Please click the links below to access the Council Agenda and Reports:
1. Council Agenda And Reports
Documents:
CAR 10-21-19.PDF MINS 09-16-19.PDF
2. Council Action Agenda
Documents:
AG 10-21-19.PDF
NOTICE:
The Full Agenda consists of scanned images of only those reports and communications submitted to the City Clerk before the deadline established for such agenda and will not include any matter or item brought before Council for consideration at the meeting.
The original documents are available for inspection in the Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011.
To receive the City Council agenda (without reports) automatically via e-mail, contact the Office of the City Clerk at [email protected] or (540) 853-2541.
The records of City Council and City Clerk's Office will be maintained pursuant to Section 42.1-82 of the Code of Virginia (1950), as amended, and the Commonwealth of Virginia, Library of Virginia Records Management and Imaging Services Division, Records Retention and Disposition Schedules, for compliance with Guidelines provided by the Library of Virginia. ROANOKE CITY COUNCIL REGULAR SESSION
OCTOBER 21,2019 2:00 P.M.
CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W.
AGENDA
1. Call to Order--Roll Call.
The Invocation will be delivered by The Reverend Whitney Burton, Associate Pastor, St. John's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE:
This afternoon's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, October 25 at 7:00 p.m., and Sunday, October 27 at 4:00p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
The Council of the City of Roanoke is seeking applications for the following current vacancies and/or upcoming expirations of terms of office:
Architectural Review Board -one vacancy Building and Fire Board of Appeals- one vacancy Mill Mountain Advisory Board -one vacancy Roanoke Public Library Board - one vacancy Roanoke Valley-Alleghany Regional Commission - one vacancy
1 Access the City's homepage to complete an online application for the abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate.
4. CONSENT AGENDA:
All matters listed under the Consent Agenda are considered routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately.
C-1 Minutes of the regular meeting of City Council held on Monday, September 16, 2019.
RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded.
C-2 A communication from the City Clerk advising of the resignation of Courtney Campbell as a Citizen representative of the Roanoke Valley-Alleghany Regional Commission, effective immediately.
RECOMMENDED ACTION: Accept the resignation and receive and file the communication.
C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately 2.96 acres of City-owned property located at 2607 Salem Turnpike, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
2 C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately 0.018 acres of City-owned property located at 715 Franklin Road, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1 950), as amended.
RECOMMENDED ACTION: Concur in the request.
C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately .510 acres of City-owned property located at 2202 Countryside Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
C-6 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigation posture of the City, pursuant to Section 2.2-3711 (A)(?), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
C-7 A communication from Council Member Michelle L. Davis, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection process for a City Clerk, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
C-8 Reports of qualification of the following individuals:
J. Frederick Gusler as a Citizen representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term of office ending June 30, 2021;
Kevin Earl as a member (Citizen at Large) of the Architectural Review Board to fill the unexpired term of office of Anne Beckett ending October 1, 2022;
3 Jamaal Jackson and Cindy Pasternak for a three-year term of office, each, commencing October 1, 2019 and ending September 30, 2022; and Katelynn Lewis for a two-year term of office commencing October 1 and ending September 30, 2021 as members of the Roanoke Neighborhood Advocates;
Stephanie S. Wyatt-Jones as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office, commencing October 21, 2019 and ending October 20, 2023;
Jeffrey A. Robertson as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2022; and
Melanie Morris as a Citizen at Large representative of the Youth Services Citizen Board for a term ending June 30, 2022.
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Share information about activities in connection with the Williamson Road Area Business Association Restaurant Week. Valerie Brown, Executive Director, Spokesperson. (Sponsored by Mayor Lea and Vice-Mayor Cobb)
b. Share information about activities and initiatives with regard to The Least of These Ministry. Dawn Sandoval, Founder, Spokesperson. (Sponsored by Mayor Lea and Council Member White-Boyd)
c. Presentation with regard to Work Force Development activities of the Work Force Development Board and Virginia Employment Commission. Morgan Romeo, Executive Director, Equal Opportunity Officer, Workforce Development Board; Michelle Brennan, One-Stop Coordinator; and Katherine Holcomb, Manager, Virginia Employment Commission, Spokespersons. (Sponsored by the City Manager)
4 d. A communication from the Honorable Timothy Allen, City Sheriff, recommending acceptance of the State Criminal Alien Assistance Program Grant from the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security; and a communication from the City Manager concurring in the recommendation.
e. A communication from Mayor Sherman P. Lea, Sr., requesting further dialogue with regard to changing the Municipal Election date from May to November.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the FY2020 Bulletproof Vest Partnership Grant Award from the United States Department of Justice.
2. Acceptance of the FY2019 State Homeland Security Program Grant from the U.S. Department of Homeland Security Federal Emergency Management Agency.
3. Acceptance of a monetary donation from Branch Management Corporation as part of the City's Beautify Roanoke Interchanges Through Enhancement Program for landscaping at the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard.
4. Acceptance of "pass through" funds from the Virginia Department of Emergency Management to assist the Hazardous Materials Response Team with hazardous materials emergency responses and training and development.
5. Authorization for acquisition of real property rights in connection with the Brymoor Road, S. W. Stormwater Improvement Project.
6. Authorization for acquisition of real property rights as part of the Stormwater Utility Flood Mitigation Program.
5 7. Authorization to increase funding level to be reserved for FY2019 Payroll Accrual.
8. Execution of an Amendment No. 3 to the Agreement for Purchase and Sale of Real Property for development of a downtown parking facility and hotel at 116 and 120 Church Avenue, S. E.
9. Authorization for issuance of General Obligation Public Improvement Refunding Bonds.
COMMENTS OF THE CITY MANAGER.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees appointed by Council.
12. RECESS.
THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER RECONVENE 7:00 P.M., IN THE COUNCIL CHAMBER.
6 ROANOKE CITY COUNCIL REGULAR SESSION
OCTOBER 21, 2019 7:00 P.M.
CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W.
AGENDA
Call to Order--Roll Call.
The Invocation will be delivered by The Reverend David Sesay, Pastor, House of Love International Ministry.
The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, October 25 at 7:00 p.m., and Sunday, October 27 at 4:00p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired.
7 A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Taylor Pusha, Finalist, Food Network's Kids Baking Championship.
Presentation by the Roanoke Preservation Alliance regarding the issues of vaping on youth in the City of Roanoke and the Region.
B. PUBLIC HEARINGS:
1. Request of Trustees of New Hope Christian Church to repeal all conditions proffered as part of a previous rezoning on property located at 0 Van Winkle Road, S. W., and 4628 Old Rocky Mount Road, S. W., respectively; to rezone 4209 Welcome Valley Road, S. E., 0 Van Winkle Road, S. W., and 4628 Old Rocky Mount Road, S. W., respectively, from Residential Single-Family District, and Heavy Industrial District, with conditions, to Institutional Planned Unit Development; and to amend the Planned Unit Development Plan for 4229 Welcome Valley Road, S. E., currently zoned Institutional Planned Unit Development District. Simon Rutrough, Spokesperson.
2. Request of Yousef Alamouri to rezone property located at 3805 Melrose Avenue, N. W., from Institutional District, to Commercial-Neighborhood District. Yousef Alamouri, Spokesperson.
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate.
D. RECESS.
THE COUNCIL MEETING WILL STAND IN RECESS UNTIL MONDAY, OCTOBER 28, 2019 AT 8:30A.M., IN THE COMMUNITY ROOM, MELROSE BRANCH LIBRARY, 2502 MELROSE AVENUE, N. W., SUITE D, FOR THE ANNUAL PLANNING BUDGET RETREAT.
8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ roanokeva.gov STEPHANIE M. MOON REYNOLDS, MMC CECELIA F. MCCOY, CMC City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk
October 21, 2019
The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia
Dear Mayor Lea and Members of Council:
This is to advise that Courtney Campbell has tendered her resignation as a member of the Roanoke Valley-Alleghany Regional Commission, effective immediately.
Sincerely,
i}tQ~fh. ~~"oQJ 4- stephanie M. Moon Reynolds~ ~MC City Clerk C-J
CITY COUNCil AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the disposition of approximately 2.96 acres of City-owned property, located at 2607 Salem Turnpike, N.W., and bearing Official Tax Map No. 2420206, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-37ll.A.3, Code of Virginia (1950), as amended.
Robert . Cowell, Jr. City Manager
Distribution: Council Appointed Officers c-1 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the disposition of approximately 0.018 acres of City-owned property, located at 715 Franklin Road, S.W., and bearing Official Tax Map No. 1020233, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended.
RobertS. Cowell, Jr. City Manager
Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21,2019 Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the disposition of approximately .510 acres of City-owned property located at 2202 Countryside Road, N.W. bearing Official Tax Map No. 6431 502 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371l.A.3, Code of Virginia (1950), as amended.
~-~------Robert 5. Cowell, Jr. City Manager
Distribution: Council Appointed Officers CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW Timothy R. Spencer ROANOKE, VIRGINIA 24011-1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-24 31 Laura M. Carini City Attorney FAX 540-853-1221 Douglas P. Barber, Jr. EMAIL cityatty@roanoke\·a.goy Assistant City Attorneys
October 21, 2019
The Honorable Mayor and Members of City Council Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
This is to request that City Council convene a closed meeting pursuant to Sec. 2.2-371l.A.7, Code of Virginia, to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body.
With kindest personal regards, I am
DJC/lsc c: Robert S. Cowell, Jr., City Manager Stephanie Moon Reynolds, City Clerk CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SHERMAN P. LEA, SR. Council Members Email: [email protected] Mayor William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White-Boyd
October 21, 2019
The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the selection process for a City Clerk, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended.
Sincerely, ~~~ Michelle L. Davis, Chair City Council Personnel Committee
MLD:ctw to. a. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SHERMAN P. LEA, SR. Council Members Email: [email protected] Mayor William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White-Boyd October 21, 2019
The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia
Dear Vice-Mayor Cobb and Members of Council:
We jointly sponsor a request of Valerie Brown, Executive Director, Williamson Road Area Business Association (WRABA), to present information with regard to the Williamson Road Area Business Association Restaurant Week, at the regular meeting of City Council to be held on Monday, October 21, 2019, at 2:00p.m.
Sincerely,
Sherman P. Lea, Sr. Mayor ~a--~ Joseph L. Cobb Vice-Mayor
SPL/JLC:ctw lrl. b. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SHERMAN P. LEA, SR. Council Members Email: [email protected] Mayor William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White-Boyd October 21, 2019
The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia
Dear Vice-Mayor Cobb and Members of Council:
We jointly sponsor a request of Dawn Sandoval, Founder, The Least of These Ministry Williamson, to present information with regard to the ministry's activities and initiatives, at the regular meeting of City Council to be held on Monday, October 21, 2019, at 2:00 p.m.
Sincerely, ~~?t~. Sherman P. Lea, Sr. Mayor
v~ V-k/£-l!r'- Patricia White-Boyd Council Member
SPLIPWB:ctw (o, C.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Presentation Regarding Work Force Development Activities of the Work Force Development Board and Virginia Employment Commission
I would like to sponsor a presentation by Morgan Romeo, Executive Director of the Workforce Development Board, Michelle Brennan, One-Stop Coordinator, and Katherine Holcomb, Manager, Virginia Employment Commission regarding workforce development and support activities in the City and the Region.
Robert S. Cowell Jr. City Manager
Distribution: Council Appointed Officers 6.d. CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 21,2019
Subject: State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant
Background:
SCAAP is administered by the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U.S. Department of Homeland Security. SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law. These guidelines apply to those individuals who were incarcerated for at least four consecutive days during the reporting period.
Considerations:
On October 3, 2019 the Sheriff's Office was awarded $8,364.00 in grant funding. There is no required match for this program. In order to comply with grant requirements, all awarded funding will be used to partially fund the purchase of a new inmate transport vehicle. The new vehicle will replace an older model in the city fleet and shall be utilized to transport offenders.
Recommended Action:
Accept the SCAAP Reimbursement Grant described above and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $8,364 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance.
Timothy A. Allen Sheriff
Distribution: Council Appointed Officers RobertS. Cowell Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant
I concur with the recommendation from Sheriff Timothy A. Allen to accept funding from the U.S. Department of Homeland Security in the amount of $.8,364 to partially support the purchase of a new inmate transport vehicle. I further recommend adopting the accompanying budget ordinance to establish a revenue estimate of $8,364 in the Grant Fund, and to appropriate the same into an account to be established by the Director of Finance.
Robert S. Cowell, Jr. City Manager
Distribution: Council Appointed Officers The Honorable Timothy A. Allen, Sheriff Amelia C. Merchant, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program
(SCAAP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice
Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
I. The City Manager is hereby authorized on behalf of the City to accept the State
Criminal Alien Assistance Program (SCAAP) Grant in the amount of $8,364.00, with no local match required, to the Roanoke City Sheriffs Department to partially fund the purchase of a new inmate transport vehicle. Such grant being more particularly described in the City Council
Agenda Report dated October 21,2019.
2. The Sheriff and the City Manager are hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant.
ATTEST:
City Clerk.
2019 SCAAP Grant Approval 10.21.19.doc (' ' '[' ,·<'../
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2019-2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019-2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Vehicular Equipment 35-140-5929-9010 $8,364
Revenues SCAAP FY20 35-140-5929-5928 8,364
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. CITY OF ROANOKE OFFICE OF THE MAYOR 2!5 CHURCH AVENUE. S.W.. SUITE 452 ROANOKE. VIRGINIA 240 l!-!594 TELEPHONE: (5~0) X53-2~~4 FAX: (540)g53-Jq5 SHERMAN P. LEA, SR. EMAIL MAYOR:a ROANOKEVA GOY Mayor
October 21, 2019
The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia
Dear Members of Council:
This is to request continuation of discussion, from the October 10 City Council Meeting, with regard to a change in the municipal election date.
Sincerely, ~-"'<. t ( Sherman P. Lea, Sr. CA. d11 · Mayor
SPL:ctw 7. q .l.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: FY 2020 Bulletproof Vest Partnership Grant Award
Background:
The United States Department of justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies.
The City of Roanoke has been awarded $1 7,506.87 in FY 2020 funding. The Police Department was awarded $14,1 79 to purchase 36 concealable primary use bullet resistant vests. The Sheriff's Office was awarded $3,328 to purchase 11 concealable primary use bullet resistant vests. The required in-kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget.
Recommended Action:
Accept the FY 2020 Bulletproof Vest Partnership Grant Award described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $14,179 and the Sheriff's Office in the amount of $3,328, into accounts to be established by the Director of Finance in the Grant Fund. WI/ -----~------RobertS. Cowell, Jr. City Manager Distribution: Council Appointed Officers The Honorable Tim Allen, Roanoke City Sheriff R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police 7.a.t.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION authorizing the acceptance of the FY20 Bulletproof Vest Partnership
Grant Award made to the City by the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the FY20 Bulletproof Vest Partnership
Grant Award by the United States Department of Justice, in the total amount of $17,507 with (i)
$14,179 to the Police Department to purchase 36 concealable primary use bullet resistant vests, and (ii) $3,328 to the Roanoke City Sheriffs Department to purchase 11 concealable primary use bullet resistant vests. The required in-kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget, upon the terms, provisions and conditions relating to the receipt of such grant funds. Such grant being more fully described in the City Council
Agenda Report dated October 21,2019.
2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant.
ATTEST:
City Clerk.
R-BulletproofVest Partnership FY20.doc I.a.(.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2019-2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019-2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Bulletproof Vest - Sheriff 35-640-3820-2322 $ 3,328 Bulletproof Vest - Police 35-640-3820-2323 14,179
Revenues Bulletproof Vest FY20 35-640-3820-3819 21,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:
City Clerk. 7.o.J.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: State Homeland Security Program FY19 Grant Award
Background:
The Virginia Department of Emergency Management (VDEM) is the distributing agency for State Homeland Security Program (SHSP) grant funding from the U. S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). The purpose of the SHSP is to award grants to states to assist state and local governments in support of the implementation of Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
On October 7, 2019, VDEM awarded the City of Roanoke $45,750 through its FY 2019 SHSP grant program. The SHSP grant funding will allow the Roanoke Police Department to purchase night vision devices that provide thermal imaging and light amplification. The equipment will better enhance the safety of officers and citizens. There is no local funding match required for this grant.
Recommended Action:
Accept the State Homeland Security Program FYl 9 grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $45,750 and appropriate funding of the same amount into an account to be established by the Director of Finance in the Grant Fund.
RobertS. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police
2 JEFFREY D. STERN, Ph.D. JOHN NORTHON State Coordinator Deputy State Coordinator- Disaster Services
CURTIS C BROWN ANDRES ALVAREZ Chief Deputy State Coordinator/ Deputy State Coordinator- Mission Support Chief Diversity and Inclusion Officer
COMMONWEALTH of VIRGINIA Department ofEmergency Management 10501 Trade Court North Chesterfield, Virginia 23236-3713 Tel: (804) 897-6500 TDD (804) 674-2417 FAX (804) 897-6506
October 07, 2019
Mr.Robert Cowell City Manager Roanoke City 215 Church Ave. SW Room 364 Roanoke, VA 24011
RE: FY 2019 State Homeland Security Program Grant (SHSP)
Dear Mr. Cowell:
The Virginia Department of Emergency Management (VDEM) is pleased to announce the allocation of a 2019 State Homeland Security Program Grant (SHSP) Assistance Listings No. 97.067 from the U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). Appropriation authority for this program is The Department ofHomeland Security Appropriations Act, 2019 (Public Law 116-6). Your locality has been allocated funding for:
EGMS Award Title: FY 19 SHSP Law Enforcement Proposal Title: Increasing Officer Safety Wellness and Reducing Capability Gaps during Night Operations Federal Grant Allocation: $45,750.00 Subrecipient's Required Cost Share/Match Amount: N/A Total Grant Award: $45,750.00 Obligation Period: October 01, 2019 to June 30, 2021
*This letter serves as notification of your allocation and is not an authorization to incur expenditures. Funds will be formally awarded to your locality through a Grant Agreement issued by VDEM upon its satisfactory review of your application package submission and approval of a budget application in VDEM's electronic Grants Management System (eGMS).* You must initiate these steps, described under Accessing Your Allocation, within 30 days from the date of this notification.
Saving lives through effective emergency management and homeland .\·ecurity. "A Reat~)' Virginia is a Resilient Virginia." Mr.Robert Cowell Page 2 of6 October 07,2019
OPT-Out Notice
Complete and return this form via email to: vdemgrants(£Yvdem.virginia.gov with the subject line: ""OPT-Out Notice", before November 7, 2019.
I do not want to be a recipient of the SHSP funds at this time, but reserve the right to enter the program next fiscal year.
Please note that your decision will not be made effective until November 7, 2019.
PRINT Name: ------
Signature: ------Date: MM/DD/YYYY CITY/TOWN or COUNTY OFFICIAL
Program Objectives
The objective of the State Homeland Security Program is to assist state and local preparedness activities that address high-priority preparedness gaps across all core capabilities that support terrorism preparedness. All supported investments are based on capability targets and gaps identified during the Threat and Hazard Identification and Risk Assessment (THIRA) process, and assessed in the State Preparedness Report (SPR).
The FY 2019 Homeland Security Grant Program (HSGP) supports state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. References to these priorities can be found throughout this document. The FY 2019 HSGP provides funding to implement investments that enhance terrorism preparedness and serve to build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The allowable costs under FY 2019 HSGP support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery.
Important A ward Terms and Conditions
Subrecipients must comply with the following federal requirements: • FY 2019 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity Homeland Security Grant Program (HSGP) NOFO • Department of Homeland Security Standard Terms and Conditions for 2019 DHS Standard Terms and Conditions • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR Part 200 Uniform Administrative Requirements
Saving lives through effective emergency management and homeland security. "A Rem~)' Virginia is a Resilient Virginia." Mr. Robert Cowell Page 3 of6 October 07,2019
Management and Administration (M&A) Your local emergency management agency may retain and use up to five percent of the award for local management and administration purposes. M&A activities are those directly related to managing and administering SHSP Program funds, such as financial management and monitoring. It should be noted that salaries of local emergency managers are not typically categorized as M&A, unless the local emergency management agency chooses to assign personnel to specific M&A activities.
Indirect (Facilities & Administrative [F&A}) Costs Indirect costs are allowable under this program, as described in 2 C.F.R. § 200.414. With the exception of recipients who have never received a negotiated, indirect cost rate as described in 2 C.F.R. § 200.414(£), recipients must have an approved indirect cost rate agreement with their cognizant Federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant Federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award.
Accessing Your Allocation
To access your allocation, you must complete the following steps within 30 days from the date of this notification:
Step 1: Log in to the VDEM electronic Grants Management System (eGMS) at https:/ /www. ttegms.com/virginia/login.cfm to download your subaward acceptance documents from the home page. Re-upload all required forms to eGMS. Read how to upload required forms by clicking here to view the home page of your eGMS user account. Below is the list of required items that comprise the VD EM subaward acceptance package: • Application Checklist [cover sheet] • SHSP Proposal Form • Online Budget (to be built and submitted in eGMS) • Points of Contact (POC) Form • FEMA Environmental and Historic Preservation (EHP) Screening Form o All projects must comply with EHP requirements. Subrecipients must not obligate and/or expend any (federal and/or non-federal matching) funds on any project having the potential to impact environments planning and historical preservation resources without the prior approval of FEMA. For more information, please visit http://www.vaemergency.gov/em-community/grants/ or contact your Grants Administrator. • Grant Assurances Form • FEMA 20-16C Form • SF-LLL- Certification Regarding Lobbying Form
Saving lives through effective emergency management and homeland security. "A Re(f{(l' Vir~:inia is a Re.\·ilient Vir~:inia." Mr.Robert Cowell Page 4 of6 October 07, 2019
• **Federally Negotiated Indirect Cost Rate Agreement- [**Only required if you intend to charge indirect costs. Must be valid for the period of performance and federally signed]
Step 2: Log in to the VDEM electronic Grants Management System (eGMS) at https://www.ttegms.com/virginia/login.cfm to complete and submit a budget application for your allocation. If you do not have access to eGMS, please contact your Grants Administrator. [Click on Grant Management, Budget Application, from the drop-down menu. Click the link named 2019 State Homeland Security Program Grant (SHSP) to complete your budget application.]
Following review and approval of the budget by the Grants Administrator, notification will be sent through an eGMS automated email message to the subrecipient point of contact entered in the budget application.
Reporting Subrecipients are obligated to submit Quarterly Progress Reports as a condition of their subaward. Quarterly progress reports must be uploaded directly into your eGMS account within 15 days following the end of the quarter. The schedule for reporting is as follows:
Timetable and Deadlines for 2019 HSGP Progress Reporting (includes SHSP, UASI and NSGP subawards): [Quarter 1 of7] Time Period: September 1, 2019 to November 30,2019 Quarter 1 Report Due: On or Before December 15, 2019 [Quarter 2 of7] Time Period: December 1, 2019 to February 28, 2020 Quarter 2 Report Due: On or Before March 15, 2020 [Quarter 3 of 7] Time Period: March 1, 2020 to May 31, 2020 Quarter 3 Report Due: On or Before June 15, 2020 [Quarter 4 of 7] Time Period: June I, 2020 to August 31, 2020 Quarter 4 Report Due: On or Before September 15, 2020 [Quarter 5 of7] Time Period: September 1, 2020 to November 30,2020 Quarter 5 Report Due: On or Before December 15, 2020 [Quarter 6 of 7] Time Period: December 1, 2020 to February 28, 2021 Quarter 6 Report Due: On or Before March 15, 2021 [Quarter 7 of 7] Time Period: March 1, 2021 to May 31, 2021 Quarter 7 Report Due: On or Before June 15, 2021
HSGP Final Progress Reports: Due: On or Before July 30, 2021
Within 30 days following the end of the period of performance, subrecipients must upload a Final Progress Report detailing all accomplishments throughout the period of performance into their eGMS account. After these reports have been submitted, reviewed and approved by the Grants Office and Chief Regional Coordinators, a close-out notice will be issued which will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the record retention requirements for grant records. The subrecipient
Saving lh•es through e.flective emergency management am/ homeland security. "A Retu~r Vil-,:inh1 is a Resilient Virginia." Mr.Robert Cowell Page 5 of6 October 07,2019 must return any funds that have been drawn down, but remain unliquidated in its financial records.
Period of Performance Extensions Extensions to this program are allowed. Extensions to the initial period of performance identified in the subaward will only be considered through formal, written requests addressed to VDEM, and must contain specific and compelling justifications as to why an extension is required. Subrecipients are advised to coordinate with the Grant Administrator, as needed, when preparing an extension request. All extension requests must address the following:
1. Grant program, fiscal year, and subaward 10 number in eGMS 2. Reason for delay that must include details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the applicable deadline 3. Current status of the activity/activities 4. Approved period of performance termination date and new project completion date 5. Amount of funds drawn down to date 6. Remaining available funds, both Federal and non-Federal 7. Budget outlining how remaining Federal and non-Federal funds will be expended 8. Plan for completion, including milestones and timeframes for achieving each milestone, and the position/person responsible for implementing the plan for completion 9. Certification that the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work, as described in the approved budget.
Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons: • Contractual commitments by the grant recipient with vendors or subrecipients prevent completion of the project within the existing period of performance • The project must undergo a complex environmental review that cannot be completed within existing period of performance • Projects are long-term by design and therefore acceleration would compromise core programmatic goals • Where other special circumstances exist
Recipients must submit all extension requests to VDEM via upload into eGMS no later than 90 days prior to June 30,2021.
Saving lives through e.ff'ective emergency management and homeland security. "A Retu~)' Virginia is a Resilient Virginia." Mr.Robert Cowell Page 6 of6 October07, 2019
Please initiate the steps described under Accessing Your Allocation within 30 days from the date of this notification. If you have any questions regarding this award, please contact James Turner in the Grants Office at 804-897-9768 or [email protected].
Sincerely,
Jeffrey D. Stem, Ph.D.
JDS/jt cc: Mr. Trevor Shannon, Emergency Management Coordinator Mr. Jamey Bowdel, Planning Analysis Lieutenant Mr. Ted Costin, Director of Regional Support, West Division Mr. Mike Guzo, Chief Regional Coordinator, Region 6
Saving lives through effective emergenc:r management and homeland security. "A Re(I{~V Vir~-:inia is a Resilient Vir~-:inia." IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION accepting the FY 2019 State Homeland Security Program Grant to the
City from the U.S. Department of Homeland Security Federal Emergency Management Agency, and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City of Roanoke does hereby accept the FY 2019 State Homeland Security
Program Grant offered by the U. S. Department of Homeland Security Federal Emergency
Management Agency in the amount of $45,750, with no matching funds required from the City, to allow the Roanoke Police Department to purchase night vision devices that provide thermal imaging and light amplification. The grant is more particularly described in the City Council
Agenda Report dated October 21,2019.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant.
ATTEST:
City Clerk.
R-Homeland Security Program Grant- I 0.21. I 9.doc 7.a.;).
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to appropriate funding from the Department of Homeland Security thru the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2019-2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019-2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Expendable Equipment 35-640-3683-2035 $ 45,750
Revenues State Homeland Security Grant FY19 35-640-3683-3531 45,750
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:
City Clerk. 1.a.3,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: BRITE ("Beautify Roanoke Interchanges Through Enhancement") Sponsorship funding from Branch Management Corporation
Background:
In 2005, the Virginia Department of Transportation (VDOT) established comprehensive roadside management regulations that allow local governments, communities, businesses, and individuals to participate in the improvement and management of state-maintained roadsides.
Modeled after VDOT's program, the City of Roanoke initiated its BRITE Program to encourage participation by area businesses and organizations. In January 2014, Branch Management Corporation agreed to a Landscaping and Maintenance Sponsorship at the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard. VDOT constructed the roundabout at this location, which included extensive landscaping. As a BRITE location, Branch Management's donation of $7,500 over five years will help to defray the landscaping and maintenance costs.
Considerations:
The original sponsorship period is up for renewal and Branch expressed an interest in participating as a BRITE sponsor for another five years. The current BRITE location is fully landscaped and is maintained and seasonally updated with decorative annuals by City staff. The $7,500 donation must be accepted by Council and appropriated into the capital account VDOT Comp Roadside Management (08-530-9841) for expenditure. Recommended Action:
Accept the donation from Branch Management Corporation, adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $7,500, and appropriate the same amount into capital project account 08- 5 30-9841.
Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, Director of Public Works Amelia C. Merchant, Director of Finance
2 I. a--~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION accepting a donation of funds from Branch Management Corporation to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE)
Program to assist with the maintenance of the landscaping at the intersection of Riverland Road,
Bennington Street, and Mount Pleasant Boulevard; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation; and expressing the City's appreciation for such donation.
BE IT RESOLVED by the Council ofthe City ofRoanoke as follows:
1. The City of Roanoke hereby accepts the donation from Branch Management
Corporation of $7,500 to the City, as more particularly set forth in the City Council Agenda
Report dated October 21, 2019.
2. The City Manager is further authorized to execute any necessary documents, as approved as to form by the City Attorney, provide any additional information, and to take any necessary actions\ in order to obtain, accept, receive, implement, use, and administer such . donation.
3. This Council wishes to express its appreciation and that ofthe citizens ofthe City of Roanoke to Branch Management Corporation for its generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described above.
4. The City Clerk is directed to transmit a copy of this Resolution to Branch
Management Corporation expressing the City's appreciation for its donation.
ATTEST:
City Clerk. Donation-BRITE Program Branch Management Corporation I 0.21.19.doc 1.o.3.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to appropriate funding from Branch Management Corporation to the VDOT Comprehensive Roadside project, amending and reordaining certain sections of the 2019-2020 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019-2020 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Appropriated from Third Party 08-530-9841-9004 $ 7,500
Revenues BRITE Program- Branch Management 08-530-9841-9843 7,500
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. 7.a.t.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Virginia Department of Emergency Management (VDEM) Hazardous Materials Funds Acceptance for Roanoke Fire-EMS Department
Background:
Roanoke Fire-EMS serves as the regional Level Ill Hazardous Materials Response Team. The Roanoke Fire-EMS Department receives funds from VDEM to assist the Hazardous Materials Response Team with the purchase of equipment and training.
Considerations:
City Council action is needed to formally accept $1 5,000 for the Hazardous Materials Response Team.
Recommended Action:
Adopt the accompanying resolution accepting the funds from VDEM as described above and authorize the City Manager to execute any required agreements or documents, such to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the Grant Fund for State grant funds of $1 5,000 and appropriate funds in the same amount in an account to be established by the Director of Finance.
-" // ~;e--~-"--~~/ " I (" ------~~------Robert ?.-c~well, Jr. City Manager
Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance '\.o.t-~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION authorizing the City Manager to accept, on behalf ofthe City of Roanoke,
"pass-through" funds from the Virginia Department of Emergency Management (VDEM) to assist the Hazardous Materials Response Team with the purchase of equipment and training, and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept "pass-through" funds from VDEM to assist the Hazardous Materials Response Team with the purchase of equipment and training in the amount of $15,000, with no local match required, such funds being more particularly described in the City Council Agenda Report dated October 21,2019.
2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the "pass-through" funds in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information as may be required by VDEM in connection with the acceptance of the foregoing "pass-through" funds.
ATTEST:
City Clerk.
VDEM Pass-Through Funds-FY l9.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE appropriating funding from the United States Department of Transportation through the Commonwealth of Virginia Department of Emergency Management (VDEM) for hazardous materials emergency responses and training and development, amending and reordaining certain sections of the 2018-2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018-2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Expendable Equipment (<$5,000) 35-520-3246-2035 $ 10,000 Training and Development 35-520-3246-2044 5,000
Revenues Haz-Mat Response Grant FY20 35-520-3246-3246 15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk. /.o.s,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Acquisition of Real Property Rights for Stormwater Improvement Project- Brymoor Road, S.W.
Background:
As part of the FY2020 Capital Improvement Program, City Council appropriated $2 million for stormwater improvement projects. These appropriated funds will be matched with $2 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $1 million in Stormwater Utility operating funds.
One of the projects to be funded by this FY 2020 funding appropriation is the Stormwater Improvement Project - Brymoor Road, S.W. which includes 21 storm drainage structures, 1 080 LF of stormdrain pipe of various size; roadside and outlet channel construction, utility relocation, curbing, asphalt paving, and several other miscellaneous project improvements.
The existing stormwater conveyance system is in need of improvement and several hundred linear feet of ditch and roadway along Brymoor Road is eroding/deteriorating which requires stabilization. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various property owners.
Considerations:
City Council action is necessary to authorize the acqu1s1t1on of real property rights needed for the Stormwater Improvement Project - Brymoor Road, S.W. The real property rights needed are outlined below, but are subject to mmor variation of location and extent pending final engineering design details.
Funding for acquisition of the real property rights will be available in project account 03-530-3022-9050 Stormwater Utility- Land Purchases.
Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect five (5) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project.
The properties that have been identified to date are as follows: Tax Map Parcel Address Owner Required Property Rights Number 3559 Brymoor Rd., James T. and Jean 5070108 Permanent Drainage Easement sw D. Weber 3553 Brymoor Rd., Mary Frances 5070109 Permanent Drainage Easement sw Donnelly Jason B. and 3535 Brymoor Rd., 5070110 sw Chelsea Lane Permanent Drainage Easement Boger James H. Sigmon, 2043 Knollwood 5050411 Ill and Melissa L. Permanent Drainage Easement Rd., SW Sigmon The Sandra S. Kidd Revocable 3442 Brymoor Rd., 5050413 sw Trust and The Permanent Drainage Easement Garland J. Kidd Trust
Recommended Action:
Authorize the acquisition of any and all real property rights needed to construct the proposed Stormwater Improvement Project - Brymoor Road, S.W. including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney.
