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HomeMy WebLinkAboutCouncil Actions 08-20-07 TRI N KLE 37862-082007 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 20, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RoII Call. Council Members Lea and Mason were absent. Council Member Wishneff arrived late. The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, August 23, 2007, at 7:00 p.m., and Saturday, August 25, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND. RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE 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.CLlCK ON THE SERVICE ICON, CLICK 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. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Oliver White Hill, Sr., civil rights attorney and former resident of Roanoke. Adopted Resolution No. 37862-082007. (5-0) Proclamation declaring Friday, August 31, 2007, as Hokie Pride Day. Ceremonial copy was presented to Brian V. Wilson, President, Roanoke Valley Hokie Club. 3. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday, May 21, 2007, and Monday, June 4, 2007. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved 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)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Clerk advising of the resignation of William D. Bestpitch as a City representative to the Roanoke Valley-Alleghany Regional Commission. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 3 C-4 Qualification of Dale A. Edmonston as a member of the Human Services Advisory Board, to fill the unexpired term of Frank Feather, for a term ending November 30, 2010; and Daniel E. Karnes as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term ending August 31,2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A communication from Mayor C. Nelson Harris with regard to the Cou ntryside Project. Matter was tabled until the 7:00 p.m. session of Council. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Crime Analysis Grant from the Virginia Department of Criminal Justice Services; and appropriation and transfer of funds. Adopted Resolution No. 37864-082007 and Budget Ordinance No. 37865-082007. (5-0) 2. Acceptance of a Woodmen of the World grant for two 30-foot flag poles and accompanying flags to be displayed in front of the Police Building on Campbell Avenue. Adopted Resolution No. 37866-082007. (5-0) 4 3. Authorization to execute the 2007-2008 CDBG Agreement with the Roanoke Redevelopment and Housing Authority for infrastructure improvements associated with revitalizing the Hurt Park public housing site. Adopted Resolution No. 37867-082007. (S-O) 4. Authorization to execute an Agreement with Roanoke Emergency Medical Services, Inc., to reflect current services. Adopted Resolution No. 37868-082007. (5-0) 5. Authorization to execute an Agreement with EventZone, for continuation of special events and festivals, for a period of one year, with the option to renew for two additional one-year periods. Adopted Ordinance No. 37869-082007. (5-0) 6. Transfer of funds to support the Mill Mountain Zoo capital improvement projects. Adopted Budget Ordinance No. 37870-082007. (5-0) 7. Authorization to execute an Amendment to the Lease Agreement with the Virginia Department of Health with regard to City-owned property located at 515 and 530 Eighth Street, S. W. Adopted Ordinance No. 37871-082007. (5-0) b. DIRECTOR OF FINANCE: 1. Financial Report for the month of June 2007. 2. Presentation of the Unaudited Financial Report for Fiscal Year 2007. Received and Filed. 7. REPORTS OF COMMITTEES: a. A communication from the Roanoke City Planning Commission with regard to the naming of Countryside Golf Course and the Roanoke Civic Center Special Events Center. R. Brian Townsend, Agent, City Planning Commission. Action with regard to the naming of the Countryside Golf Course was tabled indefinitely; and per instructions by the Council, a briefing regarding the current policy on naming facilities will be presented at a future Council meeting. o 5 b. Request of the Roanoke City School Board for appropriation of funds to various school programs; and a report of the Director of Finance recommending that Council concur in the request; and appropriation of funds. Richard C. Patterson, Director for Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37872-082007. (5-0) 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. a. Inquiries and/or comments by the Mayor and Members of City Council. . b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Chris Craft and Robert Gravely appeared before the Council. 