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HomeMy WebLinkAboutCouncil Actions 05-20-02 WYATT 35870-052002 ROANOKE CITY COUNCIL REGULAR SESSION MAY 20, 2002 2:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent.) The Invocation was delivered by The Reverend Marion G. Harris, Director, Virginia Evangelizing Fellowship. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, May 23, 2002, at 7:00 p.m., and Saturday, May 25, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW 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.ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGMENTS: Request of Council Member William D. Bestpitch to introduce measures regarding a contribution to the National D-Day Memorial; and memorializing the late Donald McArthur Young, a Roanoke native, who lost his life as a result of the September 11 attack on the Pentagon. Adopted Resolution Nos. 35871-052002 and 35872-052002. (6-0.) File #80-110-367-518 A resolution expressing gratitude to John H. Parrott for his years of service to the Hotel Roanoke Conference Center Commission. Adopted Resolution No. 35870-052002. (6-0.) File #80-110-247 Proclamation declaring the week of May 19 - 25, 2002 as Emergency Medical Services Week. File #3-70-354 Announcement of the 2002 Award of Excellence from the Clean Valley Council. File #80-265 0 CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 3 C-1 A communication from Evelyn S. Lander submitting her resignation as a member of the Roanoke Valley Alleghany Regional Commission, effective immediately. RECOMMENDED ACTION: File #110-326 Accept the resignation and receive and file the communication. C-2 Reports of qualification of the following persons: Darlene L. Burcham as a member of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2006; and James C. Hale for a term ending March 31, 2003; Mark S. Lawrence and David Nixon for terms ending March 31, 2004; and Brian M. Shepard for a term ending March 31, 2005, as members of the Parks and Recreation Advisory Board. RECOMMENDED ACTION: Receive and file. File #15-67-110-247 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. 4 ITEMS RECOMMENDED FOR ACTION: A communication recommending execution of Change Order No. 2 to the contract with Mid Eastern Builders, Inc., for relocation of the raw water pump manhole and strainer box at the Crystal Spring Water Treatment (Filtration) Plant, in the amount of $108,216.00. Adopted Ordinance No. 35873-052002. (6-0.) File #468-472 A communication recommending rejection of the proposal of NAPA Auto Parts for turnkey parts operation in the City's Fleet Management Division. Adopted Resolution No. 35874-052002. (6-0.) File #366-472 o A communication recommending the use of competitive negotiation as the method to secure vendors to provide telephone survey services. Adopted Resolution No. 35875-052002. (6-0.) File #291-383-497 o A communication recommending that Market Street from Salem Avenue to Church Avenue, S. E., and Wall Street from Salem Avenue to Campbell Avenue, S. E., be closed to the public as a right-of-way for vehicular and pedestrian traffic from 6:30 p.m. - 3:00 a.m., for outdoor dining purposes. Adopted Ordinance No. 35876-052002. (6-0.) File #20-514-555 A communication recommending approval of a portion of the Muse Spring property to be used as a well site for a water supply system for the City; and that the City Manager be authorized to execute a well dedication document. Adopted Ordinance No. 35877-052002. (6-0.) File #166-468 o A communication recommending execution of an agreement with the Virginia Department of Forestry, in connection with an Urban and Community Forestry Grant, in the amount of $15,000.00; and appropriation of funds. Adopted Budget Ordinance No. 35878-052002 and Resolution No. 35879-052002. (6-0.) File #60-236-240 A joint communication from the City Manager and the Director of Finance with regard to the Restatement and Amendment of the City of Roanoke Pension Plan. Adopted Ordinance No. 35880-052002. (6-0.) File #24-184-429 o A communication recommending execution of an agreement with the Virginia Department of Environmental Quality for a Notice of Use Limitation for Waste, in connection with Unit 2, Middle Lot, Public Works Service Center. Adopted Ordinance No. 35881-052002. (6-0.) File #183-529 9. A communication with regard to a late payment penalty for parking tickets. Adopted Ordinance No. 35882-052002. (6-0.) File #20-24-289 7. REPORTS OF COMMITTEES: ao A communication from the Roanoke City School Board requesting appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35883-052002. (6-0.) File #60-467 6 8. UNFINISHED BUSINESS: ao A communication from the City Manager with regard to amendment to the Comprehensive Plan to include the Outlook Roanoke Plan. (The matter was tabled at the February 19, 2002 meeting of Council.) Adopted Resolution No. 35884-052002. (6-0.) File #200-277 Ordinance No. 35818, on second reading, amending, repealing or replacing proffered conditions authorized by Ordinance No. 32294- 121994 presently binding upon Official Tax No. 2761409, and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. (The matter was tabled at the May 6, 2002 meeting of Council.) The matter was referred back to the City Planning Commission for further report and recommendation to Council. File #51 9.INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Carder commended City Staff and others on a meeting that was held on Thursday, May 16, 2002, at Belmont Christian Church, in connection with the Jamison/Bullitt Pilot Project. File #178-200 7 Vice-Mayor Carder suggested that the matter of land valued taxation be referred to a committee composed of Council Members, the Director of Real Estate Valuation, and representatives from the business community. He also suggested that the matter be referred to the Legislative Committee. File g79-137 Vice-Mayor Carder spoke in support of the City Manager's appointment of a committee to study the feasibility of legislation that will permit the City to place more emphasis on local companies in the request for proposals process. If legally permissible, he further suggested that the matter be referred to the Legislative Committee. Prior to appointing a study committee, Council Member Wyatt suggested that the City Attorney review the legality of the matter. File #45-137 Council Member Bestpitch commended the City Manager and City staff in connection with tips which are included on the City's website with regard to water conservation, and specifically the rain barrel option to collect water as it runs off of the roof. File #468 Council Member Bestpitch reviewed information which was presented by the Virginia Department of Transportation at a meeting on Wednesday, May 15, 2002, with regard to changes in VDOT's Six Year Program. File #77 Council Member Hudson requested a recommendation from the City Manager with regard to an appropriate location to display portraits of former Mayors of the City of Roanoke. File #132 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 8 11. CITY MANAGER COMMENTS: The City Manager commended the Local Colors Festival, which was held on Sunday, May 19, that celebrated the diversity of cultures represented in the Roanoke Valley. File #104-317 12. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS ALSO A TIME FOR INFORMAL DIALOGUE BETWEEN COUNCIL MEMBERS AND CITIZENS. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. AT 3:50 P.M., THE MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION MAY 20, 2002 7:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. (Council Member Harris 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 Mayor Smith. Welcome. Mayor Smith. NOTICE: Tonight's meeting will be televised by RVTV Channel 3 to be replayed on Thursday, May 23, 2002, at 7:00 p.m., and Saturday, May 25, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 10 A. PUBLIC HEARINGS: l(a) Bids for lease of certain property in East Gate Park for construction, maintenance and operation of a golf facility for use by the general public. The bid of the Scott Robertson Memorial Fund was referred to the City Manager for study, report and recommendation to Council at its next regular meeting on Monday, June 3, 2002 at 2:00 p.m. File #67-372-560 (b) Public hearing with regard to the lease of certain property in East Gate Park for construction, maintenance and operation of a golf facility for use by the general public, subject to certain terms and conditions. Darlene L. Burcham, City Manager. Adopted Resolution No. 35885-052002. abstained from voting.) File #67-373 (5-0, Vice-Mayor Carder Public hearing on the request of Cape Town, L.C., and Steven W. Morris that two tracts of land located on the southwest side of Roberts Road, S. W., identified as Official Tax Nos. 1290212 and 1290211, be rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Daniel F. Layman, Attorney. The matter was referred back to the City Planning Commission for further study, report and recommendation to Council. File #51 11 o Public hearing on the request of the City of Roanoke, Calvin W. and Mary C. Powers, and Theodore J. and Judy P. Sutton that a tract of land lying generally west of Courtland Avenue, N. W., north of Orange Avenue and south of Sycamore Avenue, compri sing approximately 24.5 acres, more or less, and designated as Official Tax Nos. 3070301- 3070310, inclusive; 3070313-3070316, inclusive; 2041816 and 2041817, currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501,3070318 and 3070319, currently zoned C-2, General Commercial District, be rezoned to C-3, Central Business District. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35886-052002. (7-0.) File #51-192 e Public hearing on a proposal of the City of Roanoke to lease an 8.5 acre, more or less, parcel of land located on top of Mill Mountain, as described in Exhibit A to a Lease and Agreement dated January 1, 2002, to the Blue Ridge Zoological Society of Virginia, Inc., for a period of five years, ending December 31, 2006. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35887-052002. (7-0.) File #67-373 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 35850 amending Section 32-217, Levied rate, Article IX, Admissions tax, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to increase the admissions tax on the stated admission charge to any place of amusement or entertainment from 5 per cent to 6.5 per cent, effective July 1, 2002. Adopted Ordinance No. 35850-052002. Hudson and Mayor Smith voted no.) File 924-60-79-192 (5-2, Council Member 12 o Ordinance No. 35851 amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, effective July 1, 2002. Adopted Ordinance No. 35851-052002. Hudson and Mayor Smith voted no.) File #51-60-252-289 (5-2, Council Member C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS ALSO A TIME FOR INFORMAL DIALOGUE BETWEEN COUNCIL MEMBERS AND CITIZENS. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Josephine Rouse, 3038 Melrose Avenue, N. W., addressed Council with regard to the credibility of the Police Department in connection with closing the police substation on Lafayette Boulevard, N. W. File #5-66 Ms. Vernice Law, 1509 Lafayette Boulevard, N. W., owner of the building formerly used as a police substation, advised that even though the building is not in a state of disrepair, her main concern is that police officers have not given service to the community by appropriately staffing the police substation. File #5-66 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council with regard to the need for screen doors on the front of Lincoln Terrace residences. File 966-178 13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35871-052002. A RESOLUTION paying tribute to the Roanoke Valley War Memorial Committee for its donation to the National D-Day Memorial. WHEREAS, the idea of a National D-Day Memorial was originated by a group of citizens of the Roanoke Valley; and WHEREAS, the founding board of the National D-Day Memorial Foundation was constituted predominately of citizens of this valley who pursued, nourished, and nurtured the development of the Memorial through the years since its inception in 1988; and WHEREAS, the D-Day Memorial was dedicated on June 6, 2001, to memorialize the valor, fidelity, and sacrifice of the Allied Forces on D-day, June 6, 1944; and WHEREAS, the dedication ceremony was attended by the President of the United States, survivors of the D-Day landing at Normandy, other veterans, numerous dignitaries, and many citizens of this and several other countries; and WHEREAS, the National D-Day Memorial is expected to continue to attract visitors to the Roanoke Valley and the Bedford area from across the country and around the world who recognize the value of Operation Overlord to freedom and democracy everywhere; and WHEREAS, the National D-Day Memorial Foundation is seeking contributions to retire its substantial outstanding debt from construction of the Memorial; and H:qVIEAS URESh'-warmcrnorialdonation .doc WHEREAS, account containing the surplus from Memorial at Lee Plaza in 1982; and WHEREAS, the Committee has voted to donate $5,000, or almost half of its surplus, in support of the National D-Day Memorial Foundation's fundraising campaign; and WHEREAS, the Committee hopes that its donation will inspire others to keep faith with those who breached the line of Nazi domination in Europe and pointed the way to victory over the Axis powers, as well as with those responsible for building the Memorial to honor this event. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council hereby officially recognizes the significance of this girl from one of its standing committees and commends the Committee for its generosity; and 2. That other citizens, organizations, businesses, and governments are encouraged to duplicate the spirit of this donation so that this majestic and proud monument to one of the most heroic and meaningful events in history shall not be stained by failure to meet its just debts. the Roanoke Valley War Memorial Committee has maintained a special its creation and erection of the Roanoke Valley War ATTEST: City Clerk N:~ksm I Xo & r~r-warmemorialdonation.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35872-052002. A RESOLUTION memorializing the late Donald McArthur Young, a longtime resident of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Donald McArthur Young, as a result of the September 11, 2001 attack on the Pentagon; and WHEREAS, Mr. Young was a high school football star and graduate of William Fleming High School; and WHEREAS, upon graduation from high school, Mr. Young received a scholarship to North Carolina A&T State University in Greensboro, N.C.; and WHEREAS, after college, Mr. Young became a career officer in the United States Navy and served for 21 years; and WHEREAS, a veteran of the Persian Gulf War, Mr. Young, was nominated for numerous medals, such as the Atlantic Fleet Sailor of the Year and the Service Warfare Award, and volunteered as the fitness coordinator for the Navy, training his fellow team members; and WHEREAS, Mr. Young was one of 68 victims in the September 11, 2001 attack on the Pentagon; and WHEREAS, at the time of his death, Mr. Young served as Chief of Naval Operations- Information System Technician at the Pentagon in Washington, D.C.; and WHEREAS, as a proud member of the American military, Mr. Young was willing to give his life for his country and died while fulfilling the duties he loved. H:LMEAS URES~r-young911 victim, doc THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Donald McArthur Young, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Young's widow, Felicia Young, of Virginia Beach, Virginia. ATTEST: City Clerk Document3 RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254l Fax: (540) 853-1145 May 20,2002 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As one of Council's representatives to the War Memorial Committee, I would like to request the privilege of presenting two measures for Council's consideration at our 2:00 p.m. session on Monday, May 20. The first is a resolution recognizing and commending the War Memorial Committee upon donation of $5,000.00 to the National D-Day Memorial Foundation's fundraising campaign; and the second is a resolution in memory of a Roanoke native, Mr. Donald McArthur Young, who lost his life as a result of the September 11 attack on the Pentagon. With kindest regards, I am Sincerely, William D. Bestpitch Council Member WDB:MFP:sm RALPH K. SMITH Mayor May 7, 2002 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853-1145 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Jack B. Coulter 3944 Winding Way Rd. Roanoke, Virginia 24015 Dear Judge Coulter: Thank you very much for your hard work in preparing the initial draft of a resolution to acknowledge the Roanoke Valley War Memorial Committee's donation to the National D-Day Memorial Foundation, and for all your efforts in support of the D-Day Memorial. I am pleased to enclose my suggested revisions for review by you and the Committee members. I would like to receive any recommendations for further changes by May 14 to allow ample time to prepare the resolution for presentation at the May 20 regular meeting of Roanoke City Council. I have alerted the Mayor to our plans, and he hopes that this presentation will generate additional positive publicity and support for the Foundation. This item will be near the top of the agenda, so Committee members should be present by 2:00 p.m. I trust that all of us will spread the word among our contacts in the veterans' community and invite other interested persons to attend as well. I look forward to continuing to work with you to complete our plans for this special occasion. Yours in service to Roanoke, W.D. "Bill" Bestpitch enclosure cc: Members of Roanoke Valley War Memorial Committee bestpitch @ naxs.net 381 Washington Ave., S.W., Roanoke, VA 24016 home: (540) 344-7535 fax: (540) 510-4284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35870-052002. A RESOLUTION expressing gratitude to John H. Parrott for his years of service to the Hotel Roanoke Conference Center Commission. WHEREAS, the Hotel Roanoke Conference Center Commission was established by resolutions adopted by Virginia i~olytechnic Institute & State University on November 18, 1991, and by the City of Roanoke, Virginia, on April 14, 1992, pursuant to Chapter 440 of the 1991 Acts of Assembly of the Commonwealth of Virginia, adopted March 20, 1991, to build and oPerate the Conference Center of Roanoke; and WHEREAS, the City Council appointed John H. Parrott to the Commission on July 1, 1996; WHEREAS, Mr. Parrott was elected Chairman of the Commission on November 20, 1997, and continued to serve in that position until 2002, when his term on the Commission expired; and WHEREAS, under Mr. Parrott's leadership as Chairman, the Commission discovered significant construction deficiencies in the Conference Center; and WHEREAS, Mr. Parrott's lengthy and distinguished career as one of Western Virginia's leading construction experts proved invaluable to the Commission as it investigated the Conference Center's complicated geotechnical and structural problems; and WHEREAS, Mr. Parrott, without any financial remuneration or incentive other than his commitment to the commonwealth, took countless hours away from his construction consulting finn to review and reform a highly complex remediation plan for the Conference Center designed by the Commission's engineers and assist the Commission's lawyers in their multiparty litigation against those responsible for the building's defects; and WHEREAS, Mr. Parrott's sage counsel contributed mightily to the Commission's resounding success in 2001, when its construction litigation climaxed in a large financial settlement and the Conference Center remediation project concluded ahead of schedule and under budget; and WHEREAS, the Conference Center today stands as a better building in no small part because of the vigilance of the Commission's former chairman, John H. Parrott. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this means of recognizing and expressing its gratitude to John H. Parrott for his critical service during his tenure as Chairman of the Hotel Roanoke Conference Center Commission. ATTEST: City Clerk. WHEREAS, WHEREAS, Emergency Medical Services is a vital public service; and the members of the emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a .dco; seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system,, and it is appropriate to recognize the value and the acco~nplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, Roanoke Fire-EMS is joined by other concerned citizens of Roanoke, as well as other emergency service providers and safety advocates, businesses, schools, service clubs and organizations in their safety efforts. NOW, THEREFORE, I, Ralph K Smith, Mayor of the City of Roan,oke, Virginia, in recognition of the outstanding services performed by these individuals, do hereby proclaim the week of May 19 - 25, 2002, throughout this great All- America City, as EMERGENCY MEDICAL SER VICES WEEK. Given under our hands and the Seal of the City of Roanoke this twentieth day of May in the year two thousand and two. A TI'EST.. ... ~ . ' Mary F. Parker City Clerk Ralph K. Smith Mayor MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~¢i.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk May 23, 2002 File #110-326 Ms. Evelyn S. Lander 3805 Pinevale Road, S. W. Roanoke, Virginia 24018 Dear Ms. Lander: Your communication tendering your resignation as a member of the Roanoke Valley- Alleghany Regional Commission, effective immediately, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley-Alleghany Regional Commission from April 5, 1999 to May 20, 2002. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, City Clerk MFP:mh Enclosure C:~MyFiles~Backup\wp { wp } .bk 1 Ms. Evelyn S. Lander May 23, 2002 Page 2 pc~ Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24010 Stephanie M. Moon, Deputy City Clerk C:LMyFilesX~Backup\wp { wp } .bkl ~CHARTERED 1882~ Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@cl, roanoke.va us May 3, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Roanoke Valley Alleghany Regional Commission Please accept this letter as my resignation from the Roanoke Valley Alleghany Regional Commission. I very much appreciated the opportunity to serve on this dynamic regional commission and have enjoyed working with Commission members throughout the region. Sincer~ely, Evelyn S. Lander, AICP, Director Planning Building and Development C: Darlene L. Burcham, City Manager Wayne Strickland, Executive Director MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk May 23, 2002 File #15-110-247 Raymond D. Smoot, Jr., Secretary Hotel Roanoke Conference Center Commission 312 Burruss Hall Virginia Tech Blacksburg, Virginia 24061 Dear Mr. Smoot: This is to advise you that Darlene L. Burcham has qualified as a member of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2006. Sincerely, City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk C:LMyFiles~3ackup\wp {wp } bk I Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Darlene L. Burcham, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2006, according to the best of my ability. Subscribed and sworn to before me this/G/'C'~ay o~'~//2002. ARTHUR B. CRUSH, III, CLERK DEPUTYCLERK H:~Agenda.02hMay 6, 2002 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #15-67-110-247 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Steven S. Buschor, Director Parks and Recreation Roanoke, Virginia Dear Mr. Buschor This is to advise you that the following persons have qualified as members of the Parks and Recreation Advisory Board: James C. Hale for a term ending March 31, 2003, Brian M. Shepard for a term ending March 31 2005, and Lawrence and David Nixon for terms ending March 31, 2004. ' MFP:mh Sincerely, ~M a ~"'~ry .F. Pa~rk: r, C~M C~~-'~ City Clerk pc: Stephanie M. Moon, Deputy City Clerk H:~kgenda.02hMay 20, 2002 correspondence (part ll).wpd MAY-08-O2 OB:~3 FROM:ROANOKE CITY PARKS & REC ID:54085312B? PAGE Oath or Affirmation of Office Commonwealth of Virginial City of Roanoke, to-wit: I, James C. Hale, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2003, according to the best of my ability. Subscribed and sworn to before me this ~'~ day of 2002. ARTHUR B. CRUSH, I!1, CLERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brian M. Shepard, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2005, according to the best of my ability. Subscribed and sworn to before me this .~=._~ay of ~}~:_ ARTHUR B. CRUSH, III, CLERK 2002. BY DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark S. Lawrence, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2004, according to the best of my ability. Subscribed and sworn to before me this ~ day of ~v~ ~.__~ ARTHUR B. CRUSH, Ill, CLERK 2002. ,DEPUTYCLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David Nixon, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004, according to the best of my ability. Subscribed and sworn to before me this ~:~ day of [~,.~--2002. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanokc.va, us May 23, 2002 File #65-468-472 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk George B. Clarke, IV, President Mid Eastern Builders, Inc. P. O. Box 6748 Chesapeake, Virginia 23323 Dear Mr. Clarke: I am enclosing copy of Ordinance No. 35873-052002 authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Mid Eastern Builders, Inc., for relocation of the raw water pump manhole and strainer box, modifications to three restrooms for ADA compliance, and credits for reduced quantities of driver piles in connection with the Crystal Spring Water Treatment (Filtration) Plant Project, in the amount of $108,216.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosure pc; Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director of General Services Robert H. Bird, Acting Purchasing Manager Michael T. McEvoy, Director of Utilities Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager C :~¢/yFiles\Backup\wp {wp ? .bk ! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35873-052002. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Mid Eastern Builders, Inc. for the relocation of the raw water pump manhole and strainer box, modifications to three restrooms for ADA compliance, and credits for reduced quantities of driver piles in connection with the Crystal Spring Water Treatment (Filtration) Plant Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 2 to the City's contract with Mid Eastern Builders, Inc. for the relocation of the raw water pump manhole and strainer box, modifications to three restrooms for ADA compliance, and credits for reduced quantities of driver piles in connection with the Crystal Spring Water Treatment (Filtration) Plant Project, all as more fully set forth in the letter to this Council dated May 20, 2002. 2. This Change Order will provide authorization for additions and reductions in the work with an increase in the amount of $108,216.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: H:~Measures\co2 crystal spring water plant 2002.doc City Clerk. Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Change Order No. 2 Crystal Spring Water Treatment (Filtration) Plant Mid Eastern Builders, Inc. was awarded a contract in the amount of $4,477,000 at the October 1, 2001 meeting of City Council for building construction and equipment installation at the Crystal Spring Water Treatment (Filtration) Plant as defined in the contract documents prepared by Wiley & Wilson, Inc. Change Order No. I was administratively approved in the amount of $14,902 for a total contract amount of $4,491,902. Change Order No. 2 provides for the relocation of the raw water pump manhole and strainer box ($111,033). The proposed change order also includes the addition of a sink and cabinets in the control .room ($11,136), and credits for reduced quantities of driven piles (-$13,953). The total value of Change Order No. 2 is $108,216 with a contract time extension of two days. Our construction administration consultant, Construction Dynamics Group, Inc., recommends approval of this change order. Summary of Changes: Contract Amount Change Order No. 1 Proposed Change Order No. 2 $4,477,000 14,902 108,216 Total Funding for Change Order No. 2 is available in account number 002-530-8397, Crystal Spring Water Treatment Plant Construction. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council May 20, 2002 Page 2 Recommended Action: Authorize the City Manager to execute Change Order No. 2 in the amount of $108,216 and two additional days of contract time with Mid Eastern Builders, Inc. for the above work. DLB/LBC/bls C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer City Manager #CM02-00081 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us May 23, 2002 File ¢t-45-472 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk W. Robert Haas, Local Sales. Manager NAPA Auto Parts, Local Division 600 Gallimore Dairy Road High Point, North Carolina 27265 Dear Mr. Haas: I am enclosing copy of Resolution No. 35874-052002 rejecting the proposal from NAPA Auto Parts for Turnkey Parts Operation for the City's Fleet Management Division. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. On behalf of the City of Roanoke, thank you for submitting your proposal on the abovedescribed operation. MFP:mh Enclosure pc: Sincerely, Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director of General Services Robert H. Bird, Acting Purchasing Manager Dick E. Bane, Acting Fleet Operations Administrator C 'uMyFiies~Backup,,wp { wp }.bk I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35874-052002. A RESOLUTION rejecting the proposal for Turnkey Parts Operation for the City's Fleet Division. WHEREAS, the City received only one proposal for Turnkey Parts Operation, and the City desires to reject the proposal from NAPA Auto .Parts. BE IT RESOLVED by this Council of the City of Roanoke that: 1. Only one proposal was received for Turnkey Parts Operation, and a cost analysis of the NAPA Auto Parts proposal indicated that contracting the operation of the Fleet Warehouse would not result in any cost savings, but would result in an increased incremental cost of approximately $32,300.00. 2. Because the only proposal received would not result in a cost savings to the City, the proposal of NAPA Auto Parts is REJECTED, and the City Clerk is directed to notify the offeror and to express the City's appreciation for such proposal. ATTEST: City Clerk H:\Measures\Tumkey Parts Operation.doc Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Reject Proposal on Turnkey Parts Operation RFP #01-09-16 Background: The need to evaluate contracting for the operation of the Fleet Pads Warehouse was identified by the City's Fleet Management Division. Proposals were requested after due and proper advertisement. One (1) response from NAPA Auto Parts was received and evaluated. Considerations: A cost analysis of the NAPA Auto Parts proposal indicated that contracting the operation on the Fleet Warehouse would not result in any cost savings, but would result in an incremental cost of approximately $32,300.00. Contracting for the operation of the Fleet Management function is being considered, and management of the Parts Warehouse would be a part of the scope of services to ensure control. It is our intent to not foreclose any opportunities with respect to contracting for the operation of the Fleet Management function. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us The Honorable Mayor and Members of Council May 20, 2002 Page 2 Recommended Action: Reject the proposal from NAPA Auto Parts for turnkey parts operation in Fleet Management Division. Respectfully submitted, City Manager DLB:bdf C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dick Bain, Acting Fleet Operations Administrator Robert L. White, Manager, Purchasing #CM02-00082 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk May 23, 2002 File #291-383 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35875-052002 designating the procurement method known as competitive negotiation rather than competitive sealed bidding to be used for the procurement of telephone survey services to conduct an annual citizen survey. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director of General Services Robert H. Bird, Acting Purchasing Manager Barry L. Key, Director, Management and Budget C:~MyFiles~Backup\wp {wp} .bkl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of Hay, 2002. No. 35875-052002. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of telephone survey services to conduct an annual citizen survey; and documenting the basis for this determination. WHEREAS, the City seeks to procure proposals from vendors to provide telephone survey services by conducting a citizen survey to receive public input in order to improve City services and to help guide the use of City resources. WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, and references which are of equal, if not greater, importance than the cost. WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 1. Pursuant t° Section 23.1-4(e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the procurement of telephone survey services for the purpose of conducting an annual citizen survey. H:~Measures\Comp Nego for other than professsional services.doc 1 2. City Council directs that the procurement method known as competitive negotiation shall be used for the procurement of telephone survey services, as more fully set forth in the City Manager's Letter to this Council dated May 20, 2002. 3. This Resolution documents the basis for City Council's determination. ATTEST: City Clerk H:hMeasures\Comp Nego for other than professsional services.doc2 Office of the City Manage, May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Competitive Negotiation for Other than Professional Services Background: As part of its commitment to service excellence for all citizens, in the year 2000, the City of Roanoke began contracting with an outside vendor to conduct an annual citizen survey. The City wishes to continue this survey process and desires the opportunity to enter into a contractual agreement with a qualified firm or independent professional specializing in telephone survey services. The successful Offeror shall provide assistance to the City by conducting surveys to receive public input in order to improve City services and to help guide the use of City resources. It is the City's intent to award a one-year contract with the option to renew under the same terms and conditions for two additional years, subject to funding availability. Considerations: Although the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in procuring the above service. The experience, qualifications, and references of individuals or firms that can provide the above services are of equal, if not greater, importance than the cost. Therefore, the process of competitive negotiation using the request for proposal has been identified as the best method for procurement of these services. Room 304 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CifyWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council Page 2 The Code of the City of Roanoke provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation". Prior approval by Council is necessary before the alternate method may be used. See City Code Section 23.1-4(e). This method will allow for negotiations with two (2) or more providers to determine the best qualified at the most competitive price or rate. Recommended Action: City Council authorize the use of competitive negotiation as the method to secure vendors to provide appropriate services as identified in this letter. Respectfully submitted, City Manager DLB:rbl C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Robert L. White, Purchasing Manager CM02-00084 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #20-514-555 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35876-052002 authorizing temporary closure, as needed, by barricade of Market Street from Salem Avenue to Church Avenue, S. E., and Wall Street from Salem Avenue to Campbell Avenue, S. E., between 6:30 p.m. - 3:00 a.m., for outdoor dining in the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Kenneth H. King, Jr., P. E., Manager, Streets and Traffic C:MVlyFileskBackup\wp {wp} .bk 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35876-052002. AN ORDINANCE authorizing the temporary closure, as needed, by barricade of certain public fights-of-way for outdoor dining in the City of Roanoke, Virginia, as is more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 35792- 040201, on April 2, 2002, to provide for an outdoor dining program to be implemented within public fights-of-way and on public property in the City of Roanoke, subject to certain terms and conditions; WHEREAS, implementation of the outdoor dining program may require the temporary closure by barricade of portions of certain public fights-of-way; WHEREAS, streets that may be needed for the outdoor dining program are Market Street, S.E., from Salem Avenue, S.E., to Church Avenue, S.E., and Wall Street, S.E., from Salem Avenue, S.E., to Campbell Avenue, S.E., and the Market Square area south of Campbell Avenue, S.E.; and WHEREAS, closure of these streets and the Market Square area to vehicular and unrestricted pedestrian passage, as needed, during certain hours on a frequent basis for an extended period of time to implement the outdoor dining programs requires the authorization of City Council; and H:\ORDINANCES\O-D[N1NGSTCLOS UiLE. WpD WHEREAS, from all of the foregoing, the Council finds that no substantial inconvenience will result to any individual or to the public from temporary closure by barricade of said public rights-of-way to implement the outdoor dining program, and that such temporary closure will promote the safety and welfare of those dining outdoors in the public rights-of-way. that THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, 1. The public rights-of-way known as Market Street, S.E., from Salem Avenue, S.E., to Church Avenue, S.E., and Wall Street, S.E., from Salem Avenue, S.E., to Campbell Avenue, S.E., and the Market Square area south of Campbell Avenue, S.E., may be temporarily closed, as needed, by barricade between 6:30 p.m. and 3:00 a.m. of the next day, upon the issuance of an outdoor dining permit by the City Manager pursuant to section 30-9.1 of the City Code for outdoor dining within any portion of such public rights-of-way, provided that such closure shall be conditioned upon and in accordance with the terms and conditions of such outdoor dining permit. 