HomeMy WebLinkAboutCouncil Actions 12-20-04$6908-122004
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 20, 2004
2.'00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call.
The Invocation was delivered by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
December 23, 2004, at 7:00 p.m., and Saturday, December 25, 2004, at
4:00 p.m. Council meetings are offered with closed captioning for the
hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE M.adORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON,
CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLO'I-rED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-I'EE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Government Finance Officers Association Distinguished Budget Presentation
Award.
File #60-80-299
A resolution congratulating the football team of the Virginia Polytechnic
Institute and State University for winning the 2004 Atlantic Coast Conference
Championship Title.
Adopted Resolution No. 36908-122004. (7-0)
File #258-388
Shining Star Awards were presented to Randall Haigler and Brian McFarland.
File #80
CONSENT AGENDA
C-1
C-2
Approved (7-0)
ALL MA'I-rERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meeting of Council held on Monday,
November 1, 2004.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended; and to
interview applicants for four vacancies on the City Planning Commission.
RECOMMENDED ACTION: Concur in the request.
File #110-132-200
3
C-3
A communication from S. James Sikkema, Executive Director, Blue Ridge
Behavioral Healthcare, requesting that Council ratify the appointment of
Dana Barnes Lee as an at-large member of the Board of Directors.
RECOMMENDED ACTION: Concur in the request.
File #110-314-230
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
A communication from Mayor C. Nelson Harris requesting
concurrence by Council in the adoption ofaCity policy with regard to
procurement of art from the City Art Show.
Adopted Resolution No. 36909-122004. (7-0)
File #1 32-230-311
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
Downtown Parking - Campbell
Avenue and Luck Avenue Parking Garages
1 0 Minutes
File #20-553
ITEMS RECOMMENDED FOR ACTION:
Acceptance of Virginia State Wireless E911 Services Board funds
in the amount of $140,148.42; and addition of two Public
Safety Telecommunicators and one Communications Supervisor
in the Department of Technology.
Adopted Budget Ordinance No. 36910-122004. (7-0)
File #60-188
Acceptance of Workforce Investment Act funds in the amount of
$198,780.00 for Program Year 2004 from the Western Virginia
Workforce Development Board.
Adopted Budget Ordinance No. 36911-122004 and
Resolution No. 36912-122004. (7-0)
File #60-236-246
Acceptance of the Employment Advancement for TANF
Participants grant from the Virginia Department of Social
Services in the amount of $615,000.00; and appropriation of
$592,107.00.
Adopted Budget Ordinance No. 36913-122004 and
Resolution No. 36914-122004. (7-0)
File #60-72-236
Execution of a revised agreement with the Roanoke City School
Board for continued operation of the Lucy Addison Middle
School Fitness Center.
Adopted Resolution No. 36915-122004. (7-0)
File #67-467
Execution of an agreement with Norfolk Southern Railway
Company accepting donation of the SOU 51836 Flatcar.
Adopted Resolution No. 36916-122004. (7-0)
File #68-223-229
6. Adoption of a resolution proclaiming support for the E911
Center to apply for a grant for national accreditation.
Adopted Resolution No. 36917-122004. (7-0)
File #188-236
Adoption of a resolution concurring in adoption by the Western
Virginia Water Authority of certain water and sewer connection
policies, pursuant to Section 15.2-5137, Code of Virginia,
1950, and an ordinance amending the City Code to include the
abovereferenced connection policies, effective January 1,2005.
Adopted Resolution No. 36918-122004
Ordinance No. 36919-122004. (7-0)
File #27-468
and
Adoption of a resolution authorizing the City Manager to file a
petition to rezone City-owned property located on Colonial
Avenue, S. W., from RS-2, Single Family Residential District, to
RPUD, Residential Planned Unit Development District, subject to
certain conditions as set forth in the petition.
Adopted Resolution No. 36920-122004. (7-0)
File #51
7. REPORTS OF COMMYI-I'EES:
Request of the Roanoke City School Board for appropriation of
$494,136.00 for the 2004-2005 Flow Through program; and a report
of the Director of Finance recommending that Council concur in the
request. Kenneth F. Mundy, Executive Director of Fiscal Services,
Spokesperson.
Adopted Budget Ordinance No. 36921-122004. (7-0)
File #60-467
Request of the Roanoke City School Board for approval of a State
Literary Fund loan application for improvements to Westside
Elementary School, in the amount of $3.85 million; and a report of the
Director of Finance recommending that Council concur in the request.
Kenneth F. Mundy, Executive Director of Fiscal Services,
Spokesperson.
Adopted Resolution No. 36922-122004 and Resolution No.
36923-122004. (7-0)
File #467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution authorizing the issuance of a $439,100.00 General
Obligation Qualified Zone Academy Bond (Fallon Park Elementary
School), Series 2004, of the City of Roanoke, Virginia, to be sold to
Bank of America, N.A., and providing for the form and details thereof.
(Public hearing was held on Monday, December 6, 2004.)
Adopted Resolution No. 36924-122004. (7-0)
File #53-467
10.
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Cutler advised that former Council
Member Linda F. Wyatt w.as awarded an. Honorary
Membership to The Roanoke FJrefighters Assooation at the
38th Annual Banquet which was held on December 18,
2004, at the Clarion Hotel Roanoke Airport. He also
advised that Tim Cady, Firefighter/EMT, and Dan Spearin,
Firefighter/Paramedic, were named as Firefighters of the
Year for their work in connection with the Swift Water
Rescue Team.
File #70-80-132
Council Member Lea commended the City of Salem, host of
the NCAA Stagg Bowl on Saturday, December 18, 2004.
File #80-388
The Mayor extended holiday greetings to all citizens of the
Roanoke Valley.
File #80
b. Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-fERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia, spoke with
regard to renovating and promoting the use of Victory Stadium.
File #122
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke in support of
improved holiday decorations for the City of Roanoke for the
2005 holiday season.
File #1 75-132
Ms. Evelyn D. Bethel, 35 Patton Avenu.e,. N. E., spoke in
opposition to the proposed methadone chmc on Hershberger
Road, N. W., the need for front screen doors on housing units at
The Villages at Lincoln, increased water and sewer rates, and the
renovation of Victory Stadium.
File #27-76-122-178-468
12. CITY MANAGER COMMENTS:
The City Manager presented a summary of some of the
accomplishments of City employees during calendar year 2004.
File #80-184
CERTIFICATION OF CLOSED SESSION. (7-0)
Reappointed the following persons:
City Planning Commission
File #15-110-200
Robert B. Manetta, Richard A.
Rife, Paula L. Prince and
Fredrick M. Williams for terms
commencing January 1,2005,
and ending December 31,
2008.
Fifth Planning District
Disability Services Board
File #15-72-110-353
Carol Tuning for a term
ending January 31,2006.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
7:00 P.M., IN THE CITY COUNCIL CHAMBER.
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 20, 2004
7'00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call,
The Invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Harris.
Welcome.
Mayor Harris.
NOTICE:
The Council meeting will be televised live on RVTVChannel 3 to be replayed
on Thursday, December 23, 2004, at 7:00 p.m., and Saturday, December 25,
2004, at 4:00 p.m. Council meetings are offered with closed captioning for
the hearing impaired.
A. PUBLIC HEARINGS:
Request of Bland A. and BettyJ. Painter and FR-1 Investments, LLC,
that 12 tracts of land located at the intersection of Franklin Road and
Wonju Street, S. W., a portion of Norfolk Southern right-of-way and a
portion of right-of-way owned by the Commonwealth of Virginia, be
rezoned from C-2, General Commercial District, C-2, General
Commercial District, with conditions, and LM, Light Manufacturing
District, to INPUD, Institutional Planned Unit Development District,
subject to certain conditions proffered by the petitioners.
Maryellen F. Goodlatte, Attorney·
Adopted Ordinance No. 36925-122004. (7-0)
File #51
Request of Carillon Medical Center, CHS, Inc., and B & B Holdings that
property located on Reserve Avenue, Franklin Road, and Jefferson
Street, S. w., be rezoned from HM, Heavy Manufacturing District, and
C-1, Office District, to INPUD, Institutional Planned Unit Development
District. Briggs W. Andrews, Spokesperson.
Adopted Ordinance No. 36926-122004. (7-0)
File #51
Proposal of the City of Roanoke to convey approximately 23.742
acres, more or less, of City-owned property fronting on Colonial
Avenue, S.W., identified as Official Tax No. 1570101, subject to
certain terms and conditions as contained in a contract proposed to
be entered into by the City and Colonial Green, L.C. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 36927-122004. (7-0)
File #51
Proposal of the City of Roanoke to extend the lease of a portion of
City-owned property known as the Commonwealth Building, located
at 210 Church Avenue, S.W., to the United States Government,
General Services Administration. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36928-122004. (7-0)
File #166-524
B. HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MAq-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Chris Craft, 1501 Eastgate Avenue, N. E., spoke with regard
to improvements to Yeager Avenue, N. E.
File #514
Mr. Robert Gravely, 727 29th Street, N. W.,
scripture.
File #23-66
quoted Bible
DISTINGUISHED BUDGET PRESENTATION AWARD
December20,2004
I would like to ask our City Manager and Director of Management and Budget to
join me at the lectern.
On behalf of the Members of Council, I am pleased to announce that the City of
Roanoke and our Director of Management and Budget, Sherman Stovall, have
been awarded the Government Finance Officers Association Distinguished
Budget Presentation Award for the City's fiscal year 2004 budget.
The City of Roanoke is proud to accept this award which represents a
significant achievement by the City and reflects the commitment of the Council
and City staff to meeting the highest principles of governmental budgeting.
(Present certificate and plaque to Mr. Stovall)
Document2
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 60601-1210
312.977.9700 J~x: 312.977.4806
October 12, 2004
The Honorable C. Nelson Harris
Mayor
City of Roanoke
215 Church Avenue, SW
Room 452
Roanoke, Virginia 24011 - 1595
Dear Mayor Harris:
I am pleased to notify you that City of Roanoke, Virginia has received the Distinguished Budget
Presentation Award for the current from the Government Finance Officers Association (GFOA).
This award is the highest form of recognition in governmental budgeting and represents a
significant achievement by your organization.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department designated
as being primarily responsible for its having achieved the award. This has been presented to:
Sherman Stovali, Director of Management & Budget
We hope you will arrange for a formal public presentation of the award, and that
appropriate publicity will be given to this notable achievement. A press release is
enclosed for your use.
We appreciate your participation in GFOA's Budget Awards Program. Through your
example, we hope that other entities will be encouraged to achieve excellence in
budgeting.
Sincerely,
Stephen J. Gauthier, Director
Technical Services Center
Enclosure
www. glba.org
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xr~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 22, 2004
File #258-388
Frank Beamer, Head Football Coach
Virginia Tech Athletics Department
Jamerson Athletic Center/Cassell Coliseum/Merryman Center
Blacksburg, Virginia 24061
Dear Coach Beamer:
I am enclosing copy of Resolution No. 36908-122004 congratulating the football
team of Virginia Polytechnic Institute and State University for winning the 2004
Atlantic Coast Conference Championship Title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2006.
No. 36908-122004.
A RESOLUTION congratulating the football team of the Virginia Polytechnic
Institute and State University for winning the 2004 Atlantic Coast Conference
Championship Title.
WHEREAS, Virginia Tech's football team moved from the Big East Conference
to the ACC in 2004;
WHEREAS, Virginia Tech was unranked at the start of the 2004 football season
and picked to finish as low as eighth in the ACC this year;
WHEREAS, Virginia Tech put together a hard-nosed defense, big-play special
teams and an efficient offense to wear down their opponents;
WHEREAS, after losing to USC and North Carolina State, the Virginia Tech
Hokies went on to win a total of 10 games during the regular season;
WHEREAS, the Virginia Tech Hokies finished the 2004 football season with a
ranking as number 9 in the ESPN and AP polls; and with a 10-2 overall record and a 7-1
mark in the ACC that won them the ACC Championship Title;
WHEREAS, Virginia Tech Head Coach Frank Beamer was named ACC Coach of
the Year for 2004;
WHEREAS, Virginia Tech Quarterback Bryan Randall was named ACC Player
and Offensive Player of the Year, and received the 15th annual Dudley Award, given each
year to the state's top collegiate football player; and
WHEREAS, four Hokies football players--Bryan Randall, Darryl Tapp, Jimmy
Williams, and Brandon Pace--were named to the AIl-ACC first team.
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing and commending the
Virginia Tech football team for winning the ACC Championship Title and for its other
achievements, and supporting them as they play against Auburn University in the Nokia
Sugar Bowl Game, to be held in New Orleans, Louisiana, on January 3, 2005.
K?uMeasu~s\Va Tech Resolulio~ 1204.doc
2. The City Clerk is directed to forward an attested copy of this resolution to the
Hokie's head coach, Frank Beamer.
ATTEST:
City Clerk
K:kMeaauIe~\Va Tech Re*olulion 1204.doc 2
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
December 9, 2004
File #80-132-258
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 6, 2004, you were requested to prepare the proper measure
congratulating the VirginiaTech football team, winner of the ACC title on Saturday,
December 4, 2004, and wishing them success as they compete against No. 3 rated
Auburn in the Sugar Bowl on January 3, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
SHINING STAR PRESENTATIONS
December20,2004
On behalf of the Members of Council, I am pleased to present Shining Star
awards to Brian McFarland and Randall Haigler.
On July 8, 2003, police officers were dispatched to the scene of a robbery and
the assault of a person at Oakland Boulevard and Courtland Road, N.W. Brian
and Randall observed the altercation and were following the suspects on bikes
when they saw police officers approaching, at which time they pointed out the
suspects. Both suspects were taken into custody; however, the incident drew
the attention of an angry crowd. Brian and Randall approached the crowd and
explained that they followed the suspects after the victim called to them for
help. Both suspects were charged with robbery by violence and malicious
wounding and detectives were later able to charge them with five other
robberies in the Valley View Mall area. Without the assistance of these two
young men, police officers investigating the case believe that the suspects
would not have been apprehended and the other robberies would remain
unsolved.
~ .\~ F:R~F~ATA\CKEWI\counciI\harris\SHINING STAR PRESENTATIONS.doc
(::-1
385
ROANOKE CITY COUNCIL
November 1, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 1, 2004, at 9:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with Mayor C. Nelson Harris 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. 36762-070604 adopted bythe Council on Tuesday, July 6, 2004.
COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Alfred T. Dowe,Jr., Beverly T.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris ...................................................... 7.
ABSENT: None .................................................. 0.
The Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Gloria P. Manns, Alvin L.
Nash, Courtney A. Penn, Robert J. Sparrow, David B. Trinkle, , and Kathy G.
Stockburger, Chair ................................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
Representing the Roanoke City Public Schools: Doris N. Ennis, Acting
Superintendent; Cindy H. Lee, Clerk to the School Board; Timothy R. Spencer,
Assistant City Attorney; R. Kaye Pleasants, Assistant Superintendent for
Operations; Richard L. Kelley, Assistant Superintendent for Operations; Kenneth F.
Mundy, Jr., Executive Director for Fiscal Services; and Dr. Lou Talbutt, Executive
Director for Student Support Services.
386
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(]10), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS:None ................................................... 0.
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request to convene in a
closed session as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ................................................... 0.
SCHOOLS: The Mayor announced that 45 - 60 minutes would be devoted to
meeting with the search consultant who was employed by the School Board to
recruit applicants for a new School Superintendent in order to review the process
and to respond to questions by Council. As a time saving measure, he advised
that written information was previously provided by the School Board in response
to various agenda items; i.e.: school safety-discipline, drug dog searches,
expanding alternative education, Adolescent Uplift, New Beginnings, Maternal and
Infant Education Center, middle school after school programs.
387
On behalf of the School Board, Chairperson Stockburger expressed
appreciation for the opportunity to meet with Council on various school-related
issues.
School Safety and Discipline:
The Acting Superintendent advised that a workshop was held consisting of
approximately 80 participants from Roanoke City Schools on de-escalation
training, which will have an impact on proactively diffusing difficult situations in
the schools before they get out of hand. She stated that the approximately 80
educators who attended the de-escalation training are in the process of
networking strategies to various schools.
Dr. Talbutt announced that cameras have been installed at William Fleming
High School and William Ruffner Middle School and should be installed at Addison
Aerospace Middle School before the Thanksgiving break. She called attention to a
positive evaluation from the group that conducted the de-escalation training, with
over 90 per cent of participants rating the training as worthwhile and needed
within Roanoke City Public Schools.
Ms. Ennis advised that the number of complaints have decreased compared
to last year, lines of communication are open with the School Board, and concerns
expressed by parents are properly and timely investigated.
Council Member Cutler inquired if there is live monitoring by school
cameras; whereupon, Dr. Talbutt advised that 32 cameras have been installed in
the schools to date, live monitoring is not done throughout the school day, but
video tapes are made in the event that there is a incident that needs to be viewed
by the principal.
Ms. Ennis advised that administrators are trained to know where the "hot
spots" are located in the schools and the time of day that monitoring is necessary;
cameras are strategically placed based upon the principal's knowledge of the
school building; during the changing of classes, teachers are assigned to supervise
certain areas, and there are times when the administration cannot be physically
present, but they can monitor certain areas. Dr. Talbutt added that at key times,
principals assign security staff to monitor various situations.
388
Council Member Lea inquired, under the umbrella of school safety and
discipline, if the School Board previously stated its opinion with regard to the
proposed methadone clinic on Hershberger Road; whereupon, the Chair advised
that the School Board stated its opposition to the proposed location in a letter
from Superintendent Harris approximately one year ago. She stated that acopyof
the communication would be provided to the Members of Council.
Adolescent Uplift Program:
Adolescent Uplift is an intervention program designed to meet the needs of
over-age middle school students who are at least one grade level behind their peer
age group. The program can accommodate up to 70 students and is held at
Breckinridge Middle School between the hours of 2:00 p.m. and 6:00 p.m.
Currently 65 students are enrolled and transportation is provided to and from the
student's home. Instruction is provided in four core content areas- English, social
studies, science and mathematics. Reading is a primary focus of the program
because many of the students have limited reading skills. Students receive
concentrated instruction from reading teachers. Students who are age-eligible are
given assistance in obtaining employment before and after school hours. Driver
education takes place after the instructional day to provide students the
opportunity to obtain a driver's license.
Council Member Wishneff noted that students attend school from 2:00 to
6:00 pm., and inquired if they attend their regular school prior to 2:00 p.m. Dr.
Talbutt advised that students do not attend regular school during the morning
hours; the program has grown to include approximately 70 students; students are
encouraged to work and to volunteer their time and they are motivated by the
opportunity to get their driver's license; and counseling is provided to students
who are monitored by Adolescent Uplift staff in their transition to high school.
The Acting Superintendent added that the ultimate goal is to increase the
graduation rate and to decrease the dropout rate; the Adolescent Uplift program is
intended to address those students who normally would not graduate from high
school, some of whom may be suffering from a self esteem problem and many are
at an age where they have part time jobs that keep them connected to school. She
called attention to the Technical Academy at the Roanoke Higher Education Center
which is another alternative education program that targets a group of students
who have lost interest in the traditional larger high school setting and may perform
better in the smaller setting.
389
Maternal and Infant Education Center:
Students enrolled for 2004-2005 have been mainstreamed with Noel C.
Taylor Learning Academy students to enhance their access to the wider variety of
academic offerings needed in order to earn a standard diploma. Students attend
classes with Noel C. Taylor students and childcare and parenting classes are
provided to these students.
Ms. Ennis advised that female students who participate in the program score
higher on their SOL's than the average student due to certain specialized
instruction.
Council Member Cutler inquired as to the percentage of female students who
attend sex education classes; whereupon, Ms. Ennis called attention to family life
education which is taught in physical education classes. Dr. Talbutt stated that
students attending the Maternal and Infant Education Center participate in
parenting classes and the Center also provides day care for their children; and
teenage pregnancy is avalleywide issue and acommunitywide concern, although
the pregnancy rate has decreased. Ms. Ennis stated that a parenting skills class is
also interfaced with personal care for students who are pregnant, both before and
following delivery of the baby, and although classes are not taught specifically,
consultants are engaged to address the responsibilities of motherhood, etc.
The City Manager advised that the lack of self esteem is one of the major
causes of teenage pregnancy and the school system is constantly called upon to
look at programs that help to build self esteem, which will lead to the greatest
successes in school programs.
Drug doq searches:
Drug dog searches are coordinated between the School Resource Officers
and the Police Department. All middle and high schools will continue to conduct a
minimum of two drug dog searches (one per semester) per school year. The date
and times are not pre-announced, but several have already been scheduled for this
school year.
390
New Leadership:
The Chair advised that James R. Oglesby, Ph.D., representing the firm of Ray
and Associates, has been retained by the School Board to lead the search for the
new School Superintendent. She stated that the School Board is confident that
their efforts will help to attract highly qualified candidates, culminating in securing
the best person for an extremely critical position.
Expandinq alternative education:
The Noel C. Taylor Learning Academy is the District's alternative education
school. Enrollment data for the various programs offered at the Academy was
provided indicating an overall total of 196 students.
New Beginninqs Program:
New Beginnings is a program modeled after the Adolescent Uplift program
and provides more focused support and assistance to students who are not
functioning well in the traditional high school setting. The program is conducted
at the Noel C. Taylor Learning Academy. Smaller classes, individualized instruction
and flexible time schedules allow the students electing to participate in the New
Beginnings program to optimize their credits. The goal is to meet the students'
needs so that at some point in the future they can return to the traditional high
school setting. Students are selected for the program based on the following
criteria--behind in credits, habitual offenders of the school code of conduct, or
lack of success because of poor attendance.
There was discussion with regard to programs that are geared to address
students who are habitually tardy for class; whereupon, the Acting Superintendent
advised that Campus Roundup is enforced. She stated that the seven period
schedule at the high school level has helped in connection with the supervision of
students by getting them to class on time and providing time in the daily schedule
of teachers to supervise the cafeteria and hallways, etc. Therefore, she added that
the seven period school day has not only helped students to participate in more
electives and to graduate, but has enhanced the safety and supervision of
students.
391
School uniforms:
Council Member Lea inquired as to the status and legality of school
uniforms; whereupon, the Chair called attention to discussions regarding
implementation of a pilot program and staff has been requested to research legal
ramifications, if any.
Mr. Spencer called attention to two basic approaches on how a school
system or public school may conduct a school uniform program; i.e.: a voluntary
program such as the City of Richmond administers through its technical school;
and an opt out option for religious or other concerns in order to give parents a
choice even if the program is mandatory so as not to inhibit religious or political
speech. He stated that the programs administered by the Cities of Richmond and
Norfolk will be reviewed which will help Roanoke's School Board to make an
informed and reasonable decision.
Council Member Lea commended the work that has been done to date and
noted that school uniforms have been implemented throughout the country. He
inquired about the type of uniforms that are worn at the Noel C. Taylor Learning
Academy; whereupon, Ms. Ennis advised that students were encouraged to provide
input into the type of uniform to be worn which culminated in an agreement that
khaki pants and tee shirts representing individual school colors would be the
uniform of choice. She called attention to the importance of involving students to
ensure buy in at that level.
The Chair stated that there should be a measured response to avoid the
possibility of law suits.
It was noted that the School Board is looking at more than just the issue of
school uniforms, but the over all dress code.
Council Member McDaniel inquired about the teacher turn over rate;
whereupon, it was advised that the turn over rate is approximately ten per cent per
year.
392
Superintendent search process:
Council Member Dowe commended the School Board on actions taken to
date which are sending a definitive and positive message to Roanoke's citizens.
He stated that it is hoped that any concerns that exist within the general populace
will be alleviated without any structured or drastic measures.
Council Member Lea commended the School Board and the administration
on the manner in which the naming of the Roanoke Academy of Mathematics and
Science was addressed, which allowed the school to maintain its identity while
recognizing certain key individuals within the community.
Mr. Nash inquired about the "buddy system" that was previously initiated by
Council and the School Board; whereupon, the Mayor advised that the "buddy
system" was established in an effort to pair up a Member ofCouncilwith a Member
of the School Board as a relationship building and information sharing technique.
He stated that the business of the schools is moving along in good order at the
present time without having to reconstruct the "buddy system"; he, along with the
City Manager, the Acting Superintendent of Schools, and the School Board Chair
meet on a monthly basis to share issues of mutual interest and concern; his role as
Mayor is to stress and to facilitate relationship building and as a result of this
approach, there is an exchange of information by both bodies that appears to be
working.
Vice-Mayor Fitzpatrick called attention to an improved working relationship
between the Council the School Board; by participating in monthly meetings of City
and School officials, there is an opportunity to discuss various issues of concern,
therefore, there is no need for any more structure than is currently in place. He
stated that he would feel comfortable in calling a member of the School Board for
information if necessary and it would be hoped that the School Board would feel
comfortable in calling the Members of Council for information.
Council MemberWishneffexpressed appreciation to Ms. Ennis for serving as
Acting Superintendent of Schools until the position is filled on a permanent basis.
393
Council Member Cutler advised that there has been a positive change in the
relationship between City Council and the School Board over the past few months;
and rather than the two bodies operating as two distinct groups with different
agendas, the Council and the School Board now operate as a team.
Mayor Harris stated that there is now a level of confidence in Roanoke City
Public Schools, and the message that City Council and the School Board would like
to send to the citizens of Roanoke is that concerns which were previously
expressed regarding school safety have been seriously considered by the School
Board, the School Board has responded through expanded alternative education
programs, by continuing to review the issue of school uniforms, and a change in
school administrative leadership. He stated that the Members of Council are
pleased with the progress that has been made to date which is a tribute to the
leadership of the School Board, the Acting Superintendent and others, and Council
will continue to work with the School Board since the success of the City of
Roanoke depends upon the success of its school system.
Mr. Lindsey introduced Dr. James R. Oglesby and Dr. Phil Newman,
representing Ray and Associates.
Dr. Oglesbyexpressed the appreciation of Ray and Associates to have been
selected to conduct the School Superintendent search for the City of Roanoke and
advised that a joint meeting of City Council and the School Board was a good way
to start the process. He reviewed his credentials and past experience.
He advised that:
Ray and Associates will serve as consultants to the Roanoke
City School Board and will conduct the superintendent search
process in a manner that is consistent with directions of the
School Board.
A profile will be developed using a set of 32 criteria which has
been modified and consistently used for a number of years.
A survey will be completed by interested persons in which they
will identify the top ten of the 32 characteristics that Roanoke's
School Superintendent should possess.
394
A compilation of characteristics will be provided to the School
Board which will assist the School Board in identifying the
characteristics to be included in the advertisement for
applications, along with information describing the Roanoke
community.
All applications will be forwarded to Ray and Associates in
order to maintain the confidentiality of the applicants.
All applicants will be measured against the established
criteria/characteristics that are developed; information on all
applicants will be provided to the School Board, as well as
recommendations by the consultant on those applicants who
should be considered by the Board.
An in house contact person will be designated by the School
Board to work with the search firm.
Community wide forums and individual group meetings will be
conducted to collect information from all segments of the
community to ensure that diversity is a component of the
search process.
The time line established by the School Board provides for the
new superintendent to be selected by the end of February 2005
and to assume the position by July 1, 2005, which will allow the
successful candidate to be involved in planning for the next
school year;
The time line includes several significant dates; i.e.:
community meetings to discuss the profile, the date that the
search process closes, a review by the School Board of
credentials of those individuals who are recommended by the
search consultant, interview process design, formal interviews
to evaluate the credentials of all applicants, and a list of
questions will be provided to the School Board to be asked of
all candidates in order to fairly compare credentials.
395
The search consultant will provide the School Board with a list
of recommended candidates for background checks.
The search consultant will meet with the School Board to
discuss a salary package to be included as a part of the
advertisement for the position which will be consistent with the
quality of individual desired for the position.
The position will be widely advertised in such publications as
American Association of School Administrators, Education
Week, the Sta~e School Board Association, the National School
Board Association, and appropriate executive registries.
It should be clarified in the beginning of the process if the City
wishes to have traditional or non-traditional candidates in the
applicant pool; i.e.: traditional candidates are those persons
who have taught in the schools in grades K - ].2, have served
as principal or assistant principal, have worked in the central
office, or have served as a superintendent in another locality,
and whether a PhD or some other type of degree will be a
requirement.
The School Board and the search consultant have not reached a
decision on the proposed salary, although it is anticipated to be
in the range of $].45,000.0Oand $].50,O00.00, and the benefits
package should be consistent with what has been offered to
previous superintendents, or consistent with the salary offered
to other superintendents within the district.
Interviews will be held within the community with the
understanding that the identity of the applicants will be
protected.
There was discussion with regard to filling acting positions within the school
system before the new Superintendent is hired; whereupon, the Chair advised that
acting positions will not be filled until the new Superintendent is in office.
396
Dr. Oglesby advised that the search consultant would like to meet
individually with the Members of Council on November 10 and 11, or November 8
and 9 (alternate dates) at a location to be later announced to discuss the top ten of
the 32 characteristics for selecting a new Superintendent, and to discuss
significant issues of concern to the Members of Council. He stated that meetings
will also be held with various civic and community representatives.
Dr. Oglesby stated that the quality of education in a community determines
whether new business and industry will locate in the area; the quality of education
is often the keyto making many things happen in the community, and if the search
consultant does a thorough job of developing a profile, collecting information from
the community and evaluating candidates, there will be a good mix. He stressed
the importance of positive publicity and asked that any issue that might impact the
search process be provided to the search consultant.
Mayor Harris expressed appreciation to Dr. Oglesby for his presentation and
advised that Council Members look forward to their individual interviews.
There being no further business, the Chair declared the meeting of the
Roanoke City School Board adjourned at 11:15 a.m.
Following a brief recess, the Council meeting reconvened at 11:25 a.m., in
the same location.
Topics for discussion:
COUNCIL-INDUSTRIES: The Mayor advised that a Member of Council has
requested an update on the terms of the agreement with IMD Investment Group,
LLC, in connection with development of property located at the northwest corner of
Franklin Road and Wonju Street, S. W.; whereupon, the City Attorney advised that
he would research the matter to determine the appropriate State Code section for a
closed session.
DRUGS/SUBSTANCE ABUSE: Council Member Dowe advised that certain
individuals may attend the 2:00 p.m. Council meeting to address the proposed
methadone clinic on Hershberger Road, N. W.
397
The City Manager advised that a permit was issued for improvements to the
building and City staff will monitor progress.
LEGISLATION: Council Member Wishneffinquired if an item will be included
in the City's proposed 2005 Legislative Program with regard to advisory referenda;
whereupon, Vice-Mayor Fitzpatrick, Chair of the Legislative Committee, advised
that the Committee previously agreed to hold the matter in abeyance pending a
study by the City Attorney and the City's Legislative Liaison with regard to how the
issue is addressed by other localities throughout the Commonwealth of Virginia,
and the City Attorney advises that it will take approximately one year to complete
the process.
COUNCIL: There was discussion in regard to scheduling a Council planning
retreat; whereupon, it was the consensus of Council to schedule a retreat during
the first two weeks in January 2005; Dr. Bruce Blaylock, professor at Radford
University, will be requested to serve as facilitator; and the retreat will be held at a
location in the Roanoke area.
The Mayor advised that he will work with the City Manager and the City Clerk
on the appropriate arrangements.
At ].:50 p.m., the Mayor declared the Council meeting in recess until 2:00
p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke,
Virginia.
The regular meeting of Roanoke City Council reconvened at 2:00 p.m., on
Monday, November 1, 2004, in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, with
the following Council Members in attendance, Mayor Harris presiding.
PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, and Mayor
C. Nelson Harris ...................................................... 7.
ABSENT: None .................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
398
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation to Fred Wendorf,
Chapter President, Greater Blue Ridge Chapter, Juvenile Diabetes Center, declaring
the month of November 2004, as Juvenile Diabetes Awareness Month.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation to Michael
Ramsey, President, Roanoke Public Library Foundation, declaring Saturday,
November 6, 2004, as Valley Bookfest Day.
PROCLAMATIONS-RECYCLING: The Mayor presented a proclamation to
Frank W. Decker, III, Manager, Solid Waste Management, declaring Saturday,
November ].3, 2004, as America Recycles Day.
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 was
desired, the item would be removed from the Consent Agenda and considered
separately. He called specific attention one request for a Closed Session to discuss
the terms of a public contract.
CITY COUNCIL: An oral request of Council Member Brian J. Wishneff that
Council convene in Closed Meeting to discuss a public contract involving the
expenditure of public funds and to discuss the terms of such contract, pursuant to
Section 2.2-371! (A)(30), Code of Virginia, 1950, as amended, was before the
body.
Mr. Fitzpatrick moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Mr. Lea and
adopted, by the following vote:
399
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel
and Mayor Harris ..................................................... 7.
NAYS: None .................................................... 0.
BUDGET-CMERP-CITY INFORMATION SYSTEMS: A communication from the
City Manager requesting that Council schedule a public hearing for Monday,
November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, to consider an adjustment to the Technology Fund Budget, was before the
body.
The City Manager advised that each year, the year-end General Fund balance
and retained earnings for Internal Service Fund and Enterprise Funds are
appropriated for the funding of Capital Maintenance and Equipment Replacement
(CMERP) and other necessary items; a Council report recommending appropriation
of $1,937,240.00 was presented to Council on September 20, 2004, at which time
Council was advised that a subsequent report would contain recommendations
regarding the appropriation of funds for CMERP - Technology; and a report
recommending appropriation of funds is scheduled to be presented to Council on
Monday, November 15, 2004.
The City Manager further advised that pursuant to Section 15.2-2507, Code '
of Virginia (1950), as amended, a locality may amend its budget to adjust the
aggregate amount to be appropriated during the current fiscal year as shown in
the current adopted budget, however, any such amendment which exceeds one
per cent of the total expenditures shown in the adopted budget, or the sum of
$500,000.00, whichever is lesser, must be accomplished by publishing a notice of
a meeting and a public hearing.
The City Manager recommended that Council authorize the City Clerk to
advertise a public hearing on the above referenced adjustment to the Technology
Fund budget for Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Lea and adopted bythe following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
400
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-ARCHITECTURAL
REVIEW BOARD: A report of the City Clerk advising of the qualification of the
following persons was before Council:
James A. Allen as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending
August 31, 2008; and
Robert N. Richert as a member of the Architectural Review
Board, for a term ending October 1, 2008.
Mr. Fitzpatrick moved that the report of qualification be received and filed.
The motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING: The City Manager
submitted a communication advising that Roanoke's "C2C (Cradle to Cradle)
Home" is an international home design and construction competition which will be
conducted by the Council of Community Services (CCS) through Smith-Lewis
Architecture; the purpose of design competition is to design and to create
affordable and other housing that is energy efficient, based on sustainable and
reusable materials and relies on innovative manufacturing techniques and
technology; the City is agreeable to reimbursing CCS up to $100,000.00 for
planning activity and land acquisition costs related to design competition; the City
plans to use Community Development Block Grant (CDBG) funds which are
available in Account No. 035-G03-0320-5416; and funds are currently designated
401
for the "Multi-Unit Affordable Rental Housing Project" and will be replaced at a
later date.
It was further advised that in addition to C2C activities, the Council of
Community Services is interested in sponsoring a Valley-wide conference for all
human service providers in an effort to support developing regional approaches
toward human service needs in the Roanoke Valley; the City is agreeable to
reimbursing CCS up to $15,000.00 for costs related to the conference; and by
using Community Development Block Grant (CDBG) funds in Account No. 035-
G04-0421-5402, which are currently set aside for the "Daycare Services Initiative"
project to study existing daycare capacity and needs, the project will become the
"Human Services Initiative" instead.
It was explained that the City's current Consolidated Plan does not make
provision for the above referenced uses of CDBG funds; therefore, Council must
approve amendments to the Consolidated Plan as a prerequisite to entering into
agreements with the Council of Community Services for the "C2C Housing
Competition" and the Valley-wide conference.
It was noted that changes to the Consolidated Plan constitute substantial
amendments, which require a 30-day public comment period before achange can
be implemented; and the public comment period began with a newspaper
advertisement on September 12, 2004, and ended on October 13, 2004, with no
compelling objections having been received.
The City Manager recommended that Council:
Approve amendment of the City's Consolidated Plan to allow
use of CDBG funds to reimburse the Council of Community
Services for planning activities and land acquisition costs
associated with the "C2C (Cradle to Cradle) Housing
Competition and allow funds to be used for regional
cooperation in an effort to address human service needs in the
Valley;
Authorize the City Manager to execute and to submit any
necessary documents, to be approved as to form by the City
Attorney, to the United States Department of Housing and
Urban Development for such amendment;
402
Authorize execution of the 2004-2005 CDBG Subgrant
Agreement with the Council of Community Services; and
Authorize transfer of $100,000.00 from Account No. 035-G03-
0320-5416 (Multi-Unit Affordable Rental Housing) to an
account for the C2C Home program to be established in the
Grant Fund by the Director of Finance.
Mr. Fitzpatrick offered the following budget ordinance:
(#36889-110104) AN ORDINANCE to transfer Community Development
Block Grant funds for the Cradle to Cradle (C2C) Home Program, amending and
reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 177.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36889-110104. The
motion was seconded by Mr. Cutler.
Upon question, the City Manager advised that the "Cradle to Cradle" Housing
Design Competition will be held in the City of Roanoke in mid January, 2005;
judging and posting of entries will occur at the Art Museum; the construction of
award winning houses will take place in the summer of 2005, with the goal of
constructing 30 houses; approximately 12 properties have either been donated or
the owner has indicated a willingness for a house to be constructed on the
property; the City is looking at the possible purchase of certain delinquent
properties that could be used once the current structure is removed; and the
purpose of the competition is to construct housing that is both efficient and
ecologically sound or sustainable.
There being no further discussion, Ordinance No. 36889-110104 was
adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
4O3
Mr. Dowe offered the following resolution:
(#36890-110].04) A RESOLUTION authorizing the appropriate City officials
to execute an amendment to the Consolidated Plan for FY 2004-2005, providing
for the use of Community Development Block Grant funds to reimburse the Council
of Community Services (CCS) for its planning activity and land acquisition costs
related to Roanoke's "C2C (Cradle to Cradle) Housing Competition," and allowing
funds to be used to sponsor a Valley-wide conference for developing regional
approaches toward human service needs in the Valley, and authorizing the City
Manager to execute a 2004-2005 Community Development Block Grant Subgrant
Agreement with the Council of Community Services, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 177.)
Mr. Dowe moved the adoption of Resolution No. 36890-].].0].04. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
BRIDGES: The City Manager submitted acommunication advising that on
December 6, 1999, Council awarded a contract to Hayes, Seay, Mattern & Mattern,
Inc. (HSMM) for design of the Downtown North Parking Garage (Gainsboro) and the
First Street Bridge; three amendments to the contract have been executed for
additional design services; and the original contract was for $560,000.00, with.
three amendments totaling $].39,997.00.
It was further advised that Council received a briefing on September 7, 2004,
outlining four alternatives for the First Street Bridge; each option was discussed in
detail and the Council selected Alternative B which provided for complete
rehabilitation of the existing First Street Bridge structure as a pedestrian only
facility; the selected alternative requires dismantling the bridge, repairing or
replacing deteriorated parts and re-erecting the rehabilitated bridge; the structure
will be improved with some modern materials to improve capacity to carry
pedestrian loads without limitation, and the selected alternative is estimated at
$2.2 million.
404
It was noted that approximately $2.0 million in existing project funding is
available and staff anticipates that additional funding of approximately
$200,000.00 will be needed, however, given the nature of the proposed
rehabilitation project, costs will be better defined once detailed project plans and
specifications are completed, and additional funding will be requested at
completion of engineering design.
The City Manager advised that the selected alternative requires a new set of
construction plans and specifications to be developed since previous design work
completed for a replacement bridge cannot be used for the selected alternative;
throughout the different stages of the project, no design was prepared for a
rehabilitated existing structure; the existing bridge needs to have an inspection
performed with detailed evaluation of existing bridge parts which will determine
which parts need' to be rehabilitated or replaced; many of the parts have
experienced extensive corrosion over the years and will need to be replaced; and
incorporation of Dr. Martin Luther King, Jr. enhancements will be taken into
consideration as a part of the rehabilitation design.
It was explained that staff considered the option of hiring a new design
consultant since the proposed bridge rehabilitation plan requires an entirely new
design; however, after considering the time required for the professional services
selection process, likely increased design costs, and the benefit of the current
consultant's knowledge of the project, it is recommended that the current
consultant be retained.
It was noted that total project estimate of $2.2 million included the cost of
preparing new plans and specifications; City staff has negotiated a contract
amendment for the necessary design for repair and rehabilitation in the amount of
$166,570.00; approval by Council of the contract amendment is necessary
inasmuch as the amendment exceeds 25 per cent of the initial contract value; and
funding in the amount of $166,570.00 is available in Account No. 008-052-9574
First Street Pedestrian Bridge.
The City Manager recommended that she be authorized to execute
Amendment No. 4 for the above referenced services with Hayes, Seay, Mattern &
Mattern, Inc., in the amount of $166,570.00.
405
Mr. Fitzpatrick offered the following resolution:
(#3689:1-110104) A RESOLUTION authorizing the City Manager's issuance
and execution of Amendment No. 4 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for additional professional services for the Downtown
North Parking Garage (Gainsboro) and First Street Bridge Project.
(For full text of Resolution, see Resolution Book No. 69, Page 178.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36891-110104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of September 2004.
There being no questions or comments, without objection by Council, the
Mayor advised that the Financial Report for the month of September would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
CITY CODE-TAXES: The City Manager submitted a communication advising
that on September 7, 2004, Council was briefed by the Director of Real Estate
Valuation on proposed changes for participation in the City's program that allows
tax exemptions for the rehabilitation of residential, commercial, and industrial real
property; on October 18, 2004, Council was presented with a revised ordinance,
and following discussion, it was the consensus of Council to table action on the
ordinance until the regular meeting of Council on Monday, November :[, 2004; and
Council requested that the ordinance be revised to apply to commercial/industrial
and multi-use property only, with recommendations regarding the rehabilitation of
residential property to be re-evaluated and incorporated into the City's Housing
Strategic Plan that will be presented in early 2005.
406
The City Manager further advised that recommended changes to the
program now include:
Revisions to the restrictions on increased square footage on
commercial and industrial real property such that the total
square footage of the structure cannot be increased by more
than 100%. Currently, total square footage must not be
increased by more than 15 per cent;
Increasing the application fee when a change in use will result
in additional tax parcel numbers being created to $50.00 for
each additional tax map number created. Currently, the
application fee is $50.00 for each property;
For multi-use properties, requiring the residential portion to
meet the eligibility requirements for residential real property
and requiring the commercial or industrial portion to meet the
eligibility requirements for commercial or industrial real
property. Currently, any property, the use of which is partially
residential and partially commercial or industrial, is treated as
residential in its entirety for purposes of this division;
Extending the termination date of the current program from
July 1, 2005to July 1, 20].0. The proposal to extend the date
out five years will allow the City the opportunity to monitor and
to assess whether the program's goals continue to be met as a
result of changes.
The City Manager recommended that Council adopt an ordinance amending
and reordaining Division 5, Exemption of Certain Rehabilitated Real Property,
consisting of §§32-93 through 32-101, of Chapter 32, Taxation, Code of the City
of Roanoke (1979), as amended, by amending the eligibility requirements for tax
exemption based on the recommendations noted above.
Mr. Fitzpatrick moved that the matter be removed from the table. The
motion was seconded by Ms. McDaniel and unanimously adopted.
407
Mr. Dowe offered the following ordinance:
(#36892-110104) AN ORDINANCE amending and reordaining Division 5.
Exemption of Certain Rehabilitated Property, consisting of §§32-93 through 32-
101, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by
amending the eligibility requirements for tax exemption pursuant to this Division;
modifying the restrictions on square footage on commercial and industrial real
property; increasing the application fee when a change in use will result in
additional tax parcel numbers being created; making certain other changes to the
City's tax exemption program for rehabilitated real property; and dispensing with
the second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 179.)
Mr. Dowe moved the adoption of Ordinance No. 36892-1101104. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ................................................... O.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER RESOURCES-REFUSE COLLECTION: 'Mr. Cutler offered the following
resolution fixing the compensation that may be received by certain members of
the Boards of the Western Virginia Water Authority and the Roanoke Valley
Resource Authority at $250.00 per month, effective January 1, 2005:
(#36893-110104) A RESOLUTION fixing the compensation that may be
received by certain members of the Boards of the Western Virginia Water Authority
and the Roanoke Valley Resource Authority; and establishing an effective date.
(For full text of Resolution, see Resolution Book No. 69, Page 183.)
Mr. Cutler moved the adoption of Resolution No. 36893-110104. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None ..................................................... 0.
408
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
DRUGS/SUBSTANCE ABUSE: Council Member Lea requested an opinion from
the City Attorney with regard to actions, if any, that the City of Roanoke may take
with regard to the proposed methadone clinic to be located at the corner of Cove
and Hershberger Roads, N. W.
The City Attorney responded that approximately one year ago, the Council
and the City administration were advised, after the fact, that a business license had
been issued to a business that proposed to open a methadone clinic on
Hershberger Road; in applying for the business license, the company obtained
zoning approval and certification from the City; a business license was issued and
the business proceeded to apply for and obtained building permits through the
City and invested several hundred thousand dollars in building renovations,
following which the company obtained a Certificate of Occupancy from the City to
occupy the building. He stated that when the matter was brought to the attention
of the City administration and City Council, it was too late, legally, to address the
issue inasmuch as all necessary permits had been issued.
The City Attorney advised that in working with the City Planning Commission
and City Planning staff, the City's Zoning Ordinance was amended in December
2003 to provide that in the future any clinic of this type would be required to
obtain approval by the City's Board of Zoning Appeals and to obtain a special
exception permit, which would necessitate a public hearing before the Board of
Zoning Appeals and an opportunity for residents and citizens to be heard by the
Board of Zoning Appeals. At that time, he stated that Council also requested,
through its Legislative Program to the General Assembly, that legislation be
enacted to institute a statute that would require the State to notify localities when
an application for a facility of this type is filed, and a statute was passed by the
General Assembly which requires that clinics of this type must be located a certain
number of feet from schools and day care centers, etc. He explained that the
General Assembly cannot enact laws that are retroactive, but in the future, should
a similar clinic apply, it will be required to meet spacing or separation
requirements as set forth in the State Code, the City will be notified in advance and
provided with an opportunity for input on the application, and to address
specifically whether the proposed location is in conformance with the City's
Comprehensive Plan. He stated that he was not aware of any action that the City
of Roanoke can take to prevent the methadone clinic from opening at the
Hershberger Road location; and efforts have been made to identify other suitable
locations for the facility. In summary, he stated that he was not aware ofanylegal
challenge that could be mounted by the City of Roanoke at this time.