//~,;:~ -~~~~------Robert 5. Cowell, Jr. City Manager
Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Utility Manager Cassandra L. Turner, Economic Development Specialist Beth Watts, Construction Cost Technician ,..-, ,Q .0.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with the Stormwater Improvement Project- Brymoor Road, S.W. (Project); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the
City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated October 21, 2019, for the Project, located along the Brymoor Road, S.W., Roanoke, Virginia corridor, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney.
2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel( s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the
City Attorney to be entitled to the same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispens'ed with.
ATTEST:
City Clerk.
0-authorize acquis of prop rights- Stormwater Improvements Project- Brymoor Rd, SW (1 0.21.19) 2 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Acquisition of Real Property for Flood Mitigation
Background: Since the Flood of 1985, the City has purchased more than 1 00 flood prone properties via Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation (PDM) grants and Flood Mitigation Assistance (FMA) grants as administered by the Virginia Department of Emergency Management (VDEM). To date, over $6.3M has been spent to remove a total of 118 floodprone structures previously subject to damage as a result of rising flood waters.
The FEMA grant structure is such that the City pays either 10% (FMA) or 25% (PDM) of the total project costs including, but not limited to, fee simple purchase of the parcel and structure(s), environmental assessment of the parcel and structure(s), remediation of any identified environmental hazards, demolition of structure(s), grading and restoration of the parcel to become a lawn, and finally, placement of a conservation easement on the parcel such that no future development would be allowed.
Only floodprone structures classified by FEMA as severe repetitive loss are eligible for FMA grants, while other repetitive loss structures are typically eligible for PDM grants. As a result of increasing storm intensities and thereby increasing National Flood Insurance Program payouts, the process for both FEMA grant programs continue· to become more lengthy, complicated, and nationally competitive. Regardless of the grant program used, the 2 5% (PDM) or 10% (FMA) City match will be paid via Stormwater Utility funds.
The City also continues to acquire vacant parcels to address stormwater flooding issues using 100% Stormwater Utility funds. Under City ownership, debris removal from the stream channels can be performed on a routine basis without need for a maintenance easement or right-of-entry permit from a private parcel owner. Further, under City ownership, the riparian buffer area along the stream channel of these vacant parcels can be enhanced to not only reduce downstream flooding but also improve water quality downstream as required by the City's Municipal Separate Storm Sewer System (MS4) permit sediment Total Maximum Daily Load (TMDL) action plan. Finally, open space parcels having deeded restrictive covenants in proximity to river and tributary floodplains add points towards the City's progressive floodplain management activities resulting in City residents being eligible for a 1 5% discount on flood insurance premiums as part of the National Flood Insurance Program Community Rating System (CRS). This request seeks authority to acquire and demolish multiple parcels within the FEMA floodway having structures that have flooded numerous times previously. All City acquired floodplain mitigation parcels will be converted to, and maintained as vegetated open space as required by the FEMA grant programs.
Considerations: City Council action is necessary to authorize the acqu1s1t1on of real property rights needed for flood mitigation. The real properties are outlined below.
Funding for acquisition of the real property rights will be available in capital account 03-530-3063-9050.
Parcel Required Identification Address Owner Property Number Rights 1040301 1 911 Franklin Rd., SW Mohan, Chandler Fee Simple
1040302 192 7 Franklin Rd., SW Shrinath Enterprises, LLC Fee Simple
6140707 1903 Meadowbrook Rd., NW McGhee, Leon T. & Ginger M. Fee Simple
6140705 1915 Meadowbrook Rd., NW Hall, Carl T. Jr. Fee Simple
6140704 1921 Meadowbrook Rd., NW Frazier, Neal Alan & Paula Fee Simple
6140703 1927 Meadowbrook Rd., NW Yemey, Akouete A. Fee Simple
6140702 1933 Meadowbrook Rd., NW Tabor, Ruth Fee Simple Nguyen, Anhthu T., and Phung, Que 6140701 1947 Meadowbrook Rd., NW Fee Simple Hoang 2230611 l 4 l 8 lOth Street, NW Cee-Breeze Roanoke Properties, LLC Fee Simple
Recommended Action: Authorize the acquisition of Parcel 1040301, 1040302, 6140701, 6140702, 6140703, 6140704, 6140705, 6140707, and 2230611 identified above as part of the Stormwater Utility Flood Mitigation Program, as well as authorize the appropriate FEMA grant and acquisition documents by the City Manager, such doCLJ.DJ.ent-s- ~av;cl as to form by the City Attorney. ""'' / .>--r/ ,/"/ Ro-be ~t-S~~~~jf.~------City Manager
Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Utility Manager Leigh Anne Weitzenfeld, MNR, Water Quality Administrator Cassandra L. Turner, Economic Development Specialist 1.Q.(p.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with flood mitigation; authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; 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 City wants and needs certain real property rights, to include fee simple acquisition, and such other real property interests as needed, via the Stormwater Utility Flood
Mitigation Program, as set forth in the City Council Agenda Report dated October 21, 2019.
Such acquisitions will be funded in part through Federal Emergency Management Agency
(FEMA) Pre-Disaster Mitigation (PDM) grants and Flood Mitigation Assistance (FMA) grants as administered by the Virginia Department of Emergency Management made available to the
City, in addition to Stormwater Utility funds pursuant to the City's Stormwater Utility Flood
Mitigation Program. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda
Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney.
2. The City Manager is further authorized to execute appropriate acquisition documents, including, and not limited to, applications to FEMA for grant funding, for the above mentioned parcel( s ), and such other real property interests needed for the acquisition of the real property parcels referred to in the above mentioned City Council Agenda Report, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available for these purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of
Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
0-authorize acquis of prop rights- Stormwater Utility Flood Mitigation Program (1 0.21.19) 2 1.a.1,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Authorization to Increase FY 2019 Payroll Accrual Appropriation
Background:
When City Council adopts the fiscal year budget, included is an appropriation of funds for Payroll Accrual. This appropriation provides for an estimated amount of funding, typically $1 50,000, to be set aside annually for the next fiscal year in which there are 27 payrolls instead of 26. This 27th payroll occurs typically every 14 years. By the 14th year, sufficient funding should be reserved to fund the additional payroll.
Considerations: City Council approval is required to authorize the City Manager to increase the funding level to be reserved from FY 2019 funding for Payroll Accrual.
Recommended Action:
Authorize the City Manager to increase the funding level to be reserved for FY 201 9 Payroll Accrual amount from $1 50,000 to $5 50,000.
RobertS. Cowell, Jr. City Manager
Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance 1.a./.
IN THE COUNICL FOR THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION authorizing the City Manager to increase the funding level to be reserved for FY 2019 Payroll Accrual.
WHEREAS, City Council adopts the fiscal year budget, included is an appropriation of funds for Payroll Accrual. This appropriation provides for an estimated amount of funding, typically $150,000, to be set aside annually for the next fiscal year in which there are 27 payrolls instead of26. By the 14 111 year, sufficient funding should be reserved to fund the additional payroll.
WHEREAS, City Council approval is required to authorize the City Manager to increase the funding level to be reserved from FY 2019 funding for Payroll Accrual.
NOW, THEREFORE BE IT RESOLVED that the City Manager is authorized to increase the funding level to be reserved from FY 2019 fund for Payroll Accrual.
ATTEST:
City Clerk. CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Amendment No. 3 to the Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement") at 116 Church Avenue, S.E., and 120 Church Avenue, S.E.
Background:
Market Holdings, LLC, (MH), Big Lick Hospitality, LLC (Big Lick), and the City of Roanoke (City) executed an Agreement for Purchase and Sale of Real Property (Agreement) dated September 20, 2018, whereby (i) MH agreed to sell, and the City agreed to purchase, 0.5755 acres, together with improvements thereon, located at 116 Church Avenue, S.E., Official Tax Map #4011412, and (ii) the City agreed to consolidate with City-owned property of 0.3607 acres, together with improvements thereon, located, at 120 Church Avenue, S.E., Official Tax Map #4011413, for the development of a downtown parking facility and hotel. The terms of this Agreement provided for an inspection period of 240 days (Inspection Period) with a non-refundable deposit of $50,000.00 to be paid by the City and Big Lick to MH no later than May 20, 201 9.
The City, MH, and Big Lick entered into the Agreement under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct and own a 490-500 space Parking Facility, in fee simple; and (iv) sell to Big Lick for $700,010.00 (a) two condominium units for hotel lobby facilities, (b) air rights for hotel rooms, and (c) appropriate nonexclusive easement rights in the Parking Facility in order for Big Lick to construct and own a 1 2 5-1 50 room Hotel Facility to accommodate the operation of a Hotel.
In May 2019, City Council approved Amendment No. 1 to the Agreement due to all parties requiring additional time for due diligence. In july 2019, City Council approved Amendment No. 2 to the Agreement due to all parties requiring additional time for additional soil testing and assessing the feasibility of the Project. Since that time, the parties have continued to assess the feasibility of the Project and additional time is still needed. To this end, the Parties are seeking approval to extend the Inspection Period to January 31, 2020.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an Amendment No. 3 to the Agreement among Market Holdings, LLC, Big Lick Hospitality, LLC and the City of Roanoke, substantially similar to the Amendment No. 3 attached to this Report, with an extended inspection period to january 31, 2020, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 3. All documents are subject to approval as to form by the City Attorney.
RobertS. Cowell, Jr. City Manager
Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert Ledger, Director of Economic Development Amelia C. Merchant, Director of Finance Laura M. Carini, Assistant City Attorney AMENDMENT NO. 3
TO
AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE
DATED SEPTEMBER 20, 2018
AMONG
THE CITY OF ROANOKE, VIRGINIA,
MARKET HOLDINGS, LLC,
AND
BIG LICK HOSPITALITY, LLC This Amendment No. 3 to the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20,2018, among the City of Roanoke Virginia, a Virginia municipal corporation (the "City"), Market Holdings, LLC, a Virginia limited liability company ("MH"), and Big Lick Hospitality, LLC, a South Carolina limited liability company and qualified to conduct business in the Commonwealth of Virginia ("Big Lick") ("Amendment No.3") is dated this day of October, 2019. RECITALS
A. The City, MH, and Big Lick entered into the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018 (the "Agreement") under which Agreement, (i) MH agrees to sell, and the City agrees to purchase, the MH Parcel, all as in accordance with the terms and conditions of the Agreement; and (ii) the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property, all as in accordance with the terms and conditions of the Agreement. B. The Parties amended the Agreement by Amendment No. 1 dated May 20, 2019, to extend the Inspection Period to July 31, 2019. C. The Parties amended the Agreement by Amendment No.2 dated July 17,2019 to extend the Inspection Period to October 31, 2019. D. Due to additional due diligence review required by all Parties, the Parties desire to extend the Inspection Period to January 31, 2020. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No.3 and are incorporated herein, the Parties agree as follows:
1. Section 7 .1.1 of the Agreement is amended by deleting the first sentence in its entirety and inserting the following sentence in its place:
{2464090·1, 110046-00000-01} 1 Big Lick shall have 499 Days following the Effective Date to complete Big Lick's due diligence review of the Property (the "Inspection Period"). The Inspection Period expires on January 31, 2020. 2. Except as amended herein, the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by Amendment No. 1, Amendment No. 2 and this Amendment No. 3, constitutes the entire agreement between the Parties with respect to the purchase and sale of the MH Parcel and Hotel Facility Property. 3. Capitalized terms not defined in this Amendment No.3 shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as ofthe day and date first above written.
SIGNATURES APPEAR ON FOLLOWING PAGES
{2464090-1, 110046-00000-01} 2 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 by their authorized representatives as of the date ofthis Amendment No.3.
WITNESS: CITY OF ROANOKE, VIRGINIA
By: ------Robert S. Cowell, Jr. Print name and title City Manager
COMMONWEALTH OF VIRGINIA CITY OF ROANOKE
The foregoing Amendment No. 3 was acknowledged before me this __ day of ______2019, by RobertS. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke, Virginia.
My Commission expires: Notary Public
SEAL
Approved as to form: Approved as to execution:
{2464090-1, 110046-00000-01} 3 WITNESS: MARKET HOLDINGS, LLC
By: ______
David Wine, Manager
Print name and title
STATE OF ______
CITY/COUNTY of ------
The foregoing Amendment No. 3 was acknowledged before me this ___ day of _____ 2019, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited liability company, on behalf of Market Holdings, LLC.
My Commission expires: Notary Public
SEAL
{2464090-1, 110046-00000-01} 4 WITNESS: BIG LICK HOSPITALITY, LLC a South Carolina limited liability company
Print name and title By: Aughtry Hotel Management, LLC a South Carolina limited liability company its Manager
By: ______Name: Paul C. Aughtry, III Its: Manager
STATE OF ------CITY/COUNTY of ------
The foregoing Amendment No. 3 was acknowledged before me this __ day of ______2019, by Paul C. Aughtry, III, the duly authorized manager of Aughtry Hotel Management, LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC.
My Commission expires: Notary Public
SEAL
{2464090-1, 110046-00000-01} 5 7.a .8.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the
Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking
Facility and Hotel, dated September 20, 2018 (the "Agreement") between the City of Roanoke,
Virginia (the "City"), Market Holdings, LLC, ( "MH") and Big Lick Hospitality, LLC ("Big
Lick"), which proposed Agreement provided that the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue,
S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 ("City Parcel"); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No.
4011412 ("MH Parcel"); and Big Lick, agreed that the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the "Property"); (iii) construct on the
Property and own a Parking Facility, in fee simple, and (iv) convey to Big Lick condominium units, certain air rights, and appropriate nonexclusive. easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, to amend certain terms of the Agreement to extend the Inspection Period, as defined in the Agreement; reordaining Ordinance No. 41267-091718, adopted on September
17, 2018, Ordinance No. 41450-052019, adopted on May 20, 2019, and Ordinance No. 41514-
071519, adopted July 15, 2019, only to the extent not inconsistent with this Ordinance; authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and
1 enforce the proposed Amendment No. 3, Amendment No. 2, Amendment No. 1, and the
Agreement; and dispensing with the second reading of this Ordinance by title. .
WHEREAS, the Council ofthe City of Roanoke adopted Ordinance No. 41267-091718, adopted on September 17, 2018, in which Council approved the terms ofthe Agreement between the City, MH and Big Lick;
WHEREAS, the City, MH and Big Lick executed the Agreement which was dated
September 20, 20 18;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41450-052019, ~ adopted May 20, 2019, in which Council approved the terms of an Amendment No. 1 to the
Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41514-071519, adopted July 15, 2019, in which Council approved the terms of an Amendment No. 2 to the
Agreement between the City, MH and Big Lick;
WHEREAS, under the terms of the Agreement, the Inspection Period expires on October
31, 2019;
WHEREAS, all Parties have requested an extension of the Inspection Period, as defined in the Agreement, to complete its due diligence and inspections in form and substance acceptable to the City, MH, and Big Lick; and
WHEREAS, the City, MH and Big Lick desire to amend the Agreement to address these matters in accordance with the terms ofthis Amendment No.3.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of Amendment No.3 to the Agreement as set forth in the City Council Agenda Report dated October 21, 2019, which Amendment No. 3
2 amends the Agreement approved by City Council by Ordinance No. 41267-091718, adopted on
September 17,2018, and amends Amendment No. 1 approved by City Council by Ordinance No.
41450-052019, adopted May 20, 2019, and amends Amendment No.2 approved by City Council by Ordinance No. 41514-071519, adopted July 15, 2019, and provides for certain undertakings and obligations by Big Lick, the City, and MH.
2. The City Manager is hereby authorized on behalf ofthe City to execute Amendment
No. 3 to the Agreement, to amend certain terms of the Agreement to extend the Inspection Period to January 31, 2020, to complete the Parties due diligence review of the Property, as set forth in the aforementioned City Council Agenda Report. Amendment No. 3 to the Agreement is to be substantially similar to the Amendment No.3 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Big Lick, the City, and MH pursuant to the Agreement, Amendment No. 1, Amendment No.2 and Amendment No.3.
4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney.
5. 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
3 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Authorization to Refund Bonds
Background:
The City's Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding the purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or respond to financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, at a minimum of three percent of the principal amount of the refunded bonds, and to remain compliant with the City's Debt Policies.
Refunding Candidates:
In order to achieve the best possible net present value savings outcome, the City, along with Davenport and Company LLC (Davenport), the City's financial advisors, will review all outstanding issues of general obligation public improvement and refunding bonds to select appropriate candidates for refunding from both a legal and savings opportunity perspective. Accordingly, each of the outstanding issues listed will continue to be evaluated for inclusion or exclusion of refunding bond issues according to the City's policy of a minimum of three percent net present value savings.
The City issued $44.925 million of Series 201 OA Public Improvement and Refunding bonds dated March 11, 2010, to fund the Market Garage renovation and to refund portions of the Series 2002A, 20048, 2006A and 2008 Public Improvement Bonds. Series 201 OA bonds mature in varying amounts on October 1 in each of the years 2020 through 2022.
The City issued $5.665 million of Series 201 OE bonds dated August 11, 201 0, to fund various projects including Digital Radio upgrades, bridge renovations, National Guard Armory demolition, and Roanoke River flood reduction. Series 201 OE bonds mature in varying amounts on july 1 5 in each of the years 2021 through 2031. Considerations:
Based upon discussions with the City's financial advisor, Davenport, the City is currently in the position to generate moderate savings from issuing refunding bonds. As interest rates fluctuate daily, it is important to the success of a refunding that the City be able to act quickly once interest rates savings achieve an acceptable level. Advance authorization is necessary to proactively manage and pursue additional refunding opportunities in a volatile market where conditions can rapidly change from favorable to unfavorable.
Refunding bonds will be considered additional debt in the context of the City's Debt Policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), funding for the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City.
Under current market conditions, Series 201 OA and 201 OE bonds present a savings near the City policy limit of three percent. To the extent savings are below three percent, it shall be at the discretion of City Administration to proceed with the refunding.
Recommended Action:
Adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $1 3.1 million principal amount in refunding bonds on or before June 30, 2020.
--~---·-··---~-)
c?/ /..... -·,., :f./·-~> ~.,/ _/ ---- RobertS. Cowell, Jr. City Manager
Distribution: Council Appointed Officers Amelia C. Merchant, Director of Finance Kristine L. Flynn, Hawkins Delafield & Wood LLP David Rose, Senior Vice President, Davenport & Company, LLC
2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED THIRTEEN MILLION ONE HUNDRED THOUSAND DOLLARS ($13,100,000) AGGREGATE PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; FIXING CERTAIN DETAILS OF THE BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS:
SECTION I. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows:
(a) Pursuant to the Public Finance Act of I991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 20 I OA, dated March II, 20 I 0 (the "Series 20 I OA Bonds").
(b) Pursuant to the Public Finance Act of I99I, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,665,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 20 I OE (Taxable Recovery Zone Economic Development Bonds), dated August II, 2010 (the "Series 201 OE Bonds").
(c) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 201 OA Bonds, Series 20 I OE Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure.
(d) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 20 I OA Bonds, Series 201 OE Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds").
3395578.2 043265 RS!ND (e) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities.
(f) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Thirteen Million One Hundred Thousand Dollars ($13, 100,000) aggregate principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds.
SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered in one or more series from time to time not to exceed Thirteen Million One Hundred Thousand Dollars ($13, 100,000) aggregate principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds").
(b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 and Section 11 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 and Section 11 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 and Section 11 hereof.
-2- 3395578.2 043265 RSIND (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption (or such shorter period as may be agreed to with the purchaser of such Bonds), by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof.
(ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked.
(iii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner ofthe Bonds any notice of redemption while the Bonds are in book-entry only form.
SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose.
SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City.
-3- 3395578.2 043265 RS!ND (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4( c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof.
-4- 3395578.2 043265 RSIND (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled.
(g) (i) Except as otherwise provided in Section 11 hereof~ the Bonds shall be issued in full book -entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased.
(ii) Except as otherwise provided in Section 11 hereof, principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including
-5- 3395578.2 043265 RSIND any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2021, at a price not less than ninety-seven percent (97%) of the aggregate principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City in an amount as shall be acceptable to the City Manager, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds may be sold and issued contemporaneously with other General Obligation Bonds of the City as a separate series or as part of a single series. The Bonds may be issued as taxable or tax-exempt Bonds and shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest cost for the Bonds of any series exceed five percent (5.00%); and provided further in no event shall the premium payable by the City upon the redemption of the Bonds of any Series exceed two percent (2%) of the principal amount thereof, except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make-whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds.
(b) If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof.
-6- 3395578.2 043265 RSIND (c) lfthe Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters.
(d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating to the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12"). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City.
(e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof.
(f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed.
SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds.
(b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor.
-7- 3395578.2 043265 RSIND (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds.
SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto.
SECTION 11. (a) In addition to the authorization for a competitive or negotiated sale of the Bonds as set forth in Section 8 hereof, the Council hereby authorizes the issuance and sale of the Bonds to one or more lenders to evidence one or more loans made to the City by one or more lenders in accordance with any proposal made by such lender(s) to the City pursuant to any Request for Proposal issued by the City for any such loan (hereinafter any such Request for Proposal of the City and any proposal from any lender(s) submitted in response thereto shall be collectively referred to as a "Financing Proposal"). There is hereby delegated to the City Manager and the Director of Finance, without further action by the Council, the authority to issue and deliver the Bonds pursuant to this Section 11 at such price(s) and rate(s), and on such other terms and conditions, as shall be provided in any Financing Proposal, which Financing Proposal shall be in such form and containing such terms and conditions as the City Manager and the Director of Finance deem acceptable, acting with the advice of the City's Financial Advisor and legal counsel (including the City Attorney and the City's Bond Counsel), subject to the provisions and parameters set forth herein.
(b) Notwithstanding anything in this Resolution to the contrary, Bonds issued and sold pursuant to a Financing Proposal as provided in this Section 11 may bear interest at such fixed rates or variable rates of interest (which variable rates of interest shall be determined in accordance with any variable rate formula as shall be set forth in any Financing Proposal) as shall be determined by the City Manager and the Director of Finance, acting with the advice of the City's financial advisor; provided, however, that the true interest cost of any fixed rate(s), or the initial variable rate(s) of interest, shall not exceed 5.000%; and provided further that the fixed rate(s) or variable rate(s) determined for such Bonds may be further subject to adjustment upon the occurrence of certain events or conditions as may be set forth in any Financing Proposal, including, without limitation, adjustments to the stated interest rate or interest rate formula upon the occurrence of any event of taxability with respect to the Bonds, any default in payment with respect to the Bonds, and any change in the marginal corporate tax rate of corporations under federal law. Notwithstanding anything in this Resolution to the contrary, any Bonds issued and sold pursuant to a Financing Proposal as provided in this Section 11 may be pre-payable at a prepayment price or redemption price that includes any make-whole amount, yield maintenance fee, penalty fee or break-funding amount calculated in accordance with any formula acceptable to the City Manager and the Director of Finance, acting with the advice of the City's Financial Advisor and legal counsel (including the City Attorney and Bond Counsel) as may be set forth in any Financing Proposal or in the Bonds, and in such case, such
-8- 3395578.2 043265 RSIND prepayment price or redemption price may exceed the 2% redemption premium limitation set forth in Section 8 above.
(c) Any one of the City Manager or the Director of Finance is hereby authorized to execute and deliver any Financing Agreement, purchase agreement or any other document, agreement or instrument necessary to provide for the issuance and delivery of the Bonds (hereinafter collectively referred to as the "Financing Documents"), which Financing Documents shall be in such form and substance as shall be acceptable to the City Manager or the Director of Finance, as evidenced by his or her signature thereon, acting with the advice of legal counsel (including the City Attorney and Bond Counsel). Any one of the City Manager or the Director of Finance is hereby further authorized to determine, or to modify the form of and terms of the Bonds with respect to the dated date of the Bonds, the authorized denominations of the Bonds, the assignment of CUSIP Numbers, if any, to the Bonds, and the principal and interest payment dates ofthe Bonds. Notwithstanding anything in this Resolution to the contrary, any of the Bonds may be issued directly to the purchaser thereof, as registered owner or holder thereof
SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended).
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed.
ATTEST:
City Clerk.
-9- 3395578.2 043265 RSIND EXHIBIT A
UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES
No. R- $ ____
MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO:
REGISTERED OWNER:
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised oftwelve (12) thirty (30) day months.
The principal of this Bond is payable on presentation and surrender hereof at the office of------' as the Registrar and Paying Agent, in the City of Principal of and interest on this Bond are payable in any
A-1 3395578.2 043265 RSIND coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts.
This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after _, __ are subject to redemption at the option of the City prior to their stated maturities, on or after _, __, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof.
The Bonds of the series of which this Bond is one maturing on ____, __ are subject to mandatory sinking fund redemption on _, __ and on each ____ _ thereafter and to payment at maturity on _, __ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof:
Year ( ) Principal Amount
$
The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, __ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement.
If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
A-2 3395578.2 043265 RSIND Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof.
Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked.
Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose.
A-3 3395578.2 043265 RSIND It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written.
CITY OF ROANOKE, VIRGINIA
Mayor [SEAL]
Attest:
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings.
.______], as Registrar
By: ------Authorized Signator
Date of Authentication: ------
A-4 3395578.2 043265 RSIND ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg ______, Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by a member firm of The New York Stock NOTICE: The signature above must Exchange, Inc. or a commercial bank or trust correspond with the name of the Registered company. Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever.
A-5 3395578.2 043265 RSIND 8,o,
ROANOKE ClTV PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City.
School Board
Mark K. Cathey October 21, 2019 Chairman
Lutheria H. Smith Vice Chairman The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council WUUam B. Hopkins, Jr. Elizabeth C. S. Jamison Roanoke, VA 24011 Laura D. Rottenborn Joyce W. Watkins Dear Mayor Lea and Members of Council: Dick Willis
As a result of official School Board action on Tuesday, October 8, Dr. Rita D. Bishop 2019, the Board respectfully requests that City Council approve the Superintendent following appropriation requests: Cindy H. Poulton New Appropriation Award Carl D. Perkins Career and Technical Education (CTE) Allocation 2019-20 $422,196.03 Preschool Development Grant Birth-to-Five 2018-19 $12,500.00 Title I, Part A, Improving Basic Programs 2019-20 $6,985,616.09 Title II, Part A, Improving Teacher Quality 2019-20 $789,951.40 Title Ill, Part A, Limited English Proficient (LEP) 2019-20 $134,994.03 Title IV, Part A, Student and Academic Enrichment 2019-20 $530,514.12 GEAR UP Virginia (GUY) Award- College Advising Corps 2019-20 $35,000.00 Career and Technical Education (CTE) State Equipment 2019-20 $14,321.55 Workplace Readiness Skills (WRS) for the Commonwealth Examination Allocation 2019-20 $2,576.63 Career and Technical Education Industry Certifications and Licensure Testing 2019-20 $15,288.94 Career and Technical Education (CTE) Equipment for High-Demand, High-Skill, Fast-Growth Industry Sectors 2019-20 $11,158.56 Science, Technology, Engineering, Mathematics and Health Sciences (STEM-H) Student Credentials, Materials, and Teacher Professional Development 2019-20 $4,173.97 Regional Alternative Education 2019-20 $347,777.00
Revised Appropriation Additional Award Title I, Part A, Improving Basic Programs 2018-19 $1,679.39
www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Members of City Council October 21, 2019 Page 2
On behalf of the School Board, thank you for your consideration.
Sincerely, ~Q~lk- Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w/details) Mark K. Cathey e. a. CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its October 8, 2019 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report.
The 2018-19 Title I, Part A, Improving Basic Programs grant award of $1,679 provides assistance to Roanoke City Public Schools for schools with high numbers or percentages of children from low income families to help ensure that all children meet challenging academic content and achievement standards. This increase reflects the revised allocation awarded by the Virginia Department of Education. This grant will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program.
The 2019-20 Title I, Part A, Improving Basic Programs grant award of $6,985,616 provides assistance to Roanoke City Schools for schools with high numbers or percentages of children from low-income families to help ensure that all children meet challenging. academic content and achievement standards. This grant will be reimbursed by Federal funds and will end September 30, 2021. This is a continuing program.
The 2019-20 Title II, Part A, Improving Teacher Quality grant award of $789,951 provides funding for preparing, training, and recruiting high-quality teachers and principals that are capable of ensuring all children are prepared to achieve high standards. This grant will be reimbursed by Federal funds and will end September 30, 2021. This is a continuing program.
The 2019-20 Title IV, Part A, Student Support and Academic Enrichment grant award of $530,514 aids in increasing the capacity of the school division to provide all students with access to a well rounded education, to improve school conditions for student learning, and to enhance the use of technology in order to improve the academic achievement and digital literacy of all students. This grant will be reimbursed by Federal funds and will end September 30, 2021. This is a continuing program.
The 2019-20 Title Ill, Part A, Limited English Proficient grant award of $134,994 supports programs to improve education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. This grant will be reimbursed by Federal funds and will end September 30, 2021. This is a continuing program.
The 2019-20 Gear Up Virginia College Advising Corps grant award of $35,000 addresses the widening gap in college access for low income, first generation, and under-represented students. This grant will be reimbursed by State funds and will end June 30, 2020.
The 2019-20 Carl D. Perkins Career and Technical Education grant award of $422,196 provides funding to increase focus on the academic achievement of career and technical education students, strengthen connections between secondary and postsecondary education, and improve state and local accountability. This grant will be reimbursed by Federal funds and will end June 30, 2020. The 2019-20 Career and Technical Education State Equipment grant award of $14,322 supports equipment for Career and Technical Education programs. This grant will be reimbursed by State funds and will end May 22, 2020. This is a continuing program.
The 2019-20 Workplace Readiness Skills for the Commonwealth Examination grant award of $2,577 provides Workplace Readiness Skills for the Commonwealth Examinations, including pretests, and/or other Board-approved industry certification assessments for Career and Technical Education programs. This grant will be reimbursed by State funds and will end May 22, 2020.
The 2019-20 Career and Technical Education Industry Certifications and Licensure Testing grant award of $15,289 provides funding for Career and Technical Education student industry certification examinations, licensure tests, and occupational competency assessments. This grant will be reimbursed by State funds and will end May 22, 2020.
The 2019-20 Career and Technical Education Equipment for High-Demand, High-Skill, Fast-Growth Industry Sectors grant award of $11,1 59 provides funding to update Career and Technical Education equipment to industry standards, providing students with classroom experiences that translate to the 21st Century workforce. This grant will be reimbursed by State funds and will end May 22, 2020.
The 2019-20 Science, Technology, Engineering, Mathematics, and Health Sciences Student Credentials, Materials, and Teacher Professional Development grant award of $4,1 74 supports industry credentialing testing materials for students and professional development for instructors in science, technology, engineering, mathematics, and health sciences Career and Technical Education programs. This grant will be reimbursed by State funds and will end May 22, 2020.
The 2018-19 Preschool Development Grant Birth-to-Five award of $12,500 provides funds to strengthen community early childhood care and education systems. This grant will be reimbursed by Federal funds and will end December 31, 2019.
The 2019-20 Regional Alternative Education grant award of $347,777 provides funds for accelerated academic programming for students who are below grade level academically. This grant will be reimbursed by State funds and will end June 30, 2020. This is a continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined.
