HomeMy WebLinkAboutCouncil Actions 07-17-06
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ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 17, 2006
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Vice-Mayor Trinkle 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 Mayor C. Nelson Harris.
Welcome. Mayor Harris.
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,
July 20, 2006, at 7:00 p.m., and Saturday, July 22, 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, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, 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 Carl E. "Sonny" Tarpley, Jr.,
former Mayor of the City of Salem, Virginia, for his exemplary public service.
Adopted Resolution No. 37470-071706. (5-0)
File #80
')
A Resolution paying tribute to the Honorable Roger E. Hedgepeth, former
Mayor of Blacksburg, Virginia, for his exemplary public service.
Adopted Resolution No. 37471-071706. (5-0)
File #80
Recognition of Summer Interns.
File #80
Proclamation declaring the month of July 2006 as Parks and Recreation
Month.
File #3
3.
CONSENT AGENDA
Approved (5-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meetings of Council held on Monday, May 1,
2006, recessed until Thursday, May 4, 2006, and recessed until Thursday,
May 11, 2006; and Monday, May 15, 2006.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
C-2 Minutes of the Audit Committee meeting held on Monday, March 6,
2006.
RECOMMENDED ACTION: Received and filed.
File #300
C-3 A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
File #110-132
3
C-4 A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
File #1 32
C-5 A Resolution adopted by the Western Virginia Water Authority
expressing appreciation to Michael W. Altizer for his service as Chair and
Director of the Authority.
RECOMMENDED ACTION: Received and filed.
File #468
C-6 A communication from David C. Key, Chair, Board of Trustees, City of
Roanoke Pension Plan, transmitting the 2005 Annual Report.
RECOMMENDED ACTION: Received and filed.
File #429
C-7 Qualification of the following persons:
Sandra K. Brunk as a member of the Roanoke Arts Commission,
for a term ending June 30, 2009;
Lucy R. Ellett as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 2009; and
R. Brian Townsend as the City's representative to Virginia's First
Regional Industrial Facility Authority, for a term ending June 30,
2010.
RECOMMENDED ACTION: Received and filed.
File #15-110-230-379-526
4
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
.
New Code Enforcement Efforts Update
10 minutes
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a Summer Food Program Grant from the United
States Department of Agriculture Food and Nutrition Services,
in the amount of $21 0,400.00; and appropriation and transfer
of funds.
Adopted Budget Ordinance No. 37472-071706 and
Resolution No. 37473-071706. (5-0)
File #60-67-236-304
2. Acceptance of an Urban and Community Forestry Grant from
the Virginia Department of Forestry, in the amount of
$14,987.00; and appropriation of funds.
Adopted Budget Ordinance No. 37474-071706 and
Resolution No. 37475-071706. (5-0)
File #60-236-240
3. Appropriation of $ 500,000.00 from Retained Earnings in
connection with emergency procurement of engineering and
construction services for the Market Garage.
Adopted Budget Ordinance No. 37476-071706. (5-0)
File #60-516
:;
4. Authorization for acquisition and demolition of certain flood
prone residential properties located within the floodplain
through the Federal Emergency Management Agency Hazard
Mitigation Grant Program.
Adopted Budget Ordinance No. 37477-071706 and
Resolution No. 37478-071706. (5-0)
File #60-236-237
5. Execution of an amendment to the 2004-2005 CDBG/HOME
Agreement with the Roanoke Redevelopment and Housing
Authority.
Adopted Resolution No.3 74 79-071706. (5-0)
File #1 78-200-236
6. Authorization to procure police requested towing services.
Adopted Resolution No. 37480-071706. (5-0)
File #5
7. REPORTS OF COMMITTEES:
a. Request of the Roanoke City School Board for appropriation of funds
in connection with the Edgar A. Thurman Charitable Foundation for
Children and the Algebra Readiness Summer Program; and a report of
the Director of Finance recommending that Council concur in the
request. Kenneth F. Mundy, Executive Director of Fiscal Services,
Spokesperson.
Adopted Budget Ordinance No. 37481-071706. (5-0)
File #60-467
b. Request of the Roanoke City School Board to transfer funds in
connection with construction costs for Patrick Henry High School and
Monterey Elementary School; and a report of the Director of Finance
recommending that Council concur in the request. Kenneth F. Mundy,
Executive Director of Fiscal Services, Spokesperson.
Adopted Budget Ordinance No. 37482-071706. (5-0)
File #60-467
6
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Lea commended Council Member Dowe with
regard to his work with Roanoke's young people and the
Youth Summit which will be held on August 3 at 3:00 p.m. at
the Roanoke Civic Center.
Council Member Lea requested the support of Council and the
citizens of Roanoke in connection with the 7th Annual
Western Virginia Education Classic which will be held on
August 31 at Liberty University.
File #80-304-467
Council Member Dowe commended The Roanoke Times on
the success of the July 4th Music for Americans which was
held at River's Edge Sports Complex; organizers of the
Coventry Commonwealth Games of Virginia which were held
on July 14 - 16 in the Roanoke Valley; and the opening
ceremony of World Changers on July 15 at Jackson Park
Middle School.
File #80-178-227-334
The Mayor introduced and the Council adopted a resolution
changing the place of commencement of the joint meeting of
Council and the Roanoke City School Board scheduled to be at
9:00 a.m., on Monday, August 7,2006, from Room 159 in the
Noel C. Taylor Municipal Building to the Media Center at
Jackson Middle School, 1004 Montrose Avenue, S. E.
Adopted Resolution No. 37483-071706. (5-0)
File #132-467
7
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.
12. CITY MANAGER COMMENTS:
The City Manager advised that the Mayor will present the State
of the City Address on Wednesday, July 26, 2006, at 7:30 a.m.,
in the Cafeteria at Patrick Henry High School.
File #525
The City Manager invited the Mayor and Members of Council to
view the first of the newly painted police vehicles with the black
and white design, the City logo and the police shield, which will
be on display in the Council's parking lot at 4:00 p.m.
File #5
CERTIFICATION OF CLOSED SESSION. (5-0)
The following persons were appointed/reappointed to boards and
commissions:
Brian J. Wishneff
File #1 5-11 0-326
Roanoke Valley-Allegheny Regional
Commission for a term ending June 30,
2009.
JoAnn Edmunds and -
Krista Blakeney
File #1 5-110-304
Youth Services Citizen Board for terms
ending May 31, 2009.
8
Robert H. McAden
File #15-67-110
Parks and Recreation Advisory Board to
fill the unexpired term of Gwen W.
Mason, resigned, ending March 31, 2007.
Roanoke Public Library Board for a term
ending June 30, 2009.
Carlos H. Brunal
File #15-110-323
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.
9
ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 17,2006
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Vice-Mayor Trinkle and Council
Member Wishneff were 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 Mayor C. Nelson Harris.
Welcome. Mayor Harris.
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,
July 20, 2006, at 7:00 p.m., and Saturday, July 22, 2006, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
]0
A. PUBLIC HEARINGS:
1. Request of Dalton Place, LLC, and A &J Holdings, Inc., to permanently
vacate, discontinue and close Granger Road, S. W. James R. Smith,
Managing Partner, Spokesperson.
Adopted Ordinance No. 37484-071706. (5-0)
File#514
2. Request of Trustees of Metropolitan Community Church of the Blue
Ridge that property located on Jamison Avenue, S. E., identified as
Official Tax No. 4120113, be rezoned from RM-2, Residential Mixed
Density District, to IN, Institutional District, subject to certain
conditions proffered by the petitioner. Maryellen F. Goodlatte,
Attorney.
Adopted Ordinance No. 37485-071706. (5-0)
File #51
3. Request of Arellano Orange, LLC, that a proffer of a site plan showing
the layout and access to property located in the 2900 block of Orange
Avenue, N. E., identified as Official Tax No. 7090408, and a proffer
prohibiting outdoor advertising on the subject property, be repealed,
and replacing such proffers with a proffer of a new site plan showing
the layout and access to the subject property dated May 18, 2006.
Elijio Arellano, Owner, Spokesperson.
Adopted Ordinance No. 37486-071706. (5-0)
File #51
4. Request of Western Virginia Emergency Medical Services Council, Inc.,
a non-profit organization, for tax exempt status of certain real
property located at 1944 Peters Creek Road, N. W. Darlene L.
Burcham, City Manager; and Robert H. Logan, III, Executive Director,
Western Virginia Emergency Medical Services Council, Inc.,
Spokespersons.
Adopted Ordinance No. 37487-071706. (5-0)
File #79
II
5. Proposal of the City of Roanoke to convey an 11.067-acre parcel of
City-owned land located at the intersection of Orange Avenue and
Blue Hills Drive, N. E., to Blue Hills Village, LLC. Darlene L. Burcham,
City Manager.
Inasmuch as six affirmative votes are required, action on
an ordinance to convey the above referenced property was
deferred until the regular meeting of Council on Monday,
August 7, 2006, at 2:00 p.m.
File #166
6. Proposal of the City of Roanoke to convey a 0.2457-acre parcel of
City-owned land located on Nelms Lane, N. E., to L & L Development
Corporation. Darlene L. Burcham, City Manager.
Inasmuch as six affirmative votes are required, action on
an ordinance to convey the above referenced property was
deferred until the regular meeting of Council on Monday,
August 7, 2006, at 2:00 p.m.
File #166
B. 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.
Valerie B. Garner, Chair, Countryside Neighborhood Alliance, and
John Taylor, 3527 Laurel Ridge Road, N. W., spoke with regard to
the Countryside Golf Course property.
File #558
Joseph Alexx Bell, P. O. Box 2831, spoke with regard to
proposed economic development activities for the City of
Roanoke.
File #450
12
CITY OF ROANOKE
CITY COUNCIL
C. ¡l;ELSO~ HARRIS
Mlt~or
21) Church AVl'lllll', S.W.
\loci C. Tal'l¡) " \1unicipal Building. Room -l5ñ
Roanokc. Virginia 2'"'011-1 :"36
Tdcphnllc: (540) ~53-25-11
fa.x: t5~OI8S3-114:,
July 17, 2006
Counl'il :\1t'mbt'rs:
Allh:d T. 1)0\\'1,.', Jr.
Hl'\'t'r!y T. Filzpatrick. Jr.
Shennan P. I.en
Gwen W. t\"1a.sllll
D;lvid ß. Trillkk'
Brian J. WIShlll'lr
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
This is to advise you that I will be out of the City and will be unable to attend the Council
meeting on Monday, July 17, 2006.
With best regards,
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David B. Trinkle
Vice-Mayor
DBT:snh
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
CITY COUNCIL
:!15 Chun.:hAvt'lluc. S.W.
:\ocl C. Taylor ;\'1UI1il'ipill Huiltling. Room-l-:'f'i
Roanoke. Virginiil2-tOl1~15Jti
Telephone: (540) 85J-:!5" ']
Fax: 15-lù) g53-11-l5
C. :\F.I.S0i'i HARRIS
:\I:l)or
July 17, 2006
Council \'·lel1lbl'rs:
Alfred 1'. I)owt.'. Jr.
Lk\'crly T. Filzpatri\:k. Jr.
Shl'fman P. L('a
Gwen W. \cfason
David B. Trinkle
Brian J. Wishnl'lT
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
This is to advise you that I will be out of the City and will be unable to attend the Council
meeting on Monday, July 17, 2006.
.
BJW:snh
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
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IN TilE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of July, 2006.
No. 37470-071706.
A RESOLUTION paying tribute to the Honorable Carl E. "Sonny" Tarpley Jr.,
fonner mayor of the City of Salem, for his exemplary public service.
WHEREAS, Mr. Tarpley was born in Salem, Virginia, and educated at Andrew
Lewis High School in Salem, and at Tennessee Wesleyan College in Athens, Tennessee;
WHEREAS, having been first elected to Salem City Council in 1974, Mr. Tarpley
served as mayor from July 1996 to June 2006;
WHEREAS, Mr. Tarpley has given unselfishly of his time, knowledge and
experience to achieve efficient, progressive and responsive government;
WHEREAS, Mr. Tarpley has advocated the expansion of business in Salem
through the redevelopment of available land and the attraction of new business;
WHEREAS, Mr. Tarpley has worked to effect important changes during his
tenure, ineluding the establishment of Salem's independent school system, new high
school and building upgrades, the development of many new municipal facilities, the
building of the city's football and baseball stadiums, and many others;
WHEREAS, Mr. Tarpley has been actively involved in the community, beginning
the Mayor's Youth Council in 2000 to bring young people into the political process and
encourage them to pursue a career in public service at the municipal level;
WHEREAS, during his time on Salem City Council, Mr. Tarpley served on
numerous committees in addition to participation with the Virginia Municipal League
and other organizations to benefit the city of Salem; and
WHEREAS, upon his resignation as mayor of Salem, Carl E. "Sonny" Tarpley Jr.
concludes 32 years of public service with the City of Salem.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
I. This Council adopts this means of recognizing and commending the many
services rendered to the City of Salem and its people by the Honorable Carl E. "Sonny"
Tarpley Jr..
2. The City Clerk is directed to forward an attested copy of this resolution to the
Honorable Carl E. "Sonny" Tarpley Jr..
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
Roanoke. VIrginia 240 11-1536
Telephone: (54U) 85.1·.:!S41
¡';ax: (540, l:i53-1 145
[-mail: ..:lcr\.;0.ci.ro.:¡n(.1ke.\"3.11:-.
STEPHA"'IE ~1. MOO'. Oil'
Deputy ClIY Ckr~
SHEILA J\. I~:\RT'I:\:'\
r\S:-.bl,lI11 Cil~ Clerk
July 19, 2006
File #80
The Honorable Roger E. Hedgepeth
706 Appalachian Drive, #6
Blacksburg, Virginia 24060-3078
.,
Dear Mayor Hedgepeth:
I am enclosing copy of Resolution No. 37471-071706 recognizing your exemplary
public service as Mayor of the Town of Blacksburg.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006.
Sincerely, /J
n /Þ---O -1 r ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:lClERK\DATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence D6\Jul D6\July 17 06 eorresp.doc
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of July, 2006.
No. 37471-071706.
A RESOLUTION paying tribute to the Honorable Roger E. Hedgepeth, former
mayor of Blacksburg, Virginia, for his exemplary public service.
WHEREAS, Mr. Hcdgepeth was born in Norfolk, Virginia, and received
bachelor's and master's degrees from Virginia Polytechnic Institute and State University
in Blacksburg, Virginia;
WHEREAS, Mr. Hedgepeth served in the U.S. Army and was employed as a
faculty member in Mechanical Engineering and Cooperative Education at Virginia Tech
for 38 years prior to his retirement in 1996;
WHEREAS, Mr. Hedgepeth lias bccn actively involved in the community,
serving on the Blacksburg- Virginia Tcch Liaison Committee, Town-County Liaison
Committee, Virginia Tech/Montgomery Airport Authority, Metropolitan Planning
Organization Board, and the Blacksburg Partnership Board of Directors, among others,
and was thc town's elcctcd representativc on the Transdominion Express Steering
Committee;
WHEREAS, having been first elected to Blacksburg Town Council in 1980, Mr.
Hedgepeth served as Blacksburg's mayor from 1982 to 2006;
WHEREAS, Mr. Hcdgepcth has actively promoted Blackburg's innovations in
modern government and led in economic development, downtown cnhancemcnt and thc
pursuit of an assured future for all its citizcns;
WHEREAS, upon his resignation as Blacksburg mayor, Roger E. Hedgepeth
concludes 26 years of public service with the Town of Blacksburg.
-.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council adopts this means of recognizing and commending the many
services rendered to the Town of Blacksburg and its people by the Honorable Roger E.
Hedgepeth.
2. The City Clerk is directed to forward an attested copy of this resolution to the
Honorable Roger E. Hedgepeth.
ATTEST:
City Clerk.
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CITY OF
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ROANOKE
n·1IEREA.\', £u..'lin~ Ij\"ill~ t'x/Jl'riem:cs prtH'idl! opportunities for YOllng pf~{Jl'll'
to grow anú ckl'l,:/ofl intfJ L'o1llrihuting memhas (~fs{)(:j¡:(r. cmdfor adults to create
comimlOus Nfe l!xf'l!rÙ!11ces: £lnd
Jf1l£/{£.4..\: parks and recreatiof1 uKèllâe.\" prm'ide OIl/It.!I.\' for pJ~J'sicaJ
aCln'ilies, sociali:atio1J and slres.\'-redllcing experiences and KCnerall'
opportunities for ml!m/1a.\" (?f the comnmnily to ("orne! together through fun-filled
yel'retui(lIl,,1 pllr.mi!.\': and
'mERE-M', parks, flk~Jgr()Uluh hall .fh·/cb; JJaJllrl' trai!.,", ''INfl spaces,
comm1it,;~\' und clJ/lIIr£l1 centers and historic sites make communities allrw.:til'c'
Clnd de.\';raMe plaù's to liw, \mrk. play ancl visit and co1ltrihllle to ongoing
t!f..'onmnic vitaliiy: and
lVHt."'R..EAS. {'arks, ,1.'7el'nH'(~~:'i ond of/l'n space pro \'ide II ·wl~ll.'omt' respite/rom
our fast-paced, hi¡;h-tl'l;h lifl'.\·ly/~s, while protecting and lm~serving thl! f1l.l1ural
elwirrmmem; and
rf1IEREAS. park\" ancl recreation agencies louch Ihe ¡¡l't'S (l indil'iduals,
families. ;''701lpS lIndlhe entire commllni~r. hy positiw.dy iml'ol:ling Ihe .weial,
economic, health Cllld em'ironmcllIa/ quubty (!f Ihe cOll1mlmi~v
NOW: 111EREFORE. I. C. NeI.wln Harris. A1ayor (?lthl' City ,?f Uocl11oke.
Firginia, encourage a// citi:en.\· to partic:ipCltl! in their choice (!f actil'e /¡¡'i1lg
l'xperiencl!.'i toJind reþ·e.\hmenl and rcnewed l'itClIi~r. and do hcrchy proclaim the
momh Of.JII~'¡.', 2()(J(¡ , Ihrollghvullhis grèal A/I-Aml!ric:£l City. as
PARKS ANI) RECREATION MONTH.
( iil'l!nllnder our hands Clnd the St'al (?f the City of Uoanoke Ihis .\'el'ent~I.'nlh d{~v fl
Ju~~' ill the year /lw thousand and .\"ix.
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C. NdwJ1l lIarris
^-/(~\'or
A1arl' F. Parker
Cil}: Clerk
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MINUTES OF ROANOKE CITY AUDIT COMMITTEE
1. CALL TO ORDER:
March 6, 2006
The meeting of the Roanoke City Audit Committee was called to order at 11 :00 a.m.
on Monday, March 6, 2006, with Chair, Dr. M. Rupert Cutler, presiding.
. The roll was called by Mrs. England
Audit Committee
Members Present:
Audit Committee
Member Absent:
Others Present:
Dr. M. Rupert Cutler, Chair
Mayor C. Nelson Harris
Vice-Mayor Beverly T. Fitzpatrick, Jr.
Alfred T. Dowe, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
Drew Harmon, Municipal Augitor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Asst. City Manager for Community
Development
James Grigsby, Acting Asst. City Manager for Operations
Octavia Johnson, Sheriff
James Brubaker, Major Deputy Sheriff
Faye Tardy, Assistant to the City Manager
Mike Tuck, Assistant Municipal Auditor
Pam Mosdell, Information Systems Auditor
Cheryl Ramsey, Auditor
Geri Hayes, Senior Auditor
Doris England, Administrative Assistant
Todd Jackson, Roanoke Times Reporter
2. APPROVAL OF MINUTES FROM DECEMBER 19,2005, MEETING
Chairman Cutler asked if there were any amendments to the minutes of the
December 19, 2005, Audit Committee meeting. There were none. Mr.
Fitzpatrick moved and Ms. McDaniel seconded that the minutes be approved as
distributed. A vote was taken and the motion carried. The minutes will be
placed on the Consent Agenda for the next City Council meeting.
Audit Committee Minutes - March 6, 2006
Page 2
3. INTERNAL AUDIT REPORTS:
A. Clerk of the Circuit Court
B. Contract Administration
c. Independent Accountant's Report - Roanoke City Sheriff's Office
Chairman Cutler ordered that items A through C be received and filed.
There were no objections to the order. Chairman Cutler recognized Mr.
Harmon for comments on each of the audits beginning with the Clerk of the
Circuit Court.
Mr. Harmon stated the Clerk of the Circuit Court audit is done annually with
Municipal Auditing following the program provided by the Auditor of Public
Accounts (APA). The city auditing staff does its part of the audit, and the
APA then does its part. Mr. Harmon stated that once the APA completes its
part of the audit, the final report will be brought before the Audit
Committee. On the city's part, there were no findings.
Chairman Cutler asked Mr. Harmon to introduce the newest staff member of
Municipal Auditing. Mr. Harmon introduced Geri Hayes, Senior Auditor, who
began work with the department on January 23, 2006.
Chairman Cutler explained he would like to change the order of the agenda
and discuss the Independent Accountant's Report next, saving the Contract
Administration report for last.
Mr. Harmon proceeded with the Independent Accountant's Report and
explained that this was a turnover audit of the Sheriff's Department. Sheriff
Johnson requested the audit be done when she took office to make sure the
accounts were in order. Mr. Harmon explained the signatures on the
accounts had been changed and all the balances were reconciled. There
were no findings, and Mr. Harmon thanked the Sheriff's staff for its help.
Chairman Cutler asked Ms. Johnson if she would like to make any
comments. Ms. Johnson stated she appreciated the work done by the
auditing staff and was glad that everything came out in good standing.
Chairman Cutler asked Mr. Harmon to proceed to the Contract
Administration audit report. Mr. Harmon stated this was a performance
audit, and the city has several hundred thousand dollars worth of contracts
awarded. There are dozens of contracts; the exact number is not known at
this time because the database listing all contracts is not complete. Mr.
Harmon stated the procedures for contract administration are available to
city employees in Section 10 of the Procurement Manual. He further stated
the city had made substantial progress in recent years identifying existing
contracts and ensuring contracts include the city's required terms and
conditions. Mr. Harmon stated the city management is now working toward
better administration of contracts.
Audit Committee Minutes - March 6, 2006
Page 3
Chairman Cutler stated this was an important report. He said that on several
occasions of visiting the library he had noted the poor conditions of the
restrooms, as well as the variance of cool and warm lighting tubes in the
ceiling which does not provide a nice appearance. Dr. Cutler quoted
statements made in the audit report and noted, "The libraries have been
dirtier and less sanitary than was intended based on the service levels set in
the city's contract."
Chairman Cutler proceeded to the discussion of the Market Square Walkway
and explained that he walks across it several times a week. He stated the
escalators are sometimes out of service, and the bridge is not as clean as it
should be. Even the banner welcoming visitors to this All-America City has
slid together so that it is unreadable. Dr. Cutler quoted specific procedures
listed in the report that were suggested in the city's procurement manual
but were not being followed. As stated in the report, Dr. Cutler quoted, ''The
cleaning services provided have been substantially below the quality
specified in the contract."
Chairman Cutler proceeded to the portion of the audit report addressing
Park Restroom Cleaning. He stated the inspections of Highland Park, Fallon
Park and Lakewood Park revealed dirty sinks, fixtures, and mirrors; and also
no paper towels or tissue paper. He then asked Ms. Burcham and Mr.
Harmon how this issue could be addressed. Mr. Dowe asked if state budget
cuts several years ago had impacted these services. Chairman Cutler replied
that this was not an issue of funding, but one of the city not receiving the
services agreed to under existing contracts. Mr. Harmon explained the
contracts specify the service level, and the contractors agree to those
services. Mr. Lea stated it was clear that contractors were not performing as
they had agreed to in the contract. Mr. Fitzpatrick stated that as the city
goes to more out-sourcing, it must do a better job of managing those
services. Chairman Cutler stated that he and Mr. Harmon had discussed the
issues with the Market Square Walkway, and Mr. Harmon stated the
escalators were down quite often, were subject to vandalism, and it might be
a better solution to have fixed stairs instead of the escalators. Mr.
Fitzpatrick agreed stairs would be better since elevators are provided.
Mayor Harris asked Ms. Burcham for her comments on the issue.
Ms. Burcham stated that the city is not where it needs to be in regard to
contract administration, although it is progressing. In 2000, the city did not
have a procurement manual. She added that contract administration is an
art, and what many organizations fail to realize is that when you out-source,
there is a greater responsibility to monitor than when staff performs those
services. The city has utilized out-sourcing in an effort to save money and
reduce costs. Ms. Burcham explained that it is very difficult to acquire
contractors for the walkway; the city has probably had five different ones,
and she has not been pleased with any of them. She agreed with an earlier
statement made by Mr. Harmon that contractors low-bid the project and
Audit Committee Minutes - March 6, 2006
Page 4
then try to cut corners, which just does not work. She said that prior to her
seeing this report, she and Mr. Harmon had discussed the need to do a
presentation to the Leadership Team on contract administration and to
emphasize the responsibilities it involves. Ms. Burcham stated in the case of
the libraries, the Building Maintenance department is the contract
administrator, but the library employees are in the libraries all day and
perhaps would make better administrators. The city needs to do a better job
of assigning contract administration responsibilities within the department
itself. Ms. Burcham noted that in some instances of contractor performance,
some of the expectations may not be realistic. The city may need to be
more specific and focus on the immediate appearance that the average
citizen sees. Ms. Burcham stated she would be happy to look at changing
the escalators to stairs. She explained the escalators are out a lot because
people deliberately push the emergency button to be playful, which
sometimes happens at two or three o'clock in the morning. The city is
looking at ways to monitor activity around the escalators through the 24-
hour staff at the Police administration building. The signage for the
elevators has been limited because the escalators were designed to be the
primary mode [of egress and ingress for the walkway]. Ms. Burcham was
asked if there are cameras in the walkway, to which she responded that
there are cameras in the walkway, but that she was not sure if cameras are
focused on the escalators.
Chairman Cutler stated it occurred to him as he read this report that
photographs could be a potential benefit. He stated some of the non-
compliance issues could be more evident if the auditing staff carried a
camera with telephoto capability and took pictures, attaching them to the
report. Mr. Harmon stated that pictures were taken and included in the work
papers on this audit to document what was observed. He has discussed
including photographs with audit reports with his staff and will pursue how
this can best be done.
Dr. Cutler asked Mr. Harmon to summarize the discussion of this audit
report. Mr. Harmon stated contract administration is difficult and that
documenting vendor performance is critical to ensure vendors are treated
fairly and the city receives the services for which it has paid. Problems
should be communicated to the contractor immediately in order to provide
the vendor an opportunity to respond to and remedy any issues. Regarding
the escalators, Mr. Harmon stated that Building Maintenance should monitor
the costs associated with maintaining the escalators in order to evaluate
costs versus benefits.
Mayor Harris asked Ms. Burcham to quantify the cost of maintaining the
escalators and the cost of replacing them with stairs. He also asked if she
could talk with management at Hotel Roanoke to determine if the city might
contract with the hotel to service the market walkway. The Mayor noted that
the walkway could be considered an extension of the conference center and
Audit Committee Minutes - March 6, 2006
Page 5
is likely as much of a concern to the hotel administration as it is to the city.
Ms. Burcham stated that she had spoken with the hotel administration in the
past about the walkway and that it might be good if Mayor Harris spoke to
them in his role as a member of the Hotel Commission. Mayor Harris asked
if Hotel Roanoke management had been open to helping address walkway
issues in the past. Ms. Burcham replied that she felt the hotel staff would
prefer not to service the walkway, but that the hotel has been one of the
greatest critics of the problems with the walkway. She noted that she had
never addressed the walkway issue with the hotel from the perspective of
the walkway being an extension of the Hotel Roanoke and Conference
Center. Ms. Burcham stated that she will be glad to have this conversation
with the hotel staff and that it would probably be appropriate for discussion
at a Hotel Commission meeting. Ms. Burcham stated she had worked with
Debbie Moses in getting signage placed in the walkway, so the hotel
certainly has an interest in the walkway.
Mr. Fitzpatrick noted that a staircase in the market walkway was
recommended in the city market district study. He suggested the city
administration should develop costs for a fixed staircase assuming it will
extend out through the front of the walkway structure toward the market
building. This would be an initial, positive step toward implementing the
recommendations in the market study.
4. UNFINISHED BUSINESS:
There was no unfinished business to come before the committee.
5. NEW BUSINESS:
Chairman Cutler recognized Mr. Harmon for comments on the update of
staffing and the current audit plan. Mr. Harmon stated there would be one
more audit committee meeting this fiscal year, which would take place in June.
He stated the newest employee on his staff, Geri Hayes, had already been
introduced to the committee members. There will also be an additional change
in staffing. Information Systems Auditor, Pam Mosdell, has requested to work
part-time for three days a week in order to spend more time with her children.
Mr. Harmon stated he had worked with Human Resources and agreed to that
arrangement in order to retain her experience and expertise. He noted that this
change will be a reduction of four tenths of a full time position. He also .
explained that over the last four years, the department has reduced staffing by
approximately 20 percent as a budget reduction strategy. Mr. Harmon stated
that he is evaluating contracting with recently retired auditors in the area to
provide audit services on an "as needed" basis in the future.
Audit Committee Minutes - March 6, 2006
Page 6
Mr. Harmon stated there would be a number of audit reports coming to the
committee in June. These include audits of the following.
· Social Services Administration - business function
· Purchasing Cards - expenditures and compliance with policies
· Occupational Health - process for performing phYSicals
· Small, Minority, and Women-owned Businesses - efforts of departments
to incorporated these businesses in purchases under $ 50,000
· Change Control for Building Inspection
· Weed Abatement - compliance issues
Chairman Cutler asked about the close-out of Johnson and Johnson. Mr.
Harmon replied that his department works with management as issues arise in
performing non-audit services, such as this. A letter was presented to
management regarding the issue of the Johnson and Johnson performance
agreements. Mr. Harmon stated his department is also evaluating the business
office function of the library. These two items are in addition to the Audit Plan.
Mr. Harmon stated that several audits in the current audit plan that will not be
performed. He stated that changes in the auditing process have required more
time to complete audits and that the vacancy of a senior auditor position for
approximately six months have created the need to eliminate audits from the
plan.
Chairman Cutler asked Mr. Harmon for comments on the relationship with the
school system. Mr. Harmon stated the School Audit Committee meeting was
held in February, and it was decided that Municipal Auditing would provide
some information to the Board. Over the next three months, information will
be formulated through a work group and presented to the School Board to
consider how those members want to set up boundaries of the audit function.
Once there is something the School Board feels comfortable with, Mr. Harmon
said he would bring it before City Council.
Chairman Cutler asked if the committee members had any questions for Mr.
Harmon. There were none.
6. ADJOURNMENT
There being no further business, the meeting was adjourned at 11 :33 a.m.
_~ (~~ r
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M. Rupert Cutler, Chair
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH MENUE. S.W.. ROOM 452
ROA"IOKE. VIRGII'IA 2~OI 1-15<)~
TELEPI II ).'\1:: 15":'01 :-::":'I-~..U·:
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Co "IELSON IIAKIUS
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July 17, 2006
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
c...1(~ ~
C. Nelson Harris
Mayor
CNH:snh
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
:\'ocl C. Tclylor Municlpal ßuildillM
215 Church A\'enlll~. S.\V., Room 364
Rlhlnnkc. Virginia 24-011-1:=>91
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July 17, 2006
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene in a Closed Meeting to discuss
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the City,
pursuant to §2.2-3711 (A)(3), Code of Virginia (1950), as amended.
arlene L. Bur
City Manager
DLB:ld
cc: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke, Virginia 24011-1536
Tekph;'nc. (5~tll K:í3-¿5-l-
Fax: (::;40) X:iJ ] ]45
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STFPHA1\IF 1\..1. MOON. Cl\IC
)qllir~ Ctry Uerk
.\tAR\' F. P¡\RKER. c!\.Ie
("il) Clerk
smm.A K IlARTMA"
As~i.~taI11 Cit\' Clerk
July 26, 2006
File #468
Jean Thurman, Secretary
Western Virginia Water Authority,
Board of Directors
601 S. Jefferson Street, Suite 200
Roanoke, Virginia 24011-2414
Dear Ms. Thurman:
A Resolution adopted by the Western Virginia Water Authority expressing
appreciation to Michael W. Altizer for his service as Chair and Director of the
Authority, was before the Council of the City of Roanoke at a regular meeting
held on Monday, July 17, 2006. On motion, duly seconded and adopted, the
Resolution was received and filed.
Sincerely,
~~'M.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
L:\CLERKIDATA\CKEW1\AGENDA CORRESPONDENCE'agenda correspondence 06\Jul 06\July 17 06 corresp.doc
./
C-5
RESOLUllON #77 (06-06)
. OF THE
WESTERN VIRGINIA WATER AUTHORITY
Thanking Michael W Altizer for his Service as Chairman and Director of the Authority
WHEREAS, the Western Virginia Water Authority (the "Authority"), a public service
authority formed and existing in accordance with the provisions of Chapter 5 I of Title 15.2
of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act §§
15.2-5100-152-5158 (the "Act"), has benefited from the generous and capable service of its
first Chairman, Michael W. Altizer; and
WHEREAS, while serving as a member of the Board of Supervisors of Roanoke
County, Virginia Michael W. Altizer recognized the political and operational opportunity in
the formation of the Western Virginia Water Authority and had the political will and
personal courage to wholeheartedly support the proposal, permitting staff representatives of
the City of Roanoke and Roanoke County Utility Departments to develop the concept and
jealously guarding their prerogatives in order to give them the opportunity to discern an
equitable basis for a merger and then, once the idea began to take shape, was diligent in
nurturing it and permitting it to grow and develop, and,
WHEREAS, heretofore by concurrent resolutions the Board of Supervisors of
Roanoke County, Virginia, and the City Council of the City of Roanoke, Virginia, appointed
Michael W. Altizer to serve a two-year term as a director of the Western Virginia Water
Authority, and
WHEREAS, he was rewarded by being named the Authority's first Chairman and
being given the opportunity to introduce the Western Virginia Water Authority to the
constituents of Roanoke City and Roanoke County as well as to the Commonwealth of
Virginia and beyond; and has graciously and good humoredly (but firmly) asserted his
opinions and expressed his viewpoints as the Authority has grown and gained strength and
momentum.
NOW THEREFORE, be it resolved by the Board of Directors of the Western Virginia
Water Authority that they each extend their heartfelt thanks and gratitude to Michael W.
Altizer for his sel\~ce to the Authority, and that they send him their warmest regards and best
wishes for his continued health and success
AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Board of Supervisors of Roanoke County, Virginia, and to the City Council
of the City of Roanoke, Virginia, with the request that it be read into the permanent public
records of such governing bodies
- I -
This resolution shall take effectimrnediately._
Directors absent 0
Votes in Favor __r¿_
V otes Against 0
Abstentions 0
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Elmer Hodge T
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CERTIFICATION
The undcn,igned secretary of the Westclll Virginia Water Authority does hereby
certify that the ftlrcgoing is a true. complete and correct Resolution adopted by a vote of a
majority of the Directors of the Western Virginia Watcr Authority, present at a regular
mecting or the l30ard of Directors or the Westcrn Virginia Water AUlhtlrily duly callcd and
held .Junc 15.2006. at which a quorum was present and acting throughout, and that the same
has not been amended or rescinded and is in full force and effect as of the date of this
certification. .July ,~'2-. 2006.
/IN'
( 1,,,'~"""'rÎI" J" )Z//_7.Tl"")/} ")"1",
~"n Thurman. SCLTetarv.
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estern Virginia Water Authority
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MAI{Y F. PARI\ER. nlc
City CI::rk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Churdl Avenue. S.\\".. Room 456
Roanokt~. Virginia 24011-l536
Te]c-phun..:: (540) ¡.:;:n-2541
ra.\: ¡54!)¡ :-:53-] 145
E-mail: l.lr["i;.(f.¡..:i.r\I;Hhlkc.\·n.tl.;
STEPHANIE M. \W01'. {'\IC
fkputy Ciry Ckrk
SIIEII.A 'I. IJARUIA'I
.-\~~i.~'a/ll Ciry qerJ..
July 20, 2006
File #429
David C. Key, Chair
Board of Trustees, City of Roanoke Pension Plan
3012 Spring Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Key:
Your communication transmitting the 2005 Annual Report of the Board of
Trustees, City of Roanoke Pension Plan, was before the Council of the City of
Roanoke at a regular meeting held on Monday, July 17,2006. On motion, duly
seconded and adopted, the Annual Report was received and filed.
Sincerely,
~~M. Yv1l)~
Stephanie M. Moon, CMt-
Deputy City Clerk
SMM:ew
pc: Jesse A. Hall, Secretary, Board of Trustees, City of Roanoke Pension Plan,
Andrea F. Trent, Retirement Administrator
L:\CLERI\\DATAICKEW1\AGENDA CORRESPONDENCE'<lgenda correspondence 061Jul 06\July 17 06 corresp.doc
~
ROANOKE
RETIREMENT ADMINISTRATION
Noel C. Taylor Municipal Building
215 Church AvenuE'. SW. Room 461
Roanoke, Virginia 24011
540.85,.2062 fax: 540.853.6142
C-6
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees'
activities for the time period July 1, 2005 through June 30, 2006. The written minutes of
each Board of Trustees meeting are located in the office of the Retirement
Administrator, Andrea F. Trent.
On behalf of the appointed members of the Board of Trustees, we would like to take this
occasion to thank City Council for the opportunity to be of service to our City.
Sincerely,
e~yC /;7
Chairman
DCK:ca
Attachment
c: Mary F. Parker, City Clerk
Board of Trustees, City of Roanoke Pension Plan
Annual Report
City of Roanoke Pension Plan Board of Trustees
June 30, 2005
There were four meetings scheduled during the above referenced time period.
July 13, 2005 Meeting
Members present: David C. Key
Jesse A. Hall
George F. Taylor
Donna S. Johnson
Efren T. Gonzalez
Darlene L. Burcham
Anthony P. Wallace
Michael W. Hanks
Members absent: Mayor C. Nelson Harris
The Board approved:
· 4 retirements from Employees' Retirement System (ERS); and
· 20 retirements from Employee's Supplemental Retirement System (ESRS).
· 2 non-occupational disabilities from ESRS.
The Board denied:
· 1 non-occupational disability from ESRS.
· 2 non-occupational disability appeals from ESRS.
Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key.
Motions were made and seconded to accept the revised Statement of Investment Policy,
increase the portfolio's international exposure and decrease domestic equity exposure. A
motion was made and seconded to remove T. Rowe Price from the line-up on investment
fund providers and add State Street EAFE Index, GMO, and Thomas White to the line-up.
It was reported to the Board that a 2.25% cost of living adjustment for retirees was
approved by City Council. This adjustment was effective July 1, 2005.
October 12, 2005 Meeting
Members present: David C. Key
Donna S. Johnson
Efren T. Gonzalez
Jesse A. Hall
George F. Taylor
Michael W. Hanks
Members absent: Mayor C. Nelson Harris
Darlene L. Burcham
Anthony P. Wallace
The Board approved:
· 3 retirements from ERS;
· 27 retirements from ESRS;
· 4 applications for spousal allowances due to retiree deaths.
Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key.
Bill Dowd and Bill Reid, of Palmer & Cay Consulting Group, attended the meeting to
present the results of the 2005 Actuarial Valuation.
January 11, 2006 Meeting
Members present: David C. Key
Efren T. Gonzalez
Jesse A. Hall
George F. Taylor
Anthony P. Wallace
Michael W. Hanks
Members absent: Mayor C. Nelson Harris
Donna S. Johnson
Darlene L. Burcham
The Board approved:
· 1 retirement from ERS;
· 14 retirements from ESRS;
· 1 non-occupational disability from ESRS; and
· 5 applications for spousal allowances due to retiree deaths.
The Board denied:
· 1 occupational disability from ESRS;
· 3 non-occupational disabilities from ESRS;
· 2 non-occupational disability appeals from ESRS; and
· 1 occupational disability appeal from ESRS.
Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key.
It was announced that a Request for Proposals (RFP) for Investment Consulting Services
has been published and is open through February 6, 2006.
The Board received a copy of the Auditor's Report and a copy of the Pension Plan
Comprehensive Annual Financial Report. It was noted that the Pension Plan received a
"clean opinion" from KPMG, the Auditors.
April 12, 2006 Meeting
Members present: David C. Key
Efren T. Gonzalez
Donna S Johnson
Jesse A. Hall
Michael W. Hanks
George F. Taylor
Members absent: Mayor C. Nelson Harris
Anthony P. Wallace
Darlene L. Burcham
The Board approved:
· 3 retirements from ERS;
· 18 retirements from ESRS;
· 2 non-occupational disabilities from ESRS; and
· 2 applications for spousal allowances due to retiree deaths.
Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key.
It was announced that 8 firms, who had responded to the RFP, have been interviewed for
Investment Consulting Services. A decision is expected in the next few weeks.
Four trustees' terms expire effective June 30, 2006. Efren Gonzalez, Michael Hanks,
David Key, and Anthony Wallace were acknowledged for their service to the Board of
Trustees.
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
July 19, 2006
File#15-110-230
Judith M. St.Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St.Clair:
This is to advise you that Sandra K. Brunk has qualified as a member of the
Roanoke Arts Commission for a term ending June 30, 2009.
Sincerely, 0
~~ -). r~
Mary F. Parker, CMC
City Clerk
.J....
-
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sandra K. Brunk, do solemnly 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 Arts Commission, for a
term ending June 30, 2009, according to the best of my ability (So help me
God).
~A1 d/va;.;f 7?vuUt~
Subscribed and Sworn to before me this .J~ay Of~ 2006.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~R'A /Æ /;!c.h~. CLERK
1.:\CLERK\DATA\(,KEWI\oalh and leaving service\Ans Commission\Sandra K Brunk oath 06.doc
/;.:
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\«;~~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.\\'.. Room 456
RlXInoke. \r,rginia 24011-1536
Tclcrho:ìt' C)-WI :':5":'-~5':]
r;I\: C:'i":IH :-;:~.:'-II-í~
E-III:li!: ("1t'1"klg·Clln:trlO"t·.\·:i.ll~
STEPHA:';IE ~L MOil:';. OW
Depu,~' (!l~' Ckr~.
:,\l,\RY F. PARKER. C;\fC
Cily ClL'Ik
SItEILA N. HART.\!:\ '\
A~...i"':'1Il1 CII~ Ck;":.
July 19, 2006
File #1 5-67-110
Donald R. Witt, Chair
Roanoke Valley Greenway Commission
3332' Kenwick Trail, S. W.
Roanoke, Virginia 24018
Dear Mr. Witt:
This is to advise you that Lucy R. Ellett has qualified as a member of the Roanoke
Valley Greenway Commission for a term ending June 30, 2009.