409
Council Member Dowe advised that the City of Roanoke has done everything
within its power to address all legal issues. He stated that it would be hoped that
the operator of the methadone clinic, in the spirit of a corporate partner who is
about to locate in the City of Roanoke, would realize the magnitude of the
situation and the type of atmosphere that has been created and would be willing to
work with the community to identify a more appropriate location.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
CITY MARKET: Philip Full, owner of NewYorkSubs, located in the City Market
Building, inquired as to why after 20 years, the City of Roanoke has decided to
change its policy to allow national chain restaurants to locate in the City Market
Building. He stated that when the City and F & W Management Corporation
established the concept for the City Market Building, the agreement was to invitea
blend of local business men and women with unique concepts that would
compliment each other, not compete; whether or not a non compete clause is a
part of the agreement, there has always been a "gentleman's agreement" to not
infringe on other concepts; and with this policy, the City Market area has grown
over the past 20 years. He called attention to several businesses such as Corn
Beef and Company, Fast Freddy's, Confetti's, etc., that have moved on to larger
and more successful operations; the Market area has a long history of serving as
the hub of downtoyvn Roanoke and the City Market Building and the Farmer's
Market have been known as a place where local persons can buy, sell and trade
their wares and produce. He stated that this is not the first time in 20 years that a
competing national chain restaurant has tried to locate in the City Market Building,
but with the recent management change, it is the first time that the idea has been
allowed to be considered. He added that New York Subs has operated out of the
City Market Building since the food court concept was implemented, and in those
20 years they have been surrounded by competition; and national chain food can
be acquired anywhere in America, but few places are left in the United States that
allow for the local flair that can be found in Roanoke's City Market which adds to
making downtown Roanoke a destination spot. He stated that the national chain
restaurant seeking to locate in the City Market Building offers menu items that
duplicate many of the offerings of New York Subs; however, his position would be
the same if the restaurant chain offered pizza, hamburgers, or Mexican cuisine, in
support of the owners of those businesses who already have concepts in place in
the City Market Building. He added that the presence of national restaurant chains
on the Market, along with their golden arches and familiar icons, will erase the
local character and flavor that has uniquely identified the Roanoke City Market for
many years.
410
Anita Wilson, President, City Market Building Tenant's Association, and Co-
owner of two businesses in the City Market Building, spoke on behalf of
established businesses in the City Market Building. She advised that it is the
collective opinion of Market Building businesses that they have been failed by the
City of Roanoke by allowing an out of town based rental company to operate the
Market Building. She addressed issues of concern with regard to lease uniformity,
clarification of leases, compete and non-compete clauses in some leases,
continued improvements to the Market Building, and leasing of empty place,
including the entire third floor of the building. She stated that business is the key
to the success of downtown Roanoke and asked that business interests in the City
Market Building be protected by the City of Roanoke.
Kelly Crovo, owner of the Red Coyote located in the City Market Building,
called attention to the deterioration of the City Market Building and raised
questions as to why the City has allowed the building to deteriorate to the point
that millions of dollars will be required to bring the building up to acceptable
standards. He called attention to vacant buildings in the downtown Roanoke area
and advised that the City's Human Services department has been relocated outside
of downtown Roanoke which has affected business in the City Market Building.
Therefore, he inquired if the City has developed proposed plans to revitalize
downtown Roanoke.
Dean Crump, representing the owner of Nuts and Sweet Things located in
the City Market Building, expressed concern that a lease which has worked well for
20 years has now been changed without any explanation by the new management
firm. He spoke in support of the remarks of previous speakers.
The Mayor advised that Council will be briefed on the City Market/City
Market Building on Monday, November 15, 2004, at 2:00 p.m., and invited all
interested persons to attend the meeting.
Council Member Wishneff suggested that the briefing include information on
such issues as national chain restaurants, future management of the City Market
Building, the structuring of leases, and the impact of current construction on City
Market Building business.
411
DRUGS/SUBSTANCEABUSE: Ms. Judy Ferguson, 1713 Coveland Drive, N. W.,
spoke against the proposed methadone clinic on Hershberger Road, N.W. Even
though the City of Roanoke has stated that there is nothing, legally, that can be
done to prevent the methadone clinic from opening, she asked that the City
intervene on behalf of the neighborhood. She stated that it has been reported that
the proposed methadone clinic has spent thousands of dollars on building
renovation, but it should also be taken into consideration that residents of the area
have avested interest in the safety of their children and in the value of their homes
and churches.
Ms. Trina Blaney, 1703 Coveland Drive, N. W., advised that the use of
cocaine, marijuana and alcohol currently represent problems in the community,
therefore, a methadone clinic would compound the issue. She asked that Council
take into consideration the concerns of residents of the area and the community as
a whole, and locate the methadone clinic at a site that is not in close proximity to
schools, homes and churches. She expressed a further concern that in order for
an addict to free herself or himself of drugs, the individual should not be cross
addicted with another chemical; instead, it is necessary to cleanse the body rather
than to administera drug that will only take away the craving; and instead of cross
addicting, addicts need counseling and a form of alternative treatment. She
advised that it has been stated that some persons will travel as long as two hours
to reach the methadone clinic on Hershberger Road, therefore, the clinic should be
located in an area .where most of the persons receiving the treatment reside and
not in northwest Roanoke City.
The Reverend Brian Kingery, 7956 Wood Haven Road, N. W., Pastor, Roanoke
Valley Dream Center, 1026 Lafayette Boulevard, N. W., expressed sympathy for
those persons who struggle with drug addiction, for which there are few answers
in the City of Roanoke. He stated that many citizens are confused and concerned
about what happens in and around a methadone clinic, but if Roanoke is truly
caring and compassionate as a City, it is the City of Roanoke's responsibility to be
a part of the solution. Therefore, he stated that the question is, if Roanoke
chooses not to ~llowa methadone clinic, what does the City plan to do si.nce drugs
and drug addiction are problems in the City of Roanoke and it is time for citizens
to stop ignoring the problem. In closing, he challenged the citizens of Roanoke to
not become overly focused on what is perceived to be harmful to the City, but
instead, embrace any program that will create success by helping people in the
community who are struggling with drug addiction. He invited the methadone
clinic to his church at 1026 Lafayette, N. W., where they will receive both physical
and spiritual treatment.
412
Ms. Mary Paxton, 2206 Garstland Drive, N.W., expressed concern due to the
number of churches, schools and day care centers in the area of the proposed
methadone clinic on Hershberger Road and for the safety of citizens, many of
whom are elderly. She stated that residents of the area understand that those
persons who will use the services offered by the methadone clinic need help and
they are not opposed to a methadone clinic, but they do not want the facility to be
located in their neighborhood when there are other parts of the City where the
clinic could be located that will not infringe on the individual rights of citizens,
churches and schools.
Mr. Robert. Gravely, 729 Loudon Avenue, N. W., criticized the State for
allowing a methadone clinic to be located in any Iocalitywithout first informing the
appropriate local officials.
The City Manager responded to the above remarks and advised that a
business license and a zoning verification were requested for the proposed
methadone clinic in October 2003 and Council acted on a zoning ordinance
amendment on November 14, 2003, therefore, the business license was issUed
approximately 15 days prior to the Council's action. Although it was too late to
affect the methadone clinic in question, she stated that Council enacted the
appropriate measure to ensure that a similar situation will not occur in the future;
and following action by the General Assembly last year, Zoning staff, City Planning
staff and others visited a number of locations throughout the City to identify an
alternate location for the facility; however, State legislation requires that any clinic
will be located more than one half mile from a day care center and/or a school.
She added that if a suitable location is found, the requirement exists under the
City's current zoning ordinance for a special use permit to be issued by the Board .
of Zoning Appeals; and the City continues to receive telephone calls from
interested persons who have identified proposed locations, which are reviewed to
determine if the locations meet the requirements, and zoning and distance
requirements make it difficult to locate suitable sites within the City. She stated
that it is her understanding, in consultation with the City Attorney, that the City
has done everything it can under the circumstances; she agreed with a previous
speaker that it is unfathomable that the State would allow an activity of this nature
to locate in a community without advance notice to local officials; and at the City's
413
urging, the State enacted legislation that any future clinic of this nature would
require a minimum of 30 days notice to the locality. She advised that treatment
should be available to those persons in need in the Roanoke community, the City
of Roanoke considers the needs of its citizens, and shares the burden' of those
persons in need who come to Roanoke from other communities. She added that
she was personally disturbed that the proposed methadone clinic and its location
has created unrest in the community because the issue does not have anything to
do with the treatment of individuals, but the location; therefore, the City of
Roanoke .will continue to work on an alternate location and if citizens wish to
suggest other locations as potential sites, the City will review their proposals.
Council Member Lea made the observation that a United States Attorney
previously spoke in opposition to the location of a methadone clinic in Roanoke
County; however, he was not aware that the individual had spoken to the issue in
the City of Roanoke. He advised that residents of the Hershberger Road area have
expressed frustration because the United States Attorney also represents the City
of Roanoke.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
advised that November 11, Veterans Day, is observed as a day to honor those
persons who gave their life for the freedom of the United States of America. He
stated that many years ago during the month of November, Victory Stadium was
dedicated to the memory of those persons who sacrificed their lives for their
country; therefore, Victory Stadium should be renovated, promoted and used as a
City facility.
CITY MANAGER COMMENTS: NONE.
At 3:40 p.m., the Mayor declared the Council meeting in recess for one
Closed Session.
At 4:00 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Fitzpatrick
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 was seconded by Mr. Dowe and adopted by the following vote:
414
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ..................................................... 7.
NAYS: None .................................................... 0.
There being no further business, the Mayor declared the meeting adjourned
at 4:02 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853 2444
FAX: (540) 853-1145
December 20, 2004
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended; and to interview applicants for four vacancies on the
City Planning Commission.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
December 28, 2004
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #110-314-230
S. James Sikkema, Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Sikkema:
Your communication advising of the nomination of Dana B. Lee as an at-large
member of the Blue Ridge Behavioral Heathcare Board of Directors, for a term
ending December 31, 2007, was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 20, 2004.
On motion, duly seconded and unanimously adopted, Council ratified the
appointment of Ms. Lee for a term ending December 31, 2007, and expressed
appreciation for her willingness to serve as a member of the Board of Directors.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc:
Dana B. Lee, 4139 Appleton Avenue, N. W., Roanoke, Virginia 24017-
2107
James E. Taliaferro, III, Assistant City Manager, City of Salem,
P. O. Box 869, Salem, Virginia 24153
Diane S. Childers, Clerk, Roanoke County Board of Supervisors,
P. O. Box 29800, Roanoke, Virginia 24018
Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street
Vinton, Virginia 24179
Gerald A. Burgess, County Administrator, Botetourt County,
1 West Main Street, Box 1, Fincastle, Virginia 24090
Larry V. Moore, Sr., County Administrator, Craig County, Corner of Court
Street and Main Street, New Castle, Virginia 24127
L:\CLERK~DATA\CKEW1 ~oath and leaving service~Blue Ridge Behavioral Healthcare~Sikkema - Dana B. Lee.doc
Blue Ridge
Behavioral
Healthcare
Rita J. Gliniecki Chairman
John M. Hudgins, Jr. Vice Chairman
Robert Williams, Jr. Treasurer
Carole Beat Geiger, Ph.D. Secretary
Executive Director
S. James Sikkema, LCSW
December 10, 2004
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Chumh Avenue, SW
Roanoke, VA 24011
Dear Ms. Burnham:
At its regularly scheduled meeting on December 2, 2004, the Board of Directors of
Blue Ridge Behavioral Healthcare voted unanimously to nominate Dana Barnes Lee
to fill the board member at-large vacancy that will occur as of December 31. This
letter is our request that Roanoke City Council appoint our nominee by ratification.
Her first three-year term should run from January 2005 through December 2007.
Mrs. Lee, a resident of the City of Roanoke, has recently retired after 31 years as a
Licensing Specialist with the State Department of Social Services. Currently she is
Superintendent of the Chumh School at the Loudon Avenue Christian Church. Mrs.
Lee exhibits a passion for children, and is a teacher at heart. She holds a B.S.
degree in Psychology, and is a member of the Alpha Kappa Alpha Sorority.
Because our by-laws require at-large appointments to be ratified by all member
jurisdictions of the CSB, this request is being sent simultaneously to our other four
local governing bodies for their ratification as well.
C:
The Honorable C. Nelson Harris, Mayor
Mary F. Parker, City Clerk
Dana Barnes Lee
4139 Appleton Avenue NW
Roanoke, VA 24017-2107
Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
DIANE S. CHILDERS
CLERK TO THE BOARD
5204 BERNARD DRIVE
ROANOKE, VA 24018-0798
(540) 772-2005
FAX (540) 772-2193
Email: dchilders@roanokecountyva.gov
BRENDAJ. HOLTON, CMC
DEPUTY CLERK
Emaihbholton@roanokecountwa,gov
December 23, 2004
Mr. S. James Sikkema
Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, SW
Roanoke, VA 24016-4001
Dear Mr. Sikkema:
This will inform you that at their meeting on Tuesday, December 21, 2004, the
Roanoke County Board of Supervisors voted unanimously to ratify the appointment of
Dana Barnes Lee as an at-large representative on the Blue Ridge Behavioral Healthcare
Board of Directors. Her three-year term will expire December 31,2007.
On behalf of the supervisors and the citizens of Roanoke county, please convey to
.Ms. Lee our sincere thanks and appreciation for his willingness to accept this appointment.
Sincerely,
Diane S. Childers, Clerk
Roanoke County Board of Supervisors
CC:
Mary F. Parker, Clerk, Roanoke City Council
James E. Taliaferro, III, Assistant City Manager, City of Salem
Darleen Bailey, Clerk, Town of Vinton
Gerald A. Burgess, County Administrator, Botetourt County
Larry V. Moore, Sr., County Administrator, Craig County
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, ~firginia 24011 - 1536
TeLephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 22, 2004
File #132-230-311
Mark C. McConnel, Chair
Roanoke Arts Commission
532 Linden Street, S. E.
Roanoke, Virginia 24014
Darlene L. Burcham
City Manager
Dear Ms. Burcham and Mr. McConneh
I am enclosing copy of Resolution No. 36909-122004 adopting a policy relative to
the City of Roanoke procuring art from the City Art Show and the role of the
Roanoke Arts Commission in the selection of such art work.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,/t~.~ ..~. ~~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Mark C. McConnel
Darlene L. Burcham
December 22, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Judith M. St. Clair, Secretary, Roanoke Arts Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA,
The 20th day of December, 2004.
No. 36909-122004.
A RESOLUTION adopting a policy relative to the City of Roanoke procuring art from the
City Art Show, and the Roanoke Arts Commission's role in the selection of such art work.
WHEREAS, art, both visual and performing, is a vital component of the City's health and
vibrancy, and adoption of this policy will add to Council's support of the arts in the City and send a
positive message about its appreciation of local art in particular; and
WHEREAS, by letter dated December 20, 2004, the Mayor, has recommended that CounCil
adopt a policy with regard to the City's procuring art from the City Art Show.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The Council of the City of Roanoke hereby adopts the following policy relative to the
City's acquisition and of art from the City Art Show:
(a) The City of Roanoke will annually acquire the winner of the "Best in
Show" award in the City Art Show to be included in the City's public art collection;
(b) If the "Best in Show" is not for sale or deemed unsuitable as public art
by the Roanoke Arts Commission, the Roanoke Arts Commission shall select
another piece from the show for acquisition;
(c) Funds for the purchase shall come from the Percent for the Arts
Program; and
(d) The Roanoke Arts Commission shall advise the City as to the most
appropriate placement for the art.
2. The City Clerk is directed to forward a copy of this resolution to Mark C. McConnel,
Chair o£the Roanoke Arts Commission.
ATTEST:/,..~ ~,,.? 77/7 City Clerk.
K :~IEASURESkR-ARTACQUI SI TI ONPOL1 C Y. I .DOC
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853 2444
FAX: (54(I) 853 1145
December 20, 2004
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Ms. McDaniel and Gentlemen:
I respectfully request Council's concurrence on a matter I have been pursuing recently,
namely the adoption of a policy relative to the City of Roanoke procuring art from the City
Art Show. The elements of the policy are as follows:
(1)
The City of Roanoke will annually acquire the winner of the "Best in Show"
award in the City Art Show to be included in the City's public art collection.
(2)
If the "Best in Show" is not for sale or deemed unsuitable as public art by the
Roanoke Arts Commission, the Roanoke Arts Commission shall select
another piece from the show for acquisition.
(3) Funds for the purchase shall come from the Percent for the Arts program.
(4)
The Roanoke Arts Commission shall advise the City as to the most
appropriate placement for the art.
The appropriate measure is attached that will implement this practice, and I trust you will
give the request your positive consideration. I have also included a letter from Mark
McConnel, Chair of the Roanoke Arts Commission, stating the Commission's support of
the proposal.
The Honorable Vice-Mayor and Members
of the Roanoke City Council
December 20, 2004
Page 2
I believe art, both visual and performing, is a vital component of our City's health and
vibrancy. This action will add to Council's support of the arts in our City and send a
positive message about our appreciation for local art in particular. If you should have any
questions, please do not hesitate to contact me. I have spoken with the City Manager, and
she is supportive of this action as well. I thank you for your consideration of my request
and consider it a privilege to be in service with you.
CNH:snh
Attachments
Sincerely,
C. Nelson Harris
Mayor
HARTERE8 18
Office of Economic Devetopment
17 November 2004
The Honorable Mayor of the City of Roanoke
GlO Office of the City Clerk
215 Church Avenue
Roanoke, Virginia 24011
RE: Proposed policy on City Art Show purchases
Dear Mr. Mayor:
The commission is in receipt of your letter of November 5, 2004 relating to the City of Roanoke
pumhasing art annually from the City Art Show. The letter has been distributed to, and reviewed by,
the members of the Arts Commission. The distribution to the Commission members occurred via
email and fax rather than wait for our next meeting.
We are very pleased that the city is considering re-instituting the policy of purchasing the Best-in-
Show (or other appropriate work) and the membem of the Commission unanimously support your
recommendation to City Council. These purchases are an entirely appropriate use of percent-for-Arts
allocations provided they are installed in areas readily accessible to the public. In administering the
purchase and installation of the City Art Show works, the Roanoke Arts Commission will assure that
they are installed in public locations. The annual purchase and installation of these works of art will
be included in the 20 year master plan for the arts in Roanoke.
The Roanoke Arts Commission strongly recommends that City Council adopt a policy of purchasing
art from the City Art Show and will dedicate its time and resources to assist the city in the
administration of this policy.
Mark C. McConnel, AIA
Chairman, Roanoke Arts Commission
Cc: Stephanie Moon, Deputy City Clerk
Darlene Burcham, City Manager
Room 357 Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011 {540} 853-2715 Fax: ($40} 853-1213
C. NELSON HARRIS
M~yor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
November 5, 2004
Mark C. McConnel, Chair
Roanoke Arts Commission
532 Linden Streeet, S. E.
Roanoke, Virginia 24014
Dear Chairman McConneh
It is my intention to put forward a policy for Council's adoption relative to procuring
art from the City Art Show for the City of Roanoke. The elements of the policy would
be as follows:
1) The City of Roanoke will annually acquire the winner of the "Best in Show"
award in the City Art Show to be included in the city's collection of public art.
2) If the "Best in Show" is not for sale or deemed unsuitable as public art by the
Roanoke Arts Commission, the Roanoke Arts Commission shall select
another piece of art from the show for acquisition.
3) Funds for the purchase shall come from the Percent for the Arts program.
4) The Roanoke Arts Commission shall advise the city as to the most
appropriate placement for the art.
I am pleased for you to know that the city has already made plans to acquire this year's
"Best in Show" winner, and I would respectfully request the Commission advising the
City Manager's office as soon as possible as to the most appropriate placement for the
piece, it is being temporarily displayed in the Mayor's office.
I am asking that the Roanoke Arts Commission concur in the above policy, making any
suggestions deemed appropriate, so that I might attach a letter of support from the
Commission to my Council communication. I hope to 0resent this policy in the very
near future, so this is time sensitive.
I wish to take this opportunity to thank the Commission for its ongoing work to
promote the arts in our community, and as mayor I truly want to uplift "all things art"
that we have in Roanoke. I thank you for your consideration of my request and look
forward to hearing favorably from you.
Sincerely,
C. Nelson Harris
Mayor
CNH:jj
CITY.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
December 22, 2004
Sheila N. Hartman
Assistant City Clerk
File #60-188
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36910-122004 appropriating funds in
connection with E-91! Wireless Board funding, and amending and reordaining
certain sections of the 2004-2005 General and Department of Technology Funds
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
Jesse A. Hall
December 2]., 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
John A. Elie, Director of Technology
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36910-122004.
AN ORDINANCE to appropriate funds for the E-911 State Wireless Board Funding,
amending and reordaining certain sections of the 2004-2005 General and Department of
Technology Funds 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 2004-2005 General and Department of Technology Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Training and Development
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Hospitalization Insurance
Dental Insurance
Life Insurance
Disability Insurance
Transfer to Department of Technology
Revenues
E-911 Wireless
Department of TechnoloRy Fupa
Appropriations
Appropriated From State Grant Funds
Revenues
Transfer From General Fund
001-430-4130-2044 12,500
001-430-4131-1002 44,754
001-430-4131-1105 4,372
001-430-4131-1116 975
001-430-4131-1120 3,498
001-430-4131-1125 4,950
001-430-4131-1126 332
001-430-4131-1130 439
001-430-4131-1131 125
001-250-9310-9513 68,203
001-110-1234-0654 140,148
013-430-9870-9007
013-110-1234-1037
68,203
68,203
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.rom~okegov.com
December 20, 2004
Honorable C. Nelson Harris, Mayor
Honorable Bevedy 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
Subject: Authorization to accept Wireless
Board funding for E-911
Dear Mayor Harris and Members of City Council:
Background
Prior to 2001, all wireless calls for E911 service were processed by the Virginia State
Police. Beginning in 2001, all 911 wireless calls became the responsibility of local
E911 Centers. To support the transfer of the wireless call volumes to the localities, the
State established an annual funding allocation based on wireless call volumes for local
staff, equipment and training needs. This funding program is administered by the
Virginia E911 Wireless Services Board.
in FY 2001-02, the City of Roanoke E911 Center processed 13,000 wireless phone
calls. In FY 2003-04, a total of 48,486 wireless calls were processed, which
represented 17% of total call volume in the E911 Center.
Based on this wireless call volume level, the Wireless Services Board is providing an
additional $140,148.42 over and above last year's allocation for E911 Center staff,
training and equipment needs. This funding will be available in future years and should
increase as wireless 911 call volumes continue to increase. There are no requirements
for matching funds.
This report requests that Council appropriate these additional funds for E-911 Center
training, hardware and the hiring of two (2) additional Public Safety Telecommunicators
and one (1) additional Communications Supervisor.
Mayor Harris and Members of City Council
December 20, 2004
Page 2
Recommended Action(s):
Accept the funding from the Virginia State Wireless E911 Services Board and increase
the wireless revenue estimate by $140,148. Appropriate $12,500 to E911 Wireless
account 001-430-4130-2044 for E911 training. Appropriate $68,203 into the E911
upgrades for Hardware/Software account 013-430-9870-9007 for upgrades to software
and hardware.
City Council authorize the addition of two (2) Public Safety Telecommunicators and one
(1) Communications Supervisor in the Department of Technology to provide support for
the increase in E911 Center wireless call volumes. Appropriate $59,445 to the E-911
accounts listed below:
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Hospitalization Insurance
Dental Insurance
Life Insurance
Disability Insurance
Total
Object Amount
1002 $ 44,754
1105 4,372
1116 975
1120 3,498
1125 4,950
1126 332
1130 439
1131 125
$ 59,445
The funding and associated expenditure amounts will be adjusted during the annual
budgeting process to reflect a full year of activity for each fiscal year thereafter.
Resjgectfully su!~mitted,
-Darlene L. B~rc§am
City ManagerTM
DLB:je
C.'
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead Jr., Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
John Elie, Director of Technology
Ron Wade, Superintendent, E911 Center
CM04-0198
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
December 22, 2004
File #60-236-246
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copyofOrdinance No. 36911-122004 appropriating $198,780.00 for
the FY05 Workforce Investment Act Grant, and amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,/~j~,,l~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
December 21, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36911-122004.
AN ORDINANCE to appropriate funding for the FY05 Workforce Investment Act
Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Wages 035-633-2310-8050 $13,682
Telephone 035-633-2310-8090 199
Leases 035-633-2310-8058 1,118
Travel 035-633-2310-8052 499
Supplies 035-633-2310-8055 333
Marketing 035-633-2310-8053 609
Contractual Services 035-633-2310-8057 2,772
Equipment 035-633-2310-8059 222
Insurance 035-633-2310-8056 388
Fees For Professional Services 035-633-2310-2010 56
Wages 035-633-2311-8050 4,642
Telephone 035-633-2311-8090 66
Leases 035-633-2311-8058 372
Travel 035-633-2311-8052 165
Supplies 035-633-2311-8055 111
Marketing 035-633-2311-8053 203
Contractual Services 035-633-2311-8057 92,590
Equipment 035-633-2311-8059 73
Insurance 035-633-2311-8056 129
Fees For Professional Services 035-633-2311-2010 19
Wages 035-633-2312-8050 3,499
Telephone 035-633-2312-8090 49
Leases 035-633-2312-8058 279
Travel 035-633-2312-8052 125
Supplies 035-633-2312-8055 83
Marketing 035-633-2312-8053 152
Contractual Services 035-633-2312-8057 76,179
Equipment 035-633-2312-8059 55
Insurance 035-633-2312-8056 97
Fees For Professional Services
Revenues
Workforce Investment Act Grant FY05
035-633-2312-2010 14
035-633~2311-2311 198,780
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:~,~ ~,~1, M~
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
December 22, 2004
File #60-236-246
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36912-122004 accepting Western Virginia
Workforce Development Board Workforce Investment Act funding in the amount of
$198,780.00 and authorizing the City Manager to execute the requisite documents
necessary to accept such funding.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 21, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36912-122004.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act funding of $198,780 and authorizing the City Manager to execute
the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment
Act funding of $198,780 is hereby ACCEPTED.
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite documents necessary to accept funding, and any and all understandings,
assurances and documents relating thereto, in such form as is approved by the City Attorney,
as more particularly set out in the City Manager's letter dated December 20, 2004, to City
Council.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December20,2004
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Funding for Western Virginia
Workforce Development Board Work-
Force Investment Act (WIA) Programs
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce
Development Board to administer WlA programs. The Western Virginia
Workforce Development Board administers the federally funded Workforce
Investment Act (WlA) for Area 3, which encompasses the counties of
Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of
Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment
through no fault of their own;
· Economically disadvantaged individuals as determined by
household income guidelines defined by the U.S. Department of
Labor;
· Youth who are economically disadvantaged, or who have other
barriers to becoming successfully employed adults; and
· Businesses in need of employment and job training services.
Mayor Harris and Members of City Council
December 20, 2004
Page 2
The Western Virginia Workforce Development Board has received a second
Notice of Obligation (NO0) from the Virginia Employment Commission
allocating an additional $109,300 for the Adult Program, which serves
economically disadvantaged persons; and $89,480 for the Dislocated Worker
Program, which serves persons laid off from employment through no fault of
their own for Program Year 2004 (July 1,2004 -June 30, 2006). Ten percent
of the aforementioned totals are to be allocated to the administrative
function of the Western Virginia Workforce Development Board.
Considerations:
· Program Operations - Existing activities will continue and
planned programs will be implemented.
· Funding - Funds are available from the Grantor agency and other
sources as indicated, at no additional cost to the City.
Recommendations:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $198,780 for Program Year 2004. Appropriate the
funding to accounts as listed on Attachment A. Increase the related revenue
estimates in the Grant Fund.
DLB:tm
c:
Darlene L. Burcham
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Jane Conlin, Director of Human Services
#CM04-00197
Western Virginia Workforce Development Board 2004-2006 2nd Budget Allocation
Org. Fund/Agency/
Name OrR.
Admininstrative 035-633-2310
Total
Object Account
Code Name
8050 Wages
8090 Telephone
8058 Leases
8052 Travel
8055 Supplies
8053 Marketing
8057 Contractual Services
8059 Equipment
8056 Insurance
2010 Fees For Professional Services
Budgeted
Dollars
$ 13,682
$ 199
$ 1,118
$ 499
$ 333
$ 609
$ 2,772
$ 222
$ 388
$ 56
$ 19,878
Adult 035-633-2311
Total
8050 Wages $ 4,642
8090 Telephone $ 66
8058 Leases $ 372
8052 Travel $ 165
8055 Supplies $ 111
8053 Marketing $ 203
8057 Contractual Services $ 92,590
8059 Equipment $ 73
8056 Insurance $ 129
2010 Fees For Professional Services $ 19
$ 98,370
Dislocated Worker
Total
035-633-2312
8050 Wages $ 3,499
8090 Telephone $ 49
8058 Leases $ 279
8052 Travel $ 125
8055 Supplies $ 83
8053 Marketing $ 152
8057 Contractual Services $ 76,179
8059 Equipment $ 55
8056 Insurance $ 97
2010 Fees For Professional Services $ 14
$ 80,532
Grand Total of 2nd 2004-2006 Budget Allocation $ 198,780
CITY OF R O/tNOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December22,2004
File #60-72-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
lam attaching copy of Ordinance No. 369:[3-:[22004 appropriating $592,107.00 in
connection with the Employment Advancement for TANF Participants Grant, and
amending and reordaining certain sections of the 2004-2005 Grant Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
December 21, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36913-122004.
AN ORDINANCE to appropriate funding for the Employment Advancement for
TANF Participants Grant, amending and reordaining certain sections of the 2004-2005
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 2004-2005 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees For Professional Services 035-630-8856-2010
Revenues
Employment Advancement for TANF Participants 035-630-8856-8856
$ 592,107
592,107
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF R ANOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
December 28, 2004
Sheila N. Hartman
Assistant City Clerk
File #60-72-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 369:[4-122004 authorizing acceptance of a
grant award under the Temporary Assistance to Needy Families (TANF) Project from
the Virginia Department of Social Services, in the amount of $592,107.00, for the
purpose of maintaining and improving existing services to eligible TANF recipients
which will enable such recipients to obtain employment or, where appropriate, an
alternate disability income; authorizing the City of Roanoke to serve as fiscal agent
for distribution of such funds to the Southwest Virginia Regional Employment
Coalition; and authorizing execution of any and all necessary documents to comply
with terms and conditions of the grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
MFP:ew
Sincerely,
Mary F. Park(
City Clerk
Attachment
Darlene L Burcham
December 28, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36914-122004.
A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance
to Needy Families (TANF) Project from the Virginia Department of Social Services, for the purpose
of maintaining and improving existing services to eligible TANF recipients which will enable them
to obtain employment or, where appropriate, an alternate disability income, authorizing the City of
Roanoke to serve as fiscal agent for the distribution of such funds to the Southwest Virginia
Regional Employment Coalition, and authorizing execution of any and all necessary documents to
comply with the terms and conditions of the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Temporary Assistance for Needy Families (TANF) Project
from the Virginia Department of Social Services, for the purpose of maintaining and improving
existing services to eligible TANF recipients which will enable them to obtain employment or, where
appropriate, an alternate disability income, in the amount of $592,107.00, as set forth in the City
Manager's letter to Council dated December 20, 2004, is hereby ACCEPTED.
2. The City of Roanoke shall be authorized to be the fiscal agent for this grant and shall
be responsible for distributing the grant proceeds to the Southwest Virginia Regional Employment
Coalition on behalf of City of Roanoke, Roanoke County, Franklin County, Craig County and
Botetourt County.
3. The City Manager is hereby authorized to execute any and all requisite documents
pertaining to the City's acceptance of these funds and to furnish such additional information as may
be required in connection with the City's acceptance of these grant funds. All documents shall be
approved by the City Attorney.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.ro~nokegov.com
December 20, 2004
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Southwest Virginia Regional
Employment Coalition
Background:
The City of Roanoke Department of Social Services, in collaboration with the
local departments of social services in Roanoke County, Franklin County, Craig
County and Botetourt County, along with Total Action Against Poverty, Blue
Ridge Behavioral Healthcare, Goodwill Industries of the Valleys, and Support to
Eliminate Poverty, have been awarded an Employment Advancement for TANF
Participants grant from the Virginia Department of Social Services (VDSS) in the
amount of $615,000. The agencies named have formed the Southwest Virginia
Regional Employment Coalition. The grant is to assist citizens of our localities
who are receiving Temporary Assistance to Needy Families (TANF) benefits to
obtain employment or, where appropriate, an alternative disability income. The
grant shall be in effect from December 1,2004 through May 31, 2006. The
City of Roanoke shall be the primary fiscal agent for this grant, and shall be
responsible for distributing the grant proceeds to the provider agencies for
services provided to the local DSS agencies, except that $22,893 of the total
grant shall be accessed by Roanoke County directly from the VDSS.
Considerations:
The above grant funding is required to maintain and improve existing services
to the TANF population that will enable them to obtain employment or, where
appropriate, an alternative disability income.
Honorable Mayor and Members of City Council
December 20, 2004
Page 2
Recommended Action:
Authorize the City Manager to execute all appropriate documents related to
acceptance of the grant. All documents shall be upon form approved by the
City Attorney.
Appropriate funding for Employment Advancement for TANF Participants
totaling $592,107 and establish a revenue estimate of $592,107 in an account
to be established by the Director of Finance in the Grant Fund.
Respectfully submitted,
Darlene L. B~
City Manager
DLB:tem
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
Susan Gaylor, Supervisor, VlSSTA Piedmont Area Training Center
Rolanda B. Russell, Assistant City Manager for Community Development
#CM04-00200
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
December 22, 2004
File #67-467
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36915-122004 authorizing the City Manager
to execute an agreement between the City of Roanoke School Board and the City of
Roanoke, allowing the City to operate a fitness center at Lucy Addison Middle School
for use by the general public, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Darlene L. Burcham
December 22, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Sherman M. Stovall, Director, Office of Management and Budget
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis
Avenue, S. E., Roanoke, Virginia 24014
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 200/4.
No. 36915-122004.
A RESOLUTION authorizing the City Manager to execute an agreement between the
City of Roanoke School Board and the City of Roanoke, allowing the City to operate a
fitness center at Lucy Addison Middle School for use by the general public, upon certain
terms and conditions.
BE tT RESOLVED by the Council of the City of Roanoke that the City Manager and
the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, an agreement between the City of Roanoke School Board and the City of
Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate
a fitness center in specified areas at Lucy Addison Middle School for use by the general
public, as more fully set forth in the City Manager's letter dated December 20, 2004, to this
Council.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 20, 2004
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Lucy Addison Middle School
Fitness Center Agreement
The Parks and Recreation Department opened its first fitness center in
partnership with the Roanoke Public Schools at Breckinridge Middle School in
October 1997. This was followed by fitness center openings at Woodrow
Wilson Middle School in November 1998, Addison Middle School in December
1999 and Jackson Middle School in February 2001.
Roanoke City Public Schools use the fitness room and equipment for physical
education classes and sports conditioning. Parks and Recreation operates the
facility as a fitness center, open to the general public during non-school hours.
The current one year Agreement with the Roanoke City School Board, with the
option to renew for four additional one-year terms expired December 14, 2004.
This current Agreement was authorized by City Council via Ordinance Number
34514-102099. Minor revisions have been made to the current Agreement. It is
requested that the revised Agreement be continued for an additional term of
one year, with option to renew for up to four additional one-year terms, ending
December 14, 2009. Details of the rights of both the City and the Roanoke City
School Board are contained in the attached Agreement.
Current level of funding in FY05 is $17,990 which includes $15,040 for part
time salaries, $2250 for utility/custodian charges, $200 for equipment repair,
and $500 for operational supplies.
Honorable Mayor and Members of Council
December 20, 2004
Page 2
Recommended Action:
Authorize the City Manager to execute the attached Agreement in a form
approved by the City Attorney and continue the operation of the Lucy Addison
Fitness Center.
DLB:SCB:na
Attachment
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director of Parks and Recreation
Rolanda B. Russell, Assistant City Manager for Community Development
#CM04-001 99
AGREEMENT
THIS AGREEMENT is made this __ day of ,2004, between
the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "City", and the
ROANOKE CITY SCHOOL BOARD, hereinafter referred to as "School Board".
WITNESSETH:
IN CONSIDERATION of the mutual covenants contained in this Agreement, the City
and the School Board agree as follows:
1. Premises: The facility which is the subject of this Agreement ("Premises") shall
be the fitness room, the gymnasium, and other mutually agreed upon designated space, such
designation to be in writing signed by both parties, at Lucy Addison Middle School located at
1220 5th Street, N.W., in the City of Roanoke.
2. Term of Agreement: The term of this Agreement shall be from December 15,
2004, until December 14, 2005. This Agreement shall be extended for four (4) additional
one-year terms, unless a party terminates the Agreement pursuant to Paragraph No. 13, in
writing, no later than thirty (30) days prior to the last day of the then-current term of the
Agreement.
3. Terms of Use: The Premises shall be open to the general public, subject to the
following terms and conditions:
(a) The fitness room shall be available to all persons who are sixteen (16)
years of age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the
fitness room upon completion of training provided by the Lucy Addison Middle School
10/01/03
Physical Education Department or the Fitness Trainer employed by the City.
(b) The Director of the City of Roanoke Department of Parks and
Recreation ("Director") shall implement an identification procedure to ensure that only
authorized persons are using the Premises and that their use is at the appropriate rate.
(c) The hours of operation of the Premises shall be as follows (Operational
Hours):
(i) Fitness Room: 4:00 p.m. - 9:00 p.m., Monday through Friday, for use
by the general public, and 3:30 p.m. to 4:00 p.m. for cleaning and
preparation.
(ii) Gymnasium: 5:00 p.m. - 9:00 p.m., Monday through Friday, for use by
the general public, for the first year of the Agreement, and in the future
at such times as the parties mutually agree in writing. Gymnasium use
is subj eot to school use through prior reservation by the school principal
at least five business days in advance.
(iii) Locker rooms, and mutually agreed upon designated space: to be used
at such times and subject to fees as agreed upon in writing by the
parties. A take down and set up fee may be charged if the school
custodial staffis required to take such action because of the nature of
the activity using a facility.
(iv) The Premises shall be accessible from 8:00 a.m. until 3:00 p.m. on
Saturdays, and from 1:00 p.m. until 6:00 p.m. on Sundays.
The Director shall have the authority to adjust the hours of operation of the Premises, or any
portion thereof, in writing, and the Director shall have the authority to cancel use of the
Premises for any date or dates pursuant to this Agreement due to inclement weather or any
other reason.
(d) The School Board may rent the gymnasium at any time the Premises are
2
not scheduled to be used by the City. All arrangements relating to such rental shall be made
through the School Board.
(e) The School Board shall continuously maintain appropriate temperature
and reasonable humidity control throughout the year in the fitness room for the proper
maintenance and protection of the equipment in the fitness room.
(f) The City will be responsible for the cost of repairs for damages (other
than fair wear and tear or damages caused by the negligence of any School Board employee)
to the facility caused by persons using the facility as part of a City-sponsored program.
4. Equipment: The equipment in the fitness room belongs to the City. The City
shall be responsible for the cost of repairing or replacing all equipment damaged or destroyed
by normal use of the equipment. The School Board shall repair or replace any equipment
willfully or intentionally damaged or destroyed by any person at any time not during
Operational Hours, and the City shall repair or replace any equipment willfully or
intentionally damaged or destroyed by the general public during Operational Hours. Each
party shall perform an inventory and inspection prior to each day of use and shall note the
results of the same on forms approved and provided by the Director. The determination of
whether equipment shall be repaired or replaced shall be the Director's decision.
5. Conflicts in use: Use of the Premises by the general public pursuant to this
Agreement shall be subject to events scheduled by the School Board. Reasonable notice of
such events shall be given to the Director, in writing, preferably fourteen (14) calendar days
before the first day of the event. If less than ten (10) calendar days notice is given, then the
3
School Board shall supply the City an alternate location on site, adequate to allow for the
prescheduled event, and acceptable to the Director.
6. Additional areas for use: The City shall have use of office space within the
fitness room for administering this Agreement. The City shall also have use of one-half(I/2)
of the storage room for storage of materials.
7. Access to equipment: The City and the School Board shall have access to, and
may use, all equipment which is stored at Lucy Addison Middle School as of the date of this
Agreement, including volleyball standards, aerobic steps, and mats. Such equipment, if
damaged willfully or intentionally during a use time administered by one of the parties, shall
be repaired or replaced by that party within thirty (30) days of the equipment being damaged.
8. Maintenance of Premises: The School Board shall maintain and clean the
Premises after use of the same during a school day and before use of the Premises by the
general public pursuant to this Agreement. The School Board shall maintain and clean the
Premises before and after the use of the same on each Saturday and Sunday the Premises are
used by the general public pursuant to this Agreement. The City shall pay the School Board
for each Saturday or Sunday such custodial services are provided at a mutually agreeable
rate.
9. Utilities: The School Board shall pay for all utilities, including water and
electricity, for use of the Premises Monday through Friday, and the City shall pay a prorated
share of such utilities for use of the Premises on Saturday and Sunday at a mutually agreeable
rate. The City will pay all monthly fees incurred as a result of the telephone located in the
4
office described above, as well as all long distance calls made during the hours of operation
for use by the general public.
10. Vendor Machine(s): The School Board may restrict access to, or use of, the
vending machine(s) 7:00 a.m. to 3:30 p.m., Monday through Friday. All proceeds from the
vending machine shall belong to the City for use to offset costs incurred in administering this
Agreement. Products sold in the machine must be approved by the School Board in writing
for nutritional content.
11. Insurance: The School Board shall name the City, its officers, agents, employees
and volunteers as additional insureds as their interests may appear on the appropriate School
Board liability policies with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence and One Million Dollars ($1,000,000.00) aggregate. If any organization
sponsored by the City uses the Premises, such organization shall provide the City and School
Board with proof of liability insurance in accordance with the above limits and such
organization shall name the City and School Board, their officers, agents, and employees as
additional insureds. All insurance correspondence shall be sent to the City of Roanoke, c/o
Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia 24011,
and School Board for the City of Roanoke, c/o Executive for Support Services, Roanoke City
School Board, P.O. Box 13145, Roanoke, Virginia 24031.
12. Notice: Notice to the parties, unless otherwise indicated, shall be in writing
and either in person and delivered to the following locations, or by first-class mail:
5
If to the City:
Director of Parks and Recreation
210 Reserve Avenue, S.W.
Roanoke, Virginia 24016
If to the School Board: Executive for Support Services
40 Douglas Avenue, N.W.
Roanoke, Virginia 24012.
13. Termination: This Agreement may be terminated by either party for cause, in
writing, with thirty (30) days notice. The City shall have access to its equipment during
normal business hours for forty-five (45) calendar days after termination and shall remove
the same during that period of time.
14. Third-Parties: Neither party shall be obligated or liable hereunder to any
person or entity not a party to this Agreement.
15. Successors and Assigns: The terms, conditions, provisions and undertakings of
this Agreement shall be binding upon and inure to the benefit of each of the parties hereto
and their respective successors and assigns.
16. Assignment: This Agreement and the rights and obligations hereunder may not
be sold, assigned, or transferred at anytime by either party without the prior written consent
of the City's City Manager.
17. Captions and Headin?.q: The section captions and headings are for convenience
and reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
18. Cooperation: Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purpose of this Agreement.
6
19. Entire Agreement: This Agreement constitutes the entire agreement and
understanding of the parties.
WITNESS the following signatures and seals:
ATTEST:
Mary F. Parker, City Clerk
ATTEST:
CITY OF ROANOKE, VIRGINIA
By.
Its
ROANOKE CITY SCHOOL BOARD
(title) (Title).
Approved as to Form:
Assistant City Attorney
for City of Roanoke
Approved as to Execution:
Assistant City Attorney
for City of Roanoke
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011- ! 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 28, 2004
File #68-223-229
Katherine B. McQuade
Executive Vice President Planning & Chief Information Officer
Norfolk Southern Corporation
3 Commercial Place
Norfolk, Virginia 23510-2191
Dear Ms. McQuade:
I am enclosing copy of Resolution No. 36916-122004 accepting the donation by
Norfolk Southern Railway Company of a SOU 51836 Flatcar, and expressing the
appreciation of the City of Roanoke for the donation of the Flatcar for display in
various public areas of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parke~
City Clerk
MFP:ew
Attachment
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Glenn A. Asher, Risk Management
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36916-122004.
A RESOLUTION accepting the donation to the City by Norfolk Southern Railway Company
of a SOU 51836 Flatcar, expressing the City's appreciation for this donation and authorizing the
execution of a Letter Agreement, dated November 29, 2004, evidencing the City's agreement to
certain terms and conditions relating to the donation of the Flatcar.
WHEREAS, the City has proposed that a flatcar be made available for display in a public
area of the City, and Norfolk Southern Railway Company has agreed to donate a former Southern
Railway Company Car Number SOU 51836 ("Flatcar"), and the City wishes to accept the donation.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized for and on behalf of the City to execute the Letter
Agreement, dated November 29, 2004, accepting the donation of the SOU 51836 Flatcar by Norfolk
Southern Railway Company, and agreeing to certain terms and conditions relating to the donation.
2. The Council hereby expresses its appreciation to Norfolk Southern Railway Company
for its generous donation of the Flatcar to the City for display in various public areas of the City.
3. The Clerk is directed to forward a copy of this resolution to Katherine B. McQuade,
Executive Vice President Planning & Chief Information Officer, at Norfolk Southern Corporation, 3
Commercial Place, Norfolk, Virginia 23510-2191.
City Clerk.
K:h¥~ASLri~S~--DONATIONB YI-I SOFFLATCAR51836.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
December 20, 2004
Honorable C. Nelson Harris, Mayor
Honorable Bevedy T. Fitzpatrick, 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: Donation of SOU 51836 Flatcar by
Norfolk Southern Railway Company
The City of Roanoke presented a proposal to Norfolk Southern Railway Company
(Norfolk Southern) to display a flatcar in a public area within the City and in conjunction
with the proposal the City has requested that Norfolk Southern donate the former
Southern Railway Company Car Number SOU 51836 Flatcar to the City.
Norfolk Southern has agreed to donate the Flatcar and has identified the terms a nd
conditions of the donation. Specifically, the City will accept the Flatcar "As Is", without
any warranty of any kind. Additionally, the City will agree to conduct a joint inspection of
the Flatcar with Norfolk Southern prior to delivery. If the inspection discloses any
defects inconsistent with t he City's intended u se o f t he Flatcar t he City m ay elect t o
refuse the donation. U pon acceptance of the donation, the City will assume all risk
associated with the use and display of the Flatcar and will maintain the Flatcar in good
condition and in a manner suitable for public display.
Recommended Action:
Council to authorize the acceptance of the flatcar by authorizing the City Manager to
execute the letter of agreement with Norfolk Southern Railway Company for the
donation of SOU 51836 Flatcar.