Robert s(CQWeli City Manager
Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance
2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to appropriate funding from federal and Commonwealth grants for various educational programs, amending and reordaining certain sections of the 2019-2020 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019-2020 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations Indirect Cost 302 - 000- INDC- 0000 - 132N - 00000 - 62000- 0 - 00 $ (47,161) Indirect Cost 302 - 000 - INDC - 0000 - 132P - 00000 - 62000 - 0 - 00 263,440 Benefits 302- 110-0000-0000 -132N- 61100-42204-3-01 1,897 Materials & Supplies 302 - 11 0 - 0000 - 0000 - 132N - 611 00 - 46613 - 2 - 01 47,161 Personal Services 302 - 11 0 - 0000 - 0000 - 132P - 611 00 - 41121 - 3 - 01 4,022,590 Benefits 302 - 110 - 0000 - 0000 - 132P - 611 00 - 42204 - 3 - 01 1,601,433 Professional Development 302-110-0000-0000- 132P- 61100-43313-9-01 155,211 Materials & Supplies 302 - 11 0 - 0000 - 0000 - 132 p - 611 00 - 46613 - 2 - 01 518,538 Purchased Services 302-110-0000-0000 -132P- 61310-43381-9-01 252,250 Travel 302- 110-0000- 1000- 132P- 61310-45551-9-00 20,050 Leases & Rental Equipment 302- 110-0000-0000- 132P- 61310-45541-2-00 80,000 Miscellaneous Other Charges 302 - 110 - 0000 - 0000 - 132P - 63200 - 45583 - 2 - 01 1,800 Personal Services 302 - 11 0 - 0000 - 0000 - 135P - 611 00 - 41121 - 2 - 01 480,852 Benefits 302 - 110 - 0000 - 0000 - 135P - 61110 - 42204 - 2 - 01 235,983 Personal Services 302 - 11 0 - 0000 - 0000 - 138P - 611 00 - 41138 - 9 - 01 68,776 Benefits 302- 110-0000-0000- 138P- 61100-42201-9-01 4,779 Instructional Material 302 - 11 0 - 0000 - 0000 - 138P - 611 00 - 46630 - 9 - 01 106,259 Travel Mileage 302 - 11 0 - 0000 - 041 0 - 135P - 61310 - 45551 - 2 - 00 900 Professional Services 302- 110-0000- 1000 -135P- 61310-43313-9-00 32,548 Professional Tuition 302 - 110 - 0000 - 1000 - 135P - 61310 - 43382 - 0 - 00 26,768 Travel Conventions/Education 302 - 11 0 - 0000 - 1000 - 135P - 61310 - 45554 - 0 - 00 11,800 Materials & Supplies 302-110-0000- 1000- 135P- 61310-46601-9-00 1,100 Professional Development 302- 110-0000- 1000 -138P- 61100-43313-9-01 51,800 Professional Purchased Services 302- 110-0000- 1000 -138P- 61100-43381-9-01 280,000 Travel 302 - 11 0 - 11 01 - 1000 - 138P - 6131 0 - 45551 - 9 - 00 18,900 Personal Services 302-110-1101 -1000 -137P- 63130-41129-0-01 22,300 Benefits 302-110-1101 -1000 -137P- 61310-42201-0-01 1,500 Prof Other Prof Services 302- 110- 1101- 1000 -137P- 61310-43313-0-01 57,056 Prof Food Services 302- 110- 1101 - 1000- 137P- 61100-43314-0-01 2,500 Travel 302- 110-1101- 1000- 137P- 61310-45551-9-00 5,000 Materials & Supplies 302-110-1101- 1000 -137P- 61310-46613-3-01 46,638 Benefits- Parental Involvement 302- 110- PINV- 0000- 132N- 61100-42204-3-01 (218) Personal Services - Parental 30- 2 11 0 - PI NV - 0000 - 132 P - 611 00 - 41121 - 3 - 0 1 31,000 Involvement Benefits - Parental Involvement 302 - 110 - PI NV- 0000 - 132P- 61100 - 42204 - 3- 01 2,369 Purchased Services - Parental 302- 110- PINV- 0000- 132P- 61310-43381-9-01 15,000 Involvement Internal Printing- Parental 302-110- PINV- 1000- 132P- 61310-44450-9-01 700 Involvement Materials & Supplies- Parental 30- 2 11 0 - PI NV - 0000 - 132 P - 6131 0 - 46613 - 9 - 00 19,000 Involvement Miscellaneous Other Charges- 302 - 110 - PI NV- 0000 - 132P- 63200- 45583 - 2 - 01 2,235 Parental Involvement Prof Other Prof Services 302- 140-0000-0390- 303P- 61210-43313- 3-01 17,500 Prof Other Prof Services 302 - 140 - 0000 - 0400 - 303P - 6121 0 - 43313 - 3 - 01 17,500 Personnel 302 - 170 - 3000 - 1160 - 119P - 611 00 - 41129 - 3 - 03 18,000 Employer Benefits 302 - 170- 3000 - 1160 - 119P- 61100- 42201 - 3 - 03 3,000 Student Field 302 - 170- 3000- 1160 - 119P- 61100- 43343 - 3- 03 28,000 Trip siT ransportation Professional Services 302 - 170 - 3000 - 1160 - 119P - 611 00 - 45551 - 3 - 03 44,000 Travel/Lodging Equipment 302- 170-3000- 1160- 119P- 61100-48210-3-03 329,196 Equipment 302- 170-3000- 1160- 306P- 61100-48110-3-03 14,322 Testing and Evaluation 302 - 170 - 3000 - 1160 - 314P - 61100 - 45584 - 3 - 03 2,577 Testing/Evaluation Dissemination 302 - 170 - 3000 - 1160 - 315P - 611 00 - 45584 - 3 - 03 15,289 Career & Technical Education 302 - 170 - 3000 - 1160 - 317P - 68200 - 48110 - 3 - 03 11 '159 Equipment Testing and Evaluation 302 - 170 - 3000 - 1160 - 319P - 61100 - 45584 - 3 - 03 4,174 Instructional- Supplement 302 - 190- 1309- 1000 - 120N - 61310 - 41129- 2 - 08 2,600 Other Professional Services 302 - 190 - 1309 - 1000 - 120N - 61310 - 43313 - 2 - 08 5,700 Professional Food Services 302- 190-1309- 1000 -120N- 61310-43314-2-08 1,600 Materials and Supplies 302- 190- 1309- 1000- 120N- 61310-46614-2-08 2,600 Educational and Recreational Supplies Payment of Joint Operations 302- 191 -0000-0553- 325P- 61100-47701 - 9-02 138,191 Instruction- Teacher 302- 191- 1302-0553- 325P- 61100-41121-3-02 173,937 Social Security 302 - 191 - 1302 - 0553 - 325P - 61100 - 42201 - 3- 02 7,071 Retirement - VRS 302 - 191 - 1302 - 0553 - 325P - 611 00 - 42202 - 3 - 02 11,337 Medical/Dental 302 - 191 - 1302 - 0553 - 325P- 61100 - 42204 - 3- 02 13,156 Group Life Insurance 302 - 191 - 1302 - 0553- 325P- 61100 - 42205 - 3- 02 947 Prof Other Prof Services 302- 191 - 1302-0553- 325P- 61100-43313-3-02 3,138
Revenues Federal Grant Receipts 302 - 000- 0000- 0000 - 119P- 00000 - 38048- 0 - 00 $ 422,196 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 120N - 00000 - 38953 - 0 - 00 12,500 Federal Grant Receipts 302 - 000 - 0000 - 0000- 132N - 00000 - 38010- 0- 00 1,679 Federal Grant Receipts 302 - 000- 0000 - 0000- 132P- 00000- 38010- 0- 00 6,985,616 Federal Grant Receipts 302-000-0000-0000- 135P- 00000- 38367- 0-00 789,951 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 137P - 00000 - 38365- 0 - 00 134,994 Federal Grant Receipts 302-000-0000-0000- 138P- 00000-38186-0-00 530,514 State Grant Receipts 302 - 000 - 0000 - 0000 - 303P - 00000 - 32464 - 0 - 00 35,000 State Grant Receipts 302 - 000 - 0000 - 0000 - 306P- 00000- 32252 - 0 - 00 14,322 State Grant Receipts 302 - 000 - 0000 - 0000 - 314P - 00000 - 32349 - 0 - 00 2,577 State Grant Receipts 302 - 000 - 0000 - 0000 - 315P - 00000 - 32349 - 0 - 00 15,289 State Grant Receipts 302 - 000 - 0000 - 0000 - 317P - 00000 - 32252 - 0 - 00 11 '159 State Grant Receipts 302 - 000 - 0000 - 0000 - 319P - 00000 - 32349 - 0 - 00 4,174 State Grant Receipts 302 - 000 - 0000 - 0553 - 325P - 00000 - 32272 - 0 - 00 347,777
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. ~.f.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Trustees of New Hope Christian Church request to: repeal all conditions proffered as part of a previous rezoning on property located at 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 5390105 and 5390106, respectively; rezone 4209 Welcome Valley Road, S.E., 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 539011 5, 5390105, and 5390106, respectively, from R-5, Residential Single-Family District, and 1- 2, Heavy Industrial District, with conditions, to INPUD, Institutional Planned Unit Development; and to amend the PUD plan for 4229 Welcome Valley Road, S.E., Official Tax Map No. 5390113, currently zoned INPUD, Institutional Planned Unit Development District.
Summary:
The Planning Commission held a public hearing on October 14, 2019. By a vote of 6-0, with Commissioner K. Hale absent, the Commission recommends approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Southern Hills Neighborhood Plan, and Zoning Ordinance as the subject property will be redeveloped and used in a manner appropriate to the surrounding area.
Application Information:
Request: Repeal of existing proffered conditions, rezoning to Planned Unit Development, amendment of PUD Plan Applicant: Trustees of New Hope Christian Church Owner: Same as noted above Agent: Clint Pendleton, Parker Design Group, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 4209 & 4229 Welcome Valley Road, S.E.; 0 Van Winkle Road, S.W.; and 4628 Old Mount Road, S.W. Official Tax Nos.: 539011 5, 5390113, 5390105, and 5390106, respectively Site Area: +/- 0.6411 acres Relevant Plans: Southern Hills Neighborhood Plan Proposed land Place of Worship Use: Future land Use: Single Family Residential Filing Date: Original Application: July 29, 2019 Amended Application No. 1: August 26, 2019 Amended Application No. 2: September 20, 2019
Background:
New Hope Christian Church is a place of worship undergoing expansion of the congregation to the point that the existing buildings on their campus no longer allow the congregation to worship and grow as desired. A place of worship has been located on this parcel since 1 954 as part of a low-density residentially developed area of the community. While the place of worship has remained, the area around it has changed to a more industrial area as Rockydale Quarry to the south has expanded its footprint over the years and Appalachian Power established a substation just to the northeast. The congregation has created a master plan involving four parcels; however, three of those parcels have zoning districts that do not do not permit places of worship. To carry out the expansion, the applicant proposes to repeal the proffers on two parcels, rezone three parcels to INPUD, and amend the development plan for the existing INPUD parcel. The result will be that all four parcels are zoned INPUD and there is a unified development plan for all four parcels.
Proposed Use/Development:
The development plan shows a unified grouping of buildings in the center of the campus with a drive and parking areas around the perimeter. The new worship center is built to the rear of the existing main buildings on the property; existing parking areas pulled further from the street; and sidewalks, trees, and shrubs added to the front of the property between the street and parking areas. Some structures will be demolished and new parking areas will be added to the side and rear. Signage will conform to the IN District signage standards.
The proposed uses permitted by the INPUD development plan include: botanical garden or arboretum; club, lodge, civic or social organization; community center; meeting hall; park or playground; place of worship; community garden; mixed-use building; and accessory uses, not otherwise listed.
All proffered conditions applying to the parcels zoned 1-2 will be repealed. Considerations:
Compatibility with Surrounding Land Uses:
The property is located at the southern tip of the City and the existing church has been a part of the community for decades. The future land use map in the Southern Hills Neighborhood Plan from 2002 recommends the area for single family residential use. The zoning ordinance at that time allowed places of worship as a permitted use in residential zoning districts. Since 2002, there have been multiple changes to the surrounding area, primarily with increased footprint of the quarry property that now surrounds over half of the church property and the increased development intensity of the sub-station on the property to the immediate northeast of the church property. The property to the south and west is 1-2, Heavy Industrial, with conditions, and 1-2, Heavy Industrial. The property to the east is ROS, Recreation and Open Space. And the property to the north is ROS, Recreation and Open Space, and R-7, Residential Single Family.
Applicability/Appropriateness of Proposed Zoning District:
The proposed INPUD District allows the applicant flexibility in to develop site specific standards for the development of a campus of institutional buildings. The flexibility in the development standards created by the INPUD requires conformance with the development plan adopted. The district is appropriate for a place of worship campus located in a primarily industrial area with single family residential dwellings nearby.
Availability of Other Property:
The church owns the existing property on which they wish to expand and there is no other INPUD property adjacent to their existing property for expansion of their campus.
Consistency with Comprehensive Plan:
Both Vision 2001-2020 and the Southern Hills Neighborhood Plan recognize that institutional uses are an important part of communities and that the expansion of those existing uses and sites to serve the needs of citizens is appropriate.
Policy/Action Plan Applicability to matter Roanoke's neighborhoods should Comprehensive The property will be used to 1 function as villages, offering Plan , pg. 40 expand the campus of a opportunities to live, work, shop, play, growing institutional use to and interact in a neighborhood meet the needs of the setting. surrounding community.
1 Vision 2001-2020, City of Roanoke, 2001 Southern Hills Neighborhood Plan, City of Roanoke, 2002 Policy/Action Plan Applicability to matter Community Design Southern Hills The Southern Hills plan Recommendations: Neighborhood recognizes the disjointed Streets will be designed to support Plan, pg. 20. development pattern that auto, pedestrian, and bicycle traffic. has existed in Southern Hills New streets and street modifications and that new development should incorporate street design should create a more dense principles of the comprehensive plan. urban environment with urban streets. Community Design Southern Hills Although an institutional Recommendations: Neighborhood development varies from New commercial development must Plan, pg. 20 commercial development, consider adjoining uses during site the concept of compatibility design. Compatibility should be in site design through addressed first by thoughtful site and building placement, building design rather than by parking, and landscaping is screening alone. Commercial building similar and the proposed fronts should be oriented very close to plan does address some of streets. Parking should be to the side these items through moving or back of buildings. Parking lots the existing parking back should have generous amounts of from the street and adding interior landscaping and tree canopy streetscaping elements. coverage.
Comments on Application:
Planning Commission Work Session:
The proposed project was discussed and changes were recommended to correct errors in the application, improve the streetscape design elements, address signage compatibility with the surrounding area, clarify elements of the plan, and provide additional information required by the Transportation Department for complete analysis.
The applicant filed Amended Application No. 1 addressing most of the items and then filed Amended Application No.2 that fully addressed the items discussed.
Interdepartmental Comments:
General comments were provided from the Fire Department, Planning Department, Transportation Department, and Western Virginia Water Authority related to: the site development and processes required to achieve the uses and building sought.
4 Public Comments:
No comment received.
Public Hearing:
No comment received.
Conclusions and Recommendations:
The proposed changes in proffered condition repeal, rezoning, and adoption of a PUD plan for the entire campus allows an existing community church to expand into a new facility on their property so that their congregation can continue to grow. The parcels that make up the property proposed for development are surrounded mostly by industrial and utility uses, but have some residential properties nearby. The proposed development addresses the street by moving the existing parking further from the street and providing streetscaping elements to provide easier pedestrian access to the expanded campus. With the PUD plan proposed, these changes are appropriate for the area.
_g_~_t§~L~ James E. Smith, Chair City Planning Commission
Enclosure: Attachment A, Zoning District Map
Distribution: RobertS. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development lan D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Terry Vandelinde, Trustees of New Hope Christian Church Clint Pendleton, Parker Design Group, Inc. Attachment A ZONING DISTRICT MAP 4209 & 4229 Welcome Valley Road SE, .. ~:- "~ 0 Van Winkle Road SW, and ...... \,.j ..;j~'-l 4628 Old Rocky Mount Road SW 546011J:: Official Tax Parcels: 5390115, 5390113, 5390105, and 5390106 _ma~ mArea to be Rezoned ~ Zoning AD: Airport D.,. jj(; ""r>-. - C6: Commercia~General .'!C:' C· ,-,A-60'\Ql) -? - CLS: C ommerda~Large Srte ,J CN: C ommerciai-N eighborhood
- D: Downtown
- ~1-Light Industrial rty
rJ..~~ - ~2:Heavy Industrial If/0~ - IN: Institutional
0 IN PU D: Institutional Planned Unit Dev
- IP UD: Industrial Planned Unit D ev
MX: Mixed Use
0 MXPUD: Mt R-3: Res Single- F amity R-5: Res Single- F amit1 R-7: Res Single- F amity RA: Res-Agricu~ural RM- ·1: Res Mixed Den; ity RM-2: Res Mixed Den; ity RMF: Res Multifamily - ROS: Recreation and Open Space ...... - UF: Urban Flex ' •• 1 Condrtional Zoning 0 100 200 Feet w+'s zorrin•,,•-'ften,dment Ajqlhcation Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Click Here to Print Phone: (540) 853-1730 Filing Date:! 29 July 2019 Submittal Number: L-13_(_9_12_0_12_0_1_9_) ------~ ~•tJI'IIrWIII&ItBrl9Jt)·:-· 0 Rezoning, Not Otherwise Listed 0 Amendment of Proffered Conditions 0 Rezoning, Conditional 0 Amendment of Planned Unit Development Plan 0 Rezoning to Planned Unit Development 0 Amendment of Comprehensive Sign Overlay District 0 Establishment of Comprehensive Sign Overlay District Address: 4209 & 4229 Welcome Valley Road, 0 Van Winkle Road SW, & 4628 Old Mount Road SW Official Tax No(s).: [5390115, 5390113, 5390105, & 5390106 0 Without Conditions Existing 5390115: R-5 Ordinance l-2(c) Zoning: No(s). (If 5390113: INPUD 5390105 0 With Conditions . (#36980-022205) applicable) &5390106: 1-2 (c) 0 Planned Unit Development 0 Without Conditions Requested INPUD, Institutional Planned Unit Proposed Place of Worship Zoning: Development 0 With Conditions Land Use: 0 Planned Unit Development Pt:ORerl¥~9ft!ff.dlfJW~~: Name: ITrustees of New Hope Christian Church ] Phone Number: I(540)774-7567 ,------Address: '-+-'~---:6~----,..<;~~--=------=------'j E-mail: [ [email protected]] NtJ£l/~~& Name: c______Phone Number:\'--______j Address: E-mail: Applicanfs Signature. Name: [Parker Design Group, Inc. C/0 Clint Pendleton ___] Phone Number: [ (540)387-1153 Address: [ 2122 Carolina Avenue SW ] E-mail: [ [email protected] 1 Prepared fQr Trti$tees Q.t ·· Prepared For: Prepared By: •.•parker NEWHOPE •• DESIGN GROUP New Hope Christian Church Parker Design Group 4229 Welcome Valley Rd SE 2122 Carolina Ave SW Roanoke, VA 24014 Roanoke, VA 24014 (540) 774-7567 (540) 387-1153 www.newhoperoanoke.com www.parkerdg.com BGW BUILDING GOD'S WAY 2909 Washington Blvd Ogden, UT (801) 409-1047 www.bgwservices.com TABLE OF CONTENTS TABLE OF CONTENTS SECTION 1: ZONING AMENDMENT REQUEST NARRATIVE ...... l SECTION 2: PROPOSED LAND USE ...... 4 SECTION 3: LEGAL DESCRIPTIONS ...... 5 SECTION 4: PROFFERS ...... 6 SECTION 5: EXHIBITS ...... 7 Turn Lane Warrant Analysis & Trip Generation Calculations ...... 1 SECTION 1: Introduction ...... 2 SECTION 2: Existing Conditions ...... 2 SECTION 3: Analysis and Results ...... 3 SECTION 4: Conclusion ...... 5 SECTION 1: Zoning Amendment Request Narrative ..... ··--·--· ------·------~-.--·--- .. ------ The Trustees of New Hope Christian Church (NHCC) are requesting a multi-part zoning request for their future addition. Currently the City of Roanoke Tax Map Parcels 5390105, 5390106, 5390113, and 5390115 are l-2(c) (Heavy Industrial Conditional - Ordinance #36980-022205), 1-2, INPUD (Institutional Planned Unit Development District), and R-5 (Residential Single-Family) respectively. In order to establish dimension regulations and conditions by the applicant, it is requested the parcels to be rezoned from their respective zones to INPUD. Parcel 5390113 originally zoned RS-3 (Residential Single-Family District) was rezoned as INPUD as a result of new zoning ordinances of Vision 2001-2020 on adopted December 5, 2005. This rezoning occurred without the benefit of a development plan. In order to establish district standards and facilitate the growth of NHCC, the aforementioned parcels are to be rezoned and conform to the standards established development plan. New Hope Christian Church is an independent, nondenominational church affiliated with the Christian Churches/Church of Christ that provides the community with three main services on Sunday as well as ministries, life groups, Sunday studies, and other group activities throughout the week. Situated near the Southern Hills Region of the City of Roanoke, NHCC provides a community for the young, students, and adults alike. Unlike the densely church populated downtown, the location of NHCC serves an area of the City of Roanoke with limited church options. Existing Conditions: Figure 2 shows the existing conditions of the site. The parcels are bounded by the Rockydale Quarry zoned 1-2 (c), subdivision zoned R-7 (Residential Single-Family), AEP facilities zoned ROS (Recreation and Open Space). The existing main building is ± 7375-sf and accommodates ± 150 seats with the auxiliary buildings providing offices, residence, and classrooms currently. The site currently has five entrances, with two of those access points circulating traffic to the main building. Currently 129 parking spaces are provided. Development Plan: As New Hope's community continues to grow, it is planned to expand its facilities and improve the current site as seen in Concept Master Plan (Figure 3). The planned additions include the following: removal of existing buildings for parking improvements/additions, erecting a new sanctuary, entrance improvements, traffic flow improvements, and amenities. The existing main building will be converted into a fellowship hall, kitchen, offices, storage, teen space, and additional classrooms. The new sanctuary will provide 427± seats with room for additional seats in future development. Conceptual floor plans and elevations have been provided by Building God's Way (See Figures 4 thru 9). This building will provide NHCC with a modern sanctuary, classrooms, and common areas. A covered drop off further off of Welcome Valley Road, reduction/improvement of entrances, and connected driveway will support improved traffic circulation. A picnic shelter with access from the proposed new sanctuary is proposed near the existing playground area. Amenities such as grill stations and fire pits will be included within the p1cn1c area. The Concept Master Plan (Figure 3) shows proposed development phasing in order to keep NHCC operational while under construction. In Phase I the existing parking lot adjacent to the existing sanctuary will undergo beautification and entrance improvements. During Phase II the proposed sanctuary and parking expansion will be constructed and will meet parking requirements set forth by zoning ordinance. Phase Ill will add additional parking, beautification, and entrance improvements. Phase Ill will also require the removal of the existing offices and accessory structures located on parcels 5390113 & 5390115. The structure located on parcel 3950115 to remain until parking lot expansion in future development (future parking area shown on Figure 3). Development of the perimeter access drive may be constructed separately or during other phases, dependent on available funding. The intent is for the Phase Ill parking area to be primarily for church staff, while the remaining parking areas serve all other traffic. All parking improvements will be setback from the right-of-way a minimum of 10-feet in addition to the proposed sidewalk and planted strip. The walking trail seen to north of the parking lot and looped around the playground area is in a floating phase to be constructed as desired by NHCC. The additions proposed conform to the (PE A2 & A4) action for education and lifelong learning of the Vision 2001-2020 Comprehensive Plan, with programs to educate persons from birth to adults. New Hope Christian Church touts on their website that their engaging events and gatherings are for everyone stating, "Young or old, Christian or not, single or married, man or woman- we've got a place for you!". This addition allows for New Hope's ministries and activities to reach more youth in the City of Roanoke. Church leaders who 2 volunteer in the Kid's Ministry have had background checks and are committed to making the ministry a safe, biblically relevant, and fun environment. The exterior of the proposed building will be comprised of several different building materials. In some areas the foundation will be minimally exposed concrete. The exterior walls will be clad in brick veneer, Split-face CMU veneer, EIFS, and accents of metal panel finish. The glazing and entrance doors will be aluminum storefront. Other doors will be insulated hollow metal. The entry canopy will have stone veneer columns with exposed tube steel "beams" and standing seam metal roof. Any new signage on the INPUD zoned property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668-1, for the IN, Institutional District. The traffic for the site has been analyzed in the attached "Turn Lane Warrant Analysis & Trip Generation Calculations for New Hope Christian Church". In the analysis, turn lanes and tapers will not be required for the site, however the building addition will increase the trips to the site. Current traffic conditions on Sundays cause a buildup of traffic along Welcome Valley Road due to the current sanctuary's entrance. The location of the proposed sanctuary, its addition of a drop off area, and reduction from five (5) entrances to two (2) entrances will improve interior traffic circulation and mitigate existing traffic issues that occur along Welcome Valley Road on Sundays. The analysis concluded that no turn lanes are warranted, however a right-turn taper is warranted for the west entrance if the right-turn adjustment is not applied. 3 SECTION 2: Proposed Land Uses Botanical garden or arboretum Club, lodge, civic, or social organization Community center Meeting hall Park or playground Place of worship Community garden Mixed-use Building Accessory Uses, not otherwise listed 4 SECTION 3: Legal Descriptions Tax Parcel #5390105 BEGINNING AT A POINT BEING THE COMMON CORNER OF TAX PARCELS #5390106, #5390109, AND #5390105; THENCE WITH THE SOUTHERN BOUNDARY OF TAX PARCEL #5390109, OWNED BY DOWNTOWN HOLDINGS LLC; N27°56'47"73.87' TO A POINT BEING THE CORNER OF TAX #5390104, OWNED BY APPALACHAIN POWER; THENCE WITH THE APPALACHAIN POWER PROPERTY S41°47'12"E 76.85' TO A POINT; THENCE S31°05'50"W 60.75' TOA POINT ON THE EASTERN BOUNDARY OF TA.){#5390106; THENCE WITH SAID TAX PARCEL N51°01 '13"W 70.04' TO THE PLACE OF BEGINNING AND CONTAINING 0.110 ACRES. Tax Parcel #5390106 BEGINNING AT A POINT ON THE NORTHERN BOUNDARY LINE OF TAX PARCEL #5390113, SAID POINT BEING THE COMMON CORNER OF TAX PARCELS #5390108 AND 5390106; THENCE N51°45'08"W 267.86' TOA POINT BEING THE CORNER OF TAX PARCEL #5390107; THENCE N68°55 '00 "W 72.50' TO A POINTON THE SOUTHERN BOUNDARY OF THE PROPERTY OWNED BY DOWNTOWN HOLDINGS LLC; THENCE WITH SAID PROPERTY N43°40'42 "E 137.49'TO A POINT BEING THE CORNER OF TAX PARCEL #5390105; THENCE S51°01 '13"E 280.44' TOA POINT BEING THE COMMON CORNER WITH THE LANDS OWNED BY APPALACHAIN POWER; THENCE STILL WITH APPALACHAIN POWER, N70°02'47"E 78.71' TO A POINT; THENCE S45°21 'OO"E 59.00' TO A POINT BEING THE COMMON CORNER BETWEEN TAX PARCEL #5390104, AND TAX PARCEL #5390106; THENCE S56°10'57"W 55.30' TO A POINT BEING THE COMMON CORNER OF TAX PARCEL #5390113; THENCE WITH SAID TAX PARCEL S56°32'55"W 125.97' TO THE PLACE OF BEGINNING AND CONTAINING 1.025 ACRES. Tax Parcel #5390113 BEGINNING AT A POIN ON THE NORTHERN RIGHT OF WAY OF WELCOME VALLEY ROAD, SAID POINT BEING THE COMMON CORNER WITH THETA){ PARCEL #5390117 OWNED BY ROCKYDALE QUARRIES CORPORATION; THENCE LEAVING SAID NORTHERN ROAD RIGHT OF WAY AND WITH 2 PROPERTIES OWNED BY ROCKYDALE QUARRIES CORPORATION, N35°20'05"W 571.80' TOA POINT ON THE SOUTHERN BOUNDARY OF TAX PARCEL #5390108; THENCE N56°32 '55 "E 152.82' TO A POINT; THENCE S35°20 '05 "E 24.78' TO A POINT; THENCE N50°18'05" 201.63' TOA POINT ON THE WESTERN BOUNDARY OF THE PROPERTY OWNED BY APPALACHAIN POWER, THENCE WITH THE APPALACHAIN POWER PROPERTY, S35°20'05"E 275.85' TO A POINT; THENCE N56° 13 '55 "E 40.01' TO A POINT, AND BEING THE NORTHWEST CORNER OF TAX PARCEL #5390115; THENCE WITH SAID TAX PARCEL, S35°20'05"E 276.59' TO A POINT ON THE NORTHERN RIGHT OF WAY OF WELCOME VALLEY ROAD; THENCE WITH SAID RIGHT OF WAJ: S54°06 '45 "W 393.80' TO THE PLACE OF BEGINNING AND CONTAINING 4. 774 ACRES. Tax Parcel #5390115 BEGINNING AT A POINT ON THE NORTHERN RIGHT OF WAY OF WELCOME VALLEY ROAD, SAID POINT BEING 233' WEST FROM THE CORNER OF THE BLUE RIDGE PARKWAY PROPERTY; THENCE LEAVING WELCOA1E VALLEY ROAD N35°20 '05 "W 276.59' TO A POJNTON THE SOUTHERN BOUNDARY OF THE LAND OWNED BY APPALACHIAN POWER; THENCE WITH THE APPALACHAIN POWER PROPERTY, N56° 13'55"E 156.00'; THENCE STILL WITH THE APPALACHAIN POWER PROPERTY, S35°20'05E 271.64' TO A POINT ON THE RIGHT OF TVAYOF WELCOME VALLEY ROAD, THENCE WITH THE SAID RIGHT OF WAJ: S54°24'40"W 155.94' TO THE PLACE OF BEGINNING AND CONTAINING 0.981 ACRES. 5 SECTION 4: PROFFERS The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. (36980-022205*) be repealed as it/they pertain(s) to Official Tax No(s). (5390705 & 5390706): I. The properties being rezoned from RS-I (Residential Single-Family District), C-1 (Office District), and RS-3 (Residential Single-Family District) to HM (Heavy Manufacturing District) (the "HM Property") will be developed in substantial confom1ity with the HM Development Plan prepared by Lumsden Associates, P.C., dated November 22, 2004, a copy of which is attached to this petition as Exhibit B, subject to any changes required by the City and subject to changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. 2. The property to be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District) (the "RA Property") will be developed in substantial conformity with the RA Development Plan prepared by Lumsden Associates, P.C., dated July 26, 2004, a copy of which is attached to this petition as Exhibit C. 3. The RA Property will not be further developed but shall remain pastoral. This will not, however, prevent the construction of a barn or other facilities needed to properly care for the horses located on the RA Property. To that end, the only permitted uses which shall be allowed on the RA Property shall be (a) single family detached dwellings and (b) stables which are accessory to a single family detached dwelling provided a minimum of two (2) acres is provided for each horse in the stable. 4. By February 22, 2010, Rockydale shall place a conservation easement on the RA Property upon terms acceptable to either the Western Virginia Land Trust or the Blue Ridge Parkway. 5. No pennanent processing equipment will be placed on the HM Property. 6. Blasting operations on the HM Property will be carried out no earlier than 9:00 a.m. and no later than 4:00p.m. Monday through Friday (except that where federal or state safety rules dictate that blasting scheduled prior to 4:00p.m. be completed after 4:00p.m., the 4:00p.m. deadline shall be extended in order to comply with safety regulations). Normal quany production on the HM Property will occur between 7:00a.m. to 6:00p.m. Monday through Friday, and 7:00a.m. to 12:00 noon Saturday. In the event, however, that a public emergency or the failure of road, railroad, dam or similar infrastructure requires emergency repair(s), blasting operations and quarry production on the HM Property may be extended to meet the requirements associated with said emergency. 7. In its operations on the HM Property, Rockydale will limit ground vibration from blasting for all shots to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy regulations or the regulations of its successor agency, a copy of which regulations are attached hereto as Exhibit I. 8. Earthen berms will be constructed, vegetated and planted with trees for visual and acoustical mitigation as shown on the Rockydale Quarry Expansion Planting Areas plan ("HM Landscape Plan") prepared by Hill Studio, dated December I, 2004, a copy of which is attached to this petition as Exhibit J-1, J-2, and J-3 subject to any changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. No full scale production on the HM Property will occur prior to establishment of all necessary sediment and erosion control structures, placement of screening berms with their associated stabilization as shown on the HM Landscape Plan, and the erection of a perimeter fence around the proposed quarry pit. To allow sufficient time for trees to mature, minerals on the northeasterly side of the slope to be quarried shall be extracted in general conformity with the timelines illustrated on maps attached as Exhibits E, F, G, and H. 9. A wheel wash station will be located so as to require all loaded vehicles to pass through it before entering onto public roads. *All proffers have been included for the Ordinance No. 36980-02205. Appeal applies to 5390105 & 5390106 of the 15 tracts in the ordinance. 6 SECTION 5: EXHIBITS FIGURE 1------ZONING DISTRICT EXHIBIT FIGURE 2______EXISTING CONDITIONS FIGURE 3------CONCEPT MASTER PLAN FIGURE 4 ______ELEVATION CONCEPTS FIGURE S______ELEVATION CONCEPTS FIGURE 6______CONCEPTUAL FLOOR PLAN FIGURE 7______3D RENDERING FIGURE 8 ______3D RENDERING FIGURE 9______EXTERIOR VIEWS 7 GRAPHIC SCALE riN FEET 1 GAP UNID[NnFIED OWNER TAX#539010S(0.11 AC.) TRUSTEES OF NEW HOPE CHRISTIAN CHURCH TAXIJ5lll0113(4.n,u;.) 0 VAN WINKLE RD SW TRUSTEES OF NEW HOPE~ CHURCH CURRENT ZONING: l-2(c) 42zt WELCOME VALLEY IOU PROPOSED ZONING: INPUD CURRENTfPROPOSED ZONING; DtPUD I N/F TAX J54SOI09 DOWNTOWN HOLDINGS LLC CURRENT ZONING· R-7 ZONING DISTRICT EXHIBIT NEW HOPE CHRISTIAN CHURCH DEVELOPMENT PLAN www park.:.rdg com 8/26/2019 1 ~,~, N/F ~ ~> TAX /5390202 ~~--~--~------ROCKYDAL£ QUARRIES CORP ZONING: 1-2 N/F TAX j5J90116 1IN FEET 1 APPALACHIAN PO'AfR ZONING ROS 8lll N/F TAX J537010J ROCKYDAL[ QUARRIES CORP ZONING 1-2 GAP UNID[NnFI£D OWI'I[R \ N/F TAX /5390104 "pfayr;round APPALACHIAN POKf'"R ~uipm~t ZONING R-7 N/F TAX ;15310102 monument ROCKYDAL£ QUARRIES CORP s1gn ZONING. 1-2 ~graw:lpalh =- I': , ' @ paved parking 'f swmdry~ light pMd pole~ Ow! N/F TAX /5390109 N/F ROCK'rDAL£ QUARRIES TAX /5390117 CORP ROCK YDAL£ QUARRIES CORP ZONING 1-2 ZONING 1-2 N/F TAX /5390108 RDCKYOAL£ QUARRIES CORP ZONING 1-2 2122Carohn:sA"e.SW Roanoke. VA 24014 EXISTING CONDITIONS FIGURE Ph 540-387-1153 NEW HOPE CHRISTIAN CHURCH DEVELOPMENT PLAN h-< 540-389-5767 www parkedg com 8/26/2019 2 SITE SUMMARY PROPOSED LAND USES ~EES ')F N,O:W HOP: CHRISTIAN CHURC--< BOTANICAL GARDEN 0"1. ARBORETUM TAXNL.MBER 5J90"05 5390'06 53~0113& 5J90") C-UB LODGE CIVIC OR SOC!!Il ORGANIZATIO~ TOTALI\R:::A (0."1+" J1•.t.77•011)i ·t;85AC CO~IMU'.IITY CENTE'<. ME:T!NG.-lAL- EXIS~!NG lOMI' PAR.<;II' PARKit'.G "RO'/IOED 1a0 SPACES r •a A::AJ MIN, F~C'IT PARKI"G SET3,\Co\ 1G-FT )Nh["' ~ rc_cnT:rv-; ~ ' \ Pr ;QRP STRUC'~RE:S ro __,---/kJ- REr/Aifl. , G-FT ;Ro"- PARo\ING s:::TBACK "'DECICUOI.S TREES& EVE"GREiO"SrlRUBSrTY" I (INF~-;-1 loncn ~ 80'1 2122 c~rolrn~ Ave SW RoJnoke. VA 24014 CONCEPT MASTER PLAN FIGURE Ph.S40-J87-II53 NEW HOPE CHRISTIAN CHURCH DEVELOPMENT PLAN F1x. 540-389-5767 NWw pari,:erdg com 9/20/2019 3 w \!) :3· ..1' 0 ..u VI s:::: 0 :;: 0 > (!) w... 0 ·;::: (!) >< -w w sf.!) ..!' 0 ..u Ill 1: 0 :;:: c > w(!) ·;::0 (!) -w>< --, !.iJ t-' ~· OPTIOfi.ALALTE /'.ATE ZOt'>IE .J 15' sqlt 0 ..u t: .Q CL 0 0 FIRST FLOUR PI AN u:::: "' 't\ LU ~ :3· ..J' 0 u ..•• w (,!) ct . ..I ..I' 0 ..u Ol r::: ·;:: QJ "C r::: (J) a.:: 0 ("") i.U ,.J.