12. CITY MANAGER COMMENTS: The City Manager announced that the dedication of the flag poles from the Woodmen of the World and Citizen Hero Awards will be held on Tuesday, September 11, 2007 at 11 :00 a.m., at the Police Headquarters on Campbell Avenue. CERTIFICATION OF CLOSED SESSION. (5-0) 6 The following individuals were appointed/reappointed: Sheriff Octavia Johnson and Deputy Police Chief Steve B. Lugar were appointed as City representatives to the Court Community Corrections Program Regional Community Criminal Justice Board for terms ending June 30, 2010. The City Attorney was instructed to prepare the proper measures reappointing Linda D. Frith and F. Gordon Hancock as Directors of the Economic Development Authority for terms of four years, each, ending October 20, 2011. The City Attorney was instructed to prepare the proper measure designating Council Member Beverly T. Fitzpatrick, Jr., as the Voting Delegate, and Council Member Alfred T. Dowe, Jr., as the Alternate Voting Delegate for the Business Session and meetings of the Urban Section of the Virginia Municipal League on Tuesday, October 16, 2007, in James City County, Virginia. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 AUGUST 20, 2007 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RoII Call. Council Member Mason was absent. The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, August 23, 2007, at 7:00 p.m., and Saturday, August 25, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. C" 8 PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Virginia Warriors 16-and-under Basketball Team, (for winning the 2007 Youth Basketball of America National Championship. Adopted Resolution No. 37863-082007. (-0) A. PUBLIC HEARINGS: 1. Request of Presbyterian Community Center, Inc., and PCC Land Company, LLC, that a portion of real property located at 1246 Jamison Avenue, S. E., be exempted from real estate taxation. Darlene L. Burcham, City Manager; and Tom MacMichael, Director of Family Programs, Presbyterian Community Center, Inc. Adopted Ordinance No. 37873-082007. (6-0) 2. Request of Robert Fielding that a portion of an alley running parallel with Wasena Terrace, S. W., be permanently vacated, discontinued and closed. Robert Fielding, Spokesperson. Adopted Ordinance No. 37874-082007. (6-0) 3. Request of Echo Sentinel Group, LLC, and Unified Human Services Transportation Systems, Inc., that 3151 Street, N. W., between Baker Avenue and Breckenridge Avenue, as well as a portion of Breckenridge Avenue; and a 1 5-foot wide alley running in an easterly direction to its terminus at 3151 Street, N. W., be permanently vacated, discontinued and closed. Joseph Lokhamp and Curtis Andrews, Spokespersons. Action on Ordinance was tabled until Tuesday, September 4, 2007. 4. Request of Danny L. Beamer that a proffered condition on property located at 2219 Franklin Road, S. W., be amended, to allow a free standing sign until the existing building has been demolished. Danny L. Beamer, Spokesperson. . Adopted Ordinance No. 37875-082007. (6-0) 5. Request of The Rescue Mission of Roanoke, Inc., that three parcels located at 632 and 624 Bullitt Avenue, S. E., be rezoned from .IN, Institutional District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 37876-082007. (6-0) 9 6. Request of The Rescue Mission of Roanoke, Inc., that a proffered condition relating to a development plan for property located at 401 Tazewell Avenue, S. E., be amended to allow for construction of a metal storage building. Stan King, Facilities Manager, Spokesperson. Adopted Ordinance No. 37877-082007. (6-0) 7. Request of Plantation and Kanter that property located at 1302 Kimball Avenue, N. E., be rezoned from MX, Mixed Use District, to 1-1, Industrial District, subject to a certain condition proffered by the petitioner. Jake Copty, Spokesperson. Adopted Ordinance No. 37878-082007. (6-0). 8. Request of the City of Roanoke that Carlisle Avenue, S. E., at its intersection with 16th Street, be permanently closed by barricade. Darlene L. Burcham, City Manager. Denied. (1-5, Council Member Lea voting yes.) 9. Proposal of the City of Roanoke to convey City-owned property located at 1301 Third Street, S. W., to Youth Intercept Services, Inc., an agency licensed by the Virginia Department of Health, Mental Retardation and Substance Abuse Services. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37879-082007. (6-0) 10. Proposal of the City of Roanoke to extend the Lease and Agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the purpose of operating and maintaining the Mill Mountain Zoo, for a term of five years. Darlene L. Burcham, City Manager. . Adopted Ordinance Nos. 37880-082007 and 37881-082007. (6-0) 11. Proposal of the City of Roanoke to grant a temporary construction easement across the entirety of City-owned property to the Roanoke Higher Education Authority, and the placement of a mobile kitchen to be used by Virginia Western Community College as a culinary lab. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37882-082007. (6-0) B. OTHER BUSINESS: 1.(a) Petition for appeal of a decision of the Architectural Review Board, filed by Dawn S. Waters, with regard to window replacements at 377 Albemarle Avenue, S. W. 10 (b) Report of the Architectural Review Board with regard to the above- referenced petition for appeal. Barbara Botkin, Chair. Matter was referred back to the Architectural Review Board, with the understanding that Ms. Waters would work with the Board on a design for framing the replacement windows in order to bring the home into . I compliance. C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. A communication from Mayor C. Nelson Harris with regard to the Countryside Project. (Item was tabled during the 2:00 p.m. session of the Council) Council concurred in the following recommendations: . Renew the current contract for one additional year and plan to issue a RFP next spring for any additional management services needed. . Conclude transaction for proposed property exchange with the Airport Commission. . Authorized staff to determine if expansion by existing business adjacent to the golf course can be accommodated without undue interference with the current golf course operation and negotiate the sale of this limited area of the property. . Not seek formal proposals for the balance of the property's development for at least a year to allow time to assess the current housing market conditions. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON WEDNESDAY, AUGUST 22, 2007, AT 12:00 P.M., IN THE ROANOKE VALLEY RESOURCE AUTHORITY COMMUNITY ROOM, 1020 HOLLINS ROAD, N. E., FOR A JOINT MEETING WITH ROANOKE COUNTY BOARD OF SUPERVISORS AND ROANOKE VALLEY RESOURCE AUTHORITY. 11 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 C. NELSON HARRIS Mayor August 20, 2007 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: This is to advise you that I will not be present for today's proceedings. With best regards, ~. ~ Gwendolyn W. Mason Council Member GWM:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk Council Members: Alfred T. Dowe, Jr. Bevetly T. Fitzpatrick, JI. Sherman P. Lea Gwen W. Mason David 8. Trinkle Brian J. Wishneff .p~ ..Jl.'~~. ~-'-~'.' ; ~-.:: .....,. .' -~- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853.1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk August 21 , 2007 Mr. Oliver W. Hill, Jr. 3108 Noble Avenue Richmond, Virginia 23222-2528 Dear Mr. Hill: I am enclosing copy of Resolution No. 37862-082007 memorializing your father, the late Oliver W. Hill, Sr., civil rights attorney and former resident of Roanoke. On behalf of the Mayor and Members of the Roanoke City Council, I wish to extend sincerest condolences upon the loss of your father. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007. Sincerely, . m. mu()-yv Stephanie M. Moon, CMC . . C City Clerk SMM:ew Enclosure pc.: Alice B. Roberts and Margaret B. Roberts, 411 Gilmer Avenue, N. W., Roanoke, Virginia 24016 ~~,. J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37862-082007. . A RESOLUTION memorializing the late Oliver W. Hill, Sr., civil rights attorney and former resident of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hill on Sunday, August 5, 2007; WHEREAS, Mr. Hill was born Oliver White in Richmond on May I, 1907, and after his parents divorced, he took the surname of his stepfather; WHEREAS, when he was six years old, Mr. Hill's family moved to Roanoke, Virginia, where he spent much of his childhood; WHEREAS, in 1922 Mr. Hill's family left Roanoke to move to Washington, D.C., where he graduated from Dunbar High School, entered Howard Law School in 1930, and graduated \ second in Howard's Class of 1933; WHEREAS, after graduation, Mr. Hill returned to Roanoke to set up a law practice, but the Depression made cases too scarce and he eventually moved to Washington, and then to Richmond; WHEREAS, while Mr. Hill was able to support himself by drawing up wills and handling divorces and accident claims, he was also starting to wage battles over equal rights; WHEREAS, in 1940, Mr. Hill won his first civil rights case in Virginia involving equal pay for black and white teachers; WHEREAS, eight years later, Mr. Hill was the first black 'elected to Richmond's City i_.ll'..'