Respectfully submitted,
City Manager
DLB:ge
Attachment
C:
Glenn A. Asher, Risk Management
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CM04-00201
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINI^ 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) $53-1145
December 22, 2004
File #188-236
Reginald Newell
Planning and Research Coordinator
Commission on Accreditation for
Law Enforcement Agencies, Inc.
10302 Eaton Place, Suite 100
Fairfax, Virginia 22030-2210
Dear Mr. Newell:
I am enclosing a certified copy of Resolution No. 36917-122004 endorsing
participation by the City of Roanoke's E911 Center in a National Accreditation
Program through the Commission on Accreditation for Law Enforcement Agencies.
The above referenced measure was unanimously adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, December 20, 2004,
and is in full force and effect upon its passage.
We commend our E911 Center as they strive to deliver outstanding services to the
citizens of Roanoke.
Sincerely,
C. Nelson Harris, Mayor
City of Roanoke, Virginia
CNH:ew
Enclosure
Reginald Newell
December 22, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
John A. Elie, Director of Technology
Ronald Wade, Communications Supervisor
Sherman M. Stovall, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36917-122004.
A RESOLUTION endorsing the participation by the City ofRoanoke's E911 Cemer in a
National Accreditation Program through the Commission on Accreditation for Law Enforcement
Agencies.
WHEREAS, the City of Roanoke's police, fire and sheriff's departments currently maintain
national accreditation certificates;
WI-~REAS, as part of the continuing effort to improve public safety within the City of
Roanoke, it is the desire of the administration to recommend that the E911 Center attempt to become
certified and accredited by the Commission on Accreditation for Law Enforcement Agencies; and
WHEREAS, City Council acknowledges its support of the administration's efforts to have the
E911 Center nationally accredited l
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council acknowledges its support for the administrations efforts to have the City's
E911 Center nationally accredited by the Commission on Accreditation for Law Enforcement
Agencies.
· 2. The Council requests that the Mayor send a letter to the Commission on Accreditation
for Law Enforcement Agencies memorializing the City ofRoanoke's support to have its Egl 1 Center
nationally accredited.
K:Vv~easures~Reso~tlon Suppo~Jng 911 Accreditation.doc
3. The Mayor and/or the City Manager is hereby authorized to execute any necessary
documents required by the Commission on Accreditation for Law Enforcement Agencies to further
the accreditation process of the E911 Center alter such documents are reviewed and approved as to
form by the City Attorney.
ATTEST:
City Clerk
K:Wleasures~Reso;ution Supporting 911 Accreditation.doc
COMMISSXON ON ACCREDITATION FOR LAW
ENFORCEMENT AGENCIESt XNC.
CASF GRANT APPLICAT]ON FORM
Please do not write In
this space.
Da~ Received:
Agency Name (in full):
City of Roanoke E-911 Center
Street Address:
Noel C. Taylor llmicioal Buildint
215 Church Avenue, S~I Roo~ 152
P.O. Box: City: .Roanoke
State/Province: VA ZIP/Postal Code:
Agency Telephone Number: {~40 ) 853-2&11
2A011
Country: 17n~ tea
Agency Fax Number: 640 )
(If a P.O. Box is preferred, check here: [] (Please also include street address for UPS deliveries)
Agency's Chief Executive Officer: Joint A. ]~]~I ~,
Telephone:
E~:__ ~Mail: Jo~.Elie~roanokeva.go~
Agency's Accreditation Hanager (if any): V-i~--i R~hh
Title: Coaa~nicat o rvisor
Telephone: ~40) 853-2411
Ext:
~Mail: Vieki.Babb~roanokeva.~ov
Attached is our duly signed Legal Basis and Eligibility Statement as well as the required application narrative.
The commitment our agency must make in working with the Commission toward accreditation is understood and
accepted. Also, we are prepared to provide information promptly concerning our agency that the Commission
requires in making its determination for awarding a CASF grant. It is also understood that our agency is entering
into a non-adversarial working relationship with the Commission and that our agency can terminate its applicant
status at any time prior to the awarding of the grant.
(over)
NOTARY PUBLZC
City/County of ~ ~ ~,~c>:~.c~
State/Province of
The forgoing instrument w~s ~ckno~l~ged
before me, this ~ ~ d~y of ~r
200~ by:
· (Name of person seeking acknowledgement)
(~otary Public)
Ny commission expires:
For the Aoencv:
JoIm A. Elt~
(Typed Name)
CnUe)
Date:
NOTARY PUBLI'C
City/County of ~,.~;~ ~,~ ,~i~
State/Province of
The forgoing instrument ~/as acknowledged
before me, this .2~ ~-~ day of
200 ~I/ by:
C. Nelson Harris
(Name of person seeking acknowledgement)
~/ a ~'f~lotary Public)
My comm ss on exp res:
For the Govemino Authority
(Signature)
C. Nelson Harris
~yp~ Name)
Mayor
08/03
COMMISSION ON ACCREDZTAT~ON FOR
LAW ENFORCEMENT AGENCIES~ INC.
CA~ GRANT FORM
Please do not write in U~Is
area
Vedfied by:.
Date:
Legal Basis and Eligibility Statement
The agency's statutory or legal basis is as follows (see reverse side for example):
The City of Roanoke was incoz-porated as a cit~' pursuant to an Act of the
General Assembly on Januar7 31, 1884. The City of Roanoke is a valid chartered
municipality established under the laws of the Co~n~ealth of Virginia.
Pursuant to City of Roanoke Charter Section 2, Po~ers of the City, the City
of Roanoke is authorized to preserve the peace in good order for the benefit
of it's citizens.
~The agency's eligibility is in accordance with the Commission's criteria as follows (see reverse side for criteria and
types of eligible agencies):
As a Virginia ~unictpalit7' the City of Roanoke is also authorized to establish
a police department and to maintain the peace for the benefit of it's citizens.
Finally, by Virginia law the City of Roanoke ~s autorized to establish and provide
public safety coeaunication services as well as public safety training, ~ost
co~mly known as 9-1-1 service
NOTARY PUBLIC
City/Countyof ~'~1 c~ ~oc~r-,~_~
State/Province of X/~ r.-~'l n ,'~
The forgoing instrument was acknowledged
before me, this ~.1 ~.Z-~ day of 0e_c_¢~-~,=c.--
200 H by:
(Name of person seeking acknowledgement)
(N0~ Public)
Hy comr,~ission expires: _ -/J..%, I ~
Agency Name: City of Roannke g-qll Cenr~I.
Date:
By:
(over)
' tS~ture)
(typed name)
Director~ Department of (title)
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
December 20, 2004
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 Bdan J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: National Certification of E911
Center
Background:
The City of Roanoke has obtained national certification for all Public Safety activities
(Fire/EMS, Police and Sheriff Department) with the exception of the E911 Center. Staff
is currently applying to CALEA (Commission on Accreditation for Law Enforcement
Agencies) for national certification for the E911 Center, and is seeking a $3,500 grant to
cover initial accreditation costs. Funding is available in the current budget for the
matching funds of $2,700. The annual re-certification cost of $2700 would be paid from
existing funds. National certification will insure that the 911 Center maintains current
policies and procedures, and will contribute to the delivery of outstanding
communication services to the citizens of Roanoke.
Recommended Action:
Adopt a resolution proclaiming support for the E911 Center to apply for a grant for
national accreditation, and on-going financial support in the future to retain this
certification.
DLB:je
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jessie Hall, Director of Finance
George Snead, Assistant City Manager for Operations
Sherman Stovail, Director, Management and Budget
John Elie, Director of Technology
Ron Wade, E911 Center Superintendent
CM04-0202
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'uginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 27, 2004
File #27-468
Michael T. McEvoy
Executive Director
Wastewater Services
Western Virginia Water Authority
Gary Robertson
Executive Director
Water Operations
Western Virginia Water Authority
Dear Mr. McEvoy and Mr. Grant:
I am enclosing copy of Resolution No. 36918-122004 concurring in the adoption by
the Western Virginia Water Authority of certain water and sewer connection policies
pursuant to Virginia Code {}15.2-5137.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Michael T. McEvoy
Gary Robertson
December 27, 2004
Page 2
pc:
Darlene L. 8urcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Bruce Grant, Director of Finance and Administration, Western Virginia Water
Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke,
Virginia 240:~8
Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water
Authority
Diane S. Childers, Clerk, Roanoke County Board of Supervisors
P. O. Box 29800, Roanoke, Virginia 240:~8-0798
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36918-122004.
A RESOLUTION concomng with the adoption by the Western Virginia Water
Authority of certain water and sewer connection policies pursuant to Virginia Code §15.2-
5137.
WHEREAS, on July 1, 2004, the Western Virginia Water Authority assumed all
water and sewer utility functions from the City of Roanoke, Virginia;
WHEREAS, the Wastem Virginia Water Authority adopted on November 18, 2004,
certain policies relating to mandatory water and sewer connections, pursuant to Virginia
Code §15.2-5137; and
WHEREAS, the Western Virginia Water Authority has asked the City of Roanoke for
a resolution pursuant to Virginia Code §15.2-5137(A) concurring in the water and sewer
connection policies adopted by the Authority.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City hereby concurs with the mandatory water and sewer connection
policies adopted by the Western Virginia Water Authority on November 18, 2004, pursuant
to Virginia Code § 15.2-5137.
2. The City Clerk is directed to forward a copy of this resolution to the
appropriate officials of the Western Virginia Water Authority.
ATTEST:
City Clerk.
K:hM easures\City ofRke Conemafng Reaolulion 15.2 5137.DOC
CITY OF RO 4NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 28, 2004
File #27-468
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 369:[9-122004 amending and reordaining
Chapter 35, Water, Article I, In General, of the Code of the City of Roanoke (:[979),
as amended, by adding Sections 35-:[ through 35-3, as requested by the Western
Virginia Water Authority, effective January :[, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 28, 2004
Page 2
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virgima
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi,Judge, General District Court
The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Kozuo Webb, Office of the Magistrate
Lora A. Wilson, Law Librarian
The Honorable Evelyn W. Powers, City Treasurer
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Philip C. Schirmer, City Engineer
Samuel F. Vance, IV, Council, Western Virginia Water Authority,
210 :~' Street, S. W., Roanoke, Virginia 24011
Darlene L. Burcham
December 28, 2004
Page 3
pc:
Bruce Grant, Director of Finance and Administration, Western Virginia Water
Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke,
Virginia 24018
Gary Robertson, Executive Director, Water Operations, Western Virginia Water
Authority
Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia
Water Authority
Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water
Authority
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2006.
No. 36919-122004.
AN ORDINANCE amending and reordaining Chapter 35, Water, Article I, In General,
of the Code of the City of Roanoke (1979), as amended, by adding Sections 35-1 through 35-3,
as requested by the Western Virginia Water Authority (WVWA); providing for an effective
date; and dispensing with the second reading by title of this ordinance.
WHERERAS, the WVWA has requested the City of Roanoke to add certain provisions to
the City Code in order to enable the WVWA to be able to better carry out its function of
providing water services to the residents of the City.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 35, Water, Article I, In General~ of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as follows:
ARTICLE I. IN GENERAL
Sec. 35-1. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this
chapter shall constitute a class 2 misdemeanor.
Sec. 35-2. Authorization for the Western Virginia Water Authority
to enforce provisions of this chapter.
The Western Virginia Water Authority (WVWA) is hereby authorized, to
the extent permitted by law, to enforce ali applicable provisions of
Chapter 35 of the Code of the City of Roanoke (1979), as amended, in
order to carry out the WI/WA purposes of providing water and water
services to the residents of the ciO,.
K:~Measxtrea~code amendment chapt~ 35 W~te~.doc ]
Sec. 35-3. Mandatory water connections.
The owner or person constructing a house or building on property
abutting in any manner upon a street, alley, public right-of-way or
pubfic easement through which runs a public water main or water
system, shall be required to connect such house or building with such
water main in accordance with the provisions of this chapter and the
rules and regulations of the WVWA. Any person who shall fail to make
such connection, after sixty (60) days notice from the WVWA, shall be
guilty of a violation of this section. If a public water main is not
abutting such property, an off.site extension of the existing public
water system shall be made m accordance with the provisions of this
chapter and the rules and regulations of the WVWA.
3.
this ordinance by title is dispensed with.
This ordinance shall be in full force and effect on and after January 1, 2005.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
ATTEST
City Clerk.
K:~leasures~code am~ndm~t ~agt~- 35 Wstg final.doc 2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 20, 2004
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
Subject:Concurring Resolution Regarding
Certain Water and Sewer Connection
Policies Adopted by the Western Virginia
Water Authority and Amendment to
Chapter 35, Water, of the Code of the City
of Roanoke (1979), as amended
Dear Mayor Harris and Members of City Council:
On July 1,2004, the Western Virginia Water Authority (WVWA) assumed all
water and sewer utility functions from the City of Roanoke. In connection with
providing water and sewer functions for the residents of the City, the WVWA on
November 18, 2004, adopted a mandatory water connection policy and a
mandatory sewer connection policy. A copy of Resolution No. 25 from the
WVWA is attached to this letter. In the attached resolution, the Board of
Directors of the WVWA has requested that City Council and the Board of
Supervisors of Roanoke County adopt a concurring resolution pursuant to
Virginia Code Section 15.2-5137.
In connection with adopting a concurring resolution as set forth above,
certain changes need to be made to Chapter 35, Water, Article I, In General,
Code of the City of Roanoke (1979), as amended. Such changes will provide for
a penalty for violations of the chapter, for authorization for the WVWA to
enforce the provisions of the chapter to the extent permitted by law, and for
mandatory water connections in accordance with the WVWA policy and rules
and regulations.
The Honorable Mayor and Members of City Council
December 20, 2004
Page 2
Roanoke County adopted a concurring resolution as requested by the
WVWA on December 7, 2004. The City Attorney's Office has worked with
counsel for the WVWA on the City Code revisions, as well as the concurring
resolution, copies of which are attached to this letter.
RECOMMENDATION
City Council adopt a resolution concurring in the adoption by the WVWA
of certain water and sewer connection policies, which the WVWA adopted on
November 18, 2004, pursuant to Virginia Code Section 15.2-5137.
City Council adopt the attached ordinance amending and reordaining
Chapter 35, Water, Article I, In General, Code of the City of Roanoke (1979), as
amended, by adding sections 35.1-1 through 35.1-3 and provide that such
amendments be in full force and effect on and after January 1,2005.
City Manager
WM H/G ET/Isc
Attachment
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Samuel F. Vance, IV, Counsel for WVWA
CM04-0204
COPY
OF THE
WESTERN VIRGINIA WATER AUTHORITY
Approving a Mandatory Water Connection Policy
and a Mandatory Sewer Connection Policy
WHEREAS, the Western Virginia Water Authority (the "Authority"), a public service
authority formed and existing in accordance with the provisions of Chapter 51 of Title 15.2
of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act §§
15.2-5100-15.2-5158 (the "Act"); and
WHEREAS, there was presented to the Board of Directors of the Western Virginia
Water Authority policies and procedures setting out the terms of the Author/ty's Mandatory
Water Connection Policy and the Authority's Mandatory Sewer Connection Policy.
NOW THEREFORE, the Board of Directors of the Western Virginia Water Authority
do hereby adopt the following policies:
Mandatory Water Connection Policy
Upon the acquisition or construction of any water system by the Author/W, the owner, tenant,
or occupant of each lot or parcel of land (i) which abuts a street or other public right of way
which contains, or is adjacent to an easement containing a water main or a water system, and
(ii) upon which a building has been constructed for residential, commercial or industrial use,
shall connect the building with the water main, and shall cease to use any other source of
water supply for domestic use. All such connections shall be made in accordance with rules
and regulations adopted by the Authority, which may provide for a reasonable charge for
making such a connection.
Notwithstanding the foregoing, those persons having a domestiC supply or source of potable
water shall not be required to discontinue the use of such water. However, persons not
served by a water supply system, as defined in Virginia Code Section 15.2-2149, producing
potable water meeting the standards established by the Virginia Department of Health may
be required to pay a connection fee, an availability fee and an extension fee, and a monthly
nonuser service charge, which charge shall not be more than that proportion of the minimum
monthly user charge, imposed by the Authority, as debt service bears to the total operating
and debt service costs, or any combination of such fees and charges.
-1-
Mandatory Sewer Connection Policy
Upon the acquisition or construction of any sewer system by the Authority, the owner,
tenant, or occupant of each lot or parcel of land (i) which abuts a street or other public right
of way which contains, or is adjacent to an easement containing a sanitary Sewer which is a
part of or which is or may be served by such sewer system, and (ii) upon which a building
has been constructed for residential, commercial or industrial use, shall connect the building
with the sanitary sewer, and shall cease to use any other method for the disposal of sewage,
sewage waste or other polluting matter. All such connections shall be made in accordance
with roles and regulations adopted by the Authority, which may provide for a reasonable
charge for making such a connection.
Notwithstanding the foregoing, those persons having a private septic system or domestic
sewage system meeting applicable standards established by the Virginia Department of
Health shall not be required under this chapter to discontinue the use of such system.
However, such persons may be required to pay a connection fee, an availability fee and an
extension fee, and a monthly nonuser service charge, which charge shall not be more than
that proportion of the minimum monthly user charge, imposed by the Authority, as debt
service bears to the total operating and debt service costs, or any combination of such fees
and charges.
The Board of Direators also recommends to the City Council of the City of Roanoke,
and to the Board of Supervisors of Roanoke County that each of such governing bodies adopt
a concurring resoluti0n in the form presented to this meeting or such other form as shall be
deemed appropriate by such governing bodies.
AND BE 1T FURTHER RESOLVED, that the appropriate officers are hereby
authorized and directed to execute, deliver and file all documents, certificates and
instruments and to take all such further action as may be necessary or desirable in connection
with and that are in conformity with the purposes and intent of this resolution.
This resolution shall take effect immediately.
Directors absent .,~
Votes Aye q-
Votes Nay O
-2-
CERTIFICATION
The undersigned secretary of the Western Virginia Water Authority does hereby
certify that the foregoing is a tree, complete and correct Resolution adopted by a vote of a
majority of the Directors of the Western Virginia Water Authority, present at a regular
meeting of the Board of Directors of the Western Virginia Water Authority duly called and
held /~/aYerr~,~r- Ig 7~;/-, at which a quorum was present and acting throughout, and that
the same has not been amended or rescinded and is in full force and effect as of the date of
this certification, N~,m]w-.r I J? 2004.
(SEAL)
[,o~an Thurman, Secretary,
western Virginia Water Authohty
-3-
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
December 28, 2004
File #51
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36920-122004 authorizing the filing of a
petition to rezone property which is owned by the City of Roanoke located at 3379
Colonial Avenue, S. W., from RS-2, Single Family Residential District, to RPUD,
Residential Planned Unit Development District, subject to a proffered condition, in
order to permit physical development of the site in a manner consistent with the
provisions of the City's Request for Proposals for creation of a mixed density
traditional neighborhood design and layout.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attach me nt
Darlene L. Burcham
December 28, 2004
Page 2
pc:
CHS, Inc.,P.O. Box 12385, Roanoke, Virginia 24025
Mr. and Mrs. P. W. Moore, 3517 Robyn Road, S. W., Roanoke, Virginia 24015
Mr. and Mrs. James Duncan, 3508 Robyn Road, S. W., Roanoke, Virginia
24015
Mr. Walter S. Frazier, 37][9 Stother Road, S. W., Roanoke, Virginia 24015
Mr. and Mrs. John Lane, 2725 Creston Avenue, S. W., Roanoke, Virginia
24015
Trustees Southwest Congregation of Jehovah's Witnesses, 13].5 Hamilton
Terrace, S. E., Roanoke, Virginia 240].4
Mr. and Mrs. Berlin Flora, 3349 Colonial Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. James Metz, Trustees, 5844 Lakemont Drive, Roanoke, Virginia
24018
Mr. and Mrs. Gregory Roseberry, 3502 Robyn Road, S. W., Roanoke, Virginia
24015
Ms. Verity Jane Callender, 2750 Creston Avenue, S. W., Roanoke, Virginia
24015
Western Virginia Water Authority, 2012 Jefferson Street, S. E., Roanoke,
Virginia 24014
Occidental Development LTD, Attn. Donald J. Williams, 790]. Crawfordsville
Road, Indianapolis, Indiana 46224
Occidental Development LTD, Attn. Donald J. Williams, 3406 Sunchase Court,
Roanoke, Virginia 24018
William and Kathleen Ball, 77].5 Fort Mason Drive, Roanoke, Virginia 240].8
Signature Properties, LLC, P. O. Box 2096]., Roanoke, Virginia 240].8
Ms. Nancy K. Carson, 3358 Woodland Drive, S. W., Roanoke, Virginia 24015
Ms. Ethel J. Virgili, 3380 Woodland Drive, S. W., Roanoke, Virginia 240].5
Mr. Robert B. Pandlis, 3368 Woodland Drive, S. W., Roanoke, Virginia 240].5
Mr. and Mrs. Mark Graham, 3346 Woodland Drive, S. W., Roanoke, Virginia
240].5
Ms..Ioyce Dunn, 30].6 Timberlane Avenue, S. W., Roanoke, Virginia 240].8
Mr. and Mrs. Stephen Warren, 3022 Timberlane Avenue, S. W., Roanoke,
Virginia 240].8
Mr. and Mrs. John Mini, 3026 Sedgefield Road, S. W., Roanoke, Virginia
240].5
Mr. and Mrs. Philip Miron, 3030 Sedgefield Road, S. W., Roanoke, Virginia
240].5
Darlene L. Burcham
December 28, 2004
Page 3
Mr. Mark Taylor, c/o Brenda Wilson Taylor, 3038 Sedgefield Road, S. W.,
Roanoke, Virginia 240:~8
Ms. Tina M. Flippin, c/o Tina Weiner, 3044 Sedgefield Road, S. W., Roanoke,
Virginia 2405
Mr. and Mrs. Bobby Dobyns, 3060 Sedgefield Road, S. W., Roanoke, Virginia
24015
Ms. Cherlyn Sandra Lefler McCoy, c/o Louis Garger & Thomas Garger, 6618
Sugar Ridge Drive, S. W., Roanoke, Virginia 240:~8
Jesse A. Hall, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Robert B. Manetta, Chair, City Planning Commission, 283! Stephenson
Avenue, S. W., Roanoke, Virginia 24014
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36920-122004.
A RESOLUTION authorizing the filing of a petition to rezone property which is
owned by the City of Roanoke and which is designated as Official Tax No. 1570101, subject
to certain proffers.
WHEREAS, the City of Roanoke owns certain property designated as Official Tax
No. 1570101;
WHEREAS, such property is currently zoned RS-2, Single Family Residential
District; and
WHEREAS, it is the desire of City Council to consider the rezoning of such property
from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit
Development District, subject to a proffered condition, which will permit the physical
development of the site in a manner consistent with the provisions of the City's Request for
Proposals for the creation of a mixed density traditional neighborhood design and layout.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That public necessity, convenience, general welfare and good zoning practice
require the filing of a petition to rezone the subject property from RS-2, Single Family
Residential District, to RPUD, Residential Planned Unit Development District, subject to a
proffered condition, in order to ensure the use of housing clusters to promote neighborhood
revitalization and to provide a sustainable range of housing choices that encourages social
and economic diversity throughout the City on vacant or underutilized land.
2. That the City Manager is authorized to file a petition, similar in form and
content to the petition attached to the letter dated December 20, 2004, to this Council,
approved as to form by the City Attorney, to rezone the subject property from RS-2, Single
Residential Planned Unit Development District,
Family Residential District, to RPUD,
subject to proffered conditions.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December20,2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly 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: Rezoning of an Approximately
23 acre City-owned Parcel for
Residential Development - Colonial
Green Proposal
The City and Colonial Partners, LLC, (now Colonial Green, LC) the developer
previously selected through a Request for Proposals for the development of
the approximately 23 acre City-owned parcel located on Colonial Avenue,
have completed the drafting of a rezoning petition and associated exhibits to
request that the property be rezoned from its current RS-2, Single Family
District classification to RPUD, Residential Planned Unit Development District.
This rezoning would permit the physical development of the site in a manner
consistent with the provisions of the City's Request for Proposals for the
creation of a mixed density traditional neighborhood design and layout.
The RPUD, Residential Planned Unit Development District, provides for the
review and approval of a development plan that indicates the location and
extent of required infrastructure including streets, storm water systems, and
open space. In addition, the development plan indicates the general
placement, scale and density of proposed buildings on the site, and their
relationships to public infrastructure and open space. In addition to the
general requirements of the RPUD District, this petition includes a proffer
conditioning the development of the site to a Development Pattern Book
which provides for additional details of design including specific site design
requirements and bui ding typologies and general architectural design
guidelines.
Recommended Action:
Authorize by resolution the City Manager to file a petition to rezone the
property located along Colonial Avenue S.W., and further identified as Official
Mayor Harris and Members of City Council
December 20, 2004
Page 2
Tax Number 1570101, from RS-2, Single Family Residential District, to RPUD,
Residential Planned Unit Development District, subject to certain conditions,
as set forth in the attached petition.
City Manager
DLB:rbt
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Rolanda Russe , Assistant City Manager for Community Development
Br an Townsend, Director, Planning Building and Development
CM04-00190
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land lying at 3379 Colonial Avenue, SW, Tax
Map No. 1570101, from RS-2, Residential Single Family, to RPUD,
Residential Planned Unit Development District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The petitioner, the City of Roanoke, owns land in the City of Roanoke
containing 23.742 acres, more or less, located 3379 Colonial Avenue, SW, Tax
Map No. 1570101. Said tract is currently zoned, RS-2, Residential Single Family.
A map of the property to be rezoned is attached as Exhibit One.
Pursuant to Section 36.1-690, Code of the City or Roanoke (1979), as
amended, the Petitioner requests that the said property be rezoned form RS-2,
Residential Single Family, to RPUD, Residential Planned Unit Development
District, for the purpose of a mixed use community that incorporates residential
single family, residential multifamily, retail, and live/work space along Colonial
Avenue. The components of the development will include townhouse dwelling
units, single family detached dwelling units, condominium or apartment dwelling
units, live-work studio dwelling units, commercial space, and required public
infrastructure and open space. The proposed development plan is shown in the
attached Exhibit Two.
The Petitioner believes the rezoning of the said tract of land will further the
intent and purposes of the City's Zoning Ordinance and its comprehensive plan,
in that it will implement a traditional neighborhood design development consisting
of a mixture of residential uses and supporting non-residential uses. The
planned development effectively utilizes the 23 acre site by combining single
family and multifamily dwellings, along with neighborhood services in a
compatible layout.
The Petitioner hereby proffers and agrees that if the said tract is rezoned
as requested, that the rezoning will be subject to, and that the Petitioner will
abide by, the following condition:
That the development of the RPUD District will be governed by the
Development Pattern Book, Colonial Green, dated November 1, 2004.
Attached as Exhibit Three is the names, addresses and tax map numbers
of the owner or owners of all lots immediately adjacent to and immediately across
the street from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above described tract be
rezoned as requested in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted this day of December, 2004
Respectfully submitted,
By:
Dadene L. Burcham, City Manager
City of Roanoke
215 Chumh Avenue, SW Room 364
Roanoke, VA 24011
(540) 853-2333
EXHIBIT 3
City of Roanoke
Tax ID No. Property Owner Name/Address Location
1570132 CHS, Inc. 3369 Colonial Avenue, SW
P O Box 12385- Tax Dept.
Roanoke, VA 24025
1570126 P.W. and India Moore Same
3517 Robyn Road, SW
Roanoke, VA 24015
1570117 James and Carolyn Duncan Same
3508 Robyn Road, SW
Roanoke, VA 24015
1650924 Walter S. Frazier Same
3719 Strother Road, SW
Roanoke, VA 24015
1651204 John and Etta Lane Same
2725 Creston Avenue, SW
Roanoke, VA 24015
1570113 Trustees Southwest 3359 Colonial Avenue, SW
Congregation of Jehovah's
Witnesses
1315 Hamilton Terrace, SE
Roanoke, VA 24014
1570115 Berlin & Grace Flora Same
3349 Colonial Avenue, SW
Roanoke, VA 24015
1570118 James and Yvonne Metz, 3514 Robyn Road, SW
Trustees
5844 Lakemont Drive
Roanoke, VA 24018
1570103 Gregory and Vicky Roseberry Same
3502 Robyn Road, SW
Roanoke, VA 24015
1570112 Verity Jane Caliender Same
2750 Craston Avenue, SW
Roanoke, VA 24015
1570133 Western Virginia Water Authority Creston Avenue, SW
2012 Jefferson Street, SE
Roanoke, VA 24014
County of Roanoke
077.11-01-55 Occidental Development LTD Colonial Avenue
Attn. Donald J. Williams
7901 Crawfordsville Road
Indianapolis, IN 46224
And
3406 Sunchase Court
Roanoke, VA 24018
077.11-01-57 William and Kathleen Ball 3390 Colonial Avenue
7715 Fort Mason Ddve
Roanoke, VA 24018
077.11-01-51 Signature Properties, LLC 3350 Woodland Drive
P O Box 20961
Roanoke, VA 24018
077.11-01-52 Nancy K. Carson Same
3358 Woodland Drive
Roanoke, VA 24015
077.11-01-54 Ethel J. Virgili Same
3380 Woodland Drive, SW
Roanoke, VA 24015
077.11-01-53 Robed B. Pandlis Same
3368 Woodland Drive, SW
Roanoke, VA 24015
077.11-01-50 Mark and Rena Graham Same
3346 Woodland Drive, SW
Roanoke, VA 24015
077.10-01-10 Joyce Dunn Same
3016 Timberlane Avenue
Roanoke, VA 24018
077.10-01-12 Stephen and Wendy Warren Same
3022 Timberlane Avenue, SW
Roanoke, VA 24018
077.10-01-13 John and Susan Mini Same
3026 Sedgefield Road
Roanoke, VA 24015
077.10-01-14 Philip and Judy Miren Same
3030 Sedgefield Road
Roanoke, VA 24015
077.10-01.15 Mark Taylor Same
c/o Brenda Wilson Taylor
3038 Sedgefield Road
Roanoke, VA 24018
077.10-01.16 Tina M. Flippin Same
c/o Tina Weiner
3044 Sedgefield Road
Roanoke, VA 24015
077.10-01-17 Bobby and Susan Dobyns Same
3060 Sedgefield Road
Roanoke, VA 24015
077.10-01-18 Cherlyn Sandra Lefler McCoy 3068 Sedgefield Road
c/o Louis Garger & Thomas
Garger
6618 Sugar Ridge Drive
Roanoke, VA 24018
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 22, 2004
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
lam attaching copy of Ordinance No. 36921-122004 appropriating $494,136.00 for
the Flow Through Grant for handicapped students, and amending and reordaining
certain sections of the 2004-2005 School Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely, ~:~..~.,~._
Mary F. Parker, CIVIC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
December 22, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis
Avenue, S. E., Roanoke, Virginia 24014
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 2403!
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36921-122004.
AN ORDINANCE to appropriate funding for Flow Through Grant for handicapped
students, amending and reordaining certain sections of the 2004-2005 School 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 2004-2005 School Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Revenue
Federal Grant Receipts
Appropriations
Compensation of Teachers
Compensation of Supervisors
Compensation of Psychologists
Compensation of Teachers Aides
Retirement-HIC VRS
Social Security
Retirement-VRS
Health Insurance
Compensation of Bus Aides
Social Security
Health Insurance
Alternative Fringes
Professional Health Services
030-062-6597-1102 $ 494,136'
030-062-6597-6453-0121 263,282
030-062~6597~6453-0124 23,218
030-062-6597-6453-0132 4,578
030-062-6597-6453-0141 16,862
030-062-6597-6453-0200 10,382
030-062-6597-6453-0201 14,277
030-062-6597-6453-0202 17,639
030-062-6597-6453-0204 6,149
030-062-6597-6553-0142 22,226
030-062-6597-6553-0201 1,700
030-062-6597-6553-0204 7,248
030-062-6597-6553-0214 780
030-062-6597-6553-0311 105,795
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
City Clerk.
'~0 Kathy G. Stockburger, Chairman Gloria P. Manns
Robert J. Sparrow, Vice Chairman Alvin L. Nash
William H. Lindsey Courtney A. Penn
//-Roanoke
City School Board P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
Cindy H. Lee, Clerk of the Board
December 20, 2004
The Honorable C. Nelson Harris, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting on December 14, the
Board respectfully requests City Council to appropriate $494,136.00 for the 2004-05 Flow
Through program to provide aid for the education and guidance of handicapped students.
This continuing program will be one hundred percent reimbursed by federal funds.
Thank you for your approval of this request.
Sincerely,
Cindy H.~e, Clerk
re
CC:
Mrs. Kathy G. Stockburger
Mrs. Doris N. Ennis
Mr. Richard L, Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr, Paul Workman (with accounting details)
Discovering the Wealth in All Children
JESSE A. HALL
Director of Finance
cmail: jesse hall~cLroanoke.va.us
December 20, 2004
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
The Honorable C. Nelson Harris, Mayor
The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Sherman P. Lea, Council Member
The Honorable Brenda L. McDaniel, Council Member
The Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
As the result of official School Board action at its meeting on December 14, the Board
respectfully requests City Council to appropriate $494,136 for the 2004-05 Flow Through
program to provide aid for the education and guidance of handicapped students. This
continuing program will be one hundred percent reimbursed by federal funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined above.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/ctg
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Doris N. Ennis, Acting Superintendent of City Schools
Sherman M. Stovall, Director of Management and Budget
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xr~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 22, 2004
File #467
Kathy G. Stockburger, Chair
Roanoke City School Board
2506 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Ms. Stockburger:
I am enclosing copy of Resolution No. 36922-122004 authorizing the School Board
for the City of Roanoke to make application for a loan from the State Literary Fund
for adding to and modernizing Westside Elementary School.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Kathy G. Stockburger, Chair
December 22, 2004
Page 2
pc:
GeorgeJ. A. Clemo, Attorney, 10 S. Jefferson Street, Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36922-122004.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for adding to and modernizing Westside Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 20th day of December, 2004,
presented to this Council an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $3.85 million, for improving the present school building
at the Westside Elementary School, to be paid in twenty (20) annual installments, and the interest
thereon at three percent (3%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of $3.85 million from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
ATTEST:~'~ ~ ~'
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'trgima 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.u s
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 22, 2004
File #467
Kathy G. Stockburger, Chair
Roanoke City School Board
2506 Cornwallis Avenue, $. E.
Roanoke, Virginia 24014
Dear Ms. Stockburger:
I am enclosing copy of Resolution No. 36923-122004 authorizing the School Board
for the City of Roanoke to expend funds for improving the present school building
at Westside Elementary School and declaring the City's intent to borrow to fund or
reimburse such expenditures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Kathy G. Stockburger, Chair
December 22, 2004
Page 2
pc:
George J. A. Clemo, Attorney, l0 $. Jefferson Street, Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of December, 2004.
No. 36923-122004.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
improving the present school building at Westside Elementary School and declaring the City's intent
to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $3.85 million for the cost of improving the present school building at
Westside Elementary School ("the Project").
2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the
City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project
with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The
maximum principal amount of debt expected to be issued for the Project is $3.85 million.
3. This is a declaration of official intent under Treasury Regulation §l. 150-2.
City Clerk.
"~0 Kathy G. Stockburger, Chairman Gloria P. Manns
Robert J. Sparrow, Vice Chairman Alvin L. Nash
William H. Lindsey Courtney A. Penn
/.-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
Cindy H. Lee, Clerk of the Board
· Fax: 540-853-2951 %
December 20, 2004
The Honorable C. Nelson Harris, Mayor
And Members of Roanoke City Council
Roanoke, VA 2401].
Dear IVlembers of Council:
As the result of official School Board action at its December ].4
meeting, the Board respectfully requests City Council to approve a State
Literary Fund loan application in the amount of $3.85 million for
improvements to Westside Elementary School. The School Board originally
approved a $3.:~ million Literary Fund loan on November ].]., 2003 and will
withdraw the $3.]. million loan application. The loan application includes a
resolution for architectural supervision. The debt service on the loan will
increase the Board's debt service expenditure by $308,000 commencing in
FY2006-07, but no debt service liability is incurred until funds are drawn
against the loan account.
Tn accordance with our discussion with City Council in the Spring of
2004, the School Board will adjust its future debt service to ensure it does
not exceed the City's debt ceiling limit.
The Board appreciates the approval of this request.
Ye
Sincerely,
C~e, Clerk
Enc.
CC:
Mrs. Kathy G. Stockburger
Mrs. Doris N. Ennis
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Discovering the Wealth in All Children
V.A. 005 1/99
No.
APPLICATION FOR LOAN FROM T~atE LITERARy F[JN1) OF VIRGINIA
NameofSchool Westside Elementary School Nameof~/e~Y~-~/ Roanoke
TO TIIE STATE BOARD OF EDUCATION,
Pdcl~uond, Vkgiuiai
'The School Board for the ]~mYO~-Cit3, of Roanoke hereby makes application for a
loan ors $3.85 raillion
~ fxom the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at '[ 441 We st s i do B 1 v d. , N. W. as follows:
(Describe briefly) Roanoke, VA 24017
1. The said building, addition, or permanent improvement described above, to be of Brick
(Typ~ of conslamcfio~ brick, frame, etc.)
will be used as a Elementary building, and is estimated to cost $ $3.85 million
(Blem., H. S, Comb. Elem. & H.S.)
2. Thet~talestimatedva~ue~ftheexisimgsch~lp~ant~in~udingsite~phsthepr~p~sedbui~di~gaddi~n~rpermanent
improvement thereto,: .$8 271,746.00
3. There is at present a loan fi'om the L~terary rune on this Westside
' , in the amoant
(Building or school plant)
of $ -0-
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and sits, on
account of which such loan is made.
The s~te on which thru building, add~tmn, or permanent improvement, will be located contains ~4.2 of which
~ 4- 2 acres,
recreational purposes, acres are well suited and useable, or can be easily improved and made useable, for playground and
6. The plans and specifications for the building or ifiaprovem~nt, complying with Minimum School Building Requirements, have been
or will be approved by the division superintendeni of schoois and the Superintendent of Public lnstmctiun before constzuctiun is
begun. It is understood that the State Board of Education reserves the right to withhold any part or all of the amount of this loan, if the
plans and specifications approved by the Superintendent of Public Inslzuction are not followed.
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain brie~13~)
Addition of ten classrooms; replacement of exterior windows, HVAC units, classroom
lighting, and exterior doors; and upgrade fire alarm, intercnm~ and phone systems.
8. The present total indebtedness of the County-City for school buildings is $63 842,174.00 of which
_ $5,488,000.00_is owed to the Literary Fund.
9. This ~y-City has not defaulted or failed to meet its debt service obligations as and when due for the five years except, as
follows: None
10. Adequate and satisfactory supervision of conslraction wiI1 be provided by the school board in accordance with the provisions of
"Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part cfa long-range planning program in accordance
with the provisions of"Minimum Requirements and Standards for School Buildings," Regulatious State Board of Education, and is
recommended in the study or survey made by (give title and date)
Five-Year Capital Improvement Fund, FY2004-08
12. This loan is to be made for 20 years, and is tu be paid in
of 3 per cenmrn per annum, payable annually.
2O
annual installments, with interest at the rate
13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application agreed to
provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan fi.om the Literary Fund and, for
at least two years immediately before this loan, has not been more than six months in default in the payment of interest due on any
loan from the Literary Fund.
Given under my hand this the __ day of
)~ 2~004
THE SCHOOL BOARD OF
County-City
By , Chairman
ATTEST:
, Clerk
SEAL
'~0 Kathy G. Stockburger, Chairman Gloria P. Manns
Robert J. Sparrow, Vice Chairman Alvin L. Nash
William H. Lindsey Courtney A. Penn
/,.-Roanoke
City School Board P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 %
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
,Cindy H. Lee, Clerk of the Board
December 14, 2004
RESOLUTfON
WHEREAS, the Roanoke City School Board is in the process of
developing and approving the design plans for Westside Elementary
School and actual construction is scheduled to proceed in the 2004-06
Biennium; and
WHEREAS, State Literary Fund Loan regulations require that
professional supervision be provided by the School Board for all
projects funded by Literary Fund loans.
THEREFORE, BE TT RESOLVED that the Roanoke City School
Board agrees to retain professional services (the architectural firm of
MarshWitt) to supervise the improvements for Westside Elementary
School.
Doris N, Ennis
Acting Superintendent
Kathy G. Stockburger
Chair
Discovering the Wealth in All Children
JESSE A. HALL
Director of Finance
email: j ess¢_hal I ~ci.r oanoke.va.u s
December 20, 2004
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Depuly Director
The Honorable C. Nelson Harris, Mayor
The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Sherman P. Lea, Council Member
The Honorable Brenda L. McDaniel, Council Member
The Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
As the result of official School Board action at its December 14 meeting the Board respectfully
requests City Council to approve a State Literary Fund loan application in the amount of $3.85 million for
improvements to Westside Elementary School. The School Board originally approved a $3.1 million Literary
Fund loan on November 11, 2003 and will withdraw the $3.1 million dollar loan application so that the new
application may be substituted. The revised $3.85 million loan application includes a resolution for
architectural supervision. The debt service on the Joan will increase the Board's debt service expenditure by
$308,000 commencing in FY2006-07, as no debt service is required until funds are drawn against the loan
account.
The funding requested for Westside Elementary is incJuded within the City's adopted Capital
Improvement Program. While the level of debt funding for the Westside Elementary School project will
increase by $750,000, the amount of debt funding for the William Fleming High School Project will be reduced
by the same amount to stay within the authorized debt levels.
We recommend that you concur with this request of the School Board and adopt the accompanying
resolution approving the State Literary Fund loan application.
,,~n~cerely,
Director of Finance
Attachment
JAH/ctg
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Doris N. Ennis, Acting Superintendent of City Schools
Sherman M. Stovall, Director of Management and Budget
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vn'ginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853d145
E-mail: clerk@ci.roanoke.va.us
December 22, 2004
File #53-467
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assislant City Clerk
George J. A. Clemo, Attorney
10 S. Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Clemo:
I am enclosing copy of Resolution No. 36924-122004 authorizing the issuance of a
$439,100.00 General Obligation Qualified Zone Academy Bond (Fallon Park
Elementary School), Series 2004, of the City of Roanoke, Virginia, to be sold to Bank
of America, N.A.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
George J. A. Clemo, Attorney
December 22, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Kathy G. Stockburger, Chair, Roanoke City School Board,
2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 2403!
Sherman M. Stovall, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOI~, VIRGINIA
The 20th day of December, 2004.
No. 36924-122004.
RESOLUTION AUTHORIZING THE ISSUANCE OF A
$4:59,100 GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND
(FALLON PARK ELEMENTARY SCHOOL), SERIES 2004, OF TFIE CITY OF
ROANOKE, VIRGINIA,
TO BE SOLD TO BANK OF AMERICA, N.A.
AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the
"City"), has determined that it is necessary and expedient to borrow an amount equal to
$439,100 and to issue its general obligation "qualified zone academy bond," within the meaning
of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the
purpose of financing certain rehabilitations, repairs and/or or equipment for the Fallon Park
Elementary School CFPES"); and
WHEREAS, the City held a public hearing, duly noticed, on December 6, 2004, on the
issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has by resolution approved, and has requested
the Council to authorize, the issuance of the Bond; and
WHEREAS, pursuant to a commitment letter dated December 9, 2004 (the
"Commitment Letter"), Bank &America, N.A. (the "Bank") has offered to purchase the Bond
on the terms and conditions provided therein; and
WHEREAS, there have been presented to the Council the form of the Commitment
Letter and the forms &the following instruments:
(a) Funding Agreement, (the "Funding Agreement"), between the City and Bank of
America, N.A. (the "Bank") providing for the sale &the Bond to the Bank; and
(b) Time Deposit Agreement (the "Time Deposit Agreement"), between the City and the
Bank, providing for the investment &certain sinking fund payments to be made in connection
with the Bund.
(OThe Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bond and Use of Proceerl~. The Council hereby determines
that it is advisable to contract a debt and issue and sell its general obligation qualified zone
academy bond in an aggregate principal amount of $439,100 (the "Bond") for the purpose of
financing certain rehabilitations, repairs and/or capital equipment for FPES. The Council hereby
authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant
to this Resolution.
2. Sale of the Bond. It is determined to be in the best interest of the City to accept,
and the City hereby accepts, the offer of the Bank to purchase from the City, and to sell to the
Bank, the Bond at a price of par upon the terms established pursuant to this Resolution, the
Funding Agreement and the Commitment Letter. The Mayor, the City Manager, and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver to the Bank the Commitment Letter, the Funding Agreement and the Time
Deposit Agreement, each in substantially the form submitted to the Council at this meeting,
which form is hereby approved.
3. Details of the Bond. The Bond shall be issued in fully registered form; shall be
dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated
"General Obligation Qualified Zone Academy Bond (Fallon Park Elementary School), Series
2004; shall mature on the sixteenth anniversary of the Closing Date, subject to the provision of
Section 4 of this Resolution, and shall have such other terms and conditions as contained in the
form of the Bond attached as Exhibit A to the Funding Agreement. The Director of Finance of
the City is hereby appointed as the Bond Registrar and Paying Agent for the Bond.
4. Maturity Date; Other Provisions The City Manager is hereby authorized and
directed (a) to extend the final maturity date of the Bond, at the request of the Bank, to reflect the
longest maturity permitted under applicable law on the Closing Date for "qualified zone academy
bonds" within the meaning of Section 1397E of the Code, and (b) to approve changes to the
provisions of the Funding Agreement and the Time Deposit Agreement regarding the amount
and timing of the Qualified Annual Deposits into the Sinking Fund pursuant to the Funding
Agreement and the investment of such Qualified Annual Deposits pursuant to the Time Deposit
Agreement. In such event, the execution and delivery of the Bond as described in Section 8
hereof and of the Funding Agreement and the Time Deposit Agreement as described in Section 2
hereof shall conclusively evidence such maturity date as having been so extended, and such
changes to the Funding Agreement and Time Deposit Agreement as having been approved, all as
authorized by this Resolution.
5. .Designation as Qualified Zone Academy Bond On behalf of the City, the
Council hereby designates the Bond as a"quahfied' zone academy bond" for the purposes of
Section 1397E of the Code.
6. Form of the Bond. The Bond shall be initially in the form ora single typewritten
bond substantially in the form attached as Exhibit A to the Funding Agreement.
