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Home My WebLink AboutCouncil Actions 10-19-06 MASON 37577-101906 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 19, 2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (All Council Members were present.) The Invocation was delivered by Council Member Gwendolyn W. Mason. 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 Friday, October 20, 2006, at 7:00 p.m., and Saturday, October 2 J, 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, 2J 5 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 WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 recognizing Rolanda B. Russell, Assistant City Manager for Community Development. Adopted Resolution No. 37577-101906. (7-0) File #80 2 Proclamation declaring October 22 - 29, 2006, as Red Ribbon Week. File #3-72-76 Proclamation declaring October 2006, as Disability Employment Awareness Month. File #3-353 3. CONSENT AGENDA (APPROVED 7-0) 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-l Minutes of the regular meetings of Council held on Monday, August 7, 2006, and Monday, August 2 J , 2006, recessed until August 30, 2006. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 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 2.2-37J J (A)(I), Code of Virginia (1950), as amended, and more specifically to consider appointments to the Local Board of Building Code Appeals, Roanoke Civic Center Commission, Youth Services Citizen Board, Human Services Advisory Board, Board of Zoning Appeals, and City Planning Commission. RECOMMENDED ACTION: Concurred in the request. File #32-51-1 J 0-1 32-200-304-31 8 C- 3 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss the Citizen of the Year, pursuant to Section 2.2-37J J (A)(J 0), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #1 32-496 3 C-4 A communication from Council Member Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the appointment of a City Clerk, pursuant to Section 2.2- 371 J (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #38-132 C-5 A communication from the City Manager with regard to an update on the Community Rating System. RECOMMENDED ACTION: Concurred in the request. File #132 C-6 A communication from Susan W. Jennings tendering her resignation as a member of the Roanoke Arts Commission. RECOMMENDED ACTION: Accept resignation and receive and file the File #110-230 communication. C-7 Qualification of the following persons: Virginia B. Stuart as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2009; Barbara A. Botkin and Lora J. Katz as members of the Architectural Review Board, for terms ending October 1,2010; and Allen D. Williams as a Director of the Industrial Development Authority, for a term ending October 20, 20J O. RECOMMENDED ACTION: Received and filed. File #110-202-207-249 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. 4 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Occupant Protection/Safety Restraint Grant and Enhanced Impaired Driving Enforcement Grant funds from the Virginia Department of Motor Vehicles, in the total amount of $25,000.00; and appropriation of funds. Adopted Resolution Nos. 37578-101906 and 37579-101906 and Budget Ordinance No. 37580- J OJ 906. (7-0) File #60-163-236 2. Execution of the 2006-2007 CDBG Subgrant Agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for approved housing activities. Adopted Resolution No. 37581-101906. (7-0) File #226-236-178 3. Authorization to file a petition to rezone City-owned property located at 4803 Williamson Road, N. W., to construct a new fire station. Adopted Resolution No. 37582-101906. (7-0) File #51 4. Acceptance of a Brownfield Redevelopment Program Grant from the Environmental Protection Agency (EPA) for investigation of properties suspected of contamination by hazardous substances, in the amount of $200,000.00; and appropriation of funds. Adopted Resolution No. 37583- J 01906 and Budget Ordinance No. 37584-101906. (7-0) File #60-236-362 5. Acceptance of a Brownfield Redevelopment Program Grant from the Environmental Protection Agency (EPA) for investigation of properties suspected of contamination by petroleum-based substances, in the amount of $200,000.00; and appropriation of funds. Adopted Resolution No. 37585-101906 and Budget Ordinance No. 37586-101906. (7-0) File #60-236-362 5 6. Execution of change orders to the contract with S. B. Cox, Incorporated, to provide for additional work in connection with the demolition of Victory Stadium. Adopted Ordinance No. 37587-101906. (6-1, Council Member Wishneff voted no.) File #122 b. CITY ATTORNEY: J. Amendment and reenactment of Ordinance No.3 7190-09J 905, permanently vacating, discontinuing and closing a portion of Whitmore Avenue, S. W. Adopted Ordinance No. 37588-101906. (6-0, Vice-Mayor Trinkle abstained from voting.) File #51 4 2. Amendment of the City Code to allow the City to act within seven days to prevent entry to buildings declared to be a public nuisance, in certain circumstances. Adopted Ordinance No. 37589-101906. (7-0) File #24-549 7. REPORTS OF COMMITTEES: a. A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of the issuance of bonds by the Industrial Development Authority for Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation, for improvements at Brandon Oaks located at 3804 Brandon Avenue, S. W. Adopted Resolution No. 37590-1 OJ 906. (6-0, Vice-Mayor Trinkle abstained from voting.) File #53 b. Request of the Roanoke City School Board that a public hearing be held on Monday, November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of VPSA School Financing Bonds for the Patrick Henry High School project; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Concurred in the request. File #467 6 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No.3 7548, on second reading, adjusting the Undesignated Fund Balance of the Capital Maintenance and Equipment Replacement Program (CMERP). Adopted Budget Ordinance No. 37548-101906. (7-0) File #60-270 b. Ordinance No.3 7549, on second reading, appropriating $1 million of Capital Maintenance and Equipment Replacement Program (CMERP) funds to provide for a portion of the construction costs of the new Patrick Henry High School. Adopted Budget Ordinance No. 37549-101906. (6-1, Council Member Wishneff voted no.) File #60-270-467 c. Ordinance No. 37550, on second reading, adjusting the budget for motor fuel revenue and expense to the School Board. Adopted Budget Ordinance No. 37550-101906. (7-0) File #60-467 d. Ordinance No. 37553, on second reading, appropriating funds forthe 2007 Virginia Department of Fire Programs Grant. Adopted Budget Ordinance No. 37553-1 OJ 906. (7-0) File #60-70-236 e. Ordinance No. 37554, on second reading, amending Ordinance No. 37385-05 J J 06, adopted on May 1 J, 2006, to include an annual salary increment for personal vehicle use for the Arts Festival Director. Adopted Ordinance No. 37554- J 01906. (7-0) File #1 84 f. A Resolution reappointing Dennis R. Cronk, as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years, commencing on October 2 J, 2006. Adopted Resolution No. 37591-101906. (7-0) File #207 7 g. A Resolution providing a salary supplement to the Acting City Clerk for personal automobile mileage. Adopted Resolution No. 37592-101906. (7-0) File #38-184 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 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: A communication confirming the City Manager's appointment of James Grigsby as Assistant City Manager for Operations. . Adopted Resolution No.3 7593-101906. (7-0) File #104-184 CERTIFICATION OF CLOSED SESSION. (7-0) Pam Kestner-Chappelear was reappointed as a member of the Human Services Advisory Board for a term ending November 30, 2008. File #15-110-318 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 5:00 P.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A JOINT "MEETING OF COUNCIL AND THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY. 8 RoAr\OKE ~ REOEVELOPME~T At'lD HOUSING AUTHORITY P¡rt1lí.T~ ill Prt)grt'~:; ROANOKE CITY COUNCIL ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY JOINT MEETING OCTOBER 19, 2006 5:00 P.M. EMERGENCY OPERATIONS CONFERENCE ROOM ROOM 159 AGENDA 1. Call to Order. (Council Member Fitzpatrick was absent.) 2. ROLL CALL: Roanoke Redevelopment and Housing Authority (All Present) 3. WELCOME: 4. INVOCATION AND DINNER. 5. DISCUSSION ITEMS: a. Community concerns regarding the site of the new Social Security Building b. Title 36 and Eminent Domain (Tabled until a later date.) c. Subsidy reductions and asset management and its impact on neighborhood revitalization d. Housing Policy e. HUD Audit 9 6. COMMENTS BY COUNCIL/ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY MEMBERS. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY MEETING ADJOURNED. 10 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 19, 2006 7:00 P.M. CITY COUNCIL CHAMBER AGEN DA Call to Order -- Roll Call. (Council Member Fitzpatrick arrived late.) 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 Friday, October 20, 2006, at 7:00 p.m., and Saturday, October 21, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 11 A. PUBLIC HEARINGS: J. Request of F. A. Bartlett Tree Expert Company that an alley located between 28J 0 Roanoke Avenue and Berkley Avenue, S. W., be permanently vacated, discontinued and closed. Evan R. Bishop, ECS Mid-Atlantic, LLC, Spokesperson. Adopted Ordinance No. 37594-101906. (7-0) File#514 2. Request of Carilion Medical Center to amend the Institutional Planned Unit Development District of J .98 acres, on or near 1815 Belleview Avenue, S. E., for an addition to the existing parking garage. Robert B. Manetta, Attorney. Adopted Ordinance No. 37595-101906. (6-0, Vice-Mayor Trinkle abstained from voting.) File #51 3. Request of Kazim Temple Corporation, a non-profit organization, for tax exempt status of four vacant lots located in the 19th block of Rorer Avenue, S. W. Darlene L. Burcham, City Manager; and Bobby C. Looney, President, Kazim Temple Corporation. Adopted Ordinance No. 37596-101906. (7-0) File #79 4. Proposal of the City of Roanoke to lease toJohn Michael Forrester, Jr., d/b/a Red Coyote, 240 square feet of space located in the City Market Building, 32 Market Square. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37597-101906. (7-0) File #42- J 66-373 5. Proposal of the City of Roanoke to lease to Penick, Inc., d/b/a New York Subs, 290 square feet of space located in the City Market Building, 32 Market Square. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37598-101906. (7-0) File #42-166-373 6. Request of Madison Field, Inc., to purchase City-owned property located at the southeast corner of Overland Road and Brambleton Avenue, S. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37599-101906. (7-0) File #2 12 7. Proposal of the City of Roanoke to place restrictive covenants on a portion of City-owned property known as Thrasher Park. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37600- J OJ 906. (7-0) File #67 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. Mr. Chris Craft, 1501 East Gate Avenue, N.E., appeared before Council. File #66 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON TUESDAY, OCTOBER 24, 2006, AT 12:00 P.M., FOR A JOINT MEETING OF CITY COUNCIL, THE ROANOKE COUNTY BOARD OF SUPERVISORS, AND THE ROANOKE VALLEY RESOURCE AUTHORITY IN THE ROANOKE COUNTY ADMINISTRATION CENTER TRAINING ROOM, FOURTH FLOOR, 5204 BERNARD DRIVE, S. W., ROANOKE, VIRGINIA. 13 \i"i'V: IN THE COUNCIL OF THE CITY OF ROAt\OKE, VIRGINIA, The 19th day of October, 2006. No.' 37577-10 19O5. A RESOLUTION paying tribute to Rolanda B. Russell, Assistant City Managcr lor Community Development for the City of Roanoke, and expressing to her the appreciation of this City and its people for her exemplary public service. WHEREAS, Ms. Russcll is a native of Illinois and graduated from Southern Illinois University in Carbondale; pursued a master's degree at the University of Illinois, Champaign; and reccived certification from lIarvard University's John F. Kennedy School of Govcrnmcnt, and the Developmcnt Training Institute Leadership Program; WHEREAS, whcn Ms. Russcll camc to Roanokc in 2001, she brought with her more than twelve ycars of work experience from the senior executive public sector in Dccatur, lllinois; WHEREAS, as Assistant City Manager for Community Dcvelopment, Ms. Russell has ovcrseen thc departments of Human Services, Planning, Building and Economic Dcvelopmcnt, Housing and Neighborhood Serviccs, Environmcntal and Emergency Managemcnt, Parks and Rcereation, Police, and the Public Library System; WHEREAS, Ms. Russell has been involved in this community through her service on the City's Martin Luther King Jr. Memorial Committee, and Domestic Violence Task Force, as well as the boards of Roanoke Valley United Way. Kuumba Community Health and Wellness Center, and the Council of Community Services; WHEREAS. Ms. Russell has announced her resignation as Assistant City Manager for Community Development eftèetive November 3, 2006; and WHEREAS. Ms. Russell has faithfully served the City of Roanoke and its citizcns for ovcr five ycars. TlIEREFORE, BE IT RESOLVED by thc Council of the City of Roanokc as follows: I. City Council adopts this means of recognizing and commending the many ycars of exemplary scrvice rendered to the City of Roanoke and its people by Rolanda B. Russell. 2. Thc City Clcrk is directed to transmit an attested copy of this resolution to Ms. Russell. ATTEST: City Clcrk. :, -:~.r.?:t~·~?g:;)~ ;' s·· .. ./ '/ " " ;"»~ i, ,.' ~.:. ..." . .i:"\.... ;...:...",-_2'l.. :-<:::;~V::····~:-[:.~'::l ", '. ". .¡ .. ~ í ,J '.;,1 '". '" qtlicf (~l the Nlayor CITY OF )~ì~¥~:' ROANOKE WHEREAS, the RED RIBBON C,HfPAf(iN was initÙlled in lYl,'5 hy t/¡e Virginia Federation cij'CrJmmllllities.liJr Drug-Free row/¡; lmd WHEREAS. t/¡e red n¡'hon was designated as the symhtl/ of iIllOlerll11('I.' of ¡IIegal drug IIse and Ii commitmef/t to II drug·-ji"ù' I~fi..' s(\'/.:: and WHERE.,1S, RA}".\:·tC (RnwlOke Area YOllt/¡ S'uhsfancc AhIISL' ("oû/itÙml a",I Hllll! Ridge Bt.:"/¡m'iLJral Hc,-¡lthcm'c II 'ill t!ll}J10!1S1rtlll.' IllL'ir commitment to û dnl.{{:/i·ce r(lmm/lni~I' hy wging the: cili:ells of ROI1!l()ke to di::q'¡ay RED, in the form of banners, ribbons It"(Jm (IS lapel pillS, ribbons placed 011 car ¡l1ItC:llllIU, and reel bows fllact:d on mailhu'\"cs or 011 ;rom doors: allil WHEREAS, a CWldldight Vigil nf Remembrance alltl /lopt' \I'if/ be held III The lIulel Roanoke llnd Cmljerencc Cent~'r (In Sill/day, Odober _'!J, :lU06, to remcmhi.'r tI'OSL~ persons h huse /in's hal't! hel'1l l1jr~rled I~r slIhs¡IUlCe almsL', NO'.': THEREFORE. l. C. Nelson /farris, Mllyor ,.~( {he City (~( ROllnoke, rirginia, do herchy proclaim Ocroher :l:l- Octoha :9, :l(fJ(í, l/¡rullghoUf chis great AI/-Amaiea City, as RED RIBBON WEEK. Go'en lllldl!r 0111' hands ami the Sllal oftlJe Ci(r q(RrJ¡lI/(ike r/rÙ mtltw,\'nlh d.ty (~r October lfl the yellr t\1'O thousand und six. AiTES¡:' ,\ltl.\or r2,,~~-b ~I~'~ Acting City Clerk d .'::~ ~:.;:_:..::..: , , . I ..... .-.:0:~'j >.:.'.~t--:..,.#..'.:~ ';'~J.07 Office qf'the Mayor CITY OF <'~i' <~1IIi ROANOKE JFHJ::HEAS, to recngnb: the cnntrihutÙms (~fAmèrh:ans with di.mbilitiL's and to ensure equtJl opportzmi(I' in the wùrlçfÒrct!, in 19-15, tilt' (jnit~d .)·tatt's Congrèss design"ted ()"loÞer oj' "''''h .H'''r as NA nONAL DIS:4BILlTr EAfPl.Ol·;\ff;NT AW:~RENESSMONTH. und JJ1IERE.4S. the Americans with Disahilities Act (~f 199() (ADA) has brought ahout imporhmt pnwress in our Nation: and WHEHE4.\', nationwide our t:ommwzity leadas. husinesse,'j and \'ocalìonLlI rdwbilihltion vrRani:£ltions are working together to edut:ak and 111t:rt!Wit' c1Wllrc'Il(;'SS vf the abilitie~i of employees with disahilities and to break d()"'I'~ the barriers that exist in our Ctmzmzmitil!s: and "'HERE·IS, tJlt" Mayor's Commitlee jiJr People with Di:ú.Jbilities. a \'IJ!zmteer group afciti:t!flS alld business leaders, with alld without disllhililit's, from the City of Roanoke. ROc1nokl! County, the Cit)' of .'·alem, and the Tou...n of Vinton. worh to improve the physical. p.\ychologica/, social. llnd .\pirituùl well-being ofpt'rsolls I-dth disahilities in the Roanoke Valley, ùnd to edu(:(Tte the public abollf re::suurCl'S availahle to enabl~ citi¡;t:tL'i with disabilities (() mí.lk~ the most f?l their pott!ntial: and WHEREAS, the:: City (!f Roanoke and the .Afllyor's Committee lor l'f!ople with Disabililie::s c.:OI1l111W:.'S to ",ork diligently with Roanokt: Valley organi:ations and citi:l!ns to recognize the value of t:mplo)'ees l-!'ith disabilities and their employers through special progrllms und (1äi\,j¡j¡~s thrvuglww the year and to uphold thl! Jim&lmentall?ommitment oJjustice and equali(~'Jor all people. NOJf': THEREFORE, J. C. Nelson Harris, Mayor {~l the City (!t" RoanokL', I"'irginia, do hai!hy proclaim Ot'lobl?r 2006, throughout thi,,- great All-Amait'll City. Wi lJISABlLl1T l:.MPLOI'MENT A "ARENl:.XÇ MONnJ. Given under our htlnd~' and the .\'ea/ (1 the Cit.v (~f Roanoke this sixteL'l'uh day of Octoha in thL' .h'ar two thousand and .\"ix. ,. 7 T/;ST· C. Nelson flurris Alayor ~'~i~~ ACling City Clerk CITY OJ<' ROANOKE OFFICE OF THE MAYOR ~l'i CHURCH AVEI'CE. S.W.. ROOM ~'i~ ROANOKE. VIRGII'I.~ ~~( 11- I 'i')~ TH.H'HII\iI.: 1.'\J.!l! x~.\ .~":41 ¡:.\\: (.:'.11): '\.".;.1;.:5 C. NEI.SO:\ HARRIS .\lil.\Or October 19, 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, and more specifically to consider appointments to the Local Board of Building Code Appeals, Roanoke Civic Center Commission, Youth Services Citizen Board, Human Services Advisory Board, Board of Zoning Appeals, and City Planning Commission. Sincerely, c..1{..hftc. ~ C. Nelson Harris Mayor CNH:snh CITY fW ROANOKE OFFICE OF THE MAYOR 21ó CIIl."RC11 AVE~UE. s.\\'.. ROO\1 ~ó2 RO,YMlKE. V1RGI~I" 2~IJlI-ló')~ "1"1.1.1.]'1111\1:: (~.¡II~ ";:".;-~"¡...":' 1"·\.\: :."...II) '.".:-11·;." C. :\HSO:\ HARRIS 't¡l~ nr October 19, 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 the Citizen of the Year, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, c...1{c.hk. ~ C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE CITY COUNCIL 215 ChurchA\'cnuc. S.W. Nod C. Tavlor \1l1nicipal Building. Room 456 Ro;mllke. Virginia :!4011-1 )~ñ Tl.:kphonc: (540) X5J-254J Fax: (540) X53-1145 C. "IEl.SO"l HARRIS :\faynr October 19, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Council Members: Alfr~d T. Do\\.'l'. Jr. l:k\'C'r1y T. Fit7.latril'k. Jr. Sherman P. Lea Gwen \V. Mason Da\'id ß. Trinkk Brian.l. Wishnl'fT This is to request a Closed Meeting to discuss the appointment of a City Clerk, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. With kindest regards, I am A TDJr:snh CITY OF ROANOKE OFFICE OF THE CITY MANAGER \~ot>1 C. T()-"lor Municip<ll Building :21~ Church Avenue, S.\V., Room .1h..J. !{l,,,nl)ke, Virgini" 2·lL111-1591 T\·lt'plwlll.': . (5·11)\ .'::.:;.1-2.1."'."'1 1',1\: (;::;¡·~l!l S:;.i-II:-;~ Cit\' \\'1'\': \\'\\'\\'.["{I,lJlC,kl·\.q~('\ October J 9, 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: Annual Community Rating System Update This report is an annual requirement for participation in the Community Rating System (CRSl. It informs elected officials, the media, and the National Flood Insurance Program (NFIP) of progress the City has made on flood reduction. CRS is a program under the Federal Emergency Management Administration (FEMA) and the NFIP, by which communities are rated for their preparedness for flood events. Currently the City of Roanoke has been classified as a Class 8 community, giving residents and business owners in the City a J 0% discount on annual flood insurance premiums. Storm water has been an issue for the City of Roanoke since its incorporation in the late J 800s. Over the decades, many capital drainage projects have been constructed to address our highest priority drainage problems. The City began regulating floodplain development in 1981, when the first floodplain maps were completed by FEMA. Since then, property owners in the City of Roanoke have received more insurance payments for flood damages than any other community in Virginia. Many projects have been constructed to improve drainage and reduce the flooding risk. . Honorable Mayor and Members of City Council October 2, 2006 Pag e 2 In the early J 980s, $15 million was spent on the construction of drainage projects to reduce localized flooding in the Williamson Road Area. The flood of November 4, 1985, was the worst flood n the history of the Roanoke Valley, at a cost of hundreds of millions of dollars in damage, and eight lives. In J 989, a $7.5 million bond referendum was passed for the Corps of Engineers Roanoke River Flood Reduction Project. This project includes a combination of channel widening and levy construction along 9 miles of the Roanoke River within the City of Roanoke, and is anticipated to reduce flood elevation along the Roanoke River by approximately three feet at some locations and is currently in the second stage of construction. In the early J 990s, $4 million was allocated for flood reduction improvements in the Peters Creek Watershed. The remaining phase will address the protection of J 00 vulnerable properties in this watershed. Flood levels have been significantly reduced by these projects. Since 1985, over $13 million has been spent on other drainage projects in the City. In 1988, the Roanoke Valley Regional Stormwater Management Plan was endorsed by City Council and adopted into the Comprehensive Plan for Roanoke. Currently, these ordinances are under review for possible revision, by a consultant. In 2000, the City of Roanoke, Roanoke County, and the towns of Salem and Vinton began a massive Elevation Certificate effort. These certificates provide detailed elevations for thousands of floodplain buildings in the valley, and facilitate improved floodplain management. Currently, property owners are required to acquire an elevation certificate before any building permit can be issued for structures within the J OO-year floodplain, for structures that do not have elevation certificates already on file. Within the past year, the City of Roanoke has completed the first part of Phase 1 of the Roanoke River Flood Reduction Project. Significant reduction in flood stage was already observed, when there was a rain event equivalent to the 8- year storm, on June 6, 2006. Stabilization of the banks of the stormwater channel which crosses Garden City . Boulevard at Bible Baptist Church was also completed in early 2006, and has not experienced any further erosion. Honorable Mayor and Members of City Council October 2, 2006 Page 3 Four flood-prone homes are in the process of being acquired and demolished, and the properties will be designated as open space. The attached list shows approximately $ 58 million in unfunded storm drainage projects. This list is not a static list, and new projects are added as they are identified. New drainage and flood control projects are added to the CIP list for two primary reasons; upstream development, and citizen demand for higher level of service. Once identified, projects are prioritized, then designed and constructed as funding becomes available. Please feel free to contact me with any further questions on this matter. J~ Darlene L. B¿rcham City Manag;R DLB/NDS/dps Attachment c: William M. Hackworth, City Attorney Stephanie M. Moon, Acting City Clerk Jesse A. Hall, Director of Finance Robert K. 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" · · I~i 1 ~ 1 o () ::¡ ~ .... ~ I- g ,t · -> ~I n · " · õ : 1 ~- " ~ I ~ o ~, ~ ~I ;1 ~ o C I E ãi ~, g ~~ (D . ..~ ~ ~ I i riTi ,:: " "' ; ~ " ~ ø ~ -- o o " '" c o o <ri ~ M ø w x ~ 1-- ~ , ü " c ., o o ~ Õ 2 " " u , ~ ~ S c 'r;¡ ;; ~ . ,- . ~ o õ § en ci , « . . E 9 '" '" ',1 " liS CITY OF ROANOKE OFFICE OF THE MAYOR 215 Cm:RCH ,WE!\CE, 5_11'.. ROOM ~52 ROA!\OKE. VIIWINIA 2·101 1-I5q~ TEL.Ei'IIUKE: i)...(l¡ ~:53 .~....!.. F:\X: I~-H), :-'~3 11-15 C. ]'¡ELSON HAIUUS :\la~·lIr October 23, 2006 File #110-230 Ms, Susan W, Jennings c/o The Arts Council of the Blue Ridge 20 East Church Avenue Roanoke, Virginia 24011 Dear Ms. Jennings: Your communication tendering your resignation as a member of the Roanoke Arts Commission, was before the Council of the City of Roanoke at a regular meeting held on Thursday, October 19, 2006. On motion, duly seconded and unanimously adopted, your resignation was accepted and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Arts Commission from July 19, 1999 to October 19, 2006. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~~ "M';' Mayor Enclosure .. . . . . . . the~· .. .~il . \lftl1~ J.¡ltil..··lid~L· RECEIVED err,) t) .~, f ,......, '. v.:¡· t. t í.~'..J MAYOR'S OFFICE . . Septemher T:!. 2006 The Hllnllrahle Nelson Harris Maylir. qiy of Roanok~ 215 Church A venuè . Rounokl~ V_\ 24011 I.~,'":':¡r·N::!~;::-'~ì:· . .. . This letter is(~; serve as illY ollieial resignatiori Jrlllll.the Roanoke Arts. ..'. COlllmissiori, I have enjoyed my seven years of service to the city and haw Sel'!l nl1lrh ' . progress in that time, Happily I will still be involved with the C{lmmission in iny new . role as Public Art Coordinator. . . . , Itismy suggestion ihalthi:,co~neil member who appoints my SUCCl'ssor.look tor ,·sÖmcorii: in the "under 35"·age rarige. There is u real gap' and u need for someone in tlVll ··category: particularly as we movc'torcwordwith theinipiementatiori of the puhlie art plan; While I do not have ahyone particular in mind [ believe that Siuarl Mease or Bcth Doughty would have a good suggestion, I want to personally thank you, Nelson, lor the support you.have given me over tl,,: years .inmy role at The Arts Council. I look lorward to wilrkingwith you in a new capacity as a City of Roanoke employee . . M:jl])' thanks lor all you do ll)r the arts in this great place'we live;, ~.Sin('cr'~k . '.' . . . '. . . . .......~. . Susan .Jennings . Executive [)irectc~ :.. Cc: Darlene Burcham; City Manager. . WyonaLynch-McWhite, Chair, RoallokeArl~ C'.~!]mÜss¡')n . ;. . . . . . '.~ "lit: ;.l,r.l.\ (.:;'lll]~·\..jl (It" ~Ill: Bill,' l~id~l..· . ~!;"~~.;q·.I. :h;Ul h. ;\\"~'n'lJ(' ~ RI1.!I~~11~l:' ~ ïr~iJli,1 .2.il: 1'1 ;. ·.5.ii·)-\~,~: ~:-."Il . \\w\\:.rhl.',lll'.\(t.lLJ!;l il.c)["!~ ~:.illi; ;('~·II.ll',~rr.'\:~IIJ.~h·il:I"!; <P~ - .... \ 114 .!J*. . Z¡¡¡¡¡;u CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A\'C'nue. S. v.,!.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (5-tO) ~53-:!5-11 Fax: t54U1853-1145 F.-mail: ckrlí.£j;r(l:lI1okc\";l.g~w SHEILA~. H.-\~nHr-; Assistant City Clerk STEPHANIE -\1. MOO~. CMC A~'ling City C1t'rk October 23,2006 File #110-202 William C. Holland, Chair Personnel and Employment Practices Commission 14S0 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: This is to advise you that Virginia B. Stuart has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2009. Sincerely, ~~h)OðyV Stephanie M. Moon Acting City Clerk pc: Keli M. Greer, Secretary, Personnel and Employment Practices Commission Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Virginia B. Stuart, 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 Personnel and Employment Practices Commission, for a term ending June 30, 2009, according to the best of my ability (So help me God). /~~ i? tu ~ C.- Subscribed and sworn to before me this Srr1day of #~Ø2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~ú ø ;7Jdð~ CLERK 1..'Cl.I".IU';':".DAT.-\".t 'KEW!\luth and 1ca\ I11g S~1"\"I¡;o:·r~r:'111111d and cmpi\IYllK:llt practices Cl1rmnissiun'Virginiu ß. Sluun oalh.d~l(.· CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke, Virginia 24011-1)36 Tekphul1c: 15-1-UI8.<;3-2:<;-t] fa.....: (5~Ù) 8:í3-11·1:i E-m:lil: ¡,;1crk@'rt,anClke\"3.g.C1\' SHEILA N. II..\RTM:\N .-\:;~i!'(;U1t CilY CI~'rk STEPIIA':\Ib.: ;":1. i\.100:-.J. C~1C A~'ling City Clerk October 23,2006 File #110-249 Martha P. Franklin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Barbara A. Botkin and Lora J. Katz have qualified as members of the Architectural Review Board, for terms ending October 1, 2010. Sincerely, ~~~ lY¡,.,0 Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barbara A. Botkin, 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 Architectural Review Board, for a term ending October 1, 2010, according to the best of my ability (So help me God). fiud~·1/ 1!)1~ . Subscribed and sworn to before me this L day of ()cfvkr 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~/~-< 't¿t'. f)EPl/7Y' . CLERK :i' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Loraj. Katz, 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 Architectural Review Board, for a term ending October J, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before me this 2.-.5 day of~~ 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BWd;J$(\vN t --::¡:.)o..vl~ , LrERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A \'t~nll('. S. \'1 n Room 456 Roanoke. Virginia 24011-1536 Tckplwllc: {5,~(} ~5.1·:!5"'1 E1\: !5-WJ 8:'U-J ]45 E-mail: clerJ..IÃ.wall(¡ke\.a.gl1v SlIfll...\ r\. IIARTMAN As:;i:'l~ll1l Cit}' CI~~rk STEPHAl\IE M. \IOON. ole Actlll~ City Clerk October 23, 2006 File #J J 0-207 Harwell M. Darby, Jr., Assistant Secretary Industrial Development Authority of the City of Roanoke Glenn, Feldmann Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 2400 J Dear Mr. Darby: This is to advise you that Allen D. Williams has qualified as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing October 2 J, 2006 and expiring October 20, 2010. Sincerely, ~M'~ðÑV Stephanie M. Moon Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Allen D. Williams 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 Director of the Industrial Development Authority, for a term of four years commencing October 21, 2006 and expiring October 20, 2010, according to the best of my ability (So help me God). ~Jf]J . ... - . ...--- Subscribed and sworn to before me this j¿~ay of M· 2006. BRENDA S. HAMILTON, CLERK BY' _~j;_y!~____ __.DeO",Y CI.,k I. \CLERK\[):\'J'A\CKS\ll\:\!:l'l1da.(lft\Odllhl'l" ~ ("lITl'~pl'IlJl'[kl·.J\'l· CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AvenuL'. S. \V.. RotHn 456 Roanoke. Virginia 2'¡011-1530 Telephone: 154U.I ~53-25"'1 Fa:\: (540) 853-11,15 E-IllJII: ckrk<!t'roanokc\"a.go\' SHEILA~. IIART\lA\; As~isl¡lI1l Cit)" Clerk STEI'II..\'IIE \1 MOOt';. CMC Acting. City C1~rk October 23, 2006 File #60-163-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 75 78- J OJ 906 authorizing acceptance of the Occupant Protection/Safety Restraint Grant made to the City of Roanoke by the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, :'rrì. 'rY)ÒbW tephanie M. Moon Acting City Clerk pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37578-101906. A RESOLUnŒ, authorizing acceptancc ofthe Occupant Protcction/Safety Restraint Gnmt made to the City of Roanoke by the Virginia Department of Motor Vehicles, ¡md authorizing exccution of any required documcntation on behalf of the City. BE IT RESOLVED by the Council orthe City of Roanoke as follows: 1. The City \1anager is hereby authorized on behalf of the City to aecept from the V irginia Department of Motor Vehicles the Occupant Protection/Safety Restraint Grant in the amount ofS 1 0,000.00, sneh grant being more particularly described in the letter orthe City Manager to Council dated October 19,2006. 2. The City Managcr is hereby authorizcd to execute and lìIe, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attomey. 3. The City Manager is further directed to fumish such additional infonnation as may be required by the Department of Motor Vehicles in connection with the acceptance ofthc foregoing grant. ATTEST: ~Yn. fY)œNv ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK STEPHAt-:1E M. ~IOON. CMC '-\¡;Iing Cil)' Ckrk 21) Chnr,'h Avenue. S. W.. Rnom456 Ro:nll1ke, Virginia 24011-1516 Teleplll\ne: l5"'{)) I.;jJ·25-H Fax: 15-10, S5.ì-1145 E-lllail: derk@nnUl;lkt:\'¡q:ov " SIIEIL\ N, H..\RnIAt-: :\ssi.slanl City Clerk October 23, 2006 File #60- J 63-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 75 79- J 0 J 906 authorizing acceptance of the Enhanced Impaired Driving Enforcement Grant made to the City of Roanoke by the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, ~'rn. ~bðn.J Stephanie M. Moon Acting City Clerk pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police v7is IN THE COUNCTL OF THE CITY OF ROANOKE, VlRGL1\JIA The 19th day of October, 2006. No. 37579-101906. A RESOLUTION authorizing acceptance oftbe Enbanced Impaired Driving Enforœment Grant madc to the City of Roanokc by tbe Virginia Department of Motor V chicles, and authorizing execution of any required docllmentation on bchalf of the City. BE IT RESOLVED by tbe Council of the City of Roanoke as follows: I. The City Managcr is bereby authorized on hehalf of the City to acccpt from the Virginia Department of Motor Vehicles tbe Enhanced Impaired Driving Enforcement Grant in the amount of$15,000.00, such grant being more particularly described in the letter of the City Manager to Council dated October 19, 2006. 2. The City Manager is hereby authorized to execute and file, on bchalfofthc City, any docllments setting forth the conditions of the grant in a form approved hy the City Attumey. 3. The City Manager is furtherdirccted to fumish sllch additional information as mayhe required by the Dcpartment of Motor Vehicles in connection with the acceptance of the foregoing grant. ATTEST: ~rn, h\ÙilYV ~ City Clerk. . ) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Churl'll Avenue. S. \V.. RpP11l4:'ó Roanoke. Virginia 24011-1536 Tell·phone.: (540) S5_~-2541 Fax: (540) ~53-11...5 l~-mail: l·lcrk(~:n).lIlt)ke\'a.g.c)\' SHEIL\ 1'. HARTMAN As~bt¡UlI Cit)" Ch:rk STEPHANIE ~1. \1001'. ole ,\çting Cit)' Clerk October 23, 2006 File #60- J 63-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37580- J 0 J 906 appropriating funding from the Commonwealth of Virginia for the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grants, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, M~ In, D]ðavJ Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37580-101906. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grants, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Overtime Wages FICA Revenues Enhanced Impaired Driving Enforcement Occupant Protection 35-640-3435-1003 35-640-3435-1120 35-640-3436-1003 35-640-3436-1120 $ 13,934 1,066 9,290 710 35-640-3435-3435 35-640-3436-3436 15,000 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ' " %t;;-Jn~~ fy¡, h-1~ ,rì ~ City éi~~. CITY OF ROANOKE OFFICE OF THE CITY MANAGER "<lcl C. Tayl<l" \1unicipal Building 21~ Church AVL'nuL', S.\V., RLlom 36·1 Roanclkc, Virginia 240n -"1591 I"dl'1'hl1llV: '(:;.()) ....:;3 ~~~'''; r.n: ¡::i...(lJ :-;~.ì-IJ:1·'" CiL~ \Vl,b· \\'\\"1\" r",llh'''L·\"a.¡';llv October J 9, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwen W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: DMV Grants Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department has been awarded grant funding in the amount of $10,000 for overtime and related FICA expenditures associated with conducting selective enforcement activities which target motor vehicle occupant safety. The grant period is from October 1, 2006 through September 30, 2007. In a separate award, the Roanoke Police Department has been granted funding in the amount of $ J 5,000. This award is to be used for overtime and related FICA expenditures associated with conducting selective enforcement activities which target Driving Under the Influence (DUI). The grant period is from October 1, 2006 through September 30, 2007. There is a statistical correlation between levels of motor vehicle law enforcement and traffic accidents in the City of Roanoke. Increased patrols, funded by these grants, are an effective strategy to reduce accidents and prevent injuries. These programs will allow officers to concentrate on alcohol impaired and aggressive drivers at times when such violations are most likely to occur. Mayor Harris and Members of City Council October 19. 2006 Page 2 Recommended Action: Accept the Occupant Protection / Safety Restraint grant and the Enhanced Impaired Driving Enforcement grant. Authorize the City Manager to execute the grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding totaling $25,000 per the following and establish corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund. Occupant Protection / Safetv Restraint Grant Overtime FICA $9,290 $ 710 Enhanced Impaired Drivinq Enforcement Grant Overtime FICA SJ3,934 $ J ,066 Respectfully submitted, arlene L. Bu City Manager DLB:gws c: Stephanie M. Moon, Acting 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 CM06-00182 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. R(llllll 456 Roanoke, Virginia ~4()11-1536 T~'kphLlnc: (5...01853-2541 Fax: 1)·10) 1<.5J-II·15 E m:uJ: clerk(q~rnant)kt'\'a.gQv SHEILA N. IIARTM..\r\ As:.istant City Ckrk STEI'HA~IE M. \IOO~. OK A~ling. City (,Ierk October 23, 2006 File #J 78-226-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 3758 J -1 0 J 906 authorizing the City Manager to enter into the 2006-2007 Community Development Block Grant ("CDBG") Subgrant Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, ~~rn.~~ Stephanie M. Moon Acting City Clerk pc: Jesse A. Hall, Director of Finance Ford P. Weber, Director, Housing and Neighborhood Services Frank E. Baratta, Budget Team Leader L,¡ I:J\.,\ \~..( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37581-101906. A RESOLUTION authorizing the City Manager to enter into the 2006-2007 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the 200{i-2007 Community Development Block Grant (CDBG) subgrant Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes more particularly set forth in the City Manager's letter dated October J 9, 2006. ATTEST: jt;¡Æ~ 'rn. h¡(Jl)yV Stephanie M. Moon, CMC Acting City Clerk. K \/ti:SI1Ll:Tlot,-,R· CDHO AND TAP ICI~05.DOC' CITY OF ROANOKE OFFICE OF THE CITY MANAGER I\:lld C. Ta~/l()r \:IUl1iLipc11 Building 21:=; Church A\'L'I1UL'. S.lV., Room 364 Roanoke, Virginia 24nll-1591 ['dq'hlll1l'. !5·11l) :-;5J-2:~y3 F.l"': ¡,...()) :-;'>:"._11."'\.'\ llt\" \Vl,b· \\'\\'\\" r",lIhl"L·\·;l.~\l\" . October 1 '9, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, 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: 2006-2007 CDBG Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (TAP) Background: Since 1965, Total Action Against Poverty in the Roanoke Valley, Inc. (TAP) has developed and executed programs that promote adequate housing, employment, health and nutrition, and education for the citizens of Roanoke and surrounding areas. To date, TAP's Emergency Home Repair program has performed emergency home repairs for approximately 106 needy citizens of Roanoke. On May 1 J, 2006, City Council authorized TAP to conduct housing activities in our community by Resolution No. 37391-05 J J 06, which approved the City's 2006-2007 Action Plan Consolidated Plan for submission to the U.S. Department of Housing and Urban Development (HUD). City Council accepted the 2006-2007 CDBG funds on June J 9, 2006, by Budget Ordinance No. 37422-061906 and Resolution No. 37423- 061906. By letter dated July J 3, 2006, HUD approved the City's new five-year Consolidated Plan and its second year action plan. Considerations: In order that TAP may conduct its approved 2006-2007 housing activities, City Council's authorization is needed to execute a subgrant agreement. Necessary CDBG funding is available in the account listed in the draft Agreement included with this report. A total of $80,000.00 is being provided to TAP to provide limited The Honorable Mayor and Members of Council October 19, 2006 Page 2 and emergency repairs to 15 homes city-wide, with the exception of the Gainsboro and Gilmer neighborhoods, which are assisted through an agreement with the Roanoke Redevelopment and Housing Authority. The agreement would be effective from July J, 2006, until June 30, 2007. Recommended Action: Authorize the City Manager to execute the 2006-2007 CDBG subgrant Agreement with Total Action Against Poverty in the Roanoke Valley, Inc., similar in form and content to the draft attached to this report, such agreement to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. B rcham City Manager DLB/sp Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Ford P. Weber, Director of Housing & Neighborhood Services Frank E. Baratta, Budget Team Leader CM06-00 J 80 .ø~ is ·~n ' CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ 15 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24011-153lÍ Tdl'phom~: (5...(IJ 853-~5.J I Fa:!\: 5·t(1)~y:ql·15 E-TIlail: derk<ihn:1l111kc\"a ~{" SIIEII.,\ r<. IIARTMA~ Assistant City Ckrk STEPII¡\f\IE \.1. t-.100:-.l. Ci\:IC Al'lin~ City Ckrk October 23, 2006 File #5J Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37582- J 01906 authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and located at 4803 Williamson Road, N. W., Official Tax No.2 J 70128, subject to certain proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday,October 19, 2006. Sincerely, ~~ m. hjó'Þ--rV Stephanie M. Moon Acting City Clerk pc: Thirty-three East, Inc., P. O. Box 2442, Staunton, Virginia 24402 Milton Santana, Jr., 3 J 04 Birchlawn Avenue, N. W., Roanoke, Virginia 240 J 2 Barry R. ChitwOod, 3023 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. L. Edward Poff, 3339-3D Circle Brook Drive, Roanoke, Virginia 240 J 4 Darlene L. Burcham October 23,2006 Page 2 pc: Xiao Ji Qi and Xiao Mei Yu, 4821 Williamson Road, N. W., Roanoke, Virginia 240J 2 Affordable Efficiency Inns, Inc., 5520 Florist Road, N. W., #30, Roanoke, Virginia 240J 2 Mr. Ronnie L. Thomas, 3103 Birchlawn Avenue, N. W., Roanoke, Virginia 240J 2 Mr. and Mrs. Richard Dennis, 3027 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. Bill N. Woody and Mr. Michael L. Woody, 400 Quicks Mill Road, Verona, Virginia 24482 Mr. and Mrs. B. N. Woody, 400 Quicks Mill Road, Verona, Virginia 24482 Air-Lee Cleaners, 4720 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Juan Aguirre, J 329 W. Main Street, #200, Salem, Virginia 24153 Jesse A. Hall, Director of Finance Steven J. Talevi, Assistant City Manager . R. Brian Townsend, Director, Planning, Building and Economic Development Martha P. Franklin, Secretary, City Planning Commission '\. c,,<' lob \CA\~r . IN THE COU:\CIL OF THE CITY OF ROAt\'OKE, VIRGINIA, The 19th day of October, 2006. No. 37582-]01906. A RESOLUTION authorizing the lìIing of a petition to rezone property which is owned by the City of Roanoke and located at 4803 Williamson Road, :\. W., which is designated as Official Tax 1\'0.2170128, subject to certain proffers. WHEREAS, the City of Roanoke owns certain property located at 4803 Williamson Road, :\T.W., which is designated as Official Tax No. 2170128; WH EREAS, such property is currently zoned CG, CommereiaJ-General District, trom Williamson Road for a distance of240 feet, and RM-2, Residential Mixed Density District, for approximately 125 feet to the rear property line; and WHEREAS, it is the desire of City Council to consider the rezoning of such property from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to proffered conditions. THEREFORE, BE JT RESOI.VED by the Council ofthe City ofRoanolœ as follows: I. That public necessity, convenience, genera] welfare and good zoning practice require the (iling of a petition to rezone the subject property from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to proffered conditions, for the purpose of ¡Jcnnitting the construction of a fire station. 2. That the City Manager is authorized to file a petition, similar in form and content to the petition attached to the letter dated October 19,2006, to this Council, approved as to fOl1n by the City Attorney, tu rezone the subject property from CG, Commercia]- General District, and H_vl-2, Residential Mixed Density District to CG, Commercial-General District, subject to proffered conditions. ATTEST: ~:.uln,~~ Stephanie M. ;-v100n, CMC Acting City C\crk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER "0<>1 c:. Taylor Muni<Cipal Building ::?1~ Church A\'t~nue, S.\V., Roolll 364 Roanoke, Vjr~inia 24tlll-1~~] "]L,JL'phlllll': f:;-I)),.:::;."'\-~..n.l F.1:\.: 1:;·H!¡S:-J ] l.:;tì (II\" \\'l'b: \\"w\\'.nl.lIll¡J...l'\'.l.gl'" . October J 9, 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 Mayor 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: Rezoning of 4803 Williamson Road, N.W. Official Tax No. 2J 70J 28 A parcel of land located at 4803 Williamson Road, N.w., has been identified in the Fire/EMS Strategic Plan as the location for a new fire station. The proposed fire station will replace the fire station currently located at the Roanoke Regional Airport. Once the new station is constructed, the fire faCility at the Airport will become the property of the Roanoke Regional Airport Authority and will serve only Airport Fire- and EMS-related services. The property is currently split-zoned and bears zoning designations of CG, Commercial-General District from Williamson Road for a distance of 240 feet, and RM-2, Residential Mixed Density District, for approximately 125 feet to the rear property line. The City proposes to rezone the entire tract to CG, Commercial-General District, with conditions. Recommended Action: Authorize the City Manager to file a petition to rezone the property located at 4803 Williamson Road, N.W., bearing Official Tax No. 2170J 28, from CG, Commercial- General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, with conditions. Darlene L. Bu ham City Manager cc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk Rolanda Russell, Assistant to the City Manager R. Brian Townsend, Agent, City Planning Commission CM06-00179 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of a tract of land located at 4803 Williamson Road, NW., Official Tax No. 2170128, from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, with certain conditions proffered by the petitioner To The Honorable Mayor and Members of the Council of the City of Roanoke: The Petitioner, City of Roanoke, owns land in the City of Roanoke located at 4803 Williamson Road, N.W., identified as Official Tax Map Number 2170128. Said tract of land is currently zoned CG, Commercial-General District, and RM-2, Residential Mixed Density District. A map of the property to be rezoned is attached as Exhibit 1. A development plan is attached as Exhibit 2. Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to certain conditions set forth below, for the purpose of permitting the construction of a fire station. The Petitioner believes that the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for the public safety services to its citizens in an equitable, efficient and effective manner. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day of October, 2006. By: Owner Darlene L. Burcham City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 EXHIBIT 3 - Adjoining Property Owners Tax No. Mailina Address 2170138 Thirty-Three East, Inc. P. O. Box 2442 Staunton, VA 24402 2170127 Milton Santana, Jr. 3104 Birchlawn Ave.. N. W. Roanoke. VA 24012 2170206 Barry R. Chitwood 3023 Birchlawn Ave., N. W. Roanoke, VA 24012 2280115 L. Edward & Nancy Poff 3339-3D Circle Brook Dr. Roanoke, VA 24014 2170137 XIAO JI QI and XIAO MEI YU 4821 Williamson Rd.. N. W. Roanoke, VA 24012 2170143,2170139 Affordable Efficiency Inns., Inc. 5520 Florist Rd., #30 Roanoke, VA 24012-1234 2170129 Ronnie L. Thomas 3103 Birchlawn Ave., NW. Roanoke, VA 24012 2170207 Richard & Donna Dennis 3027 Birchlawn Ave., N.W. Roanoke. VA 24012 2170205 Bill Norman Woody and Michael Lee Woody 400 Quicks Mill Rd. Verona. VA 24482 2170201 B N. & Nancy Woody 400 Quicks Mill Rd. Verona, VA 24482 2280114,2280111,2280156 Air-Lee Cleaners 4720 Williamson Rd., N. W. Roanoke, VA 24012 2280110 Juan & Marisella Aguirre 1329 W. Main St., #200 Salem, VA 24153 .ø~ '" ':-. . . .... . iiot; '{/L~ ' ~~ ". CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24011-1536 T~kphllllC: (5·10) S5~-~5-11 F<lx: t5·101 S:'n-] 145 E-nlail: \."It'rk<!::'l"CI;UlOkl.:\'<t.guv SHEILA ~. H.~RTM!\_' :\:.~i.i.l;¡n( City Clerk STEPHA~IE ~I. ~IOO~. OK Actin£ City Ckrk October 23, 2006 File #60-236-362 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7583-10 J 906 authorizing acceptance of an EPA Brownfield Assessment Grant (Hazardous Substance) from the Environmental Protection Agency to fund environmental investigation of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances, and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, ~'rn. Y'Yìöi}nJ Stephanie M. Moon Acting City Clerk pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development. Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director, Management and Budget -J~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37583-101906. A RESOLUTJON authorizing the acceptance of an EPA Brownfield Assessment Grant (Hazardous Substance) from the Environmental Protection Agency to fund environmental investigatiolls of brown field properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; and authorizing the execution of the neccssary documents. BE JT RESOL VED by the Council of the City of Roanoke that: I. TIle City of Roanoke hereby accepts the EP A Brownfield Assessment Grant (Hazardous Substance) from the Envirollmental Protection Agency, in the amount of 5200,000.00, to fund enviromnental investigations of brown field properties within the City of Roanoke that are suspected of being contaminated by hazardous suhstances, and as more particularly set fmih in the letter dated October 19, 2006, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additionaJ infornlation as may be required in connection with the City's acceptance of this grant. ATTEST: ~Yh.