Sincerely, ~
/ì IA... . .J. ' {>..,.. Á~
( ") --0
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway
Commission, P. O. Box 29800, Roanoke, Virginia 24018
Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Lucy R. Ellett, do solemnly 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 Valley Greenway
Commission, for a term ending June 30, 2009, according to the best of my
ability (So help me God).
0(7 ;f £Ø1;t;t
Subscribed and sworn to before me this3'Dt!,. day o~N~
Co
200þ.
BRENDA . HAMILTON, CLERK OF THE CIRCUIT COURT
, CLERK
B
L.\CI.ERK\DATA\CKE\\Toath and k'3\"ing scmcc',Ro:mtlkL' \'all~y greeßv.ay commis~illn\!.ucy R Ellen oalh06.dlH.:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.\V.. Room 456
Roanoke. Virginia 240 11-1536
Tl'ie¡);~(llle· ()~(Î) S5'} :':,..j!
r;!\ I :'-+fi) ¡::,:;:-. j J..! ~
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STEPHA]\;IE ]\1. !\10t);\". (,;\IC
DepuTy (':IY Ckr~
l\1AIÙ' r. PARKER. C\1C
CIIY Ck,"
SHEILA ~. II:\H.T:\J..\\"
.:"~...i~l;ln; Cil~· C"krt.
July 19, 2006
File #15-110-526
Shelia Smith, Project Manager
Virginia's First Regional Industrial Facility Authority
6580 Valley Center Drive -
Box 21
Radford, Virginia 24141
Dear Ms. Smith:
This is to advise you that R. Brian Townsend has qualified as a City of Roanoke
representative to Virginia's First Regional Industrial Facility Authority for a term
ending June 30, 2010.
r\'~¿P~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, R. Brian Townsend, do solemnly 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 City of Roanoke representative to Virginia's First
Regional Industrial Facility Authority, for a term ending June 30, 2010, according
to the best of my ability (So help me God).
-pf~ l~
Subscribed and sworn to before me this dday of ~ 2006.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY G-~ 'f % f)~ClERK
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
1\,11'1 C. Taylm MlIlliripal Building
:?."15 Church AV('l1ue, S.\V., Rlll)m 364
ROJlloke, Virgini,~ 2-1-ln 1-1 ::191
T(·l.'phlllll': (~·hl) :-'53-2J.~:'i
]:.1': (5W) s~-\ 11.'-"'i
City \\'d~: \n\'\\ .rO,llll)b'\',l ~(n'
July 17, 2006
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
Subject:
Update on New Code
Enforcement Efforts
This is to request space on Council's agenda for a 10 minute presentation of
the above referenced subject.
Respectfully submitted,
Darlene L. urcham
City Manager
DLB:sm
c: City Clerk
City Attorney
Director of Finance
Crime Prevention through Code Enforcement
On July 1, the City of Roanoke, in ·partnershipwith the Office of the
Commonwealth's Attorney, implemented several new code enforcement
initiatives that fight crime by improving the City's ability to address
nuisance p·roperties. This program recognizes that crime increases in
neighborhoods where nuisance violations occur and go unchecked.
Hence, the program's name: "Crime Prevention through Code
Enforcement." These initiatives result from the efforts of the City and the
Commonwealth's Attorney to continuously improve our code
enforcement programs. Improving our programs required education on
"best practices" being utilized by other communities and public
engagement with our citizens. Roanoke Neighborhood Advocates (RNA)
provided significant leadership in the areas of education regarding best
practices and in facilitating our public engagement process. The new
code enforcement initiatives described below broaden the authority of
City employees to issue citations for several of the most common
violations, and also improve the efficiency of our enforcement and
abatement process. These new initiatives are the first in a series of
changes we are implementing as we strive to better serve our citizens
and strengthen our community.
New Code Enforcement Initiatives
Broadgr Authoritv to Issue Citations for Commgn Nuisance~. A wider
range of City employees are now empowered to issue notices of
violations of regulations regarding weeds, trash, and inoperable motor
vehicles. A project team comprised of leaders from several City
departments has worked with the City Attorney's Office to develop a
Uniform Notice of Violation that will make it easier to notify property
owners that the presence of weeds, trash and/or inoperable motor
vehicles on their property violates City law. Community Resource
Officers, Solid Waste employees, and Fire Inspectors will be cross-trained
so that they can enforce these laws. Increasing the number of City
employees empowered to issue notices of violation regarding these
common nuisances strengthens the City's ability to require property
owners to comply with the law. The City's code enforcement inspectors
began utilizing the new Uniform Notice of Violation on July 1. The
experiences of the code enforcement inspectors are being incorporated
into training for other City employees, which will be completed in August.
More EffiCient Nuisa'nce Abatement·u Streamlined Procedures for
Notifyinc¡ Pro/Jerty Owners of Nuisance Violations and Shortened Waitinc¡
Periods /Jrior toCity Abatement. T~e Uniform Notice of Violation
incorporates recent changes in City law. In June, City Counci I amended
the City Code to provide for simplified procedures for notifyi ng property
owners of weeds, trash, and inoperable motor vehicle violations and,
shorter waiting times before the City can abate the nuisance in the event
the property owner fails to do so. Property owners now have seven days
to abate weeds, trash, and inoperable motor vehicle violations.· This·
. seven day period commences on the date a. notice is posted on the
offending property: In addition, a prior requirement that a notice·be sent
to the property owner via certified mail has· been replaced by a
requirement that the notice be sent via regular mail.' (Respecting
inoperable motor vehicles, if the owner of the vehiCle and the owner of
the property on which· it is located are not the same, letters are sent via
regular mail to the owner of the vehicle and the owner of the property.).
Importantly, the· notice period runs from the date of posting - not the
date of mailing or the date of receipt of the mailing. Previously, the City
sent a notice via certified mail, and the ownÙ had seven days to abate
the nuisance from the date the certified letter was claimed. If the
certified letter was unclaimed (which frequently happened), the City
would then send a notice via regular mail. The dwner then had seven
days from the date of that mailing to abate the property. As a
consequence, the City frequently had to wait three weeks or longer
before it could abate simple weed, trash, and inoperable motor vehicle
violations. These streamlined notice 'procedures and shortened waiting
. periods will greatly enhance the City's ability to quickly and effectively
respond to weeds, trash and inoperable motor vehicles.
Assistant Commonwealth's Attorney Funded by the City will Focus on
Prosecutina Violations of Nuisance and Sui/dine¡ Maintenance Codes. A
critical component of this new initiative is the addition of an Assistant
Commonwealth's Attorney position funded ,by the City. This attorney's
primary duty is to prosecute nuisance, building code, and zoning code
violations. The presence of a dedicated attorney working with the City to
prosecute these violations does more than strengthen our ability to
effectively prosecute these cases. Having a dedicated attorney sends a
message to violators that the community is serious about eradicating
nuisance issues.
Cross-Functipnal, "Code Team" will. Tarc¡et Chal/enc¡inc¡ Problem
Pro/Jerties. The City and Commonwealth's Atto_rney's Office have formed
a cross-functional, inter-departmental/inter-agency team that will target
particularly challenging properties. This "Code Team" is led by Paul.
. Truntich, the City's Environmental Administrator. The Code Team will
enforce environmental, fire safety, building code, and other regulations
as appropriate tà combat nuisance properties that traditional code '
enforcement measuresdon'teffectively address.
Future Initiatives
The Crime Prevention through Code Enforcement initiative is a multi-
phased program.. Practicing the theory of "walk, then run," our current
initiatives ·are just the first, with more tel follow. We anticipate that issues
regarding solid waste. (i.e. illegal dumping, illegal set outs, and "big blue"
containers) will be incorporated into our program in August. We are also
evaluating changes that may need to be made at the State level in order
to further empower our Crime Prevention through Code Enforcement
program. .
The Community's Role
As we continUe improving our community, we need to remember.that it
takes all of us to make Roanoke a beautiful, clean, and safe City in which
to live, learn, work;·and play. We need your help in a number of ways.
First, all of Us .need to be good stewards of our private property and our
community's public property. Keep your yards mowed and free of trash
and inoperable motor vehicles. When you're out and about, please don't
litter. And if you see litter, pitch in and pick it up. If you see issues that
require code enforcement, call the City at 853-2000 or 853-2344 and
refer it to us. Together, we can make one of America's most livable cities
even better!
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
July 19, 2006
File #60-67-236-304
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37472-071706 appropriating funds
from the Federal Government for the Summer Food Program, and amending and
reordaining certain sections of the 2006-2007 General and Grant Funds
Appropriations.
The above referenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17,2006, and is in full force and
effect upon its passage.
Sincerely, íJ
r~ c.-, J r~-¿
Mary F. Parker, CMC
City Clerk
MFP: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
Steven C. Buschor, Director, Parks and Recreation
L:lCLERK\DA T AICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jul 06\July H 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37472-071706.
AN ORDINANCE to appropriate funding from the Federal government for the
Summer Food Program, amending and reordaining certain sections of the 2006-2007
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 certain sections
of the 2006-2007 General and Grant Funds Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Special Projects
Transfer to Grant Fund
Grant Fund
Appropriations
Temporary Employee Wages
FICA
Program Activities
Revenues
Federal Grant Receipts
Local Match
,
01-620-8170-2034
01-250-9310-9535
$ (40,000)
40,000
35-620-5291-1004
35-620-5291-1120
35-620-5291-2066
37,157
2,843
210,400
35-620-5291-5291
35-620-5291-5292
210,400
40,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
A~"-'-í ç ¡)~
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
July 19, 2006
File #60-67-236-304
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37473-071706 authorizing acceptance of
additional allowable reimbursements from the USDA Food and Nutrition Service, in
the amount of $40,000.00, on behalf of the City to provide for nutritional needs of
children and youth during the summer months, as more fully set forth in a letter
from the City Manager addressed to the Council under date of July 17, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006.
Sincerely, ¡/
n~-1rc..~ ,-
Mary F. Parker, CMC
City Clerk
MFP: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
Steven C. Buschor, Director, Parks and Recreation
L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jul 06\July 17 06 corresp.doc
!)ÁC
\
IN THE Cm.n\CIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of July, 2006.
No. 37473-071706.
A RESOLUTION authorizing acceptance of additional allowable reimbursements from the
USDA Food and Nutrition Service in the amount of540,000.00 on behalf of the City to provide for
the nutritional needs of children and youth during the summer months, and authorizing execution of
any and all necessary documents to comply with the terms and conditions of the grant and applicable
laws, regulations, and requirements penaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
.
]. Additional funding from the USDA Food and Nutrition Service in the amount of
540,000.00 to provide for the nutritional needs of children and youth during the summer months, as
sct fonh in the City Manager's letter dated July I ï, 2006, to City Council, is hereby ACCEPTED.
2. The City Manager, or thc City \1anagcr's designee, is authorized to execute. and the
City Clcrk is authorized to attest, for and on behalf of the City, any and all requisite documents
penaining to the City's acceptance of the additional funding from the USDA Food and Nutrition
Service and to furnish such additional infornlation as may be required in connection with the City's
acceptance of thc foregoing funds. All documents to be executed on behalf of the City shall bc
approved as to form by the City Attorney.
ATTEST: í)
~ ~ .J (~".
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
i\!oL'l C. Taylor ~unicipal Building
215 Church Avenue. S.W.. ROllin 364
Roanoke, Virginia 24011-109]
'I L'¡t..'phoIlV: . (:;-I()) X~';:l·2J33
F;¡\:: {~-tlll S:,3-113ti
City \\'l.:b: www rn,Hll)kt'\·,l.go\'
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Summer Food Program
The City of Roanoke continues to provide for the nutritional needs of children
and youth during the summer months through its Parks and Recreation Youth
Services Division supervised Summer Nutrition Program. Breakfast and lunch
are provided to children throughout the City from mid-June through early
August. Approximately 56,712 meals were served at sites across the Valley
during the summer of 2005.
General Funds in the amount of $40,000 have been appropriated in the FY
2006-2007 Parks and Recreation Youth Services Division budget. Local funds
will be used to provide staffing and program materials. Federal funds, up to
$210,400, have been approved by the United States Department of Agriculture
Food and Nutrition Service. The City is reimbursed on a per meal basis for
meals actually served.
Considerations:
The Summer Food Program is partially funded through the United States
Department of Agriculture Food and Nutrition Service. The program is similar
in concept to the National School Lunch Program with eligibility requirements
much like those used to determine eligibility for free or reduced priced meals
during the school year. The purpose is to provide nutritionally balanced,
Mayor Harris and Members of City Council
July 17, 2006
Page 2
Mayor Harris and Members of City Council
July 17, 2006
Page 2
healthy meals to children, ages one through eighteen, and those with special
needs. Adult, summer staff manages the program and youth are hired to assist
at the food service sites.
Recommended Action(s):
Accept the Summer Food Program grant in the amount of $210,400 and
authorize the City Manager and City Clerk to execute and attest respectively, an
agreement with the United States Department of Agriculture Food and Nutrition
Services and any other forms necessary to accept such grant, approved as to
form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $210,400, transfer $40,000 from the Parks and Recreation Youth
Services Division account (Q 1-620-8170-2034), and appropriate funding totaling
$250,400 into expenditure accounts to be established by the Director of
Finance in the Grant Fund.
DLB:MVH:na
Attachment
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
Steven C. Buschor, Director of Parks and Recreation
Sherman M. Stovall, Director of Management and Budget
CM06-00 127
Attachment 1
Budget Breakdown
1004 Temporary Wages 37,157
1120 FICA 2,843
2066 Program Activities 210,400
TOTAL 250,400
Summer Nutritional Sites
1. Apple Ridge Farms. Cooper Hill (off-site center)
2. Blue Stone Housing Project
3. Boys and Girls Club - 19th Street
4. Buena Vista Recreation Center
5. Dumas Center
6. Eureka Park Recreation Center
7. Family Preservation - 19th Street
8. Family Preservation - Huff Lane
9. Family Preservation - Mt. View
10. Family Preservation - Wm. Byrd
11. Family Preservation - Woodrow Wilson
12. Grandin Community Center
13. Hunt Manor Housing Project
14. Hurt Park Elementary School
15. Indian Rock Village Housing Project
16. Jamestown Place Housing Project
17. Lansdowne Housing Project
18. Lincoln Terrace Housing Project
19. Minnick Education Center
20. One Step Daycare
21. Preston Park Center
22. Rainbow Christian Day Care
23. Salvation Army - Dale Avenue
24. YMCA Family Center - Orange Avenue
25. YWCA
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
July 19, 2006
File #60-236-240
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37474-071706 appropriating funds
from the Commonwealth of Virginia for the Urban and Community Forestry Grant,
and amending certain sections of the 2006-2007 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, July 17, 2006, and is in full force and
effect upon its passage. '
Sf\J~ -9 ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Deve lopment
Sherman M. Stovall, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
L:ICLERKIDATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence 061Jul 061July 17 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37474-071706.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Urban and Community Forestry Grant, amending and reordaining certain
sections of the 2006-2007 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 2006-2007 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Temporary Wages
Transfer to Grant Fund
Grant Fund
Appropriations
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Revenues
Urban & Community Forestry Grant FY07
Urban & Community Forestry Grant FY07
Local Match
01-620-4340-1004
o 1-250-931 0-9535
35-620-4349-1002
35-620-4349-1105
35-620-4349-1116
35-620-4349-1120
35-620-4349-1125
35-620-4349-1126
35-620-4349-1130
35-620-4349-1131
35-620-4349-4349
35-620-4349-4350
S (8,887)
8,887
16,942
2,560
650
1,296
2,070
123
191
42
14,987
8,887
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
t1
¡)
~,J.I~
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
July 19, 2006
File #60-216-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37475-071706 accepting the Urban and
Community Forestry Grant, in the amount of $14,987.00, to fund a part-time Urban
Forestry Planner to work with the City's Urban Forester on natural resource
stewardship for Roanoke forest and park land, as more fully set forth in a letter
from the City Manager addressed to the Cou ncil under date of July 17. 2006.
The above referenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006. .
Sincerely, ()
~ "'--ð ¿ r~ - ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK\DATAiCKEWî\AGENDA CORRESPONDENCE\ag€õnda com;;spondence 06'Jul 06ìJuly 17 06 corresp.doc
Darlene L. Burcham
July 19, 2006
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
Steven C. Buschor, Director, Parks and Recreation .
L:\CLERKiDA T AICKEVl/1\AGENDA CORRESPONDENCElagenda correspondence 06ìJul 06\July 17 06 corresp.doc
'04- \V'IQ
,,\" \.
1:\1 THE COF'\!C1L OF THE CJTY OF ROA:\IOKE, V1RGrN1A
The 17th day of July, 2006.
No. 37475-071706.
A RESOLUT10'-l authorizing th~ acœptance of an Urban and Community Forest Grant to
fund a paJ1-time Urban Forestry Planner 10 work \Yith the City's t'rban Forester on natural resource
,teward,hip for Roanoke forest and park land: and authorizing the execution of the necessary
documents, upon certain tenns and conditions.
BE IT RESOL VEl) by the Cûuncil of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Urhan and Community Forest Grant. in the
amount ofSI4,98ï.OO, 10 fund a pan-time Urban Forestry Planner to \York with the City's Urban
Forester on natural resource stc\Yardship for Roanoke forest and park land, and as more particularly
set forth in the lettcr dated .1 uly 1 ï. 2006, trom the City Manager to this Council.
2. The City \1anagcr and the City Clerk are hereby authorized to execute and attest.
respectively, an agreemcnt with the Virginia Depanment of Forestry, and any other fonns necessary
10 accepl such ~'Tant. such fonm 10 be approved as to form by the City Attorney, and to liJmish such
additional information as may be required in connection with the City's acceptance of this grant.
ATTEST: íJ
~ ~ l~· I....
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor tvlunicipcll Building
~"13 Chu Teh A \'L'nue, S. \V", ROllIn 3h4
Rl1.1110kt', Virginicl 2~n11-1591
T~'h'ph\'nL': (:;·tll) ~::;J 2:~:~3
I.n: (:i·lll) .....::;3·1 ] ~H
CiLy \\'l'b: \\"\\"\\·.rll,l11o¡"'\'\·,l.~',Il\·
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Grant for Natural Resources
Stewardship for Roanoke Forest
and Park Land
On June 8, 2006, the City was notified by the Virginia Department of Forestry that a
$14,987 grant will be awarded to the City upon completion of a Memorandum of
Agreement (Attachment 1). The grant will be used to fund a part-time Urban
Forestry Planner to work with the City's Urban Forester on "Natural Resource
Stewardship for Roanoke Forest and Park Land." This grant is from the same
program that funded the part-time Urban Forestry Planner for the past four years.
The 514,987 Urban and Community Forestry Grant is a federal grant sponsored by
the National Forest Service and administered by the Virginia Department of
Forestry. Funds are awarded on a reimbursement basis after verification of the
local match. The majority of the City's matching funds will consist of 525 hours of
staff time ($16,086) provided by the Urban Forester. The remainder of the
matching funds will be an additional $8,887 to cover salary and benefits costs for
the part-time Urban Forestry Planner.
The funding will be used for staff to work with other Department of Parks and
Recreation personnel on the natural resource planning and management elements
of the department's work toward achieving accreditation from the national
Commission for Accreditation of Park and Recreation Agencies (CAPRA).
Recommended Action:
Accept the Urban and Community Forestry Grant in the amount of $14,987 and
authorize the City Manager and City Clerk to execute and attest respectively, an
Mayor Harris and Members of City Council
July 17, 2006
Page 2
Mayor Harris and Members of City Council
July 17, 2006
Page 2
agreement with the Virginia Department of Forestry and any other forms necessary
to accept such grant. approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $14,987, transfer $8,887 from the Parks and Recreation temporary
employee wage account (01-620-4340-1004), and appropriate funding totaling
$23,874 to expenditure accounts to be established by the Director of Finance in
the Grant Fund as follows:
Account
Regular Employee Salary
FICA
Long-Term Disability
Hospitalization Insurance
Dental Insurance
City Retirement
Life Insurance
ICMA
TOTAL
DLB:na
Attachment
Account #
35-620-4349-1002
35-620-4349-1120
35-620-4349-1131
35-620-4349-1125
35-620-4349-1126
35-620-4349-1105
35-620-4349-1130
35-620-4349-1116
l'2'" ,
Darlene L. B~rcham
City Manager
Amount
$ 16,942
$ 1,296
$ 42
$ 2,070
$ 123
$ 2,560
$ 191
$ 650
$ 23,874
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
Steven C. Buschor, Director of Parks and Recreation
CM06-00 130
U&CF ASSISTANCE GRANT PROGRAM
MEMORANDUM OF AGREEMENT
GRANT # 06UCF23
This :tgn:l'lllclllllladl' this
day of
_._.2006 hy alld helween th~ Vir (inia Department of'
Forestr)', h~r~in rct~rr~d to as "Pany (If lhL' First Pan"_ and the (,itv of' Roanoke. Vin!Ïnia hL'r~ill r~krred to as
"Party of lh~ S~L'ontll'arr-.
Thl' panic's of this a!!rCl...'Illt:'IlI. in cOl1sid~ralilln uf thL' Ilnllual covenants and stipulatiolls st:'t out hen.'in ill ~lnh:'r to
pnlllll.lh:'. support and participatl' in (he l.T&CT Assistancl' Granl Program. ~pnnsort'd by the U. S. FnrL'sl St:'f\'icc
(Calalt'g of F~(kral DOltlesliC' Assis¡anL'~ ¡(TDA) ?-.:umlxr IO-(i6-1· agr~~ as follows;
III SCOI'E OF SERVICES:
ThL' Pany of Ih~ S~L'olltlPan shall provide IhL' sc'rviL'L' to the Pany of th~ Firsll'an s~t forth in ils L1rhall & Community
I'or~stry AssislanL'e pl(lposaL
121 TI\lE OF I'ERFORMANCE:
TI/(' serl'ice of the Party r!f'the Se('(Jl/(! Part shall ('(J11lI1lellCl! OIl .Tillie 10, lO(Jf¡ rlllrl s/¡all/ermillate
01/ ,'\-fay 1.5. ]007.
!\~lIliltle limits slal~J-;lr~ thc::erilie,il_its)JL'cIS to lhis agi·L'clilL'il\:
el) C01II'ENSATIŒi:
Tlw Party oflhe Sc'L'ond Pan shall h~ paid by lhL' Pany (,flhL' Firsl Pan as SL't f(lnh in ATTACHMENT A Funds will
h(' trall:,fL-rrl'd 10 tIll' Pan)' lll" thl: St.:<.:OIH.I Pan UpOIl n:.'L'l.'iPI uf quanerly hillin~s. Till.' Pany of th~ Sl.'cond Part shall
!\pc'nd the funus acclln..ling to th~ spccilïc'u c:lll.'goric's of th~ contract hudgct. ìvl inor ~hifLs of the funds among
<.:at~g\)ric~ nnllo-exc("cd 10 perc~nt lIIay be' p~nllitll'd hy It1l' Pany of the First Pan. but in 110 case can the total
l'XPl'IH..Iilures ~.\(,Cl'd thl' amoullt provided hy this contract. Shifts of funds amoll~ hudg:et call'guril.'s cXL'l'l'uing 10
per~L'nIIllLlst he approvL'd in wriliug hy Ih~ Party of Th~ FirSlPan.
1-11 ASSISTAI'iCE:
The Paily M Ihe Firsl Pan agr~~s upon rl'qu~sl of lhL' Paily of th~ S~L'ond Part 10 furnish. lIr olh~rwise Illak~ availahl~
tlllhL' Paily of llt~ Sel'llnd Pan. L'(lpi~s of existing Iwn-propric'lary Illat~rials in th~ pClSSL'ssillll of IhL' Paily or lh~ Firsl
Paillhat ar~ reasonahly relalc'd to Ilw suhj~l'1 Illall~r of Ihis agr~~lllent and are nc'c~ssary III th~ Paily of the Sc'~ond
Part for n'mpletion of his pt'rf{lnnaIKc' under lhis ag.rl'~m~nt.
15) GENERAl. I'IWVISIONS:
Pagl" I
:\'othing in this agrL'cnll'llt shall hL' l.'(lllstnh..'d as authority for l.'ithe'r pany tOlllakl~ t'olllmitlll(,llt~ \\'hidl will bind thl.'
otht:'r p:lrty Il('yond the' SCLlPL' of Sl'r\"il't' cLlntailll.'d herein. Furthermore. tht.' Party (ll" thl' SL'l'ond Parr shall not assign.
sunil.:'! or suhcontraet any work rdatl'u to this agrccment (lr any imerest Hilla)' ha\'t:' hl.'rL'in withoutltll' prior \\'fitLL'n
L"(lnSl'nt ofthl' Party orthl.: Fir.... Pan. This CLllltract i~ slInjt.'l't tLl appr0priations by Ihl.' Virginia Gc'nc'r:ll Asscmnly.
(6) I'\TEGRATION AND !\I0J)(F1CATlON:
Thh l'Plllral't l'onstitutes the l'ntirl.' agrccmcnt hc'l\\'c'cll the Party of tht:' SL'l'ond Part and thl.: Party of tht.:' Fir:-ot Part. No
alh..'ratioll. allle'ndmclH or mudirication ill tilL' provisiolls of this agrt.'c'nll'nt :-ol1all nL' c'ffe'l'ti\'c unll'ss it is l\'lhll'L'd to
writing. signe'd hy the parties and attacheJ he'rt:'to,
(7) TERI\Hl\XnO:'l/:
The Party Llr thc First Partlllay terminatt' this agreelllent rur ih convcniclKe' IIp,ll\ 60 Jays written notice' 10 1he other
pany. Th~ Pany pf Ihe SL'L'"l1d Pari shall h~ paid for 110 servie~ relld~red or npense incurred afler rL'eeipl of such
notice eXl'L' 1t such fL'es and e'\:pL'nses inculTl.:d prior to tht' c'ffccti\"C' date' vI' tl.:nlliniltitHl that arC' nL'ct'ssary f(lr
l'urrailllll'nt of its/hi~ work undcr this agrl.:cnll'nt.
In the evelllllf hrL'aeh hy Ihe Party pf Ihe SL'eolld Pari of this agreemelll, Ihe Parly llf the FiN Pari shall haw Ihe right
immediately to rescind, rcvoke or tt:'flllinate tht' agrel.:mellt. In Iht" alternative tht:' Party ur Iht:' First Part may give
wriLlt"n notiù' (0 the' Party ll " thL' St.'cond Part specifying the manner ill \\'hich the' Agrecment ha:-o hl'L'n nrc'achcd. II' a
notice or nre'aL'tl is gi\'L'n and thl.' Party of the Sl.'cond Pan has not subslí.mtlally Ùl'T~cted the' brl':lch within Ih~ sixt)'
(6U) day' of reeL'ipt of the writlenllotice. the Partv of the FiN Part shall have the right to terminatL' this AgrL'L'menL
In tht.' e'\'l.'nt of rc~cissioll, r(,\'Lll'ation or tcrmination. all dLll'UIllCnb and olhl.:r materials rl'latL'u tLl till' perfOrmallL'L' of
this Agre~mem shall heeome the property llf the Departmem of Fore,try,
(X) COLLATERAL CONTRACTS:
\\!ht'rl.' therc c'.xists any inl'tlnsistellcy bl.:tw(:cn this Ag.reC'ment and other pnl\'lsions or cllllalL'rall'ontractual
agrce'lllt:'nt.... which arl' maùe a part or this A.g:re('IIlL'nt hy rcferellce or otherwise. the pr(lvision~ of this Agn.?l.'llk'nl shall
control.
(9) AI\TI-mSCRII\Hl\'ATlO:'l/:
During lhe pt"rforlllanL'l:' of this contract. thL' Party (If thl' Se'cond Part agn..'l's as rollo\\'~:
Thl.: Party Llf the Stx'(lnd Pan will not di~crirninmc against any employcc or :lpplicanl for 1.'IIlplllYIlll.'llt
becallsL' ur race, rL'ligioll. color. :-oe.\. or national origin. l.'xcept where rdigioll, ~t:'.x. or national origin is a hona
fide' o('ClIpatiollal qualitïcaliun I't.?'a:-oonahle' necessary 10 thl.' normal opcration nf thl.:' Party of the Sccond Part.
ThL' Party of tht" Sl.'l'ond Pnrt agrt'cs to post in cOlIspicuous place's, availahle to employl"'cs and applicants for
e'mployme'nt.. notiL'es sl'lting. forth tht.' provi~i(lIls of this non-di:-ocriminariollclause.
The Pany of 11lL' SeeLlIld Part, in all solicitali,'ns or advertiselllent for L'lllplllyees placed hy or on hehalf of Ihe
Party or IhL' SeCllnd Pan. will slate that 'lIch Party of the SeC(llld Part is an eqllal opportllnily L'mplllyer.
Notice~. advertisemcnts and solil'ilatiolls in accordance with federal law. rules or rt'gulations :-oilall be
(kenlL'd sufficient f,.>r Ihe purposL' or meeting Ihe requirL'mL'llls of Ihe Section.
Page 2
Tht.:' Party or thL' S('('0IH.I Part will inclu{k' thL' aho\'\.:' pr{l\"isit,ns in èVL'ry suhcolHract or purchase.' ordL'r of o\'~r S 10.000.
\(l th:11 tht..· pnl\'isiolls \\'ill he hinding upon eaL'h \uhcolltractllr or \'c'Il{.lor.
(In) AI'I'UCATlONS:
This agreL'mcnt shall he g{l\'l'll1ed in all rC\pL'ctS. whetlll'r as to validily. constructi(ln. capacity. pl'rt"tllllli.U1Cl' Of
nthcrwisc. hy thl' laws "I th~ Commonwcalth 01 Virginia.
(II) SEVERABILITY:
Each paragraph and pf{lvision llr tht..' Agrecment is sL'vt.:'rahk from thL' L'lItirl' Ag:rCl'menL and if any provl\ion IS
tkclared in\'alid. the rc'mainin&: pro\'ision\ shall nt.:'\'erlhdL'\\ rcmain in ~fkct.
(121 CONTINGENT FEE WARRANT\':
TIll' Party "I tile' S~l'()nd Part warrallls lhal hcfit has not l'mpl(ly~d or r~tainl'd any pcrson or Pl'rslll1S lor th~ purpos~ Dr
sllliciting nr sccuring lhis A&:rcl'ml'nt. llk' Party of the' SL'cond Part furthl'r \\'arrallts that hl'lit has not paid or a&:rcl'd
l('1 pay any company or person any feL'. conllni\\ion. pL'rcentage. brokèragL' fl.'L'. gift or allY oth~r considl.'ration.
cOlltil1~l'llt UPOIl till' a\\'i.lrd or making or this Agrc't.'IlIL'lll. For hrL'ach of olle or hoth of the foregoing Wi.lITi.lIllic\. thl'
AgènL'V shall han' thL' ridll to tl'nninate this al:!reL'ment without liahility. or. in it:-. discretion Of otherwise re'co\'er. thL'
.. .' ... .. .'
full i.llllílUIlt of said prtlhibition fe'è. L"tllllmissioll. pl'rc('ntag:~. hrokerage fee. girt or continge'nl ke.
(13) CONFLICT OF INTEREST:
Thl' Party Dr the S~l'llnd Part warrants that he has lully complied with rhl' Virginia Conflict 01 lnll'r~st Act.
(14) F1NAl'iClAI. IUTORJ)S A VAII.ABILITY:
Thc Party of thc Second Part agrees to rl'lain all hO(l~s. r~conls and olh~r docllm~nls r~larive to this Agr~~lTIl'nt 1m
ri,·l' (~I Yl'ars "Ikr fin,,) paymcnt. or ulllil audilcd hy tIll' Cnmmonwl'alrh of Virginia. whichcver is latl'r. The Party of
till' First Part. its authorized agL'nls and/or Statè auditors shall havL' filII aCL'L'S"'; 10 ¡lilt! .ht' right 10 L'xamine allY of \:Jid
malL'rial... during s.lid p(,fiou.
SllUrCl' dDl'unll'ntation such as cancdcdl'hcl'ks I indudl' copil's of hoth front and hal'~). paid hills. payroll,. time and
attcndancc record (ilCmiLing limc spcm on t.:&CF t\s>istanec gram projcct). comract,. ctc. \\ ill hc suhmillcd with rhc
·'R¡.:qUL'st r~) · Funds," IIl\'~lil'L's will hL' l11ad~,L'd "PAIO" anu n.:l\:rl'l1l:~J as to h~lW paYIllL'nt was maUL' (i.c. dlL'ck
nlllllht"r).
Thl' Party of thc Second Part a~rl'L's to comply \\'ith lhL' following Federall'ost anJ administrative regulations a~
applil'ahlc:
l\'oll-Profit Ore.;mÏlatiuII!<o
Cnst PrinL'iples. OJ\1B elR A-l';~
Admin. Rl·gulali",lS. ()~m ClR A-I III
Andil.'. OMB OR-A 1.1.1
Stalt.' and Locul G<)\'crnnu.'nts lJnÏ\'prsities
Cost Principb. OMB ell{ ,\-~7 Cpstl'rincipb. O~IB elf{ A-~ t
Admin. I{cgulati,"". O~1R elR A-I( ~ Ir~'·.1 Admin. I{~gulari"ns. OMIl ClR A till
Audits. OMIl ('II{ A-I.1.1 Audits. O\1B ('II{ A-I JJ
Page J
(15) OL\RTERLY REI'OInS:
TilL' Party ur thL' S~l'nnd Pan agrt:'t's III provide thl' Party of the fir;-,t Pan pL'rfOnnaIlCl:' n..'pnrls 011 all ¡h..1i\"itie'"
idL'lIlifiL'd in lilt' rrorn~als as tilL')' th.'clIf'. The 1crrormanL't' rc'ports will cOlllain a summary of pr()p:rL'ss and aCIÎvjtil'.'
ror t'<lL'h activity \",¡thin till' propllsal; indicatl' any prohkms and SOIUlitll1S in Ilk'L'¡ing rcquirl'II11'nls. and () "l1\'ick
flllallL'ial funds l'xpL'nditllrl: informatilln for rC'imhllr~l'l11ènt as appropriate. Thl' quarterly fL'pOrl form has information
relating 10 writing. to your kdt'ral L'(lI1g:n..'s~ person about thl..' hl'ndït~ of the U&CF program to yuur l'ornnlllllity /
organiz:ltillll.
The schedule for submittal of the periodic: performance reports shall be asfollows:
PERIOD COVERED
June 10.2006 - August 30. 2006
September I. 2()06 . - DeL'i.'mher 31. 2006
J aIluary I. 2007 - Mareh 31. 2007
April I. 2007 - May 15. 2007
Sliß:\-IITTAL DATE
September 15. 2006
JaIluary 15. 2007
April 15. 2007
June 1.2007
In wit IlL'S" whereof Lhe' partil"'\ ha\"l' c.:.LlIst'd this agrc(,IllL'llllll be' ~X~l'lItcd hy lhe followillf! duly alllhoriz~d nITici:l!s:
PARTY OF TilE SECOND PART
PARTY OF THE FIRST PART
This contract has h('cn revicwcd hy the staff of thc Pany (If
the First Pan. Its suhstalllive tcrms arc appropriate" and
sul"lÏcil'nt funds have' h.t:l'll ohlig.alcd for its pL'rrurmancc.
, ß)·;:-
B)':
TITLE: City Manager
TITLE: llrbun and COllllllunit~, Forcstry Partncrship
Coordinator
AGENCY: Virginill Depllrtlllcnt of Forcstry
AGENCY: City of Roanoke. Virginia
I DATE:.-
~I::
-~
Page 4
A TT ACHMENT A
1'/\ rMENT PROCESS
The IÙnds awarded under the grant are availahle on a reimhlll'scmcnt hasis aftcr vcrilïcation of
match and in accordance with a payment sch~dule agreed to in ad'·ance. Grantec's must file a request for
payment and send rc'cords of expcnditures along v>·ith doeumenlL'd costs to the Virginia Department of
I'orestry. The lJCF Program Administrator willl'\'alualt' the progress (If the projeL'l to determine eligibility
for full funding. Grantees may request reimbursement a.\'fn'qll/'ntly as needed (within reason); or at least
quarterly if there are qualifyinK ('xpenditure~·.
FEDERAL ,\ND STA TE REGUlA 110NS
Grant~~s must eomply with all Federal regulations pc'rtaining III h:deral grants. Cirant~es arc referred
to OMS Circulars :\-102 and A-110 which arc the uniform administration requir~ments. Grantecs are also
rc'ferred to Section J() 15. J( 16. and JO 17 of the Code of Federal Regulations and to l'l>st prinl'ipks outlinc'd
in OlVIB Circulars :\-21. A-87. and A-122. (\>pies of th~s~ d(lculn~nts may h~ ohtain~d from th~ Virginia
Department llf For~stry I.:CF Program Administrator upon request.
Grantees mustl'Crtify that they arc Ill>t deban"l'd fwm this grant pwgram. Cìrantl'es should not
l'l>nduct business with indi\'iduals or organizations d~harred from Federal grant proi~cts. Applicants must
document project appro\'al hy the authoriz.ed representative of the local governing hody. organization or
institution applying for the grant.
State and local gowrnment agencies must adhere to guidelines of the "'Agency Procurement Manual"'
(January 14<,)0) as rC'l uired in Section 2.1-442 of the Code of Virginia.
RECORD KEENNG REQU1REMENTS
Rccords will be maintained according to all Federal regulations. The financialmanagemcnt system of
the grantl'es shall meet the following standards:
· Records shall comply with generally accepted al'Cl1unting principles.
· Rccords will document allowahk costs.
· Records will he supportcd hy source documentation. such as canceled checks.
paid bills. payrolls. time and attendance ren>nb. contracts. cte. In\'oices must he marked
paid and he refercnced as to IlllW payment was made (i.e.. check numher). Records will he
maintained for three years following final paymcnt
Page 5
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
July 19, 2006
File #60-516
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37476-071706 transferring
$500,000.00 from Parking Fund Retained Earnings for emergency engineering
analysis and repair needs at the Market Garage, and amending and reordaining
certain sections of the 2006-2007 Parking Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,July 17, 2006, and is in full force and
effect upon its passage.
Sincerely,
I1Mr
;f2
,~ -
Mary F. Parker, CMC
City Clerk
MFP: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
UCLERK\DAT A\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jul 06\July 17 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th dâY of July, 2006.
No. 37476-071706.
AN ORDINANCE to transfer funding from the Parking Fund Retained Earnings
for emergency engineering analysis and repair needs at the Market Garage, amending
and reordaining certain sections of the 2006-2007 Parking 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 Parking Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
.
Fund Balance
Retained Earnings - Available 07-3348
Appropriations
Appropriated from General Revenue 07 -540-8258-9003
$ (500,000)
500.000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: 17
f\~ !) (/~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
\Jod C. Taylor \hmidp.ll Building
21S Church AVL'nue, S.\V., R<H'nl 3ó·l
Rn'llH"'\ke. Virginia 2-!0.l1-15~l]
Tt,[\,\,lhIIW: (:;·llll ~5:~ ~~~,
1,1'. {,4Il1 S:;.~-I ]~.~
Lït~ \\ ,'h: \\"v'w.n..111tlk\'\ ,1.~,1\·
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Parking Fund Request to
Appropriate Funds from
Retained Earning
Background:
On June 19, 2006 the City Manager authorized an emergency procurement for
professional engineering services and construction services to address certain
construction irregularities in the façade of the Market Garage (formerly named
the Century Station Parking Garage.) As a result of this work, additional work
was authorized to further secure the garage and to remove the brick façade as
detailed in Attachment A.
Considerations:
In order to fund these approved emergency contracts, an appropriation from
the Parking Fund's retained earnings must be made in the amount of 5500,000.
Once the bricks are removed, an evaluation will be made to determine the
extent of repairs required for the garage.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
\Joel C Taylor Municipal Building
215 Church Avenue. S.W., Hoom 3M
Hoannke, Virginia 24011-1591
T~It.·phl.mt': ¡5·l0) H53-::33J
Fa\,.: (540) R33-l1JS
City \\\'Þ: \\·\\·\\'.hlam)kL'\·<I.~(l\·
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Parking Fund Request to
Appropriate Funds from
Retained Earning
Background:
On June 19, 2006 the City Manager authorized an emergency procurement for
professional engineering services and construction services to address certain
construction irregularities in the façade of the Market Garage (formerly named
the Century Station Parking Garage.) As a result of this work, additional work
was authorized to further secure the garage and to remove the brick façade as
detailed in Attachment A.
Considerations:
In order to fund these approved emergency contracts, an appropriation from
the Parking Fund's retained earnings must be made in the amount of $500,000.
Once the bricks are removed, an evaluation will be made to determine the
extent of repairs required for the garage.
Honorable Mayor and Members of Council
July 17, 2006
Page 2
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $500,000 from the Parking Fund retained earnings to a Parking Fund
Capital Project Account to be established by the Director of Finance to fund the
contracts as shown on Attachment A.
Respectfully submitted,
Darlene L. Bur ham
City Manager
~.
DLB:djm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Director of Planning, Building and Economic
Development
Sherman M. Stovall, Director of Management and Budget
CM06-00124
Attachment A
CM06-00124
Contracted Vendor Nature of Work
Powers Fence Provide and install
perimeter chain link
fencing and gates to
secure the work site at
the garage
Branch and Associates ,Provide materials and
;
. construct 3 covered
Alan Amos
, Sutton- Kennerly&
; Associates
Sutton- Kennerly &
I Associates
Alan Amos
Contingency and design
to repair the façade of the
Market Garage
Amount of Emergency
Award
$14.017
-I
, $50,600
I
pedestrian walkways and ,
one covered vehicular
entrance to the deck for
use by garage patrons.
Removed the brick
façade directly above the
vehicular entrance to the
garage. - .
Complete removal of the $200,000
balance of the brick
façade on all four sides of
the garage.
Initial cursory building $9.650
assess,!!ent of the façade
Detailed condition $42.500
assessment of the façade
and field inspections as
the brick façade is
removed.
Change order to remove $20.000
two brick / recast anels
I
____1
$163.233
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
July 19, 2006
File #60-236-237
Jesse A. Hall
Director of Finance
Roanoke, Virginia
.
Dear Mr. Hall: .
I am attaching copy of Budget Ordinance No. 37477-071706 appropnatlng
$316,980.00 from the Federal Emergency Management Agency through the Hazard
Mitigation Grant Program to acquire properties in the flood plain, and amending
and reordaining certain sections of the 2006-2007 Capital Projects Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006, and is in full force and
effect upon its passage.
Sincerely, ./!,.