2. Pursuant to the provisions of{} 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORDINANCES\O-DfN1NGSTCLOSURE, WPD Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Street Closures for Outdoor Dining Background: At its meeting on April 1, 2002 Roanoke City Council adopted an ordinance to amend the conditions for outdoor dining on public property and within the public right-of-way. The regulations for the outdoor dining program make available the use of certain streets between 6:30 p.m. and 3:00 a.m. Those two (2) streets are Market Street, S.E. from Salem Avenue, S.E. to Church Avenue, S.E. (including the Market Square area south of Campbell Avenue, S.E.) as well as Wall Street, S.E. from Salem Avenue, S.E. to Campbell Avenue, S.E. Closure of these streets to vehicular and pedestrian passage during certain hours of the day on a frequent basis for an extended period of time requires the authorization of City Council. In anticipation that some restauranteurs will soon apply for outdoor dining permits to include street areas, it would help to expedite the approval process if City Council approved an ordinance closing to vehicUlar and pedestrian use the identified streets during specified hours and under certain circumstances. Recommended action: City Council adopt an ordinance declaring that Market Street, S.E., from Salem Avenue, S.E. to Church Avenue, S.E. (including the Market Square area south of Campbell Avenue, S.E.) as well as Wall Street, S.E., .from Salem Avenue, S.E. to Campbell Avenue, S.E. are closed to the public as a right-of-way for vehicular and pedestrian traffic from 6:30 p.m. to 3:00 a.m., if the street, or any portion thereof, is subject to an outdoor dining permit issued by the City Manager pursuant to Section 30-9.1 of the Code of the City of Roanoke (1979) as amended. Respectfully submitted, City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci.roanoke.va.us FAX (540) 853-1138 Honorable Mayor and Members of City Council May 20, 2002 Page 2 C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, Jr., P.E., Manager of Streets & Traffic #CM02-00085 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk May 23, 2002 File #166-468-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35877-052002 authorizing the City Manager to execute a Well Dedication Agreement providing for the dedication of a portion of certain City-owned property known as the Muse Spring property located at the intersection of Mount Pleasant Boulevard and Riverland Road, S. E., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Michael T. McEvoy, Director of Utilities C:LMyFilesXBackup\wp { wp } .bk 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35877-052002. AN ORDINANCE authorizing the City Manager to execute a Well Dedication Agreement and any related and necessary documents providing for the dedication of a portion of certain City owned property located at the intersection of Mount Pleasant Boulevard and Riverland Road, S.E., containing an area approximately 200 by 200 feet and being a portion of Official Tax Map No. 4360601, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City would like to use water from a well located on the above described property, known as the Muse Spring property, to supplement the City's water supply, subject to approval from the Virginia Department of Health (Health Department); and WHEREAS, the Health Department requires that the portion of the property occupied by the well site be dedicated for use only for water supply purposes and staffhas recommended that such action be taken by Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a Well Dedication Agreement as required by the Health Department and any related and necessary documents providing for the dedication of a portion of certain City owned property known as the Muse Spring property located at the intersection of Mount Pleasant Boulevard and Riverland Road, S.E., containing an area approximately 200 by 200 feet and being a portion of Official Tax Map No. 4360601, upon certain terms and conditions as required by the Health Department and as set forth in the City Manager's Letter to Council dated May 20, 2002. N:\CALCXMeasures\w¢ll dedication.doc 1 2. The City Manager is further authorized to take such further action, to include the recording of documents, and execute such other documents, including any plats of survey, as may be necessary to obtain Health Department Approval for use of the water from the well located on the above property to supplement the City's water supply. All documents necessary for this action will be in a form approved by the City Attorney 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. N:\CALC~easures\well dedication.doc 2 Office of the City Manager May 20,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Muse Spring Well Site Dedication Background: In January, 2001 the City finalized the drilling and testing of a well on the Muse Spring property, Tax Map ~4360601, located at the intersection of Mount Pleasant Boulevard and Riverland Road, S.E. This well was a result of the groundwater development project initiated during the 1999 drought. The final phases of using the well as a water supply were put on hold pending completion of the Crystal Spring Treatment Plant and evaluation of the impact of 1-73 construction passing near the well site. On February 4, 2002 City Council declared that a water supply emergency existed and the use of this water supply was revisited. The Virginia Department of Health (Health Department) has given its approval to place the Muse Spring well into service through use of temporary equipment pending certification of final construction plans. Considerations: The Health Department requires that the City dedicate the portion of the parcel that the well site occupies. The dedication is to establish the area for water supply use only. An area 200' by 200' feet, centered on the well, needs to be dedicated for this purpose. The Health Department has agreed to permit construction of the facilities required to operate the well site, however it will not give final approval to use the water until the site is surveyed and platted. The Water Division has initiated this process as of April 26, 2002, and it should be completed in approximately three weeks from the date of this letter. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb :www. ci.roanoke.va.us Honorable Mayor and Members of Council May 20, 2002 Page #2 Recommended Action: Council approve the dedication of the portion of real estate of the Muse Spring property that will be used as a well site to be used for a water supply system for the City and authorize the City Manager to execute a well dedication document for the well site and take such further actions and execute such other documents as may be necessary to obtain Health Department approval as set forth above. City Manager DLB:je c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance # CM02-00089 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #236-240' Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35879-052002 accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, to prepare an Urban FOrestry Plan, in the amount of $15,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, · Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Barry L. Key, Director, Office of Management and Budget H:~Agenda.02~ay 20, 2002 correspondence (part I1).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35879-052002. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City herehy accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $15,000.00. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, for the City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated May 20, 2002, to this Council. ATTEST: City Clerk. H:~RESOLUTIONSXR-GRANT.FORESTRY (052002).WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #60-236-240 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35878-052002 amending and reordaining certain sections of the 2001-02 Grant Fund Appropriations, providing for appropriation of $15,000.00, for an Urban and Community Forestry Grant to prepare an Urban Forestry Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc~ Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Barry L. Key, Director, Office of Management and Budget H:XAgenda.02hMay 20, 2002 correspondence (part II).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35878-052002. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Parks, Recreation and Cultural Urban and Community Forestry Plan (1) ........................... Revenues $ 48;000 15,000 Parks, Recreation and Cultural Urban and Community Forestry Plan (2) ........................... 1) Urban and Community Forestry Grant $ 2) Federal Grant Receipts (035-620-4343-3004) (035-620-4343-4342) 15,000 15,OO0 $ 48,000 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acceptance of Grant to prepare Urban Forestry Plan Background: In March, 2002, the Urban Forestry staff at the Department of Parks and Recreation applied for a $15,000 grant from the Urban and Community Forestry program at the Virginia Department of Forestry. The grant will be used to prepare an Urban Forestry Plan. On April 17, 2002, the City received a letter from the Virginia Department of Forestry stating that the $15,000 grant will be awarded as soon as paperwork to activate the grant is provided by the City. The project is needed in order to devise a systematic method of managing the City's urban forest to the maximum benefit of the community and environment. It also will allow citizens to participate in the planning process. The City's Urban Forester has presented information to City Council in the past indicating a decrease in tree canopy cover from 40% in 1973 to 35% in 1997. Even with the current tree planting budget (for trees maintained by the City on streets and in parks), there is still a net loss of approximately 50 trees each year. Room 364 Municipal South 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council May 20, 2002 Page 2 Considerations: The Urban and Community Forestry Grant is a federal grant, sponsored by the U.S. Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of the 50% local match. The required $15,000 in City matching funds will include $7,432 in FY 2002 temporary wages for an Urban Forestry Planner, $4,400 in staff time provided by the Urban Forester and $800 in staff time from cooperating departments, such as Public Works and Planning and Code Enforcement. The time spent by Task Force members on the project will count as the remainder of the match at the grantor's approved rate of $15.39 per volunteer hour. Major elements of the Urban Forestry Plan will include an assessment of trees along streets and in parks; review of tree management practices; prioritization of criteria for tree planting projects; urban forestry goals; recommendations (including education and incentives for better management of trees on private property); and an implementation strategy. Coordination is underway with other City departments (such as engineering, planning, and public works) in regard to several of the plan elements. Recommended Action: Accept the Urban and Community Forestry Grant in the amount of $15,000 and authorize the City Manager and City Clerk to execute and attest, respectively, an agreement with the Virginia Department of Forestry and any other forms necessary to accept such grant, approved as to form by the City Attorney. Appropriate $15,000 in federal funding in accounts to be established in the Grant Fund by the Director or Finance and establish corresponding revenue estimates in the Grant Fund. DLB:kaj Respectfully submitted, City Manager Honorable Mayor and Members of Council May 20, 2002 Page 3 C~ Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation CM02-00095 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #5-24-70-184-429 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Jesse A. Hall Deputy Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Hall: I am attaching copy of Ordinance No. 35880-052002 amending the Code of the City of Roanoke (1979), as amended, by repealing Chapter 22.1, Pensions and Retirement, consisting of {}22.1-1 through 22.1-82, and enacting a new Chapter 22.2, Pensions and Retirement, consisting of {}22.2-1 through [}22.2-75, such new chapter consolidating, reorganizing, and recodifying pension systems of the City, specifically the Police and Fire System, the Employees' Retirement System and the Employees' Supplemental Retirement System, effective June 1,2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment N:\CKMHlXAgenda.02LMay 20, 2002 correspondence (part l).wpd Darlene L. Burcham Jesse A. Hall May 23, 2002 Page 2 pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court The The The The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief of Fire-EMS A. L. Gaskins, Chief of Police Kenneth S. Cronin, Director, Human Resources Harold R. Harless, Jr., Acting Retirement Administrator N:\CKMHl~A. genda.02hMay 20, 2002 correspondence (part l).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35880-052002. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by repealing Chapter 22.1, Pensions and Retirement, consisting of §§22.1-1 through 22.1-82, and enacting new Chapter 22.2, Pensions and Retirement, consisting of §§22.2-1 through §§22.2-75, such new Chapter consolidating, reorganizing, .and recodifying pension systems of the City, specifically, Police and Fire System, the Employees' Retirement System and the Employees' Supplemental Retirement System; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new Chapter 22.2. Pensions and Retirement, consisting of §§22.2-1 through 22.2-75, to read and provide as follows: Chapter 22.2 PENSIONS AND RETIREMENT ARTICLE I. GENERAL Sec. 22.2-1. Preamble. On August 30, 1926, the City of Roanoke established its first retirement system covering employees of the fire and police departments (fire and police system). Effective July 1, 1946, another pension plan, the employees' retirement system (ERS), was established to cover employees of the fire and police departments, as well as other employees of the city. The fire and police system covered only those fire and police employees of the city whose date of hire was on or before December 31, 1945. The fire and police system shall exist until such time as all payments promised to its covered O-AMPENRET.2002.1 retirees and beneficiaries have been made, and no other liabilities for payment exist. Those retirees and beneficiaries of the fire and police system shall remain under the terms and conditions of the fire and police system. The employees' retirement system (ERS) has been amended from time to time in order to increase retirement benefits, eliminate mandatory employee contributions, and voluntarily comply with certain provisions of the Employee Retirement Income Security Act of 1974. By Ordinance No. 27061, adopted on June 18, 1984, City Council amended and restated the ERS effective July 1, 1984. The ERS was replaced for certain active Members by the employees' supplemental retirement system (ESRS) which covers employees of Participating Employers (1) who voluntarily elected to cease membership in the ERS and begin participation in the ESRS, and (2) new employees of Participating Employers whose date of hire or rehire is on or after July 1, 1984. ESRS did not affect the. rights of any current beneficiaries as of June 30, 1984. The fire and police system, ERS and ESRS shall share one (1) common trust fund from which all benefits shall be paid without distinction as to the source of the funds and which shall be administered by one (1) board of trustees. By Ordinance No. 35880-052002, adopted on May 20, 2002, City Council amends and restates the Pensions and Retirement Chapter generally effective June 1, 2002. Certain provisions have retroactive effective dates as indicated in the text in order to comply with federal tax laws. The purpose of the amendment and restatement is to assure compliance with federal tax laws and to streamline the administration of the benefits provided under this Chapter. Nothing in this amendment and restatement of the Pensions and Retirement Chapter shall decrease Creditable Service or Earnable Compensation under the terms of the Chapter as it existed prior to its amendment and restatement. The fire and police system, ERS and ESRS shall hereafter collectively be referred to as the City of Roanoke Pension Plan (City Plan). Sec. 22.2-2. Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural and plural words shall be deemed to include singular, whenever appropriate. As used in this Chapter: Accrued Benefit shall mean the amount of a Member's monthly Pension computed at any time according to the terms and conditions which are applicable to the Member, the equivalent value of which is payable for the lifetime of a Member beginning at his Normal Retirement Age. Accrued Benefits shall be based on the formula in section 22.2-43 for ESRS Members and in section 22.2-47 for ERS Members. Creditable O-AMPENRET.2002.1 2 Service and Average Final Compensation as of the effective date of the calculation shall be used. Actuarial equivalent shall generally be computed based on five percent (5%) interest and the UP84 unisex mortality table except where different factors are specifically set forth in this Chapter, or are adopted by the Board and set forth in the Administrative Procedures Manual maintained by the Board. Beneficiary shall mean any person entitled to benefits under this Chapter. Board or Board of Trustees shall mean the Board of Trustees provided for in Article II of this Chapter. City shall mean the City of Roanoke, Virginia. City Council shall mean the Council of the City of Roanoke. City of Roanoke Pension Plan or City Plan is a collective term referring to three (3) pension systems, as follows: (1) The police and fire department pension plan as in effect on July 1, 1946, including any subsequent amendments; (2) The employees' retirement system (ERS) as in effect on June 30, 1984, including any. subsequent amendments; and, (3) The employees' supplemental retirement system (ESRS) as in effect on July 1, 1984, including any subsequent amendments. Creditable service shall mean service as described in Article VI of this Chapter. Disability Retirement shall mean a retirement that is based upon a disability and not upon a Member's age and service. Earnable Compensation shall mean all usual and regular compensation from a Participating Employer plus salary supplements and the Participating Employer's contribution to the deferred compensation plan established under Section 457 of the Internal Revenue Code of 1986, as amended, excluding overtime pay, imputed income under Section 79 of the Internal Revenue Code of 1986, as amended, and any lump sum payment made upon separation from service for unused paid time off or for unused extended illness leave pursuant to regulations promulgated by the city manager, in the case of a City Employee (or by the governing body of any other Participating Employer in the case of an Employee of such other Participating Employer), in whatever manner paid. In cases where compensation is not all paid in money, the Board shall fix the value of that part of the compensation not paid in money. Earnable Compensation shall include compensation subject to a salary reduction or deferred compensation O-AMPENRET,2002.1 3 agreement between an Employee and the Participating Employer pursuant to Section 125, 132(0(4) of the Code (for plan years and limitation years beginning on or after January 1, 2001), 402(g)(3) or 457(b) of the Internal Revenue Code (and elective deferrals or contributions under any other sections of the Internal Revenue Code covered by Section 415(c)(3)(D) of the Internal Revenue Code), which compensation is not actually or constructively received by the Employee. Employee shall mean any person employed in any capacity by a Participating Employer. Eligible Employee shall mean (1) Any officer or employee of the City, the Roanoke Regional Airport Commission, or the Roanoke Valley Detention Commission; except a part-time officer or Employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), and (2) Police and fire personnel employed on or after the first day of January, 1946; (3) The city manager, city attorney, director of finance, municipal auditor, director of real estate valuation and the city clerk (the "council appointed officers"); (4) Every officer and other person employed by the City School Board who i~ not eligible for membership in the Virginia Retirement System or successor plan except a part-time officer or Employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), or, an Employee who is employed solely as a bus driver; (5) Every Employee of the Roanoke Valley Resource Authority who became an Employee of such Authority upon its creation pursuant to the terms of the Distribution and Indemnification Agreement dated October 23,1991. No additional Employees of the Roanoke Valley Resource Authority shall be eligible to participate in the City Plan; (6) Every Employee of the Roanoke Valley Detention Commission who became an Eligible Employee pursuant to the terms of the Agreement dated October 7, 1998; whether or not such Employees meet the criteria set forth in clause (1) of this Section; and, (7) Constitutional officers and employees of constitutional officers who by contract with the City are included in the City Plan. The sheriff of the City and all deputies and Employees in said office, and their successors and all subsequent Employees in such office are not Eligible Employees. Members of City Council shall be deemed "Eligible Employees". O-AMPENRET.2002.1 4 Employees of the Virginia Supreme Court and of the Juvenile District Court who, in 1982, made the irrevocable election to remain in the City Plan are Eligible Employees. Such an Employee shall remain subject to the irrevocable election for so long as he or she remains employed by the court system, without a separation from employment. Employees of the City as of July 1, 2000, whose positions are funded by grants shall be deemed "Eligible Employees" if they have elected to become a Member by making an irrevocable election to do so in the manner set forth by the Board of Trustees. Employees hired by the City after July 1, 2000, whose positions are funded by grants shall be deemed "Eligible Employees". In all cases of doubt, the Board shall determine who is an "Eligible Employee" within the meaning of this Chapter, subject however, to review by City Council. Medical Examiner shall mean those persons designated pursuant to section 22.2-18. Member shall mean any person included in the membership of the City Plan as provided in Article V. Participating Employer shall mean the City and any employer who with the consent of the City Council upon recommendation by the Board shall adopt the City Plan; provided that the employer is a governmental employer as defined in Section 414(d) of the Internal Revenue Code of 1986 as amended. The current Participating Employers are: the City, City of Roanoke School Board; Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; and Roanoke Valley Detention Commission. The Board shall keep a record of the dates participation began. Pension shall mean annual payments for life, payable in monthly installments continuing up to the last payment which shall be made for the month in which the date of death occurs, except as otherwise provided in this Chapter. Service shall mean service as an Employee of a Participating Employer. Service Retirement shall mean a normal or early retirement that is based upon a Member's age and service alone and not upon disability or death. Sec. 22.2-3. Falsifying statements, reports or records. Whoever, with intent to deceive, shall make any statements or reports required under this Chapter which are untrue, or shall falsify or permit t© be falsified any record or records of the plan shall be guilty of a Class I misdemeanor. O-AMPENRET.2002.1 Sec. 22.2-4. Rights, benefits and plan money not subject to assignment, execution, garnishment, etc. The right of a person to a pension, any optional benefit or death benefit, any other right accrued or accruing to any person under the provisions of this Chapter and the money in the various accounts created by this Chapter shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, and shall be unassignable. The provisions of this section prohibiting the assignment or alienation of benefits shall not apply to a domestic relations order which is determined by the secretary-treasurer of the City Plan or his designee to be an approved domestic relations order as defined by section 414(p) of the Internal Revenue Code, as applicable to governmental plans. The Board shall establish procedures for review, approval and administration of such orders. Sec. 22.2-5. City employees who are subsequently reclassified as employees of the. Commonwealth of Virginia. Should any Member of the City Plan be voluntarily or involuntarily reclassified as an employee of the Commonwealth of Virginia such individual may elect to remain as a Member of the City Plan or elect to participate in another retirement plan if such option is available. Should the Member join any other retirement plan he will be treated as having terminated active membership in the City Plan and be entitled to receive only his vested benefits earned prior to termination of active membership. Sec. 22.2-6. Right to accrued benefits upon termination of City Plan. In the event of termination of the City Plan, the rights of each Member to benefits accrued to such date shall be nonforfeitable to the extent then funded. If all Accrued Benefits are not funded they shall be paid in the following order: (1) benefits; Present value of benefits to those currently receiving or eligible to receive (2) All others. Sec. 22.2.7. Amendments to chapter and effect on Participating Employers. (a) The City Council shall have the continuing right and power to amend or supplement this Chapter at any time, which right and power is hereby expressly reserved, but no amendment shall be adopted which will reduce the then Accrued Benefits of Members or Beneficiaries below the extent they are then covered by City Plan assets. (b) Such amendments shall apply to all Employees of Participating Employers unless City Council specifically provides that such amendments may be rejected by Participating Employers. O-AMPENRET.2002.1 ARTICLE II. ADMINISTRATION Sec. 22.2-8. Board of Trustees generally. (a) The general administration and the responsibility for the proper operation of the City Plan and for making effective the provisions of this chapter are hereby vested in the Board of Trustees. Each Board member shall discharge his duties with the care, skill, prudence, and diligence of a prudent man acting in like capacity and familiar with such matters. (b) The Board shall be appointed by City Council and consist of nine (9) trustees as follows: (1) The mayor, ex officio. (2) The city manager, or his designee, ex officio. (3) The director of finance, ex officio. (4) Two (2) trustees, each of whom shall be a Member of the City Plan and an Employee of a Participating Employer (but only one of the two shall be an Employee of a Participating Employer other than the City), but not a member of any of the departments specified in paragraph (5) of this subsection. A Participating Employer representative shall be appointed as of the next Board vacancy occurring after the effective date of the Plan restatement. Each successor shall be appointed for a four- year term. (5) One trustee, who shall be a Member of the City Plan and either of the City's police or the City's fire department. Successors shall each be appointed for a two-year term. Successors shall be appointed from the alternate department not represented by the incumbent trustee. (6) One trustee who is a resident of the City and a retired Member of the City Plan. Successors shall be appointed for two-year terms. (7) Two (2) trustees who are residents of the City but not Members of the City Plan. Such trustees shall have demonstrated experience in either investment of institutional funds or pension administration. Such trustees shall serve staggered four- year terms. (c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (d) The trustees, as such, shall serve without compensation. O-AMPENRET.2002.1 7 (e) Each trustee shall, within ten (10) days after his appointment, take the oath prescribed by section 59 of the City charter. (f) Each trustee shall be entitled to one (1) vote on the board. Five (5) concurring votes shall be necessary for a decision by the trustees at any meeting of the Board, and five (5) trustees shall constitute a quorum of the Board. Sec. 22.2.9. Application of Conflict of Interest Act. The provisions of the State and Local Government Conflict of Interest Act ( VA. Code Section 2.2-3100 et seq.) shall apply to members of the Board. Sec. 22.2-10. Election and appointment of officers of board; employment of services. The Board shall elect from its membership a chair and a vice-chair. The Board may employ such actuarial,, medical and other services as shall be required. Sec. 22.2-11. Rules and regulations of Board. Subject to the limitations of this Chapter, the Board shall, from time to time, establish rules and regulations for the administration of the City Plan and for the transaction of its business. Sec. 22.2-12. Board's records and reports. (a) The Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the City Plan and for checking the experience of each system. (b) The Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall submit to the City Council, annually, a report showing the fiscal transactions of the City Plan for the preceding year, the amount of the accumulated cash and securities of the City Plan, and the financial report indicating the financial condition of the City Plan. Such report shall be made in the form and contain the information required by the current financial accounting standards applicable to public pension funds. Sec. 22.2-13. Board's legal advisor. The city attorney shall be the legal advisor of the Board. Sec. 22.2.14. Secretary-treasurer; duties. The director of finance shall be the secretary-treasurer of the Board. It shall be the duty of the secretary-treasurer to submit to the Board records deemed necessary to administer properly the City Plan. O-AMPENRET.2002.1 8 Sec. 22.2-15. Correction of errors in benefit payments. Should any change or error in the records of the City Plan result in any Member or Beneficiary receiving more or less than he would have been entitled to receive had the records been correct, the Board shall have the power to correct such error, and as far as practicable, to adjust the payments in such a manner that the Actuarial Equivalent of the benefit to which such Member or Beneficiary was correctly entitled shall be paid. Sec. 22.2-16. Written application for retirement benefits. In order to receive payment for any benefit which becomes payable from the City Plan, a Member or his Beneficiary shall complete the application and other forms prescribed by the secretary-treasurer of the City Plan. The Board shall have the authority to establish reasonable procedures governing the application for any benefits payable under the City Plan. Such procedures shall be set forth in the Administrative Procedures Manual maintained by the Board. Sec. 22.2-17. Requirement to use employee's social security number. A Member shall be required to disclose his social security account number as a condition of membership. The Board and secretary-treasurer shall be authorized to use such number for the purpose of Member identification. Sec. 22.2-18. Designation and duties of Medical Examiners. The secretary-treasurer of the City Plan shall designate as Medical Examiners licensed medical doctors or other health care professionals who are not eligible to participate in the City Plan. A Medical Examiner shall arrange for and conduct all medical examinations required to determine whether a Member is disabled, shall review medical records of the Member's personal physicians, shall review all essential statements and certificates by or on behalf of a Member in connection with application for Disability Retirement and shall report in writing to the Board his conclusions and recommendations upon all the matters referred to him. Sec. 22.2-19. Designation and duties of actuary; certification of contribution rates; adoption of tables; etc. (a) The Board shall designate an actuary or actuarial consulting firm who shall be the technical advisor of the Board on matters regarding the operation of the City Plan and who shall perform such other duties as are required. Such actuary or actuarial firm must have at least one (1) actuarywho is a Fellow of the Society of Actuaries. (b) The Board shall certify, from time to time, the rates of contribution payable under the provisions of this Chapter, and shall adopt for the systems, from time to time, such mortality, service and other actuarial tables as shall be deemed necessary; and on the basis of such tables, the actuary shall make annually an actuarial valuation of the O-AMPENRET.2002.1 assets and liabilities of the systems. At least once in each five-year period, the Board shall cause an actuarial investigation to be made into the mortality, service and compensation experience of the Members and Beneficiaries of the systems. Such investigation shall be used as a basis for revisions to existing actuarial tables or the adoption of additional actuarial tables to be used to value the assets and liabilities of the systems. ARTICLE III. TRUST FUND AND INVESTMENTS Sec. 22.2-20. Accumulated assets. The Board may invest the assets of any system or program it administers on a pooled or consolidated basis. Sec. 22.2.21. Investment of assets; standard of care. (a) The members of the Board shall be trustees of all the assets of the City Plan and shall have the full power and authority to invest and reinvest such assets, and to change such investments and reinvestments from time to time as authorized by law. (b) Pursuant to the standards set forth in Section 803 of Title 51.1 of the Virginia Code, the Board shall discharge its duties with respect to the City Plan solely in the interest of the Members and Beneficiaries thereof and shall invest the assets of the City Plan with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and like aims. The Board shall also diversify such investments so as to minimize large losses unless under the circumstances it is clearly prudent not to do so. Sec. 22.2-22. Exemption from Public Procurement Act. The selection of services related to the management, purchase, or sale of authorized investments, including but not limited to actuarial services shall be governed by the standard of care in section 22.2.-21 and shall not be subject to the provisions of the Virginia Public Procurement Act. Sec. 22.2-23. [Reserved] Sec. 22.2-24. Custodian of assets; payments from funds. (a) The Board shall designate a bank or trust company to be the custodian of the assets of the City Plan. (b) When the Board shall have designated a bank or trust company to be custodian of certain or all of the assets of the City Plan, the Board may, by resolution adopted by O-AMPENRET.2002.1 l0 the Board, authorize such bank or trust company to hold all or any of the stock or registered securities of the City Plan entrusted to the custody of such bank or trust company in the name of a nominee of such bank or trust company as provided in the first paragraph of section 6.1-31 of the Code of Virginia, (1950), as amended, and the resolution of the board providing such authorization may further designate the nominee of such bank in whose name such stock and securities may 'be so held by the bank. Sec. 22.2-25. Limitation on use of assets. No member or employee of the Board shall have any direct or indirect interest in the gains or profits of any investment made by the Board, nor as a member of the Board receive any pay or compensation for his service. No member or employee of the Board shall, directly or indirectly, for himself or as an agent, in any manner use the assets of the City Plan, except to make such current and necessary payments as are authorized by the Board. Sec. 22.2-26. Diversion of City Plan assets. Upon no circumstances at any time prior to the satisfaction of all liabilities with respect to Members and their Beneficiaries under the trust shall any part of the trust corpus or income of the City Plan be used for or diverted to any purpose other than for the exclusive benefits of the Members and their Beneficiaries and for the reasonable administrative expenses of the City Plan. ARTICLE IV. CONTRIBUTIONS Sec. 22.2-27. Employer contributions. (a) No contribution shall be deducted after May 31, 1973, from the compensation of Members, and the contributions payable by the Participating Employers shall be determined as provided in this section. (b) The contributions to the City Plan made each year by the Participating Employers shall consist of a certain percentage of the Earnable Compensation of each Member to be known as the "normal contribution" and the "accrued liability contribution". (c) The normal contribution for each Participating Employer shall be determined after each actuarial valuation and shall be based on the normal cost determined under the actuarial cost method used to complete the valuation. The actuarial cost method shall be any generally accepted actuarial cost method adopted by the Board for the purposes of completing the valuation. (d) The accrued liability contribution of each Participating Employer shall be determined after each actuarial valuation and shall be based on the accrued liability determined under the actuarial cost method used to complete the valuation. Thb O-AMPENRET.2002.1 l! unfunded or overfunded accrued liability, and any changes in the unfunded or overfunded accrued liability due to plan amendments, assumption changes, or experience gains or losses, shall be amortized as a level percent of pay over a period not to exceed thirty (30) years in accordance with acceptable GASB standards. (e) The total amount payable by each Participating Employer in each year shall be sufficient, when combined with the assets of the system, to provide the benefits payable to Members and Beneficiaries then current. (f) For valuation purposes the value of the assets must reflect current market value as of June 30 of each year, however, unrealized gains and losses or appreciation/depreciation may be phased in over a period of time at the Board's discretion. (g) The actuary shall show separately the cost for each of the systems and, if requested by the Board, shall separate the cost of the deputized police officers and firefighters from all other Employees within each system, and , if requested by the Board, shall show separately the cost for each Participating Employer. (h) All reasonable administrative expenses shall be paid from the trust. (i) On or before March 1 of each calendar year, the Board shall file with the city manager and the governing body of each additional Participating Employer its certification of the amount of appropriations necessary to pay the required contribution as certified by the City Plan's actuary and such amount shall be included in the Participating Employer's budget in accordance with budget procedure. ARTICLE V. MEMBERSHIP Sec. 22.2-28. Membership generally. (a) Any Eligible Employee shall become a Member of the of the City Plan. (b) A Member of ERS on June 30, 1984 and who has not elected during election periods provided at various times between June 30, 1984 and July 1, 2000 to transfer to ESRS may continue as an ERS Member. No other person is eligible to become an ERS Member. (c) Members or Beneficiaries of the police and fire department pension plan shall continue as part of that system, and shall not be eligible to transfer to the ESRS. (d) On and after July 1, 1986, members of City Council shall be Members of ESRS. City Council members shall be accorded creditable service for all service as a member of City Council, whether continuous or not, including service prior to July 1, 1986. O-AMPENRET.2002.1 (e) A Member of the City Plan may earn a benefit from only one (1) system. Sec. 22.2-29. Election of benefit under ERS or ESRS for Members of ESRS having forty-two (42) or more years of creditable service. Any Member of the ERS on June 30, 1984, who subsequently elected to transfer to ESRS and who thereafter attains forty-two (42) or more years of Creditable Service shall have his Accrued Benefit at the time of retirement calculated pursuant to the terms of ERS and ESRS, and such Member shall elect to be paid his Accrued Benefit under either ERS or ESRS prior to the commencement of payment of any benefits under the City Plan. Sec. 22.2-30. Employees of constitutional offices and judges of courts of record not to receive benefits while being compensated by city for services rendered. Notwithstanding any provision contained in this Article, no assistant, deputy or employee in any constitutional office and no employee of any judge of a court of record shall receive any benefit under this Chapter during any period of time in which such person may also receive from the City any compensation for services rendered as an elected officer, or any judge of a court of record after being retired pursuant to this Chapter. Sec. 22.2.31. Restoration of beneficiaries to membership. (a) Should a disability Beneficiary under Normal Retirement Age be restored to or be in Service at a compensation equal to or greater than his Average Final Compensation at retirement (adjusted by any cost of living adjustments granted since his last day of Service), or