~ðtV , Acting City CJerk. J.:\ATTORNEY\DA TA\CLLDI\RESOLUTION\R-EPA Hazaråous Substance Grant Accepbnce lOJ90ó.åoc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Room-l56 Roanoke. Virginia 2-l011-1536 Tl.:]ephollc: (5.10) ~5.l·2541 rax: ().:IO) l=;53-1145 E-m:¡jl: clerk~~'n'aI1(lkc\'a.~ov SHEILA:II. HART.\I.·'" A.~sb'alll City Ckrk STEPHA:-;IE M. \100". ("\IC Acting City Ckrk October 23,2006 File #60-236-362 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37584-10 J 906 appropriating funding from the Federal Government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, Å~~m. hJòbW Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director, Management and Budget ~'/ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37584-101906. AN ORDINANCE to appropriate funding from the federal government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Administrative Services Travel and Training Program Supplies Revenues Brownfield Assessment-Hazardous Substance 35-615-8108-2010 35-615-8108-2030 35-615-8108-2044 35-615-8108-2066 35-615-81 08-81 08 $ 190,032 2,000 6,468 1,500 200,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ !n.lYJð/fvJ ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER :\0,,1 C. Taylm !vlunicipal Building 21~ Church t\\'l~nU(', S.vV., Room 364 Rlhllloke, Virginia 24011-1591 "IL'll,'plulIl!.·: 15·HlJ ¡':'';~-~.'''.~1 F.n:: (:;"¡'II/1'\:;.l-ll.l:-i Cil~' \\'l'l~: \\"\\"\\".nl.lnl'kl·\·.l.~\I\" October 19, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, 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: EPA Brownfield Assessment Grant (Hazardous Substance) Grant Acceptance Background: The Environmental Protection Agency (EPAl administers a Brownfield Redevelopment Program that annually awards grants to states, tribal authorities, and local governments. EPA has awarded the City of Roanoke a grant in the amount of $200,000 to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances. This grant is community-wide with two primary target areas: (i) the South Jefferson Redevelopment Area and (ii) the Roanoke River floodplain in the Norwich and Mountain View neighborhoods. This grant does not require a local match. Considerations: City Council action is needed to formally accept and appropriate this grant to fund environmental investigations, purchase supplies, conduct public outreach, and undertake travel, training and educational opportunities in accordance with provisions of this grant. The Honorable Mayor and Members of Council October 19, 2006 Page 2 Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $200,000 (EPA Hazardous Substance Grant) and to appropriate funding of the same to accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. urcham City Manager DLB:fw c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager for Comm. Dev. Brian Townsend, Director, Planning, Building and Econ. Dev. Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director of Management and Budget CM06-00J 83 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenlle. S. W.. Room 45(, Ro"noke. Virgini" 24011-15.16 Telephone: (54fl¡ ~53 25..11 Fa\: 15~n.1 ~.'i3-1145 E-Illail: l.:led,(Il:'h)anokl·\·:l.~O\· SHEILA \;. HARTMAI\ ,\~si~lallt City Clerk STEPHANIE M. ~100:-l. ("M(" A;;lin~ Cily Clerk October 23, 2006 File #60-236-362 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37585- J OJ 906 authorizing acceptance of an EPA Brownfield Assessment Grant (Petroleum-based) from the Environmental Protection Agency to fund environmental investigation of brownfield properties within the City of Roanoke that are suspected of being contaminated by petroleum-based substances, and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, ~~Pn.h¡ó~ Stephanie M. Moon Acting City Clerk pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director, Management and Budget \:J~~ E\ TIlE COUNCIL OF TI-IE CITY OF ROAl\OKE. VIRGI?\TIA, The 19th day of October, 2006. No. 37585-101906. ;\ RESOU.JTIO:-.J authorizing the acceptance of an EPA Brownfield Assessment Grant (Petroleum-based) from the Environmental Protection Agency to fund environmental investigations of brownficld properties within the City of Roanoke that arc suspected of being contaminated by petroleum-based substances; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the EPA Brownfield Assessment Grant (Petroleum-based) from the Environmental Protection Agency, in the amount ofS200,OOO.OO, to fund environmental investigations of brown field properties within the City of Roanoke that are sllspeeted of being contaminated by petroleum-based substances, and as more particularly set forth in the letter dated October 19, 2006, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approvcd by the City Attorney, and to 1ì.m1ish such additional information as may be requircd in connection with the City's acceptance of this grant. A TTE8T: ~tn'~ð~ Acting City Clerk. L:\ATlDRNEY\DATA\CLLDI\RESOLCTI0N\R·EPA Pctroleum-h:;sed Granl Ac.:-eptance :0] 9ù6.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Churdl A Willie. S. W.. Room 456 Roannke. Virginia 24011-1536 l'elt'plll'n~: (5-1.1)) K'i3-2541 Fax: (:'i-tO) XS:~-114.5 E-mail: -:krk l~'TII.mokc\'a.g(w SHEIL' ~. HARTM.\r-: A.~~i~lanl City C1~rk STEPHAr-:IE M. WJOr-:. OK A..:ling City Ckrk October 23,2006 File #60-236-362 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37586- J OJ 906 appropriating funding from the federal government for the Environmental Protection Agency Brownfield Assessment Petroleum Based Substance Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006, and is in full force and effect upon its passage. Sincerely, J;q-f~ (y). ('y-¡oDYJ Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director, Management and Budget )<.'/ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of·October, 2006. No. 37586-101906. AN ORDINANCE to appropriate funding from the federal government for the Environmental Protection Agency Brownfield Assessment Petroleum Based Substance Grant, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Administrative Services Travel and Training Program Supplies Revenues Brownfield Assessment-Petroleum Based 35-615-8109-2010 35-615-8109-2030 35-615-8109-2044 35-615-8109-2066 $ 190,032 2,000 6,468 1,500 200,000 35-615-8109-8109 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~Þ1. ~. City Clerk. Yrjo (JY'-' CITY OF ROANOKE OFFICE OF THE CITY MANAGER \]('\('1 C. "L'yl(lr Municipal ßuilding 215 Churrh Avenue, S.\V., Room 364- R0c1110kc, Virginia 2..J.t.l11-1591 ] L,It.-ph\lIIl': (::;-lI)l.~.:;.",-:?:1.'.l F,l\.: (:=>-llll ~:;.'-11:'i,' City \\.\.[,: \\'W\\' ["(1,1Ih1lw\,l..!;.l'\' October 19, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, 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: EPA Brownfield Assessment Grant (Petroleum-based) Grant Acceptance Background: The Environmental Protection Agency (EPA) administers a Brownfield Redevelopment Program that annually awards grants to states, tribal authorities, and local governments. EPA has awarded the City of Roanoke a grant in the amount of $200,000 to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by petroleum-based substances. This grant is community-wide with two primary target areas: (i) the South Jefferson Redevelopment Area and (ii) the Roanoke River floodplain in the Norwich and Mountain View neighborhoods. This grant does not require a local match. Considerations: City Council action is needed to formally accept and appropriate this grant to fund environmental investigations, purchase supplies, conduct public outreach, and undertake travel, training and educational opportunities in accordance with provisions of this grant. The Honorable Mayor and Members of Council October 19, 2006 pag e 2 Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $200,000 (EPA Petroleum-based Grant) and to appropriate funding of the same to accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, arlene L. Bu cham City Manager c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager for Comm. Dev. Brian Townsend, Director, Planning, Building and Econ. Dev. Ford Weber, Director, Housing and Neighborhood Services Sherman M. Stovall, Director of Management and Budget CM06-00184 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue. S. W.. Room 456 Roanoke, Virginia 24011-15.16 Telephone: 15"O) ~5J 254) Fa.\: 15"()) S5.1.-11"'5 E-mail: ..:krklil'111;l11okc\";l.glw SIIEILA ~. HARn1.':-; ..\~s.i$lal1t City ('lelk STEPIIA:-'¡IE M. MOOr.;. CMC A..:ting. City Clerk October 23, 2006 File #122 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37587-101906 authorizing the City Manager's issuance of additional Change Orders to the City's contract with S. B. Cox, Incorporated, for changes in connection with the work on the demolition of Victory Stadium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, h1.~~ Step anie M. Moon, CMC Acting City Clerk pc: Jesse A. Hall, Director of Finance Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Luke E. Pugh, PE, Civil Engineer II /0' D',I) / IN THE COU!\:CIL OF THE CITY OF ROANOKE, VIRGfr..'L-'\ The 19th day of October, '2006. No. 37587-101906. AN ORDINAt\'CE authorizing the City Manager's issuance of additional Change Orders to the City's contract with S.B. Cox, Incorporated, for changes in eOlmedion with the work on the demolition of Victory Stadium; and dispensing with the second reading by title (lfthis ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1, The City Manager is authorized to execute, for and on behalf of the City, in a form approved by thc City Attorney, such additional Change Orders to tbe City's contract with S.B. Cox, Incorporated, as may be needed to complete additional work concerning sitc &'Tading, supplcmcntary erosion and scdimcnt control measures, and storm drainage in eonncction with thc work on the demolition of Victory Stadium, all as more fully set forth in the City Manager's Ictter to Council dated October 19, 2006. 2. Such Change Ordcrs will providc authorization for additions or deletions in the work with an increase andior decrcase in the amount of the contract, provided the total amount of any snch Change Orders <Ire within the amount of tile previously tr<ll1sfell'ed funds, $580,000, <III as set forth in the above-mentioned letter of the City Manager. J. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~. 'rY)O~ Acting City Clerk. 1.:\ATfOR1\EY\DATATLlCl\Measures\sb cox victory stadium second change order.Joe CITY OF ROANOKE OFFICE OF THE CITY MANAGER N[lf'] C. Taylor \1unicipal Building 2"15 Churdl A\'enuL', S.\V., Rnom 36"¡' Rlldnnkl!. Virginid 240n -13Y I TL'lvplhIIW: \=l-lllj ~53-:!.ll\ Ln: l:.l·W) .-':·~.~-11.1:-; Cily \\\+: \\ \\"\\".nl;'HHlkl·\"l.).~'I\· October J 9, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, 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: Authorization for Change Orders to Contract with S. B. Cox, Incorporated Background: On August 21, 2006, Council authorized the transfer of $580,000 to a newly established account for the Reserve Avenue Athletic Venue Project. Council also authorized additional work by S. B. Cox, Incorporated, the contractor for the demolition of Victory Stadium, through change orders to provide for site grading, supplementary erosion and sediment control measures, and storm drainage. The cost of this additional work is within the above amount of funds that were transferred, but the cost of that work is more than the prior projected amount. City Council authorization is needed for further change orders to such contract because, together with prior change orders, they will exceed 25% of the original contract amount. Recommended Action(s): Authorize the City Manager to execute such additional change orders to the City's contract with S. B. Cox, Incorporated, as may be needed to complete the additional work mentioned above, provided the amount of such additional change orders is within the amount of the remaining available funds given the original transfer of $580,000. Respectfully submitted, Darlene L. Burcham City Manager The Honorable Mayor and Members of Council October J 9, 2006 Page 2 DLB/LEP/dps c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Luke E. Puke, PE, Civil Engineer" CM06-00190 ..... fi .. ~~. ~;f. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Rt1annkc. Virginia 24011-1536 Tdcphollc: 1.5'1ll) ~5.~ 25-t1 Fax: (54flJ 853-11-1-5 E-mail: clerk0'nlanokl'va gLl\' SHEII.A N. H.~RnL\.~ A<;...istanl City Clerk Sl'EI'IL-\~IE \·L ~100N. C~lC ¡\cling City Clerk October 23, 2006 File #5J4 Robert B. Manetta, Attorney Carilion Health System 2 J 3 S. Jefferson Street, Suite 720 Roanoke, Virginia 2401 J Dear Mr. Manetta: I am attaching copy of Ordinance No.3 7588- J 0 J 906 amending and reordaining Ordinance No. 37190-091905 adopted by City Council on September J 9, 2005, permanently vacating, discontinuing and closing a portion of Whitmore Avenue, S. W., west of Jefferson Street, S. W.; and that next to the last paragraph of Ordinance No. 37190-091905 be amended to read that if the conditions have not been met within 18 months from the date of adoption of Ordinance No. 37588-10 J 906, such Ordinance shall be null and void with no further action by City Council being necessary. Carilion Medical Center shall record a certified copy of Ordinance No. 37588-101906 along with a copy of Ordinance No. 37 J 90-09 J 905 that is to be recorded with the Clerk of Circuit Court. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, Á~'rv)· h10~ Stephanie M. Moon, CMC Acting City Clerk Robert B. Manetta, Attorney October 23,2006 Page 2 pc: Briggs W. Andrews, Senior Vice-President, Corporate Secretary/General Counsel, Carilion Medical Center, Office of Corporate Counsel, 2 J 3 S. Jefferson Street, Suite 720, Roanoke, Virginia 24011 Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Manager Philip C. Schirmer, PE, LS, City Engineer Martha P. Franklin, Secretary, City Planning Commission s~~~ 11\ THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 19th day of October, 2006. No. 37588-101906. A N ORDINANCE amending and reordaining Ordinance No. 37190-091905; :JJld dispensing with the second rcading by title of this ordinance. WHEREAS, by adopting Ordinance No. 37190-091905 on Septcmber 19, 2005, City Council intended to pClmanent1y vacate, discontinue and closc a portion of Whitmore Avenue, S. W., west of JcfJerson Stn:~d, S. W.; WHEREAS, Ordinance :'-to. 37190-091905 providcd that it would be null and void, with no further action by City Council being necessary, if eertain conditions wcrc not met; WHEREAS, Ordinance No. 37190-091905 became null and void, by its tcrms, when those c.onditions were not met; WHEREAS, an extension of time in which thc conditions can bc mct will effectuate the , purpose of Ordinance No. 3719U-09] 905; and WHEREAS, Carilion Medical Ccnter, by counsel, has requested that the deadline for such conditions to be met be extcnded by six (6) months. THER F.l'ORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance :-.10.37190-091905 be amended to read and provide as follows, and Ùlat such ordinance be reordaincd as amended: BE IT FURTHER ORDAlNED that if the above conditions have not been met within eighteen (I S) months from thc date of adoption of this ordinancc, then such ordinancc shall be null and void with no [urthcr action by City Council being necessary. BE IT FURTHER ORDAI0iED that the applicant shall record a certificd copy of this ordinance along with the copy orOrdinance No. 3719()-(J91905 that is to be recorded with the Clerk of the Circuit Court. BE IT FTNALL Y ORDA INED that pursuant to the provisions of § 12 of the City Charter, thc second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~~t~'~\. oJG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2005. No. 37190-091905. AN ORDINANCE permanently vacating, discontinuing.and closing certain pubJic right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion McdicaJ Center filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the CounciJ to permanently vacate, discontinue and close the pubJic right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-l4, Code ofthe 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 the City Council on September 19, 2005, after due and time.Jy notice thereof as required by §30-14, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the. foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the CounciJ considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularJy described as follows: That portion of Whitmore Avenue, S.W., west of Jefferson Street, S.W., 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 the CounciJ of the City of Roanoke is empowered so to do with respect to the closed portion ofthe right-of-way, reserving however, to the City of Roanoke and any utiJity company or pubJic authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, eJectric wires, gas Jines, telephone lines, and related facilities that may now be Jocated in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such Jines, mains or utilities, such right to include tIle right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or repJacement 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 pubJic right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such pJat combining all properties which would otherwise 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, and retaining appropriate easements, together with the right 2 of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be Jocated within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the CJerk of the 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, Virgirùa, as Grantor, and in the name of the Petitioner, and the 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 applicant 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 CJerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period oftwclve (12) 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§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4-IJ--rR_ J . . n..-.. I~"·/·.~~ ~ Cit:Y Clerk:... ¡ A True Cop'l ie~e~. 3 · CITY OF ROANOKE orr'leE OF CITY ATTOR.'\EY ~(,·1 MLï,ICIP,-\L ¡¡L1I1DI"!(; 21' CIIl'RCH AVE"!tlE. SW ROA"!( IKE. VlR(;I1\I;\ 2~1l11-"~' 111"1 .\n' 'I~'::.' I FI.EI'fh )'\:1.: '\":1) :').~-.: P. 1"'\: ~-hl·..:5.;-1 '.~ I 1'\1.\11 : ,II ~ ..[1\ h: rll.1 .".....: \:1. .~,,\" TI\HHIIY 1{.SPl-.l\CFR STF\ F:\".J. '1':\ I.E\" 1 (;.\H:\' L 1'E<;I-:I\I\..\ \II' ll:\\ II) I.. (,OI.l.l:'\S I-IE.YIlIFH.I'.·f]U;l"Sl)[\ \\ILJ.I\ì\I\I.H:\(,I..:\\ORIlI \:;s;-.: L\~. r\"lI' ."'1"1' ,II.~;I y... October I'). 200(l The Honorabk C. I\clson Harris. r-.layor and \kmbers o('City Council Roanoke. Virginia Re: j\m.<;nd and reordain Ordinancc :"0. .371<)~J:O<JL~)V~ Dear l\1avor Harris and Membcrs of Council: , . On Septel11ber 1'1. 211D5. at the request or Cari lion rVledical Center. City Council adoptcd Ordinance 1\0, 371 <)(¡-IJ<) I <J(¡5. to permancntly \·ac~ltc. discontinue and c10sc a portion or Whitmore A.\·,'nue. S.W.. w,'stor .kITerson Street. S.W, In accl'rdance with Ih,' City's usual praetie,'. the Ordinance required that "'ithin one year rrom the date or adoption or ¡he Ordinance. C'arilion \1cdical Center ha\'e a subdivision plat prep3red 3nd recorded. combining the closed portion or Whitmore Avenue. S.W.. with the adjoining lots. Because the' plat has not been prepared and recorded. the Ordinance by it> ten",' became void. To allow Carilion r-.kdieal Center to close ¡he subject portion or Whitmore Avenu,'. S.W., Carilioll \1cdieal Cell leI' has requested that City Council amend and reordain Ordin3nce 1\0. 371 l)1I-D') 1'105. allo\ving a plat or subdivision hl he prepared and reeorded within eighteen l 18) months aner Septenlber I l), 2005. the dalL' of adoption or the original ordinance. The City Administration, through the Enginc'ering Deparllllcnt and the Departlllent or Planning Building and Del'e1opment. has eonsented to the request. Accllrdingly. ir City Couneil agrees with the recommendation. the attach,'d ordinance may he' adl'plcd. which ordinanc,' gives Carilion ~Idditillnal time in which to record the necessary plat orsubdi\·ision. , The Honorabk C. I\elson Harris. \layor and \kmbers of City Council October ¡ '). 200ti Page :; With killlkst personal regards. I am Sinœrely. W~~~ William \1. Hackworth City Attorney SJTí\V \111: Id Attachment cc: Darkne L. Burcham, Cify \'l:lIlaga R. ßrian Townsend. Acting As,istanl City \1anager Philip Schirmer. City engineer Robert B. Manetta. hquire oP~ - ':-. .' .~) ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur~h Avenue. S. ""'T.. ROllm456 Roanoke. Virginia 24011-1536 Tl.:kphonl.:: l5"'OI853-25.!1 Fax: (5...tl"¡ ;:.ì53-' 145 E-mail: çkrk@'wanokev3.g.c)\' SHEILA "'. HARTMAN A:;:,i~lilnt City Ckrk STEPII:\NIE \.1. :-'-100;":, C\:IC Acting City Clerk October 23, 2006 File #24-549 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: . I am attaching copy of Ordinance No. 37589-JOJ906 amending Section 7-2, Removal, repair, or securement of structure; recovery of costs, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, ~'rn¡ hJ~ Stephanie M. Moon, CMC Acting City Clerk pc: The Honorable James R. Swanson, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia .. The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia Darlene L. Burcham October 23, 2006 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable M. Frederick King, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable Joseph P. Bounds, Chief Judge, Juvenile and Domestic Relations District Court The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 323 J 6 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development William (Dan) Webb, Code Compliance Coordinator (,~..\~ "Y d\'" \ IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA "rhe 19th day of October, 2006. No. 37589-101906. AN ORDfNA~CE amending §7-2, Removal. rcpair. or securement of structure; recoverv of costs, of Chapter 7, Building Rcgulations, of the Code of the City of Roanuke (1979), as amended; and dispensing with the st:cond reading by titlc of this ordinance. BE IT ORDAINED by thc Council of the City of Roanoke that: I. Section 7-2, RemovaL repair. or securcment of stmcture; rccovery of £psts, of Chapter 7, Buildin~ Regulations. ofthc Codc of the City of Roanoke, be, and it is hereby amended to rcad and provide as follows: Section 7-2. Removal. repair. or securement of structure; rec.overY-ºf costs. * * * (d) No action shall be taken by the city manager to remove, rcpair or secure any building, wall or othcr structure for at lcast thirty (30) days following the later of the retum of thc receipt or newspapcr publication, except that the City Afanager may take action to prcvcnt unauthorized access to the building within seven (7j days of the notice referenced in subparagraph (cj of this section. if the struclllre is deemed to pose a significantlhreat 10 public sqlety and such fact is stated in the noliee. * * * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hercby dispenscd with. ATTEST: . .' 41.--0 ' ' A~rn.' oð-tIJ Acting City Clerk~ CITY OF ROANOKE OI'FleE OF CITY ATTORNEY ~{,..¡ \1\ INIClI'AJ. Hl.'IJ.DIM; ~Ió ClnllKH AVEI'IT. sw ROANOKE. VIRGINIA ~~()II-Ió"ó ("r, .\r1I;ji~.I··: "1"11.1:1'1111'1".: :--111·-:5.<::':.\1 [:,\\ 5·llllo".':;; I~":I 1:\1.\11.. "IIY.I:~ ',' 1".lIl"L·':l ~'l\' IT\](rnlY R. SPE:"l('E1{ STE\"E:'I.I. 'r.\I.E\ I t;:\H:Y L TEf;E:\K.\MP 1),\\ II) I.. COLl.lJ\s IIE.YIlIER I'. n·]U;l SO;\; \\ 11.1.1.·\:\' ,I. II:\CK\\"OltTH ,.....;;.'1.\.'.1 ("I I Y·\TT' 'R':!.',"": Ckt(lber 19. 211()!l The Honorable rvlayor and \kmbers of City Council Roanoke, Virginia Re: Amcndmcnt to Scction 7-2, Rcmoval. repai.r:,.(lI:_ ~.e!;_l~r:'!IJen.LJ!..r structurc; rccovcrv or co,ts. Code or the r.itY.(.)LI~oanoke (I lnl)). ;.l~ ~lme'lltle.<.! Dear \lay<.>r Harris and \kmhers <.>rC<.>uncil: Included in the City', 2(1)(i Iegislativc packagc was a request tbat Section 15.2- l)()(i or the CllLle of Virginia (195n), as amended. be' amended to allow a locality to act more quickly to prc\'cnt unautlwri/ed access to a building \\'hich the locality has determincd poscs a signi licant threat to public sarcty. Without the amendment. which permits the' City to act within seven days in certain circumstances, the City was powerless to prcvent entry to buildings it had declared to be' a public nuisance and in need of cithcr boarding up or demolitilln for thirty (30) days after such dcclaration. For thl' City to è~ercise thc authority recèntly grantcd to it by the state legislature. the City must adopt an ordinance. For the reaSllllS set forth in this lette'r. I recommend that the attached ordinance he adopll'd by City Council. Thc City Administration has re\'ie\\ed the ordinance and Cllncurs in its ad<.>ption. The ordinance, iradopll'd, will become elTeelive immediately. Plc'as~ do not hcsitak III cOlltaclll1c~ if Y(lll have any questions. Sincerely yours. 0~~.~ William \1. HaL'k\\orth City A[[orney srriWMIl:ld Enclosure ec: Darlene Burcham, City Manager Rolanda Russell. Assislant City Manager Community DC\'e!opment Stephanie M. I\loon, Acting City Clerk William (Dan) Webb. Codes Compliance Coordinahll' CITY OF ROANOKE OFFICE OF THE ClTY CLERK 215 Church Avenue. S. W.. ROLlm 4.'6 Roanllke. Virginia 24UII-15.'6 Telephone: (:"40) S5.1-25"'¡ Fa\: 1.5401 X5.1-11·~j E-maIl: C'lerk<!t-nlanl)k(,\':I.~llV SHEIL.~ 1'. HART\lAN :\SSlsr:Ult City Clerk STEPHAt\1E M. ~100:-.J. CMC Actirlg Cil)' Ck'rk October 23, 2006 File #53 Harwell M. Darby, Jr., Assistant Secretary Industrial Development Authority of the City of Roanoke Glenn, Feldmann Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am attaching copy of Resolution No. 37590- J 01906 authorizing, among other things, the issuance of not to exceed $18,000,000.00 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia revenue bonds for the benefit of Virginia Lutheran Homes, Inc., to the extent required by Section J 47(f) of the Internal Revenue Code of 1986, as amended, and Section J 5.2-4906 of the Code of Virginia of J 950, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006. Sincerely, ·I'Y;·MD~ Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance J-~ IN TilE COUNCIL OF THE CITY OF RO~'\iOKE, VTRGINL'\ The 19th day of October, 2006. No. 37590-101906. A RESOLUTION" authorizing, among othcr things, the issuance of not to cxceed $18,000,000 aggrcgate prineipaJ amount o[ Industrial Development Authority of thc City o[ Roanoke, Virginia revcnue bonùs [or the benefit of Virginia Luthcran Homes, Inc., to the extent required by Section 147(f) of the Intcrnal Revenuc Code o[ 1986, as amended, ,md Section 15.2-4906 of the Codc of Virginia of 1950, as amended. WHEREAS, the Industrial Development Authority of thc City of Roanoke, Virginia (Authority") has considcred thc application of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-pro/it corporation (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to excccd $18.000,000 (the "Bonds") to be issued at one time or from time to time to assist the Bon'ower in financing or refinancing the [ollowing (collectivcly, the "Plan of Financing"): (I) the costs of constructing and equipping an cxpansion to the Borrower's existing rcsidential care facility for the aged known as Brandon Oaks, located at 3804 Brandon A vcnuc, in the City Q[ Roanoke, Virginia ("Brandon Oaks"), consisting of (a) an approximately 40,000 square foot, 3-story building to house 24 indcpendent living units and (b) an approximately 40.000 square foot, 3-Slory building to house 40 assisted living units (the "Project"), including refinancing certain indebtcdness related to the Project, (2) other capital expenditures at Brandon Oaks, working capital and capitalizcd interest, and (3) amounts required to fund a debt scrvice rcserve fund and to pay costs of issuance anù othcr cxpenscs in connection with the issuance of the Bonds; WHEREAS, thc Authority held a public hcaring on the Borrower's application on October 11, 2006, as required by Section 147(f) of the l.ntemaJ Rcvenue Code of 1986, as amcnded (the "Code"), and Section 15.2-4906 of thc Codc of Virginia of 1950, as amcnded (the "Virginia Code"). Section K:\:-'1e3.surcs\IDA VA Lutheran Ilomc Financing.doc l47(f) of the Code also provides that thc govcnunental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility iÏnanced with thc proceeds of private activity bonds is located must approve the issuance of the honds; WHEREAS, the Auth01ity issues its bonds on behalf of the City of RomlOkc, Virginia (the "City"); the Project is locaicd in the City; and thc City CounciJ of the City of Roanoke, Virginia (the "Council") constitutes the highest electcd govcrnmental unit ofthc City; WHEREAS, thc Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuancc or the Bonds, suhject to the terms to be agreed upon, a certificate of the public hcaring and a Fiscal Impact Statcment havc been filed with thc Council. THEREFORE, BE IT RESOLVED by the Council of the Ciiy of Roanoke as follows: 1. The CounciJ approves the issuance of the Bonds pursuant thereto by the Authority for thc hcnefit of the Borrower, as rcquired by Section 147(t) of the Codc and Section ]5.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing or refinancing the Plan of Financing. 2. The approval of the issuance of the Bonds docs not constitutc an endorsement to a prospective purchaser of the Bonds of the credit\vorthincss of the Plan of Financing or the Borrower. This resolution shall take effect immediately upon its adoption. ATTEST: . . ¥Y), ÌY)bW Acting City Clerk. SEAL K:\1\.feasures\IJ)A VA I.uthcran Home Financmg.ùoc October I I, 2006 City Council City of Roanoke, Virginia 2I~ Church Avenue, Room 364 Roanoke. Virginia 240 II Industrial Ue\'l'lopment Authurity of the City of Roanoke, Virgiuia Pl"Oposed Financing fOl' VÍI"~inia Lutheran Homes, Inc. Virginia Lutheran Homes. Inc. (the "Borrower") has requcsted that the Industrial Development Authority of the City of Roanoke, Virginia (the" Authority"), assist the Borrower in tinancing or relinancing (I) the costs of constmcting and equipping an expansion to the Borrower's existing residential carl' ti¡cility tor the aged known as Brandon Oaks, located at 3804 Brandon Avenue. in the City of Roanoke, Virginia ("Brandon Oaks"). consisting of (a) an approximately 40,000 square foot, 3-story building to house 24 independent living units and (b) an approximately 40,000 square foot, 3-story building to house 40 assisted living units (the "Project"), including relìnancing certain indebtedness related to the Project. (2) other capital expenditures at Brandon Oaks, working capital and capitalized intl'rest. and (3) amounts required to tund a debt service reserve tund and to pay costs of issuance and other expenses in connection with the issuance of the bonds (the "Plan of Financing"), by the issuance of its revenue bonds, in one or more series from time to time, in an amount not to excel,d $18,000,000 (the "Bonds"). As set t(lrth in the resolution of the Authority attached hcrelO (the "Resolution"), the Autbority has agreed to issue its ßonds as requested. Tbe Authority has conductcd a public bearing on the proposcd tìnancing or relÌnancing of the Plan of Financing and has ree.ommended that you approve tbe issuance of the Bonds as required by Section I 47(t) of the Internal Revenue Code of 1986, as an1l'nded, and Section I ~.2-490(Í of the Code ofVinÜnia of 19~O. as amended - . Attached hereto is (1) a celtiticate evidencing the conduct of the puhlic bearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested bv counsel to evidence vour approval. --', ¡k;A-. ø..~/'- . .~ - . - - Secretary, Industrial Development Authority of the City of Roanoke, Virginia CERTI FICA n: The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (" Authority") certifies as follows: I. A meeting of the Authority was duly called and held on October II, 2006, at 8:00 o'e1oek a.m. in the Economic Development Conference Room in the Ot1ice of Economic Development of the City of Roanoke located at III Franklin Plaza, Suite 200. Roanoke, Virginia 240 II, pursuant to proper notice given to each Director or the Authority befl)"e such meeting. The meeting was open to the public. The time or the mel'1ing and the place at which the meeting was held provided a reasonable opportunity tlJr persons of difl'ering views to appear and be heard. 2. The Chairman announced the commenccment of a puhlic hearing on the application of Virginia Lutheran Homes, Inc. and that a notice of the hearing was published once a week tl1r two successiw weeks in a newspaper having general circulation in the City or Roanoke. Virginia (the "Notice"). with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has heen tiled with the minutes of the Authority and is attached as Exhibit A. :ì. A summary of the statements made at the public hearing is attached as Exhibit B. -l. Attached as Exhibit C is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Rl,solution. The Resolution has not been repealed. revoked. rescinded or amended and is in full turce and etIect on this date. ··117:'X2·U WITNESS nlV hand and the seal ot"the Authoritv. this 11th day of October. 20(l6. ~ ~ J [SEAL] b/. /m~........ /ín'1.. Secretary. Industrial Dl'vclopmcnt Authority of the City of Roanoke. Virginia Exhibits: A - Copy ot"Ccrtiticd Notice ti-om Newspaper B - Summary of Statements C - Public Hearing Resolution -2- EXIIIBIT A ~he ~oa=:okc ~i~cs E'Jacoke. Vi~a~nia Affida~it of ?~~lic~=io~ The ~oa~oke Times CAXE28N c. BERHA~= A~S TECH ~CG~!~E ~OGD8 CONSU~?::~Gt LLC 901 E CARY E~PE2~ R!C~XOND VA 233:S-~03J ?E?3P.3NCE: ìùJOüG:;a 38Ba~·30 NO~!CEOFP~2~ICHEA~I?i St3te o~ Virgin~a Cl ty of ?::-....anoke I, (the u:ldc:::-s:"gncd) an aut.ho~~i3t::d. ~epresent.a::':'vc of 'the Times-~or~d CO~p0~at:"~n, ~~i=h corporatio~ is p:lblisher af the Roanoke Times, a daily ~e·.·¡s;::.J.pe.r: publ:'shed in Roano!:.e, i:1 the Sta.=e of Virginia, do certi~y that the a~cexed ~ot~ce was publ:"shcd in said ne~spapers O~ the fcllow:"ng ::iütes: Ci~7/CO::L::Y c~ 2oanùke¡ Ccx~onwea:th!State of v1rq~nla. Swcr~ 3nd subscribeà be:ore ffie t~is _!.£}h-_d3.Y c: Oct:o:O~r 2006. ~'ìit::ess ï.:y ha:"'.d 2.r..d o:ficoa~ seal. ~ ~"j;'i:llLc;.rL... -0f¿.j7j;¡;¡J0t...",y fclblie Mò· co~so::o ",,"pc.. c ·:LT-~---~¡;;...2j){iL. PT.1Eìl.IS;'¡.~,[ eN: 09/-::'7 lJ/O·~ TOTAL COST: 6~a.66 FILED ON: ~0/10!~6 - - - - - - - - - - - -1 - - - - - - - - - - - - - - - - - - - - - - - .. .- - - - - - - - - - - - - - + . :t;~:~;~:'~_('~~~_______. '·"i., I, : ) '.. .. +. "> evex- Services Rep~ese::ta:ive · .,......' . ,---------= ---.-., NOTlCE:OF PUBLIC HEÄliiNGIiN ''')iiOPÓSED' ',' IREVENutBOND i . RNANCING BY ·1 ':INDUSTRIAL ',' "DËVELOPMENT , AimiliiilTYOF " , i "TlifciIY'or' I' ROANOKE;:VIRGINIA ' ! ~oli¿e i!¿:¡¿~~·.~i~~~ tha; l, 1 the Industnal'Oeve!opml!nt~: .' Authority 01 the~City of I. I R oa n'o'k"e'; .,v,¡ r gi n i a I' ,1"Authorlty.")I.will holo a ' i pUblic.liearing'o·n 'the'l : application;.of~Vi(ltlni a : I Lu\hefa~;Homes,·lnc., a'l not·(Ir-pro!;t"Vlrg¡n;a I' I nonstock corporalion ¡the "!3orrO\¡'er").~reque~1irg the I' IAuthoTlty:to:lssue up to S18,OOO,OOO of its revenue ~ 'I bon~s: ~n.o.ne.or more series I, from,lImc'lo'time:to'bl!'! used 10 fln,lIlce'or rellnance 'I' l(l,the èosts ofconslructing : and equippin~ an expilnsion I: I to the'80rr'ower's existln'g:' residential"ca'refClcilih,iorl' Itho aged.lInown as Brandon. ,oak5:Jlocated:al 3804 'I I· Brandon A~en\le, in.lhe C!ty I . of RoCl noke :~:Virgini,l 'I"BHlñøon.OakS'j::consisling I Irif·(dì'¡in.app:roiimat~ly.·, ,40.000 square foot 3·story· I bulldinlf1o<hol.ose 24' . independenlliving u~il5 and I ¡b,'an approx,m,lIelY 40.000 ,'squarc'foot,:3-story hUlldhig '1 to house 40·assisted.li~ing, , \.II~ i 15 it ~h.e; '.P,rojec!" l: I' ï:~~'~g~~~~:~~~~'~~~:d C~~I~~~, : ¡Projecf,¡2)·other.callHa,·\' I ex pel~dl.IU res at B.randon I' 'OaKS. working capltal.all(l ~. 1 capitalized interl!'st. and \3!1 amounlsrE!quiredlo'funda, 'I (Iebt ser~ice'rescr;oe fund I and to p~y.costs of isSu'ance: : a ri d..o the ¡'~c ~ pe nses ',i,; I' Iconnecllon with the issuance: of thë bonds.' ~'. .<~.., ' .~:. , . 'I The issuõlnce"of re';cnuel bo~ds .;¡s'request.ed by the l · Borrower.wlll not constItute! la'ceb' or pltldgc'of,lhefõlith I' a'n'd"'c rc d i·t.;::o f. 't 11 ~ · Commonwealth of Vir~inla or I' 'I U",eCitYof.Ro,jriokil. Virginia. andfiiE'lltierhlhe·faith.and'I' ,Ci'l:!dit"nor the ¡a-.ing·power IOf.thtl'Cõmmonwealth of~: .Virgini¡¡:or anY'political[ Isubdi'iISlon·thereofwil1"be.. .'pled~e(l·!O,lh,! p.aYin~nt of I Isuchbonds... ....,_... Th.e p..blic he~r'rg:,wti!Ch'l mõlv'be continued'or:' laoJourned, Will be held al" , 8;00 o'clock ,1.m:ori Octobcr I' 111:~'2006:':'b'e'fore 'lhe : Auu·.orlty·:,ln Ihe'Ec'onomict Development Conference [ [Room in·the."Olflce of Economic Oe~élopment of·' IheCltyol Roanoke. located I 1 at 111 Franklin"Plam, Suite 200, Roanok'e:Wlrginia' 12401:1.: .I:Any~pe~s·on intercst~d in .tha issuance of . the bonds or,tne location or' :!\ature'ofthe'proposedl I· project may:appear.at the hear¡ng·andpresent.his·or: ¡her vicws::ïnformationl I· regarding the' Borrower's I applicalion is on file an'd 151 10pe:1fOririspectlonatthe' õAuthoi'itv:s'office'l11 [Franklin:Plaiã','suIIC 200. Roanoke .Vlrginia· 24011, ; .' dunng business hours. '.~. [ Ilndustrl.<~!...~~y·~~~p.me.nt · . Authority .":'.. ..;'. ' ; I ~.f t.h.e..~ity ;.~.f .R~.1.n.o.ke, I : ¡:::::,ô\L ",',:::;;" ,I :I EX II IßIT ß Summary of Statements Rl'presentatives ofYirginia Lutheran Iloml's. Inc. appeared before the Authority to explain the project and the tinancing. "10 one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE 1000DCSTRTAL J)EVELOI'.\lENT AUTHORITY OF THE CITY OF HOAl\OKE, VIRGI:\'I.>\ AUTIIORIZI:\'G THE ISSl'.\i>õCF. OF rp TO 518,000,000 Rn"£:\'lJE BONJ)S }'OR TilE BEl\EFIT OF VIRGli>õTA LlITHERAN IH):\ŒS, INC. WI-lEREAS, the Industrial Deveiopment Authority of the City of Roanoke. Virginia. a political subdivision of the Commonwealth of Virginia (the ".'\uthorit~,,,). is empowered by the Industrial Development and Revenue Bond Act, Chapter 49. Title 152. Code of Virginia of 1950. as amended (tht, "Act"). to issue its revenue bonds to protect and promote the hcalth and wclt¡lrc of the inhabitants of the Commonwealth of Virginia by assisting in the rclinaneing of medical facilities and facilities f(lr the residence or care (If the aged owned and operated by organizations which are exempt from ta:-;ation pursuant to Section 501(e)(3) of the Internal Revenue Code. as amended: WHEREAS, the Authority has received a request fi'om Virginia Lutheran Homes. Inc. a Virginia non-stock. not-for-profit corporation (the "Borrower"). requesting that the Authority issue its revenue bonds to assist in financin!! or refinancin!! (I) the costs of construction and - - , equipping an e:-;pansion to the Borrower's e:-;isting residential care làcility for tile aged known as Brandon Oaks. located at 3804 Brandon Avenue, in the City of Roanoke, Virginia ("Brandon Oaks"), consisting of (a) an appro:-;imately 40.nop square f(lot, 3-stOI'\I building 10 house 24 independent living units and (b) an apprn:-;imately 40,000 square foot. .i-slOry building to house 40 assisted li,'in!! units (the "Project"). including refinancing certain indebtedness related to the ...... . - ~- Project. (2) other capital expenditures at Brandon Oaks. working capital and capitalized interest. and (3) amounts requirt,d to fund a debt service resef\'e fund and to pay costs of issuance and other e:-;penses in connection with the issuance of the bonds (the "Plan of Financing"): WHEREAS. such assistance will benefit the inhabitants of the City of Roanoke, Virginia and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safetv, health, welfare, convenience or prosperity: WHEREAS, preliminary plans tlJr the Plan of Financing have been descrihed to the Authority and a public hearing has been held as required by Section J'17(t) of the Internal Revenue Code of 19S6, as amended, ("Code") and Section 15,2-4906 of the Aet; WHEREAS. the Borrower has represented that the estimated cost of the financing of the Plan of Financing and all expense.s of issue will require an issue of revenue honds in the aggregate principal amount not to e:-;cced S IS,OOO.OOO: WHEREAS, (a) no member of the Board of Directors of the Authority is an oftìcer or employe.e of the City of Roanoke. Virginia. (b) each member has, before entering upon his duties during his or her present term of ol1ìce. taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950. as amendecl and (c) at the time of their appointments and at all limes thereafter, including the date hereo[ all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act: and WIIEREAS, no member of tbe Board of Directors of the Authority has any personal interest or business interest in the Borrower PI' the bonds or has oth('rwise engaged in conduct prohibited under the Contlict of lntcrcsts Act, Chapter 31. Title 2.2 of the Code of Virginia of 1950. as amended (the "Conflict otïnterests Act") in connection with this resolution or any other official action of the Authority in connection therewith. NO\V, THEREFORE. BE IT RESOL Vr.D BY TilE I:\DUSTRIAL DEVELOP\1E\lT AUTHORlTY OF THE CITY OF RO,""-'t\:OKE. VIRGINlA: 1. It is hereby ¡,'und and determined that the construction and equipping of the Project will be in the public interest and will pl'Llmote the commerce, satèty. health. welfare, convenience or prosperity of the Commonwealth of Virginia, the City of Roanoke, Virginia and their citizens. ... The Authoritv hereby agrœö to assist the Borrower in financing or rctÌnancing the Plan of Financing by undertaking the issuance of its revenue bonds in an amount not to exceed $] 8,000,OlJO upon terms and eonditions mutually agreeable to the Authority and the Borrower. The bonds will be issued pursuant to document's satisfactory to the Authority'. The bonds may be issued in one or more series at one time or from time to time. 3. It having bC('n represented to the Authority that it is necessary to proceed immediately wit.h the Plan llf Financing. and tIll' planning therefor, the Authority agrees tbat the Borrower may proceed with plans tor the Plan of Financing. enter int'o contracts for land, construction, materials and equipment for the J'rojL'Ct. and take such other steps as it mav dccm appropriate in connection with the Plan of Financing, provided, however, that nothing in this resolution shall bl' deemed to authorize the Borrower to obligate the Authority without its consent in cach instance to the payment of any moneys or the performance of any acts in connection with the Plan 01' Financing. The Authority agrees that the Borrower may be reimbursed from the proceeds of the bonds fl'lr all cxpenditures and cOöts so incurred by' it, provided such expenditures and costs arc properly reimbursable under the Act and applicabk federal laws. 4. At the request of the Borrowe.', the Authority approves i\kGuirc\\'oods LLP, RidllllOnd, Virginia. as Bond COUIlSel in connœtion with the issuance oflhe. bonds. 5. All costs and expenses in connection with the finaneing or relinancing of the Plan of Financing and the construction and equipping of the Project. including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower or, to the extent permitted bv applicable law. fi'om the proceeds of th~ bonds. If for any reason such bonds are not issued. it is unden;tood that all such c.xpenseö shall be paid by the Borrowcr and that the Authority shall have no responsibility tberel')r. 6. In adopting this resolution the Authority intends 10 take "ot1ic.ial action" toward tbe issuance ofthc bonds and to evidence its "official intent" to reimburse tram the proceeds of rhe bonds any expenditures paid by the Borrower to {inance or refinance the construction and equipping of the Project and the planning therefor before the issuance oftbe bonds, all wirhinthe <> meaning of regulations issued by the lltlemal Revenue Service pursuant to Scctions 103 and 141 through l50 and related sections of the Code. 7. The Authority recommends that the. City Council of thc Citv of Roanokc. Virginia. approve the issuance of the bonds. s. :\0 bonds may bc issucd pursuant t<.> this resoluti<.>n until such t.ime as the issuance of the bond~ ha, bccn appr<.>ved by the City Council oCthe. City of Roanoke. Virginia. 9. This resolution shall takc effect il1ll1ll'diately upon ilS adoption. , -."!- ,0~ ~) CF:RTIFICATE The undersigned Secretary of the Industria of the City of Roanoke. Virginia (the "Authority") certifies tha e foregoing is a true, correct and complete copy of a resolution adopted by ." Directors of the Authority po _1 ~ I ",d . ',I:..¡:: at a meeting duly called and held on October II, 2006. in accordanCt' with law, and that such resolution has not been repealed. revoked. rescinded or amended but is in tùll force and elTect on this dale. WITI\ESS the fi.lllowing signature and sea! of the Authority. this II th day of October. 2006. ~ ..~¥ ..... Secretary of the Industrial Development Authority of the Cit~, of Roanoke. Virginia [SEALl FISCAL IMPACT STA TDIENT FOR PROPOSED 80:'111) FIi"ANCIl'lG Date: October II. 2006 To the City Council City of Roanoke. Virginia Applicant: Facility: Virginia Lutheran Homes. Inc. Financingírcfínancing residential care f~lcility f()r the aged, capital improwments and additions I. :\1aximum amount of fínancing sought. s 18.000.000 1. Estimated taxable value of the I~lcility's real propeny to be constructed in the locality. s 12.000.000 3. Estimated real property tax per year using present tax rates. s 14,280 4. Estimated personal property tax per year using present lax rates. s NíA 5. Estimated merchants' capital tax per year using present tax rates. s None 6. (a) EstimatL'd dollar value per year of goods that will be purchased from Virginia companies within the locality. $ 90.200 (b) Estimatcd dollar value per year of goods that will be purchased from non-Virginia companies within the $ 107,729 locality. (c) Estimated dollar value per year of services that will be purchased from Virginia companies within thc locality. $ tiO.OOO (d) Estimated dollar value per year of services that will be purclJ:L~ed from non-Virginia companies within the $ 0 locality 7. Estimated number of regular employees on ycar round basis. IOFTE 8 A wrage annual salary per employee. $ 20,141 .. - . l~urman. Industrial Devclopment Aut 10''- of the City of Roanoke, Virginia GLENN FELDMANN DARBY& GOODLATIE 21,; ..... :\":;r..... '.'. '"'::1,'::'.1 r "I f."\:":i,"v j:,,'," '-" F.. ',l r. ,~.l· ,,'. :"!.:.: ¡, .'__.i'i! . .'·1, ~ :' "·1 ", !, il ' ¡: ".;.: ~.: I ' .: .!.. ".! '~" i C' 1.,·.,,:'·1·.,· ,"'. @"'''WOIt( .. .., ;'"V'Y'" ~ 6 ~ Co ) 000'" .t?fRI1f''' H,\I(IILLL ~1. ,1).\I~H.)"!'!<'Y'T ~, prl'" :1'7 1)11LI.:I [)l~d (~..¡L1 ~£l£f.¡r/lOb '_"..: .:.1 "I 1"'- I I: -11~;= I hdarb~'llf:g lilg .~·III:1 October II. 2()06 HAND DELIVERED Stephanil' \1oon Assistant City Clerk. City of Roanoke. Virginia 456 ,vlunieipal Building 215 Church Avcnue. S.W, Roanoke. VA 24011 RE: Industrial Development Authority of the City of Roanoke. Virginia Proposed Financing for Virginia Lutheran Homcs. Inc, Dcar Stephanie: I am delivering with this letter doeumcntation regarding thc proposed bond tinaneing for Virginia Lutheran Homes. Ine, to be forwarded to City Council for its consideration at its next meeting. October 19. 2 (()(j , Pleasc feel ti'cc to contact me should you requirc anything furthcr. Vcry truly yours. ~ Ilarwell M. Darby..Ir. J 1\1D.lR:ilv\\:004212~ Enc, al· ~jlA", ,. .~..., .'l" . . 'n CITY OF ROANOKE OFFICE OF THE CITY CLERK 2\5 Church Awnue. S. W.. Room 456 Roanoke. Virginia 240 \\-\5.16 Telt'phollt': (.5"'0; S5J-2541 Fax: l5411) S53-11.:15 E-mail: .;lcrk@.:I"t~an(lke\'a.gtl\' SHEILA ~. HARnlAN Assistant Cit)' C1~rk STEPHAKIE M. \100K. OK Al'ting Cit)" ekek October 23,2006 File #467 David B Carson, Chair Roanoke City School Board P. O. Box J 3145 Roanoke, Virginia 2403 J Dear Mr. Carson: Your request, on behalf of the Roanoke City School Board, that a public hearing be held on Monday, November 20, 2006, at 7:00 p.m., or as soon thereafter as a matter may be heard, on issuance of VPSA School Financing Bonds for the Patrick Henry High School project, was before the Council of the City of Roanoke at a regular meeting held on Thursday, October J 9, 2006. On motion, duly seconded and unanimously adopted, Council concurred in the request. Sincerely, ~~~Y'to~ Stephanie M. Moon, CMC Acting City Clerk pc: Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk of the Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 2403 J Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. 