A~-j~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Darlene L. Burcham, City Manager
Robert K. Bengtson, Director, Public Works
Sherman M. Stovall, Director, Office of Management and Budget
Philip C. Schirmer, City Engineer
Luke E. Pugh, Civil Engineer II
L:\CLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jul 06\July 17 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37477-071706.
AN ORDINANCE to appropriate funding from the Federal Emergency
Management Agency through its Hazard Mitigation Grant Program to acquire properties in
the flood plain, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from Federal Grant Funds
Revenues
FEMA-Flood Plain Property Acquisition
08-530-9734-9002
$ 316,980
08-530-9844-9928
316,980
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
7~..... J- fJ ~
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Steph~nie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 19, 2006
File #60-236-237
Darlene L. Burcham
City Manager
Roanoke, Virginia
.
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37478-071706 authorizing the acquisition
and demolition of certain property located at 1921 Knollwood Road, S. W.,
1909 Meadowbrook Road, N. W., and 4420 Northwood Drive, N. W., which is subject
to repetitive flooding, under the Federal Emergency Management Agency's Hazard
Mitigation Grant Program administered through the Commonwealth of Virginia
Department of Emergency Management, and authorizing the closing of the Hazard
Mitigation Grant, upon certain terms and conditions, as more fully set forth in a
letter from the City Manager addressed to the Council under date of July 17, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,July 17, 2006, and is in full force and
effect upon its passage.
Sincerely, ~
/"\ /) ðv L_
{J.....~7· --
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda·correspondence 06\Jul 06\July 17 06 corresp.doc
Darlene L. Burcham
July 19, 2006
Page 2
pc: Jesse A. Hall, Director of Finance
Robert K. Bengtson, Director, Public Works
Sherman M. Stovall, Director, Office of Management and Budget
Philip C. Schirmer, City Engineer'
Luke E. Pugh, Civil Engineer II
.L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Jul 06\July 17 06 corresp.doc
vt-~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37478-071706.
AN ORDINANCE authorizing the acquisition and demolition of certain property located at
]921 Knollwood Road, S.W., ]909 Meadowbrook Road, N.W., and 4420 Northwood Drive, N.W.,
which is subject to repetitive flooding, under the Federal Emergency Management Agency's (FEMA)
Hazard Mitigation Grant Program administered through the Commonwealth of Virginia Department
of Emergency Management; authorizing the closing of the Hazard Mitigation Grant upon certain
terms and conditions; and dispensing with the second reading by title of this ordinance.
.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I. The City Manager is authorized to execute the necessary documents, upon form
approved by the City Attorney, to acquire the real property located at ] 92] Knollwood Road, S. W.,
being Omcial Tax 1\"0. 50506] 6, owned by Timothy B. and Jann 1'. Tunnell, ] 909 Meadowbrook
Road. J\". W.. being Official Tax NO.6] 40706, owned by AflOn N. McGhee, and 44~0 Northwood
Drive, XW., being Official Tax No. 6]407] 1, owned by Lenora M. and Christopher R. Stevens,
subject to a satisfactory environmental site inspection and title review, under the Federal Emergency
Management Agency's (FEMA) Hazard Mitigation Grant Program administered through the
Commonwealth of Virginia Department of Emergency Management, andto demolish the structures
located thercon, and place restrictive covenants on the properties, upon the terms and conditions
contained in the City Manager's July] 7,2006, lettcr to City Council.
2. Upon completion of the demolition of the structures located on these properties, the
Hazard Mitigation Grant Program is to be closed in accordance with the requirements of the Federal
Emergency Management Agency.
L·V..T10R.~F.Y..oAl A'£:LLDIIORDlNANCES\O·Knollwood\1Cl1dowUroolNonhwOlld und AC<lulsililln in 11006 Pia;n doc
3. Pursuant to the provisions ofScction 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
AM¡¡
1~
City Clerk.
1.:\ArruRJ\'I;Y\I)ATAICLLlll\OlU>l;'\:ANCES\O-KnoU....()(M!:o.1cadowbrooki"onh....ood Land Acquisilion in Flood Plain doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
~(lC'1 C. Taylor Municipal Building
215 Church Avcnuc, S.W.. Room 3M
Rll",wkc, Virginia 2·Wl1-1591
Telt!phlllk: (5-l0l S':":1-2333
F,IX: (5· O :-ì5J-II:11j
("if v \\'1.'1.': \\"\\'\\'.rll,lIh,k...'\",l hI)\"
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Property Acquisition in the
Flood Plain
Background:
The City of Roanoke was awarded a grant from the Federal Emergency
Management Agency (FEMA) through its Hazard Mitigation Grant Program. The
grant is being administered through the Commonwealth of Virginia Department
of Emergency Management and includes $316,980 to purchase the flood prone
residential properties indicated below. These properties have been repetitively
damaged during flooding events. The grant requires a local match of $105,640
for a total of $422,620. Purchase of these properties is a voluntary program,
generally at appraised value. After purchase, any structures located on the
properties will be demolished. The properties will then be deeded as open
space in perpetuity.
Three residential properties have been identified as candidates for property
acquisition. The property owners have agreed to be candidates in FEMA Hazard
Mitigation Grant Program.
Tax Number Address
-
5050616 1921 Knollwood Road, SW
...
6140706 1909 Meadowbrook Road, NW
- .--
6140711 4420 Northwood Drive, NW
The Honorable Mayor and Members of Council
July 17, 2006
Pag e 2
Sufficient funding for the local match has been identified as follows:
Peters Creek Flood Project, Mitigation Phase 4 (008-530-9801- 9001) $73,355
Miscellaneous Storm Drains, Part 2 (008-530-9734-9003) $32,285
Authorization is needed to move forward with procurement of title work,
document preparation related to acquisition of the necessary property rights
and the eventual demolition of the structures.
Recommended Action:
Adopt the accompanying budget ordinance establishing a revenue estimate in
the amount of $316,980 from the Hazard Mitigation Grant Program and
appropriating funding in the same amount to an account to be established by
the Director of Finance in the Capital Projects Fund.
Authorize the City Manager to execute the necessary documents, in a form
approved by the City Attorney, to purchase the real property at tax numbers
5050616, 6140706, and 6140711 for the City of Roanoke.
Authorize the City Manager to execute deeds placing restrictions on the
properties, providing that they will be maintained by the City as open space in
perpetuity.
Authorize the demolition of any structures located on the properties and close
the Hazard Mitigation Grant in accordance with the requirements of the Federal
Emergency Management Agency.
Respectfully submitted,
~~
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
Philip C. Schirmer, PE, LS, City Engineer
Luke E Pugh, Civil Engineer II
CM06-00126
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
July 19, 2006
File #178-200-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37479-071706 authorizing the City Manager
to execute Amendment NO.2 to the 2004-2005 Agreement with the City of Roanoke
Redevelopment and Housing Authority to conduct housing activities using
Community Development Block Grant and HOME Investment Partnerships Program
funds, upon certain terms and conditions, as more fully set forth in a letter from the
City Manager addressed to the Council under date of July 17, 2006.
The abovereferenced measure was adopted by the Council of the City· of Roanoke at
a regular meeting which was held on Monday, July 17, 2006.
Sincerely, . í)
n þ..._ / g. rW'-,v
, \ l
Mary F. Parker, CMC
City Clerk
MFP: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
Ford P. Weber, Director, Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
L:lCLERKlDAT A\CKEW1 \AGENDA CORRESPONDENCElagenda correspondence 06\Jul 06\July 17 06 corresp.doc
c,~}t
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37479-071706.
A RESOLUTION authorizing the appropriate City officials to execute an Amendment
:-.10. 2 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing
Authority ("RRHA") to conduct additional housing activities using Community Development
Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon
cenain terms and conditions.
WHEREAS, by Resolution No. 36838-090704, adopted September 7, 2004, the Council
of the City of Roanoke, Virginia ("Council"), authorized appropriate City officials to enter into .
the 2004-2005 Agreement with the RRHA to conduct certain housing activities using CDBG and
HOME funds; and
WHEREAS, by Resolution :-.10. 3739]-051106, ädopted May J1, 2006, Council
approved, among other purposes. additional funding for additional RRHA housing activities:
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are, hereby authorized to cxecutc and attest, respectively, on behalf of the City, an Amendment
No.2 to the 2004-2005 agreement with the RRHA, approved as to form by the City Attorney,
within the limits of funds and for thc purposes as are more particularly set forth in the City
Manager's letter dated .luly 17,2006. .
ATf\ b--¡ -f P ~
City Clerk.
'-
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nl1cl C. Taylor Munkipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011·1591
Tt'll'plllHW: (5-10) S:'.1-2333
Fa\: (::¡" 'Ol S:;J-] 1:1-"
C.iL\" \\-"t'h: \\"\\,\\,.['()tlJ1t,kt:\·a.~ll\·
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Amendment of 2004/2005
CDBG/HOME Agreement with
the Roanoke Redevelopment
and Housing Authority (RRHA)
Background:
Each year, the RRHA conducts a variety of housing programs using Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME)
funds provided by the City. At its special meeting held May 11, 2006, City Council
approved the 2006-2007 Annual Update to the HUD Consolidated Plan, including the
activities designated to receive CDBG and HOME funds for FY 2006-2007. Additional
CDBG and HOME funds for three RRHA activities were among those approved:
1. $707,000 to continue housing efforts in Gainsboro as part of Project COLD
("Gainsboro Opportunities Leveraging Development"), the City's most recent
effort to concentrate its CDBG and HOME resources;
2. $250,000 for the Special Needs Program, which provides emergency and limited
housing repairs for the elderly and other special needs populations: and
3. $250,000 for the Derelict Structures Program, which, in coordination with the
City, allows the RRHA to acquire, rehabilitate and sell such properties to
homebuyers and/or offer subsidies to third parties to do so. A component of
the Derelict Structures Program uses the "slums and blight" latitude provided
under CDBG funds to rehabilitate housing for sale to homebuyers above the low-
and moderate-income level, thus promoting income diversity in the city.
The total additional 2006-2007 CDBG and HOME funding being provided to the RRHA
by this Amendment No.2 to the Agreement is $1,207,000. The RRHA will also receive
The Honorable Mayor and Members of Council
July 17, 2006
Page 2
an additional $700,000 in 2006-2007 CDBG and HOME funding for the Park Street
Square project, which is conducted under a separate agreement, for which action will
be sought at a later date.
Considerations:
Section 2-124 of the City Code (1979, as amended) limits the City Manager's direct
authority to a maximum of $25,000 with respect to amending federally-assisted
subgrant agreements. Therefore, City Council's authorization is required in order to
implement the actions called for by this amendment. Extending the 2004-2005 RRHA
agreement through this second amendment is more efficient than executing a
completely new agreement and allows more effective administration of the multiple
activities undertaken by the RRHA. All of the necessary funds have previously been
appropriated or transferred into the accounts detailed in Attachment A of the draft
amendment, included with this Council letter. In addition to extending the Agreement
and adding funds, Amendment No.2 also increases the number of units assisted.
Recommended Action:
Authorize the City Manager to execute Amendment No. 2 to the 2004-2005
CDBG/HOME Agreement with the RRHA, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
~
Darlene L. B cham
City Manager
DLB:fb
Attachments
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
Ford P. Weber, Director of Housing and Neighborhood Services
Frank E. Baratta, Budget Team Leader
CM06-00 125
Attachment I
AMENDMENT No.2
This Amcndment No.2 is made and entered into this first day of July 2006 hy and hetween the City of RllanoKe.
Virginia. ("Grantee") and City of RoanOKe Redevdopml'nt and Housing Authority (""Suhgrantee").
WITNESSETH:
WHEREAS. by Resolution No. 36838-U90704. the Council of the City of Roanoke. Virginia. ("Cllunci''')
approved the execution of a subgnmt agreement betweentbe Grantce and the Subgrantee ("'Agreement",: and
WHEREAS. hy Resolution No. 37391-051106. Council approved the Grantee's 2U(l6-2U07 Consolidated Plan
Annual Update for submissÏtlll tothe U.S. Department of Housing and Urban Development ("HUD"). providing
for. among other purposes. additional Community Development Block Grant ("CDßG") and IIOME Investment
Partnership Program ("HOME") funding for the Suhgrantee's aL"livities under the Agreement: and
WHEREAS. by Resolution No. 37423-061906 and hy Ordinancc No. 37422-0619(16. Couneil accepted and
appropriated the 2006-2U07 CDBG and HOME funds: and
WHEREAS. the Grantee and the Subgrantee desire to continue the housing activities provided for under the
Agreement and by ResolUlion No, _- . Council approved the execution of this Amendment No. 2to
the Agreement. extending the time of performancc. increasing lhe funding. and revising goals and other technical
provtSlons:
NOW. THEREfORE. the Grantee and thc Subgrantee do mutually agrce to this Amendment No. 2.to effect the
following changes:
I. The subseL"lion entitled "Performance factors" under Pan I. "SCOPE OF SERVICES:' subpart h.. "Special
Nceds Program:' shall be revised to read:
·l_ .=. * * *
Performance ractors: The Grantee has i.'St imated from average cost data for tbe prior year of operat ions
of these activities that as many as 53 units could be assisted with the project funds made available under
this Agreement.
* * : : *' *
1
The subsection entitled "Performance factors" under Part I. "SCOPE Of SER VICES:' subpart c. "Proiect
GOLD ("Gainsboro O )JJOrtunities Lcveraging DevdoJJ111ent"):' sball be revised to read:
* * : : ::: :~
Performance Factors: The Grantee has estimated from average owner-oecupicd rehabilitation cost data
Page I of 4
from the prior years that as many as 15 units could be assisted with the project fuuds made availahle
under this Agrcement.
.:. * :of; ::: *
3. The subsection enlitled '"Performancc Factors'" under Part I. "SCOPE OF SER VICES:' subpart £I.. '"Derelict
Structures Pro~ram:' a new subpart iuserled into the Agreement by Amendment No. I. shall be revised to
read:
::: * * ::: :::
Performance Factors: Using the fuuding provided by the Grantee and leveraged by the Subgrantee
amI/or provided by third parties assisted by the Derelict Structures Program. a total of II derelict
houses will be acquired. rehahilitated and sold III homebuyers.
* ::: :I: * *
4. Part I. "SCOPE OF SERVICES:' subpart h.. '"Period of this A~reement:' which was previously designated
subpart g.. but redesignated as subpart h. by Amendment No. I. shall be revised to read:
: : *' :o¡: * *
I.h. Period of this A!lreement -- This Agreement shall be effective as orJuly 1.2004. and. unless aml'mled.
shall end June 30. 2007.
:;: * : : * :;:
5. The CDBG and I-IOME funding made available by the Grantee under this Agrccment shall he increased by
$1.207.00() to a total 01"$3.61<).175. in accordance with the revised Allachment A. '"2004/2005 RRHA CDSG
and HOME Agreement Financial Accounts:' included with this Amendment No.2.
The Agreement. dated July I. 2004. and Amendment No.1. dated July I. 2005. shall remain unchanged in all
other terms and provisions.
IN WITNESS WHEREOF. the parties hereto have executed this Amendment No.2 as of ¡he day and year
hereinabove wrillen:
ATTEST:
FOR THE GRANTEE:
By
By
Mary F. Parker. City Clerk
Darlene L. Burcham. City Manager
WITNESS:
FOR THE SUBGRANTEE:
By
By
Sue Marie Worline. Executivc Assistant
Ellis Henry. Executivc Direclllr
Page 2 of 4
APPROVED AS TO CDßG/HOME ELIGIBILITY
APPROVED AS TO rORI\'1
Dcpt. of I-lousing and Neighblll'hood Scrvices
Assistant City Allorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finanœ
Date
Account #
(See Attachmcnt A)
Page 3 of 4
All"chmcnl A
2004/2005 RRHA (;DB{; and HOME Agreement
Financial Accounts
Source Account # Description (Þrojl'l't Supporl Admin Tol"1
("Dill; J)-( ì05-tl5';1 )-:;-+32 Spl'l'i.1I ;\l'l'lls Pn1gl..111l I PI.ln.. . () () 111l.974
("Dill; .1S-<ìOS-1152fl- 54 J."\ Spl'cial ~l'l'J:-: Prl1glï.111I () JX.12X () J~.12X
('[)[lG J:'-(ì(15·( 52(J-:;..U4 Spcl.:i;¡1 Needs Proglarn () 0 X.f¡ll..j. ¡;;.(I~ ·1
CDIlG )5-(ì()6-llh20-S-l-3'; Spl'l"ii.ll :'\:l'l'JS Program 75.()()() () () is.OllO
("DIlG .ì.5-(ìOfl-( I(l';t 1- :'-l-.13 Spcl.:ial Needs Pn1p.I;\m (J 2J.X.ì5 () 2:U(\5
("DIlG :\)-(ìllh-fI62(1-)4Jf Spl'cial Nl'l'll.... Pnlgrarn () Il 5.-U5 5.435
('[)[lG 35 -(ì( )(1-117 211- 5-l 32 SJX'cial Nt'l'ù=" Program 175.t)()(l () () 1 75.1J1)()
("DIlG J5-GU()-(J72IJ-5-l3J SpCl'iill Need:.; Pnlgr,tlll Il 75.UI.II.I (J 75.UOll
Suhlll(í.ll 3h9.tJ74 I Jh.t)(lJ 1-1-.129 521.0(,h
("DIlG .ì)-GtJ5-0520-545-l Prtljcl' GOIJ) 220321 1I () 220.321
("[)[lG 3:,-GO:,-1l5211-:'430 l'nljt't·IGOI.I) fl 172" (1"1 0 I 72.46.t.
('[)[lG 3)-(j1)5-115211-5.t.53 Projl'l'l (jOLD II II .1~.22X ."\X.."!2X
CDBG .'5-(i{)(1-(lh20- 5-154 l)nljú'l (i()IJ) 25X.hlJl () fl ."!5~.6~) I
(" )IlG ."\5-G06-062(1-5430 Pr(ljl'(1 GOLD () 255.153 fl ~55.15.~
(,DIlCi .'5-GO(1-llh211-5·l:D Pn\jcl.:l (ìOI.D () fl ( II.flH5 (11).OXS
('DIle; ."\:;-(ì(lh-(1720-5-15-1 Pr0jccI GOLD ~71.ln Il (I ~71.17X
('[)[lG 35 -G( Ih-( 17 2()· 5430 Pnljl'l.:( GOLD () 1~."!.lUO fl IX~.IOO
(,DIlG ~5-(j(15-11:'211-5-+6l Prtljl'!.:l GOI.D - C1h~rry Hill tkqui~ilil\Jl ."!.37.1~(1 () () 237.IX{l
('DIle; ."\5-GU5-115."!tJ-)-\.xt) Projl'l't GOLD - Chl'rr)' Hill t\!.:l uisilioll () ."!X.l.l(l{l () 2X.flOO
("DIlG 35·G05-1)5."!1)-5-199 )rl1jl'!.:( G()I.D - Chcrr)' Ilill ACl lIisilillll fl () 1.(,00 1.601l
("Dill; .1:'-GI )( -llh21 1- 5-1h{j Prtljl'rl (jOLD - Cht.'rry Ilill AI.:t lIisilioll 3~ 1.71 ~ () I) .1~ 1.71~
Suhhllal 1.329.1)1'0 6.17.717 InX.lJIJ 2.1)75.721)
('UBe; ."\:;-(ìO-l-I)-I21)-5JtJ7 Dndirl Stnll'lurl':-' Proµralll 225.5-1h () 0 225.5-16
(" )[lG .3 )-GI )-1-1 )-\.21 1- 5-1~lì Dl'rdil'l Sll"Ilcllll'CS f'nlp.ril1ll fl 65.00() I) h5.1HlIl
(' )[lG 3 5-G().t-().t2()- 5 5~ 7 Dl'rclil' Slnll'llIn'~ Pnlgralll (I 1.1 ~.lIII(I ~.flll()
("DIlG ."\:'-G05-052()-5-\.35 l)l'rl'liel S(nll.:lllrl'~ Pw.!!r;lm - Non-l.o",/~·1tld IlIII.flfll) 11 fJ I<.!O.OI1()
('[)[lG 35-(j{)5-llì 2()-5Jq7 DI..'rcli!.:l StrUl'lUr!.::-, Pnlgralll - ~111l-Lll\\/~hlt..l lì5.I.HH.I 0 fl I 75.00{l
('UBe; 35-(ì05-()ì 2()-54<J7 I kn:1 iel SlrUl.:llIr('~ Pro.!!ram 75.{I() ) II 75.llflll
Suhtotal 500.54(, 1·J(J.()()11 ~.OO(l h.t-l.5-Hl
Tn1al CI>B(; Funds I 2.199,(.10 I ' l~'(,XO 127.(142 J.2-11.332
nOME 35-1I90-5:1 I 2-545-1 11l"tlJl'(t{ì()LD Ill.ìl.JlI l\'A 0 II 1.7 ()II
nO~IE 3)-090-5."\ 12-5-15."\ rl"tl.il~ct GOLD 0 r\..\ 12.-112 12AI2
nOME J5-090- 53h·l- 5·~5-1 Prnjcl't GOLD 123.722 ~A 0 12J.7."!:!
nO\1E 35-{)90-5:1(I·'-545J PJ'tljccl GOLD 0 :\A -'(I.tlOO 30.1)(11)
n(1)'. .1:'-6IS-X IllJ-5507 Pn)jcl'1 GOl.D (L(l(aIIlO~IE ~'Ialdl Fllnd~J IOO.O()O :\A I) Iflll.l)(lfI
SllhlolaJ .1.~5.4J 1 :\A -\.2.412 3nX~.1
Tulnl HO\I E Funds JJ5.431 NA ...2.-112 .'77 .X~J
TOTAL CIlIIG ANIl HOME 2.5.'~.O41 91 ~.6XO 16· .~5~ I J.619.175
Page 4 of 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
July 19, 2006
File #5
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7480-071706 authorizing the City Manager
to procure· police requested towing services with one or more contractors.
The above referenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006.
Sf\'~ :l. ~
Mary F. Parker, CMC
City Clerk
MFP: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:\CLERKIOATA\CKEW1IAGENDA CORRESPONDENCElagenda correspondence 06IJul 06IJuly 17 06 corresp.doc
\ß6
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37480-071706.
A RESOLUTION authorizing the City Manager to procure police rcquested towing
servIces.
WHEREAS, a number of citizens have raised concerns and voiced complaints with
the Police Departmcnt regarding towing services currently provided through the City's list of
towing companies:
WHEREAS. many of these concerns have related to inequitable pricing chargcd by the
towing companies currently on the City's towing list:
WHEREAS, by law the only way that the City can regulate the price of such police
requested towing services is by contracting for such police requested towing services;
WHEREAS, pursuant to Section 46.2-]:2] 7, Code of Virginia, the governing body of
any county, city or town may contract for services rendered to provide police requested
towing services: and
WHEREAS, the City Manager has recommended that police requested towing
services be procured by contract to better ensure that the City's citizens receive quality
service at a fair and equitable price.
BE IT RESOLVED by the Council of thc City of Roanoke that:
] . The City Manager is hereby authorized for and on behalf of the City to procure
.,
and contract for· police requested towing services with one or more towing contractors.
2. The City Manager is hereby authorized to procure such services in such manner
as she deems most appropriate consistent with the procurement procedures set forth for by
Jaw.
3. The City Manager is hereby authorized to execute such contract(s) with one
or more towing contractors and any other necessary appropriate documents. in such fonn as
is approved by the City Attorney.
ATTEST:
í\"-r
City Clerk.
lr¿
¿..
-
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
:'oJl)el C T,'ylor ylunicil'ill Building
213 Church AvcnuC', S.\V.. ({('om 364-
Roanoke, Virginia 24011-1591
Tt'lt'¡~hl'I1l" c:;¡ Ill) 1-Ì53 2333
1,1':: !:; ill) H.'.~-Il;s
l.'J l~' \\'l'b: \\"\\ \\ .nlall, Ikl·\'.l. ..:,I'\'
~ _ a. (;.
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Subject:
Procurement of Towing Services
for Tows Requested by Police
Dear Mayor Harris and Members of Council:
Previously the City has utilized an open towing list to provide citizens with police
requested towing services. Over the last year to eighteen months, the Po/ice
Department has received numerous complaints and concerns from citizens related
to the quality and price of service provided by the companies on the City's towing
list. Under the current system, two vehicles involved in an accident could be
charged vastly differing amounts for the same service if served by different
companies. In accordance with section 46.2-1 21 7, Code of Virginia, the only way
that the City can address this pricing inequity is by contracting with one or more
towing contractors for police requested towing services. If it does so, the City will
be better able to ensure that the public receives the quality of service to which it is
entitled, since the City will have contracted and selected the towing contractors
through a competitive procurement process.
City staff presented a proposed contract to the Towing Advisory Board for
comment from its members on June 21, 2006. Staff has been attempting to
resolve the pricing inequities with the Towing Advisory Board since the fall of
2005. Throughout the process staff has made numerous changes to the proposed
contract to address the concerns of the Board. The current contract form reflects
input from the Police Department, the Towing Advisory Board, the towing industry,
the insurance industry, and citizens.
City staff intends to procure by contract the services of one or more towing
contractors to provide police requested towing services. It is anticipated that
there will be two different types of towing contracts awarded. One contract will
Mayor Harris and Members of City Council
July 17, 2006
Page 2
address the towing of light-duty vehicles. The vast majority of police requested
tows are for towing light-duty vehicles. A second type of contract would be for
towing medium and heavy-duty vehicles. The equipment needs for towing medium
and heavy-duty vehicles are different from the equipment needs for towing Iight-
duty vehicles. Staff believes that by separating the towing contracts into these
two categories, citizens can receive better service at a better price.
Consideration:
Section 46.2-1217, Code of Virginia, allows the governing body of any city to
contract with one or more towing contractors to provide police requested towing
services within the city's boundaries. This section further provides that the
contract may specify the fees or charges to be paid by the owner or operator of
the towed vehicle. By contracting for police requested towing services, the City
can better ensure the quality and cost of the towing services provided to its
citizens as a result of police requested tows.
Recommended Action:
City Council adopt the attached resolution authorizing the City Manager to
procure and contract with one or more towing contractors for police requested
towing services. The resolution further authorizes the City Manager to procure
such tow services in such manner as she deems most appropriate.
Respectfully submitted,
~.
Darlene L. Bu
City Manager
DLB:ts
Enclosures
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
CM06-00134
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
July 19, 2006
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37481-071706 appropriating funds
from the Commonwealth of Virginia and a private donor for the Algebra Readiness
Summer Program and Thurman Foundation Grant, and amending and reordaining
certain sections of the 2006-2007 School Fund Appropriations. .
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17,2006, and is in full force and
effect upon its passage.
Sincerely, /)
/) /... , J rW-.,·
í '\.-. 1 .
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Sherman M. Stovall, Director, Office of Management and Budget
l:ICLERK\DA T A\CKEW1 \AGENDA CORRESPONDENCE\agenda correspondence 06iJul 06\July 17 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37481-071706.
AN ORDINANCE to appropriate funding from the Commonwealth and a
private donor for the Algebra Readiness Summer Program and Thurman Foundation
Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Compensatiqn of Teachers
Social Security
Educational and Recreational Supplies
Supplements
Social Security
Conventions/Education
Other Miscellaneous Payments
Educational and Recreational Supplies
Revenues
State Grant Receipts
Outside Third Parties
30-062 -6902 -0121-6108
30-062 -6902-020 1-61 0,8
30-062 -6902 -0614-6108
30-063-6617 -0129-6100
30-063-6617 -020 1-6100
30-063-6617 -0554-6100
30-063-6617 -0586-6100
30-063-6617 -0614-6100
30-062-6902-1100
30-063-6617 -1105
.
$4,180
320
500
6,225
475
250
330
220
5,000
7,500
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATT~~ 4L
City Clerk.
ROANOKE CITY SCHOOL BOARD
P. O. Box 13145
Roanoke, virginia 24031
(540) 853-2381
July 17, 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 July 11,
the Board respectfully requests City Council to appropriate monies to the
following grant programs:
. $7,500.00 for the Edgar A. Thurman Charitable Foundation for
Children to provide services to needy and necessitous children. This
continuing program will be reimbursed with a donation.
. $5,000.00 for the Algebra Readiness Summer Program to enable
middle and high school students to attend summer algebra readiness
classes. This new program will be one hundred percent reimbursed
with state funds.
The Board thanks you for your approval of the above request.
Sincerely,
C~~to~~
re
cc: School Board Chairman
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
DEPARTMENT OF FINANCE
215 Church ^ venue, S. W., Room 461
P.O. ßox 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Dt'put}' Uireclor
elll3il: 3JllI_shawver"(!tci.ro:mnke.\·:J.us
JESSE A. HALL
Direclor of Finance
('mail- Jesse _haI11j;ci.roa.nokc.\"3.lIs
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, 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 July 11, 2006, the Board has
respectfully requested that City Council appropriate the following funds:
. $7,500 for the Edgar A. Thurman Charitable Foundation for Children to provide
services to needy children. This continuing program will be reimbursed with a
donation.
. $5,000 for the Algebra Readiness Summer Program to enable middle and high
school students to attend summer algebra readiness classes. This new program
will be one hundred percent reimbursed with state funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined above,
~4 t¥Lf
L-;fs~e A. Hall
Director of Finance
JAH:ca
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
July 19, 2006
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance NO.3 7482-071706 transferring funds from
the debt service contingency for Monterey Elementary School and Patrick Henry High
School capital projects, and amending and reordaining certain sections ofthe 2006·
2007 School and School Capital Projects Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006, and is in full force and
effect upon its passage.
Sincerely, f)
n ~ .j ftv ¡,..~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S. W., Roanoke, Virginia 240 J 4
Darlene L. Burcham, City Manager
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Sherman M. Stovall, Director, Office of Management and Budget
L:lCLERKIDA T A\CKEW1\AGENDA CORRESPONDENCEi<lgenda correspondence 06\Jul 06\July 17 06 corresp.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th dõy of July, 2006.
No. 37482-071706.
AN ORDINANCE to transfer funding from the debt service contingency for the
Monterey Elementary School and Patrick Henry High School capital projects, amending
and reordaining certain sections of the 2006-2007 School and School Capital Projects
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 2006-2007 School and School Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read and provide as follows:
School Fund
Appropriations
Interest
Transfer to School Capital Projects Fund
30-066-7700-0902-6998
30-066-7700-9531-6998
$(1,300,000)
1,300,000
School Capital Proiects Fund
Appropriations
Appropriated from General Revenue·
Appropriated from General Revenue
Revenues
Transfer from School Fund
31-065-6074-9003-6896
31-065-6066-9003-6896
600,000
700,000
31-110-1234-1127
1,300,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATT/\~ JL
City Clerk.
ROANOKE CITY SCHOOL BOARD
P. O. Box 13145
Roanoke, virginia 24031
(540) 853"2381
,
July 17, 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 July 11,
the Board respectfully requests City Council to transfer funds from the
FY2006-07 Debt Service Reserve in the amount of $700,000 to provide for a
portion of the increased cost of construction for Phase II of Patrick Henry
High School. The appropriation of these funds to the project will provide
interim funding for the project for the period during which permanent
funding sources are identified. The debt reserve funds are budgeted in the
General Fund.
The Board further requests that $600,000 be transferred from the
FY2006-07 Debt Service Reserve to provide for the balance of the cost of
construction for Monterey Elementary School renovations. The debt reserve
funds are budgeted in the General Fund.
The Board thanks you for your approval of the above request.
Sincerely,
0' J. ~ ,p~~
Cindy H. Pþulton, Clerk
J
re
cc: School Board Chairman
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
DEPARTMENT OF fINANCE
~IS Church Avenue. S.W.. Room 461
P.O. Box 1 ~~o
Roanoke. Virginia 24006-1220
Telephone: (5401853-~8~1
Fax: IS40) 853-614~
A NN II. SHA WVER
[)tl)tll)' Ilirerlor
l'mall ann_shaW\·clq·cl.roanokc \'l.lb
JESSE A. HALL
Direrlor of l'inance
{,lIIa1I·Jcssc-'mll~!'ci.ruallnke.\"a.us
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, 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 July 11, 2006, the Board has
respectfully requested that City Council transfer funds from the FY06-07 debt service
contingency in the amount of S700,000 to provide for a portion of the increased cost of
construction for Phase II of Patrick Henry High School (31-065-6066-9003-6896). The
appropriation of these funds to the project will provide interim funding for the project for
the period during which permanent funding sources are identified.
The Board further requests that S600,000 be transferred from the FY06-07 debt service
contingency to provide for the balance of the cost of construction for Monterey Elementary
School renovations (31-065-6074-9003-6896).
The debt contingency funds are budgeted in the School's General Fund and are available for
one-time allocation to these capital projects.
We recommend that you concur with this report of the School Board and adopt the attached
budget ordinance to transfer funding as outlined above.
{ii cerely,
~A·1-hU
J sse A. Hall
Director of Finance·
JAH:ca
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
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of July, 2006.
No. 37483-071706.
A RESOLUTION changing thc place ofcommenccment of the joint meeting of City
Council and the Roanoke City School Board scheduled to be held at 9:00 a.m., on Monday,
August 7, 2006.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The place of commencement of the joint meeting of City Council and the
Roanoke City School Board scheduled to be held at 9:00 a.m. on Monday, August 7, 2006, at
2 15 Church Avenue, S. W., Room 159, is hereby changed to the Media Center at Jackson
Middle School, at 1004 Montrose Avenue, Roanoke, Virginia 24013, with the 2:00 p.m.
session on the samc date to be held in City Council Chambers ofthe Municipal Building, at
215 Church Avenue, S.W., in the City of Roanoke.
2. Resolution No.3 7467-070306, adopted July 3, 2006, is hereby amended to the
extent it is inconsistent with this resolution.
3. The City Clcrk is directed to cause a copy of this resolution to bc posted
adjacent to thc doors of the Council Chambers and inserted in a newspaper having general
circulation in the City at least seven days prior to August 7,2006, meeting.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE ClTY CLERK
215 Church Avenue. S.W.. Room 456
Roonoke. Virginia 24úJ 1-1536
Tl']cphllnc: 1:'i401 S:'i3-~:'i~ I
F;:¡x: (S.W) It'i''-IIJ:'i
E-I11:lii: .:1crk@'ci.ro:IIlClke.\'a.m
STEPHANIE ~\. MOON. Ole
Deputy City Ckrk
MARY f. PARKER. OK
CilY Clerk
SHEILA N. HAKT!\I.-\ì'\
A~sisli!nl CilY Clerk
July 19, 2006
File #15-110-326
The Honorable Brian J. Wishneff
2913 Wycliffe Avenue, S. W.
Roanoke, Virginia 24014 .
Dear Mr. Wishneff:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 17, 2006, you were appointed as a member of the Roanoke Valley
Allegheny Regional Commission for a term ending June 30, 2009.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
The Honorable Brian J. Wishneff
July 19, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Valley
Allegheny Regional Commission.
S~y~ -J ~
Mary F. Parker, CMC
City Clerk
H--MFP:ew -..
.
Enclosures
pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany
Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the seventeenth day of July, 2006, BRIAN J.
WISHNEFF was appointed as a member of the Roanoke Valley Allegheny
Regional Commission, for a term ending June 30, 2009.
t
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of July, 2006.
f\~ -J~
City Clerk
'~.¿<:'~~~~i~>,
.'-. : .':-\.\
\ .~.,!~ .. _-:. I
.J'!.";i . I
\~~\ - : ,_:~>/
.<::.:~/
~IARY F. PARKER. ole
C:'y Clcr~;
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. Virginia 24011-1536
Te!cphllll:': 1:i..¡O) 85-,-2~-!-1
hl.\: f:;.. (l) ~5.'-1 J"¡:,
E-Ill;JiJ: ,:krf;.lg"l"j.n1ar}()!.:e.\,rl.U:>-
STEPHANIE M. MOO", OK
)Crlll~ City C1('r~
July 19, 2006
SHEILA ", IIARnIA"
A~.,i"'lanl City (Icrk
File #15-110-304
Ms. JoAnn Edmunds
2111 Carter Road, S. W.
Roanoke, Virginia 2401 5
Dear Ms. Edmunds:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 17, 2006, you were reappointed as a member of the Youth
Services Citizen Board for a term ending May 31, 2009.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950). as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Ms. JoAnn Edmunds
July 19, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Youth Services Citizen Board.
7\Y~ l ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
. pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division,
Parks and Recreation Department
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the seventeenth day of July, 2006,
JOANN EDMUNDS was reappointed as a member of the Youth Services Citizen
Board, for a term ending May 31, 2009.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of July, 2006.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
RD.1noke. Virginia 2401 1-1536
Telephune: I 540) S5j-~:'i4]
bx: (:'i~OI8:'i3-1145
E-lII:Ji]: derk@··l.:i.ro:1Il('lkc.\3.1I~
STEPIlAI>IE M. M()O~. CMC
D~puty City Ckrk
MAR\' F. PARKER. CMC
(:iIY Clerk
July 19, 2006
SUEILA ~. IIARTJ\1:\!"
A~~islanl C1IY Clerk
File #1 5-11 0-304
Ms. Krista Blakeney
2108 Clinton Circle, N. W.
Roanoke, Virginia 24017
Dear Ms. Blakeney:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 17, 2006, you were reappointed as a member of the Youth
Services Citizen Board for a term ending May 31, 2009.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed. .
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Ms. Krista Blakeney
July 19, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Youth Services Citizen Board.
n'~:J~
Mary F. Parker, CMC
City Clerk
MFP:ew .
.
Enclosures
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division,
Parks and Recreation Department
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the seventeenth day of July, 2006,
KRISTA BLAKENEY was reappointed as a member of the Youth Services Citizen
Board, for a term ending May 31, 2009.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of July, 2006.
~^ll~
City Clerk
...........:--:-.;..
~:II'~\'~:Xol'l1.t)'
{:.~'t ~; :.:~ort:~
't~ ."""
~. "'"",
. (~ ., .:
-....::~~-~...:.---....
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fa" (540) 853·1145
E-mail: clerkrgci.roannkc.va.us
STEI'HANIE M. MOO:-l
Deputy City Clerk
SHEILA :-I. HARTMAI"
Assistant City Clerk
July 19, 2006
File #1 5-67-110
Mr. Robert H. McAden
2302 Carter Road, S. W.
Roanoke, Virginia 24015
Dear Mr. McAden:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 17, 2006, you were appointed as a member of the Parks and
Recreation Advisory Board to fill the unexpired term of Gwendolyn W. Mason,
resigned, ending March 31,2007.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each appointee is required "to read and become familiar with provisions of the
Act."
L"\CLERK\llATA\CKEW1\o:!.th and leaving ser\'ice\Parks and RcriRubert II MeAden oath drll.:
Mr. Robert H. McAden
July 19, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Parks and
Recreation Advisory Board.
Sincerely,
1.~
/\AA¡
Mary F. Parker, CMC
City Clerk
MFP:ew
.
Enclosures
pc: Steven C Buschor, Director, Parks and Recreation
Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board,
2314 Martin Lane, S. W., Roanoke, Virginia 24015
Stephanie M. Moon, CMC, Deputy City Clerk
L:\CLERK\D.-'\TA\CKEWI\oalh and leaving service\Parks and Rec\Roocn H MeAden oath.doc
COMMONWEALTH OF VIRGINIA)
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
-Council- which-was held on the seventeenth- day-ot--July,- 2006, ROBERT H.
MCADEN was appointed as a member of the Parks and Recreation Advisory
Board to fill the unexpired term of Gwendolyn W. Mason, resigned, ending
March 31, 2007.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of July, 2006.
1\., ~L
City Clerk
L\CI.ERK\D/\ T A \CKEWI\oath <Ind lea\'ing ser"'lcc\Parks and Rec\Robcrt H McAden oath. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke. Virginia 240 11-1536
Telcph(llle: 15401 8SJ-~5j]
r;~.\: (540) i'\S.l_] 1-15
E-mail: dcrkc[h;j.ro:llloke.\·~.u:-;
STEPHANIE M. ~100N. OK
Deputy City \leI"
MARY F. P,\RKER. Ole
City Clerk
SHEilA 1'. HARnlAN
A~.!<õi$lant CilY Cled.
July 19, 2006 .
File #15-110-323
Mr. Carlos H. Brunal
4426 Plantation Road, N. E., Apt. 9
Roaiïë:ìke, Vir;ginia:-240ï.4 - -
Dear Mr. Brunal:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 17, 2006, you were appointed as a member of the Roanoke Public
Library Board for a term ending June 30, 2009.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
L:\CLERK\DA TA\CKEW1\nath and leaving sCl'vice\roa public librar)' board\CarJos H. Bruna! oath.dol:
Mr. Carlos H. Brunal
July 19, 2006
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Public
Library Board.
Sincerely,
1 ~,.~
~-o
Mary F. Parker, CMC
City Clerk
MFP-;eiN
.
Enclosures
pc: Sheila S. 'Umberger, Secretary, Roanoke Public Library Board
Stephanie M. Moon, CMC, Deputy City Clerk
..
L\CLERK\DATA\CKEW1\oalh and le3\'1Ilg sCJ"\'ice\r03 pubhc library board\Car]o5 H. BrunaJ oath.doc
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the seventeenth day of July, 2006, CARLOS H.
BRUNAL was appointed as a member of the Roanoke Public Library Board for a
term ending June 30, 2009.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of July, 2006.
A...., 1. P t>-.-/.A-
City Clerk
L:i(l.ERK\DATA\CKEWI\oath and leaving service\ro;l pubhc hbr.ary Þoun.l\C:ulos H Bruna! oath.dOl:
..<:"".:-:--:...........
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«_i
.'.<J::i/
MARY F. I'·\RKF.R. ole
(ïr~ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A,'cllue. S.\V.. ROlllll456
Rtlhl1okr:-. Virgillia 2401 I-J 53Ú
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July 1 9, 2006
File #514
James D. Smith, Managing Partner
Pheasant Ridge Real Estate Holdings, LLC
4415 Pheasant Ridge Road, S. W., Suite 301
Roanoke, Virginia 24014
Dear Mr. Smith:
I am enclosing copy of Ordinance No. 37484-071706 permanently vacating,
discontinuing and closing certain public rights-of-way in the City of Roanoke, more
particularly described as Granger Road, S. W., lying between properties identified as
Official Tax Nos. 5470207, 5470301,5470205, and 5470206.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006, and is in full force and
effect upon its passage.
~~¿~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:\CLERKiDA T A\CKEW 1 \AGENDA CORRESPONDENCE\agenoa corr.espono~nc~ 06ìJul 06\July 17 06 corresp.doc
James D. Smith
July 19, 2006
Page 2
pc: A & J Holdings, Inc., 4415 Pheasant Ridge Road, #303, Roanoke, Virginia
24014
Mr. and Mrs. Paul Paige, 4323 Griffin Road, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Richard Harris, 4313 Griffin Road, S. W., Roanoke, Virginia .
