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Home My WebLink AboutCouncil Actions 12-18-06 WISHNEFF 37639-121806 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 18, 2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (All Present) 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 be led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, December 21,2006, at 7:00 p.m., and Saturday, December 23, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT ATTHE 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: NONE. 2 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 meeting of Council held on Monday, November 6, 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 2.2-3711 (A)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #110-1 32 C-3 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- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #38-132 C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #2-132 C-5 A communication from Mayor C. Nelson Harris requesting cancellation of the 9:00 a.m. City Council Work Session scheduled to be held on Tuesday, January 2, 2007. RECOMMENDED ACTION: Concurred in the request. File #132 3 C-5 Qualification of the following persons: Anthony M. Reed as a member of the Fair Housing Board to fill the unexpired term of Rich G. McGimsey, ending March 31, 2007; Robert H. McAden as a member of the Parks and Recreation Advisory Board to fill the unexpired term of Gwendolyn W. Mason, ending March 31, 2007; Daniel E. Karnes to fill the unexpired term of Gregory W. Cupka ending August 31, 2007, and Gilbert E. Butler, Jr., to fill the unexpired term of Ben J. Fink ending August 31, 2009, as Commissioners of the Roanoke Redevelopment and Housing Authority; Edward C. Bradley as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2009; Gail Burruss as a member of the Court Community Corrections Program Regional Community Criminaljustice Board, for a term ending June 30, 2009; Susannah Koerber as a member of the Roanoke Arts Commission, for a term ending June 30, 2009; Sheri Bernath as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2009; Beverly T. Fitzpatrick, Jr., as the City's representative to Virginia's First Regional Industrial Facility Authority, and as a member of the New River Valley Commerce Park Participation Committee; and David B. Trinkle as the City's representative to the Roanoke Valley Regional Cable Television Committee. RECOMMENDED ACTION: Received and filed. File #15-67-110-178-202-230-242-314-448-526 4 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A request of Total Action Against Poverty to address Council with regard to certain TAP programs. Theodore J. Edlich, III, President, Spokesperson. (Sponsored by the City Manager.) No action taken. File #226 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . Central Roanoke Mobility Study File #77 Amphitheater Study (5:00 p.m. Work Session in Room 159) File #122 20 minutes . 90 minutes ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Bulletproof Vest Partnership Grant from the U. S. Department of Justice, in the amount of $22,736.00; and appropriation of funds. Adopted Resolution No. 37639-121806 and Budget Ordinance No.3 7640-121806. (7-0) File #5-60-236 2. Acceptance of the Aggressive Driver Grant from the Virginia Department of Motor Vehicles, in the amount of $ 5,000.00; and appropriation of funds. Adopted Resolution NO.3 7641 -121 806 and Budget Ordinance No. 37642-121806. (7-0) File #5-20-60-236 5 3. Adoption of a resolution endorsing participation in the Virginia Department of Transportation Revenue Sharing Program. Adopted Resolution No.3 7643- 121806. (7-0) File #77 4. Authorization to file an application to amend Proffered Condition No.2, in connection with the Patrick Henry High School rezoning. Adopted Resolution No. 37644-121806. (6-1, Council Member Wishneff voting no.) File #51-467 5. Authorization to submit an application to the Virginia Department of Transportation for a Safe Routes to School Project Grant. Adopted Resolution No. 37645-121806. (7-0) File #77-467 6. Execution of a 2006-2007 CDBG/HOME Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., in connection with the "Officer at Home" (OATH) program. Adopted Resolution No.3 7646-121806. (7-0) File #5-178-236 7. Execution of an amendment to the Lease Agreement dated March 28, 1984, with the Commonwealth of Virginia Department of General Services for space located in the Commonwealth Building at 210 Church Avenue, S. W. Adopted Ordinance No. 37647-121806. (7-0) File #373-524 8. Amendment of the City Code to require that a business license certificate be physically displayed in a visible location at the place of business. Adopted Ordinance No. 37648-121806. (6-0, Council Member Lea was not present when vote was recorded.) File #24-322 6 7. REPORTS OF COMMITTEES: a. Request of the Roanoke City School Board for appropriation of funds to various programs; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37649-121806. (6-0, Council Member Lea was not present when vote was recorded.) File #467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Dowe expressed appreciation for the opportunity to represent the City of Roanoke at the National League of Cities Congress of Cities Conference in Reno, Nevada, from December 5 - 9, 2006. File #228 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 12. CITY MANAGER COMMENTS: The City Manager distributed information regarding top accomplishments of City departments during 2006. 7 The City Manager mentioned that Council had concurred in the Mayor's request to cancel the 9:00 a.m. Work Session scheduled for Tuesday, January 2, 2007. (Consent Agenda Item C-5.) The City Manager expressed appreciation to Members of Council for their attendance at the Holiday Luncheon on Thursday, December 14, 2006, noting that 18 City employees had served or were on active duty either in the United States or outside the Country. File #1 32-1 84 The following individuals appeared before Council: Mr. Lawrence A. Landolt, 115 Day Avenue, S. W. Mr. Jay E. Foster, 3726 Heatherton Road, S. W. Mr. Ed C. Hall, 218 23rd Street, S. W. Mr. David A. Diaz, 3320 Rosewood Avenue, S. W. Mr. Jim R. Fields, 501 Cooper Cove Road, Hardy Ms. Helen E. Davis, 35 Patton Avenue, N. E. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E. Mr. John Anderson, 2729 Crystal Spring Avenue, S. W. THE COUNCIL MEETING WAS DECLARED IN RECESS at 3:30 P.M., FOR CLOSED SESSION, IN ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. THE COUNCIL MEETING RECONVENED AT 4:30 P.M., IN ROOM 451, FOR A BRIEFING WITH REGARD TO THE CENTRAL ROANOKE MOBILITY STUDY. THE COUNCIL MEETING WAS RECESSED AT 4:55 P.M., AND IMMEDIATELY RECONVENED IN ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A DISCUSSION WITH REGARD TO THE AMPHITHEATER STUDY. THE COUNCIL MEETING WAS RECESSED AND RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER. 8 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 18, 2006 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (All Present.) The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scouts Troop No.8, Raleigh Court United Methodist Church. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, December 21, 2006, at 7:00 p.m., and Saturday, December 23, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 9 Ä. PUBLIC HEARINGS: 1. Approval of the issuance of general obligation "qualified zone academy" bonds, in an amount estimated not to exceed $1,097,571.00 to finance certain rehabilitations, repairs and/or equipment in connection with Patrick Henry High School. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Resolution No. 37650-121806. (7-0) File #53-467 2. Request of the City of Roanoke to rezone a tract of land located at 4803 Williamson Road, N. W., in order to permit construction of a fire station on the site. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37651-121806. (7-0) File #51 B. OTHER BUSINESS: 1.(a) Petition for appeal of a decision of the Architectural Review Board, filed by Paula Anselmo, with regard to installation of a French door at 637 Mountain Avenue, S. W. (b) Report of the Architectural Review Board with regard to the above- reference petition for appeal. Lora J. Katz, Chair. Based upon evidence presented on December 18, 2006, Council voted to affirm the decision of the Architectural Review Board on October 12, 2006, and that no Certificate of Appropriateness be issued for the approval of an existing window to door replacement at 637 Mountain Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the doors are not ofthe same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building. (6-1, Council Member Wishneff voting no.) File #249 10 2.(a) Petition for appeal of a decision of the Architectural Review Board, filed by Aubrey M. Hicks, with regard to replacement of a metal roof at 648 Day Avenue, S. W. . (b) Report of the Architectural Review Board with regard to the above- reference petition for appeal. Lora J. Katz, Chair. Based upon evidence presented on December 18, 2006, Council voted to affirm the decision of the Architectural Review Board on November 9, 2006, and that no Certificate of Appropriateness be issued for the replacement of a metal roof with an asphalt shingle roof on a structure at 648 Day Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the proposed installation is not of the same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building. (4-3, Vice-Mayor Trinkle and Council Members Lea and Wishneff voting no.) File #249 C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 727 29th Street, N. W., appeared before Council. CERTIFICATION OF CLOSED SESSION. (7-0) The following individuals were appointed: Gail R. Burruss as a Commissioner of the Roanoke Redevelopment and Housing Authority to fill the unexpired term of Christie Wills ending August 31, 2010. File # Jim B. Lee as a City representative to the Roanoke Valley Greenway Commission to fill the unexpired term of Barry Baird ending June 30, 2008. File #379 11 Judy Jackson as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2009. File #192 Douglas C. Jackson as a member of the Roanoke Arts Commission to fill the unexpired term of Susan W. Jennings ending June 30, 2008. File #230 12 CITY OF ROANOKE OFFICE OF THE MAYOR 21) CHURl''' ..\VE~l.:E, s.\\'., ROn~'14)2 ROA~OKE, VIRGINIA 24011-1)'>4 TElI"I'Ii( 1.\:1.. 1:,>-10, :~:'i.~ :::-1.11 r..\\. (5 :\)1 :-::'.~-11-1:" ('. NEI.SO:\ HARIUS \hl~·lIr December 20, 2006 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2,2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c..1(~~ C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE CITY COUNCIL 215 Church AVCIlUl.:. S.W. 1\'(l~1 C. TJ.ylor \hmlclpal Huilding. ROlHll -1-56 Roanok\..'. Virginia 24011-1536 T~I~ph()nc: (5-1.0) 853-2541 Fax: 1540) ~5-'-1145 C. IŒLSOI\ HARRIS !\1a~0I' December 20, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Council \1clIlhers: Alfn::d T. Dowl.:. Jr. B~\'erly T Fitzpatrick. Jr. Sherman fl. Lea Gwen W. ~1ao:;on David B. Trinkle Brian J. Wishn~IT 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 Noel C. T,,\'lor Municip"¡ Building 215 Church A\'enu(', S.\V., Room )(,-+ R,).1110kc, Vi!'!:;ini" 24011-15Yl '[\'leplH1lll~' {:'i·Ull S:'i.1-2.1.\1 Ll.\: 13W¡ s~3-1 J:)S l.'Jl~' \Vcb \\'ww r(l.1Il11j.;L'\·,I.~\1\· December 18, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.2-3711.A.3, of the Code of Virginia (1950), as amended. Sincerely, ~~ ~~~ Darlene L. ~am City Manager DLB/lsc 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 A\'enue, S_ W.. Room 456 Roanoke. Virginia 24011-1536 Tdephone: (540J 853-2541 Fax: 154m ~5.1·1145 E-milil: clcrk€"roanokc\'il.gLl\' SHEILA ~. HARTMA~ Assistant City C1c:rk STEPII.-\NIE ~I. MOO~, Ole Acting Cily Clerk December 21 , 2006 File #132 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dear Ms. Burcham and Gentlemen: A communication from Mayor C. Nelson Harris requesting cancellation of the 9:00 a.m. City Council Work Session scheduled to be held on Tuesday, January 2, 2007, was before the Council of the City of Roanoke held on Monday, December 18, 2006. On motion, duly seconded, and unanimously adopted, Council concurred in the request. Sincerely, ~h1.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew pc: James L. Grigsby, Assistant City Manager for Operations R. Brian Townsend, Acting Assistant City Manager for Community Development Troy A. Harmon, Municipal Auditor CITY OF ROANOKE OFFICE OF THE MAYOR 21) C1I1JRCII AVE~lJE, S.W.. ROOM 4)2 ROANOKE, VIRC;¡NIA 24tll 1-15Y4 H:'LEI'II{:'\II:" I;'.O, X:'.~-~·~"¡.... rX\' (~.:n x:,J-] [·1:'- C. NEI.SON HARRIS \101~'I)r December 18, 2006 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 Vice Mayor and Members of City Council: Due to the holiday and vacations, City administration advised me there will be no items for the 9:00 a.m. City Council work session scheduled for Tuesday, January 2, 2007. Therefore, I am canceling the work session on that day. Sincerely, c..1'\.~~ c. Nelson Harris Mayor I) .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A"emlc, S. Woo Room 456 Roanoke, Virginia 241111·15.'6 Telephone: (SolO) H5]·2S·U Fax: tS40,853-1145 E-mail: dt·rk@ro:mokc\'a.¡.:o\" SHEILA K HARTMAN Assistant Cit)' Clerk STEPHA"'IE 1\.(, ì\IOO~. C\IC A(:lin~ Cit)" Clerk December 20, 2006 File #15-110-178 Nancy F. Canova, Chair Fair Housing Board 401 Willow Oak Drive, S. W Roanoke, Virginia 24014 Dear Ms. Canova: This is to advise you that Anthony M. Reed has qualified as a member of the Fair Housing Board, to fill the unexpired term of Rich G. McGimsey, ending March 31, 2007. Sincerely, ~~)n,~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew pc: Angie S. Williamson, Secretary, Fair Housing Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anthony M, Reed, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board, to fill the unexpired term of Rich G, McGimsey, resigned, ending March 31,2007, according to the best of my ability (So help me God). fL~ w..~ Subscribed and sworn to before me this -I- day o/V¿c.... 2006, BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT B~Çgw) , DEPUTY CLERK I."\CLERK\DA T,\\CI\JS I \t)ualiil·atinn.,\K~c<l.ualh.d{ll: dI~ I C.. . ~ll'''f CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A.'enue, S. W., Room 456 Roanoke, Virginia 24011-1536 Tdcphunc: (5.aO¡ 1'15.'·25-11 Fax: 1.5401 1'15,)·1145 E-nmil: dcrk@..oanoken).~o\· SHEILA N. HARTMAN '\'lisi.'~lant City Clerk STEPIIAi'ó1E M. ~ICJOi'ó, ole ,\cling City Clerk December 20, 2006 File #1 5-67-110 Carl H. Kopitzke, Chair Parks and Recreation Advisory Board 2314 Martin Lane, S. W. Roanoke, Virginia 2401 5 Dear Mr. Kopitzke: This is to advise you that Robert H. McAden has qualified as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of Gwendolyn W. Mason ending March 31, 2007. Sincerely, Å~~-um.~ Stephanie M. Moon, CMC . Acting City Clerk SMM:ew pc: Nicole R. Ashby, Secretary, Parks and Recreation Advisory Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert H. McAden, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board to fill the unexpired term of Gwendolyn W. Mason, resigned, ending March 31,2007, according to the best of my ability (So help me God), .-;:;:~~Æ -....... Subscribed and sworn to before me this ~aY of ~006' BY L \CLLRK\I ):\"1"/\ \CKJS 1\()u;ljlj,-;¡liI11l.;,\'\k,\dL'Il.0o.llh.dt'': oP~ W ·~ll ,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Awnue. S. W.. Room 456 Roanoke, Virginia 24011·1536 Telellhone: (540) H5]·2S41 Fa,,: (SolO) HSJ·114S E-nmil: dt·rk@·ro;m(lkc\·a.~O\· SHEILA :'II. HART~IAì" Assistant Cit)" Clerk Sl'EPHA~Œ ~1. "OOr>;. ßIC Acting Cit~· Clerk December 20, 2006 File #1 5-1 78 Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority P. O. Box 6459 Roanoke, Virginia 24017-0359 Dear Mr. Henry: This is to advise you that Daniel E. Karnes to fill the unexpired term of Gregory W. Cupka ending August 31, 2007, and Gilbert E. Butler, Jr., to fill the unexpired term of Ben J. Fink ending August 31, 2009, have qualified as Commissioners of the Roanoke Redevelopment and Housing Authority. . Sincerely, ~'rYl.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Daniel E. Karnes, 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 Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Gregory W. Cupka ending August 31, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this ---.Ll day ofßtciõw\.(,'f2006. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT BY~~ ~~ --' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gilbert E. Butler, Jr., 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 Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Ben J. Fink ending August 31, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this J~ay of ~ , 2006. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT B~~"': 't~ Ìl"~T!'. ClERK <P~ ..~,i'L./I1' ',?, " ..-!r." ~ 'l!lo' CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church A,-enue. S. W., Room 456 Roanoke. Virginia 24011·1536 Tt'It'phonl': '540) 853-2541 Fux: 1:O..U)) 853-114':; E-mail: dl'rk@roanokc\"a.go\' SHEILA N. HARTMAN Assistanl Cit)' Clerk STEI'IIANlli ~I, ~IOON. CMC Acting CiI)" Clerk December 20, 2006 File #1 5-110-202 William C. Holland, Chair Personnel and Employment Practices Commission 1450 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: This is to advise you that Edward C. Bradley has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2009. Sincerely, ~ N. ~ð-N Stephanie M. Moon, CMC Acting City Clerk SMM:ew pc: Keli M. Greer, Secretary, Personnel and Employment Practices Commission K.\oath and ]~¡l\'illg '!'('r\"i(t:\pt:r~ul1ne] and cmp](l}':llellt practice._ ("omlllls~"Jl\Ed\\'ólrd C Rnull.'Y {pall.doc · " ~!l:'. .. '''' "" ·'.)""1 ", " ~ - ....'-.-:."' .! .lJ.',.J.:) Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Edward C, Bradley, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2009, according to the best of my ability (So help me God). gJe.~;-; ./ Subscribed and sworn to before me this Lj-,Kday of Òff. 2006, BRENDA L. HAMILTON, CLE , DEPUTY CLERK BY I.. \CI.J:RKìll..\ 1:'\ \CKJS I \1.)u;1Iili;.'õllil1Ib\Hr;lIllL'y.I);llh.th1l' if ~ . '" -~~. . . . . . . . . CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church A \'Cuue, S. Woo Room 45(j Roanoke. Vir~inia 24011-1536 Tl'Il:phone: 15-401853·2;;"1 Fax: 1:'i40) 85~~~1l":, E-nmil: derk0'rmmnk(','a.go\' SHF.IL\ ~.IIARnL\:O; ,\ssi..l3n( City Ch.'rk STEI'HANIE M, MOO", ole .\ding Cit~ Clerk December 20, 2006 File #1 5-110-242 .- James T. Phipps Director of Court and Community Corrections P. O. Box 1725 Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that Gail Burruss has qualified as a member of the Court Community Corrections Program Regional Community Criminaljustice Board for a term ending June 30, 2009. Sincerely, A41,~~f\() .~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew -¡T'¡ ....1.........1-" ~,-.,- -1"'-'-' (or ÍJ't·;" ""JC: I. 11.,I"'~r,-r:h ¡r-: "Tìn"ilW-' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gail Burrlitos, do solemnly swear (or affirm) that J 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 Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2009, according to the best of my ability (So help me God), Subscribed and sworn to before me this -±- day of k" 2006. /, DEPUTY CLERK L\CLI:RK\DAT A\CKJS I \l)u:llili¡;:lri'II1,\HHlIl:':-:-..l';¡lh.t1I1l' CITY OF ROANOKE OFFICE OF TIlE CITY CLERK 215 Church Avenue, S. Woo Room 45(, R03nok,', Vir~inia 24011-1536 l'elf'Ihulll': (5"'0) 8!'.~·2:;"'1 I'ax: (540) 8S3-1J45 E-nmil: derk@rlllll)okl"·¡l.gov SHElL,\ ~, IIARTMAN Assbllllll City Cll'rk ",-;~ - .:.. . .~.'!o: STEPlIANIF. M, MOOI\. eMf Acting Cit)" ('h'rk December 20, 2006 File #1 5-110-230 Judith M. St. Clair, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. St. Clair: This is to advise you that Susannah Koerber has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2009. Sincerely, ~~,~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susannah Koerber, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 2009, according to the best of my ability (So help me God), .,.~- ~r /' / ------- Subscribed and sworn to before me this ~ day of Þ{,M1/v/2.006, BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT "(7"#£'; bÞ-~ , DEPUTY CLERK L:\CLEK K\I)'\ T A \CK JS I \(Jualifical(lIl<..\KlJl'rÞl'r.llalh.dtll.: . .. r", .' .iií:'¡ .~. ' CITY OF ROANOKE OFHCE OF THE CITY CLERK 21S Church Awuuc. S. W.. Room '¡S6 Roouoke. Virgiuio 2'¡OII-IS36 Telephone: (5~1I1853-25"1 F&lx: (:;40) 85.\·1145 E-nmil: dcrkCrj;roanukt'\a.gov SIIEII,'\ l',llAIUMA;'o; Assistllnt Cit)" Cll'rk STEPHAI'IE ~1, MOOI'. 01(' Acting City Clerk December 20, 2006 File#15-110-314 S. James Sikkema Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Sikkema: This is to advise you that Sheri Bernath has qualified as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2009. Sincerely, ~'hJ. ~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sheri Bernath, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City Representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2009, according to the best of my ability (So help me God). S¡u4&~- Subscribed and sworn to before me this £9' day of A.;';~1lÁ1¿'J(2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT '-~~ /)érú.Tf, CLERK K"V'alh ;l1Il1 k;l\lIl~ :-l:r\'i~\.·\ß1l1\.· RiJ~~' Ikha\l11lallll:,t1th\.",ll"\.'\Sh\.'ri BCI1;¡rth oalh 1\:t.Jll\: ""~ - 1òl.'J\! .~ ~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A "enue, S. W.. Room 456 Roanoke, Virginia 24011-IS36 Telephone: (540J 8':;3-254. FlIx: (540) 85.\-1145 E-m¡til: dt''"k@ro:mukc,"a.go\' SHEILA N.HARTMAN Assist:.ml CiI)' Clerk STEPHANIE M, MOON, nlc Ading CiI)' Clerk December 20, 2006 File #1 5-110-526 Shelia Smith, Project Manager Virginia's First Regional Industrial Facility Authority 6580 Valley Center Drive Box 21 Radford, Virginia 24141 Dear Ms. Smith: This is to advise you that Beverly T. Fitzpatrick, Jr., has qualified as a City of Roanoke representative to Virginia's First Regional Industrial Facility Authority, and as a member of the New River Valley Commerce Park Participation Committee. Sincerely, ~h)I>rJ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Beverly T. Fitzpatrick, Jr., do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to Virginia's First Regional Industrial Facility Authority, according to the best of my ability (So help me God). ____~~c~__-__--__---- Subscribed and sworn to before me this ,7ZtJ day of Aku/II1&... 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~~ð 1tIØ- ì)EP«Tf', CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Beverly T. Fitzpatrick, Jr., 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 New River Valley Commerce Park Participation Committee, according to the best of my ability (So help me God). f~jt~ ) Subscribed and sworn to before me this~ day of ~2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~~ 'lIf:M. J)E,'u ri, CLERK \\IfJU~ ~._"L~ilI~.. ',:. .., :J1.~ .~. '". . . . 'u CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. Woo Room 456 Rmlßok.. Vir~ini" 24011·1536 T(·!t'llhnlle: (5..10, KS-.'-25.a1 i":.Ix: (540, 8::;~·11"5 E-nmil: dcrk(lì:romUlk~\·a.~(),· S1U:U,A ", I1ARTM A:-I Assisllllll (~itJ tlc:rk STEPH.-\I\"m M. l\fO()~. CMC Acting Gt~ neck December 20, 2006 File #110-448 Mary V. Brandt, Secretary Roanoke Valley Regional Cable Television Committee P. O. Box 29800 Roanoke, Virginia 24018 Dear Ms. Brandt: This is to advise you that David B. Trinkle was appointed as a City representative to the Roanoke Valley Regional Cable Television Committee. Sincerely, ~m,~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee, 616 South Maple Street, Vinton, Virginia 24179 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Judith M. St. Clair, Secretary, Roanoke Valley Regional Cable Television Committee Elaine Simpson, Roanoke Valley Television Access Director, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Valley Regional Cable Television Committee, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of /)QCeíflóør2006. BRENDA S, HAMILTON, CLERK OF THE CIRCUIT COURT /' BY/ ( '-- '~v ._' CLERK ¡.,:~~~ ';:!'\;'\ (" r¡;R1' . " <!;;, \ '~'. . rª~"'J ~\.!:. ~~ .~ "".' "-!nF. . '" """:':"'Ll{""'?':' "./ CITY OF ROANOKE OFFICE OF THE CITY MANAGER :'\,wl c:. Taylt>r Municipal Buildill¡; 21~ Church :\\"('Illlt\ S.\V., "qUill 3h-l Rnanolü'. VirginiLl 2-t1l11-1591 Tvk:'lw:ll.'. \"'.11)) .....:;.1-2:~ ~.:, I d"': (~,"¡(l) "S~ 11.\S ("il\ \\""1'[1 \\"\\\\.r\'<lll"t.""\",1.\',II\ November 6, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Ted Edlich, President of Total Action Against Poverty, who would like to thank City Council for their support of TAP programs. He will also discuss a new dental program where TAP is partnering with City Health Department and Roanoke Area Health Project to bring teenagers in need of dental care to the city. Respectfully submitted, ~ßtJ~ Darlene L. Burcham City Manager DLB:sm c: City Attorney Director of Finance City Clerk Remarks to City Council The Cily of Roanoke By Ted Edlich TAP President 12/18/06 Mayor Harris, Ylembers of City Council. City Manager Burcham, statì~ visitors, As always it is a privilege to stand beforc you rcprcsenting thc TAP organization. I am here on hehalr orthe Board or Directors, starr. and program participants in the l' AP program to thank you Il)r your support. This year TAP impacted the lives 01'2.950 individuals in 2270 fami1ics, resident in the City of Roanoke, by helping them on Iheir way 10 become self supporting memhers orthis community. TAP has been able to continue its m,\jor initiatives: This Valley Works, Families in Transition through our Women's Center and Transition Living Center, I-Iead Start, Housing and Community Development, and Financial Services, The goal or all our efrorts is to help people become self supporting contributors to their community, Just a lew weeks ago we celebrated the completion oflhe Dumas Center which will open in January ornext year, We appreciate the presence of many of you, ineluding the Vicc Mayor and the City Manager. This year we have been particularly pleased with our volunteer tax program, in its filìh year, which has helped over 1700 1~lmilies gain more than S1,200,000 in tax relUms, including 51,100,000 in Earned Income Tax and $3()(),000 in Child Tax Credits. 137 individuals have been enrolled in our Individual Development Account program, helping tàmi1ies save over 5340,000 with their savings match to develop long-lasting assels. Sixty-one of these families graduated our program and thirty-two are now first-time home o\\'ners. TAP is pleased to have played a signilicant role in the successful application for the Safe Havens program and the Brownields Project. We look tòrward to the City of Roanoke taking further advantage 01'1' AP's seasoned and dynamic grants development department. We are equally pleased to announce that construction will begin this month on Terraec Nonh. Tn the next 24 months, renovation will result in 78 ncw units, Next year we will begin preparing a tax credit application for Ten'aee South to bc submitted in March of '07, Construction on these units will begin at the end of '07 and are planned to run concurrently. : TAP applauds the City of Roanoke's Task Force to rcducc thc levcl of domcstic violence that robs familics of their ability to prospcr. We only wish that there was a way for the City of Roanokc to address the presence of predalory lenders in this community by a slatute which would restrict lenders to no more than 30'% imerest on any loan, much as New York City, Oakland, Washington, Cleveland, Dayton and Detroit have addressed this issue. TAP makes an important financial as well as human eontrihutionlo the City of Roanoke, We employ 224 of the residents of this City, TAP's budget 01'515,635.000 has an economic impact of 528,380,652, with at least 51,563,500 or ten percenl retuming in some foml of state or local taxation. In addition, TAP paid 575,000 in property taxes last year. The intervention of TAP's programs produce long teml savings of monies that would have been spent i fT AI' were not here, TAP's downtown commercial buildings which arc tùlly occupied have supported downtown revitalization, Ironically, non-profits end up profiting everyone. The City of Roanoke's General Fund contribution Ihis year of5170,242 to our budget (a reduction 01'$30,000 from the previous year) is approximately 1.1 % of our total expenditures, Yet it was critical money that helped to fill the gaps and match other dollars, It is important to nole that 95% of our budget eame from moncy outside the City of Roanoke, 1 have gi yen you our 40 year annual report with an update, I have also included a letter from l3illye White, our Director of Development. Let me conclude where I began. On hehalfofthe TAP family, thank you for your support. 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER 1\<.>c1 C. Tovl". Municipal Building 215 Church A\'t·'I111C. S.\V., Room 364- Roanoke, Virginia 24(}] 1-1591 1"l'll'J.'hl'lll'. (,5.O) S:iJ 23:~3 Fa.': (.......() :-'51-1 ]3,..: Cltv \V1'b: \\·\\'\\'.r\l,lIh,l-..I~\'a..~,,\' December 18, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Central Roanoke Mobility Study This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Respectfully submitted, Darlene L. B rcham City Manager DLB:sm c: City Clerk City Attorney Director of Finance <iS~ ~.,_n;A>~ 'íll',l\! . "-~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Churc'h Awnuc. S, W.. Room 456 RoanLlkt'. Virginia 24011-1536 Tckphonc: (540) 853-:!5..J I Fax: (5-tO.l85:~-1145 E-mail: clcrklti'rcl'lIlokl'\'a.go\' SIIEILA 1\. H,\RHI,.\N A!:iìl!ìtanl City Clelk STEPHANIE ~I. ~1001\, ole Arling City Clelk December 19, 2006 File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7639-121806 authorizing acceptance of the Bulletproof Vest Partnership grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and authorizing execution of any required documentation on behalf of the City. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~Ir?~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police C7/i:5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2006. No. 37639-121806. A RESOLUTION authorizing acccptance of the Bulletproof Vest Partnership Gnmt made to the City of Roanokc by Ihe Departmcnt of Justice, Officc of Justicc Programs, Bureau of Justice Assislancc, and aUlhOlizing exccution of any required documenlation on behalf ofthe City, BE IT RESOLVED by thc Council of the City of Roanoke as follows: 1, The City Manager is hereby authorized on behalf of the City to acccpt from the Departmcnt of Justice, Officc of Justicc Programs, Bureau ofJusticc Assistance the BullctproofVest Partnership Grant in Úle amount of$22,736.00, to be used to purchase 86 bulletproofvest,such grant being more pm1icularly described in the letler of the City "-1anager to Council dated Decembcr 18, 2006, 2, . Thc City Manager is hereby authorizcd to execute amI file, on bchalf ofthc City, any documents setting forth thc conditions of the grant in a fom] approved by thc City Attomey, 3, The City Manager is furthcr directcd to furnish such additional information as may be required by the Dcpartmcnt ofJusticc. Office ofJ ustice Programs in connection with thc acceptance of Ihc foregoing grant. ATTEST: ~'rv1.~ov ~ City Clerk. . .. '-., ~..; .~ '. CITY OF ROANOKE OFFICE OF THE CITY CLERK ~15 Church An'ouc. S. \V.. ROllin 456 Roanoke. Virginia 24011-1536 T e1eph()ne: (5-Hl) :-:5~-~5·11 Fax: (540) 853-1145 E-mail: clcrk«j.:roanokc\.il.);!o\" .sIŒILA N.IfART~1!\N A!<sistant City Clerk STEI'IIAI'IE M. MOON, OK Al.:lin,; City Clerk December 19, 2006 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37640-121806 appropriating funds from the federal government for the Bulletproof Vest Partnership 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 Monday, December 18, 2006, and is in full force and effect upon it passage. Sincerely, ·hï.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ,,'-J '?- '< IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2006. No. 37640-121806. AN ORDINANCE to appropriate funding from the federal government for the Bulletproof Vest Partnership 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 Wearing Apparel Revenues Bulletproof Vest Partnership Grant FY07 35-640-3423-2064 $ 22,736 35-640-3423-3423 22,736 Pursuant to the provisions of Section 12 of the City Charter. the second reading of this ordinance by title is hereby dispensed Witll, ATTEST: 7~1~~'~ A~ City Clerk, - ----:-:-- ~).::>:~~'i.i~;:~; '~~,i. .' - t»<:;J~.' ~, ... ,. - !¿.1:::~2:·::· CITY OF ROANOKE OFFICE OF THE CITY MANAGER Nod C. Tayh)r tv1unicipal Building 2'15 Church Avenut', S.\N., RoeHll 36,~ Roanokt'. Virginia 240.1'1-159'1 l....'IL,~~h,)lh:· 1.:;...I).l1'ì5~-23.~3 f·,I\.: (5-1ll") ~5J I ]J~ City \\'1'1,: \\·\\·\\·.r'¡,!l1ol.;"\·,q:I'\· December 1 8, 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 Subject: Bulletproof Vest Partnership Grant Dear Mayor Harris and Members of Council: Background: The Bulletproof Vest Partnership Act of 2000 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. The grant program is managed by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. The program provides reimbursement funding for the purchase of approved bulletproof vests. On October 20, 2006, Roanoke was awarded $22,736 for reimbursement on the purchase of 86 bulletproof vests. The vests to be acquired through this program are to be used for the replacement of patrolmen vests as they wear out and the purchase of new tactical vests to be placed in district patrol cars. Recommended Action: Accept the Bulletproof Vest Partnership reimbursement of $22,736. from the Bureau of Justice' Programs; and authorize the City Manager to execute the grant agreement and any related documents, subject to them being approved as to form by the City Attorney. Mayor Harris and Members of City Council December 18, 2006 Pag e 2 Appropriate funding of $22,736 for use on Police Department wearing apparel in an account to be established by the Director of Finance in the Grant Fund. Establish a revenue estimate of the same. J Darlene L. B rcham City Manager DLB:gws c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager A. L. Gaskins, Chief of Police CM06-00209 .ø~ tit '~-. .' ~Al '!' '-~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24011-1536 Tclc.:pholll': IS·H)) S5J-2541 Fax.: IS,tO) X53-1I'¡5 E-mail: çlcrk@roanokeva.go\' SHEILA N. IIARTM,\f\' Assistalll City Clerk STEPHANIE ~1. MOON. Cl'o.tC Actlllg City Clerk December 19, 2006 File #5-20-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No.3 7641-121806 authorizing acceptance of the Aggressive Driver 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 above referenced measure was' adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~M.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF RO,-\NOKE, VlRGIJ\1lA The 18th day of December, 2006. No. 37641-121806. A RESOLCTlON' authorizing acceptance of the Aggressive Driver Grant made to the City of Roanoke by the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalfofthe City, I3E IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City 10 accept from the Virginia Department of Motor Vehicles the Aggressive Driver Grant in the amount of$5,000,OO, to be used for overtime and related FICA expenditures associated with conducting selective enforcement activities which target aggressive drives, such grant being more particularly deselihed in the letter of the City Manager to Council dated December 18, 2006, 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting fonh the conditions of the !,'Tant in a foml approved by the City Attomey, 3, The City Manager is further directed to fumish such additional information as may he required by the Virginia Department of Mol or Vehicles for the acceptance of the foregoing grant. ATTEST: L~~~~fn' ~ iii .A. . .-~> '!' , , .' 111 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chun:h Avenue, S. \V.. Room 456 Roal10ke. Virginia ~4011-15J6 Tckphone. (::¡"¡O) ~53-2541 Fax: (5·10) S53-1145 E-IIlJil: dl~rk(ª w:Ulokev3.gov SHEILA N, IIAllÜIAN As~ist:ml City Clerk STEPHAI\'IE \.1. \-i0U;\,. CT\IC ACling City Clerk December 19, 2006 File #5-20-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37642-121806 appropriating funds from the Commonwealth of Virginia for the Aggressive Driver 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 Monday, December 18, 2006, and is in full force and effect upon it passage. Sincerely, Å~6.~ (n. ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2006. No. 37642-121806. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Aggressive Driver 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 Overtime Wages FICA Revenues Aggressive Driver FY07 35-640-3440-1003 35-640-3440-1120 $ 4,644 356 35-640-3440-3440 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATTEST: ':m.~ City Clerk, .. '- - ,.---..... ....<....: r;ff)'l~""" /;'\ .\'~::~r.-, -,'" ~X.-:I\ ('~~.:¿~ - ~\ j¡f!~", "!-'Î , .. ¡ .. .. ~'. '. ',,"' ·.:.:~;(bjl\~.:_::.;..>' CITY OF ROANOKE OFFICE OF THE CITY MANAGER ~od C. Tdylor MUllicipcll Building 213 Churfh r\\'el11lt'"', S.\V., Room 364 R(\an('O~c. Virginia 2·1011-1591 l\'h'plhlrll~: (::;w) :-ì5:\·~.~.~."'\ r,l'. (:';·111) ,0.::;3-11:;.... Cit\" \\\·b: \\'\\·w.rtl,lI111kl'\",I.ì-\P\" , December 18, 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: Aggressive Driver Grant 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. A regional grant application was prepared and the Roanoke Police Department has been awarded grant funding in the amount of $5,000 as a sub grantee of the regional effort. The funding is to be used for overtime and related FICA expenditures associated with conducting selective enforcement activities which target aggressive motor vehicle operators. 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 this grant, are an effective strategy to reduce accidents and prevent injuries. This program will allow officers to concentrate on aggressive drivers at times when such violations are most likely to occur. Recommended Action: I .' I . : 'I' , I . r , .;', ; ,: t, ; Accept the Aggressive Driver' Grant funding and authorize the City Manager to, execute the grant agreements and, any related documents, subject to them ;' . I ' . ":. . "'. being approved as to form by the City Atto'rney. l' ',',', Mayor Harris and Members of City Council December 18, 2006 Page 2 Adopt the accompanying budget ordinance to appropriate funding totaling $5,000 per the following and establish corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund. Aqqressive Driver Grant Overtime FICA $4,644 $ 356 Respectfully submitted, ~ ' ,() /J / d-w.J-<A'L-?Ò~ Darlene L. Burcham City Manager DLB:gws c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police CM06-00210 CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ 15 Church A Vl'llue. S. \V _. ROllnl .t56 R~);mtJke. Virginia 241111-1536 Tl'k'phonl': /5-1-0) S.~;'d-25"'1 F¡¡:-..: (5-iflJ 853-1145 E-mail: I.:Ic:rkt?'o,IW3Iwke\,3..Ç.o\, SHEILA N, f1ARnIAI\ As:.i;;lanICityClcrk STF.PflA~IE ~I, ~lOUN, DK A..:ting City Ckrk December 19, 2006 File #77 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37643-121806 supporting the City of Roanoke's participation in .the Virginia Department of Transportation's Revenue Sharing Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~M,~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, P. E., Director of Public Works Mark D. Jamison, P. E., PTOE, Manager, Transportation Division Ä, ~N\~ IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGll\L'\ The 18th day of December, 2006; No. 37643-121806. A RESOLUTlON supporting the City of Roanoke's participation in the Virginia Department of Transportation's Revenue Sharing Pro¡''J'am, WHEREAS, the Virginia Dcpat1ment ofTnmsportation's Revenue Sharing Program has been available to Virginia counties for many years; WHEREAS, as part of an initiative, the Virginia Department of Transportation's Revenue Sharing Program is available to Virginia cities and towns in a tiered approach to provide iunds for transpot1ationmaintenance and construction activities; WHEREAS, Ihc Virginia Department of Trans pori at ion's Revenue Sharing Program requires matching funds on a one-to-one basis; WHEREAS, the City Manager has idemified four projects for which funds from the Virginia Depal1ment of Transportation's Revenue Sharing Program may be used and has identified malching City funds for the projects; WHEREAS, the City Council for the City of Roanoke ("City Council") desires to submit an application for an allocation of iimds of $1,050,000,00 through the Virginia Deparlment of Transportation Fiscal Year 2006-2007, Revenue Sharing Program; and WHEREAS, these funds are requested to provide funds for transportation maintenance anù construction activities; and K ¡RF-'K1LUTlO:>,ft..R_\'DOT REVE:>IliE S!lARlNG 1~J8(6l)OC :-';OW, THEREFORE. BE IT RESOLVED THAT the City Council for the City of Roanoke hereby supports the City of Roanoke's application for an allocation of $1,050,000,00 through ¡he Virginia Department of Transportation Revenue Sharing Program, ATTEST: 'rn.~ Acting City ClerIc Y.:\RE.'ìOLUTIOI'':'R_\'DOT RF.\'Ul\'UE SIL·\RfNG ]:1806 :)f)C CITY OF ROANOKE OFFICE OF THE CITY MANAGER f',iocl C. T""IM Municip,,1 Building 21:-1 Church Avenue, S.\'V., RlHml 364- R'l"noke, Virgini.l 241111-1~91 Td~'ph'llk' ¡::;...()) s:;.....-~.1:;.... F.l\": (5·lll) SSJ-lIJ1-\ Ci~y \\',.'t>: \\·\\'\\'.nl,11hlkl..·\·,1..~11\· December 18, 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: Revenue Sharing Program Background: The Virginia Department of Transportation's (VDOT) Revenue Sharing Program was made available to Cities for the first time in FY 05-06. These funds are matching funds and may be used for transportation maintenance and construction activities. Continuing last year's initiative, the Commonwealth has made $15 million in Revenue Sharing funds available statewide to cities and towns that maintain their road systems for FY 06-07. Considerations: This year, the most significant change to this program is a tiered approach to providing funds. All requests in a preceding tier must be funded by VDOT before requests in the next tier are considered. The first tier provides funding when the' governing body commits more than $1 million in local funds for a maximum $1 million match by VDOT. If requests to VDOT exceed funds available, first tier requests will be based on the amount of City funds committed above the $1 million match. Additionally, ,based upon the timing of this year's application process, the State will consider unmatched funds the locality has spent this fiscal year if Honorable Mayor and Members of City Council December 18, 2006 . pag e 2 expenditures were spent on eligible items under the revenue sharing program and in accordance with normal state funding requirements. This provides flexibility to use operating funds from the City's annual paving program as unmatched funds which may enhance the opportunity for approval. Staff has identified five projects for which these funds may be used: · Maintenance and rehabilitation of the Walnut Avenue Bridge (which supplements last year's revenue sharing funds awarded to this bridge) · Maintenance and rehabilitation of the Wasena Bridge · Maintenance and rehabilitation of the Franklin Road Bridge over the Railroad · Construction and repair of City curbs and sidewalks · Annual Paving Program Staff has identified $1,000,000 in funding to offer as the City's match from the following funding sources for the above projects: · Curb, Gutter and Sidewalk / Construction and Repair- $250,000 from the account titled "Curb, Gutter, Sidewalk #6" (08-530-9809). · VDOT Highway Project / Local Match - $500,000 from the account titled "VDOT Highway Projects" (08-530-9575-9210). · Annual paving program - $250,000 from the account titled "Paving Program" (01-530-4120-2010.) Staff has also identified an additional $2,800,000 to offer as unmatched funds from the following funding sources for the above projects: · Curb, Gutter and Sidewalk / Construction and Repair- $250,000 from the account titled "Curb, Gutter, Sidewalk #6" (08-530-9809). · Walnut Avenue Bridge Improvements - $ 50,000 from the account titled "Walnut Avenue Bridge Project" (08-530-9511). · Annual Paving Program - $2,500,000 from the account titled '''Paving Program" (01-530-41,20-2010.) Honorable Mayor and Members of City Council December 18, 2006 pag e 3 Recommendation: City Council adopt a resolution supporting the request to participate in the Virginia Department of Transportation Revenue Sharing Program. Respectfully submitted, Darlene L. ~rcham City Manager DLB/RKB/gpe c: Stephanie Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager CM06-0021 5 ~~ - ~n" . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ..\\'enue. S, W.. Room 456 Roanoke, Virginia 241111-1536 Tcleph(lllc: (540) '53-:!5·11 ¡':ax: 1.';·\01 X53·ll"¡S E·m:lil. l'krk(!I=roaJ1('ke"a.~(w SIIEIL,",~, IL\RnlA~ .-\:-;¡,iManl City Ckrk STEPI L\SIE t-.1. ;"100N. CMe .-\rting City Clerk December 19, 2006 File #51-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No.3 7644-121806 authorizing the filing of a petition to amend Proffer No. 2 in the Third Amended Petition filed February 10, 2006, on property which is owned by the City of Roanoke and located at 2102 Grandin Road, S. W., designated as Official Tax No. 1460101. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~J¿~~L.J'YY). ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning, Building and Economic Development ~~\~,:- \'\.0\ IN Tll E COUNCILOF TI j E CITY OF ROANOKE. VIRGINIA, The 18th day of December, 2006. No. 37644-121806. lI. RESOLUTION authorizing the filing of a petition to amend Proffer 1\0, 2 in the Third Amended Petition filed February 10,2006, on property which is owned by the City of Roanoke and loeatcd at 2102 Gr:mdin Road, S,\V" designatcd as Oftìeia1 Tax No, 1460101, WHEREAS, thc City of Roanoke owns ccrlain property locatcd at 2102 Grandin Road, S,W" which is designated as Official Tax ]\,'0, 1460101, on which Patrick Hcnry High School is located; WHEREAS, such propcrty is currently zoned INl'liD, Im;IÏlutional P1anne,llJnit Development District. subject 10 proffcrs; and WHEREAS, it is the dcsire of City Council to consider an amendment of Proffer No, 2 in the Third Amcnded Petition filed Februarv 10,2006. bv modifving Exhibit );0, 7 attached to such Third .. '. -'..... Amended Petition, THEREFORE, BE IT RESOLVED by the Council ol'the City of Roanoke as follows: 1, That public nccessity, convenience, general wclfare, and good ¿oning practice support the iìling ofa petition to amend Proffer ]\,'0,2 in the Third ,t\.mcnded Petition iiled Februa¡y 10,2006, by modifying Exhibit 1\0, 7 attached to such Third Amended Pctition, such modi fication relating to a portion of the Stadium Scetion, J That the City Manager is authorized to file a petition to amend Protkr ;"¡O, 2 inlhe Third Amended Petition filed February 10, 2006, pertaining to thc subjcet property íòr thc purpose of modifying a portion of the Stadium Section, eonsistcnt with this resolution and the letter dated December 1 S, 2006, from the City Manager to this City Council. ATTEST: m.~~ Acting City Clerk, Allth'~'ri=e CI-1 AmE::nd Frcffer.s ;H 12/18íC6 CITY OF ROANOKE OFFICE OF THE CITY MANAGER \.'\wl C. T.ly'!llT Municipal Building 215 ChuTch A\'l~nlll', S.\V., Room 36·1 R\hlllokl~, Virgini" 2-l011-1.::;'11 " ,'kV1h1ill': (:;41) I ",:;."'\-~ 1~.~ F.I\: (:>Wl."'::-'-II ,:-; l..ïl\" \\','h: \\ \\ \\".nl.lIlllkl'\',\ ,..:.,,\' December 18, 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: Amendment of proffered condition for Patrick Henry High School, 2102 Grandin Road, SW, Official Tax No. 1460101 The Patrick Henry High School property was rezoned to INPUD, Institutional Planned Unit Development District, on July 19, 2004, by Ordinance No. 36795- 071904. A request to amend proffered conditions was approved by City Council on February 6, 2006, by Ordinance No. 37303-020606. The petition included the following proffered condition: "2. The school stadium sports facility will be developed in substantial conformity with the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21,2005 and December 5, 2005, respectively, copies of which are attached to this Petition to Amend Proffered Conditions as Exhibits Six and Seven, respectively." After further planning of the stadium facility, a portion of the "Stadium Sections," dated December 5, 2005, requires an amendment to reflect a modification of the "Section through Stadium at 50-yard line" portion of the drawing. No changes to other sections at the 10-yard and the end zone are proposed. Mayor Harris and Members of City Council December 18, 2006 Page 2 The proposed amendment would change the reference to a drawing of "Stadium Sections" dated December 1, 2006, and substitute the newer version of Exhibit 7. Recommended Action: Authorize the City Manager to file an application to amend proffered condition NO.2 on property located at 2102 Grandin Road, SW, bearing Official Tax No. 1460101, as reflected in the attached application. Respectfully submitted, /,,", , / ' ~'4L.~'-/í~~J Darlene L. Burcham ' , City Manager DLB:cc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk R. Brian Townsend, Agent, City Planning Commission CM06-0021 2 DRAFT APPLICATION AMENDMENT OF PROFFERED CONDITIONS Date: December 19, 2006 ~~~~~~£~~1:::~":~~.~:~~~~~~~::OD''''OP_"t illM To: All submittals must be typed, include all required documentation and a check for the filing fee. Application is hereby submitted for amendment of proffered conditions for the property located at: Property Address(es): 2102 Grandin Road, S. ¡oJ. Official Tax No(s): ] 460101 , Existing Zoning: lNPUD, conditional Ordinance Number of Conditional Rezoning: 37303-020606 Name of ApplicanUContact Person: Ci ty of Roan()k~ I Darlen~ I. Hurch,om Mailing Address:, 215 Church Avenue, S. W. "RnnnnkPr VA ?¿011 Telephone: (54q 853-2333 Applicant's signature: Fax: ( ) E-mail: Property Owner's Name: Mailing Address: Same as; above T19lephone: ( ) , Property Owner's signature: Fax:, c..J E-mail: .. . . . DR4 AMENDMENT OF J:r PROFFERED CONDITIONS ROANOKE Date: December 19, 2006 To: Departmentof Planning Building and Economic Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, S,W, Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Ordinance No. 3i303-020606 (attach copies of Ordinance and existing proffered conditions proposed to be amended) Name of Applicant/Contact Person: City of Roanoke Darlene L. Burcham Applicant's signature: Property Owner's Name: Same ¡:¡s above Property Owner's signature: Pursuant to the Section 36.2-541 (c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: See ATTACHMEl\TS (attach additional sheets as necessary) ATTACHMENT 1 DR4Fr Report detailing reasons for Application to Amend Proffered Conditions D~4¡:,. December 18, 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: Amendment of proffered condition for Patrick Henry High School, 2102 Grandin Road, SW, Official Tax No, 1460101 The Patrick Henry High School property was rezoned to INPUD, Institutional Planned Unit Development District, on July 19, 2004, by Ordinance No, 36795-071904. A request to amend proffered conditions was approved by City Council on February 6, 2006, by Ordinance No. 37303-020606. The petition included the following proffered condition: "2, Tile school stadium sports facility will be developed in substantial conformity with the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21 , 2005 and December 5, 2005, respectively, copies of which are attached to this Petition to Amend Proffered Conditions as Exhibits Six and Seven, respectively." After further planning of the stadium facility, a portion of the "Stadium Sections," dated December 5, 2005, require an amendment to reflect a modification of the "Section through Stadium at 50-yard line" portion of the drawing, No changes to other sections at the 1 O-yard and the end zone are proposed. The proposed amendment would change the reference to a drawing of "Stadium Sections" dated December 1', 2006, and substitute the newer version of Exhibit 7. Recommended Action: Authorize the City Manager to file a petition to amend proffered condition NO.2 on property located at 2102 Gra'ndin Road, SW, bearing Official Tax No, 1460101, as reflected in the attached application. Respectfully submitted, Darlene L, Burcham City Manager c: 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. 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'::'j;~ ~~ ~ .-;, '" .::j ;:'-'. ~: :,-1 ;¿U"l :::> -.... -0 0_ « I- I- U U"l w U"l ~I c::¡' æ: JI ...) , t..;'"): t,-· «: ~I <.(' 1-- . ~I ü =>; 0; ~I 2:' ° t'-= u w 0···, ::ª'¡ ."::Z' : lIlW: , ->' ::I:w; )( CIl' W : () 1-? ~ ,;.4 ATTACHMENT 3 Adopted Ordinance No, 37303-020606 And Third Amended Petition to Amend Proffered Conditions " , . " b~ ¡ 4J:'r { IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37303-020606. AN ORDINA.. 'ICE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the condition presently binding upon the development of Patrick Henry High School previously conditionally zoned 11\PUD,1nstitutional Plarmed Unit Development District, by deleting the proffered condition presently binding on the subject property and applying new proffered conditions to the subject property; and dispcnsing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the condition presently binding upon a tract ofland located at 2102 Grandin Road, S, W., being designated as Official Tax No. 1460 I 01, which property 'Was previously rezoned INPUD,Institutiona1 Planned Unit Development District,with a proffer, by the adoption of Ordinance No. 36795-071904, adopted July 19, 2004; WHEREAS, the City of Roanoke seeks to have the subject property zoned INPUD, Institutional Planned Unit Development District, with proffers to be set forth in the Third Amended Petition to Amend Proffered Conditions; WHEREAS, the City of Roanoke Public School Administration held four (4) conununity engagement meetings on November 17, November 22, Deccmber 1, and December 12,2005, on the campus of Patrick Henry High School to solicit input from the community on the design of a school' sports stadium on the subject property; WHEREAS, at its public meeting held on December 19,2005, the School Board ofthe City .' i l' . r' l' . of Roanoke vòted to approve the proffers as set forth in the First Amended Petition to Amend Proffered Condition filed in the City Clerk's Office on December 9,2005; ------. . _. _~_ ._._n.. U_ ....- - -- .. WHEREAS, a Second Amended Petition to Amend Proffered Condition; addressing comments received by the City Planning Commission on December 21,2005, was filed in the City Clerk's Office on December 23,2005, with tjIe concurrence of the adm,inistration of the School Division; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of ROaIioke(1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a Third Amended Petition to Amend Proffered Conditions, reflecting the two (2) additional proffers made by the City at the public hearing conducted on February 6, 2006, will be filed in the City Clerk's Office, the school administration of the School Division concurring with the two (2) additional proffers at the public hearing; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 6, 2006, after due and timely notice thereof as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; WHEREAS, this Council is of the, opinion that the proposed amendment of proffers promotes adequate convenience of access and safety from fire and crime; reduces or prevents .congestion in the public streets; facilitates the creation of a convenient, attractive and hannonious community; allows a neighborhood school to serve better the needs of the citizens who live in the area of the school; encorn:ages high school students who attend Patrick Henry High School to take part in interscholastic sports and engage in other athletic activities; ensures that the athletic facilities will be more compatible with the surrounding neighborhood; facilitates the provision of adequate poÚce and fire protection, schools, parks, recreational facÙities, and other public requirements; protects against danger and congestion in travel and trarisp~rtatiori; and' encourages economiC development activities that provide desirable employment and enlarge the tax base; and WHEREAS, this Council, after considering the aforesaid application, the'recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice require the amcnding of the proffers pertaining 'to the subject property, and that the amending of the proffers is coilsistent with Vision 2001- 2020, the City's Comprehensive Plan, and for those reasons, this Council is of the opinion thaI the condition now binding upon a tract of land located at2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, should be amended as requested, and that such property be zoned INPUD, , Institutional Planned Unit Development District, with proffers as set forth in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code ofthe City of Roanoke {I 979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the changes in proffered conditions as shown in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office, so that the subject property is zoned lNPUD, Institutional Planned Unit Development District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~ 1: ¡¿t~~~ ATTEST: ' City Clerk. L:IATIORHEY\DATA\CU'SI\OIl.DI1'lAJllCES\O.AMEND PROfFERS - 'ATIUCK HENIl.Y (GilANDfN RD) 0206ll6.00C THIRD AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment of proffered conditions on certain property located at 2102 Grandin Road, S,\V., Official Tax No, 1460] 01 TO TJ-IE IIONORABLE MAYOR AND \JIEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 36795-071904, at the request of the City of Roanoke, City Council rezoned the property identified as Official Tax No, 1460101 to ll\'PUD, Institutional Planned Unit Development District, with a proffered condition. A map of the property is attached hereto as Exhibit \. The Petitioner, the City of Roanoke, owns said land and requests that the condition relating to said property be amended as hereinafter set out. The Petitioner believes that the subject amendment of proffer will fiJrther the intent and purposes of the City Zoning Ordinanee and its Comprehensive Plan by permining the development of a school sports stadium on said property. The Petitioner hereby requests that the fo\1owin~ proffer accepted by Ordinance No. 36795-071904 be deleted: I, . The property will be developed in substantial conformity " " with the Site Plan prepared by Rife + Wood Architects dated .. , April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Four and the Utility Plan prepared by Rife + Wood Architects dated April 2. 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Five, subject to any changes required by the City during comprehensive site plan revicw. The Petitioner hereby requests that the following proffered conditions be accepted and substituted for the proffer delineated above: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5, 2005, a copy of which is attached to Ihis Petition to Amend Proffered Condilions as Exhibit Four, and the Utility Plan prepared by Rife';- Wood Architects dated December 5,2005, a copy of which is attached to this Petition to Amend Proffered Conditions as Exhibit Five, 2. The school sports stadium facility will be developed in substamia1 conformity with the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated Dec.cmber 21, 2005 lmd December 5, 2005, respectively, copies of which are attached to this Petition to Amend Proffcred Conditions as Exhibits Six and Seven, respectively. 