5tovall, Director, Management and Budget City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Chair Alvin L. Nash, L"kë' Ch.:7ir Jason E. Bingham Mae G. Huff William H. Lindsey Courtney A, Penn Todd A. Putney ~1arvin T. Thompson, 5'upc¡intendent Cindy H. Poulton, Lìèrk 0; the Board October 19, 2006 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on October 10, the Board approved the attached resolution to participate in the Spring 2007 Unsubsidized VPSA School Financing Bonds in an amount not to exceed $4,830,000.00. The proceeds of the bond issue will be used for the Patrick Henry High School project. The School Board will pay the debt service on the VPSA School Financing Bonds in the amount of $425,500.00. Under the Public Finance Act, a public hearing on the issuance of the VPSA bonds for Patrick Henry High School must be held before the bonds may be issued. Accordingly, the School Board requests that City Council authorize publication of a notice of public hearing for a public hearing on the issuance of these bonds, and authorize such public hearing to be held at Council's November 20, 2006 meeting. The Roanoke City School Board appreciates the assistance of the City Administration in conducting the necessary public hearing required for participation in the VPSA bond issue. Sincerely, ~0~' (AHJÁ-o;:¡; Cindy H. Poulton Clerk of the Board re Ene. cc: Mr. David B. Carson Mr. Marvin T. Thompson Mr. Kenneth F. Mundy Ms. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall ROANOKE CITY SCHOOL BOARD October 10, 2006 RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS, AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR BOND FINANCING, AND REQUESTING ROANOKE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES BE IT RESOLVED: 1) The School Board of the City of Roanoke, Virginia hereby (i) approves capital improvements for the construction of a new Patrick Henry High School at an estimated cost of $53.6 Million (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking bond financing in an amount not to exceed $4,830,000.00, and (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $4,830,000.00, for the purpose of financing a portion of the cost of the Project. 2) This resolution shall take effect immediately by the following recorded vote: David B. Carson, Chair Alvin L. Nash, Vice Chair Jason E. Bingham Mae G. Huff William H. Lindsey Courtney A. Penn Todd A. Putney Yea .¡ .-L -L- v' -- .... of ~ Nay The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 10th day of October, 2006. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this 10th day of October, 2006. ( SEAL) w~~ Clerk, Sc 00 Board of City of Roanoke, Virginia CITY OF ROANOKE DEPARTMENT OF fTNANCE .JESSE A. HALL 215 Church Avenue. S.W.. Room 461 P.O. Hox 1220 Roanoke. Virginia 24006-1220 Telephone: (540.) 853-2821 Fax: (5401 853-6142 ANN H. SHAWVER Deputy J)iret'tor CIIl.lil. ann ¡;haw\cr·.~i·cl.r'lam'kc.\;l.U.~ Directur of Jtïnance e!n¡lil· ie~:;e hal1:i1:ct r\l¡l11okc \·;¡.II~ October J 9, 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: Authorization to Publish a Notice of Public Hearing As the result of official School Board action at its meeting on October J 0, the Board approved a resolution to participate in the Spring 2007 Unsubsidized VPSA School Financing Bonds. Proceeds of this bond issue in the amount of $4.6 million will be used for the Patrick Henry High School project which has a current estimated cost of approximately $54 million. The School Board will pay the debt service on the VPSA School Financing Bonds, and this debt service is estimated at approximately $425,500 for the first year of debt service based on current market conditions. Under the Public Finance Act, a public hearing on the issuance of the VPSA bonds for Patrick Henry High School must be held before the bonds may be issued. Accordingly, the School Board requests that Council authorize publication of a notice for a public hearing on the issuance of these bonds, and authorize such public hearing to be held at City Council's November 20, 2006 meeting. Authorization for issuance of up to $4,830,000 million in VPSA bonds is requested. While construction proceeds of $4.6 million are needed for the project, issuance of up to $4.83 million is recommended for approval to ensure that adequate funds are received in the event that the bonds are issued at a Honorable Mayor and Members of Council October J 9, 2006 Page 2 discount. While the issuance of more principal would increase the amount of outstanding debt of the City, it is projected that debt issuance in a discount environment at a higher amount of bond principal would yield similar annual debt service to that of lesser bonds issued when not in a discount environment. Therefore, this increase in recommended maximum amount of principal does not have a significant negative impact on the status of the City's debt policy limits. We recommend that you concur with the School Board's request to conduct the necessary public hearing required for participation in the VPSA bond issue. Sincerely, !~~);t.~~. A . ._/7 "Jl/! i«õ"" --f Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, Acting 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 215 Church Avenue. S. W.. RLlLlITI 456 Roanoke. Virginia 241)] 1-1536 T(']('ptl(llle: 1540) ~53-::!541 fa,: ¡54!)) ~5.1·114S E-mail: clerk<!!.roam1kc\"a.¡;l.lv SHEILA N. ¡¡,\In.\I''!,; A.~sistanl City Ckrk STEPHA!';IE ~I. ~IOON. Ole Actlllg City Ckrk October 23, 2006 File #60-270 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37548-101906 appropriating funding from undesignated fund balance for the Capital Maintenance and Equipment Replacement Program (CMERP), funding from the Commonwealth of Virginia, funding from the Western Virginia Water Authority, and funding from the Economic and Community Development Reserve and the Reserve for Self- Insured Claims, and amending and reordaining certain sections of the 2006- 2007 General, Civic Facilities, Capital Projects, Market Building, Department of Technology, Fleet Management, Risk Management and Grant Funds Appropriations. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 2, 2006, also adopted on its second reading on Thursday, October J 9, 2006, and will be in full force and effect ten days following the date of adoption· of its second reading. Sincerely, ~ 'rrl. 'rr¡~ Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager '7 'Vy- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37548-101906. AN ORDINANCE to appropriate funding from undesignated fund balance for the Capital Maintenance and Equipment Replacement Program (CMERP), funding from the Commonwealth of Virginia, funding from the Western Virginia Water Authority, and funding from the Economic and Community Development Reserve and the Reserve for Self-Insured Claims, amending and reordaining certain sections of the 2006-2007 General, Civic Facilities, Capital Projects, Market Building, Department of Technology, Fleet Management, Risk Management and Grant Funds Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2006-2007 General, Civic Facilities, Capital Projects, Market Building, Department of Technology, Fleet Management, Risk Management and Grant Funds Appropriations be, and the same are hereby, amended as follows: General Fund Appropriations CMERP - Equipment Purchases CMERP - Equipment Purchases Center in the Square Jefferson Center CMERP - Equipment Purchases Fees for Professional Services CMERP - Equipment Purchases Youth Scholarships CSA Vendor Fair Citizen Police Academy Homeland Defense Project Life Saver CMERP - Equipment Purchases Transfer to Civic Facilities Fund Transfer to Capital Projects Fund Transfer to Market Building Fund Transfer to DOT Fund Transfer to Fleet Management Fund Transfer to Risk Management Fund 01-121-2131-9132 01-124-2120-9132 01-300-7220-3706· 01-300-7220-3893 01-530-4110-9132 01-530-4120-2010 01-620-7110-9132 01-620-8170-2302 01-630-5411-2217 01-640-3114-2132 01-640-3114-2164 01-640-3114-2169 01-650-7310-9132 01-250-9310-9505 01-250-9310-9508 01-250-9310-9509 01-250-9310-9513 01-250-9310-9517 01-250-9310-9519 $ 21,700 5,625 50,000 32,200 40,000 18,035 28,750 4,457 7,693 103 391 18,060 25,000 516,498 1,209,677 263,000 200,000 429,000 250,000 Transfer to Grant Fund 01-250-9310-9535 60,000 Revenues Billings to VVVVVA - Paving Program 01-110-1234-1514 18,035 Fund Balance Reserved for CMERP - City 01-3323 (2,912,154) Reserved for Self-Insured Claims 01-3327 (250,000) Civic Facilities Fund Appropriations CMERP - Equipment Purchases 05-550-8616-9132 516,498 Revenues Transfer from General Fund 05-110-1234-0951 516,498 Capital Proiects Fund Appropriations CMERP - Equipment Purchases 08-300-9829-9132 235,000 CMERP - Equipment Purchases 08-310-9737-9132 80,000 CMERP - Equipment Purchases 08-310-9799-9132 100,000 CMERP - Equipment Purchases 08-310-9843-9132 75,000 CMERP - Equipment Purchases 08-440-9861-9132 80,000 Contingency 08-530-9575-9220 240,850 CMERP - Equipment Purchases 08-530-9752-9132 89,437 CMERP - Equipment Purchases 08-530-9850-9132 50,000 CMERP - Equipment Purchases 08-530-9851-9132 65,000 CMERP - Equipment Purchases 08-620-9748-9132 (227,810) CMERP - Equipment Purchases 08-620-9758-9132 12,000 CMERP - Equipment Purchases 08-650-9747-9132 335,000 Appropriated from General Revenue 08-660-9785-9003 75,200 Transfer to Market Building Fund 08-530-9712-9504 274,300 Revenues Transfer from General Fund 08-110-1234-1037 1,209,677 Fund Balance Economic and Community Development Reserve - Unappropriated 08-3365 (274,300) Market BuildinQ Fund Appropriations Appropriated from General Revenue 09-310-8135-9003 263,000 Appropriated from General Revenue 09-310-8136-9003 274,300 Revenues Transfer from General Fund 09-110-1234-0951 263,000 Transfer from Capital Projects Fund 09-110-1234-1237 274,300 Department of TechnoloQY Fund Appropriations Reserve - Future Capital Outlay 13-430-1602-3028 549,494 CMERP - Equipment Purchases 13-430-1602-9132 200,000 Revenues Transfer from General Fund 13-110-1234-0951 200,000 Voting Systems-Commonwealth 13-110-1234-9894 549,494 Fleet ManaQement Fund Appropriations CMERP - Equipment Purchases 17-440-2642-9132 429,000 Revenues Transfer from General Fund 17-110-1234-0951 429,000 Risk ManaQement Fund Revenues Transfer from General Fund 19-110-1234-1037 250,000 Retained Earnings Reserve for Self-Insured Claims 19-3327 250,000 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 60,000 Revenues Local Match Funding for Grants 35-300-9700-5207 60,000 ATTEST: ~~ V'v\.~ Q ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER i\od C. Taylor Munkipc'll Building :!.15 Church ¡\\'ènUe, S.VV... Room 36-t. RlMllllkl\ Virgini., 2·W11-l~9] Tvll'ph"llL': '1:)·\11) tl"'-~'.1"'\ 1 ,1".: (::;;·III).'h.1-11.1:-; ('lly \\'L,b: w\\"\\".1"\1.111(l[.;t.'V,l.g(\\" October 2, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe. Jr., Council Member Honorable Beverly T. Fitzpatrick, 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: Use of Undesignated Fund Balance (Capital Maintenance and Equipment Replacement Program - CMERP) Background: City Council was briefed on the unaudited FY 2005-06 financial performance and the undesignated fund balance on August 2 J, 2006. The year end undesignated general fund balance is used for our Capital Maintenance and Equipment Replacement Program (CMERP) and totals $2,912,154. In addition, unobligated prior year CMERP funding in the amount of $227,810 is available for reappropriation. This funding was appropriated for the purchase of property for soccer field use and we have not been able to acquire the property as planned. Funding in the amount of $ 549,494 has been received from the state as a reimbursement for the purchase of electronic voting equipment. Funding for this equipment was front funded in a prior fiscal year from technology capital funds with the anticipation of reimbursement. Also, anticipated revenue in the amount of $18,035 from the Western Virginia Water Authority for paving activities performed by Mayor Harris and Members of City Council October 2, 2006 Page 2 the Transportation Division and $274,300 from the Economic and Community Development Reserve for maintenance work at the Market Building require appropriation. The total of all funding sources outlined above is S3,98J ,793. Requests for CMERP funding totaled approximately $8.9 million. These requests were prioritized by the assignment of a high, medium or low priority designation. The requests designated as high priority totaled approximately $6.8 million. City Code stipulates that $250,000 of undesignated General Fund balance shall be reserved annually for self-insured liabilities of the City. The maximum balance of the reserve is three percent of the total General Fund appropriations for the concluded fiscal year. As such, at June 30, 2006, $250,000 was reserved in the General Fund for self-insured liabilities. Considerations: On September 8, 2006, City Council was sent a list of the items tentatively recommended for funding. A list of the final funding recommendations is attached (Attachment J) and addresses the following categories: · Contributions/Commitments · Capita/Improvements · Market Area · Technology · Fleet Management · Civic Facilities · Equipment · Carryover Items Total $572,200 654,272 537,300 749,494 370,000 5 J 6,498 551,325 30.704 $3,98J ,793 Mill Mountain Zoo submitted a funding request which included capital improvement items totaling approximately $900,000. The request was received after the CMERP funding recommendations had been finalized. At this point, there is a need for additional dialogue with representatives of Mill Mountain Zoo to fully understand their plans to address American Zoo and Aquarium Association (AZA) accreditation issues. It is our intent, following this dialogue, to develop a formal recommendation to City Council within the next forty-five days. This report recommends the allocation of $240,850 to capital project contingency which can be used to support the zoo or other projects. Mayor Harris and Members of City Council October 2,2006 pag e 3 Recommended Action: Following a public hearing, concur with the funding recommendations and appropriate funding to the proper accounts as detailed on Attachment J. Appropriate $250,000 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund. Establish a revenue estimate of the same amount in the Risk Management Fund representing this transfer. Reallocate unobligated prior year CMERP funding of $227,810 from the IDICO Property Purchase account (08-620-9748-9132) to support the appropriations on Attachment J. Respectfully submitted, Darlene L. Burcham City Manager DLB:am c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CM06-00162 Attachment 1 Recommended Expenditures - Justification Contributions/Commitments - $572.200 1. Grandin Theatre - $80.000 - Funding will provide the fifth of five installments to support the renovation of the Grandin Theater. 2. Total Action Aaainst Povertv/Dumas - $100.000 - Funding will provide the fourth of five planned installments to support the renovation of the Dumas facility. 3. Mill Mountain Theatre - $75.000 - Funding will provide the final installment of a $200,000 commitment to support capital improvements. Mill Mountain Theatre requested the remaining commitment of $ 75 ,000 in a single year to match state funding rather than over three years as planned. 4. Center in the Sauare - $50.000 - This funding will support capital improvements which will result in reduced expenses. 5. Jefferson Center - $32.200 - This funding will support capital improvements which will allow the Jefferson Center to increase revenue. 6. Percent for the Arts - $235.000 - This funding will provide for the purchase of public art and is based on J % of the construction costs for the following facilities: · Municipal North Building · Fire-EMS Facilities (Phase I) · Police Building (Phase II) · Downtown West Parking Garage · Civic Center (Phase II) Capital Improvements - $654.272 1. Parks & Recreation - $130.187 a. Reserve Avenue Soccer Fields - $89.437 - Funding previously appropriated for the purchase of property for use as soccer fields is recommended for reallocation to provide remaining funding for sod, utilities, seeding, water cannons, fencing and field covers. b. Swimming Pool Security - $28.750 - Funding will be utilized to purchase fencing to provide security. c. Skate Park Safety and ADA Improvements - $12.000 - Funding will be utilized to provide improvements impacting safety and ADA requirements at the skate park. 2. Enaineerina - Lick Run Channel Repairs - $50.000 - This funding will be utilized to make repairs to the Lick Run Channel. 3. Street Pavina - $ J 8.035 - This funding will be utilized for street paving and represents anticiþated revenue from the Western Virginia Water Authority for paving activities done by the Transportation Division. 4. Environmental and Emeroencv Manaoement - Emeroencv Shelter Studv - $75.200 - This funding will be utilized for a study of emergency shelter connections for generator capacity. 5. Manaoement and Budoet - $60.000 - This funding will be utilized to provide matching funds for competitive grants. 6. Continoencv for Unanticioated Caoital Exoenses - $320.850 - This funding will be utilized for unanticipated capital expenses. Market Area - $537.300 Funding in the amount of $263,000 will be utilized to renovate the market awnings. Funding in the amount of $274,300 from the Economic and Community Development Reserve will be utilized to make selected interior and exterior renovations such as the replacement of exterior doors, painting, and the addition of security cameras in advance of the development of a final plan for the building. Technoloov - $749.494 Funding in the amount of S200,000 from the undesignated fund balance and $549,494 received as state reimbursement for the voting machine equipment will supplement the $667,268 in the Technology Fund budget. The funds will be used to address prioritized technology needs. The goal is to grow the annual budget for technology capital items to $1.5 - $2 million. Fleet Manaoement - $370.000 Funding in the amount of $350,000 will supplement $2,240,327 in the Fleet Management budget for the replacement of vehicles and equipment. The goal is to grown the annual budget for fleet replacement to $3 million. Funding in the amount of $20,000 will be utilized to purchase flippers for solid waste trucks. Civic Facilities - $516.498 Funding will be used for the purchase of the items outlined below for the Exhibit Hall. The use of the undesignated fund balance is recommended for these items due to lack of sufficient retained earnings in the Civic Facilities Fund. . Exhibit Hall Sound System - $J 80,000 . Exhibit Hall Furniture, Fixtures and Equipment - $336,498 Eauipment - $551,325 1. luvenile and Domestic Relations Court - $21.700 - These funds will be utilized to purchase seating for the waiting room outside the courtroom. 2. General District Court - $5.625 - These funds will be utilized to purchase fax machines, shredders and a copy machine. 3. Fleet - Vehicle/Equipment Lifts - $59.000 - These funds will be utilized to purchase two standard vehicle/equipment lifts and one heavy equipment lift. 4. Library - $360.000 a. Openina Dav Collection for Renovated Branch - $335.000 - This funding will be utilized to purchase the opening day collection for the anticipated renovated library branch. b. Main Library Teen Seatina - $25.000 - This funding will be utilized to purchase seating for the teen population of patrons at the main library. 5. Public Works - $105.000 a. Wavfindino Signaoe - $65.000 - This funding will be utilized to replace half of the wayfinding signage in the downtown area. b. Overorown Veoetation/Allev Cutting - $40.000 - This funding will be utilized to purchase plant growth regulator and equipment to enhance alley cutting program and combat overgrown vegetation. Carryover Funds - $30.704 1. Police - $18.554 - This funding is a carryover of FY2005-06 unobligated funding from mini-grants and donations for a specific purpose. 2. Parks and Recreation/Youth Scholarshios - $4.457 - This funding is a carryover of FY 2005-06 unobligated funding from donations for youth scholarships. 3. Comorehensive Services Act - Vendor Fair - $7.693 - This funding is a carryover of FY 2005-06 unobligated funding from donations for the Vendor Fair. <P~ - .. M.: .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke. Virginia 241111-15:;6 T~'kph('nc: (5-1-0) 8:'il-.:!:í-l-1 Fax: (5J¡)185.~-] 145 E-mail: clerk@'"naTl(lkev3.gnv SHlòll.\ N. HAj{l"MAN Assisté'lnt City Clerk STEPII.-'J':IE H MOOi\. C~IC .-\Cllllg City C1t'rk October 23, 2006 File #60-270-467 Jesse A. Hall Director of Finance 'Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37549- J 0 J 906 appropriating funding from the 2006-07 Capital Maintenance and Equipment Replacement Program for the Patrick Henry High School Project, and amending and reordaining certain sections of the 2006-2007 General, School and School Capital Projects Funds Appropriations. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 2, 2006, also adopted on its second reading on Thursday, October J 9, 2006, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, M~ hl. 'rr)DðYV Stephanie M. Moon, CMC Acting City Clerk pc: Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 2403 J Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box J 3 J 45, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget () \>'<-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th"day of October, 2006. No. 37549-101906. AN ORDINANCE to appropriate funding from the 2006-07 Capital Maintenance and Equipment Replacement Program for the Patrick Henry High School Project, amending and reordaining certain sections of the 2006-2007 General, School and School Capital Projects Funds Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 General, School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Capital Projects Fund Fund Balance Undesignated Fund Balance - Schools 01-250-9310-9531 $ 861,487 01-3324 (861,487) School Fund Appropriations Transfer to School Capital Projects Fund Fund Balance Undesignated Fund Balance - Schools 30-066-7700-9531 138,513 30-3324 (138,513) School Capital Proiects Fund Appropriations CMERP - Equipment Purchases Revenues Transfer from General Fund - CMERP Transfer from School Fund 31-065-6066-6896-9132 1,000,000 31-110-1234-1356 31-110-1234-1127 861 ,487 138,513 ATTEST: . m. YhfbyV City Clerk.' l City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David A. Carson, Ch1ir Alvin L. Nash, ~'~t~e C/7ðir Jason E. Bingham Mac G. Huff William H. Lindsey Courtney Ä. Penn Todd Ä. Putney MalVin 1. Thompson, Sùperintendi..'nt Cindy H. Poulton, C/{~rk of the &'Jc7rd October 2, 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 September 12, the Board respectfully requests City Council to appropriate $1,000,000.00 in FY2007 Capital Maintenance and Equipment Replacement funds to provide for a portion of the cost of the construction for the new Patrick Henry High School. The Board thanks you for your approval of the above request. Sincerely, ~-++.P~ Cindy J Poulton, Clerk re cc: Mr. David B. Carson Mr. Marvin T. Thompson Mr. Kenneth F. Mundy Ms. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann Shawver (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue. S.W.. Room 461 P.O. ßux 122U Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 fax: (540,853-6142 AN:-; H. SHAWVER Hrlllt)" Dircr'or l·lmlll:¡l11n_~h¡¡w\cr,icll\',l.II,'kc,·.UlS JESSE A. HALL Dirt'clor ofl'inallcc ~lIIai].JCS5CJ1Jll·i~:ci.rll¡1IIIlke.\a.lIS October 2,2006 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: School Appropriation of CMERP Funds As the result of official School Board action at its meeting on September J 2, the Board has respectfully requested that City Council appropriate $ J million in FY2007 Capital Maintenance and Equipment Replacement Program (CMERP) funds to provide for a portion of the cost of the construction for the new Patrick Henry High School. CMERP funding of $138,5 J 3 is available in the School Fund, and funding of $861,467 is available in the General Fund for transfer to the School Capital Projects Fund. Following a public hearing, we recommend that you concur with this request of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, 9~A~~ Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, Acting City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools <P~ - . íli'.Al -. "-~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChUfL'h 1\ vcnllC, S. W.. R(lOIl1 -156 Roanoke. Virginia 24011·1536 Telephone: f 5..HJ.l 853-2541 F::I:-..: (5...!)) ~53-ll...5 E-m:l.Il: rkrkcg"rl1an(,k('\,3.g0\, SHEILA~. HARnlAl\ A~~i~tant City Ckrk STEI'HA~IE ~1. ~IOO1\, C~lC ..kling City Clerk October 23,2006 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37550-101906 adjusting the budget to reflect additional billings to be made to the School Board for motor fuel, and amending and reordaining certain sections of the 2006-2007 Fleet Fund Appropriations. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 2, 2006, also adopted on its second reading on Thursday, October 19, 2006, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, ~ {n. 'íryJb'rJ Stephanie M. Moon, CMC Acting City Clerk pc: Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box J 3145, Roanoke, Virginia 2403 J Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13J45, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget ') ~" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37550-101906. AN ORDINANCE to adjust the budget to reflect additional billings to be made to the School Board for motor fuel, amending and reordaining certain sections of the 2006-2007 Fleet Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Fleet Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Motor Fuel/Lube Purchases 17-440-2641-3013 $1,269,500 Revenues Billings for Motor Fuel and Lube-Schools 17-110-1234-1275 1,269,500 ATTEST: tn, h¡ (jtfYl...) City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER ;'\oel C. Toylor Municipal Building 2'15 Chlll'ch A ye'lUC. S. IV., Room 364 Roanoke. Vir¡;inio 24011-1591 T~;t.·ph'Jn(·: {5-JO) .'iSJ-23.J.3 1"-.1': (.~4-0J Fi:'~-l Uti City Wt·h: \'"\\ \\".I\).ltwb..'\·,I.gl..lV October 2, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Subject: Budget Adjustment for Motor Fuel Revenue and Expense Dear Mayor Harris and Members of City Council: Background: As a result of escalating fuel prices and Roanoke City Public Schools not having sufficient on-site storage capacity to purchase its motor fuels in large enough bulk purchases to realize volume discounts, the School Division and the City desire to enter into a memorandum of understanding wherein the School Division purchases its motor fuels from the City at dispensing facilities provided by the City. The School District will be billed at the same rate as the other fuel customers served by the City plus administrative and storage fee of ten cents per gallon (J O¢ / gallon). Recommended Action: Authorize the City Manager to execute a memorandum of understanding with the School Division implementing this arrangement; such memorandum to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to increase the revenue estimate for Fleet Management Billings for Motor Fuels (17-1 J 0-1234- J 275) by $ J ,269,500 and appropriate funding in the amount of $ J ,269,500 to Fleet Management Mayor Harris and Members of City Council September 18, 2007 Pag e 2 Motor Fuel Purchases (J 7-440-264 J -30J 3). (Yes - amount of budget amendment is over 5500,000, so state Code requires a public hearing.) vJ~ Darlene L. B 'cham City Manager DLB:kb c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CM06-00145 °05 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider a proposal to adjust the aggregate amount of its FY 2006-2007 annual budget in the following respects, in connection with appropriation of funds for its Capital Maintenance and Equipment Replacement Program (CMERP) as well as an appropriation of funds for Fleet Management Motor Fuels: FUND ADOPTED BUDGET RECOMMENDED INCREASE General Fund Civic Facilities Fund Market Building Fund Technology Fund Fleet Management Fund Grant Fund Capital Project Fund School Capital Project Fund $239,607,000 $ 5,896,954 $ 321,500 $ 6,501,281 $ 6,140,468 Not to exceed $ 664,000 Not to exceed $ 517,000 Not to exceed $ 538,000 Not to exceed $ 750,000 Not to exceed $ 1,698,500 Not to exceed $ 60,000 Not to exceed $ 1,699,000 Not to Exceed $ 1,000,000 Pursuant to the requirements of §15.2-2507, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter on Monday, October 2, 2006, at 2:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia. For further information on these matters, you may contact the Office of the City Clerk at (540) 853-2541. All parties and interested citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541 before 12:00 noon on Thursday, September 28, 2006. GIVEN under my hand this 15th day of September, 2006. Stephanie M. Moon, Acting City Clerk. Note to Publisher: Publish as a retail ad in the Virginia Section of the newspaper, two columns by 3 inches, once on, Wednesday, September 20, 2006. This is a correction advertisement and should not be billed to the City. Send Publisher's Affidavit to: Stephanie M. Moon, Acting City Clerk Room 456, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 853-2541 Send correspondence to: Department of Management and Budget Room 354, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 853-6800 Direct questions about this ad to: Amelia Merchant (540) 853-6805 (540) 853-2773 fax Amelia.Merchant@roanokeva.gov The Roanoke Times Roanoke, Virgirlia Affidavit of Publicatio~ ~he Roa~oke Times -----------------+- ~1ARY PARKER CITY OF'ROANOKE CI~Y CLERK :.lUNICIP.lIT.. 3T..DG RM 456 ROA~OKE VA 24011 lor T" ....t """""1 u-v- !-.--p '-'~Ì1 !"'.',i·; ':)":J;) ~..lrlÜ:.r.:I', \':lCõ.:J_! c¡:··rlllL'I...! REFERENCE: 10154151 9868727 mal:e good S~ate of Virginia Ci t~:( of Roanoke ~, (tee undersigned) an authorized represe~tative of the Times-World Corporation, which corporat:on is publisher of the Roanoke Times, a daily newspap~r published in Roanoke, in ¡:he State of Virginia, do certify that the annexed notice was p~blished in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~g~. Sworn and subscribed before me this _~~aay of September 2006. Witness my hand and of~icial seal. Y;' Mÿ-j ~:#n~ ~~.~ N 01:1007 Ú~~6~;::~:'~~~~'~~~~~~~~~1~;~;~ft~:~i~!;~~;tg~;~r1;·~p;i~ij;:;; , ; Ca~;i~1 ~,t~int€:'liarll;e'anc Eq . ~ . ., R· ~ .. p ~ . ,.Jr.~.O~~l~C':. on,:".I.!h. apprOi-".~atlor: o..fun(:s.(or i~s" N2';(~~~~f~~lff~Di{!~t:~¡f~~~~j~~;;;p~~~~~~ã~~~~i~?;{{~rf' "'¡.' ,.,..;.G~ r.e a, Fünd.!'<~~ ;;,i?- ~.... .~.~ ~23Q ,',07 '0" t. .~.,," ,,: ,",' . 0"." v '~'~""'I....;.' ~..µ,::'':'[~.... ..... ..-',......- ....,.~-..I',~,J.:,.;......"~, ,'.; ;J.:::·.o!J~'''o oexce-d 'ii.:66'OOOl'..·.·~·· ". 1(.~¡.,·::;~l..:v'c~,...acl',!le.s Fuhdi~·k. ~~ '-.: r' ;"5 6,'6 ,"54 '.': ;"-:-"N' ,'- !.....; ,':;. ''''f.~' . 0"' .l..<.õ::?. ...:....~...." S', " , ..... ,.::1"" 011:'1.. . ., .-' ~ toexcef.d$·.~..¡;1700'· . ,\;".:,...Ir..-;ar"'er ul!ain(JFJn'I·~:~·,,-:·'¡ç:::/~¡32150C··~·''!· N'···'··.... ..... l~;).; "jf~.£¡.H· !~r;~ifif,~~~t9ti1f~~~;1~t{1~i:J,;fi~;,~fi ii¡~~fg¡~;~fffff~"1j: '. "'.-':.. c.:¡;h;lOI Ca'o'läl p.' -t ··':¡"i:f(~:t.;. '. '-. ~ ~'ì '~.:i¡.,:.~.,Not.o flxcp.ed S~·l~o~!" 00'·,·..·, . ;. PUB!h:.~?H~~.D ON: o 91. 20 ., 'IOTA!.. FII,ED .,. COS·r',';;'·219.61 ON: 09/20/06 Au"horized ß.., '(111fT ŒJ (1... . -" S:gnature: j.:J~~-_Zt-'--~-, Bilhng Services ?epreser..tative .,Gm-;r,,,,, It . , ... .~ -. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. RlloIn 456 Ro,nllkc. Virgini, 24(H 1-15.16 Teleplwnc: 15';0) 853-25~1 Fax: 15-HlJ85.~-1145 E·m:lil: çkrkl.ª'TOannkev;I.!,;O\" SIIEIL\ N. HART:'vL\f' As.si~tLlTll Clly Ckrk STEPH·\'iIE M. ~1001\. OK ,1"cling City Clerk October 2 3, 2006 File #60-70-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37553-10 J 906 appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 2, 2006, also adopted on its. second reading on Thursday, October 19, 2006, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, ~·rn, IY¡O~ Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget James Grigsby, Assistant City Manager for Operations David Hoback, Acting Fire-EMS Chief Vincent Stover, Fire-EMS Administrator ~> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37553-101906. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY07 35-520-3336-2035 35-520-3336-2044 35-520-3336-2064 35-520-3336-2065 35-520-3336-9073 $ 85,211 10,000 70,000 5,000 60,000 35-520-3336-3336 230,211 ATTEST: ~~M.'1o~ . QZt¡;¡D City Clerk. t:; CITY OF ROANOKE OFFICE OF THE CITY MANAGER No,,1 C. Taylor Municipal lJuilding 215 Church A\'enue, S.W.. Ro,)m 364 Roanoke, Virginia 24ln 1-1591 Telt'~~hl..'lll': (5·!!)) .o{.::;¡.1-~:"ì:~:'\ F;I....: 1':">-1-(1") :'i:)3-113~ l.ïl~· We!': ,n\"\\' roanoh'\'il.gov October 2, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, 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: Dept. of Fire Programs Grant Background: The Fire Programs Fund was established by the General Assembly during the mid 1980s. Program guidelines require that funds received are non- supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. The City of Roanoke's FY07 allocation of $230,21 J from the Department of Fire Programs was deposited into account 35-520-3336-3336 from the Department of Fire Programs. The Roanoke Fire-EMS Department will appropriate these funds for the following items: Expendable Equipment < $5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Total: $85,211 $ J 0,000 $70,000 $5,000 $60,000 $230,211 Mayor Harris and Members of City Council October 2, 2006 Page 2 Considerations: City Council action is needed to formally accept and appropriate these funds. Recommended Action: Authorize the City Manager to accept the grant, to accept and file any documents, approved as to form by the City Attorney; setting forth the conditions of the FY2007 Fire Programs Funds Grant, to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for Fire Program FY07 - State and to appropriate funding in the amount of $230,2 J J in various expenditure accounts to be established by the Director of Finance in the Grant Fund. Darlene L. Bu cham City Manager DLB:tb c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Acting Assistant City Manager, Operations David Hoback, Acting Fire-EMS Chief Vince Stover, Roanoke Fire-EMS CM06-00167 CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ I" Church A venue. S. W.. Room 4"6 Roanoke. Virginia 24(1I1-15.1ñ Td~ph\ln~:: (S·lU) S53-25"11 rax: (5-Wl 853-1 [45 F.-mall: .:lcrkl£'"(I;ul(.kt'\"a.go\' SHEILA N.¡'\RT:-"L\N :\~sisl;lm Cily Ckrk STEPII.-\KIE ~1. ~IOON. 01C fkling City Ckrk October 23, 2006 File #J 84 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37554- J 0 J 906, which adopted and established Pay Plan for officers and employees of the City, effective July J, 2006, be amended to provide that the Arts Festival Director be paid an annual salary increment of $2,000.00, subject to certain terms and conditions. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting, which was held on Monday, October 2, 2006, also adopted on its second reading on Thursday, October 19, 2006, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, ~hJ. hJ(jM) Stephanie M. Moon, CMC Acting City Clerk pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget \}t-~ 1]\ THE COCNCIL OF THE CITY OF ROA;-.JOIŒ, VIRGINIA, The 19th day of October, 2006. No. 37554-101906. AN ORDINA!\CE amending Ordinance 0:0. 37385-051 106, which adopted and established a Pay Plan for officers and employees of the City effective July I, 2006. WHEREAS, in a report to Council dated October 2, 2006, the City "'1,mager has requestcll that the Arts Festival Director be paid an annual salary increment of $2,000, because thc Director is required to privately own or lease a motor v~hicIe to use in the routine course of conducting City husiness. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance :\0. 373S5-05II06, he, and it hereby is, amended to provide that the Arts Festival Director be paid 'ill annual salary increment of $2,000, subject to the terms and conditions set out jn such ordinance. 2. All other provisions of Ordinance !\o. 37385-05I10G, adopted May 11, 2006, shall remain in full force and effect. ATTEST: -f:r:- ~ ~~ M . Y"'rJ~ ~; ~:itYCIerk. K: \Mei:l.[¡"Jl"E;Ð\P.3.Y plan arr.endmer~t. doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER :--Jllel C. Taylnr Municipal Building 213 Chllr~h Avenue, S.\V., Room 36.t. Rlli.ln~lk(', Virginia 2401"1-1541 'I ('I~'~"\lwnt:': - (~·1111 .<.::;.~·21:l-; ¡:a.': (~"¡i)) "';53 11 ~t.: ( ily \\\'l"\" \\"\\'\\'.n..l11\lk¡'\ ,l....~t'\· October 2, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe. Jr., Council Member Honorable Beverly T. Fitzpatrick, 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: Amendment of Ordinance No. 37385-051 J06 - Annual Salary Increments Background: On May J J, 2006, City Council adopted an ordinance establishing a pay plan for officers and employees as well as providing for annual salary increments for certain job classifications which require the use of privately owned motor vehicles used in the course of conducting City business. On April 3, 2006, City Council approved the establishment of an Arts Festival Director to coordinate the logistical and artistic programming and marketing efforts for the festival. This job classification was not included in the ordinance providing for the salary increment. Recommended Action: Adopt the accompanying ordinance amending Ordinance No. 37385-051106 to include an annual salary increment for personal vehicle use of 52,000 for the Arts Festival Director. Respectfully submitted, Darlene L. Burcham City Manager DLB:acm c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CM06-00J 72 Ø) .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnue, S. W., Room 456 Roanoke. Virginia 24011-1536 Tt'!l.:phun\:: (5-10) 853-25·11 fa;..; CS":'O¡ 853-11..j E-mail: c.:krkl.!!:n.;anoh·vil.go\" SHEILA 1\. HARTMA'J A!'si~(¡ml City Ckrk STErHA~'IIE ~L MOOI\. ole At.:li.n~ City Ckrk October 23, 2006 File #J 10-207 Mr. Dennis R. Cronk 33 J 0 Kingsbury Circle, S. W. Roanoke, Virginia 240 J 4 Dear Mr. Cronk: I am enclosing copy of Resolution No. 3759J -1 01906 reappointing a Director of the Industrial Development Authority of the City of Roanoke to fill a four year term on the Board of Directors, commencing October 21, 2006, and expiring October 20, 2010. 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, 3 J 5 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 appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Dennis R. Cronk October 23, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, ;!;HLþ,h¡, "10ðY0 Stephanie M. Moon, CMC Acting City Clerk Enclosures pc: Harwell M. Darby, Jr., Assistant Secretary, Industrial Development Authority of the City of Roanoke, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, Acting City Clerk, and as such Acting 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 nineteenth day of October, 2006, DENNIS R. CRONK was reappointed as a Director of the Industrial Development Authority, for a term commencing October 21, 2006, and ending October 20, 2010. Given under my hand and the Seal of the City of Roanoke this twenty-third day of October, 2006. -Âq~~h1. ~DW Acting City Clerk -1"~ IN THE COlJKCTL OF THE CITY OF ROANOKE, VlRGL'lIA The 19th day of October, 2006. No. 37591-101906.. A RESOLUTION rcappointing a Director of the Industrial Dcvelopment Authority ofthc Citv of Roanoke to fill a four (4) year tcrm on the Board of Directors. . .- WHEREAS, the COllncil is advised that the tem1 ofoffice ofDcnnis R. Cronk, a Dircctorof the Industrial Development Authority of the City of Roanoke, Virginia, will expire October 20,2006; and WHEREAS, §15.2-4904, Codc of Virginia (1950), as amcndcd, provides that appointments made hy the govcrning body of such Directors shall, aftcr initial appointmcnt, hc made for terms of four (4) years. THEREFORE, BE IT RESOLVED by thc COllncil ofthc City ofRoalloke that Dcnnis R. Cronk is herchy reappointed as a Director on the Board of Directors of the Industrial Dcvelopment Authority of the City of Roanoke, Virginia, for a term of four (4) years commcncing Octohcr 21, 2006, and cxpiring Oetoher 20, 2010. ATTEST: t;W~~"h" ht~·lM--' I~ City Clerk. K:\Measurcs\iù:l. reappoinl cronk.doc " 'k"';ll . ~~ ". CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room -156 Roallllh.. Virginia 1-l011-1:'.ìó Tl'kphone: (~q()1 ¡';5"~-~5...1 I-'a,,: (5-HlI 1<).ì-1145 E-m:'1il: -.:krkli!'roanllk~\·3.g()\' SHEILA N. HARnlA>; ,\:'.<;i<;l:mt City Ckrk STEPII.\.~IE ~1. ~lnON. ole Acting Cil)" Ckrk October 23, 2006 File #38-184 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Resolution No. 37592- J 01906 authorizing a salary supplement to the Acting City Clerk, in the amount of $96.15 bi-weekly for such time as she serves as Acting City Clerk, effective September 9, 2006. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006. Sincerely, ~m. ~ÞhV Stephanie M. Moon, CMC Acting City Clerk pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget \tl '" ~ I"i THE COU"i"CIL OF THE CITY OF ROAXOKE, VIRGINIA, The 19th day of October, 2006. No. 37592-101906. l\ RESOLUTTO:-;¡ authorizing pa}1nent of a salary supplemcnt to the Acting City Clerk. WHEREAS, by Resolution No. 37529-090506, Council appointed Stephanie M. Moon as Acting City Clerk; and WHEREAS, Council desires that Ms. Moon rcceive a salary supplement to help offset the expcnse to hcr of maintaining a pcrsonal motor vehiclc, which is necessary for her work. THEREFORE, BE IT RESOLVED by the Council of the City of Roanokc that Stephanie M. Moon shall receive a salary supplement of $96. 15 bi-weekly for such time as she serves as Acting City Clerk. ATTEST: . h-ytf?Jn.-/ City Clerk. K: \Y1e(lSllres\~;alary S~lr-p:'ement rr.OO!1. doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk October 23, 2006 File #104-184 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37593-101906 confirming the City Manager's appointment of James Grigsby as Assistant City Manager for Operations, effective October 4, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006. Sincerely, ~?-n.~ Stephanie M. Moon, CMC Acting City Clerk pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget ~~ \,) ". IN THE COllNCIL OF THE CITY OF ROANOKE, Vm.GH\IA The 19th day of October, 2006. No. 37593-101906. /\ RESOLUTION conlirming the City \1anagcr's appointment of James Grigsby as Assistant City Manager lor Operations. BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby confinn the City j'.'lanager's appointment, as communicated to Council by a lettcr from the City :v1'anager dated October] 9. 2006, of James Grigsby as Assistant City Manager lor Operations, etIcctive October 4, 2006. ATTEST; ~,'rv¡. yY¡MtV Acting City Clerk. . K:\¡\.k3sures\a~'p\'lIllml.::~: uÎ grigs\:ly assistant ciry manager.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853~2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 26, 2007 Ms. Pam Kestner-Chappelear 6734 Peach Tree Circle, S. W. Roanoke, Virginia 24017 Dear Ms. Kestner-Chappelear: At a regular meeting of the Council of the City of Roanoke which was held on Thursday, October 19, 2006, you were reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Pam Kestner-Chappelear June 26, 2007 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 as a member of the Human Services Advisory Board. Sincerely, ~rn,~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, 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 nineteenth day of October, 2006, PAM KESTNER-CHAPPELEAR was reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty-six day of June 2007. ~tn, ~~ City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Pam Kestner-Chappelear, do solemnly affirm that I will support the <=:onstitution 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 Human Services Advisory Board, for a term ending November 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2007. BRENDA 5. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:\oath and leaving service\Hurnan Services Advisory Board\pam Kestner Chappelear oath reappoint.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER )Jroel C. Taylor Municip.]llluilding 21.3 Church A\'t~nLlt\ S.\N.. Room 3h4 Roanoke, Virginia 2·W11-1591 '1 L'lt'plHllll': (?i·1l11 t'i:d-23:n 1;,1\: (~·1ll1 :-::;3·113;-; City \\'l'b: \\ ww.rl1'Hl'IJ...t·\",l.¡;tl\' October J 9, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwen W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Appointment of James Grigsby to Assistant City Manager for Operations Persuant to Section 7 of the City Charter, I seek concurrence of City Council of the appointment of James Grigsby to Assistant City Manager for Operations effective October 4, 2006. Sincerely, Darlene L. Burcham City Manager DLB:sm c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Rllanoke. Virginia ~40 I 1-153ó Tdcptllmt:: (5·10) ~SJ-~511 En: t5.JO} S."H-I ~5 E-nuu[: clerk(!(.roJ.n(\ke\'¡¡.~w\ SHEILA "l. HARTMAN .'\<;.~i!>{ant City Clerk STEPHA"lIE \1. \100"l. C\ll' Acting CIty Clerk October 23, 2006 File #514 Evan R. Bishop Mid-Atlantic LLC 5320 Peters Creek Road, N. W., Suite F Roanoke, Virginia 240J 9 Dear Mr. Bishop: I am enclosing copy of Ordinance No. 37594- J 0 J 906 permanently vacating, discontinuing and closing a portion of an alley located between 28 J 0 Roanoke Avenue and Berkley Avenue, S. W., identified as Official Tax Map Nos. J 510410 - J 5 J 0417 and certain public rights-of-way described hereinafter. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, /J!zr¡2~:...v tn. }y¡ðWV Stephanie M. Moon, CMC Acting City Clerk Enclosure Evan R. Bishop October 23,2006 Page 2 Pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Shirmer, City Engineer Steven J. Talevi, Assistant City Attorney efC.., \.. ~( J \1,\. \Þ \;u'ì IN THE COUl\ClL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October. 2006. No. 37594-101906. AN ORDINAi\CE pennanently vacating, discontinuing and closing a portion of an alleyway and certain public rights-of-way in the City of Roanoke, as morc particularly described hcrcinaflcr; and dispcnsing with the sccond reading by titJe of this ordinance. WHEREAS. F. A. Bartlett Tree Expert Company, rcpresented by RCS !vfid- Atlantic, LLC, filed an application to the Council of the City of Roanoke, Virginia ("City Counci]"'), in accordance with law, requesting City Council to pem1anently vacate, discontinue and closc an allcy running parallel with Roanokc and Berkley Avenues, S.W., bctwccn Official Tax Map I\'os. 1510410 through 1510417 and certain public righls-of-way dcscribed hereinailer; \V1JEREAS, thc City Planning Commission, after giving proper noticc to all concerned as required by §30-14, Code of the City of Roanoke (l979), as amended, and after having conductcd a public hearing on the mattcr, has made its rec.olllll1endatiún to Council; WHEREAS, a public hearing was held on such application by City Council on October 19.2006, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (] 979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to he heard on such application; WHEREAS, it appearing from the foregoing that thc land proprictors afTeded by the requcsted closing of the subject public light-of-way havc been properly notilied; and WHEREAS, from all of the foregoing, City Council considcrs that no inconvenience will rcsult to any individual or to the public from pcmlanenlly vacating, discontinuing and closing SUdl portion of an alleyway and certain public rights-of-way. THEREFORE, BE IT ORDANED by the Council of the City of Roanoke, Virginia, that the alleyway and eeliain public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain alleyway rUlming parallel with Roanoke imd Berkley Avenucs, S.W., between Official Tax :V¡ap "Jos. 1510410 throngh 1510417. be, and is hereby pemlanen(ly vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, relcased insofm- as City Council is cmpowered so to do with respect to the closed alleyway and rights-of-way, rcserving however, to the City 0 f Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of eahle television, electricity. natural gas or telephone service, an casement for sanitary scwer and water mains, television eablc, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such alleyway ,md 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 remove, without the payment of compensation or damagcs of any kind to the owner, any landscaping, fences, shrubbcry, stmeture or any other encroachments on or ove." the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or penn anent removal from the above-described alleyway and public rights-of-way of any such municipal installation or other utility or tàeility by the owner thereof. BE IT FURTHER ORDAINED that the applicants shall submit to thc Subdivision Agcnt, receive all required approvals of. and rccord with the Clerk of thc Circuit Court for the City of Roanokè, a subdivision plat, with such plat combining all propertics which would otherwise dispose of the land within the right-of-way to bc vacated in a Illanner consistent with law, and rdaining appropriate casements, 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. BE IT FURTHER ORDAI;\fED that prior to rècciving all requircd approvals of thè subdivision plat referenced in the prcvious paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two thousand live hundred thirty dollars and eighty ccnts (52,530.80) as consideration pursuant to § 15.2-2008, Code of Virginia (1950), as amended, for the vacated right-of- way, or in lieu of such payment, the applicant plant largc deciduous trees, or a combination ofpaymcnt and tree planting for a credit of$250.00 pèr trec. BE IT FURTHER ORDAI:\ED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to thc Clerk of the Circuit Court of the City of Roanokc, Virginia, a certificd copy of this ordinance for recordation where deeds are recorded in such Clerk's Otlìee, indexing thc same in the name of the City of Roanokc, Virginia, as Grantor, and in the name of the applicants, .md the nallles of any other parties in interest who may so request, as Grantees, and pay such fecs and charges as are required by the Clerk to effect such recordation. BE IT FCRTHER ORDAJ?:ED that the applicants shall, upon a certified copy of this ordinance being recorded by the Clerk of thc Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Ckrk's Oftìce, file with tbe City Engineer for the City of Roanoke, Virginia; the Clerk's receipt demonstrating that such recordation has occun·cd. BE IT FURTHER ORDAlXED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then sueh ordinance shall be null and void with no further action by City Council bcing necessary. BE IT FlNALL '{ ORDAINED that pursuant to the provisions of § 12 of the City Charlcr, thc second reading of this ordinance by title is hereby dispensed with. ATTEST: M~~Yv1. ~bOvV Stcphanie M.l\-1oon Acting City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church .henue. S.