~ ,.J 0 ..u Cl'l ~ Q) > .Q Qj -w>< Turn Lane Warrant Analysis & Trip Generation Calculations for New Hope Christian Church Roanoke, Virginia August 26, 2019 PREPARED FOR: Trustees of New Hope Christian Church 4229 Welcome Valley Road Roanoke, VA 24014 PREPARED BY: IIi••• ~flrN~~rr Engineers I Surveyors I Planners I Landscape Architects 2122 Carolina Ave. SW Roanoke, Virginia 24014 PH: 540-387-1153 FAX:540-389-5767 www.parkerdg.com SECTION 1: Introduction This study was completed by Parker Design Group, Inc. (PDG) for Trustees of New Hope Christian Church to support the new sanctuary building addition. This study was completed to determine if a right and/or left turn lane is warranted for the proposed development to be located on Welcome Valley Road in Roanoke, VA. Included herein is a description of the analysis completed and conclusions made by PDG. SECTION 2: Existing Conditions Existing Traffic Data -Welcome Valley Road I Old Rocky Mount Road The only VDOT published traffic data available represented traffic on VA-789 Old Rocky Mount Road, which leads into Welcome Valley Road near the entrance of New Hope Christian Church. The Annual Average Daily Traffic Volume (AADT) provided is 1500 provided by data collected (12/04/2018) located in Appendix A. The AADT was increased by 30% to provide for traffic on Welcome Valley Road. Since a Peak Hour Factor (K) and Peak Directional Factor (D) were not provided, an average of 11% for KxD was used per Figure 3-27 (pg. F-81 of. VDOT's Road Design Manual). Welcome Valley Road is a two-lane roadway with a posted 30 mph speed limit. Annual Average Daily Traffic AADT: 1,950 Peak Hour Traffic Volume (Calculated) PHV: 234 Peak Hour Directional Volume (Calculated) 215 Existing Site Trip Generation The existing site serves as a Church (ITE use #560) with less seating, than the proposed building 1 addition. The 10 h Edition ITE Trip Generation values stated below are used to generate the proposed trips seen br-e-"lo_w_. ______, Existing Trips 66 Weekday 38 Saturday 182 Sunday 2 Peak Hour AM (7-9) 3 AM 5 Peak Hour PM (4-6) 6 PM 66 per hour (Saturday) 81 per hour (Sunday) 2 Existing Traffic Patterns The existing site is located on the northern side of Welcome Valley Road. The lane configuration on Welcome Valley Road consists of a two-lane road with no median or limited access. The current site has five driveways and a loop to flow traffic on and off of the site. SECTION 3: Analysis and Results Proposed Site Trip Generation The proposed use is a ±427 seat church consisting of a main sanctuary and classrooms to be 1 used for Sunday school. More specifically described as ITE use #560, Church. The 10 h Edition ITE Trip Generation values stated below are used to generate the proposed trips. See Appendix B for Trip Generation Calculations. Per seat: Weekday: 0.44 trips per day Saturday: 0.25 trips per day Sunday: 1.21 trips per day AM Peak Hour: 0.01 trips per hour Weekday AM: 0.02 trips per hour PM Peak Hour: 0.03 trips per hour Weekday PM: 0.04 trips per hour Sat. Peak Hour: 0.44 trips per hour Sun. Peak Hour: 0.54 trips per hour The proposed trips entering/exiting the site are as follows. Proposed Trips for New Development 188 Weekday 107 Saturday 517 Sunday 4 Peak Hour AM (7-9) 9 AM 13 Peak Hour PM (4-6) 17 PM 188 per hour (Saturday) 231 per hour (Sunday) 3 Proposed Directional Splits Directional volumes were determined for left and right turn movements or Weekday AM and PM peak hours by applying the following: • Directional volumes were determined for left and right turn movements for Weekday AM and PM peak hours by applying the following: o Directional Split of traffic accessing the proposed use: 50% traveling east in the AM and west in the PM 50% traveling west in the AM and east in the PM • Entering/Exiting Split: The ITE Trip Generation Manual specifies the splits for this use is as follows: Weekday Peak Hour AM Adjacent Traffic: 50% entering I 50% Exiting Weekday Peak Hour PM Adjacent Traffic: 86% entering I 14% Exiting Saturday Peak Hour Generator: 46% entering I 54% Exiting Sunday Peak Hour Generator: 49% entering I 51% Exiting Turning Movements for Design Sunday has been used to evaluate turn lane and taper warrants due to the increased traffic from Sunday service. Applying the ITE Trips generated and the directional splits for the proposed development, the turning trips for use in evaluating the left turn and right turn lane warrants were calculated as follows: Right Turn Analysis Determine Peak Hour Volume Turning Right into Site during Sunday Peak Hour Directional Split for PM Peak: Entering 0.49 (from ITE Manual) Exiting 0.51 (from ITE Manual) Generated Sunday Peak Hour Traffic: 231 (from Trip Generation Cales) Trips Entering Site: 113 Split for Right Turns into Site: 0.50 Calculated Right Turn Volume: 56 vph Approaching Volume: 215 vph Right Turn Lane Warrant Analysis & Recommendation Entering the parameters into Figure 3-26 "Warrants for Right Turn Treatment (2-Lane Highway)", using the A.M. right-turn volume of 56 vph and approach volume of 215 vph, warrants a taper (without the right-turn adjustment) and does not warrant a right-turn lane. The VDOT warrant figures are found in Appendix C. 4 Left Turn Analysis Determine Peak Hour Volume Turning Left into Site during Sunday Peak Hour Directional Split for PM Peak: Entering 0.49 (from ITE Manual) Exiting 0.51 (from ITE Manual) Generated Sunday Peak Hour Traffic: 231 (from Trip Generation Cales) Trips Entering Site: 113 Split for Left Turns into Site: 0.50 Calculated Left Turn Volume: 56 vph Advancing Volume: 215 vph Opposing Volume: 19 vph % Left Turn Volume (L): 27 % Left Turn Lane Warrant Analysis & Recommendation Entering the parameters into Figure 3-9 "Warrants for Left Turn Storage Lanes on Two-Lane Highways", using the A.M. left-turn volume of 215 vph (VL) and opposing volume of 19 vph (Vo), results in a left-turn lane not being required. The VDOT warrant figures are found in Appendix C. SECTION 4: Conclusion Based on estimations, assumptions, and calculations presented herein, the need for right turn lanes, and left turn lanes are not warranted. A taper is warranted on the western entrance and not on the easterly entrance assuming a 70/30 split between entrances, however, the taper is not warranted when the right-turn adjustment is applied. 5 Appendix A Existing Traffic Data 6 Virqinia Department of Transportation Traffic Enqineerinq Division 2018 Annual Averaqe Daily Traffic Volume Estimates Bv Section of Route Roanoke Maintenance Area ------Truck------Route Length AADT QA 4Tire Bus QC K QK Dir AAWDT QW Year 2Axle 3+Axle 1Trail 2Trail Factor Factor Rnanuke Cunnty FUJ9 80-6-tO Allc:-~han~ Dr I :§ LeeRd 0.50 80 R NA NA 08/02/2018 Dead End Fmm Dead End § Greenhouse Rd 040 60 R NA NA 01/11/2018 lbl 80-612 Slings Gap Rd I fU)m..l Dead End § Old Rocky Mount Rd 0.19 1500 R NA NA 12!04/2018 SCL Roanoke I Appendix B Trip Generation Calculations 8 Trip Generation Calculation 19-Jul-<019 New Hope Christian Church- City of Roanoke parker=·= Use Classification Future Trips We~kdciy 'N""'d•v~ w""''d,Jy IN~e'o.d~_Y I N~ekday Weekd~; 4 w .. ~~day Weekd<~y Sdturd.ty AM G~n ~dturda; Sundoly 9AM bPM' PMGen 0" 0.02 0.44 054 Total~ EKisting Trips D.1oly Trop~ o~ '><'Ob Peak Hour T"P~ ;s 5~al> \\leekdd{7 Weekd•v Weekdayt 1 ~~£ell l,n u,~ues'"Pl•on NumberufSedh Weekdd¥ 9AM S•turdd{ ~und•y Soturd•v SGOChurch 054 Total~ Trip Increase Pe~k Hour vi .\djdCPnt )\f<'<'l frJf'IC •)nt• HO\H ii,t "r.,pGenerdllonb-lw•iontatll>qLJMPioot,g\'.)fuv Appendix C Left/Right Warrant Analysis 9 120 100 20 100 ~ 300 700 PHV APPROACH TOTAL, VEHICLES PER HOUR Appropriate Radius required at all Intersections and Entrances (Commercial or Private). LEGEND PHV- Peak Hour Volume (also Design Hourly Volume equivalent) Adjustment for Right Turns For posted speeds at or under 45 mph, PHV right turns> 40, and PHV total < 300. Adjusted right turns = PHV Right Turns- 20 If PHV is not known use formula: PHV = ADT x K x D K =the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11% forK x D will suffice. FIGURE 3-26 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) 10 WARRANT FOR LEFT- TURN STORAGE LANES ON TWO-LANE HIGHWAYS Grade, Onsignalized Iotersectioos L • t Left Turns in VA I s - stora9e Len9th Required a.. 700~++~~~++~~~rr~+;~~~+f~-rt ~ • 40 mph (Operatin9/Desiqn Speed) > 1+·:+-.4'·±H''+\-1-++++1-+H-+1--!'t+-+-M~H+H--tci-+ L - JOt w 600~++44~~+++4~~~++~~~~~~-P~~,_rrr+~~rr~ ~ ~~~~~++~44~~~~~~,~~rr~++~~rr~~ o so 0~_:'++++"!-.. :-ot.. _. _rl_.,<&:_.,,_.!';\< ~ t--+~++444.-1-+-+---P..t---+-H~+-+..t-t""t--'H--Pt-+-t-t--rr++-t-t-+i > ~-~~++~~~+1~1--+-~~~++~H-~-t--H-++-t--H-~ c:> 4 o 0 ,,,,, .,_.,,, , ,'~++++44-+-11-+-l~+-+--w-++----N-t--P~o:-+-P-.t-t-H-Trr+-+-t-t-H z -<···•·'"····:·'i••,•··•·''··• -.:,:_ ·:>', ,,,_. .. ' ~ I 1\. "" a 300't!~~~~~"'~'~,--I'"~,E·~~~Et~EEl3=E±i~E±~E~,'~~~~~E~~2Etl2EEI~~~ ~ 2 0 0 ; No Left ~;~r n ::, ,,:;::t-t.+=t~~~ttJ,,,i~' :'~., }'.- s~~ ;; lOOf~±,h~J~nte1--'1.,+.-R~::,f,Pe:,j_"+'_b9'1,_.f~~··+·f'-··-frr~~+-:::-,~+-:·-;f:r+t:+-'_+::~:ro-to-t.f--++--l++-t-+f--+~+-t~/+o?f-..st-l_++~~i'jr--1-~""""'7;r-..s-t~--'lSf-_ttst~i/~--lsh-:t~-to""'or,t-1 ~ITH~~~TI±~±tlTI±~~TI+~~+tt~ . 0 1::":1 400 600 8 0 0 1000 ~VA ADVANCING VOLUME (VPH) I FIGURE 3-9 I 800 \ 1'\ Gre.de, Unsiqna.lized Inters• ctions I L - t ~ft Turns in VA a.. s . Storage Lenqth Requir ed 700 i9n Spe& ~ - 40 mph (Operatin9/Des L - 40t w 600 :\ :'E '·1~ ::l -J 'P' 0 500 ~ 1'\ ~ > 'P' C) -z. z 400 ~ VI I 1'- 0 a.. 300 s,~tr a.. N~' V>o r-~ 0 No Left-Turn ~ ~U' 200 ,, ...r, s,::.... s""s::--. ~ 0 Lane ' I / " ~~ I '< 0 I I 0 200 400 600 800 1000 VA ADVANCING VOLUME (VPH) FIGURE 3-10 11 Appendix D Site Map & Stopping Sight Distance 12 CCRP _.,..:. __ :;~p c,ll.iY~·~·nr:: J,'VII.f:'i- \ \ \~ :.ORF S!RIJC -Rf::S TO ~~-..P,.r REr.,1AII\ (IN FEET 1 lncenctlveDeslgnGroup 3016thStreet..S.W CONCEPT MASTER PLAN EXHIBIT Roanoke VA 240 16 TRAFFIC IMPACT ANALYSIS F;--:. 540-389-5767 Ph (540)34Z-7534 www par\.;erdg com www odgard>itecture com 8/26/2019 1 'r------,---~U45 j 1J4C 1JJ5 25 :1 1JJC 03.' .... T T 1325 '· G>'~OUNC hEI;ATION 132C ': 2.522 ----•MIIIt 250'@35MP-!) ~---- 1310 ol----+----:-t-----i---i---+---+--+-__juos 0+00 0+50 1+00 1+50 2+JO 2+50 3+003+25 EB 550 PROFILE- Scale: H: 1"=80', V: 1"=20' I" I 'I il cl 0 0 + 0 --~-- GRAPHIC SCALE STOPPING SIGHT DISTANCE LINE OF SIGHT ( INt'EET 1 Mlf'.. 250-FT@ 35MPH 1 men .. 80" 1122 Cuolina Ave SW lnrenCtJ,eOes•gnGrm,p EAST-BOUND STOPPING SIGHT DISTANCE; WEST ENTRANCE Ro~noke. VA 2.4014 3016thStreet.SW EXHIBIT Ph: 540-387-1153 Roanoke. VA HO 16 TRAFFIC IMPACT ANALYSIS FJx: 540-389-5767 Ph (540)342-7534 ;vww parl.:erdg com WWWidgarch•tecturecon' 8/26/2019 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Vuginia24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC E-mail: [email protected]. va.us STEPHANIE M. MOON, CMC City Clerk Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. 0. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36980-022205 rezoning 62.4277 acres, more or less, cohsisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., from RS-1, Residential Single-Family District, RS-3, Residential Single-Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, n A~ J. t-A-. '"- Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte February 25, 2005 Page 2 pc: The Branch Family LLC, 4552 Franklin Road, S. W., Roanoke, Virginia 24014 Western Virginia Water Authority, 2012 S. Jefferson Street, Suite 200, Roanoke, Virginia 24014 Summit at Roanoke Apts., LLC, 4333 Edgewood Road, N. E., Cedar Rapids, Iowa 52499 Ms. Stacy Ann Lucas, 3946 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Gary W. Critzer, 4531 Narrows Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Kenneth A. Muncy, 1005 Boon Bernard Drive, Boones Mill, Virginia 24065 America Electric Power, P. 0. Box 2021, Roanoke, Virginia 24022 Mr. and Mrs. Russell C. Etter, 4542 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Trustees, New Hope Christian Church, 4229 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Margaret B. Young, Trustees of First Union National Bank of Virginia, 4 73 7 Barclay Square, Roanoke, Virginia 24018 Rockydale Quarries Corporation, P. 0. Box 8425, Roanoke, Virginia 24014 S. R. Draper Paving Company, 4742 Old Rocky Mountain Road, S. W., Roanoke, Virginia 24014 Joe B. Helms, Jr., 3775 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Frank E. Wilson, 4125 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. David M. Derrow, 4117 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Conrad R. Altizer, 4111 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Ms. janice S. Latham, 4101 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Edward C. Kennedy, 4097 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. W. H. Radford, 4091 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Deborah W. Cassell, 4077 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. William R. Divers, 4070 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Campbell Heirs Cemetery, Clarence W. Simmons, 5605 Franklin Road, S. w., Roanoke, Virginia 24014 Mr. and Mrs. Kenneth W. Wilson, Route 1, Box 335, Elliston, Virginia 24087 Maryellen F. Goodlatte February 25, 2005 Page 3 pc: Mr. and Mrs. Kenneth W. Wilson, Old Heritage Corporation, P. 0. Box 8425, Roanoke, Virginia 24014 Gary Johnson, Superintendent, Blue Ridge Parkway, National Park Service, U.S. Department of the Interior, 199 Hemphill Knob Road, Asheville, North Carolina 28803-8686 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission 'a-)·~I r1 ~;( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36980-022205. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 538,539, and 453, Sectionall976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Rockydale Quarries Corporation has made application to the Council of the City ofRoanoke to have Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C-1, Office District; Official Tax No. 5380125, zoned RS-1, Residential Single Family District; and Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, subject to certain conditions proffered by the applicant; 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; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 22, 2005, 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 app1ication, 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: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 538, 539, and 453 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W. and Van Winkle Road, S.W. and designated on Sheet Nos. 538, 539 and 453 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5380106,5380107, 5380108, 5380123, and 5380110, zoned C-1, Office District; Official Tax No. 5380125, zoned RS-1, Residential Single Family District; and Official Tax Nos. 5390110, 5390117,5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on January 31, 2005 and that Sheet Nos. 538, 539 and 453 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 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: [email protected] An:hltectural Re•lellt Board Board of Zoning AppeYis February 22, 2005 Pl~nning Commission Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian j. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W., and Van Winkle Road, S.W., bearing Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C- 1, Office District; Official Tax No. 5380125, RS-1, Residential Single Family District; Official Tax Nos. 5390110,5390117,5390109,5390108,5390106, and 5390105, zoned RS-3 Residential Single Family District, be rezoned to HM, Heavy Manufacturing; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2006. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the requested rezoning of the First Amended Petition. 1 Background: A petition was filed on December 3, 2004, for a change of zoning on twelve (12) parcels consisting of approximately 53.1 acres from C-1, Office, RS·l, Residential Single Family, and RS-3, Residential Single Family to HM, Heavy Manufacturing, and for a change of zoning on three (3) parcels consisting of approximately 9.3 acres from HM to RA, Residential Agricultural. The rezoning petition is one of three companion petitions being filed. The two other petitions are an amendment to the Southern Hills Neighborhood Plan and a vacation of Draper Road and portions of Old Rocky Mount Road and Welcome Valley Road. A First Amended Petition, dated January 28, 2005, was approved by the Planning Commission at the public hearing on January 20, 2005. The one (l) change is the addition of a proffer stating the petitioner will commit to a conservation easement for the three (3) parcels proposed to be rezoned to RA, Residential Agricultural. Consideration: The land uses and zoning districts surrounding the twelve (12) subject parcels proposed to be rezoned to HM, Heavy Manufacturing include: • To the northwest from U.S. Route 220 to Old Rocky Mount Road is a C-1, Office district. Adjacent uses include a contractor's office, a water tower, a multifamily development, and single family dwellings. • To the northeast from Old Rocky Mount Road to Welcome Valley Road is a RS-3, Residential Single Family district. Adjacent uses to the subject parcels include the New Hope Christian Church and single family dwellings. • To the east and southeast is a HM, Heavy Manufacturing district which includes Draper Paving Company and parcels owned by Rockydale Quarries. • To the south is the Blue Ridge Parkway in Roanoke County. • To the southwest across U.S. Route 220 are single family dwellings in Roanoke County. The land uses which surround the three (3) subject parcels proposed to be rezoned to RA, Residential Agricultural are: • Within the same HM, Heavy Manufacturing zoning district are three (3) smaller parcels consisting of two (2) single family dwellings and a cemetery. These parcels are not owned by the petitioner and not subject to the rezoning request. • Other adjacent parcels along Welcome Valley Road contain single family dwellings zoned RS-3, Residential Single Family district. 2 • South of the subject parcels, across the Mill Mountain Spur, are parcels associated with the quarry operation zoned HM, Heavy Manufacturing. The proposed rezoning of the subject parcels is consistent with following actions of Vision 2001-2020, the City's Comprehensive Plan: Roanoke will protect the steep slopes, ridge tops, and view sheds within the City as important environmental and scenic resources and will cooperate regionally to protect such resources located outside of the City (EC P3). Protect Blue Ridge Parkway corridors adjacent to City limits through coordination with adjacent localities and careful planning (EC A 12). This industrial center, comprised of Rockydale Quarry and two adjacent related businesses, is distinct from underutilized industrial sites addressed in the comprehensive plan (p.S8). Expansion of the quarry at its current location is supported by the unique and valuable mineral resources contained on the site, and its excellent access to U.S. Route 220, an important transportation corridor. Vision 2001-2020 encourages the expansion of new economic opportunities, but equally important is to consider the expansion of a unique use that has location specific characteristics not found in other areas of the City. The Southern Hills Neighborhood Plan, adopted in October 2002, encourages residential uses on the subject parcels. A companion petition to amend the neighborhood plan filed by the petitioner proposes amendments to the plan to ensure consistency between the desired expansion of the existing use and policies and actions contained in the plan. Staff believes that potential visual and acoustical impact of the quarry expansion has been adequately studied and addressed by the petitioner. As detailed on the proffered site plan (Exhibit B), a continuous, vegetated ten ( 10) foot high berm along the edge of the excavated pit of the expansion will be provided. A sample drawing of a ten (1 0) foot berm section is provided on Exhibit J-1. The selection of trees, grasses, and groundcovers will be chosen in accordance with the Virginia Department of Mines, Minerals and Energy (DMME), in order to stabilize the berm and also serving as a screening function. In an effort to further mitigate visual impacts of the proposed quarry expansion, the petitioner hired Hill Studio to conduct the Rockydale Quarries Expansion Visual Quality Analysis, revised November 11, 2004. 3 The report uses a geospacial analysis and visual simulation analysis to study the effects of the proposed quarry expansion on the visual quality of the surrounding areas. Recommendations resulting from the study are reflected in the petition's proffered conditions. For example, an overburden area proposed to be located southwest of the Old Rocky Mount Road and Welcome Valley Road intersection will provide greater view mitigation of the excavated high-wall from neighboring vistas than the berm alone. In accordance with proffer #7 in the petition (p. 7), full scale production on the subject parcels will not begin until all necessary erosion and sediment controls, vegetated berm, and perimeter fence are in place. Timeline maps set at 5-year intervals over the estimated 20-year expansion period are attached as Exhibits E,F,G,and H. Overburden areas will increase in size as the excavation progresses. Although the quarry operates primarily during normal business hours, some automatic machinery runs through the night. The petitioner proffers not to place permanent processing equipment on HM, Heavy Manufacturing property subject to the rezoning. In addition, the blasting operations and normal quarry production on the subject properties will be restricted to regular business hours. Petitioner worked with staff to provide proffer language that allows flexibility to utilize the extended portion of the quarry in the case of public emergency or failure of infrastructure (such as roads). Staff believes the proffer sets adequate parameters to ensure normal operating hours will not be extended simply to meet a typical rise in demand for product. The restrictions to the operations of the quarry would apply strictly to the subject parcels of this petition and not to the operation of the existing quarry. The petitioner proffers to limit ground vibration from blasting to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy (DMME) regulations. State Code (4 VAC 25-40-860) provides for greater allowable limits the further the distance from the nearest inhabited building (Exhibit 1). Tax Map Nos. 5390110,5390117,5390109,5390108, 5390106,and 53901 OS (zoned RS-3 Residential Single Family District) are located on the northeast corner of Old Rocky Mount Road and Welcome Valley Road. These six (6) parcels are shown on the proffered HM Development Plan (Exhibit B) to be used for an existing sediment basin and two (2) overburden areas. This area will not be used for the extraction of rocks or any other quarry activity. Overburden areas will be tiered and set back from the corner in order not to inhibit the sight distance triangle for vehicular traffic. 4 The petitioner estimates the proposed expansion of the excavated area of the quarry will extend the life of production to 40 years. State Code requires the quarry owner to develop a reclamation and revegetation plan of the site after operations are complete. Virginia Department of Mines, Minerals and Energy (DMME) emphasizes the importance of the community's interest in a productive reuse of the land (Mineral Mine Operators Manual, 6.1, 1/31 /97). The petitioner proposes to rezone 9.3 acres of land located on the east side of the Mill Mountain spur along Welcome Valley Road from HM, Heavy Manufacturing to RA, Residential Agricultural. This land is pastoral, disconnected from the existing quarry by the Parkway Spur, and is predominantly featured from the Gum Springs Overlook located on the Mill Mountain Spur. The petitioner continues to work with the National Park Service to enhance view sheds of the Blue Ridge Parkway and Mill Mountain Spur by preserving pastoral land and mitigating view exposure to the quarry operations. The petitioner has hosted two neighborhood meetings at the New Hope Christian Church on Welcome Valley Road to discuss their expansion plans. They distributed 150 flyers advertising the meetings and both were well attended. Staff was present at the first meeting and found residents to be generally supportive of the project. Many of the issues discussed by the residents were positive endorsements of the traffic improvements proposed as part of the quarry expansion. The petitioner had an information session to address Roanoke County residents on January 18, 2005. Thirteen (13) individuals spoke in reference to the rezoning petition during the public hearing: • Mr. David Derrow (411 7 Welcome Valley Road) supports Rockydale's plans. He said as a pastor of New Hope Christian Church (4229 Welcome Valley Road), Rockydale had addressed all the church's concerns. The church favors the proposed plans instead of the potential of expanding the quarry on the three (3) currently zoned HM, Heavy Manufacturing properties (proposed to be rezoned to RA, Residential Agricultural) located off of Welcome Valley Road. • Mr. Terry Walker (2358 Highway 66, Kernersville, NC 27284) stated he worked for Plantation Pipeline and had concerns about the proximity of the pipeline to the expanding quarry pit and any blasting activity. 5 • Mr. Kenny Baliles (Kinder-Morgan's Roanoke Office) is the area serviceman for the Plantation Pipeline and said their office had not been notified of the petitions. • Mr. Erick Humphrey (3251 Ellsworth Street), manager of the Summit Apartments and Mr. Compton Bittle (1831 Mount Vernon Road), of Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson spoke on behalf of the owners of Summit Apartments. Mr. Bittle asked for a request of continuance for 60 days to allow enough time for his client to provide an independent analysis of the quarry expansion. Mr. Humphrey provided the Commission with a list of engineers they have attempted to contact to perform an independent analysis. In addition, he provided information on a 911 call from a Summit Apartment resident who thought an earthquake had occurred. • Mr. Travis Doss, an employee at the Summit, stated he felt a blast from the quarry while he was on the roof of one of the buildings. • Mr. Gary Johnson, (Blue Ridge Parkway, Asheville headquarters, 199 Hemphill Knob, Asheville, NC 28803) said that the Blue Ridge Parkway supported the project and was very appreciative of being involved in the early planning of the project. • Mr. Roger Holnback (2302 Stanley Avenue) is the Executive Director of the Western Virginia land Trust. He said that he fully supported the efforts and the mitigation efforts were an example of business people doing the right thing. • Mr. George Brammer (5129 Falcon Ridge Road) said that the Hunting Hills Homeowners Organization had not been notified about the project and asked that the matter be delayed in order to notify the residents that will be affected by the quarry expansion. • Mr. Tracy Giles (3450 West Ridge Road) stated that he lived in the Summit Apartments for a year and did not know the quarry existed. He never experienced dust, noise, or vibration problems and there had been no impact on him at all. • Mr. Nick Am mar (11 00 BB& T Bank Building) of Wetherington, Melchionna, Terry, Day, and Ammar appeared on behalf of his client, S.R. Draper Paving Company. He stated his client was asking for a 60 day continuance in order for Rockydale to consider alternatives that would not remove the access to Draper Road for Draper Paving Company customers. • Rockie Sluss (4531 Old Rocky Mount Road) supports the project and said the reduction in truck traffic would be beneficial to everyone in the neighborhood. He stated he had heard one blast in the four years he lived on Old Rocky Mount Road, otherwise he wouldn't know Rockydale was there. • Regina Sluss (4531 Old Rocky Mount Road) stated she had to pull her deaf child out of the pathway of a speeding dump truck and that 6 the situation on the street is dangerous. She supports Rockydale's expansion plans and related changes to street patterns. The Planning Commission discussion centered on the following: • A question to staff if the petitioner had proffered the conservation easement on the three (3) parcels proposed to be rezoned to RA, Residential Agricultural. Staff reported it was not. At that time, the petitioner volunteered to amend the petition to include the conservation easement and is reflected as proffer #4 on the First Amended Petition. • A number of speakers requested that the Commission continue the matter for 60·90 days to allow more time for discussion of Rockydale's plans. The Commission felt that the applicant had made sufficient efforts with adjacent property owners to discuss the proposal before the petitions were ever filed and further continuances were not warranted. Recommendation: By a vote of 6·0, the Commission recommends approval of the requested rezoning. With its associated proffers, the petition is a reasonable request to rezone the subject parcels for the long term expansion of the quarry facility, and the protection of views and land uses immediately adjacent to the Mill Mountain Spur of the Blue Ridge Parkway. Respectfully submitted, ~ll'{* Richard A. Rife, Chairman City Planning Commission cc: Darlene l. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Maryellen Goodlatte, Attorney for the Petitioner 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning 62.4277 acres consisting of fifteen (15) tracts of land lying and being in the City of Roanoke, Virginia, along Franklin Road, Old Rocky Mount Road~ Welcome Valley Road and Van Winkle Road and briefly described as: Tax Parcel Current Reguested No. Address Zoning Zoning Acreage 5380106 Franklin Road C-1 HM 28.9030 5380125 Franklin Road RS-1 HM 9.0240 5380107 4659 Old Rocky Mount Road C-1 HM 1.00 5380108 4643 Old Rocky Mount Road C-1 HM .4197 5380123 4639 Old Rocky Mount Road C-1 HM .4526 5380110 4555 Old Rocky Mount Road C-1 HM 5.1727 5390110 4259 Welcome Valley Road RS-3 HM 1.4678 5390117 Old Rocky Mount Road RS-3 HM 2.1127 5390109 Old Rocky Mount Road RS-3 HM 1.4003 5390108 Old Rocky Mount Road RS-3 HM 1.8328 5390106 4628 Old Rocky Mount Road RS-3 HM 1.0089 5390105 Van Winkle Road RS-3 HM .1099 4530202 Welcome Valley Road HM RA 1.4543 4530203 4134 Welcome Valley Road HM RA 4.1852 4530205 4096 Welcome Valley Road HM RA 3.8838 from C-1 (Office District), RS-1 (Residential Single-Family District), RS-3 (Residential Single-Family District), and HM (Heavy Manufacturing District) as noted above together with vacated streets to HM (Heavy Manufacturing District) (52.9044 acres) and RA (Residential Agricultural District) (9.5233 acres) as noted above, and such rezoning to be subject to certain conditions. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Rockydale Quarries Corporation ("Rockydale") owns all the properties which are the subject of this rezoning petition. Said tracts are currently zoned either C-1 (Office District), RS-1 (Residential Single-Family District), RS-3 (Residential Single-Family District) or HM (Heavy Manufacturing District), as individually identified above. A map of the properties to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Rockydale requests that the following properties be rezoned from their present zoning districts as noted above to HM (Heavy Manufacturing District): 5380106, 5380125, 5380107, 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 (the "HM Property''). Rockydale further requests that the following properties be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District): 4530202, 4530203, and 4530205 (the "RA Property"). Such rezonings shall, however, be subject to certain conditions set forth below for the purpose of facilitating the expansion of Rockydale while protecting, through buffering and the down-zoning of those parcels already zoned HM (Heavy Manufacttning District), the adjoining properties. The concept plan prepared by Lumsden Associates, P.C., dated November 22, 2004, and attached hereto as Exhibit B (the "HM Development Plan .. ) shows the proposed use of the HM Property. The concept plan prepared by Lumsden Associates, P.C., dated July 26, 2004, and attached hereto as Exhibit C (the "RA Development Plan") shows the use of the RA Property. A master plan prepared by Lumsden Associates, P.C., dated November 22, 2004 and attached hereto as Exhibit D (the Master Plan) shows all of the properties which comprise Rockydale Quarries, including those already zoned HM which zoning designation will not change. 2 Since 1943, Rockydale has operated a quarry on a south facing limestone slope of the Blue Ridge Mountains. The site creates employment for 52 people and yields various types of sand and stone for construction and agricultural purposes (including base stone for roads, manufacture of asphalt, concrete, cinderblock, precast, erosion control, landscaping, lawn and garden, buildings, brick manufacture, roofing, fertilizer manufacture, smelting, septic and sewer systems, etc.). Over those years, Rockydale has seen many changes to the area. These include the expansion of the City of Roanoke boundary, including the 2004 boundary line adjustment (resulting in all of the properties comprising the Rockydale Quarries site being entirely located within the jurisdictional boundaries of the City of Roanoke), upgrading of U.S. 220 to the quarry's west border, the addition of the Blue Ridge Parkway along the quarry's south border, and the building of the Fishburn Parkway through its lands. Rockydale currently has 120 acres zoned and under permit for mining. Of this acreage, approximately 112 acres are disturbed. Since Rockydale first began production, it is estimated that over 50 million tons of rock has been excavated from the site. At the present production rate of 1.2 million tons per year, the reserves of the currently zoned site will be depleted in approximately 20 years. By expanding the excavated area of the quarry by approximately 35%, the life of the quarry is projected to double to 40 years, without any increased intensity of operations. Rockydale, the only active mine site in Roanoke City and Roanoke County, will be able to continue to produce the raw materials required by the Roanoke market. Rockydale is regulated by a host of state and federal agencies including the Virginia Department of Mines, Minerals and Energy (DM1vf.E), the U.S. Mine Safety and Health 3 Administration (MSHA), the Virginia Department of Environmental Quality, the Bureau of Alcohol, Tobacco and Fireanns, and the Environmental Protection Agency. The approximate limits of the quarry pit over the next 20 years are illustrated on maps attached as Exhibits E (after 1 year), F (after 5 years), G (after 10 years) and H (after 20 years). The quarry pit boundaries will be extended to the northwest, eventually involving approximately 35 additional acres of land (the quarry pit extension being located within tax parcel number 5380106, 5380107 and 5380125). This will necessitate a number of secondary actions, including the addition of new sediment basins, additional stockpile in overburden areas, relocation of the quarry office, scale house and utilities, realignment of a short segment of Welcome Valley Road, signalization of Old Rocky Mount Road at the Outback Steakhouse restaurant, the vacation of a portion of Old Rocky Mount Road (south of tax parcel number 5370106) and the vacation of Draper Road. The vacation ofDraper Road, and portions of Old Rocky Mount Road and Welcome Valley Road is requested in a companion petition filed this day. Also filed this day is a request to amend the Southern Hills Neighborhood Plan, which has been incorporated into Vision 2001-2020, the City's Comprehensive Plan. The just completed boundary line adjustment between Roanoke City and Roanoke County brought tax parcel number 5380125 zoned RS-1 (Residential Single-Family District) within the jurisdictional boundaries of the City of Roanoke. This additional acreage, now part of the City of Roanoke, needs to be incorporated into the Southern Hills Neighborhood Plan as does the recognition of Rockydale's expansion. Rather than utilizing those portions of Rockydale's 4 property already zoned HM (Heavy Manufacturing District) for new mining activity (i.e. tax parcels number 4530202, 4530203, and 4530205 located along Welcome Valley Road) Rockydale believes that all interests are better served by expanding the quarry's operations westward rather than northeastward. Expanding westward pennits Rockydale to down-zone those parcels along Welcome Valley Road (tax parcels number 4530202, 4530203, and 4530205) in order to retain their pastoral character for not only the neighbors but for all those traveling along the Blue Ridge Parkway and the Fishburn Parkway, which overlooks tax parcels number 4530202, 4530203, and 4530205. Additionally, Rockydale intends to place a conservation easement on said properties to provide further protection for said parcels beyond that afforded by zoning. Rockydale believes that utilizing tax parcel number 5380106, 5380107 and 5380125 for the expansion of its quarry pit with tax parcels number 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 being used to support said quarry expansion, coupled with the down-zoning of tax parcels number 4530202, 4530203, and 4530205 wil1 further the intent and purposes of the City's zoning ordinance and its Comprehensive Plan. Rockydale hereby proffers and agrees that if these said tracts are rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: 1. The properties being rezoned from RS-1 (Residential Single-Family District), C-1 (Office District), and RS-3 (Residential Single-Family District) to HM (Heavy Manufacturing District) (the "HM Property'') will be developed in substantial conformity with the HM Development Plan prepared by Lumsden Associates, P.C., dated November 22,2004, a 5 copy of which is attached to this petition as Exhibit B, subject to any changes required by the City and subject to changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. 2. The property to be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District) (the ''RA Property") will be developed in substantial confonnity with the RA Development Plan prepared by Lumsden Associates, P.C., dated July 26, 2004, a copy of which is attached to this petition as Exhibit C. 3. The RA Property will not be further developed but shall remain pastoral. This will not, however, prevent the construction of a barn or other facilities needed to properly care for the horses located on the RA Property. To that end, the only permitted uses which shall be allowed on the RA Property shall be (a) single family detached dwellings and (b) stables which are accessory to a single family detached dwelling provided a minimum of two (2) acres is provided for each horse in the stable. 4. By February 22, 2010, Rockydale shall place a conservation easement on the RA Property upon terms acceptable to either the Western Virginia Land Trust or the Blue Ridge Parkway. 5. No permanent processing equipment will be placed on the HM Property. 6. Blasting operations on the HM Property will be carried out no earlier than 9:00a.m. and no later than 4:00p.m. Monday through Friday (except that where federal or state safety rules dictate that blasting scheduled prior to 4:00p.m. be completed after 4:00p.m., the 4:00p.m. deadline shall be extended in order to comply with safety regulations). Normal 6 quarry production on the HM Property will occur between 7:00a.m. to 6:00p.m Monday through Friday, and 7:00 a.m. to 12:00 noon Saturday. In the event, however, that a public emergency or the failure of road, railroad, dam or similar infrastructure requires emergency repair(s), blasting operations and quarry production on the HM Property may be extended to meet the requirements associated with said emergency. 