.. Council in the 20th Century; WHEREAS, in 1954 Mr. Hill was a lead attorney in one of a series of lawsuits against racially segregated public schools that led to the U.S. Supreme Court's landmark Brown v. Board of Education decision, which changed American society by setting the foundation for integrated education; WHEREAS, a lawsuit argued by Mr. Hill in 1951 on behalf of students protesting deplorable conditions at their high school for blacks in Farmville became one of five cases decided under Brown; WHEREAS, working with the National Association for the Advancement of Colored People, Mr. Hill labored for years against Jim Crow segregation laws, and his legal team filed more civil rights lawsuits in Virginia than were filed in any other Southern state, which eventually yielded historic changes in black voting rights, school bus access, jury selection and employment protection; WHEREAS, though blind and in a wheelchair in recent years, Mr. Hill remained active in social and civil rights causes, and was active in the day-to-day operations of his law firm until 1998: WHEREAS, Mr. Hill was among four leaders in the fight for civil rights in Virginia who received the National Bar Association's annual Wiley A. Branton Award in 1993; WHEREAS, in 1993 Mr. Hill received the prestigious American Bar Association's highest award for public service, the Pro Bono Publico Award, for his contributions to free legal service to the poor; WHEREAS, in 1999 then President Clinton awarded Mr. Hill the Presidential Medal of Freedom, the nation's highest civilian honor; WHEREAS, in 2005 the National Association for the Advancement of Colored People honored Mr. Hill with its Spingarn Medal for distinguished achievement; WHEREAS, this past May state officials unveiled images of a memorial planned on the State Capitol grounds in Richmond that features Hill and the students who staged the 1951 school walkout at Farmville; WHEREAS, in May Mr. Hill greeted Queen Elizabeth II during her visit to the State Capitol to commemorate the 400th anniyersary of the founding of Jamestown, the first permanent English settlement in North America; and WHEREAS, in May the Gainsboro house at Fourth Street and Gilmer Avenue where Mr. Hill grew up was purchased by the Oliver Hill Foundation, with help from the City of Roanoke, to use as a headquarters for free legal assistance, using a staff of law students. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Oliver W. Hill, Sr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hill's son, Oliver White Hill, Jr., of Richmond, Virginia. AT'a::?~ J.. u.~;m rv, h ~~ CitYCie~k~ '-- i ) Office of the Mayor CITY OF " ROANOKE / the Roanoke Valley has, had a long and mutually beneficlal ~elationship with Virginia Tech and i~s alumni and supporters, and the Roanoke Valley is home to many thausands of Virginia Tech alumni andfriends; and ,. , WHEREAS, WHEREAS, Virifnia Tech has brought positive attention to Southwest Virginia in -academics, research and athletics, and the City of Roanoke takes pride in the accomplishments of the University; and WHEREAS, the Virginia Tech Hok:i? Club and the Virginia Tech Alumni Association will promote Friday, August 31, 2007, as the eighth annual "Holde Pride Day", in order to allow supporters' to demonstrate their Holde pride. NOW, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, do' hereby proclaim Friday, August 31, 2007, throughout this great All' . America, City, as .. HOKlE PRIDE DAY. ( Given under our hands and the Seal of the City of Roanoke this 'twentieth day of August in the year two thousand and seven. ATTEST: ~fQ.~ Stephanie M Moon City Clerk " c C. Nelson Harris Mayor / 10 . " " \ i \ I I , i CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853.2444 FAX, (540) 853-1145 C. NELSON HARRIS Mayor August 20, 2007 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c..1(~~ C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE, (540) 853-2444 FAX, (540) 853-]]45 C. NELSON HARRIS ~ayor August 21 , 2007 Mr. William D. Bestpitch 381 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bestpitch: Your resignation as a member of the Roanoke Valley-Alleghany Regional Commission was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, August 20, 2007. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Member of the Roanoke Valley-Allegheny Regional Commission from July 6, 2004 to August 20, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, C. Ne son Harris Mayor CNH:SMM:ew Enclosure pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission Stephanie M. Moon, City Clerk ' . .)