should any other Beneficiary be restored to Service prior to his Normal Retirement Age, his Pension shall cease and he shall become a Member of ESRS. Anything in this Chapter to the contrary notwithstanding, any Prior Service Certificate on the basis of which his Creditable Service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all Creditable Service as a Member standing to his credit at the time of his retirement; provided, however, that his Pension upon subsequent retirement shall be no less than the sum of his previous Pension plus the amount computed on the basis of his Creditable Service and Earnable Compensation for the period after his restoration. (b) Should any Beneficiary be restored to service on or after his Normal Retirement Age, the Pension shall be discontinued during the period of restoration, and he shall become a Member of the ESRS but in the event of his death during such period any payment under an optional benefit, if one (1) has been elected and has become effective, shall commence. Such a Member shall be considered a new Member with respect to service rendered subsequent to his restoration; except, that his Normal Retirement Age shall be the same as before restoration. O-AMPENRET.2002.1 ]3 (c) If a former employee who is entitled to a deferred early service retirement allowance or a deferred vested allowance returns to service as an Eligible Employee of a Participating Employer before such allowance has become payable, he shall become a Member of the ESRS upon his return, and his retirement allowance payable on subsequent retirement shall be computed in accordance with the provisions of this Article in effect at such time on the basis of service standing to his credit at the time of his termination and service credited to him after his return. (d) Any Member who is reemployed by a Participating Employer shall not have his Pension reduced below the level he was receiving or was eligible to receive prior to reemployment. This requirement applies both to the amount of Pension and eligibility for receiving payment. (e) Should any Beneficiary receiving a pension be elected a member of City Council, such beneficiary may make an irrevocable election to: (1) Discontinue receiving such Pension pursuant to the provisions of section 22.2-31(b) above, and accrue additional Creditable Service for serving on City Council; or (2) Continue to receive a Pension, but forego the accrual of additional Creditable Service for serving on City Council. ARTICLE VI. CREDITABLE SERVICE DIVISION I - General Sec. 22.2-32. Definitions. Creditable Service means Membership Service plus Prior Service. Membership Service shall mean service as a Member for which credit is allowable as provided in sections 22.2-37 and 22.2-40 and service which is otherwise expressly credited as Membership Service pursuant to sections 22.2-41, 22.2-33, 22.2-38 and 22.2-39. Prior Service shall mean service rendered prior to becoming a Member for which credit is allowable as provided in sections 22.2-35, 22.2-74, and 22.2-41. Prior Service Certificate shall mean a certificate issued by the Board of Trustees granting Prior Service. O-AMPENRET.2002.1 ]4 Sec. 22.2-33. Service Credit during leaves of absence. (a) No service credit shall be allowed for any period of thirty (30) or more days during which an employee was absent without pay; provided, however, any period of leave under the Family and Medical Leave Act of 1993 shall be treated as Membership Service for purposes of vesting and eligibility to participate (but not for the accrual of additional benefits). (b) Periods for which an Eligible Employee is receiving workers' compensation shall also be treated as Membership.Service for purposes of vesting and eligibility (but not for the accrual of additional benefits). Such workers' compensation related periods shall be credited upon the eligible employee's return to service. (c) For a Member who has unused extended illness leave pursuant to section 2-55 of the City of Roanoke Code; or pursuant to the administrative process set by the Roanoke Valley Regional Airport Commission, seventy-five (75) percent of such Member's unused extended illness leave balance upon the date of retirement shall be converted to Creditable Service not to exceed one (1) year of Creditable Service; provided no Member shall use conversion of extended illness leave to meet vesting requirements of ESRS or ERS; no retirement allowance for any Member converting extended illness to Creditable Service shall exceed sixty-three percent (63%) of Average Final Compensation; and, such Member must begin receiving a retirement allowance immediately upon termination from employment. The Service Credit described in this section shall not be granted to Members who are Employees of the City School Board or the Roanoke Valley Resource Authority. Sec. 22.2-34. [Reserved] Sec. 22.2-35. Restoration of prior Creditable Service. If a Member is hired by a Participating Employer, prior Creditable Service (if any) will be reinstated upon application therefor when the following conditions are met: (1) The Member, other than a member of City Council, shall work one (1) continuous year after returning as an Eligible Employee before qualifying for prior Creditable Service; except when such person dies or becomes disabled after returning to service with a Participating Employer, in which case he shall become entitled to credit for prior Creditable Service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. (2) If the Member received a lump sum distribution for the full value of his pension previously earned, the lump sum is paid back with interest, at the rate of five (5) percent per annum compounded, within ninety (90) days after reemployment. O-AMPENRET.2002.1 Sec. 22.2-36. Service Generally. Except as provided in section 22.2-28, a Member shall be entitled to Creditable Service, for purposes of calculating retirement benefits, for all time such Member was an Eligible Employee, as defined in section 22.2-2, whether such service was continuous or not and regardless of breaks or interruptions in such service with any Participating Employer. In order to qualify for any Creditable Service, such Member shall not be required to make any contributions to the system nor shall such Member be required to have left contributions in the system upon ceasing to be an Employee. No Member shall, except as required in section 22.2-74, be allowed Creditable Service for time during which such Member was not an Eligible Employee of a Participating Employer. DIVISION II - ESRS Service Sec. 22.2-37. ESRS Service credit.. Each Eligible Employee shall receive credit for all Membership Service rendered while a Member of ESRS and any Prior Service with the ERS. Sec. 22.2-38. Portability. (a) The Board may enter into an agreement with the Virginia Retirement System (VRS) or another political subdivision of the Commonwealth having a defined benefit plan which is not supplemental to the Virginia Retirement System, whereby any vested ESRS Member may be granted Creditable Service, as determined by the Board, for service rendered with the VRS or with, another political subdivision upon the transfer of assets pursuant to the agreement and in accordance with the procedures established by the Board. (b) The Board may transfer assets on behalf of a vested Member to the VRS pursuant to the agreement between the Board and the Virginia Retirement System. (c) The Board may transfer assets on behalf of a vested Member to a defined benefit plan of another political subdivision of the Commonwealth which is not supplemental to the VRS pursuant to the agreement between the Board and such other political subdivision. Sec. 22.2-39. Purchase of service. (a) Creditable Service for purposes of this Article shall also include service purchased by an ESRS Member pursuant to this section and in accordance with the procedures established by the Board. Upon completion of a service purchase described herein, the Board of Trustees, or its delegate, shall issue a Prior Service Certificate relating to the purchased service. O-AMPENRET.2002.1 ]6 (b) Any Member in service who has been credited with five (5) or more years of Creditable Service or who will become vested as a result of the current purchased service, may, pursuant to the procedures described in subsections (d) or (e), purchase Creditable Service for all or part of the following: (1) Certified Creditable Service with a retirement system with which the city has entered into a portability agreement pursuant to subsections (a) and (b) of section 22.2-38 and section 51.1-801.1, Code of Virginia. (2) Service with the City in a grant position prior to July 1,2000. The Member must pay an amount equal to a percentage of the Member's present annualized Earnable Compensation or his Average Final Compensation during his thirty-six (36) highest consecutive months of Creditable Service (as determined pursuant to section 22.2-42). The percentage of present Earnable Compensation or average Earnable Compensation, whichever is greater, to be charged shall be determined by the City Plan's actuary based on reasonable factors and assumptions approved by the Board of Trustees intended to reflect the actual cost to the City Plan of the benefit to be provided as a result of the purchased service. If the Member does not pay the entire amount required, the Member's actual Creditable Service shall be prorated on a linear basis. Notwithstanding the foregoing, if the Member does not pay the entire amount required due to the Member's death while an employee and such Member does not have sufficient Creditable Service to be entitled to a death benefit under section 22.2-67, then the amount paid by the Member to purchase service shall be refunded to the Member's spouse or if none, to the Member's estate as soon as possible following the date of the Member's death. (c) No service may be purchased under this section if such service is considered in the calculation of any retirement benefit either under this Chapter as a result of portability or by another retirement system. (d) Upon an election by a Member to purchase Creditable Service pursuant to this section and the receipt by the Participating Employer of a binding and irrevocable salary reduction election executed by the Member on a form provided by the Board for this purpose, the Participating Employer shall pay to the City Plan an equivalent amount in lieu of the Member's contribution required to purchase Creditable Service pursuant to this section. The Member shall not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the Participating Employer to the City Plan. Such election shall not be effective prior to the receipt of the signed election. Contributions made by the Participating Employers pursuant to this section shall be considered Earnable Compensation for purposes of this Chapter. Such contributions shall be paid to the trust fund by the Participating Employer from the same source of funds as used in paying the wages to affected Members. Creditable Service available for purchase that is not purchased using the procedure described in this subsection may be purchased using the procedure described in subsection (e). O-AMPENRET.2002.1 ]7 (e) In lieu of the purchase by salary reduction election as described in subsection (d) or in addition thereto, the City Plan shall accept a direct trustee-to-trustee transfer of a lump sum in cash from a plan established pursuant to 457(b) of the Internal Revenue Code of 1986, as amended by a governmental employer or a plan or program established pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended as payment by a Member for the purchase of Creditable Service described in subsection (b). Creditable Service purchased with the lump sum shall be determined by dividing the lump sum by the applicable percentage described in subsection (b) multiplied by the greater of the Member's present annualized Earnable Compensation or his Average Final Compensation during his thirty-six (36) highest consecutive months of Creditable Service (as determined pursuant to section 22.2-42). Creditable Service available for purchase that is not purchased using the procedure described in this subsection, may be purchased using the procedure described in subsection (d). DIVISION III - ERS Service Sec. 22.2-40. ERS Service credit. Each Eligible Employee commencing service, for the first time, after July 1, 1946, shall receive Membership Service for all service rendered while a Member of ERS. Sec. 22.2-41. Prior Service credit generally. Service prior to July 1, 1946 for employees whose date of hire was before July 1, 1946 shall be based upon the Prior Service Certificate, the Employee's statement of all service as an Employee rendered by him pdor to said date for which he claims credit, whether continuous or not, and of such other facts as the Board may require for the proper operation of the system. The Board shall fix and determine, by appropriate rules and regulations, the amount of service in any year which is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the Board allow credit as service for any period of more than one (1) month's duration during which the Employee was absent without pay. The Board shall verify, as soon as practicable after the filing of such statements of service, the service therein claimed, and shall issue Prior Service certificates certifying to each Member the number of years of Prior Service with which he is credited. As long as membership continues, a Prior Service Certificate shall be final and conclusive for retirement purposes as to such Prior Service credit; provided, however, that any Member may, within one (1) year after the date of issuance or modification of such certificate, request the Board to modify or correct his Prior Service Certificate. O-AMPENRET.2002.1 ARTICLE VII. DETERMINATION OF BENEFITS DIVISION I - ESRS Sec. 22.2-42. ESRS Definitions. Average Final Compensation (as used for purposes of determining retirement allowances under this division) shall mean the average annual Earnable Compensation, as defined by section 22.2-2, of a Member during the thirty-six (36) consecutive months during which the Member has Creditable Service yielding the highest such average prior to retirement. Months in which the Member has no Creditable Service shall not be included in determining the thirty-six (36) consecutive months. System shall mean the Employees' Supplemental Retirement System of the City of Roanoke hereinafter referred to as the ESRS. Normal Retirement Age means: (1) For firefighters and deputized police officers the earlier of (i) attainment of age sixty-five (65) and five (5) years of Creditable Service, or (ii) the attainment of age forty-five (45) and any combination of age and years of Creditable Service that equals not less than the sum of seventy (70). Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firef[ghter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the City service, then such Member shall continue to accrue Creditable Service as a firefighter or deputized police officer and shall remain subject to the Normal Retirement Age established by this subsection as if he had remained a firefighter or deputized police officer. Any Member employed on December 1, 1997, as a firefighter who was employed by the City in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a Member working in an emergency medical services capacity. (2) For all other Members not described in (1) above the earlier of (i) the attainment of age sixty-five (65) and five (5) years of Creditable Service, or (ii) the attainment of age fifty (50) and any combination of age and years of Creditable Service that equals not less than the sum of eighty (80). (3) With respect to any person employed after having attained the age of sixty (60) years, Normal Retirement Age shall be such person's age upon employment increased by five (5) years. O-AMPENRET.2002.1 Sec. 22.2-43. Normal service retirement. (a) Eligibility. A Member who remains an active Member until his Normal Retirement Age shall be eligible to receive an unreduced normal retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of normal retirement benefit on or after Normal Retirement Age. The retirement allowance shall be two and one-tenth percent (2.1%) of the Member's Average Final Compensation for each year of Creditable Service subject to a maximum of sixty-three percent (63%) of Average Final Compensation. Only Creditable Service and Average Final Compensation upon date of termination of employment will be used in the computation of the retirement allowance. Sec. 22.2-44. Early service retirement allowance. (a) Eligibility. A Member who has had five (5) or more years of Creditable Service and has attained the age of fifty-five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (b) Amount of eady retirement benefit. The retirement allowance shall be two and one-tenth percent (2.1%) of the Member's Average Final Compensation for each year of Creditable Service subject to a maximum of sixty-three percent (63%) of Average Final Compensation. Only Creditable Service and Average Final Compensation upon date of termination of employment will be used in the computation of the retirement allowance. (c) This retirement allowance may be deferred until the date when the Member first actually attains the earlier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service and becomes payable without further adjustment. (d) If the Member elects payment to begin prior to the eadier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service, then the benefit is reduced taking into account the number of months by which actual payment precedes the eadier of: (1) the date the Member actually attains age sixty-five (65); or (2) age fifty-five (55) and thirty (30) years of Creditable Service. The Pension commencing immediately shall be equal to the deferred pension reduced by one-half (1/2) of one (1) percent for each of the first sixty (60) such months by which actual payment precedes the eadier of the date determined in (1) or (2) above, and, one-quarter (1/4) of one (1) percent for each additional month in excess of sixty (60) months by which actual payment precedes the date determined in (1) or (2) above. Sec. 22.2-45. Vested allowance. (a) Eligibility. A Member with five (5) or more years of Creditable Service who, for reasons other than death or retirement under any other provision of this Article, ceases O-AMPENRET.2002.1 20 to be employed by a Participating Employer shall be entitled to a vested allowance, as provided for in sections 22.2-43, 22.2-44, or 22.2-58. (b) Calculation of allowance. The vested allowance commencing upon the actual attainment of the earlier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service shall be computed as a vested service retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his termination. (c) Payment of the vested allowance. The vested allowance may commence to be paid at any time after the Member has reached the age required for Early Retirement subject to any applicable reductions for early payment as set out in section 22.2-44(d). (d) Applicability of multiplier. Any Member entitled to a vested allowance who ceased to be an Employee of a Participating Employer prior to January 1, 1999, shall have his vested allowance calculated pursuant to sections 22.2-43 and 22.2-44 as such sections existed prior to January 1, 1999 (utilizing a multiplier of two percent (2.0%) for each year of Creditable Service). Any Member entitled to a vested allowance who ceases to be an Employee of a Participating Employer on or after January 1, 1999, and who meets the condition established by section 22.2-35(1) shall have his vested allowance calculated pursuant to sections 22.2-43 and 22.3-44 as such sections exist on and after January 1, 1999 (utilizing a multiplier of two and one-tenth percent (2.1%) for each year of Creditable Service). DIVISION II - ERS Sec. 22.2-46. ERS Definitions. Average Final Compensation (as used for purposes of determining retirement allowances under this division) shall mean the annual Earnable Compensation, as defined by section 22.2-2, of a Member during his twelve (12) consecutive months of Creditable Service yielding the highest such average prior to retirement. Normal Retirement Age means the age of sixty (60) or the age prior thereto at which a Member completes thirty (30) years of Creditable Service. Social Security Benefit shall mean the annual benefit payable in monthly installments as the primary insurance amount under Title II of the Federal Social Security Act. System shall mean the Employees' Retirement System of the City of Roanoke hereinafter referred to as the ERS. Sec. 22.2-47. Retirement and service retirement allowance generally. (a) Eligibility. Any Member who remains an active Member until his Normal Retirement Age shall be eligible to receive an unreduced normal retirement benefit O-AMPENRET.2002.1 commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of normal retirement benefit on or after Normal Retirement Age. The Service Retirement allowance shall consist of a Pension equal to one-seventieth of the Member's Average Final Compensation multiplied by the number of years of Creditable Service. In the case of a Member retiring on or after July 1, 1970, and after he has attained the age of sixty-five (65) years, an additional Pension shall be payable to him, if he is not entitled to a Social Security Benefit at the time of such retirement on the basis of his covered earnings under the Social Security Act, which shall be equal to the primary insurance amount provided under Title II of the Social Secudty Act as the same may be from time to time amended and adjusted; provided, however, that the Member shall be required to submit evidence satisfactory to the Board that the Social Security Administration has determined that no Social Security Benefit is payable to him, nor would such a benefit be payable upon proper application therefore but for the receipt of income covered under the Social Security Act. Sec. 22.2-48. Early service retirement allowance. (a) Eligibility. A Member who remains an active Member until he has completed at least twenty (20) or more years of Creditable Service shall be eligible to receive an eady retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of eady retirement benefit. The retirement allowance shall consist of a Pension equal to one-seventieth of the Member's Average Final Compensation multiplied by the number of years of Creditable Service. (c) The early service retirement allowance shall consist of either: (1) A deferred pension commencing upon the attainment of the Normal Retirement Age and computed as a service retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his eady retirement; or (2) A pension commencing immediately which shall be equal to the deferred pension reduced by five-ninths of one (1) percent for each month between the date of commencement of the pension and the attainment of the Normal Retirement Age, not in excess of sixty (60) months, and five-eighteenths of one (1) percent for each such month in excess of sixty (60) months. (d) If a retired Member who has elected to receive a deferred retirement allowance under this section dies before his retirement allowance normally becomes due, the only payment made shall be the nonoccupational death benefit, as provided under subparagraph (1) of section 22.2-70, unless there is a surviving spouse entitled to a pension under the provisions of section 22.2-69. O-AMPENRET.2002.1 22 Sec. 22.2-49. Vested allowance. (a) Eligibility. A Member with ten (10) or more years of Creditable Service who, for reasons other than death or retirement under any other provision of this article, ceases to be employed by a Participating Employer on or after October 1, 1977, shall be entitled to a vested allowance as provided for in section 22.2-47, or 22.2-48, subject to the restrictions of this section, payable to him in accordance with this section commencing either on his Normal Retirement Age or upon application of the former Employee filed not less than thirty (30) days prior to the commencement date, prior to the Normal Retirement Age but on or after the date as of which he would have completed twenty (20) years of Creditable Service if he had continued in service with a Participating Employer. Any Member who terminated Service for any reason prior to October 1, 1977, and who returns to Service after such date shall work one (1) continuous year after returning before qualifying for credit toward a vested allowance for Service rendered prior to October 1, 1977, except when such person dies or becomes disabled after returning to service, in which case he shall become entitled to credit for Prior Service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. (b) The vested allowance commencing upon the attainment of Normal Retirement Age shall be computed as a Service Retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his termination. (c) The vested allowance commencing prior to the former Member's Normal Retirement Age, but on or after the date as of which he would have completed twenty (20) years of Creditable Service if he had continued in Service, shall be equal to the Pension computed in accordance with subsection (b) of this section, reduced by five- ninths of one (1) percent for each month between the date of commencement of the pension and the attainment of the Normal Retirement Age, not in excess of sixty (60) months, and five-eighteenths of one (1) percent for each additional month in excess of sixty (60) months. (d) A vested allowance shall not be payable pursuant to this section with respect to any Member whose Service was terminated prior to October 1, 1977, and who was not in Service after that date. ARTICLE VIII. DISABILITY RETIREMENT Sec. 22.2-50. Nonoccupational disability retirement allowance. (a) Eligibility. Upon application of a Member in service or the head of such Member's department, any such Member who has had five (5) or more years of Creditable Service may be retired by the Board on a nonoccupational Disability Retirement allowance not more than one (1) year after the filing of such application; provided, that the Board's O-AMPENRET.2002.1 ?-3 Medical Examiner or Examiners shall certify after medical examination (i) that such Member is mentally or physically totally incapacitated for the further performance of any gainful employment for which the Member is qualified with his most recent Participating Employers, and (ii) that such incapacity is likely to be permanent. (b) Amount of benefit. The nonoccupational Disability Retirement allowance shall be computed as a Service Retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his retirement (accrued benefit), provided, in the case of an ERS Member, if such Member has not attained his Normal Retirement Age and the retirement allowance computed as herein provided is less than twenty-five percent (25%) of the Member's Average Final Compensation, the Pension shall be increased to the lesser of such twenty-five percent (25%) , or the amount that would have been payable to the Member as a Service Retirement allowance on retirement at his Normal Retirement Age if he continued in service until such age without change in his Average Final Compensation. Upon approval of an application by the Board, benefits shall be retroactive to the date after all forms of leave have been exhausted. This benefit shall be reduced by any workers' compensation benefits as provided for in section 22.2-53. Sec. 22.2-51. Occupational disability retirement allowance. (a) Eligibility. Upon the application of a Member in service or the head of such Member's department, any Member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on 'his part may be retired by the Board on an occupational Disability Retirement allowance not more than one (1) year after the filing of such application; provided that the Board's Medical Examiner or Examiners shall certify after medical examination (i) that such Member is mentally or physically totally incapacitated for the further performance of any gainful employment for which the Member is qualified with his most recent Participating Employers, (ii) that such incapacity is the natural and proximate result of an accident occurring while in the actual performance of duty, and (iii) that such incapacity is likely to be permanent. (b) Amount of benefit. The occupational Disability Retirement allowance shall be equal to sixty-six and two-thirds percent (66-2/3%) of a Member's Average Final Compensation. This benefit shall be reduced by workers' compensation benefits as provided for in section 22.2-53. This benefit shall not be reduced due to payment commencing prior to Normal Retirement Age. Sec. 22.2-52. Application for workers' compensation benefits required. As a condition precedent to application for an occupational disability benefit from the City Plan, a Member must first apply for workers' compensation benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall O-AMPENRET.2002.1 not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this Chapter for the City Plan. Sec. 22.2-53. Workers' compensation benefits offset against retirement benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any Member or Beneficiary, or to the dependents of any Member or Beneficiary, on account of any injury, occupational disease or disability or incapacity, total or partial, or death shall in such manner as the Board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the City Plan. (b) In the case of a Member, Beneficiary or dependent of a Member or Beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation Act, the retirement allowance shall cease or be reduced, as the case may be. The amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any Member or Beneficiary, or to the dependents of any Member of Beneficiary, on account of permanent partial disability from any injury shall be offset against any benefits payable out of funds under the provisions of the City Plan. Sec. 22.2-54. Presumptions applicable to death or disability of firefighters and police officers. The policies, presumptions and procedures established by section 27-40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51-122, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees' supplemental retirement system or the employees' retirement system. O-AMPENRET.2002.1 2.5 Sec. 22.2-55. Periodic medical examination of beneficiaries retired on account of disability. Once each year during the first five (5) years following the retirement of a Member on a nonoccupational or an occupational Disability Retirement allowance, and once in every three-year period thereafter, the Board may require any disability beneficiary to undergo a medical examination if he has not yet attained his Normal Retirement Age. Such examination shall be made by a Medical Examiner at the Examiner's office during normal business hours. For this purpose, the secretary-treasurer shall select a Medical Examiner or Examiners who are located within a reasonable proximity of the Member's place of residence. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the Board until his withdrawal of such refusal, and should his refusal continue for one (1) year, all his rights in and to his pension may be revoked by the Board. Sec. 22.2-56. Modification of disability retirement allowances. (a) Should the Board find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his Pension and his Average Final Compensation adjusted pursuant to any applicable amendments to the ranges of the Participating Employer's pay plan subsequent to the Member's retirement, the Board shall reduce the amount which, together with the amount earnable by him, shall equal the amount of his Average Final Compensation adjusted as provided above. Should the earning capacity of such Beneficiary from any gainful occupation be later changed, the amount of his Pension may be further modified in a like manner. (b) The Board or the secretary-treasurer of the City Plan, upon the authority of the Board, shall be authorized to make such inquiries of persons who are disability beneficiaries under the City Plan as are necessary to determine whether any such person is engaged or is able to engage in a gainful occupation paying more than the difference between his Pension and his Average Final Compensation increased by the average cost of living allowances to city employees. Such inquiries shall be answered under oath. Any disability beneficiary may also be required to produce copies of tax returns and tax withholding forms (W-2s) to establish income. If any disability beneficiary should refuse or fail to provide the information required by this section, the Board shall be authorized to terminate such person's benefits until compliance is achieved. O-AMPENRET.2002.1 ARTICLE IX. PAYMENT OF BENEFITS DIVISION I - General Sec. 22.2-57. Form of Payment of benefits. All annuity payments shall be made on a monthly basis. The Board of Trustees shall establish all required administrative procedures needed to accomplish such monthly payments. Sec. 22.2-58. Lump sums. (a) The Board may set a dollar amount for a monthly benefit that shall be paid in the form of a lump sum. Except as provided in subsection (c), monthly benefits of more than the amount determined by.the Board shall not be paid in the form of a lump sum. Notwithstanding the above, monthly benefits whose lump sum value is above the amount as shall be from time to time established by Section 411(a)(11), Internal Revenue Code of 1986, as amended, shall require Member consent before a lump sum is paid. Any beneficiary shall be required to receive a lump sum distribution of the amount as shall be from time to time established by Section 411(a)(11), Internal Revenue Code of 1986, as amended, or less. (b) All lump sums shall be based on the applicable interest rate and mortality'table as defined in Section 417(e) of the Internal Revenue Code of 1986, as amended, effective on the first day of the calendar year in which payment is made. (c) Upon the written agreement of the Employee and the secretary-treasurer of the City Plan, monthly benefits payable to a Member who is retired on a Disability Retirement allowance may be paid in the form of a lump sum by purchase of one (1) or more annuities or a combination of lump sum and annuity payments. Sec. 22.2-59. Rollover of lump sum distributions. Effective January 1, 1993, notwithstanding anything to the contrary in this Article, but subject to any de minimis or other exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, any prospective recipient (whether a Member, a surviving spouse, a current or former spouse who is an alternate payee under an approved domestic relations order or any other person eligible to make a rollover) of a distribution from the City Plan which constitutes an "eligible rollover distribution" (to the extent otherwise includible in the recipient's gross income) may direct the Board to pay the distribution directly to an "eligible retirement plan". For purposes hereof, the following terms have the meanings assigned to them in Section 401(a)(31) of the Intemal Revenue Code of 1986, as amended, and, to the extent not inconsistent therewith, shall have the following meanings: O-AMPENRET.2002.1 ?-7 (1) The term "eligible retirement plan" means a defined contribution plan which is either an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401(a) of the Internal Revenue Code of 1986, as amended, that accepts the prospective recipient's eligible rollover distribution. For distributions made before January 1, 2002, in the case of an eligible rollover distribution payable to a Participant's surviving spouse, an "eligible retirement plan" means only an individual retirement account or individual retirement annuity. Effective for distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this Plan. Effective for distributions made after December 31, 2001, the definition of eligible retirement plan applicable to a Participant shall also apply in the case of a distribution to a Participant's surviving spouse and to a Participant's spouse or former spouse who is the alternate payee under an approved domestic relations order. (2) than: The term "eligible rollover distribution" means any distribution other (A) A distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made either for the life (or life expectancy) of the recipient or the joint lives (or joint life expectancies) of the recipient and his beneficiary who is an individual or for a specified pedod of ten (10) or more years, or (B) A distribution to the extent it is required under the minimum distribution requirement of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended. Any such direction shall be filed with the Board in such form and at such time as the Board may require and shall adequately specify the eligible retirement plan to which the payment shall be made. The Board shall make payment as directed only if the proposed transferee plan will accept the payment. Any such plan to plan transfer shall be considered a distribution option under this plan and shall be subject to all the usual distribution rules of the City Plan (including but not limited to the requirement of an advance explanation of the option). The Board is authorized in its discretion, on a uniform and non-discriminatory basis, to apply any discretionary de minimis or other discretionary exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, in effecting or declining to effect plan to plan transfers hereunder. Within a reasonable time (generally not more than ninety (90) nor less than O-AMPENRET.2002.1 thirty (30) days) before the benefit payment date of a prospective recipient of an eligible rollover distribution from the plan, the Board shall provide the prospective recipient with a written explanation of the rollover and tax rules required by Section 402(0 of the Internal Revenue Code of 1986, as amended. Sec. 22.2-60. Permissible changes to optional forms of payment. A retired Member who has elected an option described in section 22.2-62 or section 22.2-63 may, in a manner prescribed by the Board, revoke such election and elect to receive from the time of notification the retirement allowance to which he would have been entitled had no option been elected initially and no cost of living increases been granted in the interim, if (a) the original survivor has died or (b) a final decree of divorce of the retired Member from the original survivor has been entered which releases both the Member and the City Plan from any liability to or obligation of the City Plan to make any payments to the original, survivor. Sec. 22.2-61. Retirement supplement. Any Member of the City Plan who is an Employee of a Participating Employer (not including employees of the City of Roanoke School Board), and who retires or who has retired after earning twenty (20) or more years of Creditable Service, but prior to attaining the age of sixty-five (65), shall be paid a monthly supplement of the greater of one hundred fifty-nine ($159.00) or an amount equal to seventy-five percent (75%) of the amount the City of Roanoke contributes monthly toward the cost of a single active employee's health insurance, as such contribution may be changed from time to time, commencing with the first month of retirement and terminating with the month in which the Member attains age sixty-five (65). This supplement shall not be subject to any cost of living adjustment which may be provided under the City Plan. This supplement shall be a personal benefit applicable to an eligible Member only without any right of survivorship. Upon the death of a Member who is receiving such benefit, the monthly payment shall be made for the month of such Member's death and shall terminate with the next succeeding month. This benefit shall not be applicable to retirees receiving the early retirement incentive plan supplement granted in 1991. DIVISION II. ESRS Sec. 22.2-62. Optional spousal allowance. Until the effective date of retirement, any Member may elect to convert the retirement allowance otherwise payable to him into an optional spousal allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If an optional spousal allowance is selected and the spouse dies before the Member, the Member's Pension shall, as of the first day of the next month after the death of the Member's spouse, be increased by an amount equal to the amount by which the Pension was reduced at the date of retirement by virtue of the Member's election of a spousal allowance. The Member's spouse, if any, shall be required to sign the election O-AMPENRET.2002.1 form designated by the Board, when the Member applies for retirement. A spouse must be married to the Member at retirement and one (1) year prior to death of the Member or retired Member to be eligible for a spousal allowance. The spousal allowance shall continue until the death of the spouse. Except as provided in section 22.2-60, a Member's election of an optional spousal allowance shall be irrevocable. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-53. The optional forms are as follows: Option 1: A reduced retirement allowance payable during the life of the retired Member, with the provisions that upon. his death his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledgeable and filed with the Board at the time of his retirement (the Joint and 100% Spouse Survivor Option); or Option 2: A reduced retirement allowance payable during the life of the retired Member, with the provision that upon his death three-quarters of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement (the Joint and 75% Spouse Survivor Option); or Option 3: A reduced retirement allowance payable during the life of the retired Member, with the provision that upon his death one-half of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement ( the Joint and 50% Spouse Survivor Option). The actuarial factors used to convert normal form of payment (single life annuity payable monthly) to an optional form of payment are set forth in the Administrative Procedures Manual maintained by the Board. Such tables shall comply with the requirements of section 401(a)(9) of the Internal Revenue Code Should such Member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a Member in service at the time of his death, and the only benefit payable on his account shall be the nonoccupational death benefit provided in section 22.2-67 reduced by any retirement allowance payments received by him prior to his death. DIVISION III - ERS Sec. 22.2-63. Optional or modified retirement allowance. Until the effective date of retirement, any Member may elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If a modified retirement allowance is selected and the Beneficiary dies before the Member, the Member's Pension allowance shall, as of the first day of the next month after the O-AMPENRET.2002.1 30 death of the Member's Beneficiary, be increased by an amount equal to the amount by which the Pension was reduced at the date of retirement by virtue of the Member's election of a modified retirement allowance. A modified retirement allowance shall continue until the death of the Beneficiary. Except as provided in section 22.2-60, a Member's election of a modified retirement allowance shall be irrevocable. The optional forms are as follows: Option 1: A reduced retirement allowable payable during the life of the retired Member, with the provision that upon his death his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledgeable and filed with the Board at the time of his retirement (the Joint and 100% Survivor Option); or Option 2: A reduced retirement allowance payable during the life of the retired Member, with the provisions that upon his death one-half of his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement (the Joint and 50% Survivor Option); or Option 3: A reduced retirement allowance payable during the life of the retired Member, with the provisions that, upon his death, some other benefit shall be payable; provided, that the total value of the allowance during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he Would receive without optional modification; provided further that the benefit shall be approved by the Board (the Joint and x% Survivor Option). The actuarial factors used to convert to an option form of payment are set forth in the Administrative Procedures Manual maintained by the Board. Should such Member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a Member in service at the time of his death, and the only benefit payable on his account shall be the nonoccupational death benefit provided in section 22.2-70 reduced by any retirement allowance payments received by him prior to his death. Notwithstanding anything herein to the contrary, the distribution options available to Members shall be limited by the following restrictions: (1) The present value of payments made to the Member must be more than fifty (50) percent of the present value of the total payments to be made to the Member and his beneficiary (based on the life expectancies as of the date benefit commence). (2) Benefits will be distributed commencing not later than such taxable year: (i) Over the life of such Member or over the lives of such Member and his spouse, or; O-AMPENRET.2002.1 3! (ii) Over a period not extending beyond the life expectancy of such Member or the life expectancy of such Member and his spouse. (3) If a Member dies before his entire interest has been distributed to him, or distribution has been' commenced in accordance with (2)(ii) above to his surviving spouse and such surviving spouse dies before his entire interest has been distributed to such surviving spouse, then his entire interest will be distributed within five (5) years after his death (or the death of his spouse). The preceding sentence shall not apply to term certain distributions. With respect to distributions beginning in calendar years beginning on or after January 1, 2002, the Plan will apply the minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code and described in this' section, in accordance with the regulations under Section 401(a)(9) of the Internal Revenue Code that were proposed on January 17, 2001. ARTICLE X. DEATH BENEFITS DIVISION I - General Sec. 22.2-64. Application for workers' compensation benefits required. As a condition precedent to application for an occupational death benefit from the City Plan, a Member's Beneficiary must first apply for workers' compensation death benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this Chapter for the City Plan. Sec. 22.2-65. Workers' compensation benefits offset against death benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any Member or Beneficiary, or to the dependents of any Member or Beneficiary, on account of death shall in such manner as the Board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the City Plan. (b) In the case of a Member, Beneficiary or dependent of a Member or Beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation Act, the retirement allowance shall cease or be reduced, as the case may be. The amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for O-AMPENRET.2002.1 the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. However, in the event a Member dies after electing to receive a lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act, the death benefit payable to a Beneficiary or dependent of a Beneficiary shall be offset only to the extent the amount of the lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act has not already been offset by any benefits payable out of funds provided under the provisions of the City Plan. (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any Member or Beneficiary, or to the dependents of any Member of Beneficiary, on account of permanent partial disability from any injury shall not be offset against any benefits payable out of funds under the provisions of the City Plan. Sec. 22.2-66. Presumptions applicable to death or disability of firefighters and police officers, The policies, presumptions and procedures established by section 27-40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51-122, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees' supplemental retirement system or the employees' retirement system. DIVISION II - ESRS Sec. 22.2-67. Nonoccupational death benefit. (a) Eligibility. Upon the receipt of proof, satisfactory to the board, of the death of an active Member with ten (10) or more years of Creditable Service which was not the result of an accident in the actual performance of duty, as defined in section 22.2-68, a nonoccupational death benefit shall be paid to such person's lawful spouse as of the date of death and with whom he has been married for least one (1) year at date of death, if any. (b) Benefit. The nonoccupational death benefit shall be an annuity benefit equal to fifty (50) percent of his Accrued Benefit on his date of death (but not reduced by any O-AMPENRET.2002.1 33 early payment reduction factor). The benefit shall commence on the day next following death. If the surviving spouse is more than sixty (60) months younger than the Member the benefit shall be reduced by one-sixth of one (1) percent for each full month in excess of sixty (60) months. Sec. 22.2-68. Occupational death benefit. (a) Eligibility. If, upon the receipt of proof, satisfactory to the Board, of the death of a Member in service indicating that such death was the natural and proximate result of an accident, occurring while the Member was in the actual performance of duty, the Board shall decide that death was the result of an accident in the actual performance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the Member, there shall be paid the following benefit, in lieu of any benefit payable under the provisions of section 22.2-67. (b) Benefits. The occupational death benefit shall be a Pension one-half of his Average Final Compensation payable to his spouse, if any, to continue until death; or if there is no spouse at date of the Member's death, then to his child or children under age eighteen (18), if he leaves children, divided in such manner as the Board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age. This benefit shall be reduced by workers' compensation benefits as provided in section 22.2-65. DIVISION III - ERS Sec. 22.2-69. Pensions to spouses of retired Members or Members eligible to retire. Upon the receipt of proof, satisfactory to the Board, (i) of the death, on or after July 1, 1973, of a Member in active service after the completion of twenty (20) or more years of Creditable Service or after the attainment of age sixty (60), or (ii) of the death of a Member who retired on or after July 1, 1973, or of the death of a former Member in receipt of a vested allowance pursuant to section 22.2-49, a Pension shall be payable to the surviving spouse, commencing on the day next following the date of death of the Member, retired Member or former Member in receipt of a vested allowance and ceasing upon the death of the spouse; provided, that the spouse was married to the retired Member or former Member at the time that payment of his benefit commenced; that the spouse was married to the Member, retired Member or former Member for at least one (1) year prior to his death; and that the Member, retired Member or former Member had not made an optionai election under section 22.2-63 which was in full force and effect. The amount of the Pension shall be one-half of the retirement allowance or vested allowance to which the Member was entitled or would have been entitled had he retired at the time of death under the provisions of section 22.2-48, or under the provisions of section 22.2-47; provided, however, that if the surviving spouse is more than sixty (60) months younger than the Member, the benefit will be reduced by one- O-AMPENRET.2002.1 34 sixth (1/6) of one (1) percent for each full month in excess of sixty (60) months. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. Sec. 22.2.70. Nonoccupational death benefit. Upon the receipt of proof, satisfactory to the Board, of the death of a Member, not an occupational death as defined in section 22.2-71, there shall be paid to such person, if any, as the Member shall have nominated by written designation duly acknowledged and filed with the board otherwise to his estate: If he was in service at the time of his death and had one (1) or more years of creditable service, a lump sum benefit equal to fifty (50) percent of his Earnable Compensation during the year immediately preceding his death. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. Sec. 22.2-71. Occupational death benefit. If, upon the receipt of proof, satisfactory to the Board, of the death of a Member in service indicating that such death was the natural and proximate result of an accident, occurring while the Member was in the actual performance of his duty, the Board shall determine that the death was the result of an accident during the actual performance of duty occurring at some definite time and place, and not caused by willful negligenCe on the part of the Member, there shall be paid, in lieu of any benefit payable under the provisions of sections 22.2-70 and 22.2-71: A Pension of one-half of his Average Final Compensation payable to his spouse, if any, to continue until death; or if there is no spouse or the spouse dies before the youngest child of the deceased Member has attained age eighteen (18), then to his child or children under said age, if he leaves children, divided in such manner as the Board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age; or if he leaves no spouse or children under the age of eighteen (18) years living at his death, then to his dependent parent or parents, divided in such manner as the Board in its discretion shall determine to continue for life; provided, that if he leaves no such beneficiary living at his death, the amount which otherwise would have been paid as a nonoccupational death benefit shall be paid. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. ARTICLE Xl. MAXIMUM BENEFITS AND OTHER LIMITATIONS AND SPECIAL RULES. Sec. 22.2-72. Limitation on Earnable Compensation Taken into account. Notwithstanding the foregoing, Earnable Compensation taken into account for purposes of determining benefits under the City Plan shall be limited by the compensation limit O-AMPENRET.2002.1 35 pursuant to Section 401(a)(17) of the Internal Revenue Code of 1986, as amended. For purposes hereof, the compensation limit, for years beginning on or after July 1, 2001 is $200,000 (as adjusted in $5,000 increments from time to time by the adjustment factor described in Section 415 (d) of the Internal Revenue Code of 1986, as amended, on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation for periods beginning on or after July 1, 2001, the limit on creditable compensation applied to compensation attributable to periods prior to July 1, 2001 shall be $200,000. For purposes of applying the limitation applicable to each year, the limit for a plan year shall be the limitation in effect for the calendar year in which the plan year begins determined without increases in the limitation for subsequent years. Sec. 22.2-73. Limitation on annual benefits (a) Notwithstanding any other provisions of this Article, the annual benefit under the City Plan of any Member and any related death or other benefit, shall, if necessary, be reduced to the extent required by Section 415(b) of the Internal Revenue Code of 1986, as amended, as adjusted by the Secretary of the Treasury pursuant to Section 415(d) of the Internal Revenue Code of 1986, as amended. (b) Notwithstanding any other provisions of this article, for plan years beginning before January 1, 2000, if a Member participates in both the City Plan and a qualified defined contribution plan maintained by the city or any Participating Employer, the annual benefits under the City Plan and the annual additions to any qualified defined contribution plan maintained by the city shall not exceed the combined limit test described in Section 415(e) of the Internal Revenue Code of 1986, as amended. If necessary, the annual additions under the qualified defined contribution plan shall be reduced before benefits under City Plan are reduced in order to comply with such combined limit test. Sec. 22.2-74. Military Service Notwithstanding any provision of this Chapter to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended and the Uniformed Services Employment and Reemployment Rights Act of 1994. ARTICLE Xll. POLICE AND FIRE DEPARTMENT PENSION PLAN AS OF DECEMBER 31, 1945. Sec. 22.2-75. Pensions for members of police and fire departments as of December 31, 1945. Nothing in this Code or the ordinance adopting this Code shall affect the provisions of Chapter 2, Sections 1 through 9, of Title III of the Code of the City of Roanoke (1956), as derived from Ordinance Nos. 10457 and 10532, and amended by Ordinance Nos. 13889, 14053, 14550, 14632, 16595, 17858, 19043, 19578, 20387, 23025 and 23221, relating to retirement and pension benefits for members of the police and fire departments who were so employed on December 31, 1945, and such chapter and the O-AMPENRET.2002.1 36 ordinances mentioned herein are hereby recognized as continuing in full force and effect to the same extent as if fully set out at length in this Code. Effective January 1, 1984, the annual pension of each person subject to the provisions of this section shall be increased by that amount, if any, by which such person's pension calculated without reference to the three hundred dollars ($300.00) per month maximum established in Ordinance No. 20387 and Ordinance No. 23025 and without reference to the one hundred dollars ($100.00) per month maximum established in Ordinance No. 23025 exceeds such person's pension calculated as provided in the above-referenced ordinances. 22.1-82, of REPEALED. 3. Chapter 22.1, Pensions and Retirement, consisting of §§22.1-1 through the Code of the City of Roanoke (1979), as amended, is hereby Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4. This ordinance shall be in full force and effect on and after June 1,2002. ATTEST: City Clerk. O-AMPENRET.2002.1 37 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2824 Fax: (540) 853-2940 May 20,2002 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Jr., Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Subject: Restatement and Amendment of the City of Roanoke Pension Plan ("The Plan") Dear Mayor and Members of Council: Background: Internal Revenue Service Regulations (IRS) require that all qualified plans be amended to include revisions made to the Internal Revenue Code (IRC) over the past several years. Amended plans must be submitted for an updated IRS Determination Letter by June 30, 2002. The IRS Determination Letter provides a statement that the plan has been reviewed by the IRS and determined to be in compliance with all applicable IRC provisions governing qualified retirement plans. The Plan has evolved over the years to provide for the administration of three retirement systems: the original police and fire system; the Employees' Retirement System (ERS); and, the Employees' Supplemental Retirement System (ESRS), which amended and restated the ERS in 1984. Numerous amendments and additions have been made to Chapter 22.1 of the Code to incorporate various plan revisions through the years. The required IRS amendment has provided an opportunity to restate the Plan to improve its organization, as well as to increase both its ease of understanding and administration. Honorable Mayor and Members of City Council May 20, 2002 Page 2 Considerations: As outlined in the City Council briefing of May 6, 2002, the restated Chapter 22.2 addresses issues relative to the Plan's evolution into a multiple employer plan encompassing three retirement systems. It also provides significant administrative clarification and flexibility, is in compliance with all required IRS regulations, and includes no changes in benefits as existed prior to the Plan's amendment and restatement. The required IRS Determination Letter filing deadline is June 30, 2002. Recommended Action: We recommend City Council adopt the accompanying ordinance repealing Chapter 22.1, Pensions and Retirement and enacting new Chapter 22.2, Pensions and Retirement, such new chapter recodifying the City's pension systems. We would be pleased to answer any questions City Council may have. Respectfully submitted, City Manager Attachment C~ William Hackworth, City Attorney Mary Parker, City Clerk Jesse A. Hall Director of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk May 23, 2002 File #183-529 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35881-052002 authorizing the City Manager to execute a Notice of Use Limitation regarding a portion of City-owned property known Middle Lot of Public Works Service Center - Unit No. 2 located at 1802 Courtland Road, N. E., containing approximately 0.260 acres, and being a portion of Official Tax No. 3070316, upon certain terms and conditions as may be required by the Virginia Department of Environmental Quality. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, · Parker, CMC City Clerk MFP:mh Attachment C :MMyFileskBackup\wp { wp } .bk I Darlene L. Burcham May 23, 2002 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development George C. Snead, Jr., Assistant City Manager for Operations Maureen P. Castern, Acting Environmental Administrator Robert K. Bengtson, Director, Public Works C :LMyFileskBackup\wp {wp } .bkl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35881-052002. AN ORDINANCE authorizing the City Manager to execute a Notice of Use Limitation and any related and necessary documents regarding a portion of City owned property located at 1802 Courtland Road, N.E., containing approximately 0.260 acres, and being a portion of Official Tax Map No. 3070316, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, a Notice of Use Limitation and any related and necessary documents, in a form approved by the City Attorney, providing for a limitation on the use of a small portion of certain City owned property located at 1802 Courtland Road, N.E., containing approximately 0.260 acres, and being a portion of Official Tax Map No. 3070316, upon certain terms and conditions as may be required by the Virginia Department of Environmental Quality (VDEQ) and as set forth in the City Manager's Letter to Council dated May 20, 2002. 2. The City Manager is further authorized to take such further action, to include the recording of documents, and execute such other documents as may be necessary to obtain VDEQ approval for the closure plan for such property. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. N:\CAI-L-XMeasuresXNotice of Use Limitation 1802 Courtland.doc Office of the City Manager May 20,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Notice of Use Limitation for Waste Unit Number 2, Middle Lot, Public Works Service Center Background: The City of Roanoke has been working with the Virginia Department of Environmental Quality (VDEQ) to appropriately remediate the area of the Middle Lot at the Public Works Service Center in accordance with a Consent Order dated March 21, 2000. Two areas of the property, called Unit Number 1 and Unit Number 2, are under consideration. Unit Number 2 contains approximately 0.26 acres. In order to complete this work and obtain VDEQ closure of the site, the VDEQ has requested that the City of Roanoke limit the future uses of Unit Number 2 to industrial uses through a Notice of Use Limitation that will be recorded in the City of Roanoke Circuit Court Clerk's Office. Considerations: The restriction allows the use of Unit Number 2 for the construction and grading of a stadium/amphitheater and parking area. It also allows other uses which must meet the following requirements; that in the opinion of an independent Registered Professional Engineer and with the approval of the VDEQ, such other uses shall present no greater risk of harm to health, safety, public welfare or the environment than the stadium/amphitheater or parking area uses. Additional restrictions, which will require consultation with VDEQ, would apply if Unit Number 2 might be used for purposes other than those set forth above. However, uses that are listed as not allowed by the restriction are construction and occupancy of residences, playgrounds, childcare centers or public gardens. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us Honorable Mayor and Members of Council May 20, 2002 Page 2 Recommended Action: Authorize the City Manager to execute and record a Notice of Use Limitation and any related and necessary documents upon certain terms and conditions required by the VDEQ and to take such further action and execute such other documents as may be necessary to obtain VDEQ approval for the closure plan for such property. Darlene L. Burcham City Manager DLB:mpc C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager George C. Snead, Assistant City Manager Maureen P. Castern, Acting Environmental Administrator #CM02-00099 TAX MAP NO. 3070316 NOTICE OF USE LIMITATION § 10.6.B., VHWMR 9 VAC 20-60-264 Hazardous Waste Site Name: Middle Lot of Public Works Service Center - Unit No. 2 I.D. No: VAD 123725350 This Notice of Use Limitation ("Notice") is made as of the day of ,2002, by the City of Roanoke, a Virginia municipal corporation ( "Owner" or "Grantor" or "Grantee"). WITNESSETH: WHEREAS, the City of Roanoke, Virginia, is the owner in fee simple of a certain parcel of real estate within the City of Roanoke, Virginia, with the buildings and improvements thereon, referred to as the Public Works Service Center, Tax Map No. 3070316, located at 1802 Courtland Road, N.E., Roanoke, Virginia 24012 (hereafter "the Property"); WHEREAS, a portion of the Property is more specifically subject to this Notice of Use Limitation. This portion of the Property is more particularly bounded and described as follows: BEGINNING at an existing iron pin, said point being a comer to the lands of the City of Roanoke, Tax Parcel #3070316 and also being on the westerly property line of the property of Calvin W. & Mary C. Powers and Theodore J. & Judy P. Sutton; thence with said property line S 04036'00" W 225.93 feet; to the southeasterly comer of the aforesaid City property and on the northerly line of the property of the City of Roanoke, Tax Parcel #3070501; thence with said properties S 83035'00" W 269.00 feet; to the southerly comer of Tax Parcel #3070316, said point also being a comer to the property of Robert R. Young; thence with said Young's property line N 70020'00" W 361.30 feet; to the southwesterly comer of Tax Parcel #3070316, said point also being the southeasterly comer of the property of the City of Roanoke, Tax Parcels #3070301 through #3070315; thence with said properties of the City of Roanoke N 23002'00" W 295.10 feet; to the westerly comer of Tax Parcel #3070316; thence leaving the outside boundary of Tax Parcel #3070316 and with a tie line S 89°41 '46" E 71.39 feet; to the Tree Point of Beginning having a Virginia South Zone State Plane Grid NAD 83 value of Northing: 3630555.32376, Easting: 11064693.01545, Elevation of 969.97 NGVD 29, said point being on the westerly line of the existing Unit No. 2 and also being N 78023'46" W 683.71(Deed Meridian) N 79005'59" W (Va. State Plane) feet from the Point of Beginning and; thence with said Unit No. 2 in a clockwise direction the following thirty-four courses; thence N 09005'37TM E 9.05 feet; thence N 35°07'31TM E 8.74 feet; thence N RKE# 0741365.WPD C/M: 077826-00014-01 1 49056'35'' E 7.45 feet; thence N 52027'40'' E 11.71 feet; thence N 54006'23'' E 14.60 feet; thence N 54010'32" E 16.25 feet; thence N 47028'23" E 17.54 feet; thence N 48°10'54" E 16.15 feet; thence N 64°11'55" E 9.17 feet; thence N 78°03'57" E 17.57 feet; thence N 88°36'10" E 14.82 feet; thence S 77°25'28" E 10.90 feet; thence S 60°12'23'' E 8.44 feet; thence S 36034'37" E 5.64 feet; thence S 11°04'10'' E 7.58 feet; thence S 09°43'04'' W 8.42 feet; thence S 20048'53" W 14.57 feet; thence S 23040'26" W 12.30 feet; thence S 25030'57" W 13.24 feet; thence S 25032'29" W 14.51 feet; thence S 23°26'21" W 14.00 feet; thence S 23°31'44'' W 13.48 feet; thence S 37°04'37'' W 10.16 feet; thence S 57°15'14" W 13.51 feet; thence S 72°09'09'' W 17.01 feet; thence S 84003'36" W 19.33 feet; thence N 89°54'36" W 11.90 feet; thence N 89°52'00" W 13.10 feet; thence S 84°14'14" W 15.05 feet; thence N 66°37'10" W 3.70 feet; thence N 16°02'49" W 3.28 feet; thence N 02°15'23'' W 19.77 feet; thence N 04048'02" W 16.69 feet; thence N 04°25'17" W 8.39 feet; to the True Point of BEGINNING and containing 0.260 acres as more particularly shown on survey entitled "Plat Showing Exhibit A- l Unit No. 2" prepared by Lumsden Associates, P.C., dated 25 March 2002. This parcel is further shown in a plat dated March 25, 2002, and marked as Exhibit A-1, attached hereto and made a part hereof and also recorded in Map Book 1, page. , in the Office of the Clerk of the Circuit Court of the City of Roanoke. Such portion as shown on the plat is marked as Unit No. 2 and Exhibit A-1 will be recorded in the above Clerk's Office with this Notice and such portion will be referred to herein as Unit No. 2; WHEREAS, Unit No. 2 comprises part of a disposal site as the result of a release of hazardous waste. Exhibit A-1 is a sketch Plan showing the relationship of Unit No. 2 subject to this Notice of Use Limitation to the boundaries of the property; and WHEREAS, one or more response actions have been selected for Unit No. 2 in accordance with closure performance standards of § 10.6.B., of Virginia Hazardous Waste Management Regulations (VHWMR) and 9 VAC20-60-264. Such response actions are based upon (a) the restriction of human access to and contact with hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over or under Unit No. 2. NOW, THEREFORE, notice is hereby given that the use limitations for Unit No. 2 are set forth as follows: 1. Permitted Activities and Uses Set Forth in the Use Limitation. The use limitation provides that a condition of No Significant Risk to health, safety, public welfare or the environment (such condition being defined in the Closure Plan) exists for any foreseeable period of time so long as any of the following activities and uses and related work connected therewith occur on Unit No. 2: RKE# 0741365.WPD C/M: 077826-00014-01 2 A. Construction, including grading, for a parking area for private and City owned vehicles; B. Construction of a stadium/amphitheater complex; and C. Such other uses, which in the opinion of an independent Registered Professional Engineer retained by the City, with the approval of the Virginia Department of Environmental Quality (VDEQ), shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this paragraph. 2. Uses Inconsistent with the Notification. Uses which are inconsistent with the notification, and which, if implemented at Unit No. 2, may result in a significant risk of harm to health, safety, public welfare or the environment, are as follows: B. C. D. Construction and occupancy of residential dwellings; Playgrounds for children; Childcare center; and Public garden space. 3. Obligations and Conditions Set Forth in the Notification. If applicable, obligations and/or conditions to be undertaken and/or maintained at Unit No. 2, other than as set forth in 1 above, to maintain a condition of No Significant Risk as set forth in the notification shall include the following: mo No construction in Unit No. 2 shall be undertaken without consultation with the Department of Environmental Quality; All soil removed from within the boundaries of Unit No. 2 shall be tested and treated as hazardous waste and disposed of as such if found to contain hazardous waste constituents; and All workers involved in disturbing soils from Unit No. 2 shall be properly trained and provided with proper personal protective equipment. 4. Proposed Changes in Uses. Any activities and uses at Unit No. 2 other than as set forth in 1 above, which may result in higher levels of exposure to hazardous material than currently exist shall be evaluated by a Registered Professional Engineer or Department of Environmental Quality representative, who shall render an opinion, in accordance with § 10.6. of VHWMR and 9 VAC20-60-264, as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Notice to ensure a condition of No Significant Risk in the implementation of the proposed activity or use shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment due to exposure to hazardous RKE# 0741365.WPD C/M: 077826-00014-01 3 material without the prior evaluation of DEQ, and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by DEQ in accordance with § 10.6. of the VHWMR and 9 VAC 20-60- 264 the owner or operator of Unit No. 2 subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in § 10.6. of VHWMR and 9 VAC 20-60-264. 6. Incor. Eoration into Deeds Mort a es Leases and Instmrnents of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use Unit No. 2 thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice to become effective when executed and sealed by the undersigned Professional Engineer, and recorded in the Office of the Clerk of the Circuit Court for the City of Roanoke. WITNESS the execution hereof under seal this ~day of ,2002. ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE, VIRGINIA By: Darlene L. Burcham, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ~ day of , 2002, by Darlene L. Burcham, City Manager of the City of Roanoke, Virginia, on behalf of said municipal corporation. My commission expires: Notary Public RKE# 0741365.WPD C/M: 077826-00014-01 4 Approved as to Form: Approved as to Execution: City Attomey City Attomey The undersigned Professional Engineer hereby certifies that he/she executed the aforesaid Notice of Use Limitation and that in his/her Opinion this Notice of Use Limitation is consistent with the Department of Environmental Quality performance standards for restricted use of Unit No. 2, and § 10.6., of VHWMR. Date: [SEAL] COMMONWEALTH OF VIRGINIA of , to-wit: foregoing to be , then personally appeared and acknowledged the free act and deed before me. My commission expires: Notary Public RKE# 0741365.WPD C/M: 077826-00014-01 5 CITY OF RO,4NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #20-24-289 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35882-052002 amending and reordaining subsection (e) of §20-33.1, Same-Requirements; obtaining license plate, tag or decal ;, condition precedent to discharge of violation, Code of the City of Roanoke (1979), as amended, to provide for the increase of certain penalties for decal violations within the City of Roanoke, effective July 1,2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment C :hMyFiles~Backup\wp { wp } .bk 1 Darlene L. Burcham May 23, 2002 Page 2 pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert Pi Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable David C. Anderson, City Treasurer Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance Dana D. Long, Manager, Billings and Collections Deborah J. Moses, Parking Coordinator, Economic Development George C. Snead, Jr., Assistant City Manager for Operations A. L. Gaskins, Chief of Police Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) C :kMyFileskBackup\wp { wp }.bk I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35882-052002. AN ORDINANCE amending and reordaining subsection (e) of §20-33.1, Same- Requirements; obtaining license plate, tag or decal a condition precedent to discharge ofviolafio., of Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for decal violations within the City of Roanoke; and providing an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following sections: §20-33.1. Same-Re uirements' obtalnin license late ta or decal a condition recedent to .discharge of violation (e) If this penalty is not paid within ten (10) days of the issuance by an officer of a notice of violation, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such a notice is sent may pay such penalty of fif~-eight dollars ($58.00) and present satisfactory evidence that the required license plate, tag or decal has been obtained within five (5) days of receipt of such notice. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. 2. The Fee Compendium of the City maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1, 2002. ATTEST: City Clerk. Office of the Cih/Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Late Payment Penalty for Decal Violations Background: On May 13th, 2002, City Council approved an increase in the late payment penalty for certain parking tickets from $10 to $15. The late payment penalty is added to violations paid 10 days or more after issuance of the notice of violation. The Department of Billings and Collections recommended the increase from $10 to $15 for all late payment penalties. A late payment penalty is also charged for late payments of decal violations. The current fee for decal violations is $43 with a fee of $53 imposed if payment is not made within ten days of the issuance of notice of violation. Considerations: The late payment penalties should be consistent for all late payments. After further review, it was noted that the decal violation late payment penalty had not been increased from $10 to $15. To make the late payment penalties consistent, the decal violation fee would be $58 rather than $53 if payment is not made within ten days. Recommended Action: City Council approve the attached ordinances amending City Code section 30- 33.1 to reflect the changes in the late payment penalty as referenced above. Room 364 MuniciPal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333. CityWeb:www. ci.roanoke.va.us FAX (540) 853-1138 Respectfully submitted, Darlene L. Burcham City Manager DLB:afs C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM02-00105 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-153 6 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va, us May 23, 2002 File #60-467 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Sherman Lea, Chair Roanoke City School Board 1638 Lonna Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Lea: I am enclosing copy of Ordinance No. 35883-052002 amending and reordaining certain sections of the 2001-02 General, School and School Food Services Funds Appropriations, providing for appropriation of funds to the following school accounts: $752,295.00 - Capital Maintenance and Equipment Replacement Fund; $199,191.00 Fleming-Ruffner Community Learning Center; $5,400.00 Statewide Compulsory Attendance Law Workshop; and $163,671.00 - Title I Summer Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Management and Budget C :LMyFilesXBackup\wp { wp I .bk 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35883-052002. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, School, and School Food Services Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, School, and School Food Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General____Fund Appi'ooriations Nondepartmental Transfer to School Fund (1) .................................. Fund Balance $ 72,358,399 46,697,617 Reserved for CMERP - Schools (2) .............................. $ School Fund -0- Appropriations Education Title I Summer (3-11) ...................................... Fleming Ruffner Community Learning Center (12-22) ............. Juvenile Detention Home 2001-02 (23-27) ...................... Regional Adult Education Specialist 2001-02 (28) ................ Adult Basic Education 2001-02 (29-30) ........................ Regional Adult Literacy TAP 2002 (31) ......................... $131,812,622 163,671 199,191 312,391 4,000 199,275 190,737. Regional ABE 2001-02 (32-33) .............................. $ Statewide Compulsatory (34-35) ............................. Adolescent Health Partnership 2001-02 (36-37) ................. Facilities (38-43) .......................................... Revenues Education Title I Summer (44) ....................................... Fleming Ruffner Community Learning Center (45) ............... Juvenile Detention Home 200'1-02 (46) ........................ Regional Adult Education Specialist 2001-02 (47) ............... Adult Basic Education 2001-02 (48) .......................... Regional Adult Literacy TAP 2002 (49) ........... . ............. Regional ABE 2001-02 (50) ................................ Statewide Compulsatory (51) ............................... Adolescent Health Partnership 2001-02 (52) .................... Nonoperating Transfer from General Fund (53) ............................. School Food Services Fund Appropriations Education $ Facilities (54) ............................................ Fund Balance Fund Balance - Unappropriated (55) ............................ $ 1 ) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Comp of Elementary Teachers 4) Comp of Guidance Counselors 5) Teacher Aides 6) Social Security 7) Indirect Costs 8) Field Trips 9) Educ & Recreational Supplies (001-250-9310-9530) $ 683,055 (001-3324) (683,055) (030-062-6193-6449-0121) (030-062-6193-6449-0123) (030-062-6193-6449-0141) (030-062-6193-6449-0201) (030-062-6193-6449-0212) (030-062-6193-6449-0583) (030-062-6193-6449-0614) 76,189 11,890 6,704 7,251 37,718 3,000 3,000 51,869 5,400 166,771 2,314,105 $128,997,480 163 671 199 191 312 391 4 000 199 275 190 737 51 869 5 400 166 771 $ 46,897,617 46,697,617 4,632,227 86,218 -0- 10) Comp of Nurses 11 ) Social Security 12) Comp of Teachers 13) Comp of Teacher Aides 14) Social Security 15) State Retirement 16) Health Insurance 17) State Group Life Insurance 18) Indirect Costs 19) Contracted Services 20) Tuition - In State 21 ) Conventions/ Education 22) Educ & Recreational Supplies 23) Comp of Principals 24) Comp of Other Professionals 25) Social Secudty 26) State Retirement 27) Health Insurance 28) Contracted Services 29) Comp of Teachers 30) Social Security 31 ) Contracted Services 32) Other Professional Services 33) Other Professional Services 34) Contracted Services 35) Educ & Recreational Supplies 36) Comp of Nurses 37) Social Security 38) ADDT - Machinery and Equipment 39) ADDT - Machinery & Equipment 40) REPL - Machinery & Equipment 41) Replacement of School Buses (030-062-6193-6549-0131) (030-062-6193-6549-0201) (030-062-6328-6100-0121) (030-062-6328-6100-0141) (030-062-6328-6100-0201) (030-062-6328-6100-0202) (030-062-6328-6100-0204) (030-062-6328-6100-0205) (030-062-6328-6100-0212) (030-062-6328-6100-0313) (030-062-6328-6100-0382) (030-062-6328-6100-0554) (030-062-6328-6100-0614) (030-062-6574-6554-0126) (030-062-6574-6554-0138) (030-062-6574-6554-0201 ) (030-062-6574-6554-0202) (030-062-6574-6554-0204) (030-062-6730-6343-0332) (030-062-6739-6450-0121 ) (030-062-6739-6450-0201 ) (030-062-6744-6550-0313) (030-062-6747-6451-0313) (030-062-6747-6451-0313) (030-063-6838-6315-0332) (030-063-6838-6315-0614) (030-064-6827-6672-0131) (030-064-6827-6672-0201) (030-060-6006-6681-0821) (030-065-6006-6307-0821) (030-065-6006-6318-0801) (030-065-6006-6676-0808) $16,646 1,273 40,800 82,607 15,013 4,047 3,690 326 3,115 23,023 5,565 2,005 19,000 64,805 11,407 4,958 5,503 3,327 4,0OO 33,136 2,535 40,639 14,962 1,685 1,500 3,900 7,153 547 10,000 48,000 250,000 95,555 42) ADDT - Motor Vehicle & Equipment 43) Buildings 44) Federal Grant Receipts 45) Federal Grant Receipts 46) State Grant Receipts 47) Fees 48) Federal Grant Receipts 49) Federal Grant Receipts 50) Federal Grant Receipts 51) Federal Grant Receipts 52) Fees 53) Transfer from General Fund 54) ADDT - Machinery & Equipment 55) Fund Balance - Unappropriated (030-065-6006-6682-0824) (030-065-6006-6896-0851) (030-062-6193-1102) (030-062-6328-1102) (030-062-6574-1100) (030-062-6743-1103) (030-062-6739-1102) (030-062-6744-1102) (030-062-6747-1102) (030-063-6838-1102) (030-060-6827-1103) ( 030-060-6000-1037) (032-065-6006-6788-0821 ) (032-3325) 39,500 240,000 163,671 199,191 90,000 4,000 35,671 40,639 16,647 5,400 7,700 683,055 69,240 ( 69,240) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 1 Sherman P. Lea, Chairman Ruth C. Willson, Vice Chairman Charles W. Day /,.Roanoke City School Board P.O. Box 314s, nonnoke, Virginia 24031 Marsha W. Ellison Gloria P. Manns Melinda J. Payne Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · 540-853-2381 · Fax: 540-853-2951 May 20, 2002 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 240:~1 Dear Members of Council: The School Board respectfully requests City Council to withhold action on the following appropriations: $6,395,000.00 for improvements to Roanoke Academy for Mathematics and Science. The improvements are funded with 1999 Bond funds, a Literary Fund loan, and City capital funds. $1,276,260.00 for improvements to Roanoke Academy for Mathematics and Science. Funding is being provided by Qualified Zone Academy Bond (QZAB) funds and will be used to purchase furniture and equipment for the facility. The appropriation request will be resubmitted when the land swap for the Kennedy Park property is formally approved by the federal government. Thank you for your attention to this request. Sincerely, Cindy H. Lee, Clerk re cc: Mr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver Preparing Students for Success .~~ Sherman P. Lea, Chairman Marsha W. Ellison Ruth C. Willson, Vice Chairman Gloria P. Manns Charles W. Day Melinda J. Payne //.Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board May 20, 2002 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011_ Dear Members of Council: As the result of official School Board action at its May 14 meeting, the Board respectfully requests City Council to approve the following appropriations: · $752,295.00 from the Capital Maintenance and Equipment Replacement Fund. The monies will be used for the replacement of obsolete instructional technology equipment, Magnet School technology equipment, the replacement of school buses, the replacement of facility maintenance equipment, the replacement of School Plants vehicles, the construction of the Blue Ridge Technical Academy Bio-Medical laboratory, and the replacement of food services equipment at various schools. · $1_99,191-.00 for the Fleming-Ruffner Community Learning Center. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This continuing program will be one hundred percent reimbursed by federal funds. · $5,400.00 for the Statewide Compulsory Attendance Law Workshop. This new grant is funded with federal funds. · $6,395,000.00 for improvements to Roanoke Academy for Mathematics and Science. The improvements are funded with 1-999 Bond funds, a Literary Fund loan, and City capital funds. · $1-,276,260.00 for improvements to Roanoke Academy for Mathematics and Science. Funding is being provided by Qualified Zone Academy Bond (QZAB) funds and will be used to purchase furniture and equipment for the facility. · $163,671_.00 for the Title ! Summer program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. This continuing program will be one hundred percent reimbursed by federal funds. Preparing Students for Success Members of Council Page 2 May 20, 2002 · $7,700.00 for the Roanoke Adolescent Health Partnership to provide for medical services to the Schools in conjunction with the City of Roanoke Health Department and Carillon Health Systems. This continuing program will be reimbursed by donations from Carillon Health Services and various grants. · $90,000.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the six educational coordinators and the principal position. This continuing program will be one hundred percent reimbursed by State funds. · $35,671.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. This continuing program will be reimbursed by federal funds. Matching funds have been provided in the amount of $22,700.00. · $4,000.00 for the Regional Education Specialist program to provide ancillary and support services for the Adult Literacy and Basic Education program in the planning district. This continuing program is funded with member fees. · $40,639.00 for the Regional Adult Literacy program to provide funds for the administration of adult literacy programs. This continuing program is funded with federal funds. · $16,647.00 for the Regional Adult Basic Education program to provide funds for the administration of adult literacy programs. This continuing program is funded with federal funds. The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re cc: Mr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver (with accounting details) "1 Sherman P. Lea, Chairman Marsha W. Ellison Ruth C. Willson, Vice Chairman Gloria P. Manns Charles W. Day Melinda J. Payne Roanoke fCiry School Board P.O. Box 13145, Roanoke, Virginia 24031 540-853-2381 Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 May 20, 2002 Mrs. Mary F. Parker, CMC/AAE City Clerk City of Roanoke Roanoke, VA 24011 Dear Mrs. Parker: The attached revised School Board request should be included on City Council's May 20 agenda. Should there be a change to this request, you will be notified on Wednesday, May 15. Thank you for your attention to this matter. Since. rely,~ Cindy H. Lee, Clerk re CC: Mrs. Ann H. Shawver Preparing Students for Success CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 May 20, 2002 The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request from the School Board to appropriate the following: $752,295.00 from the Capital Maintenance and Equipment Replacement Program funding will be used for the replacement of obsolete instructional technology equipment, Magnet School technology equipment, the replacement of school buses, the replacement of facility maintenance equipment, the replacement of School Plants vehicles, the construction of the Blue Ridge Technical Academy Bio-Medical laboratory, and the replacement of food services equipment at various schools. $199,191.00 for the Fleming-Ruffner Community Learning Center. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This continuing program will be one hundred percent reimbursed by federal funds. $5,400.00 for the Statewide Compulsory Attendance Law Workshop. This new grant is funded with federal funds. $163,671.00 for the Title I Summer program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. This continuing program will be one hundred percent reimbursed by federal funds. $7,700.00 for the Roanoke Adolescent Health Partnership to provide for medical services to the Schools in conjunction with the City of Roanoke Health Department and Carilion Health Systems. This continuing program will be reimbursed by donations from Carilion Health Services and various grants. $90,000.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the six educational coordinators and the principal position. This continuing program will be one hundred percent reimbursed by State funds. Members of Council Page 2 May 20, 2002 $35,671.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. This continuing program will be reimbursed by federal funds. Matching funds have been provided in the amount of $22,700.00. $4,000.00 for the Regional Education Specialist program to provide ancillary and support services for the Adult Literacy and Basic Education program in the planning district. This continuing program is funded with member fees. $40,639.00 for the Regional Adult Literacy program to provide funds for the administration of adult literacy programs. This continuing program is funded with federal funds. $16,647.00 for the Regional Adult Basic Education program to provide funds for the administration of adult literacy programs. This continuing program is funded with federal funds. We recommend that you concur with this request of the School Board. Sincerely, Jesse A. Hall Director of Finance JAH/s Attachment C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk May 23, 2002 File #200-277 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35884-052002 amending Vision 2001-2020, the City's adopted Comprehensive Plan, to include the Outlook Roanoke Update as an element of the Comprehensive Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, City Clerk MFP:mh Attachment C :hMyFiles~Backup\wp {wp } .bk I Darlene L. Burcham May 23, 2002 Page 2 pc: David A. Diaz, President, Downtown Roanoke, Inc., 213 Market Street, Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission C NVlyFiles~Backup\wp {wp } .bkl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35884-052002. A RESOLUTION amending Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update as an element of the comprehensive plan. WHEREAS, in 1997, the City of Roanoke, Downtown Roanoke, Inc., and the Roanoke Development and Housing Authority collaborated to develop Outlook Roanoke, a development plan for downtown Roanoke; WHEREAS, in the last several years, downtown Roanoke has experienced several development projects, and more are planned; WHEREAS, the City of Roanoke has recently adopted Vison 2001-2020, the City's comprehensive plan, and neighborhood plans for neighborhoods adjacent to downtown Roanoke; WHEREAS, the future development projects and the various plans relating to the neighborhoods in the vicinity of downtown Roanoke need to be coordinated for the appropriate development and growth of the City of Roanoke; WHEREAS, Downtown Roanoke, Inc., retained an architectural and planning firm to develop Outlook Roanoke Update, an updated development plan for downtown Roanoke; WHEREAS, Outlook Roanoke Update resulted from the efforts of a committee and subcommittee, consisting of downtown business persons, neighborhood leaders and City Staff; and H:\RESOLUTIONS\RES FOR COUNCIL-OUTLOOKROANOKEUPDATE.WPD WHEREAS, Outlook Roanoke Update recommends that certain infrastructure changes be made which are designed to encourage an easier flow of traffic within the downtown area and between downtown and adjacent neighborhoods and other areas; and WHEREAS, the Planning Commission has recommended, after public notice and public hearing, that Vision 2001,-2020, the City's adopted comprehensive plan, be amended to include Outlook Roanoke Update as an element thereof; NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke that Vision 2001-2020., the City's adopted comprehensive plan, be amended to include Outlook Roanoke Update as an element thereof. ATTEST: City Clerk. H:\RESOLUTIONS\RES FOR COUNCIL-OUTLOOKROANOKEUPDATE.WPD Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Amendment to Comprehensive Plan to include Outlook Roanoke Plan The above referenced matter was heard on February 19, 2002, and tabled. I would like to request that this matter be brought back before Council at its regular meeting on Monday, May 20, 2002. Respectfully submitted, City Manager c: City Attorney Director of Finance City Clerk Room 364 Municipal South 2~5 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke,va .us Roanoke City Department of Planning Building and Development Room !66, MunicilDal Bui!ding 215 Church Aven~,;e. Roanoke, Virginia 240!~ (540) 853-1730 IFa×) 853 ~ 230 Email: Iolanning@ci roanoke va us February 19, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Adoption of Outlook Roanoke Update as the downtown element of the Vision 2001-2020 Comprehensive Plan Planning Commission Action: On January 23, 2002, the Planning Commission held a public hearing on the above plan. Several persons spoke in favor of the adoption; no one spoke in opposition to the plan. Subsequently, by a vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Hill, Manetta and Rife voting in favor; Mr. Dowe absent), the Planning Commission adopted a resolution recommending amendment of Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update, as an element of the plan. Background In 1997, the City of Roanoke, Downtown Roanoke, Inc., and the Roanoke Redevelopment and Housing Authority collaborated to develop Outlook Roanoke, a plan for downtown Roanoke. Several initiatives identified in Outlook Roanoke have been realized (e.g., the Higher Education Center, the rail walk, and the improvements on Williamson Road and the Second Street Bridge). Over the past couple of years, downtown has experienced several development projects, and more are planned. Some of these projects included establishment of the South Jefferson Redevelopment Area, pursuance of an IMAX theatre, improvements to Roanoke Passenger Station for the arts, potential development adjacent to Jefferson Center, improvements to the Main Library, construction of the Linear Rail Walk, improvements to Henry Street, and completion of a Higher Education Center. In addition, two key planning activities influenced downtown: Vision 2001-2020 Comprehensive Plan and neighborhood plans for neighborhoods adjacent to the downtown (e.g., Gainsboro, Old Southwest, Belmont/Fallon). The need to coordinate 1 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals these projects and plans resulted in the development of the Outlook Roanoke Update (downtown plan). In August 2000, Urban Design Associates (UDA), an architecture and planning firm, was hired by Downtown Roanoke Inc. to facilitate a planning process and prepare an update for downtown development. UDA sub-contracted with Hill Studio, P.C., Nottingham and Associates, Inc., and ZimmermanJolk Associates, Inc. to prepare the plan. A steering committee consisting of citizens, downtown business persons, neighborhood leaders and City staff was created to oversee the development of the downtown plan. Several sub-committees were also created to address specific issues regarding the downtown area (e.g., housing, parking and transportation, technology, entertainment, the Main Library and the Jefferson Center). In November 2000, neighborhood meetings also were held in Old Southwest, Belmont/Fallon and Gainsboro to discuss coordination between the downtown plan and the neighborhood plans. In February 2001, a public meeting was held at the Higher Education Center to discuss downtown issues. The results of that meeting are summarized in the section of the downtown plan entitled, Planning Process: Good Things/Bad Things. In September 2001, a joint meeting of the Planning Commission and the City Council was held to present the recommendations of the Outlook Roanoke Update and provide opportunities for further discussion. Considerations The purpose of the downtown plan is to provide a framework for prioritizing and coordinating the development projects and planning activities in the downtown area. The plan identified several priorities that are categorized into five initiative areas and opportunities: 1. Elmwood Park Initiative (park enhancement, library alternatives, new development opportunities) 2. Church Avenue Initiative (Jefferson & Church development opportunities, Williamson & Church development opportunities, Church Avenue development opportunities) 3. E-Town Initiative (Warehouse Row, Campbell Avenue, and other development opportunities) 4. Market Initiative (City Market area development opportunities) 5. Jefferson Center Initiative (Jefferson Center area development opportunities) The plan recommends implementation of these development initiatives when two or more individual components are ready to move forward. 2 The plan also identifies market strategies for economic development, residential development and retail/entertainment. 1. The economic development strategy recommends marketing the variety of amenities in the downtown. 2. The residential strategy recommends the targeting of market-rate housing in the downtown through adaptive re-use of existing buildings and new construction. 3. The retail/entertainment strategy encourages the expansion of specialty retail and dining opportunities. The downtown plan further recommends infrastructure and designed to encourage connectivity within the downtown and neighborhoods as well as the region (e.g., greenways). traffic improvements beyond to adjacent Vision 2001-2020 Comprehensive Plan recommends that the City adopt neighborhood plans for all neighborhoods. The downtown is considered one of the City's neighborhoods. Recommendation: The Planning Commission recommends that City Council amend Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update, as an element of that plan. CC; Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 3 IN THE PLA~.~ING COMMISSION FOR THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION recommending amendment of Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update. WHEREAS, in 1997, the City of Roanoke, Downtown Roanoke, Inc., and the Roanoke Development and Housing Authority collaborated to develop Outlook Roanoke, a development plan for downtown Roanoke; WHEREAS, in the last several years, downtown Roanoke has experienced several development projects, and more are planned; WHEREAS, the City of Roanoke has recently adopted Vison 2001-2020, the City' s comprehensive plan, and neighborhood plans for neighborhoods adjacent to downtown Roanoke; WHEREAS, the future development projects and the various plans relating to the neighborhoods in the vicinity of downtown Roanoke need to be coordinated for the appropriate development and growth of the City of Roanoke; WHEREAS, Downtown Roanoke, Inc., retained an architectural and planning firm to develop Outlook Roanoke Update, an updated development plan for downtown Roanoke; WHEREAS, Outlook Roanoke Update resulted from the efforts of a committee and subcommittee, consisting of downtown business persons, neighborhood leaders and City Staff; N :~:2A. PS~.SO LUTIONS'dt.-OufiookRoanoke Updat¢'wl~ WHEREAS, Outlook Roanoke Update recommends that certain infrastmcrure changes be made which are designed to encourage an easier flow of traffic within the downtown area and between downtown and adjacent neighborhoods and other areas; and WHEREAS, this Commission finds that Vision 2001-2020, the City's adopted comprehensive plan, should be amended to include Outlook Roanoke Update. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission for the City of Roanoke that the Planning Commission recommend~ that City Council amend Vision 2001-2020., the City's adopted comprehensive plan, to include Outlook Roanoke Update as an element thereof. Adopted this 23rd day of January, 2002. ATTEST: By secretary, ~oanoge c~=y w£anning co~ssion N 5CAPS',RESO LUTION SXR-OutlookRoanokcUpdat¢'wpd Ha~ 15 02 03:~2p Oomntomn Roanoke Inc. (540)34~-1~52 p. 1 Downtown Roanoke Inc. 213 Market Street · Roanoke, VA 24011 · 540,342,2028 · FAX 344o1452 www. downtownroanoke, org · e-maih dri@downtownroanoke,org EXECUTIVE COMMITTEE DON J. HARRISON First Union N~tior~l Bank Chair M. HELEN BUTLER Carliiofl Health ~yslems Chair-Elect MARYELLEN F, GOODLATTE Glenn Feldmann Dacby & Goodlatle Immediate Pest-Chair MICHAEL E. WARNER N & W Properties Secmla~J STEPHEN W. LEMON Martin Hopkins & Lem~n, PC Treasurer & Vios-Cha~r MICHAEL T. DI'n'RICH Pepsi Bottling Company Vice-Chair G, LOGAN FORSYTH Chas. Luns~ord Sons & ASS ,o,clates Vice-Chair ROBERT H. FETZER Building Specialists, Inc, vice-Chair SARRENE'RLEV~NS Creative Ink Promotions At-Large VICTOR O. CARDWELL Woods Re,getS & Hazlegrove At-L~rge R. MATTHEW KENNELL President DIRECTORS ROBERT K. BENGTSON City of Roanoke MICHAEL J. BRUNETTE NewsChannel 10 0NSLS-TV) CYNTHIA S. CASSELL TwiSt & Turns DR, DENNIS FISHER Carillon Bio. MediCal Institute ELLIS L, GUT~HALL Valley Bank TERRY HALL American Electric Power SONZ HART Meridiurn. Inc. JAMES N. HINSON First Virginia Benk-Southwesl CAROLE J. HUGHES La De Ds, thc, F. GEOFFREY JENNINQS Frank L Moose Jeweler SUSAN W, JENNINGS The Arts Council of the Blue Ridge £ ALLAN POLLARD, II Corned Beef & Company KENNETH RATTENBURY Fret Mill Musio Cocnpany MICHAEL R RIELEY Verizon MANJIT S. TOOR Sharertz Franklin C~awlord Shaffner, Inc. DENNIS TRAUBERT First Ci~ans Bank WILLIAM F. TRINKLE Francis Realtors GARY D. WALTON Hotel Roanoka & Conlarence Center MARK W. Woods Farms WILLIAM H. CARDER Roanoke City Council Uatson May 15, 2002 Members of Roanoke City Council Noel C. Taylor Municipal Building City Clerk's Office 215 Church Avenue Roanoke, VA 24011 Dear City Council: On behalf of Downtown Roanoke Incorporated (DRI), ! strongly support City Council's adoption of the Outlook Roanoke Update, dated September 2001. As you recall, the City Planning Commission voted unanimously in favor of the Outlook Update earlier this year. The DRI Board mailed a letter to the Planning Commission expressing its support of the Outlook Update on January 11, 2002 (see attached letter). On May 14, 2002, the DRI Board met and voted on the plan once again to reaffirm its support of the plan. The Board's vote was unanimous in its support for recommending to Council to vote in favor of adoption of the plan. I look forward to working with the City as a partner in implementing this plan, which I feel sets forth a bold and exciting vision for the future of Roanoke's Downtown. Please call me at 342-2028 if you have any questions. Sincerely, David A. Diaz President CC: Darlene Burcham, City Manager Don Harrison, Chairman Grealer Roanoke Region May 15 02 03:42p Domntomn Roanoke Inc. (540)344-1452 p.2 Downtown Roanoke Inc. 213 Market Sb'eet · Roanoke, VA 2401! · 540.342.2028. FAX 344.1452 www. downtownroanoke, org · e-mail: drl~)downtownroanoke, org EXECUTIVE COMMITTEE DON J. HARRISON Flint Union Ne, tior~l Bank Chair M. HELEN aUTLER Cefilon Heelth System~ Chair-Elect MARYELLEN F, OOODLATTE Glenn FeMmarm Oalby & Goodletle ImmKllate Past-Chair MICHAEL E. WARNER N & W Properties Secretary STEPHEN W, LEMON Mertin Hopkins & Lemon, PC Treasurer & Vice-Chair MICHAEL T. DITTRICH Pepsi Bottling Com~nv Vice-C2nair G. LOGAN FORSY13'I Cha~. Lunaford Sons & Asec~atea Vioa-Chak ROBERT N. FETZER Building Speci~is~s, Inc. Vice-Chair SABRENE'ELEVINB Creative Ink Promotions At-Large VICTOR O. CARDWELL Woods Rqgers & Haz~egrove At-Large R. MATTHEW KENNELL President DIRECTORS ROBERT K. BENGTSON City of Roanoke MICHAEL J. BRUNETTE New$Chsnne( 10 (WSLS-TV) CYNTHIA So CA$SELL Twist & Tums DR. DENNIS FISHER Canlion Bio-Medic, al Institute ELLIS L GUTSHALL Valley Bank TERRY HALL Amedoan Electric Power BONZ HART Meddlum, Inc. JAMES N. NIN~ON First Virginia Bank-Soulhwe~ CAROLE J. HUGHES L~ De Da, Inc, F. GEOFFREY ,JENNING$ F[anf~ L. Moose Jeweler SUSAN W. JENNING$ The Arts Council o{ the Blue Ridge F. ALLAN POLLARD, II Corned Beet & Company KENNETH RATTENBURY Fret Mil Music Company MICHAEL R. RIELEY Verizon MANJIT S, TOOR Sherertz Franklin ~rawlon:l Shattner, Inc. DENNIS TRAUBERT Ftr.! Citizen8 Sank WILLIAM F. TRINKLE Frenc~s Realtors GARY O. WALTON Hotel Roanoke & Conference Center MARK W. WOODS Wood~ Ferm~ WILLMM N. CARDER Roanoke City Council Liaison January 1 I, 2002 Members of Roanoke City Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Commission Members: I am writing as directed by the Board of Directors of Downtown Roanoke Inc. to inform you that our organization supports the initiatives outlined in the final draft of the Outlook Roanoke Update dated September 2001. The Outlook Roanoke Update outlines five key initiative areas and opportunities: (1) Elmwood Park Initiative, (2) Church Avenue Initiative, (3) E-Town Initiative, (4) Jefferson Center Initiative and (5) The Market Initiative. These key initiatives are extremely important in the continued effort to develop and revitalize Downtown Roanoke. It is an exciting time as we see signs of progress on both the northern and southem borders of downtown and, we believe it is critical to keep the momentum going with a planned strategy as proposed in the new Outlook Roanoke Update. Thank you for your diligent support of the City of Roanoke and a vibrant downtown Roanoke. Sincerely, Judy H. Evans Interim President cc: Don Harrison, Chairman Ro~nok~ Region MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us May 23, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: Your request to amend, repeal or replace proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409, and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2002. On motion, duly seconded and adopted, the matter was referred back to the City Planning Commission for further report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Mr. David Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Tim Ramsuer, 3909 Virginia Avenue, N. W., Roanoke, Virginia 24016 Ms. Elizabeth Thompson, 3905 Virginia Avenue, N.W., Roanoke, Virginia 24017 Mr. and Mrs. Roger Murphy, P. O. Box 5124, Fredericksburg, Virginia 22401 Mr. Ralph Austin, 3723 Greenland Avenue, N. W., Roanoke, Virginia 24012 Whiting Oil Co., P. O. Box 13026, Roanoke, Virginia 24030 Ms. Anna Pryor and Ms. Ruth Pryor, 3901 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Marvin Hickson, 110 Starview Drive, Salem, Virginia 24153 H:~gcnda.02~May 20, 2002 correspondence (part ll).wpd Mr. Michael A. Wells May 23, 2002 Page 2 pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Office of Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:XAgenda.02XMay 20, 2002 correspondence (part ll).wpd Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us April 15, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Mike Wells to rezone the rear 0.5 acre portion of Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in Ordinance No. 32294-121994 for the property located at the corner of Virginia Avenue, N. W. and Westside Boulevard, designated as Official Tax No. 2761409, be repealed and replaced with new conditions. Planning Commission Action: The Planning Commission public hearing was held on March 21,2002. By a vote of 1-5 (Mr. Hill voting for the petition, Messrs. Butler, Campbell, Chrisman, Rife and Manetta voting against the petition, and Mr. Dowe absent), the Commission recommended denial of the requested rezoning. Planning staff recommended denial of the request. Several residents appeared in opposition to the rezoning. Background: Petition to rezone was filed on February 7, 2002. Petitioner is requesting that a rear portion of property located on Virginia Avenue, designated as Official Tax Number 2761421, be rezoned from RS-3 to C-2, subject to certain conditions. Petitioner also is requesting that the proffered conditions on a portion of Official Tax Number 2761409, located on an adjacent piece of property at the corner of Virginia Avenue and Westside Boulevard that was rezoned from RS-3 to C-2 in 1994 for the purposes of operating an automobile cleaning facility, be repealed and replaced with new conditions. Proffered conditions of the rezoning are: 1. The use of the subject property to be rezoned shall be an automobile cleaning facility. = The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m., Saturdays 8:30 a.m. to 6:00 p.m., Sundays 1:00 p.m. to 6:00 p.m. A wooden stockade fence and appropriate landscaping to be approved by the Agent, shall be constructed and maintained along the top of the bank adjoining the adjacent residential property. See Exhibit 3. Please note that the third proffered condition is not enforceable. The fence and landscaping are not specific in size or location and an exhibit is referenced that is not clear. At the Planning Commission meeting, it was agreed that the third proffered condition would be removed and an amended petition filed prior to Council's hearing on the matter. The following information is provided as an explanation of the zoning history of the property known as 3904 Virginia Avenue, N. W.: Rezoning was approved in 1994 for the rear of Tax Number 2761409. Business had been initially established without proper zoning in place. It was noted that that the proposed area for rezoning was located adjacent to commercial development on Melrose Avenue and lower in topography from the residential properties on Virginia Avenue, thereby reducing land use conflicts. Proffered conditions for the rezoning were: (1) The use of the subject property to be rezoned shall be an automobile cleaning facility in the existing garage; and (2) signage will be restricted to a single wall sign, not to exceed 20 square feet, to be located on the front of the existing garage facing Westside Boulevard. An expansion of the facility was proposed in 1996 and a petition requested that the rear portion of Official Tax Number 2761421 be rezoned with proffered conditions for site development and use of the property. Residents of the neighborhood were opposed to the rezoning request, citing issues of noise, street parking and traffic congestion. Two Planning Commission and two City Council public hearings were held to discuss the request. Staff advised that the proposed rezoning was poor land use planning that could be detrimental to the residential neighborhood. It was recommended that the petitioner relocate his business to an area already zoned for commercial purposes. The rezoning request was denied by both the Planning Commission and City Council. Public hearing on the rezoning request was held on March 21,2002. Mr. Roy Creasy, Attorney, presented the rezoning request on behalf of the petitioner. Ms. Julie McCormick, 3826 Virginia Avenue, appeared before the Commission in opposition to the request. She cited concerns with trash, the number and offensive behaviors of employees, water discharges to the storm drain, and traffic management. Ms. Anna Pryor, resident across the street, also appeared in opposition to the rezoning advising that the business interfered with both vehicular and pedestrian traffic on Westside because of parked cars and traffic going in and out of the property. Written letters in opposition to the request (attached) were received from Betty McCormick, 3826 Virginia 2 Avenue, Julie McCormick, 3826 Virginia Avenue; Nyoka Porterfield, 3829 Virginia Avenue; Michael Shepherd, 3829 Virginia Avenue; and Fairview United Methodist Church, 1310 Van Buren Street. Considerations: Zoning of the most of Virginia Avenue is RS-3, Single Family Residential. The eastern corner of Virginia Avenue and Westside Boulevard is zoned C-1, Office District, with conditions (rezoned in 1989). Properties on Melrose Avenue, which parallels Virginia Avenue is zoned C-2, General Commercial District. Land use of properties on Virginia Avenue is primarily residential. The corners of Virginia Avenue and Westside Boulevard have been rezoned to allow limited commercial development. General commercial land uses are located on Melrose Avenue, south of the subject properties. Traffic volumes for the proposed business expansion would not significantly affect the traffic capacity of Westside Boulevard. However, any business use of the street for customer parking would affect traffic management. Neighborhood is not officially organized. The petitioner advises that he has some support from adjoining property owners. Staff also has received one phone call and several letters in opposition to the proposed rezoning. Vision 2001-2020 Comprehensive Plan recommends the following land use and development policies: Commercial Development: Roanoke will encourage commercial development in appropriate areas (i.e. key intersections and centers) to serve the needs of citizens and visitors. Housinq and Neiqhborhoods: Neighborhoods will function as villages, offering opportunities to live, work shop, play and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. City Design: Roanoke should have well-defined edges to support an understanding of the City's image and create a clear sense of place. New development should promote a positive image by respecting natural features, emphasizing high quality building design and incorporating appropriate landscaping. The proposed rezoning request is not in accordance with these adopted policies of the Comprehensive Plan. The proposed development would encourage piece-meal commercial development in the rear of residential properties that would negatively affect their residential quality. The proposed development would not encourage quality design in new development and would extend commercial development beyond the established general commercial corridor. Other commercially zoned land is available on Melrose Avenue and should be considered for expansion of the business. 3 Recommendation: By a vote of 1-5, the Commission recommended denial of the rezoning request to expand the existing commercial business. Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission attachments C: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Mike Wells, Petitioner 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE to amend § 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, in order to amend, repeal or replace certain proffered conditions, accepted by City Council by Ordinance No. 32294-121994, presently binding upon Official Tax No. 2761409, and rezoning such Official Tax No. 2761409, from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and rezoning Official Tax No. 2761421 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant. WHEREAS, Mr. Michael A. Wells, has made application to the Council of the City of Roanoke to amend, repeal or replace proffered conditions, accepted by City Council by Ordinance No. 32294-121994, presently binding upon Official Tax No. 2761409, and rezoning such Official Tax No. 2761409, from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant, and rezoning Official Tax No. 2761421 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on April 15, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid combined application, the recommendations made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the proffered conditions now binding upon the parcel of land designated as Official Tax No. 2761409, should be amended and replaced and that Ordinance No. 32294-121994, accepting said proffered conditions, should be repealed to the extent that it rezones the subject property and accepts and places such proffered conditions on said property; and WHEREAS, this Council, after considering the aforesaid combined application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That the conditions now binding upon the parcel of land designated as Official Tax No. 2761409, be amended and replaced and that Ordinance No. 32294-121994, accepting said conditions, be repealed to the extent that it rezones the subject property and accepts and places such conditions on said property; that certain tract of land described as Official Tax No. 2761409, designated on Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby H:\ORD1NANCES\O-rezVaAveWells.wpd rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to the proffers accepted by City Council in Ordinance No. 32294-121994, to C-2, General Commercial District, subject to the proffers contained in the Amended Petition filed in the Office of the City Clerk on April 8, 2002; and that tract of land designated as Official Tax No. 2761421, be, and is hereby, rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to the proffers contained in the Amended Petition filed in the Office of the City Clerk on April 8, 2002; and that Sheet No. 276 of the Zone Map be amended to reflect the changes in the proffered conditions and rezoning of the subject parcels, as set forth in the report of the Planning Commission dated April 15, 2002. ATTEST: City Clerk. H:\ORD[NANCES\O-rezVaAveWells.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us May 23, 2002 File #79-137 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk The Honorable William White, Sr., Chair Legislative Committee 3698 Partridge Lane, N. W.. Roanoke, Virginia 24017 Darlene L. Burcham City Manager Roanoke, Virginia Dear Mr. White and Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 20, 2002, Vice-Mayor Carder suggested that the matter of land valued taxation be referred to the Legislative Committee, and a committee composed of Council Members, the Director of Real Estate Valuation, and representatives from the business commUnity. Vice-Mayor Carder spoke in support of the City Manager's appointment of a committee to study the feasibility of legislation that will permit the City to place more emphasis on local companies in the request for proposals process. If legally permissible, he further suggested that the matter be referred to the Legislative Committee. Prior to appointing a study committee, Council Member Wyatt suggested that the City Attorney review the legality of the matter. Sincerely, Parker, CMC City Clerk MFP:mh pc~ William M. Hackworth, City Attorney Willard N. Claytor, Director, Office of Real Estate Valuation H:~genda.02~VIay 20, 2002 correspondence (part ll).wpd CITY OF R O INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #132 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 20, 2002, Council Member Hudson requested a recommendation from the City Manager with regard to an appropriate location to display portraits of former Mayors of the City of Roanoke. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:LS-genda.02~lay 20, 2002 correspondence (part ll).wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #67-372-560 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of the bid submitted by the Scott Robertson Memorial Fund for lease of certain property in East Gate Park for construction, maintenance and operation of a golf facility for use by the general public, which bid was opened and read at a regular meeting of the Council of the City of Roanoke on Monday, May 20, 2002. On motion, duly seconded and adopted, the bid was referred to you for study, report and recommendation to Council at its next regular meeting on Monday, June 3, 2002 at 2:00 p.m. MFP:mh Attachment pc: Sincerely, Parker, CMC City Clerk Thomas L. Robertson, Board Member, Scott Robertson Memorial Fund, P. O. Box 13727, Roanoke, Virginia 24036 Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Steven S. Buschor, Director, Parks and Recreation HSAgenda.02LMay 20, 2002 correspondence (part ll).wpd BID FORM Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The undersigned hereby proposes and agrees, if this Bid is accepted, to enter into t4te Agreement dated ~.vlay i, 2G02, for the lease of property in East Gate Park for the construction, maintenance and operation of a golf facilityt/or an initial term of fifteen (1 he ~ name °fBidder, ~ as it is recorded with th_ o c a~aL~ ~..orporauon commission. ~'~ '/' BUSINESS ADDRESS ~" ,~'o~ /.? 72.'7 STATE zm CODEZ/ H:~BID DOCUMENTS~Bid Form. FirstT~.wl~l ADVERTISEMENT FOR BIDS AND NOTICE OF PUBLIC HEARING Execution of a lease dated May 1, 2002, for property in East Gate Park for the construction, maintenance and operation of a golf facility for use by the general public under certain terms and conditions. Notice is hereby given that the City of Roanoke, a Virginia municipal corporation, proposes to lease property in East Gate Park for the construction, maintenance and operation of a golf facility for use by the general public, under certain terms and conditions, such leased premises being described as follows: a 29.73 acre parcel, more or less, contained entirely within East Gate Park, located in the northeast quadrant of the City of Roanoke, as more particularly described in a map dated April 17, 2002, entitled, "Exhibit Showing Proposed Land Use Area for Scott Robertson Memorial First Tee Program," which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Such lease shall be for an initial term of fifteen (15) years, upon the terms and conditions set forth in a lease agreement. Any interested party is hereby invited to submit a written bid for the lease to be granted. Bids-will be received in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 until 12:00 noon, local time, on May 20, 2002. A copy of the lease and the proposed ordinance, accepting the bid and authorizing execution of the lease, are on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids so received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on May 20, 2002, at which time all bids so received will be delivered to the Roanoke City Council Chamber, Room 450, Municipal Building, Roanoke, Virginia, and publicly opened, and each will be read aloud before the Roanoke City Council. A public hearing on the lease and the proposed ordinance will be held at 7:00 p.m., on May 20, 2002, in the Council Chambers. All parties in interest and citizens may appear on the above date and be heard on this issue. The Bidder shall give notice in writing of his claim to right to withdraw his bid within two days after the conclusion of the bid opening consistent with the procedure as set forth in Part (1) of Section 11-54.A. of the Code of Virginia (1950), as amended. H:~BID DOCUMENTS'xAdvertisement for bids EastGatePark.wpd Within sixty days after the deadline for receipt of bids, the City of Roanoke may award a lease to the highest responsible and responsive bidder who will provide the best combination of value of proposed improvements to the property and annual rental fee for privileges and fights to be granted pursuant to the terms of the lease. The successful bidder shall reimburse the City for the cost of advertising for bids. The City expressly reserves the right to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. GIVEN under my hand this 2nd day of May, 2002. Mary F. Parker City Clerk H:',BID DOCUMENTSX, Advenisement for bids EastGatePark. wpd BID FORM DATE: SUBMITTED BY: Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The undersigned hereby.proposes and agrees, if this Bid is accepted, to enter into the Agreement dated May 1, 2002, for the lease of property in East Gate Park for the construction, maintenance and operation of a golf facility for an initial term of fit~een (15) years, on file with the City Clerk for the City of Roanoke. State the complete name of Bidder, exactly as it is recorded with the State Corporation Commission. EXACT NAME OF BIDDER BY' TITLE BUSINESS ADDRESS CITY STATE TELEPHONE FAX NUMBER Z~ CODE H:~BID DOCUMENTS~Bid Form-FirstTee.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us May 23, 2002 File #67-373 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 35885-052002 finding that the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Steven S. Buschor, Director, Parks and Recreation Martha P. Franklin, Secretary, City Planning Commission H:~Agenda.02~lay 20, 2002 correspondence (pan fl).wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35885-052002. A RESOLUTION finding that the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensi~re Plan. WHEREAS, Vision 2001-2020, the City's adopted Comprehensive Plan, encourages diversifying park facilities to enhance the quality of life in the City, suggests the implementation of user fees for parks, and encourages public/private partnerships as a means of implementing park plan items; and WHEREAS, the Parks and Recreation Comprehensive MasterPlan was adopted as a part of Vision 2001-2020; and WHEREAS, East Gate Park is included in the Parks and Recreation Comprehensive Master Plan; and WHEREAS, the proposed use ora portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, will enhance the City's quality of life and further the goals of Vision 2001- 2020; and H:~RESOLUTIONS~I.- FIRSTr EECOMPLiANCE052002. DOC WHEREAS, the Planning Commission has recommended that City Council find that the proposed use ora portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, by this resolution, finds that the proposed use ora portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. ATTEST: City Clerk. H:~zSOLUTIONS~R-FIRSTrEECOM~LIANCE052002. DOC Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci, roanoke.va.us May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Wanda B. Reed, Acting Director of Parks and Recreation, requesting that the Planning Commission make a determination as to whether the use of a portion of East Gate Park for a First Tee Golf Program, as more fully described in a letter dated April 18, 2002, to the Planning Commission, is substantially in accord with Vision 2001-2020, the Comprehensive Plan for the City of Roanoke. Planning Commission Action: Planning Commission public hearing was held on April 18, 2002. By a vote of 6- 0 (Mr. Hill absent), the Commission determined that the use of a portion of East Gate Park for a First Tee Golf Program was substantially in accord with Vision 2001-2020, the City's comprehensive plan. Background: The Scott Robertson Memorial Fund has requested that the City of Roanoke consider a 15-year lease of approximately 29.73 acres in East Gate Park for a golf facility (see attached letter dated April 18, 2002 and supplemental materials). Because the proposal would use dedicated public park land for a specific private organization operating a golf program for the public, it was recommended that the Planning Commission consider this matter and make a determination with respect to its accordance with the Vision 2001-2020 Comprehensive Plan. Planning Commission public hearing was held on April 18, 2002. Mr. Rife stated that during his participation in the development of the Parks and Recreation Comprehensive Master Plan that this particular site was acknowledged as a potential golf course. Mr. Chrisman and Mr. Rife both asked the Petitioners and the potential lessee if the proposed use would be available for adults as well as children, and how user fees would apply. A representative of the Scott Robertson Memorial Fund responded that the proposed use would be open to adults at certain times, who would pay market-rate user fees, while children's fees would be subsidized by the program. Several Commission members had a discussion on the matter of the landfill at the site, and what uses of the property were possible. Citing examples of other City landfill sites in South Roanoke and Washington Park, it was agreed that a golf course was one of the few things that could be developed on a landfill such as the subject property. Considerations: The Parks and Recreation Comprehensive Master Plan (2000) was adopted as a part of Vision 2001-2020. East Gate Park is included in the parks plan. The park was dedicated in 1968 and includes a portion that was previously a landfill. The specific boundaries of the landfill area within the park are unknown. The park currently has a playground with two structures, a picnic shelter, a basketball court and a gravel parking lot. Trees line the perimeter of the park along 13th Street, while the area of the proposed use is open green space. The land use surrounding the park is predominantly single-family residential with a few multifamily dwellings. A number of adjacent parcels are vacant and undeveloped. City sewer and water serve the homes surrounding the area. The area has adequate utilities that can be connected to serve the proposed use. Vision 2001-2020 encourages diversifying park facilities to enhance the quality of life in the City, suggests the implementation of user fees, and encourages public/private partnerships as a means of implementing plan items. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Hill absent) finds that the proposal to use a portion of East Gate Park for a golf facility, including First Tee Junior Golf Program, is substantially in accord with the City's Comprehensive Plan. The proposed use of the property will enhance the City's quality of life and further the goals of both the Parks and Recreation Comprehensive Master Plan and Vision 2001-2020. Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission attachment cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Steven C. Buschor, Parks and Recreation Director ~-' ¢} A N 0 K E C I ~ P A R K S & R E C R E A T I O I',~ Reserve Avenue SW Roanoke, Virginia 24016 5401853-2236 FAX 54Ot853-1287 '~,~ '.}/C! ED PAPER April 18, 2002 Mr. Robert Manetta, Chair and Members of the City Planning Commission 215 Church Ave., Room 166 Roanoke, VA 24016 Dear Mr. Manetta: Subject: First Tee Golf Program East Gate Park, located on North Avenue, N. E. between 13th Street and Tinker Creek is approximately 59 acres. Park amenities include a playground, shelter with restrooms and one-half basketball court. Parks and Recreation Comprehensive Master Plan does not identify additional public investment in this park because of the challenges of locating recreational facilities on a landfill; i.e., athletic fields cannot be installed due to lighting requirements which would require disturbing the landfill. The Scott Robertson Memorial Fund has requested a 15 year lease of approximately 40 - 50 acres in East Gate Park to implement a First Tee Junior Golf Program. The Scott Robertson Memorial Fund is a 501(C)3 organization, Tax ID # 541295509. The proposed facility would include 3 - 6 short holes, a driving range and short game for bunker, putting green and a chipping area. A 2,000 sq. ft. building would include a teaching area and storage facility. An engineering study would determine feasibility for this project in East Gate Park. The facility will be available to the general public during open hours. When not in use for programs benefitting young people, fees charged to the general public will be fair market price with all revenue going back into the facility to support the youth programs. Scholarships for youth throughout the City will be funded by corporate donations. Off-street parking for no more than 40 - 50 cars will be provided with an appropriate buffer between the facility and the adjoining property owners. Minimal lighting is required around the training center only, and late night traffic would not be a concern as the facility will not be open after dark. Attachment "A" provides additional information about the program. A map of East Gate Park outlining the conceptual location for the program is included as AttachrnmI~"**. Parks and Recreation believes this facility, as recommended, would enhance the neighborhood and park use and that the community would receiVe tremendous benefit fr~this privatization initiative. The program meets the initiativesoutlined in the Parks and April 18, 2002 Page 2 Recreation Comprehensive Master Plan which was adopted as a component of Vision 2001-2020 the City's Comprehensive Plan. Attachment "C" Action Strategy 3: Funding Strategies, Section G provides details of the Parks and Recreation Master Plan which encourages privatization opportunities such as this initiative. The East Gate Church of the Nazarene hosted a community meeting on Monday, March 4 to determine the interest of the neighborhood in this project. There was no citizen representation at the meeting. The minister, however, advised that the issue had been discussed by their membership and that the project is fully supported by their congregation. Because a portion of this public park will be operated privately and will not be available for general recreation by the public during limited times, I respectfully request that the Planning Commission determine whether this use of East Gate Park is substantially in accord with Vision 2001-2020 the Comprehensive Plan for the City of Roanoke. Sincerely, Wanda B. Reed Acting Director WBR/kaj Enclosures Attachment 'A' BACKGROUND The Scott Robertson Memorial Fund is associated with the World Golf Foundation, Inc. and the First Tee Junior Golf Program. The backing of The First Tee program guarantees a quality facility and the provision of grants, up-front funding, discounts by large corporations for construction costs, etc. for the on-going cost of the program. This program will provide every young person in the region an opportunity to experience the challenges and joys of the game of golf while preparing them for the obstacles and opportunities of life. Physical and mental preparation, planning, perseverance, self-esteem, confidence, integrity and discipline are enduring success elements for golf as well as a fulfilling life. There is no cost to the City. The capital cost of the project is a minimum of $400,000 with annual operating cost estimated at $125,000. All improvements and expenses will be paid by the Scott Robertson Memorial Fund. The Scott Robertson Memorial holds an annual golf tournament, a premier junior golf competition in the country to showcase the talents of boys and girls from around the wodd and to reinforce the values of the game. A eighteen'(18) year commitment to youth Board of Directors includes business and civic leaders in addition to amateur and professional golfers Organized as a charitable, tax-exampt organization Over $175,000 in academic scholarships awarded to Roanoke youngsters Annual tournament among top 10 junior golf events in the country wi~ players from more than 20 states and 15 countries National organization organized in 1997 and chaired by former President George Bush Goal is to develop affordable and accessible golf facilities targeted toward young people up to age 18 who have not had exposure to game Four projects in Virginia First Tee provides assistance to create facility and curriculum for strong life skills including community service and mentoring Tiger Woods Foundation is strong financial support of First Tee and he is intimately involved in program. Tiger visited Norfolk's program three times last year. Academy would provide learning environment for golf and include all weather driving range and teaching center utilizing state of the art technology and teaching aids. Academy would provide needs based scholarships to juniors for golf instruction and participation in programs - Applicants must have solid school attendance, satisfactory grades and good character. Golf potential is not be consideration. To foster mentoring opportunities, there would be dedicated area where volunteers repair clubs for distribution to kids Financial support for Academy from public use during times not used by juniors and ongoing support by Scott Robertson Memorial Fund. Program to introduce golf to elementary school students underway for several years Summer instruction program involving approximately 100 youth conducted last year at Blue Hills Boys and Gids Club of Roanoke has indicated support for program First Tee representatives have visited Roanoke and provided verbal commitment for financial support subject to acceptable site Roanoke Parks and Recreation ~ttach~ent ~ Action Strategy 3: Funding Strategies Develop and implement funding strategies to aggressively fund the vision of Parks and Recreation into the year 2010. Creative methods are needed to fund changes and to maintain a" high level of services for citizens. Current wisdom in the parks and recreation industry suggests four ways to do this: · Control costs Use outside volunteer resources · Create revenue-producing facilities, and · Use creative funding andfinancing tools This action strategy looks to explore all of these options. A: Reorganize DePartment Reorganize the Department focused on efficiency of operations, including focusing on mission and areas of expertise. The goal will be to redirect 5% of current resources to recreation programs in FY 2001 and FY 2002, and 5% to infrastructure in FY 2003 and FY 2004, without compromising services. Reorganizing the Department to ensure the most efficient operations possible is a necessity in the current financial environment in which the Department finds itself. Of the two divisions within Parks and Recreation, the recreation division is the one most in need of additional resources. Therefore, resources found through .developing efficiencies in either division will be redirected toward recreational programming. B: Market-Based Pricing Obtain council approval to create market-based pricing strategies and fee-based programs. This recommendation requires a philosophical shift in the way programs and services are priced within Parks and Recreation. The 1950's model, the model on which Roanoke City Parks and Recreation's pricing is currently based, provides for heavily subsidized programs priced for the minority of people who cannot afford to pay full price for those services. The Year 2000 model, which is currently being used by many parks and recreation departments in the country, prices services based on the majority who can afford to pay, but also accommodates those who cannot afford to pay. The result in charging prices that the market will bear (i. e. market-based prices) would be the ability of the Parks and Recreation Department to offer more, and higher q~tality, services to ALL people. il _J Comprehensive Master Plcm 1: Activity Based Costing Institute activity-based-costing within the Parks and Recreation Department. In order to institute market-based pricing, it is necessary to know the costs of producing the product or service one provides. Current accounting'practices within the Department do not enable the Department to determine costs for services rendered. Activity Based Costing is a way of accounting that would enable the Department to know the true costs of the services it provides. Further, those with expertise in Activity Based Costing indicate it also provides support for: user fees performance measures · "in-house" versus outsourcing decisions · program redesign · performance budgeting (Younger, A.B.C. 1) 2: lee Policy and Pricing Strcrlegy Develop a Department fee policy and pricing strategy. A Department Fee Policy and Pricing Strategy would lay out a philosophy statement, criteria for establishing fee based services, provisions for those who cannot afford market based prices, residential versus non-residential fees, special group policies a;~.d refimd poli'cies. C: Sales Tax Parks and Recreation should research the opporttmity to use sales tax as an additional funding source for Parks and Recreation. Through interaction with other professionals, the Parks and Recreation staff has been made aware of creative ways in which sales tax has been used to benefit parks and recreation in other localities. Researching such ideas would involve understanding the mechanisms whereby such a tax might be levied, and whether or not the public would be willing to accept such a tax. D: Parks Foundation Create a Parks Foundation to generate 5% of annual program and development budgets Creating a foundation would set up the 501 (C) 3 legal framework through which philanthropic citizens and/or organizations could ~e 4~ Roanoke Parks and Recreation contribute funds for parks and recreation projects. These could involve assistance in acquiring land, developing facilities, sponsoring programs, and buying equipment for the Department. According to Leon Younger, a specialist in parks and recreation finance, "the ability of a foundation to react quickly to funding options, to create matching opportunities with other providers, support individuals with estate planning, and serve as a trust for recreational, scenic of conservation easements is invaluable" (Younger, Funding 4). E: Capital and Reserve Opportunity Fund Create a capital and reserve opportunity fund A capital and reserve opportunity fund would provide a means to set aside funds to take advantage of unexpected opportunities such as purchasing needed land for parks when it becomes available. Such a fund could be under the umbrella ora Parks Foundation, or it could be set up through some other mechanism. F:Revenue Bonds Fund major facilities that generate revenue via revenue bonds, e.g. the two family aquatic parks. Revenue bonds are a popular method for financing high-use specialty facilities like golf courses, aquatic centers, ice rinks, etc. A facility financed through revenue bonds must generate enough revenue to cover its operation and service its bond debt. G: Privafization Opportunities Encourage privatization opportunities such as leasing park land for private enterprise. Examples of possibilities include tournaments, events, and such enterprises as a driving range on an undeveloped piece of park property. Any opportunities for income derived from parks and recreation facilities will help ease funding challenges faced by Parks and Recreatior~ Further, this recommendation will help provide opportunities for private enterprise, as well as increase services to City citizens. H: Partnering Opportunities Create partnering opportunities with private, public and not-for- profit organizations. Partnerships are symbiotic business relationships enabling each organization in the partnership to meet goals it would not be able Comprehensive Master Plan to without the other. Such relationships are becoming increasingly important in private, public and not-for-profit sectors. I: Voluntary Funding Create an opportunity for voluntary funding for specific Parks and Recreation programs such as tree-planting or greenways. There are many creative ways of leveraging limited resources through voiuntary funding programs. An example of one possible program involves asking citizens to voluntarily round up their water bill to the nearest dollar (e.g. from $103.48 to $104.00). The difference in the amounts would be used to help fund general, or specific, parks and recreation programs. DNL%3A~JL~S · 38(~1J3,,I,1113~IY . Dldl~J~l'aNl~N~r '~-~-~1" ,j ,/ ,,/ J Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H: Carder, Vice Mayor Honorable Honorable Honorable Honorable Honorable William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Leasing portion of East Gate Park Background: East Gate Park, located on North Avenue, N. E. between 13th Street and Tinker Creek is approximately fifty-nine acres. Park amenities include a playground, shelter with restroom and one-half basketball court. Parks and Recreation's Comprehensive Master Plan does not identify any additional public investment in this park because of the challenges of locating recreational facilities on a landfill; i.e., athletic fields cannot be installed due to lighting requirements which would require disturbing the landfill. The Scott Robertson Memorial Fund is a charitable organization that has conducted annual junior golf tournaments, summer golf camps and scholarships to area youth. Now this Fund, a 501(c)3 organization, is ready to embark on a project that will introduce golf and mentoring opportunities to youth, while creating a public golf facility. To accomplish this, the Fund is working with the First Tee which is a 501(c)3 corporation that helps create affordable and accessible golf facilities through it's local chapters. This Fund, a local chapter, has requested a 15-year Lease (Attachment A) of an approximately twenty-nine acre portion of East Gate Park to implement a First Tee Golf Program. This is precisely the type of symbiotic partnership identified in the goals of the Parks and Recreation Master Plan. This partnership will provide recreational opportunities, which are not currently offered, to a wide spectrum of Roanoke citizens of all ages. The main objective of the First Tee Program is to provide youth with a Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (,540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us learning opportunity, delivered with integrity, honesty, confidence, and responsibility. Considerations: East Gate Park is ideally suited for this endeavor. The existing park amenities and thirty acres of the Park will remain after leasing and will continue to serve the neighbors and visitors as a neighborhood park, for recreational opportunities outside of golf. This effort will be the City's first in the re-development of a known landfill. Because of this relatively unfamiliar process, great care will be taken to see that the development, architectural, and engineering plans, and construction are completed with heightened awareness of the environmental impacts. As a local chapter's responsibility, the Fund is actively considering professional services firms, many of which have extensive experience in designing and constructing golf facilities on existing landfill sites. The Fund has also agreed to assist the City in securing environmental consultation and legal services, if the need should arise. This opportunity is a model for how public/private partnerships are expected to work. Because of this partnership, Parks and Recreation will be the recipient of a state of the art golfing facility with clubhouse, driving range, teaching areas, and several golfing holes; in addition to a capital investment in excess of $400,000, and maintenance provided by the Scott Robertson Memorial Fund. The Scott Robertson Memorial Fund realizes the goal of being able to provide instruction, and introduce the game of golf to all youth in our community at little or no cost to each participant. This project also utilizes a park site with limited development opportunities and transforms this brown-field into a renewable community resource. Recommended Action: Following the public hearing, authorize the City Manager to execute the attached Agreement and approved as to form by the City Attorney between the City and Scott Robertson Memorial Fund to operate a golf facility for a period of 15 years. Respectfully submitted, Darlene L. Burc~iam City Manager dLb:kaj Attachment C: Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven C. Buschor, Director of Parks and Recreation #CM02-00096 CONSTRUCTION~ OPERATING AND MAINTENANCE AGREEMENT This Construction, Operating and Maintenance Agreement (hereinafter, "Agreement") is entered into this 1st day of May, (hereinafter, "City") and 2002, by and between the City of Roanoke, Virginia , a 501 (c)(3), a not for profit corporation (hereinafter, "Lessee") for the construction, operation and maintenance of a golf facility at East Gate Park (hereinafter, "Property") in the City of Roanoke, Virginia. WHEREAS, Lessee will develop such golf facility to be known as ; and WHEREAS, Lessee has represented to the City that it will operate as a 501(c)(3) organization and has formed a Board of Directors and staff capable of providing the financial and professional support necessary to sustain the successful operation of a golf course facility in the City; and WHEREAS, the City is willing to enter into an operating agreement with Lessee based on Lessee's representations of adequate capitalization; and WHEREAS, the City and Lessee desire to create a unique first-class golf facility in the City which will make golf available to people of all diversities and social strata, particularly children and young people who otherwise may not have any opportunity to learn to play the game; and NOW, THEREFORE, for the premises and conditions set forth herein, the parties agree as follows: ARTICLE I 1.1 For the purposes of this Agreement, the following defined terms shall have the meanings specified below: (a) "City" shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1 05/01/02 (b) "Lessee" shall mean , a Virginia nonstock corporation organized pursuant to Section 501(c)(3) of the Intemal Revenue Service Code, or any of its employees, agents, independent contractors, or volunteers. (c) "Property" shall mean that portion of certain real estate located in the City of Roanoke, Virginia, generally known as East Gate Park, as depicted on Exhibit A. (d) "Facility" shall mean all of the improvements made to the Property by Lessee under this Agreement, including a golf course facility, with appropriate irrigation, a tot course, a practice green, and a clubhouse/pro shop and concession facilities. ARTICLE II 2.1 Term: The initial term of this Agreement shall be for fifteen (15) years, provided that Lessee has consistently operated and maintained the Facility in compliance with the terms of this Agreement. 2.2 Property accepted "as is": Lessee represents that it has inspected the Property, determined that it is suitable for its intended purposes, and accepts the Property "as is". This Agreement is contingent upon Lessee receiving necessary zoning, building, environmental and other approvals from appropriate agencies. 2.3 Use of Property: Except a otherwise may be provided herein, the Property shall be used solely in connection with the development of a golf facility for use by the general public consistent with the terms of this Agreement. 3.1 3.2 ARTICLE III Construction~ operation and maintenance duties of Lessee: Lessee shall construct, operate and maintain on the Property at its sole cost and expense a golf course facility, with appropriate irrigation, a tot course, a practice green, and a clubhouse/pro shop and concession facilities. The design of such improvements shall be approved by the Director of Parks and Recreation for the City of Roanoke prior to any construction, which approval shall not be unreasonably withheld. Construction of the improvements shall be completed substantially in accordance with the final approved plans and specifications. The layout and maintenance of the Facility shall be consistent and in conformity with comparable golf facilities and United State Golf Association Greens Section recommendations as set forth in Exhibit B. Lessee shall ensure that all contractors, subcontractors, materialmen, suppliers and laborers are fully paid in a timely fashion and shall take appropriate action to ensure that there are no claims against, or liens on property owned by the City or on improvements on such property. Funding: Lessee shall provide a minimum of four hundred thousand dollars and no cents ($400,000.00) towards the construction of the Facility as described in Article 3.1 2 05/01/02 3.3 3.4 3.4.a. above. Lessee shall provide the City with evidence of payment of such funds towards the construction of the Facility within thirty (30) days after payment for the construction of the Facility but not later than November 1, 2002. Any portion of Lessee's four hundred thousand dollars and no cents ($400,000.00) not needed for the construction of the Facility shall be retained by Lessee in a construction reserve fund for the future improvement of the Facility. In addition, Lessee shall be responsible for the payment of all expenses related to the operation and maintenance of the Facility following the execution of this Agreement. Utilities: Lessee acknowledges the City's right and obligation at its sole expense, to continue to maintain, monitor, improve, extend or replace existing utilities, methane gas lines, manholes, monitoring stations and burn pad on the Property in accordance with applicable laws. In this regard, Lessee shall coordinate the layout, construction, operation and maintenance of the Facility to protect and provide the City continued access, at no cost to the City, to existing utilities, methane gas lines, manholes, monitoring stations and bum pad. Lessee shall be responsible for locating any existing utilities on the Property. The City will assist Lessee in locating existing utilities on the Property by providing any available utilities drawings and information. Lessee shall be liable for any damages to existing utilities, methane gas lines, manholes, monitoring stations and bum pad caused by Lessee's construction and maintenance activities on the Property. Construction Bond: Construction of the Facility shall be performed by a contractor selected by Lessee. Prior to construction, Lessee shall provide a standard contractor's performance bond, letter of credit, or other surety in amount and form acceptable to the City Manager for the City of Roanoke which, in the City Manager's reasonable discretion, shall guarantee construction of the Facility and which shall be released following the City's determination that Lessee has constructed the Facility in accordance with the terms of this Agreement and the City's receipt of evidence of payment and verification that all payments for work performed have been made. In the event of default, or failure to cure any deficiency under this Agreement, City shall have the right to withdraw for the City's benefit such surety. The City may use such funds to either complete the Facility or remove the same from the Property and return the Property to its pre-construction condition. If all the improvements proposed under this Agreement are not completed by November 1, 2002, Lessee shall extend the term of the performance bond until such improvements are completed and the Facility opens for operation. Performance Bond: Lessee shall provide and maintain a standard performance bond, letter of credit or other surety in an amount of to ensure the performance of the terms of this Agreement. In the event of default, or failure to cure any deficiency under this Agreement, the City shall have the right to withdraw for the City's benefit such surety. The City may use such funds to continue the operation of the Facility, and upon withdrawal of such funds, the City shall have the right to declare this Agreement terminated and enter the Property and operate the Facility. 05/01/02 3.5 3.6 3.7 3.8 3.9 3.10 Permit: Lessee shall be responsible, at its sole expense, to secure all necessary approvals and permits for the construction of the Facility, and for all related fees for such approvals and permits. Installation of Utilities: Lessee shall be responsible, at its sole expense, to install or otherwise provide any necessary utility services up to and on the Property for the Facility, including without limitation, water, sewer, irrigation, electric, gas, telephone and cable, and Lessee shall pay all related connection fees for such services. Inspection: During construction of the Facility, Lessee shall cooperate with the City's Director of Parks and Recreation and allow the Director and other City officials to inspect the site. Upon reasonable notice and during normal weekday working hours, the City shall have the right to inspect the Facility, and to inspect or audit the records of the Facility, for the purpose of determining compliance with the terms and conditions of this Agreement. In addition, Lessee shall provide the City annually by December 31 with a business plan for the succeeding three (3) years which contains projections of revenues, expenses, capital improvements, or other financial planning information the City may reasonably request. Beginning of construction: Construction of the Facility shall commence on or about July 1, 2002, and shall be completed with operation of the driving range and golf course commencing on or about November 1, 2002, and the operation of the clubhouse commencing on or about that same date, provided that Lessee shall not be responsible for delays due to acts of God, stormy or inclement weather, environmental or construction permits, or acts by others or circumstances which are reasonably beyond its control. Standards of maintenance: Once the Facility is constructed, Lessee shall maintain the Facility and grounds at its sole expense in good order, in sanitary and safe condition, and to a high-quality industry manner and level. All work shall be performed by qualified staff or contractors in a professional manner. Upon completion of the Facility and opening of the same to the public, Lessee shall employ a qualified Golf Course Superintendent who is a member of the Golf Course Superintendent's Association of America and who is a licensed chemical applicator. Lessee shall subscribe membership to the United States Golf Association, and will to the extent practicable seek the review and input of the Greens Section with respect to agronomic conditions of the course. Environmental assurances: During the term of this Agreement, Lessee covenants and agrees to maintain the Facility and grounds at all times so that (i) there are no "Hazardous Substances" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as amended, at or on the Facility except pre-existing Hazardous Substances and those listed on an inventory furnished to and approved by the City, if any, which shall be kept current by Lessee and shall identify the type, quantity and location of each such Hazardous Substance; (ii) there is not a release or threat of release of any Hazardous Substance caused or knowingly permitted by Lessee; (iii) the Facility shall not be subject to liability to any person because of the presence of (A) stored, leaked or spilled petroleum products, (B)underground storage tanks or (C) an accumulation of rubbish, debris, or other solid 05/01/02 3.11 3.12 3.13 waste, or because of the presence, release, threat of release, discharge, storage, treatment, generation or disposal of any "hazardous waste" (as defined by the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; as amended) in addition to that which may exist on the Property on the date of this Agreement. Compliance with law: Lessee, and any agent of Lessee, designated with program or operating responsibilities shall (i) comply with any applicable law, ordinance, rule, regulation, order or other legal or governmental requirement with respect to the Facility, or its renovation, construction, operation or maintenance, including, but not limited to, federal and state labor and tax laws, OSHA, the Americans with Disabilities Act, workers' compensation, environmental, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related matters; (ii) advise the City promptly in writing of any substantial property damage to the Facility, any bodily injuries sustained by any person at the Facility, service upon or receipt by Lessee of any summons, subpoena or other similar legal documents, including notices, letters, communications or claims of any actual or alleged defaults by, claims or actions against, or potential liabilities of or relating to Lessee, or the Facility; (iii) timely pay any operating expenses, taxes, assessments and charges relating to the Facility; (iv) timely apply for and obtain and/or renew any approvals, licenses, permits, consents, authorizations, certificates or similar documents or actions required in connection with the program or the development or operation of the Facility; (v) hire, discharge, supervise, and carefully monitor the workers or personnel employed, and all agents, contractors, subcontractors or volunteers performing services in or about the Facility, provided Lessee shall only engage qualified competent and experienced personnel and volunteers (exercising an increased level of care at all events, recognizing that many of the participants are young people); (vi) provide effective safety and security programs; (vii) implement conscientious environmental and conservation planning, including compliance with applicable environmental regulations with respect to operating a golf facility on a former landfill area; (viii) establish and maintain a diverse and effective Board of Directors; (ix) keep, supervise and direct the keeping of, full, separate and adequate books of accounting as well as records reflecting gross revenues and operating expenses of the Facility, achievement of program goals and realization rates, tracking of program participants, development of off-site teaching programs and relationships with area schools and golf courses, and other data relevant to the long term assessment of the success of the operation of the Facility. Purpose: Lessee shall make golf more accessible to people of all diversities and social strata, particularly young people who otherwise may not have an opportunity to learn and play the game by creating facilities and programs at selected sites (the "Purpose"). Lessee shall accomplish the Purpose by combining affordable access with a life skills curriculum that emphasizes golf's unique ability to instill and develop essential values, such as honesty, integrity, sportsmanship, self-discipline, respect and a solid work ethic, and to give those young people the confidence and skills to pursue broader goals in life. Access to Facility: 05/01/02 3.14 (a) Lessee shall provide extraordinary access to golf for young people who are registered participants at the Facility. This will include on-site instruction and dedicated access to the golf facility and practice areas. Lessee shall also use its best efforts to develop off-site teaching programs to provide access to other area golf facilities ("Affiliated Facilities") and will encourage such Affiliated Facilities to provide reduced rates for participants of Lessee's program. For registered participants in Lessee's program, Lessee shall provide no less than 12 hours per week of programming at the Facility, which shall include free group instruction, both on the outdoor golf facility and in a classroom setting. Classes shall include beginning, intermediate and advanced group instruction over a 4 month period. Lessee shall also provide for each registered participant access to 4 rounds of golf per month at the Facility or, alternatively, may provide such access to an Affiliated Facility, at no cost or at low or discounted rates. Use of the Facility shall also be provided at rates affordable to the participants. (b) In addition, Lessee shall use its best efforts to plan, develop and implement programs and initiatives: (i) for pre-teen youths; (ii) for the disabled, including physically and mentally challenged participants; (iii) for the deaf; (vi) for disadvantaged inner-city groups and youths, particularly minorities; (v) with local not for profit groups, such as the YMCA, YWCA, Boy's and Girl's Clubs, etc., as well as the City of Roanoke; (vi) with area elementary and middle schools, high schools and community colleges; and (vii) as the parties mutually designate. Rent: Rent shall be ten dollars ($10.00) annually, payable on the 1st day of July each year, beginning in 2002. Such rent shall be paid to the Director of Parks and Recreation, 210 Reserve Avenue, Roanoke, Virginia 24016 ARTICLE IV 4. lInsurance: Lessee shall provide and keep in full force and effect during the period that this Agreement is in effect the kinds and amounts of insurance prescribed in this paragraph, and shall comply with all other provisions of this paragraph. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the Commonwealth of Virginia and acceptable to the City. All premiums and other costs of such insurance shall be paid by Lessee. Each insurance policy and certificate of insurance shall be signed by duly authorized representatives of such insurance companies in the Commonwealth of Virginia and shall be countersigned by duly authorized local agents of such companies. All certificates of insurance shall show the name of location as "East Gate Park." Lessee shall not be required to furnish the City with copies of the insurance contracts required by this paragraph. Lessee shall provide a certificate of insurance issued by such insurance companies in which the company shall irrevocably warrant that the insurance is provided to enable Lessee to comply with and provide the required insurance. The insolvency or bankruptcy of Lessee shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies. At the time of execution of this Agreement, Lessee shall attach to this Agreement an original certificate of insurance for each of the following: 05/01/02 4.2 4.3 4.4 mo Commercial General Liability Insurance with a combined single limit of not less than two million dollars and no cents ($2,000,000.00) per occurrence. Statutory Worker's Compensation and Employer's Liability with the Altemate Employers Endorsement WC 000301. If any employee of the Contractor is not subject to the provisions of the Virginia Worker's Compensations Act, the Contractor shall nevertheless insure payment of the same compensation to such employee as is provided for by the Virginia Workmen's Compensation Act. C. Other insurance as required based upon the nature of the contract. Do All insurance contracts shall be written or endorsed so as to preclude the exercise of the right of subrogation against the City All insurance required under this Article and as may be required in the future shall name the City, its officers, employees, agents and volunteers, as additional insureds, and shall provide for a ninety (90) day notice to be sent to the Risk Manager for the City prior to cancellation or any changes in the policies. All certificates of insurance required under this section and any which may be required in the future must be reviewed and approved by the Risk Manager for the City. Indemnification: Lessee agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Lessee including: (a) Lessee's use of East Gate Park or any part of it; (b) Lessee's construction, operation, maintenance of the golf facility located at East Gate Park; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Lessee on account thereof, Lessee, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Lessee, then Lessee will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 05/01/02 5.0 5.1 5.1.a. 5.2 5.3 ARTICLE V Operation and maintenance of the Facili ,ty: Lessee agrees that the Property and the Facility will be operated, managed and utilized as follows: Lessee shall guarantee that the Facility shall be open to the general public on a schedule approved by the City with business hours and tee times dedicated for people under the age of 18 years in accordance with the goals, vision and national objectives of The First Tee program as set forth in Exhibit __ Lessee shall provide the City with details of programs targeted for children and provide the City with annual reports which reflect its financial strength and the level of success the program reached in meeting its targeted goals. All published or furnished information (including signage) shall include the City of Roanoke Parks and Recreation Department logo. A published fee schedule (including, without limitation, green fees, event fees and similar charges) shall be established by Lessee, with the consultation of the City, and with the intent of having the lowest youth fees available in the local market for comparable facilities. Children under the age of 18 years and adults 55 years in age or older, residing in the City of Roanoke will receive discounted rates off of the published fee schedule. The published fee schedule shall reflect scholarships available to participants on terms identical to scholarships granted by the City of Roanoke Parks and Recreation Department for similarly situated children. Lessee's operation of the Facility shall be on a "not-for-profit" basis and its books and records shall be kept in accordance with generally accepted accounting practices for non- profit corporations. Lessee shall be allowed to establish reasonable capital and operational reserves consistent with the operation of a "first-class" golf course facility. To the extent there are any revenues in excess of operating expenses derived from the Facility, 100% must be used for physical improvements to the Facility or for reducing the fees charged to the public. Any revenues generated from fund-raising, sponsorships and other sources other than Facility use or Facility usage fees may be designated for use by Lessee for such other nonprofit purposes as Lessee deems appropriate and consistent with its corporate purpose. 5.4 (b) (a) Lessee shall cause to be conducted an annual audit of the entire operation of the Facility in accordance with generally accepted auditing standards. The audit shall be conducted by a certified public accountant licensed to practice in the Commonwealth of Virginia who is acceptable to the City. The annual audited financial report shall be prepared in accordance with generally accepted accounting principles. Generally accepted accounting principles and generally accepted auditing standards are as defined by the American Institute of Certified Public Accountants. (c) Lessee shall provide copies of all annual audit reports to the City within 30 days of the receipt of such reports from its auditors. 05/01/02 5.5 5.6 5.7 5.8 5.9 (d) Lessee shall address any adverse finding(s) of such audits in a prompt and diligent manner within 90 days of the receipt of the audit reports. The Facility shall be made reasonably available free of charge for the City's Parks and Recreation instructional programs and to Roanoke public schools for physical education classes and school tournaments during non-peak hours, subject to Facility capacity restrictions and on a schedule to be agreed upon between the City and Lessee. The Facility and the Property shall be subject to the roles and regulations of City parks, except as otherwise provided in the Agreement. Lessee shall operate the Facility in compliance with all applicable federal, state and local laws and regulations, including conditions of zoning and applicable civil rights and accessibility legislation. The Facility shall be known as Any other names or designations sought by Lessee shall be subject to the approval of City Council for the City of Roanoke at an open meeting of such body. Dru~-free workplace: Lessee will: (i) provide a drag-free workplace for Lessee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 6.1 6.2 ARTICLE VI Management of Facility and minority business participation: Lessee reserves the right to manage all or any part of the Facility and may include Pro Shop or Concessions related activities. In so doing, Lessee may also subcontract out the operation of such activities. Any such subcontracting, or the maintenance or operation of the Facility by Lessee, will comply with City policies regarding minority business participation and minority employment. Such operation, however, must not jeopardize the status of Lessee as a public, nonprofit foundation according to the Internal Revenue Code. Anti-discrimination: Lessee will comply fully with Title VI and Title VII of the Civil Rights Act of 1964, as amended, and all other regulations promulgated thereunder. During the performance of this Agreement, Lessee agrees as follows: 05/01/02 6.3 (a) Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the golf course. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, will state that such Lessee is an equal opportunity employer. (c) Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Lessee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. Control of Lessee's employees: All full-time and part-time personnel employed by Lessee shall at all times be employees of Lessee. Lessee shall have the absolute discretion to hire, promote, supervise, direct and train all employees, to fix their compensation and, generally, establish and maintain all policies relating to employment. 7.1 7.2 ARTICLE VII Default by Lessee: In the event that Lessee fails to develop, maintain or operate the Facility in accordance with the terms and conditions of this Agreement, the City will give Lessee written notice and thirty (30) days from the date of receipt of such notice to cure the default, or if a cure can not be made within thirty (30) days, to initiate a cure within thirty (30) days and diligently pursue a cure thereafter, failing which the City will have the right to terminate the Agreement or enter the Property, or both, and to operate and maintain the Facility, or cease operation thereof, and Lessee shall reimburse the City for all such expenses reasonably incurred by the City. Reversion of the Property: The Property and any other improvements thereon will revert to and become the property of the City upon the expiration or termination of the Agreement. Lessee shall be responsible for the removal of its personal property at the expiration or termination of this Agreement, provided that Lessee shall be responsible for the cost of repair of any damage caused during such removal. Failure by Lessee to remove any of its personal property within thirty (30) days of the expiration or termination of this Agreement shall authorize the City to remove the same and dispose of it in any manner it deems appropriate. 10 05/01/02 7.3 7.4 No sublease~ assignment or subcontract of the property: The rights and obligations under this Agreement are personal, and Lessee shall not assign or subcontract the Agreement, the Property, the Facility, or its rights under the Agreement, without the prior written consent of the City Manager for the City of Roanoke. Notices: Any notices to be provided to a party under this Agreement shall be given in writing by certified mail, return receipt requested, directed to: City: Director of Parks and Recreation for the City of Roanoke 210 Reserve Avenue Roanoke, Virginia 24016 with a copy to: City Attomey for the City of Roanoke 215 Church Avenue, S. W., Room 464 Roanoke, Virginia 24011-1595 Lessee: 7.5 7.6 7.7 7.8 7.9 Governing law: This Agreement shall be governed by the laws of the Commonwealth of Virginia, and any action brought to enforce its provisions shall be brought in the Circuit Court of the City of Roanoke. Severance: If any provision of this Agreement is deemed unenforceable by the Circuit Court of the City of Roanoke or any other court with jurisdiction to hear matters raised by this Agreement, the remainder of the Agreement shall not be affected thereby. Non-appropriation: The City shall be bound under this Agreement only to the extent that there are funds available to perform its obligations hereunder. Representatives not individually liable: No member, commissioner, trustee, officer, official, representative, employee, director or partner, or their respective successors or assigns, of the City or Lessee shall be personally liable to either of the parties to this Agreement in the event of any default or breach of any obligation under the terms of this Agreement. However, the provisions of this Section shall not release the parties thereto from any of their obligations hereunder. Non-waiver: No party hereto shall be deemed to have waived the exercise of any right hereunder unless such waiver is made expressly and in writing by the person, or that person's successors, who has executed this Agreement, and no such waiver of any such right in any one instance shall be deemed a waiver as to any other instance of any other right. 11 05/01/02 7.11 7.12 7.14 7.15 7.16 7.17 7.10 No third-party beneficiaries: The warranties, representations and covenants contained herein and the rights and obligations created hereby shall not give rise to any third-party beneficiary rights in any persons, but shall be for the exclusive benefit of, and enforceable by, the parties hereto, their successors and assigns. Incorporation of exhibits: All of the Exhibits attached hereto are hereby incorporated into this Agreement and made a part hereof. Heading, s: The headings in this Agreement are for purposes of convenience only and shall not modify or enlarge the interpretation of the text of this Agreement. The words "herein," "hereof' and "hereunder" and other words of similar import shall refer to this Agreement as a whole and not to a particular article, section, subsection or paragraph. 7.13 Completeness l modification: This Agreement constitutes the entire agreement between the parties hereto with respect to the transactions contemplated hereby and supersedes all prior discussions, understandings, agreements and negotiations between the parties hereto. This Agreement may be modified only by a written instrument duly executed by the parties hereto by the person, or that person's successor, who has executed this Agreement. No partnership: This Agreement does not and shall not be construed to create a partnership, joint venture or any other relationship between the parties hereto. Consents and approvals: Wherever in this Agreement a party has the right to consent to or approve a proposed action by the other party, such consent or approval shall be provided in writing in a timely manner. Successors and assigns: Except as otherwise specifically provided herein, the terms and provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. Faith-based organizations: Pursuant to §2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. WITNESS the following signatures and seals: CITY OF ROANOKE, VIRGINIA ATTEST: Mary F. Parker, City Clerk by Darlene L. Burcham, City Manager 12 05/01/02 ATTEST: LESSEE: (Title). Name: Its Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney 13 05/01/02 ADVERTISEMENT FOR BIDS AND NOTICE OF PUBLIC HEARING Execution of a lease dated May 1, 2002, for property in East Gate Park for the construction, maintenance and operation of a golf facility for use by the general public under certain terms and conditions. Notice is hereby given that the City of Roanoke, a Virginia municipal corporation, proposes to lease property in East Gate Park for the construction, maintenance and operation of a golf facility for use by the general public, under certain terms and conditions, such leased premises being described as follows: a 29.73 acre parcel, more or less, contained entirely within East Gate Park, located in the northeast quadrant of the City of Roanoke, as more particularly described in a map dated April 17, 2002, entitled, "Exhibit Showing Proposed Land Use Area for Scott Robertson Memorial First Tee Program," which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Such lease shall be for an initial term of fifteen (15) years, upon the terms and conditions set forth in a lease agreement. Any interested party is hereby invited to submit a written bid for the lease to be granted. Bids will be received in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 until 12:00 noon, local time, on May 20, 2002. A copy of the lease and the proposed ordinance, accepting the bid and authorizing execution of the lease, are on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids so received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on May 20, 2002, at which time all bids so received will be delivered to the Roanoke City Council Chamber, Room 450, Municipal Building, Roanoke, Virginia, and publicly opened, and each will be read aloud before the Roanoke City Council. A public hearing on the lease and the proposed ordinance will be held at 7:00 p.m., on May 20, 2002, in the Council Chambers. All parties in interest and citizens may appear on the above date and be heard on this issue. The Bidder shall give notice in writing of his claim to right to withdraw his bid within two days after the conclusion of the bid opening consistent with the procedure as set forth in Part (1) of Section 11-54.A. of the Code of Virginia (1950), as amended. H:~BID DOCUMENTS'~Advertisement for bids EastGatePark.wpd Within sixty days after the deadline for receipt of bids, the City of Roanoke may award a lease to the highest responsible and responsive bidder who will provide the best combination of value of proposed improvements to the property and annual rental fee for privileges and rights to be granted pursuant to the terms of the lease. The successful bidder shall reimburse the City for the cost of advertising for bids. The City expressly reserves the right to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. Mary F. Parker City Clerk GIVEN under my hand this 2nd day of May, 2002. H:~BID DOCUMENTS/Advertisement for bids EastGatePark.wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY PARKS 210 RESERVE AVE SW ROANOKE VA 24016 REFERENCE: 80035881 01898495 East Gate park State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. I~ Sworn and ~ubscribe~ before me this __l__~_. day of ~~~. ~%~ ray,and and official sea 1~~__~~~ ......... Notary Public My commission expires ~2~CC~--- PUBLISHED ON: 05/05 05/12 K'--"'."Jon of e leme dm:KI muhidlM[ oorporatlon,~, pro- leased premises beln~ dasotbed as folows: · 29.73 Ar~ ~or Scott Robertson 215 Citum~ 'Avenue, ~.W., m& 215'Chum~ Aveflue, S.W., asd each vdll be re~l aloud before the Roenok® City Co.nc~. A Pu~le he~ on the lease ~ 20, 2002, In the Council m as m fo~t~ In Pm~t (1) of s~:tlon 11-54,A, of ~te Code m' Vk~n~ (1950), as reminded. TOTAL COST: 649.44 FILED ON: 05/13/02 Authorized /R __ ~ ~ /~/"R ~ signature:___~_~/~_~~_~__~_~_~--~ , Billing Services Representative MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us May 23, 2002 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P. L. C. P. O. Box 12125 Roanoke, Virginia 24038-4125 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Dear Mr. Layman: A public hearing on the request of Cape Town, L.C., and Steven W. Morris to rezone two tracts of land located on the southwest side of Roberts Road, S. W., identified as Official Tax Nos. 1290212 and 1290211, from RS-3, Residential Single Family District, to C-1, Office District, subject to certain conditions proffered by the petitioners, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002. On motion, duly seconded and adopted, the matter was referred back to the City Planning Commission for further study, report and recommendation to Council. MFP:mh Sincerely, City Clerk pc: Horace Fralin, LLC, P. O. Box 20069, Roanoke, Virginia 24018 Shih Lo Hsing, et al, 410 Willow Oak Drive, S. W., Roanoke, Virginia 24014 Ms. Cynthia A. Mason, 915 Beechwood Drive, S. W., Roanoke, Virginia 24014 Mr. John Hall, 915 Beechwood Drive, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Charles B. Helms, 2951 Roberts Road, S. W., Roanoke, Virginia 24014 Carillon Services, Inc., 213 South Jefferson Street, Roanoke, Virginia 24011 Steven W~ Morris, Member, Cape Town, L. C., 3128 Allendaie Street, S. W., Roanoke, Virginia 24014 Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Office of Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer i-i:~,Agenda.02hMay 20, 2002 correspondence (part lI).wpd WILLIAM M. HACKWORTH CITY ATTORNEy CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty~ci.roanoke.va.us ELIZABETH lC DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS May 20, 2002 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Rezoning - Cape Town, L.C., and Steven W. Morris Dear Mayor Smith and Members of Council: In anticipation of this matter being considered by Council on May 20, 2002, I sent a letter to you bearing that same date. In that letter, I opined that the provisions of {}62(5) of the City Charter had been met in that all of the owners of two (2) of the subject eight (8) properties, Cynthia A. Mason (Official Tax No. 1290206) and Charles and Christine J. Helms (Official Tax No. 1290210), had signed the petition opposing the rezoning, and that, accordingly, five-sevenths of all of the members of the Council would be needed to concur in the rezoning, if the rezoning was to be effective. On May 16, 2002, after the above-referenced letter was sent to you, Mr. Daniel F. Layman, Jr., counsel for the Petitioner, forwarded to my office a copy of a deed indicating that Cynthia A. Mason had transferred her ownership of Official Tax No. 1290206 to another party. As a result of that transfer, all of the owners of only one (1) lot, Charles and Christine J. Helms (Official Tax No. 1290210), have signed the petition opposing the rezoning. Charles and Paula Mason, the new owners of Official Tax No. 1290206, have not, as far as I know, signed the petition opposing the rezoning. In light of this most recent development, the provisions of §62(5) have not been met in that all of the owners of only (1) of the subject eight (8) properties have signed the petition opposing the rezoning. Accordingly, only a simple majority of the members of the Council present and voting will be needed to concur in the rezoning, if the rezoning is to be effective. Honorable Mayor and Members of City Council May 20, 2002 Page 2 I would be pleased to respond to any question that the members of Council may have with regard to this matter. WMH/SJT:s Very truly yours, William M. Hackworth City Attorney Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works Wanda Reed, Acting Chief, Planning & Community Development Evelyn Dorsey, Zoning Administrator Daniel F. Layman, Jr., Attorney for the Petitioner Steven W. Morris, Member, Cape Town, LC HSLTRS TO COUNCIL - SJ'BHMMCC-FIVESEVENTHS2(CAPETOWN).DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #51-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35886-052002 rezoning a tract of land lying generally west of Courtland Avenue, N. W., north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated as Official Tax Nos. 307.0301-3070310, inclusive; 3070313-3070316, inclusive; 2041816 and 2041817 currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501, 3070318 and 3070319 currently zoned C-2, General Commercial District, to C-3, Central Business District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:~Agenda.02hMay 20, 2002 correspondence (part II).wpd Darlene L. Burcham May 23,200.2 Page 2 pc~ John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. James W. Perdue, 1515 Dunbar Street, N. W., Roanoke, Virginia 24012 Mr. Richard N. Ross, 1824 Fremont Circle, N. W., Roanoke, Virginia 24017 James K. Bowers, Jr., and Antwone Dixon, et al, 3224 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Mr. Robert R. Young, 210 Carver Avenue, N. W., Roanoke, Virginia 24012 TLC Properties, Inc., c/o Mr. Ben R. Miller, Jr., P. O. Box 66338, Baton Rouge, Louisiana 70896 Mr. Fred C. Ellis, P. O. Box 12067, Roanoke, Virginia 24022 Trustees, First Baptist Church, P. O. Box 2799, Roanoke, Virginia 24001 Shivam, LLC, 308 Orange Avenue, N. E., Roanoke, Virginia 24012 Blue Eagle Partnership, P. O. Box 12068, Roanoke, Virginia 24012 Jack E. May Family Trust, 1920 Royal Oak Drive, Lynchburg, Virginia 24503 Mr. Randall Sheetz, 315 South Stewart Street, Winchester, Virginia 22601 Mr. Ernest D. Tate, Trustee, 126 Overlook Circle, Moneta, Virginia 24121 Farrell Properties, LTD, P. O. Box 12608, Roanoke, Virginia 24027 Ms. Alice H. Baker, 4101 Hazelridge Road, N. W., Roanoke, Virginia 24012 Mr. Arthur C. Edwards, 1127 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022. Mr. and Mrs. Theodore J. Sutton, 2285 Donagale Drive, N. E., Roanoke, Virginia 24012 Southeastern Building Corp., 900 Ridgefield Drive, #250, Raleigh, North Carolina 27609 Mr. Warren L. Baker, etals, 4101 Hazelridge Road, N. W., Roanoke, Virginia 24012 Mr. Stanley A. Eichelberger, 410 Carver Avenue, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Office Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:'~Agenda.02'~4ay 20, 2002 correspondence (part ll).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35886-052002. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, the City Planning Commission and Calvin W. Powers, Mary C. Powers, Theodore J. Sutton and Judy P. Sutton have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-3, Central Business District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 20, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's H:\ORDINANCES\O- REZ-STADIUM052002. DOC Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided, as the rezoning is consistent with Vision 2001-2020, the City's adopted Comprehensive Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land lyin~ generally west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, being in the City of Roanoke, Virginia, consisting of Official Tax Nos. 3070301 through 3070310, inclusive; 3070313 through 3070316, inclusive; 2041816 and 2041817, are hereby rezoned from LM, Light Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on March 13, 2002, and that Sheet Nos. 204 and 307 of the Zone Map be changed in this respect; and Official Tax Nos. 3070501, 3070318 and 3070319, are hereby rezoned from C-2, General Commercial District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on March 13, 2002, and that Sheet No. 307 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: H:\ORDI~ANCES\O-REZ-STADR/M052002. DOC City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject! Request from the City of Roanoke, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton, that tract of land lying generally west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated more specifically as Official Tax Nos. 3070301 through 3070310, inclusive; 3070313 through 3070316, inclusive; 2041816 and 2041817 currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501,3070318 and 3070319, currently zoned C-2, General Commercial District, be rezoned to C-3, Central Business District. Planning Commission Action: Planning Commission public hearing was held on Thursday, April 18, 2002. By a vote of 4-3 (Messrs. Dowe, Hill, Marietta and Rife voting for the motion; Messrs. Butler, Campbell and Chrisman voting against the motion), the Commission recommended the rezoning request. Mr. Dan Layman, attorney representing Farrell properties and Berglund Automotive, appeared before the Commission requesting a continuance until a traffic study for the project was completed. Background: On May 17, 2001. City Councii authorized the City Manager to negotiate and acquire properties in the area north of the Civic Center to serve as a location for a new Manager to file a petition to rezone properties for the project. A petition was subsequently filed on March 12, 2002. No conditions are being proffered. Jim Evans, Director Of Civic Facilities, and Charles Anderson, City Architect, presented the request to the Planning Commission. Mr. Dan Layman, attorney representing Farrell properties and Berglund Automotive, appeared before the Commission and expressed concern that the traffic study had not been completed. Mr. Layman requested that the Commission table the decision on the rezoning until the traffic study is completed. Mr. Anderson indicated that the traffic study was underway and would be completed by August. There was considerable discussion about coordinating schedules to avoid having a situation where there are large events at the Civic Center and the stadium/amphitheater at the same time. Considerations: The current zoning (see Exhibit A) of most of the subject properties is LM, Light Manufacturing District, which does not provide for this type of facility. A few parcels are zoned C-2, General Commercial District, which could permit a stadium facility.- A rezoning of the property to C-3, Central Business District is requested. The existing Civic Center, a companion facility, is zoned C-3 and will provide additional parking for the new facility. Zoning to the east of the site is C-2, to the west is RM-2, to the south is C-3, and to the north is LM. Existing land uses of the properties to be rezoned (See Exhibit B) are mostly industrial, including equipment and materials storage and parking. The largest parcels are part of the city's public works complex and are mostly vacant. Commercial uses surround the site. The new use of the property is a stadium/amphitheater with up to 8,000 seats. The conceptual layout of the project was submitted with the attached petition. Approximately 700-900 parking spaces would be provided around the stadium/amphitheater structure, with overflow parking at the Civic Center. Given the nature of the surrounding land uses, the impact on adjacent properties is expected to be minimal. The facility should enhance additional development opportunities in the surrounding area. From an urban design standpoint, this project would strengthen the link between downtown and the Williamson Road area. The project would provide an infill project on underutilized land, thus providing continuity and a destination between these areas. The project also has the potential to provide better pedestrian linkages between the areas. Williamson Road is a linear commercial area that needs "anchor points" and efforts have been made to develop this anchor point by defining the gateway at Orange Avenue. The Williamson Road Corridor plan (Hill Studio, 1997)designated portions of the Public Works Service Center and the Civic Mall as an underutilized area and recommended redevelopment to serve as a southern anchor for the corridor. Use of this site adjacent to the Civic Center also achieves a desired grouping of complementary entertainment facilities. Because of the site's excellent transportation access and nature of the surrounding land uses, the site is appropriate for an intense commercial use. Preliminary planning indicates that existing water, sewer, and storm water infrastructure will support the stadium/amphitheater. An on-site stormwater management system will be developed as part of site planning. A traffic study is underway to identify the best options for traffic management and ingress/egress to the site. Meetings with adjacent property owners to discuss traffic management are planned in the future as the study proceeds. The site has excellent opportunities for pedestrian linkages. The facility would be located one mile north of the City Market, thereby making pedestrian access to the downtown core possible. A planned segment of the Lick Run Greenway runs near the site and could provide pedestrian access to downtown. A planned pedestrian overpass across Orange Avenue also will enhance pedestrian access to both the Civic Center parking and to the downtown core. Finally, pedestrian improvements along Williamson Road were recently completed as part of the Williamson Road Corridor improvement project. At least 700 parking spaces are proposed on site, which should be adequate for most events. For larger events, there will be access to the Civic Center parking lot via a pedestrian overpass crossing Orange Avenue. Because of its close proximity to downtown, shuttle service to downtown parking garages is also viable. It is expected that on-site parking, Civic Center parking, and shuttles to parking garages will adequately serve parking needs. The C-3 district has no minimum parking requirements. The City's Comprehensive Plan, Vision 2001-2020, recommends that Roanoke develop, maintain and manage recreation facilities that enhance the City and the region's quality of life. The plan also recommends the redevelopment of underutilized industrial sites and continued investment in the downtown to serve the region's central business district with opportunities for downtown living, office space, retail and cultural and entertainment attractions. The comprehensive plan supports the rezoning of the site through the following policies: · Providing opportunities in downtown for cultural and entertainment attractions · Evaluating and encouraging redevelopment of underutilized commercial and industrial sites · Encouraging commercial development in appropriate areas such as key intersections and existing commercial centers · Developing significant regional attractions · Encouraging shared parking In addition, the comprehensive plan specifically designates the area as a future stadium site. Recommendation: By a vote of 4-3 (Messrs. Rife, Dowe, Hill and Manetta voting for the motion and Messrs. Butler, Campbell and Chrisman voting against the motion), the Commission recommends approval of the rezoning request. The development of the property for a stadium/amphitheater will encourage economic development of the area, provide a regional entertainment attraction near downtown, redevelop an underutilized area, and incorporate shared parking. In addition, development of this site will also create a better linkage between downtown and the Williamson Road area and supports an "entertainment complex" approach by grouping with the existing Civic Center. Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission CC:mpf attachments cc: Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Calvin and Mary Powers, Petitioner Theodore and Judy Sutton, Petitioner J ATTACHMFNT A J EXISTING ZONING COR PUBLIC WORKS BLDG RM-2: CEMETERY N City of Roanoke A 0 200 400 CIVIC CENTER Planning Building and Development ~00 Fee{ April 2, 2002 I ATTAC. HMFNT R I EXISTING LAND USES ORANGE AVENUE (U.S. 460) ~'~-C ivic Center parking) , ~ Git¥ Of ~oanoko ~lanning Building and Developmont April 2, 2002 A o 200 400 6oo Feet 6 LN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of tracts of land lysng generally west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less and designated more specifically as Official Tax Numbers 307030 l, 3070302. 3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 3070310, 3070313, 3070314, 30703 l 5, 3070316, 2041816, 2041817 from LM, Light Manufacturing District and Tax Numbers 3070501, 3070318 and 3070319 from C-2, General Commercial District, to C-3, Central Business District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke, Virginia, owns parcels of land in the City of Roanoke containing 23 acres, more or less, designated as Official City Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 30703 I0, 3070313, 3070314, 3070315, 3070316, 2041816, 204181.7, 3070501, and 3070318 located generally west of Courtland Road, north of Orange Avenue, and south of Sycamore Avenue. The Petitioners, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton, own a parcel of land in the City of Roanoke designated as Official City Tax Number 3070319, and containing 1.5 acres, more or less, in the same general location. Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817 are currently zoned LM, Light Manufacturing District. Tax Numbers 307050 I, 3070318 and 3070319 are currently zoned C-2, General Commercial District. A map of the property to be rezoned is attached as Exhibit A. A concept plan for proposed development of the properties is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said properties be rezoned from LM, Light Manufacturing District, and C-2, General Commercial District to C-3, Central Business District, for the purpose of constructing a municipal stadium and amphitheater facility to be used in conjunction with the existing Roanoke Civic Center. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an underutilized industrial area, provide increased recreational and entertainment opportunities for the City and the region, and provide increased economic development investment in the downtown area. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Submitted this /,.~ ed day of/~,a~/~/, 2002. Respectfully, Darlene L. Bdr~am, City Manager City of Roanoke, Virginia 215 Church Avenue, S. W., Room 364 Roanoke, VA 24011 (540) 853-2333 . oYe' :40:: Mary C. Powers ~ 24022 Theodore ~1'. >Sla/tton P. O. BoxY068, Ro~oke, VA 24022 y ?