7. In its operations on the HM Property, Rockydale will limit ground vibration from blasting for all shots to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy regulations or the regulations of its successor agency, a copy of which regulations are attached hereto as Exhibit I. 8. Earthen benns will be constructed, vegetated and planted with trees for visual and acoustical mitigation as shown on the Rockydale Quarry Expansion Planting Areas plan ("HM Landscape Plan") prepared by Hill Studio, dated December 1, 2004, a copy of which is attached to this petition as Exhibit J-1, J-2, and J-3 subject to any changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. No full scale production on the HM Property will occur prior to establishment of a11 necessary sediment and erosion control structures, placement of screening benns with their associated stabilization as shown on the HM Landscape Plan, and the erection of a perimeter fence around the proposed quarry pit. To allow sufficient time for trees to mature, minerals on the northeasterly side of the slope to be quarried shall be extracted in general conformity with the time lines illustrated on maps attached as Exhibits E, F, G, and H. 7 9. A wheel wash station will be located so as to require all loaded vehicles to pass through it before entering onto public roads. By separate application, Rockydale has requested that Draper Road and portions of Old Rocky Mount Road and Welcome Valley Road be vacated, discontinued and closed. Rockydale requests that the portions of said roads for which vacation is sought be also zoned HM (Heavy Manufacturing District) subject to all the conditions hereinabove proffered. Attached as Exhibit K are the names, addresses and tax numbers of the owners of all lots or properties innnediately adjacent thereto, immediately across a street or road from the property to be rezoned. WHEREFORE, Rockydale Quarries Corporation requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. (L Respectfully submitted this ~i day of January, 2005. Respectfully submitted, Rockydale Quarries Corporation By: ~..,....._ F A~{,J-ll of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. 0. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018- Telephone (540) 224-8050- Facsimile 8 Rockydale Quarries Corporation, a Virginia corporation, owner of the property subject to this petition, hereby consents to this amended petition, including the voluntary proffers contained herein. ROCKYDALE QUARRIES CORPORATION By:~S;¢~ L. 1ts: ___:___-::~ V 9 CURR111m. T IOMED IDf ~ CUBRDITLY !ONID C I fXHIBI' T SHOMNG CJ.JRRDt r l(]JNIHG r(}R 1H£ PROPeR rY OF ~ CVRRIIITLT ZOHm 119-3 ROCKYDALE QUARRIES CORPORATION g; CURRDTLY '!ONtO 19-1 ROAI'IOKl:, VlRCINIA ) \"-- \ CONCEPT PLAN OF RRIES ROCKYDAKL: v;;~~IA ROANO · LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA ;. / MASTER PLAN OF S LE QUARRIE / ROCKYDOAKE VJRGIN!A ROAN · !OIUI'tiiCSCII.I! k--d--H-.- .· i I I o j 0 ~ ~ \ & a i~ \ -. vi\.~ :.:.:>-L~tl-/l::IU VIRGINIA ADMINISTRATIVE l.,;ODE 4 VAC 25-40-780. Storage of explosive materials. A. Detonators and explosives, other than blasting agents, shall be stored in magazines accepted by the Institute of Makers of Explosives or other approved agency. B. Detonators shall not be stored in the same magazine with explosives. C. Explosives magazines shall be: I. Located in accordance with the American Table of Distances; 2. Detached structures located away from power lines, fuel storage areas, and other possible sources of fire; 3. Constructed substantially of noncombustible material or covered with fire~ res is tan t material; 4. Reasonably bullet resistant; 5. Electrically bonded and grounded if constructed of metal; 6. Made of nonsparking material on the inside, including floors; 7. Provided with adequate and effectively screened ventilation openings near the floor and ceiling; 8. Kept locked securely when unattended; 9. Posted with suitable danger signs so located that a bullet passmg through the sign will not strike the magazine; 10. Used exclusively for storage of explosives or detonators and blasting related materials; ll. Kept dean and dry in the interior and in good repair; 12. Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine; and 13. Located at least 300 feet away from any underground mine opening, occupied building, public road, or private road not used in connection with the mine. D. An accurate inventory log of explosives stored in the magazine shall be maintained on site. E. Any theft or unaccounted loss of explosives shall be reported immediate ly by telephone to local police, state police, the U.S. Department of Treasury Bureau of Alcohol, Tobacco and Firearms, and the Division of Mineral Mining. F. Smoking or open flames shall be prohibited within 50 feet of explosives magazines or blasting agents storage facilities. G. Areas surrounding magazines and facilities for the storage of blasting agents shall be kept clear of combustible materials, except live trees over 10 feet tall, for a distance of 50 feet in all directions. H. Prior to repairs of a magazine which may cause a fire or explosion, the contents shall be removed to a safe location and guarded. I. Explosives stored in magazines shall be: 40 I. Arranged so that the oldest stock is used first; 2. Separated by brand and type; 3. Stored with their top sides up; and 4. Stacked in a stable manner not over eight feet high. J. When stored with other explosives, ammonium nitrate fuel oil blasting agents shall be physically separated to prevent contamination. K. Damaged or deteriorated explosives and blasting agents shall be de stroyed in a safe manner by a certified blaster. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 ofthe Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.1; efT. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, efT. July I, 1998. Effect of Amendment The july I, 1998 amendment revised subsections A and D, and paragraphs C.1 and C.IO. 4 VAC 25-40-790. Transportation. A. Vehicles used to transport explosives shall be: 1. In good mechanical condition; 2. Posted with warning signs; 3. Provided with suitable fire extinguishers; 4. Provided with a nonsparking cargo area equipped with sides and tailgate; 5. Kept free of extraneous materials in the cargo area; 6. Operated at safe speeds over routes that expose the minimum number of personnel; and 7. Operated with the minimum number of p.ersons required to safely transport the explosives. B. Explosives and detonators shall be transported in separate vehicles unless they are separated by four inches of hardwood or the equivalent. C. When explosives or detonators are transported by an electrically-pow ered vehicle, the cargo area shall be electrically insulated and covered. D. Vehicles containing explosives shall not be left unattended or taken into a shop or building for any reason. E. No person shall smoke while transporting explosives. F. Explosives, detonators, or blasting agents shall not be transported on man trips. G. Explosives and detonators shall be transported in substantial, noncon ductive, closed containers. Containers shall not be stacked higher than the sides or tailgate of the vehicle. Statutory Authority §§ 45.1-161.3, 45.(-161.294 and 45.1-16l.3Q5 of the Code of Virginia. 41 --·- ...... A.4 ...... - ...... _, ~'-'_,_, ...... Historical Notes Derived from VR480-05-1.2 § 6.2; eff. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff.July I, 1998. Effect of Amendment The July l, 1998 amendment made grammatical changes. 4 VAC 25-40-800. Use of explosives. A. A certified blaster shall be in direct charge of blasting activities. B. Persons who assist in blasting activities shall be under the direct supervi sion of the certified blaster in charge and shall be alerted to the hazards involved. C. Black powder or safety fuse shall not be used without approval from the director. Special approvals shall specifY use restrictions and procedures neces sary for safe storage, transportation, and use. D. The design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects. E. Boreholes shall not be drilled where there is a danger of intersecting a loaded or misfired hole. F. No person shall smoke or use an open flame within 50 feet of explosives or detonators. G. Prior to bringing explosives and detonators to the blast site: I. Weather conditions shall be monitored to ensure safe loading and firing; 2. The blast site shall be inspected for hazards; 3. The boreholes shall be inspected and cleared of obstructions; and 4. Personnel and equipment, except those used in loading the shot, shall be removed from the blast site. H. Boreholes to be blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only. I. Explosives shall be kept a safe distance from detonators until they are made into a primer. J. Primers shall not be made up or assembled in advance of the borehole being loaded. K. Only wooden or other nonsparking implements shall be used to punch holes in an explosive cartridge. L. Detonators shall be inserted completely and securely into explosive cartridges used as primers. Priming shall be sufficient to detonate the explo sive column in the borehole. M. Primers shall be inserted into the borehole slowly to prevent accidental detonation from impact, and tamping shall not be done directly on the primer. N. Tamping poles shall be constructed of wood and/or nons parking materi als. 42 0. Unused explosives, detonators, and blasting agents shall be returned to the magazine or storage facility upon completion of loading activities and prior to firing the blast. P. Equipment and machinery used to load or stem boreholes shall not be operated over loaded boreholes for any reason. Areas containing loaded boreholes shall be guarded or barricaded to prevent unauthorized entry. Q. Blast warning signals shall be established and posted at the mine. Audible warning signals shall be given prior to firing a blast. R. All personnel shall be removed from the blast area prior to connection to the initiation device and the firing of a blast. S. Blasting personnel shall fire shots from a safe location. T. A post-blast examination of the blast area shall be made by the certified blaster in charge. Other personnel shall not return to the blasting area until an all clear signal is received from the certified blaster. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.3; eff.July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998. Effect of Amendment The july I, 1998 amendment revised subsections C, H, N, Rand T, and paragraph G.4. 4 VAC 25-40-810. Recordkeeping. A detailed record of each surface blast shall be prepared immediately by the certified blaster. Records shall be maintained for three years and subject to inspection by the division mine inspectors. Records shall contain the following information: I. Name of company or contractor; 2. Location, date, and time ofblast; 3. Name, signature, and certification number of blaster in charge; 4. Type of material blasted; 5. Number of holes, burden and spacing; 6. Diameter, depth and condition ofboreholes; 7. Types of explosives used; 8. Total amount of explosives used; 9. Maximum amount of explosives per delay period of eight milliseconds or greater; 10. Method of firing and type of circuit; I I. Direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting; 12. Weather conditions (including such factors as wind directions, etc.); 43 V lRGlNIA ADMINISTRATIVE l..ODE 13. Height or length of stemming; 14. Whether mats or other protections were used; 15. Type of detonators used and delay periods used; 16. The person taking the seismograph reading shall accurately indicate exact location of seismograph, if used, and shall also show the distance of seismograph from blast; 17. Seismograph records, including seismograph readings, where re- quired: a. Name and signature of person operating seismograph; b. Name of person analyzing the seismograph record; and c. Seismograph reading; and 18. Maximum number of holes per delay period of eight milliseconds or greater. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-l.2 § 6.4; eff. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. july I. 1998. E1fectof~endmment The July I. 1998 amendment revised subsection 6, which had read, "Diameter and depth of holes;" and made punctuation changes. 4 VAC 25-40-820. Procedure where a misfire occurs during a blast. A. No person shall enter the blasting area for at least 15 minutes except in the case of safety fuse where special approvals apply. B. Misfires shall be disposed of in a safe manner by the certified blaster. C. The blast area shall be guarded or barricaded and posted with warning signs until the misfire has been cleared. Statutory Authority . §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.5; eff. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. july I, 1998. Effect of Amendment The july 1, 1998 amendment made technical and grammatical changes. 4 VAC 25-40-830. When traffic to be stopped. Prior to blasting near a mine haul road or public highway, traffic shall be stopped at a safe distance. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.6; eff. July 19, l9~m. 44 Amended, Virginia Register Volume 14, Issue 17, eff.July I, 1998. Effect of Amendment The july 1, 1998 amendment deleted the hyphen fi·om "mine·haul". 4 VAC 25-40-840. Mudcapping. Mudcapping in blasting operations shall be permitted only where the driller would be in a hazardous position in attempting to drill the rock or material to be blasted. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.7; eff. July 19, 1989. 4 VAC 25-40-850. Blasting near underground mines. When conducting surface blasting activities near an underground mine, advance notice of blasting shall be given to the underground mine operator by the certified blaster. Statutory Authority §§ 45.1·161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-l.2 § 6.8; eff. July 19, 1989. 4 VAC 25-40-860. Blasting near pipelines or electrical lines. When conducting surface blasting activities within 300 feet of private pipe lines or electrical transmission lines, advance notice of blasting shall be given to the owners of the pipeline or transmission lines by the certified blaster. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.9; eff.July 19, 1989. 4 VAC 25-40-870. Streams and watercourses. Surface blasting shall be prohibited if effects are liable to change the course or channel of any stream without a variance issued by the director. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code ofVirginia. Historical Notes Derived from VR480-05-l.2 § 6.10; eff. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998. ~ectof~endmment The July I. 1998 amendment changed "division" to "director". 4 VAC 25-40-880. Ground vibration from blasting. A. Ground vibration, measured as peak particle velocity resulting from blasting, shall not exceed the limits set forth below at any inhabited building 45 V lRGlNlA fillMINISTRATIVE (._;QDE not owned or leased by the operator, without approval of the director. A seismographic record shall be provided for each blast. Distance (D) to Peak Particle nearest inhabited Velocity, inches Ds (when not building, feet per second usmg a seismograph) 0-300 1.25 50 301 - 5,000 1.00 55 5,001 and beyond 0.75 65 B. If seismic monitoring of each blast is not conducted, blasting shall be in accordance with the following scaled distance formulas: D w=(&J Ds= ~ W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more. D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator. Ds = Scaled distance factor shown in table in subsection A of this section. C. The operator may use the alternative ground vibration limits shown below to determine the maximum allowable ground vibration. If these limits are used, a seismographic record including both particle velocity and vibration frequency levels shall be kept for each blast. Ground vibration levels and airblast levels are taken from the Blasting Guidance Manual. 46 LONSERVATION AND N ~TURAL RESOURCES 4 VAC 25-40-890 10.0 u CD :sIn ~ ..'g J 2.0 --=2~1n.-.ls;.;;.e-.c--t 2•0 uCD 1.5 1.5 t: ftl A. &:B u 0.75 in/1ec :aCD 0.7 0.7 ftl o.t 0.1 0.1 0.1 ~ 0.4 0.4 C( E 0.3 0.3 :I E 0.2 0.2 ·;c 1 ftl I :& 0.1 1 100 Blast Vibration Frequency, Hz Figure 1. Alternative blasting level criteria. (Source modified from figure B-1. Bureau of Mines R18507) Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historic:al Notes Derived from VR480-05-l.2 § 6.ll; eff.July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998. Elfectof~endmment The July I, 1998 amendment ·substantially revised this section. 4 VAC 25-40-890. Airblast limits. Airblast resulting from surface blasting shall not exceed 129 decibels at any private building not owned or leased by the operator unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used. Lower Frequency Limit of Max. Level in dB Measuring System, in Hz (3dB) 1 Hz or lower--flat response* 134 peak 2 Hz or lower--flat response 133 peak 6 Hz or lower--flat response 129 peak C-weighted slow response 105 peak dBC *Only when approved by the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. 47 4 VAt: 25-40-890 VIRGINIA AnMINISTR ATIVE CODE Historical Notes Derived from VR480-05-1.2 § 6.12; eff.July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. July I, 1998. E1fectofAJnendinent The July I, 1998 amendment substantially revised this section. 4 VAC 25-40-895. Lower vibration and airblast levels. If necessary to prevent damage, the director may specify lower allowable ground vibration and airblast levels than those provided by 4 VAC 25-40-880 and 4 VAC 25-40-890. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from Virginia Register Volume 14, Issue 17, eff.July 1, 1998. 4 VAC 25-40-900. Total weight of explosives. The total pounds of explosives and blasting agents in any blast shall not exceed 40,000 pounds without the approval of the director. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.13; eff.July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff.ju1y 1, 1998. Effect of AJnendment The July I, 1998 amendment changed "written approval of the division" to "approval of the director". 4 VAC 25-40-910. Seismic testing and evaluation. Seismic testing and evaluation to determine compliance with blasting regula tions shall: I. Utilize acceptable instrumentation which measures ground vibration, airblast and vibration frequency when applicable; 2. Be conducted and analyzed by a qualified person; and 3. Be conducted whenever directed by the division. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.14; eff. july 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff.July I, 1998. Eftectof~en~ent The July I, 1998 amendment revised subsections 1 and 2. 4 VAC 25-40-920. Electric detonators. A. When electric detonators are used, an acceptable blaster's galvanometer or blaster's multi-meter shall be used t9 test detonators, firing lines, series circuits, and total circuit resistance prior to firing. 48 \..JUN:Sl',KVAllUN 1\l~U 1'11\.!Utv\.L .1.'-LJVLL'-vLu B. Electric detonators of different brands shall not be used in the same blast. C. Except when being tested with an acceptable instrument: 1. Electric detonators shall be kept shunted until they are connected into the series circuit; 2. Series circuits shall be kept shunted until they are connected onto the firing line; and 3. Firing lines shall be kept shunted until immediately before blasting. D. Blasting machines or other acceptable power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits to be used. E. When electric detonators are used, sources of stray current to the blasting area shall be de-energized. Blasting activities shall be stopped immedi ately if stray current or static electricity in amounts sufficient to cause a premature detonation are encountered. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 ofthe Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.15; eff.july 19, 1989. Amended, Virginia Register Volume 14, Issue 17, efT. july l, 1998. Effect of Amendment The july 1, 1998 amendment changed "approved" to "acceptable" in subsection D, and made grammatical changes in subsection A. 4 VAC 25-40-930. Nonelectric blasting. A. When detonating cord manufactured with more than three grains per foot is used within 800 feet of inhabited buildings, not.owned or leased by the operator, trunk lines shall be covered with at least six inches of loose earth or other acceptable material. B. All detonating cord knots shall be tight and all connections kept at right angles to the trunk lines. C. Detonators and delay connectors shall not be attached to exposed detonating cord by the certified blaster until the blast area is cleared. D. Detonating cord blasting shall use a double trunk line or loop system to ensure complete detonation. E. Detonating cord trunk lines, in multiple row blasts, shall make one or more complete loops, with crossties between loops at intervals not more than 200 feet. F. When using a gas-charged initiation system, the certified blaster shall ensure that all components are fully charged prior to firing the blast. The blast area shall be cleared of personnel prior to charging the components. G. Shock tube and other nonelectric detonation systems shall be used in accordance with manufacturers' recommendations. 49 VIRGINIA ADMINISTRATIVE CODE Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.16; eff.July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "blasting area" to ''blast area" in subsections C and F, and in subsection A, changed "mine operator" to ''operator", and added "or other acceptable material". PART VII DRILLING-SURFACE AND UNDERGROUND 4 V AC 25-40--940. [Repealed]. 4 VAC 25-40--950. Inspection of equipment prior to use. 4 V AC 25--40--960. [Repealed]. 4 VAC 25-40--970. Safe operation of drills. 4 VAC 25--40--980. Drilling of boreholes. 4 VAC 25-40--990. Drills to be attended. 4 VAC 25-40--1000. Storage of steel and tools. 4 VAC 25-40--1010. Moving vehicle-mounted driUs. 4 VAC 25-40--1020. Power failures. 4 VAC 25-40--1030. Hands to be kept clear. 4 VAC 25-40-1040. Clothing. 4 VAC 25-40--1050. Boreholes. 4 VAC 25-40--1060. Moving handheld drills. 4 VAC 25-40-1070. Handling of boulders. 4 VAC 25-40--1080. Walls or benches. 4 VAC 25-40--1090. Rotary jet piercing equipment. 4 VAC 25-40-940. [Repealed] Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-l.2 § 7.1; eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July l, 1998. Editor's Note This section provided for inspection of drilling area for hazards. 4 VAC 25-40-950. Inspection of equipment prior to use. Drillers shall inspect their equipment prior to use. Equipment defects affect ing safety shall be reported to the certified foreman. Statutory Authority §§ 45.1-161.3,45.1-161.294 and 45.1-161.305 oftheCode of Virginia. Historical Notes , Derived from VR480-05-l.2 § 7 .2; eff. July 19, 1989. 50 .... -· )·1,! ·..at£ AltU Will II£ 'l- MIXED GRASSES AND GROUNDCOVERS FENCE I 40' _P._U_.E_ID_._E._.------+---;---· 10' HIGH BERM WITH PLANTINGS ___~ ROCKYDALE QUARRY 1 0' BERM SECTION *NOTE: AREA WILL BE PLANTED ACCORDING HILL TO DMME REQUIREMENTS "'f lUll' HSPC #0246 12/01/2004 I I OUA~RX~ \[1\LLE:w__ ··- .------····----- ~o· P.U.E./D&: ' ROAD · D ROCKYDALE QUARRY Jiii TYPICAL OVERBURDEN SECTION 'NOTE: AREA WILL BE PLANTED ACCORDING HILI. TO DMME REQUIREMENTS ""'"' HSPC #0246 1210112004 ADJOINING PROPERTY OWNERS TO Tax Map No. 5380106 Franklin Road, S.W. (28.9030 Acres) Tax Map No. 5380107 4659 Old Rocky Mount Road, S.W. ( 1. 00 Acres) Tax Map No. 5380108 4643 Old Rocky Mount Road, S. W. (0.4197 Acres) Tax Map No. 5380123 4639 Old Rocky Mount Road, S.W. (0.4526 Acres) Tax Map No. 5380110 4555 Old Rocky Mount Road, S.W. (5.1727 Acres) Tax Map No. 5380125 Franklin Road, S. W. (9.0240 Acres) Tax Map No. 5390110 4259 Welcome Valley Road, S.W. ( 1.4678 Acres) Tax Map No. 5390117 Rocky Mount Road, S.W. (2.1127 Acres) Tax Map No. 5390109 Old Rocky Mount Road, S.W. (1.4003 Acres) Tax Map No. 5390108 Old Rocky Mount Road, S.W. (1.8328 Acres) Tax Map No. 5390106 4628 Old Rocky Mount Road, S. W. ( 1.0089 Acres) Tax Map No. 5390105 Van Winkle Road, S.W. (0.1 099 Acres) Tax Map No. 4530202 Welcome Valley Road, S.E. (1.4543 Acres) Tax Map No. 4530203 4134 Welcome Va11ey Road, S.E. ( 4.1852 Acres) Tax Map No. 4530205 4096 Welcome Valley Road, S.E. (3.8838 Acres) ROANOKE CITY PROPERTIES Tax Map Number Owners/Addresses 5380105 The Branch Family LLC 4552 Franklin Road, S.W. Roanoke, VA 24014 5380121 Western Virginia Water Authority 4530206 2012 S. Jefferson Street, Suite 200 Roanoke, VA 24014 5380104 Summit at Roanoke Apts., LLC 4333 Edgewood Road, N.E. Cedar Rapids, Iowa 52499 5380111 Stacy Ann Lucas 3946 Welcome Valley, S.E. Roanoke, VA 24014 5460120 Gary W. Critzer Judy L. Critzer 4531 Narrows Lane, S.W. Roanoke, VA 24014 5460128 Kenneth A. Muncy Malinda L. Muncy 1005 Boon Bernard Drive Boones Mill, VA 24065 5390107 American Electric Power 5390104 (formerly Appalachian Power) 5390116 215 Church Avenue, S.W., Room 250 Roanoke, VA 24011 5460109 Russell C. Etter Patsy A. Etter 4542 Old Rocky Mount Road, S.W. Roanoke, VA 24014 5390113 Trustees of the New Hope Christian Church 4229 Welcome Valley Road Roanoke, VA 24014 5370101 Margaret B. Young 5370114 Trustees of First Union National Bank of Virginia 4 73 7 Barclay Square Roanoke, VA 240 18 5370102 Rockydale Quarries Corporation 5370103 P. 0. Box 8425 5370104 Roanoke, VA 24014 5370107 5370108 4530101 5390204 5390203 5390202 5370105 S. R. Draper Paving Company 4742 Old Rocky Mountain Road, S.W. Roanoke, VA 24014 4530201 Joe B. Helms, Jr. 3775 Bandy Road, S.E. Roanoke, VA 24014 4530102 Frank E. Wilson Elmira M. Wilson 4125 Welcome Valley Road, S.E. Roanoke, VA 24014 4530103 David M. Derrow Mary V. Derrow 4117 Welcome Valley Road, S.E. Roanoke, VA 24014 4530104 Conrad R. Altizer Janet R. Altizer 4111 Welcome Valley Road, S.E. Roanoke, VA 24014 4530105 Janice S. Latham 4101 Welcome Valley Road, S.E. Roanoke, VA 24014 4530106 Edward C. Kennedy Jacqueline C. Kennedy 4097 Welcome Valley Road, S.E. Roanoke, VA 24014 4530107 W. H. Radford 4091 Welcome Valley Road, S.E. Roanoke, VA 24014 4530108 Deborah W. Cassell 4077 Welcome Valley Road, S.E. Roanoke, VA 24014 4530207 William R. Divers Mary H. Divers 4070 Welcome Valley Road, S.E. Roanoke, VA 24014 4530204 Campbell Heirs Cemetery 5512 Will Carter Lane Roanoke, VA 24014 ROANOKE COUNTY PROPERTIES Tax Map Number Owner/Addresses 088.09~01-03.00 Kenneth W. Wilson Melissa D. Lephew Wilson Route #1, Box 335 Elliston, VA 24087 088.13~01-09.00 Old Heritage Corporation P. 0. Box 8425 Roanoke, VA 24014 Superintendent Attention: Gary Johnson Blue Ridge Parkway National Park Service U.S. Department of the Interior 199 Hemphill Knob Road Asheville, NC 28803-8686 EnTRE COMPUTER CENTER January 8, 2005 Mayor C. Nelson Harris City of Roanoke RECEIVED 215 Church Ave. SW Room 452 JAf 1 2 ~ -~ Roanoke, VA 24011-1594 CITY Of ROANOkE Dear Nelson: PLANMNG BUIUllfJ~ ~~~r, rv;t!l:f ~~~IT I am writing to solicit your support of the request by Rockydale Quarries to rezone 50 acres of their land so they may expand the life oftheir Roanoke operation for an additional 20 years. Rockydale's petition outlines all the benefits of this expansion for their business, The City of Roanoke, Rockydale's customers, Rockydale's vendors and economic development in general, so I will not attempt to include all those benefits in this letter. I would like to remind you that the leadership of The City of Roanoke is proud to claim "Roanoke is open for business" and is ''business friendly". Often those claims are made when we are attempting to convince a business entity to invest their business dollars in Roanoke rather than some other competing location. Additionally, those competitive wins often require The City of Roanoke to provide incentives including large sums of money (the recent Ukrops decision is a perfect example). I applaud The City of Roanoke's economic development efforts but let's make sure we are just as "business friendly" to our existing local businesses. Rockdale Quarries has been an outstanding local commercial entity for 77 years and now when they need your support to expand their operations let's make sure we assist them in everyway possible and congratulate and thank them for their further investment in The City of Roanoke. I want to thank you in advance for your enthusiastic support of Rockdale Quarries's petition. Sincerely, ENTRE COMPUTER CENTER ...- wz. Barto~Iner~ President Cc Roanoke City Council Members ../Roanoke Planning Commission Members Mr. David Willis, Rockydale Quarries 3846 Electric Rood. S.W.. Roanoke. VA 24018 (540) 989-6000 FAX (540) 989-9798 Turner~m. &COIIpllly, Inc. GENERALCONTRACTORS P.O. BOX 2140, ROANOKE. VIRGINIA 24009 • (540) 343-6749 • FAX (540) 343-6031 wwwjmturner.com SHIPPING ADDRESS: 130 CHURCH AVENUE, ROANOKE. VIRGINIA 24011 January 13, 2005 Planning Commission Chairman and Members of the Planning Commission City of Roanoke 215 Church Avenue, S.W. Room 166 Roanoke, VA 24011 In re: Zoning Request of Rockydale Quarries Corporation Dear Planning Commission Chairman and Members of the Planning Commission: 1 am pleased to send this letter in support of the rezoning application of Rockydale Quarries Corporation. We have done business with Rockydale for over 50 years. It is an outstanding company in the Valley and has been so during the 77 years it has been in business. As you well know, there are problems associated with this type of business. However, the product is necessary for economic growth in this area. Rockydale is mindful of the potential problems and goes out of its way to conduct its business in an environmentally positive way as possible. I have discussed the proposed expansion at length with representatives from the quarries. I was impressed by the time, resources and effort they have invested in this project to come up with a very sound plan for expansion. Rockydale needs this flexibility and the construction industry, which depends on their product to a large degree, needs for Rockydale to have this flexibility in order to have a competitive source of aggregates. This, as mentioned earlier, is very important for the economic growth and development of our community. In short, Rockydale is an outstanding corporate citizen, they have a well thought-out plan and it is certainly one that should be approved by the City of Roanoke. If I can provide additional information, please do not hesitate to let me know. Thank you for your attention to this. With best regards, ~~:r.Jr.· Staunton Office: P.O. Box 2743, Staunton, Virginia 24402-2743 • 410 Commerce Road, Staunton, Virginia 24401 (540) 886-3900 • Fax (540) 886-4763 Jan 1~ U~ O~:ltip RC'.,.ert Mason 54C'l-342-4157 p. l VALLEY CADILLAC-OLDSMOBILE, INC. ®.~ 2743 FRANKLIN ROAD, S.W. USED CARS ROANOKE, VIRGINIA 24014 BODY SHOP Gi:) Oldsmobile (540) 342·3733 (540) 344·9274 (540} 982-65_28 January 17, 2005 Roanoke City Planning Commission 215 Church Avenue SW Room 166 Roanoke, Virginia 240 ll Ref Rockydale Quarries Dear Members of the Planning Commission, As a long-time resident and business owner in the Roanoke Valley, I am writing to urge your support of the rezoning and road closures needed by Rockydale Quarries for their expansion. Their requests will a1low this important resource for our community to double its useful life. Since 1966, I have lived in Hunting Hills and traveled on Route 220 right past the quarry. In fact, both of my homes in Hunting Hil1s looked into the quarry! My views of the quarry's canyon-like wall have been lovely and have only added to the enjoyment of my home. I also applaud the traffic improvements which Rockydale has included within its proposal. These will enhance the safety of the motoring public along Route 220. Being a business owner in the City, I am especially aware of the importance ofRockydale's products for our building and road industries. Let's keep them supplying Roanoke's construction needs for as long as reasonably possible. I urge your support for their requests. Jan 11 U:l u~:1~p l VALLEY CADILLAC..OLDSMOBILE, INC. 2743 FRANKLIN ROAD, S.W. USED CARS ROANOKE, VIRGINIA 24014 BODY SHOP 0 Oldsmobile (540) 342·3733 (540) 344·9274 (540) 982-6528 January 17, 2005 Roanoke City Planning Commission 21 S Church A venue SW Room 166 Roanoke, Virginia 240 11 Ref: Rockydale Quarries Dear Members of the Planning Commission, As a life-long resident of the Roanoke Valley, I ask that you grant the requests filed by Rockydale Quarries being considered by you this week. Unfortunately, I will not be able to attend the public hearing on Thursday, but wanted to urge this action on your part. I live in Hunting Hills, so, I have been "living" with the quarry for most of my life. I have not been negatively impacted by the quarry's activity, but rather appreciate the important role played by the quarry in the economic life of Roanoke I also appreciate how adding a traffic light on Route 220 at the Outback Steakhouse will definitely help the folks who live on that road or use Old Rocky Mount Road to access Route 220. Rock.ydale's agreement to pay for that traffic signal is consistent with their community mindedness. Good projects need to be supported. This is a good project and I ask that you allow it to proceed. Sincerely, __ -~ct_~ CLuuf Karen O'Dell, Vice President ',--: ' BRANCH -- f IVIANAGEl\IENT CORP. (', ,...... r'lo '-r,,_ . ~- .... January 18, 2005 Roanoke City Planning Commission Municipal Building, Room 162 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: Rockydale Quarries Rezoning Request Dear Members of the Planning Commission: The Branch Family L.L.C. owns property adjacent to the site which is proposed for the expansion of Rockydale Quarries. Our office buildings appear to be the closest structures to the proposed expansion. As one of the surrounding property owners, we do not oppose the proposed expansion. Rockydale Quarries has been our neighbor for years, and a good neighbor at that. We have met with representatives of Rockydale Quarries in order to understand the expansion. We believe that the package put together by Rockydale Quarries seems to be a reasonable plan. We appreciate Rockydale's concerns surrounding the expansion of their quarry and understand that their planned expansion should not have a noticeable impact on our property. cc: Rockydale Quarries 4552 Franklin Road, S. W. • Roanoke, Virginia 24014 l~.tlh "'T""f I I "J.~R IV ...... ~ Roanoke Neighborhood Advocates Promoting the Development of World-Class Neighborhoods ROANOKE January 20, 2005 Members: Ladies and gentlemen of the Commission, good afternoon. I rise before you Cor/ D. Cooper today as Chair of the RNA, a Council appointed committee charged with Choir advocating on behalf of all of Roanoke's neighborhoods. I rise to object to the Rockydale rezoning petitions before you and to ask that the petitions Sandra B. Kelly be tabled for 90 days. V1ceCho~r John Renick The RNA objects to the petitions before you in particular the petition to Secretory modify the Southern Hills Neighborhood Plan. We object for the following reasons. Shirley Bethel 1) Communication. The RNA consistently and overwhelmingly continues to Bob Caudle hear from citizens that the administration and Council of Roanoke do John Griessmayer not adequately inform and involve citizens in the decision making process. The petitions before you have not been adequately advertised Robin Murphy-Kelso· to citizens so as to give a fair opportunity for citizens to participate and make their views known. The most glaring example is that the Planning Richard Nichols Departments Request for Comments on the petitions arrived at the Southern Hills Neighborhood Council on December 15, 2004 with a Althea L. Pilkington December 20, 2004 deadline for written comment thereby giving the Cheryl o. Ramsey neighborhood organization 5 days to respond. We submit that this is inadequate. Dawn Vineyard 2) Process. The RNA submits that the standard being utilized to determine Krystte Woller adequate notice of proposed changes to the Neighborhood Plan is . severely inadequate and attempts to establish a notification precedent Earnest c. Wtlson, Jr. without input from the neighborhoods of Roanoke. The Planning Departments position that using the state code requirement of notifying adjoining property owners is sufficient notification of intent to modify a neighborhood plan is strongly opposed by the RNA. Whereas a spot rezoning may only require the notification of adjoining property owners, the modification of a neighborhood plan, we submit, requires the notification of all residents within the area covered by the neighborhood plan to be modified. Additionally, RNA strenuously objects to Planning's intention to permanently link the spot rezoning of any property within the city to a mandated and automatic modification of the neighborhood plan overseeing the property to be rezoned. Noel C Taylor Mvnq;>ol Bulding 215 Church Avenue S W Room 11>2 Roanoke. Virgnio 240 1 1 Pnone 5.«l-853-5210 Fox 540-853-6597 EmOH neighbofhoodS@c· roonOI In closing, RNA believes a Neighborhood Plan (NHP) needs to be modified by the entire neighborhood rather than piecemeal by special interests. RNA takes no position on the merits of Rockydale's request. However, because the proposed changes considerably rewrite the neighborhood plan and because neighborhood plans are supposed to be a collaborative effort between the city and residents, RNA requests that the Planning Commission make no decisions on Rockydale requests until Southern Hills residents are given an opportunity to review all proposed changes in conjunction with the community's current neighborhood plan. Enacted and taken together, the cumulative effect of these changes will be to transform the essential focus of the neighborhood from that of one envisioned by the creators of the NHP to that of one pushed by economic special interests that in essence rewrites the neighborhood plan without including the affected residents. lj Rockydale Quarries j: · Map#1 i li I I ~ Subject Parcels D Zoning Districts j1 I RS-3i 5390104 5390113 I ·, . ~ 5380111 C-1 0104 5370102 5380105 -- ·- I 5370104 ' HM 5370105 5370108 ROANOKE COUNTY ' --~ .;;:~1"'''~::~''"''"· ''"'''"='' ''"""' ! Rockydale Quarries ! Map #2 i I i! .I ~Subject Parcels j Dzoning Districts 1 RS-3 4530107 RS-3 4530108 / / / 4530207 / ' f I I f i \ \ \ I \ I I / ! I I ------~ll MOUNTAIN p / ~----·---...KWY __ _ I ------·----···-) 5390202 I 5390204 ---- 5390203 HM \ 5370114 \ \ I '\ \ \ \ \ I Text of remarks by Carl D. Cooper speaking to the Planning Commission on January 20, 2004 on the matter ofRockydale Quarry Rezoning Petition. Ladies and gentlemen of the Commission, good afternoon. I rise before you today as Chair of the RN ~ a Council appointed committee charged with advocating on behalf of all of Roanoke's neighborhoods. I rise to object to the Rockydale rezoning petitions before you and to ask that the petitions be tabled for 90 days. The RNA objects to the petitions before you in particular the petition to modify the Southern Hills Neighborhood Plan. We object for the following reasons. 