24014
Pheasant Ridge Condominiums II, LL, 4415 Pheasant Ridge Road, S. W.,
Roanoke, Virginia 24014
Dawn Vineyard, President, Southern Hills Neighborhood Council, 4024 Griffin
Road, S. W., Roanoke, Virginia 24014
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\CKEWliAGENDA CORRESPONDENCE\agenda correspondence 06\Jul 06\July 17 06 corresp.doc
~\iD~>
. ~l, ~ti"
(J: ,'IY
L e·rt-'
IN THE COUNCIL OF THE CITY OF RÇlANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37484-071706.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
rights-of-way in the City of Roanoke, as more particularly described hereinafter; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Dalton Place, LLC, and A & J Holdings, Inc., filed an application
with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with
law, requesting City Council to permanently vacate, discontinue and close the public
rights-of-way described hereinafter;
.
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and
after having conducted a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held on such application by City Council on
July 17, 2006, after due and timely notice thereof as required by §30- I 4, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity 10 be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public rights-of-way have been properly notified; and
\VHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public rights-of-way.
THEREFORE, BE IT ORDAlNED by the Council of the City of Roanoke,
Virginia, that thc public rights-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
Granger Road, S.W., lies between properties identified as Tax Map Nos.
5470207, 5470301,5470205 and 5470206,
be, and is hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as City
Council is cmpowered so to do with respect to the closed portion of the rights-of-way,
reserving however, to the City of Roanoke and any utility company or public authority,
including, spccifically, without limitation, providers to or for thc public of cable
television, electricity, natural gas or telephone service, an easement for sanitary sewer
and water mains, television cablc, clectric wires, gas lines, tclephone Jines, and rclatcd
facilities that may now be located in or across such public rights-of-way, together with
the right of ingress and egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to removc, without the payment of compensation
or damages of any kind to the owner, any landscaping, fenccs, shrubbery, structure or any
other encroacluncnls on or over the easement which impede access for maintenance or
rcplacement purposes at the time such work is undertaken; such easement or easements to
terminate upon the later abandonment of use or permanent removal from the above-
described public rights-of-way of any such municipal installation or other utility or
facility by the owncr thereof.
BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision
Agent, receive all required approvals of, and rccord with the Clerk of the Circuit Court
for the City of Roanoke, a subdivision plat, with such plat combining all properties which
would othenvise be landlocked by the requested closure, or otherwise disposing of the
land within the right-of-way to be vacated in a manner consistent with law, retaining
appropriate easements, together with the right of ingress and egress over the same, for the
installation and maintenance of any and all existing utilities that may be located within
the rights-of-way, and allocating sufficient property to Official Tax No. 5470206 that will
result in the existing structure on the property being entirely on a legal lot of record.
BE IT FURTHER ORDAJJ\'ED that prior to receiving all required approvals of
the subdivision plat referenced in the previous paragraph, the applicants shall give to the
Treasurer for the City of Roanoke a certified check or cash in the amount of Eight
thousand one hundred thirty dollars and no cents ($8,] 30.00) as considcration pursuant to
§ J 5.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way.
BE IT FURTHER ORDAINED that the applicants shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of thc Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
'deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicants, and thc names of any
other parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicants shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
.
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (I2) months from the date of the adoption of this ordinance,
then such ordinance shall be null and void with no further action by City Council being
necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of § I 2 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST: ~
í\~ .j ~"~~~
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
21S Church ,henue. S.W.. Roolll166
Roanoke. Virginia 240 II
Telephone: (540) 853-1730 Fax: (S40) 8S3-1230
E-mail: plannill~(q;«..·i.rmlßuk(..\·a.us
.\n:hih'rlural Hl'\il'\\ IIn:lrd
-l,mnluf 1.1Iuillll :\pP"al~
!'1¡¡lInin .! C"mmi"inn
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member·
Honorable Sherman P. Lea, Council Member·
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Dalton Place, LLC, and A & J Holdings, Inc., to
permanently vacate, discontinue and close Granger Road,
S.w.
Planning Commission Action:
Planning Commission held a public hearing on Thursday, June 15, 2006. Bya
vote of 6-0 (Mr. Manetta absent), the Commission recommended that City
Council approve the requested closure.
Background:
The Petitioners and the owners of Official Tax Map No. 5470206 have agreed to
vacate Granger Road and divide the right-of-way among them in a manner
consistent with their current lot configurations. A portion of the house on Official
Tax Map No. 5470206 is encroaching into Granger Road. The requested
vacation, if approved, will correct this encroachment by adding the necessary
land to this property. The remainder of the vacated right-of-way is proposed to be
combined with a parcel in the Pheasant Ridge Development and will be used in
conjunction with a future phase.
After the Petitioner presented his reasons for requesting the vacation, Mr.
Chrisman asked how the house on Official Tax Map No. 5470206 was built with a
portion of it in the right-of-way. The Petitioner replied that he thought it had to do
with the siting of the house on the property prior to it being annexed from
Roanoke County. .
1
After the staff report, Mr. Williams asked if the listed price was fair market value.
Staff replied that it was the assessed value. Mr. Talevi asked staff to clarify the
price in the staff report relative to the allocation of the vacated property. Staff
replied that the price is based on how much of the vacated property the Petitioner
will receive. The owner of Official Tax Map No. 5470206 will acquire some of the
vacated right-of-way at no cost, thus the Petitioner is being charged for the
remainder.
Considerations:
All of the property adjoining Granger Road is currently zoned R-7, Residential
Single-family District. The Petitioners' properties are all vacant with the exception
of Official Tax Map No. 5470302, which has a single-family house on it. Official
Tax Map No. 5470206 and the other properties to the west of Granger Road also
have single-family houses.
Staff received comments from AEP, Verizon, the Western Virginia Water
Authority and Roanoke Gas, all of which stated no objection to the request. The
petitioner will be responsible for providing a public utility easement and relocating
any facilities as needed.
Granger Road is an unimproved street, which is below the grade of Griffin Road,
the only street that it connects to. There are no other portions of Griffin Road
within the City. The steep grade of the street has prohibited its development. The
Petitioners do not plan to use the vacated rights-of-way for access. The City has
no plans to improve Granger Road or to permit it to be improved.
The Department of Real Estate Valuation has assessed the property at a value of
$.57 per square foot.
Section 30.14 (5) of the Code of the City of Roanoke states the following
standards for street and alley vacation requests:
"Following the hearing before the city planning commission on an application to
alter or vacate a street or alley, the commission shall report in writing to the city
council whether in its opinion, any, and if any, what inconvenience would result if
the application were approved by council, and the commission shall report and
make a recommendation to council as to whether the application should be
approved."
Recommendation:
The Planning Commission recommends vacation of Granger Road. The right-of-
way provides no convenient means for current or future access to adjacent
properties. The petitioner should be charged a price of $8,130 and is subject to
the following conditions:
2
A. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Such plat shall combine all properties which would
otherwise dispose of the land within the right-of-way to be
vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress. Such plat will allocate
sufficient property to Official Tax Map No. 5470206 that will
result in the existing structure on this property being entirely on
a legal lot of record.
B. Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of this
ordinance for recordation to the Clerk of the Circuit Court of
Roanoke, Virginia, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the petitioner,
and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
C. Upon recording a certified copy of this ordinance with the Clerk
of the Circuit Court of the City of Roanoke, Virginia, the
applicant shall file with the Engineer for the City of Roanoke,
Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
D. If the above conditions have not been met within a period of six
months from the date of adoption of this ordinance, then such
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
~ tt;Jp
Richard A. Rife, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager
William M. Hackworth, City Attorney
Petitioner
3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA.
IN RE:
Application of Dalton Place, LLC, and A & J Holdings, LLC for vacation of Granger Road
MEMBERS OF COUNCIL:
A 1A.t.=.\tl>"l) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF GRANGER
ROAD
Dalton Place, LLC and A & J Holdings, Inc. apply to have Granger Road, in the
City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.2 -2006 and Section 30-14, Code of the City of Roanoke
(1979), as amended. This paper street is more particularly described on the survey
attached, Exhibit A, and as follows:
Granger Road lies between properties identified as Tax Map #5470207,
#5470301, #5470205 and #5470206. Tax parcel #5470207 and #5470301
are owned by the petitioners.
The Petitioners, Dalton Place, LLC and A & J Holdings, Inc., state that the
grounds for this application are as follows:
(1) All landowners whose property adjoins the property to be vacated
have been notified and are in agreement with this application.
(2) The property to be vacated is presently a paper street.
(3) The applicant desires to use the property to be vacated for the realigning
of lot lines to correct the encroachment of the home of Paul Andrew and
Joy Faye Paige, Exhibit B. The Southern Hills area was annexed by the
City of Roanoke from Roanoke County. Several adjoining lots have
encroachment and access issues that predate the annexation. The paper
street closure allows the City and applicants to correct this
encroachment. The residual area of Granger Road will be platted to
Dalton Place, LLC, which has the same common ownership as A & J
Holdings, LLC. The additional area will be used for a residential
development by Dalton Place, LLC.
WHEREFORE, Dalton Place, LLC and A & J Holdings, Inc., respectfully request
that the above described road be vacated by the Council of the City of Roanoke,
Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code
of the City of Roanoke (1979), as amended.
Respectfully submitted this
['7'/1 day of
,MAy
r
2006.
By:
J'~R.~
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Dalton Place, LLC
A & J Holdings, Inc.
Contact: Hunter Smith
4415 Pheasant Ridge Road, Suite 303
Roanoke, Virginia 24014
(540) 772-5090
APPLICATION FOR VACATING, DISCONTINUING
AND CLOSING OF GRANGER ROAD
PROPERTIES ADJOINING OR ABUTTING GRANGER ROAD:
5470301 - GRIFFIN ROAD
A & J HOLDINGS, INC.
4415 PHEASANT RIDGE ROAD, #303
ROANOKE VA 24014
5470205 - 4313 GRIFFIN ROAD
HARRIS RICHARD JR & MARGARET C
4313 GRIFFIN RD SW
ROANOKE VA 24014
5470206 - 4323 GRIFFIN ROAD
PAIGE PAUL ANDREW & JOY FAYE
4323 GRIFFIN RD SW
ROANOKE VA 24014
5470207 - GRANGER ROAD
DALTON PLACE LLC
4415 PHEASANT RIDGE RD
ROANOKE VA 24014
5460124 - 4428 PHEASANT RIDGE ROAD, LOT 2A
PHEASANT RIDGE CONDOMINIUMS II, LL
4415 PHEASANT RIDGE ROAD, 300-303
ROANOKE, VA 24014
Road for Closure~
Exhibit A
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
DALTON PLACE, LLC
SUITE 303
4415 PHEASANT RIDGE ROAD
ROANOKE VA 24014
NonCE OF
PUBLIC HEARING
REFERENCE: 80141001
9713407
City/County of Roanoke, Commonwealth/S~ate of
Vi~inla. Sworn and subscribed before me this
__ _~_day of July 2006. Witness my hand and
Of~ seal.
- ---f.-IMb il
My {ommissíJ:.
tary Public
3JTLQil+__- .
The Council of (he CHy of
Roanoke will hold a public
I hearing on Monduy. July 17.
'2006. at 7:00 p.m.. or íl!>'
!>oonthereaftt'rílsthe
mattcrmaybehl.'md,lnlhe
Council Chamber. fourth
1 floor. in the Noel C. T¡lylor
Municipal Building, 215
Church A~pnue. S.W..
Rotlnoke. Virginia, to'
con!>lder the lollowlng:
Request from Dallon Place.
LlC. andA&J Hordlng!>.lnc..
topermancntlv vacate.
di!óicontinue a'nd close
Grílnger Road. SW. between
properlies Identified asT:n'
,Map No!>. 5470207.
5470301,5470205 and'
'5470206. 10 the City of I
Roanoke, Vlrgini.:l.
A COPy of lhe amended
µetitiõn is available for
review In the Office 01 the
Cltv Clerk. Room 456. Noel
C. Taylor Municip.l1 Building. I
215 Church Avenue. S.W.,
RO.:lnoke. Virginia.
All lílrlles in interest and
citizen!> may appear on the
ílbo~e date and be heard on
lhe matter. If YOU ate a
oer!>on \\rlth a di<;abiJllv who
,eeds accommodation!> lor
lhishearing.pleílsecontacl
:he Citv Clerk's Office, at
353-25'41, before noon on
~t:e Thursdav bclorCl the date
)1 the hcannghstl'd aboye.
:;IVEN under my hand this
28th day of June. 2006.
\1<JryF. Parker. City Clerk.
,9713~~?)._ ..
NOTICEOFPUBLICHEARIN
State of Virginia
City of· Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
~s p~b~isher of ~he R03noke Ti~es, a dai:y
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBLI5HED ON: 06/30 07/07
, ".
""
TOTAL COS'!.' =
FILED ON,
287.04
07/06/06
- - - - - - - - - - - - - - - -+- - --.
Authorized ~_ n n
Signature'_~J_L~~~_________'
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NOTICE OF PUBLIC IŒAIUl\"G
The Council of the City of Roanoke will hold a public hearing on Monday. July 17, 2006, at
7:00 p.m., or as soon thercalìer as thc matter may be heard, in the Council Chamber, fourth Ooor, in
the Noel C. Taylor Municipal Building, 215 Church Avcnue, S.W.. Roanoke, Virginia, to considcr
thc following:
Request trom Dalton Place. LLC, and A & J Holdings, Inc., to
pennanently vacate. discontinue and dose Granger Road, S.W., between
propertics idcntified as Tax Map ;-.Jos. 5470207. 5470301. 5470205 and
5470206. in the City of Roanoke, Virginia.
A copy of the amended 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.
All parties in intercst and citizcns may appear on [he above date and be heard on thc matter.
If you are a person with a disability who needs accomlllodations for this hearing, pleasc contact thc
City Clerk's Officc, at 853-2541, before noon on the Thursday beforc the date ofthc hearing listed
abovc.
GIVEN under my hand this 28th day of June
,2006.
Mary F. Parker, City Clerk.
I: "TT()~:-':ï:Y n,\T,\"Cl.l.[l] :>'tJT f"F.S n:\I.TtJ~,;r'I..\( E&'\&JHol.nl"';(iS.'\tITWE.S rxl('
Notice to Publisher:
Publish in the Roanoke Times once on Friday, June 30, 2006 and July 7, 2006.
Send aflidavit to:
Mary F. Parker. City Clerk
215 Church Avenue, S. W.
Roanoke. Virginia 24011
(540) 853-254\
Send bill to:
James R. Smith,
Managing Partner
Dalton Place. LLC
A & .I Holdings. Inc.
4415 Pheasant Ridge Road. Suite 303
Roanoke, V A 24014
772-5090
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke, Virginia 24011-1536
Telephone: 1.5~OJ H53-25~ I
Fa:'t: 15401 853-1145
E-mail: derkcir-ci.ro:Jlloke.\"a.lls
STEPHA~IE M. ~100:'\. nlc
Deputy City Clerk
~IARY F. PARKER. CMC
City Clerk
July 7, 2006
SHEII.A N. II,\RHIAN
AS~l:.t;lnl Cil}' Clerk
File #514
Mr. and Mrs. Paul Paige
Ms. Dawn Vineyard
Mr. and Mrs. Richard Harris
Pheasant Ridge Condominiums, II, LL
Ladies and 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, July 17, 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 Dalton Place, LLC,
and A & J Holdings, Inc., to permanently vacate, discontinue and close Granger
Road, S. W.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and 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.
;;:'Y~ ~. P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
l:\CLERK\DATA\CKEW1\Public Hcarings\Puhlic Hearings 2006\JUL 06'v\nomcys and Adjoining Property O\\ners July.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke. Virginia 2401 1-1536
Telephone: (541)) S53·2541
Fax: (540) 853-] 145
E-rn:lil: clcrk@ci.ro~n(Jke.\'a.us
STEI'HANIE M. MOON, CMC
Deputy City Clerk
'IARY F. I'ARKER. CMC
City Clerk
July 7, 2006
SHEILA N. HARHI,\N
A!.sistant CilY Clerk
File#514
Hunter D. Smith, Vice Manager
Pheasant Ridge Real Estate Holdings, LLC
4415 Pheasant Ridge Road, S. W., - Suite 301
Roanoke, Virginia 24014
Dear Mr. Smith:
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, July 17, 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 Dalton Place, LLC,
and A & J Holdings, Inc., to permanently vacate, discontinue and close Granger
Road, S. W.
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.
It will be necessary for you, or your representative, to be present at the
July 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely, ~
n~.J. .~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L\CLERK\DATA\CKEWI\Public Hcarings\Public llearings 2006\JUL06\Attomeys and Adjoining Property Owners July.doc
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, June 15, 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 Dalton Place, LLC, and A & J Holdings, Inc., to
permanently vacate, discontinue and close Granger Road, S.w.
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 30 and June 6, 2006
L·U.
Please bill:
Hunter Smith
·
Dalton Place, LLC
4415 Pheasant Ridge Road, Suite 303
Roanoke, VA 24014
(540) 772-5090
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 STREET CLOSURE REQUEST OF:
Dalton Place, LLC. A & J Holdings, Inc. to close Granger Road, SW)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 25th day of May, 2006,
notices of a public hearing to be held on the 15th day of June, 2006, on the
closure captioned above to the owner or agent of the parcels listed below at
their last known address:
Tax No.
Name
Address
5470206
Paul and Joy Paige
4323 Griffin Road, SW
Roanoke,VA 24014
5470205
Richard and Margaret Harris
4313 Griffin Road, SW
Roanoke, VA 24014
Also notified: Dawn Vineyard
Southern Hills NH Council
4024 Griffin Road, SW
Roanoke, VA 24014
~cu-U^- ¥~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 25th day of May, 2006.
Y¿LÜ.U.L/JJ CociA(Ll~
Notary Public
My Commission Expires: eX / .:J ~ /67
Dalton Place LLC and A & J Holdings, Inc. Granger Road SW
STREET CLOSURE
Received
Amended Petition
2'" Amended Petition
3" Amended Petition
April 7, 2006
Affidavit
4/27/2006 and 5/26/2006
Notice of Public Hearing
May 26, 2006
Letter To Council
July
Letter to Attorney/Adjoining
Property Owners
July
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET CLOSURE. REQUEST OF:
Dalton Place, LLC, A & J Holdings, Inc. and Paul and Joy Paige
to close Granger Road, 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 closure captioned above to the owner or agent of the parcels
listed below at their last known address:
Tax No.
Name
Address
5470206
Paul and Joy Paige
4323 Griffin Road, SW
Roanoke,VA 24014
Also notified: Dawn Vineyard
Southern Hills NH Council
4024 Griffin Road, SW
Roanoke,VA 24014
~~...... 1tJL.U ð5ra-AL-J.. L .
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th day of April, 2006.
--¡¿Ú~,--Gx.J<-1. CGvr__.....J
Notary Public
dl~
My Commission Expires:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke, VIrginia 2401 1-1536
Telephone: (540) 853·2541
fax: (540) 853-1145
E-mail: c1erk@:ci.ro::mokc.\.:l.us
STEPHAf'IE M_ MOOf'. CMC
Deputy Cil)' Clerk
'IARY F. PARKER, CMC
City Clerk
SHEILA N. HARTMAN
Assist<lnl Cil)' Clerk
May 9, 2006
File #514
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or
alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I
am enclosing copy of an Amended Application received in the City Clerk's
Office on May 9, 2006, from James R. Smith, Vice Manager, Pheasant Ridge Real
Estate Holdings, LLC, representing Dalton Place, LLC, and A & J Holdings, LLC,
requesting that Granger Road, S. W., be permanently vacated, discontinued and
closed.
Sincerely, /J
n ~..; reV h4
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L \CLF.R...."\DA T A\CKEWI\RFZONING Ar-;'D STRf:.r:r CL05URc\Rezonin¡:s . Street Alle;.- (\(>\meet am! ~l:e~' closures\Gru.gcr Roal:! SW v3ca:ion alnCII.:III:C':l: c!oc
Richard A. Rife
May 9, 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
Hunter D. Smith, Vice Manager, Pheasant Ridge Real Estate Holdings, LLC,
4415 Pheasant Ridge Road, S W., - Suite 301, Roanoke, Virginia 24014
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 \CLliRK\DATA\CKEWI'..REZOl'õING AND STIŒ~T CLOSUIU:"\RelOnin¡;s· 511-eet Alley fY.',slreet a:1J ai1l:)" d,,~urc:;\GnlJ\ger RI.aJ SW '"acallOn amenJment.tIuc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853·2541
fax; (540) 853-1145
E-mail: clcrk@¡;i.roanokc.\.a.us
STEPHANIE M. MOON. CMC
DeplllY CilY Clel k
~IARY F. PARKER, CMC
City Clerk
SHEIL.A N. HARTMAN
Assislanl Cn)' Clerk
April 7, 2006
File #S 14
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or
alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I
am enclosing copy of an application received in the City Clerk's Office on
April 6, 2006, from James R. Smith, Vice Manager, Pheasant Ridge Real Estate
Holdings, LLC, representing Dalton Place, LLC, A & J Holdings, LLC, Paul Andrew
and Joy Faye Paige requesting that Granger Road, S. W., be permanently
vacated, discontinued and closed.
S~':" 9. P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Hunter D. Smith, Vice Manager, Pheasant Ridge Real Estate Holdings, LLC,
4415 Pheasant Ridge Road, S W., - Suite 301, Roanoke, Virginia 24014
The Honorable Mayor and Members of the Roanoke City Council
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
r:\(,I.F.RK\[)"TA\r:KF.WI\REZO~INCì A~n STRE(;TCLOSURE'.Rtzonin~ - Street. Allev 06\streft and aile" ck.lsllres\GranRel' Road SW vacation doc
(, C-l.A'
;:,;,~';j/'
\./
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Dalton Place, LLC, A & J Holdings, LLC and Paul Andrew and Joy Faye
Paige for vacation of Granger Road
MEMBERS OF COUNCIL:
APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF GRANGER
ROAD
Dalton Place, LLC. A & J Holdings, Inc. and Paul Andrew and Joy Faye Paige.
apply to have Granger Road. in the City of Roanoke. Virginia, permanently vacated,
discontinued and closed, pursuant to Virginia Code Section 15.2 -2006 and Section
30-14, Code of the City of Roanoke (1979), as amended. This paper street is more
particularly described on the survey attached, Exhibit C, and as follows:
Granger Road lies between three properties identified as
Tax Map #5470207. #5470301. and #5470206. Tax parcel
#5470207 and #5470301 both have common ownership.
The Petitioners. Dalton Place, LLC. A & J Holdings. Inc. and Paul Andrew and
Joy Faye Paige stated that the grounds for this application are as follows:
(1) All landowners whose property adjoins the property to be vacated
have been notified and are in agreement with this application: please
see attached letter to Paul Paige, Exhibit A 1 & A2.
(2) The property to be vacated is presently a paper street
(3) The applicant desires to use the property to be vacated for the
realigning of lot lines to correct the encroachment of the home of Paul
Andrew and Joy Faye Paige, Exhibit B. The Southern Hills area was
annexed by the City of Roanoke from Roanoke County. Several
adjoining lots have encroachment and access issues that predate the
annexation. The paper street closure allows the City and applicants to
correct this encroachment The residual area of Granger Road will be
platted to Dalton Place, LLC, which has the same common ownership
as A & J Holdings. LLC. The additional area will be used for a
residential development by Dalton Place, LLC.
WHEREFORE, Dalton Place, LLC. A & J Holdings, Inc., and Paul Andrew
and Joy Faye Paige respectfully request that the above described road be vacated
by the Council of the City of Roanoke. Virginia. in accordance with Virginia Code
Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted this
(p~
day of
k",,'t-
/
2006.
Ja~
By:
Dalton Place, LLC
A & J Holdings, Inc.
Contact: Hunter Smith
4415 Pheasant Ridge Road, suite 303
Roanoke, Virginia 24014
(540) 772-5090
APPLICATION FOR VACATING, DISCONTINUING
AND CLOSING OF GRANGER ROAD
PROPERTIES ADJOINING OR ABUTTING GRANGER ROAD:
5470301 - GRIFFIN ROAD
A & J HOLDINGS, INC.
4415 PHEASANT RIDGE ROAD, #303
ROANOKE VA 24014
5470206 - 4323 GRIFFIN ROAD
PAIGE PAUL ANDREW & JOY FAYE
4323 GRIFFIN RD SW
ROANOKE VA 24014
5470207 - GRANGER ROAD
DAL TON PLACE LLC
4415 PHEASANT RIDGE RD
ROANOKE VA 24014
5460124 - 4428 PHEASANT RIDGE ROAD, LOT 2A
PHEASANT RIDGE CONDOMINIUMS II. LL
4415 PHEASANT RIDGE ROAD, 300-303
ROANOKE. VA 24014
At
Integra
~
Your Investment Partner.
January 12,2006
Mr. Paul Andrew and Mrs. Joy Paige
4323 Griffin Road, SW
Roanoke, VA 24014
Re: 4323 Griffin Road
Dear Mr. and Mrs. Paige:
After our discussion, I have requested Lumsden & Associates engineering
to prepare a plat to close Granger Road. The plat will show a seven foot setback
from your home and a combination of the lots to your rear and across Granger.
Once the plat is complete, I will fOlWard a copy to your home to be
signed. The signed copy will then be sent to the City to be processed.
If you have any questions, I can be reached at (540) 772-5090.
Respectfully,
~~
Hunter Smith
HDS/pj
cc: Chris Chittum
4415 PHEASANT RIDGE ROAD, S.w., SUITE 303. ROANOKE, VA 24014
Phone: (540) 772-5090 I Fax: (540) 772-0106
E-mail: hsmith@inlegrallc.com
A 1..
Integra
~
Your Investment Partner.
March 15,2006
Mr. Andrcw and Mrs. Joy Paige
4323 Griffin Road, SW
Roanoke, VA 24014
Dear Mr. and Mrs. Paige:
We arc still in the process of working with the City of Roanoke on the
closing of Granger Road. The City's concern is that Granger Road is acting as the
public road fronlage required for several lots. Once the road is closed, (he lots
using Granger as road frontage would become non-confoTllling lots. We arc in
thc process of addressing this issue through an amendment.
I will continue to keep you infonned as thc process moves forward. If you
havc ,my questions, I can be reached at (540) 772-5091.
Respectfully,
1f---C7
Hunter D. Smith
HDS/pj
cc: James R. Smith
Dill Terry, Esquire
Chris Chittum
4415 PHEASANT RIDGE ROAD, SW.. SUITE 303. ROANOKE, VA 24014
Phone: (540) 772·5090 I Fax: (540) 772-0106
E-mail: hsmith@integrallc.com
B
540"772-9445
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TAX 154-70206
LOT 6, BLOCK 10
PAUL A. 41 JOY F.
PAIGE
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PHEASANl mDGE CONDOMINIUM II, lie
INSTRUUfNT IM80014820
PLA T SHOWING LOCA nON OF
GRANGER ROAD, S. W.
SECTION 2, SOUTHERN HILLS
P.B. J, PG. 55
FOR
INTEGRA
SITUA TED A T THE INTERSECnON OF
GRIFFEN RD.,S. W. &: GRANGER RD..S. W.
ROANOKE VIRGINIA
~ LUMSDEN ASSOCI ATES. P.c.
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TAX 15470115
NEW PLAN REAL TY TRUST
INSTRUMENT /0980004504
DATE:
SCALE:
APRIL 22, 2003
I" = 60'
COMM. NO.:
CADO FILE:
03·100 4t>lJ4 Bl{Mi~L[T{N I\VrNL [
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Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
pµa) HJT ~Gç LM-.JO J:1.JJ~.J(. Date~Ol...
Petition Includes:
~
~:
./ 3.
~
4.
:?f
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.
Nltt-
Secretary, City Planning Commission
Fee Schedule
Rczoning to Residential Districts
RA, R-12. R·7. R·5, R-3. RM-l. RM·2, RMF
$600 + 525 per acre or any portion
Rezoning to Commercial Districts
eN, CG, CL5
$900 + 525 per acre or any portion
Rezoning to Industrial Districts 1-1. 1-2
5900 T 525 per acre or any portion
Re7.oning to Special Purpose Districts
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
IPUD, Industrial PUD
51,000 + $25 per acre or any portion
Rezoning to Overlay Districts
H-l. Historic Downtown
H·2, Neighborhood Historic
ND, Neighborhood Design
RCC, River and Creek Corridor
CS, Comprehensive Sign
S250
Amendment to Proffered Condition~
S500
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
Rnanoke. Vrrginia24011-1536
T~lep]1l)m:·: (5':11/853 ::54]
f".¡>..: (5-1-01 f;53-1145
[-ll1;Jil: ..::Ierií.lã ('j.rtlan~lke.v"l.lI:-
STEPH,\!'IE 'I. ~lOn". nlc
Deputy City Ckr~
July 19, 2006
SHEILA ~. HARnL\"
.-\s~i~¡..ml City Ckd.
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. 37485-071706 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 No.
4120113, be rezoned from RM-2, Residential Mixed Density District, to
IN, Institutional District, subject to proffers contained in the Amended Petition filed
by Trustees of Metropolitan Community Church of the Blue Ridge in the Office of
the City Clerk on June 21, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006, and is in full force and
effect upon its passage.
7r;:~
,
~
Mary F. Parker, CMC
City Clerk
;L
MFP:ew
Enclosure
L:ICLERKIDATAICKEW1\AGENDACORRESPONDENCE\agenda correspondence 06\Jul 06\July 17 06 corresp.doc
Maryellen F. Goodlatte
July 19, 200t;
Page 2
pc:
Mr. Richard A. Dearing, P. O. Box 8224 , Roanoke, Virginia 24014
Mr. Larry W. Wilson, 812 Jamison Avenue, S. E., Roanoke, Virginia 24013
Ms. Gladys M. Cronise, 5524 Thornrose Road, N. W., Roanoke, Virginia 24012
Mr. Peter N. Olinger, 805 Jamison Avenue, S. E., Roanoke', Virginia 24013
Trustees, Belmont United Methodist Church, 806 Jamison Avenue, S. E.,
Roanoke, Virginia 24013
Richard Nichols, President, Southeast Action Forum, 1620 Kirk Avenue, S. E.,
Roanoke, Virginia 24013
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:\CLERK\DATAICIŒW 1 \AGENDA CORRESPONDENCElagenda correspondence 06\JuIW\July 17 06 corresp.doc
,
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37485-071706.
AN ORDINANCE to amend §36.2-J 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 rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Trustees of Metropolitan Community Church of the Blue Ridge have
made application to the Council of the City of Roanoke, Virginia ("City Counci]"), to
. have the hereinafter described property rezoned from RM-2, Residential Mixed
Density District, to IN, Institutional District subject to certain conditions proffered by
the applicant; and
WHEREAS, the City Planning Commission, after giving proper notice to al]
concerned as required by §36.2-540, Code of the City of Roanoke (l979), as amended,
and after conducting a public hearing 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 July] 7, 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 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 presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I. §36.2-100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended,
be amended to rellect that Official Tax No. 4120113, be, and is hereby rezoned from
RM-2, Residential Mixed Density District, to IN, Institutional District, subject to
the proffers contained in the Amended Petition filed by the Trustees of Metropolitan
Community Church of the Blue Ridge, in the Office of the City Clerk on June 21,2006.
2. Pursuant to the provisions of §12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
,
A~"-'õ l ~
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church "\'enllt!'~ S. n',. Room 166
Roanoke, Vir !.inia 2~O II
Tdephone: (5~OI1l53-1730 Fax: (5~O) 115.'-1230
E-mail: planning(~Þri.roallok(..."n.us
July 17, 2006
.\n:hikl:lur:11 Rl'\ il'" Uu:U"Ù
Ull¡lrd Ill' Znnin:,: ;\p l~..b
'llll1ningCllmmi"¡"11
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Mayor
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from the Metropolitan Community Church of the Blue
Ridge represented by Maryellen F. Goodlatte, Attorney, that
property on Jamison Avenue, S.E. bearing Official Tax No.
4120113, currently zoned RM-2, Residential Mixed Density District,
be rezoned to IN, Institutional District, subject to the condition that
the property be developed in accordance with the site plan
enclosed with the request.
Planning Commission Action
Planning Commission public hearing was held on Thursday, June 15, 2006. In
response to Commission comments during the public hearing. the applicant amended
their petition to rezone to include an additional proffered condition. Bya vote of 6-0 (Mr.
Manetta absent), the Commission recommended that City Council approve the rezoning
as provided in the amended petition.
Background
The petitioner owns and operates a place of worship (Official Tax No. 4120112) located
at 806 Jamison Avenue, S.E., that is currently zoned IN, Institutional District. This
property is located immediately adjacent to the subject parcel of this petition for
rezoning. The existing church building abuts the surrounding property line on this
parcel.
The subject parcel is currently zoned RM-2, Residential Mixed Density District. The
owner wishes to rezone the property to IN, Institutional District, to permit the
construction of an addition to provide for stairs and an elevator for the church facility.
1
As noted above, the existing church building abuts the property line and does not allow
adequate space to construct the addition.
Two handicapped parking spaces will also be provided on the subject property with
access to the elevator in the addition via a concrete walkway. The parking spaces will
be accessed via an alley at the rear of the property. The front portion of the property
will remain open space along Jamison Avenue.
The Petition to Rezone was filed on May 3, 2006. An Amended Petition to Rezone was
filed on June 20, 2006.
Considerations
Surroundinq Zoninq Districts and Land Uses
The subject property is located in the Belmont Neighborhood on Jamison Avenue, near
its intersection with 8th Street, and is currently zoned RM-2, Residential Mixed Density
District. Immediately surrounding the property is additional RM-2, Residential Mixed
Density District with the exception of the adjacent church that is currently zoned IN,
Institutional District. Further east on the 800 block of Jamison Avenue is a CN,
Commercial-Neighborhood District while to the east on the 700 block of Jamison
Avenue RM-1 and RM-2, Mixed Density Residential Districts are present.
Immediately surrounding land use is as follows (all zoned RM-2, Residential Mixed
District unless otherwise noted):
· Three lots, owned by the petitioner, currently used as parking.
· A single-family residence to the northwest.
· Single family residences to the east and northeast.
· Single family residences to the south across Jamison Avenue.
· A vacant lot to the southwest across Jamison Avenue.
· The petitioner's church property to the west (IN, Institutional District).
Prior to the City's comprehensive rezoning on December 5, 2005 both the subject
property and the adjacent property housing the church structure were zoned RM-2
Residential Multifamily, Medium Density District. The prior zoning ordinance allowed
churches and other places of worship in an RM-2 District.
Conditions Proffered by the Petitioner
The petitioner proffers the following condition:
1 . The property will be developed in substantial conformity with the Site
Development Plan made by Hughes Associates Architects, dated April 28, 2006,
and attached to the petition as Exhibit B, subject to any changes required by the
City during the Comprehensive Site Plan review.
2
2. The exterior appearance of the proposed addition shall be in substantial
conformity with the "Proposed Elevation" made by Hughes Associates Architects
dated April 28, 2006, and attached to this petition as Exhibit C.
Compliance with the Zoninq Ordinance
Presently, the principle use of the subject property is open space that supports the
adjacent church facility. Under the current zoning, a place of worship is not permitted
on the subject parcel and the accessory use of the property as part of a place of
worship is nonconforming.
If the property is rezoned to IN, Institutional District, the church addition can be
accommodated and the accessory use of the remaining open space to support church
functions is also appropriate. Staff notes that the expansion of the IN, Institutional
District, will require establishment of a Class B buffer between the proposed
construction and adjacent residential property.
Compatibility with the Neiqhborhood Plan
The Belmont-Fallon Neighborhood Plan recognizes the Jamison-Bullitt Avenue corridor
as the primary east-west transportation route through the neighborhood that connects
village centers in the neighborhood. The plan identified future land use in the 800 block
of Jamison Avenue as a combination of mixed density residential and commercial
zoning with the encouragement of village center/commercial development along the 9th
Street corridor extending from Highland Avenue across Jamison Avenue to Tazwell
Avenue.
Planning Commission Discussion
Planning Commission Discussion was focused on the exterior appearance of the
addition.
. The Planning Commission asked if the elevation of the addition presented by the
petitioner was proffered. The representative of the petitioner stated that it was not
proffered but could be offered as a condition if the Planning Commission wanted it
so. Planning Commission (Mr. Williams) stated that they would like to see the
details proffered. The representative of the petitioner offered a second proffered
condition (noted above) that states that the addition will be constructed in substantial
conformity with the elevation presented to the Planning Commission.
. The Planning Commission asked if the elevation presented by the petitioner was
enforceable by the City and staff responded that the proffered condition is
enforceable.
3
Recommendation
Bya vote of 6-0, the Commission recommends that City Council approve the rezoning
of the subject property from RM-2, Mixed Density Residential District, to IN, Institutional
District, including an additional proffer offered by the applicant during the public hearing
as contained in an amended petition. The petition provides for practical use of the
property consistent with the general mixture of uses along the Jamison/Bullitt Avenues
and 9th Street Corridors.
Respectfully submitted,
t<~ {j. I.-+v
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
4
IN THE COUNCIL OF THE CITY OF ROANOKE. VlRGDlL\
11\ RE:
Rezoning of one tract of land located on .Jamison Avenue, S.E.. and identified as
official Tax ~tap I\umber 4120113, fromR:VI-2, Residential 'lixed Density, to 11\,
Institutional, such rezoning to be subject to certain conditions.
A'JENDED PETITIO!\"
TO TILE HONORABLE MAYOR 1\1\D MEMBERS OF THE COUNCIL OF THE CITY
OF ROA:-.JOKE, VIRGINIA:
Petitioner Trustees of Metropolitan Community Church of the Blue Ridge own real
property in the City of Roanoke. Virginia. containing 0.] 194 acres located on Jamison
Avenue, S.E., and having official Tax Map \lumber ,W101 13. The property is currently
zoned R\1-2. Residential Mixed DensiTY. A map of the property TO be rezoned is attached as
ExhibiT A.
Pursuant TO Section 36.2-541. Code of the City of Roanoke (1979). as amended.
Petitioner requests that the said property be rezoned from R\1-2. Residential Mixed Density.
to 1:-':. Institutional. subjeCT to certain conditions set f011h below. for the purpose of installing
an elevator in order to make the church building located aT 806 Jamison Avenue, S.E.,
official Tax .'lap :\umber 4J20J 12. handicap accessible. The site devcIopment plan
prepared by Hughes Associmes Architects, dated April 28, 2005. is attached hereto as
Exhibit B ("SiTe Development Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes oftbe City's Zoning Ordinance and its Comprehensive Development Plan.
Your petitioner hereby proffers and agrees that if the said tract is rc/.oned as
requested. that the re70nl11g ""ill be subject to. and that it will abide by, the following
condiTions:
]. The property will be developcd in substantial conformity with the Sitc
Development Plan made by Hughcs Associatcs Architects, dated April 28. 2005, and
attached to this petition as Exhibit B. subject to any changes required by the City during the
Comprehensive Site Plan review.
2. The exterior appearance of the proposed addition shall be in substantial
conformity \vith the "Proposed Elevation" made by Hughes Associates Architects, dated
April 28. 2005, and attached to this petition as Exhibit C.
Attached as Exhibit D ate the names, addresses and tax numbers of the owners of all
. lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE. your Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
This Amended Petition is respectfully submitted this ..?o -rLaay of June, 2006.
TRUSTEES OF METROPOLITAN COMML11\lTY
CHURCH OF THE BLUE RIDGE
By:~F.
--- _.---
Of Counsel
Maryellen F. GoodJatte, Esq.
Glenn, Feldmann. Darby & GoodJatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-80l 8 - Telephone
(540) 224-8050 - Facsimile
mgoodlatieØ::gfdg.com
Trustees of Metropolitan Community Church of the Blue Ridge, owner of the property
subject to this amended petition hereby consents to this rezoning.
. TRUSTEES OF METROPOLITAN COMMUNITY
CHURCH OF HIE BLUE RIDGE
By:
./ C·/ AI /.
:r e1/ . tiT' ¿¿ u",j} ....7'¡-d<. (: ·U-v>
The Reverend Catherine Houchins
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Dale Weddlc
By -'-0,~
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I3y:__'v )~~~, Z -~,)S)~'-<~:
Dana Drew
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ADJOINING PROPERT'{ OWNERS
FOR
TAXPARCEL4120113 (RM-2)
(Trustees of Metropolitan Community Church of the Blue Ridge)
TAX MAP "UMBER
O\VNER(S) ! ADDRESS
4120111
Douglas E. Falls
508 Eighth Street, S.E.
Roanoke, Virginia 24013
4120102
Trustees of Metropolitan Community
Church of the Blue Ridge
806 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120103
Trustees of Metropolitan Community
Church of the Blue Ridge
806 Jamison Avenue, S.£.
Roanoke, Virginia 24013
4120104
Richard A. Dearing
P. O. Box 8224
Roanoke, Virginia 24014
4120114
Larry W. Wilson
812 Jamison Avenue. S.E.
Roanoke,Virginia 24013
4120603
Gladys M. Cronise
5524 Thomrose Road, KW.
Roanoke, Virginia 24012
4120(i02
Peter N. Olinger
805 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120601
Trustees, Belmont 1;nited Methodist
Church
806 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120]11
Trustees of Metropolitan Community
Church of the Blue Ridge
806 .Jamison Avenue, S.E.
Roanoke, Virginia 24013
li~~~t!~~&i1
ZONI"lG
RM-2
RM-2
RM-2
RM-2
RM-2
RM-2
RM-l
RM-2
IN
~ .-'
The .Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - -.. - - - - ----- - -------------------- - - ----- - - ---+---- -------- ---- - - - -----
GLENN, FELDMANN, DARBY & GOODL
PO BOX 2887
210 FIRST ST
ROANOKE VA 24001
City/County of Roanoke, Commonwealth/State
Vi:ìt~a. Sworn and subscribed before me
__ __day of July 2006. Witness my hand
Of~l seal. .
--+.141,/,)"--- ..!1_j;JI/~tary Public
MY/commis~r~ :~t~- ~3U-r~~=l--·
of
this
and
,-- NOnCE OF --~
I ~ PUBLIC HEARING .
The CounciJ.of the City of
Roanoke will hold.1 public
hearing on Mondav. July
17 2006. at 7:00 p.rn.. or
as soon thereafter as thc
mailer may be heard. In'
the Council Chamber. fourth I
floor~ in the Noel C. Taylor
¡MUnlclpaJ BUIlding. 215
:Churen A\'enue, S.W..