//Sutton · l~ox 12068, Roanoke, VA 24022 EXHIBIT A EXHIBIT B ORAN CONCEPT I~U~ STADIUM/Ai~PHITHEATER SITE EXHIBIT C ADJOINING PROPERTY OWNERS Tax No. Property Address Property Owner 2040101 1823 Dunbar Street, NW Roanoke Redevelopment and Housing Authority P O Box 6359 Roanoke, VA 24017 2041315 1515 Dunbar Street, NW James W. Perdue Revocable Trust 1515 Dunbar Street, NW Roanoke, VA 24012 2041316 Dunbar Street, NW James W. Perdue 1515 Dunbar Street, NW Roanoke, VA 24012 2041317 Dunbar Street, NW Richard N. Ross 2041318 1824 Fremont Circle, NW Roanoke, VA 24017 2041319 Dunbar Street, NW James K. Bowers, Jr. Antwone Dixon, et al 3224 Trinkle Avenue, NW Roanoke, VA 24012 2041341 210 Carver Avenue, NW Robert R. Young 210 Carver Avenue, NW Roanoke, VA 24012 2041703 Carver Avenue, NW TLC Properties, Inc. c/o Ben R. Miller, Jr. P O Box 66338 Baton Rouge, LA 70896 2041815 Carver Avenue, NW Fred C. Ellis P O Box 12067 Roanoke, VA 24022 3020101 Orange Avenue, NE Trustees, First Baptist Church P O Box 2799 Roanoke, VA 24001 3020102 308 Orange Avenue, NE Shivam, LLC 308 Orange Avenue, NE Roanoke, VA 24012 3020117 326 Orange Avenue, NE Blue Eagle Partnership P O Box 12068 Roanoke, VA 240122 3020118 316 Orange Avenue, NE Jack E. May Family Trust 1920 Royal Oak Drive Lynchburg, VA 24503 3020201 1212 Williamson Road, NE Randall Sheetz 3070901 Carver Avenue, NE 315 S. Stewart Street Winchester, VA 22601 3070103 Dunbar Street, NW City of Roanoke 3070104 3070120 3O70121 3080433 1802 Courtland Road, NE 3070108 Lukens Street, NE Ernest D. Tate, Trustee 126 Overlook Circle Moneta, VA 24121 3070113 Dunbar Street, NW Yolanda L. Bell 1619 Dunbar Street, NW Roanoke, VA 24012 3070407 110 Wayne Street, NE Farrell Properties, LTD P O Box 12608 Roanoke, VA 24027 3070320 Courtland Avenue, NE Alice H. Baker 4101 Hazelridge Road, NW Roanoke, VA 24012 3070105 Lukens Street, NE Arthur C. Edwards 1127 Melrose Avenue, NW Roanoke, VA 24017 3070317 1502 Williamson Road, NE Calvin W. and Mary C. Powers P O Box 12068 Roanoke, VA 24022 3070504 1330 Courtland Road, NE Southeastern Building Corp. 900 Ridgefiel{:l Ddve, #250 Raleigh, NC 27609 3070512 Courtland Road, NE Warren L. Baker, et als 4101 Hazelddge Road, NW Roanoke, VA 24012 3070517 410 Carver Avenue, NE Stanley A. Eichelberger 410 Carver Avenue, NE Roanoke, VA 24012 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us May 8, 2002 File #28-51-373 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, the following matters have been advertised for public hearing on Monday, May 20, 2002, at 7:00 p.m., in the City Council Chamber: (1) Public hearing and receipt of bids on lease of property in East Gate Park for construction, maintenance and operation of a golf facility for use by the general public, under certain terms and conditions. (2) Request of the City of Roanoke, Calvin W. and Mary C. Powers, and Theodore J. and Judy P. Sutton that a tract of land lying generally west of Courtland Avenue, N. W., north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated as Official Tax Nos. 3070301-3070310, inclusive; 3070313-3070316, inclusive; 2041816 and 2041817 currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501,3070318 and 3070319 currently zoned C-2, General Commercial District, be rezoned to C-3, Central Business District. (3) Request of Cape Town, L. C., and Steven W. Morris that two tracts of land located on the southwest side of Roberts Road, S. W., identified as Official Tax Nos. 1290211 and 1290212, be rezoned from RS-3, Residential Single-Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner. The Honorable Mayor and Members of the Roanoke City Council May 8, 2002 Page 2 (4) Proposal of the City of Roanoke to lease an 8.5 acre, more or less, parcel of land located on the top of Mill Mountain, as described in Exhibit A to a Lease and Agreement dated January 1, 2002, to the Blue Ridge Zoological Society of Virginia, Inc., for a period of five years. (5) Proposal of the City of Roanoke to grant easements across City-owned property located between Wasena Park and 13th Street, S. W., to Appalachian Power Co., d/b/a American Electric Power, for the purpose of relocating and reconstructing existing electrical transmission and distribution lines, and to vacate existing easements in connection with the Roanoke River Flood Reduction Project. For your review prior to the May 20 public hearings, I am enclosing copy of the applicable City Planning Commission reports and/or other reports/documents pertaining to the public hearings. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Elizabeth A. Neu, Director of Economic Development Willard N. Claytor, Director, Real Estate Valuation William M. Hackworth, City Attorney, transmitted electronically by e-mail Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Steven C. Buschor, Director, Parks and Recreation Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Stephanie M. Moon, Deputy City Clerk Cindy M. Ayers, Executive Secretary, City Manager's Office, transmitted electronically by e-mail MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk®ci.roanoke.va.us May 8, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Roanoke Redevelopment and Housing Authority James W. Perdue Revocablb Trust Richard N. Ross James K. Bowers, Jr., and Antwone Dixon, et al Robert R. Young TLC Properties, Inc. Fred C. Ellis Trustees, First Baptist Church Shivam, L.L.C. Blue Eagle Partnership Jack E. May Family Trust Randall Sheetz Ernest D. Tate, Trustee Yolanda L. Bell Farrell Properties, L.T.D. Alice H. Baker Arthur C. Edwards Mr. and Mrs. Calvin W. Powers Southeastern Building Corp. Warren L. Baker, et als Stanley A. Eichelberger 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, May 20, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of the City of Roanoke, Calvin W. and Mary C. Powers, and Theodore J. and Judy P. Sutton that a tract of land lying generally west of Courtland Avenue, N. W., north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated as Official Tax Nos. 3070301-3070310, inclusive; 3070313-3070316, inclusive; 2041816 and 2041817 currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501, 3070318 and 3070319 currently zoned C-2, General Commercial District, be rezoned to C-3, Central Business District. The City Planning Commission is recommending that Council approve the request for rezoning. 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. Interested Property Owners and/or Adjoining Property Owners May 8, 2002 Page 2 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING RECEIVED COMMISSION CITY CLERKS OFF CF TO WHOM IT MAY CONCERN: '02 ttAR 32 A9:19 The City of Roanoke Planning Commission will hold a public hearing on Thursday, April 18, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the City of Roanoke, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton, that tracts of land lying generally west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated more specifically as Official Tax Nos. 3070301 through 3070310, inclusive; 3070313 through 3070316, inclusive; 2041816 and 2041817 currently zoned LM, Light Manufacturing District; and Official Tax Nos. 3070501,3070318 and 3070319, currently zoned C-2, General Commercial District, be rezoned to C-3, Central Business District. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April 2 and April 9, 2002 Please bill: Darlene L. Burcham, City Manager Room 164, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-2333 Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: RECEIVED CITY OLERHS 0FFtC.r- City of Roanoke, Calvin and Mary Powers, Theodore and Judy Sutton) Courtland Avenue, north of Orange and south of Sycamore, fr~fll] ~ ~FI~t:~T C-2 and LM to C-3 ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 18th day of March, 2002, notices of a public hearing to be held on the 18th day of April, 2002, on the rezoning captioned above to the owner or agent of the parcels listed below: Tax No. Property Address Property Owner 2040101 1823 Dunbar Street, NW Roanoke Redevelopment and Housing Authority P O Box 6359 Roanoke, VA 24017 2041315 1515 Dunbar Street, NW James W. Perdue Revocable Trust 1515 Dunbar Street, NW Roanoke, VA 24012 2041316 Dunbar Street, NW James W. Perdue 1515 Dunbar Street, NW Roanoke, VA 24012 2041317 Dunbar Street, NW Richard N. Ross 2041318 1824 Fremont Circle, NW Roanoke, VA 24017 2041319 Dunbar Street, NW James K. Bowers, Jr. Antwone Dixon, et al 3224 Trinkle Avenue, NW Roanoke, VA 24012 2041341 210 Carver Avenue, NW Robert R. Young 210 Carver Avenue, NW Roanoke, VA 24012 2041703 Carver Avenue, NW TLC Properties, Inc. c/o Ben R. Miller, Jr. P O Box 66338 Baton Rouge, LA 70896 2041815 Carver Avenue, NW Fred C. Ellis P O Box 12067 Roanoke, VA 24022 3020101 Orange Avenue, NE Trustees, First Baptist Church P O Box 2799 Roanoke, VA 24001 3020102 308 Orange Avenue, NE Shivam, LLC 308 Orange Avenue, NE Roanoke, VA 24012 3020117 326 Orange Avenue, NE Petitioner 3020118 316 Orange Avenue, NE Jack E. May Family Trust 1920 Royal Oak Drive Lynchburg, VA 24503 3020201 1212 Williamson Road, NE Randall Sheetz 3070901 Carver Avenue, NE 315 S. Stewart Street Winchester, VA 22601 3070103 Dunbar Street, NW Petitioner 3070104 3070120 3070121 3080433 1802 Courtland Road, NE 3070108 Lukens Street, NE Ernest D. Tate, Trustee 126 Overlook Circle Moneta, VA 24121 3070113 Dunbar Street, NW Yolanda L. Bell 1619 Dunbar Street, NW Roanoke, VA 24012 3070407 110 Wayne Street, NE Fan'ell Properties, LTD P O Box 12608 Roanoke, VA 24027 3070320 Courtland Avenue, NE Alice H. Baker 4101 Hazelridge Road, NW Roanoke, VA 24012 3070105 Lukens Street, NE Arthur C. Edwards 1127 Melrose Avenue, NW Roanoke, VA 24017 3070317 1502 Williamson Road, NE Petitioner 3070504 1330 Courtland Road, NE Southeastern Building Corp. 900 Ridgefield Drive, #250 Raleigh, NC 27609 3070512 Courtland Road, NE Warren L. Baker, et als 4101 Hazelridge Road, NW Roanoke, VA 24012 3070517 410 Carver Avenue, NE Stanley A. Eichelberger 410 Carver Avenue, NE Roanoke, VA 24012 Also sent to the following neighborhood leaders: Rick Williams, Doug Trout, Andy Friedman, and David Wood, WRAF; Linda Plunkett, WRABA Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 18th day of March, 2002. Notary Publ~ic My Commission expires: ~, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 14, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Robert B. Manetta, Chairperson .City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on March 13, 2002, from Darlene L. Burcham, City Manager, requesting that tracts of land lying generally west of Courtland Avenue, N. W., north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, and designated as Official Tax Nos. 3070301-3070310, inclusive, 3070313-3070316, inclusive, 2041816 and 2041817, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, and that Official Tax Nos. 3070501, 3070318, and 3070319 be rezoned from C-2, General Commercial District to C-3, Central Business District. Sincerely, C~M,C~~ Mary F. Parker, City Clerk MFP:mh Enclosures N:\CKMH l~Rezoning.02~C/ty of Roanoke. rezo ning .wi:x:l Robe~ B. Manetta March 14,2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022 Mr. and Mrs. Theodore J. Sutton, P. O. Box 12068, Roanoke, Virginia 24022 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMH l'~Rezoning.0L~City of Roanoke.rezoning wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #67-373 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burnham: I am attaching copy of Ordinance No. 35887-052002 authorizing the lease of certain City-owned property to the Blue Ridge Zoological Society of Virginia, Inc., located on Mill Mountain for a five-year term beginning January 1,2002, and ending December 31,2006, at a total lease fee of $50.00, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 20, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Parker, CMC City Clerk MFP:mh Attachment pc: Lynn H. Meyer, President, Blue Ridge Zoological Society of Virginia, P. O. Box 13484, Roanoke, Virginia 24034 Beth Poff, Executive Director, Blue Ridge Zoological Society of Virginia, P. O. Box 13484, Roanoke, Virginia 24034 Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Steven S. Buschor, Director, Roanoke Parks and Recreation H:',Agenda.02'~Vlay 20, 2002 correspondence (part ll).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35887-052002. AN ORDINANCE authorizing the lease of certain City-owned property to the Blue Ridge Zoological Society of Virginia, Inc, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public h~aring was held on May 20, 2002, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease agreement with the Blue Ridge Zoological Society of Virginia for the Mill Mountain Zoo located on Mill Mountain, for a five-year term beginning January 1, 2002, and ending December 31, 2006, at a total lease fee of $50.00, upon such terms and conditions as more particularly described in the City Manager's letter to Council dated May 20, 2002, and the lease attached thereto. 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. H:\ORDIN'ANC ES\O- LEAS EMiLLMiZOO. Wi~D Office of the City Manager May 20, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Honorable Honorable Honorable C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: Blue Ridge Zoological Society of Virginia, Inc., Lease and Agreement Background: The Blue Ridge Zoological Society of Virginia, Inc., (BRZSV), (formerly Mill Mountain Zoo, Inc.), was created in 1976 by the Roanoke Jaycees, Inc. to take over the operation of the Zoo. The original lease of the property for zoo purposes to Mill Mountain Zoo, Inc., was authorized on September 7, 1976. Considerations: The current five-year lease with BRZSV was authorized by Ordinance No. 33231-012197, and expired December 31, 2001. BRZSV has requested that the revised lease (Attachment A) be continued for a term of five (5) years, ending December 31, 2006. The lease shall provide for termination at any time with sixty (60) days written notice by either party and a total lease area of approximately 8.5 acres, which includes an additional 2.9 acres to complete the Mill Mountain Zoo's Master Plan. The rental rate of $10.00/yr is contingent upon the Mill Mountain Zoo continuing full accreditation from the American Zoo and Aquarium Association. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (~540) 853-1138 CityWeb:www. ci.roonoke.va.us Honorable Mayor and Members of Council May 20, 2002 Page 2 Recommended Action: Following a public hearing, authorize the City Manager to execute a Lease Agreement with BRZSV for the land occupied by the Zoo for a term of five (5) years, ending December 31, 2006, in a form approved by the City Attorney. Respectfully submitted, City Manager DLB/kj Attachment C~ Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation Lynn H. Meyer, President of Blue Ridge Zoological Society of Virginia Beth Poff, Executive Director of Blue Ridge Zoological Society of Virginia #CM02-00097 THIS LEASE AND AGREEMENT (hereinafter referred to as "Agreement"), made and entered into this the 1st day of January, 2002, by and between the CITY OF ROANOKE, hereinafter referred to as the "City", and BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC., hereinafter referred to as the "Lessee": WITNESSETIt: WHEREAS, the City is the owner of certain land located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," which heretofore was donated to the City for use and development as a recreational area for the general public; and WHEREAS, situate on the aforementioned land is a facility commonly known as "Mill Mountain Zoo;" and WHEREAS, Blue Ridge Zoological Society of Virginia, Inc., a non-profit organization, having offered to enter into an agreement with the City providing for its lease of the area in which the Mill Mountain Zoo is located and providing for the corporation's continued operation of the Mill Mountain Zoo, the City considers that such proposal would further the purposes for which the land is held by it. NOW, THEREFORE, the parties hereto enter into the following agreement concerning the operation, maintenance and leasing of the aforesaid Mill Mountain Zoo facility: 04/11/02 1. Leased Premises: This Agreement shall govem that certain parcel of land on the top of Mill Mountain described in, and attached to this Agreement as, Exhibit A, the description in such Exhibit A being incorporated by reference herein, and that certain facility thereon identified as Mill Mountain Zoo, together with all the improvements, equipment, supplies, tools and machinery located thereon, regardless of when made, added to, or placed on such parcel, and currently used in the operation of the Mill Mountain Zoo, such land, improvements and personalty being collectively referred to as the Premises. The Premises shall not include the miniature Zoo Choo train, its facilities, and equipment, the operation of which shall be governed by an agreement among the City, Blue Ridge Zoological Society of Virginia, Inc., and the Roanoke Jaycees, Inc., a copy of which is attached hereto as Exhibit B, or any amendment thereof, and incorporated herein, and all equipment, machinery and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not permanently attached to the real property of the City. Title to the Premises and any of the articles of the property owned by the City on the first (lst) day of this Agreement shall remain in the City. Furthermore, the Lessee will have reasonable and necessary rights of access to the Premises over adjacent property of the City. At the conclusion of this Agreement, the Lessee shall deliver to the City the Premises in the same condition as the Premises, or any additions thereto, were originally received, less normal wear and tear. 2. Consideration and Term: For and in consideration of the Lessee operating and maintaining a zoo for animals for the benefit of the general public ("Mill Mountain Zoo") and other good and valuable consideration, the sufficiency of which is acknowledged, 2 04/11/02 the City does hereby lease the Premises to the Lessee for the sum of Ten Dollars and No Cents ($10.00) per year payable annually in advance for the term commencing on the 1 st day of January, 2002, and ending on the 31st day of December, 2006, subject to the termination rights of the City and the Lessee as set forth below. 3. Termination: This Agreement may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party. 4. Services provided by City: The Lessee shall pay for all utilities, including water, sewer, septic, telephone, cable, gas and electricity, consumed or used by the Lessee. In the event the Lessee connects to the sanitary sewer system operated and maintained by the City, the cost of such connection, operation and maintenance shall be paid by Lessee. The City shall not be obligated hereunder to make any capital improvement or expenditure of any kind on the leased Premises, and the City shall be under no duty to repair or replace the Premises, or any part or portion thereof, during the term of this Agreement. The City shall provide a maximum of 35 hours tree maintenance and removal services per calendar year. The Lessee will be responsible for such services beyond 35 hours. The Lessee shall not remove any tree, or maintain any tree, on the Premises, until such removal or maintenance has been reviewed and approved in writing by the City's Urban Forester. 5. Insurance: The Lessee shall maintain in force and effect throughout the term of this Agreement commercial general liability insurance with limits of not less than One Million Dollars and No Cents ($1,000,000.00) combined single limit per occurrence 3 04/11/02 including death or personal injury and property damage, with the City and its officials, agents, employees and volunteers to be named as additional insureds with an endorsement from the insurer. A certificate of insurance, evidencing all insurance and coverages required by this Agreement, shall be attached as Exhibit C to this Agreement, and a current certificate of such insurance shall be maintained on file in the Office of the City Clerk of the City of Roanoke, Virginia, for each period of coverage upon the renewal of any such insurance. Lessee shall obtain and maintain during the term of this Agreement: (A) workers' compensation insurance coverage with limits in the statutorily required amounts; and (t3) employers' liability insurance coverage with minimum limits as follows: (i) (ii) (iii) $100,000 bodily injury by accident each occurrence, $500,000 bodily injury by disease (policy limit), and $100,000 bodily injury by disease (each employee). With respect to workers' compensation coverage, the Lessee's insurance company shall waive rights of subrogation against the City, its officers, employees, agents and volunteers. 6. Indemnification and Hold Harmless: The Lessee agrees to indemnify and hold harmless the City, its officers, agents, volunteers, and employees, from any and all claims, legal actions and judgments and for expenses incurred in this regard, arising out of the Lessee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the City to the Lessee in this Agreement. 4 04/11/02 7. Compliance with Law: The Lessee agrees to design, construct, operate and maintain the Premises and the Mill Mountain Zoo in compliance with all applicable laws, regulations and ordinances, and the Lessee agrees to employ and provide sufficient personnel for the proper operation of the Mill Mountain Zoo. The Lessee shall operate and maintain the Mill Mountain Zoo in a manner which meets the requirements of the American Zoo and Aquarium Association ("Association"), and the Lessee shall receive, and have effective, unconditional and full accreditation from the American Zoo and Aquarium Association ("AZA") during the entire term of this Agreement. A copy of any certificate or letter granting such accreditation, setting forth the term of accreditation, shall be forwarded to the Director of Parks and Recreation for the City of Roanoke within ten (10) business days after receipt of the same by Lessee. A copy of such letter or certificate in effect on the date of this Agreement shall be attached as Exhibit D to this Agreement. The rental rate of $10.00 per year is contingent upon the Lessee obtaining accreditation. If such accreditation is not granted, renewed, or otherwise in effect, for any reason, the rental rate will be five thousand ten dollars and no cents ($5,010.00) per year, payable on April 1st of the next calendar year this Agreement is in effect between the parties. If accreditation guidelines change before this Agreement expires or is terminated, making it difficult for the Lessee to maintain AZA accreditation, the yearly rental rate may be amended by mutual agreement of the parties in accordance with the terms of this Agreement. 8. Ownership of animals: The animals on hand at the commencement of this Agreement shall be the property of the Lessee and may be disposed of or sold by the Lessee 5 04/11/02 so long as the Premises are subject to this Agreement. Animals bom to or sired after the commencement of this Agreement, and all breeding interest therein or rights thereto shall be the property of the Lessee when the animals are born, sired or otherwise acquired. All animals purchased by the Lessee shall remain the property of the Lessee and may be sold or otherwise disposed of by said Lessee. The Lessee shall provide adequate care and housing for all animals upon and after the commencement of this Agreement. 9. Altering Premises by Lessee- The City agrees that the Lessee shall have the right to alter or remove existing and future improvements or facilities on the Premises, subject in all such cases, to the written approval of the City Manager of the City of Roanoke first obtained, and upon condition the City determines that any such activity is not detrimental to the City's overall development of Mill Mountain as a recreational area and subject further to the Lessee providing, prior to any construction or similar activity, such liability insurance and labor and material payment bonding as may be required by the City. The Lessee recognizes and agrees that there shall be no expansion of the boundaries of the Mill Mountain Zoo without prior approval of Roanoke City Council. 10. Additions to Premises. All facilities subsequently constructed by the Lessee and permanently attached to the real property owned by the City shall become the property of the City at the termination of this Agreement. All equipment, machinery and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not permanently attached to the real property of the City shall remain the property of the Lessee. 6 04/11/02 11. Concession: Subject to Exhibit B, the Lessee shall have the exclusive control of and right to all concession sales and revenue therefrom on the Premises during the term of this Agreement. 12. Operation of Mill Mountain Zoo: All matters of management, operation and policy for the Mill Mountain Zoo, including admissions charges, hours of operation and the like shall be in the discretion of the Lessee, subject to the rights of the City set out in Section No. 1 of this Agreement and Exhibit B reference therein, but the Lessee agrees to comply with all laws and ordinances applicable to the Premises and, in particular, with the City's ordinances, rules, and regulations relative to the use of Mill Mountain. Any applicable admissions taxes imposed, generally, by the City, the Commonwealth of Virginia or other governmental agencies having jurisdiction, shall be collected, reported, and accounted for, by the Lessee, and paid to the City, as provided by general ordinance or law. 13. Compliance with environmental protection laws: (a) The Lessee covenants and agrees to design, construct, maintain and operate the Premises and the Mill Mountain Zoo strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.S.C. §9601), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, applicable water and sewer regulations, and erosion and sedimentation control 7 04/11/02 (collectively, "Environmental Law"). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Mill Mountain Zoo. (b) The Lessee covenants that it shall indemnify, defend and hold the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from all response costs, damages, expenses, claims, fines and penalties incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders as the result of any violation by Lessee, or any predecessor in interest to or any person acting with permission of Lessee of any Environmental Law or as the result of any necessary repair, cleanup, closure or detoxification of the property upon which the Mill Mountain Zoo is located or upon land in the vicinity of the Mill Mountain Zoo if due to conditions caused by the Lessee, predecessor in interest to or any person acting with permission of Lessee, or as a result of a misrepresentation made by the City based upon information supplied by the Lessee to the City. These provisions in this section shall survive the termination of this Agreement. (c) The Lessee shall immediately notify and advise the City of (i) any and all enforcement, cleanup, removal, investigation or other governmental or regulatory actions instituted or threatened against the Lessee with respect to any Environmental Law applicable to the Zoo, and (ii) any and all claims made or threatened by any third person against the City, or the Lessee relating to any Environmental Law applicable to the City or the Lessee, 8 04/11/02 or the Mill Mountain Zoo or to injury to any person or property because of a Hazardous Substance on or from the Mill Mountain Zoo. (d) The Lessee hereby grants and gives to the City, its agents and employees the right and license to enter the Mill Mountain Zoo, without notice, at any reasonable time to inspect the Mill Mountain Zoo or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Mill Mountain Zoo to satisfy the City that the Mill Mountain Zoo is free from environmental contaminations and hazards. The City may employ engineers to conduct such investigations on the City's behalf, and the Lessee shall give to such engineers the same rights and licenses as the City may have pursuant to this Section. The Lessee shall from time to time and upon the request of the City, give to the City or to whomever the City may designate such assurances as may be necessary to show that the Mill Mountain Zoo is in compliance with any and all Environmental Law. The City shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the City's exercise of its rights under this Section. (e) At the commencement date of this Agreement, and on January 1 of each year thereafter (all such dates being hereinafter called "Disclosure Dates"), including January 1 of the year after the termination of this Agreement, the Lessee shall disclose in writing to the City Manager and the Environmental Specialist for the City of Roanoke, 215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011, the names and amounts of all Hazardous Substances, which were stored, used or disposed of at the Mill Mountain Zoo, or 9 04/11/02 which the Lessee intends to store, use or dispose of at the Mill Mountain Zoo, for the year prior to and after each Disclosure Date. The City, in its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Law. 14. Removal of Structures and Animals: (a) At the expiration or termination of the Agreement, if it becomes necessary to remove structures on the premises, or to dispose of, or transfer animals, Lessee agrees to remove such structures, or dispose of, or transfer such animals at its own expense within a reasonable time after notice from the City. All demolition and related work, and all disposition or transfer of animals, shall be done diligently and in conformity with all legal and safety requirements, in a good and workmanlike manner, and in accordance with any reasonable standards required by the City. (b) In the event that the Agreement is terminated by either party at any time, or in the event that the Agreement lapses by its own terms, the Lessee will take on the responsibility of properly closing the Zoo and maintaining, relocating or selling in a proper manner the collection of animals acquired or maintained by the Lessee at the time of termination or lapse. Such relocation or sale of animals shall take place in accordance with the guidelines and regulations promulgated by the American Zoo and Aquarium Association 10 04/11/02 and the United States Department of Agriculture in effect at the time of such termination or lapse. 15. Assignment of Lease: The Lessee shall have no right to assign or sublet the Premises, or any portion thereof, to any other party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. If such consent is given, however, it is with the understanding that notwithstanding the sublease or assignment, the Lessee shall, nevertheless remain liable to the City pursuant to the provisions in this Agreement. The Lessee shall deliver a fully-executed copy of any permitted assignment or sublease to the City immediately upon its execution. In the event the City consents to an assignment or sublease, such consent shall not approve future subleases or assignments of all or any portion of the Premises, which right is specifically reserved. 16. Non-Discrimination: During the performance of this Agreement, the Lessee agrees as follows: (a) The Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Lessee. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 11 04/11/02 (b) The Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, will state that such Lessee is an equal opportunity employer. (c) Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) The Lessee will include the provisions of the foregoing subsections 16(a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 17. The Lessee will: (i) provide a drug-free workplace for the Lessee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Lessee that the Lessee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 12 04/11/02 18. Negotiation: This Agreement has been fully negotiated by and between the parties and shall be construed as if both parties had an equal responsibility in the drafting hereof. 19. Entire Agreement: This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by both parties. 20. Successors: Except as otherwise specifically provided herein, the terms and provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. 21. No Waiver: No failure of any party to insist upon strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. 22. Notice: Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed to have been given when mailed by United States Registered Mail, postage prepaid, to the other party at the address stated below. To the City: To the Lessee: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Blue Ridge Zoological Society of Virginia, Inc. C/O 13 04/11/02 IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first hereinabove written: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager ATTEST: BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC. By. By Secretary President Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Agree-SJT\L- zooblueridge 04/04/02 1 4 04 / 11 / 02 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY PARKS 210 RESERVE AVE SW ROANOKE VA 24016 REFERENCE: 80035881 01903008 Mill Mountain State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn andgubscri~ed b~fore me this ,day of May~0~.~_... ~ . ./ ~ .-, .- .3~ss~y ha~d and official sea~_~__~~'-- , Notary Public My commission expires ..... ~_~_~__~_~_ ..... . PUBLISHED ON: 05/12 TOTAL COST: 137.76 FILED ON: 05/16/02 .................................................. 4- ........................... u or,z. Signature: , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease of an 8.5 acre, more or less, parcel of land located on top of Mill Mountain, as described in Exhibit A to a Lease and Agreement dated January 1, 2002, to the Blue Ridge Zoological Society of Virginia, Inc., for a period of five (5) years. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on May 20, 2002, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the Lease and Agreement, including all Exhibits, dated January 1, 2002, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, May 16, 2002. GIVEN under my hand this 7th day of May ,2002. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, May 12, 2002. H:LNOTICESXNL-M1LLMT.ZOO052002.WPD Note to Publisher: Please publish once in The Roanoke Times on Sunday, May 12, 2002. Send Publisher's Affidavit to: Send Bill to: Mary F. Parker, City Clerk 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2541 Steven Buschor, Director 210 Reserve Avenue, S. W. Roanoke, Virginia 24016 (540) 853-2236 DOCUMENT4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #24-79-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35850-052002 amending §32-217, Levied rate, Article IX, Admissions tax, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, in order to increase admissions tax on the stated admission charge to any place of amusement or entertainment from 5 per cent to 6.5 per cent, effective July 1, 2002. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a special meeting which was held on Monday, May 13, 2002, adopted on its second reading on Monday, May 20, 2002. Sincerely, City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agenda.02X, May 20, 2002 correspondence (part ll).wpd Darlene L. Burcham May 23, 2002 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable David C. Anderson, City Treasurer Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget George C. Snead, Jr., Assistant City Manager for Operations James M. Evans, Director, Civic Facilities Dana D. Long, Manager, Billings and Collections H:~Agenda.02~,lay 20, 2002 correspondence (part II).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35850-052002. AN ORDINANCE amending {}32-217, Levied rate~ of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the admissions tax on the stated admission charge to any place of amusement or entertainment from five (5) percent to six and one-half (6.5) percent; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-217, Levied rate, of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: {}32-217. Levied rate. A tax on the amount paid for the admission to any place of amusement or entertainment is hereby levied upon and shall be collected from every person who pays an admission charge to such place. The rate of this tax shall be six and one-half (6.5) percent of the stated admission charge for each person admitted or for each ticket sold. Except as otherwise provided in section 32-218, ifanyperson is admitted free to any place of amusement or entertainment at any time when an admission charge is made to other persons, an equivalent tax is hereby levied upon, and shall be collected from, such person so admitted free of an admission charge, which tax shall be based on the price charged to such other persons of the same class for the same or similar accommodations. Pursuant to {}12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. H:hMEAS URES\O-AMCIGTAXDiSCOUNT. 1 o This ordinance shall be in full force on and after July 1, 2002. ATTEST: City Clerk. H:~/IEAS URES\O-AMCIGTAXDISCOUNT. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 23, 2002 File #51-60-252-289 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35851-052002 amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, effective July 1, 2002. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a special meeting which was held on Monday, May 13, 2002, adopted on its second reading on Monday, May 20, 2002. Sincerely, City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Evelyn D. Dorsey, Zoning Administrator Linda L. Leedy, Secretary, Board of Zoning Appeals Martha P. Franklin, Secretary, City Planning Commission Dana D. Long, Manager, Billings and Collections H:~A. genda.02~v~ay 20, 2002 correspondence (part ll).wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of blay, 2002. No. 35851-052002. AN ORDINANCE amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, dispensing with the second reading of this ordinance; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subdivision and Zoning fees shall be amended to include the following: $500.00 Amendment to conditions of a conditional rezoning $250.00 Appeal to the Board of Zoning Appeals of the zoning administrator's decision $100.00 Application for a special exception from the Board of Zoning Appeals for a parcel which is zoned for a residential use $200.00 Application for a special exception from the Board of Zoning Appeals for a parcel which is zoned for a commercial use $190.00 Application for a variance from the Board of Zoning Appeals $500.00, plus $75.00 per acre, or any portion thereof Review of a comprehensive development plan $40O.O0, plus $25.00 per acre, or any portion thereof Application for rezoning to a single family residential district designation I:\CLERKLMAY 13TH DOCUMENTS\O-FEESZONINGSUBWiTHOUTOSECONDREADING.DOC $800.00, plus $25.00 per acre, or any portion thereof Application for rezoning to a multi-family residential district designation $900.00, plus $25.00 per acre, or any portion thereof Application for a rezoning to a commercial district designation $1,000.00, plus $25.00 per acre, or any portion thereof Application for a rezoning designation to a planned unit development $100.00, plus $25.00 per acre, or any portion thereof Application for zoning a parcel to historic district designation $25.O0 $150.00 $50.00, for 1-3 lots; $220.00, plus 3 lots Application for review of Basic Development Plan and a zoning permit Application for zoning verification Review of subdivision plat I:\CLERKLMAY 13TH DOCUMENTS\O-FEESZONINGSUBWiTHOUTOSECONDREADiNG.DOC 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees with regard to subdivision and zoning fees. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 4. The fees established by this Ordinance shall remain in effect until amended by this Council. 5. Pursuant to §12 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance shall be in full force and effect on July 1, 2002. ATTEST: City Clerk. I:\CLERK'LMAY 13TH DOCUMENTS\O-FEESZONINGSUBWITHOUTOSECONDREADiNG.DOC