1) Communication. The RNA consistently and overwhelmingly continues to hear from citizens that the administration and Council of Roanoke do not adequately inform and involve citizens in the decision making process. The petitions before you have not been adequately advertised to citizens so as to give a fair opportunity for citizens to participate and make their views known. The most glaring example is that the Planning Departments Request for Comments on the petitions arrived at the Southern Hills Neighborhood Council on December 15, 2004 with a December 20, 2004 deadline for written comment thereby giving the neighborhood organization 5 days to respond. We submit that this is inadequate. 2) Process. The RNA submits that the standard being utilized to determine adequate notice of proposed changes to the Neighborhood Plan is severely inadequate and attempts to establish a notification precedent without input from the neighborhoods of Roanoke. The Planning Departments position that using the state code requirement of notifying adjoining property owners is sufficient notification of intent to modify a neighborhood plan is strongly opposed by the RNA Whereas a spot rezoning may only require the notification of adjoining property owners, the modification of a neighborhood plan, we submit, requires the notification of all residents within the area covered by the neighborhood plan to be modified. Additionally, RNA strenuously objects to Planning's intention to permanently link the spot rezoning of any property within the city to a mandated and automatic modification of the neighborhood plan overseeing the property to be rezoned. In closing, RNA believes a Neighborhood Plan (NHP) needs to be modified by the entire neighborhood rather than piecemeal by special interests. RNA takes no position on the merits ofRockydale's request. However, because the proposed changes considerably rewrite the neighborhood plan and because neighborhood plans are supposed to be a collaborative effort between the city and residents, RNA requests that the Planning Commission make no decisions on Rockydale requests until Southern Hills residents are given an opportunity to review all proposed changes in conjunction with the community's current neighborhood plan. Enacted and taken together, the cumulative effect of these changes will be to transform the essential focus of the neighborhood from that of one envisioned by the creators of its NHP to that of one pushed by economic special interests that in essence rewrites the neighborhood plan without including the affected residents. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vuginia24011-1536 Telephone: (540) 853-2541 fax: (540) 853-1145 MARY F. PARKER, CMC E-mail: [email protected] STEPHANIE M. MOON, CMC City Clerk Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 9, 2005 Blair H. Northen, Jr. Consulting Engineer Plantation Pipe Line Company 2 901 Woodwi n Road Doraville, Georgia 30360 Dear Mr. Northen: I wish to acknowledge receipt of your communication under date of February 4, 2005, addressed to the Members of Roanoke City Council with regard to the proposed rezoning and expansion of Rockydale Quarries Corporation. Please be assured that a copy of your communication has been forwarded to the Members of Council and to the City Manager for their information. With kindest regards, I am Si/\, ~ :f. f ~ Mary F. Parker, CMC City Clerk MFP:ew pc: The Honorable Mayor and Members of the Roanoke City Council Martha P. Franklin, Secretary, City Planning Commission PLANTATION PIPE LINE COMPANY SERVING THE SOUTHEAST SINCE 1940 February 4, 2005 10.2.2.3.22, Sect 14-B., ROW 11&12, RK-Exxon Roanoke County, Virginia Rockydale Quarry Expansion PPL Co. RIW Conflict Mayor and Members of Roanoke City Council C/o Mary F Parker, City Clerk Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 Representatives from Plantation Pipe Line Company attended the rezoning hearing on January 20, 2005 for the expansion of the Rockydale stone quarry in Roanoke Virginia. During this meeting they voiced some concern for the integrity of our eight inch high pressure petroleum products pipeline that is within the area of the proposed expansion. Kenny Baliles, Plantation's local representative and I met with Mr. David Willis at the quarry on Tuesday, February 1, 2005 to review the expansion plans and to discuss pipeline safety issues. We also visited the proposed construction area and discussed the possible impacts of their operations on Plantation's pipeline. As a result of this meeting and review of the proposed plans, Plantation is confident that the quarry expansion will have no negative impact upon our operations or the integrity of the pipeline. We will closely monitor the work as it progresses and the quarry owners have agreed to keep Plantation informed of any changes in their plans. We also plan to monitor the blasting operation once it commences to insure there is no detrimental impact on our facilities. Plantation has no objection to the project as proposed. If additional information is required, please contact me at (770) 751-4109 or E-Mail [email protected]. Respectfully, Blair H Northen, Jr., P.E. Consulting Engineer \ L.Y. GROVE. CHAIRMAN Contracting Enterprises Incorporated 2003 RUSSELL AVE .. S.W. P.O. BOX 13725 ROANOKE. VIRGINIA 24036 PHONE 54()..342-3175 • FAX 54()..342-3177 www.cei-rw.com February 16,2005 Mayor and Members of Roanoke City Council c/o Mary F. Parker, City Clerk Municipal Building, Room 456 215 Church Avenue, S. W. Roanoke, VA 24011 Lady and Gentlemen: This is to respectfully ask for your support ofRockydale Quarries request to expand the area of their operation. Specifically, while asking for this approval, there are a number of positive results that will affect Roanoke City and the entire valley: Insure a very positive tax base for an additional twenty years Continue employment for 52 persons and add others as needed Continue employing sub-contractors and contract haulers No cost to the city in tax exemptions, etc. for this expansion No use of services-water, sewer, trash pick-up, etc. Ten acres reserved for conservation Rockydale is owned by the Willis family who have lived in the city since the early 1900's and have operated the quarry for the past seventy-seven years. Also they have been involved in the growth and development of our valley this entire time. As a person who has run a business in Roanoke City for over fifty years, I think this request is very positive and will help all of us by supporting our existing businesses and provide for further growth in economic development. Thank you, ~4u Lucian Y. Grove FRALIN AND WALDRON, INC. February 15, 2005 Mayor and Members of Roanoke City Council c/o Mary F. Parker, City Clerk Municipal building, Room 456 215 Church Avenue, S.W. Roanoke, Va. 24011 Re: ROCKYDALE QUARRY PETPTION FOR REZONING 50 ADDITIONAL ACRES TO HEAVY MANUFACTURING Dear Honorable Mayor Nelson and City Counsel Members: I am the President of Fralin & Waldron, Inc., and am writing in support of the above-referenced rezoning request, submitted by Rockydale Quarry. Rockydale has been a long standing commercial entity in the Roanoke Valley for 77 years, and has done business with Fralin & Waldron, Inc. since our inception in 1962. They have always been hard working, efficient, courteous and competitive in the market. Mining of aggregate is essential and inevitable to all construction activities, and this rezoning affords the opportunity to extend the life of a well run facility, which will in tum provide a continued tax base to Roanoke City while not requiring any expenditure of City tax dollars. Not to mention that extending the life of Rockydale's Roanoke location is a good and practical land and resource conservation measure. I encourage you to approve this request for the bettennent of a well respected business, as well as a benefit to the Roanoke area. Thank you. Sincerely, ~c: Andrew C. Kelder President ACK/nlm Cc: David Willis P.O. Box 20069 • 2917 PENN FOREST BOLLEVARD, S.W. • RoANOKE, VIRI.l!NlA 24018·0503 • TELEPHON~ 540 774-4415 • fAX 540 774-4582 RECEIVED FEB 1 I' 2005 MAYOR'S OFFICE 9020 Quioccasin Road Suite J Richmond, VA 23229 February 16, 2005 Hen. C. Nelson Harris, Mayor and Members of City Council CITY OF ROANOKE 452 Municipal Building 215 W. Church Avenue, SW Roahoke, VA 24011 Re: Rockydale Quarries Corporation Dear Mayor Harris and Members of City Council: I write this letter as the principal owner of The Summit at Roanoke Apartments, a quality apartment complex located in the City of Roanoke immediately adjacent to a portion of the property which Rockydale Quarries Corporation is seeking to have rezoned. I write this letter with some trepidation, but I feel it is necessary in light of the proceedings which have taken place in Rockydale Quarries' application process This letter is being delivered prior to the City Council meeting, as we will not be able to have representatives available at the City Council meeting to make a presentation. Rockydale's applications were filed with the City of Roanoke on December 2, 2004. I received notice of the filing of the application through counsel shortly thereafter. I had retained counsel approximately a year ago, after having been made aware of Rockydale's intentions. Rockydale did provide to me two letters, one dated February 21, 2003 and one dated October 24, 2004, in which they advised that they were developing plans for expansion of the quarry operation and offering to meet with me to discuss the plans. At that point, I felt that it was not necessary to meet with them unless and until the plan had been finally developed and presented. As an individual with some experience in ownership and development of property, I understand that plans are changed constantly until final submission. Thus, until Rockydale's plans were finalized, I did not feel it imperative to meet with them to discuss the same. However, I felt that once the plans were submitted, I should be afforded an opportunity, as an adjoining property owner, to review the proposal and have professionals review the same. Thus, once the plan was finally presented, my counsel contacted counsel for Rockydale and requested that the matter be deferred to afford me an opportunity to hire appropriate experts to review Rockydale's proposal. Rockydale responded that they would not continue the matter before the Planning Commission and felt that it was imperative to proceed immediately. The matter was heard by the Planning Commission at its meeting on January 20, 2005. Counsel appeared on my behalf and made an oral presentation in addition to providing a letter dated January 13, 2005 summarizing my request for a continuance. A copy of that letter is attached hereto. In addition to my request for a continuance, other adjoining property owners, as well as three citizen groups and the owner of the pipeline crossing the Rockydale property, appeared before the Planning Commission and requested that the matter be continued to give them an opportunity to review the proposal. The neighborhood groups indicated that they were not aware of the entire proposal until several days before the Planning Commission meeting and they had no opportunity to review and study the submission. The adjoining property owners indicated likewise. The owner of the gas pipeline indicated that they were not aware of the rezoning request until several days before the Planning Commission meeting and they further asked for a continuance in order to evaluate the potential impact of Rockydale's request on the pipeline. Counsel for Rockydale provided a letter to the Planning Commission dated January 20, 2005 stating that the owner of The Summit at Roanoke met with Rockydale representatives approximately two years ago and discussed Rockydale's expansion plans. The letter further states that Rockydale made offers to meet with me on several occasions. However, as stated above, it was my opinion that until the final proposal had been put together, any such meeting would not be of any benefit unless and until the final plan was presented. In this case, after two years of developing the proposal, Rockydale presented the final plan and then asked the Planning Commission to act within forty-five days. This simply did not give me or others potentially affected an opportunity to reasonably evaluate the plan. My reasons for the request for a continuance were set forth in the January 13, 2005 letter, attached hereto, and those reasons have not changed. We have made continued efforts to retain an engineer who would review the plan but, as a result of the Planning Commission's brusque action in brushing off our request for a continuance, no engineer could adequately review the plan within the timeframe allowed. Under the circumstances, I do not think that my request for a continuance was in any form inappropriate. In fact, I have been advised by my representatives that the matter immediately prior to the Rockydale issue on the Planning Commission agenda on December 20, 2004, was continued as a result of several issues which, in my opinion, are in no way more important as the potential issues raised by Rockydale's application. My representatives advise me that the Planning Commission seemed intent on proceeding ahead and approved Rockydale's request in spite of my request for a continuance, the request of an adjoining property owner, the request of three neighborhood civic associations, and the request of the pipeline company. All of those involved have issues that need to be reviewed and developed. A forty-five day period from the time of the filing of the application until the Planning Commission meeting, especially with the Christmas and New Year holidays involved, simply did not afford a reasonable opportunity for me, and the others who had questions, to investigate the matter. I am not necessarily opposed to Rockydale's application. I simply want to ensure what impacts it will have on my property. My major concerns are the impacts that the proposed development will have in the way as to damage of my property as a result of noise, dust and physical damage to the structures themselves. Tenants at the Summit have called 911 on at least one occasion as a result of blasting which the tenant thought was an earthquake. My maintenance man was on the roof of one of the buildings on another occasion when blasting occurred and it almost knocked him off of the roof. There have been other occasions when the blasting has caused concern among the residents. However, a review of the City Staff Report finds that the Staff is relying on the studies prepared by the Petitioner and has done little if any independent investigation of the situation. In a zoning matter which has the significant impacts on properties which this rezoning has, it would appear to me that it would be beneficial and imperative for the City to address those issues to ensure that no impact will occur. The net effect to me is that the rezoning may very well significantly affect my ability to rent apartments adjacent to the subject property. This is especially true if any of my concerns relating to noise, dust and physical damage as a result of blasting tum out to be true. I do not believe that the City Staff adequately investigated these facts. A review of the Staff Report, I think, supports my position in that there is no indication that the City has reviewed the matter independently of Rockydale's studies. If damage occurs to my property, I will certainly look to hold someone accountable for the damage. That is not what I desire. I would much rather make sure before the rezoning takes place so that we would not be trying to rectify a problem, but ensuring that no problem exists. I would, therefore, request that the matter be deferred by City Council and/or sent back to the Planning Commission for further consideration in order to afford me and the others who have questions regarding this issue to do further research and study. This is a development that will have significant impact on the adjoining properties for an extended period of time. I do not think that our request for a sixty-day deferral/continuance in order to evaluate those potential impacts on the adjoining properties is unreasonable. I have a significant investment in the apartment complex and I want to ensure that Rockydale's proposal will cause no damage to my property. An independent evaluation of Rockydale's request does seem to be appropriate and it would further seem to be necessary in order for the City to determine from an independent source that there will be no negative impact on adjoining properties from this development. Therefore, I would once again request that the matter be deferred and/or returned to the Planning Commission in order to allow me and the others involved to do the necessary investigation to ensure that our properties will not be negatively impacted by the Rockydale proposal. In my opinion, that is one of the necessary criteria in any rezoning application and I humbly request that I be afforded this opportunity. Sincerely, ?Z,,C:,.J~;//[_, (} Arthur Havens pc: Maryellen F. Goodlatte, Esq. Glenn Feldman Darby & Goodlatte P. 0. Box 2887 Roanoke, VA 24001 LAW 0FFIOES OSTERHOUDT. PRILLAMAN, NATT, HELSCHER, YosT. MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: 3140 CHAPARRAL DRIVE, SUITE 200-C P. 0. Box 20487 SALHI. \•mGIXJ,I. 241~3 Roanoke, VA 24018 ROANOKE. VIRGINIA. 24018·4370 P. 0. flox 27u Direct: (540) 725-8180 10:) N. GOLOJIADO STR~ET {lHO) 969·0000 Fax: (540) 774-0961 (~-tO) 369·2fl49 E-mail: [email protected] FAX (~40) 772-0126 FAX (~~O) 380·9.'Ht0 January 13, 2005 RECEIVED J·}. •. ~.-. l>' 1 3 ··om::l. u:l HAND DELIVERED Chairman and Members of the CllY OF flOANOKE Planning Commission PLANNING BUILDING AND DEVElOPMEriT CITY OF ROANOKE 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Application of Rockydale Quarries Corporation Dear Chairman and Members: Our firm has been retained by The Summit at Roanoke Apartments, LLC, the owner of property adjacent to the property which is the subject of the above rezoning request, to represent their interests in this rezoning request. It is my understanding that Rockydale filed two Applications with the City of Roanoke on December 2, 2004. The first request was to rezone a number of parcels of land to HM (Heavy Manufacturing District) and RA (Residential Agricultural District). The second request was to vacate, discontinue and close certain streets within the City. My client is an adjoining property ownei to Rockydale. The purpose of this letter is to respectfully request that the matter be continued for a period of sixty (60) days. I will outline in this letter what has transpired prior to and since the filing of the Zoning Application, as well as the reasons for this continuance request. I would respectfully ask that this request be granted. Prior to the filing of the Application, representatives of Rockydale had, over a period of time, let it be known to my client that they were considering the filing of an Application for rezoning in order to expand the quarry. They offered to meet with my client and explain the proposal to them. My client's feeling, at that time, was that it was seriously concerned about the request but, until the details of the request were actually set out, meetings to discuss the rezoning request would not be beneficial. I think it is fair to say that my client was and still is seriously concerned about the proposal but, Chairman and Member~ -f the Planning Commission CITY OF ROANOKE January 13, 2005 Page 2 of4 until the details were set forth. would not be able to appropriately evaluate the situation and express its concerns. Thus, no formal meetings were held. Shortly after December 2, 2004, we learned of the filing of the Zoning Application. I obtained copies of the Application from the City of Roanoke. I contacted Maryellen Goodlatte, counsel for Rockydale, to discuss the matter with her. She offered an opportunity for her client to sit down with my client and explain its proposal. At that point, my client's concern was to determine what effect the proposed rezoning would have on its property. I advised them that they needed to obtain an expert in order to evaluate the specific proposal in order to be able to respond to issues and concerns relating to the rezoning which my client had, such as noise. dust and potential damage to their property based upon the operations of Rockydale. My client then attempted to locate, through Civil Engineers, some qualified expert in order to review and evaluate the Rockydale proposal. We have contacted various entities in Virginia, North Carolina, West Virginia and Ohio in order to attempt to employ an expert. All of our efforts have been unsuccessful. The impression we got from each of these contacts was that they would not want to get involved in evaluating such a project on behalf of the adjoining property owners because of their relationship with quarry operations throughout the region. All of our efforts to secure an expert to properly evaluate this situation have met with no success. I then contacted Maryellen Goodlatte and requested that she contact Rockydale to see if Rockydale would be willing to continue the matter for sixty (60) days so that my clients could continue in their efforts to locate an expert to properly evaluate the proposal. Ms. Goodlatte contacted her client and then advised me that her client would not voluntarily agree to a continuance for this purpose. Thus. my clients have no other option but to specifically request that the Planning Commission grant the continuance. As the Members of the Planning Commission know, I frequently represent petitioners for rezoning within the City. I know, from past history, that petitioners want to expeditiously proceed with their rezoning requests and do not like to accept the possibility of a continuance. However, I also fully acknowledge that the Planning staff and the Planning Commission have, on many occasions, requested or approved continuances in order for all of the facts to be developed and presented before the Commission so that the Commission and City Council may make an informed decision. I understand and acknowledge that it is very easy for someone to appear before the Planning Commission and say that they don't like a specific project and that it will have a negative and an adverse impact on their property. We could certainly do that in this case, but the request for a continuance is so that my client can attempt to find someone to properly evaluate the proposal on our behalf. Thus. we would be able to Chairman and Memberf -f the Planning Commission CITY OF ROANOKE January 13, 2005 Page 3 of4 appear before the Commission and City Council and give specific details as to our objections (if any). This seems to be a fair and equitable proposal in order to ensure that all of the facts are properly presented to the Planning Commission; not just the facts as presented by Rockydale. Our expert, if are able to find one, may indicate that there would be negative impacts or there may not be negative impacts to my client's property. We would simply like that opportunity. I realize that Rockydale is a very important asset to the City_ of Roanoke. It h~s been a long-standing corporate entity and has provided many benefits to the City. However, my client has developed an apartment complex of two hundred fifty units with an assessed value of $10,500,000.00. This is a significant piece of property in the City of Roanoke. As an adjoining property owner, my client obviously has the right to be concerned about the effects of a rezoning of the adjoining parcel of land, no matter who the owner of that property may be. I certainly understand and respect Rockydale's desire to go forward. However, Rockydale has been, according to my clients, developing this project for a period of several years. Thus, it does not appear to me that a 60-day continuance would adversely affect Rockydale when, in fact, this proposal would provide for the use of the quarry for a period well in excess of twenty (20) years. The 60-day period would afford my client the continued opportunity to find an expert who could review the physical aspects of Rockydale's proposal and supply factual information as to whether or not it has an adverse effect, and to what extent, on my client's property. My client would agree that if we cannot find an expert who can provide a report within the 60-day period, we would request no further continuances and we would simply have to go forward with whatever information we can find on our own in that time period. We have had the specific proposal before us for only approx~mat~~y forty (4_0) days. That includes the Christmas and holiday season when many people are not available. In light of the City's policy to try and get all of the relevant information before it and afford all persons an opportunity to present their case (with appropriate documentation and evidence), the request for the 60-day continuance is in order. Unfortunately, I will be out of town on the date of the Planning Commission meeting and will not be available. However, one of my associates will be present at the meeting in order to further explain this request for a continuance. I would hope that the Planning Commission, in the sense of providing everyone an opportunity to present facts, would grant this request for a continuance_ Chairman and Member,. 'f the Planning Commission CITY OF ROANOKE January 13, 2005 Page 4 of4 Respectfully, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. ~~~ (J f\ .1t- Edward A. Natt EAN/csb pc: Maryellen F. Goodlatte, 6sq. Glenn Feldman Darby & Goodlatte P. 0. Box 2887 Roanoke, VA 24001 pc: Mr. Eric Humphrey Summit at Roanoke 4500 Franklin Road Roanoke, VA 24014 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -+------ GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 .WIICE.MUC_,.. ___ .. l'urlu8nt to the provllllana Df REFERENCE: 80025065 Article VII of Clllpter 36.1, Code of tiN City of Rlllnolce 05043027 NOTICEOFPUBLICHEARIN (1979), •• imended, the Council of tile City of Roanoke will llold 1 Pullllc State of Virginia HurlnC on Tllt1d1y, Ft11ru1ry 22, 2005, II 7:00 City of Roanoke p.m. In the Council ChlmDer In 1111 Noel C. hylor Municipal Bulldln&. 215 Ch11rcll Avenue, S.W., on lhe I, (the undersigned) an authorized representative qu11t1on of rezonlnl from RS·1, Residential Sln&le of the Times-World Corporation, which corporation Family Dlltrlct, RS-3, Ralldentlel Sln&le Family is publisher of the Roanoke Times, a daily Oletrlct, end C·l, Office newspaper published in Roanoke, in the State of District, to HM, HIIVJ Menutecturtnc District end Virginia, do certify that the annexed notice was rezonlnl& from HM, Heavy Manuracturh•l District, to published in said newspapers on the following RA, Rwldentlel ACrtcuttural DIStrict, llllblect to Cllftaln dates: proffers, the tollowtn& pnlpeftles: ' Th- 82.42771Ciel. more I or lell, conetstln& of 111 trectl of lind~.,...: Franklin Road, Ol(llocki Mount Road. Wtlqome City/County of Roanoke, Commonwealth/State of Valt.y Rold end • Winkle Road, S.W., anti llaerlnC Vl' f~in1a. S>.orn and subscribed before me this Otflclal Tal lloa. 1180:1.06, 5380107, fl380l08, I !: day of February 2005. Witness my hand and 5380123, 83JCIUO, 5380125, 5380110, !~1 seal. 8310117' 11310101, 6390101, 11380108, 53'80106, 45!.202, cA --IIYJ/~. /A Ao :_ o 4630m, lind 45302()8. A copy ot tillS prof.oal It MYji!t!f:;-;t~--:x~Jff!ff3i"-!h"1~~ ~ IYIIIIIIIt for llllllllc lnll!llctlon In tile Offtca of the CltJ Cler-. RCMim 458, Muntcrpal 8ulldlnc. All pertlee In lntar.. t may •ppear on the above d•te and be heard on tru QUIIIIon. PUBLISFED ON: 02/04 02/11 II you are • pereon with •' dlulllllty wllo aeeds •ccommodellons for this public llaartfll, contact tiN City Clerk's Office, 853·2541, lly Tllureday, ~ry17,200S. GIVEN undtH' my hind IIIII 2lld dly.r Ftanllry, 2001. TOTAL COST: ~ery F. ,.._, City Cleok (5043027) FILED ON: ------+------ Authorize Signature: Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 3 6.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 22, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-1, Residential Single Family District, RS-3, Residential Single Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and rezoning from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain proffers, the following properties: Those 62.4277 acres, more or less, consisting of 15 tracts ofland located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S.W., and bearing Official Tax Nos. 5380106, 5380107, 5380108,5380123,5380110,5380125,5390110,5390117,5390109,5390108, 5390106, 5390105, 4530202, 4530203, and 4530205. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, February 17,2005. GIVEN under my hand this 2nd day of February '2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. Send affidavit to: Send bill to: Mary F. Parker, City Clerk Maryellen F. Goodlatte, Esquire 215 Church Avenue, S. W. Glenn, Feldmann, Darby & Goodlatte Roanoke, Virginia 24011 P. 0. Box 2887 (540) 853-2541 Roanoke, Virginia 24001-2887 (540) 224-8018 ZONING DISTRICT MAP 4209 & 4229 Welcome Valley Road SE, 0 Van Winkle Road SW, and 4628 Old Rocky Mount Road SW Official Tax Parcels: 5390115, 5390113, 5390105, and 5390106 c:JArea to be Rezoned Zoning AD: Airport Dev - CG: Commercial-General - CLS: Commercial-Large Site CN Commercial-Neighborhood - 0: Downtown 1-1: Light Industrial - 1-2: Heavy Industrial H IN: Institutional c:J INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX: Mixed Use c:J MXPUD: Mixed Use Planned Unit Dev R-12: Res Single-Family R-3 Res Single-Family R-5: Res Single-Family R-7: Res Single-Family RA Res-Agricultural RM-1: Res Mixed Density RM-2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF Urban Flex I • • I ' • _ 1 Conditional Zoning 0 100 200 Feet I I 13' \. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE repealing all conditions proffered as part of a prevwus rezoning in Ordinance No. 36980-022205, adopted February 22, 2005, on the subject property located at 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 5390105 and 5390106, respectively; rezoning 420~ Welcome Valley Road, S.E., 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 5390115, 5390105, and 5390106, respectively, from R-5, Residential Single-Family District, and I-2, Heavy Industrial District, with conditions, to INPUD, Institutional Planned Unit Development; amending the PUD plan for 4229 Welcome Valley Road, S.E., Official Tax Map No. 5390113, currently zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading of this ordinance by title. WHEREAS, Terry L. Vandelinde, Trustee, on behalf of Trustees of New Hope Christian Church, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal all conditions proffered as part of a previous rezoning in Ordinance No. 36980-022205, adopted February 22, 2005, on the subject property located at 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 5390105 and 5390106, respectively; to rezone 4209 Welcome Valley Road, S.E., 0 Van Winkle Road, S.W., and 4628 Old Rocky Mount Road, S.W., Official Tax Map Nos. 5390115, 5390105, and 5390106, respectively, from R-5, Residential Single-Family District, and I-2, Heavy Industrial District, with conditions, to INPUD, Institutional Planned Unit Development; and to amend the PUD plan for 4229 Welcome Valley Road, S.E., Official Tax Map No. 5390113, currently zoned INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 14, 2019, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that Ordinance No. 36980- 022205, adopted February 22, 2005, to the extent it placed certain conditions on the subject properties, be repealed, and that the hereinafter described property should be rezoned as herein provided, as set forth in the Zoning Amendment, Second Amended Application, dated September 20, 2019. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Ordinance No. 36980-022205, adopted February 22, 2005, to the extent that it placed certain conditions on properties located at 0 (zero) Van Winkle Road S.W., and 4268 Old Mount Road S.W bearing Official Tax Map Nos. 5390105, and 5390106, respectively, is hereby REPEALED, and that Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 5390115, 5390105, and 5390106, locate.d at 4209 Welcome Valley Road, S.W., 0 (zero) Van Winkle Road S.W., and 4268 Old Mount Road S.W., respectively, be, and are hereby rezoned from R-5, Residential Single-Family District, I-2 (c), Heavy Industrial District, with proffers, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment, Second Amended Application, dated September 20, 2019. 3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 5390113, located at 4229 Welcome Valley Road, S.W., be amended to reflect a new planned unit development plan as set forth in the Zoning Amendment, Second Amended Application, dated September 20, 2019. 4. 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. 3 Rezone and repeal and replace proffers -NHCC .doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21, 2019 Subject: Yousef Alamouri requests to rezone property located at 3805 Melrose Avenue, N.W., Official Tax Map No. 2761 516, from IN, Institutional District, to CN, Commercial-Neighborhood District. Summary: The Planning Commission held a public hearing on October 14, 2019. By a vote of 6-0, with Commissioner K. Hale absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Peters Creek North Neighborhood Plan, and Zoning Ordinance as the subject property will be redeveloped and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to CN Applicant: Yousef Alamouri Owner: Ruth Preston Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3805 Melrose Avenue, N.W. Official Tax Nos.: 2 761 51 6 Site Area: +/- 0.41 3 3 acres Relevant Plans: Peters Creek North Neighborhood Plan Proposed Land Retail Sales Establishment Use: Future Land Use: Commercial Filing Date: Original Application: August 20, 2019 Background: 3805 Melrose was used as a Veteran's of Foreign Wars post for many years. It was then approved in 2002 to be used as a church. Previously zoned C-2, it was changed to an institutionally zoned property in the 2005 comprehensive rezoning based on the use that existed there at the time. The applicant proposes to use the property for an international grocery store. That use is not permitted within the current IN, Institutional District, zoning category. Therefore, the applicant requests to rezone to the CN, Commercial Neighborhood, zoning district where the use is permitted. Proposed Use/Development: The proposed use is classified in the zoning code as retail sales establishment, not otherwise listed. Considerations: Compatibility with Surrounding Land Uses: The property is located in a neighborhood commercial node along Melrose Avenue. The area to the east is zoned MX, Mixed Use District. The properties to the south and west are zoned CN, Commercial Neighborhood District. The property to the north is zoned R-5, Residential Single-Family District and is elevated approximately 30 feet above the subject property with a buffer of large trees in the rear. The future land use map from the Peters Creek North Neighborhood Plan envisioned this entire portion of this corridor as commercial. Applicability/Appropriateness of Proposed Zoning District: The proposed CN District is the least intensive of the multiple purpose zoning districts that permits the grocery store use. The purpose of the CN District is to encourage a concentration of neighborhood-scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The grocery store use is one that the NW community has had a hard time attaining and a location here on Melrose Avenue should make food access easier for the surrounding community. The regulations of the CN District consider the close proximity of the residential areas by controlling the scale, encouraging pedestrian-oriented development, limiting signage, and relegating parking to the side and rear. Although this rezoning involves a property with an existing building, any changes to the building or property will conform to these CN District standards. 