\\'.. Koom 166 RoaI1Hk('. \lr~inia 24U II Telephone: (5401 H53-1730 Fax: 15401 H53-12J0 E-mail: pI3nníngWc.."¡.nmnoke.\"a.us .\rfhill·rllll·¡lllh·\ic....lluanl HnartlnfZllllil1.!.\lll·:lb ·lallllill:.l.(·.llUlni....¡"11 October 19, 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 Mayor 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 F. A. Bartlett Tree Expert Company, represented by ECS Mid-Atlantic, LLC, to permanently vacate, discontinue and close an alley running parallel with Roanoke and Berkley Avenues, S.W., between Official Tax Map Nos. 1510410 through 1510417 Planning Commission Action: Planning Commission public hearing was held on Thursday, September 21, 2006. By a vote of 7-0, the Commission recommended that City Council approve the requested closure. Background: The petitioner has applied to permanently vacate an unimproved. landlocked alley lying between and running parallel to Roanoke Avenue, S.W., and Berkley Avenue, S.w. The alley is bounded by Official Tax Nos. 1510410, 1510411, 1510412,1510413,1510414,1510415,1510416, and 1510417, all of which are owned by the Petitioner. If the requested vacation is approved, the owner intends to continue utilizing the area for parking the company's trucks and equipment. Considerations: All parcels adjoining the alley (Official Tax Nos. 1510410, 1510411, 1510412, 1510413,1510414,1510415,1510416, and 1510417) are currently zoned 1-1, Light I ndustrial District, which extends west and northeast. North of the adjoining parcels across Roanoke Avenue S.W. is 1-2, Heavy industrial District, southeast 1 of the adjoining parcels is RM-1, Residential Mixed Density District, and south of the adjoining parcels across Berkley Avenue S.w., is R-5, Single-Family District. Surrounding land uses are industrial and residential. Staff received comments from AEP, Verizon Virginia Inc., and the Western Virginia Water Authority, 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. The subject portion of the alley is approximately 2,220 square feet and runs east to west. This portion was once a part of an unimproved alley that extends to the intersection of Fauquier Street, S.W., Berkley Avenue, S.W., and Mountain View Terrace, S.w. Being landlocked, the subject portion of the alley cannot be effectively used for any public purpose. The proposed vacation furthers the economic development goals of the City's Comprehensive Plan, Vision 2001-2020, and the Norwich Neighborhood Plan by supporting industry through improving the functional space of an existing site. The applicant's site is within State Enterprise Zone 1A. In lieu of payment, it would be appropriate for the petitioner be able to plant large deciduous trees, or a combination thereof, for a credit of $250 per tree (per the City of Roanoke's Urban Forester for a 2" caliper large deciduous tree, planted and guaranteed). If this option is taken, trees must be installed in accordance with Section 36.2-642 (General Landscaping and Screening Standards), Zoning, of the Code of the City of Roanoke (1979), as amended, and placed in the street yard along Roanoke Avenue S.w. with a minimum spacing of thirty-five (35) feet on center. This option will further the community design goals of the City's Comprehensive Plan and the Norwich Neighborhood Plan by improving the streetscape and providing a canopy for Roanoke Avenue S.W. The Department of Real Estate Valuation has assessed the property at a value of $1.14 per square foot, or a total value of $2,530.80. Planning Commission Discussion: Discussion was generally limited to how the vacated right-of-way would be combined with the petitioner's properties. The petitioner owns 10 adjoining parcels, eight of which abut and in combination surround the right-of-way to be vacated. Planning Commission asked if all ten parcels and the right-of-way would be combined into a single parcel. Staff responded that the petitioner would be required to combine the vacated right-of-way with adjoining parcels but would not be required to combine all the lots. 2 Recommendation: Bya vote of 7-0, the Planning Commission recommends approval of the Petitioner's request to vacate the alley bounded by Official Tax Nos. 1510410, 1510411,1510412,1510413,1510414,1510415, 1510416,and 1510417, subject to the conditions listed below. The Commission also recommends that the petitioner be charged a price of $2,530.80; or in lieu of this, the petitioner may choose to plant large deciduous trees, or a combination of payment and tree planting, for a credit of $250 per tree as stated above. A. The petitioner 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. B. Upon meeting all other conditions to the granting of the application, the Petitioner 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 petitioner 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 one year 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. 3 Respectfully submitted, 1i~JÀ -~W1í Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Petitioner 4 ~~-';:'·.:.<f¡';;';';¡;;1 lEC'=~"~ :f"l,r..iJ~.~ ", ',*- ' ........:_~)¡;¿-C ......_..._~... __-I . . ECS Mid-Atlantk. LLC Geotechnical . Con~truction \1ateriab . Environmental MID-AYLAtn'IC J]\' TIlE COli]\,CIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the F.A. Bartlett Tree Expcrt Company for vacation of an Alley between 2810 Roanoke Avenue S.W. and Berkley Avenue, S.W. Members of Council: On behalf of the F.A. Bartlett Tree Expert Company, ECS - Mid-Atlantic LLC applies to have an alley located between Roanoke Avenue, S.W. and Berkley Avenue S.W. in the City of Roanoke, Virginia, pennanently 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. The alley is more particularly described on the map attached and as follows: The alley is bounded by Official Roanoke City tax map parcels 1510410, 1510411, 1510412, 15J0413, 1510414,1510415,1510416. and 1510417, and encompasses approximately 2,220 square feel. ECS - Mid-Atlantic on Þehalf of the r.A. Bartlett Trcc Expert Company state that the grounds for this application are as follows: · The surrounding properties adjoining the parcel are own cd by the F.A. Bartlett Tree Expert Company; therefore there are no adjacent property ('wners to notify of the pending alley vacation. · The property being vacated is cUITcmly being utilizcd as a parking arl'a for Asphlund trucks. · The F.A. Bartlett Tree Expert Company desires to continue use of ¡he property to be vacated as a parking area for Asphlund trucks and equipment. Wherctllrc thc F.A. Bartlett Tree Expert Company rcspectfully requests that the above refere,nced alley, located betwecn Roanoke Avenue S.W. and Berkley Avenue S.W. be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.2- 2006 abd Section 304- 1 4, Code of the City of Roanoke II 979), as amended. Respectfully submitted "'J~. . ,- ,-.¡-..;..c.;; date cc: David Marren - F.A. Bartlett Tree Expert Company 5.120 Peters Creek Road. Suite E Roanoke. VA 24019. (5401 362-2000. FAX (540) 362-1202. www.ec~limi¡ed.com Aberdeen. ~1.o' Balfimort'. MD· Chantilly. VA . r-rtderkk. \.-10· FrC'dC'rickshllr~. V A . Norfolk. VA· Ocean City. MIY' : Ril.:hnlllnJ. VA· Ro¡][]oke. VA· Waluorf. ~1)· \\'illiamsburg. V.A. . Windlt'ster. VA· Yürk. PA (,¡. testing services only', j " . . , LIST OF AD.JOINING PROPERTY OWNERS -- Official Tax No.! Street Address ]5]04]0 Berkley Av, S.W. ] 51 04] 1 ~ Berkley Av, S:~~S__ ]5]0412 , Berklev Av. S.W. r----- .,I ....-' : 15J0413 i Berklev Av. S.W. ! ]5"]04J4 i L _ Roan<}ke Av~:\V. I IS 1 04 ] 5 ¡Roanoke Av, S.W. ¡.-- J5]04J6 ~_2n6 Rs>anoke Av~ S.W. I ]S]04J7 Uoanoke Av,J.W. Name Of Property Owner Mailing Address 460 S S ~ Bartlett Realty Co Inc ummer - treet i Stamford, CT 0690] Bartlett Realty Co Ine 460 Summer Street Stamford, CT 0690 I Bartlett Realty Co Ine 460 Summer Street Stamford, CT 0690] I I Bartlett Realty Co Inc -~~~~-e~-co Inc , -l Bartlett Realtv Co Inc I . : 460 Summer Street Stamford, CT 06901 460 Summer Street - St~111ford, CT 0690J 460 Summer Street Stamford, CT 0690] 460 Summer Street Stamford, CT 0690 I 460 Summer Street Stamford, CT 0690] Bartlett Realtv Co Inc - . Bartlett Realty Co Inc . . >- ~ ¡::., ~ 8~ U ~~=:~g ~g:z2:~ Z;x: ¡,.¡> ~o -o¡,.¡ -z ¡,.¡¡::¡,.¡<t;>¡..... 0:: <t; ~ ~ "'U :Ju......._¡,.¡ oO¡.....o~...., -....l ¡..... zoo "'->-¡""'<t;zo:: ¡"¡o<t;¡:.. ¡"¡....l Ov; ....J¡""'O::o::u ....lO::o ¡,.¡ <<t;- co~ ~ "'- ¡,.¡ ::r:: ¡..... ü..i U !:l:: ;::¡ o v; ¡,.¡ ~o o¡¡,¡ z¡..... « 00 !:l::¡:.. "'-:J Ov; U >-¡¡,¡ t: u .". o '" o ~ '" , , , , , , , , , , I , , I I , , , , , , I I ' I I Il : S 1,-----: c (j) , 0 J .0 Q.) 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LLC 5320 ?ETERS CR~~K RanD, SUIT~ F ROANOKE VA 24019 REFERENCE: 80126136 9887550 NOTICEO¥PUBLIC~EARIN -:""=.- .-,.- j- I PUBLIC HEARING 'I The Council of thE" Cil~ of · ROilnokc will hold a public hetlringon Thursday.. 'I' Octobêr 19. 2006, at 7:00' p.mnorassoontherealtClr. as the m<ltttH may be; he,ud. in the Councll¡ !Chamber.fnurthlloor. in:he I Noel C. Til~tor :o.,1unicipal" 1 Building," 215 Church: ·A~Clnue. S.W., Roanoke. Virginl.3, to constder the ifollowi!l'" . 1 Reque'sttrom F. A. Bartlett· Tree E~pert Comp<lny. represented by ECS .~id-Allantic. LLC. 10 'permanentlY V;H<lte, dtscontinul.! and close ¡¡n ÐUe", runninA parallel with, Roilnoke <lnd Bl'rklcy' Avenues. S.W.. betwet!n' Official h... MapNos.' 1510410 lhrough 1510417. . · A COl'" ot the petitIOn IS: availatile lor revtew in the¡ Office of the City Clerk. Room 456. Noel C. TÐylor · Municip<ll Buildmg. 2151 Church Avenul!. S.W.. RO<lnoke. Virginia. Ail p¡Hties in interesl <Iod citilens may <lppear on lh!c" abo~e date and be heard 1 on thematler. If you me a Ilerson with a di<;L1bility Vtho . need!> <lccommodations for I· this heming. pleil!;e contact, the CilY CINk's Offict!, <It I 853·2541. b!!fore noon on Itl'e Monday before tht! date of the he<lringlisted above. GIVEN under my hand this i2ìth dav 01 Seplember. : 2006. . I StCphÐnic M. Moon, Acting· City Clerk. I (9~8~~5.0) _.' Sta~e of Virginia Cit.y of Roanoke NOTICE OF I, (the :..lndersignedl ar~ authol.-ized repl-esen::ativc of ~he Times-World Corporatio~, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in t~e State of Virginia, do certify that the annexed notice was published in said newspapers on the ~ollowing dates: City/County of Roanoke, Commonwealth/S~atc of VI' }-"<:¡jnia. Sworn and si.lDscribed before me this __~__day of October 2006. Witness my hand and ~iClal seal. . rif t;/i;r_ __ _ ....! .N tary Pu lic ',. ,çom~SSiorþ'P(k~_~___~~'ð1_. " '.. PU~~ISEÉD ON: 09/~9 10/06 I." \.'. TOTAL COST: FIL3D ON: 32·1.33 10/11/06 .----------- AuthoL'Üed~ <::.Â m L J - . Signature :F-/1--- -{ t::-~ Billing Seoevices Repre:;er:tative '\<. \&1 ~~\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, Octobcr 19, 2006. at 7:00 p.m., or as soon thereafter as the matter may be heard, in thc Council Chamber, fourth floor, in the Nocl C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the following: Request from F. A. BartJett Tree Expert Company, represented by ECS Mid- Atlantic, LLC, to permanently vacate, discontinue and close an alley running paralleJ with Roanoke and Berkley Avenues, S. W., between Official Tax Map Nos. 1510410 through 1510417. A copy of the petition is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you arc a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541. before noon on the Monday before the date of the hearing listed above. GIVEN under my hand this 27th day of September, 2006. Stephanie M. Moon, Acting City Clerk. K ·'>I(rl"1(,ES'~n'~i,:-';I'H _ F ,\ lIAlnU,rr TREE F.XPlRI t l(1_I'l_Ut» Dl)C Notice to Publisher: Publish in thc Roanoke Times once on Friday, September 29,2006 and Octobcr 6,2006. Send affidavit to: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Briggs W. Andrews, Secrctary Carilion Medical Ccntcr 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 224-5062 fI ". ".l.'¡ ~ll\ : CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church .-\\·cnlle~ S. \V., Room 456 Roanoke. Vil"ginia 2~0l1-1536 Telephtlne: 15..UI) H53..~5·U Fax: 15..OJ R5J..l!45 E-m¡lil: c1l'rk(!t·r(lanllkl~\·¡I.g:Il\· SIIEI/.A :'>I. I·IAHTMAI\ A'So;i...t:.lI11 City Clerk STEPII:\~m \1. MOO:\'. CI\K Acling Ci(~' Clerk October 9, 2006 File #5J Evan R. Bishop Mid-Atlantic LLC 5320 Peters Creek Road, N. W., Suite F Roanoke, Virginia 24019 Dear Mr. Bishop: Pursuant to provisions of Resolution NO.2 5 52 3 adopted by the Council of the City of Roanoke on Monday, April 6, 198 J, I have advertised a public hearing for Thursday, October 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of F. A. Bartlett Tree Expert Company that an alley located between 2810 Roanoke Avenue and Berkley Avenue, S. W., be permanently vacated, discontinued and closed. 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 540-853-243 J. 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 October J 9 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, . - tn. /Y}ðlMJ Stephanie M. Moon, CMC [ Acting City Clerk SMM:snh Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ^venue, S.W.. Room 456 RO~Ull)kc, Virginia 2401 1-1536 T..:Icphom:: (540) g:"!3-2."'''¡] F:.lx: ¡5.:01 R.".:l._II·¡5 E-mail: 1.1l.r.;<iI·ci.r(I[111\)..(..\;."\.u~ STEPHA;\>IE ~I. ~100r;. CMC Depury CilY Clerk ~IARY F. PARKER. OK Cty Ckrk SIlEII..~ 'i. HARDIAr; A"SI:-.l;..inl City CJerk August J, 2006 File#514 Richard A. Rife, Chair City Planning Commission J 326 Grandin Road, S. W. Roanoke, Virginia 240J 5 Dear Mr. Rife: Pursuant to Section 30- J 4, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (J 979), as amended, I am enclosing copy of an application received in the City Clerk's Office on July 31, 2006, from F. A. Bartlett Tree Expert Company, ECS - Mid-Atlantic, LLC, requesting that an alley which is located between 28 J 0 Roanoke Avenue and Berkley Avenue, S. W., be permanently vacated, discontinued and closed. ~":' -! P ~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Mr. Evan R. Bishop, Mid-Atlantic, LLC, 5320 Peters Creek Road, N. W., Suite F, Roanoke, Virginia 240 J 9 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 J. Frederick Gusler, City Planner II L \CLL(K\n.~TA'CKEW1\RF.ZO!\I~(j ."';\"D STRI:I:T Cl.05URE\Rezüni:1gs - Street Aile) ('If>\streel and alley closures\Ro3JloJ..c- AV anJ BcrkleySI "acahon doc , ~~, . ECS Mid-Atlllntic. LLC !5:IiSl!.C Geotechnical· Construction Materiab . Environmental lIiIID-An.Atn"IC ¡iJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the F.A Bartlett Tree Expert Company for vacation of an Alley between 2810 Roanoke Avenue S. W. and Berkley A venue, S.W. Members of Council: On behalf of the F.A Bartlett Tree Expert Company, ECS - Mid-Atlantic LLC applies to have an alley located between Roanoke Avenue, S.W. and Berkley Avenue S.W. 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. The alley is more particularly described on the map attached and as follows: The alley is bounded by Official Roanoke City tax map parcels 1510410, 1510411, 1510412, 1510413,1510414,1510415,1510416, and 1510417, and encompasses approximately 2,220 square feet. ECS - Mid,Atlantic on behalf of the F.A Bartlett Tree Expert Company state that the b'TOunds for this application are as follows: . The surrounding properties adjoining the parcel are owned by the F.A. Bartlett Tree Expert Company; therefore there are no adjacent property owners to notifY of the pending alley vacation. · The property being vacated is currcntly being utilized as a parking area for Asphlund trucks. · '1be F.A Bartlett Tree Expert Company desires to continue use of the property to be vacated as a parking area for Asphlund trucks and equipment. Wherefore the F.A Bartlett Tree Expert Company respectfully requests that the above referenced alley, locatcd between Roanoke Avenue S.W. and Berkley Avenue S.W. be vacated by the Council of the City of Roanoke. Virginia, in accordance with the Virginia Code Section 15.2- 2006 abd Section 304-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted Lf),Û/1 Evan R. Bishop1 }- ?/-V(, date cc: David Marren - F.A. BartJett Tree Expert Company :\320 Peters Creek Road. SuilC E Roanokl'. VA 2~OIl). (5~O) 3h2-2000. FAX (5~()J 3ti2-1202. www.ccslirnitcd.colll Ab¡;rlk't"II. 1\10· Bal1illlorL', ~ID· Challlilly. V A . t-:rL'~k·riL'.;. ~1)· Frl'JL'rÎl"bhllrg. V/\· !\llrlì)k. VA· OL'c'an City. ~ID~' Ridullollll. VA . RoanOKe. VA . \\'aldl},f. MD . Willi~lIn:-.hllr~. V,\ . \\ïlldll'stt'r. VA . York. Pi\ 1';: tl·.·itin~ :'I..'rviü':, only I LIST OF ADJOINING PROPERTY OWNERS 1- Official Tax No.! Street Address 1510410 Bartlett Realty Co Ine Berkley Av, S.W. ___ _.. Stamford, C1' 06901. 15104 J 1 ~- 460 Summer Street B- II A S W ; Bartlett Realty Co Ine S f¡ d CT 0690 I - B-~rk~JI~OA4~'is":{w' Bartlett Realty Co ~ne S;~~\i'~~dl1'nC1~Tr sO'-t6r~oct1 I cr ev \,.. . tam or , _ _ .." "" :.. n. . __.' ..... ____ 15104 J 3 , : 460 Summer Street I B kl 'A' S \IT Bartlett Realty Co Ine S," d ('"I' 0690 I er e\ v. . vv . , tdm or , - --' "" .. ..", ..... _..- 1510414 460 Summer Street Bartlett Realty Co Jne Roanoke Av,..S.W. Stamiþrd. CT 06291. 1510415 460 Summer Street Bartlett Realty Co Jne Roanoke Av, S.W. Stamlord, CT 06901 , - -.' . -- ---------j 1 u_ IS I 0416 460 Summer Street - ~? Roanoke f.v) S.W. Bartlett Realty Co Inc_.. Stamford, CT 069º.l.J 15 J 0417 460 Summer Street ¡ Bartlett Realty Co Jnc ~~', 1 Roanokc Av, S.W. Stéul1lord, CT06~ Name Of Property Owner Mailing Address - - 460 Summer Street " ~ 1,,-- .~.~ _....~,. .,._:...-,. ·ì~".. '. . :. --,-' ;.~~_.., . .''-;:',,' '. . . '. . .::---_. . . '. ! . --= ~ ,F" "1-,- _ 1-. .~: E~~~~~,~;""r . '. '~li >- Z -< 0.. ¿ 8~ u '" , o..f-u..¡<c -<O::;:¡_-o ¿~z~¡;:¡ ZX~~O -Ou..¡ -z u..¡¡::u..¡<>f- 0:: < u..¡ UJ . U ;:¡u~~u..¡u..¡ ~3~~~~ >-u..¡ó<o.. UJ...J~o", ...Jf-~~ ...Jo::c.....u «- u..¡ co~ ~ !.1.. u..¡ :r:: f- \' ~'. ~ !. 1 I.....f!._.-=<......~=-::.- , . - 6' ....-... .......: , . . f~ 1~. ~ A4B1lL. . ~'.. 'en ~ ~ ~.--=_~~ '_''-=~_~~ ~ . j.' " .' ;~~,.rliit~ . .:. -'- l'-~ . o' ~~ a: ~" . . ,r ~! .. .~ 'ij'J'I" ~~ , ." );~. ";'. ,.- .' " if.,::F.;.. :.-.""",,,_ --~--Ji-_. ",,'_- 7 f" c '.~ ¡:¡ u .s 1 ' ! ;>, ~ <: ~.'CP l~ ,s:t& . ~'t\'; <:(: c::; ¡ij >,.' 'oo ~ lU....lc ~ .....I·~c .....J -r...;'~. 0 Q)~ :Y; '" aJi; 0 I" C""I . , ti. '.1 u..¡ ~o Ou..¡ Zf- « 00 ~o.. !.1..;:l 0", u >-u..¡ t: u ...:,. "', ~~. ~' TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: F. A. Bartlett Tree Expert Company for an alley lying parallel ) Roanoke and Berkley Avenue,S.w., between parcels bearing) AFFIDAVIT Official Tax Nos. 1510410-1510417, inclusive ) 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 22nd day of August, 2006, notices of a public hearing to be held on the 21st day of September, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 1510410 Bartlett Realty Co., Inc. through 1510417 460 Summer Street Stamford, CT 06901 Notification Also Mailed to: Sue Snellings, President, Norwich Neighborhood Alliance, 2230 Charlevoix Court, 24015 'íh~ 1tLu.- é!/~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of August, 2006. ~ ~ rJXJvt~ Notary PubliC My Commission Expires: d-d-~-OJ CITY OF ROANOKE OFFICE OF THE CITY CLERK 2J5 Church Avenul'. S. \V., Room 45(1 Roanoke. Virginia 24011-1536 Td~plwne: (5-1.0) 853·2541 Fax: 1)·lfl) ¡:;~~-11-15 E-mail: ch~lkt?rO.1Il()ke·:a.~~I\. SHEILA t\. HARnlAi' .-\~Si:ilanl Cily C]clk STEPHA:'\lIE M. ~100i'-J. Ctl.fC' .'\clillg City Ckrk October 23, 2006 File #51 Robert B. Manetta, Attorney 2 J 3 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: I am enclosing copy of Ordinance No.3 7595- J 0 J 906 amending the Institutional Planned Unit Development District of 1.98 acres, on or near J 8 J 5 Belleview Avenue, S. E., Official Tax Nos. 4060201, 404083 J, 4040830, 4040829, 4040828,4040827,4040826, and a portion of 4040833, for an addition to the existing parking garage. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006, and is in full force and effect upon its passage. Sincerely, ~ðv1.YY)~ Stephanie M. Moon, CMC Acting City Clerk Enclosure Robert B. Manetta October 23,2006 Page 2 pc: Briggs W. Andrews, Senior Vice-President, Corporate Secretary/General Counsel, Carilion Medical Center, Office of Corporate Counsel, 2 J 3 S. Jefferson Street, Suite 720, Roanoke, Virginia 24011 Western Virginia Water Authority, 2012 Jefferson Street, S. W., Roanoke, Virginia 2401 J Roanoke Memorial Hospital Wing - South, P. O. Box 40032, Roanoke, Virginia 24022 Mr. Torre Glenn Michael and Ms. Vicki Starke, 1630 Belleview Avenue, S. W., Roanoke, Virginia 240J4 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Manager Philip C. Schirmer, PE, LS, City Engineer Martha P. Franklin, Secretary, City Planning Commission c,-<;{\ o\, / ,\Q\ \0\ IN THE COCNCIL OF TIlE CITY OF ROAt\OKE, VIRGINIA The 19th day of October, 2006. No. 37595-101906. A...I\I ORDlNi\-,'\ICE to amend 936.2-100, COlic of the City ofRoanolœ (1979), as amended; and thc OlÌÌcial Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amcndcd, to amcnd an INPLTI of] .84 acrcs. to pemlit an expansion of the existing parking stl1lcture onpropeity on or near 1815 Belleview A vcnuc, S. E., bearing Official Nos. 406020 I, 4040831, 4040830, 4040829,4040828,4040827,4040826, and a portion of 404083j~ and dispcnsing with the second reading hy title of this ordinance. WHEREAS, Carilion Medical Ccnter has made application to thc Council of the City of Roanokc, Virginia ("'City Councin, to amcnd an INPCD of 1.84 acres, to pennit an cxpansion of thc existing parking stmcture on propcrty on or near 1815 Bclleview A venuc, S.E., bearing Official Nos. 4060201,404083 J . 4040830, 4040829, 4040828, 4040827, 4040826, and a portion 01'4040833; WHEREAS, thc City Planning Commission, aftcr giving propcr notice to all conccrned as rcquircd by §36.2-540, Code of thc City of Roanokc (1979), as amcnded, and aftcr conducting a public hearing on the matter, has made its recommcndation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 19, 2006, after due and timely notice thcreof as required by §36.2-540, Code of the City of Roanoke (1979), as amendcd, at which hearing all pmiics in intercst and citizc·ns were given an opportunity to bc heard, both lor and against the amendment ofthc INPUD of 1.84 acres, to pcrmit an expansion of the existing parking structure on property on or ncar 1815 Bclleview A venue, S.E., bearing Official '\'os. 4060201, 4040831,4040830,4040829, 4040828, 4040827, 4040826, and a portion of 4040833; mld \VHEREAS, this Council, aftcr considcring thc aforesaid application, the recommendation Illad~ to the Council by the Planlling Commission, the City's Comprehensive Plan, and the matters prcsented at thc puhlic hearing, finds that the public necessity, convenience, general welfarc and good zoning praeticl', requiæ the amendment of the Ij\;P1JD of 1.84 acres. to pennit an expansion of thc existing parking structure on property on or near 1815 Belleview A venue, S.E., bearing Official Nos. 406020 I, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040S33, as set [orth in the Sccond Amcnded Petition to Amend an Institutional Planned Gnit Dcve.lopment filed in the Office of thc City Clerk on October 5, 2006, for property located on or near 1815 Bellcvicw Avcnue, S.E., bearing Ol1ìcial j\;os. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, mId a portion of 4040833, as herein providcd. THEREFORE, BE IT ORDAINED by the Council ofthc City of Roanoke that: I. Scction 36.2-100, Code ofthc City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated Dccembcr 5,2005, as amemkd, bc amcnded to reflcct 'the amendment ofthc TNPUD of 1.84 acres, to pcrmit an cxpansion of the existing parking structure on property on or near 1815 Belleview Avenue, S.E., bearing Oftieiall\'os. 4060201, 4040831, 4040830. 4040829, 4040828, 4040827, 4040826, and a pOliion of 4040833, as sct forth in thc Second Amcnded Petition to Amend an Institutional Planned Unit Development Jiled in the Office of the City Clerk on October 5, 2006. 2. Pursuant to thc provisions ofScction 12 of the City Charter, th~ second rcadingofthis ordinance by title is hereby dispensed with. ATTEST: , ~ ð¥ì. 'rv-jObrJ Steph'Ulie~. :.'vloon, CMC Acting City Clerk. CITY (W ROANOKE PLANNING BUILDING AND DEVELOPMENT 21S Church Awnue. S.W.. Room 166 Roanoke. \ïl"J~inia .2-1011 Telephon.: (SolO! lIS.'-17.\0 Fax: (SolO! lIS.'-lBO . E-mail: 1.Iallning(~r(·i.rmlnllkc..·a.us \n:hill'¡"turallh'\il'\IIJ"anl UIHlnluf ¡.lIlin:,: .\Ipl·:ll~ I'hlllnill.! (·llnlllli,~illll October 19, 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 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 Carilion Medical Center, represented by Briggs W. Andrews, Secretary, to amend the Institutional Planned Unit Development District of 1.98 acres, on or near 1815 Belleview Avenue, S.E., bearing Official Nos. 4060201,4040826 through 4040831, inclusive, and a portion of 4040833, to allow an addition to the existing parking garage, consisting of seven parking levels of approximately 13.900 s.t. per leve!. Planning Commission Action Planning Commission public hearing was held on Thursday, September 21,2006. Bya vote of 6-0 (Mr. Manetta abstaining from discussion and vote), the Commission recommended that City Council approve the request. Background The petitioner owns property (Official Tax Nos. 4060201,4040831,4040830.4040829, 4040828,4040827,4040826, and a portion of 4040833) located in the Riverland/Walnut Hill Neighborhood at 1815 Belleview Avenue S.E., which is zoned INPUD, Institutional Planned Unit Development District. The owner wishes to amend the INPUD to permit an expansion to the existing parking structure. Prior to the City's comprehensive rezoning on December 5, 2005, the subject property was zoned C-2; General Commercial. There is currently a seven level parking structure containing 607 spaces and a surface parking lot containing 49 spaces located on the parcels listed above which serve the adjacent Roanoke Memorial Hospital. The institutional development plan calls for the expansion of the existing parking structure by infilling the surface parking lot in its entirety with a seven level parking structure, providing a net addition of 317 spaces. 1 The petition to amend the INPUD was filed on August 2, 2006 with a First Amended Petition filed September 5, 2006, to address specific staff comments. A Second Amended Petition was filed October 5, 2006, increasing the net addition of on-site parking spaces. Considerations Surroundinq Zoninq Districts and Land Uses The subject properties are located in the Riverland/Walnut Hill Neighborhood on Belleview Avenue S.E. and Hamilton Terrace S.E. The properties are currently zoned INPUD, Institutional Planned Unit Development District. Immediately surrounding zoning and land use isas follows: ROS, Recreation and Open Space District, is located directly across Hamilton Terrace S.E. from the subject properties and contains the Roanoke River. This area will be significantly graded in the near future to make up part of the Roanoke River Flood Reduction Project and the Roanoke River Greenway. MX. Mixed Use District, is located to the east of the subject properties and contains a mix of two-family and multi-family dwellings. INPUD, Institutional Planned Unit Development District, extends to the northeast from the subject properties and contains another parking lot utilized by Carilion Roanoke Memorial Hospital. INPUD also extends to the south across Belleview Avenue S.E. from the subject properties and contains the bulk of the hospital complex. These adjacent INPUD districts are not included in this development plan and are separate zoning districts. Compliance with the Zoninq Ordinance Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828. 4040827, 4040826, and a portion of 4040833 were rezoned from RD. Duplex Residential District. to C-2. General Commercial District on August 5,1974, to accommodate the existing parking structure and parking lot. The remainder of Official Tax No. 4040833 was rezoned from RM-1, Residential Multifamily District, to C-2, General Commercial District on July 6, 1998, along with Official Tax Nos. 4040822,4040823,4040824, and 4040825 to accommodate an additional parking lot. However, this zoning did not effectively accommodate institutional uses. The subject properties were comprehensively rezoned along with other institutional properties in the area to INPUD, Institutional Planned Unit Development District, on December 5,2005, to better match the hospital's function, scale and need for flexible development patterns. If the INPUD is amended, Carillon Medical Center can expand its parking structure into the adjacent parking lot. As a planned unit development, the property must be developed in accordance the Institutional Development Plan prepared by Caldwell White Associates, dated September 1, 2006, and revised October 5, 2006, and attached to the petition as Exhibit B, subject to any changes required by the City during 2 the Comprehensive Site Plan review. The institutional development plan complies with the regulations of the INPUD, Institutional Planned Unit Development District. Compatibilitv with the City's Comprehensive and Neiqhborhood Plans Both Vision 2001-2020 and the RiverlandlWalnut Hill Neighborhood Plans recognize Carilion as a critical institution to the region, providing significant medical services and employment. However, both documents also emphasize the need to 'strike a balance between its needs for expansion and development to serve the region and the quality of life of the residents that are impacted by the large scale of the hospital's operation.' This project appears to embrace that balance by providing additional parking for employees, patients and visitors, without further encroaching into the surrounding neighborhood. The use of on-street parking within the surrounding neighborhood for hospital purposes may also be alleviated. A traffic study is being conducted at the request of the City's Transportation Manager to determine the effect of reversing traffic flow through the garage on traffic operations in the surrounding area. The RiverlandlWalnut Hill Neighborhood Plan identified future land use of the subject property as institutional. The future land use along Belleview Avenue S.E. and Hamilton Terrace S.E. is a mix of institutional. recreational, and residential. The following policies from the Vision 2001-2020 Comprehensive Plan and the RiverlandlWalnut Hill Neighborhood Plan are relevant in the consideration of the current petition. . Vision 2001-2020: EC P4: Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. Special emphasis will be placed on the Roanoke River and its tributaries (Note EC A 13: Limit the amount of impervious surfaces to reduce runoff. A total of 317 parking spaces will be added with only a 0.2% increase in impervious surface.) IN P4: Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. PE P9: Health and human selvices agencies. Roanoke will support a range of health and human services to meet the needs of Roanoke's citizens. . RiverlandlWalnut Hill Neighborhood Plan: " Community Design: Land uses should be compatible with the surrounding natural environment. specifically Roanoke River and Mill Mountain. 3 Many design principles specified in the Vision 2001-2020 Comprehensive Plan are relevant in the consideration of the current petition. The institutional development plan includes the following design principles: · Proposed infill will better utilize the site by concentrating long-term parking in a structure. · Proposed building setback is consistent with existing parking structure. · Street trees will be planted along Belleview Avenue S.E. that will eventually create a canopy over the street. Planninq Commission Discussion The Planning Commission had no discussion regarding the petitioner's request. There were no speakers during the public hearing. Recommendation By a vote of 6-0, the Planning Commission recommended approval of the request. The Commission finds that the petition to amend the INPUD. Institutional Planned Unit Development District, to allow for the parking structure expansion is consistent with the Comprehensive Plan. The proposal would add considerable new parking in support of the hospital complex with only a minimal increase in impervious surface. Respectfully submitted, ~~;1,~ 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 Steven J. Talevi, Assistant City Attorney Briggs W. Andrews, Secretary 4 SECOND AMENDED PETITION TO AMEND AN INSTITUTIONAL PLANNED UNIT DEVELOPMENT IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Amendment of the Institutional Planned Unit Development District of 1.84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue SE, identified herein with the Roanoke City Official Tax Nos. 4060201,4040831,4040830,4040829,4040828, 4040827, 4040826, and a portion of 4040833 zoned INPUD, to allow the construction of an addition to the existing parking garage TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Carilion Medical Center, formerly Roanoke Hospital Association, is the owner of the parcels having the Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833 (the "Property"). Said portion of 4040833 is more accurately described in Exhibit A attached hereto. Said Property is currently zoned INPUD. A map of the area where the Property is located is attached as Exhibit C. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner request that the INPUD of the Property be amended to allow an addition to the existing parking garage said addition is labeled Proposed "Parking Structure Infill" as shown on Exhibit B. This addition will result in an increase of 317 spaces in the combined facility The Petitioner believes that the rezoning of said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan. Further, Petitioner believes that the proposed development as described herein and as indicated on the Institutional Development Plan is substantially in accord with City's Comprehensive Plan in that it reduces the need for surface parking lots. The addition will have an exterior that is compatible with the existing attached structure. It will be situated next to a surface parking lot and directly across-the-Roanoke -River fromCln --existing-1000 space--parking - garage. 11,- addition the existing parking garage is directly across the street from Carilion Roanoke Memorial Hospital. Since it will be surrounded by parking facilities and 1 across the street from the hospital it is being built to serve, it will be compatibility with the structure, character and appearance of the surrounding neighborhood. Attached as Exhibit D are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the Property to be rezoned. WHEREFORE, the Petitioners request that the zoning of the above- described parcel of land be amended as requested in accordance with the provisions of the Zoning Ordinance. - -.. - - "- --. .-. - --. ---. -.. - -- --- -. - -... 2 Respectfully submitted this ~n day of October, 2006. Respectfully submitted, Carilion Medical Center (Owner) ~;'g-Ji:..ii:!f{:~£~ 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540981 7831) 3 .' EXHIBIT A Description of a portion of Tax Parcel 4040833 containing 0.6499 ac. currently zoned INPUD to be included in an amendment to existing INPUD Zoning by Carilion Medical Center situate on Belleview Avenue City of Roanoke, VA STARTING at a point in the easterly right of way of Hamilton Terrace, said point being the northeasterly corner of City of Roanoke Tax Parcel 4040824 (DB 1728 Pg. 460); Thence leaving the right of way of Hamilton Terrace and with the northerly line of Tax Parcel 4040824, S. 54°33'00" E., 108.74' to THE TRUE POINT OF BEGINNING, said point being on the easterly line of Lot 1428 of Hamilton Terrace (Roanoke County Plat Book 1, Pg. 194 & 195); Thence with a line through Tax Parcel 4040833, S. 54°33'00" E., 52.79' to a point, said point being on the westerly right of way of Belleview Avenue; Thence with the westerly right of way of Belleview Avenue with a curve to the right whose radius is 1011.54', whose length is 119.28', and whose chord is S. 35°22'43" W., 119.21' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 1169.00' whose length is 190.74', and whose chord is S. 43°25'52" W., 190.53' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 856.90', whose length is 111.24', and whose chord is S. 51°49'28" W., 111.16' to a point in the westerly right of way of Belleview Avenue; Thence leaving the right of way of Belleview Avenue and with the northerly line of Tax Parcel 4060201, N. 52°00'00" W., 62.25' to a point, said point being the southeasterly corner of Lot 1440 of Hamilton Terrace; Thence with the easterly line of Lots 1440, 1438, 1436, 1434, 1432, 1430, & a portion of 1428 and the westerly line of Tax Parcel 4040833, the following courses: N. 48°21 '30" E., 57.08' to a point; Thence N. 45°30'00" E., 61.66' to a point; Thence N. 45°01'00" E., 72.17' to a point; Thence N. 43°42'40" E., 122.27' to a point; Thence N. 43°09'30" E., 104.20' to the True POINT OF BEGINNING, containing 0.6499 acres and being the southerly portion of Tax Parcel 4040833 and being a portion of the property included in an amendment to an existing INPUD Zoning by Carilion Health System. NOTE: This description is based on a compilation of records and does not represent a description of the herein described property based on current boundary survey of the property. This description does not constitute a subdivision of Tax Parcel 4040833. 4 ---....::<... .................. i !if, ilii ~f...~\Jìí ~ ~ f i ~¡ ¡ ¡ ................ ~ ¡ , , H i , , ~ , > . .:. 'I ~ ~ ; i.! ~ i 'J' ~ ~ i. i". :¡ ~: ,¡d! . ~" f ~ ", ,~ ~ ~~ ;; ~~I ~ ~ III ¡ ¡ 11' ii; t~fH~~ ~:..I.',~~ ~i. ~ ~¡1>:~I~~;t. ~ ! ~ i¡ ~ :- i" ~:~ , ¡ ~ ",: : ..... ~ i I -:':1 :. I" ~ "~; '.' ~ >s:~:,~ ~ ~ ~ :r!i~ .. .. l' :~I"" .., ~ . ~'. l :'. ~;~·I· . ~c~ ~~,~ io $ ~~h. ii ~ ~ :o:~ ~ ¡; ~;~':,. ~'.~ ~ u:::~ s: î ~i~:~ H ~ ~W !(ml;l¡r \ " ~, I. I '-'. I .-! I ~i 1:.;; .:Ú. .. cl I ~ '. ,I,; ¡ . :. ~ ~;., ~t!11 ~ ~;. þ:,.d ~1'i'l:i E> t·. ~ .,!:: (. "I , C..¡.-¡ I-",.,.¡ in 's ¡;'~;L 1i'~ I! P .. ~ ;:~·.za ¡¡;: I ~~~~,nj~ 15~1 . :: ~i~ ~'I~ rJ! ¡ ~!;¡ ¡I' IIII ~.' '~~~i~'i! ^ ¡ 111-" ,j. ~ I: :f..· II i : ~ I ;, .!) 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"'. \ !.t--l ~! i :i~ í 'PI, !~~ I ., , ~ ~i ! . \. , \ \ \ \ \ EXHIBIT C 4040503 ~0S02 >IlM0501 ~7 4050102 4IlG01O 1 N A 4060301 §" .i' (c) INPUD (c) INPUD 1815 Belleview Avenue, S.E. Tax Map No.'s 4060201, 4040831, 4040830, 4040829,4040828,4040827,4040826,4040833 EXHIBIT D NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL ADJACENT LOTS PROPERTY ADDRESS TAX MAP OWNER(S) NO. City of Roanoke 2012 S Jefferson Street 4060102 Water Roanoke, Virginia 24014 Department Carilion Medical P. O. Box 12385 4060103 Center Tax Department Roanoke, VirQinia 24024 Carilion Medical P. O. Box 12385 4060301 Center Tax Department Roanoke, Virainia 24024 City of Roanoke 215 Church Avenue SW 4040602 Room 250 Roanoke, VA 24011 City of Roanoke 2012 S Jefferson Street 4060101 Water Roanoke, VA 24014 Department Roanoke P. O. Box 12385 4040825 Memorial Roanoke, Virginia 24025 Hospital Torrre Glenn 1630 Belleview Avenue SE 4050102 Michael and Roanoke, VA 24014 Vicki Starke . . IICasb-fsldalalSharedlLegal Admln'SlrallonlWORDlRealEslatelZomnglOld ParKing Garage CRMH to IPUP.doc 7 o¡:i~~ - ~œ;, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A\'Cnue. S. Woo Room ~56 Roanoke. Virginia 2~fl11·1536 Tt'lt"lhum'; IS"")) 8S.'';~5-11 Fnx: (:'40) 853-1145 F.-mail: d~rk0' roanokt·,·ôl.J!;OY snEIU ~.nARTMAI; Assistant Cit)' (~Il'rk STEI'JIA!\IE 1\1. 1\100:'\1. CMC .\dinJ.:: Cil)' llt'rk October 9, 2006 File #5J Robert B. Manetta, Attorney 2 J 3 S. Jefferson Street, Suite 720 Roanoke, Virginia 240 J I Dear Mr. Manetta: 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 Thursday. October 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Carilion Medical Center to amend the Institutional Planned Unit Development District, consisting of 1.84 acres of land lying in the City of Roanoke, on or n"ear 1815 Belleview Avenue, S. E., identified as Official Tax Nos. 406020 J, 404083 J , 4040830,4040829,4040827,4040826, and a portion of 4040833, zoned INPUD, Institutional Planned Unit Development District, to allow construction of an addition to the existing parking garage. 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 540-853-243 J. 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 October 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, " Yr1.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure" The Roall0ke Timeu Roanoke, Virginia Affidavit of ?ublication ~~e ROùno~e Tim~s CARILI,ION HEALTH SYSTEM PO BOX 40032 ROANOKE VA 2~G22 RSFERENCE, 80123053 9887611 NO~ICEO~PUBLICHEAHIN Sta:e of Virginia City of Roanoke I, (the undersigned) an Quthorizcd represen~ative of the Times-World Corporation, which corporation iR publisher of the Roanoke ~imes, 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 o~ viril.}nia. Sworn and subscribed before me this __'-~__day of October 20C6" '¡..¡itness my hand and o ficial seal. ~ is-;;io9:4i e-/#tj¡f!!JÆ:~:O:~~g~~C \. ?¡;In.~SHED ON, '·OS/29 10/06 .--.' , ; .,':' "-,e:\' . ,'" TOTAL COST, ~ILED ON: 341.40 10/11/06 NOTICE OF PUBLIC HEARING I ~~~~~O~k~~i;IIIo~O\~ea C~~Ybl~~ 1 hearIng on Thursday, I 1 October 19. 2006, al 7:00 !p.m.. or as soon thert"'¡lftIH' I';]sthe matter may be ht!;]rd'l in Ihc Council Ch;]mber. 1toùrth floor. in thc !\locI C. 'Taylor Municipal Building, I 215 Church Avenue. S.W.. Rorlnoke. Virg,nia. to consider Ihc following: ¡Request from Carilion . Medlc<ll Center to amend the- Ilnstitutlon;]1 Plannt!d l..nit 'Dcvclopmcnt Dlsniclof 1.98 'acres. on or ne;]r 1815 Bclle~iew Avenue. S.E., bearing OffiCIal Nos.. 4060201: 4040826 lhrough . 4040831, inclusivc, and 4040833. to J.llow an. ladditiontothllcxisting ~ p:lTklng garagc. consistln¡:: of '!>evenparkinglevelsof, II approximately 13.900 ,I square fellt per le~cl. . i : A cop~ of the petlllOn IS ',available for re~iew in thc 'I Office of lh'e City Clerk: . Room 456. Noel C. T:¡)'Ior ,'Municipal Building, 215 Church Avcnue. S.W., :1 Ro,:mokl:1, Virglnl;].. ! I Ail partie!. In intercst and ilcitizen!. may appear on the ;]bo~e datl:1 and be he-;]rd on thc maner. If you arC' a I pcrson wllh a dlsab,lity who r.ecds a(.l;ommod<ltiQns for i Ihls hcming. pl~;]se contact t thc Citv CI~rk's Office. at : 853-25"41. bcfore noon on the Monday before lhe d;]tc ofthcheilringI1Sledabu'ic. . GIVE~ under my Mod this 27th d<l)' of Sllptemb_r.. 2006. ~' Stephanie M. M09:1, ACling City Clerk. j' . . ,- 19887611: ~::::;:;:~~7?_~nE"' 'm'", '-'00"""""' ~ I. \ ()(o ~~1\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 19, 2006, at 7:00 p.m., or as soon thereafìer as the mailer may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Carilion Medical Center to amend the Institutional Planned Unit Development District of 1.98 acres, on or near] 815 Belleview Avenue, S.E., bearing Official Nos. 406020 I, 4040826 through 4040831, inclusive, and 4040833, to allow an addition to the existing parking garage, consisting of seven parking levels of approximately 13,900 square feet per level. A copy of the petition is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the mailer. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Monday before the date of the hearing listed above. GIVEN under my hand this 27th day of September, 2006. Stephanie M. Moon, Acting City Clerk. K.\:-.,onn:s"';:ulI('.J\PII·("AIULlO:-; r-.U:UICALCE:-;TF.R . A!o.lF.tm Pt:O I IO-IQ-'Jt».D{)C Notice to Publisher: Publish in the Roanoke Times once on Friday, September 29, 2006 and October 6,2006. Send aflidavit 10: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Evan R. Bishop ECS Mid-Atlantic, LLC 5320 Peters Creek Road, Suite F Roanoke, Virginia 24019 362-2000 ,,~~ - .~I!\ll' CITY OF ROANOKE OH·'ICE OF THE CITY CLERK 1.15 Church ..hem,,', S. \V.. Room .t56 Rua"uk,·. Vir~i"ia 1..tOIl-1536 Telephone: 154UI85.\·2:;.U Fax: (5411) H5.'-1I4S E-m¡lil: dl'rk(!i"rnanokt·\'a.gm' SIIF.lL\ ". IIARDIAI\ As..i..;¡(:llll City Clerk STEI'II.\NIE M. ~IOmt CW: At'ling <:il}" l1l'rk October 9, 2006 File #51 Western Virginia Water Authority Roanoke Hospital Wing South Torre Glenn Michael and Vicki Starke Carilion Medical Center City of Roanoke Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5 52 3 adopted by the Council of the City of Roanoke on Monday, April 6, J 981, I have advertised a public hearing for Thursday, October J 9, 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 Carilion Medical Center to amend the Institutional Planned Unit Development District, consisting of J .84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue, S. E., identified as Official Tax Nos. 406020 J, 404083 J , 4040830,4040829,4040827,4040826, and a portion of 4040833, zoned INPUD, Institutional Planned Unit Development District, to allow construction of an addition to the existing parking garage. 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- J 730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-254 J. Sincerely, . h1.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venuc. S. W.. RoolU 456 Roanoke. Virgiuia 24011-153(, Tl'Icphnne: ¡5..tOJ H53-.2S-I1 Fnx: 15-10.1 H5-'-II-IS £.1I13il: c1l'rk<d'rllunokc,·u.gO\" SIIEILA 1\.1IAKHIA:'; As~istallt City Clerk STF.PHA~lE M. MOO:';. Oil' Acting City (~Icrk October 6,2006 File #51 RichardA. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Second Amended Petition received in the City Clerk's Office on October 5, 2006, from Briggs W. Andrews, Secretary, representing Carilion Medical Center, to amend the Institutional Planned Unit Development District, consisting of 1.84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue, S. E., identified as Official Tax Nos. 4060201, 4040831, 4040830,4040829, 4040828, 4040827, 4040826, and a portion of 4040833, zoned INPUD, Institutional Planned Unit Development District, to allow construction of an addition to the existing parking garage. Sincerely, ~~~. 'rrttnv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Briggs W. Andrews, Secretary, 213 S. Jefferson Street, Suite 720, Roanoke, Virginia 24011 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning ,Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney t"iL"! I'~ "\1).\"[ ..\\I'¡':SH 1\1{C'7':1:1JI~.~ . S&.A l"l.·';n~,\¿\l:" - {~:"'1I111!~'i( '~rijj:'n ~k¡¡ L\'nl\'r s~,.·':1' AI:lcm:II.~n\.J"c SECOND AMENDED PETITION TO AMEND AN INSTITUTIONAL PLANNED UNIT DEVELOPMENT IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Amendment of the Institutional Planned Unit Development District of 1.84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue SE, identified herein with the Roanoke City Official Tax Nos. 4060201,4040831,4040830,4040829,4040828, 4040827, 4040826, and a portion of 4040833 zoned INPUD, to allow the construction of an addition to the existing parking garage TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Carilion Medical Center, formerly Roanoke Hospital Association, is the owner of the parcels having the Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833 (the "Property"). Said portion of 4040833 is more accurately described in Exhibit A attached hereto. Said Property is currently zoned INPUD. A map of the area where the Property is located is attached as Exhibit C. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner request that the INPUD of the Property be amended to allow an addition to the existing parking garage said addition is labeled Proposed "Parking Structure Infill" as shown on Exhibit B. This addition will result in an increase of 317 spaces in the combined facility The Petitioner believes that the rezoning of said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan. Further, Petitioner believes that the proposed development as described herein and as indicated on the Institutional Development Plan is substantially in accord with City's Comprehensive Plan in that it reduces the need for surface parking lots. The addition will have an exterior that is compatible with the existing attached structure. It will be situated next to a surface parking lot and directly across the Roanoke River from an existing 1000 space parking garage. In addition the existing parking garage is directly across the street from Carilion Roanoke Memorial Hospital. Since it will be surrounded by parking facilities and 1 across the street from the hospital it is being built to serve, it will be compatibility with the structure, character and appearance of the surrounding neighborhood. Attached as Exhibit D are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the Property to be rezoned. WHEREFORE, the Petitioners request that the zoning of the above- described parcel of land be amended as requested in accordance with the provisions of the Zoning Ordinance. 2 Respectfully submitted this 7;1' day of October, 2006. Respectfully submitted, Carilion Medical Center (Owner) BY:£~ Q¡(lL Briggs . A rews, Secretary , 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540981 7831) 3 EXHIBIT A Description of a portion of Tax Parcel 4040833 containing 0.6499 ac. currently zoned INPUD to be included in an amendment to existing INPUD Zoning by Carilion Medical Center situate on Belleview Avenue City of Roanoke, VA STARTING at a point in the easterly right of way of Hamilton Terrace, said point being the northeasterly corner of City of Roanoke Tax Parcel 4040824 (DB 1728 Pg. 460); Thence leaving the right of way of Hamilton Terrace and with the northerly line of Tax Parcel 4040824, S. 54°33'00" E., 108.74' to THE TRUE POINT OF BEGINNING, said point being on the easterly line of Lot 1428 of Hamilton Terrace (Roanoke County Plat Book 1, Pg. 194 & 195); Thence with a line through Tax Parcel 4040833, S. 54°33'00" E., 52.79' to a point, said point being on the westerly right of way of Belleview Avenue; Thence with the westerly right of way of Belleview Avenue with a curve to the right whose radius is 1011.54', whose length is 119.28', and whose chord is S. 35°22'43" W., 119.21' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 1169.00' whose length is 190.74', and whose chord is S. 43°25'52" W., 190.53' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 856.90', whose length is 111.24', and whose chord is S. 51 °49'28" W., 111.16' to a point in the westerly right of way of Belleview Avenue; Thence leaving the right of way of Belleview Avenue and with the northerly line of Tax Parcel 4060201, N. 52°00'00" W., 62.25' to a point, said point being the southeasterly corner of Lot 1440 of Hamilton Terrace; Thence with the easterly line of Lots 1440, 1438, 1436, 1434, 1432, 1430, & a portion of 1428 and the westerly line of Tax Parcel 4040833, the following courses: N. 48°21 '30" E., 57.08' to a point; Thence N. 45°30'00" E., 61.66' to a point; Thence N. 45°01'00" E., 72.17' to a point; Thence N. 43°42'40" E., 122.27' to a point; Thence N. 43°09'30" E., 104.20' to the True POINT OF BEGINNING, containing 0.6499 acres and being the southerly portion of Tax Parcel 4040833 and being a portion of the property included in an amendment to an existing INPUD Zoning by Carilion Health System. NOTE: This description is based on a compilation of records and does not represent a description of the herein described property based on current boundary survey of the property. This description does not constitute a subdivision of Tax Parcel 4040833. 4 ", ">. v. . (:, ~ ~>'~~I'.." ~¡ii¡! ¡,¡I I.. ~ . . ~,~ . ,1 , , ..,.... ". " " " ........... ......-..... ..................... ".1:0, ~'. '_ '.".., ......... 1:;\::"":'... ....... ~;.~:;!~~,. '. , ::~~~.." ". /.;,~~~~:~~~:~~ >~~,<~ ..t;' x ; '.' ,', " I~ <~ . '- ~¡~;'i;1:¡;¡ ~~; ~;.~ ~ ~'I~ ~ ""i::::r.H~·) ...... ~ ~~" ~~ ~:: ~: i ~:' "". '. --';'. ",'>~l':\;. . " '.. " :~';'.,:. . ."~;. ~J .~ ;~~Þ":~" '. ~'''''~ ;-P':·~~.:.... "'.:, ,s ., r, ~. ~~r,...~. :.~. ~" ....... ....., :[:' , , ¡ ¡ , ,. , ¡ ( .~. i. >. ~; , ~ " '. > : ~ ~ ~; !: '~~: ~ ~,. ~ ~ ~ ~ 'i :j I\~ t . .: \ ~ï¡¡ ,<i" ::, L:', ¡ 'I, ' ~ " I~ : . [::¡¡ : ; l:fl; q~ . .,.-, -"'"". ¡¡Iu ¡¡:~ i1! \ : .::.:. . ~: ". '1' \ ""~ ", ..... ':~ :. ~:~ .< "' ~~ ~ ::0;.. hi; r.~ ~ , ",' '= ~ 1:"t- .~ : ~ ~> ~ t. ~ ::; ! ji~: ~ :' '~ t~X ~ '. . l ~ ., ;~. ~, ~,'j.:;. :. .-:; . ~ j ¡!~ ~ ¡ ! :;.:: ~!; Ct., ?'; >~K~~ ~,~N! 'V·'··I', ':':lr: ~.\. 'll ~ ~~ n ::-; ,. ^, , ~ ~ i > ; '" it Ç!! l ~ h ~. ~~",.{¡: :::: -:I,;! r.... ;';:!;;!,¡! ;ii jll lØ¡I¡T .. ,:..:, ~ ~~: I·j ~, ,~n.~" ~, ~ ~ ~ .;: ;:; ~ i ~ ! ~ '~ < .~ ~. ;,: ',",' '. ~ ~ !; . ',;;Li ~ ~ ~ i. ~ :,. '" :1:\ ., ~ ~¿ , ~:.,: ',: 1 \¡::ii'1 I! 1, d¡:~ t~ L ~ .... . . , J fr ....... ~ ",;:' ...( "'. . ;~ ···int:.·. ~t '. ,>,,:: . .'~. '.' ......, ....._~:.: \. '- ~., . .\ , ::;:;.S \;;~:,:\ m¡1~ ;--', ); <~;.~~.,.,' -'. ~~~::vvJÂ\:~;~~l ' ;~t\,>¡ "0:~'\\., \ \". ~.'):.._ "'" ", '~~,;- '" ". \\ '... . '\.~ '., \ ',:~,'~;"".~,': '~,_: ~:i.~;",.":'~' ' :~. " ~. ". ~\ ~ -'.. . ""'" .... .....~. :. '.' l~. .:.,~ '~:i,~(. 1i. ~ ~ .r ... ~ ./ , ". ~~! 11\ r ! 'I! ~.~ J. I : .1'....1 ': ~l I, 'j ,. \ ... -'~l !f. /~ ,~. I ',\ n· .,11 :' .~, --.\ .·S:...;· rt ' :i~ ' ~ ~. ;l. '. :. ;-,1, ". 'li II , " n·· "~_',' 'j' \ ~ . ~~ ~ . . . \, ....... \ \\ ~..-\' ... --I \ \ \ \ \ ,,(JI,.~; " 1,1 i I. \ \'. .~. 'ltr;' "' ~:..: ' · "lif::-' Y I, ' ;;V"._.;~.-_,. 'J;¡!¡ ~ ",.-, ..:-.,.. ~.:... . \. " " \ ',' <::::- " \ '. \ èJ " '" /t' .. '" .., EXHIBIT '_C ..... . 40<0503 ." .; 1 Ijf w '" .CI<(l!,02 4~(w')8 4040007 40S0102 ,.... -<IJG1)10' N A .000301 ~ ø ~ (c) INPUO (c) INPUO ROS 1815 Belleview Avenue, S.E. Tax Map No.'s 4060201, 4040831, 4040830, 4040829,4040828,4040827,4040826,4040833 -'CSO:Y.Jt EXHIBIT D NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL ADJACENT LOTS , I , CityUof Roanoke Water -ºe~artment Roanoke Memorial Hos ital Torrre Glenn 1630 Belleview Avenue SE Michael and Roanoke, VA 24014 Vicki Stark~ __ _ U _ i __ \\Casb-fs\data\Shared\Legal Administration\WORD\ReaIEstate\Zoning\Old Parking Garage CRMH to JPUD.doc PROPERTY OWNER(S) ___ City of Roanoke Water Department : Carilion Medical - Center - Carilion Medical Center City of Roanoke --.. ADDRESS 2012 S Jefferson Street Roanoke, Virginia 24014 P. O. Box 12385 Tax Department U RoarlOke, Virginia 24024 P. O. Box 12385 Tax Department Roanoke, Vir inia 24024 : 215 Church Avenue SW : Room 250 :_RQ9noke, VA 24011 - 2012 S Jefferson Street Roanoke, VA 24014 4060301 ------- 4040602 4060101 P. O. Box 12385 Roanoke, Virginia 24025 4040825 ___I. ! 4050102 7 CITY OF ROANOKE OFFICE.oF THE CITY CLERK 2J5 Chlll'ch Avenue. S. \V.. Room 456 Roanoke. Virginia 2...HJ11-15.~6 Tekphone: 1540.1 X5.'·2S-I¡ bx: 15-10.) 85.,·11-15 E-mail: t:1c.:rkØ"wanokcv:J.go\' SIIEILA "i. 1·IAKI'\1A:\. <:\1<: A:::.sis:ant Cilyelt-rk STEPH,\I\"I' \-1. MOO:\. CMC Ading City Clerk September 27, 2006 I REVISED File #51 Richard A. Rife, Chair City Planning Commission J 326 Grandin Road, S. W. Roanoke, Virginia 240J 5 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (J 979), as amended, I am enclosing copy of an Amended Petition received in the City Clerk's Office on September 5, 2006, ,from Robert B. Manetta, Attorney, representing Carilion Medical Center, to amend the Institutional Planned Unit Development District, consisting of 1.84 acres of land lying in the City of Roanoke, on or near J 815 Belleview Avenue, S. E., identified as Official Tax Nos. 4060201, 404083 J, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833, zoned INPUD, Institutional Planned Unit Development District, to allow construction of an addition to the existing parking garage. Sincerely, ~fv). ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures L ,CLI:R.K\llATA\CKEWI\P..Elllt-!;>;(j AND STREET CI.OS'.iRF\Rrnr.;r.g.s Sll~('l All.:}" Ce'.Caril:nn M~:! Crn:..-r lHJ~ Bdlc\"lc" :\\' ~R amendlllrlll d~.,· Richard A. Rife September 27,2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Robert B. Manetta, Attorney, 213 S. Jefferson Street, Suite 720, Roanoke, Virginia 2401 J 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 I. 'CLERK\DArA\CK.l.:\~·l\¡ŒZU;.lIN(j A~D STRJ.:ET CLOSt:RE'J!.C'.:'·";!lg.<· Street Al:cy ';{"(":I111bn Med Ce:¡;er :!il~ 1I~:le\"lew .....",st: amcn;tmen! doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w.. Room 456 Roanoke. Virginia 24011-1 536 Telephone: 1540) X53-2:i-l-1 F"L\: (,)-Hll 853-] 1-15 [-lUOl1]' .:Jcrk@ci.f'KlIloke.\a.Lls STEPIIAl"1E ~I. ~100N, CMC Deputy City Clerk ~IAR\' F. PARKER. OK (ïl: Ckrk SHEILA ro;. HARnIA~ A~:-.bt:im Cil~ Clerk September 5, 2006 File #5J Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as. amended, I am enclosing copy of an Amended Petition received in the City .H..,.... Clerk's Office on~"August 4, 2006, from Robert B. Manetta, Attorney, representing Carilion Medical Center, to amend the Institutional Planned Unit Development District, consisting of J .84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue, S. E., identified as Official Tax Nos. 406020J, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833, zoned INPUD, Institutional Planned Unit Development District,to allow construction of an addition to the existing parking garage. Sincerely, ~In. Stephanie M. Moon,c~ Deputy City Clerk SMM:ew Enclosures I..'Cu.:RK\D!\TA\CIŒWI\RFZO;";I~G Asn STREET CI.QS1)RE".RezC'nings· Sl1ttl ....lIey flO\("a:ilion ~ted ("enter 18]5 Belleview Av SE ~ndmc:nl do.;: Richard A. Rife September 5, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Robert B. Manetta, Attorney, 213 S. Jefferson Street, Suite 720, Roanoke, Virginia 24011 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ian D. Shaw, Senior Planner L:\CI.F.RK-J)ATA\CKF.W]\R£ZO~I:"õG A~D STRH:"r Cl.OSI:RF.·..R~ZOTIIlIgs _ SIrCe1 Alley Ot-",("arilion ~tec! Cen!er 181~ UelJevi(\\" A\ SE amendment doc FIRST AMENDED PETITION TO AMEND AN INSTITUTIONAL PLANNED UNIT DEVELOPMENT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of the Institutional Planned Unit Development District of 1.84 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue SE, identified herein with the Roanoke City Official Tax Nos. 4060201,4040831,4040830,4040829,4040828, 4040827, 4040826, and a portion of 4040833 zoned INPUD, to allow the construction of an addition to the existing parking garage TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Carilion Medical Center, formerly Roanoke Hospital Association, is the owner of the parcels having the Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833 (the "Property"). Said portion of 4040833 is more accurately described in Exhibit A attached hereto. Said Property is currently zoned INPUD. A map of the area where the Property is located is attached as Exhibit B. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner request that the INPUD of the Property be amended to allow an addition to the existing parking garage said addition is labeled Proposed "Parking Structure Infill" as shown on Exhibit C. This addition will result in an increase of 202 spaces in the combined facility The Petitioner believes that the rezoning of said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan. Further, Petitioner believes that the proposed development as described herein and as indicated on the Institutional Development Plan is substantially in accord with City's Comprehensive Plan in that it reduces the need for surface parking lots. The addition will have an exterior that is compatible in materials and appearance with the existing attached structure. It will be situated next to a surface parking lot and directly across the" Roanoke River from an existing 1000 space parking garage. In addition the existing parking garage is directly across the street from Carilion Roanoke Memorial Hospital. Since it will be surrounded 1 by parking facilities and across the street from the hospital it is being built to serve, it will be compatible with the structure, character and appearance of the surrounding neighborhood. Attached as Exhibit D are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the Property to be rezoned. WHEREFORE, the Petitioners request that the zoning of the above- described parcel of land be amended as requested in accordance with the provisions of the Zoning Ordinance. 2 Respectfully submitted this S~ day of September, 2006. Respectfully submitted. Carilion Medical Center (Owner) By: ~~" ~/ C-L Briggs W. ndrews, Secretary 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (5402245062) 3 EXHIBIT A Description of a portion of Tax Parcel 4040833 containing 0.6499 ac. currently zoned INPUD to be included in an amendment to existing INPUD Zoning by Carilion Medical Center situate on Belleview Avenue City of Roanoke, VA STARTING at a point in the easterly right of way of Hamilton Terrace, said point being the northeasterly corner of City of Roanoke Tax Parcel 4040824 (DB 1728 Pg. 460); Thence leaving the right of way of Hamilton Terrace and with the northerly line of Tax Parcel 4040824, S. 54°33'00" E., 108.74' to THE TRUE POINT OF BEGINNING, said point being on the easterly line of Lot 1428 of Hamilton Terrace (Roanoke County Plat Book 1, Pg. 194 & 195); Thence with a line through Tax Parcel 4040833, S. 54°33'00" E., 52.79' to a point, said point being on the westerly right of way of Belleview Avenue; Thence with the westerly right of way of Belleview Avenue with a curve to the right whose radius is 1011.54', whose length is 119.28', and whose chord is S. 35°22'43" W., 119.21' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 1169.00' whose length is 190.74', and whose chord is S. 43°25'52" W., 190.53' to a point of compound curve; Thence continuing with the right of way of Belleview Avenue and with a curve to the right whose radius is 856.90', whose length is 111.24', and whose chord is S. 51 °49'28" W., 111.16' to a point in the westerly right of way of Belleview Avenue; Thence leaving the right of way of Belleview Avenue and with the northerly line of Tax Parcel 4060201, N. 52°00'00" W., 62.25' to a point, said point being the southeasterly corner of Lot 1440 of Hamilton Terrace; Thence with the easterly line of Lots 1440, 1438, 1436, 1434, 1432, 1430, & a portion of 1428 and the westerly line of Tax Parcel 4040833, the following courses: N. 48°21 '30" E., 57.08' to a point; Thence N. 45°30'00" E., 61.66' to a point; Thence N. 45°01 '00" E., 72.17' to a point; Thence N. 43°42'40" E., 122.27' to a point; Thence N. 43°09'30" E., 104.20' to the True POINT OF BEGINNING, containing 0.6499 acres and being the southerly portion of Tax Parcel 4040833 and being a portion of the property included in an amendment to an existing INPUD Zoning by Carilion Health System. NOTE: This description is based on a compilation of records and does not represent a description of the herein described property based on current boundary survey of the property. This description does not constitute a subdivision of Tax Parcel 4040833. 4 EXHIBIT B MAP 5 ð 4'l Qê It" ~, f!.! EXHIßIT B 'I)<{)~). '" ~ '" eJ It: 41)&(lS02 40<0508 4¡;'¡0501 40~102 ., :.',',..'"-:';.""" ....." ',' .'.'..-",.. ..,." ." . . ~: .. , : ; ....:... .... .. .. . "." ".:,',,: ;'....: "',..:". .~'~:~......~ ~:':;: . .:':.).~:.:~:.:'~ .. ....;;......:....:. -. 4000101 N A 4000301 §" ø - (c) INPUD (c) INPUD 1815 Belleview Avenue, S.E. Tax Map No.'s 4060201, 4040831, 4040830, 4040829,4040828,4040827,4040826,4040833 ROS .c.C$O~lJe EXHIBIT C Parking Structure Infill Plan 6 " ' -, 'I 1 '~.. ...... ¡ ;¡¡ i ,;:! t~ t~ ....:~ ..1 ..I '""i! Ri III - - ".,) - "'~.;¡!:" :;~è;j:~ ?,ai~i%~i ':,Hg~ t=::, :.J~...'2~~-:li "'..~.<,.. ,..<,~". ". ...... ~i¡ ~'! 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"l !'J' ;?h~! lh~ .~ 11!¡f ,..I ;, '1, -"1 (. :t 'iô ~ l .. \¡~;I~ë e Ii , 'I" l!I l~:! § "Iw ï " I.' I '°"11 I' \:;! II-! .,,¡ .! ',' 'n'- ~ . l I l J : , ' . ¡ , ¡ !¡ ! I i II It I I ,~ i I ~ ¡ 'I \ , , j; ,I , , f' "I . li!.:.. '" Ì. .3fl II .' .~! " ...¡ll, H !¡i~ m "I' "¡ t' ".'. r· It ~ H II" ð I:~ I ! ,¡~ : 1 '. (.:..- ~":ii,.,,:;: I .. .;;, ~ ðt t;í:l".;: I 51 !., ~' ; =:;, ~ , ~;~ I :. ,,: . ~I i';' i, : ¡ ; ß¡¡:! !i~¡ i;!~ ,;.- III ~¡ II 't¡ ~ c. ':W¡H¡¡ ih ~~!i i L¡I '.,; la . . ,,,¡! " :;, fl1 (,.~ l!~ ~:"I" ';'':''II,c ~:;a~lli .~ a. .1... (¡II~.I. S ~ii~t, ''-1;' IJ ~~~ il ",I J ~ I 'I~!' ~" Iii I ~ I ~r i q <;. :::< . ~<.. :j!fo ~ ~. i ~ ~r~~f iih: ) ~ ;: III E;i¡ ~ ¡':¡¡ · ¡ ::'Í,'<ilil "'Ial"'¡ I .; è ·r b lib §.. ~ :--- i ~!I.lt j ¡;I' ! i'~j Ii! ~ I J¡II' I. ~ ~;: II ;~ I i I dii;!In .?, ¡·¡·ILI ;,d . · · bg;:¡liItl ~fr~rJ! ~;!,!¡.! - "1::1.. ~¡!'II'I!! ';Ii .. (~I'f!~¡~ : "¡ii'!:! '. .¡I., . ¡. e li.iÎ. d.:.. .,...... . :d ! . .: I '. . IH : · b'4:r ! !!! I ill I di¡l ¡¡ ': ¡I, i .' ". r 'iI ¡ I ~.~ ..";Í b ~ ~;. ¡; ill ~ ;" t; :¡ir' ¡¡ I,~ Hi x x I' ;~I I¡. '1 ; t~ I!t I. ! cP. ~ iI, '¡~ i i :. Iii ,: ! ! I , · I . \ \._.' ..,.,. .~'. c·, \ ... , '-. \ '. EXHIBIT D NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL ADJACENT LOTS City of Roanoke Water De artment Roanoke Memorial Hos ital "T ". Torrre Glenn l1630 Belleview Avenue SE . Michael and Roanoke, VA 24014 [ Vicki Starke \\Casb-fs\data\Sh-ared\Legal Administration\WOROìReaIEstate\.Z"oning\Old BelleviewParkingGaragelPUõ:doc PROPERTY O~NER(S) City of Roanoke Water Department. Carilion Medical Center Carilion Medical Center City of Roanoke .- [TAX ESS MAP NO. .-.-- Jefferson Street 4060102 ke. Virginia 24014 ----- . .. ox 12385 4060103 partment ke, Virainia 240?j_ .. ox 12385 4060301 partment ke, Virginia 24024 -. -... ..-- hurch Avenue SW 4040602 I 250 ke. VA 24q11 , , ._-.. ... ._..J I ADDR 2012 S Roano P.O.B Tax De Roano P.O.B Tax De Roano 215 C Room Roano 2012 S Jefferson Street Roanoke, VA 24014 : 4060101 ... ] ..! . P. O. Box 12385 Roanoke, Virginia 24025 4040825 4050102 7 /::fí.'!iJ.~-.... !II~'.-·~~ , :S- ....:.:. :"'? ...-ç.~ ("'f ".. . '~I \~;.".~ '\'::.2~E;;::/ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w.. Room 456 Roanoke. Virginia 240 11-1536 Telephone: (,;4(l) 853-25..J I Fô1:\: (540) 85;\·1 ]45 [-mail: derkl.!h:i.rn:lI10k('.\":I.IlS STEPHAN'll': M. !\.100:-J. C\IC Deputy City Clerk SHEILA N. HARTMAN A!'sis[anl City Clerk MARY F. PARKER. Ote Cil)' Clerk August 7, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 240J 5 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (J 979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on August 4, 2006, from Robert B. Manetta, Attorney, representing Carilion Medical Center, to amend the Institutional Planned Unit Development District consisting of J .98 acres of land lying in the City of Roanoke, on or near J 815 Belleview Avenue, S. E., identified as Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and 4040833, zoned INPUD, Institutional Planned Unit Development District, to allow construction of an addition to the existing parking garage. Sincerely, ~rn,~ Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures .- L·\CLI:R).,"\DATA\CIŒWI\RFZONING AND STREF.T CLOSUR.E\Ra.clnin¡s - StrCt1 Alley 0I)"\F('Þ06";('anhon Mcd (clller 181' ßcllcvlcw II.. SE doc Richard A. Rife August 7, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Robert B. Manetta, Attorney, 213 S. Jefferson Street, Suite 720, Roanoke, Virginia 240J J 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:\CLERK\DATA\CKEWI\RF..lONTNG A~D STREETCL05URE\Rezonings. SIreC1 AI!~ 06\Fc:b06"\Carilion Mc:d Cenler 1815 Bcllc:view Av SE do.:: PETITION TO AMEND AN INSTITUTIONAL PLANNED UNIT DEVELOPMENT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of the Institutional Planned Unit Development District of 1.98 acres of land lying in the City of Roanoke, on or near 1815 Belleview Avenue SE, identified herein with the Roanoke City Official Tax Nos. 4060201,4040831,4040830,4040829,4040828, 4040827, 4040826, and 4040833 zoned INPUD, to allow the construction of an addition to the existing parking garage -- .--- TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Carilion Medical Center, formerly Roanoke Hospital Association, is the owner of the parcels having the Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, 4040833 (the "Property"). Said Property is currently zoned INPUD. A map of the area where the Property is attached as Exhibit A. Pursuant to Section 32.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner request that the zoning of the Property be amended to allow an addition to the existing parking garage said addition is labeled "Parking Structure Infill" as shown on Exhibit B. The Petitioner believes that the rezoning of said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan. Further, Petitioner believes that the proposed development as described herein and as indicated on the Institutional Development Plan is substantially in accord with City's Comprehensive Plan. Attached as Exhibit C are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the Property to be rezoned. WHEREFORE, the Petitioners request that the zoning of the above- described parcel of land be amended as requested in accordance with the provisions of the Zoning Ordinance. 1 Respectfully submitted this ]d day of August, 2006. Respectfully submitted, Carilion Medical Center (Owner) By: ~ Qj O~- L- Briggs W. A rews, Secretary . 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (5409817831) -..- .-------------. _______________.______..__._.__m___._.. ___ ____..___ ._ _ __._ _ ___.__ __..__.._____.... __...__..__ __m__ ..___.... ___._.._________ 2 ~ !,~- . , "." .:. ,:.... '. ¡' . ,. .,. .... .... EXHIBIT A ...., .,.:.:.... ,:"' . . ..: \ " .,. ". '":'.! . .~ , ". ¡ :i EXHIBIT B 4 EXHIBIT C NAMES, ADDRESSES AND TAX NUMBERS OF OWNER(S) OF ALL ADJACENT LOTS PROPERTY , ADDRESS I TAX MAP I--ºWNER(S) NO. ...--- City of Roanoke 2012 S Jefferson Street 4060102 Water Roanoke, Virginia 24014 DeDartment ..".- , 4060103 Carilion Medical P. O. Box 12385 Center Tax Department Roanoke, Virainia 24024 Carilion--Medical g.-O.·Box 12385 4060301--- Center Tax Department Roanoke, Virginia 24024 .. ..-- . City! ofRoanõke 215 Church Avenüë¡ SW -. -- - 4Ô40602 Room 250 .._u_.. Roanoke, VA 24011 City of Roanoke 2012 S Jefferson Street 14060101 Water Roanoke, VA 24014 Deoartment Roanoke P. O. Box 12385 Memorial Roanoke, Virginia 24025 I 4040825 HosDital Torrre Glenn 1630 Belleview Avenue SE 4050102 Michael and Roanoke, VA 24014 Vicki Starke -.--- --. ..--- \\Casb-fs\data\Shared\legal Adm/n1stration\WORD\ReaJEst.:'1te\Zoning\Old Parking Garage CRMH to IPUD.doc 5 I 1 J ï: " , , ", '" ~,' ! ! ¡¡Iii! !¡J \, ',,,, 11 ,;;; !~¡, I' " ,~:b~i~?~~,~:~,~ ¡¡ ;~il iiil ¡ii ii! ~! i i ,". .,~ . -, , " I "!I,,,, , o 7 '~,~<:/ .,:\~~ ;: !" ,I \ i'''H i . k.' ct->, ~''''''"' '., I" ì' ". '~~. v· ". 't. '. ...>< "~}\':~\, ''''-...,'''''''' \.., Y<¡\ d ' , , . .~, ,'., "" , ,. ;.,'/?, · b' .. '... 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"·¡¡~¡!l·~~k.,~"f. ;~;~;i~~\ '\ \", (':¡h !l'1sl__ -"~ .". 1';-...:..."'...." . " .. '\ . -", '" "l ....,.:'....~,. ". . 'O;/,:~.:"'~:"'" \. < . ,,¡ '". '...,...... ,. .....,... ~,·!.n,~... ·····;~.,;,i '~·'~~:~f..>.~.·f.:~.,.,....<t, '\~~:~,~,:.::'.~" . (.:i~~\<.. '\ \~L r..-f " . . ~., ~~-.',,' '''' ".' .. ""'", . - . "'. ".", "'.....''>'4., , l' \ ._ ~ ""f..~~~",. '~" ,l\ t;:..- '" " ", "".. '" ,... .. . '" " '''' "ß. ''ì\ \ \\ . ....... ~ .....~~\;,h '1¡~ ';~'~,..'t '~1,\ \ \ \.. -..<~, .;..:... ::":", "'. ~"'. \~:~\ \ "0;' 0.,;;\, ; JÌ¡\ ' ..... -;,;.<"-. "" "'.,. , . 1.,\.. \ \.,.......'<,'\~';¡ . ""'~i . \ ....,....,....\\>z~> \t,':~ Lj \ .... '\i~":"~/ni·[\¡l:¡.. '~f , \ '. ;~~~,.., ,: /~11'O ¡q¡ I --. . \ \ '\ \. \~\" .~.;:.'/ l ,:\ : :~¡: \\ '\ "i~:M~·Ji, i \ \ '.\ 1 \o,~~" :;~' I \ ; \ , : "Ii?"' \ I d, .. \\ \~~";, þ, : \'" '\ \..'. . ;1 1-= I \~ ......:. ;". I \ """" .......-......::--~~. ~I ,.,.,.".... . '-'-... :; :,~ ;:l....\ .............-...... " , >~.~·L.~, ,. '- 1.-.... '. l, ,.~ .... I. '.....l.L " ì......., '" ,. \., ',·l.., -.... '--.... \'''ì '. .~ \ '\ \ , \, \,i.., \.,!"_. i.. 0;.. , " "\ , "~t·\ .~::~" "1... '..,.. ''-'\ --1.. \. \., \.. í... , -~ -; , . \ " '... \.. 'ì \ ", ~, \ i e! I I JI!I.!" ~ ~I. '" :::; :lllfl''¡ &: ~.,.. ?"", II - ¡~ ~. ~ .'1 ' .! I: ¡I ,~ ~ ¡"j ~l"ll'l ¡ h!~il¡1 !¡'Ill I'· "'. i¡. 19 I! !! j" I i¡l~jl I Jill, I; TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE INPUD.AMENDMENT REQUEST OF: Carilion Medical Center for property in vicinity of 1815 Belleview Avenue, S.W., Official Tax Nos. 4060201, 4040831, 4040830 4040829,4040828,4040827,4040826 and 4040833 ) )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 22nd day of August, 2006, notices of a public hearing to be held on the 21st day of September, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 4060102 4060101 WVWA 2012 Jefferson Street, SW Roanoke, VA 24011 4060103 4040825 Carilion Medical Center POBox 12385 Roanoke, VA 24024 4060301 Roanoke Hospital Wing South POBox 40032 Roanoke, VA 24022 4040602 City of Roanoke 4050102 Torre Glenn Michael and Vicki Starke 1630 Belleview Avenue, SW '01UZ:hi<.-&~~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of August, 2006. ~ Cf ~t~ My Commission Expires: c:?-~g -07 . 'Õ;L~ -. ~~ . CITY OF ROANOKE OFFICE OF THE CI1Y CLERK 215 Church Avenue. S. W.. Room 456 RomlOkc. Virginia 24011-1536 Telepl 1C.1I It:': f!)40J R50-2541 Fox: (o4() So:j·] J.lS E-mail: derk:f1;roanokc....a.goy SHElLA:'oJ. HARTMAN Assistant Cilv Clerk STEPHAj\;lE M. MOO:'oJ. CMC Acting City Clerk October 23, 2006 File #79 Bobby C. Looney, President Kazim Temple Corporation Past Potentate of Kazim Temple 628 W. Campbell Avenue Roanoke, Virginia 24016-3596 Dear Mr. Looney: I am enclosing Ordinance No. 37596-101906 exempting from real estate property taxation located within the 300 block of Rorer Avenue, S. W., identified as Official Tax Nos. J 112405, 1112406, J J J 2407 and J J J 2408. The above referenced measure will be in effect on January J, 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. 37596-1 OJ 906 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October J 8, 2006. Sincerely, ~. tn. 1Y1t»rtJ Stephanie M. Moon, CMt Acting City Clerk Enclosure Mr. Bobby C. Looney October 23,2006 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget i$ v~ IN THE COl1NCIL OF TITE CITY OF ROA0JOKE, VIRGINIA. The 19th day of October. 2006. No. 37596-101906. AN ORDINANCE exempting from real estate property taxation certain properly located in the City of Roanoke of the Kazim Temple Corporation, an organization devoted exclusively to chm-itable or benevolent purposes on a non-profit basis; providing ror an ctfective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Kazim Temple Corporation (hereinafter "¡ht: Applicant'} has petitioned this Council to exempt certain rcal property or the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution o[Virginia; WHEREAS, a public hem-ing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on October 19, 2006; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (l950). as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt limn taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map 1'\ os. 1112405, 1112406, 1112407, and 1112408 and located at Rorer Avenue, S.W., (¡he "Property"), and owned by the Applicant, shall be used by the Applicant exclusively ror charitable or bencvolent pluposes on a non-profit basis; and WHEREAS, in considcration of Council's adoption of this OrdimU1ce, thc Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty perccnt (20%) of ¡he City orRoanoke's real estate tax levy, which would be applicable to the Property were the Property not cxcrript from such taxation, for so long as the Property is exempted from such K:\Þ..klsures\tax excm;H Kaxim Temple Corporation 1006.doc taxation; THEREFORE, BE IT ORDADJED by thc Council of the City of Roanoke as follows: I. Council classifies ¡md designates Kazim Temple Corporation as a charitable or benevolent organization within the context of Scction 6(a)(6) of Article X of thc Constitution of Virginia. and hereby excmpts from real cstate taxation certain real cstate, identificd by Roanoke City Tax IVlap Nos. 1112405, 1112406, I I 12407, and 1112408 and located at Rorer Avenue, S.W., and owncd by the Applicant, which property is used cxclusively lor charitable or bcnevolent purposcs on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordancc with the purposes which the Applicant has designated in this Ordinance. 2. In considcration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanokc on or before October 5 of each year a service charge in an alllount cqual to twenty (20%) percent 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 [he Property is exempted from such taxation. 3. This Ordinancc shall be in full force and effect on January I, 2007, if by sueh timc a copy, duly executed by 'lll authOlized officer of the Applicant, has been ¡¡led with the City Clerk. 4. The City Clerk is dirccted to forward an attested copy of this Ordinance, after it is properly executed by the Applicaut, to thc Commissioner of the Revenue and the City Treasurer for purposes of assessment and collcction, respectively, of the service charge establishcd by this Ordinance, and to Bobby C. Looney, Presidcnt, Kazim Tcmple Corporation. K:\.\.1easures\tax cx~mpt Kaxim Tempie Corporation 2006.duc ;;. 5. Pursuant to S~ction 12 of thc City Chartcr, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn, rY¡~ City Clerk. ACCEPTED, AGREED TO A:-;¡D EXECCTED by Kazim Tcmple Corporation, this ~I day of_~~P(. ,2006. i1~<:i:r(~i1:<~~ ~ ,~.;,. <.;. L (¿; (SEAL/: .::) :c' ..~._;,¿:,~~~:..: , . - ': "'~.. :? .-, .....) ,,' ~%;fi~f::.i;·:!.~~~-;~~,é' h:.'·.i\k;lSUI"l..:s\tax e.xl.::npt Kaxim Temple CurpI1:·::l.til1n ¿nOh.Joe KAZIì\I TEMPLE CORPORATION BY~ Bobby C. o~~ oney, Presidcnt CITY OF ROANOKE OFFICE OF THE CITY MANAGER :\oel C. T.1ylor Municipal Building 215 Chun.:h Avenut\ S.\V., Room )(,-1- Rlldn~.lkc, Virgini.:l 2..J.lll1-1~~}"1 T,·t·pht1lll.': (:"oll)j S;.1-~.13.' 1:,1\.: (~'...l)) l-i53-ll J-': (ïl\" \Vl,b· \\'\\·\\·.r...I,111\"lb'\·,1.~tl\' October J 9, 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 Subject: Tax Exemption Request from Kazim Temple Corporation Dear Mayor Harris and Members of City Council: Background: The Kazim Temple Corporation, the holding company for Kazim Temple, A.A.O.N.M.S. (Kazim Shriners), owns the properties known as Tax Map numbers 1112405,1112406,1112407, and 1112408, located on Rorer Avenue, SW, Roanoke. The primary purpose of the Kazim Temple Corporation is to support the Shriner's Hospitals for crippled and burned children. Annual taxes due on the four parcels above are $606.90 on a total assessed value of $51 ,000. 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 J, 2003. The Kazim Temple Corporation has provided the necessary information required prior to October J 5, 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 total loss of revenue to the City on the four properties will be $485.52 annually after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be S J 21.38. Honorable Mayor and Members of Council October 19. 2006 Page 2 Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the properties known as Tax Map numbers 1112405, J J 12406, J 112407, and J J J 2408 by classification or designation under the Code of Virginia. The IRS recognizes it as a 50J (c) 3 tax-exempt organization. Notification of a public hearing to be held October J 9, 2006, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Kazim Temple Corporation 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 numbers J J J 2405, 11 J 2406, 1 J J 2407, and 1112408, located on Rorer Avenue, SW, Roanoke, if the organization agrees to pay the subject service charge by that date. itted, ~ Darlene L. B ' cham City Manager DLB/rbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Director of Planning, Building, and Economic Development Sherman M. Stovall, Director of Management and Budget CM06-00 J 70 Kazim Shriners - Rorer Avenue Tax Exempt Received Amended Petition 2"d Amended Petition 3'd Amended Petition September J J, 2006 N/A N/A Affidavit Notice of Public Hearing Letter To Council Letter to Attorney/Adjoining Property Owners I COMMISSIONER OF THE REVENUE CITY OF ROANOKE SllER\L\N ,\. HOLLAN) (·("lImi'il~j411Icr C;I~U;()HY "i, E.\IElðf)ì\ f1Iid"II'11111.\ September 15. 2006 Mr. Bohby C. Looney President Kazim Temple Corporation 628 West Campbell Ave Roanoke. VA 24016 Re: Property located on Rorer Ave.. SW Tax Map Nos. 1112405.1112406,1112407 and 1112408 [)ear Mr. Looney: The above parcel is currently heing taxed by the City of Roanoke tor real estate taxes for the 2006-07 tax year. To be placed on the tax exempt rolls. a form has to be filed with the Roanoke City Council to get tax exempt status. I hope this is the information that you need. please contact me if you have more questions. Sincerely, .} ""...f~ /" <." :-7i.":'._--~':: ~~"../ Shennan A. Holland Commissioner ofthe Revenue ee: Mary Parker. City Clerk SAH(jec ::!I:" ('hmdl AVl:IlIh.: S\\'. R~111l1l251 '* R¡~lIhlh·. Vir~ilIi;12.1011 Phlllll: I)-WI :-;:".1·2521 * r,l.\ i:;..)O ~-"J-1115 * hïL1I'.1"II(II/(lkl'l:fll'.{"(IIIl The Roanoke Times Roanoke, vjrgtnia Affidavit of publica=ion The Roanoke Times + KAZIM SHRINE ~EMPLE ATTN: DON GARLOCK 628 CAMPBELS AVE SW ROANOKE VA 24016 .... REFEREXCE: 80091604 9888361 NOTICE OF PUBLIC HEARING NOTICEOFPUBSICHEARIN City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _Ll9A-_day of October 2006. ~'¡itnF.:gs ::ny hand and o[[::"cial seal. ~meCY1 --~ ----~-=~~---- My c mmission expir Ü~~T ?ublic LI-I-_-----:¿12t17- Nolict! is hereb~ given Ihat the City Council of lhe Cil~ of Roanol<.e will h"old.a publiti he;:¡ring (If lis .reguliJr meeting to b!'.helcl on October 19.~'2006, commencing olt 7:00 p.m.. In IheColJlicil Chambers. 4th Floor. i\oel C: Tli)'I(lf Municipal Building. 215 Church Avenue. S.W.. Roanoke. Virginia on the' queshon of ~doption of an' ,ornHl3ntepursuanl10 .~ §58.1-3651. Code 01 Virginia "(1950). ¡Hi amended, . àpprovingthe request ofThl:' K.JzimTC'mpleCorporauon, fordeslgnJtionofitsreoll propertv, identified as' OHidal Tm Nos. 1112405. 1112406. 1112407. and 1112408 and located at Rorer A~enue, S.W.. to be e~em'ltedfromta~alion. The tolal assessed."allltlof theapplrc.ant'sre<llcstê1te for ta, yem 2006:2007 is $51.000,00, .....ith a lotal real C'st<lte ta.~ <Issessment of S60G.90 for th~ 2006, 2007 tax ) Ehlr. The 105S of rC'vC'nue .....ill be $485.52 : annually after a 20~;' service' ICh<lrge is levied in lieu ot reill eslate la\~s. .Cillzens Sholl I have the I' opportunity to be heard and e\preSS lheiropinlons on Ihism¡¡t!er. If you are ol person with a· IdisabilitY who needs i1ccOmmOd¡ltioIlS for this ; public hearing. contact the' 'City Clerk's Office. r 853·2541. b~ 12:00 noon on Monday. Octobi!r 16. 2006. GIVEN under m~ hand thic; 27th dílY of SC'ptember, 2006. S:~phi:lnie M. Moqn, Acting City Clerk. State of Virg::"nia Ci.ty of Roanoke I, (the ur..ders::"gnedl an au:.hoL'i:..;ed representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the a~~exed notice was published in said newspapers on the following dates: ?'J2,-ISFIl9 O!J: 18/06 . ;\\','. I (9888361) TOTAL COST: FILED ON: 184.59 10/11/06 ---- - - - - - ----+- ----- ---------- Authorized V-. -#- -¡¡},h l ^. .' . Signa t u"e : __I ~ft---~7~~ 11. i ng Se rv ice s Represent a:. i ve \\ ,,0<- ~~-" :/ ì\"OTICE OF PUBLIC HL\U1NG l\oticc is hereby givenlh~t the City Council of the City ofRo~noke will hold ~ public be~ring at its regular meeling to be held on Octob,'r 19, 2006. commencing at 7:()O p.m.. in lh<: Council Chambers. 4lh Floor. l\oel C. Taylor Municipal ßuilding. 215 Church A v,'nue, S. W.. Roanoke. Virginia on the question of adoption of ~n ordin~nee pursuant to §5S.1-3651, Code of Virgini~ (I ')50). as amended. ~pproving the request of The Kazim Temple Corpor~tion, for designatilln olïts real pn1perty. identi lied as OIlil"i~1 T~x I\llS. 1112405. 11 I 240(i. 1112407, ~nd 1I1240S and loealed at Rorer A venue. S. W.. to be exempted Irom taxation. The total assessed value of the applieant's real eslale fix tax year 2006/2007 is 551,000.00, with a total real estate tax assessment ofS606.90 for the 2006/2007 l~x ye~r. The loss of revenue "'ill be 5485.52 annually aftl'r a 2cn·" servicc eh~rgc is le\'icd inlicu ofreall'state taxes. Citizens sball have tbe 0ppl)rlunity to be heard and express their opinions on this malter. If YOll arc ~ person with ~ disability who needs accommodations for this public hearing. ellnt~et the Citv Clerk's Office. 853-2541. bv ] 2:00 noon onl'\'lond~v. October 16.21)06. '" '''' .' Cì[VE~ under mv band this 27thdavof September . 2006. -' _.n... -' _____________ Stepbanie M. Moon. Acting City Ckrk. " "..\11··\:-.1 ·c::-: l":\X 1::\:1:\\1'":" I'll ~:n "fl· I, ¡,:.\ \"1.\1 .'l.",',lI-'~[ '. ",l]:/'\!;{ ,":";¡ I'. :"JlJ{" " Notiee to Publisher: Publish in the Roanoke Times onee on Friday. Oetober 6. 2006 Send affidavit to: Stephanie M. Moon. Aeting City Clerk 215 Chureh Avenue, S. W. Roanoke, Virginia 240 II (540) 853-2541 Send bill to: Bobby C. Looney. President Kazim Temple Corporation 628 Campbell Avenue, S.W. Roanoke. Virginia 24016-3596 344-9306 CITY OF ROANOKE Office of the City Clerk 215 Church Awnue, S. Woo Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-] 145 I::.mail: clerk{ª:roanoke\·a.~o\· Slephanic :\1. "loon. CI\1C Acting Cit~' Clerk Sheila I'õ. lIarlman Assistant Cit~· Clerk September 12, 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 J 9, 2003, Resolution No. 3633 J -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 on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on September 1 J, 2006, by Kazim Shriners, A. A. O. N. M. S., a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real property located within the 300 block of Rorer Avenue, S. W., identified as Official Tax Nos. J 112405, J J 12406, 11 J 2407, and 1112408, 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 J 5 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~ M. tY10hV Stephanie M. Moon, CM~ Acting City Clerk Attachment L:\CU::RK\D^TA\CKF:Wl\Tax [xcmpl\Kazim Temple Rorer A\'enue.doc Darlene L. Burcham September 12, 2006 Page 2 pc: Bobby C. Looney, President, Kazim Temple Corporation, 628 Campbell Avenue, S. W., Roanoke, Virginia 24016·3596 The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget 1."TI.ERK\l)A·JA\CKF.WI\Tax EXl'mpt\Kazim Temple Rorer Avenue.doc "_,,, --' -'d¡-> IC\7.1":\1 ~I-IHIXI';W": ..:\....\..().~..'I.~. "328 WEST CAt-1I-'!:WL L. AVENUE· qOAt-JOKF.. VIRGINIA 24016-3596 (5401 344-93G6 . FAX '540) 343-9967 koz::.rr'?bfitE';E'COfvì. '101 i<C:=ïFRT IN '.JAr r>C>TEr,ffA-r 2Ç;O~) I--l::,,:L1Y C. DE"^U~. I"' I"' I..E.CCR::ER Scptember II, 2006 Honorablc Sherman A. Holland Commissioner or the Revenue City of Roanoke 215 Church Avenue SW Room 251 Roanoke, VA 24011-1591 Dear Mr. Holland: The Kazim Temple Corporation, the holding company for Kazim Temple. A.A.O.N.M.S.. hcreby request exemption from rcal cstatc taxcs pursuant to Title 58.1. Chapter 36-Tax Excmpt Property. or the Code or Virginia (1950). as amended lor property located on Rorer Avenue SW more specifically idcntified as tax map number's 1112405. 1112406. 1112407, and 1112408. The Kazim Temple, A.A.O.N.M.S. is cxempt under Section 501 (c) (10) of thc Intcmal Revenue Code or 1954. as amended by the Tax Rerorm Act or 1969, as evidenced by the attached copy of a lettcr issucd to Thc Impcrial Council of the Ancicnt Arabic Ordcr of the Nobles of the Mystic Shrinc of North Amcrica dated April 29, 1971. The Kazim Temple Corporation currently owns property located at 628 Campbell Avenue S W which is excmpt from rcal cstatc taxcs. Thc propcrty cncompasscd by this rcquest was purchased to replace property at 327 West Campbell Avenue, which was recenlly sold, and will be used to store paradc cquipment and othcr vchicles. which has previously been slored at 327 Wcst Campbcll Avenuc. All equipment and vehicles are used by the Kazim Tcmple. A.A.O.N.M.S. for its charitable and lax excmpt operations. Should you need additional information please let us know. Sincerely. ðdd._C!-~ BOb~y c.~ney President Kazim Tcmple Corporation Past Potentate of Kazim Temple ." '. VIRGINIA: JN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATJON OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTJON 6(a)(6) OF THE CONSTITUTION OF VIRGINIA . . TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, Kazim Temple Corporation a Virginia, non-stock, not for profit corporation owns certain real property, located at Rorer Ave SW in the City of Roanoke, Virginia, which propcrty is City of Roanoke Tax Map ID Ia. 1124 05with a total assessedvalueof$2l,800 andatotalof$ 259.42 in real property taxes that wcrc paid or would have bcen paid in the most reccnt year, desires to be an organization designated pursuant to the provisions of Scc. 58.1-3651, of the Code ofVirgiriia, as amended, in order that the refercnccd real property, to be used exclusiveJy for charitable and benevolent purposes in . The support of the Shriner's Hospitals for crippled and burned children. More specifically a metal building will be constructed for the storage nf parade and other vehicles. (De.,cribe pm posed use of real propert)', if applicable.} 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 thc purpose for which the Petitioner is classified. . . ,. (if requesting exemption for personal property, complete sectionl.b) lb. Your Petitioner, a Virginia, non-stock, not for profit corporation owns ccrtain personal property, located at in the City of Roanoke, Virginia, \vith a total assessed value of$ and a totaJ of S in pcrsonal property taxes that were paid or wouJd have been paid in the. most recent year, desires to be an organization designated· pursuant to thc provisions of Sec. 58. J -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusiveJy for charitable and benevolent purposes in .. ¡. (Describe proposed IIse ofperso/lal property, ifupplicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so Jong 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 Petitioner agrees to pay to the City of Roanoke, an annuaJ 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, iflocated within a service distriet, agrees to pay to the City of Roanoke an annual service charge equaJ to the additional service district tax that would be levied for as Jong as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a trienniaJ review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: I. (Q): Whether the organization is exempt from taxation pursuant to Section 50] (e) of the Internal Revenue Code of 1954. (A): . Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Codeofl954 on January 1. 1970 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. . (A): Not on this property 3. (Q): Whether any direetor, offieer or employee of the organization has been paid compensation in excess of a reasonable allowanee for salaries or other compensation for personal services which sueh director, offieer or employee actually renders. (A): Only the Recorder(Office Manager) receives compensation which is of a nominal amount. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individuaJ, and whether any significant portion of the service provided by 2 sllch organization is generated by funds receivcd from donations, contributions or, local, state or federal grants. As used in this subscction, donations shall inelude the providing ofpersonaJ services or the contribution of in-kind· or other material services. (A): No 5. (Q): Whether the organizatiim 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 (Describe the public service) Supports the Shriner's Hospitals for crippled and burned children. 6. (Q): Whether a substantial part of the aCtivities of the organization involves carrying on propaganda, or otherwise· attcmpting to influence legislation and whether.the . organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis ofreligious conviction, race, color, sex or national origin. (A): No 8. (Q): Whether there is a significant revcnuc impact to the locality and its taxpayers of exempting the property. (A): No siqnificant revenue impact 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): Our main property at 628 W. Campbell Avenue is currently exempt (Provide as necessa1J'). Note: A copy of this Petition is being delivered this day to the Ciiy Manager of the City of Roanoke, Virginia. 3 , THEREFORE, your Petitioner, Kri 7.; m '!'pmp 1 p rrorpror,,+ i ron , respectfully requests to the Council of the City of Roanoke 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 property so exempt is used for the particular purposes of providing support to the Shriner's Hospital for crippled and Durned ch~ldren. (Repeal proposed use of propert}). Respectfully submitting this Lday 5</"-:, 20~ BY:~~&~ Pres! t . 4 ., VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTJON 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Pctitioner, Kazim, Temple Corporation a Virginia, non-stock, not for profit corporation owns certain rcaJ propcrty, located at Rorer Ave SW in the City of Roanokc, Virginia, which property is City of Roanoke Tax Map 10 #11124 q6.vith a totaJ' assessed value of $ 10, 000 and a total of $ 119. 00 in real property taxes that were paid or would have been paid in the most recent year, dcsires to be an organization dcsignated pursuant to the provisions of Sec. 58.1"3651, of the Code of Virginia, as amended, in order that the referenccd real property, to be used exclusively for charitable and benevolcnt purposes in The support of the Shriner's Hospitals for crippled and burned children. More specifically a metal building will be constructed for the storage of parade and other vehicles. (Describe propo...d IIse of real propert)', if applicable.) be excmpt from taxation under the provisions of Article X, Scction 6 (a)(6) of the Constitution of Virginia so Jong as your Petitioner is operated not for profit and the property so exempted is uscd in accordance with the purposc for which thc Petitioner is classified. (if requesting exemption for personal property, complete section l.b) J b. Your Pctitioner, a Virginia, non-stock, not for profit corporation owns ccrtain personaJ propcrty, locatcd at in the City of Roånoke; Virginia, with a total assessed value of$ and a total of $ in personal property taxes that were paid or would have been paid in the most recent ycar, dcsires to be an organization designated pursuant to the provisions ofScc. 58.1-3651, of the Code of Virginia, as amcnded, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in ' (Describe proposetlllse of persm/lll pmpert)', if applicable.) 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 Petitioner agrees to pay to the City of Roanoke, an annuaJ 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, iflocatcd within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additionaJ service district tax that would be levied for as long as this exemption continues. 4. . Your Petitioner agrees to provide information to the Director of Real 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 50] (c) of the Internal Revenue Code of 1954. . (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue . Codeof]954 on Januarv 1.1970 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. (A): Not on this property 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):.· Only the Recorder (Office Manager) receives compensation which is of a nominal amount. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by 2 such organization is generated by funds received from donations, contributions or, local, state or fedcraJ grants. As used in this subsection, donations shall inelude the providing of personaJ services or the contribution of in-kind or other material services. (A): No 5. (Q):. Whether the organization provides services for the common good oftlle public. (A): Your Petitioner provides services for the common good of the public in as much as it (Describe the public service) Supports the Shriner's Hospitals for crippled and burned children. 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 office. (A): No 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No 8. (Q): Whether there is a significant revenue impact to the . locality and its taxpayers of excmpting the property. (A): No siqnificant revenue impact 9. (Q): Any othcr criteria, facts and circumstances, which the governing body deems pertincnt to the adoption of such ordinance. (A): Our main property at 628 W. Campbell Avenue is currently exempt (Provide as necessary). Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. 3 THEREFORE, your Pctitioncr, Ki'l 7. i In 'I'f'Inpl i" ('roTproT;et- i ron respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Pctitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing support to the Shriner's Hospital for crippled and Durned ch~ldren. (Repeal proposed use of pro perl)) . Respectfully submitting this lLday >.0./7;'20&6 BY:~~~ Preside 4 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTJON FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, Kazim Temple Corporation a Virginia, non-stock, not for profit corporation owns certain real property,· located at Rorer Ave SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map 10 ill 112 4 O,7With a total assessed vaJue of S 9, 700 and a totaJ of $ 115. 