I Roanoke. Virginia, to
conslderthetollowing:
Requesl from Trustees of
Metropollt;:¡n Community
Church of the Brue Ridge,
reprt'sente-d by Maryelle-nF.
¡GOodl.1t1e. Attorney. lhat
property on Jamison
Avenue. SE.. bearing Official
Ta, No. 4120113,currenlly
zoned RM·2. Resldenti<ll
MIAed Oe-nslty Oistrlct. be
r('zoned to I,\' Jnstitution,ll
,Dislrict. subject to the
condilions that the prOpl:'rt)·
will be develo'ped in
substanlial conformity with
the development plan,and
the proposed elevator. bOlh.
01 which arc dated April 28 t
2006. and prcpMed by'
Hughes Associa I es
Architects. for the purpose
.01 Installing an eJev.1tor
Ilfor the Church located all
801'; Jamison A\ellUe S E I
Otficial Ta~ No. 41201i2.· ..
A COpy of the pelition is I'
/avallabJe for review in lhe
OflJce ot the City CJerk
Roo,!! 456, NoeJ C. Taylo; I
Munlelp<ll Building. 215/
Churel! A~enue. S.W.,
Roanoke. Virg:nia.
A.II. parties in Inlerest and
,¡!lzens may appeûr on the
above date and be heard
on thernatter.lfyouarea
p('rson with a dis;:¡bihtv who
ncedsaccomrnodaCior.s for
this he¡¡ring. pleasecontacl
the City Clerks Olliee al
853·2541. belore noon' on
Che Thursday before che dale
01 lhehearing IisTed.1bove.
GI\!E"l und('r my hand this
28th day 0' Junc, 2006.
MaryF. Parker. CitYCrerk.
(9712497)
REFERENCE: 80078049
9712497
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBUßH5,D ON: 06/30 07/07
'.
TOTAL COST:
FILED ON:
375.36
07/07/06
Authorized AAA_ i _ 0
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Billing Services
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l\OTlCE OF PUBLIC m~ARING
The Council of the City ofRoanokc will hold apublic hearing on Monday, Ju]y ] 7, 2006, at
7:00 p.m.. or as soonthereafìer as the mallcr may bc hcard, in thc Council Chamber, fourth Ooor. in
the Noel C. Taylor Municipal Building. 2] 5 Church Avenue. S.W., Roanoke, Virginia. to considcr
the ¡l1110wing:
Request from Trustees of Metropo]itan Community Church of the B]ue
Ridge, represented by Y1aryellen F. Good]atte. Attorney, that property on
Jamison Avenuc, S.E., bearing Official Tax No. 4]20] 13. currently zoned
RM-2, Residential Mixed Density District, he rezoned to 1"1. Institutional
District. subject to the conditions that the property will he developed in
substantial conformity with thc dcvelopment pl'lll. ,llld the proposcd elevator.
both of which arc datcd April 28. 2006, and preparcd by Hughcs Associates
Architects. for the purpose of installing an elevator for thc Church ]ocatcd at
806 Jamison Avenue. S.E., Official Tax No. 4]201 ]2.
A copy of the petition is avai]able for reviev,' in thc Oftìce of the City Clerk. Room 456, Noel
C. Tay]or Municipal Bui]ding, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on thc ahove date and be heard on the mailer.
]fyou arc a person with a disability who nceds accommodations for this hearing. please contact thc
City Clerk's Otììce, at 853-2541, hell1re nOOI1 on thc Thursday before the date of the hearing listcd
abovc.
GIVEN under my hand this 28thday of June
,2006.
Y1ary F. Parkcr, City Clerk.
L .\"]TIIR'\EY,[l:\"1 ~·("I.l.I)I·~(IIlI·ES ,\It'.IIH) >t.l] 11..\1\ (·(I\I~'I·~lTY ·III· lClIl)F ]]IL: liLt E RIIM,jf:· J\(JII("] [Joe
Notice to Publisher:
Publish in the Roanoke Times once on Friday, June 30, 2006 and July 7, 2006.
Send affidavillo:
Mary F. Parker. City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(5401853-2541
Send bill 10:
Maryellen F. Goodlalte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, VA 24001-2887
224-8018
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
. 215 Church Avenue, S.W.Room456
Roanoke. Virginia 24011-1536
Tclcph\lnc: c54Cl 85J-2541
Fax: (540·/85:l-11·1.5
E-mail: rJcrk@r,:i.rt';:¡noke.\'a.u!<
STEPHANIE :\1. 1\1001\", C\IC
De put)' Cily Clerk
:'\1ARY F. PARKER. CMC
Cit)' Clerk
July 7, 2006
File #51
SHEILA ~. HARHIAI"
A~.,i:-.l:lrl1 Cil\" Clerk
Mr. Richard A. Dearing
Ms. Gladys M. Cronise
Trustees, Belmont United Methodist Church
Mr. Larry W. Wilson
Mr. Peter N. Olinger
Mr. Richard Nichols
Ladies and 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, July 17, 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 Metropolitan Community Church of the Blue
Ridge that property located on Jamison Avenue, S. E., identified as Official Tax No.
4120113, currently zoned RM-2, Residential Mixed Density District, be rezoned to
IN, Institutional District, subject to the condition that the property be developed in
accordance with the site plan enclosed with the request.
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.
S7\~1,P~
Mary F. Parker, CMC
City Clerk
MFP:ew
L\CLERK\DATA\CKEWI\Public Hearings\Public Ilcarings 2006\JUL06\A.uùmcys and Adjoining Property Ü\l.lleTS July.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.w.. Room 456
Ro,moke, Virginia 24011-1536
Tclcpth'ue: (540) gS3-~5~ 1
Fa:1C (5..10) 853·] ] 45
E-mail: dcrk@:ci.r()õ.lnok\·.\":J.us
STEPHA¡o,;1E ~1. ~100S. CMC
Dc¡;uty Cil)' Clerk
MARY F. .'ARKlm. CMC
City Clerk
SHEILA K HARTMA¡o,;
A:-:-i$.lant City Clerk
July 7, 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 of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, July 17, 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 Metropolitan
Community Church of the Blue Ridge that property located on Jamison
Avenue, S. E., identified as Official Tax No. 4120113, currently zoned RM-2,
Residential Mixed Density District, be rezoned to IN, Institutional District, subject
to the condition that the property be developed in accordance with the site plan
enclosed with the request.
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.
L:\CLERK\DATA\CKEWl \Public Ilearings\Puþlic Hearings 2ù06'JUL 06\Atlomeys and Adjoining Pn..¡perty Owners July.doc
Maryellen F. Goodlatte
July 7, 2006
Page 2
It will be necessary for you, or your representative, to be present at the
July 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sñ'~ 4. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:\CLERK\DA TA \CKEWl 'Public Hcarings\Public J lealings 2006\JUL 06\A.ltorncys and Adjoining Property O"''Jlers July.doc
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
.-
Metropolitan Community Church of the Blue Ridge, Jamison)
Avenue, S.E., Official Tax No_ 4120113 from RM-2 to IN )AFFIDAVIT
CITY OF ROANOKE
)
) TO-WIT:
)
COMMONWEALTH OF VIRGINIA
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 25th day of May, 2006.
notices of a public hearing to be held on the 15th day of June, 2006, on the
closure captioned above to the owner or agent of the parcels listed below at
their last known address:
Tax No.
Name
Address
4120102 Petitioner
4120103,4120112
4120104
Richard A. Dearing POBox 8224
Roanoke, VA 24014
4120114
Larry W. Wilson 812 Jamison Avenue, SE
Roanoke, VA 24013
4120603
Gladys M. Cronise 5524 Thornrose Road, NW
Roanoke, VA 24012
4120602
Peter N. Olinger 805 Jamison Avenue, SE
Roanoke, VA 24013
4120601
Trustees, Belmont United Methodist 806 Jamison Avenue, SE
Roanoke, VA 24013
Notice also mailed to: Richard Nichols, President, SE Action Forum
1620 Kirk Avenue. SE. 24013
VhCLl~ åJ~-
Martha' Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke. Virginia, this 25th day of May. 2006.
.fJllLUJ- 9 6)cJu. dAU
Notary Public
My Commission Expires: ;) I;) if! 01
,
.
.,
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, June 15, 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 Trustees of Metropolitan Community Church of the
Blue Ridge, represented by Maryellen F. Goodlatte, Attorney, that
property on Jamison Avenue, S.E., bearing Official Tax No.
4120113, currently zoned RM-2, Residential Mixed Density District,
be rezoned to IN, Institutional District, subject to the condition that
the property will be developed in substantial conformity with the
development plan, dated April 28, 2006, prepared by Hughes
Associates Architects for the purpose of installing an elevator for
the church located at 806 Jamison Avenue, S.E., Official Tax No.
4120112.
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.
eIl
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 30 and June 6, 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
Metropolitan Community Church of the Blue Ridge - Jamison Avenue, S. E.
Received
Amended Petition
2"' Amended Petition
3" Amended Petition
May 3, 2006
,j lAne.. J..I, J..OO(P
Affidavit
May 26, 2006
Notice of Public Hearing
May 26, 2006
Letter To Council
Letter to Attorney/Adjoining
Property Owners
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. w.. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 85.'\-2541
Fax: (540) 853·1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON. CMC
Deputy CilY Clerk
MARY F. PARKER. CMC
City Clerk
SHt:lLA N. lI^RTMAJ';
Assislilnl City Clerk
June 21, 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 June 21, 2006, from Maryellen F. Goodlatte, Attorney,
representing Trustees of Metropolitan Community Church of the Blue Ridge,
requesting that a tract of land located on Jamison Avenue, S. E., identified as
Official Tax No. 4120113, containing 0.1194 acre, be rezoned from RM-2,
Residential Mixed Density District, to IN, Institutional District, subject to certain
conditions proffered by the petitioner.
A;'~ J.~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
I 'rl E:DVlTUTol.lr¡r¡.:WlIRF7nNINfi ANO STREF.T CLOSURE\RaoninlCll _ Slm:l Alley 06\Jamison AvGoodlmt' amended re7.Ollin¡ doc
Richard A. Rife
June 21,2006
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
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
Ian D. Shaw, Senior Planner
1.:\CLErn.K\DAT A\CKEWI\RFZONING AND STREET CLOSURE\Rezonings - Slrect Alley 06'Jamison Av Goodlatte am:nded rezoning doc
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
IN RE:
Rezoning of one tract of land located on Jamison Avenue, S.E., and identified as
official Tax Map Number 4120113, from RM-2, Residential Mixed Density, to IN,
Institutional, such rczoning to be subject to certain conditions.
AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
Petitioner Trustees of Metropolitan Community Church of the Blue Ridge own real
property in the City of Roanoke. Virginia, containing 0.1 194 acrcs located on Jamison
Avenue, S.E., and having official Tax Map Number 4120113. The property is currently
zoned RM-2, Residential Mixed Density. A map of the property to be rezoned is attached as
Exhibit A.
Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned from RM-2. Residential Mixed Density,
to IN. Institutional. subject to certain conditions set forth below. for the purpose of installing
an elevator in order to make the church building located at 806 Jamison Avenue, S.E.,
official Tax Map Number 4120112. handicap ·accessible. The site development plan
prepared by Hughes Associates Architects, datcd April 28, 2005, is attached hereto as
Exhibit B ("Site Development Plan").
Your petitioner believes the rczoning of the property will further the intent and
purposes of the City's Zoning Ordinance and its Comprehensive Development Plan.
Your petitioner hereby proffers and a6'f~eS that i.f. the said tract is rezoned as
... ... ::...~' .. :.': i· ¡. . '. ,'.' .
requested. that the rezoning will be subject to, and that it will abide by. the following
conditions:
l. The property will be developed in substantial. conformity with the Site
Development Plan made by Hughes Associates Architects, dated April 28, 2005, and
attached to this petition as Exhibit B, subject to any changes required by the City during the
Comprehensive Site Plan review.
2. The exterior appearance of the proposed addition shall be in substantial
conformity with the "Proposed Elevation" made by Hughes Associates Architects, dated
April 28, 2005, and attached to this petition as Exhibit C.
Attached as Exhibit D are the namcs. addresses and tax numbers of the owners of all
lots or properties immediately adjacent to. immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinancc of the City of Roanoke.
This Amended Petition is respectfully submitted this .;¡o 1'Í-aay of June, 2006.
TRUSTEES OF METROPOLITAN COMMUNITY
CHURCH OF THE BLUE RIDGE
f11..,.. A.J..l- F· ÞJ a Q dl~ ~
ð Of Counsel
By:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephonc
(540) 224-8050 - Facsimile
mgoodlatte@gfdg.com
'.' '.':;: ~ I ~".' }. .'
Trustees of Metropolitan Community Church of the Blue Ridge, owner of the property
su~ject to this amended petition hereby consents to this rezoning.
TRUSTEES OF METROPOLITAN COMMUNITY
CHURCH OF TilE BLUE RIDGE
By:
~ - Cd-/UU#tß kcL
The Reverend Catherine Houchins
[)~~
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~~al1y Seagraves
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ADJOINING PROPERTY OWJ\ERS
FOR
TAX PARCEL 4120113 (RM-2)
(Trustees of Metropolitan Community Church of the Blue Ridge)
TAX MAP NUMBER
OWNER(S) / ADDRESS
4120111
Douglas E. Falls
508 Eighth Street, S.E.
Roanoke, Virginia 24013
4120102
Trustees of Metropolitan Community
Church of the Blue Ridge
806 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120103
Trustees of Metropolitan Community
Church of the Blue Ridge
806 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120104
Richard A. Dearing
P. O. Box 8224
Roanoke. Virginia 24014
4120114
Larry W. Wilson
812 Jamison Avenue, S.E.
Roanoke, Virginia 240] 3
4]20603
Gladys M. Cronise
5524 Thomrose Road, N.W.
Roanoke, Virginia 240]2
4120602
Peter N. Olinger
805 Jamison Avenue. S.E.
Roanoke, Virginia 24013
4120601
Trustees, Belmont United Methodist
Church
806 Jamison Avenue, S.E.
Roanoke, Virginia 24013
4120112
Trustees of Metropolit¡m Community
Church of the Blue Ridge
806 Jamison Avenue, S.E.
Roanoke. Virginia 24013
EXHIBIT D
ZONING
RM-2
RM-2
RM-2
RM-2
RM-2
RM-2
RM-2
R.\1-2
IN
GLENN
FELDMANN
DARBY ..
GOODLA TIE
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1~-I11;JI: l~lgn¡'dkllte~ij ~1;;~.;':\1I1~
June 11. 1006
llANO DELIVERED
\1r. Cllris Chinul11
Roanoke City Planning & Development
rvlunieipal Building. Room 177
1J5 Church An~nue. S.w.
Roanoke. Virginia 140 I I
Re: Rezoning of one tract of land located in the City of Ro;mllke on
Jamison A\ullIc. S.c.
Tax Map '\0. 4110113 (0.1194 acres) from RM-1 to IN
Dear Chris:
We enclose ;m original and t\\ 0 copies of the Amended Petition with all
exhibits attached thereto for the above-reCereneed rezouing.
If you have any questions or need further information. please do not hesitate
to e;¡\lme.
VerT trulv yours.
. _.
~
\1arvcllen F. Goodlatte
MFG:lnh:t>056000
Enclosures
l'C:
v\1s. Mary F. Parker (\\'fenes.) (I-:IA;\O DF.I.IVERED)
Metropolitan Community Church of the Blue Ridge (wienes.)
·
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.w., Room 456
Roanoke. Virginia 2401 1-1536
Telephnne: 1540) 853-2541
Fa" (540) 853-1145
E-mail: c1erk@·ci.ro:moke.va.us
MAR\' F. PARKER. CoMC
CilY Clerk
May 3, 2006
. File #51
Richard A. Rife, Chair
City Planning Commission
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Rife:
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMA!'I
A!.siswnt Cif}' 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 a petition received in the City Clerk's Office
on May 3, 2006, from Maryellen F. Goodlatte, Attorney, representing Trustees
of Metropolitan Community Church of the Blue Ridge, requesting that a tract of
land located on Jamison Avenue, S. E., identified as Official Tax No. 4120113,
containing 0.1194 acre, be rezoned from RM-2, Residential Mixed Density
District, to IN, Institutional District, subject to certain conditions proffered by
the petitioner.
Sincerely, f!-
./l ~ J 6_L~-
I ') __, . -- --
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L \CLERK\DA TA\CIŒWI\REZONTNG AND STREET CLOSURE\Re7.lJDi;¡gs - SUttl Allry O6lJamison Av GoodIallC rezoning doc
Richard A. Rife
May 3, 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 .
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 \CLERK\J)A T A\CKEWI\RFZONING A:>iD STREET CLOSURF.\Rezl.lQinp - Sl~ Alley 06iJami$Oß Av (ioodIane rezoning.doc
GLENN
FELDMANN
DARBY&
GOODLATIE
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t-Il1:lil1l!glllldl;¡lh':li~·:gli.lg.cll:l1
Mav 3, 2001;
HA:\D DELIVERED
Mr. Jake Gilmer
Roanoke City Planning & Development
Municipal Building. Room 177
215 Chureh Avenue, S.W.
Roanokc. Virginia 240 II
Rc: Rezoning of one tract 01' land locatcd in the City of Roanoke on
Jamison Avcnue, S.E.
Tax Map No. 4120113 (0.1194 aeres) li'om RM-2 to IN
Dcar Jake:
Pursuant to Mctropolitan Comlllunity Church of thc Hlue Ridge's rczoning
rcqucst, we enelose thc following for filing:
I. An original and two eopies of a Petition, with all
exhibits attached thereto. rcqucsting that one tract of
land located in the City of Roanoke be rezoncd hom
RM-2 to IN;
2. Ninc copies of the site developmcnt plan; and
3. A check in the amount of 5925.00 to eovcr the eost of
tiling.
Also cnclosed are e1cvations showing thc existing side elevation along with
thc proposed clevation dcpicting thc Church's planncd improvemcnts.
Finally, a reduced eopy of the sitc dcvelopment plan along with a copy of the
cxisting site plan are also cneloscd.
ULE!':!\
FEU )Mr\!':!\
!)/\Rm:&
( ,OOT)LArTE
\11'. .lake Gilmcr
r-day 3. 20( (¡
Pag.e.2
If you have any ljuestions or need further information. please do not hesitatc
to call me.
Very truly yours.
~.
'vlaryellcn F. Goodlatte
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Enclosures
cc: \'Is. Mary F. Parker (\\!encs.) (Hi\\:D DELIVERED)
Metropolitan Community Church of the Hlue Ridge (\\!encs.)
Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner: 1'4 e. tr ~po i ¡{q 1
~Mun:tí ~..l(.)rc~
Dates/1J ZðO ~
P71ñdUdes:
-/ 1. Name, address and phone number of petitioner
~ /~ Names, signatures and addresses of the owner or owners of the
~ ':l lots or property including in the proposed change
_ 3.. 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;
6. Names, addresses and official tax numbers of owners of the lots or
property immediately adjacent to and those directly opposite
thereto.
Filing Fee: S
;JS, 00
g Commission
Fee Schedule
RE'zoning to Residential Districts
RA. R-12. R·7. R-5. R'3, RM-l, RM·2, RMF
5600 + S25 per .'toe or any portion
Rezoning to Commercial Districts
eN, CG, CLS
$900 + S2S per acre or any portion
Rezoning to Industrial Districts t·1, 1-2
5900 + Sl.5 per acre or any portion
Rel-'oning to Spe<..ial Purpose Districts
D, Downtown
MX. Mix.ed Use
IN. Institutional District
ROS, Recreation and Open Space
AD. Airport Development
Rezoning to Planned Unit Developments Districts
MXPUD, Mixed PUD
INPUD. Institutional PUD
IPUD. Industrial PUD
S 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
Amendment to Proffelt:,d Conditions
$500
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
·Roanoke. Virginia 24011- 1 5.1(,
Tt'kphtll::":: 1~4{ ) g5]-25.t j
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E-rtwil: cll:rkti?ci.l"ll'lJwkc.\:J.u:-,
STEPHA'ifE M. ~100"l. CMC
Deputy Cll~ Clerk
.\IARY 1'. PARKER. OK
C¡IY Clt:'rk
SHEILA "l. HARHIAI\
,\:-.!-iHal11 City Ckrk
July 19, 2006
File #51
Elijio Arellano, Owner
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem, Virginia 24153
Dear Mr. Arellano:
..
I am enclosing copy of Ordinance No. 37486-071706 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, repealing Ordinance No. 36610-
01400, to the extent that such ordinance placed certain conditions on Official Tax
No. 7090408, and placing a new proffer on the subject property as set forth in the
Second Amended Petition to Amend Proffered Conditions filed in the Office of the
City Clerk on June 6, 2006, so that such property located on Orange Avenue, N. E.,
will be zoned CG, Commercial-General District.
The above referenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006, and is in full force and
effect upon its passage.
7Ç', 6 J.P~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclos u re
L:\CLERK\DATA\CKEW1 IAGENDA'OORRESPONDENCE\agenda correspondence 06\Jul Oô\July 17 06.corresp.doc
Elijio Arellano·
July 19, 2006
Page 2
pc: Carson Hurley Enterprises, 2945 Orange Avenue, N. E., Roanoke, Virginia
24012
Charles L. McGhee, 4127 Mockingbird Hill, N. E., Roanoke, Virginia 24012
Mr. RichardJ.Joachim, 2913 Orange Avenue, N. E., Roanoke, Virginia 24012
F & S Building and Remodeling, 2944 Orange Avenue, N. E., Roanoke, Virginia
24012
Beth Israel Congregation Cemetery, 920 Franklin Road, S. W., Roanoke,·
Virginia 24016
Old Dominion Auto Salvage, Inc., 2948 Orange Avenue, N. E., Roanoke,
Virginia 24012
Ms. Adrian Lewis, President, Wildwood Civic League, 2538 Belle Avenue, N. E.,
Roanoke, Virginia 24012
Ms. Janet Scheid, Roanoke County Planner, P. O. Box 29800, Roanoke, Virginia
24018
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:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Jul 06\July 17 06 oorr<lSp.doc
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L:I:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of July, 2006.
No. 37486-071706.
AN ORDINANCE to amcnd §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, by
repealing Ordinance No. 34610-010400, to the cxtent such ordinance placcd certain conditions on
Official Tax 1\0.7090408, located on Orange Avenue, N.E., and placing a new proffer on the subject
property: and dispensing with the second reading by title of this ordinance.
WHEREAS, Arellano Orange, LLC, has filed an application with thc Council of the City of
Roanoke to repeal Ordinance No. 34610-010400, adopted January 4,2000, to the extent such
.
ordinance placed certain conditions upon property bearing Official Tax No. 7090408, located on
Orange Avenue, N.E., and to place a new condition proffered by the applicant on the property
bearing Official Tax No. 7090408:
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerncd as requircd by §36.2-540, Code of the City of Roanoke (1979), as amcndcd, and aftcr
conducting a public hearing on the matter, has made its recommendation to City Council;
,
WHEREAS, a public hearing was held by City Council on said application at its meeting on
July 17, 2006, after due and timely notice thereof as required by §36.2-540, Codc of thc City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens werc given an
opportunity to be heard, both for and against the proposed amendment;
WHEREAS, this Council, after considering the aforesaid application, the recommendation
madc to the Council by the Planning Commission, the City's Comprehensive Plan, and thc matters
presented at the public hcaring, finds that thc public nccessity, convenicnce, gencral welfare and
good zoning practice, require the rcpeal ofOrdinancc No. 34610-010400, adopted January 4,2000,
to the extent such ordinance placed certain conditions upon property bearing Official Tax No.
7090408, located on Orange A venue, N.E., and the adoption of the proffer pertaining to the subject
property as set forth herein, and for those reasons, is of the opinion that the subject property should
be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I. Ordinance No. 346] 0-0] 0400, adopted by the City Council on January 4, 2000, to the
extent that it placed certain conditions on Official Tax No. 7090408, is hereby REPEALED, and
that §36.2-] 00, Code of the City of Roanoke (] 979), as amended, and the Official Zoning Map, City
of Roanoke. Vir2inia. dated December 5, 2005. as amended. is herebv amended to reflect such
. ... . - .
action.
2. The proffers set forth in the Second Amended Petition to Amend Proffered
Conditions flied in the City Clerk's Office on June 6, 2006, are accepted and placed on the property
bearing Official Tax No. 7090408, so that such property will be zoned CG; Commercial-General
District, with conditions proffered by the applicant, and that §36.2-] 00, Code of the City of Roanoke
(J979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5.
2005, as amended, be amended to reflect such action.
3. Pursuant to the provisions of § 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
Ar(~ .j. PA-J_' .
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church ,henul'. S.W.. Ruum 166
Ruanuke. Virginia 240 II
Telephune: (540)1l5.\-1730 ....x: 154fllllS3-I2.\O
E-mail: planningl4.ci.n)unnkt..\.u.us
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UII:JI'd "rZ"nin!-:.\I)IIl·;II,
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July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Arellano Orange, LLC, to repeal a proffer of a
site plan, showing the layout and access to property located
in the 2900 block of Orange Avenue, N.E., bearing Official
Tax No. 7090408, and a proffer prohibiting outdoor
advertising on the subject property, and replacing such
proffers with a proffer of a new site plan, showing the layout
and access to the subject property, dated 5/18/06.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, June 15, 2006. Bya vote
of 6-0 (Mr. Manetta absent), the Commission recommended that City Council approve
the request
Background
On January 4,2000, at the request of Arellano Orange, LLC (formerly Jesus Arellano),
City Council rezoned the property identified as Official Tax No. 7090408 from LM, Light
Manufacturing District to C-2, General Commercial District, with conditions (Ordinance
34610-010400). The proffered conditions adopted in the ordinance were as follows:
1. That the property will be developed in substantial conformity with the
comprehensive development plan prepared by L.A. gates Company,
under date of October 7, 1999, attached hereto .and made part hereof,
subject to any changes that may be required ·by the City during
development plan review.
2. No outdoor advertising signs will be located on the property.
1
As part of the comprehensive rezoning adopted by City Council on December 5, 2005,
the subject property was rezoned from C-2, General Commercial District, with
conditions to CG, Commercial-General District, with conditions.
The petitioner requests that the proffered conditions on the ±2.18-acre parcel at 2901
Orange Avenue, N.E. be repealed and a new condition be accepted relative to the
currently proposed development for the site. The originally proffered site plan included
the development of a single Mexican restaurant on approximately half the parcel. The
revised development proposes a similar establishment with a future commercial building
as well.
A Petition to Rezone was filed on April 6, 2006 and on April 24, 2006 a request was filed
to continue the consideration of the petition to the June City Planning Commission
public hearing. A second amended petition was filed on June 6, 2006.
Considerations
Surroundinq Zoninq Districts and Land Uses
The subject property is located on the southern side of Orange Avenue, N.E, opposite
the intersection of Orange Avenue and Granby Street. The property is located in an
area of mixed uses as follows:
· 1-1, Industrial District properties to the north and northeast across and along
Orange Avenue (including Old Dominion Auto Salvage, Inc. and Hurley Carson
Enterprises)
· C-G, Commercial General District properties to the southwest along Orange
Avenue and to the north across Orange Avenue (including dental office space
owned by Dr. Richard Joachim and the F & S Building & Remodeling Corporation
facility)
· R-5, Residential Single-Family District to the south (a 12.80 acre undeveloped
parcel abuts the subject property with single family residences further to the
south along Mecca Street and Canaday Road).
· ROS, Recreational Open Space to the northwest across Orange Avenue (Beth
Israel and Temple Emanuel Cemeteries)
Conditions Proffered by the Petitioner
The petitioner requests that the existing proffered conditions covering the subject
property be repealed and that the following condition be substituted and adopted.
The property will be developed in substantial conformity with the development plan
prepared by Providence Engineering, dated May 18, 2006 indicated as Exhibit B,
subject to any changes required by the City during the Comprehensive Site Plan review.
2
Compliance with the Zoninq Ordinance
Currently the property is subject to a proffered site development plan that was
developed under the City's previous Zoning Ordinance. If the amendment of proffers is
approved, the development will be subject to the requirements of the current zoning
ordinance, which will result in improved placement of buildings and off-street parking.
As shown in the development plan, Exhibit ß, the proposed buildings will be required to
front closely upon Orange Avenue, with the parking to the side of the proposed
buildings. The revised conditions will also allow construction of a future building
subject to the uses indicated on the development plan without having to revise the
conditions in the future.
Compatibility with the Comprehensive and Neiqhborhood Plan
The petition is compatible with the design principles of the City's Comprehensive Plan,
Vision 2001-2020 that recommend commercial buildings located very close to streets
and parking lots located in the interior of a site (CD, pgs. 91 & 95).
The petition is also compatible with the future land use map in the Hollins/Wildwood
Area Plan, which shows the future use of the property as commercial and the Orange
Avenue corridor as primarily a mix of commercial, industrial, institutional and multifamily
residential development.
Planning Commission Discussion
The proposed development was discussed, primarily relative to the current intersection
at which the property is located, landscaping, parking and need for a sidewalk along
Orange Avenue.
· The Planning Commission asked if there was a traffic signal at the intersection of
Orange Avenue and Granby Street. Staff responded that there is a light that
currently operates for Orange Avenue and Granby Street. This signal would need to
be modified to allow for access from the proposed development as part of its
sequence.
· Planning Commission asked if the outdoor patio seating needs to be included in the
evaluation of the minimum parking spaces required. The Zoning Administrator noted
that outdoor seating on the property will need to be included in the evaluation of
minimum parking required for the development.
· The Planning Commission questioned the lack of landscaping, particularly tree
canopy for the parking area. Staff responded that the minimum landscaping and
tree canopy requirements of the zoning ordinance will need to be meet and will be
addressed as part of the site plan review process.
· The Planning Commission questioned the basis for removing the previously
proffered condition that no outdoor advertising signs would be placed on the
property. Staff noted that the new zoning ordinance will not allow outdoor
advertising signs due to the property's proximity to residential land use making the
previously proffered condition redundant.
3
· Planning Commission asked whether public sidewalks along the Orange Avenue
right-of-way should be provided. Staff indicated that a sidewalk from the proposed
building to the public right-of-way is included as required by the zoning ordinance
and that additional sidewalk along the right-of-way would not be required unless
proffered by the petitioner. The petitioner noted that a sidewalk may be difficult to
install based on the new turn lane proposed as part of the development. The
Planning Commission asked if the new turn lane was required by the City Traffic
Engineer and staff confirmed that it was.
Recommendation
The Planning Commission recommends that City Council approve the request and finds
that the petition to amend the proffered conditions on the subject property furthers the
purposes of the City's Comprehensive Plan, the Hollins/Wildwood Area Plan and the
City's Zoning Ordinance.
Respectfully submitted,
~~ £1. t(+
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
Elijio Arellano, Petitioner
Sean Goldsmith, P.E., Engineer for the Petitioner
4
.
.
SECOND AMENDED PETITION TO AMEND PROFFERED
CONDITIONS
I:-¡ THE COU1\C1L OF THE CITY OF ROAi\:OIŒ, VIRGIJ\IA
INRE:
Amendmem of Proffered Conditions 2.18 acre Tract I, Plat of Valley Land Investment
Co., 1\1.13. I, Page 315, Tax :I1.ap ?'oJo. 7090408.
TO THE HO:-':ORABLE MA YOR AND
MEMBERS OF THE COUNCLL OF THE CITY OF ROA"lOKE:
By Ordinance No. 34610-010400, at the request of Arellano Orange, LLC
(fomlcrly listed as Jesus Arellano), City Council rezoned the property identified as Tax
Map No. ï090408 from L\>1. Light Manufacturing District to C-2, General Commercial
District, with conditions. As part of a comprehensive rezoning adopted hy City Council
on Deccmber 5. 2005, the subject property was rezoned ¡¡-om C -2, General Commercial.
with conditions to eG, Commercial-General District, with conditions. A map of the
property is attached hereto as Exhibit A.
The Petitioner. Arellano Orange, LLC,owns said land in the City of Roanoke and
requests that the conditions relating to said property be amended as hereinafter set out.
The Petitioner believes that the subject amendment of proffers will further the
intent and purposes of the City 7.oning Ordinance and its Comprehensive Plan in that it
will allow for a better use of the subject property.
The Petitioner herehy requests that the following proffers enacted hy Ordinance
~o. 34610-010400 be repealed:
(a) That the property will he developed in suhstantial conformity with the
comprehensive development plan prepared hy LA. Gates Company, under date
October ì, 1999, altached hereto and made a part hereof: suhjeet to any changes
that may be required hy the City during development plan review.
(b) No outdoor advertising signs will be located on the property.
The Petitioner herehy requests that the following proffered conditions he
substilllted and adopted for those existing proffers delineated ahove:
I. The property will be developed in substantial eonfollllity with the
.
.
development plan prepared by providence Engineering, dated May 1 S,
2006 indicated as Exhibit 8, subject to any changes that may be required
by the City during Comprehensive Site Plan review.
Attached as Exhihit C are the names. addresses and tax numbers of the owner or
owners of all Jots or propel1y immediately adjacent to and immediately across a street or
road from the subject property.
WHEREFORE. the Petitioner requests thatlhe above-described amended proffers
be approved as J¡erein set out in ace0Tdance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted ihis 6th day of June 2006.
Respee.tf~lly submilted~ -, o· J
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Elijio Are'llano
Owner
Elijio Arellano
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem. VA 24153
540-915-3926
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EXHIBIT B
AMMENDED DEVELOPMENT PLAN
MEXICAN RESTALRANr
ROANOKE CiTY, VIRGINJ.l\
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LIST OF ADJOINING PROPERTY OWNERS - EXHIBIT C
! Official Ta; No.!.
,
I Street Address
l 7090406í
12945 Orange Ave. NE
7090401í
. Mecca 51. NE
7090407 í
, 2913 Orange Ave. NE
7140104í
2944 Orange Ave. NE
.7130112í
I Orange Ave. N1:
rme of )'roperl)' OwnCf
-h;rson Hurley Enterprises
Charles L McGhee
Richard J. Joachim
F&S Building and
. Remodeling Corp.
Beth Israel Congregation
Cemetary
I Mailing Address . I
I 2945 Orange A ve. ~E --l
Roanoke, V A 24012
4127 Mockingbird Hill NE
: Roanoke, V A ~40 12
2913 Orange Ave. NE
Roanoke, VA240J2
-12944 Orang~ AYe. NE
. RmlJJoke, VA 24012
920 Franklin Road SW
Roanoke, VA 24016
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - + - - .
ARELLANO, ELIJIO
1840 SAWMILL BRANCH ROAD
SALEM VA 24153
REFERENCE, 80141002
9712538
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V~' r inj a. SWOI'n and subscribed before r.le this
_._ ___day of July 2006. Witness my hand and
Of~l seal.
--t~ ~ .
~1y co;n~i;ts'if,n
',1\ l
PUBLISHE~ ON, 65¡JU~07/07
,.
1..:;
,
~,ïl'l!' \..:.,'
.\
TOTAL COST,
FILED ON,
325.68
Oï/07/06
. .- - - - - - - - -.1- -
NonCE OF !
, PUBLIC HEARING I
The Council of tht:l City of,
'ROiJllokcwill hola.1 publiC
he¿mng on 'v1onday. July
17. 2006. tit 7:00 p.nl, or
<IS !'oon th(>rc-aft~r as th(>
mati.:' may b~ heard. in
thl:' Council Chambcr, fOlJrth
flour. in tht' f>4ocl C. Taylor
Municillal Buildin~. 215
Church Avenue. S.W.,
RO<lnokl'. Virginia. to
eonsidC'r the foI1o....ir.c:: ,.
ReC ue!'ot from Arellano
OrÓln¡¡c. LLC, to rel1t'al <I
·profferofasltt!pfan.
showinr. th~ layout i:lnd
i:lct:esstopropertyloc,:¡tcd.
01\ Orunge Av~nue. N.E .;
bCtlrln!:: Offici<ll T.:" ~0'1
70904'08. und a profter
prr¡llibiti n 1, outdoor
íld~crti~ing on the subjc-ct
properly. <lnd rl!plilcing ~u,h .
proffers wilha prvffër <;Jf a
ne..... site pla'l. showin¡:: Ihe
I<lvout ,uld .:lcceS$ 10 the
!'Ubjl:'Clproperty.
A copv 01 the petition is
aV,1ilable for review in the
Office of [he City Clerk.
Room 456. \iOf!¡ C. Tavlor
Munlc-ip<ll BUIlding. 215
Church Avenue. S. W..
RO<lnllke. Virginia.
All polItics in interest and
citizens mav appear Or\ [hc
. above datc-:lnd be hCilrd
on thcmattt!r. It you Ólreol,
pt:lr!'on wllhol dlsahility who
nt!eds <lccommod<llions fori
this hcaring. plcílseconlact
the Cih Clerk's Offie>:". <It,
853-2541. belore noon on
. thl:! Thursdav beforcthe date
: III the hearing listed abll~e.
GIVEN undC'1 my h<lnd thi!>
i 28th day of Junt:l 2006. Mary
:F. Pmk.:r. CIty Ch~rk. :
Ji92g.5381_____.
~~~~~~~::~_~~~JL-----____, Billing Servic'ôs Representative
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l\OTlCE OF PUBLIC IIEAIUl\G
The Council ofthc City of Roanokc will hold a public hearing on Monday, .July 17, 1006, at
7:00 p.m., or as soon thcrca1ìcr as the mattcr may be heard, in thc Council Chamber, fourth Ooor. in
thc Noel C. Taylor Municipal Building, 115 Church Avcnuc. S.W., Roanoke, Virginia. to consider
the following:
Rcqucst from Arellano Orange. LLC. to repeal a proffcrofa site plan, showing the layout and
access to property located on Orange A vcnue, N.E.. bcaring Oflieial Tax No. 7090408, and a
proffer prohibiting outdoor advertising on thc subject property. and replacing such proffcrs
with a proffer of a new sitc plan, showing thc layout and access to the subject property.
A copy of the petition is available for review in the Office of the City Clerk. Room 456, Noel
C. Taylor Municipal Building, 115 Church Avenuc. S.W., Roanokc, Virginia.
All parties in intcrest and citizens may appear on thc abovc date and he heard on the mattcr.
If you arc a pcrson with a disability who necds accommodations for this hearing, please contact the
City Clerk's Officc, at 853-1541, beforc n0011 on thc Thursday heforc thc date of the hcaring listed
above.
GIVEN under my hand this 2ß..th day of
June
,1006.
Mary F. Parker, City Clcrk.
I. '.~HOIl..;r:'{.LJ"T..l,,·nU)r:-';Oll(T."·.~IUï.I.A:\OOR.~I\\ir.1.I c "¡(ITf(E II.rI'E·\I.,"RrPI ·\(Ef'RorrrRS fJl')("
Notice to Publisher:
Publish in the Roanoke Times once on Friday, June 30, 2006 and July 7, 2006.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Elijio Arellano, Owner
Arellano Orangc, LLC
1840 Sawmill Branch Road
Salcm, VA 24153
915-3916
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke. Virginia 240 11-1536
Telephone: (:'i~Ol 853·2541
Fax: (540) 853·J ]45
E·mail: clc-rk@ri.ro:mokc.\"8.us
STEPII,\r;IE M. Moor;. CMC
Deputy City Clerk
MARY F. PARKER. CMC
City Clerk
July 7, 2006
SIIEILA N. IIARTMAN
Assi~lalll City Clerk
File #51
Carson Hurley Enterprises
Mr. Charles L. McGhee
Mr. Richard J. Joachim
Ms. Adrain Lewis
F & S Building and Remodeling
Beth Israel Congregation Cemetery
Old Dominion Auto Salvage, Inc.
Ms. Janet Scheid
Ladies and Gentlemen:
Pursuant to provisions of Resolution NO.2 5 523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, July 17, 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 Arellano Orange,
LLC, to repeal a proffer of a site plan, showing the layout and access to property
located in the 2900 block of Orange Avenue, N. E., identified as Official Tax No.
7090408, and a proffer prohibiting outdoor advertising on the subject property,
and replacing such proffers with a proffer of a new site plan, showing the layout
and access to the subject property, dated May 18, 2006.
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.
7\':" 1. P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\CLERK\DA T A\CKEWl \Public Ilearings\Public Ilearings 2006\JUL 06\Aul.1meys and Adjoining Property O\\l1crs July.doc
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W, Room 456
RO'lI1L>ke, Virginia24llll-1536 .
Telepholle: (54m S5J-:!5-l.
Fax: 15·10) 85.3-] ]45
E-mail: l:lcrii.@·çl.r(,anl*l:.\..I.L1S
STElIIIA~IE 1\1. 1\1001'\. C\1C
Depucy Cify Clerk
SHEILA ~. IJART'lA~
A~...i.;t;,¡nl City ('[t"\.;
\HRY F. P,\KKER. CMC
Cily Ckrk
July 7, 2006
File #51
Elijio Arellano, Owner
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem, Virginia 24153
Dear Mr. Arellano:
Pursuant to provisions of Resolution No.2 5 52 3 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, July 17, 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 Arellano Orange,
LLC, to repeal a proffer of a site plan, showing the layout and access to property
located in the 2900 block of Orange Avenue, N. E., identified as Official Tax No.
7090408, and a proffer prohibiting outdoor advertising on the subject property,
and replacing such proffers with a proffer of a new site plan showing the layout
and access to the subject property, under date of May 18, 2006.
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.
L:\CJ.F.RK\DATA \CKEW l\Public ) learings\Public Ilearings 2006\JlJL Oó\Anomeys and Adjoining Propeny O.....llers July.doc
Elijio Arellano
July 7, 2006
Page 2
It will be necessary for you, or your representative, to be present at the
July 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
SAY~ J ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
I;\CLERK\DA T A\CKEWl \Puhlic Hcarings\Public Hearings 2006'JUL 06\A.norncys and Adjoining Property O\\llerS July.Joc
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF:
Arellano Orange, LLC, for property on Orange Avenue, NE )
Official Tax No. 7090408 ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) TO-WIT:
)
The affiant, Martha Pace Franklin, first being duly sworn, states that she is
Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her own personal knowledge. Affidavit
states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the City of
Roanoke, she has sent by first-class mail on the 25th day of May, 2006,
notices of a public hearing to be held on the 15th day of June, 2006, on the
closure captioned above to the owner or agent of the parcels listed below at
their last known address:
Tax No.