2
7. Prepayment. The Bond is not subject to prepayment at the option of the City.
8. Execution and Delivery of the Bond The Mayor or Vice Mayor and the Clerk
or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bond
and to affix the seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the
Bond and all payments under the Funding Agreement as the same shall become due, the full faith
and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be
outstanding there shall be levied and collected 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 subject to local taxation over and above all other taxes, authorized or limited by
taw and without limitation as to rate or amount, sufficient to pay when due the principal of,
premium, if any, and interest, if any, on the Bond and all other payments due under the Funding
Agreement (including each Qualified Annual Deposit) to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
10. Tax Compliance Certificate. The Mayor, the City Manager and such officer or
officers of the City as either may designate are hereby authorized and directed to execute a Tax
Compliance Agreement setting forth the expected use and investment of the proceeds of the
Bond and containing such covenants as may be necessary in order to show compliance with the
provisions of the Code and applicable regulations relating to the status of the Bond as a
"qualified zone academy bond" within the meaning of Section 1397E of the Code (a "QZAB").
The Council covenants on behalf of the City that (a) the proceeds from the issuance and sale of
the Bond, including any investment earnings thereon, will be invested and expended as set fo~h
in such Tax Compliance Certificate and that the City shall comply with the other covenants and
representations contained therein, and (b) the City will comply with the provisions of the Code to
the extent necessary to ensure that the Bond continues to qualify as a QZAB.
11. ~of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the City.
12. Further Actions. The members of the Council and all officers, employees and
agents of the City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Bond and any
such action previously taken is hereby ratified and confirmed.
13. Election Under Public Finance Act The Council hereby elects pursuant to
Section 15.2-2601 of the Virginia Code to issue the Bond under the Public Finance Act of 1991,
as amended, without regard to the requirements, restrictions or other provisions contained in the
Charter of the City or local or special act applicable to the City.
13. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract fi.om the minutes ora meeting of the City Council
held on December 20, 2004, and of the whole thereof so far as applicable to the matters referred
to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled
meeting and that, during the consideration of the foregoing resolution, a quorum was present,
and (b) that the attendance of the members and voting on the foregoing resolution was as
follows:
Present Absent Aye Nay Abstain
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Vice Mayor
M. Rupert Cutler
Alfred T. Dowe, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this d/ri' day of
December, 2004.
Clerk, City Virginia
4
COPY
December 9, 20,94
BankofAmerica
Bank of America
Middle Market Banking
VA8-840-02-02
PO Box 14111
302 S. Jefferson Street (2401
Roanoke, VA 24038-41 ! ~
City of Roanoke
Roanoke Virginia
Re: City of Roanoke, Virginia General Obligation Qualified Zone Academy Bond (Fallon Park
Elementary School), Series 2004
Ladies and Gentlemen:
This letter will evidence the commitment of Bank of Amedca, N.A (the "Ban~) to purchase the
City of RoanOke, Virginia General Obligation Qualified Zone Academy Bond (Fallon Park
Elementary School), Series 2004 (the "Bond") for $439,100. Thi..; commitment is subject to the
City of Roanoke, Virginia (the "City") maintaining a financial condition satisfactory to the Rank in
all respects prior to the purchase of the Bond.
This commitment will become effective upon your acceptance of this commitment letter, your
return of the executed copy of same to the Bank, and, subject to the conditions set forth herein,
a closing of the transaction in .a manner satisfactory to the Bank. "Closing", "close", or "closed",
as used herein, .";hall mean the execution and delivery to the Bank of all documentation required
by this commitment letter.
This commitment is subject tO the following terms and conditions:
Issuer:
Facility:
Purpose:
The City of Roanoke, Virginia
City of Roanoke, Virginia General Obligatiol Qualified Zone Academy
Bond (Fallon Park Elementary School), Series 2004
To provide funding for primary and second~.ry education improvements
through a Qualified Zone Academy Bond authorized by Section 1397E of
the Internal Revenue Code of 1986, as amended.
Bond Amount: ' $439,100
Purchase Price:
Coupon:
Funding:
Issue Date:
$439,100, representing 100% of par.
0%
The proceeds of the Bond will be fully funded at closing.
On or before December 31, 2004
Debt Service Fund: The City will be required to establish a Sinking Fund which will be held at
the Bank into which will be deposited on each Anniversary Date to and
including Matudty an Annual Deposit in an ~mount to be determined at
closing representing the annual sinking fund principal installment due on
the Bond under the Deposit Agreement. Th~.~ Bank as Owner will not
require collateral under the Deposit Agreement as long as the Bank is
Owner of the Bond.
The Deposit Agreement for the Sinking Fund will represent 16 equal
payments into a Bank of America, N.A. time deposit. Bank of America is
a bank within the Commonwealth and is an ~pproved institution for the
deposit of funds of the Commonwealth or other political subdivisions of
the Commonwealth. At maturity, the amounl~ in the Sinking Fund
(including investment earnings thereon) will ,~.~qual the stated Redemption
Price of the Bond.
Maturity:
16 years from closing, but in no event Ionge~ than the maxim um term
allowed by QZAB regulations.
Tax Credit Rate:
The tax credit rate received by the Bank durirlg the term of the Bond shall
be the Qualified Zone Academy Bond tax crE~dit rate published by the U.
S. Treasury Department as of the date of ac(::eptance of the commitment
letter.
Repayment
Schedule:
A principal payment of $439,100 will be due ~nd payable at Maturity of
the Bond. This payment witl be funded solel!,, by amounts on deposit in
the Sinking Fund.
Optional
Redemption:
The Bond shall not be subject to optional red,~mption prior to Maturity.
Security:
The Bond and the City's obligation to make annual Sinking Fund deposits
under the Deposit Agreement shall constitute a general obligation of the
City to which its full faith and credit shall be irrevocably pledged.
Rating:
The Bond shall not be rated.
Credit Ratings:
If the outstanding General Obligation credit r~::ting of the City of Roanoke
is reduced below "A-" or its equivalent by an!,, of the nationally recognized
rating agencies, then, upon the demand of th.~.~ Bank, the Annual Deposit
amount to the Debt Service Fund will increas,.~ based on a new imputed
investment rate of return equal to the original imputed investment rate of
return of % minus 0.50%, for as long as the n~ting continues below such
level.
Other:
Bond Counsel that is acceptable to the Bank will prepare and/or provide
the following documentation at the expense of the City:
· All ordinances and/or resolutions of the City and the City of Roanoke
· .School Board (the "School Board") nec6.ssary to authorize the
~ssuance and sale of the Bond.
All documentation, including a Funding/~greement and Tax
Compliance Agreement together with all other documents, legal
opinions and resolutions executed and ¢lelivered in connection with
the issuance of the Bond and required bl/the Bank and its counsel.
Evidence that the School Board has received written commitments
from private entities sufficient to satisfy tile 10 percent private
business contribution requirement.
Written certifications that the City and th~; School Board have satisfied
all of the other conditions required under federal and state law for the
valid issuance of the Bond and the exec~ltion and delivery of the
Funding Agreement and Deposit Agreement.
An opinion of Bond Counsel in customaq,, form and substance
providing among other things that (a) the Bond is validly authorized
and issued; (b) the Funding Agreement and Deposit Agreement have
been validly executed and delivered; (c) the Bond and the Payment
obligations under the Deposit Agreement constitute general
obligations of the City to which its full faith and credit are irre~,ocably
pledged; and (d) the Bond is a Qualified ;i:one Academy Bond within
the meaning of Section 1397E of the Internal Revenue Code of 1986,
as amended.
The Bank reserves the right to require additional due diligence
documentation.
Costs:
Failure To Pay:
Non-Assignability:
Consequential
Damages:
The Bank is not charging a fee with respect t(:, this commitment.
Upon acceptance of this commitment, the Cit',/agrees to pay all fees and
expenses, including but not limited to the fee.~i of the Bank's Counsel to
be capped at $2,500, in connection with the i.'~suance of this commitment
and the Bond whether or not such bonds are issued and sold to the Bank. '
Upon the failure to pay the Bond when due otller than due to a shortfall in
the earnings (including any loss of invested principal) on the investment
amount in the Sinking Fund made by the City with the Bank, the Bank
shall have all .remedies provided by Virginia law.
This commitment is not assignable and no party other than the City is
entitled to rely on this commitment.
In no event shall any party hereto b~ liable to .:~ny other party hereto for
indirect, special, or consequential damages, which may arise out of or are
in any way connected with the issuance of thi~; commitment.
Modifications:
No condition or other term of this Commitment may be waived or ~nod/fied
except by a writing signed by the City and the Bank This requirement of
a writing to waive ~r modify provisions of this commitment cannot itself be
waived or otherwise negated by any agreement or other conduct of the
parties, expressed or implied, other than by a writing to that effect signed
by both parties.
Applicable Law: This commitment shall be interpreted, const-ued, enforced, and governed
by the laws of the Commonwealth of Virg/ni~l.
Funding
Agreement: The Bank understands that the sale of the Bond is contingent upon
compliance with the conditions of the Fundin g Agreement.
Upon return by the City to the Bank of a fully-executed copy of this Commitment by December
21, 2004, this commitment will be considered accepted and will cor'stitute an agreement
obligating the Bani( to purchase and the City to sell the bonds described herein in accordance
with the terms and conditions set forth above. If the Bank does not receive the executed copy
by the date noted above, this letter shall terminate and be null and void.
Sincerely,
Mark D. Tanis
Vice President
Accepted this _ day of December, 2004
City of Roanoke, Virginia
By:_.
Title:
FUNDING AGREEMENT
Between
CITY OF ROANOKE, VIRGINIA
And
BANK OF AMERICA, N.A.
December 30, 2004
1
#894603~1
077826-00052-01
FUNDING AGREEMENT
THIS FUNDING AGREEMENT is made this 30th day of December 2004 (this
"Agreement"), between the CITY OF ROANOKE, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia (the "City"), and BANK OF AMERICA, N.A., a national banking
association organized under the laws of the United States, and its successors and assigns (the
"Bank").
RECITALS
A. On the date hereof (the "Closing Date"), the City will issue its General Obligation
Qualified Zone Academy Bond (Fallon Park Elementary School), Series 2004, in the principal
amount of $439,100 (the "QZAB").
B. Also on the Closing Date, the City will sell, and the Bank will purchase, the
QZAB pursuant to the terms and conditions ora Commitment Letter from the Bank, dated
December 9, 2004, and accepted by the City on December 21, 2004 (the "Commitment Letter"),
and this Agreement.
C. The City and the Bank have also determined to provide in this Agreement for,
among other things, certain payments to be made into a Sinking Fund for the QZAB and for the
redemption of the QZAB.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements
hereinafter contained, the City and the Bank covenant and agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. The capitalized terms contained in this Agreement shall have
the meanings set forth below unless they are otherwise defined herein or the context otherwise
requires:
"Agreement" means this Funding Agreement, together with any amendments or
supplements made to it in accordance with its terms.
2
"Anniversary Date" means each December 30, commencing December 30, 2005 and
continuing until and including December 30, 2020, or, if any such December 30 is not a Business
Day, the next preceding Business Day.
"Annual Deposit" means either (a) the amount of $__., if no Credit Reduction Event
has occurred and is continuing on an Anniversary Date or (b) upon demand of the Bank in the
event that a Credit Reduction Event has occurred and is continuing on an Anniversary Date, an
increased amount calculated by the Bank and provided to the City based on a new imputed
investment rate of return of %, which is equal to the original imputed investment return
of % minus .50%, and the City shall pay the applicable amount to the Bank on each
Anniversary Date.
"Business Day" means any day other than a Saturday or Sunday or a day on which banks
located in the City of New York, New York are authorized or required by law or executive order
to close.
"Code" means the Internal Revenue Code of 1986, as amended, and any successor
statute. Each citation to a Code section shall include the applicable Treasury Regulations,
revenue procedures and revenue rulings.
"Credit Reduction Event" means the reduction and continuation below "A- "or its
equivalent of the City's general obligation credit rating by any Of the nationally recognized rating
agencies at any time prior to the Maturity Date.
"Investment Agreement" means that certain Time Deposit Agreement dated as of the date
hereof between the City and the Bank.
"Maturity Date" means December 30, 2020, or if December 30, 2020, is not a Business
Day, the next preceding Business Day.
"Project" shall have the meaning set forth in the Tax Compliance Agreement.
"Qualified Annual Deposit" means any Annual Deposit that (a) is due and payable on or
before December 31, 2019, and (b) with respect to which the Bank has not provided prior notice
that the Bank has reasonably determined in good faith that the legal defeasance to be accorded to
the amount of the Annual Deposit under Section 6.3 represents a Significant Defeasance.
"QZAB Resolution" means Resolution No.
Council of the City on December 20, 2004.
-122004, which was adopted by the
"School Board" means the School Board of the City of Roanoke, a body corporate of the
Commonwealth of Virginia.
"Significant Defeasance" means any legal defeasance if, based on all facts and
circumstances, the legal rights or obligations that are altered and the degree to which they are
altered are economically significant within the meaning of Treas. Regs. §1.1001-3(e)(1). Under
Treas. Regs. § 1.1001-3, a change (in whole or in part) in the recourse nature ora debt
instrument (from recourse to nonrecourse) is a modification, even if the change occurs by
operation of the terms of the debt instrument.
"Sinking Fund" means the fund established pursuant to Section 6.1.
"Tax Compliance Agreement" means the Tax Compliance Agreement dated as of the
date hereof, between the City and the School Board, together with any amendments or
supplements made to it in accordance with its terms.
Section 1.2 Rules of Construction. The following rules shall apply to the construction
of this Agreement unless the context requires otherwise:
vice versa.
(a) Singular words shall connote the plural number as well as the singular and
(b) Words importing the redemption or calling for redemption of the QZAB shall not
be deemed to refer to or connote the payment of QZAB at its stated maturity.
(c) All references in this Agreement to particular Articles, Sections or Exhibits are,
references to Articles, Sections or Exhibits of this Agreement unless otherwise indicated.
(d) The headings and table of contents as used in this Agreement are solely for
convenience of reference and shall not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by the Bank. The Bank makes the following
representations as the basis for its undertakings under this Agreement:
(a) This Agreement and the Commitment Letter have been duly authorized, executed
and delivered by the Bank and constitute legal, valid and binding obligations of the Bank
enforceable against the Bank in accordance with their terms.
(b) The Bank represents that it is purchasing the QZAB for the purpose of making a
commercial loan to the City or for investment purposes only and that the Bank has no present
intention of reselling or disposing of the QZAB or engaging in any "distribution" thereof(as that
term is used in the Securities Act of 1933, as amended, and the regulations of the Securities and
Exchange Commission relating thereto); provided, however, that the Bank shall at all times have
the right to resell or otherwise dispose of all or a portion of the QZAB as permitted by law and
subject to applicable state and federal securities laws, regulations and rulings.
4
(c) The Bank is a knowledgeable and sophisticated investor and has sufficient
knowledge and experience in financial and business matters to be capable of evaluating the risks
and merits of the investment represented by the purchase of the QZAB. The Bank has made
sufficient inquiry and analysis with respect to the City and the QZAB and other material factors
affecting security for the QZAB and the ability of the City to pay the same.
Section 2.2 Representations by the City. The City makes the following representations
as the basis for its undertakings under this Agreement:
(a) The City is a duly created and validly existing municipal corporation of the
Commonwealth of Virginia and is vested with the rights and powers conferred upon it by
Virginia law.
(b) The City has full right, power and authority to (i) adopt the QZAB Resolution and
execute and deliver this Agreement, the Tax Compliance Agreement, the Investment Agreement
and the related documents, (ii) issue the QZAB and sell and deliver it to the Bank, (iii) undertake
the Project, and (iv) carry out and consummate all of the transactions contemplated by the QZAB
Resolution, this Agreement, the Commitment Letter, the Investment Agreement, the Tax
Compliance Agreement and the QZAB.
(c) This Agreement, the Commitment Letter, the Tax Compliance Agreement, the
Investment Agreement and the QZAB were duly authorized by the QZAB Resolution.
(d) All permits, licenses, registrations, certificates, authorizations and approvals required
to have been obtained as of the Closing Date have been obtained for (i) the City,s adoption of the
QZAB Resolution, (ii) the execution and delivery of this Agreement, the Commitment Letter, the
Tax Compliance Agreement, the Investment Agreement and the QZAB, (iii) the City's
performance of its obligations under this Agreement, the Tax Compliance Agreement, the
Investment Agreement, the Commitment Letter, and the QZAB, and (iv) the undertaking of the
Project. The City knows of no reason why any such permits or approvals cannot be obtained as
required in the future.
(e) This Agreement, the Commitment Letter, the Tax Compliance Agreement, the
Investment Agreement and the QZAB have been executed and delivered by duly authorized
officials of the City and constitute legal, valid and binding obligations of the City enforceable
against the City in accordance with their terms.
(f) There are not pending nor, to the best of the City's knowledge, threatened, any
actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or
legislative nature, in which a judgment, order or resolution may have a materially adverse effect
on the City or its business, assets, condition (financial or otherwise), operations or prospects or
on its ability to perform its obligations under this Agreement or the QZAB.
ARTICLE III
ISSUANCE, SALE AND PURCHASE OF THE QZAB
Section 3.1 Issuance, Sale and Purchase of the QZAR, The City agrees to issue and
sell and the Bank agrees to purchase the QZAB by paying to the City the amount of $439,100,
which is equal to 100% of the principal amount of the QZAB of $439,100. The City shall issue
the QZAB in substantially the form of Exhibit A hereto.
Section 3.2 Conditions Precedent to Purchase of the OZAB. The Bank shall not be
required to purchase the QZAB unless the Bank has received the following, all in form and
substance satisfactory to the Bank:
(a) Certified copies of all ordinances and resolutions of the City and the School
Board relating to this Agreement, the Tax Compliance Agreement, the Investment Agreement
and the QZAB.
(b) A fully executed and complete copy of the Tax Compliance Agreement and the
Investment Agreement, with all exhibits attached.
(c) An opinion of nationally-recognized bond counsel to the City in substantially the
form set forth in Exhibit B hereto.
ARTICLE IV
USE OF PURCHASE PRICE
Section 4.1 Transfer of Purchase Price. Provided the conditions set forth in Section 3.2
have been satisfied, the Bank shall pay to the City on the Closing Date the purchase price of the
QZAB specified in Section 3.1.
Section 4.2 Application of Purchase Pr/ce. The City agrees to apply the purchase price
of the QZAB in accordance with the Tax Compliance Agreement.
ARTICLE V
SECURITY FOR THE QZAB AND THIS AGREEMENT
Section 5.1 Pledge of Full Faith and Credit; State Aid Intercept (a) The City
hereby irrevocably pledges its full faith and credit for the payment of the principal of and
premium, if any, on the QZAB and the satisfaction of the City's obligations to make Qualified
Annual Deposits into the Sinking Fund under this Agreement. The Council of the City is
authorized to and shall 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 premium, if any, on the QZAB
and the obligation to make Qualified Annual Deposits into the Sinking Fund under this
Agreement to the extent other funds of the City are not lawfully available and appropriated for
such purpose.
(b) The City stipulates and agrees that each Qualified Annual Deposit represents a
payment of "principal" on a "general obligation bond" of the City within the meaning of Section
15.2-2659 of the Code of Virginia 1950, as amended. The City agrees that the Bank may take
any and all actions available to it under Section 15.2-2659 of the Code of Virginia 1950, as
amended, to secure payment of the principal of the QZAB and the Qualified Annual Deposits
provided for above, if payment of such amounts shall not be made when the same become due
and payable.
ARTICLE VI
ESTABLISHMENT, FUNDING AND INVESTMENT
OF THE SINKING FUND AND THE REDEMPTION OF THE QZAB
Section 6.1 Establishment of Sinking Fund. There is hereby established by the City of
Roanoke a Series 2004 QZAB Sinking Fund (the "Sinking Fund"). The Sinking Fund will be
held by the Bank in custody and in escrow for the benefit of the Bank and any other future
owners of the QZAB and is irrevocably pledged to secure the payment of the principal of the
QTAB.
Section 6.2 Funding and Investment of Sinking Fund On each Anniversary Date to
and including December 30, 2019, the City shall deposit with the Bank for investment pursuant
to the Investment Agreement an Annual Deposit. The Bank shall, immediately upon receipt,
credit to the Sinking Fund all Annual Deposits and interest earnings accruing thereon.
Section 6.3 Effect of Qualified Annual DePosits; Application of Sinking Fund. (a) The
Bank agrees that, upon the receipt of a Qualified Annual Deposit, a principal amount of the
QZAB equal to the amount of the Qualified Annual Deposit and interest earnings thereon shall
be deemed defeased and that the Bank will look only to the amounts in the Sinking Fund for
payment of such principal amount of the QZAB. The Bank agrees to accord such treatment to
each Qualified Annual Deposit and interest earnings thereon and the principal amount of the
QZAB associated with each such Qualified Annual Deposit notwithstanding any investment
losses or shortfalls in the Sinking Fund. The Bank shall assure that any subsequent registered
owner of the QZAB expressly acknowledges and agrees to be bound by the terms of this
subsection (a).
(b) The Bank shall apply the balance in the Sinking Fund to pay the principal of the
QZAB on the Maturity Date.
ARTICLE VII
MISCELLANEOUS
Section 7.1 Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 7.2 Amendments. The City and the Bank shall have the right to amend from
time to time any of this Agreement's terms and conditions, provided that all amendments shall be
in writing and shall be signed by or on behalf of the City and the Bank.
Section 7.3 Limitation of City's Liability. In the absence of fraud or misconduct, no
present or future director, official, officer, employee or agent of the City shall be liable
personally in respect of this Agreement or the QZAB or for any other action taken by such
individual pursuant to or in connection with the financing provided for in this Agreement or the
Section 7.4 Applicable Law. This Agreement shall be governed by Virginia law.
Section 7.5 Severability. If any clause, provision or section of this Agreement shall be
held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section
shall not affect the remainder of this Agreement which shall be construed and enforced as if such
illegal or invalid clause, provision or section had not been contained in this Agreement. If any
agreement or obligation contained in this Agreement is held to be in violation of l~w, then such
agreement or obligation shall be deemed to be the agreement or obligation of the City and the
Bank, as the case may be, only to the extent permitted by law.
Section 7.6 Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the QZAB or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed (a) if to the City,
at 215 Church Avenue, S.W., Roanoke, Virginia 24011, Attention: Director of Finance, or (b) if
to the Bank, at Commercial Banking, VA8-840-02-02, 302 S. Jefferson St., Roanoke, VA
24011. The City or the Bank may designate, by notice given hereunder, any further or different
addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other
communications shall be sent or persons to whose attention the same shall be directed.
Section 7.7 Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 7.8 Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the QZAB previously or simultaneously has been executed
and delivered. Except as otherwise specified, the City's obligations under the QZAB and this
Agreement shall expire upon payment in full of the QZAB and all other amounts payable by the
City under this Agreement.
Section 7.9 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
Section 7.10 Expenses of Bank. The City agrees to pay fi.om legally available and
appropriated funds all out-of-pocket expenses of the Bank in connection with its purchase of the
QZAB, including the fees and expenses of the Bank's counsel, up to a maximum of $2,500.
WITNESS the following signatures, all duly authorized.
CITY OF ROANOKE, VIRGINIA
By: _
City Manager
BANK OF AMERICA, N.A.
By:
Its:
EXHIBIT A TO FUNDING AGREEMENT, DATED AS OF DECEMBER 30, 2004,
BETWEEN THE CITY OF ROANOKE, VIRGINIA AND BANK OF AMERICA, N.A.
No. R-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION
QUALIFIED ZONE ACADEMY BOND
(FALLON PARK ELEMENTARY SCHOOL),
SERIES 2004
DATED DATE
MATURITY DATE
December 30, 2004
December 30, 2020
REGISTERED OWNER: BANK OF AMERICA, N.A.
PRINCIPAL AMOUNT:
FOUR HUNDRED THIRTY NiNE THOUSAND
ONE HUNDRED DOLLARS ($439,100)
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, acknowledges
itself indebted and promises to pay to the registered owner of this Bond or such owner's attorney
or legal representative the principal amount stated above on the maturity date set forth above (the
"Maturity Date") or upon prior redemption as provided below. The principal of and premium, if
any, on this Bond are payable in lawful money of the United States of America. This Bond shall
bear no interest.
The principal of and premium, if any, on this Bond are payable upon presentation and
surrender hereof at the office of the Director of Finance of the City, as Bond Registrar and
Paying Agent (the "Bond Registrar").
This Bond is issued under the authority of and in full compliance with the Constitution
and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the
Public Finance Act of 1991, Chapter 26 of Title, Virginia of 1950, as amended, and Resolution
No. - 122004 (the "QZAB Resolution") adopted by the Council of the City (the
"Council") on December 20, 2004.
The City is issuing this Bond and using the proceeds of the sale thereof, along with other
available City funds, to finance the renovation, rehabilitation and repair and/or equipping of
Fallon Park Elementary School.
A-1
The full faith and credit of the City are irrevocably pledged for the payment of the
principal of and premium, if any, on this Bond in accordance with its terms. The Council of the
City is authorized to and shall 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 premium, if any,
on this Bond to the extent other funds of the City are not lawfully available and appropriated for
such purpose. All references to the payment of this Bond and the security therefor shall be
deemed to include all of the City's obligation to make Qualified Annual Deposits as defined and
provided for in the Funding Agreement dated as of the dated date hereof (the "Funding
Agreement"), between Bank of America, N.A., and the City.
This Bond shall not be subject to optional redemption prior to maturity.
If the City fails to pay any Annual Deposit (that is not a Qualified Annual Deposit) on its
due date, the registered owner of this Bond, upon written notice to the City as provided in the
Funding Agreement, may cause this Bond to be redeemed in part at a redemption price equal to
the amount of the Annual Deposit then in default (which shall constitute a payment of principal
on this Bond for purposes of this paragraph), plus a premium equal to an amount, as reasonably
determined in good faith by the registered owner of this Bond, to be the registered owner's total
losses and costs in connection with the early redemption of such portion of the principal amount
of this Bond, including any loss of bargain, cost of funding or, without duplication, any loss or
cost incurred (expressed as a positive number) or gain realized (expressed as a negative number)
as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading
position.
The Bonds are issuable as fully registered bonds in denominations of $5,000 and integral
multiples thereof (except for one denomination which may be less than $5,000). Any Bond may
be exchanged for a like aggregate principal amount of Bonds of the same maturity of other
authorized denominations at the principal office of the Bond Registrar.
Upon surrender for transfer or exchange of this Bond at the principal office of the Bond
Registrar, the City shall execute and the Bond Registrar shall authenticate, and deliver in the
name of the registered owner and/or the transferee or transferees, as appropriate, a new Bond or
Bonds of any authorized denomination in an aggregate principal amount equal to, and of the
same form and maturity as this Bond, subject in each case to such reasonable regulations as the
Council and the Bond Registrar may prescribe. All Bonds presented for transfer or exchange
shall be accompanied by a written instrument or instruments of transfer or authorization for
exchange, in form and substance reasonably satisfactory to the Bond Registrar, duly executed by
the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No
Bond may be registered to bearer. Any such exchange or transfer shall be at the expense of the
City, except that the Bond Registrar may require payment by the person requesting such
exchange or transfer ora sum sufficient to cover any tax or other governmental charge which
may be imposed with respect to the exchange or transfer of this Bond.
A-2
The City may designate a successor Bond Registrar and/or Paying Agent, provided that
written notice specifying the name and location of the principal office of any such successor
shall be given to the registered owner of each of the Bonds. Upon registration of transfer of this
Bond, the Bond Registrar shall furnish written notice to the transferee of the name and location
of the principal office of the Bond Registrar and/or the Paying Agent.
The Bond Registrar shall treat the registered owner of this Bond as the person exclusively
entitled to payment of the principal of and premium, if any, on this Bond and the exemise of all
other rights and powers of the owner.
Notwithstanding anything contained in the foregoing, if the Maturity Date falls on a
Saturday or Sunday or a day on which banks located in the City of New York, New York are
authorized or required by law or executive order to close (a "Non-Business Day"), the Maturity
Date shall be on the next preceding calendar day that is not a Non-Business Day.
This Bond shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this
Bond have happened, exist or been performed in due time, form and manner as so required and
that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by
the Constitution and statutes of the Commonwealth of Virginia.
1N WITNESS WHEREOF, the Council of the City of Roanoke, Virginia, has caused this
Bond to be signed by the manual signature of the Mayor or Vice Mayor, the seal of the City to be
affixed hereon and attested by the manual signature of the Clerk or any Deputy Clerk of the
Council, and this Bond to be dated the dated date hereof.
CITY OF ROANOKE, ViRGINIA
By:
Mayor
City of Roanoke, Virginia
[SEAL]
ATTEST:
Clerk of the Council,
City of Roanoke, Virginia
A-3
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and does hereby irrevocably constitute and appoint
, attorney, to transfer said Bond on
the books kept for registration of said Bond, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
(NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such as
a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union
or Savings Association which is a
Member of a medallion program
approved by The Securities Association, Inc.)
(The signature above must correspond
with the name of the Registered Owner
as it appears on the books kept for
registration of this Bond in every
particular, without alteration or change.)
A-4
TIME DEPOSIT AGREEMENT
This Time Deposit Agreement, dated as of December 29, 2004 (the "Agreement"), is entered
into by and among Bank of America N.A., a national bank duly organized and existing under
and by virtue of the laws of the United States of America (the "Bank") and. the City of
Roanoke, Virginia, a municipal corporation of the Commonwealth of Virginia (the "Issuer').
WITNESSETH:
WHEREAS, the Issuer has entered into that certain Funding Agreement, dated December 29,
2004 (the "Funding Agreement -) and that certain Commitment Letter, dated December 9, 2004
with Bank of America, NA. regarding the pumhase of that certain $439,100 City of Roanoke,
Virginia General Obligation Qualified Zone Academy Bond (Fallon Park Elementary School),
Series 2004 (the "Bond") issued by the Issuer pursuant to that certain Resolution No.
:122004, adopted by the City Council of the Issuer on December 20, 2004 (the
"Resolution ");
WHEREAS, the Resolution provides for the payment of annual sinking fund payments,
as more fully set forth in the Resolution; ath
WHEREAS, the Resolution provides that such annual payments shall be deposited in the
Fund (as defined below) pursuant to the terms and provisions of the Funding Agreement;
WHEREAS, pursuant to the Funding Agreement, the Issuer has directed that such
amounts deposited in the Fund be invested in this Agreement; and
WHEREAS, the Bank is willing, on the terms and conditions set forth in this Agreement,
to accept such moneys as deposited by the Issuer and to provide a rate of tatum thereon as
specified heroin.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
herein contained, the Bank and the Issuer, intending to be legally bound hereby, agree as follows:
ARTICLE I DEHNITIONS.
As used herein, the following terms have the following meanings:
"Approved Wire Time" means 2:30 p.m., New York time.
"Bank" has the meaning set forth in the introductory paragraph or this Agreement.
"Bond" has the meaning set forth in the recitals of this Agreement.
"Business Day" means any day which is not a Saturday or Sunday or a day on which
#896912-1
077826-0~052 01
banks located in the City of New York, New York are authorized or required by law or executive
order to close.
"Credit Reduction Event" means the suspension, withdrawal or downgrade of the
Issuer's long-term unsecured credit rating below A3, A- or A- by S &P, Moody's or Fitch,
respectively, at any time prior to the Scheduled Termination Date.
"Dealer" means a leading dealer in the relevant markets.
"Dealer Certification" means a certificate, executed by a Dealer, representing that (i) the
Dealer is qualified and authorized to enter into an assignment of this Agreement; (ii) the Dealer
has reviewed the terms of the Agreement in full and has provided a bid to the Bank on the basis
of such terms; and (iii) upon the request of the Bark, the Dealer will accept an assignment of the
Issuer's rights and obligations under the Agreement in exchange for or by payment of the
amount of its bid.
"Deposit" means an amount equal to the sum of the Deposit Amounts deposited
hereunder on each Deposit Date, plus any Interest reinvested pursuant to Section 2.2.
"Deposit Amount" means with respect to each Deposit Date, the amount identified as a
Deposit Amount on Schedule I hereto.
"Deposit Date" means each date identified as a "Deposit Date" on Schedule I hereto.
"Early Termination Date" means the date on which this Agreement terminates prior to
the Scheduled Termination Date pursuant to the terms of Article IV.
"Event of Default" means:
(a) The Bank commences a case in bankruptcy relating to it, is adjudicated an
insolvent or bankrupt, petitions or applies for the appointment of any receiver or trustee
for itself or any substantial part of its property or initiates any proceeding relating to it
seeking a court order for reorganization, arrangement, conservation, liquidation, or
dissolution under applicable bankruptcy or similar applicable laws; or, any such
proceeding is initiated against the Bank and the Bank indicates in writing its consent
thereto or such proceeding is not dismissed or stayed within ninety (90) days or such an
order is entered against the Bank.
(b) Failure by the Bank to perform or observe any of its material obligations
under this Agreement and the continuation of such failure for five (5) Business Days or
more after written notice thereof is given by the Issuer to the Bank.
(c) Failure by the Issuer to transfer any Deposit Amount to the Bank on any
Deposit Date.
(d) A default, event of default or other similar condition or event (however
described), occurs in respect of the Issuer under the Resolution or Funding Agreement.
(e) The Issuer withdraws amounts from the Fund prior to the Scheduled
Termination Date.
(1) Failure by the Issuer to perform or observe any of its material obligations
under this Agreement (other than those described in clauses (c), (d) or (e) above) and the
continuation of such failure for five (5) Business Days or more after written notice
thereof is given by the Bank to the Issuer.
"Fitch" means Fitch, Inc.
"Fund" means the fund established pursuant to Section 6.1 of the Funding Agreement
and designated thereunder as the "Sinking Fund."
"Funding Agreement" has the meaning set forth in the recitals of this Agreement.
"Interest" means interest earned and accrued on the outstanding balance of the Deposit
in accordance with the provisions of Section 2.2 hereof.
"Interest Rate" has the meaning specified for that term on Schedule I hereto.
"Issuer" has the meaning set forth in the introductory paragraph of this Agreement.
"Loss" means an amount, as reasonably determined in good faith by the Bank, to be the
Bank's total losses and costs in connection with a delay in the Issuer's delivery of the applicable
Deposit Amount on any Delivery Date, including any loss of bargain, cost of funding or without
duplication, any loss or cost incurred as a result of its liquidating, obtaining or reestablishing any
hedge or related trading position.
'Moody's means Moody's Investors Service, Inc.
"Quotation" means a quotation from a Dealer of the amount, if any, that such Dealer
would demand to receive (expressed as a positive number) or would offer to pay (expressed as a
negative number) in consideration of such Dealer entering into an agreement with the Bank (with
such documentation as the Dealer and the Bank may in good faith agree) which would have the
effect of preserving for the Bank the economic equivalent of the parties' fights and obligations
under the Agreement for the period commencing on the Early Termination Date and terminating
on the Scheduled Termination Date (assuming for these purposes that this Agreement had not
terminated but had continued in full force through such date); provided that, any such quotation
shall not constitute a Quotation hereunder unless the Dealer shall have submitted, in connection
with such quotation, a Dealer Certification.
"Resolution" has the meaning set forth in the recitals of this Agreement.
#896912-1
077826-~052-01
"Scheduled Termination Date" has the meaning specified for that term on Schedule I
hereto.
"S&P" means Standard & Poor's Ratings Group, a division of McGraw Hill
Corporation.
"Termination Amount" means an amount, as reasonably determined in good faith by the
Bank, to be the Bank's total losses and costs in connection with a termination of this Agreement,
including any loss of bargain, cost of funding or without duplication, any loss or cost incurred
(expressed as a positive number) or gain realized (expressed as a negative number) as a result of
its terminating, liquidating, obtaining or reestablishing any hedge or related trading position;
provided, however, that the Issuer may, reasonably and in good faith, dispute the determination
by the Bank as to the Termination Amount by providing written notice to the Bank within three
(3) Business Days of such determination (the "Notice Period" and the date such notice is
provided, the "Notice Date"). Notwithstanding the foregoing, the parties hereby acknowledge
and agree that the Provider's determination of the Termination Amount calculated as set forth
above may change during said Notice Period in the event the market changes during such period.
On the Notice Date, the Bank shall in good faith solicit Quotations from at least three Dealers
reasonably acceptable to the Issuer. If at least three Quotations are provided, the Bank shall then
have the option to either: (i) accept the arithmetic mean of the Quotations as the Termination
Amount; or (ii) require the Issuer to assign, at the cost of the Issuer, its rights and obligations
under the Agreement to one of the Dealers providing Quotations; provided that (a) such
assignment must be pursuant to documentation that is reasonably acceptable to the Bank, and (b)
the Bank must receive such opinions and assurances as it reasonably requests in connection with
such assignment. In the event that the Bank is unable to obtain, three Quotations, the
determination of the Termination Amount as originally calculated by the Bank shall be the
Termination Amount.
"Termination Date" means the date on which this Agreement terminates, either on the
Scheduled Termination Date or an Early Term/nation Date.
ARTICLE II DEPOSIT OF FUNDS.
Section 2.1 The Deposit. On the terms and subject to the conditions set forth heroin, the
Issuer, by the Approved Wire Time on each Deposit Date, shall wire transfer the applicable
Deposit Amount, in immediately available funds, to the Bank in accordance with tie payment
instructions specified in Exhibit A hereto and the Bank shall accept such Deposit Amount. The
Bank may, but shall not be obligated to, accept a Deposit Amount on any date other than a
Deposit Date.
Section 2.2 Interest. Interest shall accrue daily on the Deposit as of the close of business
each day from and including the date of receipt thereof by the Bank to but excluding the earlier
of the Termination Date and the date remitted to the Issuer as provided herein, at the Interest
Rate, provided that no interest will accrue on or after the Termination Date. Interest accrued
hereunder shall be calculated on a 360-day year, consisting of twelve 30-day months. On each
Deposit Date and on the Termination Date, any and all such Interest that has accrued during the
immediately preceding year (or portion thereof in the case of the Termination Date) shall be
added to and reinvested as part of the Deposit.
Section 2.3 Wire Transfers. Amounts to be transferred hereunder to the Bank shall be
transferred by wire transfer of immediately available funds to the Bank's account as specified in
Exhibit A hereto or to such other account as the Bank shall so designate, such designation to be
made in writing not less than two (2) Business Days prior to the date of transfer. Amounts to be
paid hereunder by the Bank shall be transferred by wire transfer of immediately available funds
to the account designated by the Issuer in Exhibit A or to such other account as the Issuer shall
so designate, such designation to be made in writing not less than two (2) Business Days prior to
the date of transfer. Any fees or costs associated with the transfer of funds hereunder shall be
paid by the transferor of the funds.
Section 2.4 Required Notices. In addition to all other notices required hereby, the Issuer
shall give the Bank (a) a copy of each statement furnished by the Issuer pertaining to the Fund
promptly following the date on which such statement is so furnished, (b) notice of any
amendment to the Resolution or Funding Agreement which affects th Fund and (c) notice of any
default under the Resolution or Funding Agreement or with respect to the Bond of which it has,
or is deemed to have, notice. The Bank shall provide the Issuer with monthly statements listing
the outstanding principal amount of the Deposit and the Interest thereon. The Issuer further
agrees that no proposed modification, amendment or waiver of any provision of the Resolution
or Funding Agreement shall be adopted which has the effect of increasing the Bank's exposure
or obligations under this Agreement without the prior written consent of the Bank.
ARTICLE III TERMINATION.
This Agreement shall terminate on the Scheduled Termination Date, unless earlier
terminated in accordance with its terms. If not earlier repaid in full pursuant to the terms hereof,
the balance of the Deposit, together with all accrued and unpaid Interest thereon, shall be repaid
in full by the Bank to the Issuer on the Scheduled Termination Date.
ARTICLE IV DEFAULT.
Upon the occurrence of an Event of Default under clause (b) of the definition of "Event
of Default, "the Issuer the shall have the right to declare the entire balance of the Deposit and all
accrued and unpaid Interest thereon to be due and payable upon the Bank's receipt of written
notice from the Issuer. Upon the occurrence of an Event of Default under clause (a) of the
definition of "Event of Default," the entire balance of the Deposit and all accrued and unpaid
Interest thereon shall immediately become due and payable without notice of any kind. If, as a
result of the occurrence of an Event of Default, the entire balance of the Deposit and all accrued
and unpaid Interest are withdrawn by the Issuer this Agreement shall be deemed to have
terminated on the date of such withdrawal.
Upon the occurrence of an Event of Default under clauses(c), (d), (e) or (I) of the
definition of "Event of Default, "the Bank shall have the fight to terminate this Agreement, upon
written notice to the Issuer, and if (i) the Termination Amount is a positive number, make
demand upon the Issuer for the payment of and the Issuer shall pay to the Bank within one (1)
Business Day of such demand the Termination Amount and (ii) the Termination Amount is a
negative number, pay the absolute value of such amount to the Issuer; provided, however, to the
extent the default arises under clause (c) of the definition of "Event of Default," in no event shall
the Bank terminate this Agreement unless the Issuer fails to "Cure" such default. For the
purposes of this provision, "Cure" shall mean: (i) the delivery of the applicable Deposit Amount
to the Bank in accordance with Section 2.1 hereof; and (ii) the payment to the Bank of any Loss
incurred by the Bank as a result of the Issuer's failure to deliver the applicable Deposit Amount
on the applicable Deposit Date, both within ten (10) days of the applicable Deposit Date.
ARTICLE V CREDIT REDUCTION EVENT
Notwithstanding Section 9.1 hereof, upon the occurrence of a Credit Reduction Event, the parties
shall be deemed to have modified and amended the Deposit Amount on Exhibit A hereto such
that the revised Deposit Amount generates an amount of $439,100. taking into account the
balance of the Deposit as of the date of the Credit Event Reduction and the change in the Interest
Rate.
Absent manifest error, such modification and amendment of the Deposit Amount by the Bank
shall be binding on the parties hereto upon notice from the Bank and shall not require the consent
or approval of the Issuer.
ARTICLE VI REPRESENTATIONS AND WARRANTIES.
Section 6.1 Bank Representations and Warranties. The Bank represents and warrants to
the Issuer that: (i) it is duly authorized to enter into this Agreement and the transactions
contemplated hereby; (ii) this Agreement constitutes a legal, valid and binding obligation of the
Bank enforceable against it in accordance with its terms, subject to bankruptcy, insolvency and
similar laws affecting creditors' rights generally, and subject further as to enforceability, to
general principles of equity; (iii) the Bank is a bank within the Commonwealth of Virginia that is
approved for the deposit of funds of the Commonwealth or other political subdivision of the
Commonwealth; and (iv) the execution, delivery and performance of this Agreement by the Bank
does not and will not result in a breach or violation of, or cause a default under, its charter or by-
laws or any provision of any law, regulation, order, license, decree, judgment or agreement
applicable to or binding upon the Bank or its assets.
Section 6.2 Issuer Representations and Warranties. The Issuer represents and warrants to
the Bank that: (i) it understands that this Agreement has not been nor will be registered under the
Securities Act of 1933, as amended (the "Securities Act"), or any other applicable securities law
(including the Blue Sky laws of any state) and that this Agreement may not be offered, sold,
transferred, pledged, hypothecated or otherwise disposed of, unless either registered pursuant to,
or exempt from registration under, the Securities Act and any other applicable securities laws;
provided, however, that this clause (i) shall not apply to any pledge or grant of the Fund on
#896912-1
077826-0~52-01
behalf of bondholders (the "Bondholders"); (ii) it understands that neither the Bank nor any
person representing the Bank has made any representation to it with respect to the Bank or the
offering or sale of this Agreement other than as expressly set forth herein; (iii) the legend set
forth in Section 9.11 hereof has been called to its attention; (iv) it is duly authorized to enter into
this Agreement and the transactions contemplated hereby; (v) this Agreement constitutes a legal,
valid and binding obligation of the Issuer enforceable against it in accordance with its terms,
subject to bankruptcy, insolvency and similar laws affecting creditors' rights generally, and
subject further as to enforceability, to general principles of equity; (vi) the execution, delivery
and performance of this Agreement by the Issuer does not and will not result in a breach or
violation of, or cause a default under, its charter or by. law; or any provision of any law,
regulation, order, license, decree, judgment or agreement applicable to or binding upon the Issuer
or its assets; (vii) it is not entitled to claim, and shall not assert any claim, with respect to itself or
its revenues, assets or property (irrespective of the use or intended use thereof), of immunity on
the grounds of sovereignty or similar grounds from suit, jurisdiction of any court, relief by way
of injunction, order for specific performance or for recovery of property, attachment of its assets
(whether before or after judgment, and aid in execution, or otherwise) and execution or
enforcement of any judgment to which it or its revenues or assets or property might otherwise be
entitled in any suit, action or proceeding relating lo this Agreement in the courts of any
jurisdiction, nor may there be attributed to the Issuer or its revenues, assets or property any such
immunity (nor shall such attribution be claimed by the Issuer); (viii) it is not entering into this
Agreement with a view to any distribution hereof or thereof in violation of the Securities Act or
any other applicable securities law. The Issuer further represents and warrants to the Bank that:
(i) all moneys that the Issuer invests with the Bank pursuant to this Agreement shall be derived
from the Fund; and (ii) it is authorized to enter into this Agreement and to make the Deposit
Amounts as contemplated by this Agreement.
ARTICLE VII ROLE OF THE BANK.
It is expressly understood and agreed that in performing its obligations hereunder, neither
the Bank nor any of its directors, officers, employees, agents or affiliates make any
representation or warranty with respect to, nor shall any of them be liable or responsible for, (i)
the Qualified Zone Academy Bond status of the Bond, (ii) the payment of any amounts owing on
or with respect to the Bond; (iii) the use or application by the Issuer of any moneys payable to
the Issuer hereunder; (iv) any acts or omissions of the Issuer or the parties to the Resolution or
any other agreement or instrument with respect to the Bond; (v) the validity or enforceability of
the Bond or the Resolution or any other agreement or instrument with respect to the Bond; (vi)
the Issuer's performance of its obligations under this Agreement, the Bond or the Resolution or
any other agreement or instrument with respect to the Bond; (vii) the effect of the negotiation,
delivery and performance by the Bank of this Agreement on the Qualified Zone Academy Bond
status of the Bond; (viii) any charges, impositions or penalties arising from the performance of
its obligations in accordance with the terms of this Agreement; and (ix) any other matter relating
to any of the foregoing. Without limiting the foregoing, regardless of whether the Bank has
reviewed the Resolution or is generally familiar with the terms of bond resolutions of a similar
type, the Bank shall have no duty to comply with the terms of the Resolution or to ascertain
whether the Issuer is in compliance therewith. The Bank (or its affiliates) may have other
#896912-1
077826-00052-01
business relationships with the Issuer and with other entities or persons party to other agreements
or instruments with respect to the Bond. For purposes of this Agreement, it shall not be necessary
for the Bank to segregate or otherwise separately identify or account for the Deposit. The Bank
shall maintain complete and accurate records identifying the Deposit.
ARTICLE VIII CLOSING CONDITIONS
On or prior to the date hereof, the following shall occur:
(a) delivery to the Bank of a copy of the Resolution and the Funding Agreement, certified
by a duly authorized officer of the Issuer as being a tree and correct copy in full force and effect
on the date hereof;
and
(b) delivery to the Issuer of an opinion of counsel to the Bank, in the form of Exhibit B;
(c) delivery to the Bank of an opinion of counsel to the: Issuer, in the form of
Exhibit C.