~: (0 1; '" IZ ~ ~ ~ n 0 ~ ~ >-J ~~ >-J (j ~ tn tI:I>rj ~ ~ ~ ~S N - lZl >-J ~~> .... ....... >-J t""' "'rj >-JlZl ....... O>-J o ;geg ~ lZl t"" ~ >-J~ tl ~O~ > .... 'i:j ~ s:: <:S:: .~ Gi gJlZ . g~~~~ >-3 0 CIl tn OQ >rj ~ tli 0 >-J", " ::; >< 0 ~ tI:I . z 653 9''''~~~ eo ...., "'rj >rjt'"' ~ NNH 0 t"j tli >- ~n o8lZlt'"'>rj CIl tj 8 8.j>.g;tI:I>-J ..., ...., '"d Of) ,~ gj o~g; '"d '"d >-l 0 (")~ lZl z~ .... G; ::J~ o~ >-J ..., ~z ~ ~n C"':l (j (")~ tI:I . ~ ....... rt>1 t>1 ~ N >- ~~j Of) 0 :.l 0 >-3 ~ -.l ....... . 0 ~ ~ ~ ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1S36 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, Cl\IC City Clerk Cecelia R. TJ'ree Assistant Deputy City Clerk o August 20, 2007 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: This is to advise you that William D. Bestpitch has tendered his resignation as a City representative to the Roanoke Valley-Alleghany Regional Commission. Sincerely, ~4i't~~(..) 411. ~ Stephanie M. Moon, CMC City Clerk SMM:snh <fl~ -".~,. .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S. W., Room 4S6 Roanoke, Virginia 24011.1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 21, 2007 Randy L. Leftwich, Chair Human Services Advisory Board 515 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Leftwich: This is to advise you that Dale A. Edmonston has qualified as a member of the Human Services Advisory Board, to fill the unexpired term of Frank Feather ending November 30, 2010. Sincerely, ' - )),. ~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office K:\oath and leaving service\Human Services Advisory Board\Dale A AfIlhonty quali.doc Oath or Affirmat;i'~h of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dale A. Edmonston, 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 Human Services Advisory Board, to fill the unexpired term of Frank Feather ending November 30, 2010, according to the best of my ability (So help me God). bl Subscribed and sworn to before me this ~ day of ~2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT (/'#/--t'c6A j)ENfTY, CLERK K:\oath and leaving service\Human Services Advisory Board\Dale Anthony II 3020 lO.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 2IS Church A venue, S. W., Room 4S6 Roanoke, Virginia 24011-IS36 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 21, 2007 Joseph W. Lee, III, Vice-Chair Roanoke Redevelopment and Housing Authority 31 5 25'h Street, S. W. Roanoke, Virginia 24014 . Dear Mr. Lee: This is to advise you that Daniel E. Karnes has qualified as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term ending August 31, 2011. Sincerely, 4t:t1~M. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Glenda Edwards, Interim Executive Director, Roanoke Redevelopment & Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office K:\oath and le~ving service\Roanoke Redevelopment and Housing Aulhority\Daniel E Karnes qualLdoc 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, Board of Commissioners, for a term ending August 31, 2011, according to the best of my ability (So help me God). . Subscribed and sworn to before me this Q day of Idn':;NlSv2007. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT BY~&w/ -:J:J'-lif'1 , CLERK "<l <1P~ -,~ '~<1il-' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELlA R. 1YREE Assistant Deputv City Clerk August 21, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37864-082007 accepting the Crime Analysis Grant to the City of Roanoke from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of, Roanoke at a regular meeting held on Monday, August 20, 2007. Sincerely, 4tf/.~fn ~OWV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police u;:; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37864-082007. A RESOLUTION accepting the Crime Analysis grant to the City from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Crime Analysis grant offered by the Department of Criminal Justice Services in the amount of $12,653.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $4,218.00 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated August 20,2007. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ;t;t.,J ~rn ~ ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk August 21, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I arn attaching copy of Budget Ordinance No. 37865-082007 appropriating funds from the Commonwealth of Virginia for the Crime Analysis Grant, and amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, At;J~ In. ~wV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police .