3. That the usage of the school sports stadium will be limited to high school athletics, graduation ceremonies, and athletic , , eve,nts sponsored through the Parks & Recreation Department of the City of Roanoke, and other youth sports only, 4. That no less than 40% and no more than 60% of all home varsity football games, in a single season, will be played during the daytime hours on Saturday, as the exact number of home football games varies from year to year. 5. That the school sports sladium may be utilized by William Fleming High School, subject to all proffered conditions. William Fleming High School's right to use the Patrick Henry High School stadium shall expire August 31, 2010, 6, That all football games played at the stadium between Patrick Henry High School and William Fleming High School, and any other City of Roanoke high school, will be played during daylight hours only. 7. That all other sporting events, other than varsity football, will begin during daylight hours; lights will only be used in the event of darkness to complete a game, 8, That school sports stadium lighting will not be used for praclices and will be utilized for game play only. 9, That all sound amplification systems will only be used for varsity football games, daytime varsity soccer games, and future graduation assemblies should any be recommended by the administration of the school. " 10. That manua11raffic control will be provided before and after all home varsity football games and graduation ceremonies at the interseclions of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department. II. That the intersection of Lofton Road and Guilford Avenue will be blocked before, during, and after every home varsity football game 10 prcvent vehicular traffic, excluding emergency vchicles, from entering and exiting the Patrick Henry High School campus from Lofton Road, 12. That the service entrance to Patrick Henry High School from B1cnheim Road will be locked and secured to prevent any parking or acccss, excluding emergcncy vehicles and team buses, before, during and after every home varsity football game, 13. That the certificate of occupancy for tbe stadium will not be issued until completion and approval by City Traffic Engineering of a traffic management plan to address event traffic and parking. Such management plan will be done subject to all olher proffers contained in this petition, 14, That the City school administration will conduct at least three public meetings regarding the design of the façade of the stadium, such meetings to he held prior to the issuance of a hui1ding pennit for the stadium, This proffer will be suhject to all other proffers conlaine,d in this petition. Attached as Exhihit 2 are the names, addresses and tax numbers of the owner or owners of aJJ lots or property immediately adjacent to and immediately across a street or road from the subject property, Attached, as Exhibit 3 is the currently approved site plan, dated April 2, 2004, WHEREFORE, the Pctitioncrrcquests that the abovc-described proffers be accepted as hcrein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke , ýIV Respectfully submitted this ~ day of February, 2006, Respectfully submitted, By: ,'}z~£'~i , ,f,-?'z Darlene L. 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",.@, I~ http://gis.roanokeva.gov/servletlcom.esri .esrimap.Esrimap?ServiceName=rnke&ClientV er... 12/4/2006 ATTACHMENT 5 () ~4~ ~ Adjoining \roperty Owners J:xhibi.!..f~ Adjoining Prop~~Own~rs_ ______ __ I Tax No. Owner Name/Mailing Address Property address if different I ___ :, _,_ ____ ___lfro~maili.!!9 address ~ 1551201 1 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW I' L1 1302 Belle Aire Lane I ' Roanoke, VA 24018' ~ . 1551204 ; Ronald and Misty Bingham J' I l' 2412 Guildford Avenue, SW 1 Roanoke, VA 24015 --l :1551205 James andje-nniferMcLeese ----- - - ' , 2416 Guilford Avenue, SW I' I , Roanoke, VA 24015 ' "1551 206¡ ~~~~e~~i~;Oa~~ Ave~ue, S-;;- -1--- - '------1 15-51207 ~;~~~~eW~~i~t~~IL_----+-- ------l 2424 Guilford Avenue, SW 1 !155ï208 !JRaO~:~:~'d~~a~:~~;-1 +---- -- I ' 2428 Guilford Avenue, SW ' '1 5 51209--~Zt~~c~;~.V;i1;:n°l.L,- ---I 2432 Guilford Avenue, sw'l __n ~~~~:e~0Ä4 24015-0744_J_____ ! 15512110: Robert and Edna Weaver I 2436 Guilford Avenue, SW I : ~,~ Roanoke,Y~~401 5 ,_ _'--- _ _ ~ 1551211·BradleyP.Miller I, 1 ¡ 2440 Guilford Avenue, SW -HRoanoke, VA 24015 ------I lliím' RobertD. Lipscomb--~GuilfordAvenue~ SW- I : 2559 Winifred Drive: 1 ~15Sï 213t~~~:~tkb'. ~~s~~~lb8-----11'2502 Guilford Avenue, SW I 12S59 Winifrey Drive ' I ! Roanoke, VA 24018' I 1551214 ; John R. paÙerson'----i-- , I ~~~~o~~~I~ld ~v~ln~e, SW I I ! 1 S S 1 21 5 I David K-. Cumins -,-- - - -12 512 Gu-ilford Avenue, SW Ii , 2735 Richelieu Avenue, SW t"SS12-,]i :~ea;¿:~'.~~g;4014 ,+ \ 2602 Guilford Avenue, SW : : _ R.oano_ke, VA .?401~__1 ¡ 1 55 1217 u~~: ~;;;;Oa:d"ve"":, SW -, --- Roanoke, VA 24015 --4 1-1551218 ; Kenneth (.Dunn -----' 1-- ! 2612 Guilford Avenue, SW , 1--5 51 21 ~ ~~~~~e-i-~~~~~rl 5 - --- -r---' , 2616 Guilford Avenue, SW I · Roanoke, VA 24015_____:__ 1551220 Marvin and Sandra Harrison , 2620 Guilford Avenue, SW : Roanoke, VA 24015 [' 1551221: Colin andJudith Lunsford ! 2624 Guilford Avenue, SW "-- ______ Roanoke, V~..l.!º~ _ _ ,_, ______ i 155122 3 . James and Connie Hogan : 2702 Guilford Avenue, SW I , R()anoke, VA 24015 ,____ ,_ __,_ 1551224 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 ' 1551225 ~~~~'g~i~f~~da~Va:~u~~í~~ --,- ---- --'--1 , 'Roanoke,VA 24015. __ +_______,____~ 1551226 ! James and Janet Hamrick ! , , 12716 Guilford Avenue, SW 1 155122i- JRoOn:nt~~~':~ ~~~l ~Odd---1- -, ~ 2720 Guilford Avenue, SW ' 1 Roanoke, VA 24015 ' íS51228 , Bënjami-ri-'and Ñéïncy Henderson I' 2724 GUilforcI'Avenúe, SW I I 222 Rocky Shore Lane , i Moneta, VA 24121. ..J 11551229 Tammy L. crush ----;------ " : ' 2728 Guilford Avenue, SW 1 I , Roanoke, VA 24015 ' -J L-S51230 ,Theodore and Dianne Smith -¡ ,- I , 2732 Guilford Avenue, SW I w1Roanoke, VA 24015 I ' i1551231 MaryJaneShirley ,---,----- î , ' 2802 Guilford Avenue, SW 1 ' I 1 Roanoke, VA 24015 __ ---1--__-----.:.__-----.:.. '1551232 : Terry and Phyllis Clifton ' ~' · 2806 Guilford Avenue, SW · Roanoke,YA 24015 u__uu_ I I --,-~ -'~ , ~ -~ , I I 2 [155-12331.' ~o;~g~~i1~~~r~~~nue, SW-¡--- -----'~ ,1-,- Roanoke, VA 24015___ _ -- '- --i 1560501' A E H Properties I' 2816 Guilford Avenue, SW I , I ~~~Heidinger Drive ¡ ~,NC 27S11j 1560502 Johnand Nancy Fudge- --¡------. 2902 Guilford Avenue 1 ' Roanoke, VA 24015,____ ~_ _____ 1560503 Katrina A. Mabery Virginia M. Balserak 1 'I 2912 Guilford Avenue, SW Roanoke VA 24015 I : .--" _..._._..~------_._-_.._- --- - --- j 1560504 Michael Lipscomb 1 I Kristie W. Lipscomb 1 ' __~~~~~o~~~I~ld 2~V~;t' SW _ .~ ,__,_,________J 1560505 : Ronald and Margaret Whitlock 'I , ~ ~~~~o~~_~I~ld 2~v~ln~e, SW ,__,__ ___ r 1 S60S06 H' Jeffrey & Michelle Floyd I' [' i 2928 Guilford Avenue , Roanoke, VA 24015 :-ïS6'Ö507- Daniel and Laura -Foutz ,- -1--- ----I . 3002 Guilford Avenue, SW J' i Roanoke, VA 24015 ' ....-, .-- -------,-------.-...--- 1560508 ' Olivia I. Byrd I ' 3006 Guilford Avenue, SW, ' 1 __ .ß,~anoke, VA_ 24015_ _ :_ _ _ __, _ __, ' I' 1560509 , Barbara C. Sutton l Î ,3010 Guilford Avenue, SW : ' :15605 (o-K~'~:akse~~: A~i~~IL~mbdon-+------,-~-,JI' L 13014 Guilford Avenue, SW [' , : Roanoke, VA 24Q~__ ____ __ ,___ j . 1560512 R. Edward and Corinne St. ,[' , George 1 , 3022 Guilford Avenue, SW I 'I Roanoke, VA 24015 --i ' 1560811 Corinne St. George ¡--Oregon Avenue I : 3022 Guilford Avenue, SW I (vacant lot) I C,~Roanºke, VA 24015 ___~_ ' ' _----< 1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, I POBox 1 2847 SW _ Roanoke, V~m 24029 , '_ ' , .. j 3 rï'37090Tcëoffrey and Susan Jënnings -T-- --- , '1 ; 11744 Blair Road, SW ' I I ~ï370701':I' ~~~~do~~'c~:r 24015_ -- T- --- --------l , 1743 Blair Road, SW; I' rn 7ci70itfaon~:~~~'dV~a~:g~~rge'-'--~- ----- ----'l ~lï370306 -¡. ~E~¡~:':X~i~~~¡!bison--I--- ---'--l 2517 Mt. Vernon Road, SW 1 I ; Roanoke, VA 24015 ' , 7030J7 , ~~~n3 a~~ ~ea:~o~i~oad~~:-'-I-- - ,- -------11 ~_ _ Roanoke, V,'\---.£4015__'_ ________ , 1370308 . Seth and Jane Hooper I /' I '~: 2507 Mt. Vernon Road, SW L I ___ Roanoke, VA~_4015 ,_,______------j I 1370309 'Beau and Emily Adams: I I ,2501 Mt. Vernon Road, SW I ~í3503ö~f¡~:~~k~: ~:rl;y4Q~,---'--r- -- '-11 I ' 2429 Mt. Vernon Road, SW iTI503Ö-,--f ~~~nU~~~¡I~:nd2b~~~neVance----J - -------~ l__~~:~;~,s0nle;4Root~,SW _ _J ___ _H____I , 1350311 'I Kermit and Elizabeth Hale I 1 , 2222 Blenheim Road, SW 1 ~__' Roanoke, VA 24015 J-, _,_ - 1350312 [' Douglas Viehman: I : Diane Naff I I I '2216BlenheimRoad,SW i ' '1'J35030ij :~~:~dk~e~~e;s:Onl,~¡----'I-H------- I I Shirley Cawley 1 I , , 2421 Mount Vernon Road, SW , I I --' Roanoke, VA 24015 __,1- ' 1350209 -I Michael and April Snow I:' I[ I ~639 Persinger Road ' 1 ~oanoke, VA 24015 --+--. I : 1350201 . Harriet G. Vance ' ' I I ¡ , 1656 Center Hill Road, SW 1 I L-__-.LRoanoke, VA 24015 ___ 4 I ~ 1350114 Christopher and Kelly Kaze , 1647 Center Hill Road Roanoke, VA 24015 ' h450729 James and Cinda Brown 11702 Brandon Avenue, SW , ~~oke, VA 24015 145072 ~ Center Hill Drive, S. W. 14 7 MIC ae an at y Pegram 1824 Brandon Avenue, SW 1-'---- I Roanoke, VA 24015 14507191 Mark E. Barker 1828 Brandon Avenue, SW ____0"' Roanoke, VA 24015 1450718 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 1450717 I Gerald and Drue Danz ' [1836 4069 Poplar Grove Drive , Vinton, VA 24179 1450716 M & W. 'prope.rties : 1840 , 4423Brentwood Court , Roanoke, VA 24018 - ..- - 145072 _J 1450725 ! Frances Kastler 213 S. Jefferson St., #1007 , Roanoke, VA 2401J , 1450724 ' Bruce and Patricia Tolson I 1806 Brandon Avenue, SW Roanoke, VA 24015 1450723 I Stephen G. Ellis I Jerry P. Ellis ì 1810 Brandon Avenue, SW Roanoke, VA 24015 , 1450722, Frances Kastler 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450721 George C. Koss 2854 Fairway Forest Circle Salem, VA 24153 50 20Th I d C h 7 Dale and Lora Wilkinson , 1710 Brandon Avenue, SW Roanoke, VA 24015 6 i Jack and Ruth Meadows 1714 Brandon Avenue, SW Roanoke, VA 24015 I 1802 Brandon Avenue, SW 1814 Brandon Avenue, SW I 1818 Brandon Avenue, SW I 1 BrandonAvenue; SW Bran~<?nl\ve':lue, SW . . 5 , - , Brandon Avenue, SW 1 (vacant lot) ~ 902 Brandon Avenue, SW 1450715 George Williams 1 994 Brown Gap Tp Charlottesville, VA 22901 1450714 : George Williams 11994 Brown Gap Tp I ¡ I Charlottesville, VA 22901 I 14507f3IGeorge Williams ' : I i ! 103 Fourth Street , ' i I Bluefield, WV 24701 -. -- I Brandon Avenue, SW ; (vacant lot) i Frances Kastler - - --, 1450712 1 910 Brandon Ave , 213 S. Jefferson St., #1007 I Roanoke, VA 24011 1450711 Frances Kastler 1 914 Brandon Ave 213 S. Jefferson St., #1007 Roanoke, VA )4011 ,- 1450710 Michael Holland 1918 Brandon Avenue, SW I 11450709 Roanoke, VA 24015 L Vernon E. Jolley, Jr. I I 1922 Brandon Avenue, SW 1'450708 Roanoke, VA 24015 ,- Claude and Mary Hodges 1926 Brandon Avenue, SW Roanoke, VA 24015 11450707 Buddy Mason and James George 1930 Brandon Ave 110 E. First Street nue, SW nue, SW ~ I , Salem, VA~41 53 1450706 ' Darrell R Craighead n-ü~ 1934 Brandon Aven~ I POBox i 373 , r , Salem, Vf\_-1_41 53 ¡ i938 Brandon Avenue, SW 1450705 Curtis E. Fuller 1942 Brandon Avenue, 5W -1 Roanoke, VA 24015 1450704 I Curtis and Ellen Fuller' , 1942 Brandon Avenue, SW - ¡ Roanoke,VA 24015 1450701 Trustees, Unitarian Universalist I 1450315 Church of Roanoke 1450314 2015 Grandin Road, SW 1450313 Roanoke, VA 24015 , 1450214 David A. Rogers . , 2103 Grandin Road, SW . , , , [ Roanoke, VA 24015 6 r450213 I Benhamin C. Dàvis- , 'I' 2111 Grandin Road, SW , Roanoke, VA 24015 I' 1450212 rGeorge and Elizabeth Marsh 2121 Grandin Road, SW : Roanoke, VA 24105 m40524 Elaine A.- Noell, Trustee I - ! 2201 Grandin Road, SW , Roanoke, VA 24015 1540523 Neale and Mary Huff 2215 Grandin Road, SW Roanoke) VA 24015 ! 1540522 ' Diana Kyle' Robert Salyer 2223 Grandin Road, SW F'" Roanoke, VA 24015 1 540521 Curtis Fooks Nan Rae Marion , 2231 Grandin Road, SW : Roanoke, VA~_40,15 1540520 Jeffrey and Christina Hatch 2239 Grandin Road, SW Roanoke, VA ,24015 I 1540519 James P. Gilmer, III Jill M. Arliss 2243 Grandin Road, SW Roanoke, VA 24QL~_ 1540518 Herbert H. Smith, II 5551 Catawba Valley Drive Catawba, VA 24070 1540324" Craig and BarbaraJohnson 2343 Carter Road, SW Roanoke, VA 24015 1540330 Trustees of St. Elizabeth's Episcopal Church POBox 4706 Roanoke, VA 24015 1560901 City of Roanoke City Woodland Park 2.15 Church Avenue, SW Roanoke, VA 24011 _n_ 7 I j 1 I I I I I I i 2255 GrandinRoad, S·W I ----i I , 2371 York Road, SW I MO",90~"Y. Am", SW , . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S, W.. Room 456 Roanoke, Virginia 24011-1536 Teleph~ll1e: (S:¡O) ~53-.!:'i41 Fax: (540) S53·ll·15 E·mail: ...:lcrkl.èf(lilm.ke. a.go\' SIIEILA 1', II'\RTMA~ As~is(anl City Ckrk STEPHAI'IE M, ~IOO:\, C~IC ACling City Clerk December 19, 2006 File #77-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 37645-121806 authorizing the City Manager to submit an application to the Virginia Department of Transportation for a Safe Routes to School Project grant to provide funds for infrastructure improvements to facilitate students walking and biking to school as well as program support through the development of a Safe Routes to School plan; and authorizing the execution of the necessary documents, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~M.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Mark D. Jamison, P. E., PTOE, Manager, Transportation Division Ian D. Shaw, Senior City Planner Donnie Underwood, Parks and Greenway Planner /. <S\, S v\'ìJ~ \f. . IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGl:'JLA., The 18th day of December, 2006. No. 37645-121806. ^ RESOLUTION authorizing the City Manager 10 submit an application to the Virginia Department of Transpol1ation for a Safe Routes to School Project grant to provide funds for infraslructure improvements to facilitale students walking and biking to school as well as program support through the development of a Safe Routes 10 School plan; and authorizing the exec\Ilion of the necessary Jocuments, upon certain terms and ellllditions, BE IT RESOLVED by the Council of the City of Roanoke that: 1, The City Manager is hereby authorized to submit an application to the Virginia Department of Transportation for a Safe Routes to School Project grant to provide funds for iniÌ'astrueture improvements to faciliiate students walking and biking to school as well as program support through the development of a Safe Roules 10 School plan, as more particularly set forth in the letter datcd December 18,2006, from thc City Manager io this Council. 2, The City Manager is hereby authorized to execute any forms necessary to submit an application, snch forms to be approved as to fonn by ihe City Atlomey, and to tùmish sllch additinnal information as may be required in cOlmeclion with the City's submission of this application, ATTEST: ~tn, M~ " Actmg C1tYC]er;,~ ~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. T.lylor ~vlunicipal Building 215 Churl'll Avenu(', S.\V., Room 364 l{oar1l)"ê, Virgini~, :!4ül1-ISIJ] Tl'ltThl':'t:: (:>-lll¡ s5~-~~.'.-; 1:.1\: (5·ltl) ....:;3 II YS City \\'\'1>: W\\'\\'.rll,lIll.lkl'\"l.gO\' December 1 8, 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 to Apply for a Grant from the Virginia Department of Transportation for Safe Routes to School Project Grants Background: Safe Routes to School (SRTS) is a federally funded grant program that aims to improve conditions for bicycling and walking to school for students in grades K - 8. The Virginia Department of Transportation (VDOT) is managing these funds and is soliciting applications for and will award grants to local jurisdictions within the Commonwealth of Virginia. SRTS consists of two components: program grants for planning, education and outreach, and project grants for specific infrastructure projects. City of Roanoke and Roanoke City Public Schools staffs have met on several occasions to discuss the opportunities provided by these grants. The SRTS program will have many potential benefits as follows: · Encourage active lifestyle for school students. · Provide safety training and outreach to students and parents. · Provide infrastructure improvements (e.g., sidewalks, crossings, multi-use trails) to improve safety for students walking or biking to school. Mayor Harris and Members of City Council December 18, 2006 Pag e 2 Roanoke City Public Schools has applied for a SRTS Program Grant that will provide funds for safety education and outreach. In conjunction with the Program Grant, the City of Roanoke will assist Roanoke City Public Schools in the development of a SRTS Plan that will identify existing and potential safe routes to school, activities to encourage students to walk and bike to school, and potential projects for the City's elementary and middle schools and their surrounding communities. The City of Roanoke would like to pursue a project grant at this time to complement the SRTS program the City Schools is developing. The project grant will provide funds for infrastructure improvements to facilitate students walking and biking to school. VDOT can fund up to $500,000 per project application. No City matching funds are required for the grant application. The two proposed projects for the initial SRTS Project grant are as follows: 1. Forest Park Elementary - a. Connection improvements between the Lansdowne Public Housing Development and Forest Park Elementary with connections for other nearby apartment units. b. Crosswalks at Melrose Avenue and Salem Turnpike. c. Sidewalk improvements in the Villa Heights neighborhood, north of the school. 2. Addison Middle School - a. Multi-use trail extension to connect Villages of Lincoln and surrounding residential development to the Lick Run Greenway, Lincoln Terrace Elementary School, and Addison Middle School (all connections would be in Washington Park). ,b. Sidewalk connections along Carver Avenue. .c.' , Sidewalk improvements in neighborhoods surrounding Addison Middle School. ., The grant application will be submitted by the City and will be prepared by a joint team from the City (Planning, Parks and Recreation, Transportation and Mayor Harris and Members of City Council December 18, 2006 Page 3 Engineering) and City Schools (Facilities, Physical Education, Transportation and Grants). The Transportation Division will manage the grant funds for the projects coordinated by the above-mentioned team of City and City School staffs. It is envisioned that this initial project grant will act as a pilot project for future grant applications and collaborative projects between the City and City Schools to address SRTS issues throughout the City. Recommended Action: Authorize the City Manager to submit an application to VDOT for a Safe Routes to School Project grant application for the above-mentioned projects and provide program support through the development of a SRTS plan. Authorize the City Manager to take such actions and execute such documents as necessary to submit the application, such documents to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. B rcham City Manager DLB:is c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Mark Jamison, Transportation Manager Ian D. Shaw, Senior City Planner Donnie Underwood, Parks and Greenway Planner CM06-00214 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chureh A venue. S, W.. Room 456 Roanoke. Virginia 24011·1536 T t'lephonc: t54Ûl 85.~-25~ 1 Fa:'!.: \5-t0) 853-1 J-l-S F.-mail: clcrk@roanokc'o'a.gov SHEilA N. HARnfAN As:.i:.tant CilY Clerk STEPHANIE M, MOO~, CMC ACllng City ('Ielk December 19, 2006 File #5-178-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 37646-121806 authorizing the City Manager to enter into the 2006-2007 Community Development Block Grant and HOME Investments Partnerships Program subgrant Agreement with Blue Ridge Housing Development Corp., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, J:t;;¡.It~ h1. M þ fHV Stephanie M. Moon, CMC' . C Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader / c§'\ ~(o \'\-\. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2006. No. 37646-121806. A RESOLUTION authorizing the City Manager to enter into the 2006-2007 Community Development Block Grant ("CDBG") and HOME Investments Partnerships Program ("HOME") subgrant Agreement with Blue Ridge Housing Development Corp. ("BRHDC), 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 2006-2007 Community Development Block Grant (CDBG) and HOME Investments Partnerships Program subgrant Agreement with BRHDC, approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated December 18, 2006. ATTEST: 1t;:¡I¿ IJ.,· ~ .J'rv), ~~ Stephanie M. Moon, CMC Acting City Cleric .: 'R..".SOl.l': f1C"¡:"·J{ Cli1(; ;:(,):>Œ N::> UP.H';)(' 1;;1 E::l6 Due ¡ . ".':' ~.:.~ -,~?~~:':.. \ (~~~~') '~'~~~~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER J\(wl C. T<l!'lnr ~vll1nicip.,1 Building 21=, Church A\'t.~nllL', S.\V., Room 36-1- RO<H'lOke, Virgini<l 2·Hlll-"l591 r..I''i'hnnv: t:>.JI! :":;.1-2:~):\ F.1\: 1:-41)) ...::;:; I J :t-.: ( il\" \\"'l~' \\"w\\'.rll.l11ok,,\ ,1.\'1'\" , December 18, 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: 2006-07 CDBG/HOME "Officer at Home" Agreement with Blue Ridge Housing Development Corp. (BRHDC) Background: Since 1996, BRHDC has conducted numerous housing programs for the City using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds. Among these has been the well-received "Officer at Home" (OATH) program, which has rehabilitated two houses in our core neighborhoods for homeownership. Through attractively-priced, lease-purchase agreements, a City police officer now owns a home in the Belmont neighborhood, and another officer is in the lease phase for a home in Gainsboro. A third OATH home is being developed, also in Gainsboro, as part of the Project GOLD revitalization activities continuing in that neighborhood. Considerations: As part of the Consolidated Plan approved by City Council for the current fiscal year, $222,320 in CDBG and HOME was authorized for use by BRHDC to develop additional OATH housing. With leveraging of resources by BRHDC, it is anticipated that at least two (2) additional homes can be rehabilitated for homeownership by City police officers. Because HOME funds comprise most of the approved funding, the officers' families will have to qualify by income. Should no officers evidencing an interest qualify for the homes, they will be marketed to other City public safety The Honorable Mayor and Members of Council December 18, 2006 pag e 2 employees before being offered to other City employees and the general public. In order for BRHDC to undertake these additional housing activities, City Council's authorization to execute a subgrant agreement is needed. Necessary CDBG and HOME funding is available in the accounts listed in Attachment A of the draft Agreement, which is included with this report. Recommended Action: Authorize the City Manager to execute the 2006-2007 CDBG/HOME subgrant Agreement with BRHDC, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bu City Manager DLB:feb Attachment c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM06-00211 AGREEMENT This Agreement is made and entered inlo this _ day of .2006. by and bet weenlhe following part ies: The Grantee: City of Roanoke. Virginia 215 Church Avenue. S,W, Rllanoke. Virginia 24011 The Subgranlee: Blue Ridgc' Housing Devclopment Corpllral ion. [ne. 510 11th Street, N,W, Roanoke. Virginia 24017 WITNESSETH: WHEREAS, by Resolution No, 37391-051106. the Connci1 of the City of Roanoke. Virginia. ("Council") approvcd the 2006/2007 Annual Updalc 10 Ihe Conslllidated Plan for submission 10 Ihe U,S Deparlmentof Housing and Urban Dcvclopmenl ("[-IUD"), including Ihe Subgrantee's 2006/2007 aClivities to be assisted with Communily Development Block Grant ("CDßG") and HOME Inveslmenl Partnerships Program ("HOME") funds: and WHEREAS. by Resoltnion No. 37423-061906 and by Ordinance No. 37422-061906. Cllunci[ accepted and appropriated the 2004/2005 CDßG and HOME funds: and WHEREAS. by Resolulion No. _-121 R06. Council approved Ihe execulion of a subgrant agree men I ("Agreement'·) betwccnthe Grantee and Ihe Subgrantee: NOW. THEREFORE. Ihc parties hereto lIlutually agree as follows: I, SCOPF. ()J< SERVICES: a, General -- The services to he performed by Ihe Subgrantee under this Agreemenl shall be known as Ihe "Offieer at l'lome (OATH) Program" and have as Iheir pnrpose the construction or rehahililalion of housing to benefil cligihle homebuyers. as described below. This general scope of services shall be accomplished through a combination of CDBG and HOME funding provided by the Grantee and other funds sceured by the Subgrantee. General responsibilities of the Suhgranlee:shall include: markeling and outreach: receiving and processing appliealions. including packaging loan applications for supplemenlal funding SOlll'Cl'S: 'overseeing eonstruclion/rehabililalion work: holding deeds of trust. eovcnanls and/or homeowner granl agreements (specific 10 this Agreement): monitoring completed projecls: and such olher services I , I,' as may be, appropriate to comply wilh applicable federal regulations, The Subgrantcc shall provide all personnel required \(l perform the services under Ihis Agreement, withinlhe limils of funding provided. All of the serviccs required hereunder will be performed by the Page 1 of 22 Subgranlee or under ils supeJ'\'ision. and all personnd ,'ngaged inlhe work shall he fully qualified 10 perform such services. b. Housing Devdo1ment - The Subgranlee shallundenake the devdopmenl of single-family housing through rehabilitation of exisling housing. reconstruelion of housing or new cunslruetion, First l'Onsideralion for development siles shall he giwnlo properlies 'll·quired by Ihe Suhgranti.'e under the "Demolilion found" activilies lïnanL'L'd hy the Grantee under a sepamle agreeml'nt. As a Class A ConlracllH'. Ihe Subgrantee may act as the General Conlractor or obtain sud] seJ'\'ice's through a pn)curement process. individually by unit or collectively for all units to he developed, All housing shall be d,'wloped in a manner l'l.Hlsistent with the Neighborhood Plan and any design overlay vdlich may apply 10 each developmenl sile ul1lkr consideralion. and \Vilh due opporlunily for rcvie'w and commellt givcnto the re'cognized neighhorhood org:l1Ii¡;ation(s) and such LIther stakcholders as may he appropriale', Pl'rl'ormance Faclors: 1\ is ,'xpe'cte'd thatlhc Subgrantee shall complcle and sell to digible buyers al !c'as! 2 single-family units, c, Lcasl'-Pun:hase Oplion- Whcr"the financial condition of an intC'l1lkd buyer dictalö. Ihe' Subgmnlee' may olTer a lease-purchase option. ( I) Lease Period - TIll' lease-purchase agreC'menl shall rC'quire Ihalthe' buyer elose' on the purchasl' within 36 monlhs of signing the agreement. Note: In accordance wilh 24 CFR lj2.254ta)(ii)(7) of the HOME regulations. "Ii' any HOME funds arc uSe'd to acquire housing that will he resold to a home' buyer through a Ica",'-purchase program. the HOME alTordabilily requirC'menls for rC'nlal housing in * 1.)2,252 shall apply if the' housing is notlransferre'd 10 a homebuyer within fllrly-Iwo months aner projecl compktillll," (2) Lea,'e Payment Amount and Distribution - ThC' amounl of a monlhly lease payment for housing developed under this Agn:C'mcnl shall be as mutually agreed upon belwee'nthe Gralllee and the SuhgranteC'. The monthly lease payme'nls shall he' distrihuled to: (a) A manageml'llI fee payabk Wthe Subgran\ce: I h) A maintenance escrow to he held hy thC' SuhgranlCC' for such repair nC'C'ds as may oecur during IhC' kase period: and (c) A downpaymcnl and closing costs assistance escrow In he held by tIll' Suhgrantce (lr us,' hy or on behalf of the homebuyer. consistent wilh the requirC'mC'nts of the Real btate Selllement Procedures Ae'1 IRESPA), The amounts of the fee 'and escrow" shall be as mutually agreed upon by the Granlc'l' and Subgrantee, Any balance remaining from the monthly lease payments shall be remilled to Ihe Grantee as program income. in aceordanœ\vilh section 3,b.. exeeptlhat rl'millanee need nul be made UI1lil the accumulated amount uf such program income excCC'ds S500.00. The maintenance escrow and 'lilY program income pending ,remittance shall be held in a nOll-inlerest-bearing aCCOUllt. Page 1 of 21 d, Eligible Homebuver - An "eligible homebuyer" shall mean a bousehold purchasing Ihe home for use as its principal residence and whose income. projected for the succeeding twelve months and adjusted for household size. docs not exceed RO% of the area median eSlablished hy HUD and in elkel at the lime Ihe lklennination is made. The Suhgranlee shall prepare. and retain wilh records oflhe projecl. documentation of its delenninalion and verificalion of each household's size and income, The household musl sign Ihe conlracl for purchase or lease-purchase agreement within six monlhs of Ihe delenninalion or else the eligibilily mUSI be redetermined, e, Allowable Exnenditures - EXl'Cpl as indicated below. funds provided by Ihe Granlee under Ihis Agreement may be used by the Suhgrantee for hOlh hard and sofl development COSls. including. bul not limited 10: properly surveys. appraisals. environml'nlal reviews and acquisitiou: demolilion and clearance: construction labor and materials. including required infraslructure improvemenls: inlcrcsl expense: Iitle. recording and legal fees: and laxes. exlermination. inspection and olher closing cosls, CDBG funds shall nol be used for new housing conslruction costs, Ahsenl the Granll'e's prior approval. the Subgralllce shall not use funds provided under this Agreemenl 10 acquire (1) any nonexpendable personal property. ineluding equipment. (2) any real properly at a price exceeding the value del ermined through appraisal. l'Ïly assessmenl or other appropriale method or (3) acquire any property thai is or would be oeeupied by legallenanls after Ihe inilial aequisilitln contact wilh the owner. Under no circumstanl'Cs shall funds be expended for liens. fines or penalties associated wilh any property aeljuired or to be aequired, The maximum amount of HOME funds which may he expended 10 assist a unit shall comply with Ihe limits specified in seelion 11,a, below, f. Period of this Agreement - This Agreement shall he effective as of _ _. 2006. and. unless amended. shall end _ _. 200_, g. Budgel- CDßG and IIOME funds provided by Ihe Grantee under this Agreement shall be as detailed in Allachment A, At Ihe sole diseretion of Ihe Granlce. any funds remaining unexpended as of Ihe end date of this Agreemenl may he deobligaled fromlhe Agreement and made availahle for olher CDBG or HOME projects. as appropriate. The eOlTlmitmenl of fuuds hy the Grantee 10 this Agreemenl shall nol he construed as a commitment hy Ihe Granlcc to provide further funding 10 Ihis project. (1) Suhgralllce Construction Financing - In order 10 construct within the peritld of this Agreemelllthe numher tlf units called for in section 1.1'0.. Ihe Subgrantee will use its line of credit for needed addilitlnal conslruclion finanL'ing, The minimum amounl of conslruclion financing anlicipated, from thl' Subgrantee is $_.,__.00, (2) HOME Match - HOME funds provided hy Ihe Grantee under this Agreement are suhjeet 10 Ihe malch requirelTlenls of 24 CFR 92,218 Ihrough 92,222, The Subgranlee shall assist in meeling Ihis requiremenl Ihrough such sources as Ihe cash value of foregone yield allribulable to the below-market inlerest rate on nonfederal permanelllmorlgage financing (such as VIIDA SPARC funds) provided 10 a homehuyel'.' The Suhgrantcc shall document and. in aceordance with seel ion R. regularly report all accumulated I'IOME match credit. Page 3 of 22 J REOlJESTS FOR DISBURSE:\ŒNTS OF FlJ:\I)S: a, Dishurscn1L'nls undcr Ihis Agrcclllenl shallnol he reljul'sled unlillhe funds are needed for paymenl of digihle cllsls, The amounl of cach dishurscmenl rcqucsl musl he lillliled IOII11' amounlnccded, h, Rl'quests I'llI' dishursemcnl of funds shall hc suhmilled to lhe Gralllcl"s I'rojecl Managcr. if any. or Dcpartmenl llf Housing and Neighborhood Sel'\'iees and shall include copics of invoices or other appropriale dlll'lnncntaliun from eonlractors or llther entilies 1<:'1' work pcrformed orellsls incurrcd, In Ihe casc llf property acquisitions. rCljuests shall inelude selllcmenl slalemcms and properly appraisal or aSSl'ssnh~nt dOl'umenlation. The usc of slandard American Inslilute of Arehilecls u\IA) forms is prcferrcd for rl'LJuesting disbursemcnl of funds I'llI' l'onslruclion costs, Upon approval of Ihe request hy Ihc Projeel Managcr and/or Deparlment of Housing and Neighhorhood Services.lhe Grantee shall disburse the funds tlllhe Suhgranlee, Approval of dishursemenl requests V\'ill bc suhjecllo limely rcceipt of n1llnlhly Suhgralllee rcporls (see scelilln 8 helow). c, All rl'LJuests for disbursemenls with respeclto costs incurred during Ihe period oflhis Agreemcnl. as sel forth in scclion 1.1',. musl be reeeiv-cd by the Grantee within 30 calendar days of Ihe ending date of this Agreement. Thl' Grantee shall not be bllund to hO]lllr requests for disbursemenls rcceived after tbis 30-day period has elapsed, 3. PROGRA\t INCOME AND REPAY\ŒNTS: a. Proceeds li'om Housing Sales: (I) Upon the sale of a properly assisled with CDBG all(Vor HOME funds under this Agreemenl.the Suhgralllee may use the pl'lleceds to rei ire any deb I or rl'cover any unreimhursed expenses il has incUlTl'd that is allribulahle to ils developmenl of Ihe properly. Thereaner. the Suhgranlee may rcceil'e a developcr fee cquallo 10';!- of Ihe sales price of Ihe property paid hy Ihe homehuyer. Any proceeds remaining shall be' remilled wlhe Granlee as program ineomc. Should the sales proceeds he insuffieienl 10 allow the Suhgrantee III relire ils deht. rCCllwr its unreimbursed cxpcnses or receiv'e its dcveloper fcc. thc Granlee shallnol he liahle for Ihc insufficiency, (2) In the event a properly is assisll'd hy hoth CDBG and HOME funds providcd under Ihis Agreemen\. Ihe (jranlCl:=s share rerercnc~d in subseclion (1) above shall he dislribuled to CDUG program income or HOME program incomc according 10 Ihe percenlagc cach source is oflhe 10lal CD KG and HOME funds eonlrihuled to the proPl'I'Iy, h. All pmgram income. repaymenls. imeres\. and Granlee shares of pl'llCl:eds or other relullls on the inveslml'nl of CDBG and/or HOME funds shall be suhmilled 10 the Granlec hy the Suhgrantee on or hcfore Ihc lïneenth of Ihe n1llnlb following eolleclion, ~ ' 4, AFFOlWAßIIJTY: I, a.; The Suhgrantee shall ensure Ihal.properlies assisted wilh HOME funds under this Agreemenl comply wilh lhe allordahility requirements al 24 CFR 92,252 and 92,254. as applicahle. induding. but not limiled 10. Ihe following: Page 4 of 22 I I ) Wilh respecl to housing newly construcled or rehabililated for sale: (a) Buyers of Ihl' propl'rties shall be e1igihle families. as described in section I.d, ahow: (h) Neilher the value nor the salc price of Ihe housing shall exceed Ihe Seelion 203(h) limits prOlllulgated by HUO: and (c) For up to 15 years. depending on Ihe amount and form of HOME and/or IIOME/CHOO assislance provided. eilher resale restrielions or repaymcnt (reeaplurc) requiremL'l1ls will he imposcd on the buyer, These provisioll.s shall he enforced by a wrilll'!] t'llvenanl dl'c1ared hy Ihc Suhgrantee and recorded wilh the properly deed, The cO\'enanl shall providc lhat the Grantee he nolified of any pending sale or Iransfcr oflhe property during the applicahle period of affordahilily, If alTordahility provisions are nol melupon sale or Iransfer of the propeny. up Illlhe fulll-!OME invcstmelll. as applicahle. shall be rl'paid 10 thc Granlee. (2) All CO\'l'nanls or olhl'r instrumcnts shall hc appl'llved as to form by lhc Granlee, b. Thc Subgranlec shall monillll' all HOME-assisted properties to cnsure maintenanœ of their allordability for Ihe minimum period. This Suhgranlce rl'sponsihility shall continuc so long as this Agreemenl or any olher CDBG- and/or I-fOME-funded Agrcement with Ihe Grantee remains in efkct. 5, ENFORCK\Œyr OF Tl'IE AGREK\lliNT: a. In lhe event Ihe Suhgranh?e mall'rially fails 10 comply wilh any IeI'm of Ihc agreement. thc Granlee may suspend or lel'lninale. in whole or in pari. this Agreemenl or take other rcmcdial actio!] in accordanl'C wilh 24 CrR H5,43, The Agreement may be lerminated for l'onveniencc in accordance wilh 24 CFR H5,44. h. In the e\'cnt the Suhgranlel'. without prior wrillen approval fromlhe Granlee's Deparlment ofI-fousing and Neighhorhood Services. tcrminall's Ihe projecl prior to eompleling all units for which HOME funds havc been dishursed. Ihe Suhgranli.'C shall he liable for repayment of all I-fOME projecl. administrative or operating funds disbursements. wlwlher or not cxpelHk'd, h, REVERSIO", OF ASSETS: a. UpO!] cxpiration or lerminalion of Ihis Agrl'ement. including any amendmenls lherelo.thc Subgranlee shalltranskr 10 Ihe Grantee any CDBG or HOME funds or CDBG or HOME Program Ineomc on hand at the limc of expiration or lerminalion and any accounls reœivahle altribulahlc 10 Ihe use of CDBG or IIOME funds, b, Any real property under Ihe Suhgrantce=s conlrlllthat was acquired or improved. in "vhole or in pan. with COBG funds in excess of S25.00(l: ( I ) Shall conlinue for a period of nol less'lhan five years following expiration of this Agreemenl. including any aJ'nendmenls therelo.lo hc'used to mcct one ofthc CDilG nalional objectives cited in 24 CFR 57(l,208: or Page 5 of 22 (2) If the property is not uSl'd in al:CllrdanL'l' Wilh paragraph (I l ahove. the Suhgranle~ shall pay the Granle~ an amount equal to the currenlmarkel \'aln~ of the properly less any portion of the valne allrihutahle \ll expenditures of non-CDBG funds for thl' aequisilion of. or imprO\'l'nlenllo. the properly, The payment shall he cl\llsidered Program Income lolhe Granlee, 7, RECORDS REOt:lRE~IENTS: a, Rewrds to he mainlain~d - Al a minimum. the Subgranlee shall maintain financial and projecl documenls and r~cords which wmply wilb Ihe requirements of 24 CFR 92.508. 570.506. and 570,507. as applic<lhk, h. Period of r~cord retl'nlion - In compliancc wilh the requiremenls of 24 crR 92.501:\(C) and 570,502(b).lh~ Subgranlee shall retain IÏnanei<ll <lnd project documenls and records perl<lining to Ihis Agreement for a period of four (4) or five (5) years. as applic¡¡hk. llr the conclnsion of any leg;i1 or <ldministrative proccss requiring their use. whichever is laler. c, Aeœss 10 records - The Granlee and olher entilies shall have access to IÏnancial and projeet documents and records pertaining to this Agreemenl in compliancc wilh the applicahle requirements of 24 CFR 1:\4,53 and LJ2,508(dl. g, IŒPORTJM; REOlJIREMENTS: a. By Ihe 7th working day following Ihe end of each month. the Suhgranlee shall rl'portlhe progress of aetivilies covered by this Agrccment. in a format aeœptahle to Ihe Granlee's Ocparlmenl of Housing and NeighhorhllLlJ Serviœs, Such mOnlhly reporls shall inclnde. bul nOI be ¡imjl~d to.lhe IÒllowing: (I) A narralive section sUlllmarizing progress Io-date onlhc' project. inclnding aflÏrmative markeling activities: (2) Certificalions regarding deharmcnl and suspension of C("ltractors. as descrihed in seclion 11,j. : (3) il.list of monthly gross program income receipts from all sources: (4) A list of any real or non-expcndahk personal properly. including equipment. purchascd wilh CDBG and/or I'IOMI: fnnds: (5) A cUl11ulative lahk itemizing HOME Match ercdil documcnted: (6) l\ lahlc for each program providing data on each housing unit and eligible household assisled (scc Attaclllllenl B IÙr minimulll data c1el11enls 10 hc rcporled); and (7) A tahk providing demographic dala on Ih~ households assist~d (see Allachment C for Ih", Grantee's slandard format) þ, The Suhgrantce agrees 10 suhmil all)"olh"'r reports or documental ion as r"'qu",sled by Ih", GranlC'è' l'\lncerning activilies cO\Tr",d under this agrccment. Pag", 6 of 22 l), MO:\'ITORING: The Subgrantel' shallmonilor the progress of the projeel( s) covered by this Agreemenl. and shall submit appropriale reports 10 the Granlee's Departmenl of Housing and Neighborhood Services, In addilion. it is the Grantee's inlenlion to monilor the Subgrantee's performance and financial and programmatic Cllmpliance. which may include on-site reviews. alleast once during Ihe period of Ihis Agreemenl. 10, A\'NUAL AUDIT: As an elllity receiving more Ihan 5300.000 in federal funding from Ihe Granlee. the Subgranlee shall provide I'llI' an annual independenl audit oflhe CDBG/HOME expenditures under this Agreemenl 'Nhieh complies with OMB Circular A-133, Within 30 days following its eomplelion. two (2) wpies oflhe audil will be provided to the Grantce's Deparlment of Housing and Neighborhood Services, 11, OTHER PROGRAM/PROJECT REQUIREMENTS: In addition to other requirements sel forlh herein. the Subgralllee shall likewise comply with the applil'able provisions of Subparts F and H of 24 CfR pal'l l)2 and Suhparl K of 24 CfR 570. in accordance with the type of project assisted. Such olher requiremenls include. bul arc not necessarily limiled 10. Ihe fllllowing. a, Maximum per-unit subsidv amount and suhsidv laverin!! - The tolal amount of HOME funds invesled shall not exceed S I 0 I.S29 for a one-bedroom unit. S 123.S24 for a Iwo-bedroomunil. S 160.1 H5 flll' a Ihree-bedroom unit. and 5 175.S35 for a llnil wilh four or more hedrooms, Further. in accordancc wilh 24 CFR 92,250. HOME funds invested in eomhination wilh llther govelllll1ental assislancc shallnol l'xceed the amounlnecessary to provide affordahle housing, b. Propertv standards and lead-based nailll - All housing assisted with HOME funds under this agreement musl. upon project complelion. meet the properly standards of 24 CFR 92,251, Those assisted with HOME and/or CDRG funds shall meet the Slalewide Building Code, All properlies assisled with 1'lOME and/or CDBG funds shallmeellhe lead-based paint requirements in 24 CFR 92.355 and/or 570,60H. respectively. In accordance wilh regulalions. the Subgrantee shall adhere 10 lead-hased painl abatemenl practiœs. as applicable. and in no case shall use lead-hased painl in the construction or rehabilitalion of the properties assisted under Ihis Agreement. c, Allinllalive Marketin!! and Affinllativclv Furlherin!! fair I-lousing - In accordance wilh 24 efR 92,351 and 570,(iO I and the Grantee's Affirmative Markeling Procedures. the Suhgrantee shall provide information and otherwise altrael eligihle persons in the housing market area to Ihe available housing wilhout regard 10 race. color. nalional origin. sex. familial sial us or disability, The Subgrantce will describe ils aflirmative markeling aClivilics as pal'l of thc monthly reporling requiremenls descrihed in seelion H, d, Section 109 - In aecordancc wilh Section 109 of the Housing and Community Development Act of 1974 (42 U,S.c. 3535(d)). no person in the lJniled States shall on grounds ofraec.wlor. rcligion. sex or national origin be excluded from' participation in. denied Ihe henefits of. or subjecled \0 discriminalionunder any program or aelivity funded in whole or in part wilh funds available under Ihis Agreemenl. (See also Altadlll1ent c.¡ Page 7 of 22 e, Condilions for religious organizations - The Suhgranlee shall nol grant or loan any HOME or CDBG funds to primarily religious organizalions flll' any activily including secular aetivilies, In addition. funds may not be used 10 rehabililale or construct housing owned by primarily religious organizations or to assisl primarily religious organizations in acquiring housing. In parlicular. there shall be no religious or membership criteria for tenants or buyers of any HOM[- or CDBG-assisled properlies, f. Labor slandards - As presently structured, Ihe programs included under this Agreement arc not considered subjeclto federal Labor Slandards. including prevailing (Davis-Bacon) wage rates for non- volullleer labot'. Such slandards will become appl ieable in the evenl CDBG or IIOME funds arc used for infraslruclure improvements, Such slandards will also become applicable for any single project in which nlllre than 7 housing units arc assisted wilh CDBG funds or more than 12 unils arc assisted wilh 1'lOME funds or more Ihan 7 units arc assisted with a combination of CDBG and HOME funds, g, Environmenlal standards - In accordance wilh 24 CFR 85,36.92,352 and 570.604. Ihe ac\ivilies under this Agreemenl are subject 10 environmenlal review requiremenls, Such requiremenls include. but arc not necessarily limited to. historic significance. floodplain. clean air and hazardous siles, The Grantee has performed the tiered review necessary to iniliale the preliminary program activities: however. no CDßG funds may be expended for a given properly prior to the Subgrantee's completing its individual properly review. any required remedial aClions and required Suhgranlee environmenlal ehecklisl, which musl include all compliance categories specified by HUD and Ihe Grantee. Where acquisition of properly is aulhorized. the Subgranlee will eonduel. direc\ly or Ihl'llugh qualified entilies. al minimum an "environmenlal transaction screen:' which consisls of a review of the property's hislory and a site visit 10 determine Ihe eondilion of the properly, All propl'rty acquisilions shall he contingent upon satisfactory resulls of the screen. and. wherl' dictated by Ihe screen, furlher environmenlal phases, All specifications for proposed housing rehabilitation under Ihis Agreement shall be submilted to Ihe Grantee's Departlllent of Housing and Nl'ighborhood Services for review as 10 compliance wilh Section 106 of the Nalional Hisloril'Preservalion Act, These specifications shall also bl' reviewed by Ihe Granlee's Environlllenlal Adminislralor 10 determine whether Ihe potelllial for dislurbing lead and other hazardous malerials, such as asbestos. has been adequalcly taken inlo acwunl. The Subgrantee agrees to adjusl work specifications or aClivities in such manner as may be requested by Ihe Granlee \0 ensure eOlllpliance 'Nith environmental requirellll,nls. The results of Ihe hislorie and olher environmenlal review aL'iivilies shall he reflected in the Subgrantee's environmenlal checklist for the unil and/or prOjl'l'l sile(s). h, Disnlacemenl and relocation -In accordance with 24 CFR 92,353 and 570,óO(i. the Suhgrantee shall take all reasonable sleps to minimize displacemenl as a rl'sull of the aClivities described in section 1, Furthermore. seelion 1 of this Agreement prohihits acquisition of any properly wbich is occupied or would he t)ccupied hy legal tenalllS afler Ihe inilial acquisition contact with Ihe t>wner. NOlwilhstanding this prohihilion. any persons displaced as a resull of the aelivities under this Agreemenl shall be provided relocalion assistance to the exlent permilted and required under applicable regulations, l. Enmloyment and contract ing olJPorlunities - In al'Cordance wilh 24 CFR 92,350 and 570,607. the activilies under this Agreemenl arc subject to Ihe requirements of Execulive Order 11246. as amended. and Section 3 of the l'lousing and Urban Devclopmenl Acl of I96R. The former prohibils discriminalion on I'cderally-assisted conslructitlll contracts and requirc's contractors 10 lakc alTirmative Page 8 of 22 aclion regarding employment aClillllS, Thl' laner provides thai. III Ihc greatcsl extcnl feasible and consislenl wilh I'cderal. stall' and local laws. cmploymcnt and nthcr economic oppnrtunilics arising housing rehabililalion. housing conslruction and puhlic construction projects shall be given to low- and very-Illw-incolllc persons, (See also Allachmenl C) .I, DeballnCIlt and susl1ension - In accordance wilh 24 CFR 24. the Suhgranlee shall nOI employ or olherwise engage any deharred. suspended. or incligihle conlractors or subcontraclors 10 conduct any activilies under Ihis Agreement. Thl' Subgranll'e will consull appropriale rercrenL'Cs. including. hut not 1imilcd to. the Exeluded Panics Lisling Service website at hl/I':/kl'ls,lIr1ll'l.gOl'. to ;\scl'nain the slallls nf any lhird parties prior to engaging their services, The Suhgranlee will submil 10 the Grantee\ Deparlment of Housing and Neighborhood Services the names of conlractors and suhcontraclors selected under Ihis Agrl'cment. including a certifiL-ation by Ihe Suhgrantel' lhal il has delermincd that none of Ihesc enl ilies arc presenlly debanl'd. suspended. lll' ineligible, k, Uniform adminislrative requirl'ments - The SuhgranlL'C shall comply with the requirements and slandards sel forth in 24 eFR 92.505 and 570.502. and all applicable CDßG. HOME and olher federal rcgulalions perlaining 10 the activiliö performed under this Agrcement, I. ellnllict of inlerest - In accordance w'ilh 24 CFR l)2.35ó and 570.611. no covered individual who exercises any functions or responsibilil ies with respect 10 the program during his tl'IllHe. or for one ( 1 ) year thereafler. shall have any inlerest. direct or indirect. in any eontracl lll' suhconlrael. llr lhe proceeds thereol'. for work 10 he performcd in eonneCl ion with lhe program assisted undcr Ihis Agreement. The Snbgranlee shall incorporate. or cause to be incorporaled. in any contraclS or subcontracls pursuant to Ihis Agreemelll a provision prohibiling such inleresl pursuant to Ihe purposes of this sel'lion. 12, EOllAL EMPLOY:\lF.NT OPPOlUllNITY: Non-Diseriminalion: During Ihe pertormancc of this Agreement. the Suhgranlee agrees as follows: a. The Suhgrantee will nOI discriminate againsl any employee or applicanl for employment bl'l'ause of race. religiLlIl. color. sex. nalional origin. age. disability. or any olher basis prohibited hy state law relaling 10 disniminalion in employment. except wherl' there is a hona fide occupational qualilïcation reasllllahly nccessary 10 Ihe normal operation of the Subgralllee. The Suhgrnnlee agrees 10 pOSI in conspicuous places. available to employees and appliL-anls for employment. nolices setting fonh the provisions of this nondisl'riminalion clause, b, The Suhgranll'e, in all solicitations or advertisemenls I'llI' employees placed by or on behalf of the Suhgrantee. will slate Ihat such Suhgralllee is an equal opponunily employer. c, Nolices, advertisl'mcnl and solieilations plal'cd in accordance with fcderal1aw. rule or regulalion shall be deemed sufficienl for lhl' purpose of meeling the requirements of this seclion, d, The Subgranlee will include Ihe provisions of Ihe IÙregoing supseelions, (;\). (p) and (e) in every contracl or purchase order of over len Ihousand dollars and no L'CnlS ,(5 1O.()()O,()()¡ so Ihal Ihe provisions will be binding upon each eontral'lor or vendor. Page l of 22 13, DRUG-FREE WORKPLACE: The Suhgrantee will: (i) provide a drug-free workplaee for the Suhgranlee's employees; (ii) post in conspicuous places. availahlc to employees and applicanls for employmcnl. a statemcnt notifying empIL)yees Ihal Ihe unlawful manufaellll'e. sale. dislribution. dispensalion. possession. or use of a contl'lllled subslancc or marijuana is prohibiled in the Subgranlee's workplace and specifying the actions thai will he taken against employees for violalions of such prohihilion: (iii) state in all solicitations or adverlisemenls for employees placed hy or on hehalf of Ihe Suhgrantcc Ihat the Suhgrantcc mainlains a drug-free workplace: and (iv) include Ihe provisions of the foregoing clauses in every subconlracl or purchase order of over len Ihousand dollars and no cents (S 10.000,00). so Ihat the provisions will he hinding upon eaeh subconlraelor <.11' vendor. for the purposes <.11' Ihis subsection. "drug-free workplace" means a sill' for the performance of work done in connection wilh lhis COlllracl. 14. FAITH-BASE» ORGANIZATIO:\S: Pursuant 10 '2,2-4343.1 of thl' Code of Vinlinia (1950). as amended. the City of Roanoke does not discriminate againsl faith-based organizations, 15. THlR»-PARTY CONTRACTS: The Grantee shallnol be obligated or liable herc'under to any pany olher Ihan the Subgranlee, 16, INDEMNITY: Thc Suhgranlee agrees and hinds itself and its successors and assigns to indemnify. kee'p and hold the Grantee and ils officers. employees. agenls. volunleers and representatives free and harmless from any liabilily on aCCOUIll of any injury or damage of any lype \(l any person or property growing out of or directly or indin::clly resulting from any aCI or omission of the Subgrantee including: (a) Ihe Subgrantee's use of the slreels or sidewalks of Ihe Granlee or olher public property: (b) the performance under lhis Agreement: (c) [he exercise of any right or privilege grallled by or under this Agreemenl: or (d) Ihe failure. refusal or neglec'l of lhe Subgranlee to perform any dUly imposed upon or assumed hy Subgrantee by or under this Agreemenl. Inlhe evenllhal any suil or proceeding shall be brought againsl the Granlee or any of its officers. l'mpIL1yees. agents. volunteers or representatives al law or in eyuily. either indepcndenlly or jointly witb Ihe Subgrantee on aeeounl thereof. Ihe Subgranlee. upon nut ice given 10 il by the Grantee or any uf ils uflÏcers. cmployees. agenls. vulunteers or represelllalives. will pay all costs of defending Ihe Grantee ur any of its officers. employees. agents. volunteers or representatives in any such aelion or olhcr proceeding, In the evenl of any settlement or any finaljudgemenl being awarded againsl the Granlee or any of ils officers. cmployees. agenls. volunteers or rcpresentatives. either independently or juintly wilh the Suhgrantee. Ihen Ihe Subgrantee will pay sueh selllement or judgement in full or will comply with such decrec. pay all eosls and cxpenses of whatsoever nallll'e and hold lhe Grantee or any of its officers. employees. agenls. volunteers ur rcprescntatives harmless therefrom, ' 17. IN»EPENDENT CONTRACTOR: Services performed under-Ihis agreement shall be performed on an independenl conlraelor basis amI under nu circumstances shalllhis Agrcemenl be cunstrued as eslabl ishing an employee/employer relationship, The Subgranlee shall be eomplclely responsible for its aetivilies in performing services hereunder. Page 10 of 22 18. SUCCESSORS: This Agrccmelll shall he hinding upon each of Ihe parlies. and Iheir assigns. purchasers. IruSlces. and succcssors. 19, EXl1RE AGREK\lENT This Agreemenl. including all of ils Allaehments. represenls the enlire agreement hetween Ihe parties and shall not he nwdilïed. amended. allered or changed. exccpl hy wrilten agreemelll exeeuled hy Ihe panies, 20, AMENDMENTS: Thl' Granlee may. frum lime 10 time. require changes in the ohligations of the Subgralllee hereunder. or ils Cily Council may appmpriale fUrlher fUlllls for Ihe implcmenlation of this HOME rehabililalion pl'llject. In such evenl or events. such changes which are mUlually agreed nplll! by and bel ween the Grantee and the Snbgranlee shall be incorporated hy \\Tillen amendmenllo Ihis Agreement. 21. GOVERì\l:\,(; LAW: This Agreemenl shall be governed hy laws of the Commonweahh of Virginia, 22, A V AILABILITY 01' I'UNnS: CDHG and HOME funding 10 be made availahle hy the Gralllcc under Ihis Agrccmenl is eonlingenlupon necessary appropriations hy the U,S, Congress, In Ihe evellllhat sufficient funds arc not appropriated. al the sole discrelion of (he Granlee. this Agreement may be terminated in whole or in part. 23, ANTI-LOBBYING: To Ihe heSll.lf lhe Subgrantee's knowledge and bel ief. no l"cderal approprialed funds have heen paid or will he paid. by or on behalf of il. 10 any persons for intluencing or allempting III intluence an officcr or employee of any agency. a Memher of Congress. an officer or employee of Congress. or an employee of a Memher of congress in eonneelion wilh the awarding of any Fedl'ral contract. the making of any Federal gram. Ihe making of any Federalltlan. lhe enlering imo of any eOl.)perative agreement. and the exlension. eonlinuation. renewal. amendment. or modification of any Federal eonlracl. grant. loan. or eooperalive agreement. If any funds olher Ihan Federal approprialed funds have been paid or will be paid 10 any person for intlueneing or allempting III inlluencc an officcr or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Agreemenl. the Suhgranlee will compkle and suhmil Standard Fonn-LLL. "Disclosure Form to Reporl Lobhying." in accordance wilh ils instructions, 24. NOTICE: Any notice. requesl., or;demand givl'n or required tll be given under this Agreement shall. except as olherwise expressly provided herein. be in wriling and shall he deemed duly given only if delivered personally or senl by certified mail. return reel' il'l requested to Ihe addresses,stated'below, Page II of 22 To thc Granlec: Darlcne L. Burcham. City Manager Room 364. Noel C. Taylor Municipal Building 115 Church Avcnuc. S, W. Roanoke, Virginia 24011 To the Subgrantee: Alvin Nash. Presidcnt Blue Ridge Housing Development Corporation 510 II'h Slreet. NW Roanoke. VA 24017 Notice shall he deemed to have been given. if delivered personally. Upllll delivery. and if maikd.upon Ihe third business day after the mailing thercol'. (This space inlentionally lef¡ hlank.) , I Page 12 of 22 IN WITNESS WHEREOf'. Ih~ parties h~r~lo havc' ext'clIled Ihis Agreement as orlht' day and year her~inahov~ wrillen: ATTEST: FOR TilE (ìRANTEE: By By _, Stephanie IVI. M(lLlIl. Acting City Clerk Dark-ne L. Bur~ham. Cily Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Slultz. Sc~r~\ary Alvin Nash. President APPROVED AS TO CDBG/IIOME ELIGIBILITY APPROVED AS TO FOR:VI Depl. or Housing and Neighhorhood S~rvkes Assistanl City AlIlll'n~y APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assislant City Allorn~y Director or Finuncc Dule A~counl # (S~e Alladnl1Cnl A) Page 13 or 22 Attachments Attachment A -- Financial Accounts Attachment B -- Housing/Beneficiary Reporting Elements Attachment C -- Housing/Beneficiary Demographics Report Attaehment ]) -- Special Federal Terms and Conditions Page 14 of 22 Attachmcnt A 2006/2007 ßRHDC CDßG and HOME Agreement Financial Accounts An'ount # Description ProjCl' Delil'OQ' Op"rating To'a( ('DBG Fund",: 35-(j1)7·1)7 2( J- 5.\fJH Olïiet'r.lll-lulllL' 21.113"' II N¡\ 21.llJ..J. 35-GI17-t17:!tl-:'-t.11 Onic~~r at HUIIIl' II 2~.{l()6 NA 2X.()()fJ TnlalCDBG 21.1134 2X.l)()h NA 4Y.lWl IIO\1E Funds: J5-0QO-5J64-):'i III OITiù2'J'at Ih"lllll' 31.2117 NA II 31.207 .~5·(ltIO·5J("'-5511 Onïl'l'r at IlolllC' II ~A :'9.79.11 211.7l13 .'\:'i-Ol}fl-5.1h"'-):'i 12 Onil"l~r al H{llIIl' (el IDO Projl'l'll I02.0n NA II 11)2,1173 35-090·536..J.-55I J ()fliccrat Ilollle tClIDOOpCr¡llingl II NA 1I),2117 111.107 T"t"IIIO~fE "lid HO\1E101ll0 IJJ.2XO I\A 411,Ill)II 173,2~1l Total CDB(ì and HOME (ind. cllno) 1)4,314 2fU106 411,(11)11 222..\20 Page IS or 22 Allachmcnt B Housing/Hcncliciar)' Rcporting Elcmcnts On a rnonlhly hasis. thl' Subgranlcc shall providc a narralivc rcport \0 the Grantee summarizing progress on the projcet to-dale, AlTompanying Ihe narrative. the Subgranlee shall sub mil dala in a lahk ()I' spreadsheet formal thai is needed in order Ihallhe Granlee Illay complete its required reports 10 the U,S, Department of I-lousing and lJrhan Development. The data provided by Ihe Subgralllee shall include: Propert y Address -- Numher of bedwlllns -- Sial us (pending. under conslruclilln. completed or sold) Homeowner/l-lomehuyer Name TOlal Family Income (pl'lljl'cted for 12 monlhs following determination) Number in family Whelher hl'ad of household is disahlcd Eslimaled lotal hard (inel. aequisilion costs. if any) and Sllf¡ costs 10 produce thc unit CDBG funds commilled 10 properly -- HOME funds committed to property -- I IOME/CHDO funds eommillcd to property Prime COlllraelor Name Federall.D, Number (or Owner Social Security Numher) Whether Minorily-Owned. Wonll'n-Owned or Both CDßG funds commilled to Prime HOME funds committed to Prime HOME/CI-IDO conunilled to Prime Suhconlraclor Name (Provide separate data for each suhconlraclor) Federall.D, Number (or Owner Social Securily Number) Whether Minorily-Owned. Women-Owned or Both CDBG funds eOlluniul'd 10 SubconlraclOr HOME funds commilled 10 Subeontraelor HOME/CHDO committed 10 Suhcontraclor Unit Sale Dala (if property is for homeownership) -- Sales Price of Unit (excluding sClllcmenl charges) -- Closing Date After-Rehab Value (if owner-occupied rehahilitation activity) Page 16 of 22 AlIachment C Housing/ßt'nt'fidar)' Demographics Report Also accompanying thc monlhly narrativc rcporl and thc rcponing ckmcnls givcn in AlIachmenl A. thc Sllbgranlcc shall providc thc dcmographics rcporl in Ihe format provided helow, DIRECT BENEFICIARY REPORT Program I Activity Name Reporting Period 1 Counts by: - Households or - Persons? (Check the one that applies,) 2 # of New Participants this Period (if applicable): 3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date) (Beginning 07/01/04 - Ending 06/30/05) 4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & While: Am, Indian/Alaskan Native & Black/African Am,: Other Multi-Racial: TOTAL: 5 # - FEMALE HEAD OF HOUSEHOLD: (cumulative to date) 6 INCOME INFORMATION (cumulative to date) # TOTAL < 80% of Median (Low Income Limit) , < 50% of Median (Very Low Income) < 30% of Median TOTAL: Prepared by: ' - Date Prepared: -,- Revised 03/05/2004 .., Page 17 of 22 Allachment D U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreemenls S 1 0.000 or Over) I, "Section 3" Compliance -- Pro\'ision of Traininl!. Employmentllnd Business Opportunities: A. The work 10 he performed under Ihis contract is on a project assisled under a program providing direct Federal financial assistance from the Deparlmenl of I'[ousing and Urhan Development and is subject to Ihe requirements of Section 3 of the I-lousing and Urban Dcvelopment Act of 1968. as amended. 