ARTICLE IX MISCELLANEOUS.
Section 9.1 No Waiver. No failure or delay on the part of the Bank or the Issuer in
exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single
or partial exercise of any such right or remedy preclude any other right or remedy. The rights and
remedies of the Bank and the Issuer hereunder are cumulative and are not exclusive of any rights
or remedies provided by law or equity or in any other contract between the Issuer and the Bank.
None of the terms or provisions of this Agreement may be waived, modified or amended, except
in writing duly executed by the Bank and the Issuer.
Section 9.2 Survival. All warranties and representations made by the Issuer or the Bank in
this Agreement or in any of the instruments or documents delivered pursuant to this Agreement
regardless of any investigation made shall be considered to have been relied upon by the other
parties hereto and shall survive the delivery of any instruments or documents.
Section 9.3 Successors and Assigns. This Agreement and all obligations and rights arising
hereunder shall inure to the benefit of and be binding upon the parties hereto and their respective
successors, assigns and beneficiaries. Notwithstanding the foregoing, this Agreement, and the
obligations and rights arising under this Agreement or any part hereof, may not be sold, pledged
or assigned or otherwise transferred by the Bank or the Issuer without the prior written consent
of the other party hereto and any such attempted sale, pledge, assignment or transfer shall be
void ab initio. Notwithstanding anything contained herein this Section 9.3 to the contrary, the
Bank shall be permitted to transfer this Agreement and its interests and obligations hereunder
without the consent of the Issuer to any subsidiary or affiliate of the Bank, or to any office,
branch, or subsidiary of any affiliate of the Bank by giving written notice to the Issuer of such
transfer and the name of the transferee.
#896912-1
07782~0~052-01
Section 9.4 Delivery of Deposit Notice. The Issuer hereby covenants and agrees to deliver
to the Bank a deposit notice, in the form of Exhibit D hereto no later than 5:00 p.m. eastern
standard time at least one (1) Business Day prior to each Deposit Date.
Section 9.5 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New York without giving effect to the conflict of laws
principles thereof; provided, however, the authority and capacity of the Issuer to enter into this
Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia without giving effect to the conflict of laws principles thereof.
Section 9.6 Severability of Provisions. If any one or more of the provisions contained in
this Agreement is declared invalid, illegal or unenforceable in any respect, the validity legality
and enforceability of the remaining provisions contained herein shall not in any way be affected
or impaired thereby.
Section 9.7 Counterparts. This Agreement may be executed in several counterparts and,
as so executed, shall constitute one agreement binding upon the parties hereto.
Section 9.8 Integration of Terms. This Agreement, including Schedule 1 and all Exhibits
hereto, contains the entire agreement among the parties relating to the subject matter hereof and
supersedes all oral statements and prior writings with respect thereto.
Section 9.9 Interpretation. The headings of the articles and sections hereof are for
convenience of reference only and shall not affect the meaning or construction of any provision
hereof.
Section 9.10 Notices. All
notices, requests, demands and other communications hereunder shall be in writing and shall be
deemed to have been duly given upon delivery if delivered by hand or overnight courier (against
receipt), or as of the date of delivery shown on the receipt if mailed at a post office in the United
States by registered or certified mail, postage prepaid, return receipt requested, or as of the date
of acknowledgment if transmitted by facsimile transmission or other telecommunication
equipment, in any case addressed to the attention of any of the persons listed on Exhibit A
hereto, or at such other address or to the attention of such other persons as such party shall have
designated to the other parties hereto in a written notice. Any notices given by facsimile
transmission or other telecommunication equipment shall be orally confirmed by the sender
immediately after such notice is transmitted.
Section 9.11 Legend. THIS AGREEMENT HAS NOT BEEN NOR WILL BE
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE
"SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE OR TERRITORY,
AND THIS AGREEMENT MAY BE SOLD, TRANSFERRED OR ASSIGNED ONLY AS
PERMITTED HEREUNDER AND ONLY IF REGISTERED PURSUANT TO THE
SECURITIES ACT AND OTHER APPLICABLE SECURITIES LAWS, OR IF AN
#896912-1
077826-C0052 01
EXEMPTION FROM REGISTRATION IS AVAILABLE. BY ITS EXECUTION OF THIS
AGREEMENT, THE ISSUER AGREES THAT THIS AGREEMENT ES BEING ACQUIRED
FOR INVESTMENT AND NOT WITH A VIEW TO, OR FOR SA! ,E IN CONNECTION
WITH, THE PUBLIC DISTRIBUTION THEREOF. THE BANK HEREBY CALLS THE
ATTENTION OF THE ISSUER TO THIS SECTION.
Section 9.12 No Third Party Beneficiaries. Nothing expressed or implied herein is
intended or shall be construed to confer upon any person (other than the parties hereto and their
successors and permitted assigns), any right, remedy or claim by reason of this Agreement or any
term hereof, and all terms contained herein shall be for the sole and exclusive benefit of the
parties hereto and their successors and permitted assigns.
Section 9.13 No FDIC Insurance. The deposit made pursuant to this Agreement is
not insured by the Federal Deposit Insurance Corporation.
Section 9.14 Reserved.
Section 9.15 Broker's Fee. The parties hereby acknowledge and agree that no brokerage
or other similar fees will be paid by the Provider in connection with the transactions described in
this agreement.
[SIGNATURE PAGE FOLLOWS]
#896912-1
077826-00~52-01
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered as of the date first written above.
CITY OF ROANOKE, VIRGINIA
By:
City Manager
BANK OF AMERICA, N.A.
By:
Title:
#896912-1
077826-000524)1
10
SCHEDULEI
Deposit Date Deposit
Amount
12/_/05 [TBA]
12/_/06
12/ /07
12/ /O8
12/_/09
12/ /10
12/_/11
12/ /12
12/ /13
12/ /14
12/ /15
12/_/16
12/ /17
12/ /18
12/ 119
12/_/20
Interest Rate:
%; provided, however, upon the occurrence of a
Credit Event Reduction, the Interest Rate shall
be %
Scheduled Termination Date:
December_, 2020, or if such day is not a Business
Day, the next preceding Business Day.
EXH~IT A
Address for Notices:
Bank:
Bank of America N.A.
Bank of America Interstate Tower
NC 1-005-10-05
121 West Trade Street, l0th Floor
Charlotte, North Carolina 28255
Attention: Reinvestment and Risk Management Group
Telephone: (704) 388-4624
Telecopy: (704) 388-6963
Wire instructions for Bank of America N.A.:
Bank of America
ABA// 026009593
Account Number: 6550-219386
Issuer:
City of Roanoke, Virginia
215 Church Avenue S.W.
Roanoke, Virginia 24011
Attention: Treasurer
Telephone: (540) 853-2561
Telecopy: (540) 853-1019
Wire instructions for the Issuer:
Bank: Wachovia Bank, National Association
ABA#: 051400549
Account Name: City of Roanoke Consolidated Account
Account Number: 2001007418883
Contact: Evelyn Powers, City Treasurer
//896912-1
O77826-00052-01
EXHIBIT B
[Opinion of Internal Counsel to the Bank]
December 29, 2004
Mayor and City Council
City of Roanoke, Virginia
Re~
$439,100 City of Roanoke, Virginia General Obligation Qualified Zone Academy Bond
(Fallon Park Elementary School), Series 2004
Ladies and Gentlemen:
I have acted as counsel to Bank of America, N.A. (the "Bank') in connection with its
execution and delivery of the Time Deposit Agreement, dated as of December 29, 2004 (the
"Agreement"), between the Bank and the City of Roanoke, Virginia, a municipal corporation of
the Commonwealth of Virginia (the "Issuer").
In rendering this opinion, I have examined, or had examined on my behalf, among other
things, a copy of the Agreement and originals or copies satisfactory to me of all such corporate
records, agreements, bonds and other documents as I have deemed relevant and necessary as a
basis for the opinions hereinafter expressed. In such examination, I have assumed the
genuineness of all signatures, the authenticity of all documents submitted to me as originals, and
the conformity with the authentic original documents of all documents submitted to me as
copies.
In giving the opinions expressed below I do not purport to be expert in or generally
familiar with or qualified to express legal opinions based on the laws of any jurisdiction other
than the laws of the State of New York and applicable laws of the United States and the opinions
expressed herein are so limited to those laws.
Based upon the foregoing examination and review, I am of the opinion that:
(i)
The Bank is a national bank and has full legal right, power and authority to enter
into the Agreement and to perform its obligations thereunder.
(ii) The Agreement has been duly authorized, executed and delivered by the Bank.
(iii)
Assuming due authorization and execution by the Issuer, the Agreement
constitutes the legal, valid and binding obligation of the Bank, enforceable against
it in accordance with the terms thereof, subject to applicable bankruptcy,
insolvency, receivership and similar laws affecting creditors' rights generally, and
subject, as to enforceability, to general principles of equity (regardless of whether
enforcement is sought in a proceeding in equity or at law.
077826-00052-01
I am furnishing this opinion solely for the benefit of the Issuer and no other person is
entitled to rely hereon. This opinion is not to be used, circulated, quoted or otherwise referred to
for any other purpose.
Very truly yours,
#896912-1
077826-0~O52-01
EXHIBIT C
[Opinion of Counsel to the Issuer]
December 29, 2004
Bank of America, N.A.
Bank of America Interstate Tower
NC 1-005-10-05
121 West Trade Street, 10th Floor
Charlotte, North Carolina 28255-0001
Re: $439,100 City of Roanoke, Virginia General Obligation Qualified Zone Academy Bond
(Fallon Park Elementary School), Series 2004
Ladies and Gentlemen:
We have acted as counsel to the City of Roanoke, Virginia, a municipal corporation of
the Commonwealth of Virginia (the "Issuer") in connection with its execution and delivery of the
Time Deposit Agreement, dated as of December 29, 2004 (the "Agreement"), between the Issuer
and Bank of America, N.A., a national banking association (the "Bank"-'. Capitalized terms
used herein and not defmed herein have the respective meanings given to therii in the
Agreement.
In rendering this opinion, we have examined, among othe:r things, copies of the Agreement,
Resolution No. - 122004, adopted on December 20, 2004 by the City Council of the City of
Roanoke, Virginia (the "Resolution") and the Funding Agreement, dated as of December 29,
2004, by and between the Issuer and the Bank (the "Funding Agreement" and collectively with
the Agreement and the Resolution, the "Agreements").
In connection with the foregoing, we have also examined originals or copies satisfactory
to us of all such corporate records, agreements, certificates and other documents as we have
deemed relevant and necessary as a basis for the opinions hereinafter expressed. In such
examination we have assumed the genuineness of all signatures, the authenticity of all
documents submitted to us as originals, and the conformity with the original documents of all
documents submitted to us as copies.
We express no opinion as to the laws of any jurisdiction other than the laws of the
Commonwealth of Virginia (the "Commonwealth") and the laws of the United States of
America.
Based upon the foregoing examination and review, we are of the opinion that:
(i) The Issuer has full legal right, power and authority to enter into the
Agreements.
(ii) The Resolution has been duly adopted by the Council of the Issuer and the
Agreements have been duly authorized, executed and delivered by the Issuer.
(iii) Assuming for purposes of the opinion expressed in this paragraph (iii) that the
Agreements were governed by and construed in accordance with the laws of the
Commonwealth, each of the Agreements is a legal, valid and binding obligation of the
Issuer, enforceable against it in accordance with the terms thereof, including, without
limitation, the obligation to pay any Termination Amount, subject to applicable
bankruptcy, insolvency and similar laws affecting creditors' rights generally, and subject,
as to enforceability, to general principles of equity (regardless of whether enforcement is
sought in a proceeding in equity or at law).
(iv) The Issuer's execution and delivery of the Agreements and the performance
of its obligations thereunder do not and will not conflict with or constitute or result in a
default under, a breach or violation of, or the creation of any lien or encumbrance on any
of its property, or any other agreement, instrument, judgment, injunction or order
applicable to it or any of its property.
(v) The Issuer is not entitled to claim sovereign or governmental immunity
with respect to itself or its revenues or assets (irrespective of their use or intended use)
from (i) suit, (ii) jurisdiction of any court, (iii) relief by way of injunction, order for
specific performance or for recovery of property, (iv) attachment of its assets (whether
before or after judgment) or (v) execution or enforcement of any judgment to which it or
its revenues or assets might otherwise be made subject to in any suit, action or
proceedings relating to the Agreement brought in the courts of any jurisdiction and no
such immunity (whether or not claimed) may be attributed to such party or its revenues or
assets.
(vi) All consents, authorizations and approvals requisite for the Issuer's execution,
delivery and performance of the Agreements have been obtained and remain in full force
and effect and all conditions thereof have been duly complied with, and no other action
by, and no notice to or filing with, any governmental authority, regulatory body or any
other entity is required for such execution, delivery or performance.
We are furnishing this opinion to you solely for your benefit and no other person is
entitled to rely hereon. This opinion is not to be used, circulated, quoted or otherwise referred to
for any other purpose.
Very truly yours,
EXHIBIT D
DEPOSIT NOTICE
Bank of America, N.A.
Bank of America Interstate Tower
NC 1-005-10-05
121 West Trade Street, l0th Floor
Charlotte, North Carolina 28255-0001
Re: $439,100 City of Roanoke, Virginia General Obligation Qualified Zone Academy Bond
(Fallon Park Elementary School), Series 2004
Attention:
Pursuant to Section 9.4 of the Time Deposit Agreement dated as of December 29, 2004 (the
"Agreement"), between the undersigned and Bank of America, N.A., a national banking
association (the "Bank"), the undersigned hereby certifies that it intends to deposit with the
Bank,S[ ion[ ].
City of Roanoke, Virginia
By:
Name:
Title:
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'uginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E~mail: clerk @ ci.roanokc.va.u s
December 28, 2004
File #15-110-200
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Robert B. Manetta
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 20, 2004, you were reappointed as a member of the City
Planning Commission, for a term commencing January 1, 2005 and ending
December 31, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing cOPy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Robert B. Manetta
December 28, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the City Planning Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the twentieth day of December, 2004, Robert B.
Manetta was reappointed as a member of the City Planning Commission, for a
term commencing January 1, 2005 and ending December 31, 2008.
Given under my hand and the Seal of the City of Roanoke this twenty-
eighth day of December, 2004.
City Clerk
MARY E PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, xruginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mai]: clerk @ ci.roanoke.va.us
December 28, 2004
File #15-110-200
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Richard A. Rife
1416 Sherwood Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 20, 2004, you were reappointed as a member of the City
Planning Commission, for a term commencing January 1, 2005 and ending
December 31, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Richard A. Rife
December 28, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the City Planning Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the twentieth day of December, 2004, Richard A.
Rife was reappointed as a member of the City Planning Commission, for a term
commencing January :1, 2005 and ending December 3:1, 2008.
Given under my hand and the Seal of the City of Roanoke this twenty-
eighth day of December, 2004.
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2 t 5 Church Avenue, S.W., Room 456
Roanoke, xru~ginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.u s
December 28, 2004
File #15-110-200
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Ms. Paula L. Prince
550 Mountain Avenue, S.W.
Roanoke, Virginia 24016
Dear Ms. Prince:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 20, 2004, you were reappointed as a member of the City
Planning Commission, for a term commencing January 1, 2005 and ending
December 31, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 23.5 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Ms. Paula L. Prince
December 28, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the City Planning Commission.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the twentieth day of December, 2004, Paula L. Prince
was reappointed as a member of the City Planning Commission, for a term
commencing January 1, 2005 and ending December 31, 2008.
Given under my hand and the Seal of the City of Roanoke this twenty-
eighth day of December, 2004.
City Clerk
MARY £. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanok¢.va.us
December 28, 2004
File #15-110-200
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Fredrick M. Williams
3725 Sunrise Avenue, N. W.
Roanoke, Virginia 24012
Dear Mr. Williams:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 20, 2004, you were reappointed as a member of the City
Planning Commission, for a term commencing January 1, 2005 and ending
December 31, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Fredrick M. Williams
December 28, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the City Planning Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the twentieth day of December, 2004, Fredrick M.
Williams was reappointed as a member of the City Planning Commission, for a
term commencing January l, 2005 and ending December 3~., 2008.
Given under my hand and the Seal of the City of Roanoke this twenty-
eighth day of December, 2004.
City Clerk
MARY F, PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, VirginJ. a 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 28, 2004
File #15-72-110-353
Ms. Carol D. Tuning
312 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Tuning:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 20, 2004, you were reappointed as a member of the Fifth
Planning District Disability Services Board for a term ending January 31, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Ms. Carol D. Tuning
December 28, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Fifth Planning District Disability Services Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Pc:
Stephanie M. Moon, CMC, Deputy City Clerk
Roslyn J. Kingery, Administrative Support, Fifth Planning District Disability
Services Board, P. O. Box 173, Salem, Virginia 24153
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the twentieth day of December, 2004, Carol D.
Tuning was reappointed as a member of the Fifth Planning District Disability
Services Board, for a term ending January 31, 2008.
eighth day of December, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 27, 2004
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36925-122004 rezoning certain property
described as 12 tracts of land and rights-of way lying at the intersection of Wonju
Street and Franklin Road, S. W., consisting of 10.706 acres, more or less; a.31 acre
portion of right-of-way owned by Norfolk Southern Corporation; and a .30 acre
portion of right-of-way owned by the Commonwealth of Virginia, from C-2, General
Commercial District, C-2, General Commercial District, with conditions, and LM,
Light Manufacturing District, to INPUD, Institutional Planned Unit Development
District, subject to proffers contained in the Fourth Amended Petition filed in the
Office of the City Clerk on November 23, 2004.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Maryellen F. Goodlatte
December 27, 2004
Page 2
pc:
Hemraj Trading Company, 5848 Old Locke Court, Roanoke, Virginia 24018
Mr. and Mrs. Cecil R. Hodges, Jr., 2024 Winston Avenue, S. W., Roanoke,
Virginia 24014
Mr. and Mrs. Richard A. Dearing, P. O. Box 8224, Roanoke, Virginia 24014
Norris, Inc., P. O. Box 12308, Roanoke, Virginia 24024
Commonwealth of Virginia, 215 Church Avenue, S. W., Room 250, Roanoke,
Virginia 24011
TBC Associates, LLP, 2580 Broadway Street, S. W., Roanoke, Virginia 24014
Fulton Properties, LLC, 2525 Franklin Road, S. W., Roanoke, Virginia 24014
Evelyn Lewis Cayton Revocable Trust, 3630 Parkwood Drive, S. W., Roanoke,
Virginia 24018
HSWEnterprises, P.O. Box21535, Roanoke, Virginia 24018
Mr. and Mrs. Michael J. Paplomatas, 5065 Williamsburg Court, Roanoke,
Virginia 24018
Mr. Harry Gerald Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091
Mr. and Mrs. K. Wayne Booth, 2326 Franklin Road, S. W., Roanoke, Virginia
24014
Mr. and Mrs. Samuel M. Garst, 378 Calypso Road, Moneta, Virginia 2412:~-
5343
Mr. Mack D. Cooper, II, 1410 Main Street, S. W., Roanoke, Virginia 24015
Adnil Properties, LLC, 3613 Peakwood Drive, Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson
Avenue, S. W., Roanoke, Virginia 24014
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36925-122004.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet Nos. 115 and 127, Sectional 1976 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, on December 5, 2002, Bland A. Painter, III, Betty J. Painter, and FR-1
Investments, LLC filed an application to the Council of the City of Roanoke to rezone 7.92 acres,
more or less, identified as Official Tax Nos. 1272504, 1272505, 1150103, and a portion of 1150106,
from LM, Light Manufacturing District, to C-2, General Commemial District, with proffers, which
property was rezoned by the adoption of Ordinance No. 36184-121602, adopted December 16, 2002;
WHEREAS, on July 28, 2004, The Branch Family, LLC filed an application to the Council of
the City of Roanoke to rezone certain property located at 2203 Franklin Road, S.W., identified as
Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax
Nos. 1150102 and 1150112, from LM, Light Manufacturing District, to C-2, General Commercial
District, with proffers, which property was rezoned by the adoption of Ordinance No. 36862-092004;
and
WHEREAS, Bland A. Painter, m, Betty J. Painter, and FR-1 Investments, LLC have made
application to the Council of the City of Roanoke to have twelve (12) tracts of land and rights-of-
ways lying and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., consisting of 10.706 acres, more or less, identified as Official Tax Map Nos.
1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and
1150109, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a .30 acre
portion of right-of-way owned by the Commonwealth of Virginia, rezoned from C-2, General
Commercial District, C-2, General Commercial District, with conditions, and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development 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 heating on the matter, has made its recommendation to Council;
WHEREAS, a public heating was held by City Council on such application at its meeting on
December 20, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of
Roanoke (1979), as amended, at which heating 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 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:
I. Section 36.1 ~3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 115
and 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular
manner and no other:
Those certain twelve (12) tracts of land and rights-of way lying and being in the City of
Roanoke, Virginia, at the intersection of Wonju Street and Franklin Road, S.W., consisting of 10.706
acres, more or less, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a
.30 acre portion of right-of-way owned by the Commonwealth of Virginia and designated on Sheet
Nos. 115 and 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1272507,
1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109, be,
and are hereby rezoned from C-2, General Commercial District, C-2, General Commercial District,
with conditions, and LM, Light Manufacturing D/strict, to INPUD, Institutional Planned Unit
Development District, subject to the proffers contained in the Fourth Amended Petition filed in the
Office of the City Clerk on November 23, 2004, and that Sheet Nos. 115 and 127 of the 1976 Zone
Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
City Clerk.
O-Rezo-Ukrops 122004
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540)853-1730 Fax: (540)853-1230
E-mail: planning @ ci.roanoke.va.us
December 20, 2004
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 Bland A. Painter, Ill, BettyJ. Painter, and
FR-] Investments, LLC, represented by Maryellen F.
Goodlatte, attorney, that property located on Franklin
Road and Wonju Street, S.W., identified as Official Tax
Nos. 1272507, ] 150108, 1272504, ] 272505,
]150103, 1150102, 1150104, 1150112, 1150106,
1150109, a portion of Norfolk-Southern right-of-way,
a portion of right-of-way owned by the Commonwealth
of Virginia, be rezoned from C-2, General Commercial
District; C-2, General Commercial District, with
conditions; and LM, Light Manufacturing District, to
INPUD, Institutional Planned Unit Development District,
such rezoning to be subject to certain conditions
proffered by the petitioner.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November
18, 2004. By a vote of 5-2 (Messrs. Butler, Chrisman, Williams and Rife
and Ms. Prince voting for and Messrs. Manetta and Scholz voting against),
the Commission recommended approval of a fourth amended petition to
rezone to INPUD, Institutional Development Planned Unit Development.
Background:
A conditional rezoning petition was filed on October 7, 2004. A first
amended petition was filed on October 8, 2004. Subsequently, a second
amended petition was filed on October 29, 2004, and a third amended
petition on November 5, 2004. A fourth amended petition was filed on
November 23, 2004, which reflected the Planning Commission action.
The petition conditionally rezones twelve tracts of land and two portions
of right-of-way to INPUD, Institutional Planned Unit Development,
consisting of approximately 10.706 acres. The petitioner proffers the
following:
!. The one billboard located on the property shall be removed prior to
final approval of a comprehensive site plan affecting the property
on which the billboard is located.
The design of all buildings constructed on the property shall be
architecturally integrated and compatible through the use of
common materials and style.
Should the parcels which comprise the property be combined or
subdivided, the proffered conditions shall bind each subdivided or
re-combined parcels, as applicable.
Building facades facing Franklin Road shall be designed to
resemble the architecture of, and incorporate elements found in,
the rest of the project. Architectural interest will carry through to
prevent the appearance of a blank wall. Facades shall be articulated
with one or more of the following elements: window display boxes
visible to vehicles and pedestrians along Franklin Road, awnings
and canopies, blade signs (i.e. signage perpendicular to the
building fa(;ade to which it is attached) for tenant identification so
long as such blade signage is 10 square feet or less, architectural
lighting, landscaping, etc..
Average foot candle illumination levels for parking areas and drives
shall not exceed 8 foot candles as measured and determined by the
Zoning Administrator.
Considerations:
The surrounding land uses and zoning districts include:
· To the north across the Norfolk Southern right-of-way are industrial
and warehousing uses zoned LM, Light Manufacturing.
· To the northeast along Franklin Road are commercial properties
zoned LM, Light Manufacturing.
· To the southeast on the opposite side of Franklin Road are
commercial uses zoned C-2, General Commercial.
2
To the west on the corner of Franklin Road and Wonju Street is a
vacant parcel zoned C-2, General Commercial. On Wonju Street
bordering on the Norfolk Southern right-of-way is an industrial use
zoned C-2, General Commercial and LM, Light Manufacturing.
The proposed development is consistent with the following actions and
statements of V/sion 2001-2020, the City's comprehensive plan:
· Identify underutilized commercial sites and promote revitalization
(ED A26, p.61).
Explore redevelopment of areas identified for industrial,
commercial, or mixed-use development along Franklin Road
between the South Jefferson Redevelopment Area and Wonju Street
(ED A33, p.62).
Regional commercial centers should maximize connectivity with
existing collector and arterial streets. Traffic improvements should
avoid impact on surrounding neighborhoods. Streets should
encourage pedestrian traffic and bicycle lanes (p.92).
Site development should be maximized through reduced parking
spaces, increased lot coverage, and parcels developed along street
frontages (p.92).
Parking lots should have multiple vehicular entrances that are
clearly marked and attractively landscaped. Parking lots should have
trees located in the interior of the site and along street frontages
(p.92).
· Visual clutter and excessive lighting should be discouraged. Signs
should be clustered and attractively designed (p.92).
The Franklin Road/Colonial Avenue Area'Plan was adopted June 21,2004.
The following action items are consistent with the proposed petition:
Franklin Road Area: Require new developments to incorporate urban
amenities (e.g., sidewalks and curbs) and mixed-use residential and
commercial where possible (p.9).
· Franklin Road: Maintain commercial zoning that will retain existing
businesses and attract new establishments (p.14).
· Identify or create nodes along Franklin Road for commercial centers
(p.14).
· Evaluate underused industrially zoned land and demarcate or
rezone to maximize its potential (p.14).
The subject site is primarily undeveloped with several buildings situated
on the northeastern portion of the project area. The buildings include a
stone veneer structure occupied by a chiropractic's office (Tax Map
Number 1150103), a 32,882 square foot warehouse (formerly Holdren's)
located on Tax Map Number 1150106, a 9,426 square foot building
formerly occupied by a sign company on Tax Map Number 1150109, a
3,457 square foot building with a sports specialty shop on Tax Map
Number 1150108, and a 7,175 square foot building with a retail/office
space on the front with a warehouse area in the back on Tax Map Number
1150104. A phone assembly and repair business occupies the building.
This latter structure mentioned is the only structure proposed to remain
in the new development.
In December of 2002, City Council approved a conditional rezoning of
7.292 acres, more or less, to C-2, General Commercial District. The
petition proposed a shopping center with a gourmet/specialty grocery
store with no more than forty thousand (40,000) square feet as the
anchor tenant. Today's petition expands the size and the scope of the
overall project. The institutional development plan illustrates a 58,000
square foot building housing a Ukrop's grocery store and associated
uses, a 14,800 square foot Walgreen's building, four new mixed use
buildings (retail, restaurant, office) totaling 110,000 square feet, the
existing building on Tax Map Number 1150104, and a 430-space parking
garage. In addition, the Ukrop's building and two new mixed-use
buildings feature underground parking.
Several of the proffers are the same or similar to conditions volunteered
by the petitioner in the December, 2002 conditional rezoning. For
example, proffer #1 sets forth the one (1) billboard located on the
property will be removed prior to final approval of a comprehensive site
plan. The proffer in the December, 2002 rezoning petition addressed two
(2) billboards, one of which has since been removed.
The Institutional Planned Unit Development regulations do not address
regulations for site signage. Staff believes the language regarding
signage on the Institutional Development Plan addresses the concern of
sign clutter along Franklin Road and Wonju Street and ensures signs are
in proportion with the building fa(;ade or storefront of which it is
associated. The petitioner conditions that no more than six ground signs
will be erected on the site. With approximately 1,290 feet of frontage
along Franklin Road and 660 feet of frontage on Wonju Street, staff
believes this to be an adequate provision given that signs will be placed
at vehicular entrances and on the corner of Franklin Avenue and Wonju
Street. Directional signage and development identification signage (for
example: Ivy Market) that will be incorporated within a landscaped
retaining wall or other landscaped element will not be counted as ground
signs. Building-mounted signs will be kept in proportion to the building
fa(;ade or storefront with the petitioner's condition that signs shall be
limited to one (1) square foot of signage area for each linear foot of the
building fa(;ade or storefront to which it is attached. The petitioner
provides that all storefronts will have a minimum of 39 square feet of
signage area to ensure that stores with smaller building frontages have
adequate signage. Blade signs, window signs, and canopy signs will not
count toward the total of allowed building mounted signage.
The petition satisfies the development standards under 36.1-398 of the
Zoning Ordinance. The floor area ratio for the overall site is 2.48, which
is considerably less than the maximum floor area ratio of ten (10.0). The
open space percentage of 12% exceeds the minimum 10% open space
requirement. The height of the buildings is not restricted given the
subject parcels do not abut a residential use or residential zoning district.
The petitioner provides in the development notes a building will not
exceed fifty (50) feet in order to ensure the architectural compatibility
with the surrounding area.
The petition adequately addresses the Institutional Planned Unit
Development application requirements under Sections 36.1-399 of the
Zoning Ordinance. The general notes and drawings on the institutional
development plan satisfy the submittal requirements. All private
driveways that intersect with public rights-of-way are shown on the
drawing and detailed under the development notes on the Institutional
Development Plan. Pedestrian routes are shown to illustrate how
pedestrians circulate around and through the development. Pedestrian
crossings are shown on the Institutional Development Plan to provide
access through the internal circulation system of the development. The
pedestrian entrances from public streets are along Franklin Road.
The petitioner provides details on how activity producing glare will not be
perceptible at or beyond the district boundary in which the activity is
located by providing conditions and illustrative examples of the parking
lot lighting design. The development plan prescribes the type of parking
lot light fixtures for certain heights that will be allowed. The petitioner
proposes to use full-cut off lights and cut off lights. In addition, the
petitioner provides illustrative examples of fixtures that may be used.
5
The site is currently located in the FEMA floodplain. The proposed culvert
shown on the Institutional Development Plan (p.2) would pipe Ore Branch
along the entire distance of the site and remove the subject parcels from
the FEMA floodplain. Development of the site requires a new Conditional
Letter of Map Revision (CLOMR) from FEMA, Section 404 (of the Clean
Water Act) Stream Permit from the Corps of Engineers, and a Section 401
Virginia Water Protection Permit from the Department of Environmental
Quality.
An original traffic impact study was completed in the fall of 2002 in
response to the December, 2002 conditional rezoning referenced above.
With an increase in the size of the project and intensity of uses, the City
Traffic Engineer requested an updated traffic impact study be conducted
by the petitioner. The petitioner has contracted with Hayes, Seay,
Mattern, & Mattern to complete the study. Three primary areas of interest
remain the same, including: 1) the operating of the proposed driveway on
Wonju Street, 2) the impact on the VDOT control of access along Wonju
Street, and 3) potential signalization of the proposed main entrance on
Franklin Road.
The Planning Commission discussion centered on the following:
· Parking Lot Illumination: The Commission raised concerns that
residential uses south of Franklin Road will be adversely affected by
an overly lit parking lot due to the topographic change between the
subject site and nearby residential streets. The petitioners agreed to
proffer that driveway and parking lot lighting will not exceed 8 foot
candles in illumination.
Site Landscaping: The Commission acknowledged that the petition
satisfies the open space requirement for the INPUD, Institutional
Planned Unit Development district and that the petitioner will be
subject to the existing landscaping requirements. However, they
were not reassured that landscaping would be carried out in a
manner consistent with Vis/on 2001-2020. They asked the
petitioner to proffer that the parking lots have a 15% tree canopy.
The petitioner responded saying that it was not able to make that
commitment at this time.
Building Facades along Franklin Road: The Commission discussed
the proffer addressing building facades facing Franklin Road in
order to promote an architectural interest to prevent the appearance
of a blank wall. The petitioner volunteers to articulate facades with
one or more architectural elements including awnings and canopies,
6
blade signs, window boxes, etc. The Commission raised the concern
that the proffer does not offer reassurance to the number, variety,
and spacing for the elements along the wall facing Franklin Road. It
was also stated that proffered elevations is only realistic way to
know the final appearance of the fat;ade. The petitioner responded
that it is not possible at this time to proffer elevations.
Proposed Placement of Walgreens: The Commission questioned the
placement of the Walgreens building. Commissioners wondered why
the building could not be brought up to the property line, instead of
its proposed set back with parking spaces between the building and
the street. They stated it was a small change that can make a large
difference in the appearance. It has been done with Walgreen's in
other communities and if the corporate office wants the location
they will make adjustments from their typical site model. The
petitioner stated that they have worked with the Walgreens
corporate office and Walgreens is not able to make this change.
Bob Richert, 41 5 Allison Avenue, spoke during the public hearing. He
stated that he thinks the development is heading in the right direction
with features such as structured parking. However, he believed that the
development needs to be oriented to a greater degree towards Franklin
Road.
Recommendation:
By a vote of 5-2, the Commission recommended that City Council approve
the petition to rezone.
CC:
Respectfully submitted,
Robert B. Marietta, Chairman
City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community
Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Maryellen Goodlatte, Attorney for the Petitioner
¥ I N I 9~11A '.':I)ION ¥0}1
'3'd 'S::LI.¥ 130SSV N3dSIAIFI"I
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/ /
/ /
/
/
/
/
/
/
/
/
/
/
/
/ /
/ /
/ /
/ /
/ /
/ /
/ /
Comm: 2003-059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc. from Norfolk & Southern Railway. The description is as follows:
BEGINNING at Comer gA, said point being Station 121+29.24, station per Norfolk and
Southern station map V10-VA, 2-C, said point also being northeast comer of property of
Bland A. Painter, III, et ux, Roanoke City Tax #1272504; thence leaving Painter and with
2 new division lines thru property of Norfolk & Southern Railway as follows; thence N
-66° 51' 40" E, 225.21 feet to Comer #B; thence N 660 47' 00" E, 440.25 feet to Comer
#C, said point located at Station 114.+63.45, per Station Map V10-VA, 2-C; thence with
the right-of-way of Norfolk and Southern Railway, S 24° 40' 46" E, 6.29 feet to Comer
#D, said point being the northeasterly comer of property of Branch Family LLC,
Instrument #030012622. Roanoke City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 61.25 feet to Comer #E;
thence S 19° 39' 06" E, 32.37 feet to Comer #F, said point being northeasterly comer of
property of Branch Family LLC, Instrument #030012622, Tax #1150102; thence
continuing with Branch Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in all 419.93 feet to Comer
#G, said point located on northerly boundary line of property ofFR 1 Investments, LLC,
Roanoke City Tax #1150106, and continuing with FR 1 Investments, LLC, S 65° 37' 18"
W, passing northeast comer of Bland A. Painter, III, et ux, property at approximately 142
feet in all 183.20 feet to Comer #H, said point located on Norfolk and Southern r/ght-of-
way; thence leaving Painter and with Norfolk & Southern Railway; N 24° 22' 42" W,
15.00 feet to Comer #H, the place of BEGINNING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P:C., dated
September 10, 2004.
Corem: 2003-059
The following is a deed description for 13,373 s.f., property to be conveyed to Bland A.
Painter, III and Betty J. Painter from Commonwealth of Virginia. The description is as
follows:
BEGINNING at Corner A, said point located on the easterly right-of-way of Wonju
Street. being Station 34+ 17.83, 125.05 feet to the left of centerline, said point also located
on th~ southerly right-of-way of Norfolk & Southern Railway; thence leaving Norfolk &
Southern Railway and with the existing right-of-way of Wonju Street for the following 5
courses; thence S 06° ] 8' 42" E. 149.07 feet to Corner B; thence S 03° 33' 57" W,
248.04 Feet to Corner C; thence S 61° 24' 39" w, I6.67 feet to Corner D'; thence S 10°
35' 38"E, 69.65 feet to Corner E, said point being at Station 38+99.96, 70.00 left of
eenterline of Wonju Street; thence with 2 new division lines through property of
Commonwealth of Virginia ~br the following 2 courses; S 27° 38' 10" W, 4l .31 feet to
Comer F: thence N 00° 58' 46" W, 423.26 feet to Corner G? said point located at Station
34+23.57, 95.8] feet left of centerline of Wonju Street, said point also located on
southerly rigl~t-of-way of Norfolk & Southern Railway; thence coatinuing with Norfolk
& Southern Railway right-of-way, N 65° 37' 00" E, 29.94 feet to Corner A. the place of
BEGINNING and containing 13.373 s.£ (0.307 ac.) as more particularly shown on
Exhibit prepared by Lumsden Associates. P.C.. dated October 6, 20(14.
I /
- tTM /
/
/
. /
/
/
/
¥1NIDHI^'3~ON¥OH
V
/
/
/
/
/
/
/
/
/
/
/
6go-Bo
ADJOINING PROPERTY OWNERS
TO
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Tax Map No. 1150109
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern Corporat/on currently
within Norfolk Southern right-of-way
.30 Acre Parcel currently within Wonju Street r/ght-of-way
Tax Map Number
1150101
1272410
1272409
1272105
1272005
1272004
1272003
1272503
Owners/Addresses
Hemraj Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
Cecil E. Hodges, Jr.
Audrey R. Hodges
2024 Winston Avenue, S.W.
Roanoke, Virginia 24014
R/chard A. Dearing
Nancy G. Dearing
P. O. Box 8224
Roanoke, Virginia 24014
Norris, Inc.
P. O. Box 12308
Roanoke, Virginia 24024
Commonwealth of Virginia
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
EXHIBITD
1272501
1272502
1280613
1160102
1160109
1150204
1150206
1150201
1150203
1150205
1150202
1050105
T B C Associates LLP
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
Fulton Propegies LLC
2525FranldinKoad, S.W.
Roanoke, Vkginia 24014
Evelyn Lew/s Cayton Revocable Trust
3630 Parkwood Drive, S.W.
Roanoke, Virginia 24018
H S W Enterprises
P. O. Box 21535
Roanoke, Virginia 24018
Michael J. Paplomatas
Angeloa R. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
Harry Gerald Garrett
247 Thompson Road, S.E.
Floyd, Virginia 24091
K. Wayne Booth
Beverly A. Booth
2326 Franldm Road, S.W.
Roanoke, Virginia 24014
Samuel M. Garst
Jeanette N. Garst
378 Calypso Road
Moneta, Virgima 24121-5343
Mack D. Cooper, II
1410 Ma/n Street, S.W.
Roanoke, Virginia 24015
AdniI Properties LLC
3613 Peakwood Drive, S.W.
Roanoke, Virginia 24014
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
................................................ + ......................
MARYELLEN F. GOODLATTE,
P.O. BOX 2887
GLENN, FELDMANN, DAR
ROANOKE VA 24001
ESQ.
REFERENCE: 80125048
04477565
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~ia Sworn and subscribed before me this
~ day of December 2004. Witness my hand and
OT~.~,~.al seal.
~_~ ~f~ ~_~ Notary Public
PUBLISHED ON: 12/03 12/10
GIVEN under my hand h ~
FILED ON: 12/10/04
.................................................. + ........................
*uthorized ,
Signature: _JZ_l_tZ~.___~__"2~L_ZL_~L_b(~__"-q;~_~ ......
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City or' Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday,
December 20, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., on the question ofrezoning from C-2, General Commercial District, C-2,
General Commercial District, with conditions, and LM, Light Manufacturing District, to INPUD,
Institutional Planned Unit Development District, subject to certain proffers, the following property:
Those certain twelve tracts of land and rights-of ways lying and being in the City of
Roanoke, Virginia, at or near the intersection of Wonju Street, S.W., and Franklin
Road, S.W., consisting of 10.706 acres, more or less, and identified as Official Tax
Map Nos. 1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104,
1150112, 1150106 and 1150109, a .31 acm portion of right-of-way owned byNorfblk
Southern Corporation, and a .30 acre portion of right-of-xvay owned by the
Commonwealth of Virginia, adjacent to Official Tax Map Nos. 1272504 and
1272507.
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, December 16, 2004.
GIVEN under my hand this lsI: day of December ,2004.
Mary F. Parker, City Clerk.
K ~NOTICES\N REZO UKRO?SI22004 DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 7, 2004
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, $. W., City of Roanoke, on the request of Bland A.
and BettyJ. Painter and FR-1 Investments, LLC, that 12 tracts of land located at the
intersection of Franklin Road and Wonju Street, S. W., be rezoned from C-2,
General Commercial District, C-2, General Commercial District, with conditions,
and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit
Development District, subject to certain conditions proffered by the petitioners.
For your information, I am enclosing copy of a report of the City Planning
Commission and a notice of public hearing. Please review the documents and if
you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-243L Questions with regard to the City Planning Commission report
should be directed to the Department of Planning, Building and Development at
540-853-1730.
L:\CLERK~DATA\CKEW 1 ~Public Hearings 2004~Decembcr 2004~At~meys and Adjoining Property Owners.dcc
Maryellen F. Goodlatte
December 7, 2004
Page 2
It will be necessary for you, or your representative, to be present at the
December 20 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:\CLERK~DATA\CKEW 1 ~P ublic Hearings 2004~ecember 2004~Attomeys and Adjoining Pr operoy Owners.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vkginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E mail: clerk@ci.roanoke.va.us
December 7, 2004
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Hemraj Trading Company
Mr. and Mrs. Cecil E. Hodges, Jr.
Mr. and Mrs. Richard A. Dearing
Norris, Inc.
Commonwealth of Virginia
T B C Associates, LLP
Fulton Properties, LLC
Adnil Properties, LLC
Evelyn Lewis Cayton Revocable Trust
H S W Enterprises
Mr. and Mrs. MichaeIJ. Paplomatas
Mr. Harry G. Garrett
Mr. and Mrs. K. Wayne Booth
Mr. and Mrs. Samuel M. Garst
Mr. Mack D. Cooper, II
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Maryellen
F. Goodlatte, Attorney, representing Bland A. and Betty J. Painter and FR-1
Investments, LLC., requesting that 12 tracts of land located at the intersection of
Franklin Road and Wonju Street, S. W., be rezoned from C-2, General Commercial
District, C-2, General Commercial District, with conditions, and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development District,
subject to certain conditions proffered by the petitioners.
The City Planning Commission is recommending that Council approve the request
for rezoning. If you would like to receive a copy of the report of the City Planning
Commission, please call the City Clerk's Office at 540-853-2541.
L:\C LE RK~DA TA\CKEW 1 ~P ublic Hearings 2004~December 2004~Attorneys and Adjoining Property Ovmers.doc
Interested Property Owners and/or Adjoining Property Owners
December 7, 2004
Page 2
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\C LERK\DATA\CKEW I ~P ublic Heahngs 2004~December 2004kAttorneys and Adjoining Property Owners.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.u s
November 23, 2004
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a fourth amended petition received in the City
Clerk's Office on November 23, 2004, from Maryellen F. Goodlatte, Attorney,
representing Bland A. and BettyJ. Painter and FR-1 Investments, LLC., requesting
that 12 tracts of land located at the intersection of Wonju Street and Franklin Road,
S. W., be rezoned from C-2, General Commercial District, C-2, General
Commercial Conditional, and LM, Light Manufacturing District, to INPUD,
Institutional Planned Unit Development District, subject to certain conditions
proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001-2887
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
L:\CLERKLDATA\CKEW 1 ~Rczonings - Street Alley Closing 04'~December 2004~Painte[ and FR-1 Investments, LLC 4th amended pefifion.d~c
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying and
being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., and briefly described as:
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Tax Map No. 1150109
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern
Corporation currently within Norfolk
Southern right-of-way
.30 Acre Parcel currently within Wonju Street
right-of-way
Zoned C-2/LM
Zoned C-2
Zoned C-2
Zoned C-2
Zoned C-2
Zoned C-2
Zoned C-2
Zoned C-2
Zoned C-2
Zoned LM
Conditional
Conditional
Conditional
Conditional
Conditional
Conditional
Conditional/LM
Currently within NS
right-of-way
Currently within Wonju
Street right-of-way
from C-2 (General Commercial District), C-2 Conditional (General Commercial
District) and LM (Light Manufacturing District) as above noted to INPUD
(Institutional Planned Unit Development District) and such rezoning to be subject to
certain conditions.
FOURTH AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
Petitioners Bland A. Painter, 11I and Betty J. Painter own the following property in the City
of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR-1
Investments, LLC, owns tax map parcel 1150106. The other properties listed above, not owned by
petitioners, are under contract to petitioners. The consents of those property owners to this
rezoning petition are attached to this petition.
Said tracts are currently zoned either C-2 (General Commercial District), C-2 Conditional
(General Commercial District) or LM (Light Manufacturing District) as individually identified
above. A map of the property to be mzoned is attached as Exhibit A. A metes and bounds
description of the .31 acre portion of the Norfolk Southern fight-of-way and the .30 acre portion
of Wonju Street included within this petition is attached hereto as Exhibit B. Petitioners wish to
rezone this property from C-2 (General Commercial District), C-2 Conditional (General
Commercial District), and LM (Light Manufacturing District) to INPUD (Institutional Planned Unit
Development District) to allow for the more efficient and harmonious development of Ivy Market, a
mixed use retail/office development.
In 2003, approximately 7.3 acres of the property were rezoned in order to permit the
planning and site development associated with Ivy Market to proceed. Since that time, petitioners
have contracted to purchase adjoining properties in order to provide sufficient space for the first
class mixed use development ~nvisioned for the site. Located at a key commercial intersection, Ivy
Market will visually enhance the Franklin Road corridor while providing significant economic
benefit beyond its current use.
An Institutional Development Plan prepared by Lumsden Associates dated November 18,
2004, is attached as Exhibit C and provides the detail required by the INPUD ordinance. As
illustrated on the concept plan, the INPUD zoning allows a better utilization of the site permitting,
for example, the place~nent of buildings much closer to Franklin Road than currently permitted in
the C-2 district.
Petitioners believe that the rezoning of said tracts of land will further the intent and
purposes of the City's zoning ordinance and Vision 2001-2020 Comprehensive Plan. This
2
commercial development, at a key intersection, will serve the needs of citizens and visitors in
accordance with the policies of the Comprehensive Plan. It takes property that has been
commercially unproductive and/or underdeveloped for a significant period of time and enhances the
Franklin Road commercial corridor.
Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the
rezoning will be subject to, and that they will abide by, the following conditions:
1. The one billboard located on the property shall be removed prior to final approval of
a comprehensive site plan affecting the property on which the billboard is located.