42 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the· . referenced real property, to be used exclusively for charitable and benevolent purposes in The support of the Shriner's Hospitals for crippled and burned children. More specifically a metal building will be constructed for the storage of parade and other vehicles. (Describe proposed use of reul property; if applicable.) 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. . (if relJuesting exemption for personalproperty, complete section l.b) lb. Your Petitioner, a Virginia. non-stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of$ and a totaJ of $ in personal property taxes that were paid or wouJd have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the retèrcnced personal property, to be used exclusiveJy for charitable and benevoJent purposes in , . (Describe proposed use of personal property, if applicable.) be cxempt from taxation under the provisions of Articlc X, Scction 6 (a)(6) of the Constitution ofYirginia 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 Petitioner agrces to pay to the City of Roanoke, an annual service chargc in an amount cqual to twenty percent (20%) of the City of Roanoke tax levy, which would be appJicable to this real cstate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, iflocatcd within a serviee district, agrees to pay to the City of Roanoke an annual service charge equal to the additional servicc district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for considcration: L (Q): Whether the organization is exempt from taxation. pursuant to Section 50] (c) of the hltemal Revenue Code of ]954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 50] (c) of the ]ntemaJ Revenue Codeof]954on January 1. 1970 2. (Q): Whether a current alcoho]ic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. . (A): Not on this property 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonablc allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): Only the Recorder (Office Manager) receives compensation which is of a nominal amount. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by 2 5. 6. 7. s. 9. Note: 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 ofpersonaJ services or the contribution of in-kind or other material services. (A): No (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 (Describe the public service) Supports the Shriner's Hospitals for . crippled and burned children. (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 bchalf of any candidate for public office. (A): No (Q): Whether any rule, reguJation, policy or practice of the organization discriminates on thc basis of religious conviction, race, color, sex or national origin. . (A): No (Q): Whether there is a significant revenue impact to the. locality and its taxpayers of exempting the property. (A): No siqnificant revenue impact (Q): Any other criteria, facts and circumstances, which the goveming body deems pertinent to the adoption of such ordinance. (A): Our main property at 628 W. Campbell Avenue is currently exempt (Provide as necessal"J~. A copy of this Petition is being delivered this day to the City Manager ofthc City of Roanoke, Virginia. 3 · THEREFORE, your Petitioner, Krl7.; m Tpmpl" rnrpnr"t-; nn respectfully requests to the CouneiJ of the City of Roanoke that this rcaJ 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 property so exempt is used for the particular purposes of providing support to the Shriner's Hospital for crippled and Durned ch:Lldren. (Repeal proposed IIse olproperty). Respectfully submitting this .L.!...day Sa/T:200C.. BY:~~~~y- Preside . , . 4 .,. VIRGINIA: , IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETJTION FOR EXEMPTJON FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA , , TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, Kazim Temple Corporation a Virginia, non-stock, not for profit corporation owns certain reaJ property, located at Rorer Ave SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID Ii 1 1 74 o,swith a total assessed value of$ 9,500 and a total of$ 113.04 in real property taxes that were paid or would have been paid in thc most recent ycar, desires to be an organization designated pursuant to the provisions of Sec. 58. I "365 I, of the Codc of Virginia, as amendcd, in order that the ' referenced real property, to be used exchisively for charitable and benevolent purposes in 'The support of the Shriner's Hospitals for crippled and burned children. More specifically a metal building will be constructed for the storage of parade and other vehicles. (De..cribe proposed "se of relll propert)', if applicable.} be cxempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Pctitioner is operatcd not for profit and thc property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section l.b) lb. Your Petitioner, a Virginia, non-stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a totaJ assessed value of$ and a totaJ of $ in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated ' pursuant to the provisions of Sec. 58. J -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusiveJy for charitable and benevolent purposes in , , (Describe proposed "se ofper"""al property, if applicable.) . bc cxcmpt from taxation under the provisions of Aliicle X, Section 6 (a)(6) of the Constitution of Virginia so Jong as your Petitioncr is operated not for profit and the propcrty so exempted is used in accordance with the purpose for which the Petitioner is c1assificd. 2. Your Pctitioner agrees to pay to the City of Roanoke, an annual service charge in an amount cqual to twenty percent (20%) of the City of Roanoke tax levy, which would be appJicablc to this reaJ estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, iflocated within a service district, agrees to pay to the City of Roanoke an annual scrvice charge equal to the additional service district tax thaI would be Ievicd for as long as this exemption continucs. 4. Your Pctitioner agrees to provide information to the Director of Real Estate . Valuation upon requcst to allow a triennial review ofthc tax exempt status of your Pctitioner. The following qucstions are submitted for consideration: L (Q): Whcthcr the organization is exempt from taxation pursuant to Section 50] (c) of the ]nternal Revenue Code of 1954. (A): Your Petitioncr was granted excmption from taxation pursuant to Section 501 (c) of the ]nternal Revenue Codeof]954on Januarv 1, 1970 2. (Q): Whether a currcnt alcoholic bevcrage license for serving alcoholic beverages has been issued by the Alcohol. Beverage Control Board to such organization for use on such propcrty. (A): Not on this property 3. (Q): Whethcr any director, officer or employee ofthc organization has been paid compcnsation in excess of a rcasonablc allowance for salaries or other compensation for personal services which such director. officer or employec actually rendcrs. (A): Only the Recorder(Office Manager) receives compensation which is of a nominal amount. 4. (Q): Whether any part of the net eamings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by 2 5. 6. 7. 8. 9. Note: such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall inelude the providing of personal services or the contribution of in-kind or other material services. (A): No (Q): Whether the organization provides services for the common good of the pubJic. (A): Your Petitioner provides services for the comnion. good of the public in as much as it (Describe the public service) Supports the Shriner's Hospitals for crippled and burned children. (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 office. (A): No (Q): Whether any rule, reguJation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): .No siqnificant revenue impact (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of sllch ordinance. (A): Our main property at 628 W. Campbell Avenue is currently exempt (Provide as llecessOlY). A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. 3 · THEREFORE, your Pctitioner, Kél 7. i m 'l'F>mp 1 P rnrpnr.. t- inn ,. respectfully requests to thc Council of the City of Roanoke that this rcaJ or personal property, or both, of your Petitioner be dcsignated exempt from taxation so long as your Petitioncr is operatcd not for profit and the property so exempt is used for the particular purposes of providing support to the Shriner's Hospital for crippled and Durned ch1ldren. (Repeal proposed lIse of proper!)). Rcspectfully submitting this tl day t7o/T. , 20 ()J ¡; BY:~¿'~ Presid v' .. 4 F~Ç~ KAZI~ SHRI~ERS (F.il} A US 5 20:J5 Î ~ : 54/ST. i 1 : 5G/i\~O. ê·8~ 1352·5~6 P 4 ) .0 ~ ) -. @)@~rriliïüil@~ ©fJ llilù@ ~1i'í'9 Internal Revenue'Service- ~1il~(l;J~liC~Q@œ~ @)@ §©@OO D....: API J I 1971 In rlply r.I., 10: T:MS:EO:R:l The Imperial.Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine for North America 323 North Michigan Avenue Chicago; Illinois 60601 Gentlemen: We have considered your application to modify your group exemption of November 26. 1940, to the extent of. holding you exempt under new section 501{c){10) of the Internal Revenue Code of 19542 as amended by the Tax Reform Act of 1969; 'and to the extent of holding two additional categories of your subordinates~ namely. Imperial Council Sessions (sometimeS'referred to as Convention Corporations) and Shrine Ass~ciationsj exempt as organ:izations desc.ribed in section 501 (c) (.10) ~ In our ruling dated November 26. 1940. you and your subordina1:.e. Ttwfll..s.- appearing on the list submitted at that time were held..·to. basxampt from Federà.. income tax under the provisions of section. 101(3) of the Internal Revenue Code of 1939. now section 501(c){8) of the Internal Revenue Code of ~954. Our ruling of November 26, 1940, was amended in our supplemental group ruling of March 14. 1966, to provid&. in e£fect. that contributions to you and your subordinate Temples were deductible but only if to be used far exclusively charitable purposes. On the basis o:f irú"ormation. that you have supplied periodically. the list of Temples has been brought up to dat~ and we have' issued supplementary rulings holding those current Temples exempt.. . . ) ) .~) ") en-' . ~ C:J Oc:J å 0c:J 8 f;3 ~ FP.O~ KAZ!M Sï~!~ERS (FR,jA:JG J 2005 11:54/ST.11:50/'io.68i:35355c P 0 8· C:J OCJ â 00 ¿S E:3 ~ -2- .J The Imperial Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine'for North .America Based on thê information supplied. we also rule that ) your subordinate Imperial Council Sessions that are named, in the group exemption roster you submitted with your request for modification and your subordinate Shrine " Associations that are named in both the group exemption roster you submitted with your request for ~cdirication ) and in your recent request for a supplemental group" ruling- are exempt from Federal income tax under new section 501(c)(lO) of the Code. This ruling. does not extend to linv subordinate unit which has previously received a ruling or determination 'le~ter holding it not exempt. Itsqualificatipnsto be included in this group ruling' must be separatelyestab_ lished. Each 'of your subordinate Imperial Council Sessions and subOrdinate Shrine Associations is required.to'file Form 990. Return of Organ1zatíon Exempt From Income Tax. if its annual gross receipts are normally more than $5,000. If filing is requiredt and ~f you'do not· include them in ,a group return. each must £i1e the Fo~ 990 by the l5th day of the 5th month after the end of its annual accounting period.... '. ' Your subordinate Imperial Council Sessions and 'subordinate Shrine Associations' are not required to file a Form 1120 income tax return. However. if they are subject to tax on unrelated' business income under section 511 of the Code. they must file Form 99OwT. Your subordinate Illlper:lal Council Sessions and ' subordinate Shrine AS30elat1one are liable for social security taxes under the Federal Insurance Contributions Act and. if they employ tour or mO~e indiViduals~ for the tax under the Federal Unemployment Tax Act. _ ' , . . ) ,) IndiViduals nay doduct contributions to your sub- ordinate Imperial Council Seesions and subordinate Shrine Ass6ciation~) as pro~d.~ in ~ection 170 of the Code, if the contributions are fer the charitablepurpoaes specified .in section 170(c){4) at the Code. Bequests. legacies, devises, transfers, or lirt~ to or for the use of these Co11-6 -) ) F~OM ~AZI~ SHRI~ERS ("R I; A UG J 2C05 ¡ 1 : 54/ST. 11 : 50/'J0.'38113~3~~6 P 6 ) \ -) \ ) ) ) .) ) The Imperial. Council 'or the Ancient Arabic: Order of the Nobles ot the Mystic Shrine for North America· -3- subord1natea are deductible tor Federal estate and gift tax purposes undarsect10ns 2055, 2106, and 2522 of the Code 1£..they are tor. the charitable- purposes specified in sect:i.or1$ 2055(a) (3), 2106(a)(2)(A)(il1). anå 2522(a)(3). of the Code. Tö the extent tfLat this rw.ing is inconsistent with them, it modif'ies our rul1ngll,...ilil'ò''''''' to you on November 26. 1940, and March 14, 1966. . You shciuld advise each or the subord.inat es . of the provisions of this rn T~ ng, including the requirement for filing information or- or.hf!J'"'returns. . . Next year, within 45 days after your annual accounting period'closes} please send us two copies of the folloWing information aoout your subordinat.Bs: ...~. -" . '.. , 1. A statement desc~rb1n~a~~ changes during 'the year in'the purpOse&, character, or method,of operation of your subordinates. 2. A list "showing th", name, employer identi- fication number (1f the subordinate is requ:i.red to file FOl"llr 990) s ~ mailing address. including ZIP Code. of each subordinate an yo~'group exemption roster that during the year: a. changed its name oraddrossj b. was deleted from the roster; or c~ was added to the roster. A directory of subordinates may be substituted for this list if it includes the required in£or- mation and identities the affected.subordinates according to the three categor:keø"-a-bove. 3. For subordinates added to the roster, a letter signed by one of your principal officers con- taining or attaching: . a. a statement that the'information upon which your preSent group exemption letter is based applies to the new subordinates j. 0.11·7 8 C:J. 00 c§) oc:::J 8 ,~ (!!J FR':)M f),¿ I~! SH, ¡ 1'!ë~S (I:.~:) A.uS 5 20:)5 1:: 55/ST. 11: 50/tiO. 5g~ 13:;8556 P 8 CJ oC] C§ Oc:J ¿So E:3' ~ The lmperial Council or'the Ancient Arabie Order of the Nobles of the Mystic Shrine For North America -4- . , . , , " b. a statement'that each has given you written authorization to add its name to the roster¡ and ' c. a list or those to which the Service previously issued separate rulings or determination letters relating to exemption. . . 4. If applicable. a statement'that your,group exemption roster did not cha~ge during the yoar. The District Director, Chicago, Illi~ois, which is your key district ror exempt organization matters, is being advised of this action. Sincerely. li~JL" Director lÆiscellaneous an~ , Special Provisions Tax 'Division i -. ..,: ~ .' . " 0.11-8 ,) ~ .J .) ,.J .-) ) ") '( - ·~n' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Rllll111456 Roannkl'. Virginia 24011-1536 Tcleph011t': ()·m) ~53 2541 Fax: /54(1) ~5.~ 1145 E-m:lil: r.:krk(q:wanokev:l.gov SHEILA N. IL\RH1AN :\ssistnnt City Clerk STEPHANIE M. MOOt>. nil' Al"ting. City Ckrk. October 23, 2006 File #42- J 66-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37597- J 0 J 906 authorizing the lease of 240 square feet of space located within City-owned property located in the City Market Building, for a term of one year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006, and is in full force and effect upon its passage. Sincerely, Jt1-R~ ~. Y\tOO'YV Stephanie M. Moon, CMC Acting City Clerk pc: John M. Forrester, Jr., Red Coyote, 32 Market Square, S. W., Roanoke, Virginia 2401 J Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist pilL IN THE COUNCIL OF TIlE CITY OF ROANOKE, VlRG1J\lA, lbe 19th day of October, 2006. No. 37597-101906. AN ORDTNANCE authorizing the lease of 240 square feet of space located within City- owned property located in the City :'darket I3uilding, for a tellu of one (1) year; and dispensing with the second reading of this ordinance by title. WHEREAS, a puhlic hearing was hcldon Octoher 19,2006, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all partics in interest and citizens werc affordcd an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City \1 anager and City Clerk are hereby authorized to exccute and attest, respectively, in a foml approved by thc City Attomey, an agreement with John Michael Forrester, Jr., d/b/a Red Coyote lor the lease of approximately 240 square feet of space located within City-owned property in the City Market Building, for a term of one (I) year, upon certain temls and conditions, and as more particularly descrihed in thc City i\lanager's letter to this Council datcd October 19, 2006. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the secoudreading of this ordinance by title is hereby dispensed with. ATTEST: , ~ rr,. ~tpvv City C1~rk. . · '. ,:::: ~·,;~~;;i.~~·i\· li;~J¡,..."'· it)' ·~a· ..... .,~. ~ . . '. ~'.:"'~ :',\ :"'! ,~;., ~:': .... CITY OF ROANOKE OFFICE OF THE CITY MANAGER \J\)t~1 C. Taylor Municipal Building 21::; Church A\'t'!l1l1l\ 5.\\1., Rl.lOm 36..J. Rll,llll,kc. Virginia 24011-1.:::;91 Tvl~'¡~hll:)L" (~-lll) t'5~~-2n..=> ]=,1\: !5·J()) s~l·1 f.l"\ LOlly \\'d': \\"\\'w.n"',lIlIKl'\";:] ~ll\' October 19, 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: Market Building Lease John Michael Forrester, Jr., d/b/a Red Coyote, has requested a lease for 240 square feet of space located at the Market Building to operate a food court restaurant serving Mexican cuisine. The proposed lease agreement is for a one-year period. beginning November 1, 2006, through October 31, 2007. The proposed agreement establishes a base rent rate of the following: I Period r-- 11/1/06 - 10/31/0tl ... Per Square Monthly Rent Annual Rent Foot Amount Amount S28.00 $560.00 $6,720.00 --- --- The common area maintenance fee is $300.00 per month. There is no renewal provision in this lease. Recommended Action: Authorize the City Manager to execute a lease agreement with John Michael Forrester, Jr. d/b/a Red Coyote, for approximately 240 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period of one (1) year, beginning November 1, 2006, and expiring October 31,2007. Such lease shall be approved as to form by the City Attorney. Honorable Mayor and Members of Council October 19, 2006 Page 2 DLB:lpp c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Director of Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist CM06-00J 74 LEASE Between THE CITY OF ROANOKE and John Michael Forrester, Jr. d/b/a Red Coyote ,":":. '·I'~..r;·I·:; 'r;, ::;·'M'Ir.·..~ ···:~:.:1:.1.1.:: ~,.. I "'1:1'"1".- ", ·.·..1 . ..,. -1·1· .-"1' .'··1·1·..·· 1:""r:I'~ ." . ....,.. I"j: t-' r ··..·..1:.: i.:1' .... LEASE INDEX HEADING PAGE PREMISES TERM 1 BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE 2 LANDLORD OBLIGATIONS 2 TENANT'S OBLIGATIONS 3 USE OF PREMISES 3 EXCLUSIVITY 3 ASSIGNMENT AND SUBLETTING 4 IMPROVEMENTS 4 SURRENDER OF PREMISES 4 INSPECTION 4 INSOLVENCY OR BANKRUPTCY OF TENANT 5 TRANSFER OF LANDLORD'S INTEREST 5 ESTOPPEL CERTIFICATE 5 DAMAGE TO THE PREMISES 5 DEFAULT OF TENANT 6 CONDEMNATION 6 COVENANTS OF LANDLORD 7 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER 7 BENEFIT AND BURDEN 7 GENDER AND NUMBER 7 ENTIRE AGREEMENT 7 ( \DOCUMENTS ·\Ní..l Sll I .'II~~."\( M'>Ml OI)ü\MY n(lCUMENTS\COUNC'~\2r(jil ;':1 PllRI AIr AC-iME"l-=-S·'.R.ED em 011-\1 ~ORRESTER L[')'~l.[)f;( , INVALIDITY OF PARTICULAR PROVISIONS 7 HAZARDOUS SUBSTANCES 7 INSURANCE 8 SECURITY DEPOSIT 9 INDEMNIFICATION 9 COMPLIANCE WITH LAWS AND REGULATIONS J 0 FORUM SELECTION AND CHOICE OF LAW JO FORCE MAJEURE J 0 EQUAL EMPLOYMENT OPPORTUNITY J 0 DRUG-FREE WORKPLACE JO RULES AND REGULATIONS 11 SIGNAGE J J GUARANTY J J LIABILITY OF LANDLORD J J Exhibit A Floor Plan Exhibit B Common Area Floor Plan Exhibit C Menu Exhibit D Rules and Regulations Exhibit E Sign Regulations Exhibit F Guaranty C.\~~úCUMlNrs AND SrïT¡NG5\CMS\11 (:OO\M~ LlOCUMLN 1."\( !)LJfIl(JI \..'C)O(; I<EPORl A I I ACr\lll:.N r S\RrD (r)'fOTE·M IT)I{Kl~' III II·~~E [JOC II LEASE THIS LEASE is made this ____day of ____________________2006 by and between the CITY OF ROANOKE (hereinafter referred to as ALandlord@), and lohn Michael Forrester. Ir. d/b/a Red Covote, (hereinafter referred to as A Tenant@), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the t\Building(d) located at 32 Market Square, Stall #134, Roanoke, Virginia 240J 1, as is delineated on Exhibit AA@ hereto, which is hereafter referred to as the APremises.@ The Premises consists of approximately 240 square feet of space. 2. TERM The term of this Lease shall commence on November J, 200.6. (ACommencement Date@) and shall expire at J J :59 o=clock p.m. on October 31, 2001. A key will be given to Tenant upon execution of the Lease. 3. BASE RENT: ESCALATIONS The base rent for the first year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each ear of the Lease accordin to the followin schedule: [Period Per Square Monthly Rent Annual Rent -1 ______ _ _ __ _ __ _ Foot Amount Amount I I 11/1/06 to $28.00 $560.00 $6,720.00 ~ 10/31/07 If the Commencement Date is other than the first day ofthe month, the first year of the Lease term shall be deemed to be extended to include such partial month and the following twelve (J 2) months, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties: the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate,as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 240J J, Attention: Director of Economic Development, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. c:\ù(Kv...1rtH~ .~"lD SETTINGS\CMSMl ()(1(\'-1\ [)UCUMENTS\COUNCIL\~Olltll{ll'()Rr A1TAC-ifo.''='''F"S>f'Ell C()Yl l' roM m:::RESTER II ~~I noc 1 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of three hundred Dollars ($300.00) per month. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges: individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, U) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (0) all costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS responsible for the following: Landlord hereby agrees to provide and be (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, C \DOCUMENTS J\ND 5[TTINCS\CMSfo.·1.OGll\M~ DOCUMENTS\COurKii.\'::~O¡:¡ R.ll'CHf ~TTACHMEtHS\RED cmnll·\l ~LlR.~[STER ;.E·\SI:..Ll(¡C 2 other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant serving Mexican cuisine. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of J 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Mexican cuisine as outlined in attached menu noted as Exhibit "C. Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its menu and shall pay a $1 00 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written approval of the Landlord the tenant is thereby in default of its Lease.] Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impairthe sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the C:\llll(UW~"l: ~ A.NI) 'it, lINC':i\CM<jMl OOÛ\MY DOC:.;\o1ErHS\(()lJNCIL\2n¡¡1', IU PORI AI r~C;"¡fo.·~·'FS\R.ED Cm(ll L-M ,cOR.RFSTER LC:ð.~E.D(¡r. ., ~ Market Building, as determined in the sole discretion of the Landlord, orwhich will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales, such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration of the Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (J 20) days of the term of this Lease. C:\[)UC:UMr~T5 AND SETTINGS\CMSMl COO\MY DOClJMENTS\COlJN(IL\~on6 RII':)R r A.i r A(]IMlNTS\RED CO'lQi"E M roP.f\E.'". 111' II ÄSI .DOC 4 J 3. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article J 7 hereof. 14. TRANSFER OF LANDLORD=S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease: and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease. J 6. DAMAGE TO THE PREMISES Ifthe Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, (:'.rJOCUMFNT5 .tJ.,t~D SE7"TINGS\C'-lSM1.OOO\MY OOClJMrI\'TS\COUN(IL\:::006 R.H'I)R.[ AIr A~:ltfo,.·! "l''S\RFrl (I)Y011:. 11.1 ; {)R.Rl,>' rR I F/I,SF DOC 5 however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. J 7 . DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period often (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Ten ant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. J 8. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises C:\~Oc:.;MENTS II.N[' SE""TINGS\CMSM 1 COO\\lY [¡OCUMENTS\COUfl;CIL\~OOti REPDRT ATTÄ(HMENTS\F\W CI)YOr roM HW.I<I ~ r ~I I ~~s~ DOC 6 are unusable by Tenant. J 9. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City of Roanoke, 1 J J Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 613 Riverland Road. Roanoke. Virainia 24014, unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, C\lJ0(UMlNTS AND SETTINCS\CMSM1.000\MY [)()Cl!M[N'5\<:O.;·KIL,,~006 REPORT l\r.\CHMEII.TS·,RED COYOTE M rOF.RESE=l. ...[¡'\S;: COC 7 and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively ''Treatment'') of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ii) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. C\:lOC..\-1FNTS 1\11I(') SFTTlNGS\CMSMl OQ(}\.M'f f)OCUMFfIITS\COlJN(1I \.'(){J6 RFPQRT ATTACHMFNTS·,RFr.' Cf)'lO-E M roRRESTEf\ LEASU1(K 8 Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($ J ,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term ofthis Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount ofthe rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 3 J. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and (:'[){U;~lI:NI S A.NLl SErTINGS\(M'SMl IJ¡lCl\M'I' DU( llfot~."lr~\O."Jl!NCIL\2COfj R:?ORT ArACHMfI'õTS",RrrJ ~:oy()Tr·M FC~Rr<:'H~ I rAS: rXK 9 hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Ten ant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG-FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying C \DOCUMEI\. TS ·'NO SETTINCS\CMSM I.OOO\MY DOCUMENTS\COUNCIL'.2006 F{[;>(JK 1 1\ r i ¡\CIIMLN I S"ll.lD tl;YUI HI.' FGRRESTEK LEASE L:OC 1 0 employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $ J 0,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit aD" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "T' attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. 40. LIABILITY OF LANDLORD Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this Lease by reason of the destruction of the Premises, orfrom any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. C 'J)f)(UMENTS "ND SITTIII.CS"CM';;'M I n\H)\MY I):):.. Ut..4f-N r S\Cl.lUNCIL\~CO'5 REPCRT AI' ÄC.I·"l~N r "',PFrI CQ"CT[·M FDRFiE~'; ~Il I ~.\S~ ['¡IX 11 Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness 5ignature Witness Printed Name LANDLORD: CITY OF ROANOKE By: Print Name: Darlene Burcham Title: Citv Manaqer TENANT: By: Print Name: lohn Michael Forrester. Ir. Title: SS#: C \[lOCUMENTS AND SET7INGS\(MS~41 (If.\U\M~ :)¡l( ·~:"'HN I "\COIN<" :i.\:,nol', IU:I'(~:· Ä rTAr.HMEI';TS\~.ED cm (JTE·M rOR~ESTE~. _EASE.:':OC 1~ EXHIBIT A FLOOR PLAN C.\~(1CU"-1ENTS flNfI 5F.TTINGS\~~M5.""1l (lUO\MY nOCllMI N 1 :;\((";lJNC:IL\~Or.F. REPORT ·'\-T,\C!..lto).::::'Il~S\RED COY:TE M ro.=lRESTER LE,\SE.[l(¡( 13 EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C"\DOCUt.I!':!II'S ANn SFTTI~JGS\Uv'SMl OllD\MY !)(lCllM~Nl ,:>\("1 >lINC;: \.':UH'. IU f'(H' Ä I . Ai" HMH, l\\:{H) ( OYOl ~·M ~llR::'FST.~:¡ . F"-SF. .:CC 11 EXHIBIT C MENU Attach here if Food Court Tenant C.\[I(JCllMHJT~ "'ND q 11INCS'.CMSM I DOO·,.MY Df)CUt..'::N r ')\(UUt~( II \:'l~n¡; fl.[:>(¡RT ÄTTACIIMENTS"REV CCYOTE to}. rCRRESTER LEASE DOC 1, .) EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. J O. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $ J 00.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C"\DOCUMFNI" .v,m ~I r Ilt~('S\CI\.'SM· .O:jO\Mv DOCUMFNTS\CClUM.ll VOrJll REP(lRI A' rAC·11\.4lNi~\RLlJ COY()l L-M ~O~.RL:'l LR Ll';~l.[)()( 2.6 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. EXHIBIT F C \lìrj(UMH~1 S AND "II rIN('S\CM:;;MI.O()O\M~ DOCUMEN-S..,:':OUNCII \i'OUI) RI 1':)1<1 A· rAtltMI N:~\HI ) ("OY:.lll-M HHllr:,1 H~ II·':;'SF f1L1C =-7 GUARANTY PERSONAL GUARANTEE All of the terms and conditions of this Lease, including but not limited to, the payment of all rents herein prescribed are personally guaranteed by: In order to induce ("Landlord"), to enter into that certain Lease Agreement dated (the "Lease") between Landlord and ("Tenant"), and in consideration of the benefits inuring to the undersigned (the "Guarantors") under such Lease, the receipt and sufficiency of which is represented by the Guarantors to Landlord to be sufficient and adequate, the Guarantors hereby unconditionally guarantee the performance of all of Tenant's obligations under the Lease, including, without limitation, the payment of rental as provided therein. This Guaranty shall remain in full force throughout the original Lease term and any renewals thereof. This Guaranty shall be binding upon Guarantors and Guarantors' heirs, legal representatives, successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns. If there is more than one Guarantor, the liability of each Guarantor shall be joint and several. This Guaranty is a guaranty of payment and performance and not of collection. Guarantors hereby waive notice of acceptance of this Guaranty agreement and all other notices in connection herewith or in connection with the liabilities, obligations and duties guaranteed hereby, including notices to it of default by Tenant under the Lease, and hereby waive diligence, presentment, protest and suit on the part of Landlord in the enforcement of any liability, obligation or duty guaranteed hereby. Guarantors further agree that Landlord shall not be first or concurrently required to enforce against Tenant or any other person, any liability, obligation or duty guaranteed hereby before seeking enforcement thereof against Guarantor. The liability of Guarantors shall not be affected by any indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord, or agreed upon by Landlord or Tenant, and shall not be affected by any assignment or sublease by Tenant of its interest in the Lease, nor shall the liability of the Guarantors be affected by the insolvency, bankruptcy (voluntary or involuntary), or reorganization of Tenant, nor by the voluntary or involuntary liquidation, sale, or other disposition of all or substantially all of the assets of Tenant, or by the release of any other guarantor. Landlord and Tenant, without notice to or consent by Guarantors, may at any time or times enter into such modifications, extensions, amendments or other covenants respecting the Lease as they may deem appropriate, and Guarantors shall not be released thereby but shall constitute to be fully liable to the performance of all obligations and duties of Tenant under the Lease as so modified, extended or amended. Guarantors further agree (1) to indemnify and hold harmless Landlord from and against any claims, damages, expenses, or losses, including to the extent permitted by law, the reasonable fees of an attorney, resulting from or arising out of any breach of the Lease by Tenant or by reason of Ten ant's failure to perform any of its obligations thereunder, and (2) to the extent permitted by law, to pay any costs or expenses, including the reasonable fees of an attorney, incurred by Landlord in enforcing this Guaranty. The Guarantors acknowledge that Landlord may assign its rights under the Lease to an institutional investor as security for a loan to be made by such institutional investor to Landlord, and as long as any indebtedness of Landlord shall be outstanding and such assignment of the Lease shall exist, such institutional investor assignee shall be entitled to bring any suit, action or proceeding against the undersigned for the enforcement of any provision of this Guaranty, and it shall not be necessary in any such suit, action or proceeding to make Landlord a party e,.nocut..4"'II;'" AJI.:) ...~ 1 r iNC<""·,lfo.'SM 1.û('l:)\MY OOCUMENTS\CUUNCIL\.:u0ú RI:f'C.l¡~' A l' A(HM~f'.: I ~\{H) (lIY(.1 r ~.t..~ ~(¡I<.{~S r ~;{ i ~4.:>.c. !~ul 18 thereto. This Guaranty may not be modified or amended with out the prior written consent of sllch assignee of Landlord's interest in the Lease, and any attempted modifications or amendment without such consent shall be void. All existing and future advances by Guarantors to Tenant and all existing and future debts of Tenant to any Guarantor shall be subordinated to all obligations owed to Landlord under the Lease and this Guaranty. Guarantors assume the responsibility to remain informed of the financial condition of the Tenant and of all other circumstances bearing upon the risk of Tenant's default, which reasonable inquiry would reveal, and agree that Landlord shall have no duty to advise Guarantors of information known to it regarding such condition or any such circumstance. Landlord shall not be required to inquire into the powers of Tenant or the officers, employees, partners or agents acting or purporting to act on its behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Each Guarantor hereby represents and warrants to Landlord that such Guarantor has received a copy of the Lease, has read the opportunity to read the Lease, and understands the terms of the Lease. The provisions in the Lease relating to the execution of additional documents, legal proceedings by Landlord against Tenant, severability of the provisions of Lease, interpretation of the Lease, notice, waiver, the applicable laws which govern the interpretation of the Lease and the authority of Tenant to execute the Lease are incorporated herein in their entirety by this reference and made a part thereof. Any reference in those provisions to 'Tenant" shall mean each Guarantor and any reference in those provisions to the "Lease" shall mean this Guaranty. If anyone or more of the provisions of this Guaranty shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Guaranty, and this Guaranty shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Guaranty shall be construed according to the laws of the state where the Premises are located (the "State"). By execution hereof, the undersigned specifically consent to this choice of law designation and consent that all actions or proceeds arising directly, indirectly or otherwise in connection with, out of, related in the State, and the undersigned 0) consent and submit to the in personam jurisdiction of any state or federal court located within the State, (ii) waive any right to transfer or change the venue of litigation brought against the undersigned, and Oij) agree to service of process, to the extent permitted by law, by mail. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ACKNOWLEDGING THAT THE CONSEQUENCE OF SAID WAIVER ARE FULLY UNDERSTOOD, THE UNDERSIGNED HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY, THE RIGHT TO INTERPOSE ANY DEFENSE BASED UPON ANY STATUTE OF LIMITATION, ANY CLAIM OF LACHES AND ANY SET-OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING INSTITUTED AGAINST THE UNDERSIGNED OR ANY OTHER PERSON LIABLE ON THE LEASE. IN WITNESS WHEREOF, Guarantor(s) have caused this instrument to be executed this day of , 2005. Social Security #: Social Security #: C:\llOCliMlNIS Mm Sl' lINCS\C"lSM' OOO\MY DOCUt.·["lTS"COUNCIL\200£; P.EPCP.T ^,TT"\C¡"'~lErJTS\P.ED CO"OH M roRR!:SHR L[!\SLDOC 19 The Roanoke Tiœes Roanoke, Virginia Af~idavit or Puhlica:ion The Roano~e Times . ------- - ---- --r- - - - - - - -- MARY F. PA"KEK CITY OF "OANOKE CLERK'S OFFICE 215 C3ü?CH AVE SW RM 456 NOBL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 ..1 "' R3?ERBNCE: 32143302 99D-1589 NOTICEOFPUBLICHEARIN -'.; NOTICE OF :. PUBLIC HEARING'~ , ,'\ :[ Th e C i t Y 0 ~ R 0.:1 n o:~ , pro poses 10' Ie cJse ~o J 0 11;' II Mjchael Forrester. Jr..d!b·'.a Red Coyote. 240 SC)URrlÕ feef !oICity-u.....l'le¡jpropc·r!y 'Ioci:lted in Ihtl Clh M,nkel BUIlding at 32·M.Hk('.1 Square. Roanol<.t>. Virginia ,24011, for a Icrm of one year. :t'j o Pur sua n I ! 0 I h.c reQ u i re men Is 0'1 §§15.2-1800 and 1S~~. Code of Virginiilt1950¡. as aml!ndúd, notIce is hereb'y 'glvcnth,ll 1M City Council of the City of RO.:lI1ohe will ho!d a public ho::¡.¡rin.g on Ih.c i:lbo~c matter at II':; regul.lr meeting to be held or. Oclober 19, 2006. commencing .!t 7:00 run.: in Ihtc'CounCõl Chambtc'rs of the 'ioel C. Taylor Municipal BUilding. localed at 215 Church AYenue. S.W!. Roanoke. Virginm 24011. :~: o Citizens shall have the opportunity to be heard <I!1-d e~press their opinions on Ihismatter. .'" State of Virginia City of Roanoke I, (the undersigned) an authorized representRtive of the Ti~es ·World Corporation, which corporation 1S publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published ~n said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~ia. Sworn and subscribed before me this _l~__day of October 2006. Witness my hand and official seal. "y~o" Notary Public ~ïz..cuì-- . If you are a person with II disability who needs accommodations for this .hearing.Plcasecomactthe City Clerk's Office ¡ll \540) 853-2541. belore 12:00 norin on MondRY. Oclohtlr 116.2006. . GIVEN under m~ tmnd ttllS ! 5th d<l~ of Oclober, 2006..~ I Slephanic M. Moon. CMC Acting City Clerk ., :9904589) . PUB~JSHPD ON: 10/09 TOTAL COST, FILED ON, 1 ì2 . 8'J 10/12/06 1-----------_· ~::::;;;:~ _~c--~-----. ,-, Billing Services Reprcs~~tative ':-J r ,,,, '" 7'~ ,.0::::', Ô:~I C:. ("-I .:-.:¡ 1'-"" (J'l or, = I-" I~ r\"J (J'I íJ:1C :'lOnCE OF peBUC HEARI:'lG The City of Roanoke proposes to lease to John \-tichae! Forrester, Jr., d/b/a Red Coyote. 240 square feel of City-owned property locatcd in the City Market Building at 32 Market Square, Roanoke, Virginia 24011, for a tern] of onc year. Pursuant to the requirements of SSI5.2-1800 and 1813, Code of Virginia (1950), as amendcd. notice is hercby given that the City Council of the City of Roanoke will hold a public hearing on the ahove maller at its regular mccting to he held on Octobcr 19. 2006, commencing at 7:00 p.m., in the Council Chamhers of the l\oel C. Taylor Municipal Building, located at 215 Church Avenue, S.W.. Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and cxpress thcir opinions on this Illatkr. If you arc a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Otliee at (540) 853-2541. before 12:00 noon on \1onday, October 16. 2006. GIVEN under my hand this 5th day of nCtoher ,200(,. Stephanie \1. Moon, C\1C Acting City Clerk NlltiL"C wlhe Puhlishcr: Publish in Ihe Ruanokc Timcs lln Wednesday. Och>her II. 2ll06. Scnd bill and al1ïdavit 10: Slephanie M. Moon. CMC Acting Cily Clerk 215 Church Avcnuc. S. Woo Room 45ó (540) R53-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chun.:h A\'cnu~, s. \V.. Room 456 Rp.111¡)k:C. Virginia 241.lJ J-15Jó Td~~phoTle: (5·~n) l'\53-254I b:c \5·:0) 85~-11·15 r::-mail: derkl!i....oJ.lloke\'a gm SII~ILA K HARUIAN A...~istHnt City Ckrk STEI'II,\]'.:IE M. MOO"l. Ole :\cling City C1t'rk October 23, 2006 File #42- J 66-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37598-1 OJ 906 authorizing the lease of 290 square feet of space located within City-owned property located in the City Market Building, for a term of three year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, ~ Y'tl, Y'Y)~ Stephanie M. Moon, CMC Acting City Clerk pc: Penick, Inc., d/b/a New York Subs, 32 Market Square, S. W., Roanoke, Virginia 240J J Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist p~ Il\' THE COUNCil, OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 2006. No. 37598-101906. AN ORDINA\lCE authorizing the lease of 290 square feet of space located within City- owned property located in the City :'vlarket Building, for a teml of three (3) years; and dispensing with thç second reading of this ordinancc hy title. WTIEREAS, a public hcaringwas held on October 19,2006, pursuant to §§ 15.2-1800(B) and 1813, Code of Virginia (1950). as amended, at which hearing all parties in interest and citizens wen: afforded an opportunity to be heard on the proposed lease. THEREFORE. BE IT ORDAlNED by the Council of the City of Roanoke as follows: I. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a torm approved by (he City Attorney, an agreement with Penick, Inc., d/b/a 1\'ew York Subs for the lease of approximately 290 square feet of space located within City-owned property in the City Market Building, for a tenll of three (3) years, upon certain terms and conditions, and as more particularly described in the City 1\1anager's letter to this Council dated Octoher 19, 2006. 2. Pursuant to the provisions ofScction ]2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~;.JM. h-)~ ~ City Clerk. ·..., \.: \ i'~")'l':;·" (1{:'~;"\rJ'~:;'t'\;' ·;;i.0\ , . .-c...... ,¡"'I~ ':""æi' /t& . ;.: ..~~. ,_. . ·:..:.7:'.:1'".I.\,<~·:>·· -- -- - CITY OF ROANOKE OFFfCE OF THE CITY MANAGER ~(\('1 C. Taylor Municipal Building 215 Chun.:h AV(>l1ue, S.\V., Rllom :ih4 [{oanl'].;''- Virgini" 2~(l11-15l).I T~'],'ph"IlI.': \5,,¡n¡ !-i5J-:::!J33 1.1'. 13\llJ~(:;.~ 113·":' Cit~· \\\·b: ð'èY~"b~lrr'9';1 21006 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: Market Building Lease Penick, Inc., d/b/a New York Subs, has requested a lease for 290 square feet of space located at the Market Building to operate a food court restaurant serving sub sandwiches as the cuisine. The proposed lease agreement is for a three-year period, beginning November 1, 2006, through October 31 , 2009. The proposed agreement establishes a base rent rate of the following: --- .--.. ".'--- Period Per Square Monthly Rent Annual Rent Foot Amount Amount _.. .n....._ 11/1/06 - 10/31/07 $28_00 $676.67 $8,120.00 11/1/07 - 10/31/08 $28.84 $696_97 $8,363_60 11/1/08 - 10/31/09 $29.71 $717.88 $8,614.51 ------..--."-.-- ...-, -- The common area maintenance fee is $300.00 per month. There is no renewal provision in this lease. Recommended Action: Authorize the City Manager to execute a lease agreement with Penick, Inc. d/b/a New York Subs, for approximately 290 square feet in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period of three (3) years, beginning November 1, 2006, and expiring October 31, 2009. Such lease shall be approved by the City Attorney. Honorable Mayor and Members of Council October 19, 2006 Page 2 DLB:lpp c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Director of Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist CM06-00175 LEASE Between THE CITY OF ROANOKE and Penick Inc. d/b/a New York Subs .": :·'··.r~I:::.: ". .a"":":::.: r··.:~·i.··' ..., ",':1;'1 :1"": ,:.,,~.,.. ,:.,'... 1'le,",'I'. '''..,.':.1'1::.:.: ;:~;.: '"':"'.- ..~ . ','". I,Ll :.::.," LEASE INDEX HEADING PAGE PREMISES TERM BASE RENT: ESCALATIONS COMMON AREA MAINTENANCE 2 LANDLORD OBLIGATIONS 2 TENANT'S OBLIGATIONS 3 USE OF PREMISES 3 EXCLUSIVITY 3 ASSIGNMENT AND SUBLETTING 4 1M PROVEM ENTS 4 SURRENDER OF PREMISES 4 INSPECTION 5 INSOLVENCY OR BANKRUPTCY OF TENANT 5 TRANSFER OF LANDLORD'S INTEREST 5 ESTOPPEL CERTIFICATE 5 DAMAGE TO THE PREMISES 6 DEFAULT OF TENANT 6 CONDEMNATION 6 COVENANTS OF LANDLORD 7 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER 7 BENEFIT AND BURDEN 7 GENDER AND NUMBER 7 ENTIRE AGREEMENT 7 C.\D(J(UMHns ,3,NLJ SLllll'.(,"\CM~Ml (1¡¡lr·.MY )~.l::"UM~N'S\CO....'IICIL\2(:J'; RE:lORT ·\TTACHMENTS'J;:'W ~l1I{.' SUIlS I ~AS~. PE:.NIC¡,: DOC I INVALIDITY OF PARTICULAR PROVISIONS 7 HAZARDOUS SUBSTANCES 8 INSURANCE 8 SECURITY DEPOSIT 9 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS JO FORUM SELECTION AND CHOICE OF LAW JO FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 10 DRUG-FREE WORKPLACE J J RULES AND REGULATIONS 1 1 SIGNAGE 11 GUARANTY J J LIABILITY OF LANDLORD J J Exhibit A Floor Plan Exhibit B Common Area Floor Plan Exhibit C Menu Exhibit D Rules and Regulations Exhibit E Sign Regulations Exhibit F Guaranty ( \DOC IJt>·~.'II: ~ AND r,~T:-IN('S\CMSM 1.000\t.'y DOCUM[NTS\COUNC';"\~O% REFORT ATT<\C>itv'E'",;"S\NEW YOR'" SUBS LE.ASE FENICk..DOC II LEASE THIS LEASE is made this ____day of ____________________2006 by and between the CITY OF ROANOKE (hereinafter referred to as ALandlordti'-), and Penick Inc. d/b/a New York Subs, (hereinafter referred to as A Tenant@), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the ABuilding!?-) located at 32 Market Square, Stall #132, Roanoke, Virginia 24011, as is delineated on Exhibit AÄ@ hereto, which is hereafter referred to as the APremises.@ The Premises consists of approximately 290 square feet of space. 2. TERM The term of this Lease shall commence on November 1, 200.º- (ACommencement Date@) and shall expire at 11: 59 o=clock p.m. on October 3 J , 200.9.. A key will be given to Tenant upon execution of the Lease. . J J/l/06 to JO/3J/07 LJ J/l/07 to JO/3J/08 ¡ Ll/l /Oll to J 0/3 J /09 ' 3. BASE RENT: ESCALATIONS The base rent for the first year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each ear of the Lease accordin to the followin schedule: Period Per Square Monthly Rent Annual Rent Foot Amount Amount $28.00 $676.67 $8,120.00 $28.84 $696.97 $8,363.60 $29.71 $717.88 $8,614.51 If the Commencement Date is other than the first day of the month, the first year of the Lease term shall be deemed to be extended to include such partial month and the following twelve (J 2) months, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3%) of the previous year=s monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of L'.()()("IJMrNT" AND ::;rrTINGS\C'o1Sf.P COO\MY [l1"¡(.lIM~.Nl '.,\t"lIIIJl.CII \/(}u!) RFPOIlT ATT/I,(HMENTS\NI:.W Y(Ro" ~IJH"'. ~"\'SF PFNIO DOC 1 Roanoke, J J 1 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention: Director of Economic Development, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Three hundred Dollars ($300.00) per month. These fees will increase by three (3%) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, U) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (0) all costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The ;'Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations. signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS responsible for the following: Landlord hereby agrees to provide and be C:\LlllUJMrNT~ AND SFTTINGS\CMSMl ooû"..n l)OClJMLN1~\C~·;lJf'..(:IL\.'¡¡f)G Rrporn A-TAC.-lMEW"S\N[W 'f(Jlh ~IJB::'1 r~s::: PENlct..DOC :2 (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant serving sub sandwich cuisine. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of J 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ij) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving sub sandwich cuisine as outlined in attached menu noted as Exhibit "C. Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its menu and shall pay a $ J 00 per item to the Landlord if Tenant does not obtain such c..V)("¡(UMI N I ':0 AN) ~I r lINL.S·,CM~Ml Qu0\M\" DOCUMENTS\CCUt,CIL\~O('l5 ~:EI':)Kl 1\1 1.~CltMI N r ~\NI W YOR" SURS ~EtISë: PENID..Dl"lC 3 approval. If menu changes persist beyond thirty (30) days without the written approval of the Landlord the tenant is thereby in default of its Lease.] Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion ofthe Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales, such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. J O. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. J J. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings: or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration of the Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. C '.DOCUMENTS ,vm Sl: 1·'II~·,:;\(.fo.·SM 1.0l:rl·,MY [){)ClJMI·NI ':>"'.COUNC'1 \;'~lr.lG r.:FF'ORT ,\TTA::HM[NTS\N[W 'OK~. C;"",:> I ~AS~ PFNIO. DOC 4 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (J 20) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article J 7 hereof. J 4. TRANSFER OF LANDLORD=S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. J 5. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (J 0) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ij) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iij) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self-help under '-..\llOCUMLN I r, .1.ND:-'1 r lIN('~\'.:M.,:>Mi IJ¡)Cl\MY Df)(U~~'II-S\CoutKIL'.200'3 fl.EI'Offl /l.111\CHMlNr~\NLW YCH" ':iURS I E.\SE PENIO D:JC. 5 this Lease, if any, or terminating or declaring a default under this Lease. J 6. DAMAGE TO THE PREMISES Ifthe Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of sllch damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 1 7. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period often (J 0) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (J 0) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration ortermination ofthe term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease C:\[)OC:UMrr-.:T" AND <;;rTTING,,,C\15M' OOv\MY nOCUfo.~[~'¡-S'.COUNCIL\ZOO'3 REPORT .\TT,\(t"t·V1EtJ1 S\I\~W ~ 1l1{I< 'itlll" II ASI i'rNIO ::C:C 6 shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article J 8, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 2 J. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City of Roanoke, J J J Franklin Road, Suite 200, Roanoke, Virginia 240J 1, Attention: Director of Economic, and (ii) if to Tenant, at 1615 Bush Farms Drive. Vinton. VA 24 J 79 unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid C \)(ll-IIM~"J' ') ·\N~ ~~TTINGS'\(~~5Ml (l(;Ll\t.'Y ClOC',J\lENTS\COUNC ..\200':i ~[PO~.