2 Availability of Other Property: The property sits in a commercial node on the Melrose Avenue corridor. The other commercial properties in the immediate vicinity appropriate for a specialized grocery store are not available at this time. Those that are available do not meet the design requirements for such a use. Consistency with Comprehensive Plan: Both Vision 200 7-2020 and the Peters Creek North Neighborhood Plan recognize that services that provide for daily needs in commercial neighborhood centers are an important part of the community and rezoning this property to commercial is appropriate. Policy/Action Plan Applicability to matter Roanoke's neighborhoods should Comprehensive The property is proposed to 1 function as villages, offering Plan , pg. 40 be used for a grocery store opportunities to live, work, shop, play, to meet the needs of the and interact in a neighborhood surrounding community. setting. Economic Development Policies: Peters Creek The grocery store will be in Concentrate commercial uses in North an area noted for commercial nodes. Neighborhood commercial use on the Plan, pg. 30. future land use map. Economic Development Policies: Peters Creek Although there are some Encourage redevelopment of vacant North vacant properties on and underused commercial property Neighborhood Melrose, this previously before allowing new commercial Plan, pg. 30 commercial property is in a zoning. commercial node surrounded by other commercial properties to the side and front and is an appropriate location for a CN use. Comments on Application: Planning Commission Work Session: The item was discussed in the Planning Commission Work Session for compliance with City policy and ordinances. No substantive comments resulted from the review of the proposed rezoning. 1 Vision 2001-2020, City of Roanoke. 2001 Peters Creek North Neiqhborhood Plan, City of Roanoke, 2002 3 Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority and Planning Building and Development related to the change of use, water and sewer availability, and other zoning items. Public Comments: No comment received. Public Hearing: Ms. Tillene Graves, 3802 Virginia Avenue, N.W., asked questions about the grocery store use on the site and whether it would sell alcohol. After hearing the applicant describe the proposed grocery store use and clarify that he does not plan to sell alcohol, she stated that she was in support of the grocery store as proposed by the applicant. Conclusions and Recommendations: The proposed rezoning facilitates the addition of a grocery store within an existing commercial section on the Melrose Avenue Corridor. While no major changes to the existing building are proposed, any changes will be required to meet the CN zoning district standards. Staff recommends approval. Q~-~~-~L~ James E. Smith, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: RobertS. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development lan D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Ruth Preston Yousef Alamouri 4 :7 ..:'·t .., ZONING DISTRICT MAP l~{'' C5) Q .~?;,~--~~~f ~ 3805 Melrose Avenue NW ., .!,._., ,lC• ...; 1\. cv ··.£,.~_,...t~v.Q) Official Tax Parcel: 2761516 ·~ c\. 1"~· ~. .K:• '1\, ~ ' [-' ""' c::_,' '~)J;s ·~1/ .··~~ L'V 'L· ,.t..: ...../f,:o l~;: ~ £~~Areato be Rezoned t\; -~~l 2; " l~'JC. ~ Zoning AD: Airport D ev - CG: Commercia~General - CLS: Commercia~Large Site CN: Commerciai-N eighborhood .!..v - D: Downtown ;;;--: - ~2-Heavy Industrial ,.,, - IN. Institutional lie ?· 0 IN PU D: Institutional Planned Unit Dev ~ -IP UD: Industrial Planned Unit Dev ?t.'Bo;cO;.- M:\: Mixed Use c:J MXPUD· Mixed Use Planned Unit Dev <>fi·~·o R-12: Res Single-Family ··\.. -, OJ .,. c;~, D ~"' >-."; !§· R-3: Res Single-Family _r~ ~ .D (L, . ,..,··~· !.'"!:' 'V D R-5: Res Single-Family :\. 'V _.(D ~-v""' ~!.·V }~' R-7: Res Single-Family ,..,.··~· RA: Res-Agricuttural RM·1: Res Mixed Dens ily RM·2: Res Mixed Dens ily RMF Res Multijamiiy· - ROS: Recreation and Open Space - Uf Urban flex ::::Conditional Zoning "'?su.:;16' 0 100 200 Feet W+E a.______t.__ ·- • I I 3 Zoning A111endment Application Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ·Click Here to Print Phone: (540) 853-1730 Filing Date:j 8- z.O- '2-0 \ '1 Submittal Number: Request (select an t6ilt applY): · ~ Rezoning, Not Otherwise Listed 0 Amendment of Proffered Conditions D Rezoning, Conditional 0 Amendment of Planned Unit Development Plan 0 Rezoning to Planned Unit Development 0 Amendment of Comprehensive Sign Overlay District D Establishment of Comprehensive Sign Overlay District Property lnfo'rmatlo_n: Address: I 330;J Mel ro.Je ftve A) w·, ~CJC:t~ lc:e Official Tax No(s).: I ,;2 ::f b I JS-1 b g Without Conditions Existing Ordinance I Zoning: D With Conditions No(s). (If applicable): :======~I D Planned Unit Development :======~ Requested l I !)21 Without Conditions Proposed ge\c~, \.- ~ \es Zoning: D With Conditions Land Use: • \ C }J £:s.\-c~b\\J \.,W\PI--1/' ------' D Planned Unit Development Propedy owner lnf~rmation:' Name: I r4A~A py-csdo VI IPhone Number: l5tJ 0 ~·19. Of '/7l- I Addr'glfGf:~cUJt\~112!~<> A)W\IA~;f1 IE-mail: Ir!{ t1t t; L{ f @_ LOtddoll' 4· <: ~ ..., Property 0\mer's Sgnalure Applicant lnf~onptlcm (if diffetQnt from 1lwner):. Name: I 'lpv.Jc .( 1//ct vvt,ptur ( I Phone Number: I ':JL/t> ~.89 '78l'i Address: ~ E-mail: !c~ W'l W\t.\1" i ~tJ op(}) Y" 11oo. f~ ~L1 ~---==-~~~~~----~~Y---~ Name: L------Phone Number: I ~======: Address: E-mail: Doc ID: d4bdfc5bb05b5ab8daa39b6bf92ee9c4fcd32ee5 Zoning Amendment Application Checklist Th~ fC>!lqwing must be submitted for-all applications: l;l Completed application form and checklist. ~Written narrative explaining the reason for the request. I Metes and bounds description, if applicable. L\ Filing fee. For a retoolng not Qtherwise listed,, the following must also be submitted:: ~ Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For aconditional rezoning, the following must alsO Qe SUb(Jlitted: : I Written proffers. See the City's Guide to Proffered Conditions. I Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. . For a planned unit development, the following must also be submitted:: I Development plan meeting the requirements of Section 36.2·326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted:: 1 Comprehensive signage plan meeting the requirements of Section 36.2·336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted:! Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, 1 if applicable. I Written proffers to be amended. See the City's Guide to Proffered Conditions. I Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: I Amended development plan meeting the requirements of Section 36.2·326 of the City's Zoning Ordinance. I Copy of previously adopted Ordinance. For a comprehensive sign .overlay .amendment, the following rnust also be submitted;: I Amended comprehensive sign age plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. I Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following IT)Ust also be submitted: I A Traffic Impact Study in compliance with Appendix B·2(e) of the City's Zoning Ordinance. F9r f! proposal that requires a traffic Impact analysis be submitted to VDOT, the following must also be submitted.: ! I Cover sheet. I Traffic impact analysis. I Concept plan. I Proffered conditions, if applicable. I Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Doc I D: d4bdfc5bb05b5ab8daa39b6bf92ee9c4fcd32ee5 Roanoke as an independent city in the U.S. state of Virginia, Because of all the Civil Wars that many people continue to experience in their own countries, Roanoke opened its arms to help to resettle refugees and assists immigrants by empowering them to build new lives in a welcoming community through the Refugee and Immigration Services Refugees are being housed, oriented, employed, taught English, assisted with health screenings and medical problems and school related issues. An immigrant community liaison works to connect new immigrants with services and to help providers to better work with our changing population. Community services include information and referral, immigration counseling, interpretation/ translation services and cross-cultural education. Refugees come from many different countries with different culture, religions, languages ... etc. The new comers are integrating in our society; they work in many different fields including local government offices. It is also a fact that there are more people living in the Melrose Ave NW I Westside Blvd NW neighborhood employed as sales and service workers (59.0%) than almost any neighborhood in the country. From fast-food service workers to major sales accounts, sales and service workers make up the largest proportion of our national employment picture. However, despite that size and importance nationally, this neighborhood still stands out as unique due to the dominance of people living here who work in such occupations. In the Melrose Ave NW I Westside Blvd NW neighborhood in Roanoke, VA, residents most commonly identify their ethnicity or ancestry as Haitian (12.5%). There are also a number of people oflrish ancestry (4.7%), and residents who report English roots (4.3%), and some ofthe residents are of German ancestry (3.1 %), along with some Asian ancestry residents (2. 7%), among others. The property located at Melrose Ave is a unique one, its sitting on a comer Lot, surrounded by both residential and commercial properties. Melrose is a main street that connects NW, NE, SW and Salem. However, without access to grocery stores offering fresh fruits and vegetables at reasonable prices residence will have to go to other areas of the city to get what other stores in the area don't offer. Purpose: After surveying the surrounding area of the suggested establishment of the (Retail Sales Establishment), we found out only 5 properties for sale where all of them are in far distance from our suggested location. 2 of the locations are located on the 4000 and 5000 block and where the other 2 locations are in far distance from the proposed location. I also went ahead and asked some of the grocery owners if there are any intentions to sell any of the stores that are zoned CN, however the answer was negative, therefore I believe this suggested store will provide all or most of the needs for the residents of the neighborhood. We will be proud to serve this community and work with the residents in our new neighborhood. The target of this proposal is to establish an international Grocery Store (Retail Sales Establishment) on the property located at 3805 Melrose Ave NW I Westside Blvd NW in a suburban neighborhood in VA. The existing zoning does not allow for a project of this size, as it is zoned as IN. Most of the commercial stores located in the same area and all across Melrose are zoned CN. We are requesting the rezoning of this property to CN (Retail Sales Establishment) rather than IN If the city and the neighborhood do not object to the change then we would like to make the store stands out among other commercial stores in the area. We would like to change some of the exterior work by opening 2 new windows on each side on the front of the building, meaning facing Melrose Ave, we would also want to extend the main door to a 36" or to sliding door to accommodate customers with special needs and to meet the fire department and code enforcement code requirements. Because the safety of our customers and our community residents is a top priority we are planning to add also a sprinkler system. However with the closing down of only grocery store located on Melrose, and due to the fact that Food Giant does not even provide Fresh fruits and vegetables and other necessary items, we strongly believe that our suggested store will be cater to the entire community and meet all their needs. As this neighborhood is unique in some important ways, Most stores located on that major Ave are zoned CN, however most grocery stores are the traditional type of stores where they provide only the necessary items but lacks most nutritious ones like fresh fruits, vegetables, meat etc ... Our store will be the distinguished one that Roanoke residents will shop in because it will be the most unique store in the Valley that provides groceries for most communities. For the community members who love and appreciate international food and \Vanta mid-priced place in the Roanoke Valley, this is going to be the place. Our suggested International Food Market is going to be a world full of flavor. There will be a representation of many food and cultures, from Nepal, Middle East, Mediterranean, Asian, Indian, Afghani, Spanish ... etc. Our store will have ingredients and food packages including snacks, candies, fresh fruits and vegetables, which will help add some global flavors to our neighborhood. Our new store will link communities in NE, NW, SW and Salem to a great and welcoming Store. Demographic Distribution: ···-2oi9· -- ---~ ------2oia--· ---- ·---- f ______2o11 ______l fcouni~~-~-~--~----~~~~;; -:~~ce~t} "Co~;,-~_-___N~- Percentj JCount,;--- Number- Percentj Dem.Rep.Congo 6,907 466 O€m.Rep.Congo 7,878 350' !oem Rep.Cong 9,377 17.5 !Burma 2,571 17.4 Burma 3,555 15.8! 11raq 6,886 12.8: Ukraine 1.825 12 3 Ukraine 2.635 11 7 i Syria 6.557 12.2 Eritrea 932 6 3 Bhutan 2,228 9 9 j ! Somalia 6,130 11.4 Afgh AUTISM AND OUR EFFORTS Most people in the U.S. know someone with autism- a friend, neighbor, classmate or relative because one in 88 American children (one in 54 American boys) is on the autism spectrum, therefore, what can we do to show our support for families of individuals with autism? We would like to donate 5% of our monthly net profit will be donated to support autism education. Knowing the Neighborhood: It will be my responsibility as a new businessman and member of the neighborhood to Introduce myself to our neighbors. I will ensure to make a list of names and phone numbers of every neighbor on our block. My goal will be to at least contact 10 neighbors every week. It is my belief that Each citizen or resident is responsible for their own neighborhood. Any citizen who has turned around a problem block is a citizen who really knows the people who live there. Neighborhoods have changed, but reality is that we can fix it. It makes a huge difference to know your neighbors and be able to talk to them. I will also strive to Make a list of landlords in our area. As owners of property in the community, landlords are responsible to the neighborhood and should be concerned with the health of that neighborhood M~L 1 inch = 20 feet 0 10 20 40 60 80 The information contained in this application is NOT to be construed or used as a "legal description." Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the City of Roanoke Engineering Department In no event will the City of Roanoke be liable for any damages. including loss of data, lost profits, business interruption. loss of business ~-- Feet 1nformation or othP.r pecuniary loss that might arise from the use of th1s map or the information it contains ZONING DISTRICT MAP 3805 Melrose Avenue NW Official Tax Parcel: 2761516 I:3Area to be Rezoned Zoning AD: Airport Dev - CG: Commercial-General - CLS: Commercial-Large S1te CN: Commercial-Neighborhood M 0: Downtown 8 1-1: Light Industrial - 1-2: Heavy Industrial - IN Institutional c:J INPUD: Institutional Planned Un1t Dev - IPUD: Industrial Planned Umt Dev MX· Mixed Use c:J MXPUD: Mixed Use Planned Unit Dev R-12 Res Single-Fam1ly R-3 Res Single-Family R-5 Res Single-Family R-7· Res Single-Family RA Res-Agricultural RM-1: Res Mixed Density RM-2: Res Mixed Density RMF: Res Multifamily ROS· Recreation and Open Space - UF: Urban Flex I • • I , __ 1 Conditional Zoning 0 100 200 Feet B.~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE rezoning certain property located at 3805 Melrose Avenue, N.W., from IN, Institutional District, to CN, Commercial-Neighborhood District; and dispensing with the second reading of this ordinance by title. WHEREAS, Y ousef Alamo uri, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 3805 Melrose Avenue, N.W., bearing Official Tax Map No. 2761516, rezoned from IN, Institutional District, to CN, Commercial-Neighborhood District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 14, 2019, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is ofthe opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 2761516, located at 3805 Melrose Avenue, N.W., be, and is hereby rezoned from IN, Institutional District, to CN, Commercial-Neighborhood District, as set forth in the Zoning Amendment, Original Application, dated August 20, 2019. 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. 2 Rezone without proffer - 3 805 Melrose.doc C-1 ROANOKE CITY COUNCIL-REGULAR SESSION September 16, 2019 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, September 16, 2019 at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Sherman P. Lea, Sr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 41490-070119 adopted by the Council on Monday, July 1, 2019. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis (arrived late), Djuna L. Osborne, Anita J. Price, Patricia White-Boyd and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Catherine Houchins, Pastor, Metropolitan Community Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. GUN VIOLENCE IN THE NEIGHBORHOOD: Carissa Crowe, 1531 Rorer Avenue, S. W., appeared before the Council regarding increased gun violence in the Hurt Park neighborhood within the last several weeks. During remarks, Council Member Davis entered the meeting (2:13p.m.). CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. CONSULT WITH LEGAL COUNSEL AND HEAR BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Cobb moved that Council concur in the request of the City Attorney as abovementioned. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. CONSULT WITH LEGAL COUNSEL AND HEAR BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Cobb moved that Council concur in the request of the City Attorney as abovementioned. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE YOUTH SERVICES CITIZEN BOARD: Annual Report of the Youth Services Citizen Board for Fiscal Year 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE FAIR HOUSING BOARD: Annual Report of the Fair Housing Board for Fiscal Year 2018- 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE ROANOKE CIVIC CENTER COMMISSION: Annual Report of the Roanoke Civic Center Commission for Fiscal Year 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE PARKS AND RECREATION ADVISORY BOARD: Annual Report of the Parks and Recreation Advisory Board for Fiscal Year 2018- 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE ROANOKE CITY AUDIT COMMITTEE: Annual Report of the Roanoke City Audit Committee for Fiscal Year ended June 30, 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. MINUTES OF THE AUDIT COMMITTEE: Minutes of the Audit Committee Meeting held on Monday, June 17, 2019, was before the Council. (See copy of Minutes on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the reading of the minutes be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEAL THCARE, BOARD OF DIRECTORS-BUILDING AND FIRE CODE BOARD OF APPEALS-ROANOKE ARTS COMMISSION-BOARD OF ZONING APPEALS: Reports of qualifications of the following individuals were before the Council: Edward Garner as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a three-year term of office ending December 31 , 2022; Helen Favor as a member (Engineer) of the Building and Fire Code Board of Appeals to fill the unexpired term of office of Patrick J. Williams ending June 30, 2021; John Hitchins, Jr., as a member of the Roanoke Arts Commission to fill the unexpired term of office of Ariel Lev ending June 30, 2020; and Walton Rutherfoord as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2022. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the reports of qualifications be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: COMMUNITY SOLUTIONS CENTER: Cheryl Cobbs, Director, Community Solutions Center, Feeding America Southwest Virginia appeared before the Council and provided an update on the activities of the Center. (See copy of presentation on file in the City Clerk's Office.) Ms. Cobbs gave an overview about the history of the building and neighborhood, adding she became the Center's Director at the end of July; and noted that the Center's primary functions were children's meal production, Roanoke Police community outreach, Citizen engagement efforts, and a future community health initiative. She pointed out that major partners included Goodwill Industries of the Valleys, Inc., Roanoke City Police Department, Food Lion Feeds, Roanoke City leaders and members of the northwest Roanoke community. With regard to the Center's successes, Ms. Cobbs reported it was in the fifth cohort of the Culinary Arts Training Program consisting of up to 10 students from all lifestyles, which program focused on individuals who were unemployed or under employed to provide skills to help them gain employment to benefit their family and communities. She noted that during her tenure she would add an entrepreneur component to the program so students who wished to start their own business would have the basic information upon graduation. In closing, Ms. Cobbs reviewed statistics from 2018 pointing out that the Center provided 70,000.00 meals to children since May 2018, 24 students graduated from the program, 500-650 fresh meals prepared daily, nutritional education courses offered to youth and seniors, and collaborated with Carilion to provide cooking classes once per month. Vice-Mayor Cobb inquired if Melrose Avenue was considered a small innovation area; whereupon, the City Manager advised that the area was designated as a village center in one neighborhood plan as well as a target area. Following accolades and brief comments by the Members of Council, Mayor Lea thanked Ms. Cobbs for the update and advised that the remarks would be received and filed. GOODWILL SUMMER YOUTH EMPLOYMENT PROGRAM: Nicole Ross, Program Manager, Goodwill Industries of the Valleys, Inc.; and Aisha Johnson, Economic Development Specialist, City of Roanoke appeared before the Council and provided an update on the Goodwill Summer Youth Employment Program. Ms. Johnson provided a brief overview stating that summer 2019 was the third year that the City of Roanoke collaborated with Goodwill Industries of the Valleys, Inc., to host the summer youth employment program and brought in the Workforce Development Board and Virginia Career Works as additional partners. She advised that the program participants were ages 14- 21, must reside in the City of Roanoke, and the program offered job training, job placement and career camp for the younger youth. Ms. Ross explained that although the program participant numbers were lower than anticipated, the end outcome was greater because the youth were employed for a longer term and able to place young people in the job readiness program prior to reporting to the work sites. She noted that the career camp trained 14 and 15 year olds on entrepreneurship, higher education, etc., with presentations from NuFocus Media, The Advancement Foundation, and Fashionista Roanoke and field trips to The Advancement Foundation/The HIVE, Noah-Christian Academy and Virginia Western Community College to spark interest in future careers. In terms of the youth served, it was stated that 68 completed job readiness training, 52 completed work experience, three did not complete work experience, six refused placement at appointed sites, seven did not pass drug testing, nine worked at sites beyond the program's end and some youth secured employment at sites not in program after receiving job readiness training. Ms. Ross introduced Zion Jones, former program participant, who shared his experience, noting that due to the youth program, he was able to earn money to purchase a cap and gown for graduation. In closing, Morgan Romeo, Executive Director, Western Virginia Workforce Development Board, suggested the Council consider ways to provide funds directly to the participants to help to leverage program dollars. Council Member Osborne inquired about the students who failed the drug testing and if other alternatives were offered; whereupon, Ms. Ross indicated that there was not a referral program and said students usually opted out of the program. Mayor Lea thanked Ms. Ross, Ms. Johnson, Mr. Jones and Ms. Romeo for an informative presentation and advised that the remarks would be received and filed. At 3:09p.m., the Mayor declared the Council meeting in recess. Prior to reconvening the Council Meeting, Mayor Lea relinquished the Chair to the Vice-Mayor and left the Council Chamber. At 3:24 p.m., the Council meeting reconvened in the Council Chamber, with Vice-Mayor Cobb presiding and all Members of the Council in attendance, with the exception of Mayor Lea. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: VIRGINIA DEPARTMENT OF SOCIAL SERVICES CHILD ABUSE AND NEGLECT PREVENTION PROGRAM GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Social Services Child Abuse and Neglect Prevention Program Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41546-091619) A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention Program Grant to the City of Roanoke ("City") by the Virginia Department of Social Services ("VOSS") in the amount of $50,000.00; and authorizing the City Manager to execute any documentation required to accept such grant on behalf of the City (For full text of resolution, see Resolution Book No. 80, page 560.) Council Member Bestpitch moved the adoption of Resolution No. 41546-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#41547-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for the Child Abuse and Neglect Prevention Program Grant, amending and reordaining certain sections of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 561.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41547- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) 2020 DEPARTMENT OF MOTOR VEHICLES HIGHWAY SAFETY GRANT: The City Manager submitted a written communication recommending acceptance of the 2020 Department of Motor Vehicles Highway Safety Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41548-091619) A RESOLUTION accepting the 2020 Virginia Department of Motor Vehicles Highway Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 562.) Council Member White-Boyd moved the adoption of Resolution No. 41548- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Price offered the following budget ordinance: (#41549-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for Pedestrian Safety Campaign, amending and reordaining certain sections of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 563.) Council Member Price moved the adoption of Budget Ordinance No. 41549- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FISCAL YEAR 2020 VIRGINIA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDING: The City Manager submitted a written communication recommending acceptance of the Fiscal Year 2020 Virginia Department of Transportation Highway Safety Improvement Program Funding. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41550-091619) A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $385,460.00 for additional Highway Safety Improvement Program funds for FY20 for two separate projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 80, page 564.) Council Member Bestpitch moved the adoption of Resolution No. 41550-091619. The motion seconded by Council Member Davis and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#41551-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for traffic signal improvement projects, amending and reordaining certain sections of the 2019 - 2020 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 565.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41551- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) SOUTHWEST HISTORIC DISTRICT SURVEY AND EXPANSION NOMINATION: The City Manager submitted a written communication recommending acceptance of funds from the Virginia Department of Historic Resources for completion of the southwest historic district survey and expansion nomination. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41552-091619) A RESOLUTION authorizing the acceptance of a Certified Local Government grant from the Department of Historic Resources, and authorizing the execution of necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 80, page 566.) Council Member Bestpitch moved the adoption of Resolution No. 41552-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#41553-091619) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources (DHR) for the Southwest Historic District Survey, amending and reordaining certain sections of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 567.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41553- 091619. The motion seconded by Council Member Davis and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FY2020 GRANT FUNDS FROM THE DEPARTMENT OF FIRE PROGRAMS: The City Manager submitted a written communication recommending acceptance of FY2020 Department of Fire Programs grant funds. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41554-091619) A RESOLUTION authorizing acceptance of the FY2020 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 568.) Council Member White-Boyd moved the adoption of Resolution No. 41554- 091619. The motion seconded by Council Member Davis and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Davis offered the following budget ordinance: (#41555-091619) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 569.) Council Member Davis moved the adoption of Budget Ordinance No. 41555- 091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) 2019 ROANOKE VALLEY-ALLEGHANY REGIONAL HAZARD MITIGATION PLAN: The City Manager submitted a written communication recommending adoption of the 2019 Roanoke Valley-Alleghany Regional Hazard Mitigation Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41556-091619) A RESOLUTION adopting the Roanoke Valley-Alleghany Regional Commission Regional Hazard Mitigation Plan for communities that are members of the Roanoke Valley-Alleghany Regional Commission; and authorizing the City Manager to take such action as may be needed to implement and administer such Plan. (For full text of resolution, see Resolution Book No. 80, page 570.) Council Member Bestpitch moved the adoption of Resolution No. 41556-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FY21 AND FY22 REVENUE SHARING PROGRAMS: The City Manager submitted a written communication recommending authorization to submit an application to the Virginia Department of Transportation for funding of the FY21 and FY22 Revenue Sharing Programs for construction or improvement of the City's infrastructure systems. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41557-091619) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) Revenue Sharing Program in the amount of $10,000,000.00 for FY 2021/2022 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 80, page 571.) Council Member White-Boyd moved the adoption of Resolution No. 41557- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) EASEMENT AT RIVER'S EDGE NORTH TO APPALACHIAN POWER COMPANY: The City Manager submitted a written communication recommending execution of a 15-foot underground utility easement across City-owned property located at River's Edge North, with Appalachian Power Company to provide electric service to recent park improvements. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41558-091619) AN ORDINANCE authorizing the conveyance of a 15-foot wide underground utility easement across City-owned property located at River's Edge North, and designated as Tax Map No. 1040202, to Appalachian Power Company ("APCO"), a Virginia corporation, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 572.) Council Member Price moved the adoption of Ordinance No. 41558-091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) CITY OF ROANOKE AND CARILlON CLINIC PROPERTIES, LLC: The City Manager submitted a written communication recommending execution of a parking agreement between the City of Roanoke and Carilion Clinic Properties, LLC, to acquire parking permits for use in the City's downtown Park Roanoke parking system. (For full text, see communication on file in the City Clerk's Office.) Due to having a personal interest in the abovementioned matter, Council Member Osborne read into the record the following Conflict of Interest Statement: "STATEMENT OF CONFLICT OF INTEREST I, Djuna L. Osborne, state that I have a personal interest in Agenda Section 7, Item 7.a.9., of the 2:00p.m. Session of City Council on September 16, 2019, regarding the Execution of a Parking Agreement with Carilion Clinic Properties, LLC, to acquire parking permits for use in the City's downtown Park Roanoke parking system because Carilion Clinic Properties, LLC, is an affiliate of Carilion Roanoke Hospital and my husband is an employee with Carilion Roanoke Hospital. My husband has no interest in Carilion Clinic Properties, LLC, and does not participate in this entity. Therefore, pursuant to Section 2.2-3112 of the Code of Virginia, I will not participate in this matter and I ask that the City Clerk accept this statement and ask that it be made part of the minutes of this meeting. Witness the following signature made this 161h day of September 2019. S/Djuna L. Osborne Djuna L. Osborne, Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41559-091619) AN ORDINANCE authorizing the City Manager to execute a new Parking Agreement between the City and Carilion Clinic Properties, LLC, a non-profit Virginia limited liability company, ("Carilion"); authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement, administer, and enforce such Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 574.) Council Member White-Boyd moved the adoption of Ordinance No. 41559- 091619. The motion seconded by Council Member Price and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Price, White-Boyd and Vice-Mayor Cobb-5. NAYS: None-0. (Mayor Lea was not present when vote was recorded.)(Council Member Osborne abstained from voting.) EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 5550 AND 5540 PRECISION CIRCLE, N. W.: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the Contract for Purchase and Sale of Real Property located at 5550 and 5540 Precision Circle, N. W., between the City of Roanoke and the Roanoke Regional Airport Commission, to extend feasibility study time period until December 19, 2019. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41560-091619) AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for Purchase and Sale of Real Property, date May 22, 2019, (the "Contract") between the City of Roanoke, Virginia (the "City"), and Roanoke Regional Airport Commission ("Buyer"}, to sell to the Buyer certain real property located 5550 and 5540 Precision Circle, N. W., Roanoke, Virginia, consisting of 3.02 acres, together with all improvements thereon consisting of City-owned property designated as Official Tax Map Nos. 6640123 and 6640124 (the "Property"), to amend certain terms of the Contract to extend the Feasibility Period, as defined in the Contract, and the Closing Date, as defined in the Contract; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 575.) Council Member Bestpitch moved the adoption of Ordinance No. 41560-091619. The motion seconded by Council Member Osborne. Following comments by the City Attorney regarding the reasons for the Roanoke Regional Airport Commission request for an extension of the Feasibility Period to December 19, 2019, and the Closing Date to March 31, 2020, to complete its due diligence and inspections, Ordinance No. 41560-091619 was adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) AMENDMENT NO. 3 TO THE CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 13 CHURCH AVENUE, S. E., BETWEEN THE CITY OF ROANOKE AND OLD SCHOOL PARTNERS, II, LLC: The City Manager submitted a written communication recommending execution of Amendment No. 3 to the Contract for Purchase and Sale of Real Property located at 13 Church Avenue, S. E., between the City of Roanoke and Old School Partners, II, LLC. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41561-09161 9) AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the Contract for Purchase and Sale of Real Property, dated June 19, 2019 ( the "Contract") between the City of Roanoke, Virginia (the "City"), and Old School Partners II, LLC, a Virginia limited liability company ("Buyer''), to sell to the Buyer certain real property located at 13 Church Avenue, S. E., consisting of approximately 0.237 acres, together with all improvements thereon consisting of Historic Fire Station No. 1 ("Building"), designated as Official Tax Map No. 4011706 (the "Property"), for the development of the Property and Building by Buyer to include some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality uses limited to hotel rooms, a tasting room, and Live Entertainment ("Property"), to amend certain terms of the Contract to extend the Closing Date, as defined in the Contract; reordaining Ordinance No. 41176-061818, adopted on June 18, 2018, Ordinance No. 41338-121718, adopted on December 17, 2018, and Ordinance No. 41422-041519, adopted Apri115, 2019, only to the extent not inconsistent with this Ordinance; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 577.) Council Member Price moved the adoption of Ordinance No. 41561-091619. The motion seconded by Council Member Osborne. The City Attorney remarked inasmuch as the Virginia Department of Historic Resources having finalized the terms and conditions of the preservation easement in late August 2019, an amendment to the contract is required in order to obtain all permits and approvals prior to closing. There being no questions and/or comments by the Council Members, Ordinance No. 41561-091619 was adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) ESTABLISHMENT OF A MONTHLY PARKING FEE AT BRANDON PARKING LOT AND AMENDMENT OF THE FEE COMPENDIUM: The City Manager submitted a written communication recommending establishment of a monthly parking fee at Brandon Parking Lot; and amendment of the Fee Compendium to include the Brandon Parking Lot to the Park Roanoke parking system. (For full text, see communication on file in the City Clerk's Office.) Council Member Osborne offered the following ordinance: (#41562-091619) AN ORDINANCE providing for an establishment of the fees at the Brandon Lot, authorizing the City Manager to issue guidelines to implement, administer, and enforce such fees; providing for an effective date; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 579.) Council Member Osborne moved the adoption of Ordinance No. 41562-091619. The motion seconded by Council Member White-Boyd. Following discussion regarding changes to the parking fees on weekends at certain City parking garages and possible ramifications from the City's actions, Ordinance No. 41562-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Price offered the following resolution: (#41563-091619) A RESOLUTION directing an amendment of the Fee Compendium; and establishing an effective date. (For full text of resolution, see Resolution Book No. 80, page 580.) Council Member Price moved the adoption of Resolution No. 41563-091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Fall Waterways Cleanup • Saturday, October 5 • Cleanup will take place from 8:00a.m. to 12:00 p.m. • Volunteer teams from all over the Roanoke Valley will join forces to remove trash from our streams, creeks and rivers and their vicinities. • Since 2001, Fall Waterway volunteers have collected over 275 tons of litter and countless tires from our waterways. • To register your team, visit cleanvalley.org. Go Outside Festival • Friday- Sunday, October 18- 20 • River's Edge Sports Complex • This three - day event is presented through a partnership between the City's Parks and Recreation Department and the Roanoke Outside Foundation, with free concerts, outdoor activities, and races. • GO Fest is a celebration of everything outdoors- camping, music, gear, races, and demos, and a beautiful outdoor setting. More information at www. roanokegofest.com Roanoke Police Chief Recruitment • Continuing stakeholders and Council Member interviews • RFP Proposal for search firm to be completed by the end of September 2019. • Established a link on City's webpage with relevant information. REPORTS OF COMMITTEES: APPROPRIATION OF FUNDS FOR VARIOUS EDUCATIONAL PROGRAMS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the City Manager submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#41564-091619) AN ORDINANCE to appropriate funding from federal grants for various educational programs, amending and reordaining certain sections of the 2019 - 2020 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 581.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41564- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: KICKOFF OF THE CITY'S WELCOMING ROANOKE CAMPAIGN: Kickoff of the City's Welcoming Roanoke Campaign began on Friday, September 13 at 11:00 a.m. at the Roanoke City Market Building. ANNUAL HENRY STREET HERITAGE FESTIVAL: Annual Henry Street Heritage Festival held on Saturday, September 14 in Elmwood Park. At this point, Mayor Lea entered the meeting (4:46p.m.) YOUTH SUMMIT: Sixth Annual Youth Summit scheduled for Saturday, September 21 at William Fleming High School from 10:00 a.m.-3:00p.m. MAURY STRAUSS DISTINGUISHED PUBLIC LECTURE: 2019- 2020 Maury Strauss Distinguished Public Lecture scheduled for Thursday, September 19 at 5:30p.m. at the VTC Biomedical Research Institute at Carilion's Riverside Complex. ELECTRIFYING YOUR RIDE VA EDUCATIONAL EVENT: Electrifying Your Ride VA Educational Event scheduled for Saturday, September 21 from 9:00 a.m. - 1:00 p.m., at 7 Church Avenue, S. W. TRANSIT WEEK: Recognition of Try Transit Week from September 16 - 20, 2019. Valley Metro, in partnership with Ride Solutions and Virginia Department of Rail and Public Transportation promoting transit and educating the public about transit services. Valley Metro will offer complimentary ride vouchers through Ride Solutions. Council and public participation encouraged. TASK FORCE ON GUN VIOLENCE WORKING GROUPS: Task Force on Gun Violence Working Groups scheduled for Monday, September 23 at 6:30 p.m., at the Community Solutions Center. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Vice-Mayor Cobb called attention to Resolution No. 41545-090319 adopted on September 3, 2019, amending and restating the Roanoke Neighborhood Advocates, noting that five positions were open for two and three-year terms of office, commencing October 1 2019; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the names of Cindy Pasternak, Jamaal Jackson, Charles Wilson, Katelynn Lewis and Sunni Purviance. There being no further nominations, Ms. Pasternak and Messrs. Jackson and Wilson were appointed for three-year terms of office, each, commencing October 1, 2019, and ending September 30, 2022; and Ms. Lewis and Ms. Purviance were appointed for two-year terms of office, each, commencing October 1, 2019, and ending September 30, 2021, as members of the Roanoke Neighborhood Advocates, by the following vote: FOR MESSRS JACKSON, WILSON, MS. PASTERNAK MS. LEWIS AND MS. PURVIANCE: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White Boyd and Mayor Lea-7. At 4:56 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in Council's Conference Room, Room 451; and thereafter to reconvene at 7:00p.m., in the Council Chamber. At 6:30 p.m., a Special Meeting of the Stockholder of the Greater Roanoke Transit Company, as represented by the Roanoke City Council, was held in the City Chamber, and was called to order, pursuant to notification by the City Clerk dated September 3, 2019, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis, Djuna L. Osborne, Anita J. Price, Patricia White-Boyd and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. Mayor Lea stated the purpose of the special meeting was to discuss, consider, and act upon any recommendations of the Board of Directors of Greater Roanoke Transit Company with respect to a proposed First Reinstated Agreement for the Exchange of four parcels of Real Property within the City Of Roanoke; and disposition of Real Estate owned by Greater Roanoke Transit Company, located in the area of Salem Avenue and Campbell Avenue, S. W., generally known as Campbell Court. The City Attorney submitted a written report recommending City Council authorize the City, as stockholder of GRTC, to ratify, approve and authorize the following actions of the GRTC Board to: Authorize the President and the General Manager to execute the proposed Reinstated Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such Reinstated Agreement shall be approved as to form by the GRTC's General Counsel. Authorize the President and the General Manager to execute such further documents, including a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the Reinstated Agreement, and take such further actions as may be necessary to implement, administer, and enforce the Reinstated Agreement, and complete the sale and transfer of Campbell Court to the City. Authorize the President and the General Manager to execute such further documents, including the acceptance of a Special Warranty Deed of Conveyance from the City for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the Reinstated Agreement and take such further actions as may be necessary to implement, administer and enforce the Reinstated Agreement, and complete the acquisition of the GRTC Relocation Parcels by GRTC. Authorize the City Manager and/or the Mayor to execute a certification that the City as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed Reinstated Agreement. (For full text, see copy of report on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41565-091619) A RESOLUTION approving of the disposition of Campbell Court as set forth in the First Reinstated Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia ("City") and Greater Roanoke Transit Company ("GRTC") ("Reinstated Agreement"), as recommended by the GRTC Board; ratifying, approving, and authorizing the actions of the GRTC Board to (i) authorize the President and General Manager of GRTC to execute the Reinstated Agreement; and (ii) authorize the President and/or General Manager to execute such further documents and take such further actions as may be necessary to accomplish the sale of real property and the acquisition of real property; and authorizing the City Manager or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed Reinstated Agreement. (For full text of resolution, see Resolution Book 80, page 583.) Council Member Bestpitch moved the adoption of Resolution No. 41565-091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. At 6:38 p.m., the Mayor declared the Special Meeting of the Stockholder of the Greater Roanoke Transit Company, as represented by the Roanoke City Council adjourned. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis, Djuna L. Osborne, Anita J. Price, Patricia White-Boyd and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Charles Wilson, Pastor, The Hill Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Davis moved that each Member of City Council certify to the best of his or her knowledge that: ( 1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. PRESENTATIONS AND ACKNOWLEDGEMENTS: 2019 MISS ROANOKE VALLEY'S OUTSTANDING TEEN: The Mayor recognized Haley Day, 2019 Miss Roanoke Valley's Outstanding Teen and presented her with a City gift. 2019 NAACP National ACT-SO Competition: The Mayor recognized London Paige, Bronze Medal Winner, 2019 NAACP National ACT-SO Competition and presented her with a City gift. PUBLIC HEARINGS: ZONING: Having advertised a public hearing to be held regarding a request of Timothy Luck and John McCarty to rezone property, repeal all conditions proffered as part of previous rezoning, and proffer new conditions for property located at 2841 Sand Road, N. E., from RM-1, Residential Mixed Density District, and 1-1, Light Industrial District, with conditions, to RA, Residential-Agricultural District, with conditions, the matter was before the Council.. Inasmuch as the petitioners having requested a continuance of the abovementioned request before the City Planning Commission on Monday, November 11, 2019, the Mayor advised that the item have been withdrawn since City Council has no jurisdiction to hear the matter at this time. 2018 - 2019 HUD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the 2018 - 2019 HUD Consolidated Annual Performance and Evaluation Report, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 16, 2019; and The Roanoke Tribune on Thursday, August 22, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/comments by the Council Members, Mayor Lea advised that no further action was required. E-911NA811 COMMUNICATIONS CENTER: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to conveyance of City-owned property located at 1830 Blue Hills Drive, N. E., bearing Official Tax Map No. 7280104, in connection with the E-911/Va811 Communications Center, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization of a Declaration of Condominium for joint communications center located at 1830 Blue Hills Circle, N. E., and the sale of condominium unit, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41566-091619) AN ORDINANCE authorizing the City Manager to execute the necessary documents to perform the following actions with respect to the First Amended and Restated Agreement ("Agreement") dated April 17, 2018, between the City of Roanoke, Virginia ("City") and Virginia Utility Protection Service, Inc. ("VA811 "), for the design/build of a proposed joint communications center ("Facility") to be located on real property owned by the City, situated at 1830 Blue Hills Circle, N. E., Roanoke, Virginia 24012, bearing Official Tax Map No. 7280104 ("Property"): (i) for the City, as the declarant and owner of the Property, to establish and create a two unit condominium on the Property, Unit A and Unit B, as such condominium units are described herein, in accordance with the Agreement and the Condominium Documents, for use by the City as an E-911 Center, and for use by VA811 as an 811 Center, together with an undivided interest in the common elements of the condominium; (ii) for the City to retain Unit A, together with an undivided interest in the common elements of the condominium and an exclusive interest in the limited common elements of the condominium; (iii) convey Unit B to VA811 for use by VA811 as an 811 Center; and (iv) ratify and reaffirm the performance of the Agreement by the City and authorize the City to execute all documents in performance of the Agreement by the City and authorize the City to execute all documents in performance of the Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 586.) Council Member Bestpitch moved the adoption of Ordinance No. 41566-091619. The motion seconded by Council Member White-Boyd. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41566-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE AND GREATER ROANOKE TRANSIT COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company (GRTC) for the sale and exchange of four parcels of real property, collectively referred to as the GRTC Relocation Parcels, and described as (i) 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, currently owned by Brandon, Woody and Booker, LLC; and (ii) 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, in connection with a new transportation facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of First Reinstated Agreement for the exchange of real estate between the City of Roanoke and Greater Roanoke Transit Company, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41567-091619) AN ORDINANCE authorizing the City Manager to execute the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia ("City") and Greater Roanoke Transit Company ("GRTC")(the "Reinstated Agreement") to provide for (i) the sale and transfer of the GRTC Relocation Parcels, as described below, to GRTC from the City, and (ii) the acquisition of Campbell Court, as described below, by the City from GRTC; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 588.) Council Member White-Boyd moved the adoption of Ordinance No. 41567- 091619. The motion seconded by Council Member Osborne. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the following individuals appeared before the Council to express concern regarding the City's acquisition of the abovementioned properties on which the City may operate a passenger rail station for use by the public, redevelopment of Campbell Court facility and future development of the train station: • Bill Chapman, 112 Tempsford Lane, Richmond, Virginia • Helen Tippie, 357 Salem Avenue, S. W. There being no further speakers, the Mayor declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41567-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE AND HIST:RE PARTNERS, LLC.: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Hist:Re Partners, LLC that authorizes the sale by the City to Developer of 29 Campbell Avenue, S. W. and 30 Salem Avenue, S. W., bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, commonly known as Campbell Court, in connection with a new transportation facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a First Reinstated Agreement for the exchange of real property between the City of Roanoke and Hist:Re Partners, LLC, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41568-091619) AN ORDINANCE authorizing the City Manager to execute a First Reinstated Agreement for the Exchange of Real Estate (the "Reinstated Agreement") between the City of Roanoke, Virginia ( the "City") and Hist:Re Partners, LLC ("Developer") to provide for (i) the sale and transfer of Campbell Court, as described below, from the City to the Developer; and (ii) the acquisition of the Future Rail Station Parcels, as described below, by the City from Developer; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 591.) Council Member Bestpitch moved the adoption of Ordinance No. 41568-091619. The motion seconded by Council Member White-Boyd. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41568-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. PROPOSED SALE OF PROPERTY LOCATED AT 23 CENTRE AVENUE, N. W: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Roanoke Higher Education Authority, wherein the City proposed to sell a portion of certain real property located at 23 Centre Avenue, N. W., bearing Official Tax Map No. 2013016, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019; and The Roanoke Tribune on Thursday, September 12, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a Contract for the Purchase and Sale of Real Property located at 23 Centre Avenue, N. W., subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: "AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and the Roanoke Higher Education Authority (the "Buyer"), to sell the Buyer an approximately 0.370 acre parcel of City-owned property, such property being a portion of City-owned property located at 23 Centre Avenue, N. W., Roanoke, Virginia, designated as Official Tax No. 2013016, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter; and dispensing with the second reading of this Ordinance by title." Council Member Bestpitch moved the adoption of Ordinance. The motion seconded by Council Member Osborne. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon the following individuals appeared before the Council: • Kay Dunkley, Director, Virginia Tech Roanoke Center at Roanoke Higher Education Center, 108 North Jefferson Street, N. W., spoke in support of the project, noting that project would consist of a pedestrian walkway to the proposed plaza for use by the students; and the funds allocated in the Governor's budget would be used to name the walkway after Oliver Hill, Jr. • Cecile Newcomb, 9 Gilmer Avenue, N. E., stated that the two neighborhood organizations in historic Gainsboro should have been involved in the decision-making process, and suggested that the matter be handled in a respectable manner. • Martin Jeffrey, 421 Fairfax Avenue, N. W., spoke in opposition of the project, and urged the Council to leave the land as is and requested repurposing of funds for scholarships in the name of Oliver Hill, Jr. • Jordan Bell, 5208 Lancelot Lane, N. W., spoke in opposition of the project, noting that input had not been sought from the neighborhood organizations; and suggested funds offered by the Governor be used for education purposes. • Senator John Edwards, Chairman, Roanoke Higher Education Center, spoke in support of a plaza to honor the late Oliver Hill, Jr., which would be an asset to the community by promoting tourism surrounding civil rights in Virginia; and suggested the appointment of a Council designee to serve on a committee, along with a community representative to engage in conversation with neighborhood leaders regarding the current plaza proposal. • Evelyn Slone, Senior Fellow, Hill Studio, 120 Campbell Avenue, S. W., spoke in support of the project that can celebrate the history of the Gainsboro neighborhood, and supports the development of plaza, which would be part of the Higher Education campus and a destination to Henry Street. • Shmura Glenn, 1816 Staunton Avenue, N. W., spoke in opposition of the project, noting that funds were allocated prior to seeking neighborhood input; urged the City to repent for the destruction of the black neighborhoods by urban renewal, and asked Council to postpone action on the matter to allow community involvement since there were many in opposition of the project. • The Reverend Kevin L. McNeil, 1407 22nd Street, N. W., spoke in opposition of the project; and asked Council not to support the proposal since the Higher Education building is not viewed as a civil rights venue, and no community input sought. • Justin Patton, 326 Rutherford Avenue, N. W., spoke in opposition of the project; and suggested the proposed plaza honor , an African American Filmmaker, who for nearly four years in the 1920's worked out of Roanoke, and create another establishment to honor civil rights leader Oliver Hill, Jr. There being no further speakers, the Mayor declared the public hearing closed. Mayor Lea was in favor of appointing a City Council designee to serve on a committee, along with a community representative, to engage in conversation regarding the proposal. He stated it was imperative to educate the public regarding the proposed project; and suggested that the Council consider appointing Council Member White Boyd to serve as the Council designee. The City Attorney interjected that City Council should not designate a member of City Council to participate in the process since the City of Roanoke is the seller of the property; however a Council Member could attend the meetings and not participate in any discussion. Following extensive dialogue regarding the matter, Council Member Davis moved that the matter be postponed until December 16, 2019 at 7:00 p.m., or as soon as thereafter as the matter may be heard, to allow the Roanoke Higher Education Authority to converse with neighborhood organization leaders and community regarding the proposed construction of a landscaped pedestrian plaza. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. At 9:26p.m., the Mayor declared the Council Meeting in recess. At 9:36 p.m., the Council Meeting reconvened, with Mayor Lea presiding and all Members of the Council in attendance. OTHER BUSINESS: ARCHITECTURAL REVIEW BOARD: Petition for Appeal filed by Legacy Partners, II, Spencer Brand, Co Partner, appealing a decision of the Architectural Review Board denying an amended Certificate of Appropriateness to replace stamped metal roof on main roof with architectural shingles, replace standing on wrap-around porch and roll rubber roof on rear porch with standing seam roof at 801 Marshall Avenue, S. W., the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) Nancy Baer, Co-Partner, Legacy Partners, II, opined that the ruling of the Architectural Review Board was arbitrary and inequitable and explained that the cost for the in-kind repair was $50,200.00 and with the building tax value at $83,000.00 it was not economically viable given the market value of the homes on Marshall Avenue; and it was decided to place shingles over the entire roof and felt it was consistent because most of the homes in that area were shingled. In summary, Ms. Baer urged the Council to overrule the decision of the Architectural Review Board and issue a Certificate of Appropriateness so that Legacy Partners, II, could continue the endeavor to improve that portion of Marshall Avenue. Council Member Bestpitch commented that as a former resident of Old Southwest, he understood the issues of the historic district; and inquired as to the previous roofing material used on the comparison property at 440 Day Avenue prior to replacement with architectural shingles; whereupon, Ms. Baer replied that the previous roof was made of stamped metal. John Fulton, Chair, Architectural Review Board, presented a report of the Board recommending that City Council affirm its decision to deny the request, which is not consistent with H-2 Guidelines. (For full text, see copy of report on file in the City Clerk's Office.) Since it appeared that the Council meeting would go beyond the 11:00 p.m., adjournment time, Council Member Davis moved to extend the Council Meeting adjournment to a time certain being no later than 11:30 p.m., pursuant to Section 2-15, Rules of Procedure, Rule 1 (A), Code of the City of Roanoke (1979), as amended. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: Non e-O. Following in-depth discussion of the appeal, Council Member Bestpitch moved to remand the matter to the Architectural Review Board for further reconsideration and consultation. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Osborne, and Mayor Lea-4. NAYS: Council Members Davis, Price and White-Boyd-3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. CRIMINAL ACTIVITY IN THE NEIGHBORHOOD: Sean Story and Lynn Story, 2903 Mansfield Street, N. E., appeared before the Council with regard to criminal activity in their neighborhood; expressed concern regarding several occurrences or more of theft, vandalism, fights and arguments. The Assistant City Manager of Community Development briefed the Council on the certain details surrounding the criminal activity as abovementioned; and stated that due to extenuating circumstances that involves one of the neighbors next door, the City was not in a position to intervene. During additional questions and comments by the Council Members, Council Member Bestpitch left the meeting (11 :07 p.m.). Following further dialogue, the complaint was referred to the City Manager for follow-up. SAFETY OF CHILDREN IN NEIGHBORHOOD: Amanda Moses, 2813 Mansfield Street, N. E., appeared before the Council regarding safety of children in the neighborhood. NEW BUSINESS: VIRGINIA MUNICIPAL LEAGUE: Council Member Davis offered the following resolution designating the Honorable Patricia White-Boyd as the Voting Delegate, the Honorable Joseph Cobb as the Alternate Voting Delegate; and RobertS. Cowell, Jr., as Staff Assistant for the Annual Virginia Municipal League Business Meeting on Tuesday, October 8, 2019 at the Hotel Roanoke and Conference Center: (#41569-091619) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of resolution, see Resolution Book No. 80, page 595.) Council Member Davis moved the adoption of Resolution No. 41569-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 11:16 p.m. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor DAVIS 41582-102119 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 21, 2019 2:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA 1. Call to Order--Roll Call. All Present. The Invocation was delivered by The Reverend Whitney Burton, Associate Pastor, St. John’s Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: This afternoon’s Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, October 25 at 7:00 p.m., and Sunday, October 27 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and/or upcoming expirations of terms of office: Architectural Review Board – one vacancy Building and Fire Board of Appeals – one vacancy Mill Mountain Advisory Board – one vacancy Roanoke Public Library Board – one vacancy Roanoke Valley-Alleghany Regional Commission – one vacancy 1 Access the City’s homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Anthony Peterson, 2750 Florida Avenue, N. W., appeared before the Council regarding a weed and trash citation and lien on his property. 4. CONSENT AGENDA: (APPROVED 7-0) All matters listed under the Consent Agenda are considered routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1 Minutes of the regular meeting of City Council held on Monday, September 16, 2019. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Clerk advising of the resignation of Courtney Campbell as a Citizen representative of the Roanoke Valley-Alleghany Regional Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately 2.96 acres of City-owned property located at 2607 Salem Turnpike, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 2 C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately 0.018 acres of City-owned property located at 715 Franklin Road, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1 950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of approximately .510 acres of City-owned property located at 2202 Countryside Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-6 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigation posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-7 A communication from Council Member Michelle L. Davis, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection process for a City Clerk, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-8 Reports of qualification of the following individuals: J. Frederick Gusler as a Citizen representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term of office ending June 30, 2021; Kevin Earl as a member (Citizen at Large) of the Architectural Review Board to fill the unexpired term of office of Anne Beckett ending October 1, 2022; 3 Jamaal Jackson and Cindy Pasternak for a three-year term of office, each, commencing October 1, 2019 and ending September 30, 2022; and Katelynn Lewis for a two-year term of office commencing October 1 and ending September 30, 2021 as members of the Roanoke Neighborhood Advocates; Stephanie S. Wyatt-Jones as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office, commencing October 21, 2019 and ending October 20, 2023; Jeffrey A. Robertson as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2022; and Melanie Morris as a Citizen at Large representative of the Youth Services Citizen Board for a term ending June 30, 2022. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Share information about activities in connection with the Williamson Road Area Business Association Restaurant Week. Valerie Brown, Executive Director, Spokesperson. (Sponsored by Mayor Lea and Vice-Mayor Cobb) Received and filed. b. Share information about activities and initiatives with regard to The Least of These Ministry. Dawn Sandoval, Founder, Spokesperson. (Sponsored by Mayor Lea and Council Member White-Boyd) Received and filed. c. Presentation with regard to Work Force Development activities of the Work Force Development Board and Virginia Employment Commission. Morgan Romeo, Executive Director, Equal Opportunity Officer, Workforce Development Board; Michelle Brennan, One-Stop Coordinator; and Katherine Holcomb, Manager, Virginia Employment Commission, Spokespersons. (Sponsored by the City Manager) Received and filed. 4 d. A communication from the Honorable Timothy Allen, City Sheriff, recommending acceptance of the State Criminal Alien Assistance Program Grant from the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 41582-102119 and Budget Ordinance No. 41583-102119. (7-0) e. A communication from Mayor Sherman P. Lea, Sr., requesting further dialogue with regard to changing the Municipal Election date from May to November. The following individuals appeared before the Council and spoke in support of changing the Municipal Election Date from the first Monday in May 2020 to the first Tuesday following the first Monday in November 2020: Barbara Andes, 2803 Rosalind Avenue, S. W. Robin Barnhill, 2309 Brandon Avenue, S. W. Luke Priddy, 302 5th Street, S. W. Catherine Koebel, 2625 Longview Avenue, S. W. Brenda Hale, President, Roanoke Branch – NAACP Without objection by the Council, discussion by the Council regarding the matter would occur during the 7:00 p.m. meeting. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the FY2020 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. Adopted Resolution No. 41584-102119 and Budget Ordinance No. 41585-102119. (7-0) 5 2. Acceptance of the FY2019 State Homeland Security Program Grant from the U.S. Department of Homeland Security Federal Emergency Management Agency. Adopted Resolution No. 41586-102119 and Budget Ordinance No. 41587-102119. (6-0, Council Member Price was not present when vote was recorded) 3. Acceptance of a monetary donation from Branch Management Corporation as part of the City’s Beautify Roanoke Interchanges Through Enhancement Program for landscaping at the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard. Adopted Resolution No. 41588-102119 and Budget Ordinance No. 41589-102119. (6-0, Council Member Price was not present when vote was recorded) 4. Acceptance of “pass through” funds from the Virginia Department of Emergency Management to assist the Hazardous Materials Response Team with hazardous materials emergency responses and training and development. Adopted Resolution No. 41590-102119 and Budget Ordinance No. 41591-102119. (6-0, Council Member Price was not present when vote was recorded) 5. Authorization for acquisition of real property rights in connection with the Brymoor Road, S. W. Stormwater Improvement Project. Adopted Ordinance No. 41592-102119. (7-0) 6. Authorization for acquisition of real property rights as part of the Stormwater Utility Flood Mitigation Program. Adopted Ordinance No. 41593-102119. (7-0) 7. Authorization to increase funding level to be reserved for FY2019 Payroll Accrual. Adopted Resolution No. 41594-102119. (7-0) 8. Execution of an Amendment No. 3 to the Agreement for Purchase and Sale of Real Property for development of a downtown parking facility and hotel at 116 and 120 Church Avenue, S. E. Adopted Ordinance No. 41595-102119. (7-0) 9. Authorization for issuance of General Obligation Public Improvement Refunding Bonds. Adopted Resolution No. 41596-102119. (7-0) 6 COMMENTS OF THE CITY MANAGER. NONE. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41597-102119. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Osborne praised the success of the GO Outdoor Festival (GO Fest) held on October 18 – 20, at the River’s Edge Sports Complex. Council Member White-Boyd mentioned the launching of the Lime Electric Scooters on Friday, October 18, and expressed concern with regard to the appropriate docking of the scooters. Council Member Price reminded everyone that the month of October is declared as Breast Cancer Awareness Month; and the week of October 20 - 26 is declared as Red Ribbon Week for Drug Awareness; and the Roanoke Area Youth Substance Abuse Coalition (RAYSAC) will hold a Candlelight Vigil at The Hotel Roanoke and Conference Center on November 10 at 3:30 p.m., in honor of those who died due to drug addiction. Council Member White-Boyd acknowledged receipt of donation of three benches, being two to Roanoke and one to the Commonwealth. Mayor Lea commented on the Grand Opening of the Virginia Western STEM Building held on Thursday, November 17 at Virginia Western Community College Campus. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 7 12. RECESSED – 4:04 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL’S CONFERENCE ROOM; AND THEREAFTER, TO RECONENVE AT 7:00 P.M. IN THE COUNCIL CHAMBER. 8 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 21, 2019 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order--Roll Call. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Lea. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7-0) NOTICE: Tonight’s Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, October 25 at 7:00 p.m., and Sunday, October 27 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 9 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Taylor Pusha, Finalist, Food Network’s Kids Baking Championship. Mayor Lea recognized Miss Pusha and presented her with a City gift. Presentation by the Roanoke Preservation Alliance regarding the issues of vaping on youth in the City of Roanoke and the Region. Received and filed. B. PUBLIC HEARINGS: 1. Request of Trustees of New Hope Christian Church to repeal all conditions proffered as part of a previous rezoning on property located at 0 Van Winkle Road, S. W., and 4628 Old Rocky Mount Road, S. W., respectively; to rezone 4209 Welcome Valley Road, S. E., 0 Van Winkle Road, S. W., and 4628 Old Rocky Mount Road, S. W., respectively, from Residential Single-Family District, and Heavy Industrial District, with conditions, to Institutional Planned Unit Development; and to amend the Planned Unit Development Plan for 4229 Welcome Valley Road, S. E., currently zoned Institutional Planned Unit Development District. Simon Rutrough, Spokesperson. Adopted Ordinance No. 41598-102119. (7-0) 2. Request of Yousef Alamouri to rezone property located at 3805 Melrose Avenue, N. W., from Institutional District, to Commercial-Neighborhood District. Yousef Alamouri, Spokesperson. Adopted Ordinance No. 41599-102119. (7-0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. The following individuals appeared before the Council and expressed concern regarding nine deaths within four years while incarcerated in the Roanoke City Jail, as well as unsanitary living conditions of inmates; and urged the Council to encourage the Sheriff to seek other alternatives for incarcerated inmates, such as rehab housing: Natasha Harper, 125 Bush Drive, Vinton Jason Lambert, 641 Yorkshire Street, Salem Crystal Mello, 992 Poplar Hollow Road, Shawsville 10 Jennifer Page, 3133 Willow Road, N. W. Abdul Douglas, P. O. Box 6515, Roanoke At 7:48 p.m., due to a disruption in the Council Chamber, the Mayor declared the Council meeting in recess. At 8:11 p.m., the Council Meeting reconvened, with Mayor Lea presiding. D. OTHER BUSINESS: 1. A communication from Mayor Sherman P. Lea, Sr., requesting further dialogue with regard to changing the Municipal Election date from May to November. (Matter continued from 2:00 p.m. meeting) The following individuals appeared before the Council and spoke in support of changing the Municipal Election Date from the first Monday in May 2020 to the first Tuesday following the first Monday in November 2020: Robert Jeffrey, 2755 Kirkland Drive, N. W. Kate Berding, 2814 Jefferson Street, S. W. Colbert Boyd, 2508 Round Top Road, N. W. Thomas Jones, 2610 Belle Avenue, N. E. Jordan Bell, 5208 Lancelot Lane, N. W. LuAnn Fitzpatrick, 3217 Southwood Manor Court Beth Deel, 1426 Greenbrier Avenue, S. E. Luke Priddy, 302 5th Street, S. W. Siclinda Canty-Elliott, 2320 Westover Avenue, S. W. Following extensive dialogue by the Council regarding the abovementioned matter, a motion to move the Municipal Election Date from the first Monday in May 2020 to the first Tuesday following the first Monday in November 2020; and instruct the City Attorney to prepare the proper measure for adoption at the November 4, 2019 Council Meeting was adopted. (5-2, with Council Members Bestpitch and Davis voting no.) E. RECESSED - 9:27 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL MONDAY, OCTOBER 28, 2019 AT 8:30 A.M., IN THE COMMUNITY ROOM, MELROSE BRANCH LIBRARY, 2502 MELROSE AVENUE, N. W., SUITE D, FOR THE ANNUAL PLANNING BUDGET RETREAT. 11 0 '/~ ts,.~l-. '/ S' "'"' ,,/.> 0 Required ! 0, o, ; ..S, -~ o, :::.., ..s, ~~0'-i"=- 100 :