2. The design of all buildings constructed on the property shall be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or re-combined parcels, as applicable.
4. Building facades facing Franklin Road shall be designed to resemble the
architecture of, and incorporate elements found in, the rest of the project. Architectural interest will
carry through to prevent the appearance of a blank wall. Facades shall also be articulated with one
or more of the following elements: window displayboxes visible to vehicles and pedestrians along
Franklin Road, awnings and canopies, blade signs (i.e. signage perpendicular to the building fagade
to which it is attached) for tenant identification so long as such blade signage is 10 square feet or
less, architectural lighting, landscaping, etc..
5. Average foot candle illumination levels for parking areas and drives shall not
exceed 8 foot candles as measured and determined by the Zoning Administrator.
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road fi.om the property to be
rezoned.
WHEREFORE, Petitioners requests that the above-described tract be rezoned as requested
in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 18th day of November, 2004.
Respectfully submitted,
Bland A. Painter, III
Betty J. Painter
FR- 1 Investments, LLC
By: ~o~ t~' ~
Ot~Counsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
4
Bland A. Painter, II[! and Betty J. Painter an.d FR-1 Investments, LLC, owners of a
portion of the prop*rty subje~ to this petition, hereby consents to this petition,
including the volunta~3t proffers contained l'~erei.n.,
Betty I. Paint~ ~
Fltr I INVESTMENTS, LLC
its: Member/Mar/ager
B~.lfling Exchange Company, a Vir$inia corporation, ow. er of a portion of the
property subject tc this petition, hereby co~.sents to this petition, including the
~ oluntary proffers eentained herein
BU.[LDICNG EXCHANGE COM?ANY
By: IMD luvestment Group, LLC
Manager/Member
Daniel L. Beamer, owner ora po~on of the property subjcct to this petitien, hereby consmts
to th~s pet~don, including the voluntary proffers contained her~in.
D~a~i~l L. Bcamer
The Branch Family L.L.C., a Vk'g~nia limited liability company, owner of a portion of
the propm'ty 5ubjec~ to thL~ petition, hereby consents to this petition, including the
volumary proffers contained herein.
7 Tl~has~6. 13(ranch,
Norfolk South~ Corporation, a Virginia o~rpora~an. ~.~.-r of ~ p~xion of 0~
~rm~ts m thi~ pmStk>n, }n:~uding th: v~tuntm-f pn~Y~ :oatalm~
!NORFOL~ SOU? ~HiiR/q CORPORATION
PHILIP A, ~MUCET
October 6, 2004
COMMONWEALTH cfi VIRC4INIA
DEF~ARTMENT OF TRANSPORTATION
P0 BOX 3071
~ ~ RICHARD k. CAYWOOD,
Ms. Martha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor Room 162
215 Church Avenue, S. W.
Roanoke, Virginia 24,011
Dear Ms Franklin:
Subject:
Rezoning of Surplus Right of Way
Approximately 13.373 square foot tract located on the East side of
Wcnju Street as shown on attached plat prepared for Bland Painter
by Lumsden Associates, P.C. dated Oclober 6th 2004
The Commonwealth o:f Virginia, Virginia Department of Transpodation, owner of the r ght of
way referenced above does not object to the referred to portion of Wonju Street right of way
being included in the rezoning petition for the adjacent tax map numbers, 1272504, 1272507
1272505, 1150103 and 1 ] 50106.
The exact size and config~ration of the tract and approval to convey is subject to approval by the
Commonwealth Transportation Board at its discretion.
Smcereiy~ ........................
" ack P. Orr
District Right of Way & Udl ties Manager
VlrgtnteDOT, org
WE KEEP VIRGINIA MOVING
V I N I D~I I A '.'-1 )ION vo~-I
'3'd 'S.3.I.V I30SSV
/
/
/
/
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/
/
/
/
/
/
/
/
/
/
/
/
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/
/
/
/
/
Comm: 2003-059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc. from NorfoLk & Southern Railway. The description is as follows:
BEGINIWIiWG at Comer gA, said point being Station 121+29.24, station per Norfolk and
Southern station map ¥I0-VA, 2-C, said point also being northeast corner of property of
Bland A. Painter, IlL et ux, Roanoke City Tax #1272504; thence leaving Painter and with
2 new division lines thru property of iWorfolk & Southern Railway as follows; thence ~T
-66° 51' 40" E, 225.21 feet to Comer #B; thence N 66o 47' 00" E, 440.25 feet to Comer
#C, said point located at Station 114.+63.45, per Station Map VI0-VA, 2-C; thence with
the fight-of-way of Norfolk and SoutheTM Railway, S 24° 40' 46" E, 6.29 feet to Comer
#D, said point being the northeasterly comer of property of Branch Family LLC,
Instrument #030012622. Roanoke City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 61.25 feet to Comer #E;
thence S 190 39' 06" E, 32.37 feet to Comer #F, said point being northeasterly corner of
property of Branch FamiIy LLC, Instrument #030012622, Tax #1150102; thence
continuing with Branch Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in ali 419.93 feet to Corner
#G, said point located on northerly boundary line of property ofFR I Investments, LLC,
Roanoke City Tax gl 150106, and continuing with FR 1 Investments, LLC, S 65° 37' 18'
W, passing northeast comer of Bland A. Painter, III, et ux~ property at approximately 142
feet in all 183.20 feet to Comer #H, said point located on Norfolk and Southern right-of-
way; thence leaving Painter and with Norfolk & Southern Railway; N 24° 22' 42" W,
15.00 feet to Corner #H, the place of BEG]]w]WING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P:C., dated
September 10, 2004.
Corem: 2003-059
The following is a deed description for 13,373 s.f., property to be conveyed to Bland A.
Painter, III and Betty J. Painter from CommomYealth of Virginia. The description is as
£o[lows:
BEGINNING at Corner A, said point located on the easterly right-of-way of Wonjt,
Street, being Station 34+17.83, 125.05 feet to the left of centerline, said point also located
on the southerly right-of-way of Norfolk & Squth:m Railway; thence leaving Norfolk &
Southern Railway and with the existing right-of-way of Wonju Street for the following 5
courses; thence S 06° 18' 42" E, 149.07 feet to Corner B; lhence S 03° 33' 57" W.
248.04 feet to Corner C: thence S 61 o 24' 39" W, 16.67 feet to Corner D; thence S 10°
35~ 38"E, 69.65 feet to Corner E, said point being at Station 38+99.96, 70.00 left of'
centerline of Wonju Street; thence with 2 new' division lines through property of
Commonwealth of Virginia lbr the following 2 courses; S 27° 38' 10" W, 4l .31 feet to
Comer F; thence N 00° 58' 46" W, 423.26 feet to Corner G, said point located at Station
34+23.57, 95.8] feet left of centerline of Wo~!iu Street, said point also located on
sou'd~erly right-of-way of Norfolk & Southern Railway; thence continuing with Norfolk
& Southern Railway right-of-way, N 65° 37' 00" E, 29~94 feet to Corner A, the place of
BEGINNING and containing 13,373 s.f. (0.307 ac.) as more particulm']y shown on
Exhibit prepared by Lumsden Associates. P.C., dated October 6, 2004.
VlNIDtll^
'3'd 'S3&VIDO~V
/
I
I
I
I
/
VINIO~IA '3)IONVO~
/
/
/
/
I
I
I
/ I
/ I~
VlNID~IA '~tONVO}t
'D'd 'S3J~VID08~¥ ~q~(]$lNflq
~ /
~ /
/
/
AD$O]NING PROPERTY OWNERS
TO
Tax Map No. 1272507
Tax Map No. t 150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Tax Map No. 1150109
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern Corporat/on currently
within Norfolk Southern fight-of-way
.30 Acre Parcel currently within Wonju Street fight-of-way
Tax Map Number
1150101
1272410
1272409
1272105
1272005
1272004
1272003
1272503
Owners/Addresses
Hemraj Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
Cecil E. Hodges, Jr.
Audrey R. Hodges
2024 Winston Avenue, S.W.
Roanoke, Virginia 24014
Pdchard A. Dearing
Nancy G. Deafing
P. O. Box 8224
Roanoke, Virginia 24014
Norfis, Inc.
P. O. Box 12308
Roanoke, Virginia 24024
Commonwealth of Virginia
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
1272501
1272502
T B C Associates LLP
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
1280613
Fulton Properties LLC
2525 Franklin Road, S.W.
Roanoke, Virginia 24014
1160102
Evelyn Lew/s Cayton Revocable Trust
3630 Parkwood Drive, S.W.
Roanoke, Virginia 24018
1160109
H S W Enterprises
P. O. Box 21535
Roanoke, Virginia 24018
1150204
Michael J. Paplomatas
Angeloa R. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
1150206
Harry Gerald Garrett
247 Thompson Road, S.E.
Floyd, Virginia 24091
1150201
K. Wayne Booth
Beverly A. Booth
2326 Franklin Road, S.W.
Roanoke, Virginia 24014
1150203
1150205
Samuel M. Garst
Jeanette N. Garst
378 Calypso Road
Moneta, Virginia 24121-5343
1150202
Mack D. Cooper, II
1410 M~m Street, S.W.
Roanoke, Virginia 24015
1050105
Adnil Properties LLC
3613 Peakwood Drive, S.W.
Roanoke, Virginia 24014
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, November 18, 2004, at 1:30 p.m., or as soon as the matter may be
heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., to consider the following:
Request from Bland A. Painter, III, Betty J. Painter, and FR-1 Investments,
LLC, represented by Maryellen F. Goodlatte, attorney, that property
located on Franklin Road and Wonju Street, S.W., identified as Official
Tax Nos. 1272507, 1150108, 1272504, 1272505, 1150103, 1150102,
1150104, 1150112, 1150106, 1150109, a portion of Norfolk Southern
right-of-way, and a portion of right-of-way owned by the Commonwealth of
Virginia, be rezoned from C-2, General Commercial District; C-2, General
Commercial District, with conditions; and LM, Light Manufacturing District,
to INPUD, Institutional Planned Unit Development District, such rezoning
to be subject to certain conditions proffered by the petitioner.
A copy of the application is available for review in the Department of
Planning Building and Development, Room 166, Noel C. Taylor Municipal
Building.
All parties in interest and citizens may appear on the above date and be
heard on the matter. If you are a person who needs accommodations for this
hearing, please contact the Department of Planning Building and Development at
853-1730 before 12:00 noon on the Monday before the date of the hearing listed
above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, November 2 and 9, 2004.
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P O Box 2887
Roanoke, VA 24001-2887
(540) 224-8000
Please send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Development
Room 166, Municipal Building, 215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIOZ,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
November 5, 2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a third amended petition received in the City
Clerk's Office on November 5, 2004, from Maryellen F. Goodlatte, Attorney,
representing Bland A. and BettyJ. Painter and FR-1 Investments, LLC., requesting
that 12 tracts of land located at the intersection of Wonju Street and Franklin
Road, S. W., be rezoned from C-2, General Commercial District, C-2, General
Commercial District Conditional, and LM, Light Manufacturing District, to INPUD,
Institutional Planned Unit Development District, subject to certain conditions
proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001-2887
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
GLENN
FELDMANN
DARBY
GOODLATTE
210 1st Street SW
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
5402248000
Fax 540224.8050
gfdgogfdg corn
November 5, 2004
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.com
HAND DELIVERED
Mr. Andrew Warren
Roanoke City Planning & Development
Municipal Building, Room 166
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re: Ivy Market: Third Amended Petition
Dear Andrew:
We enclose for filing an original and two copies of a Third Amended Petition,
with all exhibits attached thereto.
If you have any questions or need further information, please do not hesitate to
call me.
Very tmly yours,
Maryellen F. Goodlatte
MFG:lnh:5129005
Enclosures
cc: Bland A. and Betty J. Painter, III (w/encs.)
L~S.1 Investments, LLC (w/encs.)
Mary F. Parker (w/encs.)
1954 5~e~atinff 50 ~eara o~ <i!~er~ice 2004
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying and
being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., and briefly described as:
Tax Map No. 1272507 Franklin Road, S.W. Zoned C-2/LM
Tax Map No. 1150108 2219 Franklin Road, S.W. Zoned C-2
Tax Map No. 1272504 2331 Franklin Road, S.W. Zoned C-2
Tax Map No. 1272505 Franklin Road, S.W. Zoned C-2
Tax Map No. 1150103 2329 Franklin Road, S.W. Zoned C-2
Tax Map No. 1150102 Franklin Road, S.W. Zoned C-2
Tax Map No. 1150104 2203 Franklin Road, S.W. Zoned C-2
Tax Map No. 1150112 Franklin Road, S.W. Zoned C-2
Tax Map No. 1150106 2309 Franklin Road, S.W.
S.W.
Tax Map No. 1150109 2239 Franklin Road,
.31 Acre Parcel owned by Norfolk Southern
Corporation currently within Norfolk
Southern right-of-way
.30 Acre Parcel currently within Wonju Street
right-of-way
Conditional
Conditional
Conditional
Conditional
Conditional
Conditional
Zoned C-2 Conditional/LM
Zoned LM
Currently within NS
right-of-way
Currently within Wonju
Street right-of-way
from C-2 (General Commercial District), C-2 Condiflonal (General Commercial
District) and LM (Light Manufacturing District) as above noted to INPUD
(Institutional Planned Unit Development District) and such rezoning to be subject to
certain conditions.
THIRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
Petitioners Bland A. Painter, m and Betty J. Painter own the following property in the City
of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR-1
Investments, LLC, owns tax map parcel 1150106. The other properties listed above, not owned by
petitioners, are under contract to petitionm's. The consents of those property owners to this
rezoning petition are attached to this petition.
Said tracts are currently zoned either C-2 (General Commercial District), C-2 Conditional
(General Commercial District) or LM (Light Manufacturing District) as individually identified
above. A map of the property to be rezoned is attached as Exhibit A. A metes and bounds
description of the .31 acre portion of the Norfolk Southern right-of-way and the .30 acre portion
of Wonju Street included within this petition is attached hereto as Exhibit B. Petitioners wish to
rezone this property from C-2 (General Commercial District), C-2 .Conditional (General
Commercial District), and LM (Light Manufacturing District) to INPUD (Institutional Planned Unit
Development District) to allow for the more efficient and harmonious development of Ivy Market, a
mixed use retail/office development.
In 2003, approximately 7.3 acres of the property were rezoned in order to permit the
planning and site development associated with Ivy Market to proceed. Since that time, petitioners
have contracted to purchase adjoining properties in order to provide sufficient space for the first
class mixed use development envisioned for the site. Located at a key commercial intersection, Ivy
Market will visually enhance the Franklin Road corridor while providing significant economic
benefit beyond its current use.
An Institutional Development Plan prepared by Lumsden Associates dated October 28,
2004, is attached as Exhibit C and provides the detail required by the INPUD ordinance. As
illustrated on the concept plan, the INPUD zoning allows a better utilization of the site permitting,
for example, the placement of buildings much closer to Franklin Road than currently permitted in
the C-2 district.
Petitioners believe that the rezoning of said tracts of land will further the intent and
purposes of the City's zoning ordinance and Vision 2001-2020 Comprehensive Plan. This
2
commercial development, at a key intersection, will serve the needs of citizens and visitors in
accordance with the policies of the Comprehensive Plan. It takes property that has been
commercially unproductive and/or underdeveloped for a significant period of time and enhances the
Franklin Road commercial conSdor.
Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the
rezoning will be subject to, and that they will abide by, the following conditions:
1. The one billboard located on the property shall be removed prior to final approval of
a comprehensive site plan affecting the property on which the billboard is located.
2. The design of all buildings constructed on the property shall be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or m-combined parcels, as applicable.
4. Building facades facing Franklin Road shall be designed to resemble the
architecture of, and incorporate elements found in, the mst of the project. Architectural interest will
carry through to prevent the appearance of a blank wall. Facades shall also be articulated with one
or more of the following elements: window display boxes visible to vehicles and pedestrians along
Franklin Road, awnings and canopies, blade signs (i.e. signage perpendicular to the building fagade
to which it is attached) for tenant identification so long as such blade signage is 10 square feet or
less, architectural lighting, landscaping, etc..
5. Project Signage:
A. Freestanding signs
3
(1) No more than six (6) ground signs shall be permitted on the subject
properties. Ground signs shall not be deemed to include (A) directional signage or (B) any
development identification ground signs (for example "Ivy Market") which are incorporated
within a landscaped retaining wall or other landscaped element. Ground signs shall be limited to
a total of one hundred fifty (150) square feet of sign surface area on each side and shall not
exceed twenty (20) feet in height.
(2) Except for the ground sign associated with the use at the comer of
Franklin Road and Wonju Street (located on Tax Map Parcel number 1272507 and a portion of
1272505) (the "Comer Use"), ground signs shall be located at vehicular entrances into the
development.
(3) One (1) electronic reader board shall be permitted for the Comer
Use. The electronic reader board shall not exceed forty (40) percent of the overall sign area of the
sign of which it is a part.
B. Building signs
(1) Building mounted signs shall be limited to one (1) square foot of
signage area for each linear foot of the building facade or storefront to which it is attached,
except that each storefront shall be entitled to minimum building mounted signage of 39 square
feet.
(2) Building mounted signs shall not be deemed to include blade
signage (i.e. signage perpendicular to the building facade to which it is attached) so long as such
blade signage is 10 square feet or less.
4
(3) Signs applied to awnings or entrance canopies or signs applied to
windows shall be permitted and shall not be included in the calculation of building mounted
signage set out in B (1) above.
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road fi.om the property to be
rezoned.
WHEREFORE, Petitioners requests that the above-described tract be rezoned as requested
in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~"'f~ day of November, 2004.
Respectfully submitted,
Bland A. Painter, III
Betty J. Painter
FR-1 Investments, LLC
Mmyellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
5
Bland A. Painter, I[! and Betty J. Painte~ and FR-1 Investments~ LLC, owners of a
portion of the prop~:rty subject to this petition, hereby consents to this petition,
including the volunta 3~ proffers contained herei.o,
FR- I INVESTMENTS, LLC
tts: Member/Manager
Bmlding Exchange Company, a Virginia corporation, owner of a portion, of the
property subjeot tc this petition, hereby consents to this petition, including the
voluntary proffers contained herein
BUILDING EXCHANGE COMPANY
By: IMD Investment Group, LLC
By:~
Daniel L. Beamer, owner of a potion of the property subject to this petition, hereby consents
to this petition, including the voluntary proffers contained herein.
Daniel L. Beamer
Oct
The Branch Family L.L.C,, a Virginia limited liability company, owner of a portion of
the property sub. j¢c~ to thSs p~tltion, hereby ¢onsea~ts m this petition, including the
voluntary proffers e~:~ntai~d herein.
NORFOLK 5OUT ~HtLRN CORPO~LA77ON
PHILIP A. BHUCET
October 6, 2004
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
PO BOX 3071 RICHARD L. CAYWOOD, P.E.
Ms. Martha Franklin
Roanoke City Planning C ommission
Municipal Building, First Floor Room 162
215 Church Avenue, S. W.
Roanoke, Virginia 2401.1
Dear Ms Franklin:
Subject:
Rezoning of Surplus Right of Way
Approxirnately 13,373 square foot tract located on the East side of
Wonju Street as shown on attached plat prepared for Bland Painter
by Lumsden Associates, P.C. dated October 6th 2004
The Commonwealth of Virginia, Virginia Department of Transportation, owner of the right of
way referenced above do,es not object to the referred to portion of Wonju Street tight of way
being included in the re~:.oning petition for the adjacent tax map numbers 1272504, 1272507,
1272505, 1150103 and 1 ] 50106.
The exact size and configaration of the tract and appr(.val to convey is subject to approval by the
(_.om ~oonwealth Transpor atmn Board at its discretion.
Sincerely ................
t.~5°'J-ack P. Orr
District Right of Way & 1 [tilities Maeager
VlrglntaDOT.arg
WE KEEP VIRGINIA MOVING
?
/
I
/
/
/
/
/
/
/
Corem: 2003-059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc. from Norfolk & Southern Railway. The description is as follows:
BEGINNING at Corner #A, said point being Station 121+29.24, station per Norfolk and
Southern station map V10-VA, 2-C, said point also being northeast corner of property of
Bland A. Painter, III, et ax, Roanoke City Tax #1272504; thence leaving Painter ~d with
2 new division lines thru property of Norfolk & Southern Railway as follows; thence N
-66° 51' 40" E, 225.21 feet to Corner #B; thence N 66° 47' 00" E, 440.25 feet to Corner
#C, said point located at Station 114.+63.45, per Station Map V10-VA, 2-C; thence with
the fight-of-way of Norfolk and Southern Railway, S 24° 40' 46" E, 6.29 feet to Corner
#D, said point being the northeasterly corner of property of Branch Family LLC,
Instrument #030012622. Roanoke City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 61.25 feet to Comer gE;
thence S 19° 39' 06" E, 32.37 feet to Corner #F, said point being northeasterly comer of
property of Branch Family LLC, Instrument #030012622, Tax #1150102; thence
continuing with Branch Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in all 419.93 feet to Corner
#G, said point located on northerly boundary line of property ofFR 1 Investments, LLC,
Roanoke City Tax #I 150106, and continuing with FR 1 Investments, LLC, S 65° 37' 18"
W, passing northeast corner of Bland A. Painter, III, et ux, property at approximately 142
feet in all 183.20 feet to Corner #H, said point located on Norfolk and Southern fight-of-
way; thence leaving Painter and with Norfolk & Southern Railway; N 24° 22' 42" W,
15.00 feet to Corner #H, the place of BEGINNING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P.C., dated
September 10, 2004.
Corem: 2003-059
Tine following is a deed description for 13,373 s.f., propel~.y to be conveyed to Bland A.
Painter, III and Betty J. Painter from Commonwealth of Virginia. The description is as
follows:
BEGINNING at Corner A, said point located on the easterly right-of-way of Woqju
Street, being Station 34+ 17.83, 125.05 feet to the left ofcenterline, said point also located
on the southerly right-of-way of Norfolk & Southern Railway: thence leaving Norfolk &
Southern Railway and with the existing right-of-way of Wonju Street ibr the following 5
courses; thence S 06° 18' 42" E, 149.07 feet to Comer B; thence S 03° 33' 57" W,
248.04 feet to Corner C; thence S 61° 24' 39" W, I6.67 feet to Comer D; thence S 10°
35' 38"E, 69.65 feet to Corner E, said point being at Smlion 38+99.96, 70.00 left of
centerline of Wonju Street; thence with 2 new division lines through property of
Commonwealth of Virginia for the ibllowing 2 courses; S 27° 38' 10" W, 41.31 feet to
Corner F; thence N 00° 58' 46" W. 423.26 feet to Corner G, said point located at Station
34+23.57.95.81 feet left of centerline of Won. j u Street, said point also located on
southerly right-of-way of Norfolk & Southern Railway; thence continuing with Norfolk
& Southern Railway right-of-way, N 65° 37' 00" E, 29.94 feet to Corner A, the place of
BEGINNING and containing 13,373 s.f. (0.307 ac.) as more particularly shown on
Exhibit prepared by Lumsden Associates. P.C., dated October 6, 2004.
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
ADJ0]NING PROPERTY OWNERS
TO
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Tax Map No. 1150109
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern Corporat/on currently
within Norfolk Southern right-of-way
.30 Acre Parcel currently with'm Wonju Street fight-of-way
Tax Map Number
1150101
1272410
1272409
1272105
1272005
1272004
1272003
1272503
Owners/Addresses
Hemraj Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
Cecil E. Hodges, Jr.
Audrey R. Hodges
2024 Winston Avenue, S.W.
Roanoke, Virginia 24014
Richard A. Dearing
Nancy G. Dearing
P. O. Box 8224
Roanoke, Virginia 24014
Nonds, Inc.
P.O. Box 12308
Roanoke, Virginia 24024
Commonwealth of Virginia
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
1272501
1272502
1280613
1160102
1160109
1150204
1150206
1150201
1150203
1150205
1150202
1050105
T B C Associates LLP
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
Fulton Properties LLC
2525 Franklin Road, S.W.
Roanoke, Virginia 24014
Evelyn Lewis Cayton Revocable Trust
3630 Parkwood Drive, S.W.
Roanoke, Virginia 24018
H S W Enterprises
P. O. Box21535
Roanoke, Virginia 24018
Michael J. Paplomatas
Angeloa R. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
Harry Ger~d Garre2
247Thompson Road, S.E.
Floyd, Virginia 24091
K. Wayne Booth
Beverly A. Booth
2326 Franklin Road, S.W.
Roanoke, Virginia 24014
Samuel M. Gm'st
Jeanette N. Garst
378 Calypso Road
Moneta, Virginia 24121-5343
Mack D. Cooper, II
1410 M~m Street, S.W.
Roanoke, Virginia 24015
Adnil Properties LLC
3613 Peakwood Drive, S.W.
Roanoke, Virginia 24014
MARY F. PARKER, CMC
Ci~ Cl~rk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~¢i.roanoke.va.us
October 29, 2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a second amended petition received in the City
Clerk's Office on October 29, 2004, from Maryellen F. Goodlatte, Attorney,
representing Bland A. and BettyJ. Painter and FR-1 Investments, LLC., requesting
that 12 tracts of land located at the intersection of Wonju Street and Franklin Road,
S.W., be rezoned from C-2, General Commercial District, C-2, General
Commercial Conditional, and LM, Light Manufacturing District, to INPUD,
Institutional Planned Unit Development District, subject to certain conditions
submitted by the petitioners.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte,
P.O. Box2887, Roanoke, Virginia 24001-2887
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
GLENN
FELDMANN
DARBY :':
GOODLATTE
210 1st Street SV2
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
540.224.8000
Fax 540.224.8050
gfdg~gfdg corn
October 29, 2004
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte@gfdg.com
HAND DELIVERED
Mr. Andrew Warren
Roanoke City Planning & Development
Municipal Building, Room 166
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re: Ivy Market: Second Amended Petition
Dear Andrew:
As we discussed, I am enclosing a second amended petition. This petition
includes an updated concept plan to more fully address the INPUD requirements
of § 36.1-399(8) and (9). We have also added a proffer addressing architectural
articulation along Franklin Road facades.
As you have requested, the traffic impact analysis is in the process of being
updated to reflect the changes to the development.
We expect to file another amended petition as soon as possible which will
address development signage. We are still in the process of finalizing the
elements of that proffer.
Please call if you have any questions regarding this second amended petition.
Very truly yours,
Maryellen F. Goodlatte
MFG:lnh:5129005
Enclosures
CC:
Bland A. and Betty J. Painter, III (w/encs.)
~s-1 Investments, LLC (w/encs.)
· Mary F. Parker (w/encs.)
1954 ~ele~r~atin] ~) ~ea~ c~ ~e~ice 2004
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying
and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., and briefly described as:
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
Tax Map No. 1150109 2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern
Corporation currently within Norfolk
Southern right-of-way
.30 Acre Parcel currently within Wonju Street
right-of-way
Zoned C-2/LM
Zoned C-2
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional/LM
Zoned LM
Currently within NS
right-of-way
Currently within Wonju
Street right-of-way
from C-2 (General Commercial District), C-2 Conditional (General Commercial
District) and LM (Light Manufacturing District) as above noted to INPUD
(Institutional Planned Unit Development District) and such rezoning to be subject
to certain conditions.
SECOND AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCiL OF THE CITY OF
ROANOKE:
Petitioners Bland A. Painter, III and Betty J. Painter own the following property in the
City of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR-1
Investments, LLC, owns tax map parcel 1150106. The other properties listed above, not owned
by petitioners, are under contract to petitioners. The consents of those property owners to this
rezoning petition are attached to this petition.
Said tracts are currently zoned either C-2 (General Commercial District), C-2
Conditional (General Commercial District) or LM (Light Manufacturing District) as
individually identified above. A map of the property to be rezoned is attached as Exhibit A. A
metes and bounds description of the .31 acre portion of the Norfolk Southern right-of-way
and the .30 acre portion of Wonju Street included within this petition is attached hereto as
Exhibit B. Petitioners wish to rezone this property from C-2 (General Commercial District),
C-2 Conditional (General Commercial District), and LM (Light Manufacturing District) to
INPUD (Institutional Planned Unit Development District) to allow for the more efficient and
harmonious development of Ivy Market, a mixed use retail/office development.
In 2003, approximately 7.3 acres of the property were rezoned in order to permit the
planning and site development associated with Ivy Market to proceed. Since that time,
petitioners have contracted to purchase adjoining properties in order to provide sufficient space
for the first class mixed use development envisioned for the site. Located at a key commercial
intersection, Ivy Market will visually enhance the Franklin Road corridor while providing
significant economic benefit beyond its current use.
An Institutional Development Plan prepared by Lumsden Associates dated October 28,
2004, is attached as Exhibit C and provides the detail required by the INPUD ordinance. As
illustrated on the concept plan, the 1NPUD zoning allows a better utilization of the site
2
permitting, for example, the placement of buildings much closer to Franklin Road than
currently permitted in the C-2 district.
Petitioners believe that the rezoning of said tracts of land will further the intent and
purposes of the City's zoning ordinance and Vision 2001-2020 Comprehensive Plan. This
commercial development, at a key intersection, will serve the needs of citizens and visitors in
accordance with the policies of the Comprehensive Plan. It takes property that has been
commercially unproductive and/or underdeveloped for a significant period of time and
enhances the Franklin Road commercial corridor.
Petitioners hereby proffer and agree that if the said property is rezoned as requested, that
the rezoning will be subject to, and that they will abide by, the following conditions:
1. The one billboard located on the property shall be removed prior to final
approval of a comprehensive site plan affecting the property on which the billboard is located.
2. The design of all buildings constructed on the property shall be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or re-combined parcels, as applicable.
4. Building facades facing Franklin Road shall be designed to resemble the
architecture of, and incorporate elements found in, the rest of the project. Architectural interest
will carry through to prevent the appearance of a blank wall. Facades shall also be articulated
with one or more of the following elements: window display boxes visible to vehicles and
3
pedestrians along Franklin Road, awnings and canopies, hanging, shingle or "blade" style signs
for tenant identification, architectural lighting, landscaping, etc..
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioners requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this o2 t3q~Z' day of October, 2004.
Respectfully submitted,
Bland A. Painter, III
Betty J. Painter
FR- 1 Investments, LLC
By: ~1 toT' ~
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
4
Bland A. Painter, IX! and Betty J. Painter and FR-1 Investments, LLC, owners of a
portion of the prop,try subje~'t to this petition, hereby consents to this petition,
including We volunta~5, proffers contained herein.
Blaa~d A. PainYe~, III~
FR-I INVESTMENTS, LLC
its: Member/Manager
Building Exchm~l~e Company, a Virginia corporation, owner of a portion of the
property subject tc this petition, hereby consents to this petition, in¢ludin..g the
voluntary proffers contained herein.
BULLDrNG EXCHANGE COMPANY
By: IMD In.vestm ent Group, LLC
By:~
Manager/Mere Der
Dsnie! L. Bearner, owner of a portion of the property sub3cct to this petition, hereby consents
to this petition, including the voluntary proffers contained herein.
D~n~¢l L. Beamer
The Branch Family L.LC., a Virginia limited liability company, owner of a pol~ion of
the proper~y subject to this petitioll, h~reby consea~ts ~:o this petition, including the
voluntary proffers c~yntained ~rein.
THE BRAN. C~M~LY L.L.C. /4
t~orfoik So,th~rn Cerpomt/~ s ¥irg~n/~ oarpor~a~ ~ of · portim of ~ho
pmpm'ty mbj~ ~o t~ p~dt~on (which p~rtlon consists 0f i3,$~4.6 ~qu~ fmc), hereby
con.~mts to f~ p~d~u, ~n¢~u~ng th~' vol~m~z-~ pm~fem m~nt~d~d
PHILI}a A, $HUCET
October 6, 2004
COMMONWEALTH VTtRGINIA
DEPARTMENT OF TRANSPORTATION
P0 ~OX 3071 RICHARD L. CAYWOOD,
SALEM, VA 24t5~-0560 D~ST~ICT
Ms. Mar/ha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor Room 162
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms Franklin:
Subject:
Rezoning of Surplus Right of Way
Approximately 13,373 square foot tract located on the East side of
Wonju Street as shown on attached plat prepared for Bland Painter
by Lumsden Associates, P.C. dated October 6th, 2004
The Commonwealth of Virginia, Virginia Department of Transportation, owner of the right of
way referenced above dc,es not object to the referred to portion of Wonju Street right of way
being included in the re~:oning petition for the adjacent tax map numbers, 1272504, 1272507,
1272505, 1150103 and i 150106.
The exact size and configaration of the tract and approval to convey is subject to approval by the
Corn rmnwealth Transportat'on Board at its discretion
,Sincerely, .................
District Right of Way & Utilities Manager
VlrginteDOT.arg
WE KEEP VIRGINIA MOVING
Comm: 2003-059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc. from Norfolk &Southem Railway. The description is as follows:
BEGEWNING at Come #A, said point being Station 121+29.24, station per Norfolk and
Southern station map V10-VA, 2-C, said point also being northeast corner of property of
Bland A. Painter, III, et ux, Roanoke City Tax #1272504; thence leaving Painter and with
2 new division lines thru property of Norfolk & Southern Kailway as follows; thence N
-66° 51' 40" E, 225.21 feet to Comer gB; thence N 66° 47' 00" E, 440.25 feet to Comer
gc, said point located at Station 114.+63.45, per Station Map V10-VA, 2-C; thence with
the right-of-way of Norfolk and Southern Railway, S 24° 40' 46" E, 6.29 feet to Corner
gD, said point being the northeasterly corner of property of Branch Family LLC,
Instrument #030012622. Koanoke City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 61.25 feet to Comer gE;
thence S 19° 39' 06" E, 32.37 feet to Comer gF, said point being northeasterly corner of
property of Branch Family LLC, Instrument #030012622, Tax g1150102; thence
continuing with Branch Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in all 419.93 feet to Comer
gG, said point located on northerly boaudary line of property ofFR 1 Investments, LLC,
Roanoke City Tax gl 150106, and continuing with FR 1 Investments, LLC, S 65° 37' 18"
W, passing northeast comer of Bland A. Painter, III, et ux, property at approximately 142
feet in ail 183.20 feet to Corner #H, said point located on Norfolk and Southern right-of-
way; thence leaving Painter and with Norfolk & Southern Railway; N 24° 22' 42" W,
15.00 feet to Corner #H, the place of BEGINNING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P.C., dated
S~ptember 10, 2004.
Comm: 2003-059
Tine following is a deed description for 13,373 s.f., property to be conveyed to Bland A.
Painter, III and Betty J. Painter fi'om Commonwealth of Virginia. The description is as
follows:
BEGINNING at Corner A, said point located on the easterly right-of-way of Wonju
Street. being Station .~4 17.83, 125.05 feet to the left ofcenterline, said point also located
on the southerly right-of-way of Norfolk & St?uthem Railway; thence leaving Norfolk &
Southern Railway and with the existing right-of-way of Wonju Stree~r for the following 5
courses; thence S 06° 18' 42" E, 149.07 feet to Corner B; thence S 03° 33' 57" W,
248.04 feet to Corner C: thence S 61 o 24' 39" W, 16.67 feet to Corner D; thence S t0°
35' 38"E, 69.65 feet to Corner E, said point being at Station 38+99.96, 70.00 left of
cenlerline of Wonju Street; thence with 2 new division lines through property of
Commonwealth of Virginia for the following 2 courses; S 27° 38' 10" W, 41.31 feet to
Comer F; thence N 00° 58' 46" W. 423.26 feet to Corner G, said point located at Stalion
34+23.57.95.81 feet left of centerline of WoRju Street, said point also located on
soulherly right-of-way of Norfolk & Southern RaiNvay; thence continuing with Norfolk
& Southern Railway right-of-way, N 65° 37' 00" E, 29.94 feet to Corner A, the place of
BEGINNING and containing 13,373 s.f. (0.307 ac.) as more particulm'ly shown on
Exhibit prepared by Lumsden Associates, P.C., dated October 6, 2004.
/
/
/
/
/
/
/
/
/
/
/
/
/
I
/
/
/
/
LUMSDEN ASSOCIA~
ROANOKE, ViRGINIA PLANNERS
ADJ01NING PROPERTY OWNERS
TO
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Tax Map No. 1150109
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern Corporation currently
within Norfolk Southern r/ght-of-way
.30 Acre Parcel currently within Wonju Street right-of-way
Tax Map Number
1150101
1272410
1272409
1272105
1272005
1272004
1272003
1272503
Owners/Addresses
Hemraj Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
Cecil E. Hodges, Jr.
Audrey R. Hodges
2024 Winston Avenue, S.W.
Roanoke, Virgima 24014
Pdchard A. Dearing
Nancy G. Dearing
P. O. Box 8224
Roanoke, Virginia 24014
Norris, Inc.
P.O. Box 12308
Roanoke, Virginia 24024
Commonwealth of Virginia
215 Church Avenue, S.W., Room 250
Roanoke, Virghnia 24011
1272501
1272502
T B C Associates LLP
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
1280613
Fulton Properties LLC
2525 Franklin Road, S.W.
Roanoke, Virginia 24014
1160102
Evelyn Lewis Cayton Revocable Trust
3630 Parkwood Drive, S.W.
Roanoke, Virginia 24018
1160109
1150204
H S W Enterprises
P. O. Box 21535
Roanoke, Virginia 24018
Michael J. Paplomatas
Angeloa R. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
1150206
Harry Gerald Garrett
247 Thompson Road, S.E.
Floyd, Virginia 24091
1150201
K. Wayne Booth
Beverly A. Booth
2326 Franklin Road, S.W.
Roanoke, Virginia 24014
1150203
1150205
Samuel M. Garst
Jeanette N. Garst
378 Calypso Road
Moneta, Virginia 24121-5343
1150202
Mack D. Cooper, II
1410 Main Street, S.W.
Roanoke, Virginia 24015
1050105
Adnil Properties LLC
3613 Peakwood Drive, S.W.
Roanoke, Virginia 24014
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
October 11, 2004
File #51
STEPHANIE M. MOON
l~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I
am enclosing copy of a petition received in the City Clerk's Office on October 7, 2004, from
Maryellen F. Goodlatte, Attorney, representing Bland A. and Betty J. Painter and FR-1
Investments, LLC., requesting that 12 tracts of land located at the intersection of Wonju
Street and Franklin Road, S. W., be rezoned from C-2, General Commercial District, C-2,
General Commercial Conditional and LM, Light Manufacturing District, to INPUD,
Institutional Planned Unit Development District, subject to certain conditions submitted by
the petitioners.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosures
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001-2887
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Phi4ip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
K:XRezonings and Streets and Allcys.04\Painter and FR-I lnvestraents, LLC.doc
GLENN
FELDMANN
DARBY
GOODLATTE
210 1st Street SW
Suite 200
Post Office Box 2887
Roanoke. Virginia 24001
540.224.8000
Fax 540.2248050
gfdgogfdg.com
October 7, 2004
MARYELLEN F. GOODLA'FrE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.com
HAND DELIVERED
Mr. Andrew Warren
Roanoke City Planning & Development
Municipal Building, Room 166
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re~
Rezoning of twelve (12) tracts of land lying and being in the City of
Roanoke, Virginia, at the intersection of Wonju Street and Franklin
Road, S.W., from C-2, C-2 Conditional and LM to INPUD
Dear Andrew:
On behalf of Bland A. Painter, III, Betty J. Painter and FR-1 Investments,
LLC, we enclose the following for filing:
An original and two copies of a Petition, with all
exhibits attached thereto, requesting that twelve (12)
tracts of land located in the City of Roanoke, Virginia, be
rezoned from C-2, C-2 Conditional and LM to INPUD;
Nine full-size copies of the Institutional Development
Plan; and
Our check in the amount of $1,275.00 to cover the cost
of filing.
Thank you for scheduling a meeting among you, the developer, Brian
Townsend, and me to review and discuss the contents of our anticipated
proffer as to signage. We fully expect to provide signage standards within a
proffer, but would like some additional opportunity to review the elements of
those standards with you and Brian before submitting the same.
1954 <:~e~:~.~ _.~)~r.~ ~ ~wi~ 2004
GLENN
FELDMANN
DARBY
GOODLAI'I t:
Mr. Andrew Warren
October 7, 2004
Page 2
Thank you for all of your assistance throughout this process. If you have any
questions or need further information, please do not hesitate to call me.
Very truly yours,
Maryellen F. Goodlatte
MFG:lnh:5129005
Enclosures
cc: Bland A. and Betty J. Painter, III (w/encs.)
J~ss-1 Investments, LLC (w/encs.)
· Mary F. Parker (w/encs.)
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying
and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., and briefly described as:
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
Tax Map No. 1150109 2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern
Corporation currently within Norfolk
Southern right-of-way
.30 Acre Parcel currently within Wonju Street
right-of-way
Zoned C-2/LM
Zoned C-2
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional
Zoned C-2 Conditional/LM
Zoned LM
Currently within NS
right-of-way
Currently within Wonju
Street right-of-way
from C-2 (General Commercial District), C-2 Conditional (General Commercial
District) and LM (Light Manufacturing District) as above noted to INPUD
(Institutional Planned Unit Development District) and such rezoning to be subject
to certain conditions.
FIRST AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
Petitioners Bland A. Painter, III and Betty J. Painter own the following property in the
City of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR-1
Investments, LLC, owns tax map parcel 1150106. The other properties listed above, not owned
by petitioners, are under contract to petitioners. The consents of those properly owners to this
rezoning petition are attached to this petition.
Said tracts are currently zoned either C-2 (General Commercial District), C-2
Conditional (General Commercial Distr/ct) or LM (Light Manufacturing District) as
individually identified above. A map of the property to be rezoned is attached as Exhibit A. A
metes and bounds description of the .31 acre portion of the Norfolk Southern right-of-way
and the .30 acre portion of Wonju Street included within this petition is attached hereto as
Exhibit B. Petitioners wish to rezone this property from C-2 (General Commercial District),
C-2 Conditional (General Commercial District), and LM (Light Manufacturing District) to
INPUD 'Institutional Planned Unit Development District) to allow for the more efficient and
harmonious development of Ivy Market, a mixed use retail/office development.
In 2003, approximately 7.3 acres of the property were rezoned in order to permit the
planning and site development associated with Ivy Market to proceed. Since that time,
petitioners have contracted to purchase adjoining properties in order to provide sufficient space
for the first class mixed use development envisioned for the site. Located at a key commercial
intersection, Ivy Market will visually enhance the Franklin Road corridor while providing
significant economic benefit beyond its current use.
An Institutional Development Plan prepared by Lumsden Associates dated October 7,
2004 is attached as Exhibit C and provides the detail required by the INPUD ordinance. As
illustrated on the concept plan, the INPUD zoning allows a better utilization of the site
2
permitting, for example, the placement of buildings much closer to Franklin Road than
currently permitted in the C-2 district.
Petitioners believe that the rezoning of said tracts of land will further the intent and
purposes of the City's zoning ordinance and Vision 2001-2020 Comprehensive Plan. This
commercial development, at a key intersection, will serve the needs of citizens and visitors in
accordance with the policies of the Comprehensive Plan. It takes property that has been
commercially unproductive and/or underdeveloped for a significant period of time and
enhances the Franklin Road commercial corridor.
Petitioners hereby proffer and agree that if the said property is rezoned as requested, that
the rezoning will be subject to, and that they will abide by, the following conditions:
1. The one billboard located on the property shall be removed prior to final
approval of a comprehensive site plan affecting the property on which the billboard is located.
2. The design of all buildings constructed on the property shall be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or re~combined parcels, as applicable.
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioners requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 5~ I'"- day of October, 2004.
Respectfully submitted,
Bland A. Painter, III
Betty J. Painter
FR-1 Investments, LLC
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
4
Bland A. Painter, Iii! and Betty ~..Pmuter and FK-! Investments, LLC, owners of a
portion of the prop~:rty ,ubjoct to this petition, hereby consents to this petition,
including the voltmta~7 proffers ¢ontain~ herein.
Bland A. Pain]t-er, III ~
Betty J. Paint~
FR-I INVESTMENTS, LLC
its:
B'n/Iding Exchange Company, a Virginia corporation., ow'ncr of a portion of tl~e
property subject tc this petition, hereby con.sents ;o this p~tition, including the
voluntm'y proffers cc ntmned' herein.
BUILDING EXCHANGE COMPANY
By: IMD Investment Group, LLC
Manager/Member
DmSo! L. Beamer, own~ of a potion of ~e prope~y subject ~o t~$ pe~on, hereby consem~
to t~s pe~oz4 ~nolud~uE the voluntary pro~T~ con~Lued h~
Da~! L. B~r
Th~ Branch Family L.L.C., a Virginia limited liability company, owner ora portion of
th~ property subjec'~ to this petition, hereby consents to this petitioa, including th~
voluntary proffers ccmtalned l'~rein.
~'~ T~r~as'6. ~anct~ Managd
!qOP~FO ~LK SOU THI/~ CORPORATION
itDsY:~
PHILIP A. SHUCET
October 6, 2004
COMMONWEALTH o[ V [R INIA
DEPARTMENT OF TRANSPORTATION
PO BOX 307~ RICHARD L CAYWOOD, P,E.
Ms. Mar/ha Franklin
Roanoke City Planning Commission
Municipal Building, First F~oor Room 162
2t5 Church Avenue, S. W.
Roanoke, Virginia 2,~01 ~
Dear Ms Franklin:
Subject:
Rezoning of Surplus Right of Way
Appro×irnately t3,373 square foot tract located on the East side of
Wonju Street as shown on attached plat prepared for Bland Painter
by Lumsden Associates, P.C. dated October 6th 2004
The Commonwealth of Virg/nia, Virginia Department of Transportation, owner of the right of
wa), referenced above dc~s not object to the referred to portion of Wonju Street rigt~t of way
being included in the rezoning petition for the adjacent tax map numbers, ~.272504, 1.272507,
1272505, 1150103 a.nd 1150106.
The exact size and configuration of the tract and approval to convey is subject to approval by the
Commonwealth Transporlation Board at its discretion.