12 U ,s,c. 170, Scction] requires that to the greatesl extenl feasihle opportunities for training and employment he given lower income residenls of the project area and conlral'ls for work in connection with Ihe projeel he awarded to husincss concerns which arc localed in. or owned in suhslanlial pan hy persons residing inlhe area of the project. B. The parlies to this contracl will comply wilh Ihe provisions of said SectÏl)n ] and thl' regulations issued pursuanllherelO by the Secretary of Housing and Urban Development sel forlh in 24 CFR 135. and all applicahle rules and orders of the Department issued thereunder prior 10 Ihe execution of this contract. The parties to this conlractcenify and agree Ihallhey are under no contractual or other disabilily which would preve11lthem from complying wilh these requireme11ls, C. The Subgrantee will semI to each labor organization or representali ve of workers with which he has a collective bargaining agreemenl or olher conlracl or understanding. if any. a noliee advising the said labor organization or workers' represenlative of his eommitrnenls under Ihis Seclilltl 3 clause and shall posl c()pies of thc nOlice in conspicuous places availahle to employees and applicanls for employme11l or Iraining, D, Thl' Subgranlee will include this Seelion3 clause in every suhcontracl for work in cl\JlI1eclion \Vilh the pmjl'l'l and will. althe direction of the applicanl for or recipienl of Federallìnancial assistance. take appropriate action pursuant 10 Ihe suhcontracl upon a finding Ihat the contraclor is in violation of regulations issued hy the Secretary of Housing and Urban Developmenl 24 CFR Pan 135, The Subgranlee willnol subcontracl with any contraelor where il has notice or knowledge that Ihe laUeI' has heen found in violation of regulalions under 24 CFR pal'l 135 and will nOI lei any subeonlracl unless the contracior has firsl provid~d it with a preliminary slalement of abilily 10 comply with the requiremenls of these regulalions, E. Compliance with the provisions of Scclion 3. the regulations set forth in24 CFR Part 135. and all applicahle rules and orders of the Deparlmenl issued hereunder prior to the execulion of the contract. shall be a condition oflhe federallìnancial assistance provided to Ihl' project. ,binding upon the applicant or recipicnt for such assislancc. its successor and assigns. Failure Page 1 R of 22 10 fulfill these requiremenls shall subject Ihe applicunl or reeipienl. ils Subgranlees and C(lIllraclors. ils successors and assigns to Ihosc' sanclions specified by the granl or loan agreement or contract through which federal assistance is provided. and 10 such sanclions as arc specilÏed by 24 CFR Pari 135, 1 E(lual Employment Opportunity: Conlracts subject 10 Executive Order 11246. as amended: Such COlllraCls shall be subjecllO HUD Equal Employment Opportunity regulalions at 24 CFR Part 130 applicable to IlUD-assisled conslruetion contraets, The Sub gran lee shall cause or require 10 be inserled in full in any non-excmpt eonlrael amI subeolllracl for conslruclion w(lrk. or modifil'ation lhereof as delÏned in said regulalions. whieh is (laid for in whole or in part wilh assislance pnwided under this AgreemC1lt. Ihe following equal opporlunily dause: "During Ihe perfonuancc of this contract. the Subgranlee agrees as follows: ^, The Subgrantee will nol discriminate againsl any employee or applicanl for employmenl because of race. <.'Olor. religion. sex or national origin, The Subgranlee will takc affirmative action to ensure thai applieanls arl' employed and Ihal employees arc trealed during employmenl wilhout regard to their race. color. religion. sex or national origin. Such action shall includc. bul not be limitcd to. the following: employment. upgrading. demotion or transfer: recruilmenl or n;'lTuilmenl adverlising: layoff or lerminalion: ratcs of payor other forms of compensalion: and selection for training. including apprcllliceship, The Suhgrantce agrces to pOSI in conspicuous placcs available 10 cmployees and applicants for employment. 11lllices to bc provided by Ihc eonlracling officer selling forth Ihe provisions of Ihis nondiscrimination clause, 13, The Subgralllee will. in all solil'itations or advertisements for employees placcd by or on behalf of Ihc Subgranlee. statc thaI all qualified applicanls will receive consideralion for employmenl without regard to race. color. religion. sex or nalional origin, C The Subgrantee will send to each lahor union or represenlative of workers with which he has a collective bargaining agreemenl or olher conlract or underslanding. a nOlice 10 he pnwided by the Conlral·t Compliance Officer advising Ihe said lahor union or workers' representalives of Ihe Subgranlee's eommitment under Ihis seetion and shall post wpi.:s of Ihe notice in conspicuous places availahle lO employees and applicanls for employment. D, The Subgrantœ will C\lmply with all provisions of Execulive Order 11246 of September 24. 1965. as amended hy Executive Order 11375 of October 13. 1967. and the rules. regulalions and relevanl orders of the Secrelary of Labor. E. The Subgrantee will furnish all information and reporls required by Execulivl' Order 11246 of Seplember 24. 1965: and by Ihe rules. regulal ions and orders of the Secrelary of Labor. or pursuant therelo. and will permit access to his books. records and accounts by Ihe Departmelll and thl' Secrelary of Labor for purposes of invesligalion lo asceI1ain eompliancl' wilh such rules. regulalions and orders, F, " In the event of the Subgrantee's noncomplianee with Ihe noncliserimination clauses of this ,eontrael or with any of sueh rules. regulations or orders. this contract may be canceled. , -.Ienninaled,or suspended in whole or in pari. and Ihe Subgranlcc may be deelared ineligible Page 19 of 22 for furlher Government conlraL'ls or pederally-assisled construclion Clllllracl procedures authorized in Exeeut ive Order 11246 of Seplember 24. 1965. or by rule. regulat ion or order llf the Seerl'lary of Labor. or as otherwise provided by law, G, The Suhgranlee will include Ihe portion OflhC' sC'lIlencC' illllllC'diately prel'Cding paragraph (A) and Ihe provisions of paragraphs (Al through (Cì) in every Subl'lmlraCI or purchase llrder unkss excmpted by rules. rC'gulations or orders of Ihe Sceretary of Lahor issued pursuanllO Sect ion 204 of ExeeutivC' Order 11246 of SeptembC'r 24. 1 %5. so thai such provisions will be binding upon caeh contraetor or vendor. Thc Subgrantee will take sueh action with respeet to any subcontracl or purchase order as thl' Department may direct as a means of enforcing such pl'llvisions. including sanelions for noncompliance: provided. however. Ihal in the event a Subgranlee becomes invol ved in oi' is threatened with I iligat ion wilh a contraclor or vendor as a result of such direelilln by the Department. the Subgrantee may requesllhe Uniled Slates to enler in\() such liligalionll) protectlhe inleresl of the Uniled States." The Subgranlee furl her agrees Ihal il will he bound by lhe ahove equal 0ppllrlunity clause wilh respel'lto ils own employment practices when il panieipates in Federally-assisted construction work: provided. Ihat if the Suhgranlel' so parlicipaling is a Slale or local government. the above equal llpportunily clause is nol applieable 10 any agency. inslrumenlalily or subdivision of sueh government which does nOI parlicipate in w()rk on or under the eontrael. The Subgranlee agrees Ihal il will assisl and clloperate actively with Ihe Departmenl and Ihe Secrelary llf Labor in oblaining Ihe clllnpliance of Subgraulees and contral'lors with Ihe equal opportunity clause and the rules. regulations and relevanl orders of the Seerelary of Labor: that it will furnish Ihe Deparlmenl alllllhe Secretary llf Labor such eompliancc: and that it will otherwise assist the Depanment in the discharge of ils primary responsihility for sel'llring compliance, The Suhgrantee further agrees that il will refrain from entering into any contract or conlract Illodificalion subject to Executive Onkr 11146 of Septemher 24. 1965. with a Subgranlee deharred lÌ'om. or who has (lllt demonslraled e1igibilily for Government contracls and Federally-assisled Cllllstruetion contracts pursuant 10 Ihe Execulive Order and will carry out sueh sanctions and penalties for violation of the equal opporlunity clause as may he impllscd upon Suhgrantecs and contractllrs hy Ihe Deparlment or the Secretary of Lahllr pursuant 10 Part II. Suhparl D. of Ihe Exel'lllive Order. In addition. the Subgrantee agrees thai if it fails or refuses to eomply with Ihese uuderlakings. the Departmenl may take any or all of the following aclions: eaneel. terminate or suspend in whok or in part the granl or loan guarantee: refrain from eXlcnding any ftll1her assislanl'C \0 Ihe Subgranlee under the Program with respect to which the failure or refusal occulTed unli1 satisfactory assurance of futme compliance has heen received from sueh Subgranlee: and refcr the cause 10 the Deparlment of Justice for appropriate legal proceedings. 3, Nondiscrimination lJnder Title VI (lflbe Civil ){i!h1s Act (If 1964: This Agreemeul is subjel'llo Ihe requiremenls of Tille VI ofthc Civil Righls Al'l of 1964 <P.L. RR-.152) and HUD regulations with respect therelo. including the regulations under 14 CFR l'arl,l, In the sale. lease or olher transfer of ,land acquired. clearcd or improved with assislanœ provided under Ihis Agreemcnl. the Suhgranlee , .. shall cause or require a covenant running with the land 10 be inserted in the deed or lease for such transfer. prohibiling diseriminalion upon the basis or race. color. religion. sex or nalional origin. in Ihe sale. lease or rental. or in the use of occupancy of such land or any improvements ereeled or to be erected thereon. and providing Ihal Ihe Subgrantee and Ihe United States are beneficiaries of and entilled to eni'l)rœ such eovenanl. The Subgrantee. in undertaking ils ohligalion in carrying oullhe Page 10 of 22 pn>gram assisled hereunder. agrecs 10 lakc sueh measun:s as arc necessary 10 enl'orc'c sueh eovcnanl and will nol ilself so diseriminall', 4, Section 50... and Americans with Disahilities Act: The Suhgrantee agrees 10 comply wilh any federal rcgulalion issued pursuanllo compliance with Ihe Seelion 504 of the Rdmbililalilll1 Aet of 1973. as amcnded. and Ihe Amcricans wilh Disabililics Acl. wbicb prohibil diseriminalion againsllhe disahled in any fcderal assisted program, 5. Ohli¡mtions of Suhl!rantel' wilh ReWl'ct to Certain Third-parh' Relationships: The Suhgranlœ shall remain fully ohligated umle-r the provisions of the Agreemell\. nOlwithslanding its designation of any Ihird pany 01' parties I'lli' the underlaking of all or any pal'l of the program wilh respeel 10 whieh assislanee is heing provided under this Agrecmenllo lhe Suhgranlœ, Any Suhgranlce which is nollhe Applil'anl shall comply with all lawful n?quirc'mellls of Ihc Applieanl necessary 10 insure Ihallhe program. with respeel to whieh assistanl'C is heing provided under Ihis Agreemenllll Ihc Subgranlee is earried out in aenll'llance wilh Ihe Applil'anl's Assurances and ecrlilicatiom. induding those with respect to Ihe assumption of environmenlal responsibililics oflhe Applieanlunder Seelion 104(h) of the Housing and Community Dl'velopmenl Al'l of 1974. Ó, Interest of Certain Federal Officials: No memher of or delegale 10 lhe Congrl'ss of the Uniled SlaICS. and no Residenl ComJllissilllll'r. shall he admilled 10 any sharc or pari oflhis Agrccmeut orto any hcnefit to arise from thc samc, 7. Prohihition Al!ainst Pav'ments of Bonus or Commission: Thc assislanee providcd undcr Ihis Agreement shall nol he uscd in Ihe paymcnl of any honus or eomlllission for Ihe purpüSe of ohlaining IIUD approval of the application fIll' such assistanee. or ¡'IUD approval or applicalious lor addilional assistancc. or any olhcr approval or eonCUlTenee of HUD required umkr this AgrccmL'nl. Title I of thc Housing and Community Dcvelopmelll Acl of 1974. or Hl:D regulations wilh respccllhl'relO: pl'llvided. howcYl'r. thai reasonahle fees or hona fide tcehnical. consultanl. managerial or olher such services. olher than aclual solicilation. arL' uOI hercby prohihiled if olherwise cligihle as program L'osls. g, "Section 109"; This Agrcemcnl is suhjcct to Ihe requircmcnts of Section 109 of Ihe Housing and Communily Developmenl AL'1 of 1974.42 U,S,c. 3535(dl. Nll persou iu the Uniled Slalc's shall on thc ground of raL'C. cl)lor. religiou. sex or nalional origin he exeluded fro111 parlieipation in. hc dcnicd Ihc bene/ils of. or be subjecled to diseriminalion undcr any program or aclivily fundcd in whole or in pan \\'ilh fuuds availahle under Ihis title, 9, Access tll Records and Site of Emplovment: This agrccmcnl is subjcct 10 lhe requircmcnls of EXCL'uliYl' Order 1 1 24ó. ExenHive Orcler 1375.,Civi/ Rights ACI of / '164. as mnended, Acœss "l¡nll he pcnnilll'd during normal busincss hours 10 Ihe prcmises for Ihc purpose of conducling lm-site L'ompliance rl'views and inspcL'ting and copying such books. records. aeeOUllls. and othcr mall'rial as may he relcvanllot he mallcr under investigalion and pCrlinent to L'omp1iance wilh the Order. and the , ruks and regulations promulgated pursuanllhcrcto hy the Suhgr:l11tce. Information oblained in Ihis manncr shall he uscd only in conneclion wilh thc achninislralion oflhe Order. the adminislration of Ihe Civil Rights At of 1964 (as amcnded) and in furlherancc of the purpose oflhe Order .l11d thai Act., Page 21 of 22 10, Le2¡d Remedies for Contract Violation: Iflhe Suhgrantee materially fails to comply with any term of Ihis Agreement. whelher slaled in a Federal statute or reglllalion. an assurance. in a Slate plan lll' applicalion. a noliee of award. or elsewhere. the City may lake one ()I' more of the following aclioll. as appropriate in Ihe circumslanl'Cs: I) Temrorarily withhold cash rayments rending cOITeclion of the delïciency hy the SlIhgrantcc. 2) Disallow all or pal'l of the cost of the activity or action not in compliancc. 3) Wholly or parlly suspend or lerminale Ihe currcnl Agreement. or 4) Take other remedies Ihalmay be legally available, ; \1 1. , ' Page 22 or 22 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AvenuL'. S. \V.. Rlllll11...J5(j Rn::moke. Virginia 2-l-011-1536 Telephllllc: c).IO} 853-2.54] Fax: 154(1) S:,J II..!.) E-nuil: ;:1l."rkØ""('am.'kc\'3.gllv SHFII....\ t\:. 1l:\RT:\tA~ "\:;'H~tanl Lily ('[~rk STEI'II..\I\IE ~1, \1001\, ole :\t'tlllg City Ch:rk December 19, 2006 File #373-524 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Ordinance No. 37647-121806 authorizing a fourth amendment to an existing lease between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings, for an extension of such lease for office space for certain departments of the Commonwealth of Virginia at City owned property known as the Commonwealth Building, located at 210 Church Avenue, extending such lease from November 1, 2006 until October 31, 2007, for the Department of Corrections; and from November 1, 2006 until July 31, 2007, for all other departments, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006, and is in full force and effect upon its passage.' Sincerely, ~h-,.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attach ment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Lisa P. Hayslett, Economic Development Specialist ()}l Tl\' THE COC;\fCIL OF THE CITY OF ROA~OKE, VlRGINLA. The 18th day of December, 2006. No. 37647-121806. AN ORDINANCE authorizing a fourth amendment to an exisiing: lease between the City of Roanoke and the Commonwealth of Virginia, Department of General Servicl,síDivision of Engineering and Buildings, for an extension of such lease for office space tor certain departmcnts of Ihe Commonwealth of Virginia at City owned property known as the Commonwealth Building:, locatcd at 21 0 Church A venue, extl'nding such lease from November 1, 2006 until October 31,2007. for the Department of Corrections and from November 1, 20()6, until July 3 L 2007, for all other dcpartments, upon certain temlS and conditions, and dispensing: with thc second reading of Ihis ordinance by lille, THEREFORE, BE IT ORDAINED by thc Council of the City of Roanoke as follows: I, The City ~-1anag:er and City Clerk are hereby authorized, for and on behalf of the City, 10 execule and allest respectively, and upon form approved by the City Attorney. a fourth amendment to the lease between the City of Roanoke and the Commonwealth of Virginia, Department ofOeneral Services! Division of Engineering and Buildings, extending such lease from ]\ovember 1,2006, uniil October 31. 2007, forthe Departmenl of Corrections and from November 1, 2006. until July 31, 2007, for all other <kparlments, upon the same tenns and conditions as the existing lease, as further statcd in the Cily Manager's letter to Council dated December 18,200(" , Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinancc by titlc is hcrcby dispensed with, 41h~ :\mL'nd 1(' C0111 Huild ! 21806 ATTES'I': ~rn,~ Acting City Clerk. (';::'rI;' ,'j;;SS.;,) ". - ~ - ~~~\ ~,\ . ~~- ¡ø~, '..../ . ." - '. .;..'.:. h :. \ ..:' \~'. ... ". "''':I~~\'':> CITY OF ROANOKE OFFICE OF THE CITY MANAGER Nlld C. 1'.1\'lor \lunicip"II,luildil1f'; ~"13 Church AvcnuL', S.\V., Rp(\111 36-+ Rll.ll1l.Jkl', Virgini.l 24lll 1-1::;~JI Tl'I~·~'lll'nL' (:;·11)) ."":'" 2:~.~3 )'.1\: (SWj ~5~ 11 IS ('11\ \\',,1>. \\"\\ \\ .1\·.I11Pkv\",1.-..;"\" December 18, 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: Fourth Amendment to Lease between the City of Roanoke and the Commonwealth of Virginia Background: On July 1, 1985, the City began leasing space in the Commonwealth Building, located at 210 Church Ave., to the Commonwealth of Virginia, Department of General Services (DGS) /Division of Engineering and Buildings for office space for the Department of Agriculture and Consumer Services, Department of Health, Department of Medical Assistance Services, Department of Blind and Vision Impaired, Department of Social Services and Department of Corrections. The Department of General Services located several departments of the Commonwealth on the ground, first, and third floors of the property including the Department of Corrections. The original Lease term was for twenty (20) years and expired June 30, 2005. The parties agreed to an amendment to the Lease Agreement extending the term one year, which expired on June 30, 2006. An extension of four months,' from July 1, 2006 until October 31, 2006, was granted to allow, continued negotiations. The Commonwealth of Virginia did not execute this Amendment, which extended the lease until October 31, 2006 and would have been the Fourth Amendment. Negotiations have, been on, going with the DGS for extending the original lease and regarding certain terms that the current lease contains for 28,908 rentable square feet. DGS is working to relocate all departments out of the Honorable Mayor and Members of Council December 18, 2006 Page 2 Commonwealth Building. In order to meet its required time frame, a lease extension has been negotiated in two segments, detailed below: I Square footage ]' Rate ~ 11,663 (DOC) $3.96 psf base rent/ $8.11 Common Area Maintenance fee 1 17,245 (All other ~4.87 psf base rent/ J' departments) $8.11 Common Area Maintenance fee I ~ Period 111/1/06 - 10/31/07 FOG -7/31/07 , In the event that DGS does not vacate the leased space by the respective expiration dates of the lease, October 31,2007, and July 31, 2007, the proposed amendment provides that DeS shall remain as a holdover tenant on a month-to-month basis and rent shall be twice the highest Base Rent rate, as listed above by department, plus all other charges accruing under the Lease, and be subject to all covenants, provisions and conditions contained in the Lease. DGS must provide the City with ninety (90) days' notice prior to vacating space if dates are other than stated above. Recommended Action: Authorize the City Manager to execute the appropriate document, approved as to form by the City Attorney, to amend the Lease Agreement dated March 28, 1984, extending the existing rental terms of the Lease with the Commonwealth of Virginia Department of General Services, Division of Engineering and Buildings, for space located in the Commonwealth Building at 210 Church, Avenue, SW, to October 31, 2007, for DOC and July 31, 2007, for all other departments. The proposed amendment shall be substantially similar to the provisions outlined in the attached Fourth Amendment. Respectfully submitted, Darlene L. Burcham City Manager DLB:lph . .... " " c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager Lisa P. Hayslett, Economic Development Specialist !:.'"l"·· CM06-0021 3 Lease No, 194-LOm¡; FOURTH Al'v1ENDMENT TO LEASE THIS FOllRTH AMENDMENT to Lease (lhs' ··Amendment"). is daled Deccmber _. 2006 should Ihis dale bc the dale Council approves the amendmenllO thai cer'lain leasl' (Ihe "Ls'ase") daled March 28. 1<)84. as previously amended April 27. 1992. Novs'mher 1. 2003 and December 20.2004. by and helween CITY OF ROANOKE (the "Lc'ssor"') and the COMMONWEALTH 01' VIRGINIA. Department of General Services (lhl' "Lessee"). with occupancy by (he Dl'partmen( of Agriculture and Consumer Services. Departmenll,f Health. Deparlment of Mcdieal Assistance Services. Departmenl of Blind and Vision Impaired. Departmenll,f Social Services and Department of Corrections, WHEREAS. as provided in the Third Amendment 10 Lease. daled Decemher 20. 2004. the Lease. eonSislinl! of 28.908 renlable sCluare feet. was extended for a period of one (1) vear bel!innin!! ... J ... ... lHl July 1. 2005 and expiring on .June 30. 2006, WI 'EREAS. Ihe Lease has continucd on a monlh-IO-monlh basis since .July I. 20()6, NOW THEREAFTER. it is agreed thaI Ihe Lease he amendcd as follows: I, Leased Prcmises. Shall he modified III slate the mllllber of rl'served parking spaces eonlaincd on said premises to he 28, The Cily of Roanokc is lindeI' no obligalion 10 provide any addiliollal parking spaces to the Lessee, , Term, The Lease IeI'm for lhe Deparlmcnl of Coneclions (DOC) space. consisling of 11.447 rentahk square fl'l,t lln the ground tloor and 216 renlahle square feel on the Ihird noor. shall s'ontinue and expire on Oelober 31. 2007. and the lease term for Ihs' remaining 17.245 renlahle square feet s'(lIllaining Ihe Departmenl of Agricullure and Consumer Serviccs. Department llf Health. Department of Medical AssistanÇC Services. Departmenl of Blind and Vision Impaired and Departmenl of Social Services shall continue and expire July 30. 2007 (lhe "Extension Term"). nOlwilhslanding any provision of the Lease \0 Ille conlrary, ," ., Rent. Section" of the leasc daled March 28. 1984 is amended 10 read as follows: ( I ) Dllring the Extension Term. the hase renl shall be 53,96 per rentable square fOOl for Ihe 11.663 rentable Sl¡Uare feel leased 10 Ihe DeparlmCnl of Corrections and 54Jn per renlable sqllare foot for Ihe 17.245 renlable square feel lease III Ihe Deparlmenl of Agricullllrs' and Consumer Scrvices. Deparlmcnl of I1eallb. Deparlmenl of Medical Assislance Services. Depnrtmenl of Blind and Vision Impaired and Deparlml'nl of Social Sl'rvices, The base renl of $4.87 per rentablc sqllare foot for Ihe 17.245 renlahle square feel of space shall COl11merKe onNovcmber 1.2006, ,( 2) Shall remain as slaled, In addilion. Ihe operating expenses descrihed herein shall he $8,11 per rentable squarc foot during Ihe EXls'llsion Term, (3) Shall remain as slaled. .' II Pagc I of 8 Lease Nl>, 194-L0038 In Ih~ evenl Ihal Lesse~ docs not vaeate the leased spaec' on the c'xpiralil.\I1 dates sel forlh ahove of eilh~r Ocloher 31.2007 or July 30.2007. Lessee aeknowledges and agrees Ihal il shall r~main as a holdover Icnanl on .1 month-to-month basis and rent shall he twice the highest Base Renl rail' plus all olher charges aceruing under Ihis Lease. and Suhjed 10 all cov~nants. provisions and l'ondilion herein eontained. Lessee shallnol interpose any l'ounlcr claim (s) in a sUlllmary proL'Ceding or other aclion has cd on holdover Il'nancy. Lessee shall provide Lessor wilh ninety (YO) days' notiee prior 10 vaealing ,space if dates are other Ihan staled ahow. 4, Repairs, I.essee agrees to provide Lessor wilh exaclloeation of areas Ihal have heen damaged hy leaks no laler Ihan sixty (60) days from the date of Ihis Amendmenl. If Lessel' does not provide the exact local ion of any leaks \0 Lessor within this time. Lessor shall have an addilional sixty (60) days 10 repair such leaks, Lessor shallnol he held responsihle 1\11' failure to perfOrmlllL'se repairs anel replaeemenls if such failure is due In slrikes. fires. riots. rehellions. or Force Majeure that make p~rformance impossihle or illegal. Per Seetion 7 (b) of the lease elated March 28. 1984 Ihe Lessee agrees 10 pay the SUIll of $70406,91 in Ll'ssee's pro rata share of Capilal Maintenance fl>r roof replaccmenl per the lerms of this section. 5. allacheel, Mainlenancc. Lessor shall perform ils janiwrial resPl>nsihilities as slated in Exhibil A 6, Nlllice of Termination, S~etic)] 13 of the Lease is herehy dcleled, 7. Other Provisions. All olher provisions of the Lease remain unchanged and in full force and effect. IN WITNESS WHEREOf. this Fourth Amendmenl to Lease has heen duly exel'uted hy Ihe parties by Iheir alllhorizeel represenlativl's, BALANCE OF PAGE INTENTIO:\'ALLY LEFT BLANK I'ag~ 2 of 8 Lease No. 19-+-L003S I,ESSOR: CITY OF ROANOKE. VIRGINIA By: Cily ~vlanagt'r ATTEST: By: City Clerk APPROVED AS TO EXECUTION: By: Assislanl City Allorney APPROVED AS TO I-'ORM: By: Assislanl City Allorney LESSEE: COMMONWEALTH OF VIRGINIA. DEPARTMENT OF GENERAL SERVICES By: Ril'hard F. Sliwoski, P.E.. Direetnr REC01VIMEND APPROV AL: DEPARTMENT OF GENERAL SERVICES. and ils Division or Engineering and Buildings By: Ridwrd F. Sliwoski. P,E.. Direelor APPROVED FOR THE GOVENOR Pursuanl 10 Seelion 2,2-11-+9 llr the Code or Virginia (1950). as amended. and hy the aUlhorily dekgaled to me under Execulive Order NO.88(Ü1). dated Deœmber 21. 2001. 1 hereby appwve the Page 3 or 8 Lc"se No, 19..-Lfl03X Fourth Amendmcnt 1,-) Lease and the eXl'L'lIlion of lhis inslrumenl for an on ¡whalf of Ihe Governor of Virginia. Secretary ,-)1' Adminislration Dale: EXHIBIT A DESCRIPTION ()J< WORK TO BE PERH>R\lEU GENERAL CONDITIONS FOR CONTRACT CLEANING A. Work Week For providing Custodial Serviccs under this l·ontracl. generally lhe workweek shall he Monday Ihrough Friday, The following holidays will be observed. 1. 2, 3, ... 5, 6. 7, X, 9, Nev,,' Year's Day Marlin Lulher Kings Binhday Washinglon\ Birthday Mcmorial Day Independenl'l' Day Labor Day Thanksgiving Day Day afler Thanksgiving Day Christmas Day - I sl of January - 3rd Monday in bnuary - 3rd Monday in february - Last Monday in May - 4th of July or when observed - I sl Monday in September - 41h Thursday in November - 41h hiday in Novcmber - 251h of Deccmber SPECIFIC A TIO:\S FOR CLEANING A, WORK REOUIRED 1. General Nighlly Dulies: a, COlllractor shall emply all trash and removc from the building, Replace all can liners as nccded, b, Conlraclor shall dusl all horizonlal surfaœs including desks, file cabinl'ls allll windowsills using Irealed dust dOlhs. c, Contractor shall dean and polish all WaleI' f,->untains and sinks d, ,Conlraclor shall remove smudgcs and finger or handprints from all do'->rs allll all do'->r framcs e, Contractor shall removc any cohwehs from corners Page 4 of H Lea,se :-.1o, 1<)~-U)()3X g, Conlracllll' shall sweep stairs and landings; Damp mop spills h. ContraclOr shall dean all door glass t. Conlraclor shall remove all large lrash from entrances 1 Carnel areas: a, Conlractor shall vacuum all lraffic lanes and spOI dean 10 remove any spots aIlll/or slains h, Conlractor shall vacuum all doonnals 3, Tiled areas: a, Conlractor shall sweep wilh lreated duslmop ¡" Conlraclor shall damp mop spills nighlly c. Clllllractor shall damp nlllp all kildlen areas 4, Wood Floors: a, Conlractor shall sweep with lreated dusl mop ¡" COl1lra,'llll' shall damp mop spills nightly 5. Rest rooms: a, Conlraclllr shall clean and sanitize all fixtures and pipes b: Contractor shall damp mop noors c. Conlrac\or shall reslock all paper dispensas (Ioilel lissuL'. towels and seat cOl'ers) d, Conlra,'lor shall dean all slall partitions and mirrors e. COl\lractor shall spOI dean walls B, WORK REQUIRED EVERY TWO WEEKS: /, Conti'aclor shall sweep. damp mop and spray bull tile tloors C. WORK REQUIRED QUARTERLY: Page:; of R Lease No. IlJ4-l(I03S I, Contractor shall machine scruh and relÏnish allloilet noors ~ Conlrac'!or shall wash and sanitize walls in toilet 3, Conlractnr shall dust Venelian hlinds and HV AC \'<:nts D, WORK REQUIRED SEMI-ANNUALLY: ), CUllIraclor shall dean all windows inside and uulside 2. CunlraelOr shall snuh and rcrinish all resilielllti1c and wood l100rs 3, COlllraelor shall dean alll'arpets and treal with ant i-soil agenl 4, COlllrac'lor shall dust veri ical surraces E, WORK REQUIRED ANNUALLY: I, Contraelor shall clean alllighl IÏxlures 1 ConlraelOr shall wash all Venl,tian hlinds 3, COlllraclor shall strip and rerinish resilient tile l100rs MAINTENA!\'CE STANIlARUS FOR CLEANING A, Swee"in>:- Wet l\'¡o""in>: or Seruhhin>:- The l10ms shall he dean and free or dirt. water slreaks. mop marks. Siring. gum. grease. tar. etc.. and present an overall appearancc or deanliness, All surraccs shall he dry and the comers clean, Daily disinreclanl thai kills HIV virus and alhleles root shall he used in all reslroollls. shower room and locker rooms. B, Damn Monnin!.! and Snray Buffin>:- Floors will he free or streaks. mop slrand marks and skipped areas. Walls. baseboards and other surfaces shall he rree of splashes and marks rmlll the equipment. The finish area should ha\'e a unirorm luster. C. Porcelain Ware Care- Porcelain fixtures (washhasins. urinals. toilets. ele,) shall he clean and hright: there shall he no dusl. spOls. slains. rust. green mold. ennustalion. or excess moislure, D.' Serviein!.!- All supply dispensers shall he filled, WaSIl' receptacles shall be , emptied and sanilary naljkin dispensers emplied. dealied. disinfected and new hags inserted, E, S"OI C1caning- Smudges. marks. or SpOls shall have heen removed without Page (0 or 8 Lease No, 194-L003S causing any discoloration from walls. doors. mirrors. ceilings. etc, Furniturc (Iahles. chairs. desks. elc,) shall he frce of dust. smudges and fingerprinls. f'. Policing- Toilel rooms shall he free of all paper. Irash. emply hOllIes and olher discarded malerial, G, Damn Wining- All dirt. dUSI. waleI' stains. spOIS. slreaks. and smudges shall he removed from the surfaces. H. Slripping- All old finish or wax shall he removed. There shall he no build-up in ~orllers or crevices. I. finishing- Walls. baseboards and olher surfaces shall he free of finish residue and marks from Ihc equipment. Floors shall bc free of slreaks. mop strand marks and skipped areas, J, Vacuuming/Shampooing- CarpelS shall be dean and free from dusl balls. dirt and other dehris: nap on carpels shall lie in one direction upon completion of the vacuuming tasks. Carpets shall he shampooed in accordance 'Nith all ached melhods and frequencies. K, Melal Polishing- Melal surfaces shall he free of smears. strains and finger marks, They shall he clean and brighl and polished 10 a uniform lusler. L. Wood Polishing Wood surfaces shall be dean and free of smudges and residue, M, Dusting- There shall be no dusl slreaks. Corners. crevices. moldings and ledges shall be free of all dust. There shall be no oils. spOIS. or smudges on dusted surfaces caused by dusting tools, N, Cleaning Wastehaskets- Wastebaskets shall be free llf dUsl. debris. and residue, Liners shall be changed as needed, 0, Pol ishing- Ohjeels shall have a polished and lustrous appearance, p, Glass Clcanin!!- All glass shall be clean and free of din. grime. dust. slreaks. walermarks and spots, AppearanL'C should nol he cloudy. Q, Cleanin!! the Drinking Founlains- The porcelain or stainless sleel surfaL'es shall he dean and bright. They shall he free of dusl. spOIS slains and slreaks, Founlains shall be kepi free of trash. ink. coffee grounds. ele, Nozzles shall be free from encrustation, , R: Window Washing- Washed glass shall be clean and free of din. grime. slrcaks and ~ excessive moislure allll shall lH,lt be cloudy: ,Window sashes. sills. woodwork and olher surroundings of inlerior glass shall he wiped free of drippings and other war marks, Page 7 of 8 Lease No. 194-LOU38 S, Washing (Window Blinds) - Both sides of wimll\\v hlind slals shall be clean and free of dllsl and waleI' spOls, Cords and tapes shall be clean, T, DlIsling (Window Blinds) - ßllth sides of window blind slats shall be free of dus\. U, High Cleaning Surfaces shall be dean and free of dus\. Where glass is present. bolh sides shall bc clcan and free of slreaks, V, Cleaning (Floor Mats) - Floor mats shall be clean and free of dirt. grimc. slains and cxcessivc huildup and eruslcd matcrial. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK " , Page 8 or 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chun:h Avenue', S. \V.. Room 456 Roanllke. Virginia 240 I I ·153ó Tclcph()n~: (540) 853-~5..11 Fa.': 1.5·..Q 853-1145 F.-mail: ¡.;krkc§.lr(1;1Il(1k~\a.g.o\. SIIEILA ~, H.-\RnIA~ Assislalll CilY Clerk oP~' - ;1. ::"d"i , .' , '" ~iI " STEPIIA¡,IE ~1. ~100~, C~lC Actlng City Ck'rk December 19, 2006 File #24-322 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Ordinance No.3 7648-121806 amending and reordaining Section 19-28, Displav or exhibition of license. of Chapter 19, License Tax Code, Code of the City of Roanoke (1979), as amended, effective March 1, 2007. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006, and is in full force, effective March 1, 2007. Sincerely, ~:t±:-~:o~c ~ Acting City Clerk SMM:ew Attachment Darlene L. Burcham December 19, 2006 Page 2 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 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 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Sherman M. Stovall, Director, Office of Management and Budget st'~ IN THE COIDJCIL OF THE CITY OF ROAL'JOKE, Vm,GINIA The 18th day of December, 2006. No. 37648-121806. AN ORDINANCE amending and reordaining Section 19-28, Display or exhibition of liCCIlS~, of Chapter 19, LL~ensc Tax Code, Code of Ihe Cily of Roanoke (1979), as amcndcd; providing for an ctTecti\'e datc; and dispensing wilh Ihc sccond reading by tille ofrhis ordinance, BE rr ORDAlt\ED by the Council ofthc City of Roanokc as follows: I, Section 19-28, Disnlav or exhibition oUicen~ of Chapter I'), License Tax Çode, Codc of Ihc City of Roanoke (1979), as amended, is herehy amended and rcordained to read and providc as follows: § 19-28, Disp1av or exhihition of 1iç,cn,~, Evcry person required to obtain any license lag or sign pursuant to the provisions of this chapter shall display such tag or sign on Ihe vchicle or machine designated on the license" Every person required to pay a business license (ax shalllæe¡3 post the business license certificate issued therefor in a convenient and visible plac.c at his place of busincss and, whenever required to do so, shall exhihit the same receipt of payment oflhe business license laX to the license inspector or to any member of the police departmcnt or olher office or deparllllent detailed or authorized to inspect sllch heeftsereceipt, Any person violating this section shall bc guilty of a Class 4 misdemcanor. 2, Pursuant 10 Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispenscd with. 3, This ordinance shall take effect March 1,2007, ATTEST: Actio, Ciry C1~' ~ðhu K:\¡\h.·,:¡.sI~res\Code :\ml.'ndmem See!:¡);,; I !:J-28 Display orl.i.:::L·:s:....doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER N~lt.~l C. Taylor \-ftmiÒpal Building 215 Church Avelluè, S.\V., Room 364 Rll~lIlnkl.', Virginid 24-011-1591 Il.'k'plwlll'. (5·11)) ~::;.~ 2:~:'3 F,I.\.: (5·10) $5.3 J 13S City \Vl+: \\·\\"w.r'1,1IH.l..t'\'a,h11v December 1 8, 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: Amendment of License Tax Code Regarding Display of Business License Dear Mayor Harris and Members of City Council: Background: Section 19-28 of the Code of the City of Roanoke (1979) requires every person who pays a license tax to keep the license in a convenient place at the place of business and, whenever required to do so, present the license to the license inspector or to any member of the police department authorized to inspect it. Considerations: As it currently provides, this section of the Code does not facilitate ease of inspection by the license inspector or police officer as would be the case if the license was physically displayed in a visible location at the place of business. Recommended Action: In order to facilitate inspection, adopt the attached ordinance amending Section 19-28 of the Code to require ever.y person who pays a license tax to post the I' ' business license certificate issued: in a convenient and visible place at the place of business, effective March' 1, 2007, and whenever required to do so, to present the receipt of payment of business license tax to the license inspector Honorable Mayor and Members of Council December 18, 2006 Page 2 or to any member of the police department or other office or department authorized to inspect such receipt. Respectfully submitted, rcham DLB/rbl 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 Sherman M. Stovall, Director of Management and Budget CM06-00197 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S, W,. Room 45~ Roanoke, Virginia 24011-1536 Telephone: (540) K'U-25·1I Fax: IS,IIl) R5J-] l·t5 E-mail l.:krk@f(l3.1lokl·V3.gO\, SHEILA K HARH1A,", A¡,sisl:ulI City Ckrk STEPHANIE M, MOON, Ole ACllllg City rlelk December 6, 2006 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am enclosing copy of Ordinance No.3 7649-121806 appropriating funds from the Federal and Commonwealth governments to support various school grants and programs, and amending and reordaining certain sections of the 2006- 2007 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006, and is in full force and effect upon its passage. Sincerely, Á-r;;¡l~~j rh. ~ø,v Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget David B. Carson, Chair, Roanoke City School Board, 3037 Carolina Avenue, S. W., Roanoke, Virginia 24014 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 "/ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2006. No. 37649-121806. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments to support various school grants and programs, amending and reordaining certain sections of the 2006-2007 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Equipment GED Examiners Social Security Supplies GED Examiners Social Security Testing Fee Tuition Travel Supplies Revenues Federal Grant Receipts State Grant Receipts State Grant Receipts 30-062-6518-0821-6029 30-062-6701-0121-6550 30-062-6701-0201-6550 30-062-6701-0614-6550 30-062-6704-0121-6550 30-062-6704-0201-6500 30-062-6704-0382-6550 30-062-6704-0551-6550 30-062-6704-0614-6550 30-0ô2-€518-1102 30-062-6701-1100 30-062-6704-1100 $25,864 3,802 291 (500) 3,425 263 696 800 400 25,864 3,593 5,584 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~m.~, ~ City Cler~. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Ch,Ú· Alvin l. Nash, Viet' Chair Jason E. Bingham Mae G, Huff William H. Lindsey Courtney A. Penn Todd A. Putney f'.larvin T. Thompson, Supcrinf,..'ndent Cindy H. Poulton, Clerk of tht! Boar£1 December 18, 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 December 12, the Board respectfully requests City Council to appropriate monies to the following programs: · $25,864.00 for the Special Education Assistive Technology program to provide funds to assist the division in providing assistive technology for children with disabilities. This continuing grant program will be one hundred percent reimbursed by federal funds. · $3,593.00 for the GED Expanded Testing program to provide additional instructors and supplies for GED preparation classes and for the administration of the GED examinations. This appropriation represents the final state allocation for this continuing program. · $5,584.00 for the Race to GED-Bridge to Hospitality Careers program which is the Governor's initiative to build partnerships with local hotels and restaurants in an effort to provide GED Fast Track classes to their employees utilizing industry specific instruction. This new program is one hundred percent reimbursed by state funds. The Board thanks you for your approval of the above requests. Sincerely, C~";,:::- re cc: Mr. David B. Carson Mr, Marvin T. Thompson Mr, William C. Wingfield Mr. Kenneth F. Mundy Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann A. Shawver (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE :!15 Chun.:h Avenue. S.\V.. ROlllll461 P.O. Box 1220 Roanoke. Virginia 24006-1220 Telephone: 1540) 853-2821 Fax: (540) 853-6142 ANN II. SHAWVER ()eput~· Dirt('[Or ClIl.lil. ;1I111_5h.\w\~r!!"\:i 10;1110""::.\",1.,15 .JESSE A. HALL Direelm" fir Fimlß('l.' cr:l.lll. .1c~,('_h,lIl·!!.ci r(¡alhl"t:.\,l.ll~ December 18, 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 Board Appropriation Request As a result of official School Board action at its meeting on December 12, 2006, the Board has respectfully requested that City Council appropriate the following funds: · 525,864 for the Special Education Assistive Technology program to provide funds to assist the division in providing assistive technology for children with disabilities. This continuing grant program will be one hundred percent reimbursed by federal funds. · $3,593 for the GED Expanded Testing program to provide additional instructors and supplies for GED preparation classes and for the administration of the GED examinations. This appropriation represents the final state allocation for this continuing program. · 55,584 for the Race to GED-Bridge to Hospitality Careers program which is the Governor's initiative to build partnerships with local hotels and restaurants in an effort to provide GED Fast Track classes to their employees utilizing industry specific instruction. This new program is one hundred percent reimbursed by state funds. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, qhl^- 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 Central Roanoke Mobility Study Alternative A - Orange Avenue & Williamson Road Partial Cloverleaf Description This alternative is a partial cloverleaf interchange with a braided ramp f1yover exit to Williamson Road Southbound and a relocated loop ramp at Kimball Avenue northbound. At Orange Avenue, the SB exit ramp terminates at an at-grade signalized intersection. This exit ramp extends back almost to the Liberty Road overpass to allow enough spacing between this exit and the new Williamson Road/Wells Avenue Exit, which begins diverging from the mainline in the vicinity of the existing WB 460 to SB 1- 581 entry ramp. That entry ramp is eliminated, and the WB 460 to SB 1-581 movement is accommodated by a left turn at the new signalized intersection. A sound barrier and retaining wall will likely be required along the entire west side right of way limits to lessen the noise impacts of the exit ramp and to accommodate the necessary excavation to create the exit ramp. These walls and barriers will be very prominent from both the highway side and the adjacent properties, so aesthetics will likely be important. The 1-581 bridge over Orange Avenue remains in place with no significant changes to the basic structure. The northbound configuration retains the EB 460 to NB 1-581 loop ramp, and a new signalized intersection is constructed to provide access to WB-460. . An auxiliary lane runs along the entire NB segment between the NB 1-581 to EB 460 exit ramp and the current Williamson Road NB 1-581 entry ramp. That entry ramp is relocated approximately 600 feet to the south with access from Kimball Avenue rather than Williamson Road. The new ramp runs just north of Shenandoah Avenue and ties into NB 1-581 in the vicinity of Kimball Avenue, providing greatly improved weave operations compared to the current inadequate merge and immediate diverge arrangement. Benefits · Eliminates substandard mainline weave sections on both NB and SB 1-581 · Eliminates substandard weave sections on both EB and WB U.S. 460 · Eliminates the extremely short weave area between mainline SB 1-581 and Williamson Road/Wells Avenue ramp · Provides a continuous auxiliary lane on mainline NB 1-581 between Kimball Avenue and the NB 1-581 to EB 460 exit ramp. · Minimizes reconstruction costs and difficulty by utilizing the EB 460 to NB 1-581 loop ramp · Provides a fairly conventional partial cloverleaf design that should be readily understood by most motorists · Minimizes impacts to adjacent properties and stays mostly within existing right- of-way · Mainline traffic flow should not be severely impacted since most construction is outside the shoulder. · Minimizes impacts to the EB and WB 460 lanes during construction since this option generally utilizes existing pavement section ~;J C:'---:'~'--"-~---"l i.~i~:!:~~_.~~~:::::~:/.... n.:... ........ ...I Central Roanoke Mobility Study · Slightly improves the spacing and geometry for right turns from SB 1-581 to WB 460 and for NB 1-581 to EB 460. · Minimizes impacts to Lick Run and Lick Run Greenway by straddling the stream and using structure to reduce stream relocation and stream impacts. · Minimizes impacts to railroad property and utilities needed to construct relocated Kimball Avenue to NB 1-581 ramp · Removal of existing Williamson Road to NB 1-581 entry ramp provide a large developable parcel with access from two roads · Corrects the most serious deficiencies between Liberty Road and Shenandoah Avenue Challenges · Requires extensive construction of the new exit ramps for Route 460 between Liberty Road and Douglass Avenue which move traffic closer to adjacent properties and require major retaining and sound barrier structures. This construction creates a very large paved section and eliminates most of the vegetation in this highly traveled "gateway" corridor · Replaces free flow condition for SB ramps with a signalized intersection that increases delay, especially for WB 460 to SB 1-581 traffic. This new signalized intersection operates at LOS E in year 2025 · Encroaches on Lick Run Greenway, with the construction of a high retaining wall close to the pedestrian trail · Encroaches on the pedestrian bridges from Walker AvenUe to the parking lot of the Roanoke Civic Center (Note: These bridges are being removed and or replaced as part of the City of Roanoke Walker Avenue Gateway project currently under design) · Leaves the existing 1-581 at its current elevation with 13'-8" clearance, well below the current 16'-6" desirable and 14'-6" minimum for new construction · Encroaches on the ring road for the Roanoke Civic Center to provide the needed dual lane exit ramp from NB 1-581 to EB 460 ~;J ...... . '" ." .._.~...ø···-"·-·~-·-ì :i:~::~;~:f.~~~~J·j::¡ Central Roanoke Mobility Study Alternative B - Orange Avenue & Williamson Road (Diverging Diamond) Description In the vicinity of Route 460 (Orange Avenue). this alternative calls for the reconstruction of the existing cloverleaf as a diverging diamond interchange, a relatively new interchange form that offers high capacity without requiring extensive new or replaced bridge structure. This alternative most resembles Concept Alternative OA-7, with the ramp geometry tightened and shifted west to optimize the ramp geometry. It also requires a significant increase in the length of the SB exit ramp to Route 460, essentially extending it to just south of the Liberty Road bridge. As with Alternative A, this increase is needed to allow enough separation between this ramp and the new Williamson Road/Wells Avenue ramp that exits the mainline just north of Orange Avenue to allow it to be braided with the 460 to SB 1-581 entry ramp, thereby eliminating a hazardous weave area. Along Orange Avenue, through traffic is channeled to pass under the 1-581 bridge on the left side (rather than the U.S. customary right side) before returning to the current alignment on the other side of the new exit ramp terminus. The key to the safe and efficient operation of this type of interchange is developing positive channelization, strategic visual screening, and simple clear signage to guide traffic through this unconventional arrangement of lanes. The main advantage of this design is that the intersections are simple angled crossings controlled by two phase signals, which allow shorter cycle lengths and minimize lost time due to amber phases. Also, two lanes of traffic flow at once in almost every movement, compared to many conventional signalized intersections that accommodate only single left turns. The resulting level of service is higher than most comparable alternative designs. The biggest challenges will be developing the optimal geometry and clear guidance signs within the limited distance available between the Gainsboro Road/Burrell Street intersection and converting the existing interchange to this new configuration under traffic. Educating the public about the operation and advantages of this novel design will also require considerable effort. By the time this project would be in the construction design phase, at least one such interchange is expected to be in operation on an interstate highway in Kansas City, Missouri. The rest of this alternative is identical to Alternative A, with the exception of the location of the NB 1-581 entry loop ramp from Kimball Avenue, which is shifted slightly to the south. crossing Shenandoah Avenue and running parallel to it before crossing back over and merging with the NB mainline. Benefits · Eliminates substandard mainline weave sections on both NB and SB 1-581 · Eliminates substandard weave sections on both EB and WB U.S. 460 · Eliminates the extremely short weave area between mainline SB 1-581 and Williamson Road/Wells Avenue ramp · Minimizes impacts to adjacent properties and stays mostly within existing right- of-way · Mainline traffic flow should not be severely impacted since most construction is outside the shoulder ~;J ."~"'" .........-. .~......~~......~. .............~.... ...... .................... ...... ... ....... ............... .- ..;;;;~;:;j}:}:;'~·i:!;,'!:::::::::,.::.,: Central Roanoke Mobility Study · Provides very efficient traffic control scheme that utilizes dual left turns. free flow ramps, and simple two phased signalized intersections to provide Level of Service C in year 2025 · Slightly improves the spacing and geometry for right turns from SB 1-581 to WB 460 and for NB '-581 to EB 460. · Creates a significant area of surplus land adjacent to the Roanoke Civic Center that could be utilized to provide a significant amount of additional parking · Minimizes impacts to Lick Run and Lick Run Greenway by straddling the stream and using structure to reduce stream relocation and stream impacts. · Minimizes impacts to railroad property and utilities needed to construct relocated Kimball Avenue to NB 1-581 ramp · Removal of existing Williamson Road to NB 1-581 entry ramp provide a large developable parcel with access from two roads · New NB 1-581 entry ramp from Kimball Avenue eliminate the displacement of one business while further increasing the available weave length. · Corrects the most serious deficiencies and provides the opportunity to improve inside and outside shoulder width between Liberty Road and Shenandoah Avenue Challenges · New interchange form is unconventional and requires significant education/public relations campaign and careful design to avoid confusing motorists. · Requires extensive construction of the new exit ramps for Route 460 between Liberty Road and Douglass Avenue which move traffic closer to adjacent properties and require major retaining and sound barrier structures This construction creates a very large paved section, introduces extensive storm drainage requirements, and eliminates most of the vegetation in this highly traveled "gateway" corridor · Requires relocation of sidewalks to the back side of the piers to provide adequate clearance between travel lanes and barriers. · Limited distance between Burrell StreeVGainsboro Road and SB 1-581 ramp termini creates signal coordination and guide sign challenges. · Encroaches on Lick Run Greenway, with the construction of a high retaining wall close to the pedestrian trail · Encroaches on the pedestrian bridges from Walker Avenue to the parking lot of the Roanoke Civic Center (Note: These bridges are being removed and or replaced as part of the City of Roanoke Walker Avenue Gateway project currently under design) · Leaves the existing 1-581 at its current elevation with 13'-8" clearance, well below the current 16'-6" desirable and 14'-6" minimum for new construction · New entry ramp from Kimball encroaches heavily on NS railroad parking lot and requires major power line relocation for the construction of ~I;J ',',', ,"',"" .".'.' ~..,,' !!., ..!.... ... .. ........ .... '". n. ;:~~~};;~>~t:¡"'.;"":·':'" Central Roanoke Mobility Study Alternative C - Elm Avenue Interim Improvements Description This Alternative involves improvements to the ramps and bridge at Elm Avenue Avenue. It closely resembles Concept Alternative EA-1. with the important exception that it does require the bridges over 1-581/U.S. 220 and over the NS railroad tracks to be widened to both the north and south sides. This widening requires one additional pier and an extension of the pier cap and abutment on all corners of the existing bridge. Two additional girders would be added to each side of the bridge, which would become about _ feet wider. The design of the widening needs to ensure that the vertical clearances from the bottom of the bridge structure to the top of roadway or rail are not reduced. This extra width allows a full length turn lane across the bridge instead of the very short lanes provided under the current configuration. The extra width also allows dual left turns from the exit ramp in both the northbound and southbound directions, dramatically improving the capacity of these movements. The wider bridge also accomodates sidewalk on both sides, an important feature in this area of high pedestrian activity. A few small strips of property need to be acquired to allow the construction of retaining walls along the edges of the exit ramps. The northbound approach to the Williamson Road intersection is realigned to provide a better radius for the right turn movement. It is important to note that Alternative C is not a complete long-range solution to the traffic problems at Elm Avenue. The traffic models show that while it would be a major improvement over the existing interchange - dramatically reducing average PM peak hour stopped delay per vehicle from 320 seconds to 130 for the southbound intersection and from 68 to 58 for the northbound intersection - this interchange still operates below the acceptable LOS of D. It should be viewed as a major step toward improving the situation, and represents an incremental stage in the more permanent solution represented by Alternative 0, since the extra width on the north side of the bridge constructed for Alternative C would be necessary for maintenance of traffic Alternative o is constructed. Alternative C also does nothing to improve the relatively short acceleration lane to NB 1-581, which would require the widening of the bridge over Tazewell Avenue. That widening is included in Alternative D. Benefits · Provides a major improvement in capacity and a significant reduction in delay, primarily by allowing dual left turns from both the SB and NB exit ramps · Significantly improves storage for left turns from Elm Avenue · Involves relatively straightforward and simple construction techniques and construction staging · No homes or businesses would be displaced for the construction of this improvement · Provides good pedestrian accommodation · Represents a relatively economical improvement with the prospect of implementation in the near term ~;J I (.........:.....:................:...,....,.....,........., ,;.:~E\;::}~.Œ':~~,_j Central Roanoke Mobility Study · Requires moderate disruption of traffic and economical traffic maintenance Challenges · Improves operations but does not provide acceptable level of service for the long term · Requires some construction that would be demolished later if Aftemative D is constructed · Clearance over 1-581 and the NS railroad tracks will be tough to maintain with widened bridges · Construction along 1-581 presents minimal staging area and traffic control issues for construction vehicles · Retaining walls along the existing exit ramps must be constructed in restricted areas · Public may be disappointed if they perceive this construction as providing a full long term solution · Does nothing to improve the substandard 14' - 4" vertical clearance (compared to 16' - 6" desirable clearance) beneath the Elm Avenue Bridge. · Does nothing to improve the NB 1-581 entry ramp acceleration length · Federal funding guidelines may not allow expenditures of significant money on "inadequate" or partial solutions. r(;J [;~~~~.~~~~l~ii~~l~¡~~:· ;.~j;¡¡!~1~ .... ,.) j. .... ..,.. ..... . .. t/i:)i~;~¡~~:t.. ".".. ",:,'.H~~~;!~~in¡:~ Central Roanoke Mobility Study Alternative D - Elm Avenue Long Term Improvements (SPUI) Description This Alternative provides a more definite and effective long term traffic solution to the Elm Avenue bottleneck than Alternative C. The design is a single point urban interchange (or SPUI), which improves traffic flow by allowing left turns (and mostly dual left turns) to pass opposite each other to the left of oncoming traffic, thereby eliminating a signal phase and the associated lost time. This efficiency comes at a considerable cost, as the bridge generally becomes very wide and has a structurally inefficient "bowtie" shape with variable girder spacing to provide the necessary geometry. The main bridge over 1-581 would be constructed mostly in the clear, but would require challenging pier construction in the center of 1-581. This configuration also requires extensive retaining walls due to the close proximity of the entry and exit ramps to the mainline lanes. This extensive investment would provide a significant benefit in terms of safety and efficiency. By locating the new bridge to the south of the existing bridge and raising the grade slightly, the vertical clearance is improved by aligning with the lowest point of the mainline grade. The shorter span length required due to the presence of the centerline piers also improves the vertical clearance. These two factors help reduce the needed increase in bridge deck elevation to about one foot, which reduces the complexity of maintaining traffic during construction, especially on the bridge over the NS railroad tracks, which would need to be widened but not reconstructed. The northbound approach to the Williamson Road intersection is realigned to provide a better radius for the right turn movement. The SB entry ramp and the NB entry ramp would require difficult staged reconstruction and realignment to move them further away from the mainline to allow sufficient length of retaining wall and adjusted vertical grade at the ramp gore. The shift to the south would also dictate the widening of the bridge over Albemarle Avenue to provide an adequate acceleration lane length for the SB entry ramp and an adequate deceleration lane length for the NB exit ramp. The new alignment of Elm Avenue would force the displacement and complete acquisition of property from two businesses (one pizza delivery business and one convenience store) located along Elm Avenue and Fourth Streets. Also. a portion of the self storage warehouse located along Fourth street would need to be removed and rebuilt to allow for the ramp construction. Fourth Street would be closed to cross traffic. and a roundabout should be located to accommodate U-turns in the vicinity of the 6th Street/Bullitt/Jamison Avenue intersection. Benefits · Efficient Single Point Urban Interchange design provides an effective long term solution to the traffic bottleneck at Elm Avenue by accommodating opposing dual left turns simultaneously and eliminating a signal phase. · Improves the overpass grade to provide desired 16'-6" clearance on mainline i- 581 and U.S. 220 · Significantly improves storage for left turns from Elm Avenue · Eliminates conflicts and simplifies traffic flow by closing the median at Fourth Street ~;J ......,...,.,.,.,....,,-,.....,._,...,..