- ATT J,CIIM[NP"\N~W '"(:1111. ~IJ;'~~ I F'\~E PENI(" DOC 7 or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties'") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire ("\:JCC:.:MENTS AND Si:TT'."lGS;,.(MSM1.000\MY i..l(¡(UMlNI S\C()UNClL\L:)()fl R.lPor:r ATTACIIMrNTS\NE\\ 'VCR" S'...i5S LEASll-'1 N'(\ DLlC R ., and casualty and workers' compensation policies in. amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ij) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($ J ,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term ofthis Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants C \DOCUMENTS AND SETTlf.GS\CMSf.' 1.:JOfl"'.M) ::JO(".;MrNTS\COUNCI: \:'006 REF'Or.:"T Ar.\CHMEr, I ~\:III W Y;)H~. ~;JB~ I.E.~5E PEl\,i(K.U(¡C 9 and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Ten ant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of . Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. C.,,[lOCUME:-.¡-S N";¡; SE,"r INCS\CM"M I nUO\MY lJlit" lJfo,.',: 'II" \\( Ol!NCII \!r:uti IHPCP.T I\TTM~¡"''.1ENTS\NEW ~ o~" SIJI!~ I : A"~ .l~NI\. II. prJ( 10 36. DRUG-FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees: (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of th i s Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. 40. LIABILITY OF LANDLORD Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. ( ,,1);)( lJfo,.·~'II; <;. ANI~ ~F.rINf~~\(M::.fo!.l.OOO\M'Y CCCI:"'1ENTs\CnlJNCII.\.~n()¡:, IU ¡'OR 1 ,\ TTAr:HMFNTS\NF.W Y:)R~ SUES UA~~ :'~NI(~ :X~( 11 Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name LANDLORD: CITY OF ROANOKE By: Print Name: Darlene Burcham Title: Citv Manaqer TENANT: By: Print Name:Bvron Penick Title: SS#: EXHIBIT A (..\llOClJMll'i I'> ANlJ \1 11IM,'i\(:M'..f<.1 il()I)\MY DCCI.!MF"NTS\COUNCII \~Otll.: REP(1R: AII\CHMEfI, TS\ 'lEW YOR~. r,u;;s II ð.')~ 1'H_"l"1\ noc 12 FLOOR PLAN EXHIBIT B C"\X)Cl..,\lENTS AIII[l SETTINGS\Cr.'SM I.OOO\MY O(J(lJMI:.N I S\C()lJNCll:j(IOl'iI{[ I'()~r ~ 1 r M"IIMI"NT-;\NFW \"OIl.K S~:>S LEASE P~"lIC~ .Llnc. 13 COMMON AREAS FLOOR PLAN Attach here EXHIBIT C MENU C,r.0C:...''.1I'Nr<:; AND ~!'1 r INc.;~·'.CM'::fo,.·l.(lOU\fo.·' :)(l{·.J~lI NI "\("OIJNt.II\.'(l()I, RI f'OR! .tJ.llA( IIMI Jl;l...·,.'IIIW Y:)HK WR~ I F.II.SF PFI\;,O. noe 1t1 Attach here if Food Court Tenant EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's r-. \:)(I( \.iMr N r::; AND SETT"'·I~S\CMS\lll.ÜO(J\MY UOClJMI N l'>,COUNCII \:~(lO(i REPORT ",-rAe'IM:.'II' '\N~W H1R.- :";U6S LEAS:: l;lNI~'~, D(it 15 expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from J 0:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. J O. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C:\ll(¡(UMI:.N I ~ AND SlI T1NC"i\CM':iM: O()O'·.M~ DOCUMëNTS\C(Jl:"l(.IL\~ll~n I{! ;'(JIlI All Ä(I-'\lF.NTS\f\EW 'rOil.<" SlJll~ Ll.<\~[ rrtl. o. f)(l( 1h EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. EXHIBIT F C\[lOC":\o1ENTS ÄND S[-1INCS\CMS\11.0nO\MV LJOClJM~Nl"'\CCUM.11 '.:'0(:6 RrPDPT "-TAC·IM~.'I7S·\NI:.W HW!\. sims I F'\S~ PENIC' DOt: 17 GUARANTY PERSONAL GUARANTEE All of the terms and conditions of this Lease, including but not limited to, the payment of all rents herein prescribed are personally guaranteed by: In order to induce ("Landlord"), to enter into that certain Lease Agreement dated (the "Lease") between Landlord and ('Tenant"), and in consideration of the benefits inuring to the undersigned (the "Guarantors") under such Lease, the receipt and sufficiency of which is represented by the Guarantors to Landlord to be sufficient and adequate, the Guarantors hereby unconditionally guarantee the performance of all of Ten ant's obligations under the Lease, including, without limitation, the payment ofrental as provided therein. This Guaranty shall remain in full force throughout the original Lease term and any renewals thereof. This Guaranty shall be binding upon Guarantors and Guarantors' heirs, legal representatives, successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns. If there is more than one Guarantor, the liability of each Guarantor shall be joint and several. This Guaranty is a guaranty of payment and performance and not of collection. Guarantors hereby waive notice of acceptance of this Guaranty agreement and all other notices in connection herewith or in connection with the liabilities, obligations and duties guaranteed hereby, including notices to it of default by Tenant under the Lease, and hereby waive diligence, presentment, protest and suit on the part of Landlord in the enforcement of any liability, obligation or duty guaranteed hereby. Guarantors further agree that Landlord shall not be first or concurrently required to enforce against Tenant or any other person, any liability, obligation or duty guaranteed hereby before seeking enforcement thereof against Guarantor. The liability of Guarantors shall not be affected by any indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord, or agreed upon by Landlord or Tenant, and shall not be affected by any assignment or sublease by Tenant of its interest in the Lease, nor shall the liability of the Guarantors be affected by the insolvency, bankruptcy (voluntary or involuntary), or reorganization of Tenant, nor by the voluntary or involuntary liquidation, sale, or other disposition of all or substantially all of the assets of Tenant, or by the release of any other guarantor. Landlord and Tenant, without notice to or consent by Guarantors, may at any time or times enter into such modifications, extensions, amendments or other covenants respecting the Lease as they may deem appropriate, and Guarantors shall not be released thereby but shall constitute to be fully liable to the performance of all obligations and duties of Tenant under the Lease as so modified, extended or amended. Guarantors further agree (1) to indemnify and hold harmless Landlord from and against any claims, damages, expenses, or losses, including to the extent permitted by law, the reasonable fees of an attorney, resulting from or arising out of any breach of the Lease by Tenant or by reason of Tenant's failure to perform any of its obligations thereunder, and (2) to the extent permitted by law, to pay any costs or expenses, including the reasonable fees of an attorney, incurred by Landlord in enforcing this Guaranty. The Guarantors acknowledge that Landlord may assign its rights under the Lease to an institutional investor as security for a loan to be made by such institutional investor to Landlord, and as long as any indebtedness of Landlord shall be outstanding and such assignment of the Lease shall exist, such institutional investor assignee shall be entitled to bring any suit, action or proceeding against the undersigned for the enforcement of any provision of this Guaranty, and it shall not be necessary in any such suit, action or proceeding to make Landlord a party C \l),X.lJMLN r ~ AND SFTTINGS\OlSM· ('I:'W\My Dl)llJfo,.': '\I r 'J\(OUNUL\l(;u'j REDCRT ATT Ä(J:MI N I S'·I'.~W YDR'" SUBS L[Äsr pr·,II(f: POC 18 thereto. This Guaranty may not be modified or amended with out the prior written consent of such assignee of Landlord's interest in the Lease, and any attempted modifications or amendment without such consent shall be void. All existing and future advances by Guarantors to Tenant and all existing and future debts of Tenant to any Guarantor shall be subordinated to all obligations owed to Landlord under the Lease and this Guaranty. Guarantors assume the responsibility to remain informed of the financial condition of the Tenant and of all other circumstances bearing upon the risk of Tenant's default, which reasonable inquiry would reveal, and agree that Landlord shall have no duty to advise Guarantors of information known to it regarding such condition or any such circumstance. Landlord shall not be required to inquire into the powers of Ten ant or the officers, employees, partners or agents acting or purporting to act on its behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Each Guarantor hereby represents and warrants to Landlord that such Guarantor has received a copy of the Lease, has read the opportunity to read the Lease, and understands the terms of the Lease. The provisions in the Lease relating to the execution of additional documents, legal proceedings by Landlord against Tenant, severability of the provisions of Lease, interpretation of the Lease, notice, waiver, the applicable laws which govern the interpretation of the Lease and the authority of Tenant to execute the Lease are incorporated herein in their entirety by this reference and made a part thereof. Any reference in those provisions to "Tenant" shall mean each Guarantor and any reference in those provisions to the "Lease" shall mean this Guaranty. If anyone or more of the provisions of this Guaranty shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Guaranty, and this Guaranty shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Guaranty shall be construed according to the laws of the state where the Premises are located (the "State"). By execution hereof, the undersigned specifically consent to this choice of law designation and consent that all actions or proceeds arising directly, indirectly or otherwise in connection with, out of, related in the State, and the undersigned (i) consent and submit to the in personam jurisdiction of any state or federal court located within the State, (ii) waive any right to transfer or change the venue of litigation brought against the undersigned, and (iii) agree to service of process, to the extent permitted by law, by mail. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ACKNOWLEDGING THAT THE CONSEQUENCE OF SAID WAIVER ARE FULLY UNDERSTOOD, THE UNDERSIGNED HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY, THE RIGHT TO INTERPOSE ANY DEFENSE BASED UPON ANY STATUTE OF LIMITATION, ANY CLAIM OF LACHES AND ANY SET-OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING INSTITUTED AGAINST THE UNDERSIGNED OR ANY OTHER PERSON LIABLE ON THE LEASE. IN WITNESS WHEREOF, Guarantor(s) have caused this instrument to be executed this day of , 2005. Social Security #: Social Security #: r..\l.llX.UW¡;:\: ~ AI'.:J ~~ I : INC,o;,\CMo:.Ml.i)l);'"MY [)()CUMF JI.' ~\CaUNClI.\":(106 REFORT .\TTI\CH~~Et.T:;;··,N[W ~(;Ilk. SUn~ I ~A~i:. PENIC....[10C ~ 9 T~e Roanoke Tiœes Roa~oke, Virginia Af~idavit o[ Pllblication The Roanoke Ti~es - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - -- MARY? PARKER CITY OF P.OA~OKE CLEP.~'S OFFICE 215 CEURCH ^VE SW R~ 456 N03L C. TAYLOR MUNICIPAL BLDG. P.OANOKE VA 2.011 ,-----.------.,.... REFER:;:NCE: ~ 214 3:~ 0 2 990·1607 , NOTICE OF , PUBLIC HEARING :: 'Il NOTICEOFPUBLICUEARIK " ;The City of Roanoke ¡proposes to least' to Penick, Inc.. d;b,¡" Ne.... York Subs. '290 !ó;q uare fltet '0" ICit}'-o....ned property 10cc1ted lin the City M<lrkct Buildingst 321\1arket SqU<lre. Roanolo:e, !Virgini<l 24011. for II term 10fthreeveaM>. .,::. PurSU¡lnt to th'e r e qui r ~i men t s o'f ! §g15.2-1800 and 1813. . Code of Virgi:ll;l ;1950).·as amended. MUce is hereôy given that the City Council,of the Citvof Roanoke will hold II p'ub'lic he,.¡ring on the <Ibove mailer at its regular meeting to be- held on Octob~r 19. 2006. commencing at 7:00 p.m.. in the Council Chamber$(J(lhe Noel C. Ta~or Municipoll Building. located <It 215 Church Avenue, S.W·.. RO<lnoke. Virginia 24011.' 'Citizenssh<lllh<lvethc- opportunity to be h~ard and e~pres$ their opinions on thism<llter. :~ If vou are <I ptHSOn wit~~a diS<lbility who need's !accommoddtion~ for this ; hearing. please contact the '¡City Clerk's Office <It l540) 8532541, before 12:00 noon on Monday. October 16. ~006. i¿ GIVEN under mv hand thYs 51h day of OttobiH. 200~. ;i; Stephanie M. Moon. CMC ':L~ AttingCityClerk '? SLate of Virgicia City of RoanOKe: I, (the undersigned) 3::l authol-ized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a dally 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.~' iaia. Sworn and subscl-ibed before me this __ _~day of October 2006. Witness my hand and of 'lcial seal,. ~. A; --- /IÞUL My fcommiS~i n e ____ Notary Public ~31-r2ili7----- . (990460ì) ~l PUB:'IS3.ED ON: 10/09 TOTAL COST, FILED ON, 167.01 10/12/06 .- - - - - - - - - + Authorized Sig!"'~ature :__ Gu no / ~------, r, ~-¡ Billing Services Rcpres~tative ,- ffi ,'~. "' ;¥~ n t=) --, ,~. en :Co ~3: I-":~ >-" r.) LTl ptc NOTICE OF PUBLIC HEARING The City or Roanoke proposes to lease to Penick, Ine., d;b/a r\ew '1'ork Subs, 290 square fœt or City-owned property located in the City Market Building at :12 \>Iarket Square, Roanoke. Virginia 2401 L for a term of three years Pursuant to the requirements of ** 15.2-1800 and 1813. Code of Virginia (1950). as amendcd. notice is hereby given that the City Council of the City or Roanoke will hold a public hearing on the above matter ¡It its regular meeting to be held on October 19. 2006, commencing at 7:00 p,m., in the Council Cham hers or the !\od C. Taylor Municipal Building. located al 215 Church Avenue. S.W., Roanoke, Virginia 24011. Citizcns shall have the opportunity to be heard and express thcir opinions on this mattcr. If you are a person with a disability who needs accommodations for this hearing. plcase COlllact the City Clerk's Ollice at (540) g53-2541. be/ore 12:00 noon on Monday. October HI, 200<i, GIVEN under my hand this --5-tJ+ day or Octobe r ,2({(), Stephanie M. Moon, CMC Acting City Clerk ;-'¡l.llic'e In Publisher: Publish in the Roanoke Times onœ on \1onday. Oeloner 9.2006. Send bill and affidavillll: Slcphanie M, \100n. CMC ACling Cily Clerk 215 Church Avenuc. S. W. Room 456. Nnel C. Taylor Municipal Building Roal1L1ke. Virginia 2-10 II l540) R53-25-1¡ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24011-1536 Tl'kph(lllc: {5-l-0) R5.~-:!5.11 Fax: (540) :':5)-1 ]45 E-mail: ('lerkø.'f(1an~)kt·\"a.~(\" SIIEILA:-;. HARnIA:-; A:.sisl,ml Cily Ckrk STr,PHANm M. \100:-;. CMC Acting City Clerk October 23, 2006 File #2 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37599-101906 authorizing the proper City officials to execute a contract to sell to Madison Field, Inc., certain City owned property located at the southeast corner of the intersection of Overland Road, S. W., and Brambleton Avenue, S. W., and identified as a part of Tax Map No. J 36030 J, upon certain terms and conditions, and authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matters. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October J 9, 2006, and is in full force and effect upon its passage. Sincerely, ~~rn. hjà~ Stephanie M. Moon, CMC Acting City Clerk pc: Veronica Van Deventer, Manager/Member, Icon Deveopment, LLC, P. O. Box 12221, Roanoke, Virginia 24023 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist pf IN TliE COUNCIL OF THE CITY OF RO.A.NOKE, VIRGINIA The 19th day of October. 2006. No. 37599-101906. AN ORDINANCE authorizing the proper City of1ìcials to execute a contract to sell to Madison Field, Inc., certain City owned property located at the southeast comer of the intersection ofOverlalllI Road, SW, and Rrambleton Avenuc, SW, and identified as a part of Tax ]\fap No. 1360301, upon ccrtain tenns and conditions; authorizing the City Manager to execute such further documents and take such further action as may bc necessary to accomplish the abovc matters; and dispensing with the sceond reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, alìer proper advertisement, held a public hearing on the abovc matter on October 19, 2006, pursuant to Sections] 5.2-1800 and 15.2-1813, of the Codc of Virginia (1950), as amended, at which hearing all parties and citizens werc afforded an oPPoltunity to be heard on the above matters; and WHEREAS, alìer closing the public hearing, Council belicves the sale of such property will benelÏt the City and its citi¿ens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk arc authorized on behalf of the City to exccute and altesl, respectively, a COlllract to sell to Madison Field, Inc.. certain City owned propeny located at the southeast corner of the intcrsection of Overland Road, SW. and Brambleton Avenue, SW, consisting of approximately 1.4 acres and identified as a portion of Tax Map No. 1360301, upon certain tenns and conditions as set forth in the contract attached to the City 1\1anager's letter to this Council dated October 19, 2006. Such contract is to be substantially similar to the one attached to such letter, and in a fonn approved by the City Attomey. L\A ¡·rOki\'E...·\DA TA\CI.V"n \MEASURES\ORDIKA:-JCES\.\·tadJslln Field sale.dol' .,., The City Manager is furthcr authorized to cxecute such further documents, induding a Deed ofConveyancc, and take such further action as may he necessary to accomplish the above matters and complete the sale of the above-mentioned property to Madison Field, Inc., with the fornl of such documents to bc approvcd by thc City Attorney. 3. Pursuant to thc provisions of Section 12 of the Cily Charicr, the second reading of this Ordinance by title is herehy dispensed \vith. ATTEST: .~~~.~~ Acting City Clerk. L ·\AT!ÜR~ E'r"\DA TA \CIS1'] \t\tlEASURES\ORDINA!\'CES\Þ.1adls01l FIeld sale. Joe , ~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Nt.lel C. Tc1)'lof .t\.1ullicipal Building 21=) Church Avenue, S.\V., Room 364- ROclll\)ke, Virbinia 24-0] 1-1591 1"1·It'phll!1\': (:;-llll.'Ì:;.1-~.ì3.1 F<IX: (~-lll) !-;5y-113~ City \\\'l~' \\,\\'\\ .ro,l11tlk\'\.I..I~tl\· October 19, 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: Sale of City Owned Property - Tax Map No. 136030J Background: The City of Roanoke currently owns property located at the Southeast corner of the intersection of Overland Road and Brambleton Avenue, and being a portion of the property bearing the Official Tax Map No. J 360301, and containing approximately J.4 acres. Madison Field, Inc., has presented a concept plan to purchase and develop this parcel into seven single-family residences. The proposed sales price is $63,750. The price reflects the developer's responsibility for relocating water lines on the site to make it developable. City staff has negotiated a proposed sales contract that requires the property to be developed in substantial conformity to the concept plan and building design for seven single family homes as originally submitted by Icon Development, LLC, and entity consisting of the principals of Madison Field. A copy of the draft of the contract is attached as Attachment A. City staff has determined that there is no benefit for the City to continue ownership of this piece of property and that the proposed project will benefit the City and its residents. The sale of City owned property requires a public hearing, which will be held at Council's meeting on Thursday, October 19, 2006. Honorable Mayor and Members of Council October 19. 2006 Pag e 2 Recommended Action: Absent comments at the public hearing requiring further consideration authorize the City Manager to execute a contract for the sale of the property substantially similar to the contract attached to this letter for the above sale price. Authorize the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matter, including execution of a deed of sale, and to complete the sale of the property to Madison Field, Inc. All such documents are to be approved as to form by the City Attorney. Respectfully subr1Jjtted, (.flJ¿,<-/,/ )H0~ I Darlene L. Bur City Manager DLB:lpp c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist CM06-00176 J)RAI'T - OCTOBER 6, 2006 COl\TRACT FOR PlIRCHASE MiD SALE OF REAL PROPERTY This C'"ltract foor Purchase and Sale of Real Property (Contract) is dated _____ 2006. by and hetween Ihe City of Roanoke. Virginia. a Virginia municipal corporation (Seller). and t\'ladison Field. Inc_. a Virginia corporation (Buyer). WITNESSETH: WHEREAS. Seller is desirous of selling certain property and Buyer is desirous (If acquiring such pwperty upon Ihe terms and conditions set IÙrth helow: WHEREAS. Buyer will construct on such property locat,'d at the interse,'tion of Bramhleton A venue and Overland R(lad in the City of Roanoke a single-family residence suhdivision all'l\\-ing for separate ownership and development of the several lols or sites after acquisition hy Buy,'r; and WHEREAS. Buyer is a Virginia corporation formed by the principals of Icon Dewlopment. LLC, the Virginia limited liahility company which proposed the projecl descrih,'d in this Contract to the Seller_ NOW. TIlEREfoORE. for and in consideration of the mutual covenants and conditions herein sl'l forth. and other good and valuable consideration. the reœipt and sufficiency of which is acknowledged hy the partie's hereto. Seller and Buyer herehy agree as follows: SECTION I. UEFI:\"ITIONS. Unless the context otherwise specifics or requires. for Ihe pnrpose of this Conlr;lct. the following terms shall have the meanings set forth in this Section: Closinl!: The consummation of this Clllllract hy Seller's delivery of a Dœd 10 Ihe Property to Buyer. C1osinl! Date: The date pwvi,lcd for in Section I"¡ hereof for the Closing_ Contemplated lIse: The development of the Pwperty hy the Buyer or its successors according to the Madison Field Concept Plan daled April 13. 2006. which is attached hereto and made a part hercof as Exhihit 1_ Imllrovements: Any ;md all improvements. and all appurtenances thereto_ located on the Property at the time of Cltlsing_ Properh': a eertain City owned parcel of land situated in th,' City of Roanoke lying southeast of and hounded hv the intersection of Overland R(lad. SW. and Bramhleton Avenue. SW: hounded on the south hy Martin Road_ SW_ and two privately owned parcels designated as Tax Map Nlls_ 136050<.-J and 1360501_ Such pwperly is a ()(lrtion of Tax Map N(,_ 136030 I wlllaining appwxirnalely 1 A al'!"es of land. more or less. and being designated on Ihe attached drawing. whil'h is made a part hereof and marked as Exhibit 2_ Such l"i.'al property is located al the int,'rsection of Brambleton Avenue. SW. and On'r1and Road SW. is Zlllll'd R-7. single family residential. and can he dew loped as shown on Exhihit I without the need to rezone llr seek a special exception, Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. C:\DUCL:o.1E-I\C\lS\11 ()()()\LOC:\LS" I\Tl'rT1r\nl)Il·~"'-"H,l2\Hr;¡ll1bk·1I1111.Ill C\ll\lra.:l fill PllI"I,:h:bl.: :lI1d Sail' t\bdi:-lm hdJ ~ Jll~' SUn'C\': A current. ccrtifii.'d plat of survcy of the Properly showing all existing constructiOli. all boundary lines. casements. set-back requirements. parking areas. encroachments and such other conditions as might he expected to be shown on a plat prepared hy a professional œrtified l'ngineer for lender approval. SECTION 2. PL"RCHASE A:\D SALE OF PROPERTY. A. Seller agrees to sell the Propcrty to Buyer. and Buyer agrees to purchase the Properly from Selkr. Up'"! all the terms. l·ovenants. and conditions set forth in this C,'ntract. B. Th,' purchase price for the Properly (Purchasl' Price) shall he Sixly-Ihrl'c Thousand Sl'vl'n Hundred Fifty and Il(lllOO Dollars ($63.750.0n). payable in cash or cl'rtilïed check from Buyer to Sl'lIer at Closing. SECTIO:\ 3. EAR:'I:EST MO:'l:EY DEPOSIT. Buyer. eonl'luTently with its exeelllion of this Comaet. has deposited with Selkr a Five Tllllusand Dollar and no/100 ($5.000.00) œrtilÏed check payable to thl' Seller as an earnest money dl'posit (Deposit). On thl' Closing Date. this cheek shall he cashed by Seller and applil'd against the Purehase Priœ for the Property. In the e\'Cnt Closing oeeurs or the Seller is l'ntitled pursuant to this Contracltn retain the Deposit or a part thereof. Seller shall he entitkd to cash this check and retain the money due Seller. In the event Buyer is entitled t" a rcrund of the Derosit or a part of the Deposit. Sl'lIer shall promptly either return the certified cheek to the Buyer or eash such check and return only sueh perccntage of the money as the Buyer may he entitled to under the C¡llllract. Sellcr herehy agrees to hold. keep. cash. or deliver the Deposit in accordancc with the terms and provisions of Ihis Contral·t. Such Deposit is Il(lnrcrundabk except only for those specific items otherwise set forth in this C"lllract. SECTION 4. CONDITIONS FOR COl\IPLETION OF CONTRACT. /\. As a l'llndilion preœdent 10 Buyer's ohligation to purdlase the Property or otherwise to perform any ohligation IWO\"i,kd for in this Contract. the Seller. as of the Closing shall have L'llmplil'd with the Seller's representations and warranties in Seclilln IJ llf this Contract. and the fulfillment to the Buyer's reasonahk satisfaction of the Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as presnibed in Seetion 14(D). As a condition preccdent to Seller's ohligatioll to sell the Property or otherwise perform any ohligation provided for in this Contract. the Buyer. as of the Closing. shall have wmplied with the Buyer's representations and warranties in this Contrae!. B. Buyer and/or Seller may. at any time on or hef,'re the Closing Date. at its election. waive any of the conditions precedent in this Section of in writing. and Buyer's and Seller's Cllnsummation of the Transaetion on the Closing Date shall waive all such conditions precedent. C. In thc eve III Closing has not occurn.'d through no fault of the Seller on or hefore 135 days after Ihl' date of this Contral'!. or such additional time as provided for in section 1-1-(C). the Seller. at its e1eclilln. by written notÏl'e given to the Buyer. may terminate this Contract. Such written noticc shall give Buyer ten (10) days from the date of C:\DOCU...1E· 1\('~IS\11 (()()ìLOC.-\LS-·J\Tl·mpìlJ(,tl·:-rr=nlq~\Br:lI11hkl\ln I...,[ CI'lllI,td fIll I'llll.:h'bC ,tIlII Sak '\l;ldi'llll hdd ~ dIll' 1 such noticc in which to ddi\'i.'r the 'Purchasc Pricc and proceed with Closing, If Cklsing has not occurred within that tcn (10) day Ik'riod through no fallltof the Scllcr. ¡his Contracl shall alllOmatically he terminated without further 'll"tion, In thc cycnt of such tcnninatiun. the Scllcr shall re\ain thc full amounl of the Deposit and this Conlract shall he deemcd lerminated and of no further force and effect. D. Buyer shall haye ulllil ninety (90) days after the datc of this COlllracltll cumplete its due diligence reyicw llf Ihe Property (Due Diligence Period) and delc'nnine if there arc any enyironmental. gClltcdlllieal. or title problems wilh Ihe Property that would prc\"Cnlthe use of thc Properly. Should Buyer reasonahly determine during such Due Diligence Peri(ld thatthL' Property cannot be uSL'd hy Ihe Buyer duc 10 enyironmenlal or title problcms. Ihl' Buyer shalllHltify Ihe SL'IIer in writing as soon as pllSsible. hut in no cventnot later than 5 calendar days arter the end of such Due Diligence Period. of Buycr's lkcisiontllterminate thc Conlract for such reason. In such caSL'. Ihe Seller shall refund the Deposit and this Conlract shall thereupon be terminated and of no further force and effect. However. should Buycr fail 10 nUlify Seller as set forth abovc. Ihen IhL' Dcposit shall remain nonrefundahle. E. In l'onnel'tion \\'ith the Buycr's ahilily tll condlll·t its due diligence 1"C\'iew mClltioned ahovc. the Scller hcrd,y grants In Buyer. its officers. agents. empklYl'I'S. contractors. subcontractors. licensees. designees. rcpresenlati\'i.'s and consullants. a revocable right 10 cntcr upon the Propcrty al any time during thc due diligcnce period. upon five (5) working days prior wrilll'n notice tn the Seller. in ordcr to survey. make test borings. and carry llUt such other examinations. exploratory work. Ill' leslings as IlIay be nl'l'essary to complete a Phase I and Phase II Environmelllal Assessments. or geotechnical asscssmcnts. of Ihi.' Pl"Llperty IIp(lnthe following terms amI cOlldilions: I. If the Buyer excecds its rights granted IIndl'r this Seclion or fails to ohtain and maintain Ihi.' insllrance required by this Seeti(ln 4. the Sellcr may inlllli.,diatcly revoke this right of entry. 1 Buyer agrces to he responsibk fIll' any and all damages rl'sulling from the aCli\'ity or activilies of Buyer. its officers. agellls. employees. contractors. subcontractors. licensees. designees. representati\'es and consultants. on the Properly in Ihe c.\ercise of thc rights grantcd IInder this Section 4. Buyer shall. at its s(llc cost. promptly and fully restore any land dislurhcd by the excrcise of the rights under this Section 4 to a condition equal to that cxisting immediately prior to enlry 011 the Property. 3. Buyer agrees and hinds itsdf and its SUi.'cesS(lrS alld assigns to indemnify. keep and hold the Seller and ils officers. agenls. employees. Vlllllnteers. and rcpresentatives free and harmless from any and all liability. daims. CatN'S of action. costs and damages of any type. including allorJIcy"s fees. on aecounl of any injury or damage of any type to any person llr property growing oul of or directlv or indirectlv reslllting from all)' act llr omissiun of Buver including. .. J .... -'.... but not limited tn. Huyer's use of the Properly in violation of the provision of this COlllraet or the c,\ereise of any righl ur privilegc granted by or undcr this Scction 4. In the evcnt that any sllit or procccding shall be brought against thc Seller or any of ils officers. employces. agellls, volunteers. or rl'presentativcs. C:\DOlT~ 1 I:: -·1 \C:-'15\11 .! l( l( l\LOe .-\LS·n] \Tl'IllI'\nl1(l"' ¡';--"f1(C.\Hralllhll'l\ '[I [,¡ 'I ('¡ 'Illrad Ii l" Purdl:':-'l' :lllU Sak \bdi:-'lll1 r.dJ ~ .Ill 'l' 3 al law or in cquity. cithcr inùependmtly or jointly with Buycr. ils ofïcL'rs. agents. employees. contractors. suhcontractors. lil'C'nsl~cs. designcC's. rcprcsl'ntatives and c(lnsUllants. on account thcrcor. Buycr. upon notice givcn \Ll il hy thc Scllcr or any of its officers. cmployees. agmls. \'llluntccrs or rcprcscntatiws will pay alll'llsts of dcfending thc Scllcr or any of ils ofTiL'crs. cmployccs. agcnts. volunteers or rl'presentativcs in any such action or other procccding. In the evcnt of any scttkment or any final judgmcnt being awardcd against the Scllcr or any of its lllTicers. employccs. agents. \'lllunteers or reprcsentatives. cithcr indcPl'ndcntly or jointly wilh Buyer. its olTicers. agents. cmployecs. L"(lnlractors. subconlraL'lors. I il"Cnsees. dcsignccs. rcpn:senlalivcs and consultanls. lhen Buyer will pay SUL'h settlemcnl or judgmcnt in full or \'-'ill L'omply wilh such ordcr or deercc. pay all cosls and cxpenscs of whatsoc\'l'r nature. induding attorncy's fees. and hold lhe Scller or any of ils officers. cmployccs. agcnts. volunteers or reprcscntativcs harmless lhcrefrom. -+. Bu)'cr shall. at its sole cxpmsc. (lhlain and maintain. or havc its conlraclor or represenlativcs ohtain and mainlain. the insurancc sct forth helow. An)' rcquircd insuranL'l' shall he elTeetivc prior to thc heginning of any work or olhcr perfol"lnanL'l' hy Seller undcr Section -+. Thl' folklwing policies and coverages arc rcquired: (i) (ii) (iii) , (iv) CommerL"ial Gl'neral Liahilil\. Commcreial Gcncral Liability insuranL'l'. written on an OCL'UlTCnCC has is. shall insure against all claims. loss. L'ost. damagc. cxpcnsc or liabilily fwm loss of life or damage or injury to persons or property arising <:iul of Buyer's aets or omissions. Thc minimullI limits of liahility for this covcragc shall hc S I.onn.noo L'omhincd single limil for any onc Ol'l'UITCnL'l'. Contractual Liahility. Broad form Contractual Liability msurance shall includc thc indcmnit'icationllhligalion SCI forth above. \Vorkcrs' Compensalion. WllrkL'rs' Cllmpcnsation insuranL'l' cll\'cring Buyer's statutory obligation under thc laws of Ihe Comnlonwcalth of Virginia and Employer's Liabilily insuranL"e shall he maintained for all its cmployees cngagcd in work undcr this Scction -+. l'vlinimum limits of liability for Employcr's Liability shall bc $1 OO.OO!) bodily injury by accidL'nl l'adl OCL'lIITCnL"C: $500.000 bodily injury hy discasc (policy limit): and $100.000 bodily injury by discase (each employcc!. With respcct to Workers' Compensation L'O\'l'ragc. Buyer's insurancc company shall waive rights of subrogation against thc Scller. ils oft'iL'l'rs. employees. agents. voluntecrs and rcprl'sl'ntatives. Automohile Liability. The minimum limit of liability for ¡\lItomohile Liabilitv Insurance shall bc S I.()O().O()!) comhined sinde limit , , applicable 10 owncd or non-owncd \"Chicles used in the pCrf(lrmanCc of any work under this Section -+ and shall be writtcnl.ln an o('currence hasi~. C:\DOn :r-.11: . [\(".\lS.\11.(I(}(I\1 JJC.-\L.":i-·I\Tl·ll1p\m'll·sFFFll(I~\lil;lIll¡'k·h'l1 1..'ll"l11lra," Il'!" Purd¡:l"l" and S;ll~' -'lau]",]} Fil'ld.~.dul.: ...J. ). The insurance L'OI-Cra1!eS and amounts set forlh ahol·c Illav he met hv an . -- umhrella Iiahility policy following the form of thc nndcrlying primary coveragc in a minimum amount of $1.000.000. Should an nmhrL'ila liahilit v ilNlrance coverage Imlicv hc uscd. such coverage shall he 01 .... 01 ...... ae'l"ellllpanied hy a cerlificate elf e'ndorsL'mL'nt stating that it applies to the spccific policy numhers indicatcd for the insurance providing thc coverages required hy Ihis sectilln. and it is further agrced that such statcl11enl shall he made a part of thc certilïcatc of insurance fnrnished hy BUYL'r to the Seller. 6. All insurance shall also meet Ihe following requirements: Ii) Buyer shall furnish the SL'iler a certificate or certificates of insnrancc showing the type. amount. effeclilT dates and datc llf expiration of the polic'ics. Ccrtificatcs of insurance shall include any insuranL'C (kdnctihles. Iii) The required certificate or ccrtificates of insurance shalJ include subslantially the following slatcment: "Thc insurance covered hy this certilïcate shall not he canceled or materially altered. cxcept after thirty (30) days wriiten notice has been provided to the Risk Manageml'nt OITicL'r for [he City of RoanokL,." I iii) The required certilïcale or cerlilïcates of insurance shall name the City of Roanoke. its officers. employees. agents. \"()Iunteers. and reprcsentativl's as additional insnreds. Ii,·) Where waiver of suhrogation is required with respeel to any policy of insurance required under this Section -I. such waiver shall he specified on the certificate of insuranL'C. IV) Insurance coverage shall he in a form and with an insurance company appron'd the SL'ilcr which approval shall not be unreasonahly withheld. Any insurance company pro,·iding coverage under paragraph 6 shall be authorizl'd to do business in Ihe Conullonwealth of Virginia. F. Upon the request of Sellcr. Buyer. its offic'ers. agenls. emploYL'L's. contractors. suhL·ontrae'tllrs. licensees. designees. representatives and cllnsultants. shall within a rcas(lnable period of time after receipt of any preliminary or final tesl rcsults llr eonelusory repllrts and opinion statements. deliver copies of same to Seller. If Sellc-r so requests. Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses, Such copies of allthc above shall be provided to SL'ilcr wilhout charge. G. Buyer. its officcrs. agents. employees. conlractors. suhcontractors. licensees. designces. representatives and consultants. shall at all limcs comply with all applicable federal. state. and local laws. rules. and regulations. Buyer. its offiœrs. (':\DOCl".\Il:." ]\Ct\ISt\II"(l()f)\I.oC.-\LS-"]\Tl"lllp\l1n(l'"~F¡:F¡'ll~\Br;l11hkl\ln LIII C\1Il1r.ld fill PIln.:ha"I..' allll Sak \bdisl'll hdJ ~"lh'L" 5 agents. employees. contral"lors. sul1L'ontractllrs. liœnsees. designees. representati\'ö and L'onsultants, prior to l'xercising any righls under Seclion .:I. shall ohtain. at their cost. auy and all required permit.s andll>r liceuses for any sudl work. SECTION 5. BUYER'S A;\J) SELLER'S OBLIGATlO:\'S. A. Seller a~rees that it will do the follo\\'in!!: - - I. Seller agrees tll sell to Buyer a œrtain City l""ned parcd of 1¿lIld silU:llL'd in thL' City of Roanoke lying southeast of and hounded hy the interseL'lilln of Overland Road. SW. and Bramhlclon A n'llIle. SW: hounded on the Slluth by Martin Road. SW. and two privately owned parcels designated as Tax Map Nos. 1360509 and 136050 I. Such property is a plll'lion of Tax Map No. 136030 I clllllaining approximately 1.4 acres of land. more or less. and is designated on Exhibit 2. for the Purchase Price of S63.750,1l(J. , Seller will ddiver to the Buyer a deed at elosing in accordancL' with the terms of this Contract. B. Buver a~reL'S and pwmises that it will do lhe following: . - - I. Bu)'L'r will purehase the Property from the Seller for the Purchase Price t>f ~63.750.00 and will make payment in aecordancc 'Nith the \i.'rms of this Contract. 2. Buver further agrees that the di.'termination of the use of the Property and whl,ther it fits the Buyer's purposes is the BUYl'r'S Sl.lle rL'spt\llsibility in this matter and not thai of the Seller. 3. The Buyer agrees to initiatL' subslantialconstruction on the emire Property. as defined in Section I X of Ihis Contraet. within 12 months from the date of this Contract allll develop the entire property in substantial conformity with the Madison l'ield Concept Plan that is dated April 13. 2006. attached hereto as part of Exhibit I and the Madison l'icld design narrative as induded in the leon Development. LLC Proposal datL'd April 13. 21106. attached hereto as part of Exhibit I. Substantial l'l.lnformity means that the huildings aetually built must be used for the purposes identified on such Plan. (i.e. single family detached residenL'e and all related site impwvements (induding landseaping. drivL'ways and other related Ulilities) will bL' generally located and provided as illustrated in sudl Concept Plan. Buyer agrees that a 10lal of seven (7) homes will he huilt on the Property within a reasonahle time period. but in no e\Tnt later than 36 months frnmthe date of this Contract. .:I. Buyer agrees to develop any and all aboveground stormwater management facilities Ihat it may he required to provide or that it may c1eL'l to provide in a manner that docs not detraet from the appearance of the neighhorhood and more speL'ifically to indude. hut not necessarily be Iimiled to the following: c \D()n:r-.1E-I\C\1S\II.f)()(l\U)CAI.S··I\Tl·lllp\rIl11~·,-"-"f·i,t12\Hr,¡ruhldl>11 u'l CPllIr,Il"1 li'l" rllfdld~l· ;and S:lk l\1:ulbllll hdd.~.dll' (, (a) Such stormwater facilities will not use riprap or other stlllle for permanent slope stahilization. However. such malL'rials shall he used for erositln sediment control purposes during the construction of such fac·ilities. (n) Such stonnwater managemCllt facilities will be designed so as not to rC'luire permanent fencing around such S\(lrmwater facilities. (c) Such storm water managemCllt facilities will he fully landscaped with grass and other appropriate plant matl'rial which shall he maintained in a neat appearance hy the Buyer or those who may purchase from the Buyer. or he designed as wet detention has ins. (d) The slope llf any stnrmwater management facilities basin walls shall nl>t exceed 1: I. Ie) Such sturmwater management facilities standpipes. where provided. shall he within thl' l'mhankments and not anoveground. 5. Buyer agrees the R inch amI 16 inch walL'r line which runs diagonally across the property from north to south will he relocated ny the Buyer. at Buyer's sole expense. in a manner ami kleation aC'ceptahle to the Western Virginia Water Authority. 6. Buyer agrees to have a Survey of the Property performed at Buyer's Sllle C'llSt and shall providl' Seller. at no charge. with a copy of such Survey within 5 husiness days after completion of sud] Survey. C. Buyer agrees to place in the deeds and contracts of any entities to \\"hich Buyer sells or transkrs any part or all of the Property that such entities are hound hy and subject to the conditions set forrh in this Cllntracl and that the conditions and ohligations of this Contract will survive the Closing and execution of the deed for the Property. the intent being that the Seller shall he named hy the Buyer as a third party henctïciary in all sueh l"Ontraets and lleeds and Seller shall bl' able to l'nforCl' the obligations of the Buyer set forth in this Contract on the Buyer or any of the Buyer's subpurchasers and/or grantees until the initial development llf each lot and the building thereon in al"l"onlanCl' with [he Madison Field Concept Plan has heen completed as set forth herein. Completion of such initial de\"e1opment of each lot will he deemed to have oec'l1ITed when a permanent certificate of occupancy for the lot and building thereon has been issued and such lot and building is in accordance with the Madison field Concept Plan. When such permanent certificate of occupancy has bl'en issued as set forth ahove. the ohligations under this Contract of the then current owner of the lot to which the certificate applies shall be deemed to have neen satisfied as tll the Seller and no future inclusion of the obligations of this Contract to that spl'cilïc lot needs to be included in future transfc'rs of such lot. However. the ohligation under this Contract shall continue as to any other lots aml/or parts of the Property that do not mcetthe conditions set forth abon:. C.\DOClI\IE·-I\C.\IS.\ll.!lO()\I.oc.-\r.S ··I\Tl·IIlI'\1I\'k·~IT¡:(,\J2\Bral11hl.:l\ln LIt (\1Il11õll"1 t"OI I'llldl;l"l' illlJ Sa!.: \1adi:-'IIII FidJ.2.dUl" 7 D, The Buyer agr~èS that the condilions and ohligations of the Bllyer und~r this ContraL' arc eondilions and ohligations thai will he incorporated either direclly or hy r~krence in any d~~d to the Property from Ihe Seller to the Buyer and will survi\'e Closing. SECTION (,. COI\1J>L1A:\CE WITH LAWS. Buyer agrL'es 10l"!:1I11ply with all applicabk kderal. state. and IOL·allaws. rilles. and regulations, SECTION 7. :'\ONnISCRI\UNATIO:\. A, During the performancL' or tenll of this Contracl and th~ inilial development of Ihe Property. Buy~r agrees as follows: I. Buyer will not discriminate againsl any employee or applicant for employm~nl heeause of race. religion. color. sex. national origin. age. disahility, or any llthcr hasis prohihited hy state law relaling 10 discrimination in employment. except where there is a bona fide llccllpational qualification reasonahly nccessary III thL' normal operation of Buyer. Buyer agrees to post in conspicuous places. available 10 employecs and applicants for employmenl. Illltices selling forth the provisions of this nondisL'l'iminatioll clause, tl. Buyer in all solicitations or advertisements for employees plaeed by or on hehalf of Buyer will slalc Buyer is allcl]lIal opportunity ~mployer. III. NoticL's. ad\'ertisements and solicitations placed in accordance wilh I'cderal la\\'. rule or regulal ion shall be del'lllL'd sulÏïcient for Ihe purpose or meeting the rel]uir~ments of this section. Buyer will indude the provisions of Ihe rllregoing Scclion A (i. ii. and iii) in e\'~ry suhcontraet or pllrchase order of ovcr S I o.noo.so that the provisions will he hinding upon each suheontractor or \'endor. SECTION 8. ASSIGNMENT. Buy~r agr~es nol to assign or trans reI' any pari or this ConlraL"l withoul the prior wrillen consent of the Sdlcr. which willllllt he unrcaS<.lIlahly wilhheld. and any sud] assignment shallnol relie\'e Buyer from any of ils ohligations lindeI' this Contract. SECTIOl'ì 9. INDE\f'iITY. Buycr agrees to indemnify and hold harmless the City and its officers. directors. and employcl's free and harmless ror and from any and all claims. causes of action. damages or any liahility of any type, including reasl\l1abk allllrncy's kes. on account of any claims hy or any injury or damage to any persons or propcrly growing out of or direelly or indirectly resulting or arising in any way out of any al'lillns. omissions. or aeti\'ilies or Buyer or its agellls. employees or representati\'es arising oul of or connected in any way to any of the malleI'S involved in this Conlract or any p~rformance thereunder. C:\)()(·LI\ll:.--I\C~ISf\ll.clClll\LnC:\LS~ ]\TI.:TllrJ\lIUh.'<,1"1+hll:!\Br:llllhld1m 1-"1 <''<llltrad h,,, f'urdl,bl' and Sail' \ladi"llll ¡:¡\'ld.:!.d¡" S SECTlO"," 10. FORlJ:\l SELECTION AND CHOICE OF LAW. By virtue of elllering into this Contract. Buyer agrees and suhmits itsdf to a conrt of competent jurisdiction in the City of Roanoke. Virginia. and further agrees this Contract is controlled hy the laws of Ihe Commonwealth of Virginia. with tht, exception of Virginia's contliet of law provisions which shall not apply. and all claims. disputes and other mailers shall he decided only by such court according ((I lhe i<lws pf the Contntonwealth of Virginia as aforesaid. Buyer further \\'aives and agrees not to assert in any such action. suit or proceeding. that it is nol personally suhjectto the jurisdiction of such l"llurts. that the action. suitl\l' proceeding. is hrought in an ineonvenil'nt forum or that the \TnUe of the action. suit or proceeding. is improper. SEeTlO"," 11. EASDIENTS. Buyer promises and agrees to grant and dedicate to the Sdk'r and/or the Western Virginia Wale'r Authority all reasl.\Ilahly necessary casements on Buyer's Property flll' the l'onstrul·tion of infrastructure improvements needed for or henefiting the Property or snrrounding areas. including. hut not limited to. storm drainage. sanitary se\\'l'rs. and/or \\'ater. all at no cost to the Seller and/or the Western Virginia Water Authority, SECTION 12. APPROPRIATION OF FUNDS. All obligations or funding undertaken hy the Sdler in connection with the Contract arc SUbjl'l·ttl.1 the availahility of funds and the appropriation of such funds hy City Council as may he necessary for such ohligations or funding, SECTION 13. COVENANTS A:\'D WARIUNTIES. A, In addition to any representat ions and warranties contained elsewhere in this Contract. Seller warrants and rl'presents that Seller will. in accordance with this Contract. COJl\'CY title to the Property free and clear of allliens.covi.'nanls. conditillns. reslrictions. right- of-ways. eascments. and CIll"llmhrances of any kind or character whatsoe\'er. except as noted in this Contract and in the Conditions of Title descrihed in Section 14 helow, B, The Si.'lIer further repri.'sents and warrants with respect to the Property that: I. Title, Seller has good and marketable fee simple title to the Property suhjectto any restrictions of record, Seller is the sole owner of the Property. 1 Condemnation. Seller has no knowledge of any pending l\l·threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of acl"CSS ¡hereto, J. :-Jo Special Taxes, Seller has no knowledge of. nor has it received any notiœ llf. any spel'ialtaxes or assessments relating to the Property or any part thereof. 4. Hazardous Malerials. Seller has nOI had ¿Ill v environmental assessments perlÖnned with regard 10 the Property, However. to the hest of the Seller's knowledge. no ll>xic or hazardous materials have heen used. discharged or stored on or ahoutthe "ropl'ny. and wthe hest of the Seller's knowledge no such ll>xil' l':\DOCII\IE- I\C.\fS.\lIJI()()\I.nC.\I.S ·l\T'·rI1[1\Il"I,·"I·l+{,\I~\Ur;lIl1hklnll L(ll C(llltr;I~1IÙr Plll\:h.bl· .md Sail.: \1adi"\ll1 -"ll'ld.2.llll~· 9 or hazardous malèl"ials are nuw ()r will be al CklSing located on Ihe surface of thc Propcrly. 5. No LcasL's. Thcrè arè no kasL's of Ihè Pmpcrty. 6. Access. (i) Ingrcss to and L'gress from the Pmpcrty is availabk and provilkd by public streets (kdieatL'd to Ihè Cily uf Roanoke: and (ii) all str('('ls bounding IbL' Property are public str('('\S dcdicall'd to the City of RoanokL'. SECTION I.... TITLE AND CLOSING. A. Titk to thL' PropL'rty shall bè cunvl'ycd by Selkr to BUYL'r hy good and suf1Ïcicnt gènl'ral warranty lked (Ibl' "DcL'd") subject to Il() L'xœplions olher than thc fl.lllowing: I. Ad \"alorL'm real propcrty taxes for thL' L'UITent YL'ar. not YL't duL' and payablc: 2. ThosL' maltL'rs of tilk II.) which Buyer has not objL'L'tL'd to in writing: 3. Those mallL'rs rdkctL'd on Ihe Surn'y {() which Buyer has nOI ohjeL'ted to \Il writing: 4. Easements and othL'r restllcllons of rèL'ord as llf the dale of L'xecution of this Contracl by Selkr Ihal do not substantially affect Buyds ContL'mplated USL': 5. Liens and objeclitllls shown on the Title CommitmL'nt ubtained by. or that could ha\"L' bL'L'n obtainL'd by. BUYL'r: Ó. OlhL'r custumary a1lllusual exœptions not advcrsdy afketing titlè: and 7. Thosc ilcms and mailers set forth in this Contl"<1('t and that the obligations and ulllkrtakings of the BUYL'r in this Cootract will survivL' Closing and bL' incorporaled inlo the Deed. All of the foregoing eXL'eptions are herein referred to colleelivl'iy as the "Cundilions ofTitk." B. Delivery of title in accordance with lhe foregoing shall bc c\"ilknœd by IhL' willingnL'ss on the Closing Date of IhL' TitlL' Company to issuL', upon paymL'nt of its normaIIJrL'mium. to Buyer its A.L.T.A. (form B) Ownds Policy l)f Titk Insurauce (the "Title Policy") insuring BUYL'r in thL' amount of the Purl'llaSL' Pril'C in reSpL'l·t to the Pmperty and thaI title to Ihl' PropL'rty is vL'sted in BUYL'r subjecl only 10 the Couditions (.If Tillc. C. Buycr and Seller shall conSU\llmatè this Iransal'lion on or before a date which is 135 days following Ihe dale of Ihis Conlracl (Ihe "Closing Date"), with the spccific Closing dale being designatL'd by Buyer in writing III Sdkr at kasl IÏvc (5) days in advance thereof. HowL"'cr, upon mutual agrecmL'nt of the panies. such linll' period may bc L'xtcndL'd. D. TIll' purchase ami sale uf thL' Property shall be cklSed (Ihe "Closing") at 10:00 A.M. on the Closing Dale in Ihe OITicL' of thL' City Allol1ley. or at such othL'r location and li\lle as shall be apprl.lvL'd by Buy('' and Sl'ikr. (':\I)UCL·t\ll.:"-·I\(·~IS~11 ()()()\I_(J(·:\I.S-·I\·I\:lllpìnlll\~.