Sincerely, ...-~
Dtsmct Right of Way & I. tfl~t~es Manager
VlrginfaDOT,org
WE KEEP VIRGINIA MOVING
I I
I I
I I
I I
I I
I I
I I
I
I I
/
/
Coram: 2003-059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc. from Norfolk &Southem Railway. The description is as follows:
BEGINNING at Comer gA, said point being Station 121+29.24, station per Norfolk and
Southern station map V10-VA, 2-C, said point also being northeast comer of property of
Bland A. Painter, III, et ux, Roanoke City Tax #1272504; thence leaving Painter and with
2 new division lines thru property of Norfolk & Southern Railway as follows; thence N
-66° 51' 40" E, 225.21 feet to Comer #B; thence N 66° 47' 00" E, 440.25 feet to Comer
#C, said point located at Station 114.+63.45, per Station Map V10-VA, 2-C; thence with
the fight-of-way of Norfolk and Southern Railway, S 24° 40' 46" E, 6.29 feet to Comer
#D, said point being the northeasterly comer of property of Branch Family LLC,
InsU-ument #030012622. Roanoke City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 61.25 feet to Comer #E;
thence S 19° 39' 06" E, 32.37 feet to Comer #F, said point being northeasterly comer of
property of Branch Family LLC, Instnnuent #030012622, Tax #1150102; thence
continuing with Branch Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in all 419.93 feet to Comer
#G, said point located on northerly boundary line of property ofFR 1 Investments, LLC,
Roanoke City Tax #1150106, and continuing with FR 1 Investments, LLC, S 65° 37' 18"
W, passing northeast comer of Bland A. Painter, III, et ux, property at approximately 142
feet in all 183.20 feet to Comer #H, said point located on Norfolk and Southern right-of-
way; thence leaving Painter and with Norfolk & Southern Railway; N 24° 22' 42" W,
15.00 feet to Comer #H, the place of BEGINNING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P.C., dated
September 10, 2004.
Corem: 2003-059
The following is a deed description for 13,373 s.f., property to be conveyed to Bland A.
Painter, III and Betty J. Painter fi'om Commonwealth of Virginia. The description is as
follows:
BEGINNING at Corner A, said point located on the easterly right-of-way of Wonju
Street, being Station 34+17.83, 125.05 feet to the left ofcenterline, said point also located
on the southerly right-of-way of Norfolk & Southern Railway; thence leaving Norfolk &
Southern Railway and with the existing right-of-way of Wonj ti Street for the following 5
courses; thence S 06° 18' 42" E, 149.07 feet to Corner B; thence S 03° 33' 57" W,
248.04 feet to Corner C; thence S 61° 24' 39" W, I6.67 feet to Corner D; thence S 10°
35' 38"E, 69.65 feet to Corner E, said point being at Station 38+99.96, 70.00 le~'t of
centertine of Wonju Street; thence with 2 new division lines through property of
Commonwealth of Virginia for the following 2 courses; S 27° 38' 10" W, 41.31 feet to
Corner F; thence N 00° 58' 46" W, 423.26 feet to Corner G, said point located at Station
34+23.57.95.81 feet left of centerline of WOl'lju Street, said point also located on
southerly right-of-way of Norfolk & Southern Railway; thence continuing with Norfolk
& Southern Railway right-of-way, N 65° 37' 00" E, 29.94 feet to Corner A, the place of
BEGINNING and containing 13,373 s.f. (0.307 ac.) as more particularly shown oa
Exhibit prepared by Lumsden Associates, P.C., dated October 6, 20(14.
/
/
/
/
/
/
/
/
/
i;
/
/
/
/
/
/
/
/
/
LUMSDEN ASSOCI A'I'E ~1,
RO^NORE, VIRGINIA NNERS ..L ~I°~ .......
ADJOINLNG PROPERTY OWNERS
TO
Tax Map No. 1272507
Tax Map No. 1150108
Tax Map No. 1272504
Tax Map No. 1272505
Tax Map No. 1150103
Tax Map No. 1150102
Tax Map No. 1150104
Tax Map No. 1150112
Tax Map No. 1150106
Franklin Road, S.W.
2219 Franklin Road, S.W.
2331 Franklin Road, S.W.
Franklin Road, S.W.
2329 Franklin Road, S.W.
Franklin Road, S.W.
2203 Franklin Road, S.W.
Franklin Road, S.W.
2309 Franklin Road, S.W.
Tax Map No. 1150109 2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern Corporation currently
within Norfolk Southern right-of-waY
.30 Acre Parcel currently within Wonju Street right-of-way
Tax Map Number
1150101
1272410
1272409
1272105
1272005
1272004
1272003
1272503
Owners/Addresses
Hemraj Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
Cecil E. Hodges, Jr.
Audrey R. Hodges
2024 Winston Avenue, S.W.
Roanoke, Virginia 24014
Richard A. Dearing
Nancy G. Dearing
P. O. Box 8224
Roanoke, Virginia 24014
Norris, Inc.
P.O. Box 12308
Roanoke, Virginia 24024
Commonwealth of Virginia
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
1272501
1272502
T B C Associates LLP
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
1280613
Fulton Properties LLC
2525 Franklin Road, S.W.
Roanoke, Virginia 24014
11601O2
Evelyn Lewis Cayton Revocable Trust
3630 Parkwood Drive, S.W.
Roanoke, Virginia 24018
1160109
H S W Enterprises
P. O. Box 21535
Roanoke, Virginia 24018
1150204
Michael J. Paplomatas
Angeloa R. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
1150206
Harry Gerald Garrett
247 Thompson Road, S.E.
Floyd, Virginia 24091
1150201
K. Wayne Booth
Beverly A. Booth
2326 Franklin Road, S.W.
Roanoke, Virginia 24014
1150203
1150205
Samuel M. Garst
Jeanette N. Garst
378 Calypso Road
Moneta, Virginia 24121-5343
1150202
Mack D. Cooper, II
1410 Main Street, S.W.
Roanoke, Virgima 24015
1050105
Adnil Properties LLC
3613 Peakwood Drive, S.W.
Roanoke, Virginia 24014
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vffginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 27, 2004
File #51
Briggs W. Andrews, Secretary
Carillon Medical Center
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Dear Mr. Andrews:
I am enclosing copy of Ordinance No. 36926-122004 rezoning 16 parcels of land
located on Reserve Avenue, Franklin Road, and Jefferson Street, S. W., Official Tax
Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1032201
and 1031902, from HM, Heavy Manufacturing District, and C-l, Office District, to
INPUD, Institutional Planned Unit Development District, subject to the Institutional
Development Plan, entitled Riverside Corporate Centre, dated October 5, 2004,
revised November 11 and November 24, 2004, and certain conditions proffered by
the applicant contained in the Third Amended Petition filed in the Office of the City
Clerk on December 7, 2004.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. ', CMC
City Clerk
MFP:ew
Enclosure
Briggs W. Andrews
December 27, 2004
Page 2
pc:
Norfolk Southern Railway, 110 Franklin Road, S. E., Roanoke, Virginia 24011
Roanoke Redevelopment and Housing Authority, P. O. Box 806, Fostoria, Ohio
44830
Virginia Scrap Iron & Metal Company, P. O. Box 8278, Roanoke, Virginia
24014
Timberbrook Properties VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia
24018
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Robert B. Marietta, Chair, City Planning Commission,
2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36926-122004.
AN ORDINANCE to amend {336.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 103, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the
City, subject to the Institutional Development Plan, entitled Riverside Corporate Centre, dated
October 5, 2004, revised November 11, and November 24, 2004, and certain conditions proffered by
the applicants; and dispensing with the second reading by title of this ordinance.
WHEREAS, Carillon Medical Center, CHS, Inc., and B & B Holdings, LLC have made
application to the Council of the City of Roanoke to have the hereinafter described property rezoned
from HM, Heavy Manufacturing District, and C- 1, Office District, to INPUD, Institutional Planned
Unit Development District, subject to the Institutional Development Plan, entitled Riverside
Corporate Centre, dated October 5, 2004, revised November 11, and November 24, 2004, and
subject to certain conditions proffered by the applicants;
WHEREAS, the City Planning Cormnission, which after giving proper notice to all
concerned as required by {336.1-693, 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
December 20, 2004, after due and timely notice thereof as required by {336.1-693, Code of the Cily of
Roanoke (1979), as amended, at which heating 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 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 ORDA1NED 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 No. 103
of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner
and no other:
Those sixteen parcels of land located on Reserve Avenue, S.W., Franklin Road, S.W., and
Jefferson Street, S.W., and designated on Sheet No. 103 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1032201 and 103 I902, be, and
are hereby rezoned from HM, Heavy Manufacturing District, and C-l, Office District, to INPUD,
Institutional Planned Unit Development District, subject to the Institutional Development Plan,
entitled Riverside Corporate Centre, dated October 5, 2004, revised November l l, and
November 24, 2004, and certain conditions proffered by the applicant, contained in the Third
Amended Petition filed in the Office of the City Clerk on December 7, 2004, and that Sheet No. 103
of the 1976 Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
City Clerk.
Board of Zoning Appeals
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540)853-1730 Fax: (540)853-1230
E-mail: planning @ ci.roanoke.va.us
December 20, 2004
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 Carillon Medical Center, CHS, Inc., and
B&B Holdings, that property located on Reserve
Avenue, S.W., Franklin Road, S.W., and Jefferson Street,
$.W., identified as Official Tax Nos. 1032203,1032209,
1032208, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006,1032005,
1032002, 1032001, 1032201, and 1031902 be
rezoned from HM, Heavy Manufacturing District, and
C-!, Office District, to INPUD, Institutional Planned Unit
Development District.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November
18, 2004. By a vote of 5-0 (Messrs. Marietta and Rife abstaining), the
Commission recommended approval of a second amended petition to
rezone to INPUD, Institutional Planned Unit Development.
Background:
The petitioner filed a request to rezone sixteen (16) Tax Map Parcels on
October 7, 2004. A first amended petition with a proffered condition was
filed on November 10, 2004. The petitioner filed a second amended
petition removing the proffered condition and adding similar language to
the petition's Institutional Development Plan on November 23, 2004.
Currently, all parcels are zoned HM, Heavy Manufacturing District with
the exception of Tax Map No. 1032201 which is split zoned HM, Heavy
Manufacturing District and C-1, Office District. The petitioner requests to
rezone sixteen (16) parcels containing approximately 22.15 acres to
INPUD, Institutional Planned Unit Development District, for the purposes
of developing a bio-medical research park. The required Institutional
Development Plan is included in the petition.
Considerations:
The surrounding land uses and zoning districts include:
· To the north beyond the Norfolk Southern right-of-way are
primarily single- and two-family dwellings on Maple Avenue and
Clarke Avenue zoned C-1, Office District.
· To the east are industrial uses including HM, Heavy
Manufacturing.
· To the south is the River's Edge Sports Complex zoned C-1,
Office District.
· To the west is a vacant parcel zoned HM, Heavy Manufacturing
District
The following actions and statements of V/s/on 2001-2020, the City's
Comprehensive Plan are relevant to the consideration of this petition:
· Support the redevelopment of the South Jefferson
Redevelopment Area (SJRA) by coordinating with participating
organizations such as Carillon, Virginia Tech, and the University
of Virginia (ED A]9, p.61).
· Explore redevelopment of areas identified for industrial,
commercial, and mixed-use development or reuse such as the
South Jefferson Redevelopment Area. An area plan should
include participation of stakeholders and design professionals
(ED A33, p.61).
· Building location and design should be considered as important
elements of the streetscape and should be used to define the
street corridor as a public place (p.95).
The City Council adopted the Redevelopment Plan for the South Jefferson
Redevelopment Area on February 5, 2001. The plan divides the one-
hundred and ten (110) acres south of Downtown into three districts:
Jefferson Street Corridor, Campus and Institutional Area, and The
Crossing. The subject parcels are part of the Campus area. South
Jefferson Redevelopment Area design guidelines and the supplemental
guidelines for the Campus and Institutional Area provide standards to
ensure new development fits with the local character while raising the
quality of the built environment in the project area. Guidelines are set
forth for sustainable design standards, building materials, on-site
lighting, landscaping, and signage. Many of the design guidelines provide
a higher level of scrutiny than regulations provided for in the Zoning
Ordinance. The design standards are covenants which run with the land
and are enforced by the Roanoke Redevelopment and Housing Authority.
For example, the design guidelines outline the materials and dimensions
for the specific type of signage. Monument signs will have a size
limitation of a maximum height of ten (10) feet and maximum width of
seven (7) feet. Directional signs will be limited to twenty-four (24) square-
feet and eight (8) feet above the grade. Although the number of signs is
not controlled, staff believes the limitation of the size of signage provides
greater ability to reduce overall sign clutter. The Campus and Institutional
District Standards further prescribes the preferred monument signage
system for the Campus area including sign mounting details, the colors,
and suggested manufacturers.
The Institutional Development Plan has three separate drawings: (C1)
Existing Conditions, (C2) Overall Site Plan, and (C3) Interim Site Plan. The
proposed development is a Iong-range project to be constructed in
phases over an extended timetable as depicted on the Overall Site Plan
(C2). The Interim Site Plan (C3) illustrates how the site will be developed
prior to the time when additional office or hotel uses necessitate
structured parking.
The petitioner's application satisfies the INPUD, Institutional Planned Unit
Development District, development standards and application
requirements as set forth in Sections 36.1-398 and 36.1-399 of the
Zoning Ordinance. The scaled development plan documents that
development standards, such as the open space ratio, is met by the
petitioner. Open space percentage for the site is 37.2%, well above the
required ~0% open space. The maximum floor area ratio for an INPUD is
ten (10). The proposed overall development has a floor area ratio of 1.8.
There are no maximum heights or minimum yard requirements in the
INPUD District, given the subject parcels do not abut a residential district
or residential use. However, South Jefferson Redevelopment Area design
guidelines prescribe that buildings on Reserve Avenue shall be between
sixty (60) feet to ninety (90) feet tall and buildings fronting on Jefferson
Street shall not exceed one-hundred and twenty (120) feet in height. The
design guidelines also outline a preferred buildincl setback of twelve (12)
feet and a maximum setback of twenty (20) feet f~om Jefferson Street.
The Institutional Development Plan satisfies the application requirement
399(b)(9) which calls for the petitioner to provide details proving activity
producing glare shall not be perceptible at or beyond the district
boundary. Site lighting will be consistent with the Outdoor Lighting
section of the South Jefferson Redevelopment Area design guidelines.
Furthermore, the maximum lighting level as measured at the property
line resulting from any proposed lighting fixtures shall not exceed 0.5
foot-candles. Parking lot lighting limits fixtures to white-light source
"down lights" designated for one (1) to two (2) foot-candles and not
broadcast light beyond the boundaries of the site. The Campus and
Institutional District Standards address site lighting further. The site
lighting section designates preferred models appropriate for certain areas
of the Campus District.
Sidewalks will be provided along the perimeter of the subject area with
pedestrian access to each building. An internal system of at-grade
pedestrian walkways and open spaces will be provided between
buildings. The project area is located in a FEMA Floodplain. Each building
has first floor parking in order to elevate the building out of floodplain.
Planning Commission discussion centered on the following:
· The landscaping requirements outlined in the South Jefferson
Redevelopment Area design guidelines. It was also discussed how
these requirements and zoning ordinance landscaping requirements
will apply to the phasing of this project. Staff stated that a
developer will be responsible for only landscaping in and around
the building and parking area being proposed for construction at
any one time.
· Clarifying how the walkway system will function. The proposed
development will provide pedestrian penetration to all buildings
from Jefferson Street and Reserve Avenue. In addition, the plan
provides for pedestrian connections to the internal-system of
walkways between the buildings from Jefferson Street and Reserve
Avenue.
No one addressed the Commission during the public hearing.
Recommendation:
By a vote of 5-0, the Commission recommended approval of the rezoning
request. INPUD, Institutional Planned Unit Development district is an
appropriate application of the district given the mix of uses and size of
the proposed development and the petition is consistent with many
design principles and policies set forth in I/is/on 2001-202~).
Respectfully submitted,
Robert B. Manetta, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community
Development
William M. Hackworth, City Attorney
Donald E. Lorton, Petitioner
Brad Allen, Petitioner
SECOND AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of fifteen (15) parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, identified herein with the
Roanoke City Official Tax Nos. 1032203, 1032209, 1032208,
1032207, 1032106, 1032105, 1032104, 1032103, 1032102,
1032101, 1032006, 1032005, 1032002, 1032001 and 1031902
containing 16.1196 acres, more or less, now HM, Heavy
Manufacturing District and one (1) pamel of land lying in the City of
Roanoke, on Reserve Avenue, identified herein with Roanoke City
Official Tax No. 1032201 containing 6.0340 acres, more or less,
now partially HM, Heavy Manufacturing District and partially C-1,
Office. All sixteen (16) being the property ("Property") to be
rezoned to INPUD, Institutional Planned Unit Development District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioners, Carillon Medical Center is the owner of the
parcels having the Official Tax Nos. 1032203, 1032207, 1032106,
1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001 and 1031902, ("CMC Parcels"), CHS, Inc. is the owner
of the parcel having the official Tax No. 1032201 and ("CHS, Inc.
Parcel"), and B & B HOLDINGS LLC is owner of the parcels having the
Official Tax Nos. 1032209 and 1032208 (B & B Parcels") which
constitutes the real estate commonly identified as Phase 1 in the South
Jefferson Redevelopment Plan. Said Parcels are currently zoned either
HM, Heavy Manufacturing District or C-1, Office District. A map of the
Property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979),
as amended, the Petitioners request that the Property be rezoned from
either C-1, Office District or HM, Heavy Manufacturing District to INPUD,
Institutional Planned Unit Development District. This rezoning will be
subject to the Institutional Development Plan submitted in conjunction with
this Petition, entitled Riverside Corporate Centre, issued the 5th day of
October, 2004, with a revision date of November 11, 2004, and a certain
condition proffered by the Petitioners.
The Petitioners believe that the rezoning of said Property will
further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan and that it will promote the development of this under
utilized industrial site into a modern commercial and office location, which
is expected to house research and laboratory facilities, resulting in a
stronger and more diversified economy.
Further, Petitioners believe that the proposed development as
described herein and as indicated on the Institutional Development Plan
is in conformity with the Redevelopment Plan for the South Jefferson
Redevelopment Area which the Roanoke City Council has created, by its
adoption, on March 19, 2001, of Resolution No. 35248-03191, and being
substantially in accord with City's Comprehensive Plan.
The Petitioner's phasing of the development may not follow the
numbered phases shown on sheet C2 of the Institutional Development
Plan.
Attached as Exhibit B are the names, addresses, and tax numbers
of the owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the Property to be rezoned.
WHEREFORE, the Petitioners request that the above-described
parcel of land be rezoned as requested in accordance with the provisions
of the Zoning Ordinance.
2
Respectfully submitted this 24th day of November, 2004.
CARILLON MEDICAL CENTER
(Owne/9~ CMC Parcels)
a'l'd E. Lor¥on, Treasurer
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
CHS, Inc.
(Owner: CHS, Inc. Parcels)
ona~'d-E~ Lor~(Y~, Treasurer
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
B & B HOLDINGS LLC
(Owner: B & B Parcels)
Title: Brad Allen, Member
Address: 217 Reserve Avenue
Roanoke, Virginia 24016
Telephone No.: 540 343 1586
3
U
EXHIBIT B
NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL
ADJACENT LOTS
PROPERTY ADDRESS TAX MAP
OWNER(S) NO.
City of Roanoke 215 Church Avenue SW 1040202
RM 250, Roanoke, Virginia
24011
Norfolk and 110 Franklin Road SE 1039003
Southern Roanoke, Virginia 24011
Railway Co.
Virginia Scrap P.O. Box 8278 4040102,
Iron & Metal Co. Roanoke, Virginia 24014 4040103,
4040104,
4040105,
4040201,
Roanoke P.O. Box 806 4040207,
Redevelopment Fostoria, Ohio 44830 4040202,
and Housing 4040204,
Authority 4040206,
4040203,
4040301,
40403O3,
4040306
Timberbrook 5100 Bernard Drive 1040102
Properties VI Roanoke, Virginia 24018
LLC
5
NOTICE:
Riverside Corporate Centre Institutional Development Plan,
South Jefferson Redevelopment Area, Gl, C1, C2, C3
are too large to scan.
Contact the City Clerk's Office for review.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
............................................... + .......................
BRIGGS W. ANDREWS, SECRETARY
213 S JEFFERSON STREET, SUITE 720
ROANOKE VA 24011
REFERENCE: 80125049
04477586
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V'r~rg%n'nia. Sworn and subscribed before me this
~_~ay of December 2004. Witness my hand and
official seal.
M~commis~Io~-~s ~.._'~J 7') (.~0'~___'
PUBL±~SHED ON: 12/03 12/10
TOTAL COo ~ 344 08
FILED ON: 12/10/04
N~ICE ~F FUEIC IIBIEI4G
(4477586)
Signature: .... ~_~/__~__~_--'_~_-_~____~_/_"__~_ ........ Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke wilI hold a Public Hearing on Monday,
December 20, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., on the question ofrezoning from HM, Heavy Manufacturing District, and
C-l, Office District, to 1NPUD, Institutional Planned Unit Development District, subject to the
Institutional Development Plan, entitled Riverside Corporate Centre, dated October 5, 2004, revised
November 11, and November 24, 2004, and certain proffers, the following property:
Those certain fifteen pamels of land located on Reserve Avenue, S.W., Franklin
Road, S.W., and Jefferson Street, S.W., identified as Official Tax Nos. 1032203,
1032209, 1032208, 1032207, 1032106, 1032105, 1032104, 1032103, 1032102,
1032101, 1032006, 1032005, 1032002, 1032001, 1032201 and 1031902.
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, December 16, 2004.
GIVEN under myhand this 1st day of December ,2004.
Mary F. Parker, City Clerk.
K/NOTICES/N REZO.CAKI LION AND B[I HOLDINGS 122004 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, December 3, 2004 and December 10, 2004.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Briggs W. Andrews, Secretary
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
(540) 981-7831
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, xrn, ginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk@ ci.roanoke.va.us
December 7, 2004
File #51
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a third amended petition received in the City
Clerk's Office on December 7, 2004, from Carillon Medical Center and 8 & B
Holdings, LLC., requesting that 15 parcels of land located on or near Reserve
Avenue, S. W., containing 16.1196 acres, more or mess, identified as Official Tax
Nos. 1032203, 1032207 - 1032209, inclusive, 1032101 - 1032106, inclusive,
1032006, 1032005, 1032002, 1032001 and 1031902, be rezoned from HM,
Heavy Manufacturing District; and that one parcel of land located on Reserve
Avenue, containing 6.0340 acres, more or less, identified as Official Tax No.
1032201, which is partially zoned HM, Heavy Manufacturing District, and C-1,
Office District, be rezoned to INPUD, Institutional Planned Unit Development
District.
MFP:ew
Enclosures
Mary F. Parker, CMC
City Clerk
L:\CLERK~DATA\CKEW 1 ~ONING AND STREET CLOSUREW. ezonings - Street Alley Closure 05Uanuary 05\Third Arr~nded CHS
Robert B. Manetta
December 7, 2004
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Briggs W. Andrews, Secretary, Carillon Medical Center, 213 S. Jefferson
Street, Suite 720, Roanoke, Virginia 2401!
J. E. Burkholder, Managing Member, B & B Holdings, LLC, 217 Reserve
Avenue, S. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
L:\CLERK~DA TA\CKEW 1 ~REZONING AND STREET CLOSURE~Rezonings - Street Alley Closure 05~Janumy 05XThird Amended CHS
THIRD AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of fifteen (15) parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, identified herein with the
Roanoke City Official Tax Nos. 1032203, 1032209, 1032208,
1032207, 1032106, 1032105, 1032104, 1032103, 1032102,
1032101, 1032006, 1032005, 1032002, 1032001 and 1031902
containing 16.1196 acres, more or less, now HM, Heavy
Manufacturing District and one (1) parcel of land lying in the City of
Roanoke, on Reserve Avenue, identified herein with Roanoke City
Official Tax No. 1032201 containing 6.0340 acres, more or less,
now partially HM, Heavy Manufacturing District and partially C-1,
Office. All sixteen (16) being the property ("Property") to be
rezoned to INPUD, Institutional Planned Unit Development District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioners, Carillon Medical Center is the owner of the
parcels having the Official Tax Nos. 1032203, 1032207, 1032106,
1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001 and 1031902, ("CMC Parcels"), CHS, Inc. is the owner
of the parcel having the official Tax No. 1032201 and ("CHS, Inc.
Parcel"), and B & B HOLDINGS LLC is owner of the parcels having the
Official Tax Nos. 1032209 and 1032208 (B & B Parcels") which
constitutes the real estate commonly identified as Phase 1 in the South
Jefferson Redevelopment Plan. Said Parcels are currently zoned either
HM, Heavy Manufacturing District or C-1, Office District. A map of the
Property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979),
as amended, the Petitioners request that the Property be rezoned from
either C-1, Office District or HM, Heavy Manufacturing District to INPUD,
Institutional Planned Unit Development District. This rezoning will be
subject to the Institutional Development Plan submitted in conjunction with
this Petition, entitled Riverside Corporate Centre, issued the 5th day of
October, 2004, with a revision date of November 24, 2004.
The Petitioners believe that the rezoning of said Property will
further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan and that it will promote the development of this under
utilized industrial site into a modern commercial and office location, which
is expected to house research and laboratory facilities, resulting in a
stronger and more diversified economy.
Further, Petitioners believe that the proposed development as
described herein and as indicated on the Institutional Development Plan
is in conformity with the Redevelopment Plan for the South Jefferson
Redevelopment Area which the Roanoke City Council has created, by its
adoption, on March 19, 2001, of Resolution No. 35248-03191, and being
substantially in accord with City's Comprehensive Plan.
The Petitioner's phasing of the development may not follow the
numbered phases shown on sheet C2 of the Institutional Development
Plan.
Attached as Exhibit B are the names, addresses, and tax numbers
of the owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the Property to be rezoned.
WHEREFORE, the Petitioners request that the above-described
parcel of land be rezoned as requested in accordance with the provisions
of the Zoning Ordinance.
2
Respectfully submitted this 7th day of December, 2004.
CARILLON MEDICAL CENTER
(Owner: _CMC Parcels)~
Donal0 ~. L6~'t~n, '~re~'~'r~r
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
CHS, Inc.
(Owner: CHS, Inc. Parcels)
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
B & B HOLDINGS LLC
(Owner: B & B Parcels)
Title: Brad Allen, Member
Address: 217 Reserve Avenue
Roanoke, Virginia 24016
Telephone No.: 540 343 1586
3
EXHIBIT B
NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL
ADJACENT LOTS
PROPERTY ADDRESS TAX MAP
OWNER(S) NO.
City of Roanoke 215 Church Avenue SW 1040202
RM 250, Roanoke, Virginia
24011
Norfolk and 110 Franklin Road SE 1039003
Southern Roanoke, Virginia 24011
Railway Co.
Virginia Scrap P.O. Box 8278 4040102,
Iron & Metal Co. Roanoke, Virginia 24014 4040103,
4040104,
4040105,
4040201,
Roanoke P.O. Box 806 4040207,
Redevelopment Fostoria, Ohio 44830 4040202,
and Housing 4040204,
Authority 4040206,
4040203,
4040301,
4040303,
4040306
Timberbrook 5100 Bernard Drive 1040102
Properties VI Roanoke, Virginia 24018
LLC
5
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, xruginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 7, 2004
File #51
Donald E. Lorton, Treasurer
Carilion Medical Center
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Brad Allen, Managing Member
B & B Holdings, LLC
217 Reserve Avenue, S. W.
Roanoke, Virginia 24016
Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Carilion Medical Center, CHS, Inc., and B&B
Holdings, that property located on Reserve Avenue, S. W., Franklin Road, S. W., and
Jefferson Street, S. W., identified as Official Tax Nos. 1032203, 1032209, 1032208,
1032207, 1032106, 1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001, 1032201, and 1031902 be rezoned from HM, Heavy Manufacturing
District, and C-1, Office District, to INPUD, Institutional Planned Unit Development District.
For your information, I am enclosing copy of a reporl of the City Planning Commission and
a notice of public hearing. Please review the documents and if you have questions, you
may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with
regard to the City Planning Commission report should be directed to the Department of
Planning, Building and Development at 540-853-1730.
L:\CLERK~DATA\C KEW 1 ~P ublic Heatings 2004~December 2004~Attomcys and Adjoining ProperW Owners.doc
Donald E. Lotion
Brad Allen
December 7, 2004
Page 2
It will be necessary for you, or your representative, to be present at the December 20
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:\CLERKq3ATA\CKEW l Wublic Hearings 2004~)ecember 2004~Attomeys and Adjoining Property Owners.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'u'ginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 7, 2004
File #51
Norfolk Southern Railway
110 Franklin Road, S. E.
Roanoke, Virginia 24011
Virginia Scrap Iron & Metal Company
P. O. Box 8278
Roanoke, Virginia 24014
Roanoke Redevelopment and
Housing Authority
P. O. Box 806
Fostoria, Ohio 44830
Timberbrook Properties VI, LLC
5100 Bernard Drive, S. W.
Roanoke, Virginia 24018
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Carillon
Medical Center, CHS, Inc., and B&B Holdings, that property located on Reserve
Avenue, S. W., Franklin Road, S. W., and Jefferson Street, S. W., identified as Official
Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1032201,
and 1031902 be rezoned from HM, Heavy Manufacturing District, and C-1, Office
District, to INPUD, Institutional Planned Unit Development District.
The City Planning Commission is recommending that Council approve the request.
If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
L:\CLERK~DATA\C1CEW 1 ~P ublic Hearings 2004~cember 2004~Attorneys and Adjoining Ih'opm'vd Owners.doc
Interested Property Owners and/or Adjoining Property Owners
December 7, 2004
Page 2
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\C LERK~DATA\CKEW 1 ~Public Hearings 2004~x:ember 2004~Attomeys and Adjoining property Owners.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'nc~0nia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ cLroanoke.va.us
November 24, 2004
File #51
STEPHAN1E M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I
am enclosing copy of the second amended petition received in the City Clerk's Office on
November 24, 2004, from Carilion Medical Center and B & B Holdings, LLC., requesting
that 15 parcels of land located on or near Reserve Avenue, S. W., containing 16.1196
acres, more or less, identified as Official Tax Nos. 1032203, 1032207 - 1032209, inclusive,
1032101 - 1032106, inclusive, 1032006, 1032005, 1032002, 1032001 and 1031902, be
rezoned from HM, Heavy Manufacturing District; and that one parcel of land located on
Reserve Avenue, containing 6.0343 acres, more or less, identified as Official Tax No.
1032201, which is partially zoned HM, Heavy Manufacturing District, and C-1, Office
District, be rezoned to INPUD, Institutional Planned Unit Development District, subject to
the Institutional Development Plan, entitled Riverside Corporate Centre, dated October 5,
2004, and revised on November 11, 2004, and a certain condition proffered by the
petitioners.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
K:~Agenda - Miscel Cortes\Second Amended Petition - Carilion Medical Center and B & B Holdings, LLC.doc
Robert B, Manetta
November 24, 2004
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Briggs W. Andrews, Secretary, Carilion Medical Center, 213 S. Jefferson
Street, Suite 720, Roanoke, Virginia 24011
J. E. Burkholder, Managing Member, B & B Holdings, LLC, 217 Reserve
Avenue, S. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
K:~Agenda - Miscel Corres~Second Amended Petition - Carillon Medical Center and B & B Holdings, LLC.doc
SECOND AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKET VIRGINIA
IN RE:
Rezoning of fifteen (15) parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, identified herein with the
Roanoke City Official Tax Nos. 1032203, 1032209, 1032208,
1032207, 1032106, 1032105, 1032104, 1032103, 1032102,
1032101, 1032006, 1032005, 1032002, 1032001 and 1031902
containing 16.1196 acres, more or less, now HM, Heavy
Manufacturing District and one (1) parcel of land lying in the City of
Roanoke, on Reserve Avenue, identified herein with Roanoke City
Official Tax No. 1032201 containing 6.0340 acres, more or less,
now partially HM, Heavy Manufacturing District and partially C-I,
Office. All sixteen (16) being the properly ("Property") to be
rezoned to INPUD, Institutional Planned Unit Development District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioners, Carillon Medical Center is the owner of the
parcels having the Official Tax Nos. 1032203, 1032207, 1032106,
1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001 and 1031902, ("CMC Parcels"), CHS, Inc. is the owner
of the parcel having the official Tax No. 1032201 and ("CHS, Inc.
Parcel"), and B & B HOLDINGS LLC is owner of the parcels having the
Official Tax Nos. 1032209 and 1032208 (B & B Parcels") which
constitutes the real estate commonly identified as Phase 1 in the South
Jefferson Redevelopment Plan. Said Parcels are currently zoned either
HM, Heavy Manufacturing District or C-1, Office District. A map of the
Property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979),
as amended, the Petitioners request that the Property be rezoned from
either C-1, Office District or HM, Heavy Manufacturing District to INPUD,
Institutional Planned Unit Development District. This rezoning will be
subject to the Institutional Development Plan submitted in conjunction with
this Petition, entitled Riverside Corporate Centre, issued the 5th day of
October, 2004, with a revision date of November 11, 2004, and a certain
condition proffered by the Petitioners.
The Petitioners believe that the rezoning of said Property will
further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan and that it will promote the development of this under
utilized industrial site into a modern commercial and office location, which
is expected to house research and laboratory facilities, resulting in a
stronger and more diversified economy.
Further, Petitioners believe that the proposed development as
described herein and as indicated on the Institutional Development Plan
is in conformity with the Redevelopment Plan for the South Jefferson
Redevelopment Area which the Roanoke City Council has created, by its
adoption, on March 19, 2001, of Resolution No. 35248-03191, and being
substantially in accord with City's Comprehensive Plan.
The Petitioner's phasing of the development may not follow the
numbered phases shown on sheet C2 of the Institutional Development
Plan.
Attached as Exhibit B are the names, addresses, and tax numbers
of the owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the Property to be rezoned.
WHEREFORE, the Petitioners request that the above-described
parcel of land be rezoned as requested in accordance with the provisions
of the Zoning Ordinance.
2
Respectfully submitted this 24th day of November, 2004.
CARILLON MEDICAL CENTER
(Owner2~ CMC Parcels)
Do a'l'd E. Loffon, Treasurer
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
CHS, Inc.
(Owner: CHS, Inc. Parcels)
By:/~'~7 ~~/"'
Donai'd-E~ Lor~6~, Treasurer
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
B & B HOLDINGS LLC
(Owner: B & B Parcels)
Title: Brad Allen, Member
Address: 217 Reserve Avenue
Roanoke, Virginia 24016
Telephone No.: 540 343 1586
3
EXHIBIT B
NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL
ADJACENT LOTS
PROPERTY ADDRESS TAX MAP
OWNER(S) NO.
City of Roanoke 215 Church Avenue SW 1040202
RM 250, Roanoke, Virginia
24011
Norfolk and 110 Franklin Road SE 1039003
Southern Roanoke, Virginia 24011
Railway Co.
Virginia Scrap P.O. Box 8278 4040102,
Iron & Metal Co. Roanoke, Virginia 24014 4040103,
4040104,
4040105,
4040201,
Roanoke P.O. Box 806 4040207,
Redevelopment Fostoria, Ohio 44830 4040202,
and Housing 4040204,
Authority 4040206,
4040203,
4040301,
4040303,
4040306
Timberbrook 5100 Bernard Drive 1040102
Properties VI Roanoke, Virginia 24018
LLC
5
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
· OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
T¢le!0hon¢: (540) 853-2541
Fax: (540) 853-1145
E-mail: elerk(~ ci.roanok¢.v a. us
November 11, 2004
File #51
STEPHAN1E M. MOON
Deputy Ci~ Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an amended petition received in the City Clerk's
Office on November 10, 2004, from Carillon Medical Center and B & B Holdings,
LLC., requesting that 15 parcels of land located on or near Reserve.Avenue, S. W.,
containing 16.1196 acres, more or less, identified as Official Tax Nos. 1032203,
1032207 1032209, inclusive, 1032101-1032106, inclusive, 1032006,
1032005, 1032002, 1032001 and 1031902, be rezoned from HM, Heavy
Manufacturing District; and that one parcel of land located on Reserve Avenue,
containing 6.0343 acres, more or less, identified as Official Tax No. 1032201,
which is partially zoned HM, Heavy Manufacturing District, and C-1, Office District,
be rezoned to INPUD, Institutional Planned Unit Development District, subject to a
certain condition proffered by the petitioners.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L:~CLERK\DATA\CI~EW 1 ~Rezonings - Street Alley Closing 04~December 20(M~Amended Carilion Medical Center and B & B Holdings, LLC.doc
Robert B. Manetta
November 11,2004
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Briggs W. Andrews, Secretary, Carillon Medical Center, 213 S. Jefferson
Street, Suite 720, Roanoke, Virginia 24011
J. E. Burkholder, Managing Member, B & B Holdings, LLC, 217 Reserve
Avenue, S. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of fifteen (15) parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, identified ~herein with .tl~e
Roanoke City O~ficial Tax Nos. 1032~203, 10322~09, 10322~08,
1032,~07, 10321~06, 10L~?.~05, 1032704, 1032103, 1032162,
1032101, 1032~)06, 1032005, 103L:Y002, 1032~b01 and 1031~02
containing 16.1196 acres, more or less, now HM, Heavy
Manufacturing District and one (1) parcel of land lying in the City of
Roanoke, on Reserve Avenue, identified herein with Roanoke City
Official Tax No. 1032~01 containing 6.0340 acres, more or less,
now partially HM, Heavy Manufacturing District and partially C-1,
Office. All sixteen (16) being the property ("Property") to be
rezoned to INPUD, Institutional Planned Unit Development District,
such rezoning to be subject to a certain condition proffered by the
petitioners.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioners, Carilion Medical Center is the owner of the
parcels having the Official Tax Nos. 1032203, 1032207, 1032106,
1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001 and 1031902, ("CMC Parcels"), CHS, Inc. is the owner
of the parcel having the official Tax No. 1032201 and ("CHS, inc.
Parcel"), and B & B HOLDINGS LLC is owner of the parcels having the
Official Tax Nos. 1032209 and 1032208 (B & B Parcels") which
constitutes the real estate commonly identified as Phase 1 in the South
Jefferson Redevelopment Plan. Said Parcels are currently zoned either
HM, Heavy Manufacturing District or C-1, Office District. A map of the
Property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979),
as amended, the Petitioners request that the Property be rezoned from
either C-1, Office District or HM, Heavy Manufacturing District to INPUD,
Institutional Planned Unit Development District. This rezoning will be
subject to the Institutional Development Plan submitted in conjunction with
this Petition, entitled Riverside Corporate Centre, issued the 5th day of
October, 2004, with a revision date of November 11, 2004, and a certain
condition proffered by the Petitioners.
The Petitioners believe that the rezoning of said Property will
further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan and that it will promote the development of this under
utilized industrial site into a modern commercial and office location, which
is expected to house research and laboratory facilities, resulting in a
stronger and more diversified economy.
Further, Petitioners believe that the proposed development as
described herein and as indicated on the Institutional Development Plan is
in conformity with the Redevelopment Plan for the South Jefferson
Redevelopment Area which the Roanoke City Council has created, by its
adoption, on March 19, 2001, of Resolution No. 35248-03191, and being
substantially in accord with City's Comprehensive Plan.
The Petitioner's phasing of the development may not follow the
numbered phases shown on sheet C2 of the Institutional Development
Plan.
Attached as Exhibit B are the names, addresses, and tax numbers
of the owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the Property to be rezoned.
In requesting this rezoning, the Petitioners voluntarily proffers and
agrees to the following conditions that
The freestanding signage shall be in accordance with the
South Jefferson Redevelopment Area design guidelines.
Building mounted signs shall be limited to one (1) square
foot of signage area for each linear foot of the building
fagade.
WHEREFORE, the Petitioners request that the above-described
parcel of land be rezoned as requested in accordance with the provisions
of the Zoning Ordinance.
2
Respectfully submitted this 10-/~ day of November, 2004.
CARILLON MEDICAL CENTER
Donald E; Lor~onyTre~'~ur~r ~'
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
CHS, Inc.
(Owner: CHS, Inc. Parcels)
By:
Dofia'rd E. Lo~or~l'reasurer
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
Telephone No.: 540 224 5062
B & B HOLDINGS LLC
(Owner: B & B Parcels)
Title: Brad'A-l~, Me-~-ber
Address: 217 Reserve Avenue
Roanoke, Virginia 24016
Telephone No.: 540 343 1586
3
m
EXHIBIT B
NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL
ADJACENT LOTS
PROPERTY ADDRESS TAX MAP
OWNER(S) NO.
City of Roanoke 215 Chumh Avenue SW 1040202
RM 250, Roanoke, Virginia
24011
Norfolk and 110 Franklin Road SE 1039003
Southern Roanoke, Virginia 24011
Railway Co.
Virginia Scrap P.O. Box 8278 4040102,
Iron & Metal Co. Roanoke, Virginia 24014 4040103,
4040104,
4040105,
4040201,
Roanoke P.O. Box 806 4040207,
Redevelopment Fostoria, Ohio 44830 4040202,
and Housing 4040204,
Authority 4040206,
4040203,
4040301,
4040303,
4040306
Timberbrook 5100 Bernard Drive 1040102
Properties VI Roanoke, Virginia 24018
LLC
5
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
October 11,2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEIL~ N. HARTMAN
Assistant City Clerk
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I
am enclosing copy of a petition received in the City Clerk's Office on October 7, 2004, from
Carillon Medical Center and B & B Holdings, LLC., requesting that 15 parcels of land
located on or near Reserve Avenue, S. W., containing 16.1196 acres, more or less,
identified as Official Tax Nos. 1032203, 1032207 - 1032209, inclusive,
1032101 - 1032106, inclusive, 1032006, 1032005, 1032002, 1032001 and 1031902, be
rezoned from HM, Heavy Manufacturing District; and one parcel of land located on
Reserve Avenue, S. W., containing 6.0343 acres, more or less, identified as Official Tax
No. 1032201, which is partially zoned HM, Heavy Manufacturing District, and C-1, Office
District, be rezoned to INPUD, Institutional Planned Unit Development District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosures
L:\CLERK\DATA\CKEW 1 ~.ezonings - Street Alley Closing 04\October 04\Carilion Medical Center and B & B Holdings, LLC.doc
Robed B. Mane~a
October11,2004
Page 2
pcz
The Honorable Mayor and Members of the Roanoke City Council
Briggs W. Andrews, Secretary, Carilion Medical Center, 213 S. Jefferson
Street, Suite 720, Roanoke, Virginia 24011
J. E. Burkholder, Managing Member, B & B Holdings, LLC, 217 Reserve
Avenue, S. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, S,~.cretary, City Planning Commission
Philip C. Schirmer, Cit,.., Engineer
William M. Hackwo-~ City Attorney
Steven J. Talevi, / ~ant City Attorney
L:\CLERKkDATA\CKEW1 \Rezonings - Street Alley Closing 04\October 04\Carillon Medical Center and B & B Holdings, LLC.doc
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of fifteen (15) parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, identified herein with the
Roanoke City Official Tax Nos. 1032203, 1032209, 1032208,
1032207, 1032106, 1032105, 1032104, 1032103, 1032102,
1032101, 1032006, 1032005, 1032002, 1032001 and 1031902
containing 16.1196 acres, more or less, now HM, Heavy
Manufacturing District and one (1) parcel of land lying in the City of
Roanoke, on Reserve Avenue, identified herein with Roanoke City
Official Tax No. 1032201 containing 6.0340 acres, more or less,
now partially now HM, Heavy Manufacturing District and partially
C-1, Office. All sixteen (16) being the property ("Property") to be
rezoned to INPUD, Institutional Planned Unit Development District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioners, Carillon Medical Center is the owner of the
parcels having the Official Tax Nos. 1032203, 1032207, 1032106,
1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005,
1032002, 1032001 and 1031902, ("CMC Parcels"), CHS, Inc. is the owner
of the parcel having the official Tax No. 1032201 and ("CHS, Inc.
Parcel"), and B & B HOLDINGS LLC is owner of the parcels having the
Official Tax Nos. 1032209 and 1032208 (B & B Parcels") which
constitutes the real estate commonly identified as Phase 1 in the South
Jefferson Redevelopment Plan. Said Parcels are currently zoned either
HM, Heavy Manufacturing District or C-1, Office District. A map of the
Property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979),
as amended, the Petitioners request that the Property be r ezoned from
either C-1, Office District or HM, Heavy Manufacturing District to INPUD,
Institutional Planned Unit Development District. This rezoning will be
subject to the institutional development plan submitted in conjunction with
this Petition, entitled Riverside Corporate Centre, issued the 5th day of
October, 2004.
The Petitioners believe that the rezoning of said Property will
further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan and that it will promote the development of this under
utilized industrial site into a modern commercial and office location, which
is expected to house research and laboratory facilities, resulting in a
stronger and more diversified economy.
Further, Petitioners believe that the proposed development as
described herein and as indicated on the Institutional Development Plan Js
in conformity with the Redevelopment Plan for the South Jefferson
Redevelopment Area which the Roanoke City Council has created, by its
adoption, on March 19, 2001, of Resolution No. 35248-03191, and being
substantially in accord with City's comprehensive plan.
The Petitioner's phasing of the development may not follow the
numbered phases shown on sheet C2 of the Institutional Development
Plan
Attached as Exhibit B are the names, addresses, and tax numbers
of the owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the Property to be rezoned.
WHEREFORE, the Petitioners request that the above-described
parcel of land be rezoned as requested in accordance with the provisions
of the Zoning Ordinance.
2
Respectfully submitted this "~ day of October, 2004.
Respectfully submitted,
CARILLON MEDICAL CENTER
(Owner: CMC Parcels)
Briggs W. ~t,r~drews, Secretary
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
(540 981 7831)
CHS, Inc.
(Owner: CHS, Inc. Parcels)
Briggs W. A~l~ews, Secretary
213 S. Jefferson Street, Suite 720
Roanoke, Virginia 24011
(540 981 7631)
B & B HOLDINGS LLC
(Owner: B & B Parcels)
Address: 217 Reserve Avenue
Roanoke, Virginia 24016
Telephone No.: 540 343 1586
3
EXHIBIT A
500' 250'
NOR1
0
EXHIBIT B
NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL
ADJACENT LOTS
PROPERTY ADDRESS TAX MAP
OWNER(S) NO.
City of Roanoke 215 Church Avenue SW 1040202
RM 250, Roanoke, Virginia
24011
Norfolk and 110 Franklin Road SE 1039003
Southern Roanoke, Virginia 24011
Railway Co.
Virginia Scrap P.O. Box 8278 4040102,
Iron & Metal Co. Roanoke, Virginia 24014 4040103,
4040104,
4040105,
4040201,
Roanoke P.O. Box 806 4040207,
Redevelopment Fostoria, Ohio 44830 4040202,
and Housing 4040204,
Authority 4040206,
4040203,
4040301,
4040303,
4040306
Timberbrook 5100 Bernard Drive 1040102
Properties VI Roanoke, Virginia 24018
LLC
5
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, November 18, 2004, at 1:30 p.m., or as soon as the matter may be
heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., to consider the following:
Request from Carilion Medical Center, CHS,lnc., and B & B Holdings, that
property located on Reserve Avenue, S.W., Franklin Road, S.W., and
Jefferson Street, S.W., identified as Official Tax Nos. 1032203, 1032209,
1032208, 1032207, 1032106, 1032105, 1032104, 1032103 1032102,
1032101, 1032006, 1032005, 1032002, 1032001, 1032201 and 1031902
be rezoned from HM, Heavy Manufacturing District, and C-1, Office
District, to INPUD, Institutional Planned Unit Development District.