Name Address
7090406
Carson Hurley Enterprises 2945 Orange Avenue, NE
Roanoke,VA 24012
7090401
Charles L. McGhee 4127 Mockingbird Hill, NE
Roanoke, VA 24012
7090407
Richard J. Joachim 2913 Orange Avenue, NE
Roanoke. VA 24012
7140104
F & S Building and Remodeling 2944 Orange Avenue, NE
Roanoke, VA 24012
7130111
7130112
Beth Israel Congregation Cemetery 920 Franklin Road, SW
Roanoke, VA 24016
7140112
Old Dominion Auto Salvage, Inc. 2948 Orange Avenue, NE
Roanoke, VA 24012
Notice also mailed to: Adïian Lewis, President
Wildwood Civic League2538 Belle Avenue, NE 24012
Janet Scheid,
Roanoke County Planner, POBox 29800, 24018
1~~,- :K~
Martha Pace Franklin
C:j.
c~~ .
SUBSCRIBED AND SWORN to before me, a Notary Public. in the City of
Roanoke, Virginia, this 25th day of May, 2006.
My Commission Expires:
'--I~9-&h(L ;t/l'LJ
Notary Public
é)/d~Jo7
I
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
Roanoke. Virginia 2401 1-1536
Telephone: 15-10) 853-2541
F:.¡;'c I.:'..H)} t;53-114~
E-m:li): ~:krk0ci.nlano"c.\·a.us
STEPIIAI'n: ~1. ~IOOl'. CMC
Deputy Cil)' Clerk
SllEllA N. HARB!,\I'
A~~bt:lnl City Clerk
June 6, 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 Second Amended Petition received in the
City Clerk's Office on June 6, 2006, from Arellano Orange, LLC, requesting
Amendment of Proffered Conditions in connection with the rezoning of
property located on the southeast side of Orange Avenue,N. E., approximately
150 feet north of its intersection with Mecca Street, containing 2.18 acres,
described as Official Tax No. 7090408.
Sincerely, ~
~ ~ -J .. o.r-t.--
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L \Cl.ERK\UATA\('KEWI\JU20J\'mG AND STREI:TCI.Q5URE'Jl.elnninils" SUM Alley 06\Arcllano Orange U.C Valley land InvcSI:ncnl 7090408 2nd ilfT1l:nd:ncm.doc
Richard A. Rife
June 6, 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
Elijio Arellano, Owner, Arellano Orange, LLC, 1840 Sawmill Branch Road,
Salem, Virginia 24153
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
Ian D. Shaw, Senior Planner
L \CI.ERK\DATA\CK!,Wl\Rf:lO:>llNG AND STRF.F.T C1.0SlJRBRc:zomngs· SlTeet Alley 06\An:llano O~C' !J_e Valky l...arwlln'-eslmenl 7090408 ~nd anrnd~nl doc
SECOND AMENDED PETITION TO AMEND PROFFERED
CONDITIONS
IN THE COUNCIL OF THE CITY or ROAJ\"OKE, VIRGI},[IA
IN RE:
Amendment of Prorrered Conditions 2.18 acre Tract I, Plat of Valley Land Invcstment
Co., M.B. I, Page J 15. Tax \1ap No. 7090408.
TO THE HO:-.JORABLE MA YOR AND
ME\1ßERS OF THE COUNCIL OF THE (:In' OF ROANOKE:
By Ordinance No. 34610-010400, at the request ofArel!ano Orange, LI.C
(formerly listed as Jesus Arellano), City Council rezoned the property identified as Tax
Map No. 7090408 from L\1, Light Manuracturing District to C-2, Cìeneral COlllmereial
District, with conditions. As part ofa comprehensive rezoning adopted by City Council
on December 5. 2005. the subject propcrty was rezoned from C-2, General Commercial.
with conditions to CG, Commercial-General District. with conditions. A map of the
property is attached hereto as Exhibit A.
The Petitioner, Arellano Orange. LLC, owns said land in the City of Roanoke and
requests that the conditions relating to said property be amended as hereinalìer set ouL
The Petitioner believes that the subject amendmcnt of proffers will fUlther the
intent and rJllrpOSl'S of the City Zoning Ordinanec and its Comprehensive Plan in that it
wil! allow for a better use of the subject property.
The Petitioncr hereby requests that the following proffers enacted by Ordinancl'
1'0:0. 34t>1O-1) 10400 be repeakd:
(a) That the propcrty will be developed in substantial eont\mnity with the
comprehensivc development plan prepared by LA. Gales Company, under date:
October 7, 19<)<), attae.hed hereto and mack a part hercol; subject to any ehangcs
that ]Jay be required by the City during development plan review.
(b) No outdoor advertising signs will be located on thc property.
The Petitioner hereby requests that the rollowing proffered conditions be
suhstituted and adopted for those existing proffers delineated_ above:
~... .... ....., . .,.... - - .
I. The property will hc developcdiil'subsiantial eOlìf()nnity with the
development plan prepared by Providence Engineering. dated May 18,
2006 indicated as Exhibit B, subject to any changes that may be required
hy the City during Comprehensive Site Plan review.
Attached as Exhihit C arc the namcs, addresses and tax numbers of the owner or
owners of all lots or property inul1edialely adjacent to and imlllediately across a street or
road from the subject property.
WHEREFORE, the Petitioner requests that the ahove-deseribed amended proffers
be approved as herein set out in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted this 6'h day of June 2006.
Owner
Elijio Arellano
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem, VA 24153
540-<)15-3<)26
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AMMENDED DEVELDPMENT ?LAN
MEXICAN RESTAURANT
ROANOKE CITY, VIRGINIA
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EXHIBIT A
AREA MAP
MEXICAN RESTAURANT
ROANOKE CITY, VIRGINIA
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engineering
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LIST OF ADJOINING PROPERTY OW~ERS - EXHIBIT C
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, Official Tax No.1 :'oIame of >roperty Owner I Mailing Address i
~St"eet Add"ess '~
I 7090406i --. : Carson -Hurley EnterprÍs~~-2()45 Orailge A ve_ N E ...
·2945 Orange Ave.!'Œ 1 Roanoke. VA 24012 ~
i'¿09040Tj'------[Cìlliries L McGhee- 14127 \1oekingbinlllill::--JE 1
\1ceca SI. r-.~.. '_ ._. _~oanoke, VA 24012 .J
17090407/ -----rRichard J. Joachim 2913 Orange Ave. NE l'
.l9U Ora!lge Ave. :'\IE 1__· __. .~.. Roanok~. VA 2401~_
7140104/ ~ F&SBuildingand 29440rangeAvc.NE
l~944 Orange Ave. NE . Remodeling Corp. . __.: Roanoke, VA 24,0 ~_. .
. 7130112/ ; Beth Israel Congregation 1920 Franklin Road SW l
I Orange Av,.e. NE ._. I Cellletary ._. _----.lß0anokc, VA 2401~_ ._
(:,.:;;tcr cJ<.o.v~
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, June 15, 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, 21 S Church Avenue, S.w., Roanoke, Virginia, to consider the
following:
Request from Arellano Orange, LLC, to repeal a proffer of a site
plan, showing the layout and access to property located in the
2900 block of Orange Avenue, N.E., bearing Official Tax No.
7090408, and a proffer prohibiting outdoor advertising on the
subject property, and replacing such proffers with a proffer of a
new site plan, showing the layout and access to the subject
property, dated 5/18/06.
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
CI1
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 30, and June 6, 2006
Please bill:
Elijio Arellano
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem, VA 24153
(540) 915-3926
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
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w., Room 456
Roanoke. Virginia 240 11-1536
Telephone; (540) 853-2541
Fal\.: (540) 853·1145
E·m¡lil: clerk@"ci.r0anokc.\'a.us
STF.PII,\!';IE M. MOON. CMC
Depuly City Clerk
MARY F. PARKER, CMC
City Ckrk
SIIEILA !';. I ,\RUIA!';
As¡;i.'i.u\n( Cit)' Clerk
May 19, 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 May· 19, 2006, from Arellano Orange, LLC, requesting
Amendment of Proffered Conditions in connection with the rezoning of
property located on the southeast side of Orange Avenue, N. E., approximately
150 feet north of its intersection with Mecca Street, containing 2.18 acres,
described as Official Tax No. 7090408.
Sl~' "'--¡ -J P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
L:\CLl:RK\D^T^\CJŒWI\RElO~rNG A~D STRŒT CLOSL:RE\Rczonings . Scree! Aile)' 06\Artl!ano Orange LtC Valley Land InVt'S¡mml 7090408 anEnJmenl doc
Richard A. Rife, Chair
April 7, 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
Elijio Arellano, Owner, Arellano Orange, LLC, 1840 Sawmill Branch Road,
Salem, Virginia 24153
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
I. \CI.f:.RK\DATA\CIŒW1\RF.20NIr-;G AND STREET CLOSURE\Re7.oning¡. Sfrees Alley 06i.Arcllano OrBnge !J.e VallC'y L2nd hWe5Imc'r.1 70904011 amendmcnl dx:
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AMENDED PETITION TO AMEND PROFFERED
CONDITIONS
IN THE COUNCIL OF THE crn' OF ROANOKE, VIRGINIA
INRE:
Amendment ol"Profl"ered Conditions 2.1 S acre Tract I. Plat of Valley Land Investment
Co., M.B. I, Page 315, Tax Map No. 7090408.
TO THE HO"lORAßLE MA'{OR AND
MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
By Ordinance No. 34610-0 I 0400, at the request of Arellano Orange, LLC
«((mllerly listed as Jesus Arellano), City Council rezoned the property identified as Tax
Map No. 7090408 from LM, Light Manul"acturing District to C-2, General Commercial
District, with conditions. As part of a comprehensive rezoning adopted by City Council
on Decemher 5. 2005, the subject properly was rezoned from C-2, General Commercial,
with conditions to CG, Commercial-General District, with conditions. A map ol"the
property is attached hereto as Exhihit A.
The Petitioner, Arellano Orange, LLC, owns said land in the City 01" Roanoke and
requests that the conditions relating to said property be amended as hcreinalier set out.
The Petitioner helieves that the suhjeet amendment ol"proffcrs will fÌirther the
intent and purposes ol"the City Zoning Ordinance and its Comprehensive Plan in that it
will allow lor a hetter use ol"the suhject propcrty.
The Petitioner hereby requests that the following proffers enacted hy Ordinance
No. 3461li-010400 be repealed:
(a) That the property will he developed in substantial conformity with the
comprehensive development plan prepared by L.A. Gates Company. under date
October 7, 1999, attached hereto and made a part hereof: suhject to any changes
that may he required by the City during development plan review.
(b) No outdoor advertising signs will he located on the property.
The Petitioner hereby requcsts that the following pronered conditions be
suhstituted and adopted lor those existing.~),rol"l"ers delineated ahove:
; ,
1. The suhject propcrty will be developed in substantial conformity with the
development plan prepared by Providence Engineering, dated May 18,2006
inùieated as Exhibit ß.
Attachcd as Exhibit C arc the namcs, addresses and tax numbers of the owner or
owners of all lots or property immediately adjacent to and immcdiately across a street or
road from the subject propcrty.
WHEREFORE, the Petitioner requests that the ahovc-deseribed amcndcd proffers
be approved as herein set out in accordancc with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted this 18th day of May 2006.
:cspectfullY sÛ~
y& .
Elijio Arellano
Own~r
Elijio Arellano
Arellano Orange, LLC
1840 Sawmill Branch Road
Salem. VA 24153
540-915-391(;
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EXHIBIT A
AREA MAP
MEXICAN RESTAURANT
ROANOKE CITY, VIRGINIA
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AMMENDED DEVELOPMENT PLAN
MEXICAN RES rAURAN 1
ROANOKE CITY, VIRGINIA
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LIST OF ADJOINING PROPERTY OWNERS - EXHIBIT C
Oftieial Tax No.1
Street Address
.-. -
7090406/
2.945 Orange Ave. NE
7090401/
, Meeea SL NE
7090407/
2913 Orange Ave, NE
7140104/
2944 Orange Ave. NE
'7130112/ -
L9range Ave. NE
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2945 Orange Ave. NE I
Roanoke. V A 24012 '
4127 Moekil:¡ghirdHill NI' I
__Roanoke, V A 24012 .
2913 Orange Ave, NE
Roanoke, V A 24012
'I 2944 Orange Ave. NE
, Roanoke, V A 24012
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Cen~etary __ Roanoke, V A 240 1(,
[ Na~e of Property Owner
! Carson Hurley Enterprises
Charks L. MeGhee
Riehard 1. Joachim
F&S Building and
Remodeling Corp.
l\biling Address
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W, Room 456
Roanoke, Virginia 24011-153/i
Telephone: (S4Ü) 85:1-~541
F3X: (540) fi5.'-114.:'
[-m::.il: c]crk@rJ ronnoke.\'u.u::,
STEPHANIE 1\1. ~10()N. CMe
Deputy ell)' Clerk
:\lARY F. PAHKER. CMC
ell)' Ch:rk
SHElU r;. IHRHIAr>
A~!-iqant Cil)' 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 Arellano Orange, LLC, requesting Amendment of
Proffered Conditions in connection with the rezoning of property located on the
southeast side of Orange Avenue, N. E., approximately 150 feet north of its
intersection with Mecca Street, described as Lot 2A, containing 2.18 acres,
Tract 1, Official Tax No. 7090408.
SA'~JfJ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: The Honorable Mayor and Members of the Roanoke City Council
llijio Arellano, Owner, Arellano Orange, LLC, 1840 Sawmill Branch Road,
Salem, Virginia 24153
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 \("LlRK\[)AT A\CKEWJ\REZO~I:-':(j A~D STREET CLOSURPRtzonlnp - Strttl Alley ()(,IAreJlano Or.ll1se l.tC Vane) Land In\"CSUnenl i"O!Io.:OS doc
PETITION TO AMEND PROFFERED CONDITIONS
IN THE COUNCIL OF nlE CITY OF ROANOKE, VIRCìl:-.JIA
IN RE:
Amendment of Proffered Conditions 2.18 acre Tract I, Plat of Valley Land Investment
Co., \U3. I, Page] 15, Tax ¡'vlap 1'\0. 70<)0408.
TO THE HONORAßLE MA YOR AND
¡'vI EMBERS OF TIlE COUNCIL OF THE CITY OF ROANOKE:
By Ordinance No. 3461 U-O I 0400, at the request of Arellano Orange, LLC
(foIlnerly listed as Jesus Arellano). City Council rezoned the property identilÏed as Tax
Ivlap No. 7090408 from l.tvl to C-2 (Cunently CG), with proffered conditions. A map of
the property is attached hereto as Exhibit A.
The Petitioner. Arellano Orange, LLC, owns said land in the City of Roanoke and
requests that the conditions relating to said property be amended as hereinafter set out.
The Petitioner believes that the subject amendment ofprofTers 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 following proffers enacted by Ordinancc
'"'0. 346 I (J-(J I 040() be repealed:
I. Site will be developed in substantial conformity to plan by LA. Gates
Company dated October 7. 199<) currently indicated as Exhibit ß.
2. No outdoor advertising signs will be located on the property.
The Petitioner hereby requests that the following proffered conditions be
substituted and adopted for those existing proffers delineated above:
I. Site will be developed in substantial COnf0I111ity to phn by Providence
Engineering dated April 6, 2006 indicated as Exhibit C.
2. Signage shall be.in accordance with regulations contained within the City of
Roanoke Zoning Ordinance. No other outdoor advertising shall be located on the
property.
Attached as Exhibit D 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
roadlì'om the subject property.
'. '..' .y.;: I.;'.:' !.:' ':;~. :-0':'::'" .
WHEREFORE, thc Petitioner requcsts that the above-described amended prorrers
be approved as herein set out in accordanee witb the provisions orthe Zoning Ordinance
of the City or Roanoke.
Respeetrully submitted this (ith day of April. 200G.
Respectrully submitted.
ßY:~
Elijio Arellano
Owner
Elijio Arellano
Arellano Orange, LLC
1840 Sawmill ßranch Road
Salem. VA 24153
540-915-3926
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AREA MAP
MEXICAN RESTAURANT
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EXHIBIT C
AMMENDED DEVELOPMENT PLAN
MEXICAN RESTAURANT
ROANOKE CITY, VIRGINIA
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LIST OF AD.JOINING PROPERTY OWNERS - EXHIBIT D
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Oflieinl Tax No.1 Nnme of Property Owner
Street Address
--
7090406/ Carson Hurley Enterprises
2945 ()rangc A vc, J\E
70904011 Charlcs L. rVlcCìhcc
l\1cccn S1. J\ E
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70904071 Richnnl J, Joachim
2913 Oran~c Avc. NE ,
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7140104/ F&S Building and
e.-2944 Orangc A "e, NE Rcmodeling Corp. -
71301121 Beth Israel Congregation
Orange Ave. 1\:E Ccmctarv
Mailing Address
2945 Orangc Ave. NE
Roanoke, VA 24012
4127IVlot"kingbird Hill NE
Roanokc, VA 24012
29]3 Orange Ave. NE
I Roanokc, V A 24012
2944 Orange Ave. NE
Roanoke, V ^ 24012
920 Franklin Road SW
_, Roanokc, VA 24016
Zoning Amendment/Conditional Rezoning Filing Compliance
Statement
Petitioner:
!+r¿êLLfr1'Jù Ò~6~
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Date~Oro
CLC
Petition Includes:
~
3.
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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.
SC>0
Y)-¡ t1.-t-U1(Á /. 3Y:....t-<.A4~
Secretary, City Planning Commission
Fee Schedule
Rezoning to Residential Districts
RA, R·12, R-7, R-5, R-3, RM-I, RM-2. RMF
5600.... 525 per acre or any portion
Rezoning to Commercial Districts
eN, CG, CL5
S900 + $25 per acre or any portion
Rezoning to Industrial Districts '-1. 1-2
5900 + 525 per acre or dny portion
Rezoning to Special Purpose Districts
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
IPUD, Industrial PUD
51,000 + 525 per acre or any ponion
Rezoning to Overlay Districts
H·l. Historic Downtown
H-2. Neighborhood Historic
NO, Neighborhood Design
RCC, River and Creek Corridpr
C5, Comprehensive Sign
5250
Amendment to Proffered Conditions
5500
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
~L\RY I'. ''\RKER. n1C
CI;Y Clerk
215 Chun.:h Avenue. S.W.. Room 456
Roanoke. Virg.i..llia24011-1536
T~lf.·plhllle. r."·!fJ lj5:\-~)" '1
htx: 15-10\ f.,~)-1 ]-1-::;
l~-m:¡ii: cled: Cfl'.:i.f(l:Jn,)ke .\·a.ll~
STEPJlAKIE 1\1. MOOf'. C!\f('
D~pL1ty City Clerk
sm:II.'\ ~. liARD"'"
,A.~Si.:,r:lllt Cil) Clerk
August 1, 2006
File #79
The Honorable Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
The Honorable Evelyn W. Powers
City Treasurer
Roanoke, Virginia
Dear Ms. Powers and Mr. Holland:
I am attaching an executed copy of Ordinance No. 37487-071706 exempting
from real estate taxation certain property owned by the Western Virginia EMS
Council, Inc., located in the City of Roanoke, identified as Official Tax No.
6 J 40712, located at 1944 Peters Creek Road, N. W.
If you have questions, please feel free to call me.
With kindest regards, I am
Sn;y~ l jJ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc: Robert H. Logan, III, Ph D, Executive Director, Western Virginia Emergency
Medical Services Council, Inc., 3229 Brandon Avenue, S. W., Suite 7,
Roanoke, Virginia 24018-1547
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
L:\CI.ERK\D.<\T^\CKF\\'l\Tax Exempr,\Vcstern VA EMS appro\'al letter.doc
· ~-'..
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
'.
215 Church A\'enue. S.\\··.. Room 456
RIKUlOkL'. Virg.inia .:!4011· )36
H\RY r. PARKLR. ole
Cil~ Ck~1 k
Tl>k~lh"rll" ,:=..:o~ ~:::'.;.::"..:;
r a '.. I :'-'! II ~.~ .~- I j _::'
E 1',::,1: tied:!!'. (:.1 ";lllllkc \ ~Ll!~
STEPH:\~IJ.: ~\1. .\11 II I'. t"\h'
Utp~1;~ en:, <.ï'l'l
July 19, 2006
SIIEIL-\~. II.-\H."I";\I-\'
'\~~]'I:~rl1 ("il: (":1'1"
File #79
Robert H. Logan, III, Ph D., Executive Director
Western Virginia Emergency Medical Services Council, Inc.
3229 Brandon Avenue, S. W., Suite 7
Roanoke, Virginia 24018-1547
Dear Dr. Logan:
I am enclosing two certified copies of Ordinance No.3 7487-071706 exempting from
real estate taxation certain property located at 1944 Peters Creek Road, N. W.,
identified as Official Tax No. 6140712, owned by Western Virginia Emergency
Medical Services Council, Inc., an organization devoted exclusively to charitable or
benevolent purposes on a non-profit basis.
The above referenced measure will be in effect onJanuary 1,2007, if, by such time,
a copy, duly executed by an authorized Officer of the Applicant has been filed with
the City Clerk.
Ordinance No.3 7487-071706 was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, July 17, 2006.
Sincerely, . íJ
~~ v-¡ -9. ~~ kJ
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc: Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Jr., Budget Management Analyst, Office of Management and
Budget
L:\CLERKIDATA\CKEWliAGENDA CORRESPONDENCE'.agenda correspondence 06\Jul 06\July 17 06 corresp.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.\V.. R""m45ó
ROi.Ul()kc. Vìrgi~ia.24011.1536.
TdcphNlè:' .(~.. .o·) ·~5.1-2:'i·~ I.
I-':lx: (5-1.0) :-\:;~-1 IYi
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iJiJ JUL 2 6 2006 I !
, '
CJ
By.__
.\l:\R\' l-: Pr\N:KEU. Cl\IC
City Clerk
STEI'HAI\IE \1. '100:'ol. l'Ml'
)CJ1l1l)' City Clerk
July 19, 2006
SIlEJU :-i. 1l,\KTMAN
A..~i~lanl CilY Clerk
File #79
Robert H. Logan, III, Ph D., Executive Director
Western Virginia Emergency Medical Services Council, Inc.
3229 Brandon Avenue, S. W., Suite 7
Roanoke, Virginia 24018-1 S47
Dear Dr. Logan:
I am enclosing two certified copies of Ordinance No. 37487-071706 exempting from
reaJ estate taxation certain property located at 1944 Peters Creek Road, N. W.,
identified as Official Tax No. 6140712, owned by Western Virginia Emergency
Medical Services Council, Inc., an organization devoted exclusively to charitable or
benevolent purposes on a non-profit basis.
The above referenced measure will be in effect on January 1,2007, if, by such time,
a copy, duly executed by an authorized Officer of the Applicant has been filed with
the City Clerk.
Ordinance No.3 7487-071706 was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday,July 17, 2006.
Sincerely, ()
~ v-¡ 9. (ð..-
Mary F. Parker, CMC
City Clerk
t.~
-
MFP:ew
Enclosure
pc: Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Jr., Budget Management Analyst, Office of Management and
Budget
L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06IJul 06IJuly 17 06 corresp.doc
l\'i
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of July, 2006.
No. 37487-071706.
AN ORDINANCE exempting from real estate property taxation certain property located
in the City of Roanoke of Western Virginia Emcrgency Medical Services Council, Inc., an
organization devoted exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the sccond reading by title of this ordinance.
WHEREAS, Western Virginia Emcrgency Medical Services Council, Inc., (hereinafter
"the Applicant"), has petitioned this Council to exempt certain real property of the Applicant
from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; .
WHEREAS, a public hcaring at which all citizens had an opportunity to be heard with
respcct to the Applicant's petition was held by Council on July 17, 2006;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(J 950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map No. 6140712, commonly known as 1944 Petcrs Creek Road, N.W., (thc
"Property"), and owned by the Applicant, shall be used by the Applicant exclusively for
charitable or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%)
of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the
Property not exempt from such taxation, for so long as the Property is exempted from such
taxation;
K:\Mellsures\tôl.X exempl Western Virginia EMS Council 2006.doc
THEREFORE, BE IT ORDATh'ED by the Council of the City of Roanoke as follows:
1. Council classifies and designates Western Virginia Emergency Medical Services
Council, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of
Article X of the Constitution of Virginia, and hereby exempts from real estate taxation ccrtain
real estate, including the land and any building located thereon, identified by Roanoke City Tax
Map No. 6140712, commonly known as 1944 Peters Creek Road, N.W., and owned by the
Applicant, which property is used exclusively for charitable or benevolent purposes on a non-
profit basis; continuance of this exemption shall be contingent on the continued use of the
property in accordance with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke on or before October 5 of each year a service charge in an amount
equal to twenty (20%) pcrcent of the City of Roanoke's real estate tax levy which would be
applicable to the Property, were the Property not exempt from such taxation, for so long as the
Property is exempted fTom such taxation.
.3. This Ordinance shall be in full force and effect on January I, 2007, if by such
time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer
for purposcs of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Dr. Robert H. Logan, lll, Executive Director, Western Virginia Emergency
Medical Services Council, Inc.
K:\.r..1easures\l3X exempt Western Vir~inia EMS Counci12006.doc
5. Pursuant to Section 12 of the CÜy Charter, the second reading of this ordinance
by title is hereby dispensed with.
A1TÃ-í 9.P~
City Clerk.
ACCEPTED, AGIŒED TO AJ\'D EXECCTED hy Western Virginia Emergency Medical
Services Council, Inc., this 16 ~;y of ( J 7 ' 2006.
(SEAL)
.,","
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K:\rI.1c3:-.urCS\l:l.X exempl Western Virginia E.\1S Council2006.doc
By
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. TLlylor Municipal Building
215 Church ¡\\·cnue. S.W., Room 364
RlIanükc, Virginia 24011-1591
']\:-lL'ph\ll1l': (5·10) :-;5J-~JJJ
1=<1."': (S..W) ~~:1 11.1.'1
(ïty \\\·b: \\·\\"w.rtldlltlk\'\·,l.~;ll\·
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Subject: Tax Exemption Request
from Western Virginia
Emergency Medical
Services Council, Inc.
Dear Mayor Harris and Members of City Council:
Background:
The Western Virginia Emergency Medical Services Council, Inc. owns the
property known as Tax Map #614071 2, located at 1944 Peters Creek Road, NW,
Roanoke. The primary purpose of the Western Virginia Emergency Medical
Services Council, Inc is to coordinate emergency medical services within the
Council's 12 - County and 6 - City region as well as provide emergency medical
services education. Annual taxes due for Fiscal Year 2006-2007 on the parcel
noted above are $2,991.66 on an assessed value of $251 ,400.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non-profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, with an effective date
of January 1,2003. The Western Virginia Emergency Medical Services Council,
Inc. has provided the necessary information required prior to October 15, 2006,
the deadline for applications for exemptions that would take effect January 1,
2007.
According to the Office of the Commissioner of the Revenue, the loss of
revenue to the City will be $2,393.34 annually after a twenty percent service
Mayor Harris and Members of City Council
July 17, 2006
Page 2
charge is levied by the City in lieu of real estate taxes. This service charge will
be $598.32.
Commissioner of the Revenue, Sherman Holland, has determined the
organization is currently not exempt from paying real estate taxes on the
property known as Tax Map # 6140712 by classification or designation under
the Code of Virginia. The IRS recognizes it as a 501(c) 3 tax-exempt
organization.
Notification of a public hearing to be held July 17, 2006, was duly advertised in
the Roanoke Times.
Recommended Action:
Authorize the Western Virginia Emergency Medical Services Council, Inc.
exemption from real estate property taxation pursuant to Article X, Section 6 (a)
6 of the Constitution of Virginia, effective January 1, 2007, for the property
known as Tax Map #6140712, located at 1944 Peters Creek Road, NW,
Roanoke, if the organization agrees to pay the subject service charge by that
date.
Darlene L. Bu cham
City Manage
DLB/rbl
Attachment
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
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Director of Planning, Building, and Economic
Development
Susan S. Lower, Director of Real Estate Valuation
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
CM06-0123
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
9723153
NOTICEOFPUBLICHEARIN
\:
NOnCE OF \'
PUBLIC HEARING :
~ollce IS h(!rell~ gl~l'n thaI I
Ihe Clt~ Council 01 the Clly of I
Roanoke WIll huld a public ~
hearingal ils regular .
meelingto be held on July I
17,2006, commencing a.t
7:00 p.m.. in th~ Council \'
Chambers. 41h Floor, Noel C.
Taylor Municipal Building.
215 Church Avenue. S.W..
Roanoke. Virl:Wli.l on the
question 01 aduption 01 an¡
ordinance pursuanl to
§58.1-3651. Code of Virginia
(1950\, as amended.
Dpp,o~ing the request of \
\western Virginia Emergen~y
Medic,ll Services Council,
Inc.. tor designation of ilS
re¡llprO¡lerty.idenllflcdas
Officl,)1 Tax No. 6140712.
.and 10cDted at 1944 Peters
Crcch Road. N.W., 10 be
elempted from t<lx8tion.
The tot<ll assessed vDlueof
the i1PpllcDnt's real est<l~t!
for tall )"ear 2006/2007 IS \
S251.400.00, with a totDI
real est<llctax ?ssessment
of 52.991.66 for Ihe
12006:2007 tal year. Thc \
\IOSS 'of revenuc will be
$2,393.33 annuallx alle.r a
20~ service Ch,lrge IS levied
in Iiellof real eSl<lIetaxes. I
CitlzensshdllhavClthe
opportunity to be heard and
express their opinions on
thism<lUClr.
lfvol.Õ are <I ¡lersonw;th a
\di.S'lbillty who need.s
accommodationS for Ihls
publiC hearing. contact the~
. Cily Clerk'S Oltice,
1853-2541. by 12:00 noon on
T:,ursday, July 13. 2006. . \
GIVEN under my hand thiS
, 5th d.lY of July. 2006.
, M¡uvF. Parker, CilyClerk.
~ i97;3153)
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times. a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~' ia. Sworn and subscribed before me this
___ ___day of July 2006. Witness my hand and
OfV·l ~seal. r@f'L/'
___ ~_ _ _ _~tary Public
My fommis r!li es ~;11i.2O£i2___.
PUBLIseE~ ON, 07/07
'.
TOTAL COST,
FILED ON,
165.60
07/07/06
z~~~~~~::~~~~__________,
Billing Services Repres€ntative
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on July 17, 2006, commcncing at 7:00 p.m., in the Council
Chambers, 41h Floor, NOl'I C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia on thc question of adoption of an ordinancc pursuant to §58.1-3651, Code of Virginia
(1950), as amended, approving the request of Western Virginia Emergency Medical Services
Council, lne., for designation of its real properly, identified as Oftìeial Tax No. 6140712. and located
at 1944 Peters Creek Road, N.W., to be exempted from taxation.
The total assessed value of the applicant's real estate for tax year 2006/2007 is $251 ,400.00,
with a total real estate tax assessment ofS2,991.66 for the 2006/2007 tax year. The loss of revenue
will be 52,393.33 annually aller a 20'% service charge is levied in lieu of real estate taxes.
Citizens shall havc the opportunity to be heard and express their opinions 011 this matter.
If you arc a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Ortiee, 853-2541, by 12:00 noon on Thursday. July 13, 2006.
GlVE:-.J undcr my hand this 5th day of Julv
_, 2006.
Mary F. Parker, City Clerk.
K \'\IF.ASURI;S\I..\X l:XEMf'T PIIl\O 11("1'. WESTl.:Rf' \,JRlill\I,\ £:.\1$ C(J1j"õllL.DI)('
Notice to Publisher:
Publish in the Roanoke Times once on Friday, July 7,2006.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.w.. Room 456
Roanoke. Virginia 2401 1-1536
"h'h:plwne. {S·lOI85Y-2:"'41
Fin: (54ül 85~·ll"::;
E-milil: clerk@ci.r0~lllokc.\·a.us
STEI'HAi'õIE M. MOOi'õ. CMC
Deputy CilY Clerk
!\fARY F. PARKER. CMC
City Clerk
SHEILA K HARBIAN
A~~i~13Ilt Cit)' Clerk'
July 7, 2006
File #79
Robert H. Logan, III, Ph D., Executive Director
Western Virginia Emergency Medical Services Council, Inc.
3229 Brandon Avenue, S. W., Suite 7
Roanoke, Virginia 24018-1547
Dear Dr. Logan:
A public hearing has been advertised for Monday, July 17, 2006, at 7:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council Chamber,
Room 4S0, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with
regard to a petition submitted by Western Virginia EMS Council, Inc., a Virginia,
non-stock, not-for-profit corporation, requesting exemption from taxation of real
property located at 1944 Peters Creek Road, N. W., identified as Official Tax No.
6140712, pursuant to SeCtion 30-1 9.04(B), Code of Virginia (1 950), as amended.
It will be necessary for you, or your representative, to be present at the
July 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
s~~ l. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\CLERK\DA T A\CKEWI \Public Ilearings\PlIblic Hearings 2006\JUL 06\A.nomeys and Adjoining Property O\\'T1l.'TS July.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 19, 2006
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to
a new policy and procedure for processing requests from non-profit organizations
to have property exempted from taxation pursuant to Article X, Section 6(a)(6), of
the Constitution of Virginia, and repealing Resolution No. 36148-120202, adopted
by the Council on December 2, 2002.
I am attaching copy of a Revised Petition, which was filed in the City Clerk's Office
on June 19,2006, by the Western Virginia EMS Council, Inc., a Virginia, non-stock,
not-for-profit corporation, requesting exemption from taxation of real property
located at 1944 Peters Road, N. W., identified as Official Tax No. 6140712,
pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation
and recommendation to City Council will have an effective date of July 1 st.
Petitions forwarded by October 15th will have an effective date of January 1 st.
S7\Y~ j L
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\Ct.£RK\OAT ^ \cKEWl \Tax. Exempt\ W.c&1CIl1 VA EMS Council-tnc Revised Tax Exempt Pet.doc
Darlene L. Burcham
June 19, 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
The Honorable Sherman A. Holland, Cómm issioner of the Revenue
William M. Hackworth, City Attorney
Robert H. Logan, III, Ph D, Executive Director, Western Virginia Emergency
Medical Services Council, Inc., 3229 Brandon Avenue, S. W., Suite 7,
Roanoke, Virginia 24018-1 S47
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
L:\CL.HRK\DATA\CKEWI\Tax Exempt\Westem VA EMS Councillnc Revised Tax Exempt Pel-doc
J~ 16 2006 13:29 Western
06/¡61.i~ L2: 08 FAX 5~0 85J 2773
VIRGINIA:
V i. r.c: i .r:"1i a. . ~ M S
C IT\' OF ROANOKE
Coun
[5401
342-2744
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATlON OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE.
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COill."CIL OF THE CITY OF
ROANOKE:
I ~
\ i t': ~--
A i ......-.-
if'..) : I!
, I
p._ 2
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, ,
U/)<:e. ,
" /j ¡",-h.7- / ì"'I',,(~vu;" C] n~/ /..,..,.,,~ II
Yo~r ~e~ltlOner. :/l...~A.j¿t,1."L? .j): ~ ../.j,.{/c.;;....'1¿.Jf....cL (..4) i. -:." r...A){.{,,", j.Á.~j
a Virginia, ron-SIOC~, nol fo~~rofjt, cor-!,~rallon owns certain rea] pro~e,rty.
located at ! "ILlY Fë.u/L,1(/,£el;. k:il)llhe CIty of Roanoke. V'rglßla,
which property is City of Roanoke Tax Map ID IIbit-i¿;l/,?with a total
assessed value of$ 'J5i, i-f()t) and a total of$ A'I''f; ,(.c.0in real
property taxes that were paid or would have been pnid in Ihe most recent
year, desires LO be an organization designated pursuanlto the provisions of
Sec. 58.1-3651, ofthe Code of Virginia, as amended. in order that the
referenced real property, to be used exclusively for charitable and
.b~IJ:v~!.~r?l~..purp.o~~~ in /' ! ji (' _.
--HU¿ (,!:Ii , . "J!.o-" )<'114.- ¿- Á. ·:ã!.e-r.v}-,
(J. h.,......n)...I'r.... £1)lt;. >Lfl../') /~/i.! (j/¡11··/}jl~(f..t/j-/A,)¡;:'1'
...")..,,,-.., .. I' l " ,..,~-
C,.".-,. 13'~ .f'"')", -, ...... , j;....1,.f l,....~!.1 ~ .../¡ ,Yf.t...f....~,-...
. " ,.., ....,. .-~ ~/,... ..... , _.~......,::w... ,í'~t-I;.A".."
/....1'J.'iíi;...! -'),1 '"11&":<:. ¡;"){/f c.) 1. .(//t//;".(fs'''ib-.Al ~i"1,
(DÆ!SCI'žbr! p,tfp(Js~d U..f~ nluà/ rOfJC1'Y.lj" appllcabl,.) .
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long flS your Petitioner is operated
not for profit and the properly so cl<empted is uscd in accordance with the
purpose for which the Pelitioner is classified,
la.
(If requesting exemprlon t'or p....nnnl property, compl"'e seelion l.b)
Ib,
Your Petitioner, ...___ _
a Virginia, non-stock, not lor profit corporation owns cer-ain personal
property, located at in the City of ROMol,e,
Virginia, with a tolal assessed valuc of S and n tu\.1 of
$ in personal property taxes ¡h¡,t- were paid or would have been
paid in lhe mosL recent year, desires to be an organization designnted
pursuant to the provisions of Sec. 58.1-3651, of the Code ofVirginía, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolem purposes ;,,_
(De3crlbe proposed use ofpers(1n.al propeNy, Ij applicnbfr..)
be exempt from taxation under the provisions of Article X,'Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioncr agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20%) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your Petitioner, ifJocated ,,'ithin a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide infonnation to the Director ofReaJ Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
1.
(Q): Whether the organization is exempt from taxation
. pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) oflhe Internal Revenue
Codeofl954 on Öi-3/-7S- .
2.
(Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property. /}1
(A): ;¡ (..Iff'
3.
(Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): Îi~
2
- '
.-
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion ofthe service provided by
such organization is generated by funds received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in-kind
or other material services.
(A): 72if
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common .
good of the public in as much as it ('.LJ1f"ui¡/Y~ VìJ5
. ¡ _ _I.. ., .J (Desc!}be the public¡ervice)
O/J"cfl iJ1/51 /? /YM- t'iU.¿t' An .1m (?t~
fI /Y/r./J1.ú~ ,/¿Y? ~rn s, '
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public öffice.
(A):/'if .
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
convictiOI?{ace, color, sex or national origin.
(A): -L1~
8. (Q): Whether there is a significant revenue impact to the
locality an..d.~s ~ayers of exempting the property.
(A): "/f.AJ .
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance. 7Z
(A): . . ¡r
(Provide as necessary).
3
Note: A copy of this petition is being delivered this day to the.
City Manager of the City of Roanoke, Virginia.
THEREFORE, your Petitioner, (JJtJAhJr/(/ U.lAJ!;</rJÁ uYt!:, &...J(1t..&i tht.e. '
respectfully requests to the Council of the City of Ri:ianoke that this real or
personal property, or both, of your Petitioner be designated exempt from
. taxation so long as your petitioner is operated not for profit and the·
.' . D.-I'7-..L-l' propeJ1Y so exell},Pt is used for the parlicu]æ: purposes of pro vi din J4.'" .
~r<- .I'~ . VA <2-" '.. .. -. ~11r.x.-
;þ /d.-Ùnvri4J) (0,- . . i1 '. '¥-;. ~, . ~ - .
(Repeal proposed use ofp erry). .
Respectfully submitting this
Lday . 20~.
'1
By:
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 14, 2006
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and
procedure for processing requests from non-profit organizations to have property exempted
from taxation pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and
repealing Resolution No. 36148-120202, adopted by the Council ori December 2,2002.
I am attaching copy of a petition, which was filed in the City Clerk's Office on June 9, 2006,
by the Western Virginia EMS Council, Inc., a Virginia, non-stock, not-for-profit corporation,
requesting exemption from taxation of real property located at 1944 Peters Road, N. W.,
identified as Official Tax No. 6140712, pursuant to Section 30-19.04(B), Code of Virginia
(1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1 st Petitions forwarded
by October 15th will have an effective date of January 1 st
~'~ 9 p~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
L:\CLERK\DATA\CKEWl\Tax Excmpt\WCSlcm VA EMS Councillnc Tax Exemption Petition.doc
Darlene L. Burcham
June 14, 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
The Honorable Sherman A. Holland, Commissioner of the Revenue
William M. Hackworth, City Attorney
Robert H. Logan, III, Ph D, Executive Director, Western Virginia Emergency
Medical Services Council, Inc., 3229 Brandon Avenue, S. W., Suite 7,
Roanoke, Virginia 24018-1547
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
L:\CLERK\DATA\CKEWI\Tax E\empt\Westem VA EMS Council Inc Tax E.:..emption Petition.doc
COMMONWEAl.TH OF VIRGINIA
Cl>
OFFICIAL RECEIPT
ROANOKE CITY CIRCUIT COURT
DEEO RECEIPT
DATE: 06/01/06 TIME: 10:45:31 ACCOUNT: 770CLR06000B623 RECEIPT: 06000017100
CA5HIER: LGB REG: UC04 TYPE: OBS PAYMENT: FULL PAYMENT
IN5TRUMENT : 060008623 BOOK: PAGE: RECOROEO: 06/01/06 AT 10:45 I
GRANTOR: DIVER51VE5T LLC EI: N LOC: CI
GRANTEE: WE5TERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNC EX: N PCT: 100X
AND ADDRESS : 3229 BRANDON AVEoROANOKE VA 24016
RECEIVED OF: E W L ' DATE OF DEED: OS/22/06
CHECK: $1.418.67
DESCRIPTION I: PTN TRACT 6 51 NORWOOD PAGES: 3
2: NAMES: 0
CONSIDERATIO:¡: 320.000.00 A/VAL: .00 MAP: 6140712
PIN:
301 OEEDS 14.50 145 V5LF 1.50
039 DEEDS & CONTRACT5 800.00 03B DEED5 OF CONV. 160.00
214 CITY GRANTEE TAX 266.67 212 TRAN5FER FEE 1.00
2,0 GRANTOR TAX 160.00 106 TECHNOLOGY TRU5T FU 5.00
036 10.00 DEED PROCESSING FEE TENDERED: 1,418.67
AMOUNT PAID: 1;418.67
CHANGE AMT : .00
CLERK OF COURT: 8RENDA 5. HAMILTON
....!
DC-16 (1190)
,
Ob0008b23
PG 0 2 b 4 IN -I :g I
Consideration $320,000.00
Tax Map No: 6140712
THIS DEED, made and entered into this 22nd day of May, 2006, by and between
DIVERSIVEST, LLC, a Virginia limited liability company, party of the first part and
hereinafter referrcd to as the "Grantor"; and WESTERN VIRGINIA EMERGENCY
:\1EDlCAL SERVICES COllNCIL, INC., a Virginia corporation. whose mailing address is
3229 Brandon Avenue, Roanoke, V A 24018, party of tbe second part and hereinafìer referred to
as the "Grantee."