~<;> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37865-082007. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Crime Analysis Grant, amending and reordaining certain sections of the 2007- 2008 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 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Crime Analysis Grant FY08 Crime Analysis Grant Local Match FY08 35-640-3454-1004 35-640-3454-1120 $ 15,672 1,199 35-640-3454-3454 35-640-3454-3455 12,653 4,218 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 7st:rJ.1J-~J,m. M OlMJ City Clerk. \: ~- r ! i -~.! ......... CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Faxo (540) 853-1138 City Web: www.roanokeva.gov August 20, 2007 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: Crime Analysis Grant Background: The police department employs a full time crime analyst who is responsible for completing time sensitive reports, responding to citizen and officer requests for information and making criminal forecasts or projections based on crime trend analysis. Projecting future crimes by date and location is a time consuming process and, due to the significant amount of other duties the crime analyst completes, very little time is available to make these valuable projections. To remedy this problem, the police department applied for and received a grant from the Department of Criminal Justice Services. The granted amount is $12,653, and it will be used to provide salary for a part time Crime Data Technician. The Crime Data Technician will assist the Crime Analyst with criminal forecasts and other duties. The grant requires a cash match of $4,218 which is available in the Local Match Funding for Grants account (35-300-9700- 5415). ell ( Recommended Action: Accept the Crime Analysis Grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as approved by the City Attorney. Honorable Mayor and Members of City Council August 20, 2007 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate for State grant funds of $12,653. Transfer local cash funding of $4,218 from account 35-300-9700-5415 and appropriate total funding of $16,871 in a Grant Fund account to be established by the Director of Finance as follows: Appropriation: DescriPtion Account Amount Temporary Employee Wages FICA 1004 1120 $15,672 $ 1, 1 99 $16,871 Total Respectfully submitted, Darlene L. Bu cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM07-00110 011~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853~2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC . City Clerk CECELlA R. 1YREE Assistant Deputy City Clerk August 21, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37866-082007 authorizing the acceptance of a gift of two 30-foot flag poles, and accompanying flags from Woodmen of the World/Omaha Woodmen Life Insurance Company. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007. Sincerely, ~~-~.))--Y}, mOW Stephanie M. Moon, CMC \. City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police ..-:-::::' , It?l8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37866-082007. A RESOLUTION authorizing the acceptance of a gift of two 30 foot flag poles and accompanying flags from Woodmen of the World/Omaha Woodmen Life Insurance Company. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The gift of two 30 foot flag poles and accompanying flags to be displayed in front of the police building, along Campbell Avenue, on each side ofthe police memorial, as set forth in the City Manager's letter dated August 20,2007, to this Council is hereby ACCEPTED, and by this resolution, City Council expresses its appreciation to Woodmen of the World/Omaha Woodmen Life Insurance Company for the gift. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance ofthe gift, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of the gift. ATTEST: h?,mc City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov August 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of Council: Subject: Gift of Flags and Flag Poles Background: The Woodmen of the World/Omaha Woodmen Life Insurance Company is an equal access fraternal benefit society that provides member benefits and contributes to many community based civic projects. One such project is the Woodmen's "In honor and Remembrance". This project provides deserving civic groups with flags and flag poles during ceremonies on September 11 th of each year. The ceremonies are in honor and tribute to America's heroes. The new police complex was completed without the placement