A copy of the application is available for review in the Department of
Planning Building and Development, Room 166, Noel C. Taylor Municipal
Building.
All parties in interest and citizens may appear on the above date and be
heard on the matter. If you are a person who needs accommodations for this
hearing, please contact the Department of Planning Building and Development at
853-1730 before 12:00 neon on the Monday before the date of the hearing listed
above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, November 2 and 9, 2004.
Please bill:
CHS, Inc.
Briggs W. Andrews
213 Jefferson Street, S.W., Suite 720
Roanoke, VA 24011
(540) 224-5062
Please send affidavit of publication to:
Mar[ha P. Franklin,
Depar[ment of Planning Building & Development
Room 166, Municipal Building,
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Carilion Medical Center, CHS, Inc., B & B Holdings, LLC on )
Reserve, Jefferson and Franklin from HM and C-1 to INPUD )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of October, 2004, notices of a public hearing to be held on the 18th day of
November, 2004, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
1040202
1039003
Owner's Name
City of Roanoke
Parks & Recreation
Norfolk & Southern Railway Co.
4040102
4040103
4040104
4040105
4040201
404O2O7
4040202
4040204
4040206
4040203
4040301
4040303
4040306
1040102
Virginia Scrap Iron & Metal Co.
Roanoke Redevelopment and Housing
Authority
Timberbrook Properties VI, LLC
Martha Pace Franklin
Mailing Address
110 Franklin Road, SE
Roanoke, VA 20411
P O Box 8278
Roanoke, VA 24014
P O Box 6359
Roanoke, VA 24017
5100 Bernard Drive
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of October, 2004.
Notary Publ~c- F
My Commission Expires: ~ _ g. cg _ 0 "7
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Bland and Betty Painter and FR-1 Investments, LLC on )
Franklin and Wonju, S.W., from C-2 and LM to INPUD )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2~2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of October, 2004, notices of a public hearing to be held on the 18th day of
November, 2004, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
1150101
O.._wner's Name
Hemraj Trading Company
1272410
1272409
1272105
CecilE. Hodges, Jr.
Audrey R. Hodges
Richard A. Dearing
Nancy G. Dearing
Norris, Inc.
1272005
1272004
1272003
1272503
1272501
1272502
1280613
Commonwealth of Virginia
c/o Jack P. Orr
Department of Transportation
District ROW & Utilities Manager
TCB Associate,s LLP
Fulton Properties, LLC
116O102
1150204
1150206
Evelyn Lewis Cayton Revocable Trust
Michael J. Paplomatas
Angela R. Paplomatas
Harry Gerald Garrett
1150201
Mailinq Address
5848 Olde Locke Court
Roanoke, VA 24018
2024Winston Avenue
Roanoke, VA 24014
P O Box 8224
Roanoke, VA 24014
P O Box 12308
Roanoke, VA 24024
P O Box 3071
Salem, VA 24153
2580 Broadway Street
Roanoke, VA 24014
2525 Fmnklin Road, SW
Roanoke, VA 24014
3630 Parkwood Drive
Roanoke, VA 24018
5065Williamsburg Coud
Roanoke, VA 24018
247 Thompson Road
Floyd, VA 24091
K. Wayne Booth
Beverly A. Booth 2326 Franklin Road
Roanoke, VA 24014
1150203 Samuel M. Garst 378 Calypso Road
1150205 Jeanette N. Garst Moneta, VA 24121
1150202
1050105
Mack D. Cooper, II
AdnilPrope~ies, LLC
Also mailed to:
Frank Smith, President, Neighbors in South Roanoke
Barbara Duerk, Neighbors in South Roanoke
1410 Main Street, SW
Roanoke, VA 24015
3613 Peakwood Drive
Roanoke, VA 24014
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20~h day of October, 2004.
Notary Public //
My Commission Expires: 3- ~:,,~1~- 0'-7'
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 27, 2004
File #51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36927-122004 authorizing the City Manager
to enter into a land disposition and development agreement between the City of
Roanoke and Colonial Green L.C., to provide for the conveyance, in phases, of
approximately 23 acres of City property on Colonial Avenue, S. W., to Colonial
Green, L.C., the developer, in exchange for the development and creation of a mixed
density traditional neighborhood community design and layout consistent with the
City's Vision 2001-2020 Comprehensive Plan, and furnishing all required site
development infrastructure for the project, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 27, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Robert B. Manetta, Chair, City Planning Commission,
2831 Stephenson Avenue, S. W., Roanoke, Virginia 240:~4
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2004.
No. 36927-122004.
AN ORDINANCE authorizing the City Manager to enter into a land disposition and
development agreement between the City of Roanoke and Colonial Green L.C., to provide
for the conveyance, in phases, of approximately 23 acres of City property on Colonial
Avenue, S. W., to Colonial Green, L.C., the developer, in exchange for the development and
creation of a mixed density traditional neighborhood community design and layout consistent
with the City's Vision 2001 - 2020 Comprehensive Plan, and furnishing all required site
development infrastructure for the project, upon certain terms and conditions; and dispensing
with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an
agreement with Colonial Green, L.C., to provide for conveyance of City property on Colonial
Avenue, S. W., to Colonial Green, L. C., in exchange for the development and creation of a
mixed density traditional neighborhood community design layout consistent with the City's
Vision 2001 - 2020 Comprehensive Plan, and furnishing all required site development
infrastructure, upon such terms and conditions as are more particularly described in the City
Manager's letter and attachments, dated December 20, 2004, to this Council.
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.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December20,2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly 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: Agreement for the Development of
Colonial Green
Background:
The City and Colonial Green, L.C., (originally Colonial Partners, LLC) the
developer previously selected through a Request for Proposals for the
development of the approximately 23 acre City-owned property ocated on
Colonial Avenue, have completed the negotiation of a land disposition and
development agreement This agreement prov des for the phased disposition
and physical development of the site in a manner cons stent with the provisions
of the City's Request for Proposals for the creat'on of a mixed dens ty traditional
neighborhood design and layout.
Consideration:
The proposed development, which will requ re the approval of a rezoning
petition to rezone the property from its current RS-2, Single Family Residential
District to an RPUD, Residential Planned Unit Development Distr ct, s proposed
to be comprised of approximately 28 s ng e family 61 townhouse, and 90 mu ti-
family dwelling units. The site will also conta n an add t ona 42,000 square feet
of residential,live-work, and commercial space, contained in a mixed-use
structure located along the Colonial Avenue frontage. The development of the
project will be subject to an approved RPUD development plan, and general site
and architectural design guidelines contained n the Deve opment Pattern Book
which is an exhibit to the development agreement, and wh ch also wi be a
proffered condition of the rezoning request.
Mayor Harris and Members of City Council
December 20, 2004
Page 2
The developer will be responsible for the provis on of all public improvements
for the development including the construction and dedication of public rights-
of-way, water and sewer utility infrastructure, storm water infrastructure, open
spaces, and landscaping. The developer will be responsible for the provision of
private infrastructure including natural gas, electric, cab e telev s on and
telephone service facilities. The developer will also construct a distinctive
gateway entrance into the development from Colonial Avenue and will share n
the cost of any required future signalization at that entrance with Colonial
Avenue up to $50,000. All public improvements on the s te will be subject to
the requirements of, the Ci,ty's Subdivi~sion Ordinance, including all applicable
surety amou. nts. /ne total amount ol' the deve oper's nvestment for the project
is estimatecl at slightly over $49 Million. It is estimated that at build out, the
development would generate over $700,000 in real estate tax revenues annually.
The agreement provides for the approximately 23.7 acre property, current y
assessed at approximately $2.6 Million, to be conveyed to the deve oper in three
phases for nominal monetary consideration, in exchange for the developer
agreeing to develop the site as a traditional neighborhood community consistent
with the City's Vision 2001-2020 Comprehensive Plan, and provid ng a re,quired
site development infrastructure. The agreement provides that each phase s
conveyance to the developer be triggered by a spec tic eve of completion of
either infrastructure or dwelling units in the preceding phase Each phase
provides for a similar number of the various dwelling unit types to be
constructed so that at any given time during the development of the project, a
full variety of housing types will be available to market. The agreement
contemplates that the development would be completed w th n seven (7) years
from ts n tiation.
The proposed agreement confirms the remaining term of an existing lease of a
portion of the property to the New Vista Montessori School. The lease
agreement for that portion of the site will remain in effect until August 31,2005.
A copy of the proposed agreement and exhibits are attached to this report for
the City Council's review and information.
Recommended Action:
Authorize the City Manager to
the City of Roanoke.
DLB:rbt
execute this development agreement on behalf of
City Manager
Attachment
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Rolanda Russell, Assistant City Manager for Community Development
Brian Townsend, Director, Planning Building and Development
CM04-00192
Sports Fain ~,ersion 4- 11/3/04
AGREEMENT FOR THE DEVELOPMENT OF COLONIAJ~ Gi~EI~.N
TIIIS AGREEMENT made and entered into this __ day of November, 2004, by
and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation (the
"City"), and COLONIAL GREEN, L.C., a Virginia limited liability company (the
"Developer"),
WITNESSETH:
WF/E. REAS, the City circulated Proposal No. 02-12-04 for the development of a first-
class, mixed-use community, which incorporates residential single-family, residential multi-
family, and commercial space along Colonial Avenue, S.W. (the "Project");
WHEREAS, Developer submitted a response for development of the Project, which the
City desires to accept, as modified by the Developer;
WHI~REAS, City owns certain property located in the City, assessed at $2,656,300,
containing approximately 23.742 acres of land at the edge of the City limits, fronting on Colonial
Avenue, S. W., and identified as Official Tax No. 1570101, as further described as "Parcel B-1'
on the description attached hereto as Exhibit A (the "Property");
WHEREAS, subject to the terms and provisions of this Agreement, Developer desires to
acquire the Property and develop and construct the Project;
WHEREAS, the parties recognize and agree that the Project is complex, will be
developed in three Phases, and may not be completed within seven (7) years;
WHv:REAS, subject to the terms and provisions of this Agreement, Developer intends to
enhance the Colonial Avenue neighborhood of the City by developing the Project, including the
construction of a visually significant gateway (the "Gateway"), in accordance with the
preliminary design plans set forth in Exhibit B hereto, to the Project fronting on Colonial
Avenue, thus improving the image and economic vitality of the Colonial Avenue area and
stimulating development of other commercial, office, and residential facilities located in the
City;
WFII~.REAS, the City has determined that development and completion of the Project
will result in substantial benefits to the welfare of the City and its inhabitants, and in the public
purposes and governmental interests served, including, but not limited to, the real estate tax
benefits, the personal property tax benefits, the BPOL tax benefits, the sales tax benefits, the
utility tax benefits to be received by the City, and the entployment benefits to City, both during
construction and on an ongoing basis thereafter;
WHEREAS, the City has found that it is in the public interest of the citizens of the City,
and that it is consistent with the economic development goals of the City and with the
Comprehensive Plan, "Vision 2001-2020," for the Project to be developed in order to stimulate
development of existing facilities in order to generate higher City revenues; and
WFIEREAS, City and Developer hereby intend to set forth their understanding,
agreements, rights and responsibilities in order to facilitate jointly the implementation of this
Agreement.
NOW, THEREFORE, in consideration of the payment by Developer to the City of Ten
Dollars ($10.00) and the mutual covenants, conditions, promises, representations and warranties
herein contained and other good and valuable consideration, including Developer's agreeing to
develop the Phases as part of a traditional neighborhood community, as set forth in the
Comprehensive Plan and the Development Plan, the receipt and sufficiency of which are hereby
acknowledged by each of the parties hereto, the parties hereto hereby agree as follows:
1. THE PROJECT. The Project to be developed by the Developer on the Property shall
be constructed in three phases, beginning with Phase I, as such phases are depicted on Exhibit C
hereto ("Phasing Plan - Revised November l, 2004" - hereinafter the "Phasing Plan"). The total
estimated cost of the Project is $49,265,344.32. Each of these phases and the infrastructure to
be installed during each such phase, is as follows:
PHASE I: Developer shall cause to be constructed in Phase I at least 6 single-
family homes, 28 townhouses, 30 condominiums and not less than an additional
42,000 square feet of live/work space (retail, commercial, apartment and/or
condominium). Developer shall cause to be constructed in Phase I the
infrastructure identified in Exhibit D.1 hereto.
PHASE II: Developer shall cause to be constructed in Phase I1 at least 12
single-family homes, 17 townhouses, and 30 condominium or apartment units.
Developer shall cause to be constructed in Phase II the infrastructure identified in
Exhibit D.2 hereto.
PHASE III: Developer shall cause to be constructed in Phase EI at least 10
single-family homes, 16 townhouses, and 30 condominium or apartment units.
SFv3h.doc
2
Developer shall cause to be constructed in Phase 111 the infi'astructum identified ill
Exhibit D.3 hereto.
2. PLAT OF SUBDIVISION. Developer shall have prepared, at its expense, as soon
as practical after execution of this Agreement, a plat of subdivision of the Property that is in
substantial conformance with the Phasing Plan, in conformance with the City's Subdivision
Ordinance, subdividing the Property into the three Phases of the Project. The plat shall show
where the infrastructure required for the Project will be constructed, and prior to conveyance of
each Phase the Developer shall post with the City whatever surety is required by the City's
Subdivision Ordinance to ensure the construction of such infrastructure.
3. REZONING. After the Developer has submitted to the City, at the Developer's
expense, the proposed.development plan for the Project conforming to the requirements of
§§36.1-289, et seq., Code of the City of Roanoke (1979), as amended (''Development Plan"), the
City shall petition for a rezoning of the Prope.t}'y to RPUD, Residential Planned Unit
Develonment District. All fees and expenses associated with the rezoning shall be borne by the
City.
The Development Plan submitted to the City by the Developer shall include a rezidential
"pattern hook," which shall include architectural renderings, conceptual floor plans, and other
illustrative exhibits depicting the architectural styles, construction methods, and proposed
building materials for each type of residential unit to be constructed by Developer within the
Project
4. CONVEYANCE OF PROPERTY.
(a)(1) PHASE I. Following the rezoning of the Property to RPUD, recordation of the
initial subdivision plat identifying and locating Phase I, and approval by the City of the
Development Plan, the City will convey to the Developer Phase I of the Property for the nominal
consideration of Ten Dollam ($10.00). All conveyances under this Agreement are to be by
general warranty deed, and the Property is to be conveyed in its "as is" condition. Subject to the
provisions herein, the removal or demolition of any structure or existing infrastructure on the
Property shall be the responsibility of tile Developer.
(a)(2) Developer shall commence the Actual and Substantial Development of the
residential and commercial units and the infrastructure within Phase I within one (1) month of
the conveyance of Phase I to the Developer. Other than the construction lender's deed of trust,
SFv3h.doc 3
Developer shall not permit any liens to be placed on the Property within Phase I anless and until
the City Representative certifies, in writing, that Actual and Substantial Development has
commenced. Once the Developer has received such certification, it may sell Lots to third parties.
(a)(3) If Actual and Substantial Development has not commenced in Phase I within one
(1) month of the conveyance of Phase I to the Developer, the Developer shall reconvey the
Property to the City within fifteen (15) days after the expiration of the one month period, at the
Developer's sole expense, free and clear of any liens.
(a)(4) No certificate of occupancy, either temporary or permanent, shall be issued for
any of the retail/commemial space in Phase I, and such space shall not be occupied, until such
time as a permanent certificate of occupancy for ten (10) of the residential units in Phase I have
been issued, and another, ten (10) of the residential units in Phase I are under construction.
(b)(l) PHASE II. Upon the City determining that (i) fifty percent (50%) of the
infrastructure to be installed in Phase I has been completed, and (ii) 75 % of the Gateway has
been completed the City will convey to Developer Phase II of the Property, on the same terms
and conditions as Phase I was conveyed. Should the Developer desire to delay final landscaping
of the Gateway due to seasonal concerns, it may post surety to ensure the completion of that
portion of the landscaping that would be required to constitute the 75 % completion
requirements.
(b)(2) Developer shall commence the Actual and Substantial Development of the
residential units and of the infrastructure within Phase II within one (1) month of the conveyance
of Phase II to the Developer. Other than the construction lender's deed of trust, Developer shall
not permit any liens to be placed on the Property within Phase II unless and until the City
Representative certifies, in writing, that Actual and Substantial Development has commenced.
(b)(3) If Actual and Substantial Development has not commenced in Phase II within one
(1) month of the conveyance of Phase II to the Developer, the Developer shall reconvey the
Property within Phase II to the City within fifteen (15) days after the expiration of the one month
period, at the DeVelopers' sole expense, free and clear of any liens.
(b)(4) During the development of Phase II, building permits for no more than a total of
seventy five percent of the single-family and townhouse units in Phase I and Phase II will be
issued until such time as thc condominium/apartment building in Phase I is constructed to the
point of being framed and under roof.
SFv3h.doc 4
(c)(I) PHASE 111. Upoa the City determining that at least niuety pement (90%) of the
infrastructure in Phase I is completed, that at least fifty pement (50%) of the infrastructure in
Phase II is completed, and that at least twenty-two (22) permauent certificates of occupancy have
been issued for either townhouses or single-family detached homes, or a combination of the two,
in either Phase I or II, the City will convey to the Developer Phase IH of the Property, on the
same terms and conditions as Phase I was conveyed.
¢)(2) Developer shall commence the Actual and Substantial Development of the
residential units and of the infrastructure within Phase III within one (1) month of the
conveyance of Phase III of the Property to the Developer. Other than the construction lender's
deed of trust, Developer shall not permit any liens to be placed on the Property within Phase III
unless and until the C. ity Representative certifies, in writing, that "Actual and Substantial
Development' has commenced.
(c)(3) If Actual and Substantial Development has not commenced in Phase III within
one (1) month of the conveyance of Phase III to the Developer, the Developer shall reconvey the
Property within Phase 1II to the City within fifteen (15) days after the expiration of the one
month period, at the Developer's sole expense, free and clear of any liens.
(c)(4) During the development of Phase IIL building permits for no more than twenty-
three (23) additional townhouse or single-family units shall be issued for Phase 1I or III (in
addition to the units already permitted under (b)(4) above) until such time as the
condominium/apamnent building in Phase II is under construction to the point of being framed
and under roof.
(e)(5) The condominium/apartment building in Phase III must be under construction to
the point of being framed and under roof before building permits to construct any of the
remaining single-family residences in Phase III may be issued.
5. TRAFFIC SIGNAL. If and when required by VDOT, the City shall initiate the
design and installation of a traffic signal at the intersection of Colonial Avenue and the
entraneeway into the Project. If such requirement occurs prior to the Final Completion of the
Project, the Developer shall reimburse the City within thirty (30) days of being billed for the
same fifty percent (50%) of the actual cost of fabricating and installing such signal, up to Fifty
Thousand Dollars ($50,000.00). All other right-of-way inaprovements shall be the responsibility
of the Developer.
SFv3h.doc 5
6. INFRASTRUCTURE.
(a) The Developer sball be responsible for all infrastructure, public and
private, whether on or off the Project site, necessary for the Project. All infrastructure shall be
designed and constructed to the standards of the City or other applicable agency.
(b) "Public infrastructure" shall include all required right-of-way
improvements, including curb, gutter, sidewalks, street lighting, and landscaping; water, sanitary
sawer', and stom~ drainage systems. All public infrastructure shall be subject to the requirements
of the City's Subdivision Ordinance, including applicable surety amounts.
(c) "Private infrestrueture" shall include natural gas, telephone,
telecommunications, cable television, and electric distribution and service facilities.
(d) Other than as necessary to physically connect public utilities to the Project
and as required for a de-acceleration lane into the Project from Colonial Avenue, the City will
not require any offsito infrastructure that would be the.responsibility of the Developer.
7. DEVELOPER'S OBLIGATIONS.
The Developer agrees:
(a) To be responsible for obtaining, at its expense, all site development,
building, and related permits for the Project, with the exception of the costs borne by the City
pursuant to Section 3 above.
(b) To be responsible for obtaining at its expense any special exception
permits or variances necessary for the Project, with the exception of the rezoning contemplated
in Section 3, which shall be the responsibility of the City.
(c) To make quarterly detailed written reports to the City Representative as to
the status of the construction of the required infrastructure, lot preparation, and constxuction of
units.
(d) To pay all applicable taxes, including real estate taxes on the Property,
once conveyed to the Developer.
8. REASONABLE DETERMINATION. Whenever in this Agreement a
determination or approval is required by either party, such determination or approval shall be
reasonable, timely and not unduly burdened unless specified to the contrary.
9. COMPLETION. Subject to delays beyond the reasonable control of Developer,
Developer shall achieve Final Completion of the construction of the Project on or before the
SFv3h.doc 6
seventh (7th) anniversary of the Start Date, as indicated by submission of a Ccrtificate of
Substantial Completion by the Project Architect. In the event that Final Completion of the
construction of the Project is not achieved by such seventh (7th) anniversary for good cause
shown, the City Representative shall have the right but not the obligation to extend such seventh
(Tth) anniversary date up to three (3) additional years.
Notwithstanding anything herein to the contrary, in the event of enfomed delay in the
performance by either party of obligations under this Agreement due to unforeseeable causes
beyond its control and without its fault or negligence, including, but not restricted to acts of God;
acts of the govemmant; unforeseeable market conditions which may delay development
completion, including but not limited to a marked increase of the Federal Funds rate, acts of the
other party, strikes, freight embargoes, terrorism, fires, floods, unusually severe weather, or
delays of subcontractors due to such causes. The time for performance of all obligations under
the Agreement slmll be extended for the period of the chromed delay, after a reasonable time for
resumption of activities, provided that the period so extended shall not exceed a total often (10)
years from Start Date, and further provided that the party claiming such delay notifies the other
party in writing, in accordance with the requirements of Section 17. Such notice will contain (i)
the nature of the delay (ii) actions taken or to be taken to cure such delay and (iii) the expected
timeframe, in days, in which the delay shall affect or extend the Project.
10. ASSIGNMENT. The City and the Developer each binds itself, its partners,
successors, assigns and legal representative to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party in response of all
covenants of this Agreement. Neither the City nor Developer shall assign, sublet or transfer its
interest in this Agreement without written notice to, and the written consent of the other, which
consent shall not be unreasonably withheld, delayed, or conditioned.
Notwithstanding anything herein to the contrary, the following assignments are hereby
agreed to:
a. Any affiliate of Developer, or entity in which the Developer or its members have a
controlling interest, provided Developer remains liable for all obligations contained
herein.
SFv3h.doc 7
b. Nothing herein shall prevent the sale of Lots to a tbird party builder or
owner/occupant once the approved subdivision plat is recorded.
c. Nothing herein shall prevent the sale of Lots to a Builder or Owner for the
development of condominiums, in accordance with the Condominium Act under Title
55 of the Code of Virginia.
d. Nothing herein shall prevent the assignment of Developer's rights to a construction
lender or bonding agent, subject to notice being given to the City Representative.
11. THIRD PARTIES. The City shall not be obligated or liable hereunder to any
party other than the Developer or its agreed to assignees.
12. FINANCING. The Developer shall notify the City in advance of any deed of
trust financing it proposes to enter into with respect to the Property, and of any encumbrance or
lien that has been created by the Developer on or attached to the Property, whether by voluntary
act of the Developer or otherwise. For the purposes of such deed of trust financing as may be
made pursuant to this Agreement, the Property may, at the option of the Developer or successor
in interest, be divided into several parts or Lots, provided that such subdivision is not
inconsistent with the purposes of the Development Plan and this Agreement. The language in
this Subsection shall not operate to prevent a Builder or Owner from obtaining construction or
permanent financing against any Lot pumhased from the Developer.
13. DEVELOPER'S RESPONSIBILITP.~q The Developer shall, at its sole expense,
comply with the provisions of the laws of the Commonwealth of Virginia and all federal and
local statutes, ordinances, and regulations that are applicable to the performance of this
Agreement, and procure all necessary licenses and permits.
14. REPRESENTATIONS OF THE DEVELOPER. In order to induce City to
enter into this Agreement, the Developer represents and warrants to City as follows as of the date
of this Agreement:
a. The Developer is empowered to enter into this Agreement, to be bound hereby, and to
perform according to the terms hereof;
b. Any and all actions necessary to enable the Developer to enter into this Agreement
(including actions to be taken by members of the Developer) and to be bound hereby,
have been duly taken;
SFv3h.doc 8
c. Tile Developer or persons executing or attesting thc exccntion of this Agrccn~en! oil
behalf of the Developer has or have beer~ duly attthorized and empowered to so
execute or attest;
d. There exists no litigation, actions, suits, investigations or proceedings pending against
the Developer, or to the Developer's actual knowledge threatened, which if
determined adversely, would materially and adversely affect the ability of the
Developer to carry out its obligations under this Agreement or the transactions
contemplated hereunder;
e. This Agreement is a valid and binding obligation of the Developer enforceable in
accordance with its respective terms, except as may be affected by applicable
bankruptcy or insolvency laws affecting creditors' rights generally; and
f. Neither the execution and delivery of this Agreement, nor the consummation of the
transactions herein contemplated, will conflict with or result in a breach of any of the
terms, conditions or provisions of the Developer's articles of organization or
operation agreement, or of any agreement or instrument to which the Developer is
now a party or otherwise bound or to which any of its properties or other assets is
subject, or of any order or decree of any court or governmental instrumentality, or of
any arbitration award, franchise or permit, or constitute a default thereunder.
15. REPRESENTATIONS OF THE CITY. In order to induce Developer to enter
into ~is Agreement, the City represents and warrants to Developer as follows as of the date of
this Agreement:
a. The City is empowered to enter into this Agreement, to be bound hereby, and to
perform according to the terms hereof;
b. A~y and all actions necessary to enable the City to enter into this Agreement,
including action by the City Council, and to be bound hereby, have been duly taken;
c. The City or persons executing or attesting the execution of this Agreement on
behalf of the City has or have been duly authorized and empowered to so execute or
attest;
d.
SFv3h.doc
There exists no litigation, actions, suits, investigations or proceedings pending
9
against the City, or to the City's actual knowledge threatened, which if determined
adversely, would materially and adversely affect the ability of the City to carry out its
obligations under this Agreement or the transactious contemplated hereunder;
e. This Agreement is a valid and binding obligation of the City euforeeable in
accordance with its respective terms, except as may be affected by applicable bankruptcy
or insolvenoy laws affecting creditors' rights generally; and
f. Neither the execution and delivery of this Agreement, nor the consummation of
the transactions herein contemplated, will conflict with or result in a breach of any of the
terms, conditions or provisions of the legislation creating the City or of any agreement or
instrument to which the City is now a party or otherwise hound or to which any of its
properties or o~her assets is subject, or of any order or decree of any court or
governmental instrumentality, or of any arbitration award, franchise or permit, or
constitute a default thereunder.
16. CITYtS FAILURE TO CONVEY. If the City does not tender the conveyance or
possession of the Property in the manner and condition, and by Closing Date, and the failure is
not cured within 120 days after written demand by the Developer (the "Cure Period"), then this
Agreement shall, in Developer's sole discretion, be either (i) cancelled, or (ii) the Developer
shall be entitled to sue for specific performance.
If prior to or at the time of Closing of any Phase, a cloud, encumbrance, or other defect in
title is noted by the Developer which makes the title being conveyed to the Developer not
marketable, and such cloud, encumbrance, or defect can be eliminated by the City through the
power of oondemnation, then the cloud, encumbrance, or defect shall be so eliminated by the
City at the City's own expense within the Cure Period, and the Developer need not accept title
prior to such elimination. In the event the cloud, encumbrance, or defect on the Property subject
to condemnation cannot be eliminated or cured within the Cure Period, then the Developer may
either extend the Cure Period an additional 120 days, or accept such title as the City may convey
or may reject the acceptance of such title. If the Developer rejects such title, then the Developer
may terminate this Agreement, and recover reasonable costs and expenses incurred.
SFv3h.doc 10
17. NOTICE OF DEFAULT~ OPPORTUNITY 'FO CURE.
Whenever the City shall give any notice to the Developer and to any construction lender
or bonding agent of Developer of any breach or default by the Developer in its obligations or
covenants under this Agreement, the City shall at the same time deliver to each holder of record
of any security interest authorized by this Agreement a copy of the notice or demand. Each
holder shall, insofar as the rights of the City are concerned, have the right at its option to cure thc
breach or default and to add the cost thereof to the Developer's debt and its security interest.
In the event of any default under this Agreement by either party the breaching party shall,
upon written notice from the other, proceed immediately to cure the default and shall cure the
default within 30 days after r~ceipt of the notice. In the event of a default or a contingency that
cannot with due diligence be reasonably cured within 30 days the oure period shall b~ extended a
reasonable amount of time provided that the breaching party prooecds with all due diligence to
cure the breach. If after receiving written notice from the aggrieved party to proceed promptly
and with all due diligence to cure and to prosecute the curing of such default (subject to
unavoidable delays), the breaching party fails to take action, the aggrieved party may institute
such proceedings as may be necessary in its opinion to cure the default, including, but not limited
to, proceedings to compel specific performance by the party in default of its obligations.
18. EQUAL EMPLOYMENT OPPORTUNITY.
(a) During the performance of this Agreement, the Developer agrees as follows:
1. The Developer will not discriminate against any employee or applicant for
employment becausc of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except where religion,
sex or national origin is a bona fide occupational qualification reasonably necessary to the
normal operation of the Developer. The Developer agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. The Developer, in all solicitations or advertisement for employees placed
by or on behalf of thc Developer, will state that such Developer is an equal opportunity
employer.
SFv3h.doc Il
3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this Section.
(b) The Developer will include the provisions of the foregoing paragraphs 1, 2, and 3
in every subcontract or purchase order of over $10,000, so that provisions will be binding upon
each subcontractor or vendor.
19. ENTIRE AGREEMENT,
This Agreement and any exhibits incorporated by reference into this Agreement
constitute the entire agreement between the pa~ties, and no condition or provisions, whether oral
or written, in any previous proposal or communication by either of the parties, or any prior
agreement or other understanding between them shall be of any effect, anything in any such
proposal, communication or agreement to the contrary notwithstanding.
20. AMENDMENTS. Any changes as may be mutually agreed upon by and
between the City and the Developer shall be agreed to by written amendment to this Agreement
21. NOTICE. Any notice, bills, invoices, or reports required by this Agreement
shall be sufficient if sent in writing, via certified mail, return receipt requested, to the addressees
noted below:
CITY:
City Manager
City of Roanoke
364 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
DEVELOPER:
With a copy to:
Colonial Green, L. C.
P. O. Box 10296
Blacksburg, Virginia 24062
Attu: Joyce L. Graham, Managing Member
(540) 320-5215 (office)
(540) 268-2222 (fax)
ileraham~usit.net
Meade A. Spotts, Esq.
SpottsFain, P.C.
P. O. Box 1555
Richmond, Virginia 23188-1555
(804) 788-1345 (office)
SFv3h.doc
12
(804) 421-3273 (fax)
mspotts(~spottslbin.com
22. SEVERABILITY OF CLAUSES. It is agreed that the illegality or invalidity of
any term or provisions of this Agreement shall not affect the validity of the remainder of this
Agreement, and it shall remain in full force and effect as if such illegal or invalid term or
provision were not contained herein.
23. MULTIPLE COPIES. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original.
24. GOVERNING LAW. This Agreement and all questions of construction of the
provisions hereof and of the rights and liabilities of the parties shall be construed and determined
in accordance with the applicable laws of the Commonwealth of Virginia.
25. APPROVALS. Other than approvals mandated by City ordinance, if submitted
plans such as residential unit plans conform to the provisions of the Development Plan and
proposals made by the Developer, the City shall formally approve the plans, and no further filing
by the Developer or approval by the City shall be required. Such plans shall, in any event, be
deemed approved unless formal rejection thereof by the City, in full or in part, setting forth in
detail the reasons therefore, shall be made within 30 days after their submission to the City. If the
City rejects the plans in whole or in part as not being in conformity with the Development Plan,
the Developer shall submit new or corrected plans which are in conformity with the
Development Plan within 30 days after written notification to it of the rejection, and the
provisions of this Section relating to approval, rejection, and resubmission of corrected plans
shall continue to apply until approved by the City; provided that the Developer submits such
satisfactory plans no later than 150 days after the original submission. The approval referred to in
this Section shall be at the discretion of the City but which shall not be unreasonably withheld,
delayed, or conditioned.
26. BOND AND SURETY. Any bonds or surety required by the City under the terms
of this Agreement shall (i) be issued by an institution qualified to transact business in Virginia,
(ii) contain a termination notice of not less than thirty (30) days, (iii) shall name the City as an
additional beneficiary, and (iv) shall be subject to the reasonable approval of the City
27. DEFINITIONS..
SFv3h.doc 13
General. For purposes of this Agreement, except as otherwise expressly provided or
unless the context otherwise requires:
a. The temps defined in this Article have the meanings assigned to them and include the
plural as well as the singular;
b. All accounting terms not otherwise defined herein have the meanings assigued to
them in accordance with generally accepted accounting priociples as applied to
Developer; and
e. The words "herein", "hereof" and "hereunder" and other words of similar import refer
to this Agreement as a whole and not to a particular Section.
Specific. Unless the context clearly indicates to the contrary, the tern'ts listed below shall
be construed in accordance with the following definitions:
a. "Actual and Substantial Development" within a respective Phase means the posting
of surety required to complete the public infi'astrueture therein, the commencement of
land disturbance activities thereon, and the securing of portions of the Property with a
deed of trust for the Developer's construction lender.
b. "A~reemant" means this Agreement For The Developmant Of Colonial Green.
c. "Builder" means any person or entity which acquires Lots for the purpose of
improving such Lots for resale to Owners or for lease to tenants.
d. "Certificate of Substantial Completion" means a certificate substantially similar to
AIA Document G704-2000.
e. "City" means the City of Roanoke, Virginia.
f. "Ciw Representative" means the City Manager of the City or such person(s) as may
be authorized in writing by the City Manager to act for her with respect to any or all
matters pertaining to this Agreement.
g. Closing. The terms "Closing," "Closing Date," or "Close of Escrow" shall mean the
completion of the sale and purchase and conveyance of any Phase of the Property
contemplated by this Agreement as signified by the delivery of all documents
required to be recorded in the Office of the Clerk of the Circuit Court of City of
Roanoke, Commonwealth of Virginia, all in accordance with the terms of aais
SFv3h. doc 14
SFv3h.doc
Agreement. The Closing Date tbr Phase I shall be simultaneous with the Start Date.
h. "Council" means the City Council of the City of Roanoke, Virgima.
i. "Comprehensive Plan" means "Vision 2001-2020" of the City of Roanoke, Virginia,
adopted by Council on January 2 I, 2003.
j. "Developer" means Colonial Green, L. C., a limited liability company organized
under the laws of the Commonwealth of Virginia.
k. "Development Plan" means the detailed drawing, blueprints and specifications used
by Developer and Builders for the construction of the Project, as approved through
the rezoning process.
I. "Effective Date" means when the City ratifies this Agreement.
m. "Final Completion" means (i) the receipt by the City of the Certificate of Substantial
Completion, (ii) the release of all surety 'and/or bond~ by any lender of Developer,
and (iii) the reasonable acceptance by the City of all infrastructure, to include but not
limited to all applicable public infrastructure.
n. "Gateway" means all aspects and improvements comprising the en~raace way to the
Project, as shown in Exhibit B, and in detail as a portion of Phase I in Exhibit C.
o. "Lot" means (i) any plot of land designated for separate ownership or occupancy
shown on the Development Plan, or (ii) a unit in a condominium association or a unit
in a real estate time-share.
p. "Owner" means the record holder of the fee simple title to any Lot, whether referring
to one person or entity or collectively to more than one person or entity that have joint
ownership of a Lot, including contract sellers; the term "Owner" shall exclude those
having an interest merely as security for the performance of an obligation.
q. "Pattern Book" means that certain assemblage of patterns for construction prepared
by Hill Studios, dated November I, 2004, and attached hereto as Exhibit E. The
City Representative shall have the authority to approve any revisions deemed
substantial and material by the parties.
"Phase" refers to the real property development of any or all of Phase I, Phase II, or
15
Phase Ill, as they may appear in tile Phasing Plan.
s. "Phasing; Plan" means that depiction of Project development Revised November 1,
2004, attached hereto as Exhibit C.
t. "Project Architect" means the amhitect hired by Developer to prepare the plans and
specifications for the Project, Hill Studio, or other amhitects and/or engineers as tile
Developer may find necessary.
u. "RPUD" means Residential Planned Unit Development district of the City's zoning
ordinance.
"Start Date" means 30 days after the Zoning Approval Date of the planned unit
development, when the comprehensive development plan approval for that Phase of
the Project is unconditionally issued, and the issuance of such soil disturbance and/or
building permit is final and non-appealable, whichever last occurs.
"Zoning Approval Date" means when the City has applied for and secured all zoning
required for the Property, at the sole expense of the City and in the name of the city,
which the City estimates 'to occur no later than one hundred twenty (120) days from
the Effective Date. In the event of a delay in zoning beyond 120 days, the Zoning
Approval Date shall be extended as necessary up to an additional 120 days. Beyond
such extension, either party shall have the option of terminating this Agreement with
30 days written notice to the other party.
28. TERMINATION OF EXISTINGLEASE. At Closing, the City shall
cause to be executed, by any and all tenants of the Property, a standard form estoppel
agreement confirming that any leases affecting the Property are in full for and effect, and
that no breaches exist on the part of either landlord or tenant. At Closing, Developer shall
assume any and all subsequent liabilities in regard to such leases. Regardless of any
language to the contrat3, contained in this Agreement, if at Closing any tenants are in
legal possession of all or portions of the Property, any time frames for compliance with or
conformance by the Developer in regard to the terms of this Agreement shall be extended
for that period of time from Closing until the Developer gains full and complete control
SFv3h.doc
16
of any outstanding leasehold interest in the Property. As of the Effective Date, (i) there
are no tenancies affecting the Property that cannot be terminated on or before August 31,
2005, and (ii) the City agrees not to enter into any additional new leases or e~tensions of
existing leases affecting the Property.
29, GRADING EASEMENT AND ACCESS. At Closing, the City shall
grant to Developer an access and grading easement (the "Easement") for the purposes of
(i) accessing all portions of the Property for site, engineering and design purposes, and
(ii) borrowing, moving, accessing and/or stockpiling earth and stone for use solely for the
Project. The Easement shall be used in such a manner as to cause as little disturbance to
any residential or commercial neighbors or existing tenant(s) oftbe Property, and under
no circumstances shall (a) any earth or fill material be removed from the Property without
the written consent of the City Representative and (b) the leasehold possession of any
existing tenant of the City occupying the Property be disturbed. The Developer shall
make no use of the Easement until such time as (1) the bond or surety requirements
referenced in Section 26 herein have 'been met, and (2) the Developer has placed into
effect a comprehensive general public liability insurance against claims for bodily injury,
death, or property damage occurring on, in, or about the Property and on or about the
adjoining streets and sidewalks, which insurance will provide minimum protection in
single limit of not less than $1,000,000.00 for bodily injury or death in any one
occurrence, and not less than $1,000,000.00 for property damage, and which policy shall
name the City as an "additional insured".
[SIGNATURES TO FOLLOW]
SFv4.doc
17
IN WITNESS WHEREOF, tile City and the Developer have affixed their signatures as
of the date first written above
CITY OF ROANOKE
ATTEST: By
Darlene L. Bureham, City Manager
Mary F. Parker, City Clerk
COLONIAL GREEN, L. C.
By (~e~ .~.
~itle)
APPROVED AS TO FORM:
City Attomey
APPROVED AS TO EXECUTION:
City Attorney
SFv3h.doc
18
illl! ~
®
.{lili.,llllil
Exhibit c
Phasing Plan
0
II
II
II
II
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
04447951
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
' 'nia. Sworn and subscribed before me this
~_~ay of December 2004. Witness my hand and
official seal.
---- /[~/~ _~ _~/~ Notary Public
PUBLISI-IED ON: 12/13
TOTAL COST:
FILED ON:
159.39
12/13/04
The City of ~oanoke
C~t~e~ll here the
Op~lt~ t~ ~e heerd and
Authorized ~-~. ^~, ~l,~ ~_~
Signature:-----~---~---------4--_=_ ~ _~___-~ .... _~__;~_ ...... Billin~ Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey to Colonial Green, L.C., certain CiD,-owned
property, containing approximately 23.742 acres, more or less, fronting on Colonial Avenue,
S. W., and identified as Official Tax No. 1570101, subject to certain terms and conditions as
are contained in a contract proposed to be entered into by the City and Colonial Green, L.C.
Pursuant to the requirements of{}{} 15.2-1800(B) and - 1813, Code of Virginia (1950),
as amended, notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting to be held on Monday,
December 20, 2004, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. The proposed
contract is available for public inspection in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accormnodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, December 16, 2004.
GIVEN under my hand this 10th day of December
,2004.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Monday, December 13, 2004.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 27, 2004
File #166-524
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36928-122004 authorizing the City Manager
to execute an amendment to the Lease Agreement between the City of Roanoke and
the United States General Services Administration for office space in the
Commonwealth Building, located at 210 Church Avenue, to extend the expiration
date of the current lease agreement from October 31, 2004, to December 31, 2004,
with an option to lease such space on a month-to-month basis not to exceed 90
days, upon expiration of the lease agreement, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, December 20, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 27, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Gareth McAIlister, Facilities Manager
Charles M. Anderson, Architect II
Dana Long, Manager, Billings and Collections
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of December, 2006.
No. 36928-122004.
AN ORDINANCE authorizing the City Manager to execute an amendment to the Lease
Agreement between the City of Roanoke and the United States General Services Administration for
office space in the Commonwealth Building, located at 210 Church Avenue, to extend the expiration
date of the current lease agreement from October 31,2004, to December 31, 2004, with an option to
lease such space on a month-to-month basis not to exceed ninety (90) days, upon expiration of the
lease agreement, upon certain terms and conditions, and dispensing with the second reading by title
of this ordinance.
Whereas, a public hearing was held on December 20, 2004, pursuant to § § 15.2-1800(B) and
1813, Code of Virginia (1950), as amended, at which heating all parties in interest and citizens were
afforded an opportunity to be heard on said lease extension.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the
Lease Agreement between the City of Roanoke and the United States General Services
Administration for office space in the Commonwealth Building, located at 210 Church Avenue, to
extend the expiration date of the current lease agreement from October 31, 2004, to December 31,
2004, with an option to lease such space on a month-to-month basis not to exceed ninety (90) days,
upon expiration of the lease agreement, as more particularly set forth in the City Manager's letter
dated December 20, 2004, to this Council.
ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December20,2004
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Commonwealth Building Lease
Background:
The United States General Services Administration (GSA) currently leases space
within the Commonwealth Building. GSA uses the second floor of the building
for the Federal Bankruptcy Court and its affiliated offices. The current lease
expired October 31,2004. The original agreement provides the GSA an option
to continue the agreement on a month-to-month basis (not to exceed an
additional 90 day period), which the GSA is currently exercising. GSA desires to
continue its lease of the second floor and to begin leasing an office suite on the
first floor as well. GSA wants to extend the current agreement to allow time to
complete the necessary improvements to the first floor area before executing
an overall new lease for space on the first and second floors.
The month-to-month option on the current agreement is not sufficient time to
complete those improvements. Therefore, an extension of the current lease
agreement is proposed to run through December, 31,2004. With the 90 day
maximum option provision, that would then commence January 1,2005, this
would give GSA use of the space under the current agreement until March 31,
2005, if necessary, pending completion of the ongoing improvements on the
first floor, and finalization of a new lease agreement.
Considerations:
Currently, the GSA leases 12,413 square feet on the second floor of the
Commonwealth Building. The current lease rate is $6.50 per square foot plus
Mayor Harris and Members of Council
December 20, 2004
Page 2
$4.07 per square foot for operating costs. The agreement requires an annual
increase of the operating costs based on Consumer Price Index 1982 - 1984 --
100. Current total annual rent is $! 3!,290.08.
Recommended Action:
Authorize the City Manager to offer and execute an extension of the existing
lease between the City of Roanoke and the GSA, through December 31,2004,
to allow appropriate time for renovation of the first floor office suite and the
completion of the new lease agreement. All documents shall be on form
approved by the City Attorney.
Respectfully submitted,
City Manager
DLB:slm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Gareth McAIlister, Facilities Manager
Charles M. Anderson, Architect II
Dana Long, Manager of Billings and Collections
CM04-0203
GENERAL SERVICES ADMINISTRATION NO. 10
SUPPLEMENTAL AGREEMENT DATE
PUBLIC BUILDINGS SERVICE
SUPPLEMENTAL LEASE AGREEMENT TO LE~SE NO,
GS- 03B- 50012
~.DDRESSOFPREMISES Commonwealth Building 215 Chumh Ave..SW, PegasysDocumentNumbet(PDN)
Roanoke, Virginia 42011
THIS AGREEMENT, made and entered into this date by and between
The City of Roanoke Virginia
whose address is P.O. Box 1451
Roanoke, Virginia 24007
hereinafler called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: agree to extend
extend this lease for one year.
WHEREAS, the parties hereto desire to amend the above Lease.
NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended, effective January 31, 2002 , as follows:
1. Paragraph 2 of Standard Form 2 is hereby ammended by deleting the existing text in its entirety and by
inserting in lieu thereof the following:
"2. TO HAVE AND TO HOLD the said prarnises with their appurtanances for
term beginning on February 1, 1986 through December 31, 2004, subject to
termination and renewal rights as may hereinafter set forth."
All other terms and conditions of the lease shall remain in rome and effect.
IN WITNESS WHEREOF. the pa~as subscribed their names as of the above date.
LESSOR City of Roanoke Virginia
BY
IN PRESENCE OF
UNITED STATES OF AMERICA GSA, Allegheny Realty ServicesDistdct
BY Contracting Officer
GSA FORM 276 (REV, 7-67)
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + .......................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
04477613
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~_~4~day of December 2004. Witness hand and
my
official seal.
PUBLISHED ON: i2/13
TOTAL COST:
FILED ON:
144.21
12/13/04
The City of Roanoke
Signature:___~_~__~_~'__'%~__~_ ....... '_~___CL'__~ .... Billin9 Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to extend a lease of a portion of the City-owned property,
known as the Commonwealth Building, located at 210 Church Avenue, S.W., to the United States
Federal Government, General Services Administration, such lease to expire December 31, 2004,
with an option to continue the agreement on a month-to-month basis for ninety days.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on December 20, 2004, commencing at
7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church
Avenue, S.W., Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, December 16, 2004.
GiVEN under my hand this 6th day of December ,2004.
Mary F. Parker, City Clerk.
K:\N OTiCES\NL-COM VA-G EN ERALSERV 041904.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Monday, December 13, 2004.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541