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum ofTEN DOLLARS ($10.00), cash
in hand paid, by the Grantee unto the Grantor, and other good and valuable consideration, the
reccipt of which is hereby acknowledged, the Grantor docs hereby GRANT, BARGAIN, SELL
and CONVEY, with GENERAL WARRANTY and MODERN ENGLISH COVENANTS OF
TITLE, unto WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COVl\'CIL,
1l\'C., a Virginia corporation, the Grantee, all the following-described parcel of land, togcthcr
with any improvcments thereon, lying and being in the City of Roanoke, State of Virginia, to-wit:
01'0''''10 W.lÞ,UTENSCt-iLAarR
....HORN¡:~..Tl...W
SAL[M. VIRGII.!I'" 1.1~3
SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREON
This conveyance is made subjcct to all casements, conditions, rcstrictions and
reservations of record now affccling said property.
Witness the following signature and seal.
" :. ~.:';_I:;<'.' <
PG 0 Z b 5 J" - I ~ '
D1VERSIVEST, LLC
A Virginia limited liability company
By: ¿~/~$
Stover L Dalton, Jr., Sóle Member
(SEAL)
J
The foregoing deed was acknowledged before me this óI;[ day of May, 2006, by
)
) to-wit:
)
ST A TE OF VIRGINIA
CITY OF SALEM
Stover L. Dalton, Jr., Sole Member of DlVERSIVEST. LLC. J.
Ð-ù/;t4.u.JJ ·nßú7J}<:J
Notary Public
My commission expires
5'/3//01
/ /
l:O........"D w l"'lITE:.~ SCHL"'GrR
ATTüHNEVATLAW
SALEU.'ilAGINIA2"~1
T:;,"¡2:·!· I,,·~)'.I':
PG 0 Z b b IN - I :g I
Exhibit A
All that certain tract or parcel of land. with all improvements thereon and
appurtenances thcreunto belonging, lying and being in the City of Roanoke. Virginia
and heing more particularly descrihed as BEGINNING at comer No.3 on the south
side of Northwood Drive according to thc Map of Section No. I of Norwood in Plat
Book 3, page 119. which Comer No.3 is is marked by an iron pin comcr at the
northeasterly comcr of adjoining Block 7. according to said Map of Section I of
Norwood; thencc with Northwood Drive, S. 87 deg. 42' E. 88.06 feet to a point;
thence S. 70 deg. 07' 24" E. 55.57 fcct to a point on the west sidc of the newly
established west side of Route No. 117; thence with the newly established west side of
Route No. 117 S. 2 deg. 20' W. 175.0 feet to a point on same; thence with a new line
through Tract "B" N. 87 deg. 42' W. 173.16 feel to comer 2 in the east fork of Peters
Creek; thence N. 11 deg. 50' E. 194.47 tèetto the place of BEGINNING and being the
northwesterly portion of Tract "B" according to the aforesaid Map of Section I of
Norwood of record in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Plat Book 3, page 119, and being more particularly shown on a plat of
survey dated February 9, 1961; and
BEING the same property conveyed to Diversivest, LLC by Deed of Gift dated the 5th
day of February, 2004 from Stover L. Dalton and Ruth Anne Dalton, husband and
wife, said deed of record in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia Instrument No. 040002059, at page 0035.
! n::;TF¿¡jr~:::hT 1f0t,ØOØ~3E.23
~::;::OFr~ED IN T~~ CLE~X"·S !:iFFICE OF
~:OAUOr<E C I i'j' ON
JUNE h 2006 ::;T if! :45AN
)WARO W LAUTEIIISCHL...CEA
ATTOIlN(VAT lÞ,W
SAL(M,V1RGINIA2c153
:!:32Ü .00 GP.::iNTOF.: T A;"~ lrJ~¡:; PA I D H::·
~~EGUI~:ED E\' :::EC 5:3.1-802 OF THE \iA. CODE
:::~Ç¡TE: $160.ÜØ LOCAL: $16Ø .øø
EREUm :::. HAt'1 I L TOr·~, CLERK
~ECORDED BY: LGB
:n::,s;"':'; !)~:::;¿:;
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHER:\1AN A. HOLLAND
Commissioner
,"
.,..,
.i
GREGORY S. ElI-lERSON
Chler Deputy
June 13,2006
Mr. Robert /-I. Logan 111, Ph D
Executive Director
Western Virginia Emergency Medical Services Council, Inc.
3229 Brandon Ave., Suite 7
Roanokc, VA 24018-1547
RE: Tax MapNo.6140712
1944 Pcters Creek Road, NW
Dear Mr. Logan;
The above parcel is currently bcing taxed by the City of Roanoke for real estate taxes for
the 2005-06 tax year.
In order to qualify for real estate tax exemption, Roanoke City Council must approve and
grant such tax exemption. Therefore, it is necessary for you to contact the City Clerks
Office at 853-2541 for information on the proper steps to follow.
ffyou have additional questions, please do not hesitate to call.
Sincerely,
-:;ø" /.~~,://
--~. ~¿~./--
Sherman A. Holland
Commissioner of the Revenue
cc: Mary Parker, City Clerk
SAH/jcc
215 Church Avenue SW. Room 251 * Roanoke. Virginia 24011
Phone (540) 853-2521 * Fax (540) 853-1115 * www.ci.manoke.<'a.us
)J,'f
~~
11\ TIlE COU\CIL OF TIlE CITY OF ROANOI'-E. VIRGI:--JIA
A!\ ORDINA'K'E authorizing th<: proper City ofticials to exeeut<: a <:ontraet to sdl to
ß1ue Ilills Village. LLc:. certain City o\\ned property loeawd in the Roanoke Centre' tllr Industry
and Teehnlllclgy (RUT) lo<:at<:d at the .inkrseetion or Orange A \'<:nu<:. I\L and Hlul' Hills Dri\'e.
I\E. and identitied as Tax Map No. 7160113. upon œrtain t<:rms and conditions: authorizing the
proper City of1ìeials to <:x<:eute a Deed or Releas<: that will rekas<: such prop<:rty lì'om the
Restrieti\'<: Co\'enants appli<:able to prop<:rty in RUT: authorizing th<: City Mang<:r to <:xeeute
such furth<:r do<:uments and take such further action as m~ty b<: necessary to a<:eomplish the
:lhll\'L' malleI'S: and disPl'nsing with the se<:ond reading by title orlhis Ordinan<:<:.
WHEREAS. the Council for the City of Roanoke.. a1ier prop<:r ad\'ertisement. hdd a
public hearing on the abo\'e matt<:rs un July 17. 2006. pursuant to S<:<:tions 15.2-18UO and 15.2-
1813. of th<: Clllk or Virginia ( 1950). as amended. at whid] hearing all parties and citizens were
atlÒrded an opportunity I() be h<:ard on the aho\'e matters.
TIIEREFORE. HE IT O/{[)AI"IED hy the ('<)uneil or the Cily ()f R()anoke as fullo\\s:
1. The Cit,· \·lanag.:-r and thc Cit\' Clerk arc alllhoriz.:-d ()n bdlalf or the Cit\' t()
....... .
cxecute and attest. resp.:-cti\dy. a wntr:Kt to sell t() Hluc Ilills Villag<:. r.r.c:. .:-erlain City owncd
property located in th<: RCIT at the inters.:-.:-ti()n ()rOrangl' A\'l'nu<:. NI'. and Illue Hills Dri\'e.
I\F. consisting or approximately 11.067 acres and idl'ntiti.:-d as Tax \1apl\o. 7160113. upon
cl'rtain krllls and conditions as set lì:>rth in the contra<:t attach<:d tll th<: City \1~lIlag<:r" s kll<:r to
this Council datcd .Iuly 17.2006. Such contract is to be subslamially similar to the one attached
to such letter. and in a Conn appro \Cd by the City Attorney.
L ':\TTURI\I:'dJXLYl'l. \'Tl\\IJ:..\Sl iIH:'\"< IRDII\..\\"l:E!--'S:lk to BlUt' hils \'ill;'¡~è f 717tl(..Ju.:
')
Thc' City Manager and th~ City Ckrk ar~ authllriz~el on hehalforthe City to
executc' anel allest. r~spc'cti\'dy. a [k~el of R~kas~ releasing only the ahO\·~- mention~d property
identiti~el as Tax Map Nu. 71611113 rrom the R~stricti\'e Cov~nants applicahk to the prop~rty
Ill~alèd in th~ RCIT one~ th~ approvals n~eded fÒr such a releas~ hav~ been ohtained. Such
[kc'd of Rcleas~ is to be in a IlJrln approv~d by the City Attorney.
3. Th~ City Manager is further authllrized to execut~ su~h further documcnts.
induding a [)e~d of Conveyance'. and take such further action as may be necessary to ac~omplish
lh~ abov~ matkrs and compkk th~ sale of the abuve-mention~d property to Blu~ Hills Village,
LLC with th~ form of such do~ul1l~nts to be appro\'ed by th~ City Attorney.
4. Pursuant to th~ provisions of S~ction 11 of th~ City Chart~r. th~ second r~ading or
this Ordinance hy titk is hereby dispCIIs~d with.
ATTEST:
City Clerk.
J :\.YITc ¡R\"]".Y\I ).YLÜ"] vrl \~l¡::\Sl.lRrS\{.IRDI\!~Nl·r:S\S:lh: hI 1~lu~ Ilills \'III;\~l: (¡f17(lfl <Ill;;
')
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
~ot"'1 c. Tayllll" 1\1unicipal Building
21S Church Avcnuc, S.\V.. Room 36~
l{lldnnkc, Virginia 24-011-1391
T~'ll'plw[1l': (5·II)l."';.1-~.\'.'
L\.\: (5'"10) ~'-il-ll.'S
("itv \\'d~. \\"\\"\\".r\'illll,kl'\",l.¡":ll\"
July 1 7, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Sale of City Owned Property and
Release of Restrictive Covenants
Background:
The City of Roanoke owns property known as Tract 12, located at the entrance
of the Roanoke Centre for Industry and Technology (RClT). The property is an
11.067 acre parcel located at the intersection of Orange Avenue, NE, and Blue
Hills Drive, NE, identified as Tax Map No. 7160113.
A prospective buyer has submitted a concept plan for a proposed commercial
development of the property which provides for retail, restaurant, hotel, office,
day care, and other commercial uses. The prospective buyer is an entity named
Blue Hills Village, LLC. The City desires to sell the property for $1 50,000 per
acre, subject to the buyer developing the property in substantial conformity
with the concept plan. City staff has negotiated a contract of sale with such
buyer that provides for the buyer to comply with obligations concerning the
development of the property. A copy of such contract is attached to this letter
as Attachment A.
To permit the proposed development to occur, the property must be released
from the restrictive covenants that are applicable to the property at RClT. The
covenants provide that they can be released if the owners or lessees, other than
the City, of more than fifty percent, in area, of the total property that comprises
RClT, consent to such release.
Honorable Mayor and Members of Council
July 17, 2006
Page 2
Considerations:
The concept plan proposes development which is consistent with Vision 200/-
2020 and the Hol/ins/Wi/dwood Area Plan. Commercial development on this
site at the entrance to RClT will complement industrial development by
providing accessible goods and services near this major employment center.
The proposed development is consistent with the current zoning of the
property, which is CG, Commercial-General District (conditional).
The restrictive covenants on the subject property need to be released in order
for the prospective buyer to develop the property. The covenants were
designed to guide the development of large-scale industrial sites and do not
accommodate the type of commercial development being considered for Tract
12. Staff is working with the land owners in RClT to obtain their consent to
release the covenants as to Tract 12.
A public hearing is required to consider the sale of the property and to
authorize execution of a deed of release releasing the property from the
restrictive covenants.
Recommended Action:
Authorize the City Manager to execute a contract for the sale of the property
substantially similar to the one attached to this letter.
Authorize the City Manager to execute a Deed of Release that will release the
property, Tax Map No. 7160113, from the restrictive covenants applicable to
RClT, once the approvals needed for such a release have been obtained.
Authorize the City Manager to execute such further documents and take such
further action as may be necessary to accomplish the above matters and to
complete the sale of the above-mentioned property to Blue Hills Village, LLC.
The form of all such documents is to be approved by the City Attorney.
Respectfully su
ch&~
Darlene L. B rcham
City Manager
DLB:cc
Honorable Mayor and Members of Council
July 17, 2006
Page 3
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Director of Planning Building and Economic
Development
CM06-00128
DRAFT 07-11-06
COI\TRACT FOR PbRCIIAS¡'; AI\U SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contr~ct) is dat~d
2006. hy and beh\'een the City of Roanoke. Virginia. a Virginia municipal corp~m.ltilln (Seller),
and Bille Hills Village. LLC, a Virginia limited liahilit} company (AlIy\"'r).
WIDlESSETH:
\VIIEREAS. Seller is desirous of selling cCI1aln property and Buyer is desirous of
al'L\uiring such properly upon the terms and conditions set forth below; and
WIIEREAS. l3u)'er will construct 011 slIch properly lucatt:d at the entrance of the
Roanoke Centre for Industry and Technology (RCIT) in the City of Roanoke a subdivision
allowing fur sc:paratc ownership and development of the several 1\)lS or siles afkr initial
development by Buyer ur sCl11i·íinishcd pads. or sites. with roadways. utiliLit:'s ilnd other
infrastructure. e:...c1usive ofhuildings. in place.
NO\V, THEREFORE. for and in consideration of the mutual covenants and conditions
herein set forth. and other good and valuable consideration. the receipt and sutliciency of which
is acknowledged by lhe parties hereto. Seller and Buyer hereby agree as t()lIows:
SECTION J. )EFlNITIOI\S.
Unless the context otherwise specities or requires. for the purpose of this Contract, the 1i.ll1\)wing
h.'rms shall havt:' (he meanings set fonh in this Section:
Closint!: Tht' consummation of this Contract hy Seller's delivery or il Deed to the Properly tl)
13uyer.
Closinl! Ilntc: The date provide:d for in Section 14 hereof for the Closing.
Contcmnlatcd (Jsc: The development of the Property by the Buyer or its successors according
to the Rlue Hills Village (\mcept Plan dated ~Iarch 1.\ ~OO(Í. which is attached hereto and made
a pan hereof a~ Exhihit I.
Imnro\'cmcnts: Any and all improvements. and all appurh..'nanccs thcreto. located on the
Property at the time of Closing.
Proncrtv: The renl property located at the entrance of RCIT in the City of Roanoke. Virginia,
designated as Tract 12. hearing Oflicial Tax Map No. 7IÚOll.ì. and cl)ntaining approximately
11.0677 a¡;rt's and being designated on the attached drawing. ''''hich is made a part hl'reof and
marked as Exhibit:2. Su¡;h re~ll property is located at the interscl·tion of Orange AVl.:'nue nnd
Aim.' Hills Orin.'.
ItestrÎrtive Covenants: Those restrictiv.¿: cÜ\'l':nants set forth in two needs of Restriction. one
titled "Deed of Restriction - Roanoke Centre Fur Industry and Technology" dated December 6.
1983. and rccordcd ill DL:L:d 1300k 1495. page 1797. and (he se:l.:\lnd title:d "Deed of Rt:'strÌL"tion
Addition to R\)anokc Centr~ for Industry and Technology" dnted April ~. C)9~. and recorded in
Deed Book 1656. page 00869, ill the Clerk's Olliee of the Circuit Court lor the City <,I' Roanoke.
Virginia.
Tille Commilment: A commitment for title insurance: in Illvor of 13uyer for lht:' Property to he
issued by a Title Company.
Title Comnan\': l\ny nationally recogniz~d title insurance eumpany acceptable to Buyer.
Survey: A current. certitied plat of survey ufthc Property showing all I..:'xisring conslruction,:l1J
bound:lry lines. easements. sl,t-back requiremenls. parking areas. encr<.nldllTIenls. the RelT sign.
and sllch other conditions as; might be expected tu bl..' shown 011 a plat prepared by a professional
certi1ìed engineer for lender appro\'al.
S¡';CTIO-'; 2. I'lIRCHAS¡'; Al'o"[) SALE OF l'I{OI'ERT\'.
A. Selkr agrees to sell the Property to Buyer. and Buyer agrees to purchase the Property
from Seller. upon all thl..:' tenns. covenants. and conditions set forth in this Cuntract.
ß. Thl.:' purchase pril'C lì..lT the Property (Purchase Price) shall be One Hundrt:d Filly
Thousand and noi I 00 Dollars ($ 150,OOIU)0) per acre and a proportionate part orthat
amount for any fraction of an acre fur a lOlal Purchase Price of $1.660.155.00 or sllch
greater or lesser amount as may be inaeased or decreased by any change in the
acreage of the Property. payable in cash or cerlilicd check from Buyer tu Seller al
Closing.
SECTION 3. EAlt'/EST MmŒ\' IJEI'OSIT.
Ruyer. conl'urrently with its execution of this Contal·t. has dt'posited with Sdler a Twenty-fi\'c
Thousand Dollar and iloilO!) (S:5.000.00) el,rtifled check payable to the Seller as all earnest
Illl)ney deposit (f)ep\)sit). On the Closing Date. this check shall hI::' cashed by Seller and applied
againsl the Purchase Price for the Property. In lhe e\'ent Closing occurs or the Seller is entitled
pursuant to this Contract to retain the D~posit or a part thereof. Seller shall be entitled to cash
this check and retain the money due Seller. In the event Buyer is entitled to a refund of the
Deposit or a part of the Deposit. Seller shall promptly either return the certilied check to the
Buyer or cash such check and rdurn only sllch percentagl' of the money as the Bu)'er may be
entitled lu under the Contract. Seller hereby agrees 10 hold. ket:p. cash. or deliver the- Deposit in
accurdance with the tcrms and pro\'isions uf lhis Contract. Such Deposit is nonr~fundable except
only for thuse spt'cific items llthcrwist: sel forth in this Contrad.
SECTlO;'; 4. CO~IJITIONS Hll{ COMPLETION OF COl'o"TRACT.
/\. As a condition precedent to Buyers ohligiJtion to purchase the Property or otherwise
to perform any ohligation pruvided for in this Contract. the Seller, as of the Closing
shall ha\'e complied with the Seller's represenli.ttiolls and warranties in Section 13 of
this Contract, and the flllfillmcnt to the:: Ruyers reasonable satisfaction of tile Sclk'rs
deli\'ery to l3uycr on the Closing Date of title to the Property and \llher documents as
presnibeJ in Section 14(D). As a condition preœdcnt to Seller's obligation to sell
the Property or otherwise perform any obligation provided for in this Contract. the
Buyer. as of the Closing. shall have complied with the Ruyer's represenlations and
warranties in this Contract.
B. As a ~nllditioll pret.:I..'dcnt to Buy~r's ohligati\)n to purchase the Property. the Buyer
and Seller agree to t.:oupt.:-Tale and lIse reasonahle etlorts to remo\'e andíur rell.:'ase the
Rcslriclive Covenants currently applit.:ahle h) lht' Property. Ilowcvcr. if such
Restrictive Covenants arc not removed ilndíor released from the Property hy the
:
c.
Closing Date, the ßuycr. al its option. may c1cël not to purchase the Pmpcrty by
giving the Seller \\Titten notice of such election <lnd this COnlraL't will then he deemed
to be terminated and Seller shall f<.'turn seventy-tive (75) penx'lll or the DepŒiit to
Buyer. with the Seller retaining the other twt'nty-lìvc (25) percent of the DL'posit tu
help cover Seller's costs and elTorts for tying ill Tt:'1ll0Ve nndior release such
Restrictive Covenants.
)3uycr and/or Seller may. 31 any t¡mt: on or before tht, Closing Date. at its election.
;;ã;~/e ~my ot~'ii}c-cõndjtions prl·~c(IL:jiiJn· this Section 4iri'~~'¡'itii~g':',i;~d "Buyer's and
Sellc-c's consummation of the Tmnsaction 011 lhe Closing Oat!.: shall waive all such
conditions precedent.
D. In the event Cll)sing has not occurred through no fault of thl..' Seller on or before 45
days aner the date of this Contract. the Seller. at its elel·tion, hy written notice given
to the Buyer, may terminate this Contract. Such written notice shall give Buyer ten
(10) days from the date of such notice in which to d~liver the Purchase Price and
proceed wilh Closing. If Closing has Ihlt occurn.:d \",·¡thin lhat ten (IV) day period
through no fault of the Seller. this Contrnct shall automatil:ally he terminated without
further ;.tl:tion. In the event of sUl:h termination. the Seller shall retain the full amount
of the Dl.:'posit and this Contract shall be deemed terminated and of no further force
and elket.
E. Buyer shall have unlil thirty (30) days atler tht:' dale of this Contract to complete its
due diligt:'nce review of the Property (Due I)iligenee Period) and determine if tht're
are any environmental. geotechnical. or titlt: problems with the Property that would
prevent the use of the Propl'rty, Should Buyer reasonably dc.:termine during such Dut:'
Diligence Period that the Property l:annot be used by the Ruyer due to environmental
or title problems, the Buyer shall notify the Seller in writing as soon as possible. but
in no event not later than 5 calendar days after the end of such Out:' Dilig~nl:e P~riod,
of 13uyer"s decision to terminate the Contract for sUl:h reason. In such case, the Seller
shall refund the Deposit and this Contract shall thereupon bl' terminated and or n\)
tlmhcr fOfl...'e and eJlect. Ilowe\'l'r. should Buyer fail to notifY Sclkr as set forth
above, then the Deposit shall remain nonrelùndable.
F. In connection with the Ruyer's ahility to conduct its due diligt:n(;e review mentioneJ
above, lhe Seller hereby grants to Ruyer. its otlicers. agents. c.:mployces. contractors,
sllhcontractors, liœnsees, designees. reprl'sentati\'es anJ (;onsultams, a revocahle right
to enter upon the Property at any time during the due diligence period. upon two (2)
working days prior written notice to the Seller. in order to survey, make test borings,
and carry out SUdl Lllht'r examinations, exploratory \l¡"ork, or le.slings as may be
neL'L'ssary lo complete a Phase I and Phase II Environmental Assessments, or
geotcdmical assessments. of the Property upon the fl)lIowing terms and conditions:
I. If the ßuyer exceeds its rights grantt'd under this Se~tion or fails to obtain and
maintain the insurance required by this SL'ctinn 4. the Seller may immediately
revoke this right of entry.
,
l3l1yer agrcL's to bl' r~sponsible for any and all damages resulting from the
activity l\r ;.Il:tivities of Buyer. its officers. agents. employees, contractors.
;1
]
,_.~~~~-~-'
subcúntral:tors. licensees. desigllees. n:pi'\.'sc..'m.ttives and consultants, on tIn.'
Property in the cxcrdse of the rights granted under this Section 4. Ruycr
shall, at its sole cost, promptly and fully restore any. land disturbcd by the
l..'xerdse of the rights under this Section 4 to a condition equal to that existing
immediately prior to entry on the Property.
~'. ßuy<.'r agrees and binds itself and its succeSSllr<:i and assigns to indemnify,
keep and holJ the Seller and its ollkers. ngents, employees. volunteers. and
repres<.'ntatives free and harmless from any and all liability. claims, causes of
action. C~)sts and damages of any type. including <tHomey's fees. on account of
any injury or damage of any type to any person or property growing out of or
directly or indirectly resulting from any act or omission of Buyer including.
bul not limited to. Buyer's use of the Property in violation of the provision of
this Contract or the excrcise of any right or privilege grant<.'J by or under this
S<"ClÎl\l1 -t. In the event that any suit or proceeding shall be hrought against the
Seller or any ~)f its otliccrs, employees. agents. volunteers, or representatives.
at law or in equity, either indepcndently or jointly with 13uyer. its otlicers.
agents. employees. l.:ontrilctors. subcontractors. liœnst:t:s. designees.
representatives and consultants. on <I(;(;ount thereot: 13uyer. upon nutil:C given
to it hy the Seller ~)r any of its otÌÌcers. employees. agents. volunteers or
representatives will pay all costs of defending the Sdler or any of its otlicers.
l:mployees. agents. volunteers or representatives in any such action or other
proceeding. In tht:: event of nny sl..'ttJellll:nt Or any tinal judgment being
awardl:d again~t the Seller or any l)lïts officers. employces, agents. volunteers
or representatives. either independently or jointly with Buyer, its otliccrs,
agents. c..'mployc..'es. contractors. suÞcontractors. licensees. designt'cs.
rl:presemativcs and consultants. then Buyer will pay sllch settlemcnt or
judgment in full or will comply with such order or dccret::. pay all costs and
expenses of whatsoever nature. including attorney's fees. and hold the St'iler
IJr any of its officcrs, t:mployccs. agents, vol un leers or representatives
harmless therefrom.
-t. Buyer shall. at its sole expense. ohtain and maintain. or have its contractors or
representatives obtain and maintain, lhe insurance set torth below. Any
requin:d insurance shall be etlèctiv~ pri~)r to the beginning of nny work or
oLher performance by Sclh:'r under Section 4. The following polh:ics and
cllveragt's are required:
(i) Conl11!~.r:çial General Liabilitv. Commercial General Liability
insurnnce, wriUl'n on an (lCl:urrence basis. shall insure against all
claims. loss. cnst, damage. expense ur liability frol11 loss of life or
damage l)r injury to persons or property arising oull)f Buycr's acts or
omissions. Tht: minimum I¡mils (If liability for this cO\'er~lgc sh~11I he
$1.000.000 combined single limit ror anyone occurrence.
(ii) Contractual I:!ªhi1itv. ßroad form Contractual Liability insllTance
shall include the indemnification obligation SL't t<H1h ahovc.
~
(iii) \Vorkcrs' (\\ 11J')eJI~a~i()n. Workers' Compl..'ns~ltilln insurance;: covt:ring
Buyer's statutory obligation under the laws of the Commonwealth
of Virginia and F.mployer's Liability insurance shall be maintained
for all its employees l.'ngag.ed in wl.lrk under this Section 4.
Minimum limits of liability for Employer's I.iabilily shall be
$100.000 bodily injury by accident each occurrence; $500.000
bl.ldily injury by disease (policy limit): and S I 00.000 bodily injury
hy disease (each employee). With respect to \Vorkers' Compensation
coverage. Buyer's insurance company shall waive rights of
supmgation against the Seller. its oflìcers. t:mployees. agents.
volunteers and representati\'l:s.
(iv) Automobile l.ia~jJjts. The minimum limil of liability for Automobile
Liability Insurance shall he S I ,000.000 combined single;:' limit
applicable to owned or non-owned vehicles used in the performance
of any work under this Section 4 and shall be writtt..'n on an
occurn.'nce basis.
5. The insurancc covt:rages and amounts set forth above may be mel by an
umhrella liability policy rollowing the form of the underlying primary
coverage in a minimum amount of $1.000.000. Should an umbrella
Iiahility insuram:c coverage policy be used. such l'overagc shall be
accl.\Inpanied hy a certiticate of cndorscment stating that it appl ies to the
sp....citìc policy numhers indicated for the insurance pmviding the
l.'l.werages required by this section, and it is further agreed that such
statement shall be;: made a part of the certiticate of insurance rurnished hy
Buyer to the Seller.
6. All insurance shall also mect the I()flowing requirements:
(i) ßuyer shall rurnish the Seller a certificate or certificates of
insurance showing the typc. amount. cffective dates and date or
expiration of the policies. Certiticates ofinsurancc shall im:lude
any insuran..::e dcductihles.
(ii) The required certiticat<.· or ccrlilìlï.ttt:'s of illsuran..::e shall indude
suhstantially the l'ÖlIowing statement: liThe insurancc cO\'l·r....d by
this certificate shull not be cancded or materÎ311y altered. excepl
aner thirty (30) days written notice has been provid....d to thc Risk
Management GUicer for the City of Rl\U1Wke."
(iii) The required certificat.... or certificates l.\f insurance shall name the
Cily of Roanoke. its officers. employees. agents. volunteers. and
representatives as additional insureds.
(iv) \\'here \\'ai\'er ofsubrogmion is required with respect to any polky
ù/ïnsurance required under rhis Section 4. !'ouch waiver shall be
specified on the certificate of insurance.
5
(v) Insuran~e ~overagc shall hl' in a forll1 ~Ild with an insurance
company approved tht' Seller whi~h approval shall not be
unreasonably withheld. Any insunml'l' ~ompany providing
~overagc lIndt."r par~graph 6 sh;:dl bl' aulh\)rized to do business in
thc Commonwealth llf Virgini~.
G. Upon the n:.X lIt..'Sl of Seller, ßuycr. its 0flìeers, ~gcnts. cmpluyt,cs. contractors.
suhcontractors. licensees, designees, representatives and c0flsultants. .shall within a
reast\l1able period of lime alter receipt of any preliminary or tinal test results ur
conclusory rcports and opinion stalements, deliver copies uf same to St'lIer. If Seller
so requests. Buyer shall also turn over copies orraw d~ta obtilint:d and any laboratory
and observation reports llr analyses, Such copics of all the a!:love shall be provided to
Seller \,,·ithoul charge.
II. Rllyer. its oflkcrs. agents, employt'Cs. eOJltractors. suhcontractors, Jiccnsc:cs,
designet's. representatives and consultnnts, sh~1I nt all times comply with all
applicnblc fcdcral. state. nnd loenl laws, nlles. and regulntions. ßU)'cr, its olÌÌcers,
agents. employees. contractors. subcontractors. licensees, dcsignces. representatives
and l.:flllsllltams. priL'r to exer~ising nn)' rights undc:r Secti\)n -I-. shall obtnin. nt their
C\1st, nil)' and all required permits andior licenses for nny such work.
SECTION 5. RlIYER'S AND SELLER'S 011 LIGATIONS.
A. Seller agrt'cs that it will do the follo\ving:
I. Sl'Ilcr agrees to sell to Buyer tlK' real property located in RCIT in the City of
Roanoke, Virginia. designated as Tract 12, bc:aring Official Tax r\1ap ~o.
7160113, nnd containing approximately 11.0677 acres and bl.:'ing designaled in
Exhibit 2, t<Jr the Purchase Price ofSI50.000.00 per aae and a proportionate
parl of that amount t'()r any fraction of an acre for a total Purchase Price of
S 1,660.155.00 or ,uch greater or lesser amount as mny he incrensed or
decreased by any change in the aaeage of the Property.
2. Seller will deliver to thc RlIycr a dct'd at closing in accordancc with thc terms
of this Contra~t.
3. Sc:IIl.:'r will use rensonable efforts, in cl'operalion wilh the 13uyer's reasonnble
c:lli.)Tts. to remove and/or release the Pmperty fmlll the Rcstricth:c Covcnants
which ~urrently apply to the Pmperty.
B. Ullycr agrl'cs and pn)mises that it will do tht, <JlIowing:
I. l311yer will purcha':ie the Pmperty fmm the Seller tor the Purdlase Price of
S 150,000.00 per acr" and a pmp\)rlionate part of that amount tor allY fraction
of an aLTC for a total Purchase Pri~e ors 1.660,155.00 or such greater or lesser
amount as may be incr~ased or I.Jt:aeased hy any chi:lIlge in the acreage of the
(,
Property and \...·iIl make payment in .u.:cnrdance with the terms of this
Contract.
o
Buyer will cooperate with Seller ill Sellers l'fflms tü remove and release the
Property from the Restricti\'e Con::mmts mentioned ahove.
.'.
Buyer agrees that the Seller may reserve to itself a pt..'rmanent easement o\'er
the Property andior the Buyer will grant to the Seller a permanent casement
and/or right of the Seller to construct. movt', and/or maintain a monument
andíor sign of it size and appearance equivalent to the sign that is now in the
general location of the entrance to RCIT !;o that such sign will be in the same
general llH.:ation for the purpose of iùentirying the entrance for the Roanoke
Centre for Industry and Technt1logy. Notwithstanding the foregoing. the
width or the easement pm\'Ïding rt)r the existing sign or other sign to he
constructed on the Property shall not exceed 20 rt'et in width around the entire
sign in addition to tht: area occupied by the sign ¡tsell: together with the
easement tor ingress and egress which shall not exceed 20 feet in width and
will be shown on the Sur\'(.·y. Any replacement sign or monument construt::ted
by Seller on the Property must he located within to feet of the existing sign on
thc Property. all of which shall be reflected on the Survey. The Buyer and
Sdler agree that the sign will be situated and lettered in a way that it..h:'ntilìt:'s
Blue I-Iills Drive. l\E. as the entrance to RCIT without indicating that the
Property that the Buyer is buying is part of RelT. Furthermore. the Buyer
agrees that tht' pro\'ision of any such l,.'asC'Il1cnt or right to the Seller shall be at
no cost to the Seller. pro\'ided. however. that the cost of moving and/or
erecting and/or maintaining any such monument or sign ·shall be sole t::ost of
the Seller and not the Ruyer. Any such right includes that right or egress and
ingress rt1T the Seller to maintain. mlWt'. and/t1T replace any such monument or
sign. all at no cost to the Seller for any such right of ingrcss or egress,
4.
The Buyer agrees to develop the Property in a timely manner and in
suhst,llltial contormily wilh ¡he Blue lIills Village C\)flt.:ept Plan dated March
13. 2006. attached hereto as Exhibit 1. Substantial conformity shall mean that
the buildings actually built 011 each lot must be used ft)r the purposes
identilìed on such Plan (i.e.. a hotel must be built on the lot where the hotel is
shown on such Plan. t'tt;_) However. the size and the placement of buildings on
each lot may be changed at the Buyer's or subsequent grantee's or lessee's
reasonable discrctÎLlIl, bllt any such changes must he within the limits allowed
hy and he subject to all applicable la\\"s. local codes. and ordinances. For
di.lrilìt.:ation purposes. Slh...h dl:\'dopmt:nt oCthe Property does not include lot I
shown on the Blue I Ii lis Village Concept Plan ¡hat is located in Roanoke
County.
5.
Buyer agrees to develop any abo\'t:gn.lUnd ~{(lnnwater management facilities
that it may be required to provide l\r that it Illay elet::t to provide and if any
part of such a tàdlity is 101,.·;;)tcd within 150 reet of a puhlic right-of-way such
thcility will be de\'eloped in a manner that docs not detract from the
7
a 1pearance or the entrance to RelT and Ilhìre spccitkalJy to include, bul not
ne;:cessarily be limited to the following:
(a) Such stormwatcr facilities will not use riprap l\r other stone for
permanent slope stabilization. I (owc\'cr, such materials shall be lIsed
fi.\r ~rosion sediment t.."ontrol purposes during tht..' l."l\flstruction or Sudl
t111.."iliti~s.
(b) Stich stormwater management facilities will be designed so a...c;¡ not to
require p(:rmanent fencing around such storm water facilities.
(e) Such stonnwater management fal'iliti~s will ne tlilly landscaped with
grass and other appropriaÍt' plant material which shall be maintained in
a neat appearance by the Buyer or those who may purchasc from the
BtlYl'r. or be designed as wet dctention basins.
(d) Tht' slope of any stormwater management facilities basin walls shall
not eXt..'ced .3: I.
(e) Such stormwater management facilities standpipes, whl.:'re provided,
shall be within the emhankments and not ablweground.
6. Buyer agrees to have a Survey of the Property perrormed at Buyer's sole cost
and shall provide Seller. at no charge, with a copy of such Survey within 5
business days aller completion of stich Survey,
C. UU)'I..'r agrees and shall install stred trees along hoth sides of the public street that will be
lkvdoped within the Cily or Roanoke. Th~ specil.'s and types of trees shall he selected
from the list of mcdium tt..l large: street trees in the VDOT apprlwed design manual.
Appendix ll. Subdivisi\)n for Street Design Guidl' and shall be subject to approval by the
City of Roanoke's Public Works Director and there shall be a minimum of 50 feet
spacing for any such trees.
D.
Buyer agrees to place in the deeds and Cl\l1tracts \lr any entities to which Buyer sells or
transfers any part or all or the Property that such entities are hound by and subject to the
conditions set forth in this Contract and that the conditions and obligations of this
Contract will survive the Closing and execution of the de~d f\lr the Property, the intent
being that the Seller shall be namt..'d by the Buyer as n third pîJrty beneficiary in all such
contracts and deeds and shall be able to enforce the ohligîJtions of the Buyer set forth in
this çontmct on the Buyer or any of the BUYl'r's sur.purchasers andíor grantees until the
initial de\'c1opmt..'nt of each lot and the building thereon in accordance with the Blue.: Hills
Village Concept Plan has been completed as set forth herein. Completion of such initial
devdopnH;~nt of t.'lH.:h '(It will he dccmed t\) h.1\'\.' oc~urrcd when a perm:mC'nt L'C'I1iJicatC' of
occupancy ~I~lr the lot and building the~I7~I~)~~I.~ .~~~.I~ )~~.~I~~_ ~~I_l.~. ~.~~.I~. !~~~ .~~~~~..~~!~~_i_l~g is in .
acclmlance with the ßlue I (ills Villnge Concept Plan. When such pcrmallt'nt ccrtiti~·,;tc--
of occupancy has bCl.'n issued as set forth ahove, the obligations under this Contract of the
then current owner of the lot to whkh the certilicate applie~ shall he deemed to have heen
satisfied 35 to the Seller and no rutur~ inclusion of the obligations of this Contract to that
8
,
i Comment:
-:=-I
specific lot needs to be included in future transf~'rs () " sLÍch lot. Ilowever. the obligations
undcr this Contract .shall continue as to ílny l)tht, " lots andíor parts of the Property that do
not m~'et the conditions set forth above.
E. Tht' Auyer agrees that the conditions and obligations of the Buyer under this Contract arC'
~onditions and ohligations that will he incorporated either dirœtly or by reference in nny
deed to the Property from tht' Seller h) the l3uyer and will survive Closing.
SECTION 6. C:OMrLlANCE WITI~ LAWS.
Buyer agrees to cumply v."ith all applicable Cederal. state. and local laws. rules. and regulations.
SJ::CTlO"l7. 'iOND/SCRIM/"I....TIOJ\".
A. During the pertormam:e or term of this Contract and thl.:' development and
opcratilm \)I"the Property. Buyer agrees a~ follows:
i. Ruyer will not discriminate against any cmployee l\r applicant for
employment because of race. rcligion. colur. sex. national origin. nge.
disability. or any other basis prohibited by state law relating to
discrimination in employm~nt. except where there is a bona tide
uct.:upational qualitication reasunably ne~essary to the normal operation of
Buyer. Buyer agn:es to post in conspicuuus places. available to
cmpll)yees and applicants tor cmplùymenl. notices setting forth the
provisions of this nondiscrimination cbuse.
ii. Buyer in all solicitations or advertisements tor employees placed by or on
behalfofBu)'cr will state Buyer is an equal opportunity employer.
iii. Notices. advertisements and slllicitations placed in accordance with
tedt'ral law. rule or regulntion shall be deemed sufficient for the purpose
ofmecting the rcquin:ments of this section.
Bu}er will include th,,' provisions of the foregoing Sel..'tion 1\ (i. ii. and iii) in every suhcontract or
purt.:hase order of o\'er $50.000. so that the provisions will be binding up...ll1 each subcontractor or
vendor.
SECTlO" 8. ASSIGNME:\T.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of the St'lIer. which will not be unreasonably wilhheld. and any such assignment ~hallnot relieve
Buyer from ;:my of its obligations under this Contract.
SlèCTIO;o.; 9. I'IDEI\1NIT\'.
Buyt'r agrees to indemnify and hold harmless tht, City and their (lt1Ïc.:crs. din..'Ct<.m:i. ;:md
"'mployees free and harmless for and from any and ¡,II claims. causes of action. damages or any
liability of an)' typt:. induding rensonable attorney's fees. on account of any claims by or ;:my
9
injury or damage to any pr.::rsons or property growing out of or din.'etl}' or indirectly resulting or
arising in any way out of any "u:tit.lI1s. l\missions. or activities of lluycr or its agent.s. empl\)yees
or reprr.::sentatives arising out of or connected in any way to an)' (If the matters involved in this
Contrac:t or uny pr.::rformance thereunder.
SECl'IOì\ 10. FORli'l SELECTlO"l A"Ill CHOICE OF LAW.
By virtue of entering into lhis Contract. ßuyer agrees and submits itsclfto a court of competent
jurisdiclion in the City of Roanoke, Virginia. and further agrees this Contract is controlled hy the
laws of tht;' Comm\)nwealth of Virginia. with the exceplion of Virginia's C\lI1tlid (If Jaw
provisions which shall not apply. ílnd all claims. disputes ílnd othcr mattc.:rs shall be decided only
by such court according to thc laws of the Commonwealth of Virginia as atoresaid. Buyer
furlher waives and agn:r.::s not to assert in any such action. suit or proect'ding. that it is not
personally subject to the jurisdiction of sllch courts. that the action. suit or proceeding. is brought
in an inconvenient forum l\r thallhe venue of the action. suit or proceeding.. is improper.
SECTION I L EASDIE;';TS.
ßuyer promist's ilnd agrees to grant and dedicate to the Seller andíor the Westt'rn Virginia \Vater
Authority all reasl\l1ably necessary easements on ßuyer's Property túr thl..' construction of
infrastructure improvemc:nts nl..'eded for \)r benefiting the Property or surrounding areas.
induding. but not limited to. storm drainag~. sanitary sewers, and/or water. all at no cost h) the
Sclkr alll.lior the \Vestern Virginia Water Authority. so Il\l1g as an)" such easement fix a lhird
party is located within 20 teet of a right-of-way line or property line.
SECTION 12. AI'I'ROPRIATION OF FUN )S.
All obligation~ l\r funding undertaken hy the Seller in connection with the Contract are subject to
lhe availability oftlmds and the appropriation ofslll.:h funds hy City Council as may he necessary
t\)r such obligations or funding.
SECTION 13. CO\'E;';A:"ITS AN ) WAIUH"ITlES.
A. In addition to any rc:presentations and warranties contained elsewhere in this Contract.
Sdlt'r warrants and rcpresents that Seller will. in accordance with this Contract. convey
title to the Property free and c.·lear of alllicns. covenants. conditions. rcstrictions. right-
\)f-ways. easements. and encumbrances of any kind or character whatsoever. except as
noted in this Contract and in the Conditions of Tille described in Section 14 below.
U. Thl..' Seller further represents and warrants with respect to the Property that:
I. Title. Selkr has good and market.able fee simple title to the Property subject to
an)' restrictions ofrccord. Seller is the sole owner of the Property.
2. ('ondr:mnatiflll. Sdlr.::r has 11() knO\....Ir.::dgr.:: l)fany pending or thn:alt:ncd
proceedings for condemnation or the e.\ercise (If lht' righl of t'minr.::nt dl) nain as to
any part of the Property or the limiting or denying of any right or access thereto.