~¡';--"()l2\Br;¡mhklllll u.1 ('l'ntr:ll'¡l¡lr PUfchasl: and Sak \,ldi"lll1 l:i~·lJ.:!.JI'~· 10 (I) On the Closing Date. Sellèr shall deliver elr cause to he delivered to Buyer thc following documents: a) lis dulv executed and aeknowlech!ed General Warranty Deed eonvevin~ to . ...... - - .... Buyer the Property in accordance with the pwvisious of this Contract: b) A mechanic's lien aflìdavit exeeuted by a reprc'sentative of Seller. satisfaetory to the Title Company. and 10 thc e1Te'etthat un work has heen performed on the Property in the cllle hundred twenty-five (125) days imlllediately preceding thc' Closing Date that eould result in a mechanic's lien claim. or. if sueh wl.lrk has been performed. it has been paid for in full: c) Sueh evidence and doeuments ineludiug. without limitation. a certified copy of the ordinance adelpted by the Seller. as may rc'asonably be required by the Title Company evidencing thi.' autllllrity of the person(s) c'xecuting the various docunK'nls l.ln behalf of Seller in cOllllec'tion with its sale of the Property: d) /\ duly executed euunterpart of a Closing Statement: c,) Any elther items required to bi.' delivered pursuant to this Contract. E. At CIl.lsing. real pwperty taxes shall be prorated with BUYl'r being responsible for all perields thereafter. F. Buyer shall pay. at Closing. the Purchase Price to Seller hy certified check. wire transfc'r. l.lr such other meaus as Seller may appwve. Buyer shall also pay for (i) the cnst of all investigations of the Property ineluding but not limited tn examination of title and title insuranec premiums for issuance of the Title Policy: (ii) all attortlc'y's fces and c'XI1L'nses ineurred by legaleuunselto Buyer: aud (iii) any Grantcc's tax and recording ellSts required to be paid in conneetion with the reeurding of the Deed. G. Seller shall pay the Grantor's tax. if any. and the expenses of legal counsel for Seller. if any. 1-1. Exclusive possession of the Property shall be deli\'ered to Buyer on the (](lsing Date. suhjeetto the prl.lvisions of this Contract. SECTION 15. CONDEMNATIO:\". Sellcr has no actual knuwledge of any pending or threatened eondemnation of the Propel1y. Ho\\'e\'i.'r. if. after the date hereof and prior to the Closing Date. all or any part of Property is subjectcd tu a bona fide threat of condemnation (11' condemned or taken by a hody having the powcr of clllinent dOlllain or a transfer in licu of cl.lmlcmnation. Buyer shall he promptly notified thereof in writing and within twenty (2()) days aftcr receipt of written notice to Buyer. Buyer may hy written nol ice to Seller elect tl.leaneel this Cl.lntraet prior to the Closing Dall'. in whieh event all panies shall be relieved and releascd of amI from any further duties. obligations. rights. C:\DOCll\1I·:-.I\C\lS\11.()()(l\LOL".-\LS--J\h·mr\nPll·:-.FFH1<l2\Bramhktl.n L..o1 ClIlllr.¡d Inr f'url"h;J~l' and Sa!...' \1adl<',lll1 Fwld.2.lh' 11 or liahilities hereunder. execpt that Buyer's Deposit shall he promptly refunded to Buyc'r and thereupon this Contract shall deèmed terminated and of no further forCè and effect. If no such e1eetion is made hy the Buyer to eaucèlthis Contral"l. this ClHllraet shall remain in full foree and e1leet and thc purehase comemplated hcrein. kss any interest taken by condemnation or eminent domain. shall bc c1lel"led with no further adjustlllcnts. and npon the Closing Date. Seller shall assign. transfer. and set over to Buyer all of thi.' right. title. and illterest of Selkr ill and to any awards that ha\'c heen or that may therealkr be made for any such taking or takings. SECTION 16. RISK OF LOSS. Risk of Loss hy fire or other casualty shall he upon Seller until Closing is eomplelc'l1. SECTIO:\" 17. COMMISSIONS. Seller and Buyer eaeh warrant and represent to thc otlH:r that their sole eon tact with the other or with the Property regarding this transaetion has been directly hèlween themselves and their employees. Seller and Buyer warrant and rc'present that no person or entity can pl"llperly claim a right to a clllllmission. finder's fee. or other compl'nsatilln based upon contracts or IInderstandings hetween such claimant and Buyer or Sellt'r with respecl to the transaction contemplated by this Contrac'!. Buyer agrees to indemnify the Seller against and III Iwld it harmless from any claim. loss. cost. or expense. including. without limitation. attorneys' fees. resulting from any e1aim for a commission. finder's ree. or other compensation hy any person or ent ity basc'd upon SIKh contaets or understandings. SECTION Ill. SELLER'S OPTIO:\" TO IŒPlIRCI-IASE. Nlltwithstanding any provision comained in this Contract or the Deed. if after twelve (12) months from the Closing Date. Buyer or its SUCl'Cssons) in imerest shall not have eommi.'ncl'd suhstantial construction on thc de\e1opment of the entire Pn.lpcrty. including any parts of the Property the Bllyer may have sold \ll" transferred to others. as reasonahly determined hy the Seller. the Seller shall have the right and option to refund to the then record owner(s) of the Pl"llperty and/or part thereof thc amount of thc original Purchase Priec or propllrtionate amount for a part of the Property Buyer paid the Selkr: whercupon thc thcn rccord owncr(s) of thc Propeny or thc pan thereof designated hy Seller shall fonhwith convey the Property or thc part thereof designated hy Seller haek to the Seller. In the event that the record owner(s) of the Property or the part thereof dt'signated hy Sdler for any rl'aSllll fails or rd"uses to eonvey tille haek to the Seller as required herein. the Seller shall have the right to enter onto and take possession of the Property or the pan thereof designated hy Seller. along with all rights and eauses of action necessary to have title to the Property or the pan thereof designated hy Seller conveyed back to the Seller. Buyer and/or its successors in interest shall pay any and all attorney's fees. costs or other expenses ineluTl'd as a result of such action. For the purpose of this Section. the term "suhstantial construction" shall mean the I"llugh grading of the Property to the extent necessary so that the Property is ready for the construction of buildings thereon and installation of Oil-site infrastruclure as set forth in the l'vladison Field Concept Plan. SECTION 19. REI\IEnIES A. In the event Buyer shall have fully performed or tendered performance of its dillies and ohligations herl'under. hut Seller fails to perform any of its duties or <.':\D()(·l:\1E· I\C.\IS.\II.(\II()\I.o('..\I.s-·.I\T~·lllp\nll(l·~Fr:n,q2\I:haTllI'h.:hl!1 1....,[ (".'1111";1\,:1 I¡'l" !'ur~'ha:>l' and Sak ~1.lJlSIl[\ hl'ld.2.dll"; 12 n:spllllsibililies ill accordancc with Ihe l':llns and pro\'isions llL'rc'oL Buy.:r's sok and exclusiv.: r.:m.:dy shall hc' all equilable suil to ':Ilforœ sp.:.:ific p.:rfollnallc,: of su.:h dUli.:s or r.:sponsibililie" Any and all olllL'r remedies oth.:rwise a\'ailahle In Buyer. al law or ill equily. ar.: h.:rehy expressly waived by Ih.: Buyer .:xccpt as Olh.:rwise sp.:cilï.:ally ,tat cd inlhis COlllra.:!. B, In Ihe ewnt Sdkr shall have fully p.:rfolln.:d or I.:ndereu perfOIl1l<II1Cl' of ils duti.:s and obligalions her.:in. hut Buyer shall ha\'e failed to perform its dul i.:s and ohligations hereulllkr. Buyer's Deposil shall h.: relain.:d by Seller as Sdkr's agreed upon inilial liquidaled damages. Ho\\'ever. if Buyer doses 1.11l Ihe Property and the Buyer and/or ils su.:e.:ssors or assign, fail to comply \\'ilh Ihe llbligalions of Ihe Buyer in Ihis Contract. the Seller may pursue all olher relll.:dil'S availahle hy this COlllraclor by la\\' 10 Selkr 10 scL'k compliancc wilh such obligalions. including but nOllimill'd 10 specific performance. damagc". self help of the Seller 10 perform such \\,()rk and charge il back 10 Ihe Buyer or its succ.:ssors or assigns. including Ihe righl 10 elller such Property to enfore.: sud] sdf help. SECTION 20. :\"OTlCES. Alln()ticcs hereund.:r musl he in writing and shall he dccm.:d \'alidly given if sent hy certified mail. relul'll lÙ'l'ipl rl'lluc'sled or hy a nationally r':l'llgllized ()velllight courier. addressed as fl.lllows (or any olher address the pany 10 b.: Ilotified may IHlve designaled to Ih.: sl'lllkr by like notice): If 10 Sdl.:r: City of Roanllk.:. City Manager 3M Noel C. Taylor Municipal Building 215 Church Av.:nuc'. SW Roan()ke. Virginia 240 II Fax No. 540-853-1138 Wilh a Copy to: Direclor Planning. Building. and ¡":c()nomic Devclopmelll III franklill Plaza. Suile 200 Roanoke. VA 240 II fax No. 540-853-1213 Iflo Buy.:r: Madison Ficld. Inc. 221 LJ R Soulh Jefferson Street Roanoke. V ¡\ 24014 P.O. Box 12221 Roanoke. VA 24023 Attn: C. Alan Henry. Presidelll Wilh a Copy to: ~laryellen F. Go()dlatt.: Glenn Feldmann Darhy & Goodlalle 210 firsl Slreet SW. Suite 200 1'.0. Bl.lx 2887 Roanoke. V A 24001-1607 C:\DOCll\f1":".1\<':.\IS.\lI ()()()\I.11C:\LS-· J\Tl'mp\nl1(l'~FFFflq2\Br.lllll~kL,1n Lot C¡11111;¡d hll PlllCh;¡"l: ami S;dl' t-.btlbllll Hdd.~.lh· 13 Notin? shall hL' deL'mL'd delivered upon the date of 11l'rsllnal serviœ. two days after deposit in the United States mail. or the day after deli\'ery to a nationally recognized ll\'l'might courier. SECTION 21. TIME. Time is of the essenœ in the performance of the parties' rL'speetive ohligations in this Contract. SECTIO:\" 22. Sl:CCESSORS AND ASSIGNS. This Contract shall inure to the henefit of and he hinding upon Ihe parties hereto and their rcsp\,.'ctive ~lIcc('ssors and assigns. SECTION 23. COUNTERPART COPIES. This Contracl may be executed in one or morL' L·ounterparts. and all such counterparts so exeeuted shall constitute one Contract binding on all of the part ies hereto. notwithstanding that all of the parties are not signatllry tll the sallie counterpart. SECTION 2... CO:\STRl:CTION. ThL' parties acknowledge that eadl party and its eounscl have reviewed and revised this Contract and that the normal mle of construction to the effect Ihat any amhiguities arc to he resolved against the drafting party shall nOI he employed in Ihl' interprL'lation of this Contract or any amendments or exhibits hereto. SECTIO:\" 25. SEVERAUlLlTY A:\"O SlJRVIVAL. If anv term of this Contract is found to bc invalid. such invalidit\' shall not affcet Ihl' rl'mainin1! . . ~ ~ terms llf this Contract. which shalleontinuL' in full forœ and effect. The parlies intend for the provisions of this Contraet to he enforced to the fullesl ex lent permilled hy applicable law. Aceordingly. the parties agree that if any provisions are deemed not enforceable hy any l"llurt or ageney of competent jurisdiction. they shall he deemed modified 10 the extent nL'œssary 10 make Ihem enforceahle. All terms and eonditions of this Contract shall survive Closing. SECTION 26. COOPERA TIO:-'¡. Each party agrees tll l'ooperate with the other in a reasonahle manner to earry out the intent amI purpose of this Contraet. SECTlO:\" 27. AUTHORITY TO SH;N. The persons who have exeeuted this Contraet on hehalf of the parties represent and warrant they are duly authorized to execute this Contract on hehalf of their respeetive entity. SECTIO:\' 28. NONWAIVER. Each partv a1!rees Ihat an\' partv's waivL'r or failurL' to cnforce or reluire Ilerformancc of anv 01 ... 01 01 J term or condition of this Contract or any party's waiver of any particular breach of this Contract C.\DOCl.i~lE· lìC\lS\ll.()()()ìI.OC:\I.S· l\T~'rn[1\1h'I~'~-"¡";Hll)~\HI;lI11l!k["IlI.AII C"llll,ll'] Ji,/ I'llldlil"l' and Sak \bdi"llll FidJ ~.JlIl· 14 hy any other party extends 10 that instanCè only. Such waiver (>t. railure is nOI and shall not he a waiver or any or the terIll> or cOIlllitions or this Contract or a waiver or any other hreaches of the Contrael hy any party and does not bar thc nonderaulting party rrom requiring Ihe ddault ing party to comply with all the terms and eonditions of this Contract and dl)eS nOI bar the IH.lIlderaulting party from asserting any and all rights and/or remedies it has or might have against the ddaulting party under this Conlract or by law. SECTIO:\" 29. FAITH HASEn ORGANIZATIONS. Pursuant to Vir~inia Code Section 2.2.--1.143.1. he advised that the Citv does not discriminate against faith-based oreanizations. SECTIO:\" 30. ENTIRE CONTRACT. This Contract. together with the exhibits hereto. contains all representations and the entire understanding bel ween thl' parties hereto with respect to the subjecl matter here()!". Any priLlr correspondenCè. memoranda. or contracts are replacl'd in total hy this ConlraL"l and the exhihits here'lo. No amendmenl to lhis Contraet shall he valid unkss made in writing and signed hy the appropriate part ies. SIGNAn.:RE PAGE TO H)LLOW. C·\l)O(·l·~IE-I\(·~IS:\.II.!)(llJìl.oC.\I.S·-l\T~·l11p\rll'I~'~1:1"¡:hI12\Br:1I11hJl'lIl[\ l..Il[ C\'ll'r;~'llìlf" PUI\'h,hl' and SaIL- t\ladh\lll Fldd.2.dl)¡," 1- :> IN WITNESS WHEREOr. Buyer ami Se'lIer have executcd this Contract by thl'ir authorized rcprl'sentati \·es. ATTEST: UTY OF ROA:\OKE, VIRGIMA By__ Darlene L. Bureham. City Manager Aetin~ City ClerK COMMONWEALTH or VIRGINIA To-Wit: CITY or ROANOKE The foregoing instrument was aeknowkdged hefore me ¡his _day of .2006. hy Darlene L. Burcham. City Manager for the City of RoanOKe. for and on hehalf of said municipal eorporat ion. My conllllission expires: Notary I'uhlie SEAL WITNESS/ATTEST: :\1AIHSO:\ FIELD, INC. By C. Alan Henry. President Printed Name' and Title To-Wit: The f(lregoing instrument was acknowledged hefore me lhis _day of . 2006. by C. Alan Henry. President of lVladison held. Ine.. for and on hehalf (\f said eorporation. My commission expires: NOlary Public SEAL Approved as to Emil: Approved as 10 Exeeulion: AUlhorized By Ordinance No. Assistant Cily AllOl11ey Assistant City AllOl11ey C.\D()ClI\Ir:··I\C~IS:-'ll.(WI(l\L()CALS·-I\Tl·JllI'\llI'll':.r¡:r:(,1.l2\ßr,lIuhkl\·1I L'l C.'llll";1L'1 ¡"I'l" Purdl,l:'l' anJ S,dl" f\bdi.,Pll hdJ.2.JPl" 16 , " - .,.~. .--- LETTER OF TRANSMITTAL HILL STUDIO ::'.iCr." N5PC p'oJec: Num~" ';'·;:,~.";:l,¡.'t~.· "~J~t:'.;nc. ~.J:¡'¡¡'~-¡':':' ,H'l':';Uttr:.:r: .Ir(,~:;t'.r~n _ f'tt"n';JUo", "~.·rH ~. 20C.; 0652 ~(~t!rl:'IO.": uSa POlndexcer-P'j.!lIa J ~11 \"'c~l CJmpCtl! .h'I'I~:t" Ru..'llJ('Il-.t, \·j'~lnIJ 2".!t.1J ¡ S.,O. J.'1. ~2^J J.".;.j.j(oJ~ (loxl wo.-. \Ii" h.llbludlO (em ,~.;""";e C,ty i'Jolnmnq "nd E"Co"omc~ : ."r"n..I,,, ·~oad. 5Vlte 200 '!Q,¡"o"e. ;1 A 240' .'vr,¡""~:;,, "'el:] Oe"'e1opment p'ropo5.;i EnClosed Please FInd: COI')rp.~ O<lro - . I Numbor , I I Po<J Ooser/clion I 'can O~'''~:opme:~c C,>vt."r ;'.e=-~~r ¡.l1l3KlG I 4/1.'!.'C¡:; 2 p~~ I D.....,...... ·,....r,t.....J' . '~J-"- ....,. "'. ':lIlK: .; :'~.;I ~.c":"".~:(:"~.::J é1'·.lmt".:e=~.., .:....t:;<:..;e' =~~.,'.":<"'" I I r 4:/ ¡ ';.'0:; "".- r ¡:I..... ....~..". '"':"'. Ol'n . '... ".' - .~. . . ~ " .:.;: ~:'C."'oci ~~f} .~. ....:~ ~.~.:4'~;H ~-':¡I;a: :::....~;:':;:: .'-::,';. ~ :~:..~ .Jrp' ::'.Jn~:'!'Ilt::~d,J~ ~i':~'::I..-:::! .;;~~O,'.,: :J For approval f' For Review and Comment CI As Requested o For YOur Use Derive!'¡: :::J." ·.1~, .:ilWil"~.rrt'"~~":'!':.b..l: -.-..... ..... . .. ..,~-.....R...ll..... ..... ·1]·.,.... ::r...~. .....ro ~. r 0 . -, .---::<, :·'".1~" ,.....' ·.c" <=." :~. ..,oo. .. . ... . . '."·u." '.. ...._ .. '." .~.. . '_':'" ¡e.. 0' ~ u' .-e'..,e..... ~n.: ::-"'~C,. If ·¡OU ;,d·...~ jr." ·l··..~:·~,,·;· .'. ..or.;,?,,", p1"J~<:: .:ç" : ;'''~''J:e ::> COnt.lct Icon Dc"'",opme::t ..>,. -'. ô;c"'c. '.'Ie 100, ;"....,......; ,," ··"t·: ",' ."OO .':J;':' ·.,··,c"·.~ :~"', '''''.' ~"":::m,! "'"0Jee:, \,'IADlSON FIELD CONCEPT PLAN EXHIBIT J P.O. Bo~ 12211 Roanoke. VA :4023 S40·982·:;~:;2 e... 116 540.5:; 7·74 7 LeU S40-.ì45-(J78:S '''.\ Icon Development, LLC April I j. ~006 Ms.Li5ó1 l'oinde.Xler- PI;¡ill Roanoke Ciry Planning and El:onomics III Franklin Road. Suile 200 Roanok VA 24011 Dear :'vIs. Poindexler-Plain: IC(ln 1k,·<Jopmenl. I.LC rC$pec.fully submils Ihe folio..,"! propO.\aIIO Ihe cily for dt\ elo"",,,111 "f ~ parccl u( 1.,,0.1 !..no"n al Bromble:lon Ave:. and Overhlnd Rd. The dc:velopmeßl i.~ designed along seveml Guide/in... First. we ~re ~Ware of. Jnd 'espc"ful orlhe charncl" of 1M .urrounding neighborltood.and have Dllempled TO submil a plan Iho, "ill blenu i,"o. and inde..t enhance the localilY· This will be don. in ø n.n.ber of ways. Fim. we ¡mend TO pres.,,'. a "park-liLe" selling for Ihe comer by the addil;on ofsub'I"";'1 londs,ape lieDIU,"" Th;, ,,¡n be in .he form "foddilional lree.. shrubs. flower beds. and open spac<. "'hieh ..HI he I.mi«aped. In audition. "e lia"c taLen into ðCCOUßI both ¡he frOlll of Iii" devcl"pmenl. mO'lly' alollll Bramblelon Aye. bill .150 lhe rt'or. aloog Ih. adjaœnllO<:llle. Thi. "ill be dnne by h,l\'ing no (ronr f¡¡cing ga'a~c> or drh'eways .k11l3 ßramblelOß. The =r oflhe homes willl.",e driveways OL,d ;:'1"'~", !>UI will hove allracli,·c ricl", fencing. Ir=-scapingond o(~er 10"d5C.pillg. patio.. ;l/1d "ery anraclive rear f~ces .¡frhe slruelUICS. The over·on dTccl on .he nei¡¡hlxlrhOOIl will be posilive. StcQnd'~. ~hc srrucum:'s [hC!'n~~h,'C's will be rxrremeIYôIttrJCli\'l'. '-J.r1r;; .Jnd Cr:JIÍ\" l~,)t.. >lrlll:llJrC';. 'I,. H...·õ dw~lriny~ ,,,m lovJ.; ..'ik.: 'ram f~çiJdC'. bul wir) br ut"sirniLu ...¡i.e'. Thc~' will ~o11'pkrnl.:I1C Ihe 'oc;'.:JJ d"·c1lin¡;s. pessibl) wilh a Raleigh Coo," J¡¡yor. In ;¡ddilion. Ihi. del'clop"'CIlI will be designed according (01:11"," principl.. ordndop,nCIll luslain:Lbility. such as "guildiog wilh T~", Ener¡¡y Slar. and (."hCr.1I design ólI1d building specific:'li"n5 .mll fcehni'I''''', 1)'"'.0 ho,"e. w¡n oil be Iiillh Perronnaoce ~loll"s. so as to limi, enelßY ond r."'"rce lIliliz:uion The imended nallle for ,h" .Je'·elr.>pmenl will be Modison Fidd. Sincerel)'. Vcronie:t V:1I1 Del'cllIa \·1.1 nagc rir-,·ICII1r.¡:r .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. MADISON FIELD CONCEPT PLAN EXHIBIT I MADISON FIELD DESIGN NARRA rIVE SITE PL.-\ N The SC\'cn homes :Irc <:acÏ1 'oe~rcd on ïOOO sf or grertler 101s. and :Ire localed up-slope >1\\';.1\' from ßramblclolI .\\",'1\11<': in order 10 provide dis':II1(,(, from Ihe ..\venue as well as "f,n,:u Ihe exisling pTllponi()ar hillne-to-m;¡d dislólnlT "II Ihe "Iher side of Ihe "\Hflue. The rear of l'.It'h h"llIe is Irt'ac<:d wjlh .IS Illllch 'ensilÌ\'il}' ¡IS Ihe home's fwm in 11m e:lch home is racing:' neighhorhood Strccl, Thus Ihe design incorponues Slreel Irces, and sidewalks .I,,'l1g \'arlin Lane, wilh addil¡ol\al clll\Cnilics such as pickel fellù's, elln}" arbors. mailboxes. emrr lamps, ,lJ1d Slreel numbers. The projecl creates both a formal front 10 ':rtr!l home facing Bramblelon ,\\"(:nue ;IS well as a rellr Ihat addres,,', a pcdeslrian scale neighborhood SlreCI. The rear of c:lch hOllle h;ls .JLuduLlr ¡errace span which;. Screened from Marrin LH1e hy pickcl fences. ,md c\"rrgrccn praOlings, The rc:lr -no<>k" of each home, and the usc of c\'crgrr':n pl:ullings betwcen 10ls also reinforces I/W c:rcJlion of Ihis more privale space as II faces Ihe LIJ1C The sidewalk along M;lrlin Lane c\'cmunll}' ties ¡nlO che e.xlsting sidewalk along ù\·cr!:lnd. .-\Iso;l new sldewnlk lhcn winds along Bramblclon crcaling:l loop 3TOllnellhc cllIire properr)', rhe "cgel:ltion in tla' ¡Jr\'f)c'r1~' is d..~igned 1<1 rrinf'".",· pl:IÙ"Il1:lking:l1 .his otherwise bus,' inlerscl:lion. Till' lW,. enels ,,[ Ihe ptopcn}' ;lrc Ircucd \l'lIh :¡flccs of small n'H~'cring Irecs thai ;mclhlr ¡he ends oJf lhe propen)' ;lIld ;l1so pto\'ide screening of "ehiculnr traUk, ¡wac/lights. noise, ;llId abuve ground ulililies, lower evergreen hedges herc a/so reinforce dll:~e buffas. The design is mC:l1ll 10 preserve as man}' c:o.:lsllng [rees as lossibk. pa~'illg 'IR'l'ial :J(lelllinn 10 Ill<' IIlder oak lrees on Ihe pl"PCIlY, A sh:Jred unn: is inc"q','r:lInl in Ihrec of Ila' we,lcrn '''I.s in order co 1I1(!i~.\I"· an>' d:unag",- IlJ.L I.trgl." ll'¡lJ.\ tn:t.'. rhus nul 4,,':'\(4:r~c1ing Iht:S dri,'c (JUlIO .he IJ10S1 "'\"Öh'rlJ 1m, This IVeslcrn lot \\'ill hL' lbe: onl)' ¡." wilh access off of Overland. New ''>:lk Irees :Ire proposed 10 ClllllllllI,' I fa' SItC.:t lrcc rhyrhm or Ihe lhrce large exisling <laks .llong ßr;lmblclon, Gmups of sll1:1l1er Slrcel Irces illong MaTlin Lane help relllforce :I sm:J1ler neighhorhoc>'¡ f.·", fl<: C:lSlcrn mOSt 101 will he .h-.'cJ.'I',:d as'1 "harcd c'''mlllllnil)' green, Because lhis is '>Ill' (If Ihe I!)WeSI !,,,illls. il will rcl...i.... '''Ill'' "llhl' "lnrmWalcr runoff from thc propellY· II is cl1\"isioncd lh," Ih" .on·.' "ould hc IIs...i ;IS a rain gardcn. J Low Impacl Dl'\'e1opmelll technique used 10 ,.bsorb rainw:llcr inlO the ground radler Ihan using engil1~t~rcd storm Slrunurcs 10 GHn' 10 Sform sewer. Orl1..r ,Iml'nilics include ;nl',>rpOl';III1I~ ~:Irlhcn bterns aiLIng Bt:1mblclfJn 10 reinforce "15\1:11 ;lI1d noiSI: burkrin~ ;IS \\<:11 .1' 1""\'lde "':XlurC" I" II,.· prll1n1r. An c:(isling ¡¡¡;III;;lllar isl:md "I \\"'Ie'1I /l",,, a".! 1;,.,lIlIhl"".n will he plallled wilh grnllndco\'rrs ;me! pfrennials and ;1 n,'\I' lstlml is flwfloscd :u Ihe sllJr~d (hin elllf)' off Marlin lane .1I1d is lre;lled willi simil:II' "LlIll 1Il.lIeTlal,. MADISON FIELD CONCEPT PLAN EXHIBIT 1 ..\RCHITECTlJRE $e"en home:¡ will be de"e1oped on the sile ranging in si¡:c from ll00sf 10 2600;f in two slor}' and one-and-one·hlllf 5 lOry eonfigur;lIions. Slyles will Ix simple region,,1 w:rnaCU'lr. drawing their cues from Ihe city's eOll:lgeJbungalow and projected 'cll' sl;'les. All homes will be clapboard sided using lhe 'liardie Plank' system. The nODI' plans (or all houses will offer one story living wilh Mastcr Bedroom Suites IOCóllcd on Ihe fim 0001' and IWO 10 Ihree addillonal bedrooms on ¡he upper /1001'. The fìrsl and last house in ¡he development will (c;Jlure a squllre lurrel with ;1 .hird floor baleon)'. Each home will provide a cwo cm garage projecling from Ihe rem' of Ihe f10use IowaI'd the street. The gar:lge projections will cre:lle an alcove :II one side (or cleve/opmcnl as rear oUldaor terrace sp3ce. The fifS[ 11001' helghlS will range from 9'10 10' wilh Ihe second nODI' heights al 'I'. Large full heigh I windows will he prcdomill3nl cHI the facades. Roofing will be architectural asphalt shingles. The projecI's hOllse colllrs will provide a rich pa!elle of period-approprÜue exterior col"ro; crearing ''isllal excilemCnI from all pomlS of view. The fronlS of lhe houses will face Bramblelon Avenue. The house, will set deep on Ihe lots wilh C':loch 101 sloping down 10 BramblelOn ,\venue. Each house will pro"ide ;1 frolU porch set high abo,'C ;¡djacenr grade \vith a minimum u( (¡\·c SICpS {rom Ihe porch 10 grade. Senral uf Ihc houscs' rear building c1c\'¡!i,'/lS will also pro"ide re:lr porches. The de\'t'Jopmem \\'ill ere:llC interesting re:lr huddlng ~h:\'a!i.)[1s. f1'cogni:íng Ihallhe rC:lr of e'lCh home will be viewed from J (rue cil~' Slreelseape: :1 Iree lin",.! Slre!:l :lIld sidewalk. MADISON FIELD CONCEPT PlAN EXHIBIT 1 ~ _r? §I~ ~¡8-: Ol en ÕlO "3¡~ ~,~ - ,...LJ - , j~.. I~ I~ '. <- - ~ -: ...... -. =- r- ,~ 1- .,.. -' _I", _. I"'" -, -,m ~I'Õ r:: <:: 9: ~ 91..... _. ~,o rì¡;::¡ \ EPi'-~lAN .,,-l.,., ..J ---~~. · , ñ"r? o ,;,:::;.. :::j~ 010.. ~ It 00· 00 -g =:s -'I g ÞOrj ....... _. (tl --- 0.. to :'""": ~ 3 cr- - () ...... o ~ ;l> <:: () ~ :;: .~ - ('T1 (I) _ C () c.. <: õ' ~ '. ...... _. '1:l·o ~~ISfsON FJELD EXHIB " I! ¡mlJ ñ ~ ~ ~ -- . , :.." II c ~ ; ¡ I I ~ ~~ . ",.- n ~ ~ q~; r µ! p'- c:> ~ ; 11 Ii 0 o .'" q :~ ;=~ .. , J .. .. '" - " " .., ~"" ~ ~ ~" .. ... ... z Ò Oft ~ I z ~ \j ~ I n .. .. ~ Oft ~~ .. ~ o~ z ~ ~ .. I ~ :: >>:: ;;Cl ' :' / /MADISON FIELD CONCEPT PLAN '/ '/ EXHIBIT I / ........ \ ' \ ,: . ,,/" .'i.! ,: ~ ä.æ;;; ~ _ ...- , \ æ :' ~ lL ¡:y-- " J~g ..... " " .. '" ,'--" III \ e .. " ~ , ~ , r¡fJ ....(ýo ....'!l 1360'\05 .Þ ~ ~ ,. IØ o Pf ... tr) C") .. ",('\,\01 ,?IV" R-12 \ ; ~ a> .... (,,0) S .... .... (II lJRn_ -.p¡O 1 1J80 ~, ~# ~ N Â I Madison Field I 13/¡J010r / I'~ tV - U) fi l") ... INPUD EXHIBIT 2 l ,,~þ.. ",,:>ro~ f360~05 .> '& .> v' .> 19 o ~ T- It) CV) T- ,\?/òO,\01 R-12 \~'öO\7.-~ .> c.¿ o ..> .> O'l ~ "" Cl"l o ~ ~ Ul 7.]a, 0.]07 N A 13 Exhibit 2' T 80101 and M : 0 contract be adlson Field I tween City of R , nc. oanoke f77l l.L..LJ Property 10 b C e onveyed o~ ~'ò C\I T- It) [5 CV) T- INPUD ':'he: Roano}:e Tii':"'.cs Roan()ke, Virginia Affldavi.t of Publicat.ion The ROQnoke Ti~es .. - - - - - - - - - - - -. - - .- - - -- - + - - - - - - - - - - - - - - - - - HARY F. PARKER CITY OF ROANOKE CLERKrs OFFICE 215 CHURCH AV3 SW RM 456 ~OEL C. TAYLOR HUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE, 32113302 9906.517 NOTICEOFPUBLICHEA~IN I NOnCE OF I PUBLIC HEARING IT - , hI' City (II RonnokCl I' propo~t's 10 con~ev <I Cerl¡lin Cil~ owned Pilfcel of land silualed in thf! City of iRo,lnoke iYlngsouthp.,lst of I~ n d bo u nd P. d by I he- lintNsection of Ove-rland I RO<ld. SW. and Brilmbrcton AvenlJe.SW:lloundedonlhe south byM<lrlin Road. SW. and two priv<ltt'ly owned parcels Cft!signiller1 as TtlA jM¡¡p Nos. 1360509 andl .1360501, such properly is a ~porllOn of T aA Mil p '-./0. I :1360301 contarninA' l<lppro~im<lleIY 1.4 acres of I- f¡¡r.d,rnort!or1t!ss.toan enlilY:lilmed Madison Field. 'Inc..fordevp.l(lpmC'n!ofthe· ·propertyforreSidenli<lfuses., .p (J r sua n I 10 I he' fP. q u; re me- n ts ofl 1§§15.2-1800(Bì and 1813. .Code of Virginlil11950j. <l~ ãmcndp.d. nOlice:shereby' glvl:'n Ihm the City Council Ofl .tllp. Ci!yof Ro,lnok.C'will hold .c1 Ilublic htiaring on Ihe, <lbovp.rrnlllerillilsmee:ingl 10 be held on Thursday. Oclober 19. 20U6. commencing at 7:00 p.m. local timc-. or:lS soon thereafteraslhcmatlp.rmilY be hC'ard. in tho Council Clmmbers. 41h floor, Noel C. ,T¡lylor 'v1uniCIJ<lJ BUildinA. 215 Church AVt!:lue. S.W... Roanokp.. Virginia 24011., Furlhc-r information is aVailable from lhe Office of! the CUy Cf~ri<. for lhe Cjt~· uf I RO<lnoke at (540¡ 853 2541. . Crlizens shalf have Ihe .opp(~rlun it~ 10 be heard <lnd e\preSSlhCirOPlnionsonl suçh mattt!ron IhetlboVCl ;d~le. . )f you art! ¡¡ person with <II rlis<lbllity or who needs accoJ11Olodtltions for this hc.:lrlng. ple<lse cont~cl the CilY Clerk's Office al !540; 853-2541. before 12:00 noon on Monday. October '16,2006.. I GiVE..... under my hand this 6th dJy uf O'tQoor. 2006. I ;Ste¡¡h<lnie ,\'loon. Acting City 'Clerk. . , I State af Virginia City of Roanoke I, (the undersigned) an aut.horized represent.at.ive of t.he Times-World Corporation, which corporation is publisher of ~he Roanoke Times, a daily newspaper pub:ished in Roanoke, in the State of Virginia, do certify that the annexed not.ice was published in said newspapers on the following dat.es: City/Cou~ty of Roanoke, Commonwealth/St.ate 0: Vi.r.92ni.a. SWOl-n and subscribed befol.'e me this _....!J.~àay of October 2006 ~·Jit.ness my hand and official seal. ~-m otarv Public ~ili3LLº-~____ . " PUBL:SH3D ON, 10/11 ,- ;: TOTAL COST: FII.ED ON, 216.82 10/12/06 I~~~_. -+---------------- ~:~::;;~:; -~~~----- l-:' -< _:h B':'lllI~9 Services ~-:' ,-- ~, Reprcsiftltati ve . ':S:' en 1=1 C) -4 1-''':'' 0"' :D "" 1-....;.. I-''':~ r\J cr, ".{¡ , p' . '-. l'iOTICE OF PI.:BLlC HEARING " ,.. -:) -¡._;~-I~' ...... - " The City of Roanoke proposes to eonvey a cerlain Cily ownl'd parcel of land situated in the City of Roanoke lying southeast of and houndcd by the intersection of Overland Road. S\\'. and Brambleton Avenue. SW: bounded on the sOUlh by Martin Road. SW. and Iwo pri\'atl'ly o\Vned pareels designated as Tax Map ~os. 1360509 and 1360501. such property is a portion of Tax ~'lap No. 1360301 containing approximately 1.4 anes of land. more or less. to an entity named l'vladison Field. Inc.. for lle\'e1opment of the propcrty for residelltia1uses. Pursuant to thc rCljuircmcnts of**15.2-l800(R) and 1813. Codc of Virginia (1950), as amended. notiee is hereby givcn that the City Couneil of the City of Roanoke will hold a puhlie hearing on the above matter at its meeting to be held on Thursday. Ol'lober 19. 2006. conlllleneing at 7:00 p.m. local time, or as soon thereafter as the matter may be heard. in the Couneil Chambers, 41h floor.l\oel C. Taylor l\1unicipall3uilding. 215 Church Avenue, S.W., ROaJ1l'ke, Virginia 24011. Furtller inlamlation is availablc from thc Oftìce of the City Clerk tar thc City of Roanoke at (540) 853-2541. Citizens shall have Ihc opportunity to bc heard and express their opinions on such mailer on the above date. Jfyou are a person with a disahility or who needs accommodations for this hearing, please COllla.:t thc City Clerk's OtÌÌœ at (540) 853-2541. before 12:00 noon on I\l0nday. October 16,2006. G1VE:-.J under my hand this 6th day of Oetober ,1006. Stephanie Moon. Acting City Clerk. " ':')"I"I(i. I'l11:...:(" ¡IEAiU:-'1 i .\1.\[)[SC¡t\ FI!'I.D noc Notice 10 Publisher: Puhlish in the Roanoke Timcs once on Monday. Octoher 9, 2006. Scnd bill and affiùavilto: Stephanie \1. ¡Vloon, CMC Acting City Clerk 2]5 Church Avenue. S. W. Room -1-56, Noe] C. Taylor \1unicipal Building Roanoke. Virginia 2-1-011 (5-1-0) 853-2541 CITY OF ROANOKE OFFICE Of THE CITY CLERK .:!15 Church Avenue. S. \Y., 1~{l¡)1ll-l)(Í l{o::mokt'. Virginia 2-HlI1-1536 Td:pI1lll11.': (5·l( ~:'i:l-25·11 rax: 1)·10) K"í:~-I ]·15 E-lIlail: clerk{ª'ro~U1l1k~\"a.g(l\" SIl~II.A t>. HARn1.~t> AS.;;i,;;13Ilt City Clerk STl-:PHAl':IE fl..!. :\·fOON. C\:1C Atling Cit)' Ckrk October 23, 2006 File #67 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37600-101906 authorizing the City Manager to execute a Declaration of Restrictive Covenants and any documentation required by the Virginia Department of Environmental Quality (VDEQ) and to take such further action as may be needed to obtain the VDEQ or other government agency approval for a stream mitigation project, in connection with a portion of certain City owned property J<nown as Thrasher Park, which portion contains approximately 3.29 acres and is a part of Official Tax Map No. 3330402. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 19, 2006, and is in full force and effect upon its passage. Sincerely, ~j.; t"Y). rì--)þ).v' Stephanie M. Moon, CMC Acting City Clerk pc: Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations Philip C. Schirmer, PE, LS, City Engineer Luke E. Pugh, PE, Civil Engineer II p;1. I~ THE COU¡"¡CIL OF THE CITY OF ROAt'\JOKE, VfRGl"'lA The 19th day of October, 2006. No. 37600-101906. AN ORDTl\ ANCE authorizing the City Manager to execute a Deelaration of Restrictive Covenants and any documentation required by the Virginia Department of EnvirOlnl1ental Quality (VDEQ) and to take such lì¡rther action as may be needed to obtain the VDEQ or other govemmcnt agency approval for a strcam mitigation projed in cOlillection with a portion of certain City owned property known as Thrasher Park, which portion contains approximately 3.29 acres, and is a part o[Official Tax Map No. 3330402; and dispensing with the second reading by title of this ordinance. BE IT ORDAL'\JED by the Council of the City of Roanoke as follows: I. The City Manager and the City Clerk arc hereby authorized to exeeulC and to attest, rcspectively, a Declaration of Restrictive Covenants, substantially similar to the one attached to the City \1anager's letter to Council dated October 19, 2006, and any related and necessary documents, in a form approved by the City Attorney, affecting a portion of certain City owned property known as Thrasher Park, which portion contains approximately 3.29 acres, and is a paJ1 of Official Tax Map No. 330402, upon certain temls ¡md conditions as may be required by the VDEQ or other govemment agency and as set torth in the above- mcntioned letter of the City Manager. 2. The City :vIanager is authorized to take such fUl1her action, to inelude the recording of documents, and execute such other documents as may be necessary to obtain the VDEQ or other govemment agency approval for the City's successful completion ofthe Thrasher Park mitigation project referred to in the above-mentioned letter orthe City Manager. K. ·MEASUH.E3\OlUX"A;>.;C'ES\Thrasht:r Park. doc 3. Pursuant to the provisions ofScction 12 ofthc City Chartcr, thc second reading o[this ordinance by title is hereby dispcnscd with. ATTEST: .~; f í \: trt~R/lYì\~ Acting City Clerk. 1< :\~ ~ASllrŒ3'OHDI!\'A:\'CESq·hr:lsbcr Park-doc /~~:,~)':'i.'~~> (:p~) ~:~~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER No('] C. Ta:,lof ~\'luni('ipc11 Building 2"15 Church Avellue, S.\V., Rl)llm 36-+ Rl)¡lI",k~. Virgini" 2~OU-15Yl 1\'h'plh\IW: \:;-1,(1) :-i5.'-:n.H r.1\" i:;-lI1) t\:;3 Il.to..; (it.," \....<'11; lnn\·.nl,Hlll"l'\·.l.~:I'\· October J 9, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, 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: Placement of Restrictive Covenants as part of the Thrasher Park Mitigation Project Background: Construction has begun on Southern Hills Drive. Since the Southern Hills Drive project impacted a perennial stream, the City was required by the U.S. Army Corps of Engineers (USACE) and the Virginia Department of Environmental Quality (VDEQ) to design and construct a stream mitigation project. Such mitigation project is located in Thrasher Park and requires the placement of Restrictive Covenants on part of Thrasher Park. The part of Thrasher Park that will be subject to the Restrictive Covenants consists of approximately 3.29 acres of the total 2 J .865 acres of the Park and is the area that runs from the parking lot adjacent to Gus Nicks Boulevard to the south most property line and is approximately J 50 feet wide. This area, which is designated for the application of the Restrictive Covenants, is centered approximately on the stream that is to be restored and does not include the tennis court, baseball field, or any other constructed park use areas. Such mitigation project provides for the restoration of the above described area of Thrasher Park to its native condition by realigning the location of the current stream, which is, an unnamed tributary to Glade Creek,. that runs through this area into' a : mOrE! native condition and by adding native plantings in such area, and that súch area will be maintained in its restored native condition, subject to certain conditions. The Honorable Mayor and Members of Council October 19, 2006 Page 2 Considerations: The Restrictive Covenants for Thrasher Park will limit the use of approximately 3.29 acres of land, in perpetuity, to its natural riparian state. The Declaration of Restrictive Covenants will be substantially similar to the Draft Declaration attached to this letter as Attachment A, which Declaration is to be approved as to form by the City Attorney. The Restrictive Covenants will not limit the use of the remaining park areas which include tennis courts, a baseball field, and other constructed park use areas. Funding is available in account number 08-530-9835, Southern Hills Project. Recommended Action: Authorize the City Manager to execute and record, and the City Clerk to attest, respectively, on behalf of the City of Roanoke, a Declaration of Restrictive Covenants substantially similar to the one attached to this letter, and any documentation required by the VDEQ and to take further action and execute such other documents as may be necessary for VDEQ or other government agency approval of the mitigation project, with such documents to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB/LEP/dps c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grisby, Assistant City Manager for Operations Philip C. Schirmer, PE, LS, City Engineer Luke E. Pugh, PE, Civil Engineer II CM06-00J 88 J)RAFT Sf.t/06 GRAJliTOR: City or Roanoke. Vil"~inia GRAJliTEE: Cily- of Roanoke. Vir~inÍl' Tax :\lal :\0.: 3330402 DECLARATION OF RESTRICTIVE COVENAt\TS THIS DECLARATION OF RESTRICTIVE COVENANTS. is mad~ this .2006. by th~ City of Roanoke. Virginia. Own~r. (Grantor), _._day of WHEREAS. th~ City of Roanoke is th~ own~r of th~ Prop~ny conveyed III il by d~~d from Ruby D. Johnson and William T. Johnson. her hushand. Elizab~lh I.. Bonsack and S.E. B"nsaek. Jr.. h~r husband. Fay \1. N~ak. widow. and Ros,' J. Roulh. unmarried. heirs-aI-law and d~vis~es of Taz~wdl Morgan. deœased. dal~d February·t I <))3. and duly r~corded in Ihe Clerk's Ollic~ of th~ Circuit COUll for th~ City llf Roalwke (Hustings Court) in D~~d Book 897. al page " . J. WHEREAS. the City of Roanok~ desires 10 impose on Ihe Property r~strieliv~ cov~nants expressing Ihe Ç'j.\ï.!!f Rllal1llk~'s int~1ll10 preserve approximalely 3.29 aeres. more or kss. of th~ Properly as shown lll] Exhibit A, which is aliaehed herelo and made a pan hereof. and is shown as Stream and Riparian Zone Subie~t 10 Restri~tive Covenanls in Exhibil A. in perpelllity in its nalllral slale as c!clailed bdow (th~ "Prop~rty"). These reslriclive CllVenams are imposed by Owner fredy and vlllunlarily. in ord~r to assur~ that th~ aquati~ impacts pursuant to VWP Penni¡ Numh~r WP-l-O)-23RR issu~d tf> City of Roanok~ on Fell)"U:m:..l. JJJP6. shall be minimal. NOW. THEREFORE. THIS DECLARATIO:\ WITNESSETH: th~ City of Roanok~ Jut's herl'ny lkclarc. COVL'nant. and agrcl'. for ¡belf and its SllC('C'~:-.ors and assigns. that the Prop~ny shown as Slr~am and Riparian Zon~ Subi~~llo Reslricliw Covenants in Exhibil A shall b~ b~r,'aft~r hdd. Icas~d. transf~rr~d. and sold SUl>j~~IIO Ihe following condilions and lðtriclions which shall run with th~ land and b~ hinding on all palli~s and p~rsnns claiming und~r th~m. CO.-elUlI1ts and Restriclions. The Prop<-'rty shown 1IS Str,'am and Riparian Zon~ Suhi~~t to R~strieti\'l' Cov~nallls in Exhihit A alia~h~d h~r~lo shall b~ pr~s~r\'l'd in p~rp~tuity in ils cUIT~nt nalural slal~ by prohihiting the followill!! activities: I. Destru~tion or alleration of the pres~rvation ar~a shown on Exhibit A other than Ihose' aller1llions authoriz~d hy th~ :\orfolk Dislriet. U.S. Army Corps of Engin~crs (l.ISACE) ancUor Ihe Virginia D~parlm~nt of Environm~ntal Qualily LDEQ) under Ihe above VWP P~rmil Numb~r WP4-0)-23RR: o Conslruction. maim~nance or plae~m~nt of any Slruclures or fills including but limited to buildings. lIlohik homes. fc'lll'èS. sign~ 0111(,f than thost' which clIITc'lltly not exist. c:\ccpt for èmèrgt.'ne)'. health. and/or safèly rt'ason~ and as fllrth~r noteù herein" (F.XC/~PTI()N: H{)u'('\'l'r, hoardu"{llks. Il'ildl(!i' 1l1l111agel11t'nI slrw"¡u/"('s, {Ihs£'r\"lllhm d('("ks. i,~f"orl11alir£' sign." lInd Ul/plIl'l'dfoOllra¡ls mllY hc plll('£'d H'ilhilllh(' !'f"('Sl'/TlIlioll al"ell pl"odded Ih£ll £lI/Y stich slllU'lU/"(' fJ('1"lllitS II1l' I/alurul mm'(,IIll'l/f {~r H"Cl/{'J" alld !'r('SOTt'.\" Iht' JllIlUI"a! ("ol/Iollr (~r Ihe ground £1/1(/ slll~i£'('[ to !"-¡Ol" U'f"¡[[Cll £lppnH'£l1 hy Ih£' USrlC/, I./lIdll./r /JLQi.which approval shall not h~ unr~asonahly withhold: 3. Ditehing. ùraining. diking:. damming. rilling. cxcavating:. grading. plnwing. llolujing/pondillg. mining. drilling. placin!! or trash and yard dèÞris or rem~)ving/adding topsoil. sand. or oth~r matèrials. c.'xlo'ept for clllcrgcncy. health and/or sai"L'ly rcason~" Such things may also be allowed as may hc nccessary on a casè-by-cast' hasis with prior wrill~n approval hy L:SACE and/or Dr'Q. which approval shall not h~ unr~as()nahly withheld: 4. AlIthori/in~ livcstock to grazt'. inhabit or otherwisc enll~r till' prcs~rvalion art:'a; and 5. Cultivating. harvesting. cutting. logging. planting. and pruninµ of trccs and planls. or using kniliz,'rs and spraying with hiol'idl's. "x~~pt for ~Ill~rg~n~y. h~ailh and/or ~afcty reasons" Such things may also be allowcd a~ may he nccc~!\ary on a caSè- hy-~as~ basis with prior wrill~n approval hy USACE and/or DEQ. which approval shall not h~ unrcasonably wilhh~ld. ¡\ mcndmcnt The l'Ownants l'Onlain~d hcrl'in shall nol h~r~aft~r h~ alt~rl'd in any röpcl't withoul the exprt:'ss Wrilll'll approval and conscnt of till..' 0\\'I1Cr or its successor in interest and the t:SACE and DEQ. whi~h approval by l!SACE and/or DEQ shall nol h,' unrl'asonahly withhdd. Th~ O\\'n~r or its sllccessor Illay apply In th~ USACE and DEQ for vacation or modification of this declaration: howe\,(:r. after r(:cording. these restrictive l'OwnanlS may only b~ alll~nd~d or val'at~d hy a rCl'Orlkd documl'nl signed hy the USACE and DEQ and th~ Own~r or its ,u~œssor in intl'rcs!. Compliancc Inspections and Enforcemcnt Th~ USACE. DEQ. and ils authoriz~d ag~nts shall haw th~ right to ~nl~r and go upon tlw Prop~ny to insp~~t th~ Prop~ny and tak~ actions n~~~ssary to v~rify cl1ll1pliancl' with lhö~ r~stricliw l'Ownanl'. Th~ rötrictiw l'Ownanls hl'f'~in shall be cnfol'l'l'abk by any pro~~~ding at law or in l'4uity or adminislratiw proc~~ding by th~ L:SACE or DEQ. FailurL' by any agenc)' (or Owner) to t:'nforcè any covt:'nant or restriction contained hcrein shall in no ~\'Cnl b~ dl"'m~d a wai""r of lIw right to do so th~r~aft~r. Separability PrO\'ision The pro\'i,ions h~reof shall he de~med individual and sl'\'Crab'" and th~ invalidity or partial invalidity or un~nforl'~ability of any on~ provision or any portion th~r~of shall not arfeL't lhe \'aliLlil)' or ellfon.....l·ahility of any other provision th~rl'of. Given under my hand and st.:al al Roanokl'. Virginia. 011 thL' __ day or 2006. City of Roanoke'. Virginia By: Oarkne L. Burcham City 1\1anager CommLlnweallh of Virginia City of RLlanLlke City Thl.:' foregoing inslrulllelll wa~ acknowledged ncforl' Illl: this _ day of. Darlene L. Burch,,,] 'lS Cily \'lanager for the City of Roanoke. Virginia. SEAL \1y commission l'xpirL'~: NOlary Puhlic . 2006. hy Exhih;t A To Declaration of Restrictive Covenllnts dllted .2006. b)' Cit~· of ROllnoke. Vir~inia Plat of preserwd area. If Pial is oversized and will he recorded separatdy. E.xhibil ¡\ should enmain a deseriptillll thaI includes the rderence III Ihe Pial Bonk and Page number where the plat is rccordl:d. The RoaIloke TilllCS Roanoke, Virginia Affidavit of ?ublica=ion The Roano~c Times MARY F. PP..!(KE~ CITY O~' ROhNOKE CLERKrS OFFICE 215 CHURCH AVE SW RM ~56 NOE~ C. TAYLOR MUNICIPAL BLDG. RO^NOK~ VA 2~011 ~EFERENCE: 32143302 9908853 NOTICEOFPUBLICHEARI~ State of Vlrgin~a eit:,.- of ?oa:1okF.: I, (the undel-signed) an authorized :l:.-epresen'Cative of the Times-World Corporation, which corpol-ati.on is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virgicia, do certify that the annexed ~otice was published in Raid newspapers on the following dates: City/County of Roanoke, Commonwealth/State of ~Vi~' I la. Sworn and subscribed before me this 13 --f __àay of October 2006 vJitness my hand and ~ of cial seal /..1 --~/;I.Mb-,-¿-±- M::'lcomm~S'Jion Notarv Publi::: -3f+1L0:?__ . PUBLIShED ON: 10/11 TOTAL COST, FILI::U ON, 316.44 10/12/06 -----. I'· - ....- nativr,conditio·n.subjcct!o ccrtaincondillons. A copy of m.:lps and olher documemsdcscflbinglht! Restrictivt:Õ Covt!n.:ltns menlioncd'abov(' m<lybe reviewed bythepu~lic in It>£" I Office of th.t! eit)' En~inecr: IRoom 350,".'oel C. Ta~lor; IMuniciP<lI'B¡¡iJding.2151 ,C~urch Avenue. S. W.. Roanoke, Virginia 24011 I 'All p.:lrtlllS ;:¡nd Interested 'citlzens n1av<lPPC,:Hon the! .abo'ie datf' anti l5e heard on IhE'se m':iHers. If ~ou ar~ a :person wh 0 needs accommodations for this hC.1rmg. please cont.:Jct the ,Cit}' Clerk s Olfice oJt I ,(540)853·2541 be-lore 12:00 noon.on 'v1ond;¡v 'October 16,2006. .' . IGIVEN.under my hand this ,6thdayof October 2006. ¡Stephanie M. Moon. CMC I· jAcllng.Cit~ Cle-rk I (9908.853i , . --=1 , I' NOTICE OF PUBLIC HEARING -..-------+------------------ Authol-i:-:cd Signatu~e: ____{Æ;J~ . Billing ., 'oUce is hert!by give-n thall the- Council of the cnv of RO¡inoke will hold i'I lU'hllc : he<lring on l!le mmters <;et , . lorlh bdoWQt its meelinAlo¡ 'be h!'ld on Thur!óidüy. Oc.tober. ; 19. 2006. commencing at i7:00 p.m.. loc<ll lime. or as. "soonthere(llterasthe ; maU('rsmay be heard,inthe 'Council Ch'lmbers. 4th Floor. Noel C. Tavlor "1unicipal BuildinA. 215 Church Avenu('. S. W., Roanoke, Virginia. Fu'lher information Is í3v3ilablt' in the Offiet' of the C i t y C II'! r k . · (540ì853-2541. This public. !hc.:lringis being held [pursU<lnlto the provisions of ; ~~t5.2·1ROO{B) <Ind 1813.1 I Coqe of virginia (1950). üs, amended. and will addre-ss the m¿!tterss!lt forth below: · The City ot Roanoke' 'proposesto place certain ,Restrictive Covcn.lnts on a [part oiCity owned propertyl hnown as Thrasher Park. TaxI Müp No. 3330402. The pari' of Thnlsher P<lrkth::tt wlllllel 'subject to the Restrlctivej :CoVen¡lnts consists of' lapproXimatt'IY 3.29 acrt!s or¡ land and IS the õ:lrea thüt .runsfrom the parkin:: lot: ladJûcent to Gus Nick<;' . Boulev.:lrd to the southmostl properly line <lnd is '.:lpproximately 150 feell wide. Thi<; üre.l. which ¡SI designated for Ih(' 'üpplication of the Restrictive ,Coven'lnts. is cl.'ntered appro~imütely on the stream that is to be restored ùnd does not include th(' tennis· courl. bûseb<llltield. or <lnvl other constructed park use mcas. The Rt!strictlve Covenanls: relatetoü mitigation plan <lpproved by th(' Virgini~' 10 e par t men t 0 fl I Enviror.mental Quality. Sue-h Imiti~alion plan providesflJr' 1 the reslor.:llion of the õ:lbo~t'. 'area of Thrasher Park to its 'native condition by :reall¡:ningthe localionof tne icurr(!ntstream, which isan unnamed trlbutrlry to GI.ut.-. Creek. th<lt runsthro;..I~h this · ¡HIl,1 into .:l more nati~e 'conditionandbyaddillg· n.:ltiveplantin!,lsinsUth Brea.andth<ltsuch¡¡reolWill be m.3intainedin ,tsrestored. Services Representative -< -< ':-~ ,.- ~ '~':~', ITI CI (-.. ·:.....:1 ~.-.~. en ~ ,~. ..... r"Ù l:r'[ yf, !\OTlCE OF PUBLIC I'IEARII\G "Joticc is Ilcrcby gi\'cn that thc Council of thc City of Roanoke will hold a public hearing on the matters set ¡,mh bclow at its meeting to bc hl'ld on Thursday. Octobcr 19. ~(¡(¡6, conll11cncing at 7:00 p.m.. local time. or as sonn thcrealkr as thc matters may bc heard. in thc Council Chambers. 4th Floor, 1\oel C. Taylor Municipal Huilding, ~ 15 Church A venue. S. W., Roanokc. Virginia. Furthcr infnrmation is a\'ailable in the Ollicc of the City Clerk, (540)853-2541. This puhlic hcaring is heing hl'ld pursuant to thc' provisions or ~~ 15.~- 1800(B) and ¡ 813. Code of Virginia (1951)), as amended, and will addrcss the matters set forth bdow: The City of Roanoke proposcs to place certain Restricti\'e Co".'nants on a part of City owned property known as Thrasher Park. Tax ['vlap "io. 333040~. The part of Thrasher Park that will be subjc'ct to the Rcstrictive Covcnants c'l1lsists of approximately 3.29 acres or land and is the arc a that runs ¡¡'onl the parking lot adjaccnt to Gus Nicks Uoulcvanl to the southmost pn1perty linc and is approximately ¡ 50 feet wide. This area, which is dcsignated Il)r thc application or thc Rc'strictive Co\'enants, is cClllc'rc'd approximately on the strcam that is to he rcstorcd and does not include the tennis courl. baseballtield. or any othcr constructed park usc areas. The Restrictivc Covcnants relatc to a mitigation plan approved by the Virginia Dcpartmcnt of Environmental Quality. Such mitigation plan providcs for the restoration of the above area of Thrasher Park to its nativc condition by rc'aligning thc location of the current stream. which is an unnamcd tributary to Glade Cn~ek. that runs through this arca into a more native condition and by adding native plantings in such arc a, amI that such arca will be maintain cd in its restnred nativc condition. suhjcct to certain conditions. A cnpy or maps and other documcnts dcscribing the Restrietivc Co\'enants nlentioncd abo\'c may be revicwcd by the public in thc Ollice of the City Engineer, Room 350, >-loci C. Taylor Municipal Building. ~ 15 Church Avcnuc. S. W.. Roanoke, Virginia 24011. All partics and intcrcsted citizcns may appcar clll th" abovc datc and bc beard on thesc matters. I I' you ar" a person who nccds accnmmodations lor this hcaring, please contact thc City Clerk's Ollice at (540)853-2541 b¡.'tore t~:()() noon on thc Monday, October 1(" 20()(j. GIVEi\' undcr my hand this ~ day of Oc tÒber 2006. Stephanie !'vI. Moon, CylC Acting City Clerk Please publish once on ¡'¡ednesday, Oc tuber II, 2006. $cni!J'uþlisher's A flìdavit and bill to: Stephanie \1. Moon, Acting City Clerk Nod C. Taylnr Municipal Building. Room 45(, 215 Church AVCIlUC, S.W. RoaIloke, Virginia 24011 I.: ·XITOR 'EY\DAT..\'CL \'1'1 \(ìETf\OT[CE~\noricc of public h..::al"ll11!.thr~lsh..::r.dol· , .... ROANOKE VALLEY ~RESOURCE AUTHORITY ROANOKE COUNTY BOARD OF SUPERVISORS ROANOKE CITY COUNCIL ROANOKE VALLEY RESOURCE AUTHORITY OCTOBER 24, 2006 12:00 P.M. This is a joint meeting of the County of Roanoke, the City of Roanoke, and the Roanoke Valley Resource Authority. The meeting is being held at the Roanoke County Administration Center, 5204 Bernard Drive, 4th Floor Training Room, Roanoke, Virginia. A. WELCOME: Chairman Michael A. Wray Mayor Nelson C. Harris B. INVOCATION: John M. Chambliss, Jr. Assistant County Administrator ***Lunch*** C. CALL TO ORDER: County of Roanoke City of Roanoke Roanoke Valley Resource Authority D. REMARKS AND INTRODUCTIONS: Bittle W. Porterfield, III, Chairman Roanoke Valley Resource Authority E. PRESENTATION: John Hubbard, Chief Executive Officer Roanoke Valley Resource Authority 1. Past: · RVRA formation · Operations · Funding · Facilities · Transportation 2. Present: · Smith Gap Landfill · Financials · Current Projects · Pending Legislation 3. Future: · Facilities · Financials F. COMMENTS BY BOARD OF SUPERVISORS, CITY COUNCIL, AND THE ROANOKE VALLEY RESOURCE AUTHORITY G. 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