of a flag on display. The police department requested to be considered by the Woodmen as a recipient of an "In Honor and Remembrance" donation. On July 5, 2007, the Woodmen notified the police department that it was to receive a grant for two 30 foot flag poles and accompanying flags to be displayed in front of the police building, along Campbell Avenue, on each side of the police memorial. The items are to be installed by building maintenance. The grant has a cash value of approximately $1,000 and. there is no match requirement. Recommended Action: Adopt a Resolution to accept the grant for the two flags and flag poles, with thanks to the Woodmen and authorize their placement in the area described Honorable Mayor and Members of City Council August 20. 2007 Page 2 above, authorize the City Manager to execute any required agreement or related documents, in such form as is approved by the City Attorney. Respectfully submitted, Darlene L. B rcham City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development A. L. Gaskins, Chief of Police CM07-00119 -.>:'!4 :'.': ),1" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E~mail: clcrk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. lYREE Assistant Deputy City Clerk August 21, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37867-082007 authorizing the appropriate City officials to enter into a 2007-2008 Agreement with the City of Roanoke Redevelopment and Housing Authority, and providing Community Development Block Grant funds for infrastructure improvements associated with the Hurt Park Public Housing Revitalization Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007. Sincerely, .~,~~ Stephanie M. Moon, CMC ' City Clerk SMM:ew Attachment pc: Glenda Edwards, Interim Executive Director, Roanoke Redevelopment & Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader {\o'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37867-082007. A RESOLUTION authorizing the appropriate City officials to enter into a 2007-2008 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing Conununity Development Block Grant funding for infrastructure improvements associated with the Hurt Park Public Housing Revitalization Project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf ofthe City, a 2007-2008 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing Conununity Development Block Grant funding for infrastructure improvements associated with the Hurt Park Public Housing Revitalization Project, including any documents providing for indemnification by the City that may be required for the City's acceptance of this grant, such documents to be approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 20, 2007 to this Council. ATTEST: W~m.,~ City Clerk.' R-RRHA-CDBG funding - Hurt Park 8-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 20, 2007 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: 2007-2008 CDBG Agreement with RRHA for Infrastructure Improvements Associated with Revitalizing Hurt Park Public Housing Background: As part of its ongoing efforts to eliminate aged and obsolete public housing in the City of Roanoke, the Roanoke Redevelopment and Housing Authority ("RRHA") applied for and was awarded $5.65 million in Low-Income Housing Tax Credits to replace the public housing development in Hurt Park. With the tax credit equity and other private financing, the RRHA will construct forty (40) homes using a rowhouse design with two or three townhouses per structure. This first phase of the redevelopment will cost $7.7 million. A future phase may provide up to 27 additional townhouses at the site. At its meeting on April 16, 2007, Council adopted Resolution No. 37736-041607, authorizing amending the Consolidated Plan to make $300,000 of Community Development Block Grant ("CDBG") funds available for infrastructure improvements associated with this project, as part of a total $1.0 million CDBG infrastructure commitment. Council authorized the remaining $700,000 of this CDBG funding by adopting Resolution No. 37803- 061807 and Ordinance No. 37804-061807 at itsJune 18,2007, meeting. Honorable Mayor and Members of City Council August 20, 2007 Page 2 Considerations: In order to provide access to the CDBG funding, Council authorization is needed for the City Manager to execute a CDBG Agreement with the RRHA. The Agreement contains a mutual indemnification clause in which both parties agree to indemnify the other for damages and expenses incurred as a result ofthe other party's conduct. The effect ofthe clause is that, in certain circumstances, the City would be waiving