10
Comment:
3. ·~'.hl Snt:c.La.l Taxes. Seller has 110 kllllwlL'dge o(llllr has it received any nl)tiœ of,
any special taxes or assessments relnting to the Property or any part thereof
-1-. '·Ia7.ardllus T\t~I!S'rials. Seller has not had any environmental assessments
perJormcd wHh regard to the Property. lIowcvcr, to the best ofthc Seller's
knowledge. no toxic or hazardous materials have been use-d. discharged or stored
on or about the Property. and to lhe hest of the Seller's kno\,,,'lcdge no such toxic
or hazardous materials an: nuw or \!,'ill b~ at Closing located on the surHlce of the
Property.
5. No I.eases. Thert' are no leases ofthe Property.
6. AcC(.'ss. (i) Ingress to and egress from the Properly is available and rrovid~d by
public streets dcdÎl.:ateu to the City of Roanoke: nnd lii) all roads bounding the
Property are public roads dedicatt'd to the Cily llr Roal1ok~.
SECTION 14. TITU: AN ) CLOSI"IG.
A. Title to the Property. in accordance with the Survey, shall bl..' convey~d by S~ller to Buyer
by guud and suflìcient general warranty deed (the 1f)l;'et..l") subject to no exceptions l)ther
than Ihe following:
I. Ad vall)rem re~t1 property taxes for the current y~ar, not yet due and p3yable;
o
The Restrictive Covenants. unless they are removed and/or rclea.<.;ed, in which
case tht, Prop~rty will not bc subject to such Rt'strictivc Covenants;
3. Tllllse matters of title to which Ouyt'r has nut objecled to in writing;
-1-. Th(ls~ matters retlected on the Survey to which BUjer has not ohjected to in
writing:
5. Eascments and other restrictions uf record as of lhe date of execution of this
(\)nlract by Seller that do not substanlially affe~l Buyer's Contemplated Use;
6. Liens and obj~clions shown on the Title Commitment;
7. Olher customary and usual exceptions not adversely afft't'ting titlt-: and
8. Those items and matters St't forth in this Contract and that the- obligations and
undertakings of the Uuy~r in this Contract will sur\'ive Closing and he
inl.:urplmtled into the Deed.AII of the for~going exceptions arc h~rein referred to
colll;'t'ti\'e1y <IS lhe "Conditions of Title."
U. (.k-li\'ery llt' title in accordance \!,,'ith the foregoing shall be evidenced by the willingness
nn the Closing Date of the Title Company to issuc. upon payment of its normal premium,
to Auyt'r ils A.I..T.:\. (Form B) Owner's Pl)licy of Tille Insurance (the "Title Policy")
II
',.
insuring ßuycr in the amount of the Purchase Price in respect to the Property and thot title
to the Property is vested in Buyer suhjcct only III the Conditions ofTillc.
C. Buyer and Seller shall consummate this transaction 011 ur bcfon.:- a date which is 45 days
following the date of this Contract (the "Closing Date"), with the- spccilìc Ch..lsing dale
being. designated by Buyer in writing to Seller at least tive (5) days in advance thereof.
I). The purchase and sale of the Property shall he closed (the "C¡osing") at 10:00 A.~I. on
the Closing Date in the Otlice of the fit)' Attorney. or at such utht'r locatioll and time as
shall he approveJ by Buyer and Seller.
(I) On the Closing Dale, Seller shall deliver or cause to bl: dcli\'cn:d to Buyer the
following documents:
il) Its duly executed and ill:klll)wledged (ìenefil! Warranty Oeed conveying to
Buyer the Property in <Il.::cordam:e with the provisions of this ("ontrad;
b) ¡\ mechanic's lien aftidavit ex(.'cult:d by a representative of Seller.
satisfactory to the Title Company. and to the en-ect that no work has heen
performed on the Property in the one hundred twenty-five (125) days
immediately preceding the Closing Date that could result in a mechanic's
lien claim. or, if such work has been performed. it has been paid for in
lilll;
c) Such evidence and documents including, without limitation. a certitied
copy of the ordinance adopted by the Seller, as may reasonably be
required by th(.' Title C\\mpany evidencing the auth\)rity of the person(s)
executing the various documents on behalf of Selkr in ¡':llnn(.'¡,:tion with its
sale of the Property;
d) A duly executed counterpart ¡,)f a C!¡,\sing Statement;
c) :\n)' other items required [() b~ delivered pursuant to this Contract.
E. At Closing. real property taxes shall be prorated with Buyer being responsible for all
periods thereafter.
F. Buyer shall pay for (i) the cost of all investigations of the Property including but not
limited to examination of title and title insurance premiums for issuance of the Title
Policy; (iD all attorney's fl".'l".'s and expenses incurred by kgal counsel to Auyer: and (iii)
any Grantee's tax and recording costs required to bL' paid in connection with the recording
of the [)ced.
G. Seller shall pay lh~ Grantor's lax. if any. and the L'Xpl..'nSI..'S ûf legal (.·ounsel tor Seller. if
any.
I-I. Exclusive possession of the Pn)perty shall he delivered to AlI)'~r Oil the Closing Date.
subject tn the provisions of this Contract.
1~
SECTION 15. CO"[)F.MNATIO:-l.
Seller has 110 a~tual knll\'V·I~dgl' of any pending or thrt:at~ncd condemnation of the Properly.
Hl)W~ver. if. after the dale h<,'n..'of and prior to the Closing Date. all or any part of Property is
subjected to a bona tide thrent of condemnation or condemned or takl.:1l by a hody having the
po\',,"cr of eminent domain or a transfer in Iit'U of condemnation. BUYt.'r shall be promptly notified
thereof in writing and within twenty (20) days aller H.-cdpt of written l1l\lÏ<.:c to l3uyer, Buyer
may by written notice to Seller elect to caned this Contract prior to the Closing Dah:. in which
e\'ent all parties shall be relieved and released of and from any further dillies. obligations. rights.
or liabilities hereunder. except that Buyer's Deposit shall bc promptly rctlmdeJ lo Buyer and
lht:'rt:'upon lhis Contract shall deemed tt:'rminah.:'d and of no tllrther force and cffect. If no such
electic'ln is made hy the Buyer to can¡;c! this Contract. this Contract shall remain in full force and
cffl:ct and the purchase contemplated ht:'rein. less any interest taken by ¡;ondcmnation or eminent
domain. shall be effected ,,,,¡th no further adjustments. and upon the Closing Date, Seller shall
assign. transfer. and set over to 13uyer all "r the right. title. and interest of Seller in and lO any
awards that have been or that may thereafter be made ror any sllch taking or takings.
SECTION 16. RISK OF LOSS.
Risk of Loss by tire or otht:'r casualty shall bc upon Seller unlil Closing is completed.
SECTIO" 17. CO\IMISSIOl\"S.
Seller and Buyer each warrant and rl.'present to the other that their sole contnct ,\-'ith the other or
with the Property regarding this transaction has been directly between themsdvcs and their
l.'mployces. Seller and Buyer warrant and represent thm no p~rson or entity ean propc:rly claim a
right to a eOlmnissil\ 1. tinder's tee. or other compensntion hased UplUl contracts or
understandings between such claimant and Buyer or Seller with rl.'spect to the transaction
contemplnted hy this Contract. Buyer agrce~ to indemniry the Seller against and to hold it
harmll.:'Ss rrom any daim. loss. co~t. or expense. including. without limitalion. attorneys' fel's.
resulting from any claim for a commission. tinder's fee. or l\lher ¡;ompcnsatioll by any person or
entity bast:'d upon such ¡;ontacts or understandings.
SECTION IH. SELLER'S OPTIO:-l TO IŒI'l'({CIIASE.
13
:'\Jotwithstanding any mwision contained in this Contract or the Ueed. ¡faller thirty six (36) months
from the Ch.\sing Uate, Buycr or its sucL'cssor(sl in int~rt'st shall nnt ha\'t' cllmm~nced substantial
construction on the devclopment of the: Prope:rty, including any parts of the Property the Buycr may
have sold or translì::rre:d to othe:rs. as reasonably determined hy thc Seller. the Seller shall have the
right and option tll refund to the: the:n re:cord owner(s) of the Property and/or any part thereof the
amount of the origillal Purchase Price or propürtionate amount for a part of the Property Buyer paid
the Seller; whereupon the then record owner(s) of thc Property or the part thcrl'of <ksignated by
Seller shall tòrthwith convey thc Propl'rly or the part there:of designate:d by Seller hack to the Seller.
In the: e\'ent that the rcú\rd owner(S) orthe Property or the part thereofdesignmed hy Seller for any
reason fails or refuses to 1..'l..\I1vey title back to the Seller as required herein, the Seller shall have the
right to entcr onto and take possession of the Property or thc part thercl)fdesignated by Seller. along
with all rights and causes of action necessary to ha\'e titlc to the Property or the part thereof
designated by Seller cl1nveycd hack to the Seller. Buyer andíor its successors in interest shall pay
any and all attorney's fees. costs or other expenses incurred as a result of such action. For the
purpose of this Section, the term "suhstantial construction" shall mean the rough grading of the
Propcrty andior lot to the extent neL"Cssary so that the Ilrl..lp~rty and/or lot is ready lor thc
construl.."lion l\l" a huilding(sl thereon and that the streets set f()rth in the Bluc Hills Village Concept
Plan havc been graded and curb and gutter installed along such streets.
SECTION 19. REMEDIES
A. In the event ßuyer shall have fillly performed or tendered performance or its duties and
obligations hereunder. but Seller nlHs to perform any of its duti~s I..)r rcsponsibilities in
al2'cordance with the terms and provisions hercof: Buyer's sol~ and exdllsive remcdy shall
be an equitable suit to enforce specific performance of such duties or responsibilities. Any
and all other remedies otherwise availabl!: tl..) Buyer, at law I..)r in ~< uity. are hereby
expressly waived by the Iluyer except as othcrwise spedlÌl:ally stated in this Contract.
B. In the cvcnt Sell!:r shall have fully performed or tendered performance of its duties and
obligations herein. but Ruyer shall have failed to perf\,xm its duties and obligations
hen'under, Buyer's Deposit shall be retained by Seller os Seller's agreed upon initial
liquidated Janwgl:'.'i. However. if Buyer closes on the Property and the Buyer and/or its
successors or assigns fail to comply with the obligations of the ßuycr in this ("ontr:lct. the
Seller may pursuc all othcr remcdies a\'ailablc by this Contract or by law to Scllcr to seck
compliance with SUdl obligations. including but not limited 1<.\ spedlk pcrtorm:mce,
damagcs. self help of thc Seller to perform slIch work and charge it back to the ßuyer or its
successors or assiglls. including the r¡gllt to enter such Property to enforce such sell" help.
ì\'otwithstanding the foregoing. the ßuyer shall not be responsible for any breach of the
terms of this C<.mtract hy any third party to which Buyer has conveyed on..:: or more lots and
Sdle:r's sole recourse shall he against such third party.
SECTIO" ZO. MHICI::S.
All notices hereunder must he in writing and shall be deemed validly given ifsl'nt by certified mail.
return rl..'œipt requested nr by i.l nationally r~~llgnizcd overnight ~ourier. addressed as follows (or
any other address the party to be notifÌl:d may have designated to the sender by like notice):
Ifill Sell~r:
City ofRl)i.lnoke, City f\.lanager
14
36~ I\oel C. Taylor Munieipall3uilding
215 Church Avenue. SW
ROillloke. Virginia 24011
Fax 1\0. S~0-RS3-113R
\\'ilh a Copy 10:
Director Planning. ßuilding. and Economic Development
III Franklin Plaza. Suile 200
Roanoke. VA 2~0 II
Fax ~o. S~0-R53-1213
Iftn Buyer:
Blue Hills Village. LLC
50~I-A l3enois Road
Roanoke. V A 24014
Attf}: John F. Shoulders. Jr., f\·fanaging rv1emher
With a Copy to:
C. Cooper Youell. I V
Gentry Locke Rakes ¡md .\1oûre
10 Franklin Road. SF.. Suite ROO
P.O. Box 4001J
ROal1l)).;e. V r\ 24022-001 J
Fax No. 5~0-9R.v)~OO
:'\Iotice shall he dL'L'J)}L'd ddivered upon the date of personal service. two days aftcr deposit in the
United States mail. or the day arteT delivery to a nationally recognized overnight ~o¡¡ri(.'r.
S¡';CTIO", 21. TIME.
Time is of the essence in the performance oflhe parties' respective obligations in this Contract.
SECTION 22. Sn.'CESSORS A'I;D ASSIG'I;S.
This Contrill..'t shall inure to the henefit of and be binding. lIplm the parties hereto and their respective
successors and assigns.
S¡';CTION 23. COIIì'iTERP'\RT COPI¡';S.
This Contral'l may h~ ~xecuted in one or more counterparts. and all such counterparts so executed
shall l'onstitutc l\lle Contract hinding on all of the parties hereto. notwithsmnding that all of the
parties arc nol signalory to the same counterpart.
SECTION 2~. CONSTRIICTION.
The panics acknowledge that ~ach party and ils counsel have r~vit'wed and rt'vist:d this Contract and
th"1t tht, Iwrmal rule l\f" cünstruction to the effect that any amhiguities ar~ h) be rc."$olved against the
drafting party shall not be cmployed in the interpretation of this Contract or any amendments or
exhibits hereto.
15
SF.CTIO~ 2;;. SE\'ER.·\ß1L1T\' ANI) SIIRVIVAL.
If any t~rm of this Contra¡,;l is found to be invalid. such invalidity shall nut affect the remaining
terms of this Contract. which shall continue in full force and effect. The parties intend for the
provisions of this Contract tll bt: enl'orœd to the fullest extent permitted by applicable law.
Accordingly. the parties agree that if any provisitms are deemed not enforceahle hy any court or
agency of cl.\Il1pelent jurisdiction. tht,y shall be deemed modified to the extent necessary to make
them enforceable. All terms and conditions of this Contrad shall survive Closing.
SECTIO'i U;. COOPERATION.
Eal.:h party agrees to cooperate with the other in a reasonable !1lîJnncr to l.:arry out the intent and
purpose of this Contract.
SF.CTIO'i 27. AFIlIOIUTY TO SIG'i.
The persons who have executed this Contract on bdmlf of tht: partics rt'present and warrant tht:y art:
duly authorized to execuh:' this Contract on behalf of their respective entity.
SECTION 28. NONWAIVEI{.
Each party agrees that any party's waiver or failure to enforce or require performance of any term or
condition of this ('ontral.:t I)r any party's waiver of any partil.:ular breal.:h of this C'ontrad by any
other party exknds to that instance only. Such waiver or f:\ilure is not and shall not he a waiver 1..)1'
any of the terms or conditions of this ('ontral.:! or a \"'aivCf of any other hreaches of the Contract by
any party and does not bar the nonddhulting party from requiring the defaulting party to comply
with all the tel'IllS and conditions of this Contract and docs not bar the nondelllllhing party from
asserting any and all rights and/or remedies it has or might have against the defauhing party under
this Contract t)r hy law.
SECTION 29. FAITH BASED ORGANIZATIO'iS.
PJ!rsuant to Vin.!.inia Code Seetioll 2,2,-4343.1. be advised that the (,itv docs nt)t discriminate a!!.ainst
faith-based or!.!anizatit)ns.
SECTION 30. ENTIRE CO:\TRACT.
This Contract. together with the exhibits hereto. r.:t) ltains all representations and the entire
understanding between the parties hereto with respect to the suhject matter hereof. Any prior
correspondence. memoranda. or contrar.:ts arc replal.:ed in total by this Contrad and the exhibits
hereto. No i.11ll~ndmenl to Ihis Cuntraet shall be valid unl"ss ll1ad~ in writing and signed by the
appwpriale parties.
SIG'iATlIRE I'AGE TO FOLLOW.
16
Comment:
Comment:
ì
..':-)
It\" WITNESS WHEREOF. RlIy~r .md Seller have executed this Cuntract by their 3ulhl\rized
represenlalives.
ATTEST:
CIT\' OF ROANOKE, VIRGINIA
By
l1arlenc L. ßurl'ham, City f\1anager
:v!ary F. Parker. City Clerk
COM\IOl\WEAI.TH OF VIRGI'oJIA
r To-Wit:
CITY Of ROA'oJOKE
The foregoing inSlrlllTIt.:'nt WilS acknowledged before me this _day of ____ ._' ~006. by Darlene I..
ßureham. City \1anager rl)r the City uf Rù:moke. for and on behalf oL"said municipal"::llrpl\ration.
~·1y commission expires:
l\otary Public
SEAL
wn·l'ESS/AITEST:
RU'E IIILLS VILLAGE. LLC
ßy
Prinled l'\amc and Title
Printed ì'\amc and Title
To-Wit:
Tht, foregoing instrument was acknowledged before me this __day of . 2006, hy
[he .._ of Blue Hills Village. 1.1.(", for
and on beh3lfof"said l'Omp<lny.
17
\'ly commission expires:
:'\Jatar}' Public
Approved as to Form:
Approved <IS to Execution:
Assistant City Attorney
Assislanl Cily Altorncy
SEAL
18
Exhibit 1 to
Contract between City and Blue Hills Village, LLC
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Exhibit 2 to
Contract between City and Blue Hills Village, LLC
Tax No. 7210107
Tract 12 Roanoke Centre for
Industry and Technology
Tax Map No. 7160113
+/- 11.0677 acres
Property proposed to be
sold to BlueHills Village, LLC
(hatched area)
Tax No. 7160102
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
----+----_...:_--
---------
OFFICE OF ECONOMIC DEVELOPMENT
111 FRANKLIN PLAZA STE 200
ROANOKE VA 24011
City/County of Roanoke, Commonwealth/State of
Virginia_ Sworn and subscribed before me this
__:7~_day of July 2006. Witness my hand and
Of~l seal
--~jl44J.t, ~
My fom"'is;t~~
,
I NOnCE OF
I' PUBLIC HEARING I
'The City of Roanoke I
proposes 10 conve.. Cit..
owned property known as
Tract 12 <Ind located at
the Roanoke Centre for
Industry and Technolog)'
(-RCIT7) at the rntersection
of Orange A..enue and Bluel
Hills Drive, N.E., identlfil:!d
by Ta~ Map No. 7160113 .
to an entity named Blue Hills
V j II a ge. L L C, fo r'
commercIal de..elopmcnt
of the prOf)crtyfOI ret<li!.
hotet.rcstaurant, daycarc
¡andOlherc.ommercialuses.
and to c~ecute a Deed of
Release with respect to
Ta.... Map No. 7160113
on YOlthe restrlcti..,
co..en,'nts that ·are'
applicable to all propertv
located ¡:It RClY if the
consent of the required
percentage 01 property
owners and/or lessees. by
area. at RCIT. olht:rthan the
City are obtained.
Purs u ant to the
requirl:!ments of
§§15.2·1800(B) ann 1813.
Code of Virginia (1950). as
amended. notice is herebv
!lIven thot the City Council 01
the City uf Roanol(e will
hold a lub!ic hearing on the
above matter at its regular
meeting to be held on July
17,2006, commencing at
7'00 p.lJl. lotal time, or as
soon thereafter as the
mattermaybeheard,lnthe
Council Chambers. 4th
Floor. Noel C. Taylor
Municipal BUIldIng, 215
ChurchAvenue. S.W.,
Roanoke. Virginia 24011.
'Further information isl
available from the Oflic<l
of Ihe Cih Clerk tor the
City 01 Roanoke at (540)
853·2541.
Citizens <;hall have Ihe
opportunity to be heard and
I e~pres$ tnclr opInions onl
such matter on th<l above
date.
II you arc a person with û
disability or who needs
accommodiltions forthis:
hearing. ple.Jsf! contact the I
Cjt." Clerk'<; Oflice at (540)
853-2541.belore 12;00
noon on Friday, July 14.
2006.
GIVEN under my hand this
5th day of Julv. 2006.
Mary F. Parke·r. City Clerk
(9723667¡
REFERENCE: 80084300
9723667
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBI,IS¡¡¡~P ON: 07/07
t';'
/. ,,\\,
,.
TOTAL COST:
FILED ON:
218.04
07/07/06
Authorized ~
Signature:____
/
Billing Services
8
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p
Repres~tative
^
¿.
en
c....
C
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8:1
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t/'"
I\OTICE OF I)UBLIC IIEARI:'IlG
Thc City of Roanoke proposes to convey City owned property known as Tract 12 and located
at the Roanoke Centre rÒr Industry and Technology (""RCITï at the intersection of Orange A venue
and Blue Hills Drive, 'J.E., identilied by Tax Map No. 7160113, to an entity named Blue I-Iills
Village, LI.C, for commercial development of the property lor retail. hotel, restaurant, day care and
othereommcreialuscs, and to exccute a Deed of Release with rcspect to Tax Map No. 7160113 only
of the restrictive covenants that arc applicable to all property located at RCIT if the consent of the
required percentage of property owners and/or lessees. by area, at RCIT. other than the City, arc
obtained.
Pursuant to thc requirements of §§15,2-1800(B) and 1813, Code of Virginia (1950). as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hl'aring on the above matter at its regular mccting to be held on July 17,200(" commencing at 7:00
p.m. local time. or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia 2401 I, Further
information is available from the Oftìce of the City Clerk for the City ofRo::moke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on such matter on
the above date.
If you arc a person with a disability or who necds accommodations [or this hearing, please
contact the City Clerk's Onice at (540) 853-2541. before 12:00 noon on Friday, .July 14.2006,
GIVEN under my hand this 5th day of Julv ,2006.
Mary F. Parker. City Clerk
'. .
" \;>"(l] Jll:S\BI.lI¡':lilll.S\"lI.I..·\GI:.LLC_l'llTl("I: DOC
Noticc to Publisher:
Publish in the Roanoke Times oncc on Friday, July 7,2006.
Send allidavit to:
Mary F. Parker, City Clerk
215 Church Avenue. S. W.
Roanokc, Virginia 24011
(540) 853-2541
Send bill to:
Linda Bass,
Economic Development Specialist
1] 1 Franklin Plaza, Suite 200
Roanoke, Virginia
(540) 853-2715
...
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
July 7, 2006
File #51-79-514
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6,1981, or other instructions by the Council, the following
matters have been advertised for public hearing on Monday, July 17, 2006, at
7:00 p.m., in the City Council Chamber:
(1) Request of Dalton Place, LLC, and A & J Holdings, Inc., to
permanently vacate, discontinue and close Granger Road, S. W.
(2) Request of Maryellen F. Goodlatte, Attorney, representing
Metropolitan Community Church of the Blue Ridge, that property
located on Jamison Avenue, S. E., identified as Official Tax No.
4120113, currently zoned RM-2, Residential Mixed Density District,
be rezoned to IN, Institutional District, subject to the condition that
the property be developed in accordance with the site plan enclosed
with the request.
(3) Request of Arellano Orange, LLC, to repeal a proffer of a site plan,
showing the layout and access to property located in the 2900 block
of Orange Avenue, N. E., identified as Official Tax No. 7090408, and
a proffer prohibiting outdoor advertising on the subject property,
and replacing such proffers with a proffer of a new site plan showing
the layout and access to the subject property, under date of May 18,
2006.
(4) Request of Western Virginia Emergency Medical Services Council, Inc.,
a non-profit organization, for tax exempt status of certain real
property located at 1944 Peters Creek Road, N. W.
L:\CLERK\DA TA\CKEWI \Pubhc lIearings\Public Heating." 2006\JUl 06\July 17 Council Leller.doc
The Honorable Mayor and Members
of the Roanoke City Council
July 7, 2006
Page 2
(5) . Proposal of the City of Roanoke to convey an 11.067-acre parcel of
City-owned land located at the intersection of Orange Avenue and
Blue Hills Drive, N. E., to Blue Hills Village, LLC, for commercial
development of the property for retail, hotel, restaurant, day care
and other commercial uses.
(6) Proposal of the City of Roanoke to convey a 0.2457'acre parcel of
City-owned land located on Nelms Lane, N. E., to L & L Development
Corporation.
I am enclosing copy of reports submitted by the City Planning Commission in
connection with Public Hearing s 1 through 3.
With kindest personal regards, I am
~'~ -J L
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W.,
Roanoke, Virginia 24015
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically bye-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically bye-mail
L:\CI.ERK\DAl A\CKEW1\l'ublic Ilcarings'Jlublic Hearing...; 2006\JUI. 06\1uly I ï louncill.etter dOl.:
..f'~
fß
IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE authorizing the City Manager to exeeute the necessary documents
providing for the conveyance of Oftìcial Tax Map No. 7390713, containing 0.2457 of an acre.
loeated on Nelms Lane. XE., to L & l. Development Corporation, upon certain terms and
conditions: and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held July 17,2006, pursuant to §§15.2-1800(B) and
15.2-1813, Code of Virginia (1950), as amended. at which hearing all parties in interest and
citizens were afforded an opportunity to be hl'ard on said conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I. The City Manager and the City Clerk are hereby authorized, lor and on behalf of
the City. to execute and attest, respectively, the necessary documents providing t,)r the
conveyance to l. & L Development Corporation by a spc'cial warranty decd of 0.2457 of an acre
of City-owned property, bcing 011ìcial Tax No. 7390713. located on Nelms Lanc, N.E., for the
consideration of S25,000.00, upon the tl'rlns and conditions set forth in the City Manager's leiteI'
to Council dated July 17.2006.
')
All doeuments necessary lor this conveyance shall be in I,mn approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the Cit)' Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
[. ""AITúf{\ILY\D.-\TA \eLL ) 1 \OR DIì\" r\~Cr:S\lJ-l.&LDl:\ ChlPlllC1HCllr l\Ir<l(i\11I-\"':Im.~I.ancS:!5UPU.dLlL'
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C Taylor Municipal Building
215 Church Avenue, S.W.. Room 364
Roanoke, Virginia 24011-"1591
Tt'h.'rhl'Ill': ·(~.wJ ."i;.~·:!Y13
Fa.\: (.:;..H1) "'':;3-11.1::;
Cit~· \\'{'b: \\'\\·w.r(l,l]Hl .,;t~\';l.g(l\"
July 17, 2006
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Conveyance of City Owned
Property Tax No. 7390713, Nelms
Lane, NE
The City owns property located on Nelms Lane, NE, containing approximately
0.2457 acres that was formerly used by the Water Department as the site of a
water storage tank. The tank has been removed, and the property is no longer
of use to the City. The parcel is located in a residential area and is assessed at
$22,300. (See Attachment #1) The City has received an offer of $25,000 for
this parcel from L & L Development Corporation. (See Attachment #2)
Returning this parcel to private ownership would allow it to be developed for
single family detached residential use.
Recommended Action(s):
Authorize the City Manager to execute the appropriate documents to convey
the property to L & L Development Corporation for the consideration of
$2S,OOO, such documents to be approved as to form by the City Attorney.
Darlene L. B rcham
City Manager
DLB/SEF
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Real Estate Acquisition Specialist
CM06-00120
~
Ilf;5l~..tl
' .
Attachmcnt # I
'-~I..j]j
v:;
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,PARCEL INFORMATION
T~. .';~"..:lt:
,T3Q07"3
P'U~~I~Y n,.I~_
o Z457
...u._.__.
PrQP~rtp Adoj,,¡,!;S !r;EL.'.!S LN Ni:
Legal Dmupl,oll it "~G~. ~:~.~. ~n~ .T.:_~~I· 1l0RT";
\}.·.,, fo:crtle...ce 1(ll'16'jl)( 4'3'5
:::~ ::::r~:~.~ 2 ',::,~;.;. _____
",... Solie PIIC'! ."_
:=;~I~ Date :06J271HI80
S~ e ~r ce ,'$000
C·.~.~~-:-·----- .-. jC-;'r'~ 9; 'R;)lItlll~:O:: 'J,~·;i.:i~ __.
t..jj'ns 1::15('HlIRI:HtlVRWHM2~'J
. ~O~!~9K¡;VA.~.. Q11 _ _
-."-.
'·'V("'lavlOlIllIlJ
Nfl!.
Properlyfronl.l\le
~r~pe!ty Aua [,oeplh
70 f~..1
134 fee!
~r ,~e1", Corea
1:',70'5
r~.':¡
:;oiIser..e...IAre.l
LoIndAsse;:;;'T1H,
$22.300 00
,ëj
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Q -0 ~rt~;';h~Î~ï~:~%~o~~;~~~- p~;'~=~fRoan~~e'
~:::.¡
r{j
rj~i
:=J
,nr--::r;rcJ~'''''''''é~ I
MI.. lJ~ç.irŸ.~~~~.~~·.:~.~·;¡ I.tt.;!} ~o ~1 t,M_~1
Impro.,,"'~r h
$J 00
rntdl
"::2,300 ~:
L&L Developlllent Corporation
Builders (~f Drmlll.\'
May 5. 2006
City of Roanoke
Allention: Sarah fillllll
Dear ,'vIs. fillon.
This letter services as a preliminary offer of S25.( ()O,OO to purchase TM # 7390713
loeatcd on Nelms Lanc NE in Roallllkc V A. IncIu(kd in this oller is an aceeptance of
reasonahility for thc disposal of thc cxisting concrete tank fonndation. draw-oil tunnel
and associated materials,
L& L Dcvelopmclll has Ill> knowledge (If ilL'ms such as pipe. valvcs or other dcvisc. and
tlwir relationship wthc ncw (existing) watcr system. This shnuld be d('Il'r111incd prior to
scttlement.
If you find this preliminary olTer to be reasonahk and we rcceivc vcrification of
acceptablc water and scwer access we can then move forward to a formal contract.
In the meantime I can hc reached (\11 my cell phonc at (540) 520-4óOO.
Regards.
Jim Lafon
5~6 Ridgt'\,:resl L~IIlC Roanoke V A 2...t.O!lJ
1)·11I) 36:!-9I (l¿:i
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
NOTICE OF
PUBLIC HEARING
REFERENCE: 32143302
9713385
NOTICEOFPUBLICHEARIN
The eit" 01 ROilnoke
propoStlStoconveycertilin
Cityownedpropertytol&l
Development Corporation
designated.3s Til~ M¡)p No.
7390713 and containing
0.2457 of an õme. located
on Nelms Lane, N E.
Pur sua n t tot II e
req u ire me n ts of
§§15 2-1800(B) and 1813,
Code of Virginia (1950). ;1<; I
~mended. notice Is herebv.
~iven that the CI:y COVI1C,j of ¡
he CllY ot Roanoke will hold)
1 publiC h~aring on the I
lbove maucr at ils regular
neeting to be herd on
110nday. July 17. 2006,
~ommenclßg at 7:00 p.fT1.. In
State of Virginia
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
V~tpia. Sworn and subscribed before me this
__~~day of July 2006. Witness my hand and
official seal.
~dJ
Mt~~ion-
otary Public
1cu.JL-t 2( Ù-:¡.____ .
¡'the-counCil Chambers. 4th
Floor. Noel C. Taylor
Municipõll Building. 215
Church Avenue. S.W..
Roanoke. Virginia, 24011.
Further informatlun is
avili1ablc from the Office Otl
the CilyClerk for the City of
R 0 a n 0 k eat (540)'
.853-2541.Cililens shall have I
theoPporlunitytobeheard
and e~llress their opinions
onsõlidm<ltter.
:11 you Me a person wi:h a
disability who needS
accommodations for this
hearing. please conlact the
Cit'i Clerk's Office at i540}
85'3-2541. before 12;00
noon on Thur<;dBY· July 13.
2006.
GIVEN under my hand this
5th day 01 July. 2006.
.Milry F. Parker. City Clerk.
(9713385)
PUBLISP.F.D ON:
07/07
TOTAL COST:
FILED ON,
146.28
07/07/06
Authorized~A_ ~~. 0
Signature:__f4~~~_________'
Billing Services Repres€Þtative
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NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey certain City owned property to L & L Development
Corporation designated as Tax Map No. 7390713 and containing 0.2457 of an acre, located on
]\;elms Lane. :-.I.E.
Pursuant to the requirements of §§ 15.2-1 800(B) and 1813, Code of Virginia (1950), as
amended. notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, July 17. 2006, commencing
at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Oflice of the
City Clerk lor the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to bc heard and express thcir opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, pleasc
contact the City Clerk's Oflice at (540) 853-2541, before 12:00 noon on Thursday, July 13. 2006.
GIVENundermyhandthis~dayof JlIly
,2006.
Mary F. Parker, City Clerk.
Notiee to Publisher:
Publish in the Roanoke Times onee on Friday, July 7, 2006.
Send bill and affidavit to:
Mary F. Parkcr, City Clerk
215 Church Aycnue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July i 9, 2006
File#558
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of a statement presented by Valerie B. Garner, Chair,
Countryside Neighborhood Alliance, with regard to the Countryside Golf Course
property, which statement was before the Council of the City of Roanoke at a
regular meeting on Monday, July 17, 2006.
Sincerely, ()
A'-( .J7'o..-
¿.. ~.
--
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Valerie B. Garner, Chair, Countryside Neighborhood Alliance, 2264 Mattaponi
Drive, N. W., Roanoke, Virginia 24017
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\age:nda correspondence: 06\Jul OGiJuly î7 oe corresp.doc
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The RFP deadline of July 13th passed with no bid on the Countryside Golf Course
property. It has now been extended another 45 days until August 31 ". Will each
deadline be met with another 45 days in perpetuity? How long will our community
be subjected to this uncertainty?
May I suggest that Council and the Administration take that "step back" now and
initiate a more realistic study of the property other then the one performed by The
Lawrence Group in 2003. The Lawrence Group was instructed at that time to only
look at the property from the point of view of getting the most homes into the
propert)' to increase the City's real estate tax base.
Yes, the city is landlocked; yes this is a large track of land in the City. This is all the
more reason to study the best use of the property.
The Lawrence Group study pointed to challenges for development being:
· The property is irregular
· The property is bisected by the RPZ
· The property is bisected by apartment complexes
· Parts of the property are in the flood plane
· The fairways are too narrow for a double loaded street.
· The infrastructure is lacking
· Homes already line the fairways on Laurel Ridge, Lewiston, Cheraw Lake,
Sioux Ridge, Ranch Rd., Mattaponi Dr., and Countryside Drive.
· The property is in an airport over flight area and close to 1-581 and noisy-
pointing out the noise contour of 65 decibels not compatible with residential
development aecording to the FAA. A golf course is listed as one of the
recommended land uses for property around an airport.
· ROA has already diverted 50 OK dollars of federal funds for noise mitigation.
These are Airport Improvement Funds that could have been used for airport
improvements instead of insulating homes and guaranteeing sale price.
· This program continues off runway 6 diverting even more airport funds per the
Airport Directors recent filing in May to the FAA on Noise mitigation status.
· By building residences in the same localit)' that homes were taken in the 1980s
could result in legal challenges by unsuspecting purchasers... there is no
requirement for disclosure of "proximity to airport" as other localities and
states have implemented.
· The Airport is also subject to the requested land swap at the Airport Director's
request and concurrence by the City Manager.
· By Nov. of this year the City will ham expended almost ~~ million of/merest on the
mortgage of the property.
The 40 year lease Agreement with the airport that the City now possesses ends in
2008. The previous owners were advised in 2003 that it would not be renewed with
no explanation.
If the City asked its Council appointed Airport Commission members to renew the
lease with the City I suspect the members would trust that the city would safel~' care
for the leased property. That is ifthe Airport wants the City to approve the "land
swap" asked for last year.
The Operating Agreement with Meadowbrook expires the end of Oct. and I have no
idea if it is being renewed.
The Agreement however limits Managements maintenance expenditures to SIOOO.
Over this amount maintenance is at the discretion of the City. Lack of maintenance
could then pose a public safety issue resulting in closure.
Buena Vista built a Municipal Golf Course - my question to you is why can not the
City of Roanoke keep its existing Municipal Golf Course.
We await the "dialogue" on a reasonable use of the Countryside Property provided
by an objective outside consultant with inclusion of the neighborhood and
surrounding effected businesses.
I believe all have received an email from the GM of Holiday Inn regarding the value
of the property to the hotel.
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Project Memorandum --
ARCHITECTS
Date: 7.15.2003
Project Number: 03205.001
From: Craig Lewis
To: ¡"'likc Etienne
Re: Coun trvsidc Golf Course Fcasibility - .A.dditional.A.nalvsis
Existing Conditions
The Countryside Golf Course site is a 139 acre public golf course. Access to the site is by
Peters Creek Road to Cove Road or by the Fromage Road along 1-581. Neither provide a
true front door to the site, though some moderate road improvements could probably
resolve tillS issue.
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..t\.. significant number of small, single-story "villas" have been constructed along Ranch
Road, Arrow Wood Road, Mattaponi Drive, and Tuckawana Circle. The construction of
these units scattered throughout the site can be a source of frustration for future planning
as the nl"W residems have certain expectations of backing up to the open space of a golf
course::, anù have no doubt sacrificed their private yard area for this "conunon space".
They will also have expectations for other development in the area that is comparable to
theirs. Additionally, the actual fairways arc quite narrow, ranging between 150-200 feet
wide. In short, they lack sufficiem width for an additional double-loaded street
The site is also locíHed adjacent to a busy Interstate J-lighway and in close proximity to
Roanoke Regional Airport. A portion of the site is located in the aIrport clear zone. The
projected 2005 noise contours as identified in the 2001 14 CFR Part 150 Update of the
Noise Exposure Map also place a portion of the Dr\L 65 Contour across the site.
rHlM
Federal Guidelines e1iscourage the placement of noise sensitive uses including residential.
schools, hospitals, and cbur~hes between the yearly day-night average sound level (DNL)
contours of 65 decibels and 70 decibels. Areas where the yearly day-night average sound
level (DNL) is less than 65 decibels Ú!' considered acceptable for all types of uses.
KOllNAS
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In short, the co-pref-cncc of an airpo,rt clear zone and th~ lnterstate make this area more
noisy than most, though not intolcrablc. "nlCSC conditions arc comparable to other
neighborhoods in similar urban environments.
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Additional constraints around this parcel include two apartment complexes, one of which
is weU-maintaincd while the othcr reguires substantial capital inv~stment and maintenancc,
and some light industrIal development along the frontage road.
Boeing Company
Page 1 of3
Roanoke Regional Airport
IATA/ICAO CODE:
CITY:
STATE:
COUNTRY:
ROA/KROA
Roanoke
VA
USA
AIRPORT CONTACT
Information updated by the airport 5/2006
Name: Jacqueline Shuck
Title: Executive Director
Airport: Roanoke Regional Airport
Address: Roanoke Regional Airport Commission
5202 Aviation Drive
Roanoke, VA 24012-1148
Phone: +1 540362 1999
Fax: + 1 540 563 4838
Email: jacques@roanokeairport.com
Airport Web Site: www.roan9keairport.com
ELEVATION: 1176 ft.
Efren Gonzalez
Deputy Executive Director
Roanoke Regional Airport
Roanoke Regional Airport Commission
5202 Aviation Drive
Roanoke, VA 24012-1148
+1 540362 1999
+ 1 540 563 4838
efreng@roanokeairport.com
I RUNWAY INFORMATION I
lorientation II Length (ft) I Displaced Glide Slope(deg) I Width (ft) I
Threshold (ft)
16/24 II 6802 II 24/6012 II - II 150 I
115/33 II 5800 II - II - II 150 I
INote: Runway 6/24 arrivals and departures are noise sensitive. I
I:Al\_AirDortJ>iaaram .~. \ ot to b~ used for FlighlNav.igation
NOISE ABATEMENT PROCEDURES - NONE
AIRPORT CURFEWS - NONE
http://www.boeing.comlcommerciallnoisc/roanoke.html
7/17/2006
~o~i¡.¡g·Company
PREFERENTIAL RUNWAYS - NONE
Page 2 of 3
OPERATING QUOTA - NONE
ENGINE RUN-UP RESTRICTIONS
Run ups prohibited 10 pm to 6 am.
APU OPERATING RESTRICTIONS - NONE
NOISE BUDGET RESTRICTIONS - NONE
NOISE SURCHARGE - NONE
NOISE MITIGATION/LAND USE PLANNING PROGRAM INFORMATION
I Type of Program I Date I Status I
Implemented
Sound Insulation 1986 14 homes completed
(Residences and Public
Buildings) (City of Roanoke Project)
Sound Insulation - Phase I 2006 22 homes to be completed this year.
Purchase Assurance for 177 homes eligible - program
Homeowners Located Within 2003
the Airport Noise Contours underway (30 month)
IAvigation Easements 2003 11177 hones eligible - underway I
IZoning Laws - IIN/A I
Real Estate/Property - IIN/A I
Disclosure Laws
Acquire Land for Noise - I Information incomplete at this time.
Compatibility to date
Population within each noise ~1327 I
contour level relative to
aircraft operations
Airport Noise Contour I 2000 I ~~-~-~-g~t~~~~~~~~_
Overlay Maps 2005
1986-
Total Cost of Noise Mitigation 2002 Approximately $500,000
Programs to Date 2003- Programs underway
present
Source of Noise Mitigation CJIAIP grants I
Program Funding for Aircraft
Noise
NOISE MONITORING SYSTEM - NONE
NOISE LEVEL LIMITS - NONE
STAGE 2 RESTRICTIONS
http://www.boeing.eom/eommereial/noise/roanoke.html
7/17/2006
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To Joyce.Johnson@roanokeva.gov@Cily-oCRoanoke, Darlene
Bureham/Employees/C ity _ oCRoanoke@City_oCRoanoke.
nharris@virginiaheights.org, alfred .dowe@roanokeva.gov,
.,;..",,"..
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Subject Response 10 Countryside Inquiry
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Dear Mayor Harris and Members of City Council,
In response to an inquiry a citizen made to Mr. Dowe and Mrs. Mason regarding the annual management
fee paid by the operator to the City for Countryside Golf Course in relation to gross revenue attributed to
the golf course operation, the following are some salient points,
The operator of the Golf Course did have an annual gross revenue of approximately $900,000 last fiscal
year, but also incurred significant expenses related to labor and materials in the operation of the golf
course (approximately $760,000 during the same period). In relation to net income (gross revenue -
total operating expenses). the amount is approximately $140.000.00.
For the first six months of calendar year 2006. total revenues are down approximately 2% over the same
period last year, and expenditures have increased by approximately 5.5%. resulting in a drop of net
operating income for the first six months of this year of over 20% without experiencing any significant
capital improvement or repair costs.
In short, the request by the golf course operator to have the management fee amount modified is in
relationship to the changes in net operating income not in relation to total/gross revenue generated by
the golf course operation. Meadowbrook Golf shared these operation and expense figures with staff to
illustrate the current operational status of the course with the understanding that they would not be
publically shared.
Sincerely,
Brian Townsend
Director of Planning. Building and Economic Development