þ..,.......,..,.,._,... . .. . - ..- .·:;:[:~::~:i;~:~:;~J~:f~i:~::~;;i:~:~:;~:. ~::: ;:~ Central Roanoke Mobility Study · Provides good pedestrian accommodation · Lengthens the NB 1-581 entry ramp by widening the east side of the bridge over Tazewell Avenue. · Significantly improves the SB 220 entry merge by widening the bridge over Albemarle Avenue and Williamson Road and extending the acceleration lane. · Significantly improves the NB 220 exit condition by widening the bridge over Albemarle Avenue and Williamson Road and extending the deceleration lane. Challenges · Maintenance of traffic on Elm Avenue during construction · Construction of piers along centerline of 1-581/Route 220 will impact mainline traffic for significant periods of time · Construction of new girders will require short duration closures and detours on mainline while steel is being erected · Bridge over Albemarle arid Williamson Road is high and has unusual geometry with severe skew Construction along and above rail and vehicular traffic in tight areas will impact schedule and costs · Extensive retaining wall construction will be required to separate mainline from widened ramps · Two businesses and significant property will be taken for the relocation · One business will required partial demolition and reconstruction to allow the widening of the NB exit ramps. · Closure of 4th Street median opening will impact access to neighboring homes and businesses · Widening of bridge over Tazewell Avenue will require significant reconstruction of Tazewell Avenue to lower the grade under the widened section of the bridge to maintain minimum clearance. This construction would take several months and could have a major impact on traffic and local businesses during construction · Construction of widened shoulder off the south abutment of the Albemarle/Williamson Road bridge is in extremely tight space behind an existing business · Widening to the north side of the existing Elm Avenue bridges over 1-581/220 and the NS railroad is likely required for maintenance of traffic. (This widening is part of Alternative C). ~;J r ;:r~~~f~~;f:~; . l::-··,;~\:¡;¡J;Ú::~;;/: . Central Roanoke Mobility Study Alternative E - Franklin Road/Colonial Avenue/Wonju Street Long Term Improvements Description This Alternative includes improvements very similar to those of Concept Alternatives FR-1 and CW-1. The bridge over the Roanoke River, the Norfolk Southern Railroad, and Wiley Drive will be widened on both sides to accommodate an additional lane to serve as a continuous auxiliary lane handling the heavy weave movements between the closely spaced interchanges. A short stretch of retaining wall would be needed at each end of the bridge to tie to the wider abutments. In order to allow necessary horizontal clearance, the piers of the Brandon Avenue Bridge would have to move outward. This requires the complete reconstruction of this bridge, including the very challenging job of constructing piers in the median of Route 220 under traffic. Fortunately, the existing bridge has enough deck to accommodate the needed three travel lanes on Brandon Avenue during the staged construction. As part of the Colonial Avenue Wonju Street improvement project currently under design by VDOT, the Colonial Avenue exit ramp will be widened to allow dual left turns. Along Colonial Avenue, the travel'anes will be reassigned to allow a single lane northbound. a single left turn and two through lanes southbound. NB left turns onto 23rd street will be prohibited and a narrow concrete median will be constructed between the Colonial Avenue exit and Wonju Street. Two through lanes and a single left turn lane on to SB 220 will be provided south of Wonju Street. As these improvements are funded and approved, they are assumed in place but not shown as part of this alternative. The WB approach to Colonial Avenue on Wonju will be widened to allow dual left turns and a single right turn lane. The SB 220 to EB Wonju Street loop ramp will be reconfigured to improve the radii and move the merge point closer to Colonial Avenue. As part of this improvement, the SB 220 bridge over Wonju Street will be widened. a retaining wall will be constructed along Sanford Street, and the deceleration lane will be lengthened to allow vehicles more room to slow down prior to exit. In the NB direction, both the entry and exit loop ramps for NB 220 are eliminated. A signalized at grade intersection is constructed at the approximate location of the existing ramp termini. This intersection increases delay on Wonju Street, which currently has no signals between Colonial and Franklin Avenues. Benefits · Significantly improves merge from Franklin Road to SB 220 by creating an auxiliary lane to allow an adequate weave area. · Addition of a second left turn lane and the reconfiguration of Colonial Avenue reduce queuing of PM peak traffic back onto SB 220, reducing a hazardous condition · significantly improves safety by eliminating two extremely short weave sections (one on NB 220) and one on EB Wonju Street) and two ramps with substandard radii. ~;J I :::~~:;¡;;~t:~'~ ~~i:;] Central Roanoke Mobility Study · Lengthening and straightening the NB 220 entry ramp and providing an auxiliary lane allows easier and safer merges. · Most of the pavement along Wonju Street can be reused, reducing the traffic maintenance complexity, duration, and cost. · Accomodates the NB 220 to EB Wonju Street movement, which is currently not allowed at this interchange. This movement will grow in importance with the current and proposed development occurring along Franklin Road (Ivy Market), Reserve Avenue (the Riverside Center). and along Jefferson Street (Carilion Roanoke Memorial Hospital). · New configuration removing EB Wonju Street to NB 220 entry loop allows ample length and dedicated lane for SB 220 to EB Wonju exit loop ramp Challenges · Construction of widened bridge over NS railroad tracks, Roanoke River, and Wiley Drive is very difficult due to rail traffic and safety requirements, pier heights, lack of staging and layout areas, steep slopes at the abutments, and high traffic volumes on 220 · Horizontal clearance requirements from piers to railroad tracks may complicate geometry of bridge widening. · Partial demolition of bridge deck next to traffic and preventing falling debris is important · Replacement of the Brandon Avenue bridge requires difficult foundation and pier construction between lanes of traffic, staged construction, temporary detours, and minimal staging and laydown areas. · Proximity of homes and businesses to retaining walls along widened section south of Brandon Avenue impacts construction techniques and increases risk and costs · Short distance between the ramp gore at Colonial Avenue and Wonju Street exit ramps limits decision time for drivers unfamiliar with the configuration · Widening for NB 220 exit to Wonju Street requires extension of concrete railroad tunnel and adjacent retaining wall · New signalized intersection on Wonju introduces a new source of delay between two nearby busy intersections where current conditions offer free flow (albeit with inadequate geometry) · Staging construction of new ramps while maintaining traffic on existing ramps ~;J [:.?~:::~::::. ..¡;:::::;~:;:,". ~:::::;:; ':~:;'::~":~; ,. ,...... ..·..·..·1 ,;1~.~::<~";:~=~:J:~::~:~:t?:::: .;:.:.:1 1. .' . ........:.. .......~~...~......._¡ Central Roanoke Mobility Study Alternative F - Franklin Road/Colonial Avenue/Wonju Street Interim Improvements Description This Alternative shares many features with Alternative E (and Concept Alternatives FR- 1 and CW-1) with several very important differences. This can be considered an interim solution with considerably less complexity and costs that could be implemented as a necessary stage in implementing Alternative E. One major difference is the bridge over the Roanoke River and the Norfolk Southern Railroad and Wiley Drive is widened only on the west side to accommodate an additional lane to serve as a continuous auxiliary lane to handle the heavy weave movements between the SB Franklin Road and SB Colonial Avenue interchanges. A short stretch of retaining wall would be needed at each end of the bridge to tie to the wider abutments. In order to allow necessary horizontal clearance, the piers of the Brandon Avenue Bridge would have to move outward. This requires the complete reconstruction of this bridge, including the very challenging job of constructing piers in the median of Route 220 under traffic. Fortunately, the existing bridge has enough deck to accommodate the needed three travel lanes on Brandon Avenue during the staged construction. As with Alternative E, as part of the Colonial Avenue Wonju Street improvement project currently under design by VDOT, the Colonial Avenue exit ramp will be widened to allow dual left turns. Along Colonial Avenue, the travel lanes will be reassigned to allow a single lane northbound, a single left turn and two through lanes southbound. NB left turns onto 23rd street will be prohibited and a narrow concrete median will be constructed between the Colonial Avenue exit and Wonju Street. Two through lanes and a single left turn lane on to SB 220 will be provided south of Wonju Street. As these improvements are funded and approved, they are assumed in place but not shown as part of this alternative. The WB approach to Colonial Avenue on Wonju will be widened to the median side to allow dual left turns and a single right turn lane. The main change to the Wonju Street interchange is the elimination of the EB Wonju Street to NB 220 entry loop ramp. This movement will be accommodated by an at- grade signalized left turn lane that utilizes the current median side through lane for storage. The SB 220 to EB Wonju Street loop ramp remains in its current location. but with the removal of the loop ramp, the weave lane becomes the second EB though lane, and ties to the existing alignment just before the existing bridge over the NS Railroad tracks. The WB Wonju to NB 220 ramp remains in place, and is modified to accommodate the left turns that formerly used the loop ramp that is removed under this option. The NB 220 to WB Wonju street loop ramp remains in service in its current configuration. This option does require some additional pavement and the installation of a signal to provide a protected left turn phase, which will introduce some delay compared to the current configuration. However, it will improve safety by eliminating two extremely short ~~ I ::¡·i;ai~:::îi·;···········' , Central Roanoke Mobility Study weave sections. The remaining loop ramps will still have substandard radii, but without accelerating vehicles sharing the weave area, the necessary deceleration can occur with minimal effect on mainline traffic flow. Benefits · Significantly improves merge from Franklin Road to SB 220 by creating an auxiliary lane to allow an adequate weave area. · Addition of a second left turn lane and the reconfiguration of Colonial Avenue reduce queuing of PM peak traffic back onto SB 220, reducing a hazardous condition · significantly improves safety by eliminating two extremely short weave sections (one on NB 220) and one on EB Wonju Street) and two ramps with substandard radii. · Lengthening the NB 220 entry ramp allows easier and safer merges. · Minimal disruption to traffic on Wonju is required during construction. · This option represents a lower cost interim stage that is required for the ultimate construction of Alternative E. Challenges · Construction of widened bridge over NS railroad tracks, Roanoke River, and Wiley Drive is very difficult due to rail traffic and safety requirements, pier heights, lack of staging and layout areas. steep slopes at the abutments, and high traffic volumes on 220 · Horizontal clearance requirements from piers to railroad tracks may complicate geometry of bridge widening. · Partial demolition of bridge deck next to traffic and preventing falling debris is important · Replacement of the Brandon Avenue bridge requires difficult foundation and pier construction between lanes of traffic, staged construction, temporary detours, and minimal staging and laydown areas. · Proximity of homes and businesses to retaining walls along widened section south of Brandon Avenue impacts construction techniques and increases risk and costs · Short distance between the ramp gore at Colonial Avenue and Wonju Street exit ramps limits decision time for drivers unfamiliar with the configuration · New signalized intersection on Wonju introduces a new source of delay between two nearby busy intersections where current conditions offer free flow (albeit with inadequate geometry) · Omitting widening of NB side of the bridge over the NS rail yard, Roanoke River, and Wiley Drive provides a reduced merge zone and less improvement to safety than Alternative E. ~~ ,~--~ ~ "..... ....... .....~...... . :~.~:1;~~¡~~:f~:~¡'· ~:¡/,~~j,f¡;;:¿=5~!;I, Central Roanoke Mobility Study Alternative G - Roberts Road to Overland Road Connector (Bridge and Fill) Description This alternative is very similar to Concept Alternative RO-1. The design calls for the construction of a new two-lane link between Roberts Road on the east side of U.S. 220 and Colonial Avenue on the west side of U.S. 220 at the intersection of Overland Road. This connecting road provides a more direct link between parts of South Roanoke and the commercial areas along 220 south and Route 419 and the areas around Colonial Avenue and Brambleton Avenue. There is a considerable amount of school related traffic that would be well served by this road and which would be removed from the Wonju Avenue and Colonial Avenue intersection area, providing operational improvements at that location. The proposed design features sidewalks and space for bicycle lanes on both sides of the road. It ties generally at grade at the top of the hill where Roberts Road currently makes a sharp turn to the south. Some retaining wall and a small amount of property acquisition will be required from the Carilion facility just north of the termination point. From there the alignment runs along the back of the residential properties along Beechwood Lane before curving to the south and crossing U.S. 220, with most of the roadway on bridge structure. Between Route 220 and the NS railroad tracks the roadway is built on a high fill section contained by tall abutment walls paralleling the roadway and the tracks. A relatively short skewed bridge carries the road over the tracks before the alignment curves sharply and ties in at the intersection of Colonial Avenue and Overland Road. The grade of the road comprises a gentle crest curve over U.S. 220 and the railroad tracks that ties to a moderate sag curve near Colonial Avenue to allow the roadway to tie into the adjacent parking lot and turnaround loop for the new Virginia Western Community College administration building. Benefits · Provides a "missing link" between two neighborhoods with strong daily traffic demand, much of it related to school and community college traffic. In particular, the neighborhood just south of the proposed alignment would have much better access to the schools and parks along Overland Road · Relieves sections of Wonju and Colonial Avenue and to a lesser degree Franklin Road by removing significant volumes of traffic. · May provide some economic boost to properties along Franklin Road by making them easier to access for many Southwest City households. · Provides alternative access (including emergency vehicle access) across the railroad tracks and highway in an area where the nearest adjacent crossings are over two miles apart. · Provides a direct connection to the main VWCC parking lot, significantly easing the access for students and faculty during the evening peak hour. · Provides a much more user friendly pedestrian and bicycle link between two major arterials than currently exists. I :~:·~-i:j:;~~;·';~i:;:··.:':··:'·:! ~;J Central Roanoke Mobility Study Challenges · Because of the extensive length, considerable height, and complex geometry of the proposed bridges, the costs for this alternative are high. · Since this roadway is not absolutely critical to the function of Wonju Street interchange, federal or state funding for this alternative is unlikely · The roadway separates the VWCC administrative building from the rest of the campus and takes several parking spaces. The initial reaction of the VWCC administration is unfavorable. · Access to several sections of the bridge for construction will be challenging, especially construction of piers and their foundations within the centerline of U.S. 220 · Setting long spans over existing highway and rail traffic will require coordination and temporary detours and short term nighttime highway closures. · The noise and loss of privacy associated with the construction of a new road near residential neighborhoods is likely to create some opposition from the residents most impacted by the construction ~;J :~~~;~:';r~!~~f¡!:,::¡j~ Central Roanoke Mobility Study Alternative H - Roberts Road to Overland Road Connector (Full Bridge Option) Description This alternative is also very similar to Concept Alternative RO-1 and Final Alternative G. The main difference is that the fill section between U.S. 220 and the NS railroad tracks is replaced by bridge structure, which also extends further to the west to provide room for a narrow connecting service road to link the administration building to the main parking lot and much of the rest of the VWCC campus. The design calls for the construction of a new two-lane link between Roberts Road on the east side of U.S. 220 and Colonial Avenue on the west side of U.S. 220 at the intersection of Overland Road. This connecting road provides a more direct link between parts of South Roanoke and the commercial areas along 220 south and Route 419 and the areas around Colonial Avenue and Brambleton Avenue. There is a considerable amount of school related traffic that would be well served by this road and which would be removed from the Wonju Avenue and Colonial Avenue intersection area, providing operational improvements at that location. The proposed design features sidewalks and space for bicycle lanes on both sides of the road. It ties generally at grade at the top of the hill where Roberts Road currently makes a sharp turn to the south. Some retaining wall and a small amount of property acquisition will be required from the Carilion facility just north of the termination point. From there the alignment runs along the back of the residential properties along Beechwood Lane before curving to the south and crossing U.S. 220 and the NS Railroad tracks entirely on bridge structure, which curves sharply and ties in at the intersection of Colonial Avenue and Overland Road. The grade of the road comprises a gentle crest curve over U.S. 220 and the railroad tracks that tie to a moderate sag curve near Colonial Avenue to allow the roadway to tie into the adjacent parking lot and turnaround loop for the new Virginia Western Community College administration building. Benefits · Provides a "missing link" between two neighborhoods with strong daily traffic demand, much of it related to school and community college traffic. In particular, the neighborhood just south of the proposed alignment would have much better access to the schools and parks along Overland Road · Relieves sections of Wonju and Colonial Avenue and to a lesser degree Franklin Road by removing significant volumes of traffic. · May provide some economic boost to properties along Franklin Road by making them easier to access for many Southwest City households. · Provides alternative access (including emergency vehicle access) across the railroad tracks and highway in an area where the nearest adjacent crossings are over two miles apart. ~j ,.·.···.·ø·...·~_·Ø..Ø·.·NØNØN·_·_._~·_ ... n. .......... ....... .... . "." ........¡. ·1·";:":':···;':.::·':}.:",'.:'::'.:: ;.~~; .~~{i ~~~::i{T~~¡~;r~~~~:~~~:;:::~;!~ $... ................._:"'O"O-..N.........:..N~'<.:.'..~...,..: Central Roanoke Mobility Study · Provides a direct connection to the main VWCC parking lot, significantly easing the access for students and faculty during the evening peak hour. · Provides a much more user friendly pedestrian and bicycle link between two major arterials than currently exists. · Constructing the longer bridge lessens the environmental and visual impact of the construction. Challenges · Because of the extensive length, considerable height, and complex geometry of the proposed bridges, the costs for this alternative high, and slightly higher than those associated with Alternative G. · Since this roadway is not absolutely critical to the function of Wonju Street interchange, federal or state funding for this alternative is unlikely · The roadway separates the VWCC administrative building from the rest of the campus and takes several parking spaces. The initial reaction of the VWCC administration is unfavorable. · Access to several sections of the bridge for construction will be challenging, especially construction of piers and their foundations within the centerline of U.S. 220 · Setting long spans over existing highway and rail traffic will require coordination and temporary detours and short term nighttime highway closures. · The noise and loss of privacy associated with the construction of a new road near residential neighborhoods is likely to create some opposition from the residents most impacted by the construction ~;J ~~............... ...~..~~._.~~..~.........__...- L~:L-:' ~'i\:: '-: ::¡::;¡,;¡.;::>;:~'~;¡::';:;.:~:; ;.:::;fE:~:;:,~~~!..;:\:,:~::::,::..rt:'i event~one ................ Honorable Mayor and members of City Council, Roanoke Virginia Re: Impact on non-protit organization of an Elmwood Park Amphitheater The attached resolution and statement drafted and adopted by the Board of Directors of EventZone is our organization's drort, representing the interests of all non-protit groups hosting and running downtown events, festivals and activities, to bring to the attention of Roanoke City Council and City leadership thc likely impacts of an Elmwood Park located Amphitheat er. Please note, EventZone does not take an ofticial stance on the "best" location of an Amphitheatcr in the City. It is also important to stress that this information in no way means that the selection of Elmwood Park as a site for a possible Amphitheater is not a good one. However, the likely impact on non -profit groups if Elmwood Park were selected is an important factor that needs to he entered into any discussions on this matter. v' Finally, it should be noted that if an Amphitheater were build in Elmwood Park, City mandated considerations and terms with the appointed management group of the complex that would provide u sage, advance scheduling and fees concessions for these non-protits organizations would serve to eliminate many of the negative impacts outlined on the attached document. Thanks for your foresight and consideration. ~~ Aßdd- Lawrcnce A. Landolt Exccutive Director P.O. Boll< 8:&71> I Roanoke, VA I :&4014 I ph. S40.M:&.:&1t40 I f. S40.M:&.7981 I www.eventzone.orll event~?one ............- Roanoke Amphitheater Resolution & Statement December 5, 2006 EvcntZone. a non-pro Iii corporatinn and "Dnwnlown Roanokc's event and feslival clll11lcction;' is thc pmducer ami promoter of many of Roanoke's largest outdnor events and is also the support organization Il)r all groups hol'.ling cvents and testivals in downtown Roanoke. The EventZone Board of Diæctors cndorscs the concept of developing and constructing an amphitheater pertllnllance complex within the City of Roanoke. EventZone sees the likely impact of such an amphitheater complex as a hoost to the local economy. as a leap in further establishing Roanoke as a regional entertainment hub and destination. and as a great source of pride and enthusiasm tlJr City and Roanoke Valley residents. Thc EventZone Board of Directors also wishes to express and emphasize thc following relevant eonsidcrations as they relate to this potential projcct. . Elmwood Park is currently by tilr the single most used downtown venue tl)r non-protit events. festivals and aelivities, o During thc period July 1.2005 through June 30. 2006, Elmwood Park hosted sixty (6ll) days of non- protit events. lestiva1s and/or activities. ()fthese, thirly-nine (39) days altraetcd 1.000 or more pcrsons. o Altendanec at all sixty days of events, teslivals and/or activities hosted in E1mwood Park during the pcrind July I, 2ll(5 through Junc 30, 211116 is estimated to be nearly 95,000 persons, o Twenty-seven (27) ditlèrent non-protit organizations held events, testivals and/or activities in Elmwood Park during the period July I, 2()(5 through June 3(), 2006. . If Elmwond Park was selected as thc site of an amphitheater, and if that action resulted in current non-pro lit evcnt organizers being unable to utilize Elmwood Park tlJr their efforts. negative impacts would result. These negative impacts would likely inelude: o Relocation of displaced events, festivals and activities to other locations or nearby municipalities. thus not drawing those perSllllS to downtown. o Possible discontinuation of some events. testivals and activities, thus reducing the opportunity tl)f those event organizers to raise funds and organization awareness, o If funding opportunities were lost through reduced, relocated or discontinued evcnts. testivals and/or activities, those effected non-profit organizations may be toreed to rcduee some services. This may also increase their future funding requests trom the City of Roanokc, Whcn thc time is appropriate. EventZone encourages City leadership 10 consider these items while embarking upon diseussinns. decisions and planning of a Roanoke amphitheater. EventZone urges that ¡my prop()sed amphitheater project and plans, especially if located in Elmwood Park. include accommodation of existing events and their non-protil organizers in lenns of access, affordabi1ity and abilily to reserve datl's well in advance: consideration of the amphitheater's physical features and design in order to suit current events and tèstivals: as welt as the overall need t(lr open green-space in downtown tor events and testivals and for general citizen enjoyment. /. [: -(+ ./{;.)?/!Ùrv !),/-'«(?I-v Brown D. Burton Event/one Board President /' /i:/ ~ II f'\ø~ ~e A. Landolt EventZone Executive Director P.O. BOll< 8%7& I Roanoke, VA I %40141 ph. 540.34%.%&40 I f. 540.W%.7981 I www.eventzone.org \, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AVeI1Ul'. S. \V.. R(lom-l56 Rtlal1tlke. Virginia 2-l011-1536 Telephone: 15-l-01 g5J-25-l-[ fax: (5-tln S53·11-l-5 E-mJil: ckrklfr)n':ulIlke\3.,g,(I\' SHEIL~~, IIARnIA~ Assi!otmt City Ck'rk STEPHA~I~ ~,'- MOO'!, OK A~'ling City CIerI.. December 19, 2006 File #60-467 George J. A. Clemo, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Clemo: I am enclosing two copies of Resolution No. 37650-121806 authorizing the issuance of a $1,097,571.00 General Obligation Qualified Zone Academy Bond (Patrick Henry High School), Series 2006, of the City of Roanoke, Virginia, to be sold to Bank of America, N.A., and providing for the form and details thereof. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, :m. ~cnv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: The Honorable Brenda L. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. Ö. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 I¡.N\~ IN THE COUNCIL OF THE CITY OF ROANo.KE, VIRGJl\'L\ The 18th day of December, 2006. No. 37650-121806. RESOLUTIo.N AlTIIORIZIl\G THE JSSUA]\;CE o.F A SI,097,571 GENERAL o.BLIGATIo.N QUALIFIED Zo.NE ACADEMY BOND (I' ATlUCK HENRY HIGH SCHOOL), SERIES 200(i, o.F THE CITY o.F ROANo.KE, VIRGI;\/IA, TO. BE So.LD TO. HANK OF AMERICA, N.A. AND PROVIDING FOR THE Fo.RM Aì\D DETAILS THEREo.F \VH EREAS, the City Council (the "Council") ofthc Cily of Roanoke, Virginia (Ihc "Cily"). has determincd that it is necessary and expcdient 10 borrow an amonnl cqna1 to $1,097,571 and to issue its general obligation "qualified zone acadcmy bond," within Ihe meaning of Section 1397E ofthe Inlerna1 Revenuc Code of 1986, as amended (the "Code"), for the purposc of financing certain rehabilitations, repairs and/or or equipment for Patrick Hcnry High School ("PH"); and WHEREAS, the Cily held a public hearing, duly noticed, on December 18, 2006, on the issuance of the Bond (as defined below) in accordance with the rcquirements of Section 15.2- 2606, Code of Virginia 1950, as amended (Ihe "Virginia Code"); and 'VHEREAS, the School Board of the City has by resolution approved, and has rcquestcd the Council to authorize, the issuance oflhc Bond; and WHEREAS, pursuant to a commitment letter dated November 14, 2006 (the "CummÎtmenl L~lter")" Bank of America, N.A, (the "Bank") has olTercd tu purchase thc Bond on thc temlS and conditions provided therein; and WHEREAS, Ùlere have been presented to the Council thc Commitment Letter and the li:mns of Ihe following doeuumenls: (a) Funding Agreemcnt, (Ihe "Funding Agreement"), betwecn the City and Bank of America, N,A. (the "Bank") providing for the sale of the Bond 10 the Bank; (b) Time Deposit Agreemenl (the "Time Deposit Agreement"), between the City and the Bank, providing for the inveslment of certain sinking fund paymenls to be made in connection with Ihe Bond; and (c) The Bond. ·:#09~89JO-I 077826-00059-01} · NOW, THEREFORE, BE IT RESOLVED BY THECOUì'íCTL OF TIŒ CITY OF, ROANOKE, VIRGlì\'IA: I, Authorization of Bond and l:se of Proceeds, The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation qualified zone academy bond in an aggregate principal amount of$I,097,571 (the "Bond") for the purpose of financing certain rehabilitations, repairs aJl(Vor capital equipment for PH, The Council hereby authorizes the issuance and sale of the Bond in the form and upon the telms established pursuant to this Resolution. 1 Sale of the Bond. It is determined to be in the best interest of the City to accept, and the City hereby accepts, the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the tenns estahlished pursuant to this Resolution, the Funding Agreement and the Commitment Letter. The Mayor. the City Manager, and such oflìcer or officers o[the City as either may designate are hereby authorized and direeted to exccute and deliver to the Bank the Commitment Letter, the Funding Agreement and the Time Deposit Agreement, each in substantially the form submitted to the Council at this meeting, which foml is hereby approved, 3, Details of the Bond. The Bond shall be issued in fully registered fonn; shall be dated the date of issuance and delivery of the Bond (the "CI'lsing Date"): shall be designated "General Obligation Qualified Zone Academy Bond (Patrick Henry High School), Series 2006; shallmanlre on the sixteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution, and shall have such other terms and conditions as contained in the fOlm of the Bond attached as Exhibit A to the Funding Agreement. The Director o[ Finance of the City is hereby appointed as the Bond Registrar and Paying Agent for the Bond. 4, Maturitv Date; Other Provisions, The City I\1mlager is herehy authorized and directed (a) to extend the final maturity date ofihe Bond, at the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code, and (b) to approve changes to the provisions of the Funding Agreement and the Time Deposit Agreement regarding the amount a.nd timing o[the Qua.1ified Annual Deposits into the Sinking Fund pursuant to the Funding Agreement and the investment of such Qualified Annual Deposits pursuant to the Time Deposit Agreement. In such evem, the execution and delivery of the Bond as deserihed in Section 8 hereof and of the Funding Agreement and Ihe Time Deposit Agreement as described in Section 2 hereof shall eonc1usive1y evidence such maturity date as having been so extended, and such changes to the Funding Agreement and Time Deposit Agreement as having been approved, all as aUThorized by this Resolution, 5. Uesil!nation as OllaIitied Zone AC:ldemv BOlld, On behalf o[the City, the Council hereby designates the Bond as a OOqualitìed zone academy bond" fur the purposes of Section 1397E of the Code. 6, Form of the Bond. The Bond shall be initially in the form of a single typewritten bond suhstantially in the [oml attached as Exhibit A LO the Funding Agreement. (#UYY8930-I, 0ï7826-00059,OI ) 2 7. PrCIJaVment. The Bond is not subject to prepayment at the option of the City, 8. Exccutiou aud Delivet·v of the Bond. The ~layor or Vice Mayor m¡d the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bond and to aftix the seal of the City thereto, ' 9, 1)ledl!c of Full Faith and Crcdit. For the prompt payment of the principal of the Bond and all payments under the Funding Agreement as the same shall become due, the full faith and credit ofthc City arc hereby irrevocably pledged, and in each ycar wbile the Bond shall be olltstanding there shall be levicd and collected annually, at the samc time and in the same mmmer as other taxes of the City arc assess cd, levied and collected, a tax upon all taxable property within the City subject to local taxation ovcr and above all othcr taxes, authorized or limited by law and without limitation as to rate or mnount, sufficient to pay when due the principal of, premium, if m¡y, and interest. if any, on the Bond and all other payments due under the Funding Agreement (including each Quali1ìed AlUJUa1 Deposit) to the extent othcr lùnds ofthc City arc not lawfully available and appropriated for such purposc. 10. Tax Compliance Certificate, The .\1ayor, the City Manager and such officer or officers of the City as either may dcsignate are hereby authorized and directed to cxccute a Tax Compliance Agreemcnt setting forth the expcctcd use and investmcnt of the procecds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "quali1ìed zone academy bond" within the mcaning of Section I397E of the Codc (a "QZAB"), The Council covenants on bchalfofthc City that (a) the proceeds from the issuance and sale of the Bond, including any investment eamings thcreon, will be invested and expendcd as set forth in such Tax Comp1iancc Certificate and that the City shall comply with thc other covcnants and representations contained therein, and (b) the City will comply with the provisions of the Code to the cxtent necessary to ensure that thc Bond continues to qualify as a QZAB. II, Fililll! of Resolution. The appropriate officers or agents of the City are hereby authorized and directcd to cause a certified copy of this Resolution to bc filed with the Circuit Court of the City. 12. Further Actions, The members of the Council and all officers. employees and agents ofthe City arc hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection wilh Ihc issuance and sale of thc Bond and any such action previously taken is hereby ratified and confinlled. ] 3. Election Under Public Finance Act. The Council hereby elects pursuant to Section] 5,2-2601 of the Virginia Code to issue the Bond under the Public Finance Act of 1991, as amended, without regard to the requirements, restrictions or other provisions contained in the Charter of the City or local or special act applicable to the City, f #0998930-1. 07ï8:!ú-00059·0 I } 3 13. Effective Date, This Resolution shall take etIeet immediately. * * * The undersigncd Clerk of the City of Roanokc, Virginia, hereby ecrtilies that the 1l1f<:going constitutes a true and correct extract from the minutes ofa mccting of the City Council held on Dccember 18, 2006, and of the whole thereof so far as applicable to thc matters refcrrcd to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled mceting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting onthc foregoing resolution was as follows: Present Absent Aye Nay Abstain C, Nelson Harris, Mayor X X ---- -'- --- David 13. Trinkle, Vice Mayor "~ -...- ----X-__ _ --."-- Alfred T. Dowe, Jr. -~-- --.. X ".-- --.,""-.. Beverly 1. Fitzpatrick, Jr, X X ---- --". Sherman P. Lea --~ ---..- x ---.----- Gwendolyn W, Mason X X --- h_ -- Brian 1. Wislmcff X _x:_ --- --.- WIT;o.,'ESS MY lIAND and the seal of the City of Roanoke, Virginia, this18thday of December, 2006, ~.i..~t~~ , ty\O~ Acting City Clerk. City ofR~:m~irginia 1#0998930'I,077S26-00059-0114 WOODS ROGERS ~ ATTORNEYS AT LAW GI.ORC,F.J. A.\U:'I.10 (540) 98)-7728 c1cmo(u:wt>\,osrogers.coßl December 12,2006 City Council City of Roanoke, Virginia Roanoke, V A Re: Resolution Authorizing Issuance of up to $1,097,571 of Qualified Zone Academy Bonds to be Used to Pay Costs of Repairs, Rehabilitation and/or Equipment for Patrick Henry High Sehool Gentlemen and Ms, Mason: Our finn serves as bond counsel to the City in eonnection with certain school bond finaneings, On November 20, 2006, Council adopted a reimbursement resolution indicating its intent 10 finance the costs of certain expenditures for rehabilitation, repairs and/or equipment for Patrick Henry High School through the issuance by the City ofa qualified zone academy bond, and authorized a public hearing to be held on December 18, 2006, in connection with the issuance of the qualified zone academy bond. As I indicated in my previous letter to you regarding the reimbursement resolution, the QZAB is in essence an interest-free loan to the City, In order to proceed with the final approval and issuance of the qualified zone academy bond, the City Council must hold the public hearing and then adopt a final bond resolution authorizing issuance of the qualified zone academy bond, I have prepared and attach for your consideration at the December 18 Council meeting the final bond resolution authorizing the issuance of the qualified zone academy bond. The resolution approves the details of the bond, including an estimate debt service schedule and related documents, and authorizes and directs the Mayor or the Vice Mayor and the Clerk or any Depuly Clerk of the Cily 10 execute and deliver the bonds to Bank of America as purchaser thereof. Following adoption of the resolution, the financing is expected to be finalized and proceeds available to the City on or before December 31, 2006, ç' _, ' é~ - George J. A. Clemo GJAC:sg Fnd P.O. Ilox 14125,' Roanoke. Virginia 24038-4125 {;sVfJ989SJ-J. ~J7;'826·00f)58-fJl/ 10 South Jefferson SlTcet, ::i'Jlle 1400 54098)-7600 I fa< 540 98)-7711 Or:iccs also in ßlackshurg. Dan VI lie, Lynr.;hburg and Richmond. Virginia CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church ^ venue. S. W.. Room ..1.61 P,O, ß"x 1220 Roanoke. Vir~il1ia 24006-1220 T clephom:: (S·lO) 853-2821 rax: (5·HJl 853-(\ 142 ANN H. SHAWVER OeplllY IJirtt'fnr CIII;'ll]: ,1!H1_."~~;'lW\"':l;<i l'l.~O;lIh ,i..~.\:l II~ JESSE A. HALL nirrrtnr (If Finam'(' 1:11I:11): jc:-;~\: ~Iall ihi r(1,lI(,b.' \",1 \l~ December 18, 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: Public Hearing and Authorization for Issuance of Qualified Zone Academy Bonds (QZAB) - Patrick Henry High School Background and Current Situation: In July 2006, City Council was informed of the additional cost of approximately $6.1 million to finalize the Patrick Henry High School construction project. To fund these costs, the City agreed to support debt issuance adequate to fund construction costs of approximately $4.6 million. As such, authorization has previously been made by City Council to issue VPSA general obligation bonds. The Schools will provide annual funding of debt service on these bonds. Recently, we have learned that Qualified Zone Academy Bonds (QZAB) may be available to fund up to $1,097,571 of the final construction costs. The QZAB initiative is a federal program that allows lending institutions, private businesses and schools to form a mutually beneficial partnership to support education. The program permits the City to sell interest-free tax credit bonds to banks or other qualified financial institutions to finance repairs, rehabilitation, equipment, training or curriculum materials for a qualifying school. Schools qualify based on (a) their partnership with private business to enhance the academic curriculum, increase graduation and employment rates and better prepare students for college and the workplace (including a required matching private contribution of at least 10% Of the QZAB amount), and (b) the percentage of free lunch students which must be 35 percent or greater. Patrick Henry's free lunch rate is 37.83%. Honorable Mayor and Members of Council December 18, 2006 Page 2 Public notification has appropriately been made such that City Council may hold a public hearing for the issuance of a qualified zone academy bond to benefit the financing of the high school project. Our goal is to utilize QZAB funding, to the extent available, in lieu of VPSA financing, due to the interest savings associated with this financing option. If QZAB proceeds are received by the school division, the spring VPSA bond financing for Patrick Henry will be reduced by the amount of QZAB proceeds (expected to be $1,097,571). Recommendation: Following a public hearing, City Council adopt the accompanying resolution to authorize the issuance of General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,097,571, for the purpose of financing certain rehabilitation, repairs, and/or equipment for Patrick Henry High School. Sincerely, q~ 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 Richard Layman, Chief Academic Officer, Roanoke City Public Schools Item A.l. Information No,R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (PATRICK HENRY HIGH SCHOOL), SERIES 2006 nA TED DATE MATURITY DATE Deccmber _, 2006 December _, 2022 REGISTERED OWNER: BANK OF AMERICA, N.A. PRINCIPAL AMOUNT: ONE MILLION NINETY ONE THOUSAND FIVE HUNDRED AND SEVENTY ONE DOLLARS ($1,097,571) The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, acknowledges itself indebted and promises to pay to the registered owner of this Bond or such owner's aHorney or legal representative the principal amount stated above on the maturity date set forth above (the "Maturity Date") or upon prior redemption as provided below, The principal of and premium, if any, on this Bond are payable in lawful money of the United States of America, This Bond shall bear no interest. The principal of and premium, if any, on Ihis Bond are payable upon presentation and surrender hereof at the office of the Director of Finance of the City, as Bond Registrar and Paying Agent (the "Bond Registrar"). This Bond is issued under the authority of and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the Public Finance Act of 1991, Chapter 26 of Title, Virginia of 1950, as amended, and Resolution No, ___-121806 (the "QZAB Resolution") adopted by Ihe Council of the City (the "Council") on December 18, 2006, The Cily is issuing this Bond and using the proceeds of the sale thereof, along with olher available City funds, to finance the renovation. rehabilitation and repair and/or equipping of Patrick Henry High School. Thc full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, on this Bond in accordance with its terms, The Council of the City is authorized to and shall levy and collect annually, at the same time and in the same manner as other taxes of the City arc assessed, levied and collected. a tax upon all taxable :#U894:'(¡R-l. 077~26-0(Jll5:!·OI:· ii:>:'1...5(lfl-1 tl77~~C'l-{IOO~::!-/)1 property within the City, over and above all other taxes authorized or limited by law, and wilhout limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, on this Bond to the extent other funds of the City arc nollawfully available and appropriated for such purpose. All references to the payment of this Bond and the security therefor shall be deemed to include all of the City's obligation to make Qualified Annual Deposits as defined and provided for in the Funding Agreement dated as of the dated date hereof (the "Funding Agreement"). between Bank of America, N,A" and the City. This Bond shall not be subject to optional redemption prior to maturity. If the City fails to pay any Annual Deposit (that is not a Qualified Annual Deposit) on its due date, the registered owner of this Bond, upon written notice to the City as provided in the Funding Agreement, may cause this Bond to be redeemed in part at a redemption price equal to the amount of the Annual Deposit then in default (which shall constitute a payment of principal on this Bond for purposes of this paragraph), plus a premium equal to an amount, as reasonably determined in good faith by the registered owner of this Bond, to be the registered owner's total losses and costs in connection with the early redemption of such portion of the principal amount of this Bond, including any loss of bargain, cost of funding or, without duplication, any loss or cost incurred (expressed as a positive number) or gain realized (expressed as a negative number) as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position. The Bonds are issuable as tùlly registered bonds in denominations of $5,000 and integral multiples thereof (except for one denomination which may be less than $5,000), Any Bond may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations at the principal onïee of the Bond Registrar, Upon surrender for transfer or exchange of this Bond al the principal office of the Bond Registrar, the City shall execute and the Bond Registrar shall authenticate, and deliver in the name of the registered owner and/or the transferee or transferees. as appropriate, a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to, and of the same fonn and maturity as this Bond. subjec,t in each case to such reasonable regulations as the Counci I and the Bond Registrar may prescribe. All Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in fornl and substance reasonably satisfactory to the Bond Registrar. duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Bond may be registered 10 bearer. Any such exchange or transfer shall be al the expense of Ihe City, excepl that Ihe Bond Registrar may require paymenl by Ihe person requesling such exchange or transfer of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the exchange or transfer of this Bond. The City may designate a successor Bond Registrar and/or Paying Agent, provided that written notice specifying the name and location of the principal office of any such successor shall be given to the registered owner of each of the Bonds, Upon registration of transfer of this Bond, the Bond Registrar shall furnish written notice to the transferee of the name and location of the principal ofliee of the Bond Registrar and/or the Paying Agent. l;I089..t:'N'-I. U77l\2{I-UonS2-011 2 The Bond Registrar shall treat the rcgistered owner of this Bond as thc pcrson exclusively enlitled to payment of the principal of and premium, ¡fany, on this Bond and the exercisc of all other rights and powers ofthc owner. Notwithstanding anything contained in thc foregoing, ¡fthe Maturity Datc falls on a Saturday or Sunday or a day on which banks located in the City ofNcw York, New York are authorized or required by law or executive order to close (a "Non-Business Day"), the Maturity Datc shall be onthc next prcceding calendar day that is not a Non-Business Day, This Bond shall be govcrncd by and construed in accordance with the laws ofthc Commonwealth of Virginia, All acts, conditions and things required by the Constitution and statutes of the Commonweallh of Virginia to happen, exist or be perfonned prccedent to the issuance of this Bond have happened. exist or been perfonned in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia, 11': WIT!\iESS WHEREOF. the Council of the City of Roanoke, Virginia, has caused this Bond to be signed by the manual signature oflhe Mayor or Vice Mayor, the seal ofthc City to be affixed hereon and attested by the manual signature oflhe Clerk or any Deputy Clerk of the Coullcil. and this Bond to be dated the dated date hereof. CITY OF ROANOKE, VIRGINIA By: Mayor City of Roanoke, Virginia [SEAL] ATTEST: Clerk of the Coullcil, City of Roanoke, Virginia lilOgc-1-56!<ì-I.077H26-00051-011 3 ASSIGNMEl'<T 1'01{ VALUE RECEIVED, Ihe undersigned sells, assigns and transfers unto (PLEASE PRI¡';T OR TYPEWRITE NAME A"lD ADDRESS, INCUJDn-:G ZIP CODE, OF ASSIG!'\EE) PLEASE I!\SERT SOCIAL SECURITY OR OTHER IDENTIFYING ¡"'¡UMBER OF ASSIGNEE: the within Bond and does hereby irrevocably eonstitutc and appoint _ ,_ _ _ _ __ _, _, . allomey, to lransfer said Bond on the books kl:pt lor registration of said Bond, with full power of substitution in the prcmiscs, Daled: Signaturc Guarantecd: (NOTICE: Signaturc(s) must be guaranteed by an Eligible Guarantor fnstitution such as a Commercial Bank, Trust Company, Securities BrokeríDealer, Credit Union or Savings Association which is a Member of a mcdallion program approved by The Securities Association, Ine,) (The signaturc abovc must correspond with the name of lhe Registered Owncr as it appears on the books kept for registration of this Bond in every particular, without alteration or change,) :#1)8q,,,:'{¡~-I. 1I?7~(~(I-nUo5:!-( I : 4 {#0996678-L 077826-00059-01} IIS<l7:!82-1 o771i~h_I)OI152·01 FUNDING AGREEMENT Between CITY OF ROANOKE, VIRGINIA And BANK OF AMERICA, N,A. December _, 2006 FUNDING AGRED'lENT THIS FUNDING AGREEMENT is made this _th day of Deccmber 2006 (Ihis "Agreement"), between thc CITY OF ROANOKE, VJRGINIA, a municipal corporation ofthc Commonwealth of Virginia (thc "City"), and BANK OF AMERICA, N,A" a national banking association organizcd under the laws of Ihe United States, and its suc.cessors and assigns (the "Bankll). RECITALS A, On the date hereof (the "Closing Date"), the City will issue its Gcneral Obligation Qualificd Zone Academy Bond (Patrick Henry High School), Scries 2006, in the principal amount ofS 1 ,097.571 (thc "QZAB"), , ß, Also on the Closing Date, Ihe City will sell, and the Bank will purchasc, the QZAB pursuant to the temlS and conditions ofa Commitment Lctter from thc Bank, datcd December _, 2006, and accepted by thc City on December 18,2006 (the "Commitment Letter"), and this Agreement. C. The City and the Bank have also determined to provide in this Agrcement for, among other things, certain payments to be made into a Sinking Fund for the QZAB and for the redemption of the QZAB, "OW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hcreinalier eontaincd, the City and the Bank covenant and agree as follows: ARTICLE 1 DEFINITIO~S Section J ,] Definitions, The capitalized terms contained in this Agreement shall have the meanings set forth below unless they are otherwise defined herein or the context otherwise reqUlrcs: "Agrcement" means this Funding Agreement, together with any amendments or supplements made to it in accordance with its temlS. ::;1J'19()úÎ~-I. 077S:!{I-00059-01: ") "Anniversary Date" means each December _ _, commencing December _, 2007 and continuing until and including Decembcr 29,2022, or, ifany such Decemher _ is not a Business Day, the next preceding Business Day, "Annual Deposit" means the amount 01'$57,016, to be paid by the City to the Bank on cach Anniversary Date. "Business Day" means any day other than a Saturday or Sunday or a day on which banks located in the City oDJew York, ;-Jew York are authorized or required by law or executive order to dose. "Code" means the Internal Revenue Code of 1986, as amended, and any successor statute, Each citation to a Code section shall indude the applicable Treasury Regulations, revenue procedurcs and revenue rulings. "Investment Agreemcnt" means that certain Time Deposit Agreemcnt datcd as of the dale hereofbetwecn the City and the Bank. "MalUrity Date" means Decembcr _,2022, or ifDecembcr _,2022, is not a Business Day. the next preceding Business Day, "Projec.t" shall have the meaning set forth in the Tax Compliance Agrcemcnt. "Qua1illed Annual Deposit" means any Annual Deposit that (a) is due and payable on or before December 31,2021, and (b) with respect to which the Bank has not providcd prior nolice that the Bank has reasonably determined in good faith that the legal defeasance to be accorded to the amount of the Annual Deposilunder Section 6.3 represcnts a Significant Defeasance. "QZAB Resolution" means Resolution No, __-121806, which was adopled by the Council of the City on December 18,2006. "School Board" means the School Board of the City of Roanoke, a body corporate of the Commonweallh ofYirginia. "Signilicanl Defeasance" mcans any legal dcfeasance if, based on alllàcts and circumstances, thc legal rights or obligations that are allcred and the degree to which they are altered arc economically significant wilhin the meaning of Treas. Rcgs. * 1.1 00 1-3(e)( 1). Under 'frcas, Regs, * 1.1001-3, a change (in whole or in part) in the recourse nature of a deb I instrument (from recourse to nonrecourse) is a modification, even if the change occurs by operation of the terms of the debt instrument. "Sinking Fund" means the fund established pursuant to Section 6.1, ''Tax Compliance Agreement" means the Tax Compliance Agreemcnt dalcd as ofthc date hereof, betwecn the City and the School Board, together with any amendmenls or supplements made to it in accordance with its terms. :;:(l'"jlJ(lf)7l;i-l. U77~2{,...{l(l(I=,I·OII 3 Section 1,2 Rules of Construction, Thc following rules shall apply to the construction of this Agrccment unless the context requircs othcrwisc: VICC versa. (a) Singular words shall connotc the plural number as well as the singular and lb) Words imporling the redcmption or calling for redemption of the QZAB shall not be dcemed to refer to or connote the payment ofQZAB at its stated maturity, lel All refercnees in this Agreement to particular Articles, Sections or Exhibits arc, references to Articles, Sections or Exhibits of this Agrcement unless otherwise indicated. (d) The headings and table of contents as used in this Agreement are solely for convenience of rcferenee and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS Scetion 2.1 Reprcsentations bv the Bank, The Bank makcs the following representations as Ihc basis 1'01' its undertakings under this Agrcement: (al This Agrecment and the Commitment Leller have bcen duly aulhorized, executed and delivered by the Bank and constitute legal, valid and binding obligations of the Bank enforceable against the Bank in accordance with their tenns, (b) Thc Bank represents that it is purchasing the QZAB for the purpose of making a commercial loan to the City or for investment purposes only and that the Bank has no present intemion ofrcselling or disposing of the QZAB or engaging in any "distribution" thereof (as that leml is used in the Securities Act of 1933. as amended, and the regulations of the Securities and Exchange Commission relating thereto); provided, however, that the Bank shall at all times have the right to resell or otherwise dispose of all or a portion of the QZAB as pennilled by law and suhjeet to applicable state and federal securities laws. regulations and rulings, (c) The Bank is a knowledgeable and sophisticated investor and has sufficient knowledge and experience in financial and business matters to be capable of evaluating the risks and merits of the investment represented by the purchase of the QZAB, The Bank has made sufJIeient inquiry and analysis with respect to the City and the QZAB and other material factors affecting security tar the QZAB and the ability oCthe City to pay the same, Scction 2.2 Representations bv the Citv, The City makes the following rcpresentations as the basis for its undertakings under this Agreement: :#W)%(t7x.], Uì7~26-(¡on51)-UI: 4 (a) Thc City is a duly crcated and validly cxisting municipal corporation ofthc Commonwcalth of Virginia and is vestcd with thc rights and powcrs confcrred upon it by Virginia law, (b) The City has full right, powcr and authority to (i) adopt the QZAB Resolution and cxccute and deliver this Agrecmcnt, thc Tax Comp1iancc Agreemcnt, the Investmcnt Agrccment and thc related documents, (ii) issue thc QZAB and scll and deliver it to the Bank, (iii) undertakc the Project, and (iv) carry oul and consummate all of the transactions contcmp1ated by the QZAB Rcsolution, this Agrccment, thc Commitment Letter, the Invcstment Agreemcnt, thc Tax Compliance Agrcement and the QZAB. (c) This Agreemcnt, the Commitmcnt Lettcr, the Tax Compliance Agreemcnl, thc 1nvcstment Agreemcnt and thc QZAB wcrc duly authorized by thc QZAB Resolution, (d) All permits, licenscs, registrations, ccrtificatcs, authorizations and approvals rcquired to havc been obtained as ofthc Closing Date have been obtaincd for (i) thc City's adoption ofthc QZAB Rcso1ution, (ii) the exccution and delivcry of this Agreemcnt, the Commitmcnt Lettcr, the Tax Compliancc Agrecmcnt, the Invcstment Agreemcnl and thc QZAB, (iii) thc City's pcrformance of its obligations under this Agreement, the Tax Compliance Agrcement. the Investment Agrccmcnl. the Commitment Letter, and the QZAB, and (iv) thc undertaking of thc Projccl. The City knows of no reason why any such permits or approvals cannot be oblained as requircd in thc future, (c) This Agreement, the Commitment Letter, the Tax Compliancc Agrccment, thc Investmcnt Agrecmcnt and thc QZAB have becn cxecutcd and delivcred by duly authorizcd officials ofthc City and constitute legal, valid and binding obligations of the City enforccah1e against the City in accordance with thcir terms. (I) Thcrc are not pcnding nor, to thc best ofthc City's knowledgc, threatcncd, any actions, suits. procccdings or invcstigations of a legal, equitable. regulatory, administrativc or legislative nature, in which a judgmcnt, ordcr or resolution may have a matcrially advcrse cffcct on the City or its busincss, assets, condition (financial or otherwisc), operations or prospects or on its ability to pcrform its obligations undcr this Agreement or the QZAB, ARTICLE III ISSUANCE, SALE AND PURCHASE aF THE QZAB Scction 3.1 Issuance. Sale and Purchase of the aZAB. The City agrees to issue and sell and the Bank agrccs to purchasc the QZAB by paying to thc City thc amount ofS( 1.097,571], which is cqua1 to 100% of the principal amount ofthc QZAB ofSI,097,571. The City shall issuc the QZAB in substantially thc form of Exhihit A hereto. Section 3.2 Conditions Precedent to Purchase ofthc aZAB. Thc Bank shall not be rcquired 10 purchasc thc QZAB unless thc Bank has received thc following, all in form and substancc satisfactory to thc Bank: :f.W)%(¡7~.]. U77~2()-UUlI5(J-Oll 5 (a) Certified copies of all ordinances and reso1ulions oflhe City and the School Board relating to this Agreemcnt, the Tax Compliance Agreemcnl, the Investment Agreement and thc QZAß. (b) A fully executed and completc copy of the Tax Compliance Agreemcnt and the Invcstment Agreement, with all cxhihits attached, (c) An opinion of nationally-recognized bond counsc1 to thc City in substantially thc form set forth in Exhibit B hcrcto, ARTICLE IV USE OF PURCHASE PRICE Section 4,1 Transfer of Purchase Price, Provided the conditions set forth in Section 3,2 have heen satisfied, the Bank shall pay to the City on the Closing Datc the purchase price of the QZAB specificd in Section 3,1. Section 4,2 Application of Purchase Price. The City agrees to apply the purchase pricc of the QZAB in accordance with the Tax Compliance Agrecment. ARTICLE V SECURITY FOR THE QZAB AND THIS AGREEMENT Section 5.1 Pledge of Full Faith and Crcdit; Statc Aid Intcrcept. (a) The City hereby irrevocably pledges its full faith and credit for the payment ofthc principal of and premium, if any, on thc QZAB and the satisfaction of the Cily's obligations to make Qualified Annual Deposits inlo the Sinking Fund undcr this Agrecment. Thc Council of the City is authorized to and shall levy and collect annually, at the same time and in thc same manner as other taxcs ofthc City arc assessed, levied and collected, a tax upon all taxablc property within the City, over and abovc all othcr taxes authorizcd or limited by law, and withoullimitation as to rate or amount, sufficient to pay when duc the principal of and premium, ifany, on thc QZAB and the obligation to make Qualified Annual Deposits into the Sinking Fund under this Agrecment to thc exlenl othcr funds of the City are not lawfully available and appropriated for such putpose. (b) Thc City stipulates and agrecs that each Qualified Annual Dcposit reprcsents a payment of "principal" on a "gcneral obligation bond" of the City within thc meaning of Section 15.2-2659 of the Codc of Virginia 1950, as amcnded. Thc City agrccs that the Bank may take any and all actions available to it under Section 15,2-2659 of the Codc of Virginia 1950, as amended, to secure payment of the principal ofthc QZAB and thc Qualified Annual Dcposits provided for above, ifpaymcnt of such amounts shall not be made when the sallle become due and payable. ARTICLE VI :#Ul.)911678-I.OiiR2õ-O(I(lSY-Ull 6 ESTABLISHMENT, FUNDING AND INVESTMENT OF THE SINKING FUND AND THE REDEYlPTION OF THE QZAB Section 6,\ Establishment of Sink in I! Fund, There is hereby establishcd by thc City of Roanokc a Series 2006 QZAB Sinking Fund (the "Sinking Fund"). Thc Sinking Fund will bc held by Ihe Bank in custody and in cscrow for the bcncfit of the Bank and any othcr future owncrs of the QZAB and is irrevocably p1cdgcd to securc thc payment of the principal of the QZAB. Seclion 6,2 Funding and 1nvcstment of Sinking Fund, On cach Anniversary Date to and including December _, 2021, the City shall deposit with the Bank for investment pursuant to the Investment Agreement an Annual Deposit. The Bank shall, immediately upon receipt, credil to the Sinking Fund all Annual Deposits and interest eamings accruing thereon, Upon any Event of Default under the Investment Agreement and the termination thereof, amounts received by the City either as (a) a withdrawal of the entire balance of the Deposit (as defined in the Investment Agreement) and all accrucd and unpaid Interest (as defined in the Investment A¡''feement) or (b) a Termination Amount (as defined in the Investment Agreement) shall bc deposiled into the Sinking Fund for the benefit of the Bank and, together with all Annual Deposits received thereafter. shall be invested by the Bank in such investments as arc authorized for investment of public funds under Virginia law, Section 6,3 Effect ofOualified Annual Deposits; Aoolication of Sink in I! Fund, (a) The Bank agrees Ihat, upon the receipt of a Qualified Annual Dcposit, a principal amount ofthc QZAB equal to thc amount of the Qualified Annual Deposit and interest eamings thereon shall be deemcd defcascd and that the Bank will look only to the amounts in the Sinking Fund for payment of such principal amount of the QZAB, provided that, notwithstanding the foregoing or any other provision hereof. in no event shall the City's obligation with respect to paymcnt of principal of the QZAB be reduced to an amount less than 10% of the initial principal amount of the QZAB except as the result of any payment of principal of the QZAB made by the City on the Maturity Date. The Bank agrees to acc.ord such treatment to each Qualified Annual Deposit and interest earnings thereon and Ihc principal amount of the QZAB associated with each such Qualified Annual Deposit notwithstanding any investment losses or shortfalls in the Sinking Fund, The Bank shall assure that any subscqucnt registered owncr of the QZAB expressly acknowledges and agrces to be bound by the tenns of this subsection (a), (b) The Bank shall apply the balance in the Sinking Fund to pay the principal of the QZAB on the Maturity Date. ARTICLE VII MISCELLANEOUS Section 7,] Successors and Assil!ns. This Agreement shall he binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. li;nrll)hl:l7S·1. ú77R:!(¡-OOù5l)·OII 7 Scction 7,2 Amendmcnts. The City and the Bank shall have the right to amend from time to time any of this Agreement's ternlS and conditions, providcd that all amendments shall be in wriling and shall be signcd by or on behalf ofthc City and the Bank. Scction 7.3 Limitation of Cilv's Liabilitv, In the absence of fraud or misconduct, no present or future director. official. oflÌccr, cmployee or agcnt ofthc Cily shall be liable personally in rcspect of this Agreemcnt or thc QZAB or for any othcr action takcn by such individual pursuant to or in connection with the financing providcd for in this Agrccmcnt or the QZAB, Section 7,4 Applicab1c Law, This Agreemcnt shall be governed by Virginia law. Seclion 7,5 Scvcrabilitv, Ifany clause, provision or section of this Agreement shall bc held illcga1 or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder oflhis Agreement which shall be constmcd and enforced as if such illegal or invalid clausc, provision or section had not been contained in this Agreement. If any agreement or obligation containcd in this Agreement is held to be in violation of law, then such agrecment or obligation shall be deemed to bc the agreement or obligation of the City and thc Bank, as thc case may be, only to the extent permittcd by law. Scction 7.6 Notices. Unless otherwisc provided for hcrein, all dcmands, notices, approvals, consents, requests, opinions and othcr communications undcr thc QZAB or this Agreement shall be in writing and shall be dccmed to have becn given whcn delivered in pcrson or mailed by first class rcgistered or cerlified mail, postage prepaid, addressed (a) if to the City, at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Attention: Director of Finance, or (b) if to the Bank. at Commercial Banking, V A8-840-02-02, 302 S, Jefferson St., Roanoke, VA 24011, The City or the Bank may designate, by notice given hereunder, any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 7,7 Headings. The hcadings of the several arlicles and sections of Ihis Agrccment arc inserted for convenience only and do not comprise a part of Ihis Agreemeni. Section 7.8 Term of Agreement, This Agreement shall be effectivc upon its execution and delivery. provided that the QZAB previously or simultancous1y has been executed and dclivered. Except as otherwise specified, the City's obligations under the QZAB and this Agreement shall expire upon payment in full of the QZAB and all other amounts payable by the City under this Agreement, Section 7.9 Countemarts. This Agrcement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitutc but onc and Ihe same instrumeni. Section 7,10 Expenses of Bank. Thc City agrees to pay from legally available and appropriated funds all out-of-pocket cxpcnses of the Bank in connection with its purchase of the QZAB, including the fees and cxpenses of the Bank's counsel, up to a maximum of$1 ,500, :#ll~96678-1. 077826-00059-011 8 Section 7.11 Annual Financial Statements. During the tenn of this Agreement, the City agrees to provide the Bank with a copy of its annuallinancia1 statcments within 270 days aficr thc end of each of the City's fiscal years. WITNESS thc following signatures, all duly authorized. CITY OF ROANOKE, VIRGINIA By: City Manager BANK OF AMERICA. N,A. By: Its: t#(¡I}l)(¡h7S-1.077Rló-OÛ059-011 9 EXHIBIT A TO FUNDING AGREEMENT. DATED AS OF DECEMBER .2006, BETWEEN THE CITY OF ROANOKE, VIRGINIA AND BANK OF AMERICA. N.A. No,R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (PATRICK HENRY HIGH SCHOOL), SERIES 2006 DATED DATE MATURITY DATE December 30, 2006 December , 2022 REGISTERED OWNER: BANK OF AMERICA, N.A. PRINCIPAL AMOUNT: ONE MILLION NINETY SEVEN THOUSAND FIVE HUNDRED SEVENTY ONE ($1,097,571) The CITY OF ROANOKE, VIRGINIA (Ihe "City"), for va1uc rcceived, acknowledges itsel f indebtcd and promiscs to pay to thc registcred owner of this Bond or such owncr's attorney or legal representative the principal amount staled abovc on thc malUrity datc sct forth above (thc "Maturity Datc") or upon prior rcdemption as provided below, The principal of and prcmium, if any, on this Bond arc payable in1awlu1 money ofthc United States of America. This Bond shall bcar no interest. The principal of and premium, if any, on this Bond are payable upon prcsentation and sUHender hereof at the of(Í<:e of the Direclor of Finance of thc City, as Bond Registrar and Paying Agcnt (thc "ßond Registrar"). This Bond is issucd under the authority of and in full compliance with the Constitution and statutcs ofthe Commonwealth of Virginia, and, more particularly, issucd pursuant to Ihc Public Finance Act of 1991, Chapter 26 ofTitlc, Virginia of 1950, as amcndcd, and Resolution No, __ - 122006 (the "QZAB Resolution") adopted by the Council oCthe City (the "Council") on December 18,2006. The City is issuing this Bond and using the proceeds of the sale thereof, along with other available City funds, to finance the renovation, rehabilitation and repair and/or equipping of Patrick Henry High School. :#U\)i¡(l(,ï8-1, ()ÎÎ8.!6-O(lU~IJ-Ull A-I The fulllàith and credit of the City arc irrevocably pledged for the payment of the principal of and premium. ifany, on Ihis Bond in accordance with its tenns, The Council of the Cily is aulhorized to and shall levy and collect allllllally, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and ahove all other taxes authorized or limited by law, and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, on Ihis Bond to the extent other funds of the City arc not lawfully available and appropriated for such plullose, All references to the payment oflhis Bond and the security therefor shall be decmed to include all oflhe City's obligation to make Qualified Annual Deposils as defined and provided for in the Funding Agreement dated as of the dated date hereof(the "Funding Agreement"), between Bank of America, N,A., and the City. This Bond shall not be suhject to optional redemption prior to maturity, If the City fails to pay any Annual Deposit (that is not a Qualified Annual Deposit) on its due date, the registered owner of this Bond, upon written notice to the City as provided in the Funding Agreement, may cause this Bond to be redeemed in part at a redemption price equal to the amount of the Annual Deposit then in default (which shall constitute a paymenl of principal on this Bond for purposes Oflhis paragraph), plus a premium equal to an amount, as reasonably determined in good faith by Ihe registered owner of this Bond, to be the registered owner's total losses and costs in connection with the early redemption of such portion of the principal amount of this Bond, including any loss of bargain, cost of funding or, without duplication, any loss or cost incurred (expressed as a positive number) or gain realized (expressed as a negative numher) as a result of its ternlinating, liquidating, obtaining or reestahlishing any hedge or related Irading position, The Bonds arc issuable as fully registered bonds in denominations of$5,OOO and integral multiples Ihereof(exeept for one denomination which may be less than $5,000), Any Bond may he exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations at the principal office of the Bond Registrar. Upon surrender for transfer or exchange of this Bond at the principal office of the Bond Registrar, the Cily shall execute and the Bond Registrar shall authenticate. and deliver in the name of the registered owner and/or the transferee or transferees, as appropriate, a new Bond or ßonds of any authorized denomination in an aggregate principal amount equal to, and of the same form and maturity as this Bond, subject in each case to such reasonable regulations as the Council and Ihe Bond Registrar may preserihe. All Bonds presenled for transfer or exchange shall be acc.ompanied by a wrillen instrument or instruments of transfer or authorizalion for exchange, in form and suhstanee reasonably satisfactory to the Bond Registrar, duly executed by the regislered owner or by his or her duly authorized a!lomey-in-fact or legal represenlative, No Bond may hc registered to hearer. Any such exchange or transfer shall be at the expense of thc City, except that the Bond Registrar may require payment by the person requesting such exchange or transfer of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the exchange or transfer of this Bond. I 1!Ot)966 71)-] , U77826-0fJIJ5".l-O II A-2 The City may designate a successor Bond Registrar and/or Paying Agent. provided that wrillen notic.e specifying the name and location of the principal office of any such successor shall he givcn to Ihe registered owner or each oflhe Bonds. Upon regislration of transfer of this Bond, the B'ond Registrar shall furnish wrillen notice to the transferee of the name and location or Ihe principal office of the Bond Regislrar and/or the Paying Agent. The Bond Registrar shall treat the registered owner of this Bond as the person exclusively entitled to payment of the principal of and premium, if any. on this Bond and the exercise of all other rights and powers of the owner. Notwilhslanding anything contained in the forcgoing. if the Maturity Date {hlls on a Salllrday or Sunday or a day on which banks located in the City of New York, New York are alllhorized or required by law or executive order to close fa "Non-Business Day"). the Maturity Date shall be on the next preceding calendar day that is not a Non-Business Day, This Bond shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. All acts, conditions and things required hy the Constitution and statutes of the Commonwealth of Virginia to happcn. exist or he performed precedent to the issuance of this Bond have happened, ex ist or been perfonned in due time, fonn and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prcscribed by the Constitution and statutes of the Commonwealth of Virginia. 11\ WITNESS WHEREOF, the Council of the City of Roanoke, Virginia, has caused this Bond 10 he signed by the manual signature of the Mayor or Vice Mayor, the seal of the City to be affixcd hcrcon and attested by thc manual signature or the Clerk or any Depuly Clerk of the Council, and this Bond to bc dated thc dated date hereof, CITY OF ROANOKE, VIRGINIA By: Mayor City of Roanoke, Virginia [SEAL ATTEST: Clerk of the Council. City of Roanoke, Virginia ~;109%f)7l;-1, U7ï~2h-l)0059-ûll A-3 ASSIGNMENT FOR VALUE RECEIVED, the unùersigned sclls, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIG!\:EE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and docs herehy irrevocably constitute and appoint , attorney. to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in thc premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer. Credit Union or Savings Association which is a Mcmber of a medallion program approveù by The Sccurities Association, Inc.) (The signature above must correspond with the name of the Registered Owner as it appears on the books kept for registration of this Bond in every particular, without alteration or change,) I#UlI9667X-l, 0778:!6..o0IJ59·0 f A-4 BankofAmerica. ~ ." THE CITY OF ROANOKE. VIRGINIA. GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS Novemher 14. 2006 Pruposal: Bank of America. N.t\. proposes In purchase fr(lll the City or RnallllkL' (the "City", it:-. (jL:ncr~11 Ohligalil)!1 Qualilicd IOIlt.:' At.:adL'IllY Rl..ll1lL Series. 2006. in IhL' amount orSIJJ47.5ïl (the "QlAS'·). with tht: provisiun ora Tim!.: DI.:lusit Agrcl'll1cnt prl)vidt.:'d by Rank l)f AIllL'ril."a. t'.A. TI1I.' Time DL.:lllsit Agn:cllll.:llt \vill bt.' It)r tht..' il1\"Cstnh..'1l1 of the C)ZAR Sinking Fund l)CPllsit Account. in l'\'m...;idL'ralillll fur purchasing the QZAß \\"¡thou. original ¡ssw.: disl:uunt. ThL' It:Tms orthis prl\lLlSal will bCl:ull1t.:' t.:'ffcL'ti\"c upon aL'l.:L'ptancL' hy the City. Purchase Prict': S IJ)97.5ï 1 ( 100%1 of par) Coupon: ()'~ " Funding: The pWI.:n'ds \,)1' the QZAB will bt..' fully fUlllkd at dosing. Funding Bate: Prillr tll DI.:I..'\.:lIlhl..'r .'\1, 200(1 Tax Credit Allowam't.': 1'(1 hI.: Sl.:t hy II1\..' U.S. Dl.:partml.:llt \.\f Trl.::Isury prillr to closing: 5.511~,~, as of Today's datl'. ;\Ialuril~': To hI.: set by the U.S. ()cpartl11\..'nt {II' Trcasury pnl\' It.\ dosing: 16 years as of Novemher 2006, In'·t.'stnlt'nt Stnu.'ture: Sinkinl..!. Fund - Timl.: I:kflosil Al.!reemi.:nt * Tht..' City willmakc annual sinking fund dcpn=,its on thl..' annin:r....ary of dllsing. * There will he a total \)f 1(, dcpc,sits made hy thl.: City. * The Time Dl..'ltlsit ^grl..'l..'lllcnt will bc cOlcrrninoll:-ò \\'ilh thl' QZAR. QZAIl Amount S 1.1)<17,571 *indicatcs cnmp(lullllt:d rale -- Annual Sinkin:.: Fund Dcposits Interest IJroC'ceds Rcturl1l'd at , Ratr* i\1aturih' ~ S57.0 16 2.40% SI.On571 ---- InH'stment ..\gl'eenu.'nt: Lnde!" thc IcrIll:-ò or II1\..' Time Dl..'pll:-òit Agreemcnt. the City will inn:>sttht: Sinking Fund depusits fM a guaranlccd 1i.\I..'d rail' of rdurn as outlined in lhl..' Funding. AgI'CCllll'llt. Bank \.\f ^merica is a hank \\'ithin thc Commonwealth of Virginia and is i.1II appnwt,.'d institulion for thl' d...:posil of fuuds t,)f thl' ClHllmOI1\\'t.'alth lH' \lthcl' ro1i1it.:al slllxli\'i:-;il)f1s \If thc C\)IIlI1l(llI\wahh. The Sinking hmd will he ¡Il\"estcd in legal investmcnts for rublil..' sinking funds under thl..' Virginia Investment of Puhlil..° Funds ...\el. Bank Ratings: Uptional Redemp1ion: Security: ....inancial Stah.'l11l'nts: Even1uf f)efault: I~ating: Ofh,,: Custs: ( :lInditinns: Hank llf .America. N.A. has short-tcrm debt ralings of AAfAa líAA- and long- tcrm deht ratings l\f 1'-1 h VMIG I iF-I I hy S&P;\loI,dy's!Fitch rcspet.:'ti\·,,-'Iy. The City's QZAU shall not he suhjcl't ttlllPtional redempti\)n prillI' to maturity. The Cit) a/;!rccs that thl' Sinking Fund will he held hy Rallk (II' America 111 custody and in escrow f(lr thc hCllelit of Bank of l\1lI~rica and :IIlY fi.ilure o\\.'nt.:rs of the QZAB and will hl' irrt.:VllGthly pledged h.l set.:'ure the payment l\f the principal l,f the QZAB. The City':, QZAB and thl' ohligations of the (ïty w Illah' annual (kposib shall L'onstitulc l!ellcJ'i.Il11hli!!i.l1ions \lfthl' City hI \\hil..·h its 1'1111 faith <lnd crcdit shall he iITc\'ocahly pledged. Lp\)n the I~lilure w ray thc ("ity's C)7:\R in lìlll whl'n duc - othl'r than due to a shorttilll in the I..'arnings (inl'luding any loss of invested principal) on thc investment amounts III the Sinking Fund Illadc t1y the City with Uank of Anll..'ril·a - thc Ballk shall ha\'e all rt.:l11l'dies prl\\'ilkd t1y Virginia law. The City of Roanoke shall pf'l\vidl..' annual tinancial St<ltl'ml~nr:-: within 270 days nf l'at.:'h liscal year l'nd. Failure tn fund any of the reqllir~d annual Sillklllg Fund f)¡:posib will bl' l.:nnsider~d an E\'t:nt llflkl~tlIlt. Thl..' City's (>ZAU is not I'l.:lllired to he !'akd. Rond COllnscl. which is ~1("("eptahlL' to the Bank. will pn:parl' and/or provi(k the rolll.'wing documentation althe expclI=,e of Iht.: (ïly: · All l\rdinances and!I'!' reSI)llltil1I1S of the ("ity of Rl\annke net.:'l.:s:-.ary Lo autlwriZL' the issuance and sale uf thc QZAU. · Evidcllcc that thc City of RUanl\ke has received \\-Titten c\)llunitllll..·nh fn\lll privatt.: enLitics suflkit.:nt to satisfy the I W~";l private hti=,iness Cl\lllriblltioll requirl'lllent. · Written ecrtilicatiolls thaI the ("it)' of R(lanllkt.: has sali:,tied all of the l)fhcr cllndili\m."; rl..'c.:¡uired under federal alld =,Ialc law ror thc \'.tlid issuance (If the (PAil, · An opinion \\f Roml Cl\unsd ill t.:'ustomary fi.ll1n and suhstJnC(' rrll\'iding anwng other things lhat (;I) thc QZAB i:-. a \'.llldly authllrized. issul.'d and cnlìm:eahk gcnerall\bligatilln of the City of Roano!..:l· and (h) the Q7^R is a C)ualitied ZOlle Aeadcmy Rllnd within the Illeaning of Scc!i\)n 1.'97E of tht.: Illl"-'rnal Rcn:nuc Code (If 14:-::h. as :I1ll1..·luk-d. Thc Bank is not charging any commitlllt:nt nr othl.'r rl..'es wilh respect to this propusal. Thc Born\\\'er shall. however. pay all atwrneys' 1..·.\K·nsl·s inL'urred by Ihe Rank in l.:onnection with thl' Rank's review. duc diligcnce. negotiation. andior prcraratilm or the loan documentatioll. :.II1d the 1..·lusing llrthe QZAB. The City enlers into a Time Deposit Agrcclllent with Uank of AI1lt.'ril..·¡l as sL:llcd in the Funding Agreelllcnt. Satisfach.>ry rcvicw of all tr~lIlsal'ti\)n d\\t;ulllcnLs by Purt.:'hasel'·s Counsel. Bank of Anu.'rka.:\. A. ~ 7~.."- i\:lark Tanis V kl.: f'rl.:sidl.:nt :\\"·I..'~pt~d hy: (htl:' of .'\\,.'('('pl<.II1I.:\,.': (ïty of R1I3nflkt'. \ïq~inia Prinll.:d \al11l.: &. Tit\¡.: .2006 Item A.I. Information Tll\Œ DEPOSIT AGREEMENT (Bank of America, N.A. Reference # ) This Time Deposit Agreement. daled as of December 20. 2006 (the "Agreement "), is entered into by and among BANK OF AMERICA N.A." a national banking association duly organized and existing under and by virtue of the laws of the United Stales of America (the "Bank ") and the CITY OF ROANOKE, VIRGINIA. a municipal corporation of Ihe Commonweallh of Virginia (Ihe "Issuer "), WITNESSETH: WHEREAS, the Issuer has entered into that certain Funding Agreement, dated December _, 2006 (the "Funding Agreemellt ') and that certain Commitment Leller. dated November 14, 2006 with Bank of America. N,A, regarding the purchase oflhal cerlain S 1.097,571 City of Roanoke. Virginia General Obligation Qualified Zone Academy Bond (Palriek Henry High School), Series 200n (Ihe "Bond') issued by the Issuer pursuanl to that certain Resolution No, 121 g06. adopted by the City Council of the Issuer on December 19, 2006 (the "Resolution "); and WHEREAS, the Resolution provides for the payment of annual sinking fund deposits, as more fully set forlh in the Resolution; and WHEREAS, the Resolution provides Ihat such annual deposits shall be deposited in the Fund (as detined below) pursuant to the terms and provisions of the Funding Agreemenl; and WIIEREAS, pursuanl to the Funding Agreemenl, Ihe Issuer has directed thai such amounts deposited in Ihe Fund be invested in this Agreement; and WHEREAS, Ihe Bank is willing. on the temlS and conditions set forth in this Agreemenl, to acce.pt such moneys as deposited by the Issuer and to provide a rate of relurn Ihereon as specified herein, l'\OW, THEREFORE, in wnsidcralion of the premises and oflhe mutual eovcnanls herein contained, Ihe Bank and the Issuer, intending 10 be legally bound hereby. agree as follows: ARTICLE I DEFINITIO"lS. As used herein. the following tenns have the following meanings: "Approved Wire Time" means 2:30 p,m" New York time, "Bank" has the meaning sel forth in the inlroduelory paragraph of Ihis Agreement. "Bond" has the meaning set forth in the recitals of this Agreement. {#Ot)()!N7] -I. 07ïS26-()O()~9-0 I } "Business Day" means any day which is not a Saturday or Sunday or a day on which hanks located in the City of N~w York, New Y ork ar~ authorized or requir~d by law or exeeulive order to close, "Credit Reduction £\'elll" means the suspension, withdrawal or downgrade of the Issuer's long-Ierm unsecured credit rating below A3, A- or A- by S&P, Moody's or Fitch. respeclively, at any time prior 10 Ihe Scheduled Terminalion Date, "Dealer" means a leading dealer in the relevanl markets. "Dealer Certification" means a certificate, execuled by a Dealer, representing that (i) the Dealer is qualified and authorized 10 enter into an assignment of this Agreement; (ii) the Dealer has reviewed the terms of Ihe Agreemenl in full and has provided a bid to Ihe Bank on Ihe basis of such terms; and (iii) upon the request of the Bank, the Dealer will accept an assignment of the Issuer's rights and obligations under the Agreement in exchange for or by paymenl of Ihe amount of its bid, "Deposit" means an amounl equal to the sum of the Deposit Amounls deposiled hereunder on each Deposit Date, plus any Intercsl reinvested pursuant to Section 2.2. "Deposit Amount" means with respect to each Deposit Date" the amount identified as a Deposit Amounl on Schedule] herelo, "Deposit Date" means each date idenlified as a "Deposit Date" on Schedule I hereto, provided. however, if any such date is not a Business Day, then the applicable "Deposit Date" shall be the next preceding Business Day. "£arly Termination Date" means the date on which Ihis Agreement terminales prior to the Scheduled Termination Dale pursuant to the te-rms of Article IV, "Even I ()fD~fillllt" means: (a) The Bank commences a case in bankruptcy relating to it, is adjudicated an insolwnt or bankrupt. pctitions or applies lor the appointment of any receiver or trustee for ilself or any subslanlial part of ils property or initiates any proceeding relating to it seeking a eourl order for reorganization, arrangemenl, conservation, liquidation. or dissolulion under applicable bankruptcy or similar applicahle laws: or. any such proceeding is initiated against the Bank and the Bank indicates in writing ils consent thereto or such proceeding is not dismissed or stayed within ninety (90) days or such an order is entered against the Bank. (b) Failure hy the Bank to perform or observe any of its material obligations under this Agreemenl and Ihe eonlinuation of such failure for five (5) Business Days or more aner wrillen notice Ihereof is given by the Issuer 10 the Bank. (c) Failure hy the Issuer to transfer any Deposit Amount to the Bank by the Approved Wire Time on any Deposit Date, {#09IJSIl71-1. tl7782tí-OOO:it).nl1 (d) described), Agreemenl. A defillllt. event of default or other similar condition or event (however occurs in respect of the Issuer under the Resolution or Ihe Funding (el The Issuer withdraws amounls from the Fund pnor to Ihe Scheduled Termination Date, (t) Failure by the Issuer to perform or observe any of ils material obligations under this Agreemenl (other than those deserihed in clauses (c), (d) or (e) ahove) and the continual ion of such failure for five (5) Husiness Days or more arter \Vrillen notice thereof is given by the Hank to the Issuer. "Fitch" means Fitch. Inc. "Fun"" means the fund established pursuant to Section 6.1 of the Funding Agreement and designated thereunder as Ihe ["Sinking Fund",] "Funding Agreement" has the meaning sel forlh in the recitals of Ihis Agreement, "Interest" means inlerest earned and accrued on the outstanding balance of the Deposil in accordance with the provisions of Section 2.2 hereof. "Interest Rate" has the meaning specified for that term on Schedule I hereto. "Issuer" has the meaning set forth in Ihe introduelory paragraph of this Agreemenl. "Loss" means an amount, as reasonably detennined in good failh by the Bank, to be Ihe Bank's total losses and cosls in connection \Vilh a delay in the Issuer's delivery of the applicable Deposit Amount by the Approved Wire Time on any Deposit Date, including any loss of bargain, cost of funding or without duplication, any loss or cosl incurred as a result of its liquidating. oblaining or reestablishing any hedge or related trading position, "Moodl' '.I''' means Moody's fnveslors Service, fnc, "Quotation" means a quolation from a Dealer of the amount, if any, thai such Dealer would demand to receive (expressed as a positive number) or would offer to pay (expressed as a negative number) in consideration of such Dealer entering into an agreement with Ihe Hank (with such doeumenlaticlll as the Dealer and the Hank may in good faith agree) which would have the effeel of preserving for the Bank the economic equivalent of the parties' rights and obligations under this Agreement for the period commencing on the Early Termination Dale and terminating on the Scheduled Terminalion Date (assuming for these purposes thai this Agreement had nol lerminated but had eonlinued in full force through such date); provided thai, any such quotation shall not constitute a Quotalion hereunder unless the Dealer shall have submitted, in eonneclion wilh such quotation, a Dealer Certification, : #U9'II)1)71·1. fJ77KUi-OOOSC)·O I J "Resolution" has thc meaning sct forth in the rccitals of this Agreemcnt. "Scheduled Terminution Date" has the meaning spccified for that tenn on Schcdule I herelo, "S&P" means Standard & Poor's Ratings Group, a division of McGraw Hill Corporation. "Terminution Amount" means an amount, as rcasonably dctcrmincd in good fàilh by Ihc Bank, to bc the Bank's lota110sses and costs in connection with a Icrmination of this Agrccment, including any loss of bargain, cosl of funding or withoul duplication. any loss or cost incurrcd (exprcssed as a positive number) or gain rcalized (exprcssed as a ncgativc number) as a result of its tenninaling, liquidating, obtaining or recstablishing any hedge or related lrading position; provided, however, Ihat Ihe Issuer may, rcasonably and in good fàith, disputc thc delemlinalion by Ihc Bank as to the Temlination Amount by providing wriUcn notice to the Bank within Ihree (3) Busincss Days of such detennination (the "Notice Pcriod" and the datc such notice is providcd, thc "Noticc Datc"), Notwilhstanding the foregoing, thc partics hereby acknowlcdgc and agrec thatlhc Bank's detennination of thc Temlinalion Amount calculated as set forth above may change during said Notice Pcriod in the evcnt thc markct changcs during such period, On the Notice Date. the Bank shall in good faith solicil Quolations from at least three Dealers rcasonably acccptablc to the Issuer. If at least thrcc Quolations are provided, Ihc Bank shall then havc [he option 10 eithcr: (i) acccpt thc arithmetic mean of the Quotations as the Tcnnination Amount; or (iil rcquire the Issucr to assign, at the cost of the, Issuer, ils rights and ohligalions undcr this Agreemcnt to one of the Dcalers providing Quotations; provided that (a) such assignmcnl must be pursuant to documcntation Ihat is reasonably u<:ceptable to the Bank, and (h) the Bank must reccive such opinions and assurances as it reasonably requcsts in connection with such assignmcnt. In thc evcnt Ihat the Bank is unablc to obtain, three Quolations, the delcrminalion of Ihc Termination Amount as originally calculated by the Bank shall bc the Tcrminalion Amount. "Terminution Date" means the date on which this Agrcement tenninales, cither on thc Scheduled Tennination Date or an Early Tennination Date, ARTICLE II DEPOSIT OF FUNDS, Scction 2,1 The Deposits, On Ihe IcmlS and subject to Ihc condilions set forth hcrcin, thc Issllcr, by the Approved Wire Time on caeh Deposil Datc" shall wire transfer thc applicablc Deposit Amount, in immcdiately availablc funds, to the Bank in accordancc with thc paymcnl inslructions specificd in Exhibil ^ hcrelo and the Bank shall acccpt sueh Dcposit Amount. The Bank may, but shall nol bc obligated to, accept a Deposit Amount on any datc other than a Deposit Date, Scction 2,2 Interest, Intcrest shall accruc daily on thc Dcposit as of Ihc dosc ofbusincss cach day from and including the date of recciptthcrcof by the Bank to but cxcluding the carlier of thc Tcrmination Date and the date remittcd to thc Issucr as provided hcrcin, at the Intcrest Rate, provided that no Interest will accruc on or aftcr the Tcnnination Datc, 1nlcrest accrued {1;0998971-1. 077~26·0UU59-01 } hereunder shall be calculated on a 360-day year, consisting of twelve 30-day months, On each Deposit Dale during the term hereof and on the Tennination Date. any and all such Interest thai has accrued during Ihe immediately preceding year (or portion thereof in the case of Ihe Terminalion Date) shall be added to and reinvested as part of the Deposit Seelion 2,3 Wire Tram/ers, Amounts to be transferred hereunder 10 the Bank shall be transferred by the Approved Wire Time by wire transfer of immediately available funds to the Bank's account as specified in Exhibit A hereto or to such other account as the Bank shall so designale, such designation to be made in writing not less than Iwo (2) Business Days prior to the dale of lransfcr. Payments to the Bank made after the Approved Wire Time shall be deemed made on the nexl Business Day, Amounts 10 be paid hereunder by the Bank shall be transferred by wire transfer of immediately available fìll1ds to the account designaled by (he Issuer in Exhibit A or to such other account as Ihe Issuer shall so designate, such designation to be made in writing nol less than two (2) Business Days prior to the date of transfer. Any fees or eosls associated wilh Ihe transfer of funds hereunder shall be paid by the transferor of the funds, Section 2.4 Required Notices, In addition to all other notices required hereby, the Issuer shall give Ihe Bank (a) a copy of each statement. if any. furnished by the Issuer pertaining to the Fund promplly following the date on which such statement is so furnished, (b) notice of any amendmenl to Ihe Resolution or Funding Agreemenl which afTeets the Fund and (e) notice of any default under the Resolution or Funding Agreemenl or with respect to the Bond of which it has, or is deemed to have, notice, The Bank shall provide the Issuer with monthly statements listing the outstanding principal amount of Ihe Deposit and Ihe Interest thereon, The Issuer further agrees that no proposed modification. amendmenl or waiver of any provision of the Resolution or Funding Agreemenl shall be adopted which has the effect of increasing the Bank's exposure or obligations under this Agreement without the prior written consent of the Bank, ARTICLE III TERMINATION. This Agreement shall terminalc on the Scheduled Temlination Date, unless earlier lerminaled in accordance with its terms, If not earlier repaid in full pursuant to the terms hereof: Ihe balance of the Deposit, togelher with all accrued and unpaid Interest thereon, shall be repaid in full by Ihe Bank to the Issuer on the Scheduled Tenninalion Date, ARTICLE IV DEFAULT. Upon the occurrence of an Event of Default under dause (b) of the definition of "Event ()rD~/Ùult, " the Issuer the shall have the right to declare the enlire balance of the Deposil and all accrued and unpaid Inleresl thereon to be due and payable upon the Bank's receipt of written notice from Ihe Issuer. Upon the occurrence of an Event of Default under dause (a) of the definition of "Event of Default, " Ihe entire balance of Ihe Deposit and all accrued and unpaid Intcrcst thcrcon shall immcdiatcly become due and payable without nolicc of any kind, If, as a result of the occurrence of an Event of Default, the entire balance of the Deposit and all accrued and unpaid Intcrc.st arc withdrawn by the Issuer Ihis Agreemenl shall bc dccmed to have tenninaled on the date of such withdrawal. : i!Ol)~H971-1.l)7ïs2(¡-oO()51)-OI } Upon the occurrencc of an Evcnl of Dcfaull undcr c1auscs(c), (d), (e) or (f) of thc definilion of "El'I!nt ofDetàult. "the Bank shall have the right to lerminale this Agrecment, upon written notice to thc Issuer, and (i) if Ihc Termination Amount is a positivc numbcr, makc dcmand upon the Issuer for the payment of and the Issuer shall pay such Termination Amount to Ihe Bank within one (1) Business Day oflhe Bank's demand Ihcrcfor and (ii) iflhc Termination Amount is a ncgative numbcr, pay thc absolute va1uc of such amount to the Issuer; prO\'Ùled, however. to the extent the default arises under clause (c) of the definition of "Event of Defaull," in no evcnt shall Ihe Bank terminate Ihis Agreement unless the Issuer fails to "Curc" such default. For the purposes of this provision, "Cure" shall mean: (i) the delivery of the applicable Deposit Amounlto the Bank in accordance with Section 2.1 hereof; and (ii) the paymenlto the Bank of any Loss incurred by the Bank. as a resull of the Issuer's failure to deliver the applicable Deposit Amount on the applicable Deposit Date, bolh within ten (10) days of Ihe applicable Deposit Date, AIHICLE V CREDIT REDUCTION EVEI\'T Notwilhstanding Section 9.1 hereof: upon the occurrcnce ofa Credil Reduction Event, Ihe parties shall be deemed to havc modified and amended the Deposit Amount on Exhibil A hereto such thai the revised Deposit Amounl gcnerates an amount of [$1,097,571]. taking into accounl the balance of the Deposit as of the dale ofthc Credit Event Reduction and the change in the Interest Rate, Absent manifest error, such modification and amendment of the Deposit Amounl by Ihe Bank shall be binding on the parties hereto upon notice from the Bank and shall not require the consent or approval of the Issuer. ARTICLE VI REPRESENT ATJONS AND WARRANTIES. Seclion (j,1 Bank Representations lllld Warranties, The Bank represents and warranls 10 Ihc Issuer that: (i) il is duly authorizcd to enter into Ihis Agreement and the transactions eonlemplatcd hereby: (ii) this Agreement constitutes a legal, valid and binding obligation of the Bank enforceable against it in accordance with its terms, subject 10 bankruptcy, insolvency and similar laws alTecting creditors' rights generally, and subject furlher as to enforceability, to general principlcs of equity; (iii) the Bank is a bank withinthc ConUllonwcalth of Virginia that is approved for the deposit of funds of the Commonwealth or other political subdivision of the Commonwealth; and (iv) the excculion, dclivcry and perfonnance of this Agreement by the Bank docs nol and will not rcsult in a breach or violation of, or cause a defaull under, its charter or by- laws or any provision of any law, regulation, order. license, decree, judgmenl or agreement applicable to or binding upon the Bank or its assels, Seelion (j,2 Issuer Representations and Warralllies, The Issuer represenls and warranls to the Bank that: (i) il understands that this Agreement has not been nor will be registered under the Securities Act of 1933. as amended (the "Securities Act "), or any olher applicable securities law (including the Blue Sky laws of any state) and Ihat this Agreement may not be offered, sold, transferred, pledged, hypothecated or otherwise disposed of: unless eilher regislered pursuant 10. or exempt trom registration under, the Securities Acl and any other applicable semrities laws; provided. howel'"r. that this clause (i) shall not apply to any pledge or grant of the Fund on l#OQ9SQ71-1.077826-00059-011 behalf of bondholders (the "Bolldholders "); (ii) it understands that neither the Bank nor any person representing the Bank has made any represenlation to it with respect 10 the Bank or the offering or sale of this Agreemenl other than as expressly sel forth herein; (iii) the legend set forlh in Section 9,11 hereof has been called 10 its allention: (iv) il is duly authorized 10 enter inlo Ihis Agreement and the lransaetions eonlemplaled hereby; (v) Ihis Agreement constitutes a legal. valid and binding obligation of the Issuer enforceable againsl it in accordance with its terms. subjecl to bankruplcy. insolvency and similar laws affecting credilors' rights generally, and subject further as 10 cnforceability, to general principles of equity; (vi) tbe execution, delivery and performance of this Agreemenl by the Issuer does not and will nol result in a breach or violation of, or cause a default under, ils charter or by-laws; or any provision of any law, regulation, order, licensc, decree, judgment or agreemcnt applicable to or binding upon the Issuer or ils assels; (vii) il is not cntitled to claim. and shall not assert any claim, with respect to itself or its revenues, assets or properly (irrespectivc of the use or intended usc thereof). of immunity on the grounds of sovereignty or similar grounds from suit, jurisdiction of any court, relief by way of injunction, order for specific perfoffilanee or for recovery of property. attachment of its assets (whether betore or after judgment, and aid in execulion, or otherwise) and execution or enforcement of any judgment to which il or its revenues or assets or property might olherwise be enlitled in any suit, aclion or proceeding relating to this Agreement in the couns of any jurisdiction, nor may Ihere be attribuled to Ihe Issuer or ils revenues, assets or property any such immunity (nor shall such attribulion be claimed by the Issuer); (viii) it is nol entering into this Agreemenl with a view to any dislribution he.reof or Ihereof in violation of the Securities Act or any other applicable securities law, The Issuer furlher represents and warrants to the Bank that: (i) all moneys Ihatlhe Issuer invests with the Bank pursuant 10 this Agreemenl shall be derived from Ihe Fund; and (ii) it is authorized to enler into Ihis Agreement and to make the Deposit Amounts as contemplated by this Agreement. ARTICLE VII ROLE 0... THE BANK. II is expressly understood and agreed that in pertorming its obligations hereunder, neilher the Bank nor any of its direclors, officers, employees, agents or afliliates make any represenlation or warranly with respect 10, nor shall any of them be liable or responsible tor, (i) the Qualified Zone Academy Bond status of the Bond, (ii) the payment of any amounls owing on or with respect to Ihe Bond; (iii) the use or application by the Issuer of any moneys payable to Ihe Issuer hereunder; (iv) any acts or omissions of the Issuer or the parties 10 the Rcso1ution, Ihe Funding Agreement or any other agreement or instmment with respecl to the Bond: (v) the validity or enforceability of the Bond, the Funding Agreement, the Resolulion or any other agreement or inslmment wilh respect 10 the Bond; (vi) the Issuer's performance of ils obligations under Ihis Agreement, Ihe Bond, the Funding Agreement. the Resolution or any olher agreement or instrument wilh respect to the Bond; (vii) the effect of the negotialion, delivery and perfonnanee by the Bank of Ihis Agreement on the Qualified Zone Academy Bond slatus of the Bond; (viii) any charges, impositions or penalties arising from the performance of ils obligations in accordance with the tenns of this Agreemenl; and (ix) any other matter relating to any of the foregoing. Without limiting the foregoing. regardless of whether the Bank has reviewed Ihe Resolulion or is generally familiar with the tenns of bond resolutions of a similar type. the Bank shall have no duly to comply with the terms of the Resolution or to ascertain whether the Issuer is in compliance the.rewilh, The Bank (or its affiliates) may have other business relationships : #(I~19~N71-1. 07iK2ó-U0059-0 11 with the Issuer and with other entilies or persons party to other agreements or inslruments wilh respect to the Bond. For purposes of this Agreement. il shall not be necessary for the Bank to segregate or otherwise separately identify or account for Ihe Deposit. The Bank shall mainlain eomplele and accurate records identifying the Deposit. ARTICLE VIII CLOSING CONDITIONS On or prior to the date hereof, the following shall occur: (a) delivery 10 Ihe Bank ofa copy of the Resolution and the Funding Agreement. cerlified by a duly authorized officer of the Issuer as being a true and correct copy in full force and elTeet on the date hereof: (b) delivery to the Issuer of an opinion of counsel 10 the Bank. in the foml of Exhibit B: and (c) delivery to the Bank of an opinion of counsel 10 the Issuer, in the form ofExhibil C. ARTICLE IX MISCELLANEOUS. Section 9.1 No Waiver, No fàilure or delay on the part of the Bank or the Issuer in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or parlial exercise of any such righl or remedy preclude any other right or remedy, The rights and remedies of Ihe Bank and the Issuer hereunder are cumulative and are nol exclusive of any righls or remedies provided by law or equity or in any olher contract between Ihe Issuer and the Bank, None oflhe terms or provisions of this Agreement may be waived, modified or amended, except in writing duly executed by Ihe Bank and the Issuer. Seelion 9,2 Survival. All warranties and representations made by the Issuer or the Bank in Ihis Agreement or in any of the inslruments or documents delivered pursuant to this Agreement regardless of any invesligation made shall be considered to have been relied upon by Ihe other parties herelo and shall survive the delivery of any inslruments or documents, Section 9.3 Successors alld Assigns, This Agreement and all obligations and rights arising hereunder shall inure 10 Ihe benetit of and be binding upon the pal1ies herelo and their respective successors, assigns and beneficiaries, Notwithstanding the foregoing, this Agreement, and the obligations and rights arising umler this Agreemenl or any part hereof, may not be sold, pledged or assigned or otherwise transferred by the Bank or the Issuer without the prior wrillen eonsenl of the olher party herelo and any such attempted sale, pledge, assignment or transfer shall be void aÞ i"itio, Notwithstanding anything eonlaiœd herein this Section 9,3 to the conlrary, the Bank shall be permitled to lransfer this Agreement and its interests and obligations hereunder without the consent of the Issuer to any subsidiary or at1iliate of the Bank, or to any office, branch, or subsidiary of any atliliate of the Bank by giving wrillen notice to the Issuer of such Iransfer and the name of the transferee. Section 9.4 Delivcl)' of Deposit Notice, The Issuer hereby covenants and agrees to deliver 10 the Bank a deposit notice, in the form of Exhibit D hereto no 1aler than 5:00 p,m, eastern I /;09~S971-1. 077S26-11tI059-0 I f standard time at least one (I) Business Day prior 10 each Deposil Date, Section 9,5 Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the Stale of New York withoul giving effect 10 Ihe conflict of laws principles Ihereof; provided. however, the authority and capacity of the Issuer 10 enter inlo this Agreement shall he governed by and construed in accordance wilh the laws of Ihe Commonwealth of Virginia without giving etlcct to Ihe conflict oflaws principles Ihereof. Section 9.6 Severability of Provisiolls, If anyone or more of Ihe provisions contained in this Agreement is declared invalid, illegal or unenrorccable in any respect, Ihe validity legality and enforceability or the remaining provisions contained herein shall not in any way be atlccted or impaired Ihereby, Section 9.7 COl/llte/par/s, This Agreement may be executed in several counterparts and, as so executed, shall constitute one agreement binding upon the parties hereto. Section 9,8/1l/egratioll ofTemls, This Agreement, including Schedule 1 and all Exhibits herelo, contains the entire agreement among the parlies relaling 10 the subjecl matter hereor and supersedes all oral statements and prior writings with respeetlhereto, Section 9,9 IlIte/pre/atioll, The headings of Ihe articles and seelions hereof arc for convenience of reference only and shall not afTect the meaning or construclion of any provision hereof. Section 9,10 No/ices, All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given upon delivery if delivered by hand or overnight courier (againsl receipt), or as of the date or delivery shown ou the receipt if mailed at a post omce in the Uniled Slates by regislered or certified mail, postage prepaid, return receipt requested, or as of the date of acknowledgment irtransmitted by facsimile transmission or other telecommunication equipment, in auy case addressed to Ihe attcution of any or Ihe persons lisled on Exhibit A hereto, or at such olher address or to the attenlion of such olher persons as such party shall have designated to the other parties hereto in a written notice, Any notices given by facsimile transmission or other tclecommunicalion equipment shall be orally confirnled by the sender immediately after such notice is transmitted, Section 9.11 Legelld. THIS AGREEMENT HAS NOT BEEN NOR WILL BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR TIlE SECURITIES LAWS OF ANY STATE OR TERRITORY, AND THIS AGREEMENT MAYBE SOLD, TRANSFERRED OR ASSIGNED ONLY AS PERMITTED HEREUNDER AND ONLY IF REGISTERED PURSUANT TO THE SECURITIES ACT AND OTHER APPLICABLE SECURITIES LAWS. OR IF AN EXEMPTION FROM REGISTRATION IS A V AILABLE, BY ITS EXECUTION OF THIS AGREEMENT, TIlE ISSUER AGREES THAT TI-US AGREEMENT IS BEING ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO, OR FOR SALE IN CONNECTION WITH, THE PUBLIC DISTRIBUTION THEREOF. THE BANK HEREBY CALLS THE A TTENTlO:-.J OF THE ISSUER TO TillS SECTION, : ilOlJ9H97 I-I. 077~:!:(,·00059·01 } Section 9,12 No Third Party Beneficiaries, Nothing expressed or implied herein is intended or shall be construed 10 confer upon any person (other than the parties hereto and Iheir successors and permitted assigns), any right. remedy or claim by reason of this Agreemenl or any term hereof, and all temlS contained herein shall be for the sole and exclusive benefit of the parlies hereto anù Iheir su\:Cessors and pennitted assigns, Section 9,13 No FDIC II/sllrance. The deposit made pursuant to this Agreement is I/ot insured b)' the Federal Deposit Insurance Corporation. Section 9,14 Reserved. Seclion 9,15 Broker's Fees, The parties hereby acknowledge and agree that no brokerage or othcr similar fees will be paid by the Bank in connection with Ihe Iransac\ions described in Ihis Agreement. (SIGNATURE PAGE FOLLOWS I I "OINKI!7!-l. t17ï826-0005IJ-OI : IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executcd and delivercd as of the date first written above. CITY OF ROANOKE, VIRGINIA By: City Manager BANK OF AMERICA, N.A. By: Title: 10 i #09'J8971-1. 077826·{I0059-0 I } SCHEDULE I Deposit Date Deposit Amount 12/ /07 rTBAl 12/ /08 12/ /09 12/ /10 12/ /11 12/ /12 12/ /13 12/ /14 12/ /15 12/ /16 12/ /17 12/ /18 12/ /19 12/ /20 12/ /21 12/ /22 TERMS Interest Rale: _ (~..ó; provided. however. upon the occurrence of a Credit Event Reduction, the Interest Rate shall be_% Scheduled Tenninalion Dale: Deeember_, 2022, or if such day is nol a Business Day, the next preceding Business Day, {#t),)9lN71·, 077H26-U0059-0 I } EXHIBIT A Address for Notices: Bank: Bank: Bank of America, N.A. NC-021-12-01 214 North Tryon Street 14'" Floor Charlotl~. NC 28255 Attention: Reinvestmenl and Risk Managem~nt Group Telephone: (704) 387-0819/386-9292 T cl~copy: (704) 388-6963 with a copy to: Bank of America. N ,A, U ,S. Struelured Rales Trading 1633 Broadway New York, NY 10019-6708 AUn: Mike O'Neill Telephone: (212) 497-8890 Facsimile: (212) 497-6824 and Bank of America, N.A. U ,S. Structured Rates Trading Operations 233 South Wacker Drive. 27lh Floor Chicago, 11. 60606-6306 Atln: Muni Operalions Telephone: (312) 234-3450 Facsimile: (312) 453-2115 Wire Transfer Instructions: Bank Name: Bank of America, N,A, New York, New York ABA #026009593 Account Name: Interest Rate Derivatives Account #6550-219386 Issuer: City of Roanoke, Virginia lÞ.OQ9~971·1. 077826-00059·01 } 215 Church Avenue S,W, Roanoke, Virginia 240 II Attention: Treasurer Telephone: (540) 853-2561 Telccopy: (540) 853-1019 Wire instruclions for the Issuer: Bank: Wachovia Bank, Nalional Association ABA#: 051400549 Account Name: City of Roanoke Consolidated Account Account Number: 2001007418883 Conlacl: Evelyn Powers, City Treasurer lÞU":l":l¡(Y71-1.077S26-1100S9-01} EXHIBIT B [Opinion of Internal Counsel 10 the Bank] December _. 2006 Mayor and City Council City of Roanoke. Virginia Re: $1,097571 Cily of Roanoke. Virginia General Obligation Qualified Zone Academy Bond (Patrick Henry High School), Series 2006 Ladies and Gentlemen: 1 have acled as counsel to Bank of America, N,A, (the "Bank') in eonneclion with its execution and delivery of the Time Deposil Agreemenl, daled as of December _, 2006 (Ihe "Agreement"), between the Bank and Ihe Cily of Roanoke, Virginia, a municipal corporation of the Commonwealth of Virginia (the "Issuer"), In rendering Ihis opinion, I have examined. or had examined on my behalf. among other things. a copy of the Agreemenl and originals or copies satisÜlctory to me of all such corpora Ie records. agreements, bonds and other documents as I have deemed relevant and necessary as a basis for the opinions hereinafter expressed. In such examination, I have assumed the genuineness of all signalures, the authenticity of all documents submilled to me as originals. and the eon!(lTlllity with the authentic original doc.umenls of all documenls submitted to me as copIes, I am not expressing any opinion as to any malleI' relalillg to any jurisdiction other Ihan Ihe laws of Ihe Slate of New York and applicable laws of the United Slates and I assume no responsibility as 10 Ihe applicability of the laws of any other jurisdiction as to the subjccl transaction or the elTect of such laws thereon, Based upon the foregoing examination and review, 1 am of the opinion that: (i) The Bank is a national bank and has ('ulllegal right, power and authorily 10 enter into the Agreement and to perform its obligations thcreunder. (ii) The Agreemcnt has been duly authorized, executed and delivered by Ihe Bank, (iii) Assuming due authorization and execution by the Issuer, the Agreemcnl conslitutes the legal, valid and binding obligalion of the Bank, enforceable against it in accordance wilh the terms thereof, subject to applicable bankmpley, insolvency, receivership and similar laws affecting creditors' rights generally. and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or allaw. ~ 409')XlJì 1-1. 077S2ti·lll)II:"iI}-t) I f I am furnishing this opinion solely for the benefit of the Issuer and no other person is entitled to rely hereon. This opinion is not to be used. circulated, quoted or otherwise referred to for any olher purpose. Very lruly yours. I #U'J<)::oi9ï I-I. 07iFi26-0005()-OII EXHIBIT C [Opinion of Counsel to the Issuer] December _. 2006 Bank of America. N,A. Bank of America Inlerslale Tower NC 1-005-10-05 121 West Trade Slreel, 10th Floor Charlotte. "'orth Carolina 28255-0001 Re: $1.097,571 Cily of Roanoke, Virginia General Obligalion Qualified Zone Academy Bond (Patrick Henry High School), Series 2006 Ladie,s and Gentlemen: We have acted as counsel to the Cily of Roanoke. Virginia, a municipal corporation of the Commonwealth of Virginia (the "Issue,",') in connection with its execution and delivery of the Time Deposil Agreement. dated as of December _.2006 (the "Agreement"), bel ween the Issuer and Bank of America, N,A" a national banking association (the "Bank"), Capitalized tell11S used herein and not dclined herein have lhe respeelive meanings given 10 them inlhe Agreement, In rendering this opinion. we have examined, among other things. copies of Ihe Agreemenl, Resolution No, _-121806, adopled on December 18,2006 by lhe City Council of the City of Roanoke. Virginia (the "Resolution") and Ihe Funding Agrecmenl dated as of December _, 2006. by,and between the Issuer and the Bank (Ihe "Funding Agreement" and colleclive1y with Ihe Agreement and the Resolution, the "Agreements"). In connection wilh the foregoing. we have also examined originals or copies satisf¡lctory to us of all such corporate records, agreements, certificates and olher documents as we have deemed relevant and necessary as a basis for the opinions hereina/ler expressed. In such cxaminalion we have assumed thc genuineness of all signaturcs, the authenticity of all documenls submitted to us as originals. and thc conformily wilh the original doeumenls of all documenls submilled to us as copies. We expre,ss no opinion as to the laws of any jurisdiction other than Ihe laws of the Commonwealth of Virginia (the "Commonweallh") and the laws ofthc Uniled Slales of America. Based upon lhe foregoing examination and review, we arc ofthc opinion thaI: (i) The Issuer has full legal right, power and authority to enler into the Agreements, 1/;{)<)9H'.l71-1. 077826-00059-0 II (ii) The Resolution has b~en duly adopkd by the Council ofthc Issuer and the Agrcement and th~ Funding Agreement have been duly authorized, execuled and delivered by Ihe Issuer, (iii) Assuming for purposes oflhe opinion expressed in this paragraph (iii) Ihat the Agreeme,nts are governed by and construed in accordance with th~ laws of the Commonwealth, each of the Agreements is a legal, valid and binding obligation of the Issuer, enforceable against it in accordance wilh the tenns thereof, including. without limilation, the obligation to pay any Termination Amount, subject to applicable bankruptcy. insolvency and similar laws affecling creditors' rights generally, and suhjccl, as to enforccability, to general principlcs of equity (regardless of whether enforcement is sought in a proceeding in equity or at law). (iv) The Issuer's execulion and delivery of the Agreements and Ihe performance of its obligations thereunder do not and will nol conflict with or constitute or result in a delimIt under, a breach or violation of, or the creation of any lien or encumbrance on any of its properly. or any other agreement, instrumenl, judgment, injunclion or order applicable to it or any of ils property, (v) The Issuer is nol entitled to claim sovereign or governmental immunity with respect to ilself or ils revenues or assels (irrespective of their use or intend~d use) from (i) suit, (ii) jurisdiction of any court, (iii) relief by way of injunction, order for specilic performancc or for recovery of property, (iv) allachmcnt of its assets (whether hel'ore or afier judgment) or (v') execution or enforcemenl of any judgmenl to which il or its revenues or assets might otherwise be made subject to in any suit, action or proceedings relaling to the Agreement brought in the courls of any jurisdiction and no such immunity (whether or not claimed) may be altribuled to such party or its revenues or assets, (vi) All consents, aulhorizations and approvals requisite for the Issuer's execution, delivery and performance of the Agreements have heen obtained and remain in full force and effect and all conditions thereof have been duly complied with, and no olher action by, and no notice to or filing with, any governmental aulhority, regulatory body or any olher enlity is required for such execulion, delivcry or pcrformance. We are furnishing this opinion to you solely for your bcncfil and no other person is entitled to rely hereon, This opinion is not to be used, circulated, quoled or otherwise referred 10 f'or any other purpose. Very truly yours, ~#n9·'~Nïl-l. Oi7816·00059-01 f EXH IBIT D DEPOSIT NOTICE Bank of America, N,A. Bank of America Interstate Tower NC 1-005-10-05 121 Wesl Trade Street, loth Floor Charlolle, North Carolina 28255-0001 Re: $1,097.571 City of Roanoke, Virginia General Obligation Qualified Zone Acadcmy Bond (Patrick Henry High School), Series 2006 Altention: Pursuanlto Section 9.4 of the Time Deposit Agreemenl dated as of December _,2006 (the "Agreemenl"), between the undersigned and Bank of America, N,A" a national banking association (the "Bank"), the undersigncd hereby certifies that it inlends to deposit with Ihe Bank,S[lon[ ]. City of Roanoke, Virginia By: Name: Title: {#09q~t)71-1. (ì7~2l.i-OOUS9-01 J CIII ~fl!o.~7l\U\·.1 NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA Noticc is hcrcby given that the Council of the City of Roanoke, Virginia (the "Counci1") will hold a public hearing, which may be continued or adjourned, as required under applicable law, at 7:00 P.M. on Decemberl8, 2006, althe Municipal Building, 215 Church Avenue, S,W, Roanoke, Virginia, in eOlmeetion with the intention of the Council to consider for passage a resolution or resolutions approving the issuance by the City of its general obligation honds in an amount estimated not to exceed SI,097,571 for the purpose of financing certain rehahilitations, repairs and/or equipment in connection with Patrick Henry High School in the City of Roanoke (the foregoing bonds, thc "Bonds"). Any citizen intercsted in thc issuance of the Bonds may appcar and be heard. If you arc a person with a disahi1ity who needs accommodations for this hearing, please eontac( (he City Clerk's Office (853-2541), before 12:00 noon on Thursday, December 14, 2006, Stephanie M. Moon, Acting, City Clerk Roanoke, Virginia 1#0995303-1, 077~26-00059-011 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Tilnes - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - .- WOODS ROGERS PLC PO BOX 14125 ATTORNEYS AT LAvl ROANOKE VA 24038 REFERENCE, 80028823 9987497 George J, A, NOTICE OF PUBLIC HEA State of Virginia City of Roanol:e I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanol:e, Commonwealth/State of Vilr~ia. Sworn and subscribed before me this _~~~day of December 2006, Witness my hand and official seal. 'fiSt.!!t CJ(W::3¡:R:Œ~ PUBLI~HED ON, 11/24,12/01 '- I' TOTAL COST, FILED ON, 357,46 12/01/06 ~::::;:::~__~6tI~__~~' -- ----- \----;-- NOnCE OF PUBLIC HEARING ON PROPOSEO BOND ANANCING BY THE , CItY OF ROANOKE, :, VIRGINIA · . I ~ Notice is hereby given that ithe Council of the City of !Roanoke. virginia (the !"CouncU") will hold a public Ihearlng, whic.h may be: continued or adjourned. as, · required under applicable .law, at 7:00 P.M. on, i December18. 2006. at the· ¡Municipal Building, 215\ tChurch Avenue. S.W. · Roanoke. Virginia. In . connet1lonwllh the Intention o1lhe Council to consider for . passage a resolution or 'resolullons approving the : Issuance by the Cily of Its 'general obligation bonds In an amount eSlimated not to · e.\ceed $1.097.571 for the · purpose of financing cerlaln : I rehabilitations. repalrst I and/or equi.pmenl.in I c.onnecUon wllh Patrick I Henry High School in the City · of Roanoke (the foregoing ! bonds, Ihe "Bonds"). Any 'citizenlnlerestt!dinthe issuance of Ihe Bonds may · appeLlr and be heard. If Y?U are a person with adlsablhty ! who needs accommodallons · for thls'hearing, please , contacl the Cily Clerk's Office i853-2541l. before : 12;00 noon on Thursday. · December 14, 2006. ¡ :, Stepha.nle M. Moon. Acting. I CilyClerk \ . . Roanoke, Virginia.' " \ ~9987497) L--- ('"', - - - - - - - - - - - - - - "'.':::;! - - - - - - - - ,~"') ,- ~ ,~'I Rep~sentat i ve i'ñ .:-) ,~ 1':..,_1 ~ ~h~' n.J r,) en Billing Services CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A \'Cl1ue, S. \V., Rnom 456 R0UIlPkc. V irgi nia ,;4() 11-1536 ·]·..:kphon~': (5":'U) H5.1-~5·1] Fax' is'¡U"¡ SS~-ll·15 E-nlilil: l'krk@lruanoke\"a.g'.l\' SIIElLA N, HARHIAI' .\ssislanl Cit)' Clerk ,,"~ ill ' ... ~n' . STEPHANIE ~1. MOO~, DIe ..ktinµ Cil)' Clerk December 19, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: I am enclosing copy of Ordinance No. 37651-121806 to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone property located at 4803 Williamson Road, N. W., Official Tax No. 2170128, from CG, Commercial-General District. and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to certain conditions proffered as set forth in the Second Amended Petition to Rezone filed in the City Clerk's Office on November 21,2006. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, December 18, 2006. Sincerely, ~~ rn. ~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer , Martha P. Franklin, Secretary, City Planning Commission c4~~ \ IN THE COUNCIL OF THE CITY OF ROANOKE, VTRGIJ\IA The 18th day of December, 2006. No. 37651-121806. AN ORDINA'\fCE to amend § 36,2-100, Code of the City of Roanoke (1979). as 31JlC'nded, and the OfJicial Zoning Map, City of Roanoke, Virginia, datcd December 5. 2005, as amended, to rezone certain property within the City, subjcct to ccrt3Ül conditions proffered by the applicHnt; and dispensing with the second reading of Ihis ordinance by tit1c, WHEREAS, the City of Roanokc, has made application to Ihe Council of the City of Rll'llloke, Virginia CCity Council"), to have Ihe property located at 4803 Williamson Road, l\. W.. bearing Official Tax No, 2170 I 28, rezoned from CG, Commercial-Gcnera1 ' , - District. and RM-2, Rcsidential J\1ixed Density District, to CG, Commcrcial-General District, subjcct to ccrtain conditions prortèred by the applicanl; WHEREAS, the City "brming COlllmission, afler giving proper notice 10 all concern cd as required by § 36,1-540. Code of the City of Roanoke (1 '179), as amended, and aftcr conducting a publie hearing on thc mHttcr, has made its re-commcndation to City Council;' WHEREAS, a public hearing was held by Citv Council on sueh application at lis meeting on Monday, Deccmber 18,2006, aiìer duc and timely notice thereof as reljuired by § 36,1-540, Code of the City of Roanoke (197'i), as amended, at which hcaring all parties in inlcresl and citizens were given an opportunity to he heard, both 10r and against the proposed rezoning; and WHEREAS, City Council, after considering the aJ(lrcsaid application, the recommendation made to City Couneil by the Planning Commission, the City's Rezone (.w-proifers) Cit}' 480] Willia:mml Road, ì\\V C\)mprehensive Plan, and the matters presented at the public hearing, tinds Ihat Ihe publie necessity, conveniencc, general welfare and good zoning practice, rcquire the rezoning of the property with a proffer, ,md is or the opinion that the property locatcd at ..803 Williamson Road, ~.W,' bearing Ofíìcial Taxt'<o, 2170128, should bc rezoncd as requested, and that such property bc re;¡,oncd fmm CG, COlTlmercial-Gcne,ra1 District. and RM-2 Residential ,Mix cd Density District, to CG, Commereial-Cìcnera1 District. subject to certain conditions proffered as set forth in Ihe Second i\mcnded Petition to Rezone filed in the City Clerk's omcc on ~ovember 21,2006, THEREFORE, BE IT ORDA1ì\'ED by Ihe Council oflhe City of Roanoke that: 1. Section 36,20-100, Code of the City of Roanoke (1979), as amended, and thc Official Zoning ~-1ap. City of Roanoke, Virginia, dated December 5, 2005, as amendeù, he amended so that the subject pmpe11y is rezoned ¡¡'om CG, COlllmerciaJ- General District, and R.1\1-2 Residential Mixed Density District, to CG, COlTl1l1crcial- General District, with such proffers as are set forth in Ihe Second Amenùed Petition to Rezone tiled in the City Clerk's Ofjicc onl\io\'ember 21, 2006, ~ Pursuant to the provisions of Section 12 of the City Charter, Ihe second reading ofilÚs ordinance by title is hercby disp"nsed with, ATTEST: ~~.~ Stephanie M. ,\roon, CMC Acting City Clerk Re.'.l>m: (w-prúÏfers) City 4803 WilIiamsl'n R02.l!. NW Á' ,~\.\~ v ¡ \""" y\. \ IN THE COL"NCIL OF THE CITY OF ROANOKE, VIRGI'JTA The 18th day of December, 2006. No. 37651-121806. AN ORDINANCE to amend ~ 36,2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning ìV1ap, City of Roanokç, Virginia, dakd Dceember 5. 2005, as amç,nded, to rczone certain properly within the City, subject tll certain conditinns proffered by the applicant; and dispcnsing with the sccond reading of this ordinance by title, WHEREAS, the City of Roanoke, has made application to the Couneilllflhe City of Roanoke, Virginia ('City Council"), 10 have the property locatcd at 4803 Williamsllll Road, N,W" bearing Official Tax No, 2170128, rezoned hom CG, Commercia1-Gencral District, and RM-2, Rcsidentia1 Mixed Density Districl, to eG, Commercial-General District, subject to certain conditions protTered by the applicam; WHEREAS, the City Planning Commission, after giving proper notice 10 all eonccrned as required by § 36,1-540, Code ofthc City of Roanoke (1979), as amemkd, and atìcr condueÜng a public hearing on the maller, has made its recommendation to City Council;' WHEREAS, a public hearing \Vas held by City Council on such application at its mecÜng on Monday, December IS, 2006. aner due and timely notice Ihereof as requir<':d by § 36,1-540, Code of the City of Rüanoke (1979), as amended, al which hearing all partics in inlerest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering Ihe aforesaid application. the recommendation made to City Council by the Planning Commission, thc City's Rezone (w-proffcrs.l Ci:y 4803 WIlliamson Rn3(!. NW Comprehensive Plan, and the matlers presenled at Ihe public hearing. linds that thc public necessity, conveniencc, gcncra1 welfare and gl)l)d ¡.oning praeticc, require Ihe rczoning Llr thc propeny with a proneI'. and is or the opinion Ihat the prapL'rly located at 4803 Williamson Road, :.J.W" bearing Official Tax :.Jo, 2170128, should he rezoned as rcquested, and that such properly be rezoned fmm CG, Commercial-General District, and RM-2 Residential Mixed Density District. to ('G. Commercial-General District. subjL'c\ to cerlain conditions proffered as sel ronh in the Sewnd Amendcd Petition to Rezone liled in the City C1erk's Otlice on ì\nvember 21, 200ti, THEREFORE, I3E IT ORDA1:\ED by the Council oflhe City of Roanoke thai: 1, Section 36.20-100, Code of the City of Roanoke ( 1(79), äS amended. and Ihe Ollicial Zoning Map, Cily of Roanoke, Virginia, daled December 5. 21)05. as amended. be amended so thai the subjecl pwpert)-' is rezoned from CG, CLHllIuercia1- General District, and RM-2 Residenlial !'vlixcd Densily Dislriet. 10 CG, Conllncrcia1- Cìeneral District, with such pwCi'ers as are set forth in the Second Amcnded Petition to Rezone filed in the City Clerk's Ollice on,\,nelllber n. 201)6, 1 Pursuant 10 the provisions of Seclion 12 of the City Charter. Ihe second reading of this ordinance hy lilk is hereby dispensed with, ATTEST: Stephanie \1. .\Ioon, CMC Aeting City Clerk iì.a.,me (.\\-p~l.)ll¡'.'rs·) ell}" 4¡:;n.~ Wirh:IT:ISllll Ril'IÚ. N\\' ·.---. ;:'::~~'~iì~~~::" "',¡,:.\i.i<l.I''¡':'~)' . ·"""·a~lI" T'-"f~ ~'.'.~. ·~:éi~::~" "'7f",", Jl #;'~.., {b;~ ,'!:;~'I;,J... ~G~:', ". ""i"'l"'»" ":_~.::1;'/~ CITY OF ROANOKE PLANNING BUILDING & ECOI\01\1IC llEVELOP:\1E"IT 215 Church Avenue. S.\\'.. KOllm fl,6 RO:lI1okc. Vir~inia 24011 Tl'Icl'hollc: (540) 85-'-17-'0 h,,: (5otO) 85-'-1 BII [-mail: planningi.drounokc\.a.J.!o\. \n:hir,·t"Ul"õlllh'\i,·\\ BUõlrd n"nrd lit 1.lInill~ \pJll':II. I'lõlllllill:':( lImTlli,~illn December 18, 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 the City of Roanoke to rezone a tract of land located at 4803 Williamson Road, N.w.. 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, in order to permit the construction of a fire station on the site, Planning Commission Action: Planning Commission public hearing was held on Thursday, November 16, 2006, Bya vote of 6-0 (Mr. Manetta absent for the vote). the Commission recommended approval of the proposed rezoning, The Commission, in separate correspondence, has outlined comments and further recommendations on the construction of the fire station. Background The petitioner owns property located in the Preston Park Neighborhood at 4803 Williamson Road, NW (Official Tax No. 2170128), which is split-zoned CG, Commercial- General District and RM-2, Residential Mixed Density District. The petitioner wishes to rezone the property to CG(c), Commercial-General District with proffered conditions, to permit the construction of a fire station on a currently vacant lot. The fire station will also include a community room available to the public. The site development plan calls for a two bay, one-story fire station with a third bay option, Fire trucks will access the site from Lanford Street, N.W" and exit the site onto Birchlawn Avenue, N.W, Employees and visitors will use the same ingress/egress points for access to the proposed surface parking lots, The petitioner has also 1 proposed to construct a sidewalk along Williamson Road, N,W., and Sirchlawn Avenue, NW, The Petition to Rezone was filed on October 19, 2006, Amended petitions were filed on November 7, 2006, and November 21, 2006, to address specific staff and Commission comments. Considerations Surroundinq Zoninq Districts and Land Uses The subject property is located at the intersections of Williamson Road, NW, Sirchlawn Avenue, N,W" and Lanford Street, N,W, It is currently zoned CG District along Williamson Road NW" and RM-2 District along Lanford Street, N,W, Immediately surrounding zoning and land use are as follows: · CG, Commercial-General District: Various commercial uses, including fast food establishments, retail sales and service establishments, motor vehicle sales, and an extended stay hotel, surround the subject property to the north, south and west. · RM-2, Residential Mixed Density District: Two single-family detached dwellings are located across Sirchlawn Avenue, N,W" from the subject property. · R-5, Residential Single-Family District: Single-family detached dwellings extend to the east across Lanford Street, N,W" from the subject property, Conditions Proffered by the Petitioner The petitioner proffers the following conditions: 1, The property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates. dated November 3, 2006, a copy of which is attached to this Petition as Exhibit 2, subject to any changes that may be required by the City during development plan review, 2, The fire station will be developed in substantial conformity with the Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated November 16, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 3, Compliance with the Zoninq Ordinance The subject property was split-zoned by Ordinance No. 17993 adopted by City Council on February 19, 1968, The request rezoned one acre of Official Tax Map No, 2170128 from RS-3. Single-Family Residential District, to C-2, General-Commercial District, for the construction of two commercial buildings, These buildings were demolished in 2 2005, leaving the site vacant. In December of 2005, the site was comprehensively rezoned to comparable zoning districts, RM-2, Residential Mixed Density District, and CG, Commercial-General District. Rezoning the entire property to CG, Commercial-General District, with conditions, will allow the site to serve the public as a fire station and community room, The site layout as proposed on Exhibit 2 of the First Amended Petition to Rezone meets the use and dimensional standards of the CG District. Public Comment The Williamson Road Area Residents Association commented on this petition, The Association stated they were pleased with the prospect of a well maintained City facility in the area but were concerned about noise associated with the operation of the station, There was no one present from the neighborhood present at the Commission's public hearing. Compatibilitv with the Citv's Comprehensive and Neiqhborhood Plans Both Vision 2001-2020 and the Williamson Road Area Plan support efforts to increase and improve fire and EMS services, The addition of this fire station will fill an identified need for the area, The Williamson Road Area Plan states that the fire station located at the airport should be relocated to the northern end of Williamson Road to decrease response times in the area, The plan specifies that the station should occupy an underused, abandoned or deteriorated commercial site. The plans also list improving the design of new buildings and sites as a high priority. The Williamson Road community has expressed a need for identifiable, unique places that are attractive from all visible sides, The community also expressed a desire for new non-residential buildings to be located towards the front of the site so objectionable activity, noise and light are physically moved away from residences. The following policies from the Vision 2001-2020 Comprehensive Plan and the Williamson Road Area Plan are relevant in the consideration of the current petition, . Vision 2001-2020: PS P3: Fire and EMS services. All areas of the City will have fire and emergency services that are located to provide the most effective and equitable protection. . Williamson Road Area Plan: o Community Design: . Building Scale: Multiple-story buildings will be encouraged in commercial patterns to make efficient use of limited commercial land and to provide for diverse uses, . Building Location: Zoning regulations will encourage a pedestrian environment and desirable streetscape by allowing future buildings 3 to be located close to the street, with the intent to set in motion a long range transition of commercial forms. · Parking lots should be located to the side or rear of the building, · Relationship between commercial and residential can and should be harmonious, o Public Service Policy: · Public Safety: Roanoke will continue to provide excellent public safety services to the area and will seek opportunities to improve effectiveness of its services. (Action: Construct a new Fire/EMS Station along the northern Williamson Road Corridor to improve response and service to residential and commercial areas, Preference in site selection should be given to abandoned or underused commercial properties.) Many design principles specified in the Vision 2001-2020 Comprehensive Plan are relevant in the consideration of the current petition. The development plan relates to the following design principles: · A sidewalk has been provided along Williamson Road NW., which extends an existing sidewalk from the north, and Sirchlawn Avenue N.W. · Street trees are provided along Williamson Road, NW and Lanford Street, NW" in accordance with the Zoning Ordinance, · Off-street parking is located to the side/rear of the building, · While the building's entrance has been oriented towards Williamson Road, N,W" Sirchlawn Avenue, N.W" has been chosen as the front yard by way of setback. Vision 2001-2020 states that buildings should define the street corridor as a public space through consistent setbacks and building fronts/entrances. Topography has been identified as the basis for this design, The Williamson Road Area Plan identified future land use of the subject property as small and medium scale commercial. The future land use surrounding the subject property is also identified as small and medium scale commercial. Presentation at Planninq Commission Work Session The petitioner presented the site plan and preliminary building design to the Planning Commission at its work session on October 6, 2006. Design comments include the following: 1, Grade the site and relocate building closer to Williamson Road, NW" to improve the building's relationship to Williamson Road and create a buffer for adjacent residential properties, If this cannot be achieved find an appropriate use and design concept for the open space at the front of the building, 2, Provide visual unification between the fire station and apparatus bays, 3. Remove the vehicular entrance from Lanford Street, N,W., to lessen the impact on adjacent residential properties, 4 4. Place all parking to the rear of the building, away from Williamson Road, N.w. Planninq Commission Discussion Discussion primarily focused on the design of the proposed fire station and its relationship to the surrounding neighborhood, To address staff and Planning Commission comment, the petitioner proffered a revised front and side elevation which specified the building material as pre-cast concrete and brick and added glass doors to the apparatus bays, The Planning Commission asked what roofing material had been chosen. The petitioner responded that they had chosen architectural grade shingles, The Planning Commission agreed this was a more appropriate material for the area than the original proposal of metal. The petitioner also discussed adding a plaza and wall area along Williamson Road to better establish a visual relationship between the building and the public right-of-way. The Planning Commission asked if the plaza and wall area were proffered as well. The Petitioner responded that they could not proffer the plaza and wall area due to insufficient funds, stating that they had already had to scale down the station in size, Other discussion with the petitioner included the following: , · The Planning Commission asked if a sidewalk had been included on the proffered site plan along Williamson Road. The petitioner stated that it had been included, · The Planning Commission asked if the petitioner foresaw the downsizing affecting safety levels. The petitioner responded that the fire station would still be functional as the area reduced would have been for spare vehicles. · The Planning Commission asked if the community room had been retained through the downsizing, The petitioner responded that the community room had been retained. · The Planning Commission asked whether the emergency generators were gas or diesel as diesel generators are loud and would disturb the station's residential neighbors, The petitioner stated that they would be gas, There were no speakers from the public during the hearing, Recommendation By a vote of 6-0, the Planning Commission recommends approval of the request to rezone the subject property to CG, Commercial-General District with proffered conditions, to allow the construction of a fire station, The northern Williamson Road corridor was specifically identified as the appropriate location for a new fire station by 5 the Williamson Road Area Plan. However, Planning Commission is concerned that the proffered site plan and elevations do not fully support design elements listed in the City's Comprehensive and Neighborhood Plans, To address these concerns, the Commission has provided additional comments and recommendations in a separate document. ~'~:;~tþ~ Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J, Talevi, Assistant City Attorney 6 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE Second Amended Petition to Rezone INRE: Rezoning of a tract of land located at 4803 Williamson Road, N.w" 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 such 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, the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, dated November 3, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 2, subject to any changes that may be required by the City dLlring development plan review. 2, The fire station will be developed in substantial conformity with the ~ Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated November 16, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 3, Attached as Exhibit 4 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 éfe/&. day of November, 2006, .. --.p' ¡' , By:_>" ïC.,,( c·u....../ JWL<-./~.."J Owner , Darlene L, Burcham City of Roanoke 215 Church Avenue, S.w, Roanoke, VA 24011 Exhibit1 \ '?" é Ó ". o,ç, 1')\- 0' v ~ 0". /,' \'01 ,1C) 'I- ,~'ò \1C) 'I- -:" õ ~ 6' , '-"', õ "'. 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I i JO ........ .....~i f~;;'~~ ,;i:sr¡;·;1W.1 ",-, .,............. r I' II ,i I II, " ' ~~ ~ ~~ ~¡~ " ':';" ::.~ . "~i: ~' Ii'. "", ~!~~a i1~;i! ~~H ~~~~ ~"', I' -i~ ~! ¡ '! !! " ,-r: , --;-1 : : t~ ! H ,I j~ H II ~~ f H ! H 1 " .:~. i,~ H Ii É{ ;! H Hi ::: ~ ""'I~¡,i¡ -' ,¡ ~I~;I ~ ;::' ~ :: . '.. ~ - . -;.:;.! ~ ¡!::;;', ~ l;: . ----i- IBi!l: ! J:II11/! :i I, ; ~, c {, I I ~ .. !!!s;~i J _II: 1_- ~~=~==--,-= , ¡i î! i , ~I ---------: EXllJB I '1 3 -' - \,;; './.i I ;..:. : u.: ; u.. ; "J. -: ~'I" ~ ~:: i..:.. -< - ,- c~ 0 0:: < ¿- - "".. :...) ;;."? C:::: :~ Z . ~ '......; <- .... z ,,", '-' f- « Of, L..;..; :l::: o t~~li .11 v-: c' ói; ~. .' . .: " ", -D o -- -D ~ < 0-- ....! EXHIBIT 4 - Adjoining Property Owners Tax No, Mailinq Address 2170138 Thirty-Three East, Inc, p, 0, 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 2280110 Air-Lee Cleaners 4720 Wi!liamson Rd" N, W, Roanoke. VA 24012 Juan & Marisella Aguirre 1329 W, Main St., #200 Salem, VA 24153 CITY OF ROAI\'OKE PLAN:\T'IG BUILDING & ECONOMIC DEVELOPMENT 215 Church ..\\'elllle. S.W.. Room 1(,(, Roanoke. \'ir~illia 24011 Telephone: (540) 853-1730 hlx: (540) 853-1230 E-mail: plannil1J.!;@::runnokc\.a.:.!o\· \n·hill'clllr;lll~l·\i¡·\\ Bllõlnl IlIml.! IIfl.unin:.:.\"ll'ah 1'1:lnnin:':(:llllImi,~illn December 18, 2006 The Honorable C, Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Subject: Williamson Road Fire Station At our November 16, 2006, meeting, the Planning Commission voted 6-0 to recommend the rezoning of a site at the corner of Williamson Road and Birchlawn Avenue for the construction of a new fire station, As an appendix to our vote, my fellow Commissioners instructed me to write to you and express our concerns about the design of the project. At our October 6th work session. the Commission received an initial presentation on the station's design, We expressed concerns that the building was pulled back so far from Williamson Road and was thus overly close to residential properties to the rear of the site, It was explained that the grade of the site and traffic backups on Williamson Road required that the building be pulled back so that a fire apparatus exiting the site could first enter onto Birchlawn, We then suggested that the open space between the building and the street be developed into a small park or other appropriate public use. We also expressed disappointment with the building's rather undistinguished design, We felt that this design was not at the architectural quality level of several of the City's other fire stations and that it would also not elevate the level of design along the Williamson Road corridor, We made several suggestions on how to improve the design. These suggestions were accepted graciously, but with the reply that a very tight budget was limiting the architect's ability to do very much. The design presented to us on November 16th as the final design is actually a step backward, The apparatus bays are smaller than before, thus limiting their usefulness, A portion of the station is now to be constructed of tilt-up concrete panels, a method of construction utilized in Home Depot stores, The remainder of the station is faced with brick, but with a base of split-face concrete block which cheapens the effect of the brick. We were also shown a design for a small public plaza fronting on Williamson Road which would be a nice public amenity and would give the station a presence along the road frontage, It was explained that budget considerations had driven the downsizing of the apparatus bays, the cheapening of the facades, and the deletion of the plaza, Members of Council Page 2 December 18, 2006 City Engineer Phil Schirmer informed us that the budget for the project had been established in 2001 and had not been upgraded since, even though construction costs have risen at unprecedented rates since, Mr. Schirmer explained that since the budget was fixed, staff's only alternative was to downsize and downgrade the quality of the project. Our city is graced with a number of fire stations that are beloved by our citizens for their architectural design qualities, The Planning Commission wishes to advise Council that this station, as currently envisioned, will never reach that status, The project is, in our opinion, simply not adequately funded at this point and, if it proceeds on its current course, we feel that Council and the citizenry will be disappointed with the end result. We respectfully request that Council reconsider the budget for this project and add the necessary funds so that its design may be elevated to a level comparable with the City's other fire stations. Sincerely yours, ~èWA·V~ ~~Lh~rd A, Rife, AlA m- D - Chairman, City Planning Commission cc: Darlene L. Burcham, City Manager William M. 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I® ". . ð ,¡lw zl ~I~ :3 ~n..o ala:" !!o· l!o~ I!!..J . ,- - - -------- ;IlL ~ -----J, " , / , ----.-- '-" '~---==-~-::I......-----:-="""( .'-.tV I~ ~ ,.~ <"~ ..J The Roa~üke Times Roa~oke, Vi~gi~ia A~fj.davit of PublIcation The RüüIlok..e Times -----. ..-----+ .------. MARY PARKER CITY 0:<' ROANOf.:E MUNICIPnL BLDG RM RO.'UJQK3 V.'" 2·1011 CITY 456 CI.JERK NOTICE OF PUBLlq HEARING ' The Council of ttle CIty. of Roancke will hold a PUbliCI "eari ng on \1onday. Decembl:'r 18, 2006, .:It 7:00 ¡l.m.. or .:1<; soon thereafter ,1S the mailer; m(:l'i be heard, in the ¡COU'nCil Chamber. fourth floor. in the Noel C. Taylor Munidp.:ll Building. 215 ¡Church Avenut:!. S.W. :Rodnohl:'. Virginia, to conSider th~ ollowi!1~: Request from City ot Roanoke, that Iltopt'rty .(lC'.lIt:'daI4R03WIIjamson [Road. "'.W.. being Official iT;]~ No. 217u128, currently :zoned CG . Commt!rcial- 'Gt'n':ral DI~lrlct. and RM-2, R~!'itdenlial Milledl Densitv District. be reloned'¡oCG-Conlmcr- '~~.:I~~~nce~~~ i~ii~~~c~'I:~lbjt~C~ I Ipropert.v will be developcd ~ in !'iub!'it.:lntlal conformitv i....iththesitè plan nr<!pared Ibv C;:¡ldwell Whitc Associ.:ltcs da:E'd November :3. 2006. and :hat the fire . station will be de'ic!oped in '!'iubstõJmial conformitv ....ith !the Ellterior EI~vali(ns Illan. !Prl'IHIrt!d by Rodriguez' !Riplev Maddux Motley IArchitec:s and Cole + IRusst-:1I Arcnitects. d<lted' INOVp."I1ber 1S. 2006. for the purpose of PNmittil1g the, Iconstruction of a tirc st¡ltion. A copy of the p,::,lition is' ¡tlvaililbl~ for review in the Office of th~ Cit't' Clerk., . Room 456, ~oel C. Taylor: Municipal.Building.215, ,Cnurch A~l'nue. S.W,,· i Ro~noke. Virginia. I All po'lr:ies in Inttc'r~st.::md !<.iulens may appeQr on thc : above dat~ and be heard' ¡on the matter. If~ou Mt!al I ~~~Sd~\a~~~n~~~~~I~:~~" v.ro~: thlshearing.p!easecontactl ¡he Citv Clerhs Office. atl 853-25~1. before noon on I the ThursdõJ~ bl'fore the date of the heminglisted õJbove. . GIVEN under my ho'lnd 'this 30th d,:¡y of November. 2006. I Slcpl10lnlc M. Moon. CMC Act:ng Cify Clerk REFERENCE: 10154151 10000362 NOTICE OY PUBLIC ILEA State 0= Virginia City of Roanoke I, (the t:.ndersi.gned) a:1 Cluthori::::ed representative of the Ti~es 'World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~~day of December 2006. Witness my hand an~fficial seal. ,~ f!t@ - , -~f~ ....¡; - ~- Notary Public Mì commftio x ires ~ili3.L_1.ÜD_'1_. PUBJ,ISEED ON: 12/02 12/09 " , : " .. .(1000036~ì__ TOTAL COST: FILED ON: 416.06 12/09/06 ('~) ~.::¡ Authorized Signaturc:_ ,11tJ2e- QúJJ i~~-)~ , ------------------------~---- C') r-' r~ ;;'0 Billing Services . ....-:-., Rep!t-¡~sentative I-··· r'lO'f¡ C·-:. "-'- (.'..J ~ .......... r-...:r (.) '...fI ,,<. ' SJ ,\0\» '~" t../". NOTICE OF PlJBLIC IfEARIi\'G The Council ofthc City of Roanokc will hold a puhlic hl'aring on Monday, Dl'Cèmber 18, 2006, at 7:0U p,m., or as soon thereafkr as the matter maybc hcard, in the Council Chamhcr, fourth floor, inlhe Noel C, Taylor ~lunicipal Building, 215 Church Avenue, S,W.. Roanoke, Virginia. to consider the la/lowing: Requcst Jrom City of Roanoke, that propl'rly located at 4803 Williamson Road, :'oJ.W" being Omcial Tax :'oJo, 2170128, currently zoned CG- Commerl'ial-Gencral District, and RM-2, Rl'sidcntial ~lixed Density District. be rezoned to CG-Commcrcia1-Genl'ral District, subject to Jhe conditions that thc propcrty will he developed in substantial conformity with the site plan prepared by Caldwell White Associates, dated :'oJovember 3,2006, and that the firc station will be developed in substantial conformity with the Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects. dated ì\o\'embcr 16, 2006. for Ihe purposc of permitting the construction of a lire station, A l'Opy of the petition is available for review in the Oflicc of the City Clerk. Room 456, Nod C. Taylor :\1unicipa1 Building, 215 Church Avenue, S. W., Roanoke, Virginia. All parties in interest and citizcns may appear on the above date and be heard on the maller. If you are a ¡)L'rson with a disabi lity who needs accommodations for this hearing, please wntact the City Clerk's Officc, at 853-2541. before noon on the Thursday bef(»)'e Ihe date orthe hcaring 1istl'd abo\'e. GIVE"lunder my hand this 2l!.t:.hday of November ,2006, Stephanic :\1, Moon, CMC Acting City Clerk, L '..,"]TU/lSI:Y"l¡.l"T,.l.'(I] 1)1,:-\(1"1 I("ES":\: ·l~:l.: W[[.l.r.\¡.,'S()~ RO-I:I,Ztlf\l..: Wi'kllFFJ:IlS ..'IIl.I'f)f{] 1·\IS rJP.F. D¡lf" Notice to I'uhlisher: Puhlish in the Roanoke Times once on Saturday, December 2, 2006 and December 9, 2006. Send bill and atlidavit to: Stephanie 1\1, 1\100n, Acting Cily Clerk 215 Church Avenue, S, W. Roanoke. Virginia 24011 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church A,rnue. S. Woo RlIlIm ~56 Roanoke. Virginia 24011·1536 Telellluml': 1's4(J18:-3·:!.':-4. f¡I.\':: t5-.JO.ISS.\·1145 E-mail: c1('rk(~·rmlnokt·\a.go\ SHEILA 1\. IIART\L\:-i .-\s!.isl'1Il1 Cil:r ("!t'rk STEPIIA:-i1E \1, MOON. CMC Ading Cit~ Clerk December 1, 2006 File #51-53-266 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Pursuant to provisions of Resolution NO.2 552 3 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, or other instructions by the Council, the following matters have been advertised for public hearing on Monday, December 18, 2006, at 7:00 p.m., in the City Council Chamber: (l) Request of the City of Roanoke to rezone a tract of land located at 4803 Williamson Road, N. W., from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, with certain proffered conditions, in order to permit the construction of a fire station on the site. (2) Approval of the issuance of general obligation bonds in an amount estimated not to exceed $1,097,571.00 for financing certain rehabilitations, repairs and/or equipment at Patrick Henry High School. I am enclosing copies of reports submitted by the City Planning Commission in connection with the requisite public hearing and concerns with regard to the design of the Williamson Road Fire Station project. Sincerely, ~M?::: {Qø.J Acting City Clerk SMM:snh Enclosure The Honorable Mayor and Members of the Roanoke City Council December 1, 2006 Page 2 pc: Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission (w/out enclosure) ""~~"\ - iiIffc' , ... '~,' CITY OF ROANOKE o.FFICE OF THE CITY CLERK 11.5 Church .-\\·cnul', S. \V., Room ..,56 RO'lIIokc. Virginia HOll-1536 Tl'Il'llholU': (:'40) M::i,J·15-11 F:n:: 1:;401 H5.~·11"5 F-lI1l.1il: dt'rkCj'i,'l"o:.uwkl·\"Cl.gO\ SIIElLA ~, HAR'nl,\I\ ..hsio,¡l:mt Cil}" Clerk STEPHA:\')Io: \.. 'tOn:\, C:\lC Adillg Cit~· (.'Ierk December 1, 2006 File #51 Thirty-Three East, Inc. Milton Santana, Jr. Barry R. Chitwood L. Edward and Nancy Poff XIAO JI QI and XIAO MEI YU Affordable Efficiency Inns., Inc. Ronnie L. Thomas Richard and Donna Dennis Bill Norman Woody Michael Lee Woody B. N. and Nancy Woody Air-Lee Cleaners Juan and Marisella Aquirre Dough Trout, WRAF Linda Plunkett, Executive Director, WRABA Philip Thompson, Deputy Director, Roanoke County Planning Ladies and Gentlemen: '. Pursuantto provisions of Resolution No.2 5 523 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, December 18, 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 the City of Roanoke to rezone a tract of land located at 4803 Williamson Road, N. W., identified as 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, in order to permit the construction of a fire station on the site. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~~N.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Thirty-Three East, Inc. P. O. Box 2442 Staunton, VA 24402 Milton Santana, Jr. 3104 Birchlawn Ave., N. W. Roanoke, VA 24012 Barry R. Chitwood 3023 Birchlawn Ave., N. W. Roanoke, VA 24012 L. Edward and Nancy Poff 3339-3D Circle Brook Drive Roanoke, VA 24014 XIAO JI QI and XIAO MEI YU 4821 Williamson Road, N. W. Roanoke, VA 24012 Affordable Efficiency Inns., Inc. 5520 Florist Road, #30 Roanoke, VA 24012-1234 Ronnie L. Thomas 3103 Birchlawn Ave., N. W. Roanoke, VA 24012 Richard and Donna Dennis 3027 Birchlawn Ave., N. W. Roanoke, VA 24012 Bill Norman Woody and Michael Lee Woody 400 Quicks Mill Road Verona, VA 24482 B. N. and Nancy Woody 400 Quicks Mill Road Verona, VA 24482 Air-Lee Cleaners 4720 Williamson Road, N. W. Roanoke, VA 24012 K.'-Rallnint;.... - S&:\ Clllsing:;\2lJl)(, - RCZllnings", .-City 1\1gr (...ljl).'t William~ll!1 R¡ll {I 1·21-1)11) \k...· Juan and Marisella Aquirre 1329 W. Main Street, #200 Salem, VA 241 53 Doug Trout, WRAF P. O. Box 5064 Roanoke, VA 24012 Linda Plunkett, Executive Director WRABA P. O. Box 5892 Roanoke, VA 24012 Philip Thompson, Deputy Director, Roanoke County Planning P. O. Box 29800 Roanoke, VA 24018 K:'R~i'tlnillgs - $&:\ (losings'·2U(16 -Ik/.\llllllgs\l -('iLy tl.lg1 (4XII} Willi:.\1ll:"llll1 [{t!) (J 1-:!1·.()(1) dell.: - ~rn;:¡ , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church __henne. S. W..Room 456 Roanoke, Virginia 24011·15J6 T('lt'phone: (5411) ~5.'-:!5·n Fax: (5-10l H53-U4S .:.mail: c1~rk@rt)¡lI)(k(',·a.~()v SHElLA~, lIARnIA~ Assistllnt <..:itJ Clerk STEPII.-\~IE \I, M()O~. eMC At'ling Cil)' C1l'rk November 21, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of the Second Amended Petition received in the City Clerk's Office on November 21, 2006, from the City of Roanoke, requesting the rezoning of property located at 4803 Williamson Road, N. W., identified as Official Tax No. 2170128, from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, upon certain conditions proffered by the petitioner. Sincerely, Á~ (n. hJOð7v Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlen L. Burcham, City Manager (w/out enclosure) 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 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE Second Amended Petition to Rezone 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, NW" 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 such 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, The property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, dated November 3, 2096, a copy of which is attached to this Petition to Rezone as Exhibit 2, subject to any changes that may be required by the City during development plan review. 2, The fire station will be developed in substantial conformity with the Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated November 16. 2006, a copy of which is attached to this Petition to Rezone as Exhibit 3, Attached as Exhibit 4 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 é)õ,z?{ day of November, 2006, ByQ':t~~ Owner V Darlene L, Burcham City of Roanoke 215 Church Avenue, s.w, Roanoke, VA 24011 Exhibit1 ""? c¿, 'Ó ? \,ò'!J ,1C) '). :, 0" o? ., .... ,'01 ,1C) '¡; ,~'ò ,1C) '). <). c¿, ~ 6' ,.> ~ o? ~ .:.... " , ' '01 1C)' ')., <). :.> o? ~ ~.,,/SI> \J~ ,1C) '). ""~ '?:J 06' .... ..... "¡,... "\;".. ",:./: .õ /", /"" , .. ' , . ".. .. ,1 1:)' ",').'13 C)').C)' ').,1 r" .: . :~~. .. '. , '''.. . !··U:,':. ):.:. ,"; :.,::'" > .... ,.. " ::>' ,~ 1:)' ",,,,'13 ',." ""? c¿, "'? "" \, ,C) 1C)'" ",' ",..." 0,,¡¡~''''--l ", '0' A ,,,,'i' -' '~:,.'.' .:0 " ."_. ..... ,~ ¡:;' ",'13 ,'" ;¡.C)'ò ,1C) '). \;. ./ " ~. /" .,of ..~ . .~,: . .\~ i '.',.. ,,,..,, /'\, ,':l ¡:;' ",,,,'13 "':; <). -' 0. <¡ ". -";.. ,'I> .,,' ~ '<'/ "7~ <J'O '1-1J o , C)'òC) ').,1 ":". ~ EXHIBIT 2 <:"4 I ! i. ¡i ,I ;;\:t- íj \,- 01 ¡'i / /-'\ II "'" / ! ',1''/ I i ~-_:! _,..-:::;:::::Ç:-- ~-t-l " II ~ ~;4ì_:", ' ,;', r I,· ~; I \=- ~i.~ o~i ..,r ,i _ \, ",\,'1" ~ti " I ,;1 ,~~~~ '. ;!! ¡¡! ___~1 iJI:!'\! \" \ .. ¡'1";i . ' , ,', " ',I ,II ¡i ' ! :~'i"; ,\ '\ I' PH " . f' .' ..: ~hiH ;"1""1 ' :' ,¡' I'~' ¡oil" :' i~í;;/~'. ;''-:J~,J; ¡, I! 'j H\~ .~\~. il 1['i~lJf~¡ iJ Il~l~ /'" ' '\~;;" /' r ' 'HI I )¡,'''~ --, / I ' ~', '-'-I' "f : ,,'1:::, ." ' I I I, 'I ,¡v(':'/--- I ~,,- .I',,//' _,) I' 1\ ';;,,\e' II i i I! ,,: 11, i /} I<\?:>-~ ~---.-- ! ,:ji Ii I ¡ ! ¡¡¡i¡! \'\~"S",3,tiJ ~i . ,¡ I" +1 .1,. ~'-- ~.~, ' it! h liB, j /~!!.~;:~::=?~~;é~,::;=;~~:::~':j'h ,---'---\¡ 11-' I _ ' , , i1 ,,<,",; \./ ,,"', ,<l!,'" I ,- " ld;, ! 1'1' ,I ! _rì'___~~1:;'lO:l-"--ø;i.'--'-.\:J"",¿-,f::I:-""S;:'_\ ,:,-- ---1 ,,' , . ' ' ' ,--=-'1------------'--'-~-- !.!~~~~'J..-L I ~------------~.:::::::--- ~---"- '<"" {"¡.lUolI"J",,~fl "N'N '(!l¡OH ..."~9';\");ìI4l. ¡ ; , , I , I ! :~ I; I ¡ill 1 ! I '[ , , , ,I ~~ ;"''1 ~t8 :'I.. .¡l¡" " l\P'~ 51!:: ~: .;~.\.~¡ ,;, :5 "r.. Of 't~'Of'! ~;':¡'I ~~,i R¡'!¡'~ Þ &:! .'I':~' ¡Ie ~ i':< î~ ~î ¡~. < , :?i ~~ i:. ;.~ d.. i'lis: ~:: ~H ~~~~ ~~~ iJ~ ~I¡r:l ,~~:;:; ;~l ~:~~ ~;;~ ::'; Slit ¡'~ ~'I: ~¡,.;,; ~~ ." ~ l': ~l I ,I Ii ~: ,------,-------------------------------------------------------' !, ¡~ ;U l!i I ~ , L , I~ ;~ '" ~~ ~ 8 . I I !il!i 'I'" otf".'¡": :::;I~ ¡Ii,:,¡ I r; ~ ; ~:!:! l@,-,_i';:PÕ ,:¡:i;,;¡ , '~I' ..",' '1'~'!I'¡P .,. ,.:;, , 131; LJ¡' 'i'ljJd; ,l¡ l'l~¡ I'j ", .J >I;; _ ".z ~: ~ ~~ ò;" ",,, ..", f:¡", ".. ,," ",'" c:¡; ~~ ~~ (§:j ",lE ¡ ;:1 ' ,! ' ., . ¡ 'in!~~!n ; ;-H: ~ ~ li .i!i n fi H' i ¡J~~ j :! - ,- - -- ~J p ,J ~ ~ EXHIBIT 3 - - < -:: > I.: :..:..: :s: ....1 -< = I ',.: " ;- .J . :; ~, z ~ = < , < > ~ ~ , :: ¿ < ~ . - , ?; ~ < - , ~ .;7 _ :~ ...:.... ,. ., ,..., -< - ~: < ~~ 0 ; ~ C&C z > C . if. :2 <: ...J ...J z C f- <: f- if. . t. .... ~~~ê! ..¡;:""~.. II t;: .. :E". .. C: 'æ: " ~;; \0 .' c ð: ~ OS ~ $: Tax No, 2170138 2170127 2170206 2280115 2170137 2170143,2170139 2170129 2170207 2170205 2170201 EXHIBIT 4 - Adjoining Property Owners Mailinq Address Thirty-Three East, Inc, p, 0, Box 2442 Staunton, VA 24402 Milton Santana, Jr. 3104 Birchlawn Ave" N. W, Roanoke. VA 24012 Barry R. Chitwood 3023 Birchlawn Ave., N, W, Roanoke, VA 24012 L, Edward & Nancy Poff 3339-30 Circle Brook Dr. Roanoke,VA 24014 XIAO JI QI and XIAO MEI YU 4821 Williamson Rd" N, W, Roanoke, VA 24012 Affordable Efficiency Inns., Inc. 5520 Florist Rd" #30 Roanoke, VA 24012-1234 Ronnie L, Thomas 3103 Birchlawn Ave" NW, Roanoke, VA 24012 Richard & Donna Dennis 3027 Birchlawn Ave" NW, Roanoke, VA 24012 Bill Norman Woody and Michael Lee Woody 400 Quicks Mill Rd, Verona, VA 24482 B N, & Nancy Woody 400 Quicks Mill Rd. Verona, VA 24482 2280114,2280111,2280156 2280110 Air-Lee Cleaners 4720 Williamson Rd., N. W, Roanoke, VA 24012 Juan & Marisella Aguirre 1329 W, Main St., #200 Salem, VA 24153 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 241111-1536 Telephone: (5~O) 8::03-2541 Fax: (S.¡O) 8':;~\-1145 E·mail: dcrkl!!=rmlllokcn.go\' SIŒIL\ :-;, H'\KnlA~ Assistant CitJ Clt"rk STEPllANIE ~l, ~IOO:>J, OK Acting Cit)' Clerk November 7, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of the First Amended Petition received in the City Clerk's Office on November 7, 2006, from the City of Roanoke, requesting the rezoning of property located at 4803 Williamson Road, N. W., identified as Official Tax No. 2170128, from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, upon certain conditions proffered by the petitioner. Sincerely, .~íh.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlen L. Burcham, City Manager (wlout enclosure) 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 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE First Amended Petition to Rezone IN RE: Rezoning of a tract of land located at 4803 Williamson Road, N.w., 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, Cômmer.cial-General District, and RM-2. Residential Mixed Density District. A map of the property ~o 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 such property be rezoned from CG, Commercial-General District, an?, 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, The property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, dated November 3, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 2, subject to any changes that may be required by the City during development plan review, 2, The fire station will be developed in substantial conformity with the Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated October 2, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 3, Attached as Exhibit 4 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 (p-rL- By: day of November. 2006, ;)¡t~f£vJ~ '-""Owner U Darlene L, Burcham City of Roanoke 215 Church Avenue, s.w, Roanoke, VA 24011 '." ,..." Exhibit1 ""7 -0 'Ó 7 \,,9 ').\1\l :, 0." 0.7 \\ ,,\ ~ ~.' \~'?> \1\l '). ~ :..> 0.7 "b ~ :..> c;, ~ ..,,' 1 \l\'?> ').\1 ~ :..> 0.", "":..> , \,?>1 , \1\l '). \,?>'ò \1\l '). ""7 -0 ~ <9 ""7 -0 'b is ""7 -0 'b 6' ,,' ""7 -0 'b <9 ;¡.\l\ \1\l '). ""7 -0, ""7 "" ;¡.\\l ').\1\l , , ", 0,,¡,,'r ¡"I'" :01" ,,~ ,,\ 'l-'l-'IJ '" ;¡.\l- \1\l '). 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"'::', :- .,\ , " '....::./ 8 C\I « ~ ", ~ J~ Tax No. 2170138 2170127 2170206 2280115 2170137 2170143.2170139 2170129 2170207 2170205 2170201 EXHIBIT 4 - Adjoining Property Owners Mailinq Address Thirty-Three East, Inc. p, 0, Box 2442 Staunton, VA 24402 Milton Santana, Jr. 3104 Birchlawn Ave., N, W. Roanoke. VA 24012 Barry R. Chitwood 3023 Birchlawn Ave" N, W, Roanoke, VA 24012 L. Edward & Nancy Poff 3339-3D Circle Brook Dr. Roanoke, VA 24014 XIAO JI QI and XIAO MEI YU 4821 Williamson Rd., N, W, Roanoke, VA 24012 Affordable Efficiency Inns" Inc, 5520 Florist Rd., #30 Roanoke, VA 24012-1234 Ronnie L. Thomas 3103 Birchlawn Ave" N.w, Roanoke, VA 24012 Richard & Donna Dennis 3027 Birchlawn Ave" N.w, Roanoke,VA 24012 Bill Norman Woody and Michael Lee Woody 400 Quicks Mill Rd, Verona, VA 24482 B N. & Nancy Woody 400 Quicks Mill Rd, Verona, VA 24482 2280114,2280111,2280156 2280110 Air-Lee Cleaners 4720 Williamson Rd" N, W, Roanoke, VA 24012 Juan & Marisella Aguirre 1329 W, Main St., #200 Salem, VA 24153 " TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke at 4803 Williamson Road, NW, Tax No, ) 2170128, from CG and RM-2 to CG. with conditions )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15,2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of October, 2006, notices of a public hearing to be held on the 16tl1 day of November, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 2170138 2170127 2170206 2280115 2170137 2170143 2170139 2170129 2170207 2170205 2170201 2280114 2280111 2280156 Owner Mailinq Address Thirty-Three East, Inc. p, 0, Box 2442 Staunton, VA 24402 Milton Santana, Jr. 3104 Birchlawn Ave., N, W, Roanoke, VA 24012 Barry R. Chitwood 3023 Birchlawn Ave" N. W, Roanoke,VA 24012 L, Edward & Nancy Poff 3339-3D Circle Brook Dr. Roanoke, VA 24014 XIAO JI QI and XIAO MEI YU 4821 Williamson Rd" N. W, Roanoke, VA 24012 Affordable Efficiency Inns" Inc. 5520 Florist Road, #30 Roanoke, VA 24012-1234 Ronnie L, Thomas 3103 Birchlawn Ave" NW, Roanoke, VA 24012 Richard & Donna Dennis 3027 Birchlawn Ave" NW. Roanoke, VA 24012 Bill Norman Woody Michael Lee Woody 400 Quicks Mill Rd, Verona, VA 24482 B N. & Nancy Woody 400 Quicks Mill Rd, Verona, VA 24482 Air-Lee Cleaners 4720 Williamson Road, NW Roanoke,VA 24012 2280110 Juan & Marisella Aguirre 1329 W, Main St., #200 Salem, VA 24153 Others Notified: Doug Trout, WRAF, POBox 5064, 24012; Linda Plunkett, Executive Director, WRABA, POBox 5892, 24012; and Philip Thompson, Deputy Director, Roanoke County Planning, POBox 29800, 24018 1tJ~ Idv, :Jvt~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of October, 2006, m;¡:J ~otary Public My Commission Expires: I!(JI/(brr,û.) 301 ;)ôO~ Gndc¡u #~ '" ''@\I!b' CITY OF ROANOKE OFFICE 01" THE CITY CLERK 215 Church Anulle. S. W.. Room 456 Roanoke. Virginia 24011·1536 Tel('phlln~: 15401 R53-25·U Fax: (S40,853-1145 F.-mail: dcrk(iXro:lllllkc\.a.gm" SHEILA N.HARTMAN Assistant Cit~ Cll'rk STEPII.·\:\IIE '1. "lOON. ('\\.Ie ¡\l"linJ.: Cil)" Clerk October 19, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on October 19, 2006, from the City of Roanoke, requesting the rezoning of property located at 4803 Williamson Road, N. W., identified as Official Tax No. 2170128, from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, upon certain conditions proffered by the petitioner. Sincerely, ~hJ.~o~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Darlen L. Burcham, City Manager 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 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOK1rT'iCLERK'OSC!CT i'3p!1Ø3:]9 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, NW" 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 such 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, The property will be developed in substantial conformity with the site plan prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated September 27, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 2. 2. The fire station will be developed in substantial conformity with the Exterior Elevations plan, prepared by Rodriguez Ripley Maddux Motley Architects and Cole + Russell Architects, dated October 2, 2006, a copy of which is attached to this Petition to Rezone as Exhibit 3, Attached as Exhibit 4 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 /15 day of October, 2006. By: Owner Darlene L, Burcham City of Roanoke 215 Church Avenue, S,W. Roanoke, VA 24011 Exhibit1 / ,/" "'". -' 0.", 0.". \,,9 ').\1" -' 0.", 0.". \'01 \1" '). \~'O ').\1" "'". -' 0.". ~ "'". -' So ~ ~ -' s. "'-, //« ,/ P{OPj!rtÇ !9 6~ ¡:œ:Or)ed/ / ,', / '/-v,ß'ò/ ' ').'/ /-. /...... 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" "'.~-. .~: ',_'-c- :....::-:~..:. ........ . .~. ------.- i I .:1' ;~~.:) µ::E~ "m ;,~ C'mi" ?'r m < ,» --l o Z II I' 11,11 I' iT.Tï¡' I~:~-II : I~_ -, I I I: L¡ I , :' : d..¡~ I I: , I ¡ II ' I~ II ,_, ',' ,I ' ' 1 ' _Ii-- ~ -~ , ~-0Ti'T , u- II , II ,.-1 I I I I : ~=;i~l I I: : U~I 'I: I ,III I I I' .--:---'L I I' ¡. ,) ,--;........j.- , ~ II II I :;!.!J I' " ~ I l ~ I ; : " ... ..-J I ' 'I ,II ,'I, 1111 I' I~II~-} " I¡- .....J_: II:', - ,,-' I'dl: " l:riL -17 ::11:; ~-(~-:~ ~ I --- '11\-1 _ ____ilL ,:.:-'_ ,1 ,;~'--~ ti '] II ,II " ..l1---' III, ,I "I' ¡r--~--l...! "I' II' " ,rf'-'-' II' " Ir'-~: II" II , II ::,ir -r:'" .I:~....l·' , : I' , , ' , , , ' : i , ~r, ... -, '" ~ ,~ ~ ~ ,. ~ ~ .- ~~ '" m a t~ » r 0 ~ mm I\) ~~ 2 ge¡m z 0 , ~ ~ ~ l!;0 O~ '" ....... zO a ¡n B" '" Ul:Il :$ < m a ¡Oz:! " Exhibit 3 (S).ì ~cn~ ~O --c ~--l~ ~Ii" :~m r m < ~ o z , , , , , , .1-., 3':':.'""'''''' , '!':,;:~':-¡<-': 'Z -----r""II ....~;~~~:;:; 0 "-" '~r,v,!:r-:::o--l~ ,_>zc, 2J -"oJ ~~~~;,~ 8 rn ,,'. "1 ~ ---, ~ :s:::: ~i~ ~~ :z: ;=.._.,=,~:;;: ::J:::>- ,-~ :;;;~ ~ ;, 'I, "I;;; ¡; ::II'r-' IIJ "I' T: II II ......------:' I:II '\1 .. Ii II :: : I i~ ' I "I ,,"'I .. I" ,,1,1: :1 :1 ' I ,~ ""C II I" ií'! II 1:11,1 ~~ if ",III II "," II' .111 I: II, ::11;: ::11"' ,¡;r..--l¡ 111'1; 11'1' ~~ Illi "I ,! ",III "'!I' " ¡:L--_ :: I : L_,--1i "I", "I', :1"" 1I1'Ii II ," II i II; ""r-- ",I' " ,- ' "III: ---. ::111; P 1,1 ," ::::::;:r- -, i I I I , I ..,I I :1',:: III I "1'1 ,II j II ~ ,II II~ ,--"'\"""11 I, I 'ILJ,:'I :;: I! - -; \1 / ",rl, I II ! "III: I I /'- ,," ,II "II: ,I ,i I· II' "II' ; II ' ::1 '7']-¡-I' 'I ;' ,,1::iU1' I, I I III I ': ,'I~ ,II í :: ~ I h ; 11/ --'--u' ~. :,.. fa ....,. i:1 " , ~ i ~. a ~ fUn ~ ~ ~ l ~ "~ ~. õ . < [ ~"f.1:: =: z n:- :::::;:::;: % ~:::.._.:::: ~ ~ ~..:.~ ~ - u: .~ > ª' '" -. :;: Tax No. 2170138 2170127 2170206 2280115 2170137 2170143,2170139 2170129 2170207 2170205 2170201 EXHIBIT 4 - Adjoining Property Owners Mailinq Address Thirty-Three East, Inc, p, 0, Box 2442 Staunton, VA 24402 Milton Santana, Jr. 3104 Birchlawn Ave., N, W, Roanoke, VA 24012 Barry R. Chitwood 3023 Birchlawn Ave" N, W, Roanoke, VA 24012 L, Edward & Nancy Poff 3339-3D Circle Brook Dr. Roanoke, VA 24014 XIAO JI QI and XIAO MEI YU 4821 Williamson Rd., N. W. Roanoke, VA 24012 Affordable Efficiency Inns" Inc, 5520 florist Rd., #30 Roanoke, VA 24012-1234 Ronnie L. Thomas 3103 Birchlawn Ave., N.w, Roanoke, VA 24012 Richard & Donna Dennis 3027 Birchlawn Ave,. N.w, Roanoke, VA 24012 Bill Norman Woody and Michael Lee Woody 400 Quicks Mill Rd, Verona, VA 24482 B N, & Nancy Woody 400 Quicks Mill Rd, Verona, VA 24482 2280114,2280111,2280156 2280110 Air-Lee Cleaners 4720 Williamson Rd" N, W. Roanoke. VA 24012 Juan & Marisella Aguirre 1329 W. Main St., #200 Salem, VA 24153 oP~ .~"j~--:A,\, .' ... ~ ¡¡),")M " '--~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S, W.. Rooll1456 Roanoke. Virginia 24011-1536 Tl'icpllClne: (:'40, S53-254I Fax: (540) ~5.1-1145 E-mail: clcrk@roanokcva.gov SHEILA 1'. IIARTMA'l Assistant City Clerk STEPII"~IE M, MOON, ole A,ç[ing City Clerk December 19, 2006 File #249 Ms. Paula Anselmo 637 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Anselmo: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 637 Mountain Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2006. Based upon evidence presented on December 18, 2006, Council voted to affirm the decision of the Architectural Review Board on October 12, 2006, and that no Certificate of Appropriateness be issued approving existing window to door replacement at 637 Mountain Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the doors are not of the same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building. Sincerely, ~M,~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Ms. Paula Anselmo December 19, 2006 Page 2 pc: Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development Lora J. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Anne Stuart Beckett, Agent, Architectural Review Board VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended, 1, Name of petitioner(S):~me.4 /J.!5ELMtJ . 2. Doing business as (if applicable): 3, 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborh~erlay District) of property(ies) which is the subject of this appeal: " Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: /¿::?-/¿;-¿::?6 5. 6, Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Re~ard (Section 36,2-330 if H-1 or Section 36.2-331 if H-2): " Description of the request for which the Certificate 0 Appropriateness was sought fr m t e Arc itectural Review Board: '?i '/.- 74(/ , "'7'I,c , '£.£-- ,- 7, 8. GroulJ,çls for a ß¿~ . .." ,. 9. WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted, Signature of Owner(s) Z;~ Name:-Æ.diJ Jl1t5e.lu () (print or type) Signature of Petitioner(s) or representative(s), where applicable: <IM-- Name: ÒH/P'I ##J'1r.(! (print or type) Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: R.";,,. byl!%~~ Date: !it 01 ft' r Public Hearing B-l.a. IN THE CITY COUNCIL OF ROANOKE CITY 1. Paula Anselmo and Keith Hummer reside at 637 Mountain Avenue, SW, Roanoke, Virginia 24016, which is located in the H-2 Historic Overlay District. Paula's mother is 85 years old, suffers from diabetes, has recently broken her hip, and needs assistance with her mobility. It is anticipated that Paula's mother and her 87 year old father will be moving from Massachusetts to Roanoke soon. The need for easy accessibility is most important as both parents have regularly scheduled medical appointments outside the home. This would require modifications to Paula and Keith's home. 2. While considering their options, Paula and Keith consulted the Architectural Guidelines for the H-2 District which suggested locating a handicapped ramp "at the rear or side of a building where there is direct access to parking areas". The neighboring property lines are too close to allow a ramp on either side of the building. The distance from the back door to the alley way in the back is over 90 feet. Roanoke police say they will ticket any vehicle double parked in the alley way. There is no legal parking available at the rear or sides of the house. 3. The American for Disabilities Act would allow a ramp to be constructed at the front of the house, along with an ADA compliant doorway. In order to meet code, this ramp would have to traverse back and forth in front of the house and would cost a tremendous amount of money. An installation such as this would have been counter to the Architectural Guidelines which advises "do not install a ramp that will obscure or damage important features of a building". 4. If an accessible ramp were to be build out back (as suggested by members of the ARB), a person must pass through an existing interior door opening that is only 31 inches wide to access the rest of the house. This door opening cannot be modified without renovating the entire kitchen. Uniform Federal Accessibility Standards state "doorways shall have a minimum clear opening of 32 inches". 5. Paula and Keith decide to create an accessible entry in the front of the house because parking was readily available; the travel distance was less than 30 feet and the front porch was covered. This modification was considered to be the least intrusive, most cost effective, and well within the guidelines of Virginia's Fair Housing Act, for "reasonable modifications". 6. In April of 2006, Paula and Keith install a 4'-0" wide, French door, in place of an existing 4'-0" wide window, removing only the portion of the wall below the existing window sill (approximately 16"). The work did not necessitate a separate building permit because no structural alterations were performed. The door installation was inspected by a city building inspector, as part of an open permit for general renovations to the property, 7. In October of 2006 the Architectural Review Board ordered the removal of the door because it violated the Architectural Guidelines of the H-2 Historic District. During the hearing it was pointed out several times by Mr. Hummer that the door installation represented a "reasonable modification" for handicapped access in accordance with state and federal laws. 8. The appellants refer Council to the enclosed copy of the Virginia Fair Housing Law 36-96.1 and the reference "handicap", "discriminatory housing practices" and "elderliness". The definitions of those terms are listed in the enclosed 36-96.1: 1. It should be noted Mr. Hummer reached his fifty-fifth birthday in February of 2006. The highlighted terms "aggrieved person" and "restrictive covenant" refer to terms used in other sections of the enclosed statute, 9. Please note the enclosure of 36-96.3 and the reference to "reasonable modifications of existing premises occupied or to be occupied by any such person if such modifications may be necessary to afford such person full enjoyment of the premises". 10. Code section 36-96.5 makes it "unlawful... for any person to coerce, intimidate, threaten, or interfere with any person.., protected by this chapter". 11. Code section 36-96.6 states "any restrictive covenant... purporting to restrict occupancy..,on the basis of... elderliness or handicap.., are declared to be void and contrary to the publiC policy of this Commonwealth". 12. The appellants also refer Council to the enclosed federal statute known as the National Fair Housing Act, 24 CFR 100.203 and 24 CFR 100.204 which is the basis for the Virginia laws, as well as US Code Chapter 45, Subchapter I, Section 3617. 13, The appellants have enclosed the "Accessibility" section from the Secretary of the Interior's Standards for Rehabilitation from which the city's Architectural Design Guidelines were modeled. Included is a copy to a link titled "Issue: Local Laws, Ordinances, and Regulations". The appellants would like to point out that unlike the federal standards; the city makes no attempt to deal with the "accessibility issue" or a "reasonable accommodation policy" in any of its literature. 14. Enclosed is a copy of a consent agreement from a court case, United States v. Colts Pride Homeowners Association, which sums up the appellants belief that their request is a fair and "reasonable modification". The appellants have been in contact with Mr. Kent Willis, of the Virginia Chapter of the ACLU, whose staff is reviewing their cause. 15. The appellants would like members of council to note the enclosure of a December 1, 2006 letter to Paula, from Kevin Earl, President of the Old Southwest, Inc. In it he states "your care for the place you live supports the Mission of Old Southwest and serves as an example for all to follow". While the majority of the ARB members live outside the Old Southwest it is interesting that the citizen's from within presented the award, even after being told about the door conflict. 16, The appellants pray that this council will weigh the evidence before it; that it will overturn the ruling by the ARB; and that it will agree that the French door will be accepted as a reasonable modification, so the handicapped and elderly of the household can have full enjoyment of the premises. PAULA ANSELMO KEITH HUMMER 637 Mountain Ave. SW Roanoke, Virginia 24016 540.400.7471 - U 1. II tlamps "' a~ : íS and Slairs A.CHItEClU..l DESIGII GUIDELINES FO. '"' H·t OIS'R'(1 ~-I~; - ~f:.,..-4'- O:::;I'{ .. ~1:'! ~'I.. ~..,~ ;~~ ~ ~¡ l ;",' I;¡' , I" .:.:..J' . _ to. '. --.. fr '~'"I ":'Í2J;i !it 1 "C I, ' " ;:.:'~·t'i;~·:·: '..~. , 't"---- - .~- . - .- . . . . ~~.. - . f.. Ram", 0"'" cu. be i"""""nmd i.1o III< sidf afo potrIr 'a Mot 'ignificantð1drilrdural dftoils /fIIIIJÍ. undirtulflld. Walks and steps lraditionally have been used In make a transition between public and private space and between areas of different elevation on a ,ile, Many older homu in Ihc H·2 OJ,mel have ,teps and a private walk linkIng Ihc po"'" or front door to the CilY sidewalk, sometimes with an additional sel of Sleps ir the house i& localed significantly above 'treellevel. Nnn-ruidenlial buildings and residences that have been converted to business use increasingly rely on ramps or mechanical devices to meet universal accessibility standards and codes, Alterations ro existing circulation systems and the provision of improved accessibility can often pose a eba1lcnge to the relention of a building's an:hilCCllU'lll eharncter, ~(wIk'U!.l1iro~oo Ù I I I' Walks and steps aftaften (haracleristicfeatures I of ° building and in relationship to a site, ! --------- .. - I '(arefully integratillg ramps or oth'erdevicesinto ' 'I' the existing desigll of a bui/iJillg can often ' improve it, accessibility while retairiing its I l architectural characrer. , ~ . I 1~æßìr!W I t I .: " · Recemmended actions or treatments are iudie.1ed by tI', · Actions or IrearmeDts not recommended and other warning. are indicated by )t, Retaining Existing Features tI' Identify and keep all important features of esiSling walks. ramps. and Slab.. such as: · materials . shape · railings . riscn and treads .. 0"1 r, 0 I 110 l H.O I I tI' Repair or replace ra1hcr than remove deterio- rated walks or steps. tI' Supplement ra1hcr than replace a building's ex.i5lÏng walks and steps when incorporating ramps and other additions in an effan 10 provide unIversal acœssibility. Walks tI' Additions to esisting walks should malCh Ihc original in: · materials · paving pattern · color . texture and finish . mortar joints /~ ~\1~ J " i j ¡ ! ;, , , ì i < ¡ ( ".:. J (¡ " 'I .( ..'f¡ ~ '. !...~ : :::; ~:. "", . ~' It using dilfmnt WYJIInoay mollrial, Us< simUor ma/tJlaIs whtll txItfIding a walk. fI' Use materials that will provide an even, paved surface, Appropriale paving materials for the historic district include: . hrick . finished concrete . decorative pavers and flagstone . : :",.:,:~ .\....... ,I '., ~ . ~.~ ...:l.. '.;. . ,,:" '~'.. . :.'i>~~ : . 7i'~) "'"i"" ,- !IT[~GO' ì~ µ..~ 'J ,I ~,!- r----!I' I ~jU ,q. '"""",- -<r.;:;;;.';rn~ IIIII~; 11-"' IJrId¡ poorn f.~\t';l'li~\r.¡;J ~(.! ~V"l<I,~~~~" Iq~~~ ~~\~ flagl/on. " Apprapriat. paving moterlols 'or walla. dtrarOtivr parers .... :. : ,.. ~~o( ~ ~ ';':'!:.-f " . ..: "0:.., '. .;' .' ~.. ..' i' I., . ~., ". ¡ .\.' , ,^ DHlNITIDNS ß.1luuen. ^ ~eric~ nf 'flOrl. Vl'rtjr.lim,nifltor"halulprIOlI ,llldnlh.)il. BaluU,.ade. An ~nlill' r.liin~ 'Y\tf'lT1. in'h:din~ hitndrðíl. 1)dlu~I('I~ dntl bC!lIom lall. Repoinl. 10 rl'J,llIIu' dct(lriol.llCd rThlfl.1I in rlu! ioinls brtwpl'n !Jrilhorm.lSOlll)·llnín. Riler. UI\! MaId mal rOHm ¡hE' ~"(Irric.1' lace 01 J ~I('{l, Spalling. Jhe tla~'ing 01 m.nClIIIY ¡u!:'rohOSl.dll;!mÎ(JI f'!Jclion,(1 buildmq movement. r...d. The board lhat Iann. the horizontal pan of .lIep, .. , f?Sh~I~jr~¡ ''-'l'r,l ..,:... :"~" <": 1 '. JtcOndíJ1Y walk I "r "1 1';"1',;, .." I I I. ,""" 'i.' ,"-.., ~~s:."-~" .. I' -_.~_._--- I , I"~ I·~·,' .~:\ ';':"'l- ,~,,' flOlJlWI1R ---J_~"':"':'~ .~....::.:.: -! i-- public sidm-oli .;..,.....:..,.:.-=.:-...:::.:¡:::.r~-:~.Jc: Res/lltnNal wain may include the public iidtwalt a ""'" walt and a s«ondary walk. handicapped romp \ 'tcandary walk < ironlwalk public sidtwalk , BulÍnes. waliø 01.0 indullt 1M public .Id..../k, a primary walt ""'ndary waliø IIllh. paning lot 0....,1 a. handicapped rom». tI' The locotion of a new walk should reflecl fOIl' b'8ffic paltCms.1ÿpically a walk will COMcc'1hc front door with a parkiog area or the øidcwalk in fronl. tI' New walkways should be compatible witb the aschhccblral characrer of the house and ils setting with reJipect to: · materials . color · scale . grade tI' Restore uneven walkA to level condition by: adding fill material where 5Cttling ha.'i occuncd · resolving drainage prublcDlI duu. conuibule to frost heaving · shaving or removing minor tree root'i that cause heaving · relocaúng or diverting the walk to avoid major tree roots " Do not locale walks close '0 large trees with COO.. that may displace paving materials. Ramps tI' Check building code for requirements on ramp slopes, handrail oc baJUSlmde heights, landings. and the spacing of balusters. e(.,Locale mmps at the cear,oi side of a building . wIJere,tIIl:æ,j¡¡ din:clllCCCS8lO parking,.""",.. , lDcaIr TClRIfIlIll thew, Dr_of a building. tI' Locale ramps to avoid damaging or deStroy- ¡ng importantlandsea"" elemen... such as mature trees. tI' Malee camps and railing' simple and incon- Rpicunus. using malerials that are compatible with the building but that do not dupJicale i.. aschirecblral design, ".Do not instalr....mp lhut,wiU'ObsctJrc:Œ1 ,damagc'imponandeatures of,a,buildiog. I ' I' 'tl~I¡Ul1r ~rt¡'i':¡¡if! \-0:>_ 1''::: .l!J] 'l!Jlli, ¡ili¡¡ih~(.,- --:- .t?ti nt¡" .lJ:'-.-.:::·:i:.:::::....;:,;;".,::..;.-,-~ '.I'i''; r" ~ .......t_~·_:~··........·J·_~.:~:1 ~_~ ........i..__ ~J... ."'~~ -------- When passibl.. mate ramp. remarabl. lðlhdt a building am be retumed 10 /fJ CClrlitr opfJCClron../fI/Jull11¡I'ä DD /øøgrt. ..tfd" I . Stain tI' Make new or repl8Clmen' stairs that relate to walkways .nd .re compatible in width and materials. Stain that relate to a porch should be compatible in their materials and paint colors and ~hould have H width that relalei to (he dimension between .djacenl porch columns. II' Use materials that are in character with historic properties when installing new stairs, such 85: . wood . brick . concrete tI' Design secondary stairs to be Ð.5 inconspicu· ous as possible and locate at the rear or least visible side of a building. ~.- r---=.-= i~f! w~~7 ::.~ . ¡ I' WI >:-':"è~'fiUll!l¡fi1J1 ~~j'l~ ',ïrl ,:J.h-, " ::.siJ'il j~,:,;¿'~j t- ~ I I I , , I J ¡ I -~ Alpirol.ra/reas.. 11IlIInJp/ClJoUl/y IDrD/eII, moy CDn2TVr space and provide anolher ../1, -- .- - - :: :.. -:. '-:. - -~.~...,..-:--' "'.' ~'. "~ ..... , ,,_ .,."...-'.......'~___._ ' --_- --j~l~ - ~_ _....__.._" ..,~_.. ,-. ~[~"l' ,- ~ - -' '" .. :. ;. :,' II )-:;: - - -- 'L ._ _ _ i¡ -' -' - - -, - \, :.-:- ..:.¡qD\':"'· -. -- -.:f( ~ _,.n ";'6-....::;:",' -_-- -- '":. -T,':' L:.: " '¡ ,-- - - - - - - £ ,~ .., - -.. ':.' "':.. - - -- ....... ~,._-,-~.''':' ,.. -,...".::: ,- ,- ,C ---.:-..:....::... -= ' - .' ....,....- - ..... ."',- -- - - .,~'" < . . ,,8.. 1liõ o ~.".' V.,: ~.." ~... :~. ..~, t , " \ ....~:: o ~ . -'t" I, ' ~ .," f" !~ ".'·°0" ¿..., " ' :.' ',0' '- .' r..<'.f.' "f;" I " ......::.._\ ,)J,'y,' " ; J..r......... ..~ ~J \" I'" .." .. -...r " ..... -, '-.. ~I -, ',.' (-~..(-.... .~.,. ': o I I I , I ; I i I i I I I I I I UNIFORM FEDERAL ACCESSIBILITY STANDARDS Page I of2 4.13 DOORS. 4.13.1 GENERAL. Doors required to be accessible by 4.1 shall comply with the requirements of 4.13. 4.13.2 REVOLVING DOORS AND TURNSTILES. Revolving doors or turnstiles shall not be the only means of passage at an accessible entrance or along an accessible route. An accessible gate or door shall be provided adjacent to the turnstile or revolving door and shall be so designed as to facilitate the same use pattern. 4.13.3 GATES. Gates, IncludIng ticket gates, shall meet all applicable specifications of 4.13. 4.13.4 DOUBLE-LEAF DOORWAYS. If doorways have two independently operated door leaves, then at least one leaf shall meet the specifications in 4.13.5 and 4.13.6. That leaf shall be an active leaf. 4.13.5 CLEAR WIDTH. Doorways shall have a minimum clear opening of 32 In (815 mm) with the door open 90 degrees, measured between the face of the door and the stop (see fi9,_24C!!l, L!ù, (!'), and (!ll). Openings more than 24 In (610 mm) in depth shall comply with 4.2.1 and 4.3,3 (seel:ig.-1~!tl), EXCEPTION: Doors not requiring full user passage, such as shallow closets, may have the clear opening reduced to 20 In (510 mm) minimum. 4.13.6 MANEUVERING CLEARANCES AT DOORS. Minimum maneuvering clearances at doors that are not automatic or power-assisted shall be as shown in f,i,g,_~5. The floor or ground area within the required clearances shall be level and clear. Entry doors to acute care hospital bedrooms for In-patients shall be exempted from the requirement for space at the latch side of the door (see dimension "x" in 1";,g.-'l5) If the door Is at least 44 In (1120 mm) wide. 4.13.7 TWO DOORS IN SERIES. The minimum space between two hinged or pivoted doors in series shall be 48 In (1220 mm) plus the width of any door swinging Into the space. Doors In series shall swing either in the same direction or away from the space between the doors (see flg. 2l!), 4.13.8* THRESHOLDS AT DOORWAYS. Thresholds at doorways shall not exceed 3/4 In (19 mm) in height for exterior sliding doors or 1/2 in (13 mm) for other types of doors. Raised thresholds and floor level changes at accessible doorways shall be beveled with a slope no greater than 1:2 (see 4.S.2). 4.13.9* DOOR HARDWARE. Handles, pulls, latches, locks, and other operating devices on accessible doors shall have a shape that Is easy to grasp with one hand and does not require tight grasping, tight pinching, Or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. When sliding doors are fully open, operating hardware shall be exposed and usable from both sides. In dwelling units, only doors at accessible entrances to the unit Itself shall comply with the requirements of this paragraph. Ooors to hazardous areas shall have hardware complying with 4.29.3. Mount no hardware required for accessible door passage higher than 48 In (1220 mm) above finished floor. 4.13.10* DOOR CLOSERS. If a door has a closer, then the sweep period of the closer shall be adjusted so that from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3 In (7S mm) from the latch, measured to the leading edge of the door. 4.13.11* DOOR OPENING FORCE. The maximum force for pushing or pulling open a door shall be as follows: (1) Fire doors shall have the minimum opening force allowable by the appropriate administrative authority. (2) Other doors. (a) exterior hinged doors: (Reserved). http://www,access-board,gov/ufaslufas-htmllufas,hun 1011 6/2006 UFAS Figure 24(a) Page I of I Figure 24(a) Clear Doorway Width and Depth Detail Return to F¡g!lr~J;"~~x http://www,access-board,gov/ufaslufas-htrnllfig24a,htrnl 10/1612006 LIS> Code of Virginia> 36-96, I Page 1 of I p[eyiou_~ I nex.! § II'L-_!1.l1..)" Declaration of policy, A, This chapler shall be known and referred to as the Virginia Fair Housing Law, B. It is the policy of the Commonwealth of Virginia to provide for fair housing throughout the Commonwealth, to all its citizens, regardless of race, color, religion;,nationaL:origin,.sex"e1derliness, familial status, or handicap, and to that end,to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity, and general welfareofall the inhabitants of the Commonwealth may be protected and insured, 'I'liis-Iaw slïall'be'deemed'an exercise of the police power of the Commonwealth of Virginia for the protection of the people of the Commonwealth: (1972, c, 591, §§ ~9_-86. 36-87; 1973, c, 358; 1978, c, 138; 1989, c, 88; 1991, c, 557.) 1!~!'!Ij!!,!!,! I ne~ I Q,l!-,'c,!ear_cl1 I ~a,"le_oJ_c!!.'1~!''1,t.'! I 110m!! hnp://Ieg 1 ,state, va,uslcgi-bin/legp504,exe?000+cod+ 36-96,1 10/12/2006 Legislative Infoonation System Page I oq § 36-96.1:1, Definitions, For the purposes of this chapter, unless the context cleerly indicates otherwise: "Aggrieved perSon" means,any,person.who (i)claims to have,been injured by a discriminatolY housing practice or (ii) believes that 9uch,person will be injured by a discriminatolY houslng'practice that Is about to occur, "Complainanf' means a person, including the Fair Housing Board, who files a complaint under § 36-96,9, "Conciliation" means the attempted resolution of issues raised by a complainant. or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, their respective authorized representatives and the Fair Housing Board, ''Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation, "Discri~inatory housing practices" means an act that is unlawful under §§ 36-96,3, 36,96.4. 36-96.5, or § 36-96.6~ "Dwelling" means any building. structure. or portion thereof, that is occupied as. or designated or intended for occupancy as. a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. "Erder1iness"'møans an individual who'has attained his fifty"fifth birthday, ; "Familial status" means one or more individuals who have not attained the age of 18 years being domiciled with (i) a parent or other person having legal custody of such Individual or individuals or (ii) the designee of such parent or other person having custody with the written permission of such perent or other person, The term "familial stetus" also includes any person who is pregnant or is in the process of securing legal custody of any Individual who has not attained the age of 18 years. For purposes of this section. "in the process of securing legal custody" means having filed an appropriate petition to obtain legal custody of such minor In a court of competent jurisdiction, "Family" includes a single individual, whether male or female, "Handicap· means, with respect to a person, (i) a physical or mental impairment that substantially limits one or more of such person's major Ute ectivities; (ij) a record of having such an impairment; or (iii) being regarded as having such an impairment The term does not include current. illegal use of, or addiction to a controlled substance as defined in Virginia or federal law. Neither the term "individual with handicap" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite, "Lending institution" includes any bank, savings institution, credit union, insurance company or mortgage lender, "Person" means one or more individuals, whether male or female, corporations. partnerships. associations. labor organizations, fair housing organizations, civil rights organizations. organizations, governmental entities, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy. receivers and fiduciaries, "Respondenr means any person or other entily alleged to have violated the provisions ofthis chapter, as stated in a complaint filed under the provisions of this chapter and any other person joined pursuantlo the provisions of § 36-96,9, ·Restrictive covenant· means any specification in any instrument affecting title to real property that purports to limit the use, occupancy, transfer, rental, or lease of any dwelling because of race, color, religion, national origin, sex, elderliness, familial status, or handicap, "To renl" means 10 lease, 10 sublease, to leI, or otherwise 10 granl for consideration Ihe righllo occupy premises not owned by the occupant. (1972, c, 591, § 36-87; 1973, c. 358; 1978, c, 138; 1989, c, 88; 1991, c, 557; 1992, c, 322; 1996, c, 77: 2003, c, 575,) http://legl,state,va,uslcgi-binllegp504,exe?000+coh+ 36-96,]:] +400342 12/13/2006 , LIS> Code of Virginia > 36-96,3 . , Page I of~ P...r.!~:!':IÇlJL!:? I next § ,~,I?,-,96,3 Unlawful discriminato))' housing practices, It. It sliall be an unlawful discriminatory housing practice for any person¡ I, To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or othelWise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, elderliness, or familial status; 2, To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in the connection therewith to any person because of race, color, religion"national origin, sex, elderliness, or familial status; 3, To make, print, or publish. or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation or discrimination based on race, color, religion, national origin, sex, elderliness, familial status, or handicap. The use of words or symbols associated with a particular religion, national origin, sex, or race shall be prima facie evidence of an illegal preference under this chapter which shall not be overcome by a general disclaimer. However, reference alone to places of worship including, but not limited to. churches, synagogues, temples, or mosques in any such notice, statement or advertisement shall not be prima facie evidence of an illegal preference; 4, To represent to any person because of race, color, religion. national origin, sex, elderliness, familial status, or handicap thatany dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; 5, To deny any person access to membership in or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the tenns or conditions of such access. membership, or participation because of race, color, religion. national origin, sex, elderliness, familial status, or handicap; 6, To include in any transfer, sale, rental, or lease of housing, any restrictive covenant that discriminates because of race, color, religion, national origin, sex, elderliness. familial status, or handicap or for any person to honor or exercise, or attempt to honor or exercise any such discriminatory covenant pertaining to housing; , ¡ , i i I I I i I I , ! I 7. To induce or attempt to induce to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sex, elderliness, familial status, or handicap; 8, To refuse to sell or rent, or refuse to negotiate for the sale or rental of, or othelWise discriminate or make unavailable or deny a dwelling because of a handicap of (i) the buyer or renter, (ii) a person residing in or intending to reside in that dwelling after it is so sold, rented or made available. or (iii) any person associated with the buyer or renter; 9, To discriminate against any person in the tenns, conditions, or privileges of sale or rental of a dwelling, or in the provision ofscrvices or facilities in connection therewith because ofa handicap of (i) that person, (ii) a person residing in or intending to reside in that dwelling after it was so sold, rented or made available, or (iii) any person associated with that buyer or renter. B': For the purposes of this section, discrimination includes: (i) a refusal to pennit, at the expense of the handicapped person, reasonable modifications'of existing,premises occupied:or,tobe occupied.by.any..person:if such,modificatiollS may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord http://legl,state,va,us/cgi-bin/legp504,exe?000+cod+ 36-96,3 12/13/2006 LIS> Code of Virginia> 36-96,5 Page I of I l!Leyi!,us I ne~! § llic.%.5. Intelierence with enjoyment of rights of others under this chapter. It shall be an unlawful discriminatory housing practice for any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on the account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter: (1972, c, 591, § 36-93; 1973, c, 358; ]991, c, 557,) pr.e,vh!J1,S, !\e¡¡!; I ,n!!..w search I tabl~f CI!!I~~-,!.t,s,1 !!.OI11!! http://lcgl,state, va,us/cgi -bin/l egp504, exe?OOO+cod+ 36-96,5 10/12/2006 LIS> Code of Virginia> 36-96,6 Page 1 of I pr~,viºu~ I Q~X\ § 36-96"§, Certain restriclivc covenanls void; instlumcnts cOlllaining such covenants, A, Any restrictive covenant and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, sex, elderliness, familial status, or handicap, whether heretofore or hereafter included in an instrument affecting the title to real or ]easehold property, are declared to be void and contrary to the public policy of this Commonwealth.. B. Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same ifit includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mOltgage, or otherwise deal with such property, C, No person shall solicit or accept compensation of any kind for the release or removal of any covenant or reversionary interest described in subsection A. Any person violating this subsection shall be liable to any person injured thereby in an amount equal to the greater of three times the compensation solicited or received, or $500, plus reasonable attorneys' fees and costs incurred, 0, A family care home, foster home, or group home in which physically handicapped, mentally ill. mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single family when construing any restrictive covenant which pUJports to restrict occupancy or ownership of real or leasehold property to members of a single family or to residential' use or structure, (1972, c, 59], § 36-91; ]973, c 358; 1986, c, 574; 1989. c, 88; 199]. c, 557; 1998. c, 873,) PJevi,!-,!!,!! I ,!!"x~ I '!ew search I tableof.com!,.nJ!! I ""m!'l , j ¡ I I I I I , ! ! ! i I hllp:llleg] ,state, va, us/cgi -binll egp504, exe?OOO+cod+ 36-96,6 10/] 2/2006 , National Fair Housing Advocate Online " / ' ~ ~ News Archive' Old Headlines Press Helpi15p.s Print Advocate Action Alerts ,-Legal Research' C(lse Database Recovery Databcl~t? HUD Settl~lllellts . Stiltllte~ t1l1d Regs Articles HUD Resources Resources' Get Help Neilr You Events .lob Listilu=-,s . Links ßook Club Sponsors Discussion' f\~essilg~ FOrtll115 The GlIl~st ROOf) Page I of2 A project of the Tennesslffl, F.lr Housing Council National Fair Housing Advocate Online NFHAO Home I about NFHAO I forums contact us searcll: go f.p..nn:h HUD Regulilhons (I/lly o QO to advc1I'\ced seard, < SI!<l1 ell rHIll, <: 24 CFR 100.203 Reasonable modifications of existing premises Home > LegaI.Res~,,,r~h > I:tl,ll? Regulations Next I ~~eviº,us I Index (a) It shall be unlawful for any person to refuse to permit, at the expense of a handicapped person, reasonable modifications of existing premises, occupied or to be occupied by a handicapped person, If the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premlses"of a dwelling, In the case of a rental; the landlord may, where It Is reasonable to do so, condition a modlftcatlon'to the condition that existed before the modification, reasonable wear and tear excepted, The landlord may not Increase for handicapped persons any customarily required security deposit, However, where It is necessary In order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The Interest In any such account shall accrue to the benefit of the tenant, (b) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained, (c) The application of paragraph (a) ofthls section may be Illustrated by the following examples: Example (1): A tenant with a handicap asks his or her landlord for permission to install grab bars In the bathroom at his or her own expense, It is necessary to reinforce the walls with blocking between studs In order to affix the grab bars, It Is unlawful for the landlord to refuse to permit the tenant, at the tenant's own expense, from making the modifications necessary to add the grab bars. However, the landlord may condition permission for the modification on the tenant agreeing to restore the bathroom to the condition that existed before the modification, reasonable wear and tear excepted, It would be reasonable for the landlord to require the tenant to remove the grab bars at the end of the tenancy. The landlord may also reasonably require that the wall to which the grab bars are to be attached be repaired and restored to Its original condition, reasonable wear and tear excepted. However, It would be unreasonable for the landlord to require the tenant to remove the blocking, since the reinforced walls will not Interfere In any way with the landlord's Dr the next tenant's use and enjoyment of the premises and may be needed by some future tenant. Example (2): An applicant for rental housing has a child who uses a wheelchair. The bathroom door In the dwelling unit Is too narrow to permit the wheelchair to pass, The applicant asks the landlord for permIssion to widen the doorway at the applicant's own expense, It Is unlawful for the landlord to refuse to permit the http://www.fairhousing.com/index.cfm?method=page.display&pagename=regs_ flu,_] 00-", 101] ] 12006 National Fair Housing Advocate Online News Archive' Dlel -eildljl1e~ Press R.elcd50cs Print AdvoCilte Action Alerts ,-Legal Research, Case Dilti:tIJi1SP. Recover\' Di1tilbi:l[.e HUD Sp.tt1f.:l1lents . Statutes rll1(1 Regs Alticles HUD Re<;,olln:es Resources· Get Help Neill' VOt! Events Job Listings. Links Dook Clul) 5pnnS(¡15 Discussion· Me.c, s,'Çl€ Fnnllll':i The GUEst Room Page] of 1 A proJed of the Tennessø@ Fair Housing Council National Fair Housing Advocate Online NFHAO Home I about NFHAO I forums I contact us sp..ln:h: go Sei'"Cll IHJD Regut;!tioll!õ 0111-,. o (1<' to 'Hiv<ll1c.ed 'i",¡:llõ;h <: s~arcb helll -:: 24 CFR 100.204 Reasonable accommodations Home> Legal,Res,earch > HUD_Regulations N.ext I ~J:.e'y'i.o.q~. I Ind~x (a) It shall be unlawful for any person to refuse to make reasonable accommodations In rules, policies, practlces, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, Including public and common use areas, following examples: Example (1): A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog, The building has a no pets policy, It is a violation of Sec, 100,204 for the owner or manager of the apartment complex to refuse to permit the applicant to live In the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling. Example (2): Progress Gardens Is a 300 unit apartment complex with 450 parking spaces which are available to tenants and guests of Progress Gardens on a first come first served basis. John applies for housing In Progress Gardens. John Is mobility Impaired and is unable to walk more than a short distance and therefore requests that a parkIng space near hIs unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of Sec. 100,204 for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park In a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore Is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation Is reasonable because It Is feasible and practical under the circumstances. Next I ~r~evioJls I Index hllp:/Iwww.fàirhousing.com/index.cfm?method=page.display&pagename=regs_,fur _] 00-,., ] 0/11/2006 National Fair Housing Advocate Online News Archive' Old Headlines Press R~I~<lses Prillt Advocilte Action Alert:; Page 1 of I A project of the Tennessø@ Fair Housing Council National Fair Housing Advocate Online NFHAO Home I.about NFHAO I forums I contact us search: go s.earch FHA only 0 Ç/o to adv<lnced semch oC st:!arci; 11~~lJ <. US Code Chapter 4S - Fair Housing - Subchapter I, Section 3617 H~me > Legal"R".s.earch > "HA C;¡se Dêlta/)¡)Se I~ecovery Dat.1base ,-Legal Research, § 3617: Interference, coercion, or Intimidation. It shall,be unlawful to,coerce, intimidate, threaten, or Interfere, with any person,ln the exercise or. enjoyment, of, or on account of his having exercised' or enjoyed, or on account of his having' aided or encouraged any other person In the'exerclse'or enjoyment of, any rlght,granted , .or, protected, by section 36,03, 36~, 36Q~, or 3606 of thls,tltle. HUD Settlements St,1tutes: ctlld Rl':'gs Articles HULl Resources Resources' eel Help Near You Events .lob Listjll~ls Links Book Club Sponsors Discussion' ¡'1essilqe Forums. The. GlI~Sf: Room ---- ----- ---- - ---- ---- -- ---- ---- --- - - ---- - ----. --. --- http://www.fairhousing.com/index.clìn?method=page.display&pagename=FHA _ 3617 i ¡ 10/12/2006 . . The SecretaI)' of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R.., Page) of 2 I Considerations ....Accessibility Identify. retain and preserve recommended..... -----.-----. Identifying the historic building's character defining spaces, featur"s, and finishes so that accessibility code- requir"d work will not result in their damag" or loss. National Park Service I -- - , ¡HPS SIIIIlIIrlII Gl*IIIrIII ' lIaIonry Waod IIIlalI , IloofI WIncIow ~' SlMfnW ' SInA:CIøaISplrlmI , ¡ SP*8ll'~nIshoIl' IIecIlInIcal sptDma , " ) SJtø I ......... ' _flil ¡ I Energy ,j NewAddJIIans AcceIIlllillty HaIlhISaIIIy, " ..--t 0- --'''1 ~:~ Accessibilit .#,,~~. . ;..... . ~-.-.._-.._. . l It is otten necessary to '! make modifications to a . I historic building so that it ,I wilrbe in compliance with J current accessibility code , ' requirements. I Accessibility to cMain historic structures is ,¡ required by three specific ¡ federal laws: the Architectural Barriers Act of 1968, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, Federal rules. regulations, and standards have been developed which provide guidance on how to accomplish access in historic areas for people with disabilities, Work must be carefUlly planned and undertaken so it does not result in the loss of character-defining spaces, features. and finishes, The goal is to provide the highest level of access with ; '! the lowest level of impact. I , ¡ i I I I I I I I I , , I Note: Although the work in this section is quite often an important aspect of rehabilitation projects, it is usually not part of the overall process of preserving character-defining features (identify, protect. repair, replace): rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, partiCUlar care must be taken not to obscure, radically change, damage, or deslroy characler-defining features in the process of rehabilitation work to meet accessibility requirements, .. Complying with barrier-free access requirements, in such a manner that character- defining spaces, features, and finishes are preserved. Compatible lift for historic 'oyer using "like" materials. http://www.cr.nps.govlhps/tps/tax/rhb/acccssO).htm 1 0/7/2006 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R.., Page 2 of 2 Working with local disability groups, access specialists, and historic preservation specialists to detennine the most appropriate solution to access problems. Providing barrier-free access that promotes independence for the disabled person to the highest degree practicable. while preserving significant historic features. "., Designing new or additional means 01 access that are compatible with the historic building and ils setling. Historic thr';h;¡d~;;;~d;' accessible with 1/2" wood bevel. 5- Entrance made accessible by adding InconspIcuous ramp. not recommended..... Undertaking code-required alteration betore identifying those spaces, features, or finishes which are characler-defining and must theretore be preserved, Altering, damaging, or destroying characler-defining features in attempting to comply with accessibility requirements, Making changes to buildings withollt first seeking expert advice from access specialists and historic preservationists, to determine solutions, Making access modifications that do not provide a reasonable balance beiWeen independent. safe access and preservation of historic features, Designing new or additional means of access without considering the impact on the historic property and its setting, Large wood ramp incompatible with building's historic character. . I Home I Next I ~reviolls http://www.cr.nps.gov/hps/tps/tax/rhb/accessO¡.htm . i i I I , i , i I 1017/2006 Issue: Local Laws, Ordinances, and Regulations Common Problem: City governments may fall to consider reasonable modifications in local laws, ordi- nances, and regullitions that would avoid discrimination against Individuals with dis- abilities. Result Laws, ordinanccs, and rcgulations that appear to bc ncutral ollen adversely impact individu- als with disabilities. For example, where a municipal zoning ordinance rcquircs a set-back of 12 fcct from the curb in the central busincss district, installing a ramp to cnsurc acccss for people who use whcelchairs may be impermissible without a variance from thc city. Pcoplc with disabilities are thereforc unable to gain access to businesses in the city. Requirement: 'City governmcnts are required to make reasonablc modifications to policies, prac- tices, or procedures to prevent discrimination on the basis of disability. Reasonable modifi- cations can include modifications to local laws, ordinances, and regulations that ad- verllely impact people with disabilities. For example. it may be a reasonable modification to grant a variance for zoning requirements and sctbacks, In addition, city,governments may consider granting exceptions to the enforcement of .'cnain laws as a form of reasonable modification, For example, a municipal ordinance banning aoimals from city health clinics may nccd to be modificd to allow a blind individual who uses a service animal to bring the animal to a mental health counseling session. 28 C.F.R. § 35.130(b )(7). Issue: 9-1-1 Systems City zoning policies wero changed to permit lhili business to install a ramp at its onlranco. Common Problem: City governments do not provide direct and equai access to 9-1-1 systems, or similar emergency response systems, for individuals who are deaf or hard of hearing and use TTY's (TOO's or text telephones) or computer modems. Result: Pcople who arc deaf or hard of hearing, or those who have speech impairments, and use TTY's or computer modems for telephone communication are unahle to access emergency services (police, fire and ambulance) that arc occessary for health and safety. Wheo direct emcrgeocy serviccs arc not available, emergency calls for individuals with disabilitics arc not respondcd to appropriately, or in a timely manner, and in some instances, not at all. 7 CaBe Summaries-Department of Justice-Civil Rights Division-Housing and Civil Enforcement Section Page 1 of 1 United States v. Colts Pride Homeow~ers Association, et al. (D.N.J.) On October 7, 2003. the Court entered a ConscntDecree resolving UlliredSlales v, C()I1~~ Pride HOII/eowller A.\:mcialÙm. el al. (D.N,J.), Tlie Comp-Iaint, filed on January 28, 2002, alleged the defendants discriminated on,the basis of disability in violation of the Fair Housing,Act when they failed to make a reasonable accommodation requested by the homeowner allowing him to place a window air conditioning unit in his home, The homeowner suffers trom pulmonary asbestosis, asbestos-related pleural disease, and chronic "irritative" bronchitis, Under the Decree the defendants are required to: implement a reasonable accommodation policy: install and maintain a ductless air conditioning system as long as the HUD complainant owns his home; and pay the complainant $15,000,00 in damages, The consent decree will remain in effect for two years and sixty days, ' The case was referred to the Division after the Department of Housing and Urban Development (lIUD) received a complaint, conducted an investigation and issued a charge of discrimination, hllp :llwww.usdoj.gov/crtlhousing/documents/casesummary.htm 10/12/2006 Colts Pride Complaint Page I of3 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA, Plaintiff, v, COLTS PRIDE HOMEOWNERS ASSOCIATION; BRYAN SChEFF; UNITED PROPERTY MANAGEMENT, INC,; MICHAEL POGORKELSKY Defendants, mMPLAINT The United States of America alleges: I, This action is brought by the United States on its own behalf, and on behalf of Louis Scafuri and Lyudmi1a Scafuri Gerasimova pursuant to Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 u.S,C. §§ 3601 ~ ~e_q, 2, This Court has jurisdiction over this action under 28 U,S,C, § 1345 and 42 U,S,C, § 3614, 3, Defendant Colts Pride Homeowners Association (the Association) represents the homeowners at Colts Pride, a development consisting of250 single-family homes in Freehold, New Jersey, It is incorporated and has its principal place of business in the judicial District of New Jersey, 4, Defendant Bryan Scheff is a resident in the judicial District of New Jersey and is the President of the Association, 5, Defendant United Property Management, ¡nc, is a New Jersey corporation doing business in the judicial District of New Jersey and is the managing agent for defendant Colts Pride Homeowners Association, 6, Defendant Michael Pogorkelsky is a resident in the judicial District of New Jersey and is employed by defendant United Property Management, Inc, as the managing agent for defendant Colts Pride Homeowners Association, 7, Louis Scafuri (Scafuri) and Lyudmila Scafuri Gerasimova (Gerasimova) are husband and wife, In September 1998, Scafuri and Gerasimova purchased a single-family home in Colts Pride at 40 Citation Drive, Freehold, New Jersey, This residence is a dwelling within the meaning of the Fair Housing Act, 42 u.S,C, § 3602(b). 8, Mr, Scafuri has pulmonary asbestosis, asbestos-related pleural disease, and chronic "irritative" bronchitis, These conditions severely restrict his ability to breathe and interfere with his mobility, Mr. Scafuri is handicapped witlJin the meaning of the Fair Housing Act, 42 U,S,C, § 3602(h), 9, During the summer of 1999, to help alleviate the symptoms of his disability, Mr. Scafuri installed a window air http://www.usdoj,govlcrt/housingldocumentslcoltscomp,hun 10/12/2006 Colts Pride Complaint Page 2 of3 conditioning unit (window unit) in his home to supplement the central air conditioning unit. 10, Defendants informed Mr, Scafuri that window units were prohibited by the Association's by-laws and his window unit must be immediately removed, The by-laws cited by defendants state that the Board of Trustees has the authority and obligation to assure that Colts Pride at Freehold will always be mainlained in a manner: A. providing for visual harmony and soundness of repair; 2, avoiding activities deleterious to aesthetic or property values; 3, furthering the comfort of the Homeowners, their guests, invitees and lessees; and 4, promoting the general welfare and safety of the community. 11. Mr. Scafuri informed defendants that because of his disability, he needed supplemental air conditioning in his home, Mr, Scafuri requested an accommodation to the Association's rules in order to be able to breathe and walk more easily, 12, On or about August 27, 1999, defendants denied Mr. Scafuri's request for a reasonable accommodation and on September 1, 1999, began assessing fines against Scafuri and Gerasimova's account. 13, On or about June 16, 2000, Louis Scafuri filed with the Department of Housing and Urban Development (HUD) a timely complaint on behalf of himselfpul"Sl!ant to Section 810(a) of the Fair Housing Act, as amended, 42 U.S,C, § 3610(a), On or about September 5, 2000, his complaint was amended and his wife, Gerasimova, was added as a party, The complaint alleges that defendants have improperly refused to grant Mr, Scafuri a reasonable accommodation necessary to allow Mr, Scafuri equal opportunity to use and enjoy a dwelling, 14, As required by Section 81O(a) and (b) of the Fair Housing Act, as amended, 42 U,S,C. §§ 361O(a) and (b), the Secretary ofHUD (hereinafter the "Secretary") has conducted an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report, Based on the information gathered in this investigation, the Secretary, pursuant to 42 U. S, C, § 361 O(g)(I), has determined that reasonable cause exists to believe that a discriminatory housing practice has occurred, Therefore, on August 2,2001, the Secretary issued a Charge of Discrimination pursuant to 42 V.S,C, § 361O(g)(2)(A), charging defendants with engaging in discriminatory practices in violation of Section 804 of the Fair Housing Act, as amended, 42 U,S,c. § 3604, 15, On August 21,2001, defendants elected to have the charges resolved in a federal civil action pursuant to 42 U,S,C, § 3612(a), 16, By requesting that defendants allow him to install a window unit, Mr, Scafuri sought an accommodation that was reasonable and necessary, on account of his handicap, to afford him an equal opportunity to use and enjoy a dwelling, By refusing to grant the requested accommodation, defendants have violated 42 U.S.C. § 3604(t)(3) (B), 17, Scafuri and Gerasimova are aggrieved persons and have suffered damages as a result of defendants' conduct as described herein, 18. The discriminatory actions of defendants were intentional, willful, and taken in disregard for the rights of Scafuri and Gerasimova, WHEREFORE, the United States prays that the Court enter an ORDER that: http://www.usdoj.gov/crtlhousing/documents/coltscomp.htm lOll 2/2006 Colts Pride Complaint Page 3 00 I, Declares that the defendants' discriminatory housing practices violate the Fair Housing Act, as amended, 42 U.S,C, §§ 3601 et seq.; 2, Enjoins defendants, their officers, agents, employees, and successors, and all other persons in active conccrt or participation with any of them, from refusing to grant a reasonable accommodation to Scafuri and Gerasimova and requires defendants to allow them to install a window air conditioning unit to supplement the existing central air conditioning in their home; 3. Awards such damages as will fully compensate Scafuri and Gerasimova for all injury occasioned by defendants' denial of equal housing opportunity, pursuant to 42 U.S,C, §§ 3612(0)(3) and 36i3(c); and 4, Awards punitive damages because of the intentional and willful nature of defendants' conduct, pursuant to 42 U,S,C. §§ 3612 (0)(3) and 3613(c), The United States further prays for such additional relief as the interests of justice may require, JOHN ASHCROFT Attorney General CHRISTOPHER J, CHRISTIE United States Attorney RALPH F, BOYD, JR, Assistant Attorney General Civil Rights Division MICHAEL A. CHAGARES Assistant U,S, Attorney 970 Broad Street Sui te 700 Newark, NT 07102 201.645.2700 JOAN A. MAGAGNA Chief, I-lousing and Civil Enforcement Section Division ISABELLE M, THAßAULT Deputy Chief SUNNY PIETRAFESA Attorney U.S. Department of Justice Civil Rights DivisionHousing and Civil Enforcement Section 950 Pennsylvania Ave, N,W, G Street Washington, D,C, 20006 202,616,2217 .=>~..":'.' ....,.'.. .,.".. ._. ........ .." ..~..>.....~ <..".~., ·.,·...w·.·... ".,.,_. ..........__,,,.~........,....,.. ......... ."., ,... "'_."".'"' .... ... ~"' .'. ~".Y~'.'.'" Document Filed: January 28, 2001. http://www.usdoj.gov/crtlhousing/documentslcoltscomp.htm 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et ai, (D.N.J.) Page 1 of 8 R. ALEXANDER ACOSTA Assistant Attorney General STEVEN H, ROSENBAUM JEANINE M. WORDEN SUNNY PIETRAFESA Attorneys Housing and Civil Enforcement Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue, N,W, GSt. Washington, D,C, 20006 202,616,2217 Attorneys for Plaintiff SP-0291 CHRISTOPHER J, CHRISTIE United States Attorney MICHAEL A. CHAGARES United States Attorney's Office 970 Broad Street, Room 502 Newark, New Jersey 07102 973,645,839 MC-5483 IN TIlE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA, Plaintiff, v. Civil Action No, CV 02-421 COLTS PRIDE HOMEOWNERS ASSOCIATION; BRYAN SCHEFF; UNITED PROPERTY MANAGEMENT, INC,; and MICHAEL POGORKELSKY, Defendants, CONSENT DECREE On January 28, 2002, the United States filed this action on behalf of Louis and Gerasimova Scafuri (the http://www.usdoj.gov/crt/housing/documcntslcoltssettle.htm IO/I 2/2006 Consent Decree resolving United SUites of America v. Colis Pride Homeowners Association et al, (D,N,J.) Page 2 of ~ Scafuris) to enforce the provisions of Title vm of the Civil Rights Act of 1988,42 U,S,C, §§ 3601 el seq, (The Act), In its Complaint, the United States alleges that Colts Pride Homeowners Association; Bryan Scheff; United Property Management, Inc.; and Michael Pogorkelsky (defendants) violated the Act by refusing to make a reasonable accommodation for Mr. Scafuri, a person with a disability who suffers from pulmonary asbestosis, asbestos-related pleural disease, and chronic "irritative" bronchitis, As a result of his disabilities, Scafuri has difficulty breathing and walking. On or about June 16, 2000, and September 5,2000, Louis Scafuri (Seafuri) and his wife, Gerasimova Scafuri, filed with the Department of Housing and Urban Development (HUD) timely complaints pursuant to Section 810(a) of the Fair Housing Act, as amended, 42 U,S,C, § 3610(a) alleging discrimination on the basis of disability, Following an investigation, HUD issued a finding of reasonable cause, and the complaint was referred to the Department of Justice for filing in federal court, pursuant to 42 U,S,C, § 3612(0)(1). Defendants do not admit that their actions violated the Fair Housing Act. Nevertheless, defendants and the United States agree, in order to avoid costly and protracted litigation, that the claims against defendants should be resolved without an evidentiary hearing, Accordingly, the parties have agreed to the entry of this Consent Decree, subject to approval and entry by the Court. It is hereby ORDERED, ADJUDGED, and DECREED: I, INJUNCTION Defendants, their agents, employees, successors, and assigns, as well as any other persons in active concert or participation with them, are hereby enjoined from: 1, Unlawfully discriminating on the basis of disability, as prohibited by the Act, 42 U,S,C, § 3604(f)(3) (B); and 2, Coercing, intimidating, threatening, or retaliating against the Scafuris for participating in this case, II. ESTABLISHMENT OF GUIDEUNES FOR REQUESTS FOR,REASONABLE ACCOMMODATIONS A, Defendallls have established, and will follow, specific guidelines for processing requests for reasonable accommodations for persons with disabilities who reside at Colts Pride in Freehold. New Jersey (the Guidelines), These Guidelines are attached as Appcn~li".", and must include the following elements: 1, Provisions for accepting and processing requests for accommodations in defendants' policies, practices, services, procedures, or facilities; 2, A provision that each request for reasonable accommodation and response thereto be fully documented; 3, A provision that all reque~1s for accommodation be acknowledged, in writing, within seven (7) days of any defendant's receipt of an oral or written request; however, defendants reserve the right in the case of an oral request to seek written confinnation of the nature of such request. Defendants agree to assist, if necessary, any person who has made an oral request in obtaining such written confinnation, http://www.usdoj.gov/crt/housingldocumentslcoltssettle.htlll 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et ai, (V,N,J.) Page 3 of ~ 4, A provision that those requesting a reasonable accommodation be notified, in writing, of the decisions regarding their request for accommodation within thirty (30) days of any defendant's receipt of the request and, ¡fa request is denied, an explanation of the basis for such denial shall be included in this written notification; 5, A provision that the final written decision regarding the reasonable accommodation request will be retained in defendants' flies; 6, A provision that defendants shall consider all requests for accommodations because of disability and shall grant those requests that are reasonable within the meaning of the Fair Housing Act; 7. A provision that requests for reasonable accommodation shall be treated as confidential requests and infonnation about them shall only be shared with those officers of the Association who are responsible for making decisions about them; and 8, A provision that defendants shall not impose any additional fees, costs, or otherwise retaliate against any person who has exercised his or her right under the Fair Housing Act to make one or more reasonable accommodation requests and, if applicable, receive a reasonable accommodation, B, Defendants shall provide the Guidelines to all current and future members of the Colts Pride Homeowners Association (the Association) for the tenn of this Consent Decree, Defendants shall also simultaneously provide the identification, address, and telephone number of the persons to whom a reasonable accommodation request should be submitted, III. FAIR HOUSING EDUCATION A. Defendants shall request educational materials from New Jersey Protection and Advocacy concerning tbe substantive provisions of the Fair Housing Act, with particular emphasis on those provisions requiring that requests for reasonable accommodations to rules, policies, or procedures must be granted if such accommodations may be necessary because of a person's disability. Defendants shall review the materials provided and consult, ¡fnecessary, with New Jersey Protection and Advocacy regarding those materials, B. Within lhilty (30) days oflhe entry oflhis Decree, detèndants shall provide a copy of this Decree to all their current agents and current employees involved in the management or administration of the Association and secure the signed statement at Alpendl~Jl from each such person acknowledging lhal he/she has received, read and understands the Decree, C. Within thirty (30) days after the date on which a new employee or agent commences employment or an agency relationship with defendants, each such individual involved in the management or administration of the Association shall be given a copy of this Decree and be required to sign the statement at Appendix B acknowledging that he/she has received, read and understands the Decree, IV. .REPORTING AND RECORD KEEPING REQUIREMENTS A, Thirty (30) days after the date of entry of this Consent Decree, and annually thereafter for the duration of this Consent Decree, defendants shall forward to Counsel for the United States a copy of the si/YIed statements of each current agent and current employee referred to in Section III (C) http://www.usdoj.gov/crtlhousingldocumentslco1tsscttlc.htm 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et a!. (D,N.J.) Page 4 of 8 above, B, Throughout the term of this Decree, defendants shall retain all records relating to implementation of the provisions of this Decree, including but not limited to minutes from any meeting(s) of the members and/or officers the Association, The United States shall have the opportunity to inspect and copy any such records after giving reasonable notice to defendants, V. COMPENSATION FOR THE SCAFURIS A, Defendants shall send a certified check to the Scafuris in the amount of FIFTEEN THOUSAND DOLLARS ($15,000), via certified mail, within thirty (30) days upon receipt of a release of claims from the Scafuris, such release to be forwarded by the United States to detèndants. Defendants also agree to waive all fines assessed by the Association against the Scafuris related to the window air conditioning unit. B, Within thirty (30) days of the date of entl)' of this Order, defendants shall purchase and install a Samsung ductless air conditioning unit in the Scafuri's master bedroom, such unit to be serviced and maintained by defendants so long as the Scafuris reside at Colts Pride, Any service of the air conditioning unit obligated by defendants shall be based on normal wear and tear of the unit. Defendants shall have the option of removing the ductless air conditioning unit if the Scafuris no longer reside at Colts Pride and if defendants remove the unit, they shall be obligated to restore the Scafuris dwelling to its original condition prior to installation of the unit. VI. DURA nON OF DECREE AND TERMINA nON OF LEGAL ACTION A, This Consent Decree shall remain in effect for a period of two (2) years and sixty (60) days from the date of its entl)', B. The United States' claims against defendants are hereby dismissed without prejudice, The Court, however, shall retain jurisdiction over this action for the term of this Consent Decree to enforce the terms of the Decree. C. The United States and defendants shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution, VII. TIME FOR PERFORMANCE Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the United States and defendants, VIII. COSTS OF LITlGA TION Each party to this Consent Decree shall bear its own costs and attorney's fees associated with this litigation, IT IS SO ORDERED: this ,_day of___.. J 2003, http://www.usdoj.gov/crtlhousingldocumentslco1tssettle.htm 1011212006 Consent Decree resolving United States of America v. Colts Pride Homeowners Association et al. (D.N.J,) Page 5 of 8 United States District Judgc Agreed to by the parties as indicated by the signatures of counsel below: FOR DEFENDANTS: FOR THE UNITED STATES: Loren Rosenberg Lightman Lomurro, Davison, Eastman & Munoz, P.A, Monmouth Executive Center 100 WiIlowbrook Road Building 1 Freehold, N.J, 07728 732.462,7170 Steven H. Rosenbaum Jeanine M. Worden Sunny E. Pietrafesa Attorneys U,S, Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Ave" N, W, G Street Washington, D,C, 20006 202.616,2217 Date Date APPENDIX A COLTS PRIDE HOMEOWNERS' ASSOCIATION PROCEDURES l"OR REQUESTING REASONABLE ACCOMMODATIONS It is the policy of the Board of Direcrors of the Colts Pride Homeowners' Association not to discriminate against any person on the basis of handicap, race, color, national origin, religion, sex or familial status in the occupancy of dwellings at Colts Pride or in the provision of services in connection with these dwellings, pursuant to the Fair Housing Act, 42 U,S,c. 3601 et seq., the rules and regulations thereunder, and state and local law, In so doing, the Board of Directors of the Colts Pride Homeowners' Association has adopted a policy to comply with the reasonable accommodation provisions of the Fair Housing Act, 42 U.S.C, 3604(1)(3)(B). A "reasonable accommodation" is a change, exception, or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, Requests for reasonable accommodations can be made by completing the fonn attached and submitting it to the property manager's office (address Bnd telephone number are attBched), You can also call the property manager and request that a fonn be mailed to you. Requests can also be submitted orally, iIlthough it is more helpful ¡fthey are in writing. Also, please be advised that, if necessary, the the Board will seek written eonfinnation of the nature of oral requests, You should advise the Board immediately if you need assistance in providing any requested written eonfinnation and the Board will assist you, The Board will keep all requests for a reasonable accommodation due http://www.usdoj.gov/crtlhousingldocumentsleoltssett1e.htm 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et ai, (D,N.J.) Page 6 of & to disability confidential, except to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law, Requests made to the Board will be acknowledged within seven (7) days of the Board's receipt of the oral or written request for an accommodation, The Board will issue a response to the request, in writing, within thirty (30) days of the Hoard's receipt of the reasonable accommodation request. If the request is denied, the response will include an explanation for the basis of the denial. The Board will retain final decisions as to reasonable accommodation requests in its files, The Board will consider all requests for reasonable accommodations because of disability and shall grant those requests that are reasonable within the meaning of the Fair Housing Act. The Board will not permit additional fees, costs or any sort of retaliation against any person who has exercised his or her right under the Fair Housing Act to make one or more reasonable accommodation requests and, if applicable, to receive a reasonable accommodation, If you feel that your request has bcen unjustly denied, you may contact the U,S, Department of Justice, Chief, Housing and Civil Enforcement Section, 950 Pennsylvania Avenue, N.W. - G Street, Washington, D,C, 20530, ATTN DJ #175-48-245, COLTS PRIDE HOMEOWNERS' ASSOCIATION APPLICATION FOR REASONABLE ACCOMMODATION Please comp1cte this form and return to the Colts Pride Homeowner's Association Board of Trustees at the following address: Colts Pride Homeowners Association Board of Trustees clo United Property Management 73 Brunswick Woods Drive East Brunswick, NJ 08816 You may also call the Property Manager's office at (732) 238-0221. Requests for reasonable accommodations will not be processed unlcss they are property submitted to the above office, Do you have a disability (i,e, a physical or mental impairment that substantially limits one or more major life activities)? YES NO Please provide a description of the reasonable accommodation that you are requesting, PLEASE NOTE: Ifit is not obvious that the reasonable accommodation you requested is needed because of your disability, it may become necessary for you to provide documentation connecting your disability to the accommodation. AI'PENDlX B http://www.usdoj.gov/crt/housing/documentslcoltssettle.htm 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et al. (D,N.J,) Page 7 of 8 EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM I hereby acknowledge that I have received, read and understand the Consent Decree entered in United States v, Colts Pride Homeowners Association, el ai, CV 02-42 I, I agree to act in accordance with that Consent Decree, I understand that I should not discriminate against any person in any aspect of the ownership of homes at Colts Pride on the basis ofa person's race, sex, national origin, religion, family status (having children under the age of 18) or handicap, Signature of Employee Name of Employee (printed) Name of Employer(s) Employee's Job Position or Title APPENDIX C RELEASE OF CLAIMS fu consideration for the money paid in the amount (¡ffifteen thousand dollars ($15,000), upon receipt of this sum, the sufficiency of which is hereby acknowledged, I hereby release all causes of action, demands and claims that 1,_ . my heirs, executors, administrators, successors and assigns may have whether known or unknown against Colts Pride Homeowners Association; Bryan Scheff; United Property Management, Inc,; and Michael Pogorkelsky (defendants), their agents, employees, successors and assigns, and any other person in active concert or participation with them, concerning or relating in any way to the allegations set forth in United Stales of Americav, Colts Pride Homeowners Association et al., Civ, Action No, 02-421, and I hereby discharge any and all discrimination claims that could be asserted as a result of the alleged acts of defendants for conduct prior to the filing of the Complaint in this action, I also agree that I will not make any negative statement, written, electronic, or oral, about defendants arising out of the facts alleged in the United States' Complaint. It is understood and agreed that this is a full and final release of all claims pertaining to alleged housing discrimination on the basis of disability related to a request for a reasonable accommodation pursuant to 42 U.S,C. § 3604(f)(3)(B), at Colts Pride, and it releases all such claims at the time of this release that are known and unknown, suspectcd and unsuspected, foreseen and unforseen, It is understood and agreed that the release and the Consent Decree entered in the above-cited case constitute the entire agreement between the parties; that the tenns of this release are contractual and not a mere recital; and that this release is binding upon and adheres to the benefit of the parties, jointly and severally, and the executors, administrators, personal representatives, heirs, successors, http://www.usðoj.gov/crt/housing/documentslcoltssettle.htm 10/12/2006 Consent Decree resolving United States of America v, Colts Pride Homeowners Association et al. (D,N.J,) Page B ofB and assigns of each, The undersigned further declares and represents that no promise, indueement, or agreement not herein expressed has been made to the undersigned. Date Subscribed and sworn to before me this day of ,2003, Notary Public My commission expires Document Ðuered: October 7, 2003 http://www.usdoj.gov/crtlhousing/documentslcoltssettlc.htm 10/12/2006 Old Southwest/nc.. 641 Walnut Ave sw. Roanolœ, VA, 24016 540-343-8794 December 1, 2006 Paula Anselmo 637 Mountain Ave SW Historic Old Southwest Roanoke, Virginia 24016 Dear Paula, On behalf of our grateful neighborhood, it is my pleasure to present you with this certificate recognizing your efforts in the maintenance and beautification of your home. Your care for the place you live supports the Mission of Old Southwest and serves as an example for all to follow. Along with the certificate of appreciation we present you with a $25 gift certificate to Wildflour Market & Bakery, in the Heart of Old Southwest. This sign will remain placed in your yard through this month of December to designate your home as the Old Southwest Home of the Month. Congratulations and thank you for your hard work! '::OJ/ ' '~'- ,') /" ._"';...r-<-,,¡ ,. .,):._ {/ Kevin Earl President Old Southwest, Inc. www.oldsouthwestinc.com CC: Historic Alexander/Gish House File I I I I ! ì I I I ! I .\rchill'cturnll{,'\il'\\ BII:lld BII;lnlllfZlIllin:.: \11ll'ah I'tannin!! ('(llIIlTli~~i'ln CITY OF ROAI\OKE PLA"I:'IIING HL:ILDI"IG & ECONOMIC DEVELOP"IE:\T 215 Church Awnne. S.W.. Room 166 Roanoke. \ïr~ini. 24011 Telephone: (540) 853-1730 .-,,,: (5411) 853-1230 E-mail: plnnninwu ruunokc\"a.J!o\' December 18, 2006 ....." "'... I~/'I'l<,!?>\ (,w....~"'."\ ;£,¡iy4-t ;~.Ti) :" "j ....l "--. \ ..,.;,. " ~.:'.. "I' ~JJ:""''' \~<r::~"" .~.'>' ~ ~'·'ll'~i"'\·, " " ........~_::-...- Honorable C. Nelson Harris, Mayor Honorable David B, Trinkle, Jr" Vice-Mayor Honorable Alfred T, Dowe, Jr., Council Member Honorable Beverly T, Fitzpatrick. Council Member Honorable Sherman 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: Paula Anselmo Appeal of Architectural Review Board Decision 637 Mountain Avenue, S.w, (H-2) Background: On August 29, 2006. Ms, Anne Beckett, Architectural Review Board Agent, spoke with Keith Hummer about the recent replacement of a large front window with French doors at his residence that he shares with the owner Paula Anselmo at 647 Mountain Avenue, SW, This property is within the H-2, Neighborhood Preservation District. Ms, Beckett advised Mr. Hummer that the door replacement would require a Certificate of Appropriateness issued by the Architectural Review Board (ARB), On August 31,2006, Christopher Boehling, Code Enforcement Inspector, sent a notice of zoning violation to Paula Anselmo for working in the H-2 District without a Certificate of Appropriateness (see Letter: Attachment A), On September 11, 2006, Ms. Anselmo filed an application for a Certificate of Appropriateness for the replacement door, The ARB considered the application on October 12, 2006 (See Application: Attachment B and Minutes: Attachment C). Staff recommended denial because the request was not consistent with the H-2 Architectural Guidelines for Basic Design Principles and for Windows and Doors, Mr. Hummer appeared before the ARB on behalf of Ms, Anselmo, He asserted that the Federal Fair Housing Act allowed reasonable accommodation for handicap accessibility and the work was done in anticipation of elderly residents eventually living in the house. Chairman Katz noted that the French doors he installed did not comply with ANSI (American National Standards Institute) for handicap accessibility because the door leaves are too narrow. She also noted the original front door entrance meets minimum width requirements of 32" for handicap accessibility, Other ARB members noted that the door was only half of the accessibility issue because there are steps to the front porch, Mr. Hummer stated that the front yard was too small for a handicap ramp. Staff researched the ANSI Standards referenced above and found that doorways shall have a clear opening width of 32" minimum and at least one of the active leaves of doorway shall comply with the minimum opening (American National Standard-Accessible and Usable Buildings and Facilities ICC/ANSI A 117 ,1-2003 Section 404 Door and Doorways), A roll call vote was taken and the request to approve the application failed by a 0- 5 vote (Blanton and Harwood absent). Ms, Anselmo was formally notified of the denial and of her right to appeal to City Council by letter dated October 13, 2006, Ms, Anselmo filed an appeal of the Architectural Review Board's decision on November 8, 2006 (Attachment D), Considerations: Section 36,2-331 (c) of the Zoning Ordinance provides: "In the H-2 Overlay District, a Certificate of Appropriateness (see Section 36.2-530) shall be required for the erection of any new structure, the demolition, moving, reconstruction, alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch," The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council provide the following considerations for Basic Design Principles and for Windows and Doors on historic buildings: · Rehabilitation in the H-2 District should respect the architectural character of a building and its surroundings, · Maintain original materials and features that characterize a building and make it unique, · Repair deteriorated materials instead of replacing them, · Windows and doors are especially important in rehabilitations, Their size, shape, pattern, and architectural style not only provide architectural character but also give a building much of its scale, rhythm, and detail · Periodic maintenance is necessary to prevent deterioration. · Identify and keep the original materials and features of windows such as size and shape, · Do not enlarge or fill in windows or doors on any prominent side of a building, , The main premise of the H-2 Architectural Guidelines is to maintain the historic fabric that characterizes buildings and make them unique, This applies especially to doors and windows, roofs. and siding, All fabric needs to be maintained properly and preserved to add to the overall historic character of the neighborhood. Staff could not identify any applications to the ARB to replace a front window with a door or set of doors or any previous appeals to City Council related to the denial of a request to replace a front window with a door. The typical front elevation of a historic house in the H-2 Historic District consists of a front door flanked by a picture window and a small window to light the interior staircase, Staff could not identify any other properties in the historic district that had changed a front window to French doors, Neither could staff identify any French doors on the front elevation of a historic house in the historic district. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. æin erely, 'Æ ' ' (j L@' o a J, Katz, Chair Architectural Review Board cc: Darlene L, Burcham, City Manager William M, Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director. Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board :; >, ATTACHHE;¡T A - .~ ~. ROANOKE HOUSING AND NEIGHBORHOOD SERVICES Noel C. Taylor Municipal Building 215 Church Avenue. SW, Room 162 Roanoke, Virginia 24011 540,853.2344 fax 540,853,659ï August 31, 2006 HAND DELIVERED AND REGULAR MAIL Paula Anselmo 637 Mountain Avenue, SW Roanoke, VA 24016 Dear Property Owner(s): Subject Property: 637 Mountain Ave. SW Tax Map # 1120719 A recent site inspection of the above referenced property has revealed that there exists a violation of the Code of the City of Roanoke (1979), as amended which reads as follows: 36.2-331 Historic Neighborhood Overlay District (H-2) (c) Certificate of Appropriateness In the H-2 Overlay District, a Certificate of Appropriateness (see Section 36.2-530) shall be required for the erection of any new structure, the demolition, moving, reconstruction, alteration, or restoration of any, existing structure or 'historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2-530(b)(4), or in-kind replacement with the same materials, proportions, and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness. The NEW ENTRY French Doors on the front porch which replaced an existing original window were installed without first receiving a C.O.A issued by the A. R. B. In order to avoid further action by this department, this violation must be removed within ten (10) days of receipt of this letter. You must either re-install the original window as before, or request a Certificate of Appropriateness by filling out the enclosed form and contacting Anne Beckett, A.R.B. Agent within this ten (10) day period. ' If you are aggrieved by this notice of zoning violation and order to comply with the above-cited Code provision, you are hereby notified that you have the right to appeal this order to the City of Roanoke's Zoning Appeals within 30 days of receipt of this letter. The filing fee is $250 plus the cost of the legal advertisement for the public hearing. :~~. . ' . Thank you in advance for your diligence in promptly correcting this violation. If you have any questions about this matter, please feel free to contact this office at 540-853-2344 between 8:00 a.m. and 5:00 p.m. Monday through Friday., Sine Iy, l.-- ~r (j ristopher Boehling ~ Building Inspector c: Anne Beckett, Agency for Architectural Review Board, 853-1522 Nancy Snodgrass, Zoning Administrator, 853-1322 ::,/' " ATTACHNEKT B "1 Roanoke Architectural Review Boa Request for Certificate of Appropriateness ~ r;'þ / -<j Y ~ CD Date of Application: // ---J.~~l/q-¿/)é-Iv .:Jé (Zt 'll"'(,;:~..: ø P,op,rty add",,, .131' /~"Nk"') 4, -' CU REfYË!~BKE <â) prope~y ~wner: J ~::p I 2006 Name::- ..nr;; / /.l ,k.s "/u 0 ¿, j, GITY OF ROANOKE Address: C, -3 7 . ''/.?I N /~" IU /.fJ'<. S;~_!~N~ING BUlLE'NG AN~ D~VE~O~A1ENT..,.., ~y¿; / ~ LDe~~~ì",,;¡,<,o(,"::',' ":':<':' :q:":¡ , I., Planning BUIldIng and, .oev.lo~menf ':" I Phone: ?IÆ;~¿V7/ I.Roomlfi6'MuniciPaIBuilding.:,:, ", ',I r. 21 5, Church Avenue..SW,. '" '.. "', " , j I .Roanoke: VA. 4401 L '. .":. '.". ' ". . ...<.... :"'_j 1"Pho~{: .(540)853;)~30 " ,',:": ;",': ,) , Fax:, ' ,(540) '853-J230:' ,', ,:", :"",1 r::~~ "~~~~t:'::;; .,::-:';, 0;.: ",,:::':J ",A~;'e~ecken:'Cit~ ~Ia~ner ". J~; :' ": ,'",:¡ [~~~), 853ê2j!'~~_.:.~~:):.:,;';,.~'::0:I @ Representative (contractor or agent): Name: -d r:, Ii ¡i N /W'O(" Address: ¿";hll-e:.-- Phone: ;//-;1 - .'.r",...--V ® Description of Work: Include details of construction, dimensions, and the materials that will be used, Attach supporting information to the application (e,g_ scaled drawing, photographs. and samples), "K,/,~"""",.o «ovr./.'>u ¿/Of r..."u".'¡' ?"'''c/; ..../ F/tO'("h b"".d.~ '9",f,N i.<., de.. .:9,-/11../ -11,-/1 -h., ¿'-¿<"-O,4", "'¡~c:...... JA.-V"';,e -47/<" ~I ,~;'c</;.?~> /1'I..t../ '-;/'" ¡{,'-<)u..,}- ¡=;;~" /.1"''-''''/ ..uA-. .5(.--9(".1" :J(.,·yç../.-/¡ gG·-'7(.,3. 3¿ -9(..5", 3¿-7¿,Ç, ® Signature of Owner (required) ~- .,a~/-?~ Section below to be completed by staff Tax Parcel Number: I i 7 Oï i c¡ Zoning District: Overlay district: 0 HI Œ, HZ Other approvals needed: o Zoning Permit 1&1 BUilding Permit o Other Approval By: iXI ARB 0 Secretary Approved: '- /.()'1AA.._ c;;. J<"jE?3 lJate: '/-/I-ofo Agent. Architectural Review Board CeaLficat!LNumber: Page 101' I /' ( f~- hup:!/im 1.shulterfly.com/procscrv/47h6d609b:1 I 27cœ8cOd86506f1 a000000:151 08CZtWLl... 9/11/2006 " Page 1 of 1 r ! - . ...... ---- .--....-.--...- ..--,..- _. '<.' ~""~-""" >'-. i~~T1l.,~~;:ð:::.\:·7-':::i· ::. ~:;.:.;;-;:...~..-.; ...'::::;. -".:,.:.!::.!~-:-;~.~.¿. :=~~·.f~-::","{~~~, ~. hltp:liim l.shuttcrfly,comiprocservi4 7b6d725b3127ccdkd*i!\>Iè~WflK~W,lI!l'.,,, 9:j¡I fWllXðó ATTAClL'1EIIT C '\ City of Roanoke Architectural Review Board October 12, 2006 Minutes The regular meeting of the Board was held on Thursday, October 12, 2006. The meeting was called to order at 4 p.m. by Lora Katz, Chairman. Ms, Katz read the rules of procedure and attendance was as follows: Members Present: Barbara Botkin Lora Katz Robert Richert James Schlueter Jon Stephenson Members Absent: Alison Blanton Donald Harwood The following items were considered: 1, roval of Se tember 14 2006 Minutes. additions and/or corrections. the minutes were approved as 2, m Michael Daniels for a Certificate of A ro riateness a ew fence at 378 Walnut Avenue S.W. Mr. Michael Daniels a eared before the Board and stated he wanted to put a 4' wooden fence facing Wa ut Avenue, He said the fence would match the existing fence on the other ide. Ms, Beckett said the 4' wooden ence was appropriate to the neighborhood and met the H2 guidelines, She said e recommended approval. Mrs, Joel Richert stated that Old Sou west agreed that the fence was appropriate to the neighborhood, She id as long as the fence was going to be just like the fence in the photograph with od caps she would support the application, She recommended the suppo ystem of the fence face the inside, Mr. Richert said he would support the applicatio as long as the fence matched the existing fence on the property. Mr. Stephenson said he agreed with the Board comm ts and stated he would support the application, Ms. Botkin said she supported the application, Mr. Schlueter said he supported the application, Architectural Review Board Minutes October 12, 2006 Page 2 The application was approved by a roll call vote 5-0, as follows: Ms, Botkin- yes Mr. Richert-yes Mr. Schlueter- yes Mr, Stephenson- yes Ms, Katz- yes 3, Request from Paula Anselmo. represented by Keith Hummer. for a Certificate of Appropriateness approvinq existinq window to door replacement at 637 Mountain Avenue, S,W, Mr. Keith Hummer appeared before the Board as representative for Ms. Paula Anselmo, He stated that Ms. Anselmo received a letter from the City of Roanoke that stated the French doors installed at 637 Mountain Avenue were noncompliant. He said the doors were installed with the anticipation that his in- laws, who were elderly and in a wheelchair. would be staying with them. He said he had an existing permit for interior attic space renovations. He said Virginia Law permitted reasonable modification for handicap accessibility, He said the French doors he installed were a reasonable modification to the home. He said he did not want to install an ADA handicap ramp because there was not enough room in the front yard, He said he would be beyond the five foot setback required if they installed the ramp. He said he could not use the rear gate for handicap access because there was no room for parking in the rear or side yards, He asked the Board for approval of the Certificate of Appropriateness based on reasonable modifications for handicap accessibility. Ms, Beckett said the doors did not meet the guidelines for Basic Design Principles and Windows and Doors in the H2 district. She said the guidelines stated to maintain windows or doors on any prominent side of buildings. She recommended denial for the application. Mr. Richert said he agreed with Ms, Beckett. He said the French doors did not meet the guidelines. He said the Board did approve a Certificate of Appropriateness for rear additions in 2006, He said he could not support the application, Ms. Katz said she had looked into the Fair Housing and State regulations for handicap accessibility and they did allow alterations for accessibility. She said ANSI standards required the entry door meet the 32" minimum opening. Architectural Review Board Minutes October 12, 2006 Page 3 Mr. Hummer said the fact of the matter was that he may not build the addition. Mr. Schlueter asked Mr. Hummer what the permit he had was for. Mr. Hummer said the permit was for interior renovations, Mr. Schlueter asked Mr. Hummer how wide the existing front door was. Mr. Hummer stated the door was 35 0/.." wide. Mr. Schlueter stated that the requirements were 32" wide, Ms, Katz said the existing front door was width compliant for handicap accessibility, She said the French doors did not meet the minimum width for handicap accessibility, Mr. Hummer said the window opening was not original and it could have originally been a door instead of a window, He said he checked around and no one had historic pictures of the house. Mr. Richert said the French doors were only half the handicap accessibility issue, He said the application of installing the French doors from a window altered the front of the building and the doors were not historically accurate. He said he would vote no on the application, Mr, Hummer stated the guidelines included storm doors and they were not historically significant. Ms, Botkin said regardless of access, the French doors did not meet the guidelines and she would vote no on the application, Ms, Anselmo extended an invitation to the Board to come to her home and look at the gate access in the rear of the property. She said the gate slid open but was not wide enough to get a wheelchair through, She also said she had four dogs and could not risk one of the dogs getting out of the rear gate. She said she did want to put up a handicap ramp because they were unattractive. Mr. Stephenson said he agreed with Mr. Richert, He said Mr. Hummer was satisfying half the access problem. He recommended Ms. Anselmo use a temporary handicap ramp. He said he would not support the application, Architectural Review Board Minutes October 12, 2006 Page 4 Mr. Hummer said the installation of the French doors seemed to be fair and reasonable alterations, He said he did not consider the renovation out of the normal. Mr. Schlueter said handicap ramps did not require alterations to homes, Mr. Hummer said presently his in-laws have to walk up the stairs in the front and be carried in the home. Mr. Stephenson asked Mr. Hummer if the gate could be fixed for temporary handicapped access, Mr, Hummer said there was no parking in the rear or on the side of the home, There being no further discussion, the application was denied by a roll call vote 5-0, as follows: Ms. Botkin- no Mr. Richert-no Mr. Schlueter- no Mr. Stephenson- no Ms, Katz- no 4. Mr. Bray appeared b re the Board on behalf of his wife, Francine Barish- Stern Bray. He said he ted to install an exterior sign. He said the sign was black print on a gold metall:ì kground, He said he felt the sign was elegant and would be a great addition to the rket Building, Ms, Beckett said the proposed sign did t meet the H1 Architectural guidelines for signs. She said currently there were no nging signs at the Market Building, She said she recommended denial of the appli Mr. Bray said their storefront had a 30" inset. He said sign that the jewelers in the Market Building had was 24" over the sidewalk. He s . he felt the sign was tasteful. He said there were existing hanging signs at the rket Building, Mr. Richert said the Board had to be careful about what they allow at the Market , , i 9, ATTACHMENT D VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. Name of petitioner(S):'7iJ,e/l ¡}¡5£¿MtJ . 1. 2, Doing business as (if applicable): 3. 4, Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborh~erlay District) of property(ies) which is the subject of this appeal: " Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: /¿t?-/Z'-¿?6 5. 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Re~oard (Section 36,2-330 if H-1 or Section 36,2-331 if H-2): __ / Description of the request for which the Certificate 0 Appropriatenejs was sought fr m e Arc itectural Review Board: ~ 't: ~ ? ~ '.", 7. 8. = Tç/ ~- WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): ¡;IW~ Name:ß.dIJ }/UseA,¡r) (print or type) Signature of Petitioner(s) or representative(s), where applicable: ~-- Name: 7)~/;/-#J-t1f.(! (print or type) Name: Name: (print or type) (print or type) -----------..------------------------------------------------------------------------------------------------ TO BE COMPLETED BY CITY CLERK: R~;"dbY~~~ Date: ill 01 ft' I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avcnllc, S. W.. Room .lS6 Ro.noke, Virgillia 2.l011-1S36 Telephol1l': (::;"'OI85.'-15~1 Fax: (5~lJ) 85~-1I45 E-mail; c1erk@rOlll1okl·\"a.go\· SIlEII,'\ 1\, IIARTM..\I\ Assi...tant City <.'h'l"k STEPHANIE 1\1. \IOO:-J. ('\1<: Adin! Cit)' Clerk November 9, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Paula Anselmo in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 637 Mountain Avenue, S. W. The petition was filed in the City Clerk's Office on Wednesday, November 8, 2006. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board, or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, December 18, 2006, 7:00 p.m., City Council agenda. Sincerely, A4-£-~ ;~ h1. ~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure K:\APPEALS TO THE ARBIAPPEALS 2006\637 MTN AV SW PAULA ANESELDOC The Honorable Mayor and Members of the Roanoke City Council November 9, 2006 Page 2 pc: Ms. Paula Anselmo, 637 Mountain Avenue, S. W., Roanoke, Virginia 24016 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development LoraJ. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board K:IAPPEALS TO THE ARBIAPPEALS 2006\637 MTN AV SW PAULA ANESEL,DOC ø~ - .. ,- <0:'7 , ... '~~' " , , '11\.> CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church .-hCIIllC. S. W.. Koom'¡56 KO:lllok,'. \'ir~illill 2'¡01l·1536 "!"('Icpholll': (:;'¡1Il K!U-25-1. Fm.: (5-111) I'IS,'·1145 1·;.lImil: dl'ri<;t"ij rcmnOkl'\¡I.gm' SHEILA ~. IIARTMAI\ Assis{¡1II1 Cil~' <.ll'rk STEI'HA:\'IF \1. :\IO()~. C\I(' Al'tinJ.: Ol) C1~r" November 9, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Paula Anselmo in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to prop'erty located at 637 Mountain Avenue, S. W. The petition was filed in the City Clerk's Office on Wednesday, November 8, 2006. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board, or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, December 18, 2006, 7:00 p.m., City Council agenda. Sincerely, ~__..;rv,.~~ Stephanie M. Moon, CMC ' Acting City Clerk SMM:ew Enclosure K:\APPEALS TO THE ARB\APPEAl.S 2006\637 MTN AV SW PAULA ANESELDOC The Honorable Mayor and Members of the Roanoke City Council November 9, 2006 Page 2 pc: Ms. Paula Anselmo, 637 Mountain Avenue, S. W., Roanoke, Virginia 24016 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development Lora J. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board K:\APPEALS TO THE Af1B\APPEALS 2006\637 MTN AV SW PAULA ANESEL.DOC o;lffi1!: W ~ ~, ... '~'Jrl ~. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur('h An:nllc. S. \\T.. Room 456 Rllan\)ke. Virginia 2-l011·153ó T~'kpl1(lne: (54!)) 1.<53-2541 Fax: (5-l-(n8;'í3-11-l-5 E-m;'lil: ~·krkl!l:f(I~U]{lke\·a.g(l\' SHEILA~, lIARn1A~ A.s~bt:lIlt Cil)' Clell.; STEPHAJ\IE M. ~100N. ("\1(" Artlllg' City Clerk December 19, 2006 File #249 Mr. and Mrs. Aubrey M. Hicks 648 Day Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Hicks: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 648 Day Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2006. Based upon evidence presented on December 18, 2006, Council voted to affirm the decision of the Architectural Review Board on November 9, 2006, and that no Certificate of Appropriateness be issued to replace a metal roof with an asphalt shingle roof on a structure at 648 Day Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the proposed installation is not of the same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building. Sincerely, Å~~'~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Mr. and Mrs. Aubrey M. Hicks December 19, 2006 Page 2 pc: Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development Lora J. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Anne Stuart Beckett, Agent, Architectural Review Board ,¡> 8, 9, VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF :1vb:?~f IJ1 If-¿/ð L'ÌJo4 l1-1 , ;-/r~ , I) (¡;q'1; OIf1/lve.5:f)) Ø~/{e- ¿!i9- ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended, 1. Name of Petitioner(s): /ÎU.bt2.ï f1J, It/(¡ liNt)¡¡ /}7. ¡¡',¿Ið 2. Doing business as (if applicable): /i{h 3. Street address of property which is the sUbjeUf this appeal: ' (pq! {).IJ-/ ¡(jut> :;L./ Z<CIi4N/)/{~ .J-'10 /h Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H - 2 4, 5, Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 11- m- 0.6 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330 if H-1 or Section 36,2-331 if H-2): 3&, 2- ~~ ) 7, Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: To ~-(¡l¥~ P1em/ Tllc/' ..¡.t.,~+- l,J~s U,Jre~lrJqb)r¿ I L.JtfI, J:i/w .::;í,'''JÜ , j7"o{ ~!' WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted, Signature of Owner(s) (If not Petitioner): ~~ Name: n. -h'dt>' (print 0 type) Signature of Petitioner(s) or representative(s), where applicable: Name: /"¡ìvÐH /JIJ, ¡/,'i:J,(~ (print or type) ~J)(~01~Á~ Name: L(fInn, /J,7. l/t'cl(s (print or type) Name: (print or type) -----------------------------------------------------~------------------------------------------------------ TO BE COMPLETED BY CITY CLERK: Received by: ~ :..J æ rr; t»- , Ci:tij C1.~l Date: U / I ~/ot. , , /. ..--:-~'-~. .' ,.' i:~' ;.:1':---' (({;:~I":t \~I:~;':\ it.ii'~ . ·.j,::.....;·:··l b~t!·· - ~.. , <";O';'~" ~w'¡ '<~~º~~>/ CITY OF ROANOKE PLANNING BlIIL)JNG & ECOI\OMIC DEVELOP:\-1E:'>IT ~15 Church ,hen"". S.\\'.. Room 166 Roanoke, \ïrgin;a ~4011 Telephone: (540) 853-1730 Fax: (54lH 85.'-1230 [-lIlail: planning::'u rouJlok~\·.I.~O\· December 18, 2006 :\rdlilt'clur:lllh'\il'\\ Umlnl I~CI..rd ..I I.uniul.: .\IlIIt':II\ I'J¡1I111in~ C"Ulllllli"i"lI Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Jr., Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Council Member Honorable Sherman Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Aubrey M. and Linda M. Hicks Appeal of Architectural Review Board Decision 648 Day Avenue, S.W. (H-2) Background: On October 3, 2006, Code Enforcement Officer Christopher Boehling observed a metal roof being replaced with asphalt shingles at 648 Day Avenue, S.w. without a Certificate of Appropriateness. The property is located within the H-2, Neighborhood Preservation District, which requires that a Certificate of Appropriateness be issued for any exterior modifications to the building or property. The owners, Linda and Aubrey Hicks, had replaced about 50 percent of the pressed metal shingles with asphalt shingles. At 3:00 p.m. that day, Mr. Boehling posted a legal notice to "Stop Work" on the property and advised Mr. Hicks to apply for a Certificate of Appropriateness (see Photograph: Attachment A). Mr. Hicks went to tile Municipal Building and spoke with Mr. Boehling, Senior Planner Ian Shaw, and City Planner Maribeth Bendl. At 4:00 p.m., Mr. Boellling returned to 648 Day Avenue and posted a second "Stop Work" order. Mr. Hicks was advised that corrective action would be to discontinue the work and apply for a Certificate of Appropriateness. On October 4, 2006, Mr. Boellling sent a notice of violation via certified mail to Linda and Aubrey Hicks concerning the "Stop Work" order. Mr. Hicks signed for the letter on October 5, 2006 (see Letter: Attachment B). On October 10, 2006, Mr. Hicks filed an application for a Certificate of Appropriateness to replace his metal shingles with 30-year architectural shingles and provided a sample of the asphalt shingle. On October 11, 2006, Mr. Hicks called Ms. Beckett after her return to work and expressed his concern about the notice of violation. Ms. Beckett advised that metal roofs had a long life expectancy and there are good products on the market Board members had recommended to repair metal roofs. Ms. Beckett added that she and other Board members have inspected a number of metal roofs and have found that most residential metal roofs are repairable. Ms. Beckett advised Mr. Hicks that replacing metal shingles with asphalt shingles was not consistent with the H-2 Guidelines and that she could not make a positive recommendation for the replacement. She further stated that the Architectural Review Board had not approved a metal shingle to asphalt shingle replacement in recent years because they all were repairable. On Saturday, October 14, 2006, several neighbors witnessed workers continuing to remove the roof and contacted Ms. Beckett. Ms. Beckett responded to Mr. Hicks' address and advised him that the work was in violation of the stop-work order. He refused to stop work and Ms. Beckett contacted the police to compel compliance with the order. It was important that he stop work because the removal and disposal of the historic metal shingles was irreversible. Ms. Joann Ellis, Code Enforcement Officer, who happened to be addressing another issue the same day, arrived at the request of one of the police officers. Ms. Ellis advised Mr. Hicks that she intended to obtain a warrant if he continued work to remove the roof in violation of the stop-work order. Mr. Hicks then ceased removal of the roof. The following Monday, Code Enforcement staff and Ms. Beckett consulted with Andrew Stevens, Assistant Commonwealth Attorney. After reviewing the case, the Assistant Commonwealth Attorney determined that Mr. Hicks' repeated removal of the stop work order, combined with the irreversible nature of the work, were egregious enough to justify immediate action to compel him to stop work. General District Court Judge Talevi concurred and issued a temporary injunction against the owners on October 18. On November 9, 2006, the Architectural Review Board (ARB) considered the application (See Application: Attachment C and Minutes: Attachment D). Staff recommended denial because the request was not consistent with the H-2 Architectural Guidelines for Basic Design Principles and for Roofs. , Discussion of the application focused on the prior condition of the roof and the difficulty of evaluating the condition when it had been removed. In discussing the application, Ms. Katz indicated the ARB was in a difficult position of evaluating a project after it was nearly complete. Mr. Richert added that the ARB considers the existing condition in making a decision to allow replacement, but it was difficult to evaluate the condition of the applicant's roof because most of it had been removed. Mr. Richert said the proposed change to asphalt shingles was not consistent with the ARB's guidelines. Mr. Schlueter and Mr. Harwood questioned Mr. Hicks about previous attempts to repair the roof. Mr. Schlueter noted that he had discussed the roof situation with Mr. Hicks about two years ago and recommended a rubberized coating to repair the roof. Mr. Hicks said that he could not find anyone who used the coating Mr. Schlueter had recommended. Mr. Hicks indicated that a contractor applied a metallic fiber coating about six years ago. Ms. Blanton said the photos she had seen showed the roof was in poor condition and it is possible that it was not repairable. If it was not repairable, the preference would be to replace the roof in-kind with another metal roof, but she understood the cost can be 2 to 2)1, times the cost of an asphalt shingle roof. She indicated that the ARB needed to evaluate whether or not the replacement roof is appropriate. Board members discussed the failure to follow the process for approval of the roof replacement and that the board may have approved an appropriate replacement material had Mr. Hicks applied to the board. A roll call vote on the motion to approve the application failed by a 3-4 vote. Mr. Hicks was formally notified of the denial and of his right to appeal to City Council by letter dated November 10, 2006. Mr. Hicks filed an appeal of the Architectural Review Board's decision on November 14, 2006 (Attachment C). On Friday, November 17, 2006, Mr. Boehling observed that the third Stop Work order had been removed at 648 Day Avenue. On Monday, November 20, 2006, Mr. Boehling posted a fourth Stop Work order at 648 Day Avenue, S.W. Considerations: The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council provide the following considerations for Basic Design Principles and for Roofs on historic buildings: , -' · Rehabilitation in the H-2 District should respect the architectural character of a building and its surroundings. · Maintain original materials and features that characterize a building and make it unique, · Repair deteriorated materials instead of replacing them. · Architectural styles are often identified by the form and material of the roof, which is an important design feature, · Poor roof maintenance contributes to the rapid deterioration of historic building materials, · Changing, removing, or adding materials to a roof can often alter or destroy a building's character. Retaining Existing Roofs · Identify and keep the original materials of roofs, · Do not remove historic roofing materials, such as metal, that are still in good overall condition. Maintenance · Keep all pressed-metal roofs pained and all seams tightly crimped. · Regularly inspect flashing at ridges, hips, valleys, chimneys, vents, and dormers and replace when deteriorated. · Avoid applying coatings to an entire roof. Such products may be appropriate to repair localized problems, but their general use can alter the roof's overall appearance. · Do not apply paint or other coatings to historically uncoated roofing materials. Replacement and Substitute Materials · When it is not feasible to replace pressed-metal roofs with the same materials, explore the use of prefabricated, battened-metal roof systems, · Use substitute materials that retain the visual appearance of the original roof and that are physically and chemically compatible, Substitute materials should match the original in scale, color, texture, and pattern. Staff identified two applications since January 2000 from residential property owners to the ARB to replace pressed metal shingle roofs with asphalt shingled roofs. Both applications were later withdrawn and the owners repaired their roofs. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. &in, rely, ;ød/' ~ ra J. Katz, Chair Architectural Review Board 4 cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director, Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board 5 .:...." ..... 'M:!:,&~:;.,~~"~tl,~~¡,:~.~,.~""""lÅf;;;ti:·,." J c:::> ! I i .;! ...::: <.··A.·.· ttif'TJ.. ", ,) i ., ! t~,;::;yt~ (i¡!!'~~'~r,' ~ :. 'I ., .~.....~, .. ~.¡..-:: "'->~'::' ~: :,¡ ~ : j ... . ,". . . :.. ' ." ',".;/.,\. ... .. .~. "., . "" ......,... .,. .:4- ~:·:;:'t-~:Þ.;:(~·:·.:'~-· '~ , " "';', -:.,l.",L.!~ljrw.;¡ 11 j,lJ1llj~ . ~~"':,~ :..~ ;~~~~ f.~~!;:\?V·",,-,:;,-.~:~+~~:~. ...... ", .~ .~ ATl'ACHHENT A ';"}"" .,'.. '.'. ",. - .--...,&... _. '~.¿j;~';"'.~'~ c;::; I ' f~";""i :;;'] '. ". ".", n' : "'·.M'C." ;".:' ;":. - A=\: I~ ~.. ~f 1.1:1., ~it~,.l~_I~~}.~..,.~.,.;~.:¡}~(.l~~.~. ---_.......,',_.~.~....,¡,j.;{(~.-. "-·;'i>',¡~··(..'··;''''''''~_.l!~~· .;::;;;;::::__"'-'. .._.~.. ,:.,' 1"; r-::..:.:· r-·, ,. -.; f"" ::'~ , ' .-_. , ' {"" /..-': /,,' ....~. . ~: '.~ ¡": V' ~-.-- '-. ._. .'_ 1,; r, r· fil ¡" ;;=.. 1·, ,j," , " '--.' '. :"'... ¡., __ 7:~~· .:........ f ( , r"-' ........... :...-- .' ,("- .'. " . '. .~¡, : . : , , '~.' ~, "", <, '.~ " .~?". - ~ i" J '--.'. . ~. 'f; {,';'''t j"i -~' 7 1 :rii j- (:' i't . .~ ~ ... .. .~, '~....:/ ~ ..' .::.. '.:.. þ:. " ¡. '.'~ .....,. .' ,-' -~~,~ :! ....:.. -' = . - ..';".-. ., ~ 'r ~ .: .' 'd , " . "';"~'c' .::r ".'..' . ......, .F .~ò~~.L~;.."': Jl)jJ~4t~ to" J. .'. ::.,<~: T.: ..... ,.': , ATTACHHDIT B '.... ,-:...4<t"{.l;~' ~.."'" :1- . .,,' P. '~~ . HOUSiNG AND IŒGHßOR.HOOD SERVICES ,'.. ,,"":~ø .~';¡l¡/::'"",., ROA.r'-lOI<E '..j:)!:: C. 'iélV¡0~ ML:....¡j::;C:.3~ t;L:ilc.i;·J~· ;;::í5 '=!ìoJ:~n .i-,ven.;;:. .~\!~:. F")()¡r~ "is:: P'(j~:nof.-::. Vi:"i;;¡~d.: :U::.1 54C.853·234':: , , iè' :'4~-·.:::5;,.t'~9;- October 4, 2006 Certified Mail No: 700608100002 0964 1907 and regular mail r.~, \ \bt-, \J'd LINDA AND AUBREY HICKS 648 DAY AVE SW ROANOKE, VA 24016 I C ¡ 0 -:; :/ l.d" .c:::., ; ..... ;.(,i ¡:;,.",/- .'- . . ~ . f b",;' A.·1{~·¡H'cJ t .- .. Dear PROPERTY OWNER(S): Subject: 648 DAY AVE SW TAX MAP #11 20504 On October 3, 2006, this office observed work being done at this address without the necessary Certificate of Appropriateness as required by City of Roanoke pursuant to Section 36.1-345 (Now Section 36.2-331 (c) of the City Zoning Code that states as follows: 36.2-331 Historic Neighborhood Overlay District (H-2) (c) Certificate of Appropriateness III the H-l Overlay District, a Certificate afAppropriateness (see Sectioll 36,]-530) shall he required for the erectioll of all)' new structure, the demolition, moving, recollstructian, alteratian, ar restaratian af any existing stmcltlre or historic landmark, inclnding the installation ar replacement af siding. £11' the reduction in the jlaor area af an existing building. including the enclasure ar remaval af a porch, A Certificate af ' Appropriateness shalll/at be required for ardln<7l:v mail1lenance, as dej/ned in Section 36,]-530(b){4), or in- kind replacement with [he same materials, praportions, and design. The Zaning Administrator; in consultalian with the Agent to the Architectural Review Board, shall determine whether all activi(I' requires a Certificate afAppropriatelless, A legal notice to "STOP WORK" was posted and forwarded to the Acting A.R.B. Agent of the Planning Department. Before continuing with this project, you must first submit a Request for Certification of Appropriateness and attend any required hearings. After complying with this requirement and the A.R.B. mandate, this "STOP WORK" order will be removed and any work may proceed. · " " Thank you in advance for your diligence in promptly correcting these violations. If you have any questions about this matter, please feel free to contact this office at (540) 853- 1732 or Anne Beckett at (540) 853-1522 Sincerely, fìÚ n þ~ ~her Boehling , Inspector C: Anne Beckett, Agency fOi' Architectural Review Board, 853-1522 Nancy Snodgrass, Zoning Administrator, 853-1322 Andrew Stevens, Assistant Commonwealth Attorney Roanoke Architectural Review Bcld Request for Certificate of Appropriateness I i I -:'['T'C-H'I'I'''T l; ..¿, '. f~, ~. ..·.L~ CD Date of Application: ~O/ðb_________ ŒJ Property address: fo4'i /],g.; ¡Jlle ~S'W Q) Property owner: '~,,,ll(' HvbP,€j /11· ¡.j,æ Ad,j.", I~;qc:r ß9¡ .4ve C; iJ 2ItNÒJ(.¡¿!/J- :)"L/[) / £. ~,·:·ó:~·~~~f~:~~t·;;;~r·:···~·/;:://~:::·::: :.;",:: ·~L.::>:·., :"i>!a:n"i~g'~ûilding,'ånd:~Dè¡¡iHoPÍ1ie,nt :', .!--Rç~rí:l.'166,:I\4~'ñicjpa'Buj'ding:', - ' ~," .-" Pll0tK: <;<-10- 5~)1- 7SJO @ Representative (contractor or agent): Name: 5AYYJ¡¿ 45 .4iJc;¡/.¿ .:;" ." ..'.i:.;.:......... Acldre';;: ~.:.:'>;?~:~. ·n;.'" '", .'. ~ " ....! :,..',;., Phone: ® Description of Work: Include details of conc¡truction. dimensions. and thl:: Iìldterials that wili be u'::-t,cl. Attl~(h surportil1fl infonl12..tion to thE' applica.tion fe.9. 5G~I~d drav·íiil9. lìhotograph~. rUld salllpk~ I. '7¿epke j:'4i/GlJ /J1d,.;j £¿,rf- w¡A 30 'jR/J¡¿ /lR~/-Æ--LfL/:.?"i) 'Re. 'M OS ß +- 30 Y-t/P'- it'd; .54IYJP/.e""¡'" PIJo-k.Yj'f;I'JP;' l' 5 Ii -t;ß /.J'¡'¡~ of owner (required) Section belolv to be completed bV staff Ta, PalTt'1 Numb.,"!: 1l~~~()1. Zoning District: Overla';, ciistriu: 0 In ~è Approval By: D AR8 D Secretary Approved: Oth~r ¿¡pprO'~a!~ flée(kc!" DatE,: Ägf.l"lt. Ar(h¡tt:~ctLlra! Rt'vj:~w 80ard o Zoning P:::rrnit o Bl~iid¡n? Per-mil o (Jth21 I Certific.ctte Numb~r..:. I i .." ~._.~-....:..:. /.. é/tJ('¡1'(j P¡9tfe6 ( ) , ...: ''-., ,...-.'.-..-....... .._~-~--- '-"-"-:-==-=--=?-===::::::.-'-' ---~::=-=.:.~-;~:=:':===:~'~::.~::~:.:.... /' \.., ,.-' " - (, f !.;". 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";:. , ~,:~:~~;2!<o" ~IJ'> :: ,-~':"-__::_.:"':-:-'-:-"::::-.__"::': .._..~...::.. -:::-_::-::':"::--:-~~.i._........_. ;_::-~:f'::~',_:.;..~"?'"':::=::;:::==:::::~:.".:~:~.~:.~-::.:R:':"'" ..... -·~·_:.·~.~~~~··.=~T":::"-'::::::'=~-~':~=~::'~~~~=:·===~::.::3.=:~:--:=.:~~.:~~=:::~ .,~::~=.~'_~::::.~:~::':.:._-:;::'R~'. .-........,-:---:--:"':-"""n . ...... ..__..~-- ( ___..:_:...:2..¿-=::':':".o.::~-~ -,~-:.:::::::':': .---. .-.-.- ---... ..---.......: I-"'I,D ~;..,';,.,.' l \;:J C(' ~"~'R:.!t';: ,'. ()CN'·~ ~~.: ~ < " - ,........ .. i ~-._.. ...~_..:..i..:.==-.. ~-~..- ..~... -. .._~_.~ ,i ,! .;, ., ,i .¡ ATTACH"1ENT D Architectural Review Board Minutes November 9, 2006 Page 5 , Blanton- yes Mr. ichert- yes Mr. hlueter- yes Mr. Ste enson- yes Ms, Katz- yes 4, Request from Aubrev M, Hicks for a Certificate of Appropriateness for an asphalt- shinQled replacement roof at 648 Dav Avenue. S,W, Mr. Aubrey Hicks appeared before the Board and stated that he was the homeowner at 648 Day Avenue, S,W, He said he had a very short statement in rebuttal to the background letter that he was sent with the package telling him about the meeting, He said he wanted to read the letter and would answer any questions anyone had. He said the letter was in response to the letter he received telling him about the ARB meeting. He said the letter contained several misleading statements, He said first of all, he only violated the stop work order once, He said the second discrepancy was the color of the shingles on over 50% of the roof was onyx black and was a 30-year architectural shingle, not gray as stated in the paperwork, He said at the time the inspector wrote the stop work order, there were two sides and one dormer covered in new shingles, He said that was closer to 50% than 40%, He said he felt like those errors would serve no other purpose than to show that he had tried not to do what was right. He said he had made mistakes and would be the first one to admit that, but he wanted those mistakes noted on the record, He said since it already said in the letter that the recommendation was to deny his request, he would like it noted so when it went to City Council, the accurate response would be there, He said the Board's recommendation of a half-and-half roof was not acceptable to him or his neighbors, He said he didn't understand how he could re-roof something and paint it black to match the shingles, He said he thought that would be one of the most horrible things to do and would ruin the value of his home, He said if everyone felt strongly about a metal roof needing to go back on his home, it was an expense he could not afford and if the Board found it so that he needed to convert the roof to an architectural shingle, then he would gladly accept any grants to replace it with metal. He said he loved metal roofs, the sound of them when it rains, unless he had buckets and pails and was bailing water and throwing it out the window because of a tropical storm or hurricane. He said he would be happy to answer any questions anyone has, Ms, Beckett said staff recommended denial of the application because it did not meet the guidelines for Basic Design Principles or the guidelines for roofs, She Architectural Review Board Minutes November 9, 2006 Page 6 said if the applicant was not willing for a compromise, she would recommend denial of the application as it stood. Ms, Katz said that it was really tough when the Board knew that Mr. Hicks knew better, She said Mr. Hicks knew he should have come before the ARB to begin with and he just started work, She said he left the Board so little leeway in helping him do the right thing, Mr. Hicks said as he explained to Ms, Beckett, right after the stop work order was issued while she was on vacation, he thought the people doing the work had done the appropriate things, He said now he knew that they had not. He said he called Ms, Beckett willing to try to make things right but he did not have the financial resources to re-metal the roof, He said that would be additional $15,000 he did not have, He said as far as leaving half the roof shingled and the other half new metal and painting it black to match the shingles, he did not see where it was acceptable, Mr. Richert said based on the sequence of events, whether there was one or two work orders, the fact that the Board was not given an opportunity to give an evaluation of the condition and repairability of the existing roof, and the fact that the replacement roof was not consistent with the guidelines, did things that the Board would normally not accept. He said there was no way that he could vote to validate Mr, Hick's actions. Mr. Hicks said he would state his case, He said he had neighbors that walked around and did nothing more than snitch on other neighbors and stood in front of his house and pointed at the roofers, and 30 minutes later had a building inspector with a stop work order at his property, He said that was not right. He said he was threatened with arrest over a civil matter and understood that he could be fined, He said after talking with Ms. Beckett and she basically reiterated the same thing that Mr, Richert just did, he said he no choice, He said he had a wife and two grandchildren that stayed with him and had to make sure they had a secure roof over their heads, He said he had talked with people in the past, had photographs and turned in a piece of the old roof. He said he talked with Mr. Schlueter a few years ago and was referred to him by a realtor friend of his, He said Mr. Schlueter had really good ideas about saving old roofs, He said when it got to the point where a small shower would flood his upstairs he had to do something, He said if everyone else on the Board was concurrent with Mr. Richert, he wanted the Board to give him his paperwork so he could go file with the City Council, He said he did want to waste anybody else's time, Architectural Review Board Minutes November 9, 2006 Page 7 Mr. Schlueter asked Mr. Hicks if he took any of the alternatives to repair the roof a couple of years ago, Mr. Hicks said yes, He said he and Mr, Schlueter talked about a new product coming out on the market a couple of years ago, He said it was a rubberized type of roofing that went on like paint and sealed even badly deteriorated roofs, He said he was never able to fjnd that product. He said he paid a contractor to put a coating on it which was not recommended either, but he thought if it got him a few years until things were better, he would pursue the roof, Mr. Schlueter asked Mr, Hicks if he did the things recommended to him or had someone come and do something that was not correct. Mr. Hicks said as the Board could tell from a photograph presented, that there was a coating on the metal. He said he paid a guy to come out and put a supposed waterproof coating on the roof and it worked for about the first two or three thunderstorms, He said the problem with the condition of the roof was that it was so old and uneven that it was like a roller coaster. He said he has had people come out and try to tap the roof down, seal it and nothing has worked, He said he was doing the best he could, He said when he took the house over it had been rental property for five years, He said his house was the first house on the block to make any kind of change. He said he was doing the best he could and if that was not okay, he would take it to City Council. Mr. Harwood asked Mr. Hicks if he had a roofing contractor submit a quote or take a look at the roof in terms of putting on the liquid EPD. Mr. Hicks said he never found anyone that dealt with that. He said what was put on the roof was a metallic colored, fiber coating which did not work at all. Mr. Harwood asked Mr. Hicks how many years ago that was, Mr, Hicks said that it was applied to the roof about six years ago, Ms, Blanton said she was not on the bus tour and did not get to see the roof. She said Ms. Beckett had correctly stated their standards that the Board encourages retaining and maintaining historic materials where repairing them was possible, She said she was sorry that he did not come before the Board when he had gotten in touch with Mr. Schlueter. She said she hoped that people knew they could also get in touch with Anne Beckett because she was a good resource for alternative ways to repair. She asked Mr, Hicks if they were at the Architectural Review Board Minutes November g, 2006 Page 8 beginning of the project and he had not started replacing the roof and provided photographs, would the roof be repairable, She said if things were beyond repair and could not be salvageable their first choice would be to repair and replace it in-kind with another metal shingle roof, She said the cost was 2 to 2 Y, times as expensive as the asphalt shingle roof. She asked the Board if the roof could be repaired, Ms, Katz said it was hard to tell from just sitting on the bus, She said it was only one side left and was really hard to tell one way or the other. Mr. Richert said he did not know, Mr, Hicks said that was the best side, He said the guys doing the roof prioritized where the swimming pools were on the inside of the house, He said they had kiddy swimming pools in the attic to retain the water. He said looking back, it started out as an oversight and had gotten way out of proportion, He said he had people show up on the weekends with five police officers and were trying to take him to jail for protecting his house, He said something needs to stop, Mr. Schlueter asked Mr. Hicks the name of the roofing company, Mr. Hicks said that was not necessary, Mr, Schlueter said he was interested because they were working on Saturday, Mr. Hicks said that Anne Beckett was working also, Ms, Botkin said that she agreed with Mr. Richert's and Ms, Blanton's comments. She said that Ms, Beckett was not working on that Saturday, She said they did have the City cleanup that day and that was how that matter came before the Board again, Mr. Hicks said it came before the Board again because right after he got the stop work order from the Building Inspector, he came down to City Hall and got the appropriate forms, filled them out and turned them in. He said when Ms, Beckett got back from vacation she told him that it was no way it would be approved. He said he was told by the police that it was a civil matter and he could be fined, He said he would pay the fine if it protected his house he had worked on for thirteen years, He said Ms. Beckett showed up and the first words out of her mouth were did she know him, and the second words were he was in big trouble, and would be going to jail that day and she was going to make an example of him, Architectural Review Board Minutes November 9, 2006 Page 9 Ms, Botkin said regardless, he started work on the roof without approval from the Board. Mr. Hicks said he understood that and had apologized for that. He said when the roof matter was resolved he would not be a problem again, He said he was held hostage because he could not give the house away because he owed money on it and he could not sell it because anyone that would buy a house with half a roof, was not mentally competent enough to sign a contract. He said eventually it would leak through and he would lose everything he had, Ms, Blanton said they needed to get back to the process in place, She said he had a historic roof that was character defining to the house. She said the photographs showed that the roof was in pretty bad shape and possibly repairing it was not an option and wanted to move into the next stage of whether or not he was allowed to replace it and with what. Mr. Hicks said he apologized, He said there were houses on both sides of him that had architectural shingles, Ms, Katz said if Mr. Hicks had gone through the proper process and brought the issue to the Board before, the Board may have approved it. She said it was an architectural grade shingle which they had approved in the past. She said the color was appropriate to the house also, Mr. Hicks said he apologized for putting the cart ahead of the horse. Ms, Katz said that was the second time, Mr. Hicks said the first time he did not know, He said the second time he thought it had been taken care of by the people he was paying to do it. He said he was still sitting there with a roof that, when it was finished, would complement his house and his neighbors' houses, He said he was willing to work within reason, Mr. Richert stated that was off of the subject and suggested the Board vote, The application was denied by a roll call vote of 4-3, as follows: Ms, Botkin- no Mr, Harwood- no Ms, Blanton- yes Architectural Review Board Minutes November 9, 2006 Page 1 0 Mr. Richert- no Mr. Schlueter- no Mr. Stephenson- yes Ms. Katz- yes Mr, Chittum stated to Mr, Hicks that the agent would be sending him the outcome of the meeting along with an appeal application within a few days. 5, Request from Demos & Vasiliki Tsiakas, represented bv BudQet SiQns. LLC for a Certificate of Appropriateness approvinQ a new awnino and sian and represented bv Giuseppe Pualiese for a Certificate of Appropriateness approvina a new paint color at 125 Campbell Avenue, S,E. Mr. Ed Armentrout with Budget Signs appeared before the Board and stated that there were three items as part of the application, He said the first was for dimensional letters mounted flat on the face of the building in the same location as existing aluminum sign that is to be removed, He said the second item was for a black fabric awning and the third was for painting the building, He said he could speak for the first two items, He said the dimensional letters were simple letters, He said they were flat mounted on the building and are pin mounted into the building with minimal penetration. He said the black awning was high quality and tastefully done, He said he understood that the staff had objections because of obscuring the transoms, He said it was a very attractive, fabric awning and the painting would highlight some of the features of the building. Giuseppe Pugliese appeared before the Board and said he would be painting the front. Ms, Katz asked Mr. Pugliese if he had the paint chips with him, Mr. Pugliese said no, Mr. Schlueter asked Mr. Pugliese if he was painting the whole building, Mr. Pugliese said yes. He said he wanted to do black to match the awning, He said he wanted to make it look nice, Ms, Katz asked if the top bar over the door was painted or not. Mr. Pugliese said the door would be painted black and the rest would be cream :' 8. 9. ATTACHHE)¡T E VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF 1Vb?~f m ¡.j,~«: ¿,fio'¡ #1 , ¡-¡,~ ,) (¿;4<t Olij lJve.5£i) ø~j(e. t!¡g. ) ) PETITION FOR APPEAL ,- This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended, 1. Name of Petitioner(s): lÎu,bt2.ï /17. ¡..þ./(f I../Ñ¡)¡¡ /11, J!,èk'5 2. Doing business as (if applicable): /Jj.q. 3. Street address of property which is the sUbjeUf this appeal: (pqt {)~7 J!fup 5tj .t:(¡¡i4Nt1l(.e. ,?-,!O ¡,b Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: It - 2 4. 5, Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: //-0:/- 0.6 . 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330 if H-1 or Section 36.2-331 if H-2): ,3&,2- '{3 J 7, Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review ~oard: To el¡!~" ,0ef,;/ 7J¡J- 'µ'l~+- 1)ft-5 U,Jr~tJlJl)-f~IoJQ. ,LJtfl, M hi ':;;OI"',jÜ , v"rl{ (. r WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted, ' Signature of Owner(s) If not Petitioner): Signature of Petitioner(s) or representative(s), where applicable: a1.Q~~~ Name: f1. :j,'d5' (print 0 type) Name: l-ìNDH ß7, ¡/,cK) (print or type) cJJ,vva,~~~ Name: L{Unt1- 1'J?-;ftèlrJ (print or type) Name: (print or type) ------------------------------------------------------------------------------------------------------------ TO BE COMPLETED BY CITY CLERK: Received by: ~ æ Ÿ'Y-yðh.- ,,' Ci:âj ~¿ Date: U / I ~/ot. , , "'~~ ~.'l....A~.., i",. ... ,.. . , .... '~~ . , , 'U CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church .-henue. S. W.. Roolll456 Roanoke. Virginia 24011-1536 Tt'lephnnc: (5-101853-25-11 }o',:u:: I 05.:10) 8S.~-J I-IS E-mail: dcrkl.if roanokenl.J,:fl\" SHEILA 1\'. IIARTI\.IAI\ Assistant t:it)' Oerk STEl'IiA~1E ~1. MOO:-l. Ole Alo(ing City t1t'rk November 14, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Aubrey M. Hicks and Linda M. Hicks in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 648 Day Avenue, S. W. The petition was filed in the City Clerk's Office on Friday, November 14, 2006. Section 36.2-530(c)(S), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, December 18, 2006, 7:00 p.m., City Council agenda. Sincerely, ~rn,~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure K:IAPPEALS TOTHE ARßIAPPEALS 2006\648 DAY AVSW AUBREYANDUNDA HICKS,DOC The Honorable Mayor and Members of the Roanoke City Council November 14, 2006 Page 2 pc: Mr. and Mrs. Aubrey M. Hicks, 648 Day Avenue, S. W., Roanoke, Virginia 24016 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development LoraJ. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board K:\APPEALS TO THE ARB\APPEALS 2006\648 DAY AVSW AUBREYANDLlNDA HICKS,DOC CITY OF ROANOKE OFl<'ICE OF THE CITY CLERK 215 Church .-henne, S. Woo Room 456 Roanoke. Virginia 240 J J ·15.16 Tdl'pbone: (5..01 K53-25·U FlIx: IS-IO) 85.'·11-15 E-mail: d~rk(~~rOlln(lke'·a.go\· SHEILA I'.IL\KTMA:-¡ Assislunt CilJ Clerk STEl'II,\:-¡IE M. M()()~. CMC Acting Cit)' C1t'rk December 20, 2006 File #15-110-178 Ms. Gail R. Burruss 2519 Creston Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Burruss: At a regular meeting of the Council of the City of Roanoke, which was held on Monday, December 18, 2006, you were appointed as a Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Christie Wills ending August 31, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the Roanoke Redevelopment and Housing Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period offive years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office. 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." Ms. Gail R. Burruss December 20, 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 Commissioner of the Roanoke Redevelopment and Housing Authority. Sincerely, ~h)/~o-n) Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359, w/enclosure Gregory W. Feldmann, Chair, Roanoke Redevelopment and Housing Authority, 3602 Peakwood Drive, S. W., Roanoke, Virginia 24014 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 the Council of the City of Roanoke, which was held on the eighteenth day of December 2006, GAIL R. BURRUSS was appointed as a Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Christie Wills ending August 31, 2010. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 2006. ~,~ Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gail R. Burruss, 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 Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Christie Wills ending August 31, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT BY , CLERK it .. ...;.' ~;t' '~l!1>\" CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church A \'elm'" S. W.. Room -156 Roanoke. Virginia 1-1011-1536 TclClhone: (5~O) R5J-2541 Fax: ¡s.an) K.53-114:- E-mail: clcrk<.q..ro:.mokl.\"a.gu\" SHEILA N, HARTMAN Assistant City C1l'rk STEI'HA'o;1E ~1. ~IO(JN. nIl' Acting City Clerk December 20, 2006 File #1 5-110-379 Mr. Jim B. Lee S 15 Darwin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Lee: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 18, 2006, you were appointed as a member of the Roanoke Valley Greenway Commission, to fill the unexpired term of Barry Baird ending June 30, 2008. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\¡lalh and It'~\"ing !'€'rviœ\Ro,lIlOke \':¡lIry grc't'nw.:t}' cl!mmi~~i()1)Vjm H. Lef' oath1l6.do(' Mr. Jim B. Lee December 20, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation or your willingness to serve the City of Roanoke as a member of the Roanoke Valley Greenway Commission. Sincerely, ~h1.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018, w/enclosure Donald R. Witt, Chair, 3332 Kenwick Trail, S. W., Roanoke, Virginia 24018 K:\Oõ.lLh anJ k;,¡ving :>t·r....il:e\Rt13n(lI\t:~ \'alley gle~~II\\'ay "'(Immi~.~it1nVim B. I.t't' llõ.llh06.doc 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 eighteenth day of December 2006, JIM B. LEE was appointed as a member of the Roanoke Valley Greenway Commission, to fill the unexpired term of Barry Baird ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 2006. ~~.~ Acting City Clerk K:\nath and k.\\·i..n~ st:I\"l\:e\RI)r!.m)ke \allc)" gretTlway "::\'mllll.;,~i\'n\hTII B. Ix":: ~)ath06.\loc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jim B. Lee, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Greenway Commission, to fill the unexpired term of Barry Baird ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK £\.:\(1..1111 am.! k'a\"ing se"\"k~\R'-'an,-,kl' \'illky glcellw:Jy c()nulli.~si\lnVlm B. U't'lI<.l.lhO(,.dl'C ,,~1lliJ,1 - r.. ' ,t:.~~ .' , .-.":. ~ CITY OF ROANOKE OFFICE OJ<' THE CITY CLERK 215 Church Avenue, S. W.. Room 456 Roanoke, Virginia 241111-1536 Telcphtlßt:': (5i-lOI85J-2S41 Fax: IS40)HS3-1145 [-mail: c1l'rk@rounokc,·a.g:o," SHEILA r;. IIARHIA:> As.'iistuot Cil)" Clerk STEI'IIA"IE ~1. ~100''. CMC Acting CitJ Clerk December 20, 2006 File #1 5-110-192 Ms. Judy Jackson 1211 Orange Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Jackson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 18, 2006, you were appointed as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Ms. Judy Jackson December 20, 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 member of the Roanoke Civic Center Commission. Sincerely, ~N.~M) Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure pc: Linda Vaught, Secretary, Roanoke Civic Center Commission, w/attachment 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 the Council of the City of Roanoke, which was held on the fourth day of December 2006, JUDY JACKSON was appointed as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2009. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 2006. ~~"h\I~ Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Judy Jackson, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:\n;lIh ilnù ka\'illg. ~CI\'iI.;¡.:\Alh CII'mll1!:~llln\iud}11 oath O(i.Ùo(' CITY OF ROANOKE OFFICE o.F THE CITY CLERK 21S Church ,heuuc, S. W., ({oom 4S6 Roanoke. Virginia 24011-IS36 Tdl'pluJIl€': 15401853-2,':-·'" Fux: (:>40) 853·1145 E-nmil: derk@roanllke\"a.gu\" SHEILA N, HAIlTM,A~ Assistant (:it)" Clerk STEPI1A~1E M, MOO", Olt' A.ding (1,), C'Jf'rk December 20, 2006 File #15-110-230 Mr. Douglas C. Jackson 2121 Windsor Avenue, B, S. W. Roanoke, Virginia 24015 Dear Mr. Jackson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 18, 2006, you were appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Susan W. Jennings ending June 30, 2008. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath amlleíl\'ing, "'l.."n:iœ\Arb CUI11Tlli.ssi(!Il\)()ugla.~ C J,ll"bun oath 06.lIoc Mr. Douglas C. Jackson December 20, 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 member of the Roanoke Arts Commission. Sincerely, ~Yn.~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: Judith M. St.Clair, Secretary, Roanoke Arts Commission K:\nath amllea\'ing \er\'i(,è\¡\n~ C\lmmi!.!-.inn\Don¡;;la..; C .I::t\:k.~"n ClJth O~.dl'(' 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 eighteenth day of December 2006, DOUGLAS C. JACKSON was appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Susan W. Jennings ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 2006. ~rn,~ Acting City Clerk K:\oath and leaving sen.'ice\Ar1s Commission\Douglas C Jacks(ln (lath 06.dC'lC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Douglas C. Jackson, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, to fill the unexpired term of Susan W. Jennings ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY __, ..., ____, CLERK K:\o:uh :md [I';l\"illg sl·r\'io:~'\Art.; C\lmmi:.sil1n\D;:lugla:. C Jal·k.~('n l1ath Ofl.JUl"