HomeMy WebLinkAboutCouncil Actions 06-19-06 (Pt 1)
McDaniel
37419-061906
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 19, 2006
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Mayor Harris and Council
Member Wishneff were
absent.)
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 Vice-Mayor Beverly T. Fitzpatrick, Jr.
Welcome. Vice-Mayor Fitzpatrick.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's Council meeting will be replayed on Channel 3 on Thursday,
June 22, 2006, at 7:00 p.m., and Saturday, June 24, 2006, 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 WEDNESDAY 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 MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING.
IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO
DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IFTHERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Resolution paying tribute to the Honorable M. Rupert Cutler, Council
Member.
Adopted Resolution No. 37419-061906. (5-0)
File #80-132
2
A Resolution paying tribute to the Honorable Brenda L. McDaniel, Council
Member.
Adopted Resolution No. 37420-061906. (5-0)
File #80-132
A Resolution memorializing the late Honorable A. Victor (Vic) Thomas, a
Roanoke native and longtime Delegate to the Virginia General Assembly.
Adopted Resolution No.3 7421-061906. (5-0)
File #367
Presentation of a Certificate of Appreciation to former Roanoke Auxiliary
Police Officers.
File #5-80
Proclamation declaring Monday, June 19, 2006 as John P. Baker Day.
File #3-80-178
3.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-l Qualification of the following persons:
Curtis L. Davis as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term commencing July 1,2006 and
ending June 30, 2008; and
Clarice E. Walker as a member of the Roanoke Neighborhood
Advocates, to fill the unexpired term of Althea L. Pilkington,
resigned, ending June 30, 2006.
RECOMMENDED ACTION: Received and filed.
File #1 5-110-429-488
3
C-2 A communication from the City Manager in connection with
emergency procurement of professional engineering services and
construction services for the Market Garage.
(No action by Council was required.)
File #51 6
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
. Peer Assessment for Public Safety - 15 minutes
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of 2006-2007 Community Development Block
Grant, HOME Investment Partnerships Program and Emergency
Shelter Grant Program funds; and appropriation and transfer of
funds.
Adopted Budget Ordinance No. 37422-061906 and
Resolution NO.3 7423-061906. (5-0)
File #60-1 78-236
2. Acceptance of a Certified Local Government (CLG) Grant from
the Virginia Department of Historic Resources, in the amount of
$10,000.00; and appropriation of funds.
Adopted Budget Ordinance No. 37424-061906 and
Resolution No. 37425-061906. (5-0)
File #60-216-236
4
3. Acceptance of an Employment Advancement for TANF
Participants grant from the Virginia Department of Social
Services, in the amount of $410,000.00; and appropriation of
funds.
Adopted Budget Ordinance No. 37426-061906 and
Resolution No. 37427-061906. (5-0)
File #60-72-236
4. Acceptance of a Mobile Data Terminal Grant from the Office of
Justice Programs and the Edward Byrne Memorial Justice
Assistance Grant, in the amount of $67,273.00; and
appropriation of funds.
Adopted Budget Ordinance No. 37428-061906 and
Resolution No. 37429-061906. (5-0)
File #60-236-301
5. Acceptance of an Interoperable Communications Grant from the
Commonwealth of Virginia, in the amount of $73,584.00; and
appropriation of funds.
Adopted Budget Ordinance No. 37430-061906 and
Resolution No.3 7431-061906. (5-0)
File #5-60-236
6. Acquisition of certain property rights between the Roanoke
City /Salem boundary and Hannah Court area, in connection
with the Roanoke River Flood Reduction Project - Property
Rights Acquisition, Phase II; and for development of open
space, park and recreational purposes, including eminent
domain if necessary.
Adopted Ordinance No. 37432-061906 and
Ordinance No. 37433-061906. (5-0)
File #60-67-237
5
7. Amendment of the City Code to update code enforcement
regulations in connection with the method of notification of
property owners with regard to inoperable motor vehicles and
weeds and trash abatement.
Adopted Ordinance No. 37434-061906, Ordinance
No. 37435-061906 and Ordinance No. 37436-
061906. (5-0)
File #20-24-447
8. Amendment of the City Code with regard to dangerous and
vicious dogs.
Adopted Ordinance No. 37437-061906. (5-0)
File #24-54
9. Appropriation of $116,774.00 in connection with the State
Asset Sharing and Federal Forfeited Property Sharing programs.
Adopted Budget Ordinance No. 37438-061906. (5-0)
File #5-60
10. Execution of an amendment to the 2005-2006 CDBG Subgrant
Agreement with Total Action Against Poverty, in connection
with the Emergency Home Repair Program; and transfer of
funds.
Adopted Budget Ordinance No. 37439-061906 and
Resolution No. 37440-061906. (5-0)
File #60-178-226-236
11. Execution of a contract with the Fifth Planning District
Commission Disability Services Board to continue the provision
of local administrative staff support; and appropriation of
funds.
Adopted Budget Ordinance No. 37441-061906 and
Resolution No. 37442-061906. (5-0)
File #60-72-326
12. Execution of an agreement with the Roanoke Valley Convention
and Visitors Bureau, to provide funds for marketing the
Roanoke Valley as a convention and destination tourism site.
Adopted Resolution No. 37443-061906. (5-0)
File #293-336
6
13. Execution of a second amendment to the Lease Agreement with
Crown Roanoke, LLC, for rental of additional office space at
III Franklin Road, S. E., for a two-year period, commencing
June 19, 2006 and ending May 31, 2008.
Adopted Ordinance No. 37444-061906. (5-0)
File #373-450
14. Execution of Amendment No. 5 to the contract with Hayes,
Seay, Mattern & Mattern, Inc., in the amount of $99,990.00, for
additional design services in connection with the Dr. Martin
Luther King Jr. Memorial Bridge Project.
Adopted Resolution No. 37445-061906. (5-'-0)
File #102
15. Execution of a Performance Agreement with United HealthCare
Services, Inc., and the Industrial Development Authority to
promote economic development within the City of Roanoke and
the Roanoke Valley; and appropriation of funds.
Adopted Budget Ordinance No. 37446-061906 and
Ordinance No. 37447-061906. (5-0)
File #60-207-450
b. Director of Finance:
1. Amendment of the City Code to clarify and modify provisions of
the City of Roanoke Pension Plan, in order to maintain equity
and operational compliance with governmental regulations.
Adopted Resolution No. 37448-061906. (5-0)
File #24-429
7. REPORTS OF COMMITTEES:
a. Request of the Roanoke City School Board for appropriation of
$400,000.00 for the Food Services program; and a report of the
Director of Finance recommending that Council concur in the request.
Crystal Y. Cregger, Director for Purchasing and Contracts.
Adopted Budget Ordinance No. 37449-061906. (5-0)
File #60-467
7
b. Request of the Roanoke City School Board for transfer of
$1,150,000.00 to provide sufficient funds to meet current year
obligations of the district within each state category; and a report of
the Director of Finance recommending that Council concur in the
request. Crystal Y. Cregger, Director for Purchasing and Contracts.
Adopted Budget Ordinance No. 37450-061906. (5-0)
File #60-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. An Ordinance establishing compensation for Council Appointed
Officers for the fiscal year beginning July 1, 2006.
Adopted Ordinance No. 37451-061906. (5-0)
File #1-38-83-104-184-280
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Dowe advised that a Youth Summit will be
held on Thursday, August 3, 2006, at 6:00 p.m., at the
Roanoke Civic Center, to discuss strategies to engage all
segments of the community in reclaiming Roanoke's youth.
File #304
Inasmuch as their terms of office will expire on June 30,
2006, Council Members Cutler and McDaniel advised that
they have enjoyed their years of service as Members of the
Roanoke City Council.
File #132
s
Vice-Mayor Fitzpatrick advised that Council will listen to
the statements and concerns of citizens; however, those
persons addressing the Council will be expected to refrain
from making personal attacks.
File #132
b. Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Bill Modica, 1546 Creek Lane, Salem, Virginia, spoke in
support of the Dr. Martin Luther King, Jr., Memorial Bridge
Project.
File #102
Mr. Howard L. Cooper, Jr., 3022 Hickory Wood Drive, N. E.,
commended the efforts of the Police Department to rid his
neighborhood of illegal drugs. He asked that a former landfill
site in the vicinity of Lucy Addison Middle School be tested for
soil contamination and that the findings be shared with
Roanoke's citizens. He advised that there are insufficient
student textbooks in Roanoke's school classrooms and asked
that the matter be investigated.
File #5-66-362-467
Mr. John Kepley, 2909 Morrison Street, S. E., advised that the
Victory Stadium issue has divided the citizens of the City of
Roanoke and the demolition of Victory Stadium will be the death
of the City.
File #122
9
Ms. Patricia D. Baker, 3109 Kershaw Road, N. W., spoke in
support of turning the Countryside Golf Course into a Municipal
Golf Course with an upscale restaurant and swimming resort.
(The remarks were referred to the City Manager.)
File #558
Ms. V. Lee Wolfe, representing the Gainsboro Neighborhood
Alliance, spoke in support ofthe request of Total Action Against
Poverty and the Roanoke Redevelopment and Housing Authority
to permanently vacate, discontinue and close First Street from
Wells Avenue to a point past the intersection with the south side
of Loudon Avenue, N. W.
File #514
12. CITY MANAGER COMMENTS:
The City Manager advised that Vice-Mayor Fitzpatrick was
recently appointed to serve on the Executive Committee of the
Virginia Coalition of Cities.
File #110-550
The City Manager expressed appreciation to Council Members
Cutler and McDaniel for their kind remarks with regard to City
staff.
File #80-132
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT
7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR
MUNICIPAL BUILDING.
10
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 19, 2006
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Mayor Harris was absent.)
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 Vice-Mayor Beverly T. Fitzpatrick, Jr.
Welcome. Vice-Mayor Fitzpatrick.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Tonight's Council meeting will be replayed on Channel 3 on Thursday,
June 22, 2006, at 7:00 p.m., and Saturday, June 24, 2006, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
11
A. BID OPENING:
1. Bids for the lease of air rights above the right-of-way for Norfolk
Avenue, Williamson Road, and Salem Avenue, S. E., identified as
Official Tax Nos. 4010205 and 4010210, for a term of 60 years.
One bid was submitted by The Art Museum of Western
Virginia for a one time rental payment of $60.00 and a
term of 60 years. The bid was referred to the City Manager
for report and recommendation to Council.
File #373-416-481
B. PUBLIC HEARINGS:
1. Proposal of the City of Roanoke to lease air rights above the right-of-
way for Norfolk Avenue, Williamson Road, and Salem Avenue, S. E.,
identified as Official Tax Nos. 4010205 and 4010210, for a term of
60 years. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37452-061906. (6-0)
File #373-416-481
2. Request of Four R-Enterprises, a Virginia general partnership, and
Best-jol Properties, LLC, a Virginia Limited Liability Company, that
property located on Buford Avenue, S. W., identified as Official Tax
Nos. 1421616, 1421617 and 1421604 through 1421608, inclusive,
be rezoned from MX, Mixed Use District, to 1-1, Light Industrial
District, subject to certain conditions proffered by the petitioners.
Maryellen F. Goodlatte, Attorney.
Adopted Ordinance No. 37453-061906. (6-0)
File #51
12
3. Request of the City Planning Commission to amend and reordain
Division 4, Use Matrix, Section 36.2-340, Zoninq, of the City Code, to
allow eating and drinking establishments, not abutting a residential
district, as a permitted principal use in the INPUD, Institutional
Planned Unit Development District. R. Brian Townsend, Agent, City
Planning Commission.
Adopted Ordinance No. 37454-061906. (6-0)
File #24-51
4. Request of Roanoke Land Development, LLC, to amend the INPUD
Development Plan entitled, "Riverside Corporate Center, Institutional
Development Plan", prepared by HSMM for Carilion Medical Center,
CHS, Inc., and B & B Holdings as the Plan applies to property identified
as Official Tax NO.1 032203, being a part of the Riverside Corporate
Centre, located at the intersection of Franklin Road and Reserve
Avenue, S. W., and as set forth in the INPUD Development Plan
entitled, "Hotel/Commercial Site-Riverside Corporate Center,
prepared by Katz McConnel + Associates". Rob Sorrentino, Owner,
Spokesperson.
Adopted Ordinance No. 37455-061906. (6-0)
File #51
5. Request of Springwood Associates, LLC, that proffered conditions
applicable to the northern portion of property located on Frontage
Road, S. W., identified as Official Tax No. 5480719, consisting largely
of Southmont Drive, a 50-foot wide private right-of-way, approved by
Ordinance No. 33688-010598, be repealed, and that such property
be rezoned from CG, Commercial-General District, with proffers, to
MXPUD, Mixed Use Planned Unit Development District, for the
purpose of allowing the property to be used as access to adjoining
property which is currently used for commercial purposes. Edward A.
Natt, Attorney.
Adopted Ordinance No. 37456-061906. (6-0)
File #51
13
6. Request of Springwood Associates, LLC, that all conditions accepted
by Council pursuant to adoption of Ordinance No. 33688-010598 on
January 5, 1998, applicable to the southern portion of property
located on Frontage Road, S. W., identified as Official Tax No.
5480719, and consisting of approximately 1.55 acres, more or less,
be repealed and replaced with conditions allowing any of 28 specific
commercial uses. Edward A. Natt, Attorney.
Adopted Ordinance No. 37457-061906. (6-0)
File #51
7. Proposal of the City of Roanoke to amend Vision 2001-2020, the
City's Comprehensive Plan, to include the "Nine-by-Nine" Youth
Comprehensive Plan. R. Brian Townsend, Agent, City Planning
Commission.
Adopted Ordinance No. 37458-061906. (6-0)
File #424-304
8. Request of the City Planning Commission to amend certain sections of
Chapter 31, Subdivisions, of the City Code, to update references
necessitated by the repeal of Chapter 36.1 , Zoninq, and the adoption
of Chapter 36.2, Zoninq, and to reflect changes in a department title.
R. Brian Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 37459-061906. (5-0, Council
Member Wishneff was out of the Council Chamber when
the vote was recorded.)
File #24-51
14
9. Request of the City Planning Commission to rezone properties
identified as: (1) Official Tax No. 6410231, located at 2521 Portland
Avenue, N. W., from R-7, Residential Single-Family District, to INPUD,
Institutional Planned Unit Development District; (2) Official Tax No.
4400434, located on Ventnor Road, S. E., from R-12, Residential
Single-Family District, with conditions to RMF, Residential Multifamily
District, with conditions; (3) Official Tax No. 3340306, located on
21 Sl Street, N. E., from RM-l , Residential Mixed Density District, and
IN, Institutional District, to IN, Institutional District; and (4) Official
Tax No.1 052701, located at 404 McClanahan Street, S. W., Official
Tax No.1 052702, located at 400 McClanahan Street, S. W., Official
Tax No.1 052703, located at Stephenson Avenue, S. W., from RMF,
Residential Multifamily District, to MX, Mixed Use District. R. Brian
Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 37460-061906. (6-0)
File #51
10. Request of the City of Roanoke to amend proffered conditions on a
tract of land lying at the intersection of Orange Avenue and Blue Hills
Drive, N. E., identified as Official Tax No. 7160113, such new
proffered conditions to expand the number of principal permitted
uses from six to 19 commercial uses allowed in the CG, Commercial-
General District. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37461-061906. (6-0)
File #51
11. Proposal of the City of Roanoke to grant an easement of
approximately 45.85 acres on City-owned property, identified as the
Carvins Cove Natural Reserve, located in the Amsterdam Magisterial
District in Botetourt County, Virginia, to the United States Department
of the Interior for relocation of a portion of the Appalachian National
Scenic Trail. William M. Hackworth, City Attorney.
Adopted Ordinance No. 37462-061906. (6-0)
File #28-468
15
12. Proposal of the City of Roanoke to allow the encroachment of a
retaining wall into the public right-of-way of Southern Hills
Drive, S. W., adjacent to property identified as Official Tax Nos.
5480704 and 5470109. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37463-061906. (6-0)
File #28
13. Request of Total Action Against Poverty in Roanoke Valley and the
Roanoke Redevelopment and Housing Authority to permanently
vacate, discontinue and close First Street from Wells Avenue to a point
past the intersection with the south side of Loudon Avenue, N. W.,
such area containing approximately 14,195 square feet, and Loudon
Avenue from Gainsboro Road to its intersection with the west side of
First Street, N. W., such area containing approximately 1 2,21 5 square
feet. Edward A. Natt, Attorney.
Adopted Ordinance No. 37464-061906. (5-1, Council
Member Wishneff voted no.)
File #514
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern
and disappointment with regard to the previous action taken by
the Council to close First Street from Wells Avenue to a point
past the intersection with the south side of Loudon
Avenue, N. W.
File #514
16
CITY OF ROANOKE
CITY COUNCIL
215 Churdl Avenue. S. W.
!\:ol'l C. Taylor "'·1unil.:ipal Building. Room -1.56
l<nalh1kc. VirgiJli~ 24()11·15~(1
TL'lL'phl\nC: (540) H5.'·254I
!'ax: ()40) ~)3-114)
C. Nelson Harris
Ma~·or
June 15. 2U06
The Honoruhlc Vice-Mayor and Memhers of
the Roanoke City Council
Roanoke. Virginia
Dear Vice-Mayor Fitzpatrick and Mel11hers of Council:
I will he on vacation during the week of .Iunc 19 - 24 and will not he present for the regular sessions
of City Council on Monday, June 19.
You have my hcst wishes for a suecessfulmceting.
c..~
C. Nelson Harris
Mayor
CNH:srn
pc: The Honorahlc Gwen W. Mason. Council Mcmher-Elect
The Honorahle David B. Trinkle. Council Member-Elect
Darlene L. Burcham. City Manager
William M. Hackworth. City Attorney
Jesse A Hall. Director of Finance
Troy ^. I-Iarmon. Municipal Auditor
Mary F. Parker. City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37419-061906.
A RESOLUTION paying tribute to the Honorable M. Rupert Cutler, and expressing to him the
appreciation of the City and its people for his exemplary public service.
WHEREAS, Dr. Cutler was born in Detroit, Michigan, and educated at the University of
Michigan, and received his masters degree and doctorate from Michigan State University;
WHEREAS, Dr. Cutler retired in 1999 following a 45-year career in journalism, envirorunental
policy, and natural resources public administration. From 1991 to 1997 he was executive director of
Virginia's Explore Park;
WHEREAS, Dr. CUller has been actively involved in the community, serving as president of
the Kiwanis Club of Roanoke, member of the board of directors of the Western Virginia Land Trust,
and active with Blue Ridge Public Television, the League of Older Americans, and the Harrison
Museum of African American Culture;
WHEREAS, in the spring of 2002, Dr. Cutler was appointed by Governor Mark Warner to
serve as a member of the Board of Trustees of the Virginia Outdoors Foundation;
WHEREAS, Dr. Cutler was elected to City Council in 2002; and
WHEREAS, during his time on City Council Dr. Cutler served as chair of the Audit
Committee.. as a member of the board of directors of the Greater Roanoke Transit Company, member
of the Legislative Committee and Personnel Committees, a member of the Roanoke Valley -
./
Alleghany Regional Commission and the Roanoke Valley Area Metropolitan Planning Organization,
as president of the board of directors of the Western Virginia Water Authority, and as a member of the
Virginia Municipal League - Environmental Quality Policy Committee, and the National League of
Cities Energy Envirorunent and Natural Resources Policy and Advocacy Committee.
K:\Mcasurcs\Cullcr going off 2006.doc
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. Council adopts this Resolutions as a means of recognizing and commending the many
services rendered to the City of Roanoke and its people by the Honorable M. Rupert Cutler.
2. Thc City Clerk is directed to forward an attested copy of this Resolution to thc
Honorable M. Rupert Cutler.
ATTEST:
City Clerk.
K:\Measures\CUller going air 2006.doc
/1¿.~r hfk/I-
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Roanoke City Council
Farewell Remarks-Rupert Cutler, June 19, 2006
Thank you, Mr. Vice Mayor.
As this is my final meeting as a member of Roanoke City Council, I would
like to say farewell to my colleagues and to the citizens in this capacity, to
welcome the new members of City Council, and to express the hope that the
members of the new Council get along well and continue the momentum and the
progressive leadership that I believe have been exhibited during the past four
years by the City of Roanoke's elected and appointed officials.
It was a pleasure and an honor to serve with Mayors Ralph Smith and
Nelson Harris and with Council colleagues Bill Bestpitch. Bill Carder, and Linda
Wyatt as well as the current members. I take my hat off to City Manager Darlene
Burcham for being a forceful agent for positive change, within policy guidelines
set by Council. Mrs. Burcham is skillful at bringing diversity to City staff and
bringing an interdisciplinary team approach to City management issue problem
solving. I have enjoyed working with her and her talented staff.
While we as a Council have resolved some important issues, such as the
stadiums, and addressed some important needs, such as the libraries, many
more, such as refreshing the Market Building and downtown as a whole and
donating conservation easements on Mill Mountain and Carvins Cove, remain to
be done. You may expect me to continue to be personally involved in their
resolution, just speaking from the other side of this dais.
So thanks to those who voted for me four years ago, thanks to my friends
on Council for our collegial relationship, and thanks to the citizens of Roanoke
who make this city one of the very best places to live.
Thank you. vice mayor.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37420-061906.
A RESOLUTION paying tribute to the Honorable Brenda 1. McDaniel, and expressing to her
the appreciation of the City and its people for her cxemplary public service.
WHEREAS, Ms. McDaniel is currently the Executive Director of Alumnae and Donor
Relations at Hollins University;
WHEREAS, Ms. McDaniel has been actively involved in the community, serving as Co-Chair
of the Roanoke Zoning Ordinance Steering Committee; Co-Chair of the Vision 2001-2020 Citizens
Advisory Committee; President of the Roanoke Public Library Board; President of the Greater Raleigh
Court Civic League; Roanoke Valley Chamber Music Society; recipient ofthc Julian King Award for
outstanding leadership and involvement presented by the Roanoke Neighborhood Partnership in 2000;
and recipient of 15 press awards for writing and editing;
WHEREAS, Ms. McDaniel was appointed to City Council in July 2004, to fill the unexpired
term of C. Nelson Harris; and
WHEREAS, during her time on City Council, Ms. McDaniel served on the Audit Committee,
board of directors for Greater Roanoke Transit Company, Legislative Committee, Personnel
Committee, and the Roanoke Valley - Alleghany Regional Commission.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. Council adopts this means of recognizing and commending the many services rendered
to the City of Roanoke and its people by the Honorable Brenda 1. McDaniel.
K:\Measures\McDaniel going off 2006.doc
2. The City Clerk is directed to forward an attested copy of this resolution to the
Honorable Brenda 1. McDaniel.
ATTEST:
City Clerk.
K:\Measurcs\.Þv1cD:miel going off 2006.doc
J'~'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37421-061906.
A RESOLUTION memorializing the late A. Victor (Vie) Thomas, a native of Roanoke
and longtime delegate to the Virginia General Assembly.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Thomas
on Wednesday, April 26, 2006;
WHEREAS, Mr. Thomas, the grandson of Lebanese immigrants, was a native of
Roanoke and graduated from Jefferson High School;
WHEREAS, during his service with the United States Army from 1947-1948, Mr.
Thomas was assigned to the Panama Canal Zone;
WHEREAS, Mr. Thomas was owner and operator of EJ. Thomas Market in Roanoke for
52 years;
WHEREAS, Mr. Thomas was active in the Roanoke community through SI. Andrews
Catholic Church, the Roanoke Regional Chamber of Commerce, the Civitan Club, the American
Legion, and Woodmen of the World;
WHEREAS, Mr. Thomas was first elected to the Virginia House of Delegates in 1973,
representing the 17th House District, which includes the counties of Botetourt and Roanoke, and
the city of Roanoke;
WHEREAS, as a Delegate, Mr. Thomas served on the Conservation and Natural
Resources Committee (chair 1980-2001), the Appropriations Committee, the Militia and Police
Committee, the Rules Committee, the Privileges and Elections Committee, and as a House
Budget conferee in 2002 and 2003;
WHEREAS, Mr. Thomas was instrumental in the passage oflegis1ation that addressed
funding for the Department of Game and Inland Fisheries to benefit wildlife-related recreational
opportunities for hunters, anglers, and wildlife enthusiasts;
WHEREAS, over the years, Mr. Thomas played a monumental role in helping to
conserve and protect Virginia's rich hunting and fishing heritage for all sportsmen and women
across the Old Dominion;
WHEREAS, throughout his legislative career, Mr. Thomas was a strong supporter of
Roanoke institutions, including the Roanoke Valley Graduate Center and the Roanoke Higher
Education Center, Center in the Square and its museums, the Virginia Transportation Museum,
Mill Mountain Zoo, and the Roanoke Valley Greenways;
WHEREAS, Mr. Thomas retired from the General Assembly after the 2003 session after
30 years of service and, at the time of his retirement, was senior Democrat in the House;
WHEREAS, in 2003, Mr. Thomas closed the EJ. Thomas Market on Orange Avenue and
entered full retirement.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. City Council adopts this resolution as a means of recording its deepest
regret and sorrow at the passing of A. Victor (Vie) Thomas, and extends
to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy ofthis resolution to
Mr. Thomas's widow, Dorothy (Dot) Lucas Thomas, of Roanoke, Virginia.
ATTEST:
City Clerk
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Offïce ld'the Mayor
CITY OF
,'::s:·::::v
;." ..~. I
\,~~... ....>
ROANOKE
WHEREAS, .Johll P. Baker is a lIalive of the State of 1lIdialla; he is a graduate of
Indiana University and served as Lieutenant Commander in the United States Na\.y
for three years; he is married to Susan J. Jackson Baker; and
JJ1fEREAS, Mr. Baker relocated to the Roalloke Valley ill /997 from Richmolld,
Virginia, where he held several positions in community development with the
Richmolld Redevelopmellt alld Housillg Authority for 3IJ years; he "".I' appoillted as
l:!xecutivc Director of the Roanoke Redl!..'e/opment alld Housing Aulhori(r in .~*v'
1997;Olld
WHEREAS, under Mr. Baker's direction, the Authority. in conjunction with
others, created .\1Ich new de\,'e/opmen/s liS the ViI/ages at /.incol" and the Riverside
Centre for Industry and Technology and accomplished mqjor re,,'i!aJizal;on projects
such as the Eight .Jeffersoll Place apartme11ls, Washillgtoll Park alld Miller's Hill,
llnd the Authority institll/ed a new self sufficiency requirement for public housing
fenants: and .
WHEREAS. the citize"" of Roanoke have heell ,,~II served hy Mr. Baker's
knowledge and energy ill the pursuit of 1I workable and realistic f/oll!Ûng Policy for
the City (if Roalloke: alld
WHEREAS, Afr. Baker 'was recently honored with a new{v named John Baker
Park at the Villages at Lincoln, upon completion of the $44 million ol'(!rhaul (if the
Roanoke public housing development; and
WHEREAS. A-Ir. Baker retired as Executive Director of the Roanoke
Redevelopment and Hou.\·inK Authority on A1ay 30, 200f), after a distinguished and
productive career.
NOW, THEREFORE. 1. fle",rly 7: Fitzpatrick, .Jr., Vice-Mayor, 011 hehalf of
C. Nelson Harris, Mayor (if the Ci~v of Roanoke, Virginia, in recognition of his years
~f faithful alld outstalldillg service to the citizells (if the City of Roalloke, do herehy
proclaim Monday, June /9, 2006, throughout this great AIl~America City, as
JOHN P. 11AKER DA y.
Gil'elllmder o//r halld, and the Seal of the City (if Roalloke this sixteellth day (if .J//lle
in the year two thousand and six.
Ma~v F Parker
City Clerk
Beverly T. Fitzpatrick, ./r.
Vice-Mayor
ATTEST:
/1~ .¡ f~
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
June 27, 2006
File #110-429
Jesse A. Hall, Secretary
Board of Trustees
City of Roanoke Pension Plan
Roanoke, Virginia
Dear M r. Hall:
This is to advise you that Curtis L. Davis has qualified as a member of the Board of
Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2008.
Sincerely,
~~.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Curtis L. Davis, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Board of
Trustees, City of Roanoke Pension Plan, for a term commencing July 1, 2006
and ending June 30, 2008, according to the best of my ability (So help me God).
ar]·
,R,L (ì
Subscribed and sworn to before me this 5 day of ~2006.
v
~
BRENDA~ HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~¿¡(¿;' '-/? ~. DEPUTY CLERK
L:\Cl.ERK\DATA\CKE\\'JI.o:!th and lea\'ing st" 'viee\Board llfTrllstees. Pensiun J]an\Curlis L Davis oaÙl 5 06 ÙllC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.w., Room 456
R03Iloke, Virginia24ü1l-1536
Telephune: (540") 853-25.1 I
filX: (540) 853-] 145
E·mail: c]crk@.ci.roanokc.\·a.u~
STEPHANIE M. MOUN. CMC
Deputy City Clerk
MARY F. PARKER. CMC
City Clerk
SHEILA N. HARTMAN
A!\sistant CilY Clerk
June 27, 2006
File #1 5-110-488
Sandra B. Kelly, Vice-Chair
Roanoke Neighborhood Advocates
1216 Sylvan Road, S. E.
Roanoke, Virginia 24014
Dear Ms. Kelly:
This is to advise you that Clarice E. Walker has qualified as a member of the
Roanoke Neighborhood Advocates, to fill the unexpired term of Althea L.
Pilkington, ending June 30, 2006.
Sincerely,
~M.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood
Partnership
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Clarice E. Walker do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Roanoke
Neighborhood Advocates, to fill the unexpired term of Althea L. Pilkington,
resigned, ending June 30, 2006, according to the best of my ability (So help me
God).
P µÜÚ.e, E ¡¡}alJh/
Subscribed and sworn to before me this l:.L day of ~ 2006.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY t;~~
, DEPUTY CLERK
L ·'ClEKK'· )ATA'-C"-1: WI \oath and 1ea....lIlg sel'\'lCe\Roannke Selghhorhond .'\Ii\ ocates\('lance Walker tlath 5 Cltuinc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
:-'¡(l¿J C. T;:¡ylor Municipal Building
2]5 Church j\\'cnUl..~, S.W.. [{oom Jf "¡
Roanoke, Virginia 24011-1591
Tt~I'Th'ln,~: í:;~ll) l'lSJ-::l.1?·
t·,l'C \S4Ul ,..;',J. ì] ~,~
CIty V"d" \\ ;\'v.'.r0;J:1c!kL·\',1 ¡";U\'
June 19, 2006
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. Wish neff, Council Member
Subject: Emergency Procurement of
Professional Engineering Services
and Construction Services
for Market Garage
Dear Mayor Harris and Members of City Council:
This is to advise Council that I have approved an emergency procurement of
professional engineering services and construction services for the Market
Garage (formerly the Century Station Parking Garage). Such services involved
the evaluation and inspection of the façade portion of the Market Garage. In
mid-May 2006, the City requested Sutton-Kennerly & Associates, Inc., (SKA) to
provide a proposal for the design of a repair to one section of the brick façade
on the Garage which had been identified previously as having brick protruding
from the façade. Following an SKA site visit, SKA was requested to perform an
evaluation and inspection of all of the façade on the Garage. Part of this work
was performed by SKA on June 6 and 7, 2006.
SKA recommended further inspections involving removal of some of the brick
façade on the north face of the deck as well as erecting protective fencing
around the perimeter of the structure and constructing covered walkways :¡)
allow patrons to enter and exit the facility. SKA confirmed that the deck could
remain open once this work had been completed on Saturday, June 10, 2006,
with the assistance of Branch & Associates,lnc., and its subcontractor, Alan L.
Amos, Inc.
,
.
Mayor Harris and Members of City Council
June 19. 2006
Page 2
Following the SKA inspection of the work performed, June 10, 2006, SKA
recommended removal of the remaining brick façade on the Garage. Removal
of the brick will allow for further evaluation of the precast panels. There are no
issues concerning the basic structure of the Garage itself.
I will be authorizing further construction services through Alan L. Amos. Inc.,or
another contractor should Amos be unavailable, to remove the remainder of the
brick facade. This removal will allow SKA to complete its inspection and
evaluation of the precast panels and provide any associated services in
connection with such work. Addition emergency procurements of professional
engineering services from SKA will be necessary to complete this inspection
process and' also to provide recommendations and/or plans for the ultimate
repairs that may be needed for the Garage. Any other services or contractors
that may be needed as a result of the further evaluation by SKA will also be
pmvided on this basis, such as additional fencing or coverings.
City staff will work with SKA and others to complete the inspection and
evaluation of the façade of the Garage in a safe and timely manner and
determine the repairs that will be needed.
This is for information purposes and no action by Council is required.
(
~
Darlene L. B Ircham
City Manag r
c: Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Director of Planning, Building and Econ. Dev.
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
21~ Church Avenue, S.W., Room 3M
Roanoke, Virginia 24011-1591
Tdl..'phm1t·: (5..W) S53-2JJ3
F.l'\" ¡:;..H) ) ~~J-I J.1ti
C]t~· \Vd,. \\·\\·\\".nl.llllll...l·\·.I.~~ll\·
June 19, 2006
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
Subject:
Peer Assessment for Public
Safety
This is to request space on Council's agenda for a 15 minute presentation of
the above referenced subject.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sm
c: City Clerk
City Attorney
Director of Finance
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
June 26, 2006
File #60-178-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37422-061906 appropriating funds for
the Community Block Grant, HOME Investment Partnerships Program and Emergency
Shelter Grant Program, and amending and reordaining certain sections ofthe 2006-
2007 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~ÎT1.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
. Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Service s
Frank E. Baratta, Budget Team Leader
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 19 06 corr.doc
\>~s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37422-061906.
AN ORDINANCE to appropriate funding for the Community Development Block Grant,
HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending
and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
RRHA Park Square Street (Project)
RRHA Park Square Street (Project)
Unprogrammed Funds 05-06
Mortgage Assistance Program
RRHA Park Street Square (Project)
RRHA Project GOLD (Admin)
RRHA Project GOLD (Project)
Unprogrammed Funds 06-07
BRHDC Officer at Home (Project)
BRHDC Officer at Home (Admin)
BRHDC Officer at Home (CHDO Project)
BRHDC Officer at Home (CHDO Operating)
ESG - TRUST
ESG - TAP Transitional Living Center
ESG - Roanoke Valley Interfaith Hospitality Network
Hotel Roanoke 108
Hotel Roanoke 108
Unprogrammed CDBG Carryover
Hotel Roanoke 108
Unprogrammed CDBG Section 108 Loan
Empowering Individuals with Disabilities
Demolition
Officer at Home
Derelict Structures (Project)
Mortgage Assistance Program
Individual Development Account
35-090-5312-5428
35-090-5313-5428
35-090-5313-5482
35-090-5313-5399
35-090-5364-5428
35-090-5364-5453
35-090-5364-5454
35-090-5364-5482
35-090-5364-5510
35-090-5364-5511
35-090-5364-5512
35-090-5364-5513
35-E07 -5177 -5251
35-E07 -5177 -5253
35-E07-5177-5254
35-G04-0430-5135
35-G05-0530-5135
35-G05-0540-5184
35-G06-0630-5135
35-G06-0640-5188
35-G07 -0720-5057
35-G07-0720-5108
35-G07 -0720-5368
35-G07 -0720-5397
35-G07 -0720-5399
35-G07 -0720-5412
$ 3,794
77,098
(72,515)
85,000
369,108
30,000
123,722
9,377
31,207
29,793
102,073
10,207
38,770
24,850
17,334
290
17,414
(8,000)
335,296
12,564
52,500
135,000
25,402
175,000
55,000
33,006
Demolition/BRHDC (Project)
Demolition/BRHDC (Delivery)
Park Street Square/RRHA (Project)
RRHAProject GOLD (Delivery)
Officer at Home Delivery
Special Needs program/RRHA (Project)
Special Needs Program/RRHA (Delivery)
RRHA Project GOLD (Project)
Lead Based Paint Match
Emergency Home Repair -TAP (Project)
Emergency Home Repair - TAP (Delivery)
Derelict Structures (Delivery)
Multi-Housing Crime Prevention Partnership
Rebuilding Neighborhoods
Fair Housing
Historic Review Services
Ten Year Plan to Eliminate Homelessness
Hotel Roanoke 108
Old Southwest, Inc. - NDG
Loudon/Melrose - NDG
Melrose/Rugby Neighborhood Forum - NDG
Fairland - NDG
Kuumba - Facility Expansion
SWVA Second Harvest Food Bank
Apple Ridge Farms
West End Center
Girl Scouting in Public Housing
Presbyterian Family Services/Pathways
RESOURCE-ful Elder Care
School-Age After School Therapeutic
Women's Resource Center - TAP
SWVA Second Harvest Kid's Cafe
Court Advocacy Services - CASA
Kuumba ..,. Health Promotion
Saint John's CYP
Revenues
HOME Program Income 04-05
HOME Program Income 05-06
HOME Entitlement 06-07
HOME Program Income 06-07
ESG Entitlement 06-07
Hotel Roanoke Section 108 Repayment
Hotel Roanoke Section 108 Repayment
Hotel Roanoke Section 108 Repayment
CDBG Entitlement
35-G07 -0720-5420
35-G07 -0720-5421
35-G07 -0720-5428
35-G07 -0720-5430
35-G07 -0720-5431
35-G07 -0720-5432
35-G07 -0720-5433
35-G07 -0720-5454
35-G07 -0720-5461
35-G07 -0720-54 70
35-G07 -0720-5483
35-G07 -0720-5497
35-G07 -0720-5500
35-G07 -0720-5501
35-G07-0721-5284
35-G07 -0721-5403
35-G07-0721-5473
35-G07 -0730-5135
35-G07 -0737 -5028
35-G07 -0737 -5245
35-G07 -0737 -5410
35-G07 -0737 -5440
35-G07-0737-5475
35-G07 -0737 -5502
35-G07 -0738-5084
35-G07 -0738-5160
35-G07 -0738-5269
35-G07 -0738-5372
35-G07 -0738-5443
35-G07 -0738-5444
35-G07 -0738-5445
35-G07 -0738-5503
35-G07 -0738-5504
35-G07 -0738-5505
35-G07 -0738-5506
35-090-5312-5313
35-090-5313-5315
35-090-5364-5364
35-090-5364-5365
35-E07-5177-5196
35-G04-0400-2434
35-G05-0500-2534
35-G06-0600-2634
35-G07 -0700-2701
14,000
6,000
250,000
182,100
28,006
175,000
75,000
271,178
65,000
55,885
24,115
75,000
60,000
25,000
5,000
10,000
6,655
99,790
15,000
14,000
3,000
1,000
41,875
84,296
23,450
26,400
24,000
9,900
13,850
13,119
13,027
28,824
38,500
42,274
38,370
3,794
89,583
680,487
25,000
80,954
290
9,414
347,860
1,904,091
Lease Payment - Cooper Industries
Sands Woody Loan Repayment
T AP-SRO Loan Repayments
Home Ownership Assistance
Hotel Roanoke Section 108 Repayment
Rental Rehab Repayment
35-G07 -0700-2706
35-G07 -0700-2717
35-G07 -0700-2720
35-G07 -0700-2722
35-G07 -0700-2734
35-G07 -0700-27 40
13,333
6,722
5,618
4,500
399,758
500
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~fr). ~~
~ City Clerk.
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
June 26, 2006
File #60-178-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37423-061906 accepting the Fiscal Year
2005-2006 funds for the Community Development Block Grant Program, the HOME
Investment Partnerships Program, and the Emergency Shelter Grant Program, and
authorizing the City Manager to execute requisite Grant Agreements with the United
States Department of Housing and Urban Development.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~m,~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Frank £. Baratta, Budget Team Leader
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda carrespondence 06\Jun 06\Jun 1906 carr.doc
I.
j5 \~
(t"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37423-061906.
A RESOLUTION accepting the Fiscal Year 2005-2006 funds for the Community
Development Block Grant program, the HOME Investment Partnerships program, and the
Emergency Shelter Grant program, and authorizing the City Manager to execute the requisite
Grant Agreements with the United States Department of Housing and Urban Development.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The Fiscal Year 2006-2007 funds for the Community Development Block
Grant (CDBG) program, Home Investment Partnerships program (HOME), and the
Emergency Shelton Grant (ESG) programs are hereby ACCEPTED, upon receipt of approval
letters from the United States Department and Urban Development (HUD).
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite Grant Agreements with HUD for such funds, the Funding Approvals, and
any and all understandings, assurances, documents and foims relating thereto, approved as to
form by the City Attorney, all of which is more particularly set out in the City Manager's
letter dated June 19,2006, to City Council.
ATTEST:
~m.~
~ City Clerk.
L:\ATTOR.'ŒY\DATA\Cu.DI\RESOLUTI01lo'\R.-COBG..(jRANT (2006-2007)061906 DOC
.,-'
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Not'l C. Taylor Municipcll Building
21:; Church A\'(\l1Ul\ S.\V., Room .1h..J.
Rll"nllke. Virgini., 2·Wl1-15'J]
T\·]t'l\hI1Iw. (~Wl :-':;.-;-~.1:1:1
F,n:: (:>.J()) Hr;l_ll.t~
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June 1 9, 2006
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:
Acceptance and Appropriation
of 2006-2007 Community
Development Block Grant
(CDBG), HOME Investment
Partnerships Program (HOME)
and Emergency Shelter Grant
(ESGl Program Funds
Background:
CDBG, HOME and ESG funds provide for a variety of activities ranging from
housing and community development to homelessness prevention and economic
development through the U.S. Department of Housing and Urban Development
(HUD). The City has received these entitlement grant funds for over thirty years
and must reapply annually to HUD to receive such funding. On May 11, 2006, by
Resolution No.3 7391-051106, City Council authorized filing the three separate
funding applications as part of approving the submission ofthe 2006-2007 Annual
Update to the 2005-2010 Consolidated Plan to HUD.
Considerations:
The funding release process is underway, and HUD's letter of approval is
forthcoming, granting the City access to its 2006-2007 CDBG, HOME and ESG
entitlements. The 2006-2007 Annual Update approved by Council included
Honorable Mayor and Members of Council
June 19, 2006
Pag e 2
$3,730,478 in new entitlement funds, anticipated program income, funds
unexpended from prior year accounts and general funds which will be used as
local match. The actions recommended in this report also include appropriation
of an additional $9,377 of HOME funds and an additional $12,564 of CDBG funds
being appropriated into unprogrammed accounts for use in future activities and
will be incorporated into the Consolidated Plan at a later date through a revision
or amendment.
Acceptance of the funds and appropriation or transfer to the accounts indicated in
Attachments 1, 2 and 3 are needed to permit the 2006-2007 activities to proceed.
Acceptance of the 2006-2007 HOME entitlement requires a local match which will
be satisfied by an appropriation of $1 00,000 from City of Roanoke general funds.
Recommended Actions:
1. Adopt a resolution accepting the 2006-2007 CDBG, HOME and ESG
entitlement funds as detailed below, contingent upon receipt of the
approval letter from HUD:
CDBG 2006-07 Entitlement
HOME 2006-07 Entitlement
ESG 2006-07 Entitlement
TOTAL
$1,904,091
680,487
80.954
$2,665,532
2. Authorize the City Manager to execute the required Grant Agreements,
Funding Approval, and other forms required by HUD in order to accept
the funds, approved as to form by the City Attorney;
3. Appropriate $2,665,532 entitlement and $455,431 in anticipated
program income to revenue and expenditure accounts in the Grant Fund
to be established by the Director of Finance, as detailed in Attachments
1, 2, and 3;
4. Transfer $80,515 in CDBG and HOME accounts from prior years to
projects included in the 2006-2007 CDBG and HOME programs, as
detailed in Attachments 1 and 2;
5. Increase the revenue estimate in CDBG revenue accounts by a total of
$357,564 and appropriate the funds into project expenditure accounts
as detailed in Attachment 1; and
Honorable Mayor and Members of Council
June 19, 2006
Page 3
6. Increase the revenue estimate in HOME revenue accounts by a total of
$93,377 and appropriate the funds into project expenditure accounts as
detailed in Attachment 2.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:mtm
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman Stovall, Director of Management and Budget
Ford Weber, Director of Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
CM06-00 102
Allachmenl1
ITEMIZED EXPENDITURES FOR CDBG FICSCAL YEAR 2006-2007
Account No. Item Description Amount
EXPENDITURES
Housing
35-G07 -0720-
5057 Empowering Individuals with Disabilities $52.500
5108 Demolition $135.000
5368 Officer at Home 525.402
5431 Officer at Home - Delivery 528,006
5397 Derelict Structures - Proiect $175.000
5497 Derelict Structures - Delivery 575.000
5399 Mortgage Assistance Program 555,000
5412 Individual Development Account $33,006
5420 Demolition/BRHDC - Project $14,000
5421 Demolition / BRHDC - Project Delivery $6,000
5428 Park Street Square / RRHA - Project 5250.000
5432 Special Needs Program / RRHA - Project $175.000
5433 Special Needs Program / RRHA - Delivery 575.000
5430 Project GOLD - RRHA - Delivery 5182,100
5454 Proiect GOLD - RRHA - Project 5271,178
5461 Lead Based Paint Match $65,000
5470 Emergency Home Repair - TAP - Project $55,885
5483 Emergency Home Repair - TAP - Delivery $24.115
5500 Multi-Housing Crime Prevention Partnership $60.000
5501 Rebuilding Neighborhoods $25,000
Subtotal - Housing 51,782,192
Planning / Admin
35-G07-0721-
5284 Fair Housing 55.000
5403 Historic Review Services $10.000
5473 Ten Year Plan to Eliminate Homelessness 56,655
Subtotal - Planning/Admin $21,655
Economic Development Projects
35-G07 -0730-
5135 Hotel Roanoke 108 (Total Payment $452,790) $99,790
Subtotal - Economic Development 599,790
Account No. Item Description Amount
Neighborhood Projects
35-G07 -0737-
5028 Old Southwest. Inc. - NDG (change finance code) $15.000
5245 Loudon/Melrose - NDG $14.000
5410 Melrose/Rugby Neighborhood Forum - NDG S3,000
5440 Fairland - NDG S1,000
5475 Kuumba - facility expansion S41,875
5502 Southwestern Va Second Harvest Food Bank S84.296
Subtotal - Neighborhood $159,171
Human Development Programs
35-G07 -0738-
5084 Apple Ridge Farms $23,450
5160 West End Center $26,400
5372 Presbyterian Family Services / Pathways $9.900
5443 RESOURCE-ful Elder Care $13.850
5444 School-Age After School Therapeutic $13.119
5445 Women's Resource Center - TAP $13.027
5269 Girl Scouting in Public Housing $24.000
5503 Kids' Café - SWV Second Harvest Food Bank $28.824
5504 Expansion of Court Advocacy Services - CASA $38.500
5505 Health Promotion Program - Kuumba $42.274
5506 St. John's CYP $38.370
Subtotal - Human Development 8271,714
TOTAL EXPENDITURES 82,334,522
REVENUE
35-G07 -0700-
2701 CDBG Entitlement S1.904.091
2706 Cooper Industries (UDAG) S13.333
2717 Sands Woody Loan Repayment $6.722
2720 SRO Loan to TAP $5.618
2722 Homeownership Assistance $4.500
2734 Hotel Roanoke Loan Repayment S399.758
2740 Rental Rehab Repay $500
TOTAL REVENUE 82,334,522
Account No. Item Description Amount
CDBG ACCOUNT TRANSFERS
INCREASE
35-G05-0530-5135 Hotel Roanoke 108 S8.000
$8,000
DECREASE
35-G05-0540-5184 Unprogrammed CDBG - Carryover S8.000
$8,000
INCREASE REVENUE ESTIMATE
35-G04-0400-2434 108 Repay $290
35-G05-0500-2534 108 Repay $9.414
35-G06-0600-2634 108 Repay S347.860
$357,564
APPROPRIATE TO
35-G04-0430-5135 Hotel Roanoke 108 S290
35-G05-0530-5135 Hotel Roanoke 108 S9.414
35-G06-0630-5135 Hotel Roanoke 108 S335.296
35-G06-0640-5188 Unprogrammed CDBG - Section 108 Loan S12,564
$357,564
c. 'I'lydocurrm'ts 't3xr."!IiClf>-nìC:l BGaprrar
Attachment 2
ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2006-2007
Account No. Item Description Amount
EXPENDITURES
35-090-5364-
5428 RRHA Park Street Square (Project Funds) 5369,108
5510 BRHDC Officer at Home Project (Project Funds) $31,207
5511 BRHDC Officer at Home Project (Admin Funds) $29,793
5512 BRHDC Officer at Home Project (CHDO Project Funds) 5102,073
5513 BRHDC Officer at Home Project (CHDO Operating Funds) $10,207
5454 RRHA Project GOLD (Project Funds: exel. local match ') 5123,722
5453 RRHA Project GOLD (Admin Funds) $30,000
5482 Unprogrammed Funds 59,377
TOTAL EXPENDITURES 5705,487
REVENUE
35-090-5364-
5364 HOME Entitlement - FY 07 $680.487
5365 HOME Program Income FY 07 525,000
TOTAL REVENUE $705.487
HOME ACCOUNT TRANSFERS
INCREASE
35-090-5313-5399 Mortgage Assistance Program $72,515
Total Transfer Increase 572,515
DECREASE
35-090-5313-5482 Unprogrammed Funds 05-06 572,515
Total Transfer Decrease $72,515
INCREASE REVENUE ESTIMATE
35-090-5312-5313 HOME Program Income - FY04-05 53.794
35-090-5313-5315 HOME Program Income - FY05-06 589.583
Total Revenue Increase $93,377
APPROPRIATE TO:
35-090-5312-5428 RRHA Park Street Square (Project Funds) $3,794
35-090-5313-5428 RRHA Park Street Square (Project Funds) 577,098
35-090-5313-5399 Mortgage Assistance Program 512,485
Total Appropriation 593,377
. $10í:,f)(lO In .ocal HO~.~E rTl.11r.:h funds w'lI be plOvll1"!d 10 this pr')júCl
Attachment 3
ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT (ESG)
FISCAL YEAR 2006-2007
Account No. Item Description Amount
Expenditures
35-E07-5177-
5251 TRUST Shelter $38.770
5253 TAP Transitional Livinq Center 524.850
5254 Roanoke Valley Interfaith Hospitality Network $17.334
TOTAL EXPENDITURES $80,954
Revenue
35-E07-5177-5196 ESG Entitlement $80.954
c:fmydoclJmenlsiexcellf06_07ESGapprop
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
June 26, 2006
File #60-216-236
Jesse A. Hall
Director of Finance
Roanoke, Virginié\
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37424-061906 appropriating
$10,000.00 from the Commonwealth of Virginia for a Certified Local Government
Grant, and amending and reordaining certain sections of the 2005-2006 General
and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
..9;,~ Yn. ~_~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning, Building and Economic Development
L:ICLERKIDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 carr.doc
~)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37424-061906.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for a Certified Local Government Grant, amending and reordaining certain sections of
the 2005-2006 General and Grant 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 2005-2006 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Contingency
Transfer to Grant Fund
Grant Fund
Appropriations
Professional Services
Revenues
Certified Local Government Grant-State
Certified Local Government Grant-Local
001-300-9410-2199
001-250-9310-9535
$ (10,000)
10,000
035-310-8128-2010
20,000
035-310-8128-8128
035-310-8128-8129
10,000
10,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~'rn,~o~
~~ City Clerk.
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
June 26, 2006
File #60-216-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37425-061906 authorizing acceptance of a
Certified Local Government Grant, in the amount of $10,000.00, from the Virginia
Department of Historic Resources; and authorizing execution of any required
documentation on behalf of the City, as more fully set forth in a letter from the City
Manager addressed to the Co uncil under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~~m. ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
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
R. Brian Townsend, Director, Plan~ing, Building and Economic Development
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Uun 06Uun 1906 corT.doc
<",'5(
(g~~\P
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No 37425-061906. .
A RESOLUTION auihonzmg the acceptance of a Certified Local Government Grant
from the Virginia Department of Historic Resources and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized on behalfofthe City to accept from the
Virginia Department of Historic Resources a Certified Local Government Grant in the
amount of $10,000.00, with the City providing an additional $10,000.00 in local matching
funds, such funding to be used to devclop a new set of Architectural Review Guidelines used
by the Architectural Review Board, all of which is more particularly described in the City
Manager's Jetter dated June 19,2006, to City Council.
2. The City Manager is hcreby authorized to execute, on behalf of the City the
Certified Local Government Grant Agreement attached to the City Manager's letter dated
June 19, 2006, to City Council, and any other documents required by the Department of
Historic Resources pertaining to the Certificd Local Government Grant, approved as to form
by the City Attorney, required in connection with the acceptance of such grant, and to furnish
such additional information as may be rcquired by the Virginia Department of Historic
Resources in connection with the grant.
ATTEST:
/l1'V~jM.~ ~
City Clerk.
~
(L_tZ¡~\
.~%'\\'.. . ...
>,. -
. . ~ .
. . ' .~;~:~~:~:?::/
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Toylor Municipol Building
215 Church Avenue, S.W., Room 364
Roanoke, Virgini" 241111-1591
TL'il'pl111IlL': (5·111) t'53·~3::;J
F.n.:: (5-10) S".Î-l ]38
Cit~· \\,\'h: \\·\\'\\'.r\),lIlnkl'\ ,l)~l'"
June 1 9, 2006
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. Wish neff, Council Member
Dear Mayor Harris and Members of Council
Subject:
Acceptance of a CLG Grant
from the Virginia Department
of Historic Resources
Background:
The City of Roanoke received notification that an application for Certified Local
Government (CLG) grant funds was reviewed and approved by the Virginia
Department of Historic Resources (DHR). This funding will be used to develop a
new set of Architectural Review Guidelines used by the Architectural Review
Board to evaluate projects in Roanoke's historic districts.
Considerations:
The approved grant amount of $10,000 will be matched with $10,000 in City
general funds available from City Manager Contingency (001-300-9410-2199)
for a total project amount of $20,000. The grant period is between June 1,
2006 and June 30, 2007.
Recommended Actions:
Adopt a resolution accepting the $10,000 CLG Grant for the Virginia
Department of Historic Resources.
Authorize the City Manager to execute the attached Certified Local Government
Grant Agreement, and any other forms required by the Department of Historic
Resources in order to accept these funds.
Mayor Harris and Members of City Council
June 19, 2006
Page 2
Adopt the accompanying budget ordinance to appropriate $10,000 in grant
funding and $10,000 in local match funding to an account to be established in
the Grant Fund by the Director of Finance and to establish corresponding
revenue estimates.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:cc
Attachment
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
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning Building & Economic Development
CM06-0 104
REeefvED·
~/MY.'" ~ ,
n A .j \./ 2000
\~ Û r.ITYMANðGE~'~OFF/C~
COMMONWEALTH of VIRGINIA
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f' :.......~.; It
.~ '.. ..~~(i..; "=';
''t~''·'G''',- ~.
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W. rayllll' \!.õrphy. Jr.
SeCE'etary or S3lura] RC'~llurcC's
Department of Historic Resources
280 I KensinglOI1 Avenue. Richmond, Virginia 23221
K;lIhk'l'n $. Kiìpatrick
Dirt',,;wr
TC'l: 11'104) "'t.7-~31;
Fa\; IS04) 367 ~.~9J
TOD: ¡'s04) 367-1.~S6
\\ww.dhr.virginLl.go\'
May 24. 2006
Ms. Darlene i" Burcham
City Manager
City of Roanokl..'
Noel C. Taylor Municipal Building
215 Church Ave. S.W.
Roanoke. VA 24011
RE: CI.G Granl Agreemelll. 2006 CLG Revision of City ofRoanoke's Design Guiddines
··-·--Dear Ms·: Burcl'ani;·
I am pleased to infoml youlhat your granl applicalion lor 2006-2007 CUi granl funds has been
funded. Enclosed is the grant agrccmcnt for your CLG Grant to assist in revising the City of
Roanokc's Design Guidelines. I will look forward 10 working wilh you on this projcct.
Plcase have lhis agrccmelll signed and rclumcd 10 lhe Newport News Offic" addr"ss listed
below within the next ten days. \Vhen il is fully execlltcd~ I will forv.'ard íl copy to YOll for your
tiles. If you have any questions, you arc welcome to conlact me al (757) 886-2818.
Sincerely.
CJ.-¡~iL2__A~Á.-<--O" 8~)~
Camille Agricola Bowman
Architectural Historian and CLG Coordinator
Tiù\:walt:r Region Preservation Office
CAROM
vet: Anne S. Beekell: CLG Stall
~dl11mj~lr..lli\·c Sl'r\"]":t'~
10 Counhous,: '\\'cnu.:
PClersburµ. VA ~380.~
Teì"I!!:(4) X6:;·16:!4
1-":1.,,: !l'iO-l1 XI':!·/dQ(j
LlpiL11 Rcµion Office
2S01 KCI::-;illgWIl Ave.
RichmonJ. \".-\ ~J:21
Tel. (f¡04.1 :{,;-:!.~:!_~
Fa,,: 180-11 Y'f-2:;4¡
TiJcWJll' " Ih'gil'll UnìCt'
] 4-J] 5 Old COllnhlllN' W..ty, :!".~ Flr'M
t\c.... p~m :\ew.~. V:\ 2.1608
Tel: (7~7) 8~H,-::S( 7
F;,¡x: c"7:i7¡ ;';·";(.-2¡'¡On
R(Œh';';,~ Rt'gi('nOl!il'('
]í,~( Pt·ll11l!lrA\'t'.. SF
RO:J!1oh'. VA 24013
TL-:.(QnI857-i5SS
Fax. c.<;"¡fJl.':';57-75!\~
\\'inchl::~:er RC~¡lll1 OŒt"\:
]()7 N. Ken! SU"t'ct, Suil~ 203-
Wirchcster. VA ?2óOI
Tel' {'i..aD} 722- ~..r:!ï
ra'l;. /:'·HI17:2-7515
Certified Local Government Grant Agreement
2006-2007
This agreement enlered into this 1 st day of June, 2006, by the Commonwealth of
Virginia, Departmenl of lIisloric Resources (DlIR), and the City of Roanoke. thc Ccrtified Local
Go\-ernment (CLej), WITNESS that J)J·IR and lhe CL(;. in consideration oflhe mutual covcnanlS.
promises. and agreemenls herein contained, agree lhal the grant awarded by DHR to the CLG
shall be as described below:
Project Tille: CLG Grant: 2006 CLG Revision of Cit)· of Roanoke's Design Guidelines:
Roanoke
Grant Amount: $10,000 Matching Share: $10,000 Total Project Costs: S20,OOO
Grant Period: June 1, 2006* through June 30. 2007
· Aelual slart date is lhe dale of full execution or agreement
This grant agreement incorpnrates the following documents:
( I) This signed form;
(2)
DHR Request for Applications - 2006 CLG Subgranl Program. dated April 2006:
(3) Grant Application trom lhe City of Roanoke, dated AprilS. 200ó.
(4) Any negotialed modifications thereto, all of which are referenced below:
(a) Revised Project Scope of Work:
(h) Any publications produced wilh grant funds musl inelude lhe language
coneeming NPS financial assistance and nondiscrimination as shown below:
(OPTIONAL only' if publication type)
This publication has been financed in part with Federal funds from the National
Park Service, li .5. Department of the Interior. However, the contents and
opinions do not necessarily reflect lhe view or policies of the U.S. Department of
the Interior. This program receives Federal financial assistance for identification
and protection of historic properties. Under Title VI of the Civil Righls Act of
1964. Section 504 of the Rehabilitalion Acl of 1973. and the Age Discrimination
Aetl,f 1975, as amended. lhe U.S. Department oflhe Inlcrior prohibits
discriminalion on lhe basis of race. color, nalional origin, disahilily or age in ilS
federally assisted programs. If you believe you have been discriminated againsl
in any program. activity, or ",eility as described above, or if you desire further
informalion, please write to: Officc of Equal Opportunity, National Park Service,
1849 C Street. NW. Washington. D.C. 20240.
· ,
Certificd Local GO\'CI"ßment Grant Agreemcnt
Page 2 of 2
II'i WITi'iESS WHEREOF, lhe panics have caused lhis (ìrant Agreemelllln he dul~
('xc-cuted. intending 1\1 be bOllnd lht"reby.
CFIHlflED LOCAL GOVER:"/ME:-.rT
COWHONWEAL TH OF VIRGIi'iTA
DEPT. OF HISTORIC RESOL"RCr.S
Signature:
Signature:
~al1le: Darl(,l1l.' I . BlITcharn
Namc: Kalhlcen S. Kilpatrick
Title: City Manager
Tille: Director
Dare:
Date:
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
June 26, 2006
File #60-72-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37426-061906 appropriating
$385,084.00 from the Commonwealth of Virginia for the Southwest Virginia
Regional Employment Coalition Grant, and amending and reordaining certain
sections of the 2006-2007 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,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~'~=;,~
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
L:\CLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corT.doc
~~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37426-061906.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Southwest Virginia Regional Employment Coalition Grant, amending and
reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Fees for Professional Services 035-630-8857-2010
Revenues
SWVA Regional Employment Coalition FY06 035-630-8857-8857
$385,084
385,084
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~p..v~ J'm. ~
City Clerk.
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
June 26, 2006
File #60-72-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37427-061906 authorizing acceptance of an
Employee Advancement for TANF Participant Grant under the Temporary Assistance
to Needy Families (TANF) Project from the Virginia Department of Social Services, in
the amount of $385,084.00; authorizing the City of Roanoke to serve as the primary
fiscal agent for distribution offunds 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, as more fully set forth in a letter from
the City Manager addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~ø-..~t./M. ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun 06\Jun 1906 corr.doc
Darlene L. Burcham, City Manager
June 26, 2006
Page 2
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
L:ICLERKIDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 19 06 corr.doc
, j"
I'i. \.
¡J .
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37427-061906.
A RESOLUTION authorizing the acceptance of an Employee Advancement for TANF
Participant grant under the Temporary Assistance to Needy Families (TANF) Project from the
Virginia Department of Social Scrvices for thc purpose of maintaining and improving existing
services to eligible T A!\Tf recipicnts which will enable them to obtain employment or, where
appropriate, an alternate disability income; authorizing the City of Roanoke to scrve as the primary
fiscal agent for the distribution of such funds to the Southwest Virginia Rcgiona1 Emp10)went
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 Roanokc that:
1. The grant award undcr the Employee Advancement for T ANF Participant grant from
the Virginia Department of Social Services, for thc purpose of maintaining and improving existing
services to eligible TANF rccipicnts which will cnab1e them to obtain employment or, where
appropriate, an alternate disability income, in the amount of$385,084.00, for a period commencing
June 1, 2006, through May 31, 2007, and for an additional six months should additional funding
becomc avai1ab1c, as set forth in the City Manager's lctter to Council dated June 19,2006, is hereby
ACCEPTED.
2. Thc City of Roanoke shall be authorized to be the primary fiscal agent for this grant
and shall bc responsible for distributing the grant proceeds to the Southwest Virginia Regional
Employment Coalition which consists of the City of Roanoke, Roanoke County, Franklin County,
Craig County and Botetourt County, along with Total Action Against Poverty, Blue Ridge
Behavioral Hcalthcare and Goodwilllndustries of the Valleys.
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 connection with the City's acceptance of these grant funds. All documents shall be
approved as to form by the City Attorney.
ATTEST:
~rn.~
~~YC1erk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
i'\ncl C. T,wlnr Municip"l Building
215 Church A\'l'nue, S.\·V., Room 36-t.
Rnanokl', Virginii1 2"¡'ln 1-1591
T('l~'pllllnl':' !5·Ull S:;:k~.l~~
J.,p,: (~4ilJ :-i:;:1-113~
l:Jl~ \\'I'b: ww\\" r~l,lIl11kt·\·.l.g\'\'
June 19, 2006
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:
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 and Goodwill Industries of the Valleys, have been
awarded an Employment Advancement for TANF Participants grant from the
Virginia Department of Social Services (VDSS) in the amount of $410,000. 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 will be in
effect from June 1, 2006 through May 31, 2007, and anticipate that additional
funding will be received to extend the grant through November 30, 2007. The
City of Roanoke is to be the primary fiscal agent for this grant, and it is to be
responsible for distributing the grant proceeds to the provider agencies for
services provided to the local DSS agencies, except that $24,916 of the total
grant may be accessed by Roanoke County directly from the VDSS.
Honorable Mayor and Members of City Council
June 19, 2006
Page 2
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.
Recommended Action:
Authorize the City Manager to execute all appropriate documents related to
acceptance of the grant including additional funding that may become
available. All documents shall be upon form approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $385,084 and to appropriate funding of the same amount to an
expenditure account to be established in the Grant Fund by the Director of
Finance.
Darlene L. Bu
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
Rolanda B. Russell, Assistant City Manager for Community Development
CM06-00 108
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
June 26, 2006
File #5-60-236-301
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear M r. Hall:
, am attaching copy of Budget Ordinance No. 37428-061906 appropriating
$67,273.00 for mobile data terminals through the Byrne Memorial justice
Assistance Grant, and amending and reordaining certain sections ofthe 2005-2006
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,june 19,2006, and is in full force and
effect upon its passage.
Sincerely,
t~^'-t--'Õ'n, ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun 06Uun 1906 corr.doc
~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
. The 19th day of June, 2006.
No. 37428-061906.
AN ORDINANCE to appropriate funding for mobile data terminals
through the Byrne Memorial Justice Assistance Grant, amending and reordaining
certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Expendable Equipment <$5,000 035-640-3458-2035
Revenues
Mobile Data Terminal Grant FY06 035-640-3458-3458
$ 67,273
67,273
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~fJ.N' ~ (n. ~
~~ity Clerk.
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
June 26, 2006
File #60-236-301
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37429-061906 accepting the Mobile Data
Terminal grant, in the amount of $67,273.00, from the Office of Justice Programs
and the Edward Byrne Memorial Justice Assistance Grant, and authorizing execution
of any required documentation on behalf of the City, as more fully set forth in a
letter from the City Manager addressed to the Council under date of June 19,2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~'rYt.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
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
A. L. Gaskins, Chief of Police
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun 06\Jun 1906 corr.doc
V6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37429-061906.
A RESOLUTION accepting the Mobile Data Terminal grant to the City from the Office
of Justice Programs and the Edward Byrne Memorial Justice Assistance Grant, and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City of Roanoke docs hereby accept a Mobile Date Terminal grant in the
amount of $67,273 upon all the terms, provisions and conditions relating to the receipt of such
funds all as is more particularly described in the letter of the City Manager to Council, dated
June 19, 2006.
,
The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
that may be required for the City's acceptance of this grant, all such documents to be approved as
to form by the City Attorney.
3. The City Manager is further directed to fumish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
~M.~
~ CityClerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
213 Chun:h Aycnue, S.\V., Rnom 3A..J.
ROo:lIlUkl', Virginia 2-+011-1591
"J"t"'lt'pholll': (5.Jfl¡ ~:;.l_~Y"'\~
I,p." (::;"¡'Ul ,,;.; \ 1.\:-'.
Cit~· \\'l'b: \\"\\·\\".r\l,llhlkl'\·.l.,l.~l'\·
June 19, 2006
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 McDaniel, Council Member
Honorable Brian J. Wish neff, Council Member
Subject: Mobile Data Terminal Grant
Dear Mayor Harris and Members of Council:
Background:
Each patrol vehicle for the police department contains a mobile data terminal
(MDT). These computers enable the officers to access crime information,
receive I send messages and requests, receive and clear from dispatched calls
and write police incident reports. The police department currently has over 90
of these units installed in its vehicles. Many of the units are near or past their
five year window of reliable usability.
In March of this year, the police department applied for grant funding to
replace 17 of the older MDTs. The application was made to the Office of Justice
Programs under the Edward Byrne Memorial Justice Assistance Grant UAG)
solicitation. As a result of the application, the police department has been
awarded $67,273 to be used to purchase the needed computer equipment.
Recommended Action:
Accept the Mobile Data Terminal Grant award of $67,273 from the Office of
Justice programs and the Edward Byrne Memorial Justice Assistance Grant
solicitation. Authorize the City Manager to execute the grant agreement and
any related documents, subject to them being approved as to form by the City
Attorney.
Honorable Mayor and Members of Council
June 19, 2006
Page 2
Adopt the accompanying budget ordinance to appropriate funding of $67,273
to be used for the purchase of equipment and establish a corresponding
revenue estimate in accounts to be established by the Director of Finance in the
Grant Fund.
Respectfully submitted,
Darlene L. B rcham
City Manager
DLB:/gws
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, ACM for Community Development
A. L. Gaskins, Chief of Police
CM06-0 109
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
June 26, 2006
File #5-60-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37430-061906 appropriating
$73,584.00 from the Commonwealth of Virginia for the Interoperable
Communications Grant, and amending and reordaining certain sections ofthe 2005-
2006 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
James L. Grigsby, Acting Assistant City Manager for Operations
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
~';
\>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37430-061906.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Interoperable Communications Grant, amending and reordaining certain sections
of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Furniture & Equipment >$5,000 035-430-3463-9005 $ 73,584
Revenue
Security Interoperable Communication 035-430-3463-3463 73,584 .
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~M.~
~~ City Clerk.
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
June 26, 2006
File #5-60-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7431-061906 authorizing acceptance ofthe
Commonwealth of Virginia State Interoperability Communications Grant, in the
amount of $73,584.00, to purchase 38 MotorolaXTS2500 handhelds for issuance to
first responders, and authorizing execution of the necessary documents, upon
certain terms and conditions, as more fully set forth in a letter from the City
Manager addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~~.~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
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
James L. Grigsby, Acting Assistant City Manager for Operations
L:ICLERKlDATAICKEW 1 \AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
û~c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37431-061906.
A RESOLUTION authorizing the acceptance of a grant from the Commonwealth of Virginia
State Interopcrabi1ity Executive Committee to be used to purchase 38 Motorola XTS2500 handhelds
for issuance to first responders; and authorizing the execution of the necessary documents, upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City of Roanoke hereby accepts the Commonwealth of Virginia Interoperable
Communications Grant, in the amount of $73,584.00, to be used for the purchase of 38 Motorola
XTS2500 handhe1ds for issuance to first responders, and as more particularly set forth in the June 19,
2006, letter of the City Manager to this Council.
'1
~.
The City Manager is hereby authorized to execute any and all requisite documents,
upon form approved by thc City Attorney, and (0 fumish such additional information as may be
required in cOlmection with the City's acceptance of this grant.
ATTEST:
~M.~o-.
~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
i\,)c] C. T"yILlT Municipal Building
215 Church t\ \'t,'IlUl\ S. \V., Room 36·+
Rl1i:11lOke, Virginia ::!4011-139.l
I"I'h'\,11011l': ('i.. .11I ,"i::d 2..~':::;
1,1",: (:.i·11I) ~:';:\-II ~"
(il.\ \\'1>\1: \\ \\·\\".n·',l!hl"l>\·,l.~~f'\·
June 19, 2006
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 McDaniel, Council Member
Honorable Brian J. Wish neff, Council Member
Subject: Commonwealth of Virginia
Interoperable Communications
Grant Award
Dear Mayor Harris and Members of Council:
Background:
The Commonwealth of Virginia has awarded the City of Roanoke $73,584 from
the State Interoperability Executive Committee (SIEC).
to successful applicants for activities which
communications technology in Virginia.
These funds are awarded
improve interoperable
During the last decade the Roanoke Metropolitan Service Area's (RMSA)
governmental partners and public safety agency stakeholders have been
working to establish and improve interoperability throughout the region to
better respond to emergency events, coordinate safety services at incident
sites, build cooperative relationships among first responders, expand channels
of communication, and prevent terrorist related attacks. However, there is still
the need for first responders with disparate radio systems to effectively
communicate when arriving on scene during a natural or man-made disaster.
Honorable Mayor and Members of City Council
June 19, 2006
pag e 2
The City of Roanoke has been awarded this grant funding, and it will be used to
purchase 800mhz portable radios for issuance to first responders.
The purchase of the 38 Motorola XTS2500 hand he Ids presents an innovative
solution in addressing disparate radio systems for first responders. Because
Roanoke does serve as the hub of emergency services for the Southwestern
quadrant of Virginia, it is a perfect centralized location to house the new units,
making them accessible to numerous other jurisdictions within the state and
surrounding states. Also, because the city is at a critical rail and interstate
nexus, a problem in Roanoke could freeze rail and truck traffic along a major
transportation corridor. The availability of a significant number of radios in
Roanoke can streamline communications and make a critical difference in the
ability of first responders to handle major emergencies. Because Roanoke
already has Mutual Aid Agreements in place with so many cities and counties in
the region, the addition of these radios would serve to upgrade the
communications capabilities of agencies that together serve a population of
nearly three-quarters of a million citizens.
Equipment will be purchased before the mandatory deadline of October,31,
2006, as slated by the SIEC.
Recommended Action:
Accept the Commonwealth of Virginia Interoperable Communications Grant and
authorize the City Manager to execute the grant agreements and any related
documents, subject to them being approved as to form by the City Attorney.
Adopt the accompanying budget ordinance, appropriating funding of $73,584
to be granted by the Commonwealth to be used for the purchase of equipment.
Establish a corresponding revenue estimate in an account to be established by
the Director of Finance in the Grant Fund:
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:mds
c: 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
Jim Grigsby, Assistant City Manager for Operations
CM06-00115
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
June 26, 2006
File #60-67-237
Darlene L. Burcham
City Manager
Roanoke, Virginia
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Ms. Burcham and Mr. Hackworth:
I am attaching copy of Ordinance No.3 7432-061906 authorizing the City Manager
to take appropriate action to acquire certain real estate and interests in real estate
needed by the City of Roanoke for construction and development of Phase II of the
Roanoke River Flood Reduction Project; authorizing the City Manager to establish.
consideration to be offered by the City for each parcel; authorizing acquisition of
such property by condemnation if a voluntary purchase cannot be obtained;
authorizing the City Attorney to make motion for the award of a right of entry on
any of the parcels for the purpose of commencing development of the Project;
authorizing inclusion of any required City-owned real estate in such Project; and
authorizing access to the property by the United States Army Corps of Engineers,
upon certain terms and conditions, as more fully set forth in a letter from the City
Manager addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~'7n·wt~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERKlDATAICKEW 1 \AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 oorr.doc
Darlene L. Burcham
June 26, 200
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
James L. Grigsby, Acting Assistant City Manager for Operations
Robert K. Bengtson, Director, Public Works
Philip C. Schirmer, City Engineer
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun O6IJun 1906 corr.doc
O,JL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37432-061906.
AN ORDINANCE authorizing the City Manager to take appropriate action to
acquire certain real estatc and interests in real estate needed by the City for the
construction and development of Phase n of the Roanoke River Flood Reduction Project;
authorizing the City Manager to establish the considcration to be offered by the City for
each parcel; authorizing the acquisition of such property by condemnation if a voluntary
purchase cmIDot be obtained; authorizing the City Attorney to make motion for the award
of a right of entry on any of the parcels for the purpose of commencing the development
of the Project; authorizing the inclusion of any required City owned real estate in such
. .
Proj ect; authorizing access to the property by the United States Army Corps of
Engineers; and dispensing with the second rcading of this ordinance by title.
WHEREAS, thc Roanoke River Flood Reduction Project ("Project") was
approved by a voter referendum in 1989 which required the City to acquire certain
necessary property rights;
WHEREAS, authorization to acquire certain property rights for the Project was
granted by Council by Ordinance Nos. 29733-091189, 35713-012202, and 34629-
010400;
WHEREAS, certain real estate and interests in real estate are now needed for
Phase n of the Project, some parcels of which were not included in the previous
ordinances;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. For the construction, implementation, and maintenance of Phase II of the
Roanoke River Flood Reduction Project, a needed public improvement including
channel widening, construction of protective dikes or berms, flood proofing of certain
buildings, replacement of certain bridges, construction of a trail, and flood warning
system, serving public purposes for the protection and preservation of the health, property
and welfare of the citizens of Roanoke, the City wants and needs certain real estate
interests, including fce simple interests and perpetual easements, together with temporary
construction easements and rights of ingress and egress, on the properties described and
listed in an attachment to the letter of the City Manager to this Council dated June 19,
2006, incorporated by reference herein. The proper City officials are authorized to take
such action in order to accomplish the acquisition of the additional property rights with
appropriate ancillary rights with respect to the property needed for such consideration as
the City Manager may deem appropriate, subject to applicable regulatory and statutory
guidelines.
2. The City Manager is directed on behalf of the City to offer the landowners
of each of the parcels or interests referenced above such consideration for the property
rights as deemed appropriate. Upon the acceptance of an offer and upon delivery to the
City of deeds, approved as to form and execution by the City Attorney, the Director of
Finance is directed to pay the consideration to the owners of the interests conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the iandowner as to the
compensation to be paid for acquisition of such real estate and interests in real estate, or
other terms of purchase or settlement, or should the owners be persons under a disability
lacking capacity to convey such real estate and interests in real estate, or should the
whereabouts of the owners bc unknown, the City Attorney is authorized and directed to
institute condemnation or legal procccdings to acquire for the City the appropriate real
estate and interests in real estate.
4. In instituting or conducting any condemnation proceeding, the City
Attorncy is authorizcd to make motion on behalf of the City for a right of entry pursuant
to Section 25.1-223 et. seq.; of the Code of Virginia (1950), as amended, for the purpose
of commencing the Project. The Director of Finance, upon request of the City Attorney,
shall be authorized and dirccted to draw and pay into court the appropriate sums in
connection with such proceedings.
5. The City Manager and City Clerk are authorized to exccute, seal and
attest, respectively, in form approved by the City Attorney, appropriate docwnentation
evidencing the City's consent to inclusion of City-owned property in the Project as
identified in the letter of the City Manager dated June 19, 2006, and its attachment.
6. Pursuant to the provisions of Section 12 of the City Charter,. the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~M.~
~ City Clerk.
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
June 26, 2006 .
File #60-67-237
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No.3 7433-061906 authorizing the City Manager
to take appropriate action to acquire certain property consisting of Official Tax No.
1221 301 and a portion of Official Tax Map No. 1221406 for development of open
space, park, and recreational purposes; authorizing acquisition of such property by
condemnation if a voluntary purchase cannot be obtained; and authorizing the City
Manager to establish consideration to be offered by the City of Roanoke for such
parcels, upon certain terms and conditions, as more fully set forth in a letter from.
the City Manager addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage. .
Sincerely,
~~,~fy.,. ""O~
Stephanie M. Moon, C~
Deputy City Clerk
SMM:ew
Attachment
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06IJun 1906 corr.doc
Darlene L. Burcham
June 26, 200
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
James L. Grigsby, Acting Assistant City Manager for Operations
Robert K. Bengtson, Director, Public Works
L:\CLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun O6IJun 19 06 corr.doc
OðC
1-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37433-061906.
AN ORDINANCE authorizing the City Manager to take appropriate action to
acquire certain property consisting of Official Tax Map No. 1221301 and a portion of
Official Tax Map No. 1221406 for the development of open space, park, and recreational
purposes; authorizing the acquisition of such property by condemnation. if a voluntary
purchase cannot be obtained; authorizing the City Manager to establish the consideration
to be offered by the City for such parcels; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I. Council hereby authorizes the City Manager to take such action as may be
necessary in order to accomplish the acquisition of property consisting of a portion of
Official Tax Map No. 1221406 and the entirety of Official Tax Map No. 1221301,
located at the Hannah Mobile Home Court Park, for the development of open space, park,
and recreational purposes, as set forth in the City Manager's letter to this Council dated
June 19, 2006.
2. The City Manager is directed on behalf of the City to offer the landowner
such consideration for the property as deemed appropriate. Upon the acceptance of an
offer and upon delivery to the City of deeds, approved as to form and execution by the
City Attomey, the Director of Finance is directed to pay the consideration to the owners
of the interests conveyed, certified by the City Attomey to be entitled to the same.
3. Should the City be unable to agree with the landowner as to the
compensation to be paid for acquisition of such property or should the owners be persons
under a disability lacking capacity to convey such property rights, or should the
whereabouts of the owners be unknown, the City Attorney is authorized and directed to
institute condemnation or legal proceedings to acquire for the City the appropriate
property rights.
4. In instiluting or conducting any condemnation proceeding, the City
Allorney is authorized 10 make motion on behalf of the City for a right of enlry pursuant
10 Seelion 25.1-223 el. seq.; of the Code ofYirginia (1950), as amended, for the purpose
of commencing the project. The Director of Finance, upon request of the City Attorney,
shall be authorized and directed to draw and pay into court the appropriate sums in
connection with such proceedings.
5. Pursuant 10 the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~'l\.1..~~
~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. T.'ylor Municipall3uilding
215 Church i\\'enlll', S.W., Room 364
Roanllke, Virginia 24011-1591
Tl~ll'phtlne: (!i·HI) ¿';5J-:!~~J
1,,1'.; (5· (1) .,53·1 JJ.,:\
Cily \\\,1,: W\\·\\'.n¡,¡nokl"",q.';(I\"
June 1 9, 2006
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Roanoke River Flood
Reduction Project -
Property Rights Acquisition
Phase II
Background:
The Roanoke River Flood Reduction Project was proposed by the United States
Army Corps of Engineers in 1984, and approved by a voter referendum on April
11, 1989. As part of the Local Cooperation Agreement between the City and the
Corps for design and construction, the City is required to acquire all necessary
property rights. Authorization to acquire property rights was granted by City
Council by Ords. 29733-91189, 34629-010400, and 35713-012202.
Property rights acquisition Phase II includes affected properties between the City
of Roanoke/Salem boundary and Hannah Court area. Attached is a map showing
the extent of Phase II and a list of parcel numbers and property owners for
property that needs to be acquired for Phase II.
A substantial portion of Parcel 1221406, designated as Tract A-2 on the attached
plat, is needed for the Roanoke River Flood Reduction Project. The remainder of
Parcel 1221406, designated Tract A-I, and Parcel 1221301, shown as Tract Bare
identified for future park and recreational uses in conjunction with the proposed
The Honorable Mayor and Members of Council
June 19, 2006
Pag e 2
Roanoke River Greenway. This use for open space and recreation purposes is
identified in the Future Land Use Plan and Quality of Life section (pages 15 and
40 respectively) of the Hurt Park - Mountain View - West End neighborhood plan,
adopted by City Council on June 16,2003, as a component of Vision 2001-2020,
the City's Comprehensive Plan. I recommend that the City proceed to acquire
this property for open space, park, and recreation purposes.
Sufficient funding has been appropriated in account 008-056-9620 to support
acquisition of these property rights.
Recommended Action:
Adopt the attached two ordinances authorizing the City Manager and the City
Attorney to take all necessary measures to acquire all the property rights
necessary for Phase II of the flood reduction project, and the remainder of tax
parcel 1221406 and all of tax parcel 1221301 for open space, park and
recreational purposes. Such property rights may be acquired by negotiation or
eminent domain and may include fee simple, permanent easements, temporary
construction easements, rights of way, licenses or permits, etc.
Darlene L. Bur
City Manager
DLB:LEP:dps
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management & Budget
Robert K. Bengston, PE, Director of Public Works
CM06-00116
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RRFRP PROPERTY RIGHTS - PHASE II
PARCEL NUMBER OWNER
1410202 VIRGINIA SCRAP IRON&METAL CO INC
1410114 VIRGINIA HOLDING CORP
1410205 WALKER MACHINE & FOUNDRY CO
1420102 LACKS PROPERTIES LLC
1420101 LACKS PROPERTIES LLC
1410106 VIRGINIA HOLDINGS CORP
1510101 VA SCRAP IRON & METAL CO INC
1410226 CONCRETE PIPE & PRODUCTS
1410204 WALKER MACHINE & FOUNDRY CO
1320715 T J S LLC
1420104 LACKS PROPERTIES LLC
1420103 LACKS PROPERTIES LLC
1510105 GOLDEN SAM
1510102 GOLDEN SAMUEL
1410203 AA PROPERTIES-ROANOKE INC
1321501 LACKS PROPERTIES LLC
5220603 AERIAL WAY ASSOCIATES LLC
1321502 LACKS PROPERTIES LLC
1510301 WALKER MACHINE & FOUNDARY
5220601 L & M PROPERTIES LLC
5220602 ROANOKE WAREHOUSE LLC
5220606 CUSTOM WOOD PRODUCTS LLC
5220609 BRANCH MANAGEMENT CORP
1321101 DEARING RICHARD A
5210712 L&M PROPERTIES
1520101 RELIANCE UNIVERSAL INC
5210710 UNIVERSAL INVESTMENT CO
TAYLOR RALPH K I HARRISON BATES
5210711 L&M PROPERTIES
1322031 CITY OF ROANOKE
1321209 BALDWIN GREGORY BLAKE
1321206 BALDWIN GREGORY BLAKE
1321205 BALDWIN GREGORY BLAKE
1321204 BALDWIN GREGORY BLAKE
5210709 BOGESE STEPHEN B ETALS
1322029 THACKER LEON
1322009 ROGERS EARL H
1321213 BALDWIN GREGORY BLAKE
1321212 BALDWIN GREGORY BLAKE
1321324 BALDWIN GREGORY BLAKE
1520124 WESTSIDE L TO
5210713 BRANCH FAMILY LLC
1322024 CITY OF ROANOKE
1222402 CITY OF ROANOKE
1521001 HARTMAN ALICE E
1521007 HARTMAN ALICE E
5210708 RYDER TRUCK RENTAL INC
Page 1 of 2
1221406 HAUSMAN CONSTANCE TROMPETER
TROMPETER PHILIP
1610101 TRS GRACE CHURCH INDEPENDENT
1222402 CITY OF ROANOKE
1221301 HAUSMAN CONSTANCE TROMPETER
TROMPETER BROTHERS LC
1222403 HAUSMAN CONSTANCE TROMPETER
TROMPETER PHILIP
1230401 RICHARDSON-WAYLAND ELEC CORP
1230301 CITY OF ROANOKE GHENT PARK
1610103 CITY OF ROANOKE VIRGINIA
5210707 CUSTOM WOOD PRODUCTS LLC
1230701 CITY OF ROANOKE
Page 2 of 2
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Roanoke City Council
Statement of Rupert Cutler on Agenda Item 6.a.6.
June 19, 2006
Thank you, vice mayor.
I support adoption of the ordinance at 6.a.6. that authorizes the City to
acquire property located at the Hannah Mobile Home Court Park on the Roanoke
River. This property, when combined with the adjoining property to be acquired
for the flood reduction project. lends itself to becoming one of the premier parks
operated by the City of Roanoke. Its fine overview of the river, and its role as
right of way for the Roanoke River Greenway, make it an essential component of
a future Roanoke RiverPark at least as attractive as San Antonio's RiverWalk.
As I leave Council, I hope the seed I have tried to plant, in the form of the
idea of a Salem-to-Vinton city park along the Roanoke River, will germinate and
become reality. The acquisitions we authorize with these two ordinances will
help make that river park from one end of the city to the other an eventual reality.
Thank you.
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
June 26, 2006
File #20-24-447
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37435-061906 amending and reordaining
§20-129, Disposal of unclaimed inoperable motor vehicles, Article VI, Keepinq of
Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and Traffic, Code of the City
of Roanoke (1979), as amended, effective July 1, 2006.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~m'MO~
Stephanie M. Moon, C~
Deputy City Clerk
SMM:ew
Attachment
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun 06\Jun 19 06 carr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief 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, ChiefJudge,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
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
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood
Services Coordinator
W. Dan Webb, Codes Compliance Coordinator, Neighborhood and Housing
and Neighborhood Service
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun 06\Jun 1906 corr.doc
0t¡S'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37435-061906.
AN ORDINANCE amending and reordaining §20-129, Disposal of unclaimed inoperable
motor vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; providing for an
cffective date; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 20-129, Disposal of unclaimed inonerable motor vehicles, of Chapter 20,
Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
§20-129. Disposal of unclaimed inoperable motor vehicles.
(a) Whenever the city manager causes the removal of any
inoperable vehicle to an impoundment lot, additional notice of such
action shall be given iR aeeonhlllee '.yitli see-tioR 20 127, e-xee¡¡t that
ftEHlOtiee Reed be posted OR the SIl&jeet propeFly through the United
States Postal Service by certified mail, return receipt requested, in
writing as soon as possible, but in no event more than five (5)
business days after the removal of the inoperable vehicle, to the
owner of the subject property and, if different, the owner of record
of the inoperable vehicle that has been taken into custody. The
notice shall:
* * *
2. This ordinance shall be in full force and effect on and after July 1, 2006.
3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATT T:
.
'Mo. Mo~
City"cJe~
K:\Measures\Code Amendment 20-1291nopcrable Motor Vehicle 2006 .doc
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
June 26, 2006
File #20-24-447
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37434-061906 amending and reordaining
§20-127, Notice of Violation, Article VI, Keepina of Inoperable Motor Vehicles,
Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended, effective July 1, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~"M,~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERK\OATAICKEW1\AGENDACORRESPONOENCElagenda correspondence 06\Jun O6IJun 1906 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief 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 Cou rt
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
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
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood
Services Coordinator
W. Dan Webb, Codes Compliance Coordinator, Neighborhood and Housing
and Neighborhood Service
L:\CLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06Uun 19 06 corr.doc
---------
~i],S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37434-061906.
AN ORDINANCE amending and reordaining §20-127, Notice of Violation, of Article
VI, Kceping of Inopcrab1e Motor Vehiclcs, of Chapter 20, Motor V chicles and Traffic, Code of
the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with
thc second reading by title of this ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Section 20-127, Notice of Violation, of Chapter 20, Motor Vehicles and Traffic,
Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
§20-127. Notice of Viol at jon.
***
(4) State that-an)' owaer of slIeh inojleraàle 'lehicle or jlroperty
~lIeh inoperaàle ychicle is loeateà may infOImal1y
ll lJllla1 the e.ity mlllulger's deeision that tile '¡ehiele is in
violation of this article by filiag a aetiee of ll lpelll witll tile eity
manager. Advise that within seven (7) days of the posting of the
notice on the property, the owner may appeal to the city
manager stating in detail the reasons why the proposed actio/I
should not be taken.
* * *
b. Such notice may be mailed by United States Postal Service
mail, postage prepaid, eertified mail, retlfiR reeeipt reElllested,
addressed to the owner as set forth in the records of the
department of real estate valuation for the city. Notice shall be
deemed to have been reeeiyeà given when posted on the
property. reeeiyeà ia persoa or ¡¡jlea receipt of a eertifieà letter.
(3) IH the eyeat that a aetice car.not be àeliyer-ed fer any
rea5ea to tile preperty ov;oor ia tile mar.ner set forth above, tile
cit)' manager shall calise tile aotice to be plll3lished oaee ia a
_pajler of geaem1 eiFclIlatioa in tile eity. Netice shall be
deemeà te hü';e beea reeeiveà tile àay ef sooh jlll6lieatiea.
K:\Measures\Code Amendment 20-127 Inoperabie Motor Vehicle 2006 .doc
I
2. This ordinance shall be in full force and effect on and after July 1, 2006.
3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
~M.~
~ City Clerk.
K:\Measures\Code Amendment 20-127 Inoperable MolO1' Vebrcle 2006 .doc
2
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
June 26, 2006
File #20-24-447
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37436-061906 amending and reordaining
§33-20, Notice of removal of weeds: oreabatement hearinq, Article II, Weed and
Trash Abatement, Chapter 33, Veqetation and Trash, Code of the City of Roanoke
(1979), as amended, effective July 1, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~.v~v'rY,. ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:\CLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda colTespondence 06\Jun 06\Jun 1906 colT.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief 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 HonorableJohn 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
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
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood
Services Coordinator
W. Dan Webb, Codes Compliance Coordinator, Neighborhood and Housing
and Neighborhood Service
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun O6IJun 1906 corr.doc
G·tí£;
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37436-061906.
AN ORDINANCE amending and reordaining §33-20, Notice of removal of wecds;
preabatement hearing, of Article II, Weed and Trash Abatement, of Chapter 33, Vegetation and
Trash, Code of the City of Roanoke (1979), as amended; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Section 33-20, Noticc of removal of weeds, of Chapter 33, Vegetation and Trash,
Code of the City of Roanoke (I 979), as amended, is hereby amended and reordained to read and
. provide as follows:
§33-20. Notice of removal of weeds.
(a) Notwithstanding the cririlÎnal sanctions provided for
elsewhere in this Code, and in addition to them, whenever the
city manager determines that a public nuisance exists with
respect to any parcel, the city manager shall post a notice of
violation Oil the property and either shall serve the owner of the
property with personal service a notice of violation or shall
mail Ilotice by United States pPostal ~Service eertified mail.
postage prepaid, to the owner of the parcel at the owner's
address, as determined from public records., Any written notice
provided ullder this section shall state that that there exists a
public nuisance with respect to the pareel owner's property and
demand the abatement of the nuisance within seven (7) days
following the ßllIÏffitg posting of the notice on the property.
Such notice, when posted on the property and either served in
persoll or 56 addressed and deposited with the postal service
with proper postage prepaid, shall be deemed complete and
sufficient. In the eveRt that suell Retiee is remmed BY the ]'lestal
authorities er if the eVlHer's address is lIIIIæ6wfl, the eity
IHBHager shall eause a e6]'lY ef the Hotiee te Be ]'lo9ted iR a
eORs]'lieuous ]'llaee eR the ]'laree!. The ]'l6stiRg shall Be
aeeoIHf31ished at least seveR (7) days ]'lrier te a6ateæeRt ef the
pUB lie RuisBHee -¡:ith resJ'lð6t to that ]'laree!.
K:\Measures\Code Amendment 33-20 Weeds and Trash 2006 .doc
1
***
(6) Advise that within seven (7) days of the eertifieEl mailiflg
posting of the notice on the property or lostiag, ,."Riehe·/er is
ap llieab1e, the owner may appeal to the city manager stating in
detail the reasons why the proposed action should not be taken.
***
2. This ordinance shall be in full force and effect on and after July 1, 2006.
3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
~
~.~
~~
City Clerk.
K:\Measures\Code Amendment 33-20 Weeds and Trash 2006 .doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nile! C. T"yIM Municipal Building
2]5 Church ^"CI1lLe, S.W,. Room 364
R'''"l1'lk", Virginia 240] ]-]59]
TL'iq,J¡ll11l': (5411) t;53-:2J.1J
F.1\.: (540) S.;."'\-1138
City WI'.': \\'ww.roannkl,\·.1.)~'I\·
June 19, 2006
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: City Code Changes Regarding
Code Enforcement of Weeds, Nuisance
Trash and Inoperable Vehicles
Background:
The City Manager, with the support of City Council, has asked staff to evaluate
how the City abates blight issues. In an effort to better address the blight
issues with the City, the City Manager has established a code enforcement
review team comprised of members from several City departments. The code
enforcement review team has worked together to find more efficient and
effective ways to aggressively address blight issues within the city.
In an effort to streamline the notification process, the code enforcement review
team has worked with the City Attorney's Office to evaluate whether or not a
more efficient method of notifying the owner of a property can be utilized
under state law. Currently the owner is notified by certified mail that they are
in violation of the City's nuisance weed and trash ordinance. If an owner has an
inoperable vehicle located their property, the current practice is to post a notice
on the vehicle and to notify the owner by certified mail. The cost of these
certified mailings is in excess of $1 2,000 per year. The code enforcement
review team has requested that a more streamlined notification process be
created that would eliminate the need to send the notice by certified mail. The
proposed city code changes would standardize the notice process for violations
of the nuisance weed and trash ordinance with the inoperable vehicle
ordinance. The new notice procedure would require that each property upon
which there is a violation be posted with a notice in a conspicuous location, and
for a notice either to be served on the owner in person or mailed to the owner
Mayor Harris and Members of City Council
June 19, 2006
Page 2
via regular mail. The proposed process streamlines the notification process for
staff while preserving an effective method of notification to the owner. After
making such service, staff will prepare an affidavit certifying that the property
has been posted and that the required notice has been mailed to the owner.
The code enforcement review team has held several neighborhood meetings to
receive input from the public on neighborhood concerns related code
enforcement issues. The proposed code amendments are a first step by the
City to address some of the neighborhood concerns voiced at the public
meetings. The City has also worked with the Commonwealth Attorney's Office
to have a prosecutor dedicated to the prosecution of code enforcement
violations. The City is also cross training its employees to improve the City's
enforcement efforts. The code enforcements review team will continue to work
with various City departments, the City Attorney's Office, and our
neighborhoods to find and implement efficiencies in the City's code
enforcement efforts.
Recommended Action:
Adopt the attached three ordinances amending Sections 20-127, Notice of
Violation; 20-129, Disposal of unclaimed inoperable vehicles, and 33-20,
Notice of removal of weeds; preabatement hearing, of the Code of the City of
Roanoke (1979), as amended, to change the method of notifying the owner of
the property on which there is an inoperative vehicle or the owner of a property
with nuisance weeds or trash, with an effective date of July 1, 2006.
Respectfully submitted,
~!
Darlene Bur ham
City Manag r
DLB:dw
C: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager
Brian Townsend, Director of Planning, Building and Economic Development
Patrick N. Shaffner, DRllnterim Director
CM06-00 11 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
June 26, 2006
File #24-54
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37437-061906 amending and reordaining
§6-22, Definitions, and Division 3, Danqerous and Vicious Doqs, Article II, Doas
Generallv, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as
amended, effective July 1, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~:,-~'M.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief 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
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
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
A. L. Gaskins, Chief of Police
Ford P. Weber, Director, Housing and Neighborhood Services
Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood
Services Coordinator
W. Dan Webb, Codes Compliance Coordinator, Neighborhood and Housing
and Neighborhood Service
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06Wun 06Wun 1906 corr.doc
vlvS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37437-061906.
AN ORDINANCE amending and reordaining §6-22, Definitions, and Division 3, .
Dangerous and Vicious Dogs, of Article II, Dogs Generallv. of Chapter 6, Animals and Fowl,
Code of the City of Roanoke (1979), as amended; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 6-22, Definitions, of Chapter 6, Animals and Fowl, Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows:
.
§6-22. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning:
* * * .
Dangerous dog: AfI'j canine or canine crossbreed that has
bitten, attacked, or inflicted injury on a person or companion
animal that is a dog or cat, or killed a companion animal that is
a dog or cat.t hHowever, when a dog attacks or bites &netfler
èeg a companion animal that is a dog or cat, the attacking or
biting dog shall not be deemed dangerous (1) if no serious
physical injury as determined by a licensed veterinarian has
occurred to the other àeg dog or cat as a result of the attack or
bite Elf' (2) ifboth degs animals are owned by the same person",
(3) if such attack occurs on the property of the attacking or
biting dog's owner or custodian, or (4) for other good cause as
determined by the court. No dog shall be found to be a
dangerous dog as a result of biting, attacking or inflicting injury
on ooetfler àeg a dog or cat while engaged with an OMJel" or
custodian as part of lawful hunting or participating in an
organized, lawful dog handling event.
* * *
K:\Measu~s\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
1
Vicious dog: Any canine or canine crossbreed that has (I) killed
a person; (2) inflicted serious injury to a person, including
multiple bites, serious disfigurement, serious impairment of
health, or serious impairment of a bodily function; or (3)
continued to exhibit the behavior that resulted in a previous
finding by a court, or on or before July 1, 2006, by an animal
control officer, renàereà in accordance with this article that the
animal is a dangerous dog, provided that its owner has been
given notice of that finding.
J'ieiBl<S deg. An)' caRiße er CaRine eressbrees whieh has (I)
killes a persoß; (2) ißmctes serielis ißjliry Ie a perseß,
inc1l1sißg mllltiple bites, seHelis àisfigllremeßt, senelis
impaiffileßt ef health, er seHelis impaiffileflt ef a beàily
fUßctiefl; or (3) ceßtifllieà Ie eJ¡hibit the bella'rier which resllIteà
in a prcyiolls Hßàißg, FCflàereà in aceeràaflee with this article
that the Mimal is a àllllgerous sog, proviàeà that its B'A'fler hIlS
beeH giyeH netiee of that fiHàing.
***
2. Division 3, Dan!!erous and Vicious Do!!s, of Article II, Do!!s Generallv. of
Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby
anlended and reordained to read and provide as follows:
§ 6-50. Dangerous do!!(s).
Any animal control officer or law-enforcement officer who has
reason to believe that a canine or canine crossbreed is a
dangerolls dog, as defined in this chapter, shall apply to a
magistrate of the City for the issuance of a summons requiring
the owner or custodian, if known, to appear before the general
district court at a specified time. The summons shall advise the
owner of the nature of the proceeding and the matters at issue.
In the event that a law-enforcement officer successfully makes
an application for the issuance of a summons, that law-
enforcement officer shall contact the local animal control
officer and inform the animal control officer of the location of
the dog and the relevant facts pertaining to the law-
enforcement officer's belief that the dog is dangerous. The
animal control officer shall confine the animal until such time
as evidence shall be heard and a verdict rendered. Iftlu! animal
control officer determines that the owner or custodian can
K:\Measurcs\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
2
confine the animal in a manner that protects the public safety,
he may permit the owner or custodian to confine the animal
lIntil sllch time as evidence shall be heard and a verdict
rendered. The court, through its contempt powers, may compel
the owner, custodian or harborer of the animal to produce the
animal. If, after hearing the evidence, the court finds that the
animal is a dangerous dog, .'\B 118imal eeat-ral efiiecr may
detemÜae, after iayestigatiea, whethcr a àeg is a àll8gerolls
àeg. If tfle-ll8imal eoakol effieer àetermiaes that a àog is a
àangerslIs deg, He may erder the animal's owner te shall
comply with the previsions of this division, and the animal
control officer or the owner if directed by the animal control
officer, shall confine the dog until such time as (a) the owner
complies with the conditions of this chapter or (b) the court
determines that the dog is not a dangerous dog. If tile llHimal's
BWfler àisagrees witH the Bilimal eeatre1 officer's àetermiaatioa
that the dog is a àllHgerolls deg, the ewaer may, withia tea (10)
days sf aotifieatiea, EIflfleal the detemÜaatiea to the gefleral
distriet eOllrt fer a trial oa the mcrits. The procedure for appeal
and trial shall be the same as provided by law for
misdemeanors. Trial by jury shall be as provided in Article 4,
Chapter 15 of Title 19.2 of the Code of Virginia. The City shall
be required to prove its case beyond a reasonable doubt.
§6-50.1. Vicious dogs.
Any animal centrol officer or law-enforcement officer who has
reason to believe that a canine or canine crossbreed is a vicious
dog, as defined in this chapter, shall apply to a magistrate of the
jurisdietioa City for the issuance of a summons requiring the
owner or custodian, if known, to appear before a general district
court at a specified time. The swnmons shall advise the owner
of the nature of the proceeding and the matters at issue. In the
event that a law-enforcement officer successfulZv makes an
application for the issuance of a summons, that law-
enforcement officer shall contact the local animal control
officer and inform the animal control officer of the location of
the dog and the relevant facts pertaining to the law-
enforeement officer's belief that the dog is vicious. The animal
control officer shall confine the animal until such time as
evidence shall be heard and a verdict rendered. If the animal
control officer determines that the owner or custodian can
confine the animal in a manner that protects the public safety,
he may permit the owner or custodian to confine the animal
until such time as evidence shall be heard and a verdict
rendered. The court, through its contempt powers, may compel
K:\Measures\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
3
the owner, custodian or harborer of the animal to produce the
animal. If, after hearing the evidence, the court finds that the
animal is a vicious dog, the court shaH order the animal
euthanized in accordance with the provisions of Code of
Virginia, § 3.1-796.119. The procedure for appeal and trial
shall be the same as provided by law for misdemeanors. Trial
by jUlY shall be as provided in Article 4. Chapter 15 of Title
19.2 of the Code of Virginia. The City shall be required to
prove its case beyond a reasonable doubt.
§6-51. Registration of dangerous dog.
(a) The owner of any animal found to be a dangerous dog
shaH, within ten (10) days of such finding, obtain a dangerous
dog registration certificate from the leea1 sity treasurer for a fee
of fifty doHars (S50.00) in addition to other fees that may be
authorized by law. The 1eeal eity treasurer shaH also provide the
owner with a uniformly designed tag which identifies the
animal as a dangerous dog. The owner shaH affix the tag to the
animal's collar and ensure that the animal wears the collar and
tag at aH times. AH certificates obtained pursuant to this
paragraph shaH be renewed annuaHy for the same fee and in the
same manner as the initial certificate was obtained. The animal
control officer shall provide a copy of the dangerous dog
registration certificate and verification of compliance to the
State Veterinarian.
(b) AH certificates or renewals thereofrequired to be obtained
under this section shaH only be issued to persons eighteen years
of age or older who present satisfactory evidence (i) of the
animal's current rabies vaccination, if applicable, (ii) that the
animal' has been neutered or spayed. (iii) that appropriate
liability insurance has been obtained as required in section 6-
52, and (Hi iv) that the animal is and will be confined in a
proper enclosure or is and will be confined inside the owner's
residence or is and wiH be muzzled and confined in the owner's
fenced-in yard until the proper enclosure is constructed. In
addition, owners who apply for certificates or renewals thereof
under this section shaH not be issued a certificate or renewal
thereof unless they present satisfactory evidence that (i) their
residence is and will continue to be posted with clearly visible
signs warning both minors and adults of the presence of a
dangerous dog on the property, iIßè (ii) the animal has been
permanently identified by means of a tattoo on the inside thigh
or by electronic implantation7. and (iii) the owner has met the
requirements of Section 6-52(d).
K:\Measures\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
4
(c) All ccrtificates or renewals thereof required to be obtained
under this section shall only be issued to persons eighteen years
of age or older who present satisfactory evidence that the
animal has been neutered or spayed.
§6-52. Kecoing of dangerous dogs; conditions.
(a) While on the property of its owner, an animal found to be
a dangerous dog shall be confined indoors or in a securely
enclosed and locked structure of sufficient height and design to
prevent its escape or direct contact with or entry by minors,
adults, or other animals. The structure shall be designed to
provide the animal with shelter from the elements of nature.
When off its owner's property, an animal found to· be a
dangerous dog shall be kept on a leash and muzzled in such a
manner as not to cause injury to the animal or interfere with the
animal's vision or respiration, but so as to prevent it from biting
a person or another animal.
(b) If the owner of an animal found to be a dangerous dog is a
minor, the custodial parent or legal guardian shall be
rcsponsib1e for complying with all requirements of this
division.
(c) After an animal has been fomid to be a dangerous dog, the
animal's owner shall immediately, upon learning of same,
notify the local animal control authority if the animal (i) is
loose or unconfined; (ii) bites a person or attacks another
animal; (iii) is sold, given away, or dies; or (iv) has been moved
to a different address.
(d) The owner of any dangerous dog shall procure and
maintain liability insurance in the amount of not less than one
hundred thousand dollars ($100,000.00) that covers animal
bites insuring the owner for any injury or damage caused by
such a dog. The owner shall maintain a valid policy and
certificate of insurance issued by the insurance carrier or agent
as to the coverage required by the subsection at the premises
where the dog is kept and shall, upon request, display such
policy and certificate to any animal control officer or police
officer. The owner may obtain ai¡d maintain a bond in surety,
in lieu of liability insurance, to the value of at least $/00,000.
K:\Measures\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
5
(e) The 011'1ler of a dangerous dog who relocates to a new
address shall, within ten (10) days of relocating, provide
written notice to the appropriate local animal control authority
for the old address from which the animal has moved and the
new address to which the animal has been moved.
(f) The owner of a dangerous dog must register the animal
with the Commonwealth of Virginia Dangerous Dog Registry
within 45 days of such finding by a court of competent
jurisdiction.
§6-53. Violations and Denalties.
(a) If a canine or canine crossbreed previously found to be a
dangerous dog pursuant to this chapter or the State
Comprehensive Animal Laws attacks alld injures or kills a cat
or dog that is a companion animal belonging to another person,
and that attack is a separate and distinct incident from the
incident that led to the finding, then the owner or custodian of
the dangerous dog is guilty of a Class 2 misdemeanor.
(b) If a canine or canine crossbreed previously found to be a
dangerous dog pursuant to this chapter or the State
Comprehensive Animal Laws bites a human being or attacks a
human being causing bodily injury, and that bite or attack is a
separate and distinct incident from the incident that led to the
finding. then the owner or custodian of the dangerous dog is
guilty of a Class 1 misdemeanor.
(c) If the owner of any canine or canine crossbreed previously
found to be a dangerous dog pursuant to this chapter or the
State Comprehensive Animal Laws willfully fails to comply
with the requirements imposed as a result of the finding that the
animal is a dangerous dog, then that owner is guilty of a Class I
misdemeanor. The a'lIner of llflY animal which haG been fetæd
to be a dangeralls dog whe willflllly fails to eOffi lly with the
reEjlliremeHtG of this division shall be guilty of a C1aGs I
misdemeanor. All fees collected pursuant to the dangerous and
vicious dog provisions herein, less the costs incurred by the
animal control authority in producing and distributing the
certificates and tags required by the ordinanee this division,
shall be paid into a special dedicated fund for the purpose of
paying the expenses of any training coUrse required under Code
of Virginia, § 3.1-796.104.1.
§6-54. ExceDtions.
K:\Measures\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
6
(a) No canine or canine crossbreed shall be found to be a
dangerous dog or vicious dog solely because it is a particular
breed.
(b) No animal shall be found to be a dangerous dog or vicious
dog if the threat, injury or damage was sustained by a person
who was (i) committing, at the time, a crime upon the premises
occupicd by the animal's owner or custodian, (ii) committing, at
the time, a willful trespass er ether tert upon the premises
occupied by the animal's owner or custodian or (iii) provoking,
tormenting, or physically abusing the animal, or can be shown
to have repeatcd1y provoked, tormented, abused, or assaulted
. the animal at other times.
(c) No animal whiek, that at the time of the acts complained
of, was responding to pain or injury, or was protecting itself, its
. kennel, its offspring, er its eWfler a person, or its owner's or
custodian's property, shall be found to be a dangerous dog or a
vicious dog.
(d) No police dog which was engaged in the performance of
its duties as such at the time of the acts complained of shall be
found to be a dangerous dog or a vicious dog.
3. This ordinance shall be in full force and effect on and after July 1,2006.
4. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
~m.~
~ City Clerk.
K:\Measures\Code Amendment Chapter 6 Animals and Fowl Vicious Dogs 2006.doc
7
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
1'\\101 C. TaY!.lf Municipal Building
21:=; Church í\\'l.'nUf', S.\V., Room ~h4
Roanoke, Virginia 24011-1591
II.'lvl'h\.lllt·: 1:;.. .ll),..;.:;\-~.n....
t,l\" (:;-1-111 "':;.1_11.'~
CiL\" \\'~'Þ: \\"\\"\\'.rll,lnllkL·\·.l.~ll\
June 19, 2006
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: City Code Amendments Regarding
Dangerous and Vicious Dogs
Background:
During its last session, the General Assembly amended the state code enabling
provisions governing the enforcement of laws related to dangerous and vicious
dogs. Among other things, state law now requires that the court determine that a
dog is either dangerous or vicious. Previously, the state law allowed for local
governments to adopt their own dangerous and vicious dog ordinances,
paralleling state law. The present City ordinance permits allowed for the City's
animal control officers to determine whether a dog is dangerous or vicious. If the
dog's owner disagrees with the animal control officer's determination, the owner
can appeal such determination to the General District Court. Under the new state
law the animal control officer or a law enforcement office must file an application
with the magistrate to have the owner summoned before the General District
Court for a hearing to determine whether a dog is dangerous or vicious. The City
must prove its case that the dog is dangerous or vicious beyond a reasonable
doubt. The proposed changes in the attached ordinance are required in order that
our City Code comply with the new the revised state enabling legislation. Other
required changes pertain to the definitions of "dangerous" and "vicious" dogs, new
requirements that such dogs be reported to a new state registry of such dogs, and
other procedural changes.
Mayor Harris and Members of City Council
June 19. 2006
Page 2
Recommended Action:
Amend and reordain, §6-22, Definitions, and Division 3, Danqerous and Vicious
Doqs, of Article II, Dogs Generally, Chapter 6, Animals and Fowl, Code of the City
of Roanoke (1979), effective July 1, 2006.
Respectfully s
~I/
Darlene L. B~rcham
City Managér
DLB:trs
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager
Brian Townsend, Director of Planning, Building and Economic Development
A. L. Gaskins, Chief of Police
Patrick N. Shaffner, DRllnterim Director
CM06-00119
(':\J),'l.:IIIlWllb :Lnd Sl"lIinr,\Cfl.1S:\I].1 Klllì~l~ DlI~·lll11l"nt..;\l \11llh.:il\2fllll' Ih:p(lrt~ì] ] l .dlll'
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
June 26, 2006
File #5-60
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37438-061906 appropriating funds for
the State Asset Sharing Program and Federal Forfeited Property Grant, and
amending and reordaining certain sections of the 2005-2006 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,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~"':~Y¥\. ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
L:ICLERK\DATAICKEW1\AÜENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
~~'")
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37438-061906.
AN ORDINANCE appropriating funding for the State Asset Sharing Program
and Federal Forfeited Property Grant, amending and reordaining certain sections of the
2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Investigations and Rewards
Revenues
State Asset Forfeiture-Interest
State Asset Forfeiture
Federal Forfeiture Program
Federal Forfeiture Program-Interest
035-640-3302-1003
035-640-3302-1120
035-640-3304-2150
$ 20,434
1,563
116,774
1,189
20,808
92,431
24,343
035-640-3302-3299
035-640-3302-3300
035-640-3304-3305
035-640-3304-3306
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
G:
i" --I'n. ~~
~ CityClerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
'Il'll'pholll..'. . (5·1(}) 55.1 2333
Fen:: (='''¡'O) ¡;5J-] I t~
C il," \\\'b: \\"Ww.r\I'1110k\'\"a.gI1\
June 19, 2006
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 McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: State Asset Sharing and Federal
Forfeited Property Sharing
Background:
In 1991, the Virginia General Assembly passed State legislation allowing local
law enforcement to seize and have forfeited property connected with illegal
narcotics distribution. The law also makes it possible for police departments to
receive proceeds from these forfeited properties. Application for an equitable
share of the property seized by local law enforcement must be made to the
Department of Criminal Justice Services, Forfeited Asset Sharing Program and
certified by the Chief of Police. Property, including funds shared with State and
local agencies, may be used only for law enforcement purposes. Program
requirements mandate that these funds be placed in an interest bearing
account and the interest earned be used in accordance with program
guidelines. Revenue totaling $21,997 has been collected and is available for
appropriation in the State Asset Forfeiture (Account Number 035-640-3302-
3299 and 035-640-3302-3300).
Drug and other undercover investigations extend past the normal work
day/period, thus requiring overtime, These state funds will be used to cover
overages in overtime expenses for drug and other undercover activities.
In 1986, Congress authorized the transfer of certain federally forfeited property
to state and local law enforcement agencies that participated in the
investigation and seizure of the property. Application for an equitable share of
Mayor Harris and Members of City Council
June 19, 2006
Pag e 2
property seized by local law enforcement must be made to the U.S. Department
of Justice and certified by the U.S. Attorney. This property, including funds
shared with state and local agencies, may be used only for the purpose stated
in the application, i.e., narcotics investigations related to law enforcement.
Participation in federally forfeited property enhances the effectiveness of
narcotics investigations by providing necessary investigations equipment,
investigative funds, and it offsets the costs that would otherwise have to be
borne by the city's taxpayers.
The Police Department receives funds periodically from the federal
government's asset sharing program. Grant requirements mandate that these
funds be placed in an interest bearing account and the interest earned be used
in accordance with program guidelines. Revenue totaling $116,774 has been
collected and is available for appropriation in Federal Asset Forfeiture (Account
Number 035-640-3304-3305 and 035-640-3304-3306).
Recommended Action:
Adopt the accompanying budget ordinance to increase Grant Fund revenue
estimates and to appropriate funding for the State Asset Sharing and Federal
Forfeited Property Sharing grants as follows:
Revenues:
State Asset Forfeiture - Interest
State Asset Forfeiture
Federal Forfeiture
Federal Forfeiture - Interest
035-640-3302-3299
035-640-3302-3300
035-640- 3304-3305
035-640-3304-3306
$1,189
20,808
92,431
24,343
Appropriations:
Overtime Wages
FICA
Investigations and Rewards
035-640-3302-1003
035-640-3302-1120
035-640-3304-2150
$20,434
1,563
116,774
Respectfully submitted,
Darlene L. B rcham
City Manage~
Mayor Harris and Members of City Council
June 19, 2006
Page 3
DLB:ALG:mds
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, ACM for Community Development
A. L. Gaskins, Chief of Police
CM06-00118
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
June 26, 2006
File #60-178-226-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37439-061906 appropriating
additional funds for the Total Action Against Poverty Emergency Home Repair
Program, and amending and reordaìning certain sections of the 2005-2006 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,June 19, 2006, and is in full force and
effect upon its passage.
Sincerely,
~~~ÌY\.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
L:ICLERKlDATAICKEWI\AGENDA CORRESPONDENCElagenda correspondence 06Wun 06Wun 19 06 corr.doc
\.~~
\:,,'1<
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37439-061906.
AN ORDINANCE to appropriate additional funding for the TAP Emergency
Home Repair Program, amending and reordaining certain sections of the 2005-2006
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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
World Changers
TAP Emergency Home Repair FY03
BRHDC Connect Four
TAP Emergency Home Repair FY04
TAP Emergency Home Repair FY05
Gainsboro/Gilmer Façade Grants
035-G03-0320-5468
035-G03-0320-5470
035-G04-0420-5354
035-G04-0420-5470
035-G05-0520-5470
035-G05-0530-5439
$ (2,688)
2,688
(18,159)
18,159
3,153
(3.153)
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 Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
June 26, 2006
File #60-178-226-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37440-061906 authorizing the City Manager
to execute Amendment No. 1 to the 2005-2006 CDBG Subgrant Agreement with
Total Action Against Poverty to increase funds by $24,000.00, and to .extend the
Subgrant Agreement through July 31, 2006, upon certain terms and conditions, as
more fully set forth in a letter from the City Manager addressed to the Council
under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~~
Deputy City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Ford P. Weber, Director, Housing and Neighborhood Service 5
Frank E. Baratta, Budget Team Leader
L:ICLERKlDA TAICKEW1\AGENDA CORRESPONDENCE'agenda correspondence O6IJun 06\Jun 1906 corr.doc
f~u\0
~~~\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37440-061906.
A RESOLUTION authorizing the City Manager to execute Amendment No. I to the
2005-2006 CDBG Subgrant Agrcement with Total Action Against Poverty and to extend the
Subgrant Agreemcnt through July 3 1,2006, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City Manager and the City Clerk are hereby authorized on behalf of the
City to execute and attest, respectively, Amendment No. ] to the 2005-2006 CDBG Subgrant
Agreemcnt with Total Action Against Poverty ("TAP"), similar in form to Amendment No. I
attached to the City Manager's letter dated July 19,2006, to City Council, to increase funding
by $24,000.00 and to extend TAP's Subgrant Agreement through July 31,2006, upon such
terms and conditions as are more particularly set forth in the City Manager's letter dated July
] 9,2006, to City Council.
2. The form of such Amendment No.1, and any necessary amendments thereto,
shall be approved by the City Attorney.
ATTEST:
~o...:. ~"'^^ .~~~ ...
_ _ "" Y , v -
~tf City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
:\oel C. Taylor 'v1unicip,,1 Building
215 Church A\'l~l111e. S.\V., Room 36*
Roanoke, Virginia 24011-1591
T('IL'~~IHlIll': . (5-10) S5J-2~JJ
F<lX: (:').. .()") r;!i3-11.l,~
("it," \\"d,: \\"\\·\\·.n)an\Il.;l'\'~.~tl\'
. June 19, 20"06
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. Wish neff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Amendment of Agreement with
Total Action Against Poverty
(TAP)
Background:
Since 1965, Total Action Against Poverty (TAP) has developed and executed
programs that promote adequate housing, employment, health and nutrition, and
education for the citizens of Roanoke and surrounding areas. For the past three
years, TAP's Emergency Home Repair (EHR) program, formerly the Helping Elderly
Live Pleasantly (HELP) program, has performed emergency home repairs for
approximately 84 needy citizens of Roanoke. A total of $100,000 in Community
Development Block Grant Funds (CDBG) has been provided to TAP to conduct such
activities during the 2005/2006 period.
In July of last year, the City approached TAP to assist a family in need of
extraordinary emergency repairs to their home. The total cost of the repairs was
approximately $27,000, which was significantly above TAP's normal average repair
costs of $3,500 per home. Given the considerable amount of funds provided to
that project, the program will not be able to assist as many residents as planned.
Considerations:
In order for TAP to serve the intended number of homeowners under its current
CDBG agreement, City Council's authorization is needed to execute an amendment
to add $24,000 to the agreement. The CDBG funds needed for the amendment
will be transferred from unprogrammed funds. In addition, a 31-day extension to
the agreement is needed to complete the work on the homes.
The Honorable Mayor and Members of Council
June 19, 2006
Page 2
Recommended Actions:
1. Authorize the City Manager to execute an amendment to the 2005-2006
CDBG subgrant Agreement with Total Action Against, similar in form and
content to the draft attached to this report, and approved as to form by the
City Attorney, to increase funding by $24,000 and extend TAP's agreement
through July 31, 2006.
2. Adopt the accompanying budget ordinance to transfer $24,000 in CDBG
funding as follows:
a. Transfer $2,688.00 from account 035-G03-0320-5468 (World
Changers 2005) to account 035-G03-0320-5470 (TAP-Emergency
Home Repair).
b. Transfer $18,159.00 from account 03 5-G04-0420-5 3 54 (BRHDC
Connect Four) to account 035-G04-0420-5470 (TAP-Emergency
Home Repair).
c. Transfer $3,153.00 from account 035-G05-0530-5439
(Gainsboro/Gilmer Façade Grants) to 035-G05-0520-5470 (TAP-
Emergency Home Repair).
Respectfully submitted,
Darlene L. Bur
City Manager
DLB/slp
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Ford P. Weber, Director of Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
CM06-00106
AMENDMENT NO.1
This Amendment No.1 made and entered into this 30'" day of June, 2006, by and
between the following parties:
The Grantee
City of Roanoke; Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Total Action Against Poverty
in the Roanoke Valley, Inc.
145 W. Campbell Ave., S.W.
Roanoke, Virginia 24011
WITNESSETH
WHEREAS, by Resolution No. 37139-080105, Roanoke City Council approved
the execution of a subgrant agreement between the Grantee and the
Subgrantee C'Agreement"); and
WHEREAS, by Resolution No. _____-063006, Roanoke City Council approved the
execution of this Amendment No.1 to the Agreement, extending the time of
performance and increasing the funding; and
NOW, THEREFORE, the Grantee and the Subgrantee do mutually agree to this
Amendment NO.1 to the Agreement to effect the following changes:
1. Section 2, "PERIOD OF PERFORMANCE," shall be revised to extend the
agreement by 31 days and shall read:
* * * * ..
2. PERIOD OF PERFORMANCE --This Agreement shall be effective as of
July 1, 2005, and, unless amended, shall end July 31, 2006.
2. Section 3, "BUDGET," subpart a., "General," shall be revised to add $24,000
and shall read:
* * * .. *
3.a. General -- Unless amended, the total amount of CDBG funds provided
by the Grantee under this Agreement shall not exceed One Hundred
Twenty-Four Thousand and 00/100 dollars $124,000, of which: (a) not
less than $94,489.00 shall be used for housing repair costs; (b) not
more than $24,230.00 may be used by the Subgrantee for program
delivery; and (c) not more than $5,281.00 for indirect (administrative)
Pag~ I or 3 Pagt's
costs. The indirect costs are based on a plan approved by the
Subgrantee's cognizant federal agency (the U.S. Department of Health
and Human Services) and accepted by the Grantee for the purposes of
this Agreement. At the sole discretion of the Grantee, any funds
remaining unexpended as of the end date of this Agreement may be
deobligated from the Agreement and made available for other CDBG
projects of the Grantee, as appropriate.
* * * * *
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:
FOR THE GRANTEE:
By _________________________________
Mary F. Parker, City Clerk
By ____________________________________
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By _________________________________
Katherin Anderson Elam, Secretary
By ____________________________________
Theodore J. Edlich, III, President
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
By _________________________________
Housing & Neighborhood Services
By ____________________________________
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
Pagl' 2 of ~ Pages
By _________________________________
Assistant City Attorney
By ____________________________________
Director of Finance
Date ___________________________________
035-G06-0620-5470 $94,489.00 (Project)
03 5-G06-0620-5483 $24,230.00 (Support)
Account# 035-G06-0620-5484 $5.281.00 (Admin)
Page ~ nf :ì Pages
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
June 26, 2006
File #60-72-326
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37441-061906 appropriating
$14,800.00 for the Fifth District Disability Services Board Grant, and amending and
reordaining certain sections of the 2005 -2006 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,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~o-~.~M.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
L:ICLERKlDATAICKEW 1 \AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
~')
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37441-061906.
AN ORDINANCE to appropriate funding for the Fifth District Disability
Services Board Grant, amending and reordaining certain sections of the 2005-2006
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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Fees for Professional Services 035-630-5162-2010
Revenues
Fifth District Disability Services Board FY07 035-630-5162-5162
$ 14,800
14,800
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 Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
June 26, 2006
File #60-72-326
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37442-061906 authorizing the City Manager
to enter into· a contract with the Fifth Planning District Commission Disability
Services Board staff to provide continuing local administrative staff support, upon
certain terms and conditions, as more fully set forth in a letter from the City
Manager addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~Ì\\.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
,.
" 'I'
i/¡L
F'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37442-061906.
A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth
Planning District Commission Disability Services Board ("DSB") staffto provide continuing
local administrative staff support, upon certain terms and conditions.
WHEREAS, the DSB is responsible to local governments and serves as a critical
resource for needs assessment, information sharing and service opportunities for citizens with
disabilities, their families and the community; and
WHEREAS, funds in the amount of$14,800 to continue local staffsupport in support
of the DSB administration for a one (1) year period have been allocated to the DSB by the
State Department of Rehabilitative Services.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, a contract with existing DSB staff to provide
continuing local administrative staff support for the Fifth District Disability Services Board,
as recommended in thc City Manager's letter to this Council dated June 19,2006.
2. The form of the contract, and any necessary amendments, shall be in form
approved by the City Attorney.
ATTEST:
'M.~ -
ity Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
~l)f,:~l C. Taykll" Municipal Building
215 Church A\'enue, S.\'V., RlHHll 36-1-
Rlhll1oke, Virginia 24-011-139"1
TI'h'phollL': (~..¡(!) S::;.1-2.1.'.>
Ll" r:=i4ll¡ .....,:; ] I t;:
Cil~' \\,d..,: \nn\·.r\hllh)k~·\·,!.g¡l\·
June 19, 2006
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: Appropriation of Regional
Disability Services Board Grant Funding -
Staff Support and Contract for Services
The Fifth Planning District Commission Disability Services Board (DSB) is
responsible to local governments and serves as a critical resource for needs
assessment, information sharing and service opportunities for citizens with
disabilities, their families and the community. The following jurisdictions in the
Fifth Planning District have enacted resolutions establishing their participation
in a regional effort and have appointed a local official to serve: the cities of
Roanoke, Salem, and Covington: the counties of Roanoke, Craig, Botetourt, and
Alleghany and the Towns of Clifton Forge and Vinton. Other members of the
DSB include representatives from business and consumers. The City of
Roanoke serves as fiscal agent for the Fifth Planning District Disabilities
Services Board.
The State Department of Rehabilitative Services has allocated funds in the
amount of $14,800 for a one-year period to continue local staff support of the
administration of the Fifth District DSB. See Attachment "A"
Recommended actions
Authorize the City Manager or her designee to enter into a contract
substantially in the form attached to this report, with existing DSB staff support
to continue providing local administrative support.
Mayor Harris and Members of City Council
June 19, 2006
pag e 2
Appropriate $14,800 to an account to be established by the Director of Finance
in the Grant Fund and establish a revenue in the corresponding amount.
Darlene L. Burc
City Manager
DLB:ct
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Jane Conlin, Director, Human/Social Services
CM06-00098
Agreement for Services
This agreement is made this 151 day of June 2006. by and between the CITY OF
ROANOKE, hereinafter referred to as "City" and ROSL YN KINGERY hereinafter referred
to as "Staff".
The parties hereto agree as follows:
1. SCOPE OF SERVICES - The Staff will provide the City and its designee (Fifth
District Disability Services Board) with staff support as follows:
a. Attend all DSB meetings (minimum of one meeting per quarter) and related
activities
b. Prepare, disseminate and maintain agendas, minutes and other
correspondence
c. Maintain and monitor the administrative budget
d. Maintain official records for the DSBs
e. Administer and monitor the RSIF grants and ensure that the impact reports
are completed and sent within time frame specified
f. Arrange sign language interpreters, CAN and/or CART services, and all other
necessary accommodations, for DSB meetings and hearings.
g. Ensure DSB compliance with the Code of Virginia and DSB Establishment
Guidelines
h. Provide ADA and disability information to DSB members, local elected
officials and the publiC within the localities served by the local DSB
i. Support DSB efforts to exchange information with other local boards
regarding services and best practices in the delivery of services to persons
with physical and sensory disabilities
j. Other duties as directed by the local disability services board.
2. TIME OF PERFORMANCE - the term of this agreement shall be for a one-year
period beginning June 1,2006 and concluding May 31, 2007.
3. FEES AND PROPOSED PAYMENT SCHEDULE - the total compensation to Staff
shall be S14,800 per 12-month period. Payment to the Staff shall be made monthly
upon receipt of payroll documentation.
4. TERMINATION - either the City or the consultant upon written notification thirty (30)
days prior to termination may terminate this agreement.
5. REPORTING - The Staff will meet with the City's designee a minimum of twice a
month and provide regular updates on the progress of the Boards work.
6. INDEMNIFICATION - the Staff agrees to indemnify and hold harmless the City, its
officers, agents and employees, from any and all claims, legal actions and
judgments advanced against the City and for expenses the City may incur in this
regard, arising out of the Staff's negligent acts or omissions with respect to the
rights and privileges granted by the City to the Staff in this Agreement.
7. GOVERNING LAW - the Commonwealth of Virginia shall govern this Agreement.
8. OWNERSHIP - All reports, paper, etc., developed and/or generated as a result of
this proposals process are the property of the city of Roanoke. No duplication or
dissemination of this material can be done without the expressed written permission
of the Director of Human Services, or other authorized City official.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year here in above written:
CITY OF ROANOKE
By:
".--
Sharon Gentry, Purchasing Manager
Department of Purchasing
INDEPENDENT CONTRACTOR
By:___
Roslyn J. Kingery
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
June 26, 2006
File #293-336
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37443-061906 authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing
tourism in the Roanoke Valley, upon certain terms and conditions, as more fully set
forth in a letter from the City Manager addressed to the Council under date of
June 19, 2006.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors
Bureau, 101 Shenandoah Avenue, N. E., Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning, Building and Economic Development
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun 06\Jun 1906 corr.doc
?,{,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI~IA,
The 19th day of June, 2006.
No. 37443-061906.
A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and
Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City Manager and the City Clerk are hereby authorized to execute and to attest,
respectively, an agreement, which includes a mutual indemnity provision, with the Roanoke Valley
Convention and Visitors Bureau for a term of one year, from July I, 2006, through June 30, 2007,
unless sooner terminated in accordance with the provisions of the agreement, for the purpose of
increasing tourism and marketing the Roanoke Valley as a regional destination for convention,
conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this
Council dated June 19,2006.
2. The contract amount authorized by this resolution shall not exceed $817,440 without
further Council authorization, except for the adjustment whieh the Director of Finance is authorized
to make in accordance with the agreement.
3. Such agreement shall be in such form as is approved by the City Attorney, and shall
be substantially similar to the one attached to the above mentioned letter.
ATTEST:
~M.~M..;
~~ City Clerk.
K:\MeasureslJvconcandcisitorcc:nter20062007.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
]\",,] C. Toylor Municipal Building
21~ Church A\'enue, S.\N.. ROlllll 36..t.
Roonoke. Virginia 2~O]]-1~91
TI'I~TIl\1nv: (S·Ul) .,53 ~3:;3
F.\\: (5-l()) "i:'.1-1 1.1.'"
Ci!\" \\\,\': w\\"\\ .nl,ln~l"l·\·;).~ll\·
June 19, 2006
The Honorable C. Nelson Harris, Mayor
The Honorable Beverly T. Fitzpatrick, Vice-Mayor
The Honorable Rupert Cutler, Council Member
The Honorable Alfred Dowe, Council Member
The Honorable Brenda L. McDaniel. Council Member
The Honorable Sherman P. Lea, Council Member
The Honorable Brian J. Wishneff. Council Member
Dear Mayor Harris and Members of City Council:
Subject: FY 2006-2007 Roanoke Valley
Convention and Visitors Bureau Agreement
The City of Roanoke annually has entered into an Agreement with the Roanoke Valley
Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke
Valley as a convention and destination tourism site. As part of the annual budget
adopted by City Council on May 11, 2006, the Memberships and Affiliations budget
includes funding of $511,440 specifically designated for the RVCVB. An additional
$306,000 is designated in the annual budget for marketing efforts and will go to the
RVCVB, subject to an adjustment provision as set forth in the agreement mentioned
below.
The City has negotiated a one-year agreement commencing July 1, 2006 (attached)
with the RVCVB detailing the use of these funds. The agreement provides for the same
number of City of Roanoke representatives on the RVCVB Board of Directors as last
year. The agreement also contains a mutual indemnity clause, paragraph 9, which
requires approval of Council. The RVCVB submitted a detailed report listing the
accomplishments made through April 2006, and an annual budget and work plan for
2006-2007 will be submitted to the City Manager for review and approval, upon
approval of the RVCVB Board of Directors.
Recommendation:
Authorize the City Manager to execute an Agreement in the amount of $817,440 with
the RVCVB, in a form approved by the City Attorney, substantially similar to the one
Mayor Harris and Members of Council
June 19, 2006
Page 2
attached hereto for the express purpose of marketing the Roanoke Valley as a regional
destination for convention and destination tourism.
Respectfully submitted,
DLB:gr
Attachment
c: Jesse A. Hall. Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Brian Townsend, Director of Planning Building and Economic Development
David Kjolhede, Executive Director, RVCVB
CM06-00107
AGREEMENT
TlIIS AGREEMENT. dated July I. 20U6. is hy and hetween the ROANOKE V ALLE'{
CONVENTION AND VISITORS BUREAU. a l'orporation organized under the laws of the
Commonwealth of Virginia (hereinai"ler "RVCVB") and the CIT'{ OF ROAr\OKE. a nlunieipal
cllrporation of the COIllIlloll\walth of Virginia (heri.'inafter ·'City").
WHEREJ\S. the RVCVB IS a "REGIONAL DESTINATION MARKETING
ORGANIZA nON" whosl' mission is to market the entire Rllanoke Valley as an exciting deslinalion
I"l,r Convention and Leisure Iravel:
WHEREAS. the Citv is the largöt contrihutor and with its conl'cntration of hOlels.
conferl'nl'C l'Cnters. convention faeilities. shopping. dining and allractions. realizcs cnhancemcnl ()f
its tax revenues as a result of the RVCVB markeling efforts:
WHEREAS. the Cily desires to render aid and provide SUPIXlrlto the R VCVB to assist in the
promotion of thi.' Roanoke' Valley as a destination or meeting site for Visitors. including tourists.
conventions and meeting groups. special event visitors and cOIlllllel"l'ial travelers:
WHEREAS. Ihe City desires ll> appropriate S8 I 7,440 (sllhject to an adjustIllent as set forth
herinalkr in Paragraph 4) 10 the RVCVß for thc exprl'ss purpose of increasing tourism activities:
WHEREAS. the City desires to formalize ils relationship with RVCVB in an enilrt to
increasl' the revenue enhanl'Cment derived from lourisIll aClivity: and
WHEREAS, till' City desires to assure that ils approprialil.ll1 of funds bc used fllr these
purposes.
THEREFORE. in considcration of the IIlulual promises hereinaftcr sel forth. the parties do
herehy agree as follows:
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I. T el1l1. The term of this Agreelllc'nt shall be for a ollL'-year period. from ./uly 1. 2(l1l6.
through ./ une 31l. 20m.
2, Se!"\'iœs. funds made a\ailable to RVCVB by the City will Ix applied 10 provide
additional si.'rviL'l's resulting dirl'l'tly pr indil"i.'l'tly in income produl'ing acti\'itil's. induding hut nl>t
limited 10:
(a) Direl'l sail's programs.
(h) Sales promotions.
(c) Servil'ing l'pnventions.
(d) Marketing/communications.
(e) Identify pwduet nel'd (new and improved faeility and allractions).
1.0 Coordination with other City and Civil' agencies and businesses involved in the
growth of thl' Roanoke Valley.
(g) Stall and run a Visitors' Cenler.
(h) Promote and sell the Roanoke Valley as a cOIl\'ention and tourist dl'slination.
3. Work I'ro~ram/Budgel. No latl'!" than Jnly 31. 2006. the RVCVB shall suhmitto the
City Manager for approval a work program. marketing plan and hudget setting forth in re,NlIlahle
detail the activities planned for thl' year and the anticipated l'xpenditures olTity funds involved. The
marketing plan shall be in sufficient detail as to determine the strategy RVCVB will he pursuing in
promoting and selling lhl' Roanoke Valley as a destination for gwup meetings. i,e. conferenl'es and
COn\TlIlions as well as tourists. Such items shall detail how the funds will be expended on specific
marketing initiatives. The City Manager shall approve or otherwise respond to the I'wposed work
programs. marketing plan and budget nl> later than August 24. 2006 in order that any neœssary
modifil'ations be se!lled upon on or hefore August 31. 2006. Monthly reports llutlining pwgress on
l'onvention sales. tourism acti\'itil', and groups blloked. bus tour activity. hookings and other
ini"L>rlllation as dl'l'med to he necessary hy the City shall he snbmitled by the RVCVB to the City's
Direetor Llf Planning Building and Economie Dl'\'elopmcnl. The lack of any wrillen response hy ¡he
City's Director of Planning Building and Eeonomil' Devdopment requesting redircction of dlorts
within ten ( 10) days ofreecipt of eadlmonthly repmt will denote satisfaction with RVCVB efforts.
-2-
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4. Fundin~.
A. Thl' Cily agrees to pro\"ille funding to RVCVB in the amount of Eight Hundred
Se\"entccn Thousand Four Hundrcd Forty Dollars (S~ 17.440). subjeclto an adjustment as set forth in
4( B) below. The lotal amount shall be paid quarterly in equal paymellls of5204.3hO onm bcl"orc Ihc
last day orJuly 2006. Scptembl'r 2U06. DCl"l'mbcr 2( 06. and March 2007.
ß. Within thirty (30) days after the end of the fiscal year. Junc 30. 2007. the DireL"lor of
Finanl"l' will make an adjustment to the amount of funding under this Conlradto the RVCVB. Such
adjustnlcnt will bc cithcr an increase or decreasc to the amount set forth in 4(A) abovl'. The inerease
or decrease in funds provided tllthe R VCVB will be l'lJmputed as follows: an amounl equal to onc
seventh of Ihl' lìscal year 2()07 transicnt occupancy tax rcvenue less S55.000. less the amount alre'ady
paid 10 Ihc RVCVB of 5306.()()O (which is pari of thc total amount set forth ahOve') I"or fiscal year
2007. Il"there is an increase in such rcvcnucs. thc amount of sudl increase \-vill he paid by the City to
tbe RVCVB nlthe dosc ol"the fiscal year to the extent of any shorŒlIJ in its operating hudgetunde'r
this Contract. but only up the amuunt of such shortfall. Otherwise. any such funds will not he paid to
RVCVß. Furthermorc. if Ihcre is a decrease in the amounl lll" t"C\"Cnues mentioucd abl.lve. the
amount of such decrease will bc rcquested in the form of a repayment from the RVCVB 10 thc City
at the' dose of the fiscal ycar. The R VCV B will pay the City Ihe amount of such dccrease within
thirty (30) days aftcr rCl'l'iving wrillcn noticc from the City to do so.
5. Subcontractin~. It is understood that R VCVß may fromtimc to time contraet with
finns and individuals for thc acquisition l.lf goods m servil'l's in the furtherancc of the activities
contemplatcd by this Agrccmcnt. R VCVB shall not cnter into any contract relaling 10 aeti\"ities
conlempJate'd by this Agrecmcnt or in\"()!v"ing thc expelllliturc of funds provided to RVCVB by the
Citv undcr this A~reemcnt. whcre the .nnounl 01" such contract is 55.00( or more. without wrillcn
J ~ . ..
-3-
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aUlhori/.ation of the Cily Managcr unless the nalurL' of the goods or scrvicL's 10 he acquired werc
disdosed in the work program or annual plan and hudgct submilled for the year.
6. Books and RCL"llrds. Audils. RVCVB shall keep aCêUrate hooks and records. Blllh
monlhly P&L and Income Slalemenls as well as an audiled financial stall'ml'nl shall he made
available III Ihe Cily upon request. Addilillnally. RVCVB shallmakc sUl'h books and records
available to the Municipal Auditor uf Ihe Cily llr lllher independenl audilllr sell'l'ted by IhL' Cily
during its regular office hours.
7. Contacts wilh ProslJL'Clive Clicnls. As spccilÏed in paragraph 3. the RVCVB shall
inform Ihc Cily's Dirc~"lor of Planning Building ami Eeonomie Dcveh-,pmenl on a regular hasis of
work in progrcss at the R VCVB. A representative fromlhc Cily shall ha\'e Ihe righllo he prcselll at
any formal hid presenlalions made III any pOlcnlial group mceting or busincss mceting.
8. Board of Direetnrs. City Council shall appoint Iwo peoplc as memhcrs of the Board
of Direetors of Ihe R VCVB. Such appointecs shall have full vOling righls and privilcgl's during lhl'
lerm of this Agrcemenl and shall scrvl' on the Board allhe pkasure of City Council. In addition.lhe
Cily ManagL'r. the Cily's Direcll>r of Planning Building and El'onomic De\"ClopmL'nt or Director's
designee. and the Chairman of the Roanl>ke Civic Cl'nler Commission ur the Chair's designcc. shall
be members of thL' Board. with full \'llling righls and privileges during thL' lerm of this Agrcl'ml'nt.
Y. Indemnifil'ation. TOlhe exll'nl pellnillL'd by law. each pany shall indemnify and hold
harmless Ihe olher pany. ils officers. agellls and emploYL'es. from any and all daims. legal aL"lions
andjudgml'llls alh,mœd against illlr its officers. agcllls or employees. and for expenses ilmay inl'ur
inlhis regard. arising OUI of the othcr', negligenl acts or omissions, wilh respecllO carrying oUlthis
AgrC'cnl~nt.
10. Insurance. RVCVB shall obtain and mainlain during the life of Ihis Agreement a
policy or policies of wmmclTial general iiability insurance with an insurance L'ompany or companies
-4-
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licensc'd to do busin~ss in Virginia. which policy or policies shall pn)yid~ coverage wilh r~speetto
claims arising out of thc' subi~el maller of Ihis Agr~~ment. The amount of sud, insurance shallnol
~ . -
b~ less than S 1.000.000. RVCVB shall also ohtain and maintain during th~ life of this Agrcemelll
Direet!.>rs and Officers Liability insurance in th~ amoulll of $1.000.000 per l>l'l'UITence providing
eoyerage. including defense costs. wilh respect to claims arising OUl of Ihe subjel'1 malter of this
Agreement. All such policies shall be oceurrence polic'ies and shall name the City of Roanoke. ils
olTicers. agents. employees and reprc'sentatiyes as additional insureds under the eommerL'ial general
liability policy and. if possihle. under the Dirl'elors and Officers Liahility policy. RVCVB shall
pr<Jyide the City wilh eertitïealö of insurance for each PI' the aboye policies and each certificate shall
C\llllain suhstantially the following statement: "The insurance cÙyerage provided by this ec'nirieate
shall not he canceled or materially altered except aftc'r Ihirty (30) days written notice has been
provided to the City of Roanoke."
11. Assignment. Neither Ihe City nor R VCVB may assign its rights or obligations
hereunder without the prior wrillen consent of the other.
12. Nlllic'Cs. Any notices required by the terms of this Agreement shall be deemed to
ha\"C been giyen when dcli\"Cred in person to or deposited in the U.S. mail. yia first class postage.
addressed:
tal
If to the City:
Cily Manager
City of Roanoke
Noel C. Taylor Municipal Building. Room 364
215 Church Avenue. S. W.
Roanoke. Virginia 24011
And
Director of Planning Building and Economic DeYdopmCllI
III Franklinl'laza. Suite 200
Roanoke. VA 24011
-5-
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(b) Iftoth~RVCVB:
ExCt:uti\'c Dircctor
Roanoke Valky Convcntion and Visitors Burcau
() I Shenandoah A venuc
Roanoke. VA ~4016
or at snch olhcr address as cach pany may designat~ rllr itself by giving at k'astIÏ\'e () days prior
wrillcn notiœ to the llthcr pany.
13. Nondiscrimination.
A. During thc performancc of this Agrccrnenl. ¡hc R VCVH agrees as follows:
I. R VCVB will nO! discriminatc against any subL·ontractor. L'mploycc or
applicant for cmploymcnt becausl' of race. religiun. color. sex. national
origin. agc. disability. or any olhcr hasis prohibitcd by stalC law relating to
discrimination in l'mploymcnt. exœpl whcrc therc is a bona fide occupational
qnalification rcasonably ncœssary 10 thc normal opcration of RVCVH.
R VCVB agrees to post in conspicnous places. available to employccs and
applicanls for cmploymcnl. notices selling forth thc pro\'isions of this
nondiscrimination dause.
1
R VCVH. in all solicitations or advertiscmcnts for cmployccs plaœd hy or on
hchalf of RVCVR will stalc that RVCVR is an cllual employmcnt
opponunity cmploycr.
3. Notices. advcniscments and solicitations plaœd in accordancc with federal
law. nilc or rcgulation shall bc dccmcd sufficient for the pnrposc of meeting
Ihe requircmcnts of this sectill l.
-6-
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B. RVCVB will incluuc,the provisions of the foregoing !>llhparagraphs (A)II). (2) and
(J). inevuy suhcontract or pun:has~ l'nkr of ov'Cr ten thousand dollars (S W.OOO.OOl. so that the
provisions will he binding upon ~ach subcontractor () " vendor.
1-1. Dru~ Free Workplace.
(A) During the performance of this Contract. the RVCVB agrees to (i) provide a drug
free wl.l("kplaœ for the RVCVB's elnployc'es: Iii) post inconspicuous placc's. availahle to
employeès and applicants I;-'r employment. a statement notifying employees thatthc' unlawful
manufacture. sail'. distrihution. dispensation. possessilln. or use l,f a controlled substance or
marijuana is prohihited in the RVCVWs workplace and specifying the actions that will be taken
against ~mployees for violations of such prohibition: (iii) state in all solil'itations or
advertisements for employel's placed hy or on hehalf of RVCVB that RVCVB maintains a drug
free workplace: and (i\') include the provisions of the foregoing clauses in every subcontract or
purchase ordc'r over S 1 0.000. so thalthc' provisions will be hinding upon each suhcontraetor or
vendor.
(B) For the purpose of this section. "drug-free workplace" means a site for the
perfollnance of work done in cllllnection with a specific contract awarded to a contractor. the
employc'es of \\·llOm are prohihited from engaging in thc unlawful manufacture. sale. distrihution.
disp~nsatillll. possession or uSc' of any L"lllltmlled suhstance or marijuana during the performance of
the Contract.
15. faith Based Or~anizations. Pursuant to Vir!!inia Code Scction 2.2 - -13-13.1. be
advised that the City of Roanoke does not discriminate a!!ain.st faith-based OI"!!anizations.
16. Terminatinn. The City may terminate this Agreem~nt at any time if R VCVI3 applies
funds paid to R VCVB hy the City for any purpose other than the purpOSl'S contemplated hy this
Agreement. provided Ihat reasllnahk notice and opportunity 10 cur~ shall first he afforded. or if
-7-
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RVCV H fails to perform any of the other obligations undt'r this Agrccmcnl or as otherwisc allm"cd
hy law. t:pon termination of Ihis Agrccment. the numher of City rcprcsent~lli'TS on the Hoard of
Dircctors of R VCVB shall he reduced to two (2). In such e"ent.the City Managcr shall desigllatc the
City's representatives to remain on thc Board or in the eVl'ntthc City :\'hmager does not so eksignatc
within 14 days of tcrmination of the COlllntct. the Prl'sidl'nt of RVCVB shalllllake the designation.
17. Duplicate Originals. This Agrcemelllmay he executed in ùuplicatc. each of which
shall he ùecmcd 10 he an nrigiual and all of which will he deemed to l"l'preSenl one and the samc
Agreement.
18. Nonwaiver. RVCVH agrccs that the City's waiver or failurl' to ClIforce or requirc
performance of any tcrm or l'ondition of this Agreement or the City's waiver of any particular hreach
of this Agreemelll hy RVCVB extencls to that instancl' only. Such waiver or failure is not and shall
not be a waiver of any elf the terms or coudit ions of this Agrccmelll or a waiver of any other breaches
of the Agreement by RVCVH anù dOl's not har the City from requiring R VCVB to comply with all
the tcrms ancleonditilllls of the Agrl'emCllt and docs not har thl' City from asserting any and all righls
and/or remcdies it has or might havc against RVCVB uIl(kr this AgreemCllt or hy law.
19. Cooperation. Each party agrees to cooperate with thl' other in executing anv
d{lClnllents necl'ssary to earry out the intcnt and purpose of this Agrcl'men!.
20. Entire Agrl'cment. This Agreemelll constitutes the cntire agreement helwcen the
parties and supcrseùcs all prior agrccments hetween the parties. No amendment to this Agrcenlclll
will be '"alid unless made in writing anù signed by the appropriatc parties.
-R-
f:: III I( ;1. .\11" I I \1.....\11 (1111,.1.11\ .\1......··· II .\11' '\1 II I.SI·I"J·;," "I~\'( XI\ .\C '[d·:I-:\II:'.1 :." "-.ll! JC.
I'" WITNESS WHEREOf-'. the City and the RVCVB have caused this Agrccment to be
signed by their respecti\T autllllril.cd H.-presentativc's.
ATTEST:
CITY 01-' ROANOKE
Mary r. Parker. City Clerk
By
Darlene L. Burcham. City :\1anager
ATTEST:
ROANOKE V ALLEY CONVENTION
AND VISITORS BUREAU
By:
Printed Name and Title
Prillled Name and Title
Appwved as to !'t\rm:
Appwprial ion & Funds required for this
C olllract cert i (ïc'd:
City Attorney
Director or Finanœ
Apprm'ed as to c'xecution
Account No.
Date:
City Attorney
-1.)-
I : I ( (:I \11 . I 1:\1',\11.1:'111 1.1 l( :·\1.....· I II \II',.'~I IÏ [:",11'1"1:"1: ·H \ 1:\ I'. \( ;]<IT.\II.'. l"", q~.J I'll'
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
June 26, 2006
File #373-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37444-061906 authorizing the City Manager
to execute an amendment to the Lease Agreement dated May 16, 2005, between
the City of Roanoke and Crown Roanoke, LLC., a Virginia limited liability company,
for an additional 900 square feet on the third floor of 111 Franklin Road, for a
period of two years, beginning June 19, 2006, and expiring May 31, 2008; upon
certain terms and conditions, as more fully set 'forth in a letter from the City
Manage! addressed to the Council under date of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~J?:'~' rYt.hV
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERK\OATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun 06\Jun 19 06 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:ICLERKIDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Uun 06Uun 1906 corr.doc
{ )t:-/
IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGThlïA,
The 19th day of June, 2006.
No. 37444-061906.
AN ORDINANCE authorizing the City Manager to execute an amendment to the lease
Agrecmcnt dated May 16,2005, between the City of Roanoke and Crown Roanoke, LLC., a Virginia
limited liability company, to execute a second amcndment to the lease agrcement for an additional
900 square feet on the third floor of I 11 Franklin Road, Roanoke, Virginia, for a period of two years,
beginning June 19,2006, and expiring May 31, 2008; upon certain terms and conditions, and
dispensing with the second reading by title ofthis ordinancc.
THEREFORE, BE IT ORDAll\I£D by the Council of the City of Roanoke as follows:
I. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of thc City, in form approved by the City Attorney, an amendment to the
Lease Agrecment dated May] 6,2005, between the City of Roanoke and Crown Roanoke, LLC., a
Virginia limited liability company, for an additional 900 square feet on the third floor of 1 I 1
Franklin Road, Roanoke, Virginia, for a period of two years, beginning June 19,2006, and expiring
May 31, 2008, at the sanle per square foot rate as the existing lease, as more particularly set forth in
the City Manager's letter dated June 19,2006, 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.
~'..M.~
City Clerk. .
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nod C. Taylor Municipal Building
2]5 Church Avenue, S.W., Room 364
RoanoKe, Virginia 240] 1-]59]
TL'IL'plwlll': . (.5·1ll) ~53 ~:~3J
F,I.\: (5·1l.l) 85.3-1 u.~
Cïly Wl~h: w\\"\\'.nl,\I1l1"t'\·a'¡'~(l\
June 19, 2006
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 Council:
Subject: Second Amendment to Lease for
the Economic Development Division at III
Franklin Plaza, Suite 200
Background:
The City of Roanoke currently leases 3,444.5 rentable square feet at 111
Franklin Road, Suite 200 for the Economic Development Division of the
Department of Planning Building and Economic Development and currently
started the second year of a three-year lease.
Funding for the lease was included in the Economic Development Division
budget. The division would like to lease an additional 900 rentable square feet
of space on the third floor of 111 Franklin Plaza. The additional space would
create two additional offices, which would house the newly created Public Art
Coordinator, Special Projects Coordinator, and allow space for an intern and a
storage-production area. The additional space would be leased at the same per
square foot rate as the existing lease. The annual rental of the additional
space, will be paid in monthly installments, as follows:
July 1, 2006 - May 31, 2007 $14,025.00 $1,275.00 per month
(11 months)
June 1, 2007 - Mav 31, 2008 $15,525.00 $1,293.75 per month
Honorable Mayor and Members of Council
June 19, 2006
Page 2
The amendment for additional space would be coterminous with the current
Economic Development Lease. Neither the existing lease nor the Amendment
for additional space includes any renewal clause. Additional rent will be funded
for the next year through City Manager's contingency fund.
Recommended Action:
Authorize the City Manager to execute the second amendment to the lease
agreement with Crown Roanoke, LLC, a Virginia Limited Liability Company, for
900 rentable square feet on the third floor of 111 Franklin Plaza, Roanoke,
Virginia for a period of two years, beginning July 1, 2006 and expiring May 31,
2008. All documents shall be upon form approved by the City Attorney.
Respectfully submitted,
Darlene L. B
City Manage
~
DLB:lpp
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Brian Townsend, Director of Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00 110
SECOND AMENDMENT TO LEASE
TillS SECOND AMENDMENT TO LEASE (this "Amendnwnt") is made as of the
_ day of June 20()(i. hetween CROW:\" ROANOKE. LLC. having an office at c/o Crown
Properties. Inc.. 400 Garden City Plaza. Suite Ill. Garden City. New York 11530 ("Landlord").
and CITY OF ROANOKE. a Virginia municipal corporation having an OflÏCl' at 111 Franklin
Plaza. Roanoke. Virginia 24011 ("Tenant").
W!TNliââETII:
WHEREAS. by Lease (the "Lease") dated as of l\'tarch 20. 2000. Landlord. as landlord.
did demise and let unto Tenant. as tenant. and Tenant did hire and take certain premises
eontaining approximately 3.444.50 rentable square feet lL)eated llll the second (2,..1) noor (the
"Original Premises") in the building CClmmon1y knl)",n as 111 Franklin Road. Roanoke.
Virginia (the "Building") as more particularly descrihed in the Lease;
\VHEREAS. the Lease was amended by First Amendment to Lease dated as of May 16.
2005 (the "First Amendment"):
WHEREAS. the parties desire hy this Amendment to permit Tenant to lease certain
additional space in the Building and to modify [he Lease as hereinarter set forth: and
\VHEREAS. the Lease. wgether with the First Amendment. is hereinafter referred to as
the "Lease".
NOW. THEREFORE. for good and valuable consideration. the mutual receipt and legal
sufficiency of which arc herehy al'knllwledged. the parties agree as foll"ws:
I. Defined Terms; Recitals. All terms used herein and not otherwise defined shall
have thL' meanings ascribed to them in the Lease. The recitals set forth hereinahove arc
expressly incorporated into the body of this Amendment by referencc.
2. Effective Date. The effective date of this Amendment shall he July 1. 200(i (the
"EffectÏ\'e Date").
3. Additional Premises. Commencing on the Effective Date. Landlord hereby
demises and lets unto Tenant. and Tenant herehv leases and hires from Landlord. that ccrtain
premises located on the third (3rù) noor of the Building and Cllnsisting of approximately 928
rentahle square reet as shown cross-hatched on Exhihit "A" annexed hereto and made a part
hereof (the "Additional Premises"). As of the Effective Date. the "Premises". as said term is
Llsed and defined in the Lease. shall he amended to mean the Original Premises and the
Additional Premises. Tenant herehy agrees that the use of the Additional Premises shall he
suhject to the terms and conditions of the Lease.
4. Term for Additional Premises. The parties agree and acknowledge that the term
for the Additional Premises shall he for a period of one (1) year and eleven (II) months
l"l.)mml'ncing on the Efkctive Date and expiring on May 3 L 2008. unless sooner terminated as
set forth in the Lease (the "Expiration Date"). Landlord and Tenant acknowledge that the term
for the Addilional Premises shall expire eo-tcrminously with the term for the Originall'remises.
5. Rent I'or Additional Premises. C<lInmencing on the Effl'clive Date amI
continuing through and including the Expiration Date. the rent for the Additional Premises shall
he payable hy Tenanl lo Landlord on the lirst day of each mOlllh in accordancc with the terms
and conditions of the Lease as follows:
Period
Ratelt·.s.r.
Annual Rent
Monthlv Rent
Effective Date-
May 31. 2007
(only II months)
S17.00
S14.461.33
$1.314.67
June I. 20m -
Expiralion Date
$17.25
SI6.0()S.OO
S 1.334.00
Ó. Rent for Oril!inal Premises. Tenant's ohligation to pay rent and all other itl'ms
of additional rent for the Original Premises pursuant to the Lease and First Amendment are
hereby ratilied and confirmed and shall continue tll remain in full force and effect through and
including the Expiration Date.
7. Condition 01' Additional Premises. Tenant acknowledges that neither Landlord
nor LandkH"ll's agent has made any representations or promises with regard to ¡he Additional
Premises for the term herein demised. Tenant agrees to accept same in its "AS IS" condition as
of the date hen:of and that Landlord shall not he ohligated to make any repairs. altcrations.
improvements or additions to the Additillnall'remises for Tenant's occupancy whatsoever.
¡L Broker. Tenant acknowledges that Copty & Company (the "ßroker") acted as
the hroker in connect ion with this Agreement. Tenant represents and warrants that it has dealt
with no hroker. linder or like agent in connection with this Agreemelll other than Broker and. to
the extent permilled by law. Tenant does herehy agree to indemnify and hold Landlord harmless
of ami from any and all loss. costs. damage or expense (including. without limitation. allollleys'
fees and disbursements) incurred by Landlord hy reason of any claim of. or liability to. any
broker. lïnder or like agent (except for Broker) who shall claim to have dealt with Tenant in
l·l.lllnection with this Agreement.
9. EITect of Amendment. As modilied and amended by this Amendment. all of the
terms. CO\'enants and conditions of the Lease are herehy ratified and confirmed and shall
continue to be and remain in full forcc and effect throughout the remainder of the term thereof
and Landlord has satisfied all of its ohligations under the Lease as llf the date hereof.
I Thc rClIlaillder III {his page is Icli illlclI{illllalll' hh/llk. Sigllll{lIre pllge {1I.lil/lm!'.
2
IN WITNESS WHEREOF. the parties hereto have caused this Amendment to be
execll[c'd as of the day and year first ahove wrillen.
Landlord
CROWN ROANOKE LLC
By: Crown Rllanoke Manager. Inc..
Its sok Managing member
By:
Name: Davar Rad
Title: President
Tenant
CITY OF ROANOKE. VIRGINIA
By:
Name:
Tille:
3
Exhihit "1\"
Additional Premises - Floor Plan
4
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
June 26, 2006
File #102
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7445-061906 authorizing the City Manager
to execute Amendment No.5 to the City's contract with Hayes, Seay, Mattern &
Mattern, Inc., for additional engineering services for the Downtown North Parking
Garage (Gainsboro) and First Street Bridge, in the amount of $99,990,00, as more
fully set forth in a letter from the City Manager addressed to the Council under date
of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006. .
Sincerely,
~~.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Directot of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Robert K. Bengtson, Director, Public Works
Mark D. Jamison, City Traffic Engineer
L:\CLERKIOATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
~(,
".\~
bS '
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37445-061906.
A RESOLUTION authorizing the City Manager to execute Amendment No.5 to the
City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for
thc Downtown North Parking Garage (Gainsboro) and First Street Bridge.
BE IT RESOLVED by the Council of the· City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, upon
form approved by the City Attorney, Amendment No.5 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for additional engineering services for the Downtown North Parking
Garage (Gainsboro) and First Street Bridge, all as more fully set forth in the letter to this Council
dated June 19,2006.
2. The Amendment No.5 will provide authorization for additions in the work, with
an increase in the an10unt of the contract of an additional $99,990.00, all as set forth in the above
letter.
ATTEST:
~~'~ ~M.~
~CitYC1erk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
N"oL'l C. Taylor f'v1unicipcll Building
21:=; Churdl Avellue, S.\V., ROllm 364
Roanok,·. Virginia 24011-1591
TvltTlwl1L' . \5-J.i!) ;-,r.;"-lYH
1".,,: L,-lilJ ~:;~ II:b
Cjl~ WI' ,: \\·\\"\\".I"tl.llhl"l·\·,l.g~'\·
June 19, 2006
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: Martin Luther King Jr., Memorial
Bridge - HSMM Contract
Amendment No.5
Background:
Council awarded a contract on December 6, 1999, to Hayes, Seay, Mattern &
Mattern, Inc. (HSMM) for the design of the Downtown North Parking Garage
(Gainsboro) and the First Street Bridge (since renamed the Martin Luther King,
Jr., Memorial Bridge). Four amendments to the contract have been executed for
additional design services. The original contract was for $560,000.00 and four
amendments totaled $306,567.00.
City staff has negotiated a contract amendment for the necessary construction
administration services for the reconstruction of the Martin Luther King, Jr.
Memorial Bridge in the amount of 599,990.00. The contract term will run
concurrent with the contract for construction. City Council approval of the
contract amendment is necessary because the amendments exceed 25% of the
initial contract value.
Funding is available in account number 008-052-9574 "First Street Pedestrian
Bridge" for the proposed amendment.
The Honorable Mayor and Members of Council
June 19, 2006
rag e 2
Recommended Action:
Authorize the City Manager to execute Amendment No. 5 for the above
additional services with Hayes, Seay, Mattern & Mattern, Inc. in the amount of
$99,990.00.
Darlene L. Bur ham
City Manager
DLB:KDK:dps
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management and Budget
Robert K. Bengtson, PE, Director of Public Works
Mark D. Jamieson, PE, Acting Manager of Transportation
CM06-00113
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
June 26, 2006
File #60-207-450
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget. Ordinance No. 37446-061906 appropriating
$100,000.00 from the Economic and Community Development Reserve to the
United HealthCare Services Project, and amending and reordaining certain sections
of the 2005-2006 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,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~L.'." _'N\.~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning, Building arid Economic Development
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence O6IJun 06\Jun 1906 corr.doc
~~>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37446-061906.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve to the United HealthCare Services Project, amending and
reordaining certain sections of the 2005-2006 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2005-2006 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Fund Balance
Economic and Community Development
Reserve - Unappropriated
008-310-9847-9003
$ 100,000
008-3365
(100,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~M,~
~"f ~ City Clerk.
~
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
June 26, 2006
File #60-207-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37447-061906 authorizing the proper City
officials to execute a Performance Agreement among the City of Roanoke, the
Industrial Development Authority of the City of Roanoke and United HealthCare
Services, Inc., in connection with maintenance and creation of certain jobs by United
HealthCare Services, Inc. within the City of Roanoke; to provide for appropriation of
up to $100,000.00 by the City to the Industrial Development Authority for grants to
United HealthCare Services, Inc. for the purpose of economic development, as more
fully set forth in a letter from the City Manager addressed to the Council under date
of June 19, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
. h1,mL~
Stephanie M. Moon, CMC '---
Deputy City Clerk
SMM:ew
Attachment
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Wun 06Wun 19 06 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc:
Harwell M. Darby, Jr., Attorney, Industrial Development Authority, Glenn,
Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia
24011
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Director, Planning, Building and Economic Development
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Wun 06Wun 19 06 corr.doc
,/
0)'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37447-061906.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement among the City of Roanoke (City), the Industria] Development Authority of the City'
of Roanoke, Virginia (IDA), and United HealthCare Scrvices, Inc., (UHS), that provides for
certain undertakings by the parties in connection with the maintenance and crcation of certain
jobs by UHS within the City of Roanoke; to provide for thc appropriation of up to $]00,000.00
by the City to the IDA for grants to DHS for the purpose of economic development, as further set
forth below; and dispensing with the second reading by title ofthis Ordinance.
WHEREAS, UES is leasing ccrtain real property located in the City of Roanoke, and
intcnds to maintain and expand UHS's operations of providing services to certain Mcdicare
recipients and to provide customer support for a variety of senior health and well-being products
and UHS intends to maintain and create substantia] jobs in connection with those operations
(UHS Project); and
WHEREAS, the City and the IDA wish to encourage DHS to undertake and complete the
Project in order to enhance and promote economic dcve]opment within the City and the Roanoke
Valley.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the substance of the terms of the Performance
Agreement among the City, the IDA, and DHS, as set forth in the attaclunent to the City
Manager's letter to Council dated June 19,2006, which provides for maintenance and creation
K:'c\1easures\UHS Performance Agreement June 2006.rtf
by UHS of certain jobs within the City, as well as certain undertakings by the City and the IDA.
City Council further finds that this will promote economic deve]opmcnt within the City and the
Roanoke Valley.
')
~.
The City Manager and the City Clerk are authorized on behalf of the City to
execute and attest, respectively, a Performance Agreement anlOng the City, the IDA, and UHS,
upon certain terms and conditions as set forth in the City Manager's letter to Council dated June
]9,2006. The Performance Agreement is to be substantially similar to the one attached to such
letter, and in a form approved by the City Attorney.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Performance Agreement.
4. The City will appropriate ail amount up to $] 00,000.00 to the IDA for the purpose
of promoting economic development in the City and the Roanoke Valley in order to fund the
grants that the IDA intends to make to UHS upon certain terms and conditions, which amount is
to be used for job grants as referred to in the Perfonnance Agreement, all as more fully sct forth
in the above referenced City Manager's letter.
6. Pursuant to the provisions of Section ]2 ofthe City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
-' .~
~~fTtyc]erk
K:\Mcasures\UHS Performance Agreement June 2006.rtf
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
:\I1..ll'l C. Taylor MuniLipal Building
215 Church Avenue, S.\V., ROOln J6..J.
ROdI1l1kt'. Vlrginia 24011.-1591
"ll.']I'JlhoiW: (~.. .()} X:;~-~JYì
¡":,n:: (:;-1-1)) !ooi5:__ll.t':(
("it\' \\'vb: \,'\\,\\' nl.l11l1kv\·.1.i~,'1\·
June 19, 2006
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Performance Agreement with
United HealthCare Services, Inc
Background:
In 2005, United HealthCare Services, Inc. (UHS), a wholly owned entity of United
HealthGroup, asked for assistance from the City to help UHS to maintain and
expand operations in the facility it leases at 3645 Thirlane Road, located in the
City. City staff worked with UHS and arrived at the recommendations set forth
herein. The 160 permanent, full-time jobs existing at the facility in June 2005
will remain and at least 250 additional new, permanent, full-time jobs will be
created on or before December 27, 2007. A Performance Agreement with UHS
provides up to $50,000 in funds for retraining permanent City residents who
were employed at the facility as of June 27, 2005, and up to another $50,000
for permanent City residents hired on or after June 28, 2005, and before
December 27, 2007. Grants of $500 per City resident would be made by the
Industrial Development Authority of the City of Roanoke, Virginia (IDA). All job
positions would have to continue without interruption from the date of creation
through either the date the total grant amount is paid or December 27,2007,
whichever occurs first. If such job positions are not maintained by UHS, no
further job grants may be requested. The details of these provisions as well as
the other terms of the Agreement are set forth in the attached Performance
Agreement (Attachment A). Since City provided funds will not be paid until the
Honorable Mayor and Members of City Council
June 19, 2006
Page 2
grant requirements are met, no repayment provision is needed in the
Agreement.
Recommended Action:
Approve the substance of the terms of the Performance Agreement among the
City, the IDA, and UHS as set forth in the attachment to this
letter and determine such grants provided for by such Agreement will promote
economic development within the City and the Roanoke Valley.
Authorize the City Manager to enter into a Performance Agreement with United
HealthCare Services, Inc. and the Industrial Development Authority of the City
of Roanoke, Virginia, in a form substantially similar to the one attached, with
the form of such Performance Agreement to be approved by the City Attorney.
Authorize the City Manager to take such actions and execute such documents
as necessary to implement and administer such Performance Agreement.
Appropriate the $100,000 from the Economic and Community Development
Reserve to an account to be established by the Director of Finance in the Capital
Projects Fund.
Respectfully submitted,
DLB:lb
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Director of Planning Building & Economic
Development .
Sherman M. Stovall, Director of Management and Budget
Harwell (Sam) M. Darby, Jr., Attorney, IDA
CM06-00 114
PERFOR\lAI\CE AGREEME;o.¡T
Thi~ P~rft 1]'Ill~lIH:(, Agrl~l'lIll·11t I Agrcl'l1IcllLI is dall'd .. ______ _" ~(IOó. hy and al1l(lIlg
thl' City Ill' RllanokL.. Virginia. a 111lIlliL'ipall'prpoltlliollllrgalli/(:(\ and l'xi...¡ing undl'f thl'
laws of LhL' ClIlllllllll1\\;('alrh of Virginia I(,it) J. lh(' Indu....tria] Dl.'\"cltl lITll'lIl AUlhtlrity llf
lh~ City ot R.O'1Il0kl'. Virginia. ~III indu.-.rrial c1c\'cltlpIllL'1l1 auth\lrily tlrgallii'ùl and exisling
ulI(kr the la\\':-' III' the C\lll1l11\)!1wcallh \)1' Virginia (IDA II " AurhllritYJ. and Unit('d
Ilealth('art:' St:'r\'iL'ö. IIlL',. ¡¡ ~\'finn("...tlt~1 L\lrpt1ralitlll authnrizl'd Lll tit) husilll':-'S in Virginia
tLIHS).
WITNI'SSEIH:
\VHJ:REAS. llHS. i.I wholly tlwllt.'d entity of lInitt:'dllealth (ì¡\IUP (llHGI. has ~lIll1{llll1l"L'd
that it \\'illmailllain and l'-,pand (lpL'ration:-- in thl: Cily:
\Vllr~I{L-\S, Ihl: City 11<1."; dl'h..'rl11inl'd thai it \\'ill l11akè' all ap 1 'Opn;llltlll (II' dnllatillll llf
I1lPlle: tothc )1)..\ lilr thl' purptl:--l'S of prlll110ting l.'l.'nnolllic de\'elllpment \\'ithin the Cily
and till.' Rt l~lI1llh' Vallè'Y:
\VHFRI.~,-\S. thc..' IDA. ba:ÕI.'d ull tl1l.' applicatillll and lllltknakillg:-- or UHS. has dl.'Il..'lïnillè'd
to makl' ù'rtain grallt:< III CllS to IW\llllllte cc..:ol1nmic..' dl:vl.'lllpl11c..'nl in thc..' ('it)' and the
R(l~lIlllkl' Valley:
\VIIrRrAS. llHS Ita:-- 1lli.l{k l'l.'rlaill rè'prt'sentati(lns a... to it:-. COl11llliln1l.'nl III el'llIllll11k
dl.'\\.'lopl11('nt which will b(' madc..' in c..'nlbic..k'ralilln (If the t..:olllmitlllellt Ill' thl' IDA tomah'
the grants tn CHS:
\VHERE¡\S, l.:HS It'ast':o. t..:ertain rl.'al prllpl'rty lut..:aled at 36-\.5 Thirlanc..' Rllad, N\V,
hll'att"d in th(' City of RoanClke and plans hi maintain and l.'xpand t:IIS·s operations nf
pnn'iding ser\'Îl:es 10 ù'rtain I\.kdic..'arc..' rl.'t..:ipiellb and tll provitk l'ush)l11l.'r support for a
\ilril'ty ofsl:nior hc..'ailh and wt'll-being p ,odut..:ts at that Illc.."ation (Facility):
\VIIERE:\S. UIIS \\ illlllaintain 160 1l.'rl11allent full-tillll: job Illl:--itilln:-- thaI l'llrn.:'ntly e.x ist
at the :ac..:ility and will furtl1l.'r l.Tè';ltè' and pnn·idc..' at k'a:õt ~)() additional new pc:rmanc..'IH
full-lin1\..' jnb positions at tiIl' I:ac..:ility on or hdorè' fkt..:clllber 27. 2007:
\\'IIEREAS the City ha."; agrc..'ùl tll llIakl: :111 apprtlpriation hi Ihe IDA ~Il up to
~I{ fl.()()(),()() for Jtlb (iranls for th~ purpo...c..' ol" rl'lraining exi:o.tin~ elllplll)'L'l.':Õ. and thë-
training of 11l.'W employee.... all ill' whom shall bt' Pl'll11i.llll:lll Cily rl.'sidenls. which thc..' IDA
may make i.l\·ailahlL' through grants III l~HS un~kr Iht' tt'rnb set ftlrth in thi:-- Agrt'è'mt'nt:
and
\\'HLRE:\S. the City and the IDA wish to encouragc..' UHS 10 undef'takt.?' and t..:illllplctL' thè'
Projc:t..:l.
NO\V, THERlTORE. ill l.'tlll...idcratillll (lr 11ll..' mutual lrol11i:--l:s and c..:o\'enanh l'ontailll..'d
herein. Ihl: partic..':Õ 1ll..'rl.'TtI 1ll1l1ually at!rl'l' a:-; rollll\\s:
C \1 1I Il·t !fl.II:"· 1 \( '~IS~I: I:' 1: 1\].1 )Coo ,\ 1. "'-1 \1 "IIII'\II"I~',I-I·I'~"'.'\LIII'" 1\': [, '111I:111<"<' :\P\','III,'11l ,h.:
SECTION I. APPROPRIATION A'IOI.INT.
Subjl'l.:llu till' t~ ,Il1" Ilf this AgrL'L'IIK'nt. thl" City will arr[(lprial~ and pay an i.l1l1\)L1I11 lip
tll. hut Ill11 t¡ll·.....cC'~d. ,I total Ill' .~I()().()()().()() 1(1 lh~ ID:\ for thl' plll" .ltl~C'.... (If prl11ll1lting
fo..'CllllomiL- de\"t'!p 1ll1L'111 in thL' City and lhr: Roal111h' Valll'Y in order It' fund lhl' l'Ctllllll1lk'
dl'\'c1opnwllt ~r;[nrs thL' IDA inh..'IlJ:-. to make hI t:HS a:- set hlrth in this Agn..'cl11cI11 fill'
the J\lh (ìrallh prll\"idcd for in rhi." AgrL'cI11L'1l1.
SECTlO:'ll 2. IDA ECO!\;()I\IIC DE\"F.LOP'IEl\T GRANTS.
The In,.\ \\';11 make L'clll1omil.' de\'i,:oloplllt.:'nT grail!."; III l1HS ;¡~ t\lllnws: an amount up In
$1 (lO.{){)O,O() for Jpb Grants a~ prll\'idL'd rill" in thi~ Agrt.'t.'l11l'lll. all in i.ll.:c\lrdi.lllL't" with lhe
lernl'" (If rhi... ;\grÚ'll1L'1l1. ThL' ID:\'s tlhli~aritlns hereulllh..'r art' lIot gl.?'lll.:r;¡1 \lhligatillll:' ~)r
th~ 10;\. I.)ut ¡UL' :-.pecialohli~atitll1.'" tli' the IDA ¡¡milL'll tll thll....~ funds whiL'h i.ll"L' pnl\ ided
llel~ullder by th~ Cil) alld rL'cei\'l'd by the IDA.
SECTlOl\ J.l!IIS·S OßLH;ATlOl\S.
L:HS a~re~... ;lnd prlll1li,,;ö Ihal ill order hI qualify to reL'ei\'L' alld rL'lain tilL' C'l'IlIllllllit.:
dl'\"~I()plll~nl granh frOI1l thl' ID:\. CHS will dtlth~ flllhl\\'ing:
A. UIIS \\'illllwintain at least lóO pL'rnlalll'nl. stafft:'d. full-tim(' jllh pll:,ititln:,
Ihal CUITL'lllly L'XÎ:-.t at till' Fat.:ility and will fUrlher t.:rl'atl~ and/or pJ"tl\'idt:' a
minilllul1l (If an additional 2:10 IlL'W (ml'aninp new tll Ihe SlalL' or Vir~illiaJ
pennan~nrly staffed and tïllt:'d full-limL' jllb positillll...ljob posilions) at the
F~ll'ility on or bCrllrl~ Dl~l.'ell1bcr 27. 2fl07. SUdl job positiolls :-.hall be
lllailllaillL'd ~IS :-'L'I IÙnh hL'rl'in. l\"aillt~lined lllt:'al1" Ihal IhL' l'xi:-.ting jtlh
positilll1:-' and lhl~ job pl1...itioll" to he lTL'atL'l1 pur:-'Ui.lllt {o {he pro\'isitll1s ot
this Agreement will l'tlnlinul' \..'ith(lllt interruptiol1 frlllll Ihl' d~UL' ~)f
LTeatilln through either Ihe dalt' the (~llal gfallt ~11l11l11nt i:-. paid olll III CHS
IlurslIallllt1 {he terms ll(this :\greemt'nl ~Ir Dl'Ù'mhL'f" 27. 2{1(17. \\hic.:ht?\'cr
~lÙ·ur:-. IÏr:'L. II" :-'lIch job .l1l:-.itiol1,'" ;\re Ilt.H l1laint~linL'd as :'L'( forth in this
i\grl'(,l1lc-l1t Ilt 1 fllrthc-r .Joh Grants may be requested by lTIIS and nil further
Joh Gr~lTlI requc:-.h will be l'llllsid('rc-d or h~)[1llrl'd by the IDA,
B, L:HS a~rl~L'''' to obtain all appJ'tlpri:ne husiness lil'L'n:'L's anJ/~lr othl~r
lil'CI1:'L'S ~lr lk'rmils rL'quirL'd tll ¡)pCral~ within the City of RoanllkL' and 10
pay all appropriate ta,\C;-.. It'\'it',';. Ill" L'hargl's as IlW: bl~ r~qllircd by any
appliL'ahk' i"L'deral. stall'. lll" blt.:a! laws. t1rdinant.:es. Ilr rl'guli.lIi~)[1:-'.
indllding but not limited Itl th~ City's \1ad1inl'ry and T~)¡)l Tax antl/Ilr
P('r:-'ol1l1~1 Property Of Real Prtlpcny Tax. l:IIS agree:-. III pay all slIt.:h
it~l1I:-' in a (.:urrcnl and timd) manner.
~ ':\1)( Il·llfl,ll.-1\l ~1."'~II.lll:(l\J.r I( ·,\I.S··I \'J ~'lIlp\JI"IC',I'H'h"":\l:HS l'c·ljIlI1J1.1Il,·<' :\gJ<'c":K'LH \1"..:
è
C. l:HS agr('('~ that any IlltlnL'Y l:HS I"('cei\'ö fr'lllll IhL' Joh Grants pnl\'id('d
for in this ..\~rL'clII(,l1t \...:ill (lnl)' bL' u~L'd ror tr..lining ~ith('r L'xistin~ and/ur
Ilt.'W (,IllplnYL'L's \\'ho ;¡r~ p~rmal1L'nt Cily rL'sidL'l1ts and in aL'cllnlanL'L' 'II,. ilh
th(' pl'll\·i.,itlns of thb A,µreemt:'nr. Pro\'idL'll. hll\\·C\·('1". sllch lllol1i('~ may
bL' u~L'd by llllS hi otlsL'l c{l:,lS UlIS h;\s ¡¡ rL'ady il1l'UITCd and paid that
lllh(,lwi~e Illt:'elth(' rL'quirclllents lit thi~ .-\grú'ITIL'nl.
SECTlO~ 4. PERFOIUIA:'IICE.
l.:HS a~f'l.:'ö thar il rnusl pL'rrprm "II (If th~ (/nl;~~lfill/1.'" i.b set fllnh ill this ..\,grù'mL'I1J
within tht.' pL'rillds or linlL' sel rorth in thi~ :\gr('L'l11cnl ill t1rdl~r to qll;¡lify for thL' l'l.'tlllllmÌl·
dC'\'t,:'IClpm~nr grants and/or Itl maintain ~lldl granl:',
SECTlO~ 5. PA "\lEI\T OF IIM'S FEES.
UHS pr{lmiSL'S and a~rl~('~ that it \""'ill pay all rC'as(ll1ahl~ t~('..... L'O~¡";. and L'XPl'llSC:, of (he
IDA in L'onneclit.1I1 with this malleI". induding ;,In) al..'lion 1I1..~I..·l~SS"lIY tll ctlllt:'ct
rL'il11hursclIlL'nt h~rC'L1I1c1er II " litigation or any typc. all Ill' which inchuk's thL' r('asonablL'
1'1..-('.... or the I D.-\' ~ 1.:0\Ill~L'1. PaynlL'nl nr such items ....hall nlll hL' m;llk' frnm all) Grant
fund~, ThL' IDA will suhmit ...tiltel1l~nts to t:HS fl.)r :'Udl itl..~IIls and t:IIS will pay SUdl
~tall..'menrs within .ìfl day~ aflL'r rcceipt.
SECTION Ii. D1STlŒll!TlOI\ OF GRANT Fl:~()S.
Thc (,il) will appropriate ~111 anlllunt up to a total of $ 100.000.00. ;¡~ prC'\'iously referr~d
10 in thi:, Agrl..'l..'lI1l'lIl. 10 lh~ IDA for the PurPPSL'S ur prtlmolillg I..'COI1t1I1liL' d('\'~llIplll~nl in
lh~ Ciry ill "nk' " Itl fund Ihl' .hl¡' (ìranls t1ll~ IDA may l11ak~ Itl IIHS. SUdl ,h)¡' (ìrallh \"ill
bl..' us('d cxdusi\t.:'ly fol' th~ cos!.';. pr 10 Ofr:'l'l coSI:' 1) 'C'\"iollsly inl·l1lT~d. for training
emplllYÚ's rl1l'L'¡ing thL' rL'quirl..'melll:-> ~ellilrth in this l\grl.'(,I11L'nt abl.luL thc IlL''I'" I\kdicare
IlrC'sl.:riptillll Drug Bendit Pnlgral11, IJHS's I..'llmpliancc \\'ilh the l('I'IllS {If this i\grt:'ement
i:, a cOlldilinll prL'Ù'lk,Jlt IiiI' ;lI1Y Job Gr;¡llts. SUl..'h .Ioh (ìralll~ "ill hc appllrlitllll'd
¡'Ct\\\'I..'1l l\\'tl calegorie.... or Job Grants, (In(' for I..'xistillgjob~ (Exi~ling Job Cirallt~l ~lI1d Olle
ti.lr lie\\' .i'l"...; (NI..'w .11 I , (ìri.lnt~ I. ~Ind :'lll..'h J(lh (ìnllll.'> \\'iJI hI.' ,IS #(111(1\\'",,:
1. For L';'H.:h pl..'rmalll..'nl City re....id~Ill "ho \\';¡~ employed hy I :HS at 1I1L'
Facility for al kast Onl' Yl..'ar prinr 10 JlIl1~ 2X. 21l1l5. in iI p~ 'milnelltly
....Iilrr~d. rllll-til1l~ job p{)~itilln as rL"lL'lTL'd tl.l ill Sl..'clion 3 or lhi:-; Agrl..'l..'ll1l'.11l
and who is employed \\'ith t.lllS at th~ Facilily at thc linlL' of lhl..' L:HS
grant rL'quc:-;llo thl' IDA. l:HS may r~qllöt (1'1.1m th~ 1D.-\ an Exbling. ,Ioh
(ìranl in thl..' amtlunll.lr ~:'i()().OIl. pro\'id('d tht' total of illl such Exi...ting Job
Grants shall not excet:'d a tplal of .~:'i().()()().()(). Prm ilied fUrlh~r lhal any
I'I..'qllL\"1S Ii II" "'lIch Exi...ting .Ioh Grant..; mllst he 1ll:1IiL' 10 thL' ID;\ as 1',1\11.1\\,.';:
¿Ill Exi...ting Joh (ìrant rl'qllt~...t tll the IDA may bl;'" 1llild~ 11111)' \\'h~n L:IIS
ha~ tWI..'llly-lï\'\..' (2:'i1 Ilr morl..' :'lll..'h Cily rl..'sidl..'nls \\'ho Illù'l thl' aht\\"1..'
rcquirl'lI1l'l1h. and wlttl arl' \\ork.in,µ- at lhl~ L1Cility al th~ tilll~ pI' ~lIdl ~ral1t
rl..'quL'~l. or fllr addiliollal iUI..TI..'III1..'nls \If 1\\ (,Illy-IÏ\"(' (25) (II" I1Illr~ I.lf ....ucil
1'.\1111('1:\11 . l\l'~l"'\11 1;':'"\[ Ill. .\1.....· :\T"IlT\II":",I'[ ]"1"'.'\('1 IS I','r:'''f ::.lll,,' .\:~r.,,·.':"II' , '\'
3
hirt-e...; nll lal\..·r than JlIll\..~ 3(). 2()()h. For all~ lxi\ting .Ioh (ìrant r\..~qu\..'....t fllr
Il's~ than f\l./enly-lïv\..' (2) I such hirees. il shall h\..· macll.?' Oil .lUll\..' 3(). 2()1)().
hll" purpn:>.t:s (II' l'Iarificatinll. CHS may ...ubmil all Exi"'ling Job (iralll
!"\..·qUL·:-.t tll Ihl.:' 1))..\ \1I1 .hlll\..· I. 200h. r(lr an illt.:I"\..·ll1\..·llt (II' less than ~) of
slldl hin:t:s. ;\11 ...uch Exblillg lob Grant I"\..·qut::,t:, mu:>.t be for :>.eparat\..'.
pennilllL'nl Cit~ n.~:-.idel1t:>. alld no indi\'idual nla): be duplicatl'd in any of
the requests hll' ;.II1y .Jllh (ìrant pro\'ided I'llI' in this A¡!reell1ellt. :\n)'
reqllöts rllr E\i:-'lillg 1(,11 Grallls alkr such period or li!TIt: will IIllt be
c\)nsidered. l:nS 1l111\t fmni:-.h sul1ïcient dtl\..·umclltaliull tll th\..· ();\ and
thl' City to \lIpptlrl allY r\..'quL'sh ror I:xi....ting .lob (ìrants and the re-qlll'st
lrocedm\..'."i rde-lTl'd hl hebn\' will hc fullllwed. FlIrtherl11llr~. Iht: tl'l'In
nrerllli.lIlellt City I"esi(knl" shall mea II a person who rL':,idL':-' ill thc City at a
pel"manenl Cily i.lddress accllrding tll such pl·r:>.llll·... l'UITCIlI 1L'rS\lnlll'l
rl·Cllrd. (-"or tile purpll...e of lhi:-. Sl'C(Î(ln (l(' I. ;\ pL'l"l11anl'IH City l('sir/ellf
hired tln or alkr lunL' ~x. 2005. lllay.Dl!! hI.:.' int.:lutkd ill :-.lIch E.\iSlillg .h,b
Granl re-l}ul'SI.
,
hll'l'adl 1l'rmancnt ('it) I"l'sidl'nt hirl'd fllr \)nc of th(' Il~\\'. permal1\..'lltly
staffed. fllll-{inw job pn,'.¡iti/lIJ...; ..IS rt'lt'nù' to jn SL'L'Iiol1 3 tlf ¡Ili....
i\gn:e-I11L'nl and \'..h\l i:-. L'l1Ipllly~d with tIllS al thl' hlcility for at least Pill'
y~ar from ¡he timl' :,ul'h 1l'rsllll wa... hired hy UHS ¿I lilt whll i.... ;11"1)
el11pl\)YL'l1 \\'Îth UHS at the [o'acility al thL' lil11L' \11' the UIIS g.ri.lIlt reqlll':-.l tll
Ihl' IDA. UHS Illay reqllöt from the IDA a :'\l'W lob Gr¡¡nl ill Ihl' al110unt
tlf >500.0(), pnwided tht' IPlal \)f all :-.uch New JI,b Grallts shallnllt exc('t~d
i.l Illlalllf .))().()()().()(). 1'J'tl\'ided further thai allY requ('s{.\ fIll" such NL'w .Il1h
(ìrant:-. must hl' madl' to till' IDA as follows: a :\'e\\' loh Grant reqlle-:>.t III
the 11>/\ may be- ma(h.: only whl'n UHS has twemy-fi\'c (2)1 or 111\)rt: :,uch
Cily rL'sic.knls who 1llt.:'L't th~ abow r~quil"\.'l11l·llls. and whll arC' working al
the Fal'ili¡y althl'liml' \l "such gram reqllöt; Ill' fllr inlTl'l11ents III' lL'ss thi.1Il
t\":enty-fi\'e 12:1) ...uch hirL't.:'s a :'\l'W lub Gralll R.1.?'( uest ma)' nnly he madl'
Oil June 29. ~llllh. f)el·emh\.'r 27. 2tJlI(1. JUlle 29. 2()()ï. Ilr Dl'L'L'mhl'r ~7.
~()()7. I-"llr pllrpo:-.~... \l ' l.:larifkiltillll. l.:HS may submit a Nev. lllh Granl
request 10 thL' ID/\ on .IUIlL' ~l). 2()()h. December 27. ~f1(J6. JIIIlL' ~Y. 2111l7.
(lr Dl'ù'mhl'r 27. 2(){)7. rllr all illLTl'lllem of kss Ihall 2) or :,udl hirl'ö. All
....Udl N~\\' lob Urallt requt.'st...; must hL' l'\lr separi.ltl'. permanent City
re....idellh alld 11(\ indi\'idllal may he dllplil·i.llt.:'d in any (II' thl~ r~quör.... for
any .h1h (ìrant prll\"ided for ill thb Agr~~ment. Any r~LJuL'st...; fur Nl'w Jnh
Grant\ aft~r SlH,:h p~rind of time \\'illllot hl' l·\)I1siderl·d. UHS IllU\t furnish
sullil'il'nt dlll'lImL'nlatioll 10 lhl' IDA and the ('it) to ...uppnrt any rL'lIUL'."; :-'
till New .Ioh (¡rants and rht:' rt:'quöl pmù'dur\..':o:, I"l'lt'rrl'd fo ;")\I\'~ \\';11 h~
ftllltlwed, Furthermore. the lerm "pl'nnanelH City rl'siliL'm" :-.hi.lll mean a
p~rs\ln who rt'si{ks in rht' City at a pl'r1nancnt City addr\..·...... according III
:-.uch pl'r:-'\)!1's currenl 1l'r:>.onnL'l rt:c\ml. For UIL' purpo~e of thi\ S~L'tioll
hfBH2). (lnl)' il permancnt City r~sidell1 hirt:'d llll or alkr lunc 2~. 2n():'i.
may bl' includt'c in ."illell ~t'w .Ioh GraJlI rt:qul'sl.
l' \lll)(1 \11:-I\Ct..IS\ll.:·U·I,;\],r"I(.\I.S,,1 '\1 ':1111'\J"'I..:,I·I'I'h""::\lIH~ 1''':II''IIl!,~II~:': "\~I':"'III..:nl .1'-";
-+
~ ThL' grant n..'qll~....t pnIL'L'durL" i:, that the \\Titren granl rL"quL"stt:,1 frllm 1I11S
III IhL'" IDA rllr the gram fllnd~ \, ill he in ¡¡ ftlrm apprllwd hy lh~ ID.':'\·s
L"lllllb~1 and "hall ctllltain ~lIffh:i~ll1 inrllrmaLitln tll <11111\\' th~ ID:\ III
l.·.·.;¡ahlish that UHS has Ilk' I IhL'" .Inb Gralll r~qllirt.·ml.·nl~ Ill" Ihis Agrl."l·nll"lIl
for I Ill' jnb:-o I"or \\hkh a gram i:, bL'ing r~qllöted. Thl' IDA may
di~appn1\e any reqllöt that dllL'~ IIllt l'omply with thl." requiremelH:- of this
AgrL'"l'lIl~1lt Ill' reqllir~ thai a rc\"is~d rl'l ue.'\t be submiuL'"d. Alkr the IDA
appro\"t.'s a I"l'l uL':-oL the..' IDA will make ~I \\Tillt'1l reqtlL.'sr to rJlL' Cily fllr Ihl"
distribution 10 IhL' IDA Ill' Ihal pllrtiull nl" the City's apprllpriatioll. ThL'"
IDA \, ill prnC6.'; the..' lJHS grant re..'qll~.;t wilhin I-\. \\'orkillg~ da~~ aft~r
rl'ccipt Ill' :-ouch rL'quesl or IHltify lIHS ir appnl\'al is nllt g.ralltL'd. Tht.· 11)/\
\\ill make any apprll\'l"d payments t~1 l'HS wilhin lhl" latl"r \II' IiI I-\.
\.\"(It"king day:-o rnll1l appl"ll\'al \If tht' reqllöt {Ir (ii ) :) \'llrking days h\11ll th~
dalL' Ill' n:cL'ipl or the rUlld~ hum rhl." Cily: pnl\ iJe..'ll. thl\W\~r. that th~ IDA
ha.... nn liahilily ill the e\'clll thc Cily del..¡ys pnlce..;sing the I))A'~
rùllli....i¡i(Jl1. UHS \\';/1 hnther prO\'jdl" I1tllh the IDA and rhe City wilh a
tïllal repllrt (If l:HS'~ compliancc \\'ith all ot" its Ilbligalilln:-; undl'r lhi....
!\grel."mcnl. such repllH 10 he made 1l01alL'f lhan Dcc~lllbe..'r 27. ~fI(l7.
SECTIO"l 7. REPORTS TO THE CITY.
t:IIS agree... to r~port 10 and pruvide..· lhc IDA ~lI1d the City Oil or hl·rllrC Dl'ccmhl'r 27.
~()1l7. a rillal rl"pllrl wilh sulli(..:i~nr information relalcd 10 UHS·..... l.\lmpliance with Ihe..·
(:ol1d;t;ol1s (If thi.\ Pcrfl.'nl1i.I1le..'l· /\~rl"e..·lTIl"JJI ilnd to pro\·ich.:' :¡pprllpriatL" dlH..'LllllL·nlatitln In
support such cUlllplialll:r. CHS al....(I agree" 10 allnw Ihl.· IDA. the..' Cily. and/Ill" Iheir
rl!prest·lllativl.· III inspe..·l·1. audit. cnpy. Ilr l'.\alllille ¡lilY rele\'ant books. dOl"lllllcnts. Ilr (llhL'f
r~k'\'allt n¡;.¡te.."rial iIlC(lnll~L'tioll therewith uplln wriLtl."1l rcqul·~t h) tlw IDA OI" the City. All
SUdl dlll"lllllCnls. informi.Hilln. l\r iKÙ'SS ....hall he provided or madl." a\'ailahlc..·. at no cu~t lo
the IDA. nf City, within thirty (Jill day.... of a writll'n rl"quc~t from either the IDA or thL'
Cily.
SECTlOI\ H. II\IlEM"IITY.
UHS agrl.'e:-o In indemniry and hold haflnl~........ Ih~ ID.:\. tht.' City. and their (lllicl.T:'.
difl"l'lllr~. and clllploycl"s rfe..·l" and hannle.'\."; for and from any and all daims. L'aU:-;l'S nr
adilln. damagl':' Ilr any liabilily l\r any type. induding rea"tlnahle attorney's fee~, llll
ac\,:ollllt of ~\TlY L'laims by or any injury Ilr damage It I any pl'rSIlIlS Ilr pl"llperl~ growing IlUt
or or dircclly Of indircL'lly fcsullin~ Of arising ill allY \\ay out of any adi{ln". omi:-ositllb.
Of' al,ti\'itiö {If llHS or ih ag~nls, t'Tllplllye6 Ilr rL'prc:-;l'IHalivL'~ arising llul Ill' llr
cllnllL'clùl in '-lilY way tn any llf the malleI'S ill\'ol\'~d in the default of Ihis ¡\grt'~m~nt
and/or in its p~rf(lf'l1lilnce.
SHTIO"l9. CO:\II'LL\NCE WITIII.A\\'S.
tnlS agree:-. {{lctllllply \\'ilh all applicable federal. :-otate, ¡¡nd IOl.·¡i1 law.'; and reglllali~lrh.
l' \[ J( Illl~lI: -1\l·\l:~~11.:11If:\1 / ll' .\[ 'i.. 1\"["'·IllI'\Jilll.',11'1 1>';.'\111.... 1',·rlllrm.I~:, " "¡~r""III<'1I1 ¡I,,,
5
SECT!<):\ Ill. COOI'ERA T101\.
I~al,,:h pany agree.... to l.'\ltlpCTal\..' with thl~ lither in l'xL'nuill,:! any dtlClllllL'nb Ill'l,.'l'ssary ro
carry {lut Ih\..' iIltl..'nt ¡Inti purpllS\..' nf thi... t\grú'Il1L'l11.
SECTlOI\ II. SEVt:lUßILlTY.
If any terlll {l¡' ¡hi:-. A~re~llk'nt i... IllUllli III h~ !,,(lid (lr ¡ll\·~llid. ."llc,:h im';llidily sh.lll IJol
alTL'l't Ihl' r~lllaining tCrIIl:- of this :\grt'l..'IllL'1l1. \\"hich ..hall continu\..' ill full force and
('freer. Till' Pi.lrlil'S iJl{('nd that IhL' rrll\'i:-.iol1s (If this i\grú'll1l'llt ill' ~Il llrct'd 10 Ihl..' ful!rst
t.'xlL'nl rL'rll1ilt~c1 by :¡ppliL'a\ìiL' law.
SECTlOI\ 11. ,\LTIlORITY TO SIGI\.
The pC'r~tlns who 11<1\'l' e.\t'l,,:uled thi:-- AgrcC'IllC'1lt rcpre."L'1l1 and warrant that they an...· duly
authnrilcd {(l t'.\ú'uh..' this AgTl2'l..'mt:'iH illlhcir n..'pn..·.'iel¡l.lli\·L.. clpClcilie... ~l.'" jJJdic;¡tl~d.
SE('TIO"l I.'. COl.:"ITERI'ART COI'IES.
Thi:-. A~n~cl1ll.?'nt may hI..' L·.....lTUll·d ill uny 1ll1l11ber or l"(lunh..'rpart t,;l1pies. t.'~h.:h ~)r which
....hall hc dl.:l·l1l~d all nrigillal. hut allllr whi,,:h togetlk'r ~hall t.:nlbtilutl';¡ ...inglt.' inslrunll'lll.
SECTION lot. SUCCESSORS.
The {('rillS. l.'\lndilitll1~. provi:-.illlls and undertakings \)1' lhi:-- Agr(,~lllent ,.;l1a1l hi...' hinding
upon and inure 1\1 the belh::,tïr PI" L'adl ¡If the partie.... hert'ttl and Ihl..'ir rL':-; lI..·(.:li\"(' SlIL'\.:ÖSOI"S
and i.I:,,,igns.
SECTlO:\ 15. NONDlSCRIl\II"1ATIO"l.
A. I)uring tht.' lL'rf¡lrJ1UI1l'I..'l,lfthi;õ. Agrccmt"llt.l:IIS agn.:'l:s a~ flllhH\"s:
I. UHS will nnt dis<.:riminatl?' again...' any L'mplllYCl' Ill' applil.·¡¡nr fur
employment hCl.:ausc or r¿H.:t:. 1"('I¡giOIl. ....olor. s\..·.\. national nri!!in. age.
di...ability. Ill" any {lthl'f ha:-.i:-õ pr\lhihited by stall.' law 1\.'laling III
di...criminatioll ill employmL'll1. L'xù'pt \\·twrc- thC'rc- b a bOlla lïc.k'
(lL'L'upalinnalqualilÏt:<llillll J"C'asllnably lleL'e.,sary ItllhL' nnrmalllpcJ'''ltion pf
L:HS. 1I11S agrees tll post in L'llll:,piL'lIOllS plaL'l.~"" <I\'ailable w e-lllploYL'L':o.
and appliL'anls lilr Clllplo) men!. Hotke.... ~etrillg forth thL' pnn'isillll'" of 1hi....
IHlIHlisL'rilllinali(11l L'lau:o.L'.
II. UHS in all ...tlliL'ilali(lIl.... tlI" <Id\'L'rti~C'lIlellh for elllployt.'ö pl'IL'cd by Ilr till
he-hall' tlr UHS will slalL' that L:HS is all c-qual opportuniry C'lllploycr.
l '.'111 ){:IIMI"-I\( ·'l~\II.(~III\[.l It ·:\I.~~ 1\l":IIII"JlIII..:.I·!·H,I''::\UH:-' 1\'J[:IIIl:,:IIÚ' .\~I.'l·lIll·l:;.d,..:
n
III. \,pticl..':-'. <Id\·~rlist:'ml.:'nb, and s(llit.:ir;uilln:-. plat.:~d in i.ll'l.:ordant.:l' \\ilh
fùkral law. !lIle or I\.·glllatilln shall bL' (kl'lll~d ....ufficiL·nt fllr thl' purp(ISt:'
Ilf I11l'L'lin~ till: rcqllirt:'l11l'nls nr thi:-. :-'è't.:tilln.
R. llHS \\ill ;nt.:llhk thl' pnl\"i:-.iIII1S uf ¡hL' hlrl'glling Sl'cti\ln A Ii, ii, and iii) inl'\'L'ry
...ubnllHr<lt.:t or purcha:-'l' tlnlt:'r Ilf \l\'l'r S!().l)t)(), rdall'd III the Facilily :-.n thai rhe
pn I\·i"illll."; \\ ill bt:' binding lIPI)lJ ~adl :-.ubc{lntraclllr II]" \·t:'lhhlr.
SECTlO!\" H,. DRlIG-FREE \\'ORKPL\CE.
1\. During Lhl' pl'rf'\ll'm;lIlCC of this A~rl'~I1lè'nr, I :IIS agre~:-. tll (i) pnl\'i<k' a dru~-rr(:('
Wtll"kpli.ll'l· rllr UHS empItIYl'l':-': Iii) PIIS' in Cllll:-.pil'lIIIUS pl:u.:ö. a\'ailahll' hl
l'llIpIIlY~I.:'.... and applicants 1'01' è'mplllynll·nt. a ....lall.?'llk·nt Iltltifying ~ll1pIIlYt:'t:'s that
tIll' unlawrul lIIanllfadurl.:', :-.ak·. di...;tributioll, dispL'n:,atioll, pos"~:-.sion. or lISC \If a
1.'{ll1trlllkd ...;ubs(anù' 11(" marijuana is pnlhibitl'eI in till' \\'tlrkrlat.:1.:' and :-.pecifying
th(' acti(ll1:-. that will hl' tah'n against clllpIIlYl'L'S (or \'ioJatitlns or such prnhi/lirjon:
(iii) ....I¡I1t:' in all s\)liL'ilalinns or ad\·l·ni:-.cml·nls for I.:'l11ploYL·CS plan.'d by (Ir (In
bt.'halr llf l;HS that UIIS maintain:, a drug-free workplacc: anel (i\'1 indudl' I Ill'
pnl\'isillll:-' Ilf Ihl.:' fllrl.:'gtling l'Iallsc", ill e\'c:-ry :-.uhcontraL'lllr purl"ila:-'l' llrl.kr or mer
.~ III.OllO. rl.·l<.Itl.:'(\ tll the Pal'ililY :-.\) that the provision:, will b~ binding upon l'ach
sHbulntral'tllrtlr \l'ncltlr.
B. Pur till' 1Uq)\I:-'l'S Ill' lhi~ ....eL·th.lIl. "drug frl.:'l' \\"tll'kplacl'" Illl'ans ;¡ :-.ile fill' till'
pl.?'rfonnanl'l· of \\'Ilrk dlllll.' in L'pnneclitln \\ ilh a ....pccific ulIllral'l aWi.lIlkd to a
L·olltral'tor. Illl' l'mploYl'L:s Ill' \vhom are pmhibill'd fl'lllll engaging in thl' llllla\\' 'ul
manllfacturl·. :-.ail·. dbtrihlllillll, dispen...¡alitln. pl)ss~...:-.ioll (lr USL: Ill' any clllllrollt"eI
:-.ub.' 'lIl(.·l' I If" 1ll;lrijllana during Ihl.· Ill'rf'llJ1nalll't:' {)f thL' Clll1(ral'l (II' i\g.r~t.·llleT1l.
SECTlO!\" 17. ASSI(;~MENT.
LIIIS agrL'ö nllt l\) assign Ilr tral1...r~r any pari uf this Agrcl.:'llll'llt withuut thL' prillr wrill(,1l
Ctlns~nt or Ihl.:' IDA and tht:> City. and uny :-.ut.:h a...;sigIl1llent willn\)\ rcli~\'~ UHS from any
Ilf its obligalilll1s IIIIlk' " lhi:-. ..\gTl'l.:'ull'nr.
SE(,TIO!\" Ill. FORDI SELECTlO:\ AND ('HOICE OF LA \\'.
By vinuc Ill' l'nll'rill~ inlll this Agret:'ment. I:HS agrl'l'S ~lJId :-'Ilhmib itsl'lf ltl a U\urt \11'
cllmpl.?'knt jurisdi(,:lion in the Cily {II' Roallok~, Virginia and funlwr ag]"~es that thi.";
¡\grl'l'llll'nl i.. cllntrlllk'd by Ih~ 1;1\\":-' Ilf thl' Comlllt n\walth of Virginia and (ha[ i.III
c1ailll:-.. dispu(l'...¡. and ntlll'r Ilwttcr... shalll.'t.' del'id~d only hv :-'lIl·h COUrt aL'l'llrdin~ 10 thL'
1:1\\':-' Ilf Ihl' CllmmilIlwt:'alth of Virginia.
~. \[ ( Il'llMI: ·- ·.l'~lStl.l .II!~)'J.1 Il' .\I.s·· '\1 .'1111'\11"1;;-1-1 "'·<¡2\lIH.... [\'1 r"rlll:II.:" :\!~r",·III,·llI ,:. ~
7
SECTlOl'i 1'1. NOl'iWAIYER.
Eal.:h pany agrl.·c:.... thaI any party'~ \',:ai\"l:r Ill' failure 11ll'llrtln.:~ Ill' rL'quirL' p~rf(lnnanCL' or
allY ¡l'rnl (II" l.'\lIldili(l!1 Ill" lhi... ..\µf'è'I.:'IllL'nt \If any party·.... \\"i.lin..' " \If any panil'lllar breach {If
thi... A,µr~t:'I1lL'nl b~ all~ tlth~r parly ('.\1('1](.1.... III that iIlSlal1L"~ only. Such \\'ai\"er (lr failun...· b
Illll and ~hall not hL' a "'ai\"l::~r IIf allY llf till" terms \)1" L'lllldili\1I1S (If this Agr~ement or a
\\'~Ii\'l:'r of :111) Illhel' brt'~IL'ht.'.~ PI' ]hl~ i\~lù.·l11l'nl by any party and dlló no! bar thl'
Ill1ndl"faulting. pany frtllll requiring the def~llIlting party tll comply \\ ¡Ih all the tt'rl1l~ and
conditiolls or this Agr~emt'11I and dlll'.... nol har tl1l..' Iltllldet'auhillg party fr\llll ;¡è\st:'ning any
and all righl'. and/llr rL'll1l'dies it ha." Ilr might ha\'~ ag;lin~1 thL' c.kfaulting parly undc;r thi."
l\gr~t.'n1l..'nt nf by 1;1\\'.
SECTIOl'i 20. CAPTIOl'iS Al'iD IlEAIlINGS.
Th~ sú'tinn captiol1" and hL'aJin~.... ar~ fur L'ol1\'l'lIie-lIl'¡;O and rt.' 't.'rl'nc¡;o lllr .lp....t:'s and :-.hall
Ihll aff~ct in any way Ih¡;o l1l~aning or interpretation {I ' ¡hi.... AgreeTllt.'111.
SECTION 21. '\OTICE.
t\lIllpliù':-' hcrellnder mllsl hl.' in \HÎtill~ and "hall hl' dl'e-lIIl~c1 \":ilidly g.i\·l'lI if s('111 by
ù'nilÏl'd mail. return rl'cl'Îpt r('qlle~t~d Ill' hy i.I nalionally r~ctlg.nizcd ll\'l~rni~ht couril'r.
addresscd as follows (ll ' any plhL'r addrl':-'~ ll ' tal'simik' nllmhl~f that the parly hl he
nOlilÏe-d lIlay ha\'e dL'sig.ni.llL'd III till" ~enlkr hy likL' ntlliL'~) or it ."t.'nl hy l'aoimik to thL'
rm:.....illlil~ IlUl11hL'r:-.d fllrth h~low:
II" lO Cily. In:
\\'ilh a l'OPy tll:
11"1" II.H I":
City l, ' Roanoke
City t\'lan<l,:!e-r
J6-l Not'1 C. Ta)ll\f t\'llllliL'ipal Building
215 Church :\ \"l,:~IlU~. S\V
l{tlallllkt:'. Virginia 2-l()ll
h.IX :\ll. 5-l()-X5~-113X
Dire-eltlr III' l)lannillg. Huilding and EClIIHIlllic DI..'\·cl¡lplIlcIlt
CityofR\I'IIlt.lkt.'
III Franklin I'la7". Snile ~1111
RpanokL.. VA ~-lt)11
h.1X No. .:'i-lO-X53-12 I.'
Chair. Indu:-'Irial I.)l"w'h)f1Tllt'llt Aulh(lrily
Of th~~ City or ROi.lntlkc. Virginia
l'Il1 II~L1\\L'lI t\'l. Darhy. Jr.. ESLJllirt'
filenll, Fl'IJI11~lnn. Darby l'\.: GU\idlalle
21111''jrst Str~t't. SE
RO;\Il11ke , VA ~-l() II
Fa.\ Nil, .:'i-l1l-22.t-Xfl5()
(','J)()('( \ll:-I\('f\I:';\ll, 111"'1,1 ll. ,\1 ...-1 ,r"I11I;"lllh',II'l-lI'¡"::\('IIS I\'IIIIIIII,¡¡;,''': ..\g:..:,'lLk'nld,..'
x
With a copy lo:
Har\\'l'1I ì\.1. Darhy. Jr.. E..qllil"t'
GIè'lln. Fcldlllalll1.l)arhy &: (jlllldlatll'
~!lJ Firs! Strú'l. Sf·:
Ro"lI1llkL'. V:\ 240 I I
F;¡x :\Il. 5..J.O-~~..J.-X())()
IfIll l'HS. h>:
l.Inil~d Ilcalthl'art' Ser\'iœs. Inc.
Atll1: Dirl'cttlr. ('orpClral~ Rl:ill E~lalL'
(Lana \\'c'berl
MN OOX-F30S
l)l)()() Brel1 Ruad Ea,,1
:\'fil1l1t'tonka. \1N 553..J.3
h.l..... N~). l))~-~).'ó-3h..J.~
:\Cllicè' shall be dc.:l~ml'd ~k'li\'l'rl'd llP'11l tht' dat~ of per"'~lJlal sl~n·iL'l~. 1\\'11 day~ aftl'r
dc.:pn~il in thl' t:nitcd Statt'.... mail. till' day alkr dL'li\'l'ry lo a natiollally l"~l'llglli/l'd
~)~'l:rnighr l·tHll"iel'. Ill' llpOlllhl' dalL' Ill' L"(1I1fïrminilln (If;¡ f;ll·....imile tran"'lllb~ioll.
SECTION 22. FAlTllllASE/) ORG.·\NIZATlO:"/S.
Pllr~llalll hI Virginia ('odl.?' Section 2.243..J.3.1. hL' ad\'isl.?'d thilt the Cil~ dOL'" nol
disniminatl.?' against railh-ha~l'd tlrganiz¡¡til1Ib.
SECTlOi\ 2]. AI'I'ROPRIA TlOi\ OF FUI\()S.
Th~ ohligation... (If lhl' City ill L'IIIlI1Cl:lillll \\'ith thi" Agrl'l'ml'nt "H·t:' Sllbjl.?'l·1 tll Ih~
¿¡\,;lil;¡bilily nf fund... and thc apprnprialitln hy City COllllL'il (If such rlllld~ a" may ht.'
nl'l·l's...ary fIll" such llblig-ali11lIs.
SECTION 2ot. ENTIRE AGREDIENT.
Thi~ AgrL'L'ml.?'llt l'{lIhlilllll'~ the l'nlir~ a¡;rè'~Ill('nt nr lill' panics and sllpt.'rsedl.?'''' all prior
ag.r~cmt'IIt.... bl't\\l'l'n thl.?' partiö. :\11 a lI1l'nd ml.?'n I tn thi." :\grt'enwllt \\ ill bl' \·..lIid lInlt:'S~
llIaJl' ill \...-riting and ...i¡;lll'd by thL' appropriate p;¡rlil'~.
IN \\'ITNESS \VIIf::REOl:. lhl' parries ha\c ('x('cull'd this AgrL'~l11enl by thl'ir authtlrii'ùl
rl.?'preSè'lllilti\"c.:....
SIG:\.o\ TJJRE 1'.-\(;1-: TO FOI.l.O\\'
l::\lll )l·l.:\lI:··I~~ '~lS'll (o(ill\1 ()I_ .\I.~··I \1 ~·IIII'\II.'I"nT'w~\~ . H.'" 1\'11011'111:1::. " A¡:r""I1I,'11l d....:
y
,\rIE~T:
l\'¡ary F. Park,'r. C;,,· Clerk
WITNESS:
PrinlL'd :\alll~ and Tilk
WITNFSS:
Printed Nalll~
;\ppnn'C'd ;I.... hI Form:
City i\rhlf'ney
..·"\ppnlpriatill!1 illltl r~l~l~~ ~{L'l)uirl~d rIll'
rhi." ('Plllracl Certified:
Dirl'Cllll" Ilf l:inanL't.'
Date
i\t.:ct.
CITY OF IWA'iOKE
Hy:
City ~.'1al1ag\..·r
INDUSTRIAL DE\TI .OPMFNT
ALTHORITY OF THE
CITY OF RO¡\'iOKE. VIRGINIA
Lk
Printed Naml' and Title
U'iITED IIE,\LTHC\RE SERVICES.INC.
By:
Printed Nal11L' and Title
AppI1l\'t'd as III L.\l~cllli(ln:
Cit\' ..\lIllrnL'\"
. .
C:\lj(ll"llfl,IL - 1 \C.\I.\\! I : 11:\ 1\1.1)( . .\1 ...; ~ I \1 :"1111'\11' 'I..,I·J I !,"~\UI ['i I\'r!", 'T11l.,ll. " :\!~r'·'·III<·:;:.,J,..·
(_~~Ieted: I
J
. Formatted: ~ustlf.ec1, W¡,.l'Jw!(;rpnðn .
œr;lrql
\.-..
III
Grant Request
This Grant Request is submitted pursuant tP that Performance Agreement dated
. 200_ (the "Performance Agreement"). by allll among. Ihe City of
Roanoke. Virginia. a municipal corporation (the "City"). United HealthCare Services.
Inc.. a ~1inncsota corporation authorized to transact husincss in Virginia ("UHS"). and
the Industrial Development Authority of the City of Roanoke. Virginia. an industrial
development authority organized and exisling under the laws of the Commonwealth of
Virginia (the ""IDA">. Capitalized terms used. but not defined herein. shall have the
meanings ascrihed to such lerms in the Per(Ùrmance Agreemcnt.
The Performance Agreement provides that UHS may draw as an economic
development grant from Ihe IDA such funds as arc provided to Ihe IDA by Ihe City in
an amounl not 10 exceed a Iptal of $100.000 from City provided nlllnies. so long as
such granls arc requested no later than february 1. 200X. and UHS has complied with
the terms of the Performance Agreement.
Such Economic Development Grants consist of the 1()lIowing:
Up 10 $100.000 in City of Roanoke Funds provided to Ihe IDA 10 be awarded 10
UHS for job grants once UHS has dem(lnstrated that il has met the requirements
of the Performance Agreement for such job granls.
UHS warrants that it has complied. or will comply. with all of the terms and
conditions of the Performance Agreement.
Amounts previously paid in New .lob Grants lotal $-0-. The amount of this New
Job Grant Request is $ . The total remaining amounl to be requested by future
New Job Grant Requesls is $_ ___.
Amounls previously paid in Existing Job Granls tolal $-0-. The amount of this
Existing Job Grant Request is $ . The total remaining amount to be requested
by future Existing .Ioh Grant Requests is $
We respectfully request that the IDA process this Granl Request through the
Cily and hy sending copies to the Cily Manager and the Director pf Planning. Building.
and Economic Dcveloplllenl al their respective addresses sel forth in the Performance
A!!reement. and in accordance with the terms of the Performance A1!rcement.
. .
UNITED HEALTHCARE SERVICES. INC.
Date:
By:
Printed Name and Title
C:\f.)()Cl.r~IE-I\C:\ISr-.ll.fl(lfl\LOrAI.S·-1 \Tl'mp\nl'll·.~F¡'=H,1}2\I.IIIS Grolnt Rl°l lll',t f!lllll.I)()C
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
June 26, 2006
File #24-429
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37448-061906 amending and reordaining
§22.2-2, Definitions. and §22.2-31 , Restoration of beneficiaries to membership, and
adding a new §22.2-34, Prorated creditable service for less than full-time work,
Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, effective July 1, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~-' ~.~hV
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
l:\ClERKlDATAICKEW 1 \AGENDA CORRESPONDENCE'agenda correspondence 06IJun 06IJun 1906 corr.doc
Jesse A. Hall
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief 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 HonorableJohn B. Ferguson, ChiefJudge,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
Ronald S. Albright, Clerk, General District Court .
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Darlene L. Burcham, City Manager
Kozuo Webb~ Office of the Magistrate
Lora A. Wilson, Law Librarian
Sherman M. Stovall, Director, Office of Management and Budget
Carolyn Glover, Acting Director, Human Resources
Andrea F. Trent, Retirement Administrator
Marvin T. Thompson, Superintendent, Roanoke City Public Schools
Gary L. Robertson, Executive Director, Water Operations, Western Virginia
Water Authority
Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia
Water Authority
L:\CLERK\DATA\CKEW 1 \AGENDA CORRESPONDENCE\agenda correspondence 06Uun 06Uun 19 06 corr.doc
Jesse A. Hall
June 26, 2006
Page 3
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport,
5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148
Alan Hullette, Superintendent, Roanoke Valley Detention Commission,
498 Coyner Springs Road, Roanoke,. Virginia 24012
John Hubbard, Executive Director, Roanoke Valley Resource Authority,
1020 Hollins Road, Roanoke, Virginia 24012
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Uun 06Uun 1906 corr.doc
t-~
.J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37448-061906.
AN ORDINANCE amending and reordaining §22.2-2, Definitions. and §22.2-31,
Restoration of beneficiaries to membership. and adding a new §22.2-34, Prorated creditable
service for less than full-time work, to Chapter 22.2, Pensions and Retirement, Code of the City
of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second
reading by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 22.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of
the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§22.2-2 Definitions.
* * *
Earnable compensation shall mean all usual and regular
compensation from a participating employer plus salary
supplements and the participating employer's contribution to the
deferred compensation plan established under Section 457 of
the Internal Revenue Code of 1986, as amended, excluding
overtime pay, imputed income under Section 79 of the Internal
Reveriue Code of 1986, as amended, and any lump sum
payment made upon separation from service for unused paid
time off or for unused extended illness leave pursuant to
regulations promulgated by the city manager, in the case of a
city employee (or by the governing body of any other
participating employer in the case of an employee of such other
participating employer), in whatever manner paid. In cases
where compensation is not all paid in money, the board shall fix
the value of that part of the compensation not paid in money.
Earnab]e compensation shall include compensation subject to a
salary reduction or deferred compensation agreement between
an employee and the participating employer pursuant to Section
]25, 132(£)(4) of the Code (for plan years and limitation years
beginning on or after January 1,200]), 402(g)(3) or 457(b) of
K:\Measures\Code Amendment 22.2 Retirement 2006 .doc
1
the Intcrna1 Revenue Code (and elective deferrals or
contributions under any other sections of the Internal Rcvenue
Code covercd by Section 415(c)(3)(D) of the Internal Revenue
Code), which cornpcnsation is not actually or constructively
received by the employee.
III the case of a member, other thall a member of city coullcil,
whose regular work schedule is less thall that of an employee
cOllsidered to be full-time under the participating employer's
personnel policies, such member's' earnable compensation, as
defined above, shall be deemed to be the employee's actual
earnable compensation, as defined above, multiplied by a
frac/ioll consisting of (J) the number of hours in the regular
work schedule of all employee considered to be full-time under
the participating employer's personnel policies, over (2) the
Ilumber of hours ill the member's regular work schedule.
Eligible employee shall mean:
(I) Any officer or employee of the City, the Roanoke Regional
Airport Commission, or the Roanoke Valley Detention
Commission; except a part-time officer or employee (one who
is customarily employed less than twenty (20) hourS per week
or not more than five (5) months in a calendar year); and
(2) Police and fire personnel employed on or after the first day
of January, 1946;
(3) The city manager, city attorney, director of finance,
municipal auditor, and the city clerk (the "council appointed
officers");
(4) Every officer and other pcrson employed by the city school
board prior to Ju~v 1, 2006, who is not reported as eligible for
membership in the Virginia Retirement System or successor
plan except a part-time officer or employee (one who is
customarily employed less than twenty (20) hours per week or
not more than five (5) months in a calendar year), or, an
employee who is employed solely as a bus driver. No employee
of the city school board hired on or after July 1, 2006, shall be
eligible to participate in the city plan;
(5) Every employee of the Roanoke Valley Resource
Authority who became an employee of such authority upon its
creation pursuant to the terms of the distribution and
indemnification agreement dated October 23, 1991. No
K:\Measures\Code Amendment 22.2 Retirement 2006 .doc
2
additional employees of the Roanoke Valley Resource
Authority shall be eligible to participate in the city plan;
(6) Every employee of the Roanoke Valley Detention
Commission who became an eligible employee pursuant to the
tenns of the agreement dated October 7,1998; whether or not
such employees meet the criteria set forth in clause (1) of this
section; and
(7) Constitutional officers and employees of constitutional
officers who by contract with the city are included in the city
plan.
(8) Every employee of the city who becomes an employee of
the Western Virginia Water Authority as of July 1, 2004, shall
continue to be a member of the city plan. No additional
employees of the Western Virginia Water Authority hired on or
after July 1. 2004. shall be eligible to participate in the city
plan;
* * *
2. Section 22.2-31, Restoration of beneficiaries to membershio, of Chapter 22.2,
Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
§22.2-31 Restoration of beneficiaries to membershio.
(a) Should a disability beneficiary under normal retirement
age be restored to or be in service at a compensation equal to or
greater than his average final compensation at retirement
(adjusted by any cost of living adjustments granted since his
last day of service), or should any other beneficiary be restored
to service as all eligible employee prior to his nonnal retirement
age, his pension shall cease and he shall become a member of
ESRS. Anything in this chapter to the contrary notwithstanding,
any prior service certificate on the basis of which his creditable
service was computed at the time of his retirement shall be
restored to full force and effect and he shall be credited with all
creditable service as a member standing to his credit at the time
of his retirement; provided, however, that his pension upon
subsequent retirement shall be no less than the sum of' his
previous pension plus the amount computed on the basis of his
K:\Measures\Code Amendment 22.2 Retirement 2006 .doc
3
creditable service and earnable compensation for the period
after his restoration.
(b) Should any beneficiary be restored to service as an eligible
employee on or after his nonna1 retirement age, the pension
shall be discontinued during the period of restoration, and he
shall become a member of the ESRS but in the event of his
death during such period any payment under an optional
bcnefit, if one (I) has been elected and has become effective,
shall commence. Such a member shall be considered a new
member with respect to service rendered subsequent to his
restoration; except, that his nonnal retirement age shall be the
same as before restoration.
***
3. Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, is hereby anlended and reordained by the addition of a §22.2-34, Prorated creditable
service for less that full-time work, to read and provide as follows:
§22.2-34. Prorated creditable service for less than full-time work.
Effective for creditable service earned after Ju(l' 1, 2006, in the
case of a member whose regular work schedule is less than that
of an. employee considered to be full-time under the
participating employer's personnel policies (other than
members of city council), creditable sen'ice shall be a fraction
of a year based on the number of hours in the member's regular
work schedule over the number of hours in the regular work
schedule of an employee considered to be full-time under the
participating employer's personnel policies.
4. This ordinance shall be in full force and effect on and after July I, 2006.
5. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
~'M,~
~~ City Clerk.
K:\Measures\Code Amendment 22.2 Retirement 2006 .doc
4
CITY OF ROANOKE
DEPARTMENT OF fiNANCE
215 Church Avenue. S. W.. Room 461
1'.0. Box I ~~O
Roanoke. Virginia 2400ó-1220
Trlcphone: (540) 853-28~ I
Fax: (540) 853-6 14~
ANN H. SIIA WVER
Ilrpllt)" Dirc."rtor
cnHlil. ann_shaw\~r~{!"\'i n';ult1kC.\'¡1 us
.JESSE A. HALL
Ilireclor ur FinanC'("
em:u " Jesse. hall:ij:ci.rnillll¡kc \";¡.II~
June 19, 2006
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:
Background:
The City of Roanoke Pension Plan (the Plan) is a multi-employer Plan. The Plan
covers substantially all full-time regular employees of the City of Roanoke, the
Roanoke Regional Airport Commission, and the Roanoke Valley Detention
Commission; certain employees of the Roanoke Valley Resource Authority, certain
employees of the Western Virginia Water Authority, and certain non-professional
City School Board employees. Employees of the City Sheriff's Department are not
covered by the Plan.
The Code is periodically amended in order to clarify or modify prOVISions to
maintain equity and operational compliance with governmental regulations.
Considerations:
The Western Virginia Water Authority was created in July 2004. Section 22.2-2 of
the Code of the City was modified to provide for existing employees to continue
participating in the Plan and new employees participating in the Virginia
Retirement System. In order to add clarity to the previous modification, for
Internal Revenue Service purposes, an additional statement should be added to
the Code to indicate that "no new employees hired on or after July 1, 2004 shall
be eligible to participate in the City Plan."
Honorable Mayor and Members of Council
June 19, 2006
Page 2
Certain non-professional City School Board employees have historically
participated in the Plan while professional employees of the City School Board
have participated in the Virginia Retirement System (VRS). In order to maintain
consistency among all employees and provide comparable benefits, effective July
1, 2006, all new School Board employees will participate in VRS. Employees
currently employed will maintain enrollment in the City Plan until separation from
service or retirement. The School Board modified its administrative procedures on
March 7, 2006 to coincide with this change, effective July 1, 2006.
During recent years, the City has had several employees with full-time positions
who have worked less than a full-time schedule and received full service credit for
purposes of retirement credit. The current Code does not provide for a service
credit proration for positions eligible for the retirement benefit working less than
full time. In order to provide service credit consistent with service performed,
language should be added to the Code to provide for a pro-rated benefit for
employees whose work schedule is less than full time for that position.
Recommendation:
Adopt the accompanying ordinance to accomplish the following:
. Clarify that after July 1, 2004 no new members of the Western Virginia
Water Authority may become members of the Plan.
· Provide that effective July 1, 2006, no new School Board employees will
become members of the Plan.
· Provide that employees that work less than a full-time schedule and earn
pension benefits will receive pro rata service credit.
Respectfully submitted,
Q~4. ~
Jesse A. Hall
Director of Finance
JAH:ca
Attachment
Honorable Mayor and Members of Council
June 19, 2006
Page 3
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Carolyn S. Glover, Acting Director of Human Resources
Andrea F. Trent, Retirement Administrator
Gloria Simon, Ex. Director of Human Resources, Roanoke City School Board
George W. Scott, Human Resources Manager, WVWA
Dan Neel, Director of Finance, Roanoke Regional Airport Commission
Alan Hullette, Superintendent, Roanoke Valley Detention Commission
John Hubbard, CEO, Roanoke Valley Resource Authority
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
June 26, 2006
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37449-061906 appropriating
$400,000.00 from the Federal Government for School Food Services, and amending
and reordaining certain sections of the 2005-2006 School Food Services Fund
Appropriation s.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~a-~~ ¥'V1, ~c)-.;
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
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. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jun 06\Jun 1906 corr.doc
'0.')
\(" '
,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37449-061906.
AN ORDINANCE to appropriate funding from the Federal Government for
School Food Services, amending and reordaining certain sections of the 2005-2006
School Food Services 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 2005-2006 School Food Services Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
, Food
032-065-7588-6788-0602
$ 400,000
Revenues
School Food Aid
032-060-6000-0712
400,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
W'r.~·~M.~~
~ City Clerk.
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
AN:'oI H. SHAWVER
[)("lllll)' nirector
lom:¡il: ,1l1ll_5Im\\ \"cr!!i·cl.r'l¡lTlll~e.\·a.u~
.JESSE A. HALL
llirrclol" or l'innoce
clIlail:Jcssc halJ:i!"ci r,lõllll,kc.V;l us
June 19, 2006
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
SUBJECT:
School Board Appropriation Request
As a result of official School Board action at its meeting on June 13, 2006, the
Board has respectfully requested that City Council appropriate funding of
$400,000 from the federal government for the Food Services program to cover
current and projected expenditures until the adjusted allocation of federal
funds is received. The food services program has experienced significant
increases in the cost of food service equipment and supplies, fresh produce,
dairy products, and other food items because of the impact of hurricane Katrina
and the significant increase in the price of fuel.
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to appropriate this funding.
Sincerely,
/1" ¡j ,/ ,f/J
LfM-'U.- Ii' WvU'
Jesse A. Hall
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management and Budget
Marvin T. Thompson, Superintendent of City Schools
City of Roanoke
School Board
P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951
Kathy G. Stockburger,
Chair
David B. Trinkle, M.D.,
VIce Cl1air
Jason E. Bingham
David B. Carson
William H. Lindsey
Alvin L. Nash
Courtney A. Penn
Marvin T. Thompson,
Superintendent
Cindy H. Lee,
C1erÁ of tht} Board
June 19, 2006
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
June 13, the Board respectfully requests City Council to appropriate
$400,000.00 for the Food Services program to cover current and
projected expenditures until the adjusted allocation of federal funds is
received. The food services program has experienced significant
increases in the cost of food service equipment and supplies, fresh
produce, dairy products, and other food items because of the impact
of hurricane Katrina and the significant increase in the price of fuel.
The School Board thanks you for your approval of the
appropriation request.
Sincerely,
, :+t. ~a~
Cindy H. Po Iton, Clerk
re
cc: Mrs. Kathy G. Stockburger
Mr. Marvin T. Thompson
Mr. Bernard J. Godek
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr. Jim Newman (with
Accounting details)
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
June 26, 2006
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37450-061906 transferring
$1,150,000.00 from the debt service contingency for various funding needs, and
amending and reordaining certain sections of the 2005-2006 School Fund
Appropriation s.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006, and is in full force and
effect upon its passage.
Sincerely,
~~a.,;L--M.~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
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. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
L:ICLERK\DATAICKEW1IAGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
,,,')
~,,"' .
The 19th day of June, 2006.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 37450-061906.
AN ORDINANCE to transfer funding from the debt service contingency for
various funding needs, amending and reordaining certain sections of the 2005-2006
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 2005-2006 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Compensation of Nurses
Health Insurance
Compensation of Supervisors
Social Security
Retirement- VRS
Health Insurance
Compensation of Psychologist
Compensation of Assistant Superintendents
Compensation of Clerical
Early Retirement
Social Security
Other Professional Services
Conventions/Education
Compensation of Nurses
Social Security
Office Supplies
Compensation of Assistant Superintendents
Compensation of Clerical
Early Retirement
Social Security
Retirement-VRS
Compensation of Planning Assistant
Compensation of Bus Drivers
Compensation of Part Time Operations
030-061-7272-6672-0131
030-061-7272-6672-0204
030-062-7274-6674-0124
030-062-7274-6674-0201
030-062-7274-6674-0202
030-062-7274-6674-0204
030-063-7273-6673-0132
030-064-7264-6664-0113
030-064-7264-6664-0151
030-064-7264-6664-0199
030-064-7264-6664-0201
030-064-7264-6664-0313
030-064-7264-6664-0554
030-064-7270-6670-0131
030-064-7270-6670-0201
030-065-7261-6661-0601
030-065-7262-6662-0113
030-065-7262-6662-0151
030-065-7262-6662-0199
030-065-7262-6662 -0201
030-065-7262-6662-0202
030-065-7375-6676-0143
030-065-7375-6676-0171
030-065-7375-6676-0178
$ (75,000)
(25,000)
{25,OOO)
(2,200)
(2,800)
(3,400)
40,000
30,000
25,000
17,000
9,500
17,000
1,500
10,000
8,400
5,000
50,000
17,000
19,000
6,500
7,500
115,000
300,DOO
150,000
Early Retirement
Social Security
Laundry/Dry Cleaning
Insurance-School Busses
Vehicle and Equipment Fuel
Compensation of Other Professional
Workers Compensation-Self Insurance
Interest
030-065-7375-6676-0199
030-065-7375-6676-0201
030-065-7375-6676-0371
030-065-7375-6676-0539
030-065-7375-6676-0609
030-065-7480-6681-0138
030-066-7266-6666-0206
030-066-7700-6998-0902
10,000
30,000
23,000
9,000
213,000
50,000
120,000
(1,150,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
Wo~D .M. ~-)
~~CitYClerk. ,..
City of Roanoke
School Board
P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951
Kathy G. Stockburger,
Chair
David B. Trinkle, M.D.,
VIce Chair
Jason E. Bingham
David B. Carson
William H. Lindsey
Alvin L. Nash
Courtney A, Penn
Marvin T. Thompson,
Superintendent
Cindy H. Lee,
Clerk of the Board
June 19, 2006
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
June 13, the Board respectfully requests City Council to transfer
funds from debt reserve in the amount of $1,150,000.00 to state
support categories in order to provide sufficient funds to meet the
current year obligations of the district within each state category.
The additional amount is required to compensate for the increase in
fuel and related costs.
The School Board thanks you for your approval of the transfer
request.
Sincerely,
~Po~
Cindy H'þoulton, Clerk
re
cc: Mrs. Kathy G. Stockburger
Mr. Marvin T. Thompson
Mr. Bernard J. Godek
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr. Jim Newman (with
Accounting details)
,'. -'.
<\",¡:n;\I').:j ;'.
(:i(~iü)
?fit1_r.,
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue. S.W.. Room 461
P.O. flox 1220
Roanoke, Virginia ~4()06-122(1
T c1ephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SII^ WVEI{
UC lut~· Director
cm:lil..1nn_sh:lv.,"cr:ti'.:i.lt".1l1okc\'1.U5
JESSE A. HALL
Director of Finanre
cm;¡il. jcssc_h;¡ll·í~·cl.ro:moh.\a us
June 19, 2006
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:
Transfer of Funds
As a result of official School Board action at its meeting on June 13, 2006, the Board
respectfully requests City Council to transfer funds from debt service contingency in
the amount of $1,150,000 to various accounts to cover costs related to
programmatic changes during the year as well as increased fuel costs.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to transfer this funding.
Sincerely,
qÞJ4<-- 4· ~Jf
Jesse A. Hall
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management and Budget
Marvin T. Thompson, Superintendent of City Schools
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
June 26, 2006
File #1-38-83-104-184-280
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Troy A. Harmon, Municipal Auditor
Mary F. Park~r, City Clerk
Dear Ladies and Gentlemen:
I am attaching copy of Ordinance No.3 7451-061906 establishing compensation for
the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City
Clerk for the fiscal year beginning July 1, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 19, 2006.
Sincerely,
~~u.-M.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc: Carolyn Glover, Acting Director, Human Resources
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37451-061906.
AN ORDINANCE establishing compensation for the City Manager, City Attorney,
Dircctor of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1,
2006; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. For the fiscal year beginning July I, 2006, and ending Junc 30, 2007, and for
succceding fiscal years unless modified by ordinance duly adopted by this Council, the annual
salaries of Council-appointed officers shall be the salary rcceived by each during the fiscal year
July I, 2005. ending June 30, 2006, increased by four percent (4.0%).
2. Any increase in compensation due to any officer or employee under this
Ordinance shall be first paid with the first paycheck in July, 2006.
3. The Director of Finance shall continue to pay on an installment basis the sum of
58,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent
Council-appointed officers. The sum shall be paid in equal quarterly installments.
4. In no calendar year shall amounts of deferred compensation contributed by the
City to ICMA on behalf of the Council-appointed officers exceed the maximum amount
permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis
annually.
5. The Director of Finance shall be authorized, for and on behalf of the City, to
execute any documents required by ICMA to implement this ordinance.
6. This ordinance shall remain in effect until amended or repealed by ordinance duly
adopted by City Council.
7. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~'rn.~
City Clerk.
WOODS ROGERS ~
ATTORNEYS
AT
LAW
Tlil):\l:\~ T P.\I..\11 R
~.. ( -I)XJ-7(1:':(1
ralml:r'~i \\"lll'OSlllgl.:lSXI1ll1
June 13, 2006
Vn H.\:"I[) DELIVERY
Roanoke City Council
c/o Cily Clerk
Room 456, :\1unicipa1 Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re: Bid Form - Lease of Air Rights
Art Museum of Western Virginia
Dear Madam Clerk:
Encloscd please lìnd a completed Bid Form lor Ihe Lease of Air Rights for Struclural
Overhangs we arc submitting to the Roanoke City Council for consideration on behalfofthe Art
Museum ofWeskrn Virginia. As per the bidding instructions. and as indicatcd on Ihe enclosed.
the envelope containing Ihe Bid Form is nollo be opcned until Monday, June 19.2006 al 7:00
p.m.
Pleasc do nol hesitate to contact me directly should there be any error in this submission
or any question regarding the Bid Fonn. Thank you lor your assistancc in Ihis matter.
Very truly yours,
--------J-4~--:].~ ~_____
Thomas 1'. Palmer
TTP:dcv
Enclosure
ct': II unter Greene
P.(). l:hl"( ].. 125 : J{(I:ll~Oh:L', \'irginia 2.. (1_1.~-4 J:!5
(ït0975503-1. 103249-000020fj ill Suu:h .h.:ii<..:rswl Su·eel. Sui~l:' ¡·tou
:-;';IIl :-(3-7fll.ll) i ¡-:IX 54() '1~].-77! : ; :11ail·.i·\\"\llldsmg"r~.";'\1ll
uftkö :.:bll in BI"Kk~¡'lJrg. Dar.\ lit..:. I ~11t'hhurg :J.l\d Rid~nxllld. \'ir~;irlla
1110 FORM
Lcasc of air rights located in Roanoke City over portions ol'Norl'olk Avenue. S.E.. Williamson
Road. S.E.. and Salem A venuc, S.E located in thc City of Roanoke, Virginia
Date:
14 Junc 2006
Submitted by: All Museum ofWeslern Virginia
(Firm or Enlily Name)
Roanoke City Council
c/o City Clerk's Office
Room 456, Municipal Building
215 Church An:'nuc. S.W.
Roanoke, Virginia 24011
Art Museum of Westem Vire.inia proposes and agrees. if this Bid is accepted, to
(Firm or Entity !\amc)
enter into and be hound by the Ll'asc of Air Spa<.:c for Structural Overhangs. a copy of which is on file in the Office of
lhe City Clerk for lhe Cily of Roanoke, Virginia.
Bid: olle-time payment for rent as set forth in paragraph 2 of the Lease of Air Space in the amount of
SIXTY DOLLARS ($ 60.00 )
Bid: term commencing 011. .Tune 19
, 2006 and ending on June 18
.2066.
State the complete finn name, exactly as it is recorded with the State Corporation Commission or name of entity ¡fnot a
corporation.
EXACT FlR\1 OR ENT'ITY ?-lAME: Arl Mnseum of Western Vi¡ginia
By:_. Geon!.anne C. Rilll.!.ham
(Type Name) ,
Title: Executive Director
(Type Title)
DELIVERY ADDRESS: Cenler inlhe Souare. One Malkel Souare. 2'" Floor
MAILING ADDRESS: same as above
CITY: Roanoke
TELEPHO?-lE (540 ) _342-5760_.
STATE: VA
. FAX: C540 ) 342-<;798
ZIP CODE 24011
DiRECTIONS I'OR MAILING BIDS: If bids are sent by mail, lhey shall be sent by certified mail. return receipt
rel.. uC'sh:LI.
Opaquc envclopcs-containing bids musl b\.:' seal\.:'d. marked. and addressC'd as follows:
Roanoke City Council
c/o City Clerk
Room 456, Munkipal Building
2i5 Church Avenue. S.W.
Roanoke. V Jrginia 240 II
Please label in large leuers on lhe front and back uf envelope:
"Bid of Lease of Air Righls for Slruclural O"erhangs not to be opened until Council meeting at 7:00 p.lII. on June
IS, 2006.
{#0973828-1. 103249-00002-01}
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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
June 26, 2006
File #373-416-481
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37452-061906 authorizing execution of a
lease agreement between the City of Roanoke and The Art Museum of Western
Virginia for the lease of certain air space located above the rights-of-way of Norfolk
Avenue, S. E., Williamson Road, S. E., and Salem Avenue, S. E., Tax Map Nos.
4010205 and 4010210, to provide sufficient area and space for overhangs of the
Art Museum building, for a term of 60 years.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~'rYì. ~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06Uun 06Uun 1906 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: Georganne C. Bingham, Executive Director, The Art Museum of Western
Virginia, Center In The Square, One Market Square, 2nd Floor, Roanoke,
Virginia 24011-1436
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning Building and Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence O6IJun 06\Jun 1906 corr.doc
f.i
õ)..""'"'--·
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37452-061906.
AN ORDINANCE authorizing execution of a lease agreement between the City of
Roanoke and The Art Museum of Western Virginia for the lease of certain air space located
above the rights-of-way of Norfolk Avenue, S.E., Williamson Road, S.E., and Salem
Avenue, S.E., (Tax Map Nos. 4010205 and 4010210), to provide sufficient area and space
for the overhangs of the Art Museum building, for a term of sixty (60) years; and dispensing
with the second reading of this ordinance by title.
WHEREAS, the City has, by advertisement published once a week for two
consecutive weeks in a paper of general circulation published in the City, publicly invited
bids for the lease of air space for overhangs over certain air space located above the rights-
of-way for Norfolk Avenue, S.E., Williamson Road, S.E., and Salem Avenue, S.E., for a
ternl of sixty (60) years;
WHEREAS, one bid for the lease of such air space for overhangs was received when
bids were publicly opened at the Council meeting held June 19,2006;
WHEREAS, the bid of The Art Museum of Western Virginia to lease such air space
for overhangs for a term of sixty (60) years commencing as soon as all legal requirements
have been met for a one-time payment in the total amount of Sixty dollars ($60.00), and
upon such other terms and conditions set out in the lease incorporated by reference in the
bid, was publicly opened at the Council meeting on June 19,2006;
WHEREAS, at such Council mecting, a public hcaring was held at which all persons
were accorded a full and fair opportunity too comment with respect to the proposed lease of
such air rights for overhangs; and
WHEREAS, Council found the bid of The Art Museum of Western Virginia was
deemed the most responsive bid made to the City for the award of such lease and Council is
desirous of accepting this bid.
NOW, THEREFORE, I3E IT ORDAINED by the Council of the City of Roanoke as
follows:
I. The bid of The Art Museum of West em Virginia, to lease certain air space for
overhangs located above the rights-of-way of Norfolk A venue, .S.E., Williamson Road, S.E.,
and Salem A venue, S.E., such areas being more particularly described in the proposed Lease
of Air Space for Overhangs, on file in the Office of the City Clerk, for a term of sixty (60
years, commencing as soon as all legal requirements have been met, for a one time rental
payment of Sixty dollars ($60.00), and upon certain tenns and conditions set out in the lease
and incorporated by reference is hereby ACCEPTED..
2. The City Manager and City Clerk are hereby authorized, for and on
behalf of the City, to execute a written lease agreement between the City and The Art
Museum of Western Virginia for the lease of such air space for overhangs, such lease to be
in a form approved by the City Attorney.
3. The City Clerk is directed to forward an attested copy of this ordinance
to The Art Museum of Western Virginia.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE T:
. ~.~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Tdyl(H' Vlunicip"} Building
215 Churdl ;\v('J1ue, S.\V., R~H)m 36-1-
Roanoke, Virgini., 2401 J-159]
rl·h.'~'lhlllt': l:;"¡tll ~3:F2.J':';J
Fa\" I :'\-1111 ."':;:~ ] I ì:,:
(ity \\'l'b: \\ \\"\\·.r'l,l]1\)l..t,\·.l.,!.~ll\·
June 19. 2006
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 Council:
Subject: Air Rights Lease
Background:
The Art Museum of Western Virginia has requested an air rights lease for space
located above the rights-of-way for portions of Norfolk Avenue, S.E., Williamson
Road, S.E. and Salem Avenue S.E. in connection with the construction of the Art
Museum Building (Tax Map numbers 4010205 and 4010210). The air rights
lease is for overhangs of the Art Museum Building. The overhangs will extend
upwardly from the structure for a minimum distance of fourteen feet (14 ')
above the rights-of-way and will not exceed one hundred feet (100') and
outwardly from the structure for a variable length not to exceed twenty three
feet (23'). The lease term requested is for a sixty-year period.
The proposed lease agreement is for a sixty (60) year period, beginning June
19, 2006 through June 18, 2066 at no charge to the Art Museum. The lease
may be renewed upon the expiration of the initial term of this Lease upon
mutual agreement. The term of any such renewal would be determined at that
time. The Lessee is responsible for maintaining the overhangs in a structurally
safe condition. If the overhangs are ever in the condition of being unsafe or fail
to meet building and safety codes, Lessee agrees to properly repair or demolish
and remove the structure in the lease Air Space solely at its own expense.
Honorable Mayor and Members of Council
June 19, 2006
Page 2
Recommended Action:
Authorize the City Manager to execute a lease for air rights to the bidder
deemed most responsive to the City advertisement for bid for Norfolk Avenue,
S.E., Williamson Road, S.E. and Salem Avenue S.E., Roanoke, Virginia for a
period of sixty (60) years, beginning June 19, 2006 and expiring June 18, 2066.
All documents shall be upon a form approved by the City Attorney.
Respectfully submitted,
Darlene L. Bur
City Manager
~
DLB:lpp
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Brian Townsend, Acting Director of Economic Development
Lisa Poindexter-Plaia, Economic Development Specialist
CM06-00105
LEASE OF AIR SPACE FOR STRUCTURAL OVERHANGS
THIS LEASE, entered into this __ day of . 2006, by and
between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized under
the laws of the Commonwealth of Virginia, hereinafter referred to as "Lessor", and
_.___, hereinafter referred to as "Lessee",
WIT N E SSE T H:
WHEREAS, pursuant to applicable statutes and ordinances, the City Council for
the City of Roanoke, Virginia adopted Ordinance No. on the 19th day of
June 2006. authorizing the execution of a lease covering the premises hereinafter
described on the terms and conditions hereinafter set forth; and
WHEREAS, such Ordinance was adopted after due advertisement and public
hearing held on the 19 day of June. 2006, after which Council determined that the bid
of the Lessee was the highest and best bid therefore and should be accepted by the
Lessor.
NOW, THEREFORE, IN CONSIDERATION of the rental payment hereinafter
set forth and in further consideration of the faithful performance of the mutual
covenants, conditions and undertakings of the parties as set forth herein, the
Lessor does hereby LEASE and DEMISE unto the Lessee certain air space for
structural overhangs over portions of Norfolk Avenue, S.E., Williamson Road.
S.E., and Salem Avenue, S.E, located in the City of Roanoke, Virginia, and
more particularly described on Exhibit A ("Premises") attached and made a part
hereof.
This Lease is made upon the following terms and conditions:
1. TERM: This Lease shall begin on the day of _' __ ,
or as soon as all legal requirements have been met and end the ._ day of
___,20_.
2. RENT: Lessee shall pay to the Lessor a one-time rental payment in the total
amount of._ DOLLARS ($_ __._),
which payment shall cover the rent for the entire term of this Lease. This one
time payment shall be made by the Lessee to the Lessor prior to the day
of
3. RENEWAL: Upon expiration of the initial term of this Lease, this Lease may be
renewed and extended upon the mutual agreement of the Lessor and the
Lessee, provided that both parties agree in writing to the extension of this Lease
at least 120 days prior to the termination of the Lease. The term of any renewal
shall be determined at the time of the renewal. Any extension of this Lease shall
be as authorized by the Constitution of the Commonwealth of Virginia and all
other applicable statutes, and shall be under such terms and conditions as may
be agreed upon by the Lessor and Lessee at the time of said extension.
4. MAINTENANCE: Lessee shall be solely responsible for the complete
maintenance of any and all structures which are built within the Leased Air Space
for Structural Overhangs which is defined as that area described in the attached
Exhibit A. Maintenance shall include, but not be limited to, the structural
integrity of the structure, all aesthetic aspects of the structure, and the general
cleaning and upkeep of all elements of the structure. All maintenance work,
ordinary as well as extraordinary, and structural as well as non-structural, shall
be made promptly, as and when necessary. All repairs and replacements shall
be in a quality and class at least equal to the original work.
5. UTILITIES: Lessee shall pay the charges for all utility services , if applicable,
furnished to the structures erected in the Leased Air Space for Structural
,
Overhangs, including all hook-up and installation charges, deposits, and similar
charges that may be incurred in connection with any utility services.
6. APPROV AL OF PLANS: Prior to construction of any structure in the Leased Air
Space for Structural Overhangs, Lessee agrees to submit the plans for such
structure to the City Manager and Building Commissioner for the City of
Roanoke, Virginia, for review and approval.
7. COMPLIANCE WITH STATUTES, ETC.: The Lessee shall comply with all
applicable City, State and Federal laws, ordinances, regulations, statutes and
codes, including all relevant building and safety codes, in connection with the
construction, maintenance and operation of the structures being placed in the
Leased Air Space for Structural Overhangs.
The Lessee shall further comply with all applicable City, State and Federal Laws,
ordinances, rules and regulations affecting or respecting the Leased Air Space
for Structural Overhangs, or the use or occupancy of same, including the
business at any time thereon transacted by the Lessee therein.
8. TAXES AND ASSESSMENTS: The Lessee shall pay any and all property taxes
assessed against the Leased Air Space for Structural Overhangs and
improvements thereon during the term of this Lease and any renewal hereof.
Lessee shall also pay all taxes and assessments levied against the personalty in
the Leased Air Space for Structural Overhangs.
9. REMOVAL OF STRUCTURE: At the expiration of the Lease period, or any
renewals thereof, if no agreement to the contrary has been reached, or if at any
point during the Lease period or any renewals thereof, the structures within the
Leased Air Space for Structural Overhangs become unsafe or fails to meet the
provisions of any applicable building or safety codes, and Lessee refuses or is
unable to correct such structural or safety defect within a reasonable time after
ò
proper notice thereof from Lessor, Lessee agrees to demolish and remove the
structures solely at its own expense. All demolition and related work required for
the removal of such structures shall be done diligently and in conformity with all
legal and safety requirements, in a good and workman-like manner, and in
accordance with any reasonable standards required by the Lessor.
10. INDEMNIFICATION: Lessee agrees to indemnify and hold harmless the Lessor,
its officers, agents and employees, from any and all claims, legal actions and
judgments advanced against Lessor and for expenses Lessor may incur in this
regard, arising out of Lessee's intentional acts or negligent acts or omissions with
respect to the rights and privileges granted by Lessor to Lessee in this
instrument.
11. INSURANCE: Lessee shall obtain and maintain during the life of this Lease,
including any extensions, general liability, bodily injury and property damage
liability insurance coverage with respect to claims arising out of the subject
matter of the Lease. The amount of such insurance shall not be less than:
a. In the case of bodily injury liability insurance, $1,000,000 for injuries,
including death, to one person in anyone occurrence and $5,000,000
annual aggregate;
b. In the case of property damage insurance, $500,000 for damage in any
one occurrence and $1,000,000 annual aggregate;
c. In the case of general liability insurance, coverage in the amount of
$1,000,000; and
d. The above amounts may be met by "umbrella" coverage in a minimum
amount of $5,000,000.
Lessee shall name Lessor as an additional insured as its interests may appear
on the above policies. Prior to execution of this Lease, Lessee shall furnish the
Lessor with certificates evidencing the required coverage and containing a
4
statement to the effect that the coverage shall not be canceled or materially
altered except after thirty (30) days written notice to the Lessor.
The amount of insurance required herein shall be reviewed every five (5) years
and may be increased or decreased at the request of the Lessor. Any increase in
the amount of required insurance shall be mutually agreed upon between the
Lessor and the Lessee.
12. COVENANT OF TITLE AND QUIET ENJOYMENT: Lessor hereby covenants
and warrants that Lessor has full right and lawful authority to enter into this Lease
for the term of this Lease or any renewal hereof; that Lessor is lawfully seized of
the entire premises herein demised and has the title thereto, free and clear of all
encumbrances, and further that Lessee's quiet and peaceable enjoyment of the
leased premises during the term of this Lease, or any renewal, shall not be
disturbed or interfered with by anyone.
13. TERMINATION: This Lease may be terminated at any time by mutual
agreement, in writing, of the Lessor and Lessee. In addition, if the Lessee
breaches, or is in default in the performance of, any covenant of this Lease and if
such breach or default is not cured within thirty (30) days after written notice
thereof is given by Lessor to Lessee, or if such breach or default is of such
nature that it cannot be cured within thirty (30) days from the date of such notice
but Lessee has not proceeded with reasonable diligence and in good faith to
remedy any breach or default within the thirty (30) day period, Lessor may give
Lessee written notice of its unilateral right to terminate this Lease at some date
not less than ninety (90) days after date of the termination notice.
14. NOTICE: All notices required by any provision of this lease shall be given in
writing, by registered or certified mail, addressed to the party to whom the notice
is to be given at address hereafter given or at such other addresses as from time
to time which may be given by the parties. Notice shall be deemed to have been
5
made at the time of depositing the letter in the United States Post Office.
Addresses of the parties are as follows:
a. Lessor: City Manager
Room 364, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
b. Lessee:
15. SUCCESSORS AND ASSIGNS: It is understood and agreed that all the
covenants, agreements, terms, conditions, and provisions of this Lease or any
renewal hereof shall extend to and be binding upon the assigns and/or
successors in interest to the respective parties hereto. Any assignment of this
Lease must be approved by the Lessor, but such approval shall not be
unreasonably withheld.
16. Signage: Lessee hereby acknowledges and agrees that it shall not place or
display any signage, or other markings or displays of any kind, within the Leased
Air Space for Structural Overhangs without the written approval of Lessor.
17. ENTIRE AGREEMENT: It is understood and agreed that this instrument contains
the entire agreement between the parties. Any modifications to the Lease shall
be in writing and signed by the parties hereto.
Ii
Date:
,2006.
CITY OF ROANOKE, VIRGINIA
ATTEST:
By:
Mary F. Parker, City Clerk
City Manager
ATTEST:
By
(title)
Title:
Date:
,20_
COMMONWEALTH OF VIRGINIA §
§To-wit:
CITY OF ROANOKE
§
ì
The foregoing instrument was acknowledged before me this _ day of
, 2006. by Darlene L. Burcham. City Manager of the City of
Roanoke, Virginia. for and on behalf of such municipal corporation.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA §
§To-wit:
CITY OF ROANOKE
§
The foregoing instrument was acknowledged before me this
, 20 _, by , the
day of
for and
on behalf of
My Commission expires:
Notary Public
s
EXHIBIT A
LEGAL DESCRIPTION
Those certain air rights !lll:aled in thi.' Cily of Roanoke. Virginia. extending upward. for a
distance of at least IÙurteen feet (14') and not to exœed one hundred feet (100'). anove portions
of the rights-of-way for Norfolk A venue. S.E.. Williamson Road. S.E.. and Salem A venue. S.E..
and outward from the northern. northeastern. eastern and southern houndaries of those certain
three (3) parcels of land (the "Property") al:quired by the Art Museum of Weslern Virginia by i)
Dee'd (If Gift. dated Decemner 18. 2005. from the Cily of Roanoke. Virginia. recorded in the
Clerk's Office of tilL' Cirwit Court for the City of Roanoke. Virginia. lln Deccmber 22. 2()05. as
Instrument No. 050021020. ii) Deed and Termination of Easement. dated November 15. 1()04.
from John T. Williams and Betsy A. Williams. recorded in the aforesaid Clerk's Onïcc as
Instrument No. (J4(JOI9357. ami iii) Deed. dated July 2(J. 2()(J4. from Sta\Toula A. Tampasis (as
known of rel:ord Stavroula R. Tampasis). rel:llrded inlhe aforesaid Clerk's Office as Instrument
No. 040012170: the surface area beneath each Air Rights Area being more particularly shown on
a Plat emitled Exhihit Showing Proposed Air Rights for Overhangs of Art Museum of Western
Va.. City of Roanoke. Virginia. dated MardI 14.2006. prepared by Mattern & Craig. Ine..
Consulting Engineers. Surveyors. a copy of whid! Pial is availanle in the City Clerk's Office
for the City of Roanoke. Virginia. with the surface areas neneath ead! Air Rights Area being
more particularly described as follows:
I. Air Rights Area No. I. as shown on the aforementioned Plat. containing
169.302 sq. n. (0.004 al:res). extending northwardly from the northern
line of the Property a maximum of 6' r. at its widest IKlint. over the
southern right-of-way of Norfolk A venUe'. S.L
1. Air Rights Area No.2. as shown on lhe aforementioned plat. containing
71.789 sq. fl. (OJ)()2 acres). extending northwardly from the northern line
of the Pnlperty a maximum of 4' 2". at its widest poinl. over the southern
right-of-way of Norfolk A venue. S.E.
3. Air Rights Area No.3. as shown on the aforementioned plat. l:ontaining
188.388 sq. fl. (Ü.004 acres). extending northeastwardly from thl'
northeastelllline of the Property a maximum of 6' ()". at its widest point.
over the southwestern right-of-way of Norfolk Avenue. S.E.
4. Air Rights Area No.4. as shown on thl' aforememioned plat. l:ontaining
722.6<)7 sq. n. (0.017 acres). extending northeastwardly from the
y
northeastern line of the Properly a maximuTll of 19' T. at its widest
point. over Ihe slluthwötern right-of-way of Norfolk Avenue. S.E.
5. Air Rights Area No.5, as showll on the aforementilllled plat. containing
23.S3 I sq. ft. (0.001 acres), extending eastwardly from the eastern line of
the Properly a maximum of 2' r. at its widest point. over the western
ri!!lll-of-wav of Williamson Road. S.E.
" ~
6. Air Rights Area No.6. as shown on the aforementioned plat. containing
1051.602 sq. ft. (O.02e! aere~,). extending southwardly from the southern
line of the Pwperty a maxiTllum of 13' T. at its widest point. O\W the
nonhl'rn right-of-way of Salem Avenue. S.E.
III
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. .. +
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURC!! AVE SW RM ~56
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
96:'2024
PUBLICNOTICEANDADVER
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~~~nia. Sworn and subscribed before me this
_~_day of June 2006. Witness my hand and
official seal. ~
~~~.___-,-___ __-,- __ _'7'7-=I1-.-¥()otar:/ Public
My commlSSlon XPl es _~~__f?~..J._;t4!:Æ_____.
. .
.'
-,
..PtcBLISHED ON: .06/02 06/09
, '
.\.\..'
TOTAL COST:
FILED ON:
1,.380.00
06/14/06
.Z\uthori~cd
Signature:
Billing Services
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PUBLIC NOTICE AND
ADVERTISEMENT
I L.m ~~~,B~;~~" ""
IPortlonS of Norfolk Avenue
S.E" Williamson Road. S.E.:
end Síllem Avenue. S.E.,
!Iocated In the City of
Roanoke. Virginia
PUT 5 U ant lot h e
req u I re me nts of
§§lS.2-2100 and 2101, et
seq.. 01 the Code of Virginia
(1950l as amended:notlce
is hereby given that the City
of Roanoke, Virginia.
proposes to grant by
ordinance a lease for the air
rights over portions of
N~H.fotk Avenue. S.E.,
Williamson Road, S.E.; and
Salt!mAvenue.S.E.. locllled
in the City 01 Roanoke
VirginIa, for a term of sixty
(60) years commend"" as
500 n a s. a II Ie ga I
requirements have beenl
met. to Hovlde sufficienl
area and spa co forthe
location of Slructural
overhangs. Such mea being
described as follows:
Those certain air rlghls
located in the City of
Roanoke, Virginia, e:dendmg
upward, lora distance 01 at
leastfollrleen feet (14') and
not to exceed one hundred'
feel (100'). above the'
rights-of-way for Norfolk
Avenue. S.E.. Williamson
Road, S.E., and Salom
Avenue. S.E.. and outward
from th'e northern
northeastern. eastern and
southern boundaries of
those certain three (3)
Iparcels of land (the
·Properly", acquired by the
Art Museum of Western
Virginia by i) Deed of Gift
dated December 18. 2005:
lr.o~ I~e Clly of Roanoke,
,VlrglnH1. recorded in the
Clerk's Office of the Circuit'
;Court for th'o Citv'of'
,Roanoke, Virginia: on
,December 22. 2005, as
:~~strument No. 050021020.
II) Deed and Termination of
¡Easement. dated November
15, 2004, kom John T
'WIlliams <Ind 8etsy A'
Williams. recorded in th~
,afor~sald Clerk's Office as
Instr~~ent No. 040019357,
and III) Deed. dated July 20
2004, from Slavroula A'
Tampasis (as known of
.record Stavroula R
'Tampasls). recorded inthe
aforesaid Clerk's Office os
Instrument No. 040012170'
.the surface area benealh
each Air Rights Area being'
moreparlicularlyshownona
I Plat entitled Exhibit Showing'
'Proposed Air Rights for
Overhangs ot Art Museum of
Western Va" City of
Roanoke, Virginia. daled·
March 14, 2006. prep<Jred:
by Mallern & Cr<Jig. Inc"
Consulting Engineers'"
Surveyors. a copy of which
IPI<Jt Is <Jvailable in the Clly
Clerk's Office lor the City of
Roanoke, Virgmia. with the
surface areas beneath each
j Air Rights Area being more
lparticularlydescribedas
follows:
1. Air Rights Area No.1. as
s how non the
aforementioned Pial.
containing 169.302 sq. It.
(0.004 acros). e)tendlng
northwardly from the
northern line 01 the Property
a maximum of 6' 3", at its
widest point. over the
¡southern rlghl-of-way of
NorfolkAvenue,S.E. .
2. Arr Rights Area No.2, as
:s how non I h e
aforementioned plat.
containing 72.789 sq. ft.
(0.002 acres). extending
northwardly Irom the
northern line of Ihe Property
a maximum of 4' r, at ils
widest point. over the
¡southern rlghl-of-way 01
Norfolk Avenue, S.E.
I· 3. Air Rights Area No.3, as
s how non the
aforementioned pl<J!.
containing 188.388 sq. ft.
(0.004 <Jcres). extending
'nOllheastwardlv from the
northeaslern line of the
Properly a m.ldmum of G'
0". at Its widest point. over
the southweste rn
rlght·of-way of Norfolk
Avenue,S.E.
~4. Air Rights Area No.4. as'
s how non I h e
aforementioned plat.'
containing 722.697 sq. fl.
[(0017 acres). e~tending
northeastwardly from the:
northeastern line of the
Properly a m<Jximum of 19'
7". at Its widest point. over
·t h e so u t h west ern.
right·of·way of Norfolk'
Avenue.S.E.
5. Air Rights Are<J No.5. <JS
s how non the
afore.mentioned plat,
contamlng 23.831 sq. H.
10.001 acres). extending
eastwardlvfromtheeastern
line 01 ¡he Property a
ma~imum of 2' 3". at Its
widest point. over' the
western right-ol-way of
Williamson Road,S.E. I
6. Air Rights Area No.6. as I
5 how non the'.'
aforementioned plat
containing 1051.602 sq. ft:
(0.024 acres), e)lending¡
southwardly from the
southern line of Ihe Properly
a ~<J.~imum of 13' 7", <Jt its
¡Widest point. over the
northern right-of-way. of
Salem Avenue. S.E.
A copy of the tûlt te~t of the
proposedon:hn<Jnoo Ison me
in th~ Office of the City
. Clerk, Room 456, MunIcipal
Building, 215 Church
Avenue. S.W., Roanoke
Virginia 24011. .
A publiC hearing on Ihei
proposed ordinance will be
held at 7:00 p.m" on'
Monday. June 19. 2006. tn'
the Roanoke Cily Council'
Chambers, 4th floor Room
450. Noel C..T'aylol~
Municipal BUilding, 2151
Church Avenue, Roanoke
Virginia 24011. Furthe;
information Is available from
I· the Office of the City Clerk
for the City of Roanoke at
(540)853-2541. .
All parties in interest and
¡citizens may appear on the
above date and be heard on
. this issue.
If you are a person with a
dis<lblllty who needs
accommodations for thiS
hearing,pleasecontactthe,
City Clerk's Office at {!i40¡'
853-2541, before 12:00'
noon on Thursday June 151
2006. '
Any interested party Isl
hereby Invited to submit a
writt~n bid for the lease to
¡be granted Bids will be
received in the Office ofthe
C_lty Clerk unlil 12:09 P..:.'!l··
I local iime.·M"õnday-" June 19.,
2006.
All bldsleceived will be held
by the Cily Clerk, unopened,
until 7:00 p.rn..local time.
,on the same date. at which
time all bids so receiyed Will
be delivered to the Roanoke
City Council Chambers and
then publicly opened and
'read aloud before the
Roanoke City Council.
The necessary bid form and
a copy of the proposed lease
m<JY be obtained from the
City Clerk's office on and
aftel Monday, June 1. 2006.
·The person or firm to whom
this Lease is awarded shall
'reimburse the City for the
·costsoflhisadvertlscment.
The City expressly reserves
the rlghl to reject any and all
'bids to waive any inlormality
or irregularity In the bids
received and to accept the
Ibid which Is deemed to be in
the best interest of the City.
GIVEN under my hand this
31st day of May. 2006. .
MaryF. Parker, CllyCler1\
,(9652024)
--- ----
'-
",
jf})1,C
. ,
PLBLlC I\OTICE A'l/D ADVERTISEI\It:I\T FOR BIDS
I.casc of air righls over pÒltlons,of N,;rt~)lk A VCilUC. SY.. Williamson Road. S.I:::.. and Sakm
A vcnuc. S.E.. loeatcd in thc Cily of Roanokc. Virginia
Pursuanl to the rl'quircmèllts of S 15.2-21 Oil and 210 I. l't sct].. of 11lL' Codc of Virginia
(1<J51l) as amcll(kd. noliœ is hereby given that thc City of Roanoke. Virginia. proposcs to grant
by ordinanœ a leasc Illr tIll' air rights ovcr portions of \J,)rllllk Avcnuc. SY.. Williamson Road.
S.E.. and Sakm Avenuc. ST.. locall'd in thc City or ROatlllkc. Virginia. for a tCllll of sixly (60)
ycars Cl)mml'ncing as soon as alllcgal rcquircments l];lvC been md. Il) pnwide sul1kicnt area and
spaœ Il'r Ihe location of structural ovcrhangs. Such arca bl'ing dcscribed as follows:
Thosc œrlain air rights locatcd inlhc Cily of RoalH.lkc. Virginia. cxtending u m-¡ml. J(lr a
distancc of at kast 1i:lllrteen lèel (14') and not to cxcced onc hundrcd fcct ( 100'). abovc thc
rights-of-way tl'r ì\orJ()lk Avcnuc. ST.. Williamson Road. ST.. and Sakm Avcnuc. S.E.. and
oUlward tì'om thc twrthcrn. northcastcrn, ,'a:;tcrn and soulhern boundarics of tho:;c ccrtain thrcc
(3) parcds of land (the "Propcrty") acquircd by the Art 'vlu:;cum of Western Virginia by i) Dœd
ofCiiti. dated Deccmber 8. 21l1l5. li'om the City of Roanokc. Virginia. rceorded in thc Ckrk's
Onïc.: of thc Circuit Court IÖr the City of Roanokc. Virginia. on Dcccmbcr n. 201l5. as
Instrumcnt \Jo. 1150021 021l. ii) Dccd and Tcrmination of Ea:;l'mcnl. dated I\ovcmbcr 15. 2004.
tÌ'lllll John T. Williams and Rctsy l\. Williams. rcconkd in thc al(,resaid Clerk's Oflìce as
Instrumenl No. 04001<J357. and iii) Dccd. datcd July 20. 2004. fwm Slavl'Oula A. Tampasis (as
known ofrccord Stavl'Oula R. Tampasis,l. recordcd in thc aforcsaid C1crk':; Of1ice a:; Instrument
No. 040012170: thc surt'lcc arca bcncath each Air Rights Area bcing morc particularly shown on
a Plat cntitkd Exhibit Sh,)wing Proposed Air Rights ti.>r Chwhangs of Art 'vluscnm ofWcstcrn
Va.. City of Roanokc. Virginia. daled \-larch 14.2006. pr.:parcd by "'bnern 8: Craig. Inc.,
Consulting Engineers. Survcyors. a copy of which PI:lt is available in the City Clerk's Officc
for the City of Roanoke. Virginia. with the surfacc areas b.:neath cach Air Rights Area being
m"re particularly describcd as ti.>lIows:
1.
Air Rights Area '-10. I. as shown on the al(,rcmcntioned Pial. containing
16').302 sq. Ii. (1l.1l04 acres). exknding northwardly from the nnrthern
line ofthè PrÜpèrty a maximulll of6" )". at its widest point. o\·cr the
southcrn right-ot~way of\Jort()lk A\'\~nue. S.L
~
Air Rights Area 1\0. 2. as sbown on thc aforementioncd plat. containing
72.71'.9 sq. n. (0.002 acres). cxtending n0l1hwardly lÌ"om the northern linc
of the Properly a maximum of 4' 2"'. at ils widcst poinl. OWl' the soutbcrn
rigbt-ol~way of \Jortl,lk A vcnUl'. S.E.
3.
Air Rights Area ;>.io. 3, as shown on the al(,H'l'mcntioncd pl:tt. e'Hltaining
I XX.3XX sq. Ii. (O.1l1l4 acres). l'xtcndin~ nnrthcastwardlv tì'om till'
- .
northcastcrn line llfthl' Propcrly a m:l.\illlum off)' Ir·. at its widcst point,
o\'cr thc south\\'l'skrn right-'.lt~\\-¡IY of ;>.i,'rtl,lk A venUl'. S.E.
-:!;(IP7:.!767-1, 1,)32·;<.1 (IO(ìr ~-c 1l-
4. Air Rights Area ~o. 4, as shown on the aforementioned plat, containing
722.697 sq. ft. (0.017 acres), extending northeastwardly from the
northeastern line of the Properly a maximum of 19' 7", at its widest
point. over the southwestern right-of-way of Norfolk Avenue, S.E.
5. Air Rights Area ]\¡o. 5, as shown on the aforementioned plat, containing
23.831 sq. n. (0.00 I acres), extending eastwardly from the eastern line of
thc Property a maximum of 2' 3". at its widest poinl, over the western
right-of-way of Williamson Road, S.E.
6. Air Rights Area No.6. as shown on the aforementioned plat, containing
1051.602 sq. n. (0.024 acres), extending southwardly from the southern
line of the Property a maximum of 13' 7", at its widest point. over the
northern right-of-way of Salem Avcnue, S.E.
A copy orthe full text of the proposed ordinance is on file in the Office of the City Clerk.
Room 456. ~unicipal Building, 215 Church Avenue. S.W., Roanoke, Virginia 24011.
A public hearing on the proposed ordinance will be held at 7:00 p.m., on Monday. .lune
19. 2006, in the Roanoke City Council Chambers, 4th noor. Room 450. Noel C. Taylor
Municipal Building, 215 Church Avenue. Roanoke, Virginia 24011. Further information is
available from the Office of the City Clerk for the City of Roanoke at (540)853-2541.
All partics in interest and citizcns may appear on the above date and be heard on this
Issue.
If you are a pcrson with a disability who needs accommodations for this hearing. please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday .lune 15,2006.
Any interested party is hereby invited to submit a written bid for the lease to be granted.
Bids will be received in the Office of the City Clerk until 12:00 p.m., local time. Monday, .lune
19.2006.
All bids received will be held by the City Clerk. unopened, until 7:(J() p.m., local time, on
the same date, at which time all bids so received will be delivered to the Roanoke City Council
Chambers and then publicly opened and read aloud before the Roanoke City Council.
The necessary bid form and a copy of the proposed lease may be obtained from the City
Clerk's office on and after Monday, .lune 1,2006.
The person or firm to whom this Lease is awarded shall reimburse the City for the costs
of this advertisement.
The City expressly reserves the right to reject any and all bids to waive any inlonna1ity or
irregularity in the bids received and to aeceptthe bid which is deemed to be in the best interest of
the City.
{#0972767-1. 103249-00002-01}
GIVEN under my hand this 31st day of May. 2006.
Mary F. Parker. City Clerk
Notice to Publisher:
Publish in the Roanoke Times once on Friday, June 2, 2006 and Friday, June 9, 2006.
Send bill and atlidavillo:
Mary F. Parker, Cily Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) H53-2541
(#0972767 ·1, 103249-00002-01)
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.w., Room 456
Roanoke, Virginia 240 11-1 536
Telephone: (540 I RS3 ·2541
r¡¡;C (:'..1-0,853-1145
E-mail: clerli.@rj.roanokl·.vOl.US
STEPHAI'IE M. "001', OIC
Deputy City Clerk
MARY F. PARKER. OIC
City Clerk
SHEILA 1'. HARTMAN
^!<.sistmH City Clerk
June 26, 2006
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No.3 7453-061906 amending §36.2-1 00, Code of
the City of Roanoke (1979), as amended, and the Official Zoning Map, City of
Roanoke, dated December 5, 2005, as amended, to reflect that Official Tax Nos.
1421616, 1421617, 1421604, 1421605, 142160, 1421607, and 1421608, be
rezoned from MX, Mixed Use District, to 11, Light Industrial District, subject to
proffers contained in the Amended Petition filed by Four R-Enterprises, a Virginia
general partnership, and Best-Jol Properties, LLC, a Virginia Limited Liability
Company, in the Office of the City Clerk on April 18, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
Â~rn,~~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosure
L:ICLERK\OATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 1906 corr.doc
Maryellen F. Goodlatte
June 26, 2006
Page 2
pc: M & W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015
Ms. Phyllis S. Laster, 825 Kimball Avenue, Salem, Virginia 24153
Mr. Bruce W. Wiseman, 241 Memorial Avenue, S. W., Roanoke, Virginia 24015
Ms. Flossie G. Wilbur, P. O. Box 258, Boones Mill, Virginia 24065
Mr. and Mrs. Burnette A. Neighbors, 2201 Mountain View Terrace, S. W.,
Roanoke, Virginia 24015
Mr. Leonard Whitson, Jr., 2136 Mountain View Terrace, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Collier J. Smith, 916 Bridge Street, S. W., Roanoke, Virginia
24015
Ms. Eula H. Burnett, 912 Bridge Street, S. W., Roanoke, Virginia 24015
Mr. and Mrs.James R. Stanley, 2335 Berkley Avenue, S. W., Roanoke, Virginia
24015
Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W.,
Roanoke, Virginia 24015
Rolanda B. Russell, Assistant City Manager for Community Development
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06IJun 06IJun 1906 corr.doc
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37453-061906.
AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone ccrtain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Four R-Enterprises, a Virginia general partnership, and Best-Jol
Propeltics, LLC, a Virginia Limited Liability Company, have made application to the
Council. of the City of Roanoke, Virginia ("City Council"), to have the hereinafter
dcscribed propcrty rezoned from MX, Mixed Use District, to I-I, Light Industrial
District, subject to certain conditions proffered by thc applicant; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as requircd by §36.2-540, Code of the City of Roanoke (1979), as amended,
and aftcr conducting a public hcaring on the matter, has made its recommendation to City
Council; and
WHEREAS, a public hearing was held by City Council on such application at its
meeting on June 19, 2006, after due and timely notice thereof as required by §36.2-540,
Code of the City of Roanoke (1979), as amended, at whieh hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters prescnted at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those rcasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by thc Council of the City of Roanoke that:
1. §36.2-100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, datcd December 5, 2005, as amended,
be amended to reflect that Official Tax Nos. 1421616, 1421617, 1421604, 1421605,
1421606, 1421607, and 1421608, inclusive, be, and are hereby rezoned from MX, Mixed
Use District, to 1-1, Light Industrial District, subject to the proffers contained in the
Amended Petition filed by Four R-Enterprises, a Virginia general partnership, and Best-
Jo1 Properties, LLC, a Virginia limitcd liability company, in the Office of the City Clerk
on April 28, 2006.
2. Pursuant to the provisions of §12 of the City Charter, the second reading
of this ordinance by ritle is hereby dispensed with.
ATTEST:
. ÌY). ~~
City Clerk.
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CITY OF ROANOKE
. PLANNING BUILDING AND DEVELOPMENT
215 Chm'ch AnnuL', S. Woo Room 166
Roanoke, Virginia 2'¡0 II
l\.·lephoDl·: (5'¡01 115.~-1730 F'lx: (5'¡01 115.~-1230
E-m~til: planningØ'\cLroanoke.v3.us
June 19, 2006
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 Four R-Enterprises, a Virginia general partnership,
and Best-Jol Properties, LLC, a Virginia Limited Liability Company,
represented by Maryellen F. Goodlatte, Attorney, that property on
Buford Avenue, S.w., bearing Official Tax Nos. 1421616, 1421617,
and 1421604 through 1421608, inclusive, currently zoned MX,
Mixed Use District, be rezoned to 1-1, Light Industrial District,
subject to the condition that the property will be used for any of
twenty-five (25) industrial uses, including wholesale, warehouse,
distribution, repair and service, assembly or manufacturing, office,
and intensive commercial and retail uses, and wireless
telecommunication facilities.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, May 18, 2006. Bya vote of
6-0 (Mr. Scholz abstaining from the vote), the Commission recommended approval of
the request.
Background
As part of a comprehensive rezoning adopted by City Council on December 5, 2005, the
subject properties were rezoned from LM, Light Manufacturing District to MX. Mixed
Use District. The Petitioner requests that the properties be rezoned from MX District to
1-1, Light Industrial District, subject to certain conditions, in order render the current
property uses as conforming uses and to allow certain other-I-1 uses. A Petition to
Rezone was filed on April 6, 2006 and an Amended Petition was filed on April 28, 2006.
Considerations
Surroundina Zoninq Districts and Land Uses
The subject properties are located in the Norwich neighborhood on Buford Avenue, near
its intersection with Warwick Street, and are currently zoned MX, Mixed Use District.
North, south, and west of the properties is an R-3, Single-Family Residential District that
contains residential housing fronting upon Warrick Street, Buford Avenue, Bridge Street,
and Mountain View Terrace. East of the properties is the remainder of the MX District
and contains a vacant commercial/warehouse structure, two single-family residences,
and several vacant lots.
Conditions Proffered bv the Petitioner
The Petitioner proffers the following conditions:
1. That only the following 1-1 uses will be permitted on the properties.
1. Business services establishment
2. Laboratory, dental, medical, or optical;
3. Laboratory, testing and research;
4. Caterer, commercial;
5. Studio/multimedia production facility;
6. Contractor or tradesman's shop, general or special trade;
7. General service establishment, not otherwise listed in this table;
8. Janitorial services establishment;
9. Building supplies and materials, wholesale;
10. Commercial printing establishment;
11. Electrical component assembly, wholesale distribution;
12. Manufacturing: General, not otherwise listed in this table;
13. Distribution center, not otherwise listed in this table;
14. Mini-warehouse, subject to Section 36.2-415; and
15. Warehouse.
2. That no portion of the properties shall be' usëd for outdoor storage.
~
Compliance with the Zoninq Ordinance
Presently, the principal uses of the subject properties are nonconforming uses in the
MX, Mixed Use District. If the properties are rezoned to 1-1, Light Industrial, they will
become conforming uses within the new district and will comply with the regulations of
the zoning ordinance.
Compatibilitv with the Neiqhborhood Plan
The Norwich Neighborhood Plan recommends that the subject properties future use be
mixed office/residential in order to support the nearby neighborhood commercial district
at Bridge Street and Roanoke Avenue. As part of the comprehensive rezoning adopted
by City Council on December 5, 2005, these properties were rezoned from LM, Light
Manufacturing District, to MX, Mixed Use District.
The industrial use of this property was established when the entire Norwich
neighborhood was zoned LM, Light Manufacturing District, and HM, Heavy
Manufacturing District. In 1997, the residential areas were rezoned to RS-3, Single
Family Residential District. However, industrial zoning was left intact on the properties
with established industrial uses. The intent of the Norwich Neighborhood Plan and the
zoning change in December 2005 was to promote compatibility with adjoining
residential uses.
Recommendation:
Bya vote of 6-0, the Commission recommends that City Council approve the request.
The Commission finds that the petition to rezone the subject properties from MX, Mixed
Use District, to 1-1, Light Industrial District, with conditions, is a reasonable request, as it
provides for practical use of the property as it is currently developed, with limitations on
permitted uses and prohibition of outdoor storage, therefore promoting compatibility with
the adjacent residential areas consistent with the intent of the Norwich Neighborhood
Plan.
Respectfully submitted,
1t~(}·4
Richard A. Rife, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Maryellen F. Goodlatte, Attorney for the Petitioner
3
IN THE COllNCIL OF THE CITY OF ROANOKE. VIRGINIA
LlIiRE:
Rezoning of seven (7) tracts of land lying and being in the City of Roanoke,
Virginia, and briefly described as:
Tax Map No. ]42]6]6, 0.8758 acres, 2224 Buford Avenue, S.W.;
Tax !\'1ap No. ]42]617, 0.2774 acres, Buford Avenue, S.W.;
Tax Map ~o. ]42]608, 1.0268 acres, 2310 Buford Avenue, S.W.;
Tax Map No. 1421607, 0.0477 acres, Buford Avenue. S.W.;
Tax :\1ap l'ío. 142]606,0.0458 acres, Buford Avenue, S.W.:
Tax Map~o. ]42]605,0.0458 acres, Buford Avenue, S.W.; and
Tax Map No. ]42]604,0.0458, Buford Avenue, S.W.
from MX (Mixed use District) to 1-] (Light Industrial), such rezoning to be subject to
certain conditions.
AMENDED PETITION
TO THE HO~ORABLE MA )'OR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
Petitioner Four R-Enterprises, a Virginia general partnership. owns the following
property in the City of Roanoke, Virginia: Tax Map Nos. ]421616 and 142] 6] 7. Petitioner
Best-Jol Properties, LtC a Virginia limited liability company, owns the follo~'ing propcrty
in the City of Roanoke, Virginia: Tax Map "\los. 142] 608, ]42] 607, ]42 ]606, 1421605. and
1421604.
Said tracts are currently zoned MX C\1ixed Use District). A map of the propcrty to bc
rezoned is attached as Exhibit A.
Pursuant to Section 36.] -690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned. fTom I\1..X (Mixed Use District) to I-]
(Light ]ndustrial), subject to certain conditions set forth below. As part of the City's Tecent
comprehensive rezoning, the properties were rezoned fTom the Light Manufacturing (LM)
District to. the M.X District. The uses to which the properties are currently being put,
pcm1i((ed under tlie fonncr LM District, have been rendered nonconforming within the MX
District. Petitioners wish tlic uses to which tlie properties are being placed be pcmlitted uses
rather than nonconforming uses. Additionally. Petitioners have identified other logical uses
of the property, whieh uses are hereinafter set forth.
The conceptual site plan depicting the property to be rezoned is attached hereto as
Exhibit B-]' Exhibit B-2, and Exhibit B-3.
Prior to filing this request. Petitioners met with the Norwich neighborhood
organization. Petitioners believe that the rezoning of said tracts of land, coup]cd with the
conditions proffered herein, will further the intent and purposes of the City's zomng
ordinance and Vision 200]-2020 Comprehensive Plan.
Petitioners hereby proffer the following:
I. That only the following ]-J uses will be pennitted on the properties.
], Business services establishment
2. Laboratory, dental, medica], or optical;
3. Laboratory, testing and research;
4. Caterer, commercial;
5. Studio/multimedia production facility:
6. Contractor or tradesman's shop, genera] or special trade;
i. Genera] service establishment, not otherwise listed in this table;
8. Janitoria] services establishment;
9. Bui]ding supplies and materials, wholesale;
..,
.'
10. Cümmercial printing establishment:
11. Electrical compünent assembly, whü1esale distributiün;
12. Manufacturing: General, nüt otherwise listed in this table;
13. Disuibutiün center, nüt ütherwise listed in this table;
14. Mini-warehüuse, subject to. Sectiün 36.2-415; and
15. Warehüuse.
2. That no. pürtiün üfthe properties shall be used für üutdüür stürage.
Attached as Exhibit C are the names, addresses and tax numbers üf the üvmers üf all
lo.ts o.r prüperties immediately adjacent to., immediately acrüss a street ür ro.ad früm the
property to. be rezüned.
WHEREFORE, Petitiüners request that the abüve-described tracts be rezüned as
requested in accürdance with the prüvisiüns üfthe Züning Ordinance üfthe City üfRüano.ke.
Respectfully submitted this ~~ day üf April, 2006.
Respectfully submitted,
Füur R-Enterprises
Best-Jül Prüperties, LLC
By:~~r~
. üf unsel
Maryellen F. Güüdlatte, Esq.
Glenn, Feldmann, Darby & Go.üd1atte
P. O. Bo.x 2887
Rüanüke. Virginia 24001-2887
(540) 224-8018 - Telephüne
(540) 224-8050 - Facsimile
3
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Four R-Enterprises and Best-Jo1 Propenies, LLC, owners Of the property subject to this
petition, hereby consent to this amended rezoning petition and agree to be bound by the
conditions that are proffered in this amended petition.
FOl,""R R-El\TERPRISES
By: J'{c6)~
its: PA,.z..:¡10-L .'ê
BEST-JOL PROPERTIES, LLC
By:
its:
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Four R-Enterprises and Best-Jol Properties, LLC, owners of the property subject to this
petition, hereby consent to this amended rezoning petition and agree to be bound by the
conditions that are proffered in this amended petition.
FOUR R-ENTERPRISES
By:
its:
BEST-JOL PROPERTIES. LLC
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1421653 Burnette A. Neighbors R-5
Viola M. Neighbors
2201 Mountain View Ten-ace, S.W.
Roanoke, Virginia 24015
1421633 Leonard \\'hitson, Jr. R-5
2J36 Mountain View TelTaee, S.W.
Roanoke, Virginia 24015
] 42J 632 Collier J. Smith R-5
Garnette M. Smith
916 Bridge Street, S. \V.
Roanoke, Virginia 240] 5
1421631 Eula H. Burnett R-5
912 Bridge Street. S.W.
Roanoke, Virginia 240]:;
]42]603 James R. Stanley R-5
~ellje P. Stanley
2335 Berk]ey Avenue, S.W.
Roanoke, Virginia 24015
1421602 James R. Stanley R-5
Nellie P. Stanley
2335 Berkley Avenue, S.W.
Roanoke, Virginia 240]5
1421601 James R. Stanley R-5
~ellje P. Stanley
2335 Berkley Avenue, S.\V.
Roanoke, Virginia 24015
4
TAX l\1A.P N""CMBER
1421201
1421202
1421203
1421204
1421205
1421206
1421207
1421208
ADJODiING PROPERTY OWNERS
FOR
TAX PARCELS ?\lCMBERED
1421616 (Four R-Enterprises) (M.,X)
1421617 (Four R-Enterprises) (MX)
1421608 (Best-Jo1 Properties, LLC) (MX)
1421607 (Best-Jo1 Properties, LLC) (MX)
1421606 (Best-Jo1 Properties, LLC) (MX)
142]605 (Best-Jo1 Properties, LLC) (MX)
1421604 (Best-Jo1 Properties, LLC) (M...\:)
OWJ\ER(S) ! ADDRESS
ZONING
James M. Johnston
1340 Hidden View Road, S.W.
Roanoke, Virginia 24015
CN
M & W PropeI1ies, Inc.
1348 Lakewood Drive, S.W.
Roanoke, Virginia 24015
CN
M & W Properties, Inc.
2140 Denniston Avenue, S.W.
Roanoke, Virginia 24015
CN
Phyllis Sharon Laster
825 Kimball Avenue
Salem, Virginia 24153
R-3
Phyllis Sharon Laster
815 Kimball Avenue
Salem, Virginia 24153
R-3
Bruce '\Javne Wiseman
2441 Memorial Avenue. S.W.
Roanoke. Virginia 24015
R-3
Flossie G. Wilbur
P. O. Box 258
Boones Mill, Virginia 24065
R-3
Flossie G. Wilbur
P. O. Box 258
Boones Mill, Virginia 24065
R-3
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - -.. .. - - - - - -. - - - - - - -.- - - - - - - - - - - - - - - - - - .. - - - - + .. - - - - - - - - - - - - - - - - - - - - - - -
GLENN, FELDMANN. DARBY & GOODL
PO BOX 2887
210 FIRST ST
ROANOKE VA 24001
REFERENCE: 80078049
9654055
NOTICEOFPUBLICHEARIN
State of Virgin~a
City of Roanoke
II (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~' ·g~ia. Sworn and subscribed before me this
__ ___day of June 2006. Witness my hand and
O~l seal:
--tJl1k,___;iY!lf ~tary lPllbliC
Ml( cOmmiSSjO~-;;;~S ~VA,,"3'¡',l()U.-_____-
PUBL~ShEO ON\ 06/02 06/09
TOTAL COST:
FILED ON:
397.44
06/09/06
Authorized
Signature:__
Billing Services
.-----.-..---
. NOnCE OF
PUBLIC HEARING
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The,Col.lJ.lcif,lJt.U10;! CUt of"
Roanoke will hold.:l public'
hearingo!'l Monday. June 19
2006, at 7:00 p:m.. or as
soo'iiathereûfter as Iht!
~ malll:'f may be heard, in the
Council Chamber. fourth
floor. in th~ t-.ocl C Tavlor
¡Municipal Building. 215
:Churc.h Avenue. S.W..
IRoanokl;'. Virginia. to
! consider the following:. .
¡Request from Four
'R-Enterprises. <I Virginia
Igeneral partnership ûnd
'Bc-st-Jol Properlies. LLC. a
:Virgini.:l Limited li<lblllly
,Company, represented by
.Maryellen F. Go()nlattc.
¡Attorney. thai properly on
: Buford Avenue, S.W.. bearing
Official Telll. Nos. 1421616.
i1421617. clnd 1421604
! through 1421608. inclusive.
. currt!ntly 7nned MX. Mi~cd I
Il.st:! DIstrict. be rezoned to
!1-1. Light Industrial District.:
;SUbjt-CftolheconditionSIh.::l1
,the use of the property will
IbE'limitcd to ,InY of fifteen
1(15) industrial uses,
including wholllsale,
warehou..e, distribution.
rep<lir<lnd service. a!õ;!õ;emblv
orm¡lnuf<lcturing. office, and
intensive commercial <Ind
retail uses. and that no
portion of the properly will
I be used for outdoor stor<lge.
A copy of the petition is
avaifabre far review in the'
Olfice of the City Clerk.
Room 456, "Illel é. Taylor
Municipal Building. 215
Church Avenue, S.W..
Rotlnoke, Virginia
IAII parties in Interest and
'citizens may appear on the
: above date ann be heard on.
the m<ltter. If you aTe a'
ltHSOn with a disability WhO
needs aCCOmmonations for
this hE'aring. please contact
the CIl\' Clerk's Office. .1t
853-25'41, before noon on .
the Thursdav before thC'date
,of the hearing listed above.
I GIVEN under my hand this
I 31st day of May. 2006.
Mal) F. Pmker. City Clerk.
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, .June 19.2006, at
7:00 p.m., or as soon thereafìer as the matter may be heard, in the Council Chamber, fourth 1100r, in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider
the following:
Request from Four R-Enterprises, a Virginia general partnership and Best-Jo1
Properties, LLC, a Virginia Limited Liability Company, represented by
Maryellen F. Good1atte, Attorney. that property on Buford Avenue, S.W.,
bearingOl1ieialTax Nos. 1421616, 1411617,and 1411604 through 1421608,
inclusive, eUlTently zoned MX, Mixed Use District, be rezoned to 1-1, Light
Industrial District, subject to the conditions that the use orthe property will be
limited to any of Iìfteen (15) industrial uses, including wholesale, warehouse,
distribution, repair and service, assembly or manufacturing, office. and
intensive commercial and retail uses, and that no portion of the property will
be used for outdoor storage.
A copy orthe petition is available for review in the Office orthe City Clerk, Room 456. Noel
C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
A II parties in interest and citizens may appear on the above date and be heard on the matter.
If you arc a person with a disability who needs al'conul1odations for this hearing, please contact the
City Clerk's Office, at 853-2541. helì)re noon on the Thursday before the date orthe hearing listed
above.
GIVEN under my hand this 31stdayor May
.2006.
Mary F. Parker, City Clerk.
L.\A"J InK"'I"~'[ AT,\\n.Lnl\~()TIÎr:S\¡:OljR I(·ENTE::RPRJSES·J\on(l' nul'
Notice to Puh1isher:
Publish in the Roanoke Times onee on Friday, June 2, 2006 and June 9, 2006.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-254]
Send hill to:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlattc
P. O. Box 2887
Roanoke, VA 2400]-2887
224-80] 8
I,
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Four-R Enterprises. & Best-Jol Properties, on Buford Avenue, SW
Official Tax Nos, 1421616, 1421617, 1421604-608, from MX to
1-1, conditional
)
)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 24th day of April, 2006, notices of a public hearing to be held on the 18th day of
May, 2006, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Tax No. Name Address
1421203 M & W Properties 2140 Denniston Avenue, SW
Roanoke,VA 24015
1421204 Phyllis Sharon Laster 825 Kimball Avenue
1421205 Salem, VA 24153
1421206 Bruce Wayne Wiseman 2441 Memorial Avenue, SW
Roanoke, VA 24015
1421207 Flossie G. Wilbur POBox 258
1421208 Boones Mill, VA 24065
1421209
1421210 William E. Clements 455 Frances Drive
1421211 Clara M. Clements Roanoke, VA 24017
1421309 Alliance Enterprise LLC 7500 A Shadwell Drive, NW
through Roanoke, VA 24019
1421313
1421314 David H. Mullins 3600 Catawba Valley Road
Salem, VA 24153
1421619 Gary L. Sledd 2124 Loudon Avenue, NW
1421636 Roanoke, VA 24017
1421635
1421661 Glenna Gaye Brammer 2131 Mountain View Terrace
.' : Roanoke, VA 24015
1421660 Gary W. Ayers 2133 Mountain View Terrace
Jessie F. Ayers Roanoke, VA 24015
1421659
1421658
1421657
1421656
1421655
1421654
1421653
1421633
1421632
1421631
1421601
1421602
1421603
Ashby W. May, Jr.
Frances Kastler
Martha V. Kastler
A. Ernie Littlefield
Mary Frances Petty
Marshall Cameron R. Blount
Burnette A. Neighbors
Viola M. Neighbors
Leonard Whitson, Jr.
Collier J. Smith
Garnette M. Smith
Eula H. Burnett
James R. Stanley
Nellie P. Stanley
2137 Mountain View Terrace
Roanoke, VA 24015
213 S. Jefferson, Suite 1007
Roanoke, VA 24101
5359 Black Bear Lane, SW
Roanoke, VA 24014
2007 Carter Road, SW
Roanoke, VA 24015
2155 Mountain View Terrace
Roanoke, VA 24015
2201 Mountain View Terrace
Roanoke, VA 24015
2136 Mountain View Terrace
Roanoke, VA 24015
916 Bridge Street, SW
Roanoke, VA 24015
912 Bridge Street, SW
Roanoke, VA 24015
2335 Berkley Avenue, SW
Roanoke. VA 24015
Also notified: Sue Snelling, President
Norwich NH Alliance
2230 Charlevoix Court
Roanoke, VA 24015
~n,. 11U.L&~1.,-"
artha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th, day of April, 2006. ,-/J. J. n ... C'. f,
K~..-RL., .A.)Cß-..-(CL~
Notary Public
My Commission Expires: d I:;; 8' /0 Î
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, May 18, 2006, 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., Roanoke, Virginia, to consider the
following:
Request from Four R-Enterprises, a Virginia general partnership,
and Best-jol Properties, LLC, a Virginia Limited Liability Company,
represented by Maryellen F. Goodlatte, Attorney, that property on
Buford Avenue, S.w., bearing Official Tax Nos. 1421616, 1421617,
and 1421604 through 1421608, inclusive, currently zoned MX,
Mixed Use District, be rezoned to 1-1, Light Industrial District,
subject to the condition that the property will be used for any of
twenty-five (25) industrial uses, including wholesale, warehouse,
distribution, repair and service, assembly or manufacturing, office,
and intensive commercial and retail uses, and wireless
telecommunication facilities.
A copy of the petition is available for review in the Department of
Planning Building and Economic 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 with a disability who
needs accommodations for this hearing, please contact the Department
of Planning Building and Economic Development at 853-1730 before
12:00 noon on the Tuesday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City Planning Commission
------------.------------------------------------------------------------------------------------------
Please print in newspaper on Tuesday, May 2 and 9, 2006
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
POBox 2887
Roanoke, VA 24001-2887
(540) 224-8018
Please send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Economic Development
Room 166, Municipal Building,
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
. . -. ::- :':;. ~ ':'~ "-:-1:.: ~.~. :'~ ",' ,.....: ~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A\'enue. S.W.. Room 456
Ro""oke, Virginia 24011-1536
Telephone: (540) H:'iJ<!54I
r;I.'Il.: 154m 853-] 1-1.5
E-m;til: çlcrk€i·ci.ro:m\)ke,\"3.m
~IARY F. PARKER. CMC
CiIY Clerk
June 6, 2006
STEPHANa: M. MOOr¡. Ole
DepUl)' City Clerk
SHEILA r¡. IIARTMAr¡
A:-,sist3nt c.lY Clerk
File #51
M & W Properties, Inc.
Ms. Phyllis S. Laster
Mr. Bruce W. Wiseman
Ms. Flossie G. Wilbur
Mr. and Mrs. William E. Clements
Alliance Enterprise, LLC
Mr. David H. Mullins
Mr. Gary L. Sledd
Ms. Glenna G. Brammer
Mr. and Mrs. Gary W. Ayers
Mr. Ashby W. May, Jr.
Mr. and Mrs. Frances Kastler
Mr. A. Ernie Littlefield
Ms. Mary F. Petty
Mr. Marshall C. R. Bount
Mr. and Mrs. Burnette A. Neighbors
Mr. Leonard Whitson, Jr.
Mr. and Mrs. Collier J. Smith
Ms. Eula H. Burnett
Mr. and Mrs. James R. Stanley
Sue Snelling, President, Norwich
Neighborhood Alliance
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on the request of Maryellen F.
Goodlatte, Attorney, representing Four R-Enterprises, a Virginia general
partnership, and Best-Jol Properties, LLC, a Virginia Limited Liability Company, that
property identified as Official Tax Nos. 1421616, 1421617, and 1421604 through
1421608, inclusive, located on Buford Avenue, S. W., currently zoned MX, Mixed
Use District, be rezoned to 1-1, Light Industrial District, subject to the condition
that the property will be used for any of 25 industrial uses, including wholesale,
warehouse, distribution, repair and service, assembly or manufacturing, office,
intensive commercial and retail uses, and wireless telecommunication facilities.
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 Economic Development at
540-853-1730.
1.:\ClI:::RK\DA T A\CKEW I \Public Ileanngs\Publil: Hearin~ 2006\JUN 06\Anomeys and Adjoining Property O\o\'TlCTs.doc
Interested Property Owners and/or Adjoining Property Owners
June 6, 2006
-Page 2
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.
~'~ Jf~
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\CLF.RK\DA TA\CKEW1\Public Ilearings\Pubhc Hearings 2006\JUf'.: Ob\Anomeys and Adjoining Property Ov.llcrs doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w., Room 456
Ruanoke. Virginia 24011-1536
Telepholle: C54U S53-:::!541
foil);' (';-10) 85~·1145
E-mail: ckrk@·ci.rCl3noke.\".I.lI!<o
STEPHA~n: ]\.1. MOOroi. Ci\1C
Deput) City Clerk
~1AKY F. P,\RKEK. Ole
City C1clk
SHEilA ~. IIARTI\.IA!'l
Assi~t<lnt City Ckrk
June 6, 2006
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No.2 5 523 adopted by the Council ofthe City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on the request of Four R-Enterprises, a
Virginia general partnership, and Best-Jol Properties, LLC, a Virginia Limited
Liability Company that property identified as Official Tax Nos. 1421616, 1421617,
and 1421604 through 1421608, inclusive, located on Buford Avenue, S. W.,
currently zoned MX, Mixed Use District, be rezoned to 1-1, Light Industrial District,
subject to the condition that the property will be used for any of 25 industrial
uses, including wholesale, warehouse, distribution, repair and service, assembly or
manufacturing, office, intensive commercial and retail uses, and wireless
telecommunication facilities.
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
540-853-2431. Questions with regard to the City Planning Commission report
should be directed to the Department of Planning, Building and Economic
Development at 540-853-1730. .
1:\CI.F.RK\DATA\CKEW1\Public Hcaring.'i\Public Hearings 2006\JUN 06V\lIomeys and Adjoining Property Owners.doc
Maryellen F. Goodlatte
June 6, 2006
Page 2
It will be necessary for you, or your representative, to be present at the
June 19 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
S~':'J P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L\CLERK\DA T A\CKEW I \Public Hcarings\Public Hcanngs 2006\lUN 06\Attomcys and Adjoining Property Ov.:ners.doc
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Vrrgirua24011-1536
Telephone: (5~O) 8;3-2541
fa~: (540) ~5J-I] 45
E-rn:lil: dcrk(g·ci.rO:l.n(lkc.\·a.u~
STEPIIA"'IE M. '100"'. CMC
Deputy City Clerk
MAR\' f: PARKER. eMe
City Clerk
SHEILA "'. IlARTMA'"
A~~i!'(;lIlt City Clerk
May 1, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 36.2-540(c)(4) 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 April 28, 2006, from Maryellen F. Goodlatte, Attorney,
representing Four R-Enterprises and Best-Jol Properties, LLC, requesting that
seven tracts of land located on Buford Avenue, S. W., identified as Official Tax
Nos. 1421616, (0.8758 acre), 1421617, (0.2774 acre), 1421608, (1.0268
acres), 1421607, (0.0477 acre), 1421606, (0.0458 acre), 1421605, (0.0458
acre), and 1421604, (0.0458), be rezoned from MX, Mixed Use District, to 1-1,
Light Manufacturing District, subject to certain conditions proffered by the
petitioners.
A'~ jJ/ ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L:\(1.F.RK\DATA\CK.l::WI\RF2.0Nrr-;G Af','D STRF..ETCLOSURl::\Rc7.nnings . STreet Alley 06\l3ufonl AV Four R-EI1Ierpri.~es alllllle~I-Jo] PIO¡>m.ics LtC Goodl~lIC' .....m::ndmt'1l1
rezonmglWt
Richard A. Rife
May 1, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001
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
James P. Gilmer, City Planner II
\
L \CLëRK\DATA\CKEWI\REZONING A~D STREET CLOSURE\RC7.l'nings- SITcet Aile)' Oti\BufurdAV ¡:Ollr R-Entnprises and Rest·Jol Propmics LLC GoodIalle Amendmenl
rezoning doc
GLENN
FELDMANN
DARBY
GOODLAITE
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1:-;:1;11' I~l:!" ,\;.:,::t' ~I gli:e.;I~n·
Apl'i] 2ð. 21)1ir,
HA'\f) DELIVERED
]\11'. Jake Gilmcr
Roanokc City Planning & Development
:\\\lllieipal B\lilding. Room 177
21) Church :\ \'enue. S. \V.
RO'lfwke-. Virginia 241.1 II
Rc: Rczoning of Se\'e11 tracts of land loeatcd in thc City of Roanoke- on
8uJiJrd ,\\·enue. S.W.
Ta~ Map '\os. 1421616. ]421617. 1421608. 142](>07. 1421r,(i6.
142] (1)). and 1421 ¡,Ü4 frolll \-IX t" 1-1
Dcar Jake:
We enclose- ,;n "rigina] and t\\'o c(lpies <.,flhc :\mcnded l'eliliLln \\,ith all exhibils
all;¡c!I\:,d thi.:l"clO fiJr rllt abl)\"L'-rcICn:'llct.'d I\-.'zoning.
If yuu ha\'e any queslions or necd further inl(.>rmati(lIl. please do not he-sil~lte to
call me-.
Vcry truly y"urs,
~
I\Jaryellcn F. Cioodlatle
\ IFCi:lnh:()I.I)(lfIIiO
F.ncl"sur<.'s
cc:
As. \'lary F.l'arkL'r(\\i~ncs.) II-IA'\D DEI.I\'ERL'D)
I'-our R-Enterprises (\\,'Clles.)
ßest-.Iol f'r"pcnie-s. I,LC (\\ic'nes.)
IN THE COF:"ìClL OF THE CITY OF ROANOKE. VJRGI:"ìIA
II\"RE:
Rezoning of seven (7) tracts of land lying and being in the City of Roanoke.
Virginia, and briefly described as:
Tax Map No. 1421616.0.8758 acres, 2224 Buford Avenue, S.W.;
Tax :\fap :'>10.1421617,0.2774 acres, Buford Avenue, S.W.;
Tax Map 1\"0.1421608,1.0268 acres, 2310 Buford Avenue, S.W.:
Tax Map No. 1421607,0.0477 acres. Buford Avenue, S.W.;
Tax :\lap No. 1421606, 0.0458 acres, Buford Avenue, S.\\'.;
Tax Map 1\"0.1421605,0.0458 acres, Buford Avenue, S.W.; and
Tax Map 1\"0.1421604,0.0458, Buford Avenue. S.W.
from MX (\1ixed t.:se District) to 1-1 (Light Industrial), such rezoning to be subject to
certain conditions.
.
AMENDED PETITION
TO THE HO:\ORABLE MA '{OR AND MEMBERS OF THE COUNCIL OV THE CITY
OF ROAl\OKJ:::
Petitioner Four R-Enterprises. a Virginia general partnership. owns the following
property in the City of Roanoke. Virginia: Tax Map Nos. 1421616 and 1421617. Petitioner
Best-Jol Propetiies. LLC, a Virginia limited liability company. owns the following prOpetiy
in the City of Roanoke. Virginia: Tax \fap '\os. 1421608, 1421607. 1421606. 1421605. and
1421604.
Said tracts are eun-ent1y zoned \r(:v!ixed Use District). A map of the property to he
rezoned i;; attached as Exhihit A.
Pursuant to Section 36.1-690. Code of the City of Roanoke (1979), as amended. the
Petitioner requests that the said property be rezoned from MX (Mixed Use District) to I-I
(Light Industrial), subject to certain conditions set forth below. As part of the City's recent
comprehensive rezoning. the properties were rezoned from the Light Manu[aeturing (L:o.1)
District to the MX District. The uses to which the properties are currcntly bcing put,
permitted under thc former LM District. have been rendered nonconforming within the MX
District. Petitioners wish the uses to which the propenies are being placed be pennitted uses
rather than nonconforming uses. Additionally, Petitioners have identified other logical uses
of the property. which uses are hereinafter set forth.
The conceptual site plan depicting the property to be rezoned is attached hereto as
Exhibit 13-1, Exhibit 13-2, and Exhibit B-3.
Prior to filing this request. Petitioners met with thc Norwich neighborhood
organization. Pctitioners believe that the rezoning of said tracts of land. coupled with the
conditions proffered herein, will further the intent and purposes of the City's zon11lg
ordinance and Vision 2001-2020 Comprehensive Plan.
Petitioners hereby protTer the following:
1. That only the following I-I uses will be penllitted on the properties.
1.
Business services establishment
Laboratory. dental; medical, or opticaL
Laboratory, tcsting and research;
Caterer, commercial;
1
3.
4.
5.
Ó.
Studio/multimedia production fllcility:
Contractor or tradesman's shop, general or special trade;
General service establishment. not otherwise listed in this table:
Janitorial sen'iccs establishment;
Building supplies and materials. wholesale;
ì.
s.
9.
1
10. ConmlcrciaJ printing estab1ishmcnt;
¡ 1. Electrical componcnt assembly, wholesale distribution;
] 2. !'vlanufacturing: General. not otherwise listed in this table:
13. Distribution center, not otherwise listed in this table;
]4. Mini-warehousc. subject to Section 36.2-4] 5; and
] 5. Warehouse.
2. That no portion of the properties shall be used for outdoor storage.
Attached as Exhibit C arc the names. addresses and tax numbers of the owners of all
lots or propcrties immediately adjacent to. immediately across a strcet or road from the
propcrty to be rezoned.
WHEREfORE, Petitioners j'equest that the above-described tracts be rezoned as
requested in accordancc with the provisions of the ZOlling Ordinanec of the City of Roanoke.
Respectfully submitted this ~~ day of April. 2006.
Respectfully submitted.
Four R-Enterprises
Best-.lo1 Properties. LLC
Bv: ~r.¡'" _A -L/,.
- ofC ullse1 .----..L~_
Maryellen f. (Jood1attc. Esq.
Glenn, feldmann. Darby & Goodlatte
P. O. Box 2887
Roanoke. Virginia 24001-2887
(540) 224-8018 - T elephol1e
(540) 224-8050 - Facsimile
"
.'
Four R-Enterprises and Best-.101 Properties. LLC, owners bf the property subject to this
petition, hereby COllsent to this amended rezoning petition and agree to be bound by _ the
conditions that are proffered in this amended petition.
FOFR R-E!\TERPRlSES
By:__ d, l{J0~
u
its: e.-trL.ì-o..:'·¡. ,ê
BEST-JOL PROPERTlES. LLC
13)':____
its:
---.--.-- ._-..
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4
Four R-Enterprises and Best-Jo! Properties. LLC, owners of the property subject to this
petition, hereby consent to this amended rezoning petition and agree to be bound by the
condiiions that are proffcred in tr.is amended petition.
fOUR R-ENTERPRlSES
By:
it~:
BEST-JOL PROPERTIES, LLC
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I T. P. PARKER
U LAND SURVEYOR
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CERTIFICATE NO..
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SURVEY FOR
HUNTER .a. ROBERTS, £7'/?¿s
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I HEREBY CERTIFY THAT THIS
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BY: ..:7/-:'~
CERTIFIED L-AND SURVEYOR
EXHIBIT B-2
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y,x MAP NUMBER
1421201
1421202
1421203
1421204
1421205
1421206
1421207
14212()f>
ADJOINING PROPERT'{ O\V"JERS
FOR
TAX PARCELS NU\1BERED
1421616 (FourR-Enterprises) (\-IX)
]4216J 7 (four R-Enterprises) (MX)
1421608 (ßest-Jo1 Properties, LLC) (I'v1X)
1421 (i()7 (Best-Jo1 Prope11ies, LLC) (MX)
1421606 (Best-Jo1 Properties, LLC) (MX)
1421605 (Best-Jol Properties. LLC) (MX)
1421604 (Best-Jol Properties. LLC) (MX)
OW~ERI8/ ADDRESS
IDf'1.LNG
James M. Jolmslon
1340 Hiddcn View Road, S.W.
Roanoke. Virginia 24015
C\I
M &. W Properties. Inc.
1348 Lakewood Drivc. S.W.
Roanoke, Virginia 24015
CN
M &. \V Properties, Inc.
2140 Denniston ihenuc. S.W.
Roanoke. Virginia 24015
CN
Phyllis Sharon I.asler
825 Kimball Avenue
Salcm, Virginia 24153
R-3
Phyllis Sharon Laster
825 Kimball Avenue
Salem. Virginia 24153
R-3
Bruce Wavnc Wiscman
2441 Memorial A venuc. S. W.
Roanoke: Virginia 240 I 5
R-3
Flossie G. \\ïlbur
P. O. Box 258
Boones MilL Virginia 24065
R-3
rlossie G. Wilbur
P. O. Box 258
Boones MilL Virginia 24065
R-3
EXHIBIT C
1421209
Flossic Gay Wilbur
P. O. Box 258
Booncs Mill, Virginia 24065
R-3
]4212]0
William E. Clements
Clara M. Clements
455 Frances Drivc, :--;.\V.
Roanoke, Virginia 24017
R-3
]421211
William E. Clements
Clara M. Clements
455 Franccs Drive, N.W.
Roanoke, Virginia 24017
R-3
1421309
Alliance Enterpriscs LLC
7500 A Shadwcll Drive. N.W.
Roanoke, Virginia 2401 <)
MX
1421310
Alliance Entcrprises LLC
7500 A Shadwell Drive, N.W.
Roanoke, Virginia 24019
MX
1421311
Alliance Entcrprises LLC
7500 A Shadwell Drivc, ~.W.
Roanoke, Virginia 2401<)
MX
]421312
Alliance EntcllJrises LLC
7500 A Shadwell Drivc, N.W.
Roanoke. Virginia 2401')
\fIX
1421313
Alliance Enterprises LLC
7500 A Shadwell Drivc, N.W.
Roanoke, Virginia 24019
\1X
1421314
David H. Mullins
Judith G. ~1ullins
3600 Catawba Valley Road
Salem, Virginia 24153
MX
1421619
Gary L Sledd
2124 Loudon Avellllc, "'.W.
Roanoke, Virginia 24017
MX
1
142]636 Gary L. Sledd MX
·2124 Loudon Avenue, N.W.
Roanoke, Virginia 24017
1421635 Gary L. Sledd MX
2124 Loudon Avenue, N.W.
Roanoke, Virginia 24017
142166] Glenna Gaye Brammer R-5
2131 Mountain View Ten'aee, S.W.
Roanoke, Virginia 24015
142]660 Gary "\T. Ayers R-5
Jessie F. Ayers
2133 Mountain View Terrace, S.W.
Roanoke, Virginia 24015
]421659 Ashby W. May..Ir. R-5
2137 Mountain View Terrace, S.W.
Roanoke. Virginia 24015
1421658 Frances Kastler R-5
213 South Jefferson Street, #1007
Roanoke, Virginia 240] 1
142]657 Manha V. Kastler R-5
Frances Kastler
213 South Jefferson Street. Sle. 1007
Roanoke, Virginia 24011
1421656 A. Ernie Littlefield R-5
5359 Black Bear Lane, S.W.
Roanoke, Virginia 24014
]421655 Mary Frances Petty R-5
2007 Carter Road. S. W.
Roanoke. Virginia 240]5
1421654 Marshall Cameron R. Blount R-5
2155 Mountain View Terrace, S.W.
Roanoke, Virginia 240] 5
3
1421653 Burnette A. Neighbors R-5
Viola M. Neighbors
2201 Mountain View Terrace, S.W.
Roanoke, Virginia 24015
1421633 Leonard Whitson, Jr. R-5
2136 Mountain View Terrace, S. W.
Roanoke, Virginia 24015
1421632 Collier J. Smith R-5
Garnette M. Smith
916 Bridge Street, S.W.
Roanoke, Virginia 24015
1421631 Eu1a H. BlImett R-5
912 Bridge Street, S.W.
Roanoke, Virginia 24015
1421603 James R. Stanley R-5
Nellie P. Stanley.
2335 Berkley Avenue, S.W.
Roanoke, Virginia 24015
1421602 James R. Stanley R-5
Nellie P. Stanley
2335 Berkley Avenue, S.W.
Roanoke, Virginia 24015
1421601 James R. Stanley R-5
l\ellie P. Stanley
2335 Berkley Avenue, S.W.
Roanoke, Virginia 24015
4
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: clcrk@ci.roanokc.v8.us
STEPHANIE M. ~OON
Dcput)' City Clerk
'lAR\" .'.I'ARIŒR, CMC
City Clerk
SHEILA N. HARH1AN
Assistant City Clerk
April 7, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 36.2-540(c)(4) 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 April 6, 2006, from Maryellen F. Goodlatte, Attorney, representing Four R-
Enterprises and Best-Jol Properties, LLC, requesting that seven tracts of land
located on Buford Avenue, S. W., identified as Official Tax Nos. 1421616,
(0.8758 acre), 1421617, (0.2774 acre), 1421608, (1.0268 acres), 1421607,
(0.0477 acre), 1421606, (0.0458 acre), 1421605, (0.0458 acre), and 1421604,
(0.0458), be rezoned from MX, Mixed Use District, to 1-1, Light Manufacturing
District, subject to certain conditions proffered by the petitioners.
Sincerely, /J
n AA-¡ J (./ AÄ-I-..J
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L ICU:,RK\1lAl A\CKE\\']\RF.zO~p,,:G AND !:;TREET CI.OSUREIRc:zonmgs - Slr~ Alley 06\B;¡fcrd ..o\V Four It·Enterprises and Bc$l-JO] >roperlies U.c GoodlallC' rc;wninil doc
Richard A. Rife, Chair
April 7, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Atorney, Glenn, Feldmann, Darby & Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001
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
James P. Gilmer, City Planner II
1.:\C1.F.RK\DATA\CK!;WI\RFJ.OJ\'I"G ANI) SlRF.F.T CLUSt:ItF.\Rezonillgs _ Sfrw Allt)" 06\ßuford AV Fcu~ R-F.nlc:r¡lIue~ Illld Dest-JQI PmpCl1le5 LLC GoodJ.me I"C'ZClning"!oc
GLENN
._..._.._.__.u....__._......__
FELDMANN
DARBY;.</·
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GOODLA TIE
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Di:ecl 1):::11 is,¡U') 2.)..:.-x(Jj 8
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April 6, 2UIJ(;
HAND DELIVERED
\'[r. Jak~ Gilmer
Roanoke City Planning 8: De\'elopm~lJt
Munieipal Building, Room 1 ï7
215 Church A venuc, S. W.
Roanoke, Virginia 2-+011
Re: Rezoning of S~VL'n traets of land Iclclted inlhe City of Roanokc on
But,ml A\'enu~, S.W.
Tax Map Nos. 1421616, 1421617. 1421(j08, 1421(,(lï, 1421ú06.
1421605. and 1421604 from MX to I-I
Dear .rake:
Pursuant to Fllur R-El1lerpris~s and Best-.lol Pl"lJperlies. LT.C's rezoning lùluest.
\\'c enelose the following !,)r filing:
I. An original and t\\·o copies of a Petition. wilh all exhihits
attached thereto, requesting iha¡ ,;even tracts of land
located In the City of Roanoke be rezoned from ¡vIX to
I-I;
2. Nine copies ofihc conce'PI plan: and
3. A check in ¡he amount of S9ï5.t)(I to cover ¡he cost of
filing.
If Yllll ha\"l~ any questions or need further information, pkasc do not hesitate to
callmc.
VeTY truly YUlI1'S.
~.
Marvellcn F. Ciooc!latie
\'IFG:lnh:(j()5rí(l(l1) '.'
Enclosures
hs. ~rary r. ParkeT (\\i~ncs.) (H.\'iD DFI.IVERED)
Four 1~.-Ellterprises (w/cllcs.)
Best-Jol Properties. LI.C (\\'/eltcs.)
J'.."
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cc:
IN THE COUNCIL OF TilE CITY OF ROANOKE, VIRGINIA
I:\"RE:
Rezoning of seven (7) tracts of land lying and being in the City of Roanoke,
Virginia, and briefly dl'scribed as:
Tax Map No. 1421616, 0.8758 acres, 2224 Buford Avenue, S.W.;
Tax :Vlap l'óo.1421617, 0.2774 acres, Buford Avenue, S.W.;
Tax Map No. 1421608,1.0268 acres, 2310 Bnford Avenue, S.W.;
Tax Map No. 1421607,0.0477 acres, Buford Avenue, S.W.;
Tax Map i\o. 1421606,0.0458 acres, Huford Avenue, S.W.;
TilX Map No. 1421605,0.0458 acres, Buford Avenue, S.W.; and
Tax Map No. 1421604, O.04511, Huford Avenue, S.W.
frolll "IX (:\1ixed t:se District) to 1-1 (Light Industrial), such rezoning to be
subject to certain conditions.
PETITlOl'ó
TO TIlE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
Petitioner Four R-Enterprises, a Virginia gencral partnership, owns the following
property in thc City of Roanoke, Virginia: Tax Map Nos, 1421616 and 1421617, Petitioner
Bcst-Jol Properties, LLC, a Virginia limited liability company, owns the following property
in the City of Roanoke, Virginia: Tax Map 1\os. 1421608,1421607,1421606,1421605, and
1421604,
Said tracts arc currently zoned MX (Mixl,d Use District). A map oi"thc 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
Petitioner requests that the said property be rezoned [rom ¡"IX (Ì'v1ixed Use District) to I-I
(Light Industrial), subject to certain conditions set forth below, As part of the City's recent
comprehensive rezoning, the properties were rezoned from the Light i'vlanulàchlring (Ll'vl)
District to thc ."IX District. Thc uses to which the properties arc currently being put.
permitted under the furmer L\·1 District, have beC'J1 rendered nonconforming withili the \IX
District. Petitiuners wish rhe uses tu which the properties are being placed be permitted uses
rather than nonconforming uses. Additionally. Petitioners have identitied other logical uses
of the property. which uses are hen:inafter set forth.
The conceptual site plan depicting the properly to b¡; rezoned is attached hereto as
Exhibit B-1. Exhibit B-~. and Exhibit B-3.
Prior to filing this request. Petitioners met Ilith the :--Jorwich neighborhood
organization. Petitioners believc that the rezoning of said tracts of land, coupled with the
conditions proffered herein, wil! ti.uther thc intent and purposes of the City's zonmg
ordinance and Vision 2001-1020 Comprehensive Plan.
Petitioners proffer that only the Il)l!owing I-I uses will be permitted on the properly:
1. Laboratory. dental, medical, or optical:
1. Laboratory. testing and rcseareh:
3. Caterer, commercial;
4. Studioimultimedia production f¡\eility;
5. Building supplies :lnd materials, retail;
6. Contractor or tradesman's shop, general or special trade;
7. Dry-c1eaniug plant or cOlllmcrcial laundry;
S. General service establishmcnt, not otherwise listcd in this table;
9. Janitorial services establishment;
10. Motor \'ehicle rcpair or service establishment. subject to Sectillll 36.1-
419;
1
11. Bakery, eonfc<.:tionary. or similar food production. wholesale:
12. Building supplies and materials. wholesale;
13. Commercial printing establishment;
14. Dairy products, processing, bottling. and wholesale distribution:
15. Electrical componcnt assembly, wholesale distribution:
I 6. Manut~leturing: Beverage or food processing, excluding poultry and
animal slaughtering and dressing:
17. \1anuÜleturing: Chemical, retining or processing, not otherwise lisled
in this table;
18. Manutàeturing: General, not otherwise listed in this table:
19. Wdding or machine shop;
20. Distribution <:enter, not otherwise listed in this table:
21. Mini-warehouse. subject to Section 36.2-415;
22. Warehouse;
23. Supply pantry;
24. Broadcasting studio or station: and
25. Wireless telecommunications facility, subject to Section 36.2-432.
Attached as Exhibit C arc the names. addresses and tax numbers of tbe ownl'rs of all
lots or properties imrnedialely adjaL'Cnt to, immediately across a street or road fi'om the
propert y to be re7.0nl'll.
WHEREFORE, Petitioners request that the abo\'e-describcd tracts be rezoned as
rl'quested in accordance with the provisions of the !.lming Ordinance of the City of Roanoke.
3
RespeetliIily submitted this (,'h day of April. 21106.
RespectfiIily submitted,
Four R-Entcrprises
8cst-Jol Properties. LLC
ßv: ~ í .Ãk;D:f2~
oC:ounse1
\larydkn F. Cìoodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2SS7
Roanoke, Virginia 2-1001-2887
(540) 224-S01S - Telephone
(540) 22-1-S050 - Facsimile
-I
RPR-05-2006 15:14 From'8EST MRILING SERVICE 434 239 2717
To: 5403440687
P.4/4
Four R-Enterprises and Best-Jol Properties. LLC, owners of the property subject to this petition,
hereby consent to this rezoning petition and agree to be bound by the conditions that are
profi'ered in this petition.
FOUR R-ENTERPRISES
By: /J /lç~r52-<'
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its: ~"~{-:..: .::.-....:..+..._ PAí"2 ït,,),,..:-a
BEST-JOL PROPERTiES, LLC
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T/~.x MAP NUMBER
1421201
1421202
1421203
1421204
1421205
1421206
1421207
1421108
AOJ01l\ING PROPERTY O\V~ERS
FOR
TAX PARCELS NUY1ßERED
1421616 (Four R-Enterprises) (MX)
1421617 (four R-Enterprises) (V1X)
1421608 (Best-Jol Properties. LLC) (MX)
1421607 (Best-Jol Properties, I.LC) (MX)
1411606 (Best-Jol Properties. LLC) (MX)
1421605 <Best-Jol Properties, LLC) (MX)
1421604 (l:lest-Jo1 Properties, LLC) (MX)
OWNER(S),I ADDRESS
ZONING
.James M. Johnston
1340 Hidden View Road, S.W.
Roanoke, Virginia 24015
CN
M & W Propertics, Inc.
1348 Lakewood Drive. S.W.
Roanoke, Virginia 24015
CN
M & W Properties, Inc.
2140 Denniston Avenue, S.W.
Roanoke, Virginia 24015
CN
Phyllis Sharon Laster
825 Kimbal1 /\ venue
Salcm. Virginia 24153
R-3
Phyllis Sharon Laster
825 Kimball Avenue
Salem, Virginia 24153
R-3
Bruce Wayne Wiseman
2441 Mcmorial A venuc, S. W.
Roanoke, Virginia 24015
R-3
Flossie G. Wilbur
P. O. Box 258
Boones Mil1, Virginia 24065
R-3
Flossie G. Wilbur
P. O. Box 258
I:loones Mill. Virginia 24065
R-3
EXHIBIT C
1421209 Flossie Gay Wilbur R-3
P. O. Box 258
Soones Mill, Virginia 24065
1421210 William E. Clements R-3
Clara M. Clements
455 Frances Drive, N. W.
Roanoke, Virginia 24017
1421211 William E. Clements R-3
Clara M. Clements
455 Frances Drive, N.W.
Roanoke, Virginia 24017
1421309 Alliance Enterprises LtC MX
7500 A Shadwell Drive, N.W.
Roanoke, Virginia 24019
1421310 Alliance Enterprises LLC MX
7500 A Shadwell Drive, N. W.
Roanoke, Virginia 24019
1421311 Alliance Enterprises LLC MX
7500 A Shadwell Drive. N.W.
Roanoke, Virginia 24019
1421312 Alliance Enterprises LLC MX
7500 A Shadwell Drive, N.W.
Roanoke. Virginia 24019
1421313 Alliance Enterprises LLC MX
7500 A Shadwell Drive, N.W.
Roanoke, Virginia 24019
1421314 David 1-1. Mullins MX
Judith G. Mullins
3600 Catawba Valley Road
Salem, Virginia 24153
1421619 Gary L. Sledd MX
2124 Loudon Avenllc, N.W.
Roanoke, Virginia 24017
1421636 Gary L. Sledd :v1X
2124 Loudon Avcnuc, N.W.
Roanoke, Virginia 24017
1421635 Gary L. Slcdd MX
2124 Loudon Avcnue, N.W.
Roanoke, Virginia 24017
1421661 Glenna Gaye Brammer R-5
2131 Mountain Vicw Tcrrace, S.W.
Roanoke, Virginia 24015
1421660 Gary \Y. Ayers R-5
Jessie F. Ayers
2133 Mountain View Terrace, S.W.
Roanoke, Virginia 24015
1421659 Ashby W. May, Jr. R-5
2137 Mountain Vicw Terrace, S. W.
Roanoke, Virginia 24015
1421658 Frances Kastler R-5
213 South Jefferson Street, # 1 007
Roanoke, Virginia 24011
1421657 Martha V. Kastler R-5
Franccs Kastler
213 South Jefferson Street. Ste. 1007
Roanoke, Virginia 24011
1421656 A. Emie Littlefield R-5
5359 Black Bear Lane, S.W.
Roanoke, Virginia 24014
1421655 Mary Frances Pctty R-5
2007 Carter Road, S. \Y.
Roanoke, Virginia 24015
1421654 Marshall Cameron R. Blount R-5
2155 Mountain View Terrace, S. \Y.
Roanoke. Virginia 24015
1421653 Burnette A. Neighbors R-5
Viola M. Neighbors
220 I Mountain View Terracc. S. W.
Roanokc, Virginia 24015
1421633 Lconard Whitson, Jr. R-5
2136 Mountain Vicw Tcrrace. S.W.
Roanokc, Virginia 24015
1421632 Collier J. Smith R-5
Garnette M. Smith
916 Bridgc Street, S. W.
Roanokc. Virginia 24015
1421631 Eula H. Burnctt R-5
912 Bridgc Strect, S. W.
Roanoke, Virginia 24015
1421603 James R. Stanley R-5
Nellie P. Stan Icy
2335 Berkley Avenuc, S.W.
Roanoke, Virginia 24015
1421602 James R. Stanley R-5
Ncllie P. Stanlcy
2335 Berkley Avenuc. S.W.
Roanoke. Virginia 24015
1421601 James R. Stanley R-5
Nellie P. Stanley
2335 Berkley Avenue. S. W.
Roanoke, Virginia 24015
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Official Zoning Map
December 5, 2005
Zoning Districts
~:"{~~;.:;: RA
. "." .\....~.-..
R-12
R-7
i~?~jf~~;~.:: R-5
~1R3
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o IPUD
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"Ie)" denotes CondltlonalZOnlnçi
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500
Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
FOlÆ( ¡¿-E.~[<2rpr;>eJ + [?e~+-.T"I P,·ùp. Date~O~
Petition Includes:
:f.
2.
/3.
/4.
?5.
6.
Name, address and phone number of petitioner
Names, signatures and addresses of the owner or owners of the
lots or property including in the proposed change
Description of the purpose for the requested zoning district
classification and the proposed use of the property.
Concept plan outlining features of the proposed use of the property
including buildings, parking, access, and similar features;
Map of the area requested for rezoning;
Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto.
Filing Fee: $ q 1 >. C <)
1b~ .¡J.;Jr~
CSëcretarp City Planning Commission
------------------------------------------------------------------------------------------------------------
Fee Schedule
Rezoning to Residential Districts
RA. R-12. R-7. R-5. R-3. RM-l. RM-2. RMF
$600 + S25 per acre or any portion
Rezoning to Commercial Districts
CN, CG, ClS
$900 + $25 per acre or any portion
Rezoning to Industrial Districts J·I, 1-2
$900 + $2 ~ per acre or any portion
Rezoning to Special Purpose Districts
D, Downtown
MX. Mixed Use
IN, Institutional District
ROS, Recreation and Open Space
AD, Airport Development
$900 + $2 ~ per acre or and portion
Rezoning to Planned Unit Developments Districts
MXPUD, Mixed PUD
INPUD, Institutional PUD
IPUD, Induslrial PUD
$I,OOO..¡ $25 per acre or any portion
Rezoning to Overlay Districts
H-l, Historic Downtown
H-2, Neighborhood Historic
NO. Neighborhood Design
RCC. River and Creek Corridor
(S. Comprehensive Sign
>250
Amendment to Proffered Conditions
5500
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
June 26, 2006
File #24-51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37454-061906 amending and reordaining
Table 340-1 of §36.2-340, Use Matrix, Chapter 36.2, Zonino, Code of the City of
Roanoke (1979), as amended, to permit as a principal permitted use eating and
drinking establishments, not abutting a residential district, in the INPUD,
Institutional Planned Unit Development District.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19,2006, and is in full force and
effect upon its passage.
Sincerely,
~ ""rv). ~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
L:ICLERKlDATAICKEW 1 \AGENDA CORRESPONDENCElagenda correspondence 06Uun 06Uun 1906 corr.doc
Darlene L. Burcham
June 26, 2006
Page 2
pc: The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Co urt
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
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
Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W.,
Roanoke, Virginia 2401 5
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
L:\CLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06IJun 06IJun 1906 corr.doc
~\Ob
~',
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of June, 2006.
No. 37454-061906.
AN ORDINANCE amending and reordaining Table 340-1 of §36.2-340, Use
Matrix, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
to permit as a principal permitted use eating and drinking establishments, not abutting a
residential district, in the INPUD, Institutional Planned Unit Development District; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
]. Tab1c 340-] of §36.2-340, Use Matrix, of Division 4, Use Matrix, of
Article 3, Regulations for Soecific Zoning Districts, of Chapter 36.2, Zoning. ofthe Code
of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained
so that the portion of Table 340-1 pertaining to Assembly and Entertainment uses, in
which an eating and drinking establishment, not abutting a residential district, is listed, is
amended to permit such an establishment as a matter of right as a principal use in the
INPUD, Institutiona] Planned Unit Development District.
2. Pursuant to the provisions of Section ]2 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~, ~o.v
~ City Clerk.
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CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue. S.W.. Room 166
Rmlllokc. Virginia 2~U 11
Telephone: (5~U) 1l5.\-I7.'U Fax: 1.54U) 1l53-123U
F.-mail: planning@ci.n)anokc.\.a.us
:\1't"hill'l' lIral Kl·\il'''' loanl
nll¡lrd llf Znnin ! ,\ lIIt':II.~
1· ¡llIlIill~Clllllmi....itlll
June 19, 2006
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject
Request from the City of Roanoke Planning Commission to
amend and reordain Division 4, Use Matrix, Section 36.2-340,
Zoning, Code of the City of Roanoke (1979), as amended, to
allow eating and drinking establishments, not abutting a
residential district, as a permitted principal use in the INPUD,
Institutional Planned Unit Development District.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, May 18, 2006. Bya
vote of 7-0, the Commission recommended approval of the proposed
amendment.
Background:
On April 20, 2006, the Planning Commission initiated an amendment to Section
36.2-340, to add "eating and drinking establishments, not abutting a residential
district" as a permitted principal use in the INPUD, Institutional Planned Unit
Development District.
Considerations:
An eating establishment is currently a permitted principal use in the INPUD
district. The additional of "eating and drinking establishments, not abutting a
residential district" would permit such establishments to be located within an
INPUD district if it does not abut any residential district. If the INPUD district
does abut a residential district, an eating and drinking establishment would not
be a permitted principal use.
The principal difference between an "eating establishment" and an "eating and
drinking establishment" lies in their definitions. The latter is a type of eating
establishment which includes the sale of beer, wine, or other alcoholic beverages
for consumption on the premises.
An eating and drinking establishment is an appropriate and compatible use in an
INPUD district, provided the INPUD district does not abut a residential district. In
many instances, the INPUD district can be a zoning tool that can support
significant economic development initiatives for concentrations of mixed uses,
such as the Riverside Center for Research and Technology.
Recommendation:
Planning Commission, by a vote of 7-0, recommends the City Council approve
the proposed amendment to Section 36.2-340 to add "eating and drinking
establishments, not abutting a residential district" as a permitted principal use in
the INPUD, Institutional Planned Unit Development District.
RespectfUlly submitted,
~tß ().Kµ
Richard A. Rife, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community
Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
2
i
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, May 18, 2006, 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., Roanoke, Virginia, to consider the
following:
Request from the City of Roanoke Planning Commission to amend
and reordain Division 4, Use Matrix, Section 36.2-340, Zoning,
Code of the City of Roanoke (1979), as amended, to allow eating
and drinking establishments, not abutting a residential district, as a
permitted principal use in the INPUD, Institutional Planned Unit
Development District.
A copy of the petition is available for review in the Department of
Planning Building and Economic 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 with a disability who
needs accommodations for this hearing, please contact the Department
of Planning Building and Economic Development at 853-1730 before
12:00 noon on the Tuesday before the date of the hearing listed above.
"
¡.
Martha P. Franklin, Secretary
City Planning Commission
Please print in newspaper on Tuesday, May 2 and 9, 2006
Please bill and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Economic Development
Room 166, Municipal Building,
215 Church Avenue, S.w.
Roanoke, VA 24011
(540) 853-1730
..".,.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
------ ------- - ----- ---+- - - -- - --
MARY F. PARKER
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
9654206
NOTICEOFPUBLICHEARIN
State of Virginja
City of Roanoke
I, (the undersigned) an authorized rep~-esentative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~~¡ia. Sworn and subscribed before me this
_j~_day of June 2006. Witness my hand and
o ieial seal.
JlitrQ1 ~ "Notary Public
;'f~'i;~-J*¡;i~~;-~3:CL7~~~____ .
'1'1;;
,.
.,
,.
":,JLl-BLIS'!!,ED ON: (..'6/02 06/09
,
..
, :: ~ \ \ \\.'. .
.\\ ,,\
. ~ \
TOTAL COST:
FILED ON:
31·J . ó·l
06/14/06
I NOnCE OF
Th'P~,~~~~ ~I~~I~~ 01
Roanoke will hold a pu'hlic
hearing on Mond<ly.June 19.
2006, at 7:00 p.rn.. or as
soon th'ereafter ¡¡s the
m3ttermaybehClard,lnthe
Council Chamber, fourth'
. floor. in !he \I(.lt') C. Taylor ¡
Municipal Building. 215
Church Avenue. S.W..·
Roanoke, Virginia, toj
consider the following: .
Request from thO;! City of.
Ro a noli e P I <I n n i ng
,Commission to amend and
reordain Section 36.2-340,
I Use Matri~. of Chapter 36.2.'
Zoning. Code of the C I t Y 0 f
Roanoke .( 1979}, as
,lmendcd.lo allow eating
land drinking est<lblishments,
not abutting a rcsidential
Idistrlct. as a permitted I
principal use in the INPUD.
Institution¡¡ Planned Unil
DevclopmentD.strict. .
A copy. of the petition is'
'ûvaiJable for revjcw In thel
011 ice of the City Clerk.
!Room 456. Noel C. Taylor
IMunicipal Building. 215
Church Avcnuc. S.W..
'Roanoke, \lITginia
IAII parties in interest and'
citizens may allpear on Ihe
abo'ic date and be heard on'
the matter. If yOU are ai
personwit!l,ldisãbility~ho,
ncC'ds accommodrltions for'
Ilhi!Õõ hearing. 1llease contact 1
,the City Clerk's Office. at
1853·2541. before noon on,
the Thursdav belore the date
~ of the hearing listed abovl:'. .
GIVE·'II under my hand this:
31st d<ly of Mav. 2006.
iM'~ F. P,,',,"C;t,CI"k.
(9654206' _. .1
----------+-----------------------.
Authorized
Signa::u:::-c:
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, June 19,2006, at
7:00 p.m., or as soon therealìer as the matter Illay be heard, in the Council Chamber, fourth floor, in
the Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia, to consider
the following:
Request from the City of Roanokc Planning Commission to amend and
rcordain Section 36.2-340, Use Matrix, of Chapter 36.2, Zoning, Code of the
City of Roanoke (1979), as amended. to allow eating and drinking
estab1ishmcnts, not abulling a rcsidential district, as a permitted principal use
in the INI'UD, Institutional Planned Unit Deve10pmcnt District.
A copy of the petition is available for review in the OI1ice of the City Clerk, Room 456, Noel
C. Taylor Municipal Building, 215 Church Avenuc, S.W., Roanoke, Virginia.
All partics in intercst and citizens may appear on thc above date and be hcard on the matter.
If you are a person with a disability who needs accommodations for this hcaring, please contact the
City Clerk's Ollice, at 853-2541. bcfore noon on the Thursday belìm:: the date of the hearing listed
above.
GIVEN under my hand this31st day of May
,2006.
Mary F. Parker. City Clerk.
I:V. nOI(~I'YiD."'TNn.I.DI\."OTlÎr:S\.\I,\TRIX· I'LlTlCE _ S.[)(l("
Notice to Publisher:
Publish in thc Roanokc Times once on friday, Junc 2, 2006 and June 9, 2006.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 2401]
(540) 853-2541
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Vrrginia 24011-1 536
Telephone: (540) 853-2541
f',11C (~.JO) 85)-114;'i
E·mail: derk.Ghi.roanoke.\"a.us
STEPHAME ~I. MOO"l, CMC
Deputy CilY Clerk
~IARY t: PARKER. OIC
City Clerk
SHEILA N. HARTMAl'i
A!'!'istant City Clerk
June 26, 2006
File #-51
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
KATZ McCONNEL + ASSOCIATES
35 West Campbell Avenue
Roanoke, Virginia 24011
Gentlemen:
I am enclosing copy of Ordinance No. 37455-061906 amending §36.2-1 00, Code of
the City of Roanoke (1979), as amended, and the Official Zoning Map, City of
Roanoke, dated December 5, 2005, as amended, to amend the INPUD development
plan entitled "Riverside Corporate Centre, Institutional Development Plan," to
include a development plan for property located at the intersection of Franklin
Road, S. W., and Reserve Avenue, S. W., Official Tax No.1 032203, as set forth in the
third Amended Petition filed in the Office of the City Clerk on May 17, 2006.
The above referenced measure was adopted bÿ the Council of the City of Roanoke at
a regular meeting which was held on Monday,June 19, 2006, and is in full force and
effect upon its passage.
Sincerely,
~4f2þ.~;' -/ 'M. rve
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosure
L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06Uun 1906 corr.doc
Rob Sorrentino
KATZ McCONNEL + ASSOCIATES
June 26, 2006
Page 2
pc: Timberbrook Properties, VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia
24018
B & B Holdings, LLC, 217 Reserve Avenue, S. W., Roanoke, Virginia 24016
Norfolk and Southern, 110 Franklin Road, S. E., Roanoke, Virginia 24014
Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W.,
Roanoke, Virginia 2401 5
Rolanda B. Russell, Assistant City Manager for Community Development
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jun 06\Jun 19 06 corr.doc
~\
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of June, 2006.
No. 37455-061906.
AN ORDINANCE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended,
and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to
amend an ThlPUD development plan entitled "Riverside Corporate Centre, Institutional Development
Plan," to include a development plan for property located at the intersection of Franklin Road, S.W.,
and Reserve Avenue, S.W., Official Tax No. 1032203; and dispensing with the second reading by
title ofthis ordinance.
WHEREAS, Roanoke Land Development, LLC, has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to amend an INPUD development plan entitled
"Riverside Corporate Centre, Institutional Development Plan," to include a development plan for
property located at the intersection of Franklin Road, S.W., and Reserve A venue, S.W., Official Tax
No. 1032203;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
June 19,2006, after due and timely notice thereof as required by §36.2-540, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the amendment of the INPUD development plan
entitled "Riverside Corporate Centre, Institutional Development Plan," to include a development
plan for property located at the intersection of Franklin Road, S.W., and Reserve Avenue, S.W.,
Official Tax No. 1032203; 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 mailers
presentcd at the public hearing, finds that the public necessity, convenience, general welfare and
good zoning practice, require the amendment of the INPUD development plan entitled "Riverside
Corporate Centre, Institutional Development Plan," prepared by HSMM for Carilion Medical Center,
CHS, Inc., and B & B Holdings dated October 5, 2004, revised November 11, and November 24,
2004, be amended to include the INPUD development plan entitled HoteVCommercial Site-
Riverside Corporate Center, prepared by Katz McConnell & Associates, dated May 17, 2006, as set
forth in the Third Amended Petition filed in the Office of the City Clerk on May 17, 2006, for
property located at the intersection of Franklin Road, S.W., and Reserve Avenue, S.W., Official
Tax No.1 032203, as herein provided.
THEREfORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official
Zoning Map, City of Roanoke, Virginia, dated Deccmber 5,2005, as amended, be amended to rcflect
thc amcndment ofthc IJ\'PUD dcve10pment plan entitled "Riverside Corporate Centre, Institutional
Development Plan," prepared by HSMM for Carilion Medical Ccnter, CHS, Inc., and B & B
Holdings datcd October 5, 2004, revised November 11, and November 24, 2004, bc amended to
include the INPUD development plan entitled HoteVCommercial Site-Riverside Corporate Center,
prepared by Katz McConnel & Associates, dated May 17, 2006, as set forth in the Third Amended
Petition filcd in the Office of the City Clerk on May 17, 2006, for property located at the intersection
of Franklin Road, S.W., and Reserve Avenue, S.W., Official Tax No. 1032203.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
.\n'hih:cllll"ull(I:\·il:w UtiliI'd
UII¡lrdnfltmin :lA I lt'llh
1'lllnnin :lCO)nIlTli,~illll
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church ,\"CIllIC, S.W.. Room 166
Roanoke. Virginia 24011
Telcphone: (5401853·17.\0 "ax: (5411) 85.\·12311
E-mail: planning(tJ.;ci.roanoke.\·a.us
June 19,2006
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 Roanoke Land Development, LLC, to amend the
INPUD Development Plan, entitled "Riverside Corporate Centre,
Institutional Development Plan," prepared by HSMM for Carilion
Medical Center, CHS Inc., and B & B Holdings, dated 10/5/04,
revised 11/11/04 and 11/24/04, as it applies to Official Tax No.
1032203, being part of the Riverside Corporate Centre, located at
the intersection of Franklin Road and Reserve Avenue, S.W., and
as set forth in the INPUD Development Plan entitled "Hotel/
Commercial site- Riverside Corporate Center, prepared by Katz
McConnel + Associates," such plan as amended providing for the
layout, parking, conceptual commercial uses, a parking deck, and
storm water management of the subject parcel.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, May 18, 2006. Bya vote of
6-0 (Mr. Manetta abstaining), the request was approved.
Background:
At its December 20, 2004, meeting City Council rezoned the properties of the Riverside
Corporate Center from HM, Heavy Manufacturing District, and C-1, Office District, to
INPUD, Institutional Planned Unit Development District, with conditions (Ordinance No.
36926-122004). The following conditions were listed on the INPUD Development Plan:
1. Compatibility of all structures with the character and appearance of the
surrounding neighborhood will be ensured by compliance with the South
Jefferson Redevelopment Design Guidelines.
2. Site lighting shall be in conformance with the South Jefferson Redevelopment
Area Design Guidelines. The maximum lighting level as measured at the
property line resulting from any proposed lighting fixtures shall not exceed 0.5
foot-candles.
3. All parking lot lights shall be white-light source "down lights" designated for 1-2
foot-candles. Height and color of the poles will be in accordance with the South
Jefferson Redevelopment Area Design Guidelines.
4. Parking lot islands will contain landscaping in accordance with the South
Jefferson Redevelopment Area Design Guidelines.
5. Directional, informational, and building identification signs will have a unified
design and size in accordance with the South Jefferson Redevelopment Area
Design Guidelines.
6. Wall mounted signs shall be limited to 1 square foot of signage per linear feet of
the building façade.
At its March 20, 2006, meeting City Council amended the zoning ordinance and map to
establish a Comprehensive Overlay District on the Riverside Corporate Center,
including the subject property (Ordinance No. 37334-032006). The Petitioner requests
to amend the INPUD Development Plan for Riverside Center as it applies to Official Tax
No. 1032203. A Petition to Amend the INPUD Development Plan was filed on April 6,
2006. An Amended Petition was filed on April 21, 2006. A Second Amended Petition
was filed on May 12, 2006. A Third Amended Petition was filed on May 17, 2006
The INPUD Development Plan submitted as part of the Third Amended Petition
proposes six phases of development. Phases 1 through 4 propose buildings fronting on
Reserve Avenue, with a six-story hotel at the southeastern corner of the property. At
the southwestern corner, a six-story hotel or office building is proposed. Between these
two buildings, two eating and drinking establishments, each with two stories, are
proposed. The Development Plan shows Phases 5 and 6 as a nine-story parking deck
and an attached future eating and drinking establishment along the northern edge of the
property.
Conditions Included on the INPUD Development Plan
The petitioner includes the following conditions on the INPUD Development Plan:
1. Compatibility of all structures with the character and appearance of the
surrounding neighborhood will be ensured by compliance with the South
Jefferson Redevelopment Design Guidelines.
2
2. Site lighting shall be in conformance with the South Jefferson Redevelopment
Area Design Guidelines. The maximum lighting level as measured at the
property line resulting from any proposed lighting fixtures shall not exceed 0.5
foot-candles.
3. All parking lot lights shall be white-light source "down lights" designated for 1 to 2
foot candles. Height and color of the poles will be in accordance with the South
Jefferson Redevelopment Area Design Guidelines.
4. Parking lot islands will contain landscaping in accordance with the South
Jefferson Redevelopment Area Design Guidelines.
Two conditions (Nos. 5 & 6) on the INPUD Development Plan, relating to the location, .
size, and design of signs, are not included on the amended INPUD Development Plan.
The Riverside Corporate Center is now regulated by a Sign Overlay District.
Considerations:
Surroundinq Zoninq Districts and Land Uses
The subject property is located at the intersection of Franklin Road and Reserve
Avenue on the campus of the Riverside Corporate Center. North, south, and west of
the property is an INPUD, Institutional Planned Unit Development District, which
contains railroad tracks owned by Norfolk/Southern, various industrial uses, the River's
Edge Sports Complex, and a Riverside Phase I building that is currently under
construction. East of the property is the Franklin Road Bridge, which spans over the
Norfolk/Southern railroad.
Compatibilitv with the Comprehensive Plan
The INPUD Development Plan states that it will be designed and constructed in
accordance with design guidelines in the South Jefferson Redevelopment Plan, adopted
by City Council on March 19, 2001, by Resolution No. 35248-031901. The
Redevelopment Plan divides a 110 acre area 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. The South Jefferson Redevelopment Area
Design Guidelines and the supplemental Campus and Institutional Area standards
ensure that new development fits with the local character while raising the quality of the
built environment in the project area. Standards are set forth for sustainable design
standards, building materials, on-site lighting, landscaping, and sign age. Many of the
design standards provide a higher level of scrutiny than regulations provided for in the
Zoning Ordinance.
The INPUD Development Plan presented with the Third Amended Petition is consistent
with the South Jefferson Redevelopment Plan. The proposed hotel, motel, restaurants,
and parking deck are consistent with the commercial focus that the Redevelopment
Plan envisions for the western portion of the Campus Area. Additionally, the layout and
mass of the proposed buildings comply with the Campus and Institutional Area
3
Standards that require all buildings fronting on Reserve Avenue be 60 to 90 feet tall and
have a rhythm, spacing, and setbacks that create an urban campus design. The
redesigned internal street layout does not continue the central boulevard from the
adjacent campus, but it does coordinate and accommodate the Riverside Center
campus traffic.
The following actions and statements of Vision 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 Carilion,
Virginia Tech, and the University of Virginia (ED A19, p.61).
· Explore the 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 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
space (p. 95)
Recommendation:
Bya vote of 6-0, the Planning Commission finds the petition is consistent with the South
Jefferson Redevelopment Plan and Vision 2001-2020, and recommends City Council
approve the request as set forth in the Third Amended Petition to Amend INPUD
Development Plan, dated May 17, 2006.
Respectfully submitted,
_.
I(~IU; t1. Øþ
Richard A. Rife, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
4
THIRD AMENDED PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve AvenUe, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103; 1032102, 1032101,
1032006, 1032005, 1032002, 1032001, 1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005, 1032002, 1032001, 1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan will further the intent and purposes of the City Zoning
Ordinance and its comprehensive plan in that it will allow for a better use
1
of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS Inc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Riverside Corporate Center, prepared
by Katz McConnel + Associates, dated May 17'", 2006 , and submitted
with this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and.
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this sevente th day of May; 2006.
¡R
By:
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
Phone: 608.423.7717
Fax: 608.423.7722
Local Contact Information:
KATZ McCONNEL + ASSOCIATES
35 West Campbell Avenue
Roanoke, Virginia 24011
Phone: 540 527 1233
Fax: 540 527 1244
2
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1
Location Map of Property-
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PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
TaxID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
Tax ID#: 1040102
C. Owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
CutILION,
[-[enlrh System
-
OFFICE OF THE TREASURER
TELEPHONE: 5402245125
TELECOPIER: 5409854948
DONALD E. LORTON, EVPITREASURER
April 6, 2006,
City of Roanoke
To Whom It May Concern:
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carilion's support and agreement with Roanoke Land Development,
LLC's submittal of a Petition to amend Carillon Health System's Institutional
Development Plan
Po. Bo, .:10032 RO;lr:okl". VA 2,1022
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RoANOKE ~
REDEVELOPMENT
AND HOUSING
AurnORITY
Partners in Progress
May 17, 2006
City of Roanoke Planning Commission
CIO Mr. R. Brian Townsend, Director
Dept. of Planning, Building & Development
Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
RE: Petition to Amend InPUD Development Plan for the Revised Cambria Suites Site
Plan
Members of the Roanoke Planning Commission:
The Roanoke Redevelopment and Housing Authority and its development review
committee have reviewed and discussed the revised plan for the proposed Cambria
Suites development transmitted to us this morning by Curtis E. Mills, Jr., Senior Vice
President, Carilion Heath System, copy attached.
Conceptually, it appears to comply with the intent of the master plan and is consistent
with the solution verbally described and agreed to at the last Planning Commission
workshop. Since the original concept submitted to RRHA did not comply with the
master plan, a resubmittal of this concept, drawn to scale and shown in the context of
the master plan, will be required.
At that time we will evaluate and comment on the finer points of the layout such as
placement of the future parking deck and coordination of vehicular access points.
Very truly yours,
-11Ut'1 &~! Sf I(
Dann Campbell
Community Development Director
Attachment
Roano/œ Redevelopment and HOUSÛlg Authority
P. O. Box 6359 . Roano/œ, Virginia 24017-0359
2624 Salem TurnpiJce. N.W. -Roanolœ, Virginia 24017-5334
Telephone (540) 983-9281 . TDD (540) 98.1-9217 ./i" (540) 983-9229
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5405810125
Π3911d
CARillON BIOMEDICOl
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + -.
ROANOKE LAND DEVELOPMENT, LLC
414 N MAIN ST
CAMBRIDGE WI 53523
REFERENCE: 80140075
9654086
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authori~ed 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
Vi~tpia. Sworn and subscribed before me
_~~~_day of June 2006. Witness my hand
of~l seal
--J~J1
My fomm~ssion
of
thi.s
and
Notary Public
-~ft~QtL1____'
PUB),ISH.ED ON: 06/02 06/09
. .
¡'.'
TOTAL COST:
FILED ON:
."1 G 9.20
06/09/06
.".uthorized
Signature :_~~~Q~~_________'
------
NonCE OF
. PUBLIC HEARING
ITh!! Council of the City of
Roanoke will hold a public
,hearing on Monday, June
19, 2006, at 7;00 p.m" or
as soon thereafter as the
¡matter may be heard, in
·the Council Chamber.
fourth floor, in the Noel C.
Taylor Municipal Building:
215 Church Avenue, S.W..
Roanoke. Virginia. to
consider the following:
I Request from Roanoke
I Land Development. LLC.
to amend the INPUD
i development plan entitled
'~R;verslde Corporate
Centre, Institutional .~.:.
Development Plan,"
prepared b}' HSMM for,
Carilion Medical Center.
CHS, Inc.. and B & B
Holdings, dated October 5'1
2004. revised November
11.2004 and November
24, 2004, to Include the
INPUD development plan
entitled
"Hotel/Commercial Sito-
Riverside Corporate
Center.~ prepared by Katz
McConnel & Associates.
as It applies to Official Tall.
'1 No. 1032203. beIng part
of the Riverside Corporate
Centre, located at the
·intersection of Franklin
,Road. S.W.. and Reserve
Avenue, S.W.. such plan
'as amended providing for'
the layout. parking.
conceptual commercial
uses. a parking deck, and
storm water management
'of the sUbject parcel.
A copy of the petition is'
available for review in the
Office of the City Clerk. .
Room 456, Noel C. Taylor I
'Municipal Building. 215
~Church Avenue, S.W..
I Roanoke. Virginia. ;.
lAII parties In interest and
'citizens may appear on:'
·the above date and be .
heard on the matter. If
you are a person with a
disability who needs
accommodations for this
hearing, please contact
the City Clerk's Office. at
853-254:1., before noon on
the Thursday before the
date of the hearing listed'
above. I
GIVEN under my hand thIS
'I 31st day of May. 2006.
j ;~:;;~e'~ c~"_:e:__!
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l\OTICJo: OF PUBLIC HEARIl\G
The Council of the City of Roanoke will hold a public hearing on Monday, June 19,2006. at
7:00 p.m.. or as soon thcreafter as the malleI' may be heard, in the Council Chamber, fourth floor, in
the Noel C. Taylor Municipal Building. 215 Church Avenue, S.W., Roanoke, Virginia. to consider
the tòllowing:
Request from Roanoke Land Development, LLC to amend the 1NPUD
lkvelopment plan entitled "Riwrside Corporate Centre, Institutional
Development Plan," prepared by IISMM for Carilion Medical Center, CHS.
Inc.. and B & B T!oldin~s, dated October 5,2004. revised Novcmber 11. 2004
~ .
and November 24, 2004, to inelude the 1NPUD development plan entitled
"I Iotel/Commercial Site - Riverside Corporate Cl'llll'r," prepared by Kat¿
:Y1cConnel & Associates, as it applies to Oflieial Tax NO.1 032203, being part
of the Riverside Corporate Centre, located at the intersection of Franklin
Road, S.W.. and Rescrve Avenue, S.W., such plan as amended providing for
the layout, parking. conceptual commercial uses, a parking deck, and ston11
water management of the subject parcel.
A copyofthe petition is available rorreview in the Office orthe City Clerk, Room 456, ?\Joel
C. Taylor .:\1unicipal 8uilding. 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the abovc date and be heard on the maller.
I fyoll are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office. at 853-2541, before noon on the Thursday bet(lre the date of the hearing listed
above.
GIVE?\J under my hand this 31st day of
Hay
.2006.
Mary F. Parker. City Clerk.
.,;
I '.\ r 1()II.:>.I-Y".ll·\ I ~'l': I ])1 ;o;l! 11~·t:S·I(¡)AJ\tlK¡:L·\:-'(ljlj:\"I:I.C lp_:-'lrrl~l:.[l( 1("
~:,"#
Noticc to Publisher:
Publish in the Roanoke Times once on Friday, June 2, 2006 and June 9, 2006.
Send affidavit to:
~ary F. Parker. City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Rob Sorrentino, OW11er
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
(608) 423-7717
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
RO¿U1oke, Virginin 24011-1536
Tc!ephúnc: c'i.. n) 85:;¡-~5.:.i]
1-":1\: 1:'-10) 853·] I..: ~
E-Jl1;1iI: ..:k:rkC~7l'i.rnanokl·.\";J.llS.
~IAR\" F. I'ARKER. OK
CilY Clerk
June 6, 2006
STEI'H,\,<U: M. MOO!'. CMC
Deputy City Clerk
SHEILA ". IIARHIAI\
"'\SSlst.llll ClIY Cler"
File #51
Timberbrook Properties, VI, LLC
B & B Holdings, LLC
Norfolk and Southern
Mr. Donald Lorton
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on the request of Roanoke Land
Development, LLC, to amend the INPUD Development Plan, entitled "Riverside
Corporate Centre, Institutional Development Plan," prepared by HSMM for Carilion
Medical Center, CHS Inc., and B & B Holdings, dated October 5, 2004, revised
November 11, 2004 and November 24, 2004, as the Plan applies to Official Tax
No. 1032203, being part of the Riverside Corporate Centre, located at the
intersection of Franklin Road and Reserve Avenue, S. W., and as set forth in the
INPUD Development Plan entitled" "Hotel/Commercial site - Riverside Corporate
Center, prepared by Katz McConnel + Associates," such Plan as amended provides
for the layout, parking, conceptual commercial uses, a parking deck, and storm
water management of the subject parcel.
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 Economic Development at
540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
r:,~JP~
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\ClERK\DATA\CKEWI\Pu 'lic Hcarin~\PuÞlic Hl'arings 200ó\JUN 06\Attomcys and ^djoining Property O\\l1t.."T:::'.ÙlX
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. w.. Room 456
. Roanoke. Virginia 24011-1536
Teh:phlllle: C5..tOl 85-'-:~5-11
F:l.x: 1540) 853-1]-15
[-mail. ckr .;~~·ci.rl)al1oke.\é1.11:'
STEPHA!>!E \1. \IOOl'ó. eMe
Depm) Ciry \lerk
.\1.-\RY .... P.o\RKER. ("1\1<:
elf)' Clerk
SHEILA N. IlARTMA~
A:õ.:o.I:-lanl Cily Clerk
June 6, 2006
File #51
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
KATZ McCONNEL -+- ASSOCIATES
35 West Campbell Avenue
Roanoke, Virginia 24011
Gentlemen:
Pursuant to provisions of Resolution No.2 5 523 adopted by the Council ofthe City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on the request of Roanoke Land
Development, LLC, to amend the INPUD Development Plan, entitled "Riverside
Corporate Centre, Institutional Development Plan," prepared by HSMM for Carilion
Medical Center, CHS Inc., and B & B Holdings, dated October 5, 2004, revised
November 11, 2004 and November 24, 2004, as the Plan applies to Official Tax
No. 1032203, being part of the Riverside Corporate Centre, located at the
intersection of Franklin Road and Reserve Avenue, S. W., and as set forth in the
INPUD Development Plan entitled, "Hotel/Commercial site - Riverside Corporate
Center, prepared by Katz McConnel + Associates," such Plan as amended provides
for the layout, parking, conceptual commercial uses, a parking deck, and storm
water management of the subject parcel.
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
540-853-2431. Questions with regard to the City Planning Commission report
should be directed to the Department of Planning, Building and Economic
Development at 540-853-1730.
J..:iCI.ERK\ ),'\ T A\CKEWI \PlIblil.: J Icarings\Public 'Iearings 2006\JUf\ 06\Anomeys and Adjoining Properly O\\llcrs.doc .
Rob Sorrentino
KATZ McCONNEL + ASSOCIATES
June 6, 2006
Page 2
It will be necessary for you, or your representative, to be present at the
June 19 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
.JP~
0¡~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L\CLERK\DA T A\CKEWI\Public Ilearings\Public Ilearings 2006'JlJN 06\Attomeys and AdJoimng. Property O\\"nt"T!l..doc
RoANOKE ~
REDEVELOPMENT
AND HOUSING
AurnoRITY
Partners ill Progress
May 17, 2006
City of Roanoke Planning Commission
C/O Mr. R. Brian Townsend, Director
Dept. of Planning, Buildirig & Development
Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
RE: Petition to Amend InPUD Development Plan for the Revised Cambria Suites Site
Plan
Members of the Roanoke Planning Commission:
The Roanoke Redevelopment and Housing Authority and its development review
committee have reviewed and discussed the revised plan for the proposed Cambria
Suites development transmitted to us this morning by Curtis E. Mills, Jr., Senior Vice
President, Carilion Heath System, copy attached.
Conceptually, it appears to comply with the intent of the master plan and is consistent
with the solution verbally described and agreed to at the last Planning Commission
workshop. Since the original concept submitted to RRHA did not comply with the
master plan, a resubmittal. of this concept, drawn to scale and shown in the context of
the master plan, will be required.
At that time we will evaluate and comment on the finer points of the layout such as
placement of the future parking deck and coordination of vehicular access points. .
Very truly yours,
-ltlM'1 &/MI JI1
Dann Campbell
Community Development Director
Attachment
ROlJno/æ Redevelopment and Housing AulJzorily
p. O. Box 6359 . RpanoJœ. Virginia 24017-0359
2624 Salem Turnpike, N.JJ~·.Roano/œ Virginia UOJ7-53J.f
Telephooe (540) 983-9281 . TDD (540) 983-9217 .Jùx (540) 983-9229
'\,.... , .
540581 0125
Π3911d
CARillON BIOMEDICOL
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ÞÞr.II7.GRÞG R~:qT Qaa7,/QTlCa
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, May 18, 2006, 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., Roanoke, Virginia, to consider the
following:
Request from Roanoke Land Development, LLC, to amend the
INPUD Development Plan, entitled "Riverside Corporate Centre,
Institutional Development Plan," prepared by HSMM for Carilion
Medical Center, CHS Inc., and B & B Holdings, dated 10/5/04,
revised 11/11/04 and 11/24/04, as it applies to Official Tax No.
1032203, being part of the Riverside Corporate Centre, located at
the intersection of Franklin Road and Reserve Avenue, S.W., and as
set forth in the INPUD Development Plan entitled "Hotel/
Commercial site- Riverside Corporate Center, prepared by Katz
McConnel + Associates," such plan as amended providing for the
layout, parking, conceptual commercial uses, a parking deck, and
storm water management of the subject parcel.
A copy of the petition is available for review in the Department of
Planning Building and Economic 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 with a disability who
needs accommodations for this hearing, please contact the Department
of Planning Building and Economic Development at 853-1730 before
J 2:00 noon on the Tuesday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City Planning Commission
--~----------------------------------------------------------------------------------------------------
Please print in newspaper on Tuesday, May 2 and 9, 2006
Please bill:
Roanoke Land Development, LLC
414 North main Street
Cambridge, Wisconsin 53523
(608) 423-7717
Please send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Economic 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 AMENDMENT OF INPUD REQUEST OF:
Roanoke Land Development, LLC, Official Tax No. 1032203)
On Reserve Avenue, S.w. )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 24th day of April, 2006, notices of a public hearing to be held on the 18th day of
May, 2006, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Tax No.
Name
Address
1040202
City of Roanoke Parks and Rec
1040102
Timberbrook Properties, VI, LLC
5100 Bernard Drive
Roanoke, VA 24018
1032208
B & B Holdings, LLC
217 Reserve Avenue, SW
Roanoke, VA 24016
Norfolk Southern Corp
110 Franklin Road, SE
Roanoke, VA 24011
1032203
Donald Lorton POBox 40032
Carilion Health Systems Roanoke, VA 24022
/JJ~ .¡J~ cfi~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th, day of April, 2006. , .f) , /") I )
~.J...Þ.-LUL- (AX iLl cL·t"'---"
Notary Puui¡c
My Commission Expires: ,::) I d ~ J 01
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.w., Room 456
Roanoke, VIrginia 24011-1536
T(-lephonl': (540) 853-254]
Fux: (540) 853-1145
E-mail: c1crk(¡}ci.ro:mokc.....a.us
STEPHANIE M. MOO"'. CMC
Deputy City Clerk
MARY F. PARKER. OIC
City Clerk
SHEILA ~. HARDIAN
A~~iswnl City Clerk
May 18, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 2401 5
Dear Mr. Rife:
Pursuant to Section 36.2-540(c)(4) 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 May 17, 2006, from Roanoke Land Development, LLC,
requesting amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan with regard to 16 parcels of land lying in the City of
Roanoke, on or near Reserve Avenúe, S. W., identified as Official Tax Nos.
1032203,1032208,1032209,1032207,1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001,
1031902, and 1032201, zoned INPUD, Institutional Planned Unit Development
District.
AY~ l~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
I. \Cl I'RK\IlA TA\('KF.WI\RElO~I'N(ì .'\~D STRlET Cl.OS1:RL:\Rezonill¡!S· Slreel AIlC'y OI."Rt'iIfloke L:lJ\d De.,,· Ri"C'~iJc ("''ll\)llllC Center am::n..lme:IIJ.u..)~
Richard A. Rife
May 18, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
The Honorable Gwendolyn W. Mason, Council Member - Elect,
3841 Bosworth Drive, S. W., Roanoke, Virginia 24014
The Honorable David B. Trinkle, Council Member - Elect,
2855 S. Jefferson Street, Roanoke, Virginia 24014
Roanoke Land Development, UC, 414 North Main Street, Cambridge,
Wisconsin 53523
KATZ McConnel & Associates, 35 West Campbell Avenue, Roanoke,
Virginia 24011
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
James P. Gilmer, City Planner II
Sheila N. Hartman, Assistant City Clerk
L \CLf.RK\DAT A\cKl:Wl\Rr,zor-:I¡';G AND STRHT CI.OSURF.\Rezonings. SlTeCt Alley 06\R08nuke Land On - Rivenidt' Corpurar.c Center ~nlJ doc
THIRD AMENDED PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve Avenue, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102,1032101,
1032006, 1032005, 1032002, 1032001, 1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005,1032002,1032001,1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan will further the intent and purposes of the City Zoning
"".",;.!'.;,( ..',.. :.,
Ordinance and its comprehensive plån'ih thaf.'it'will allow for a better use
of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS Inc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Riverside Corporate Center, prepared
by Katz McConnel + Associates, dated May 17th, 2006. and submitted
with this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this sevente th day of May, 2006.
By:
lK
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Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin S3523
Phone: 608.423.7717
Fax: 608.423.7722
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Local Contact Information:
KATZ McCONNEL + ASSOCIATE5
35 West Campbell Avenue
. Roanoke, Virginia 24011
,. Phone:.540 527 1233
Fax: 540 527 1244
2
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1
Location Map of Property-
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PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC .
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
Tax ID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
Tax ID#: 1040102
C. Owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
CutILION
Hen/ih System
OFFICE OF THE TREASURER
TELEPHONE: 5402245125
TELECOPIER: 5409854948
DONALD E. LORTON, EVPITREASURER
April 6, 2006
City of Roanoke
To Whom It May Concern:
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carilion's support and agreement with Roanoke Land Development,
LLC's submittal of a Petition to amend Carilion Health System's Institutional
Development Plan
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Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner: _frDfnVÙICE LMJO-
DQJ-
Date S);? ß b
Petition Includes:
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Filing Fee: S
Name, address and phone number of petitioner
Names, signatures and addresses of the owner or owners of the
lots or property including in the proposed change
Description of the purpose for the requested zoning district
classification and the proposed use of the property.
Concept plan outlining features of the proposed use of the property
including buildings, parking, access, and similar features;
Map of the area requested for rezoning:
Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto.
tVff(
Secretary, City Planning Commission
Fee Schedule
Rezoning to Residential Districts
RA. R-12. R-7. R-5. R-3. RM-l, RM·2, RMF
5600 + $25 per acre or any portion
Rezoning to Commercial Districts
CN. CG. CL5
$900 + $25 per acre or any portion
Rezoning to Industrial Districts 1·1. 1-2
$900 + S25 per acre or any portion
Rezoning to Special Purpose Districts
D, Downtown
MX, Mixed Use
IN, Institutional District
ROS, Recreation and Open Space
AD. Airport Development
$900 + 525 per acre or and portion
Rezoning to Planned Unit Developments Districts
MXPUD, Mixed PUD
INPUD. Institutional PUD
IPUD, Induslrial PUD
Sl ,000 + $25 per acre or any portion
Rezoning to Overlay Districts
H- , Historic Downtown
H-2, Neighborhood Historjc
NO, Neighborhood Design
RCC. River and Creek Corridor
C5, Comprehensive Sign
5250
Amendment to Proffered Conditions
$500
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S,W.. Room 456
Roanoke. Vrrginia24011-1536
Telephone: (540) 853-2541
Fax: (5401 853-1145
E·m'lIl: c1erk@ci.roanoke.\'a.us
STEPHANIE M. MOON. CMC
Deputy City Clerk
MARY F. PARKER. CMC
City Clerk
SHEILA N. HARTMAN
Assistalll City Clerk
May 12, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 2401 5
Dear Mr. Rife:
Pursuant to Section 36.2-540(c)(4) 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 May 12, 2006, from Roanoke Land Development, LLC,
requesting amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan with regard to 16 parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, S. W., identified as Official Tax Nos.
1032203, 1032208, 1032209, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001,
1031902, and 1032201, zoned INPUD, Institutional Planned Unit Development
District.
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Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L:\CI..F.RK\DAT AICK.EWI\REZONING A!'."D Sl'REET CLOSUREIRezonings - SlJttI Allt)' ()6\Rnanoke Land Dcv - Rivmoide CorpoT'il1e Center amendlTltnl2 doç
Richard A. Rife
May 12, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
The Honorable Gwendolyn W. Mason, Council Member - Elect,
3841 Bosworth Drive, S. W., Roanoke Virginia 24014
The Honorable David B. Trinkle, Council Member - Elect, 2855 S.
Jefferson Street, Roanoke, Virginia 24014
Roanoke Land Development, LLC, 414 North Main Street, Cambridge,
Wisconsin 53523
KATZ McConnel & Associates, 35 West Campbell Avenue, Roanoke,
Virginia 24011
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
James P. Gilmer, City Planner II
Sheila N. Hartman, Assistant City Clerk
L \CLERK\DATA\CKEW1\RF.zONI~G AA"D STREET CLOSUlŒiRezllnmgs - Street Alley 06\Rolll1l.'kc: Land Dev . Rivmldc C01'JXlr:ue Cm:n- :unendmc:nI2 doc
SECOND AMENDED PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve Avenue, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102,1032101,
1032006, 1032005, 1032002, 1032001, 1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005,1032002,1032001,1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan will further the intent and purposes of the City Zoning
Ordinance and its comprehensive plan in that it will allow for a better use
of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS lnc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Rive~~t:~:Z.fa;ate Center, prepared
by Katz McConnel + Associates, dated , 2006 , and submitted with
this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this twelfth day of May, 2006.
By ~/)-- -
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
Phone: 608.423.7717
Fax: 608.423.7722
Local Contact Information:
KATZ McCONNEL + ASSOCIATES
35 West Campbell Avenue
Roanoke, Virginia 24011
Phone: '540 527.1233
Fax: 540 527 1244
2
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PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1
Location Map of Property-
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
Tax ID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
Tax ID#: 1040102
C. Owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
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CAItILION
1-1 eLl I rh Sys rem
OFFICE OF THE TREASURER
TELEPHONE: 5402245125
TELECOPIER: 540 985 4948
DONALD E. LORTON, EVPITREASURER
April 6, 2006
City of Roanoke
To Whom It May Concern:
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carilion's support and agreement with Roanoke Land Development,
LLC's submittal of a Petition to amend Carilion Health System's Institutional
Development Plan
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Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
e ap.-U01« ~f) Ô ÐJ '
Date IS l¡z / ?-Jðb
p~lncludes:
V ./1. Name, address and phone number of petitioner
----:7~,; Names, signatures and addresses of the owner or owners of the
lots or property including in the proposed change
~ Description of the purpose for the requested zoning district
classification and the proposed use of the property.
~ /. Concept plan outlining features of the proposed use of the property
0· including buildings, parking, access, and similar features;
_ . Map of the area requested for rezoning;
_ 6. Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto.
-
Filing Fee: $
-
ion
Rezoning to Residential Districts
RA, R·12, R-7. R-5. R-3. RM·I, RM·2. RMF
5600 + S25 per acre or any portion
Rezoning to Commercial Districts
eN, CG. ClS
$900 + $25 per acre or any portion
Rezoning to Industrial Districts 1-1, 1-2
$900 + $25 per acre or any ponion
Rezoning to Special Purpose Districts
D, Downtown
MX. Mixed Use
IN, Institutional District
ROS, Recreation and Open Space
AD, Airport Development
5900 + $25 per acre or and portion
Rezoning to Planned Unit Developments Districts
MXPUD, Mixed PUD
rNPUD, Institutional PUD
IPUD, Industrial pun
$1,000 + $25 per acre or any portion
Rezoning to Overlay Districts
H·I, Historic DowrHown
H-2, Neighborhood Historic
NO. Neighborhood Design
RCC, River and Creek Corridor
C5, Comprehensive Sign
S250
Amendment to Proffered Conditions
S500
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w., Room 456
Roanoke. Vlfginia 240 I 1-1536
Telephone: f54U) 853-2541
Fax: (540) 853-1145
E-IlI:lil: clerk@cj.roamlke.\'a.us
MARY F. PARKER, CMC
Cil)' Clerk
April 24, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S; W.
Roanoke, Virginia 24015
Dear Mr. Rife:
STEPHANIE M. MOON. OIC
DcpUly City Clerk
SHEILA N. HARTMAN
A~!'i.!ot:lnl Cily Clerk
Pursuant to Section 36.2-540(c)(4) 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 April 21, 2006, from Roanoke Land Development, LLC,
requesting amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan with regard to 16 parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, S. W., identified as Official Tax Nos.
1032203, 1032208, 1032209, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001,
1031902, and 1032201, zoned INPUD, Institutional Planned Unit Development
District.
Sincerely, _ ()
f'\A-; J. r~~·
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
[ '\CLERKIDATA\CKEWI\REZONING ASD STREET CLOSURElRezonill85 - Srrect Alley06\Ro:tnukc: Land Dev - RiveDide Corpor3JC: Cenln ammdmenll.doc
Richard A. Rife
April 24, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Roanoke Land Development, LLC, 414 North Main Street, Cambridge,
Wisconsin 53523
KATZ McConnel & Associates, 35 West Campbell Avenue, Roanoke,
Virginia 24011
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
James P. Gilmer, City Planner II
1 :\rI.F.RK\DA T A\CKEWI\lŒZOS~G AND STREET CLOSURE\Raonings . SlJ'C:C1 Alley 06\RCIallCIke I...lInd Dc,"· Riverside COlpOrar.e Cenu:r amendmr:nll.d(Ic
AMENDED PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve Avenue, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102,1032101,
1032006, 1032005, 1032002, 1032001, 1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005,1032002,1032001,1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan will further the intent and purposes of the City Zoning
Ordinance and i~s cbmprehensive plan in that it will allow for a better use
of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS Inc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Riverside Corporate Centre, prepared
by Katz McConnel + Associates, dated April 6'", 2006 ,and submitted with
this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
1"W6
Respectfully submitted this siltth d
- \="W:~T
of April, 2006.
);s¿
By:
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin S3S23
Phone: 608.423.7717
Fax: 608.423.7722
Local Contact Information:
KATZ McCONNEL + ASSOCIATES
35 West Campbell Avenue
Roanoke, Virginia 24011
': '" Phone: 540 527 1233
Fax: 540 527 1244
2
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1 :
Location Map of Property-
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PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
Tax ID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
Tax ID#: 1040102
C. Owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
, ~.
CAItILION
¡-¡edit/¡ System
., ,.
...·.':t. >'
I I. ,
OFFICE OF THE TREASURER
,TELEPHONE: 540 224 5125
TELECOPIER: 540 985 4948
DONALD E. LORTON, EvprrREASURER
April 6, 2006
City of Roanoke
To Whom It May Concern:
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carilion's support and agreement with Roanoke Land Development,
LLC's submittal of a Petition to amend Carillon Health System's Institutional
Development Plan
rton
Executive Vice President
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AMENDED PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve Avenue, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102,1032101,
1032006, 1032005, 1032002, 1032001, 1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005, 1032002, 1032001, 1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan wiH furtherthe intent and purposes of the City Zoning
I '.. _I .' : . ~ .. ., :: ;
Ordinance and its comprehensive plan in that it will allow for a better use
of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS Inc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Riverside Corporate Centre, prepared
by Katz McConnel + Associates, dated April 6'\ 2006 , and submitted with
this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
. the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Á7£
By:
Rob Sorrentino, Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin S3S23
Phone: 608.423.7717
Fax: 608.423.7722
",lr .,'.
Local Contact Information:
KATZ McCONNEL + ASSOCIATES
3 S West Campbell Avenue
Roanoke, Virginia 24011
'. n
Phone: 540 S27 1233
Fax: S40 S27 1244
2
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1 :
Location Map of Property-
·
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
Tax ID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
TaxID#: 1040102
c. .owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
.
CutILION
f-fe(¡{rh S~vsrem
'-'-'.
April 6, 2006
City of Roanoke.
To Whom It May Concern:
:.';t"
. '.' ~ J
OFFICE OF THE TREASURER
. TELEPHONE: 5402245125
TELECOPIER: 540 985 4948
DONALD E. LORTON, EVPITREASURER
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carillon's support and agreement with Roanoke Land Development,
. LLC's submittal of a Petition to amend Carillon Health System's Institutional
Development Plan
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Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
Rom }{){(T
Liw., /0 fJÐv. t....L. C
{
Date c¡/z I
Petition Includes:
?~:
A.
/4.
~,
6,
Filing Fee:
Name, address and phone number of petitioner
Names, signatures and addresses of the owner or owners of the
lots or property including in the proposed change
Description of the purpose for the requested zoning district
classification and the proposed use of the property,
Concept plan outlining features of the proposed use of the property
including buildings, parking, access, and similar features;
Map of the area requested for rezoning:
Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto,
¡J!1t
$
Secretary, (it _
Fee Schedule
Rezoning to Residential Districts
RA, R-12, R-7, R-5, R-3, RM-l, RM'2, RMF
5600 T 525 per acre or any portion
Rezoning to Commercial Districts
eN, CG, CL5
$900 + $25 per acre or any portion
Rezoning to Industrial Districts 1-1. 1-2
$900 + $25 per acre or any portion
Rezoning to Special Purpose District~
D. Downtown
MX, Mixed Use
IN, Institutional District
ROS, Recreation and Open Space
AD. Airport Development
$900 + $25 per acre or and portion
Rezoning to Planned Unit Developments Districts
MXPUD, Mixed PUD
INPUD, Institutional PUD
¡PUD. Industrial PUD
$1,000 + $25 per acre or any portion
Rezoning to Overlay Districts
H'l, Historic Downtown
H'2, Neighborhood Historic
NO. Neighborhood Design
RCC. River and Creek Corridor
CS, Comprehensive Sign
5250
AIllp.lldment to Proffered Conditions
5500
CITY OF ROANOKE
OARCE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke. Vrrginia 240 11-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
. E-mail: c1crk@d.roanokc.\.a.us
STEPHANIE M. MOO!>. CMC
Deputy City Clerk
~IARY F. PARKER. CMC
City Clerk
SHEILA N. HARTMAN
As~istant City Clerk
April 7, 2006
File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 2401 5
Dear Mr. Rife:
Pursuant to Section 36.2-540(c)(4) 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 April 6, 2006, from Roanoke Land Development, LLC, requesting
amendment of the Riverside Corporate Center Institutional Planned Unit
Development Plan with regard to 16 parcels of land lying in the City of
Roanoke, on or near Reserve Avenue, S. W., identified as Official Tax Nos.
1032203, 1032208, 1032209, 1032207, 1032106, 1032105, 1032104,
1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001,
1031902, and 1032201, zoned INPUD, Institutional Planned Unit Development
District.
;;:'V' J. ~
Mary F. ~er, CMC
City Clerk
1....
-
MFP:ew
Enclosures
L"\C:LF.RKillAT A\('Kf:W]\REZO~IXG A:>iO .'iT\l EET C1..fJ':i.URE'.R'l:wl\I:lgs - Sl~tl. ....l\r:i O(",R~¡,mokt Lane!. l)e,. _ RivCTside COI1l<ITJ.le CC'f\ler alnendlUenl.d!'c
Richard A. Rife, Chair
April 7, 2006
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Roanoke Land Development, LLC, 414 North Main Street, Cambridge,
Wisconsin 53523
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
James P. Gilmer, City Planner II
1:\ï1.F.RK'.DATA\CIŒWI\REZOS",G AND STRHT CI.QSt:RE\Rewnings· Strrd Alley 06\Roanokc Land Dev - Rh"er¡ide C('lrpoIõllC CenleT"i1mendmt'ßl.doc
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of the Riverside Corporate Center Institutional Planned
Unit Development Plan on sixteen (16) parcels of land lying in the
City of Roanoke, on or near Reserve Avenue, identified as Official
Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102,1032101,
1032006,1032005,1032002,1032001,1031902, and 1032201,
zoned INPUD, Institutional Planned Unit Development District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance No. 36926-122004, at the request of CHS, Inc., and
B & B Holdings, LLC, City Council rezoned the properties identified as
Official Tax Map Numbers 1032203, 1032208, 1032209, 1032207,
1032106,1032105,1032104,1032103,1032102, 1032101, 1032006,
1032005, 1032002, 1032001, 1031902, and 1032201, 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 Center. A location map of
the properties is attached as Exhibit 1.
The Petitioner, Roanoke Land Development, LLC, owns, or has
under contract to purchase, a portion of said land in the City of Roanoke
and requests that the INPUD Development Plan relating to said properties
be amended as hereinafter set out.
The Petitioner believes that the subject amendment of the INPUD
Development Plan will further the intent and purposes of the City Zoning
Ordinance and its comprehensive plan in that it will allow for a better use
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of the subject property.
The Petitioner hereby requests that the INPUD Development Plan,
entitled Riverside Corporate Centre, Institutional Development Plan,
prepared by HSMM for Carilion Medical Center, CHS Inc., and B & B
Holdings, dated October 5, 2004, revised November 11, 2004, and
November 24, 2004, be amended as it applies to Official Tax Map
Number 1032203 and as set forth in the INPUD Development Plan
entitled Hotel/Commercial site - Riverside Corporate Centre, prepared
by Katz McConnel + Associates, dated April 6'h, 2006. and submitted with
this petition as Exhibit 2.
Attached as Exhibit 3 are the names, addresses and tax numbers of
the owner or owners of all lots or property immediately adjacent to and
immediately across a street or road from the subject properties.
WHEREFORE, the Petitioner requests that the above-described
amended INPUD Development Plan be approved as herein set out in
accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this sixth day of pril, 2006.
By:
Owner
Roanoke Land Development, LLC
414 North Main Street
Cambridge, Wisconsin 53523
Phone: 608.423.771 7
Fax: 608.423.7722
2
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 1 :
Location Map of Property-
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QlOOS NlIWIEQ
PETITION TO AMEND INPUD DEVELOPMENT PLAN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petitioner, Roanoke Land Development, LLC
Exhibit 3:
A. Owner: City of Roanoke Maher Fields
Address: 215 Church Ave, Room 250
Roanoke, VA 24011
Tax ID#: 1040202
B. Owner: Timberbrook Properties VI LLC
Address: 5100 Bernard Dr
Roanoke, VA 24018
Tax ID#: 1040102
C. Owner: B & B Holdings LLC
Address: 217 Reserve Ave SW
Roanoke, VA 24016
Tax ID #: 1032208
D. Owner: Norfolk and Southern
Address: 110 Franklin Rd SE
Roanoke, VA 24014
Tax ID #: None listed
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CutILION
I-leu It/¡ .'¡""stelll
OFFICE OF THE TREASURER
TELEPHONE: 5402245125
TELECOPIER: 540 985 4948
DONALD E. LORTON, EVPfTREASURER
April 6, 2006
City of Roanoke
To Whom It May Concern:
As Executive Vice President and Treasurer of Carilion Medical Center, I would
like express Carilion's support and agreement with Roanoke Land Development,
LLC's submittal of a Petition to amend Carilion Health System's Institutional
Development Plan
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Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
(J
K D P<\Vù 1(-£
Date 4 Ie, lOb
.
LPc1JO WI¡. L L C.
I
Petition Includes:
/
1,
,/ 2.
/ 3_
/4_
¿::~:
Filing Fee: $
Name, address and phone number of petitioner
Names, signatures and addresses of the owner or owners of the
lots or property including in the proposed change
Description of the purpose for the requested zoning district
classification and the proposed use of the property_
Concept plan outlining features of the proposed use of the property
including buildings, parking, access, and similar features;
Map of the area requested for rezoning;
Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto.
500.00
I)~r. ~~
Secretary, City Planning Commission
Fee Schedule
Rezoning to Residential Districts
RA, R-12, R-7, R-5, R-3. RM-l, RM-7, RMf
$600 + $25 per acre or any portion
Rezoning to Commercial Districts
CN. ce, Cl5
$900 - S25 per acre or any portion
Re¿oning to Industrial Districts 1-1, 1-2
5900 + 525 per acre or any portion
Rezoning to Special Purpose Districts
D, Downtown
MX, Mixed U~e
IN, Institutional District
ROS, Recreation and Open Space
AD, Airport Development
S900 + $25 per acre or and portion
ReLoning to Planned Unit Development~ Districts
MXPUD, Mixed PUD
INPUD, Institutional PUD
IPUD. Industrial PUD
$1,000 + 525 per acre or any portion
Rezoning to Overlay District~
H-I, Historic Downtown
H-2. Neighborhood Historic
NO. Neighborhood Design
RCC, River and Creek Corridor
CS, Comprehensive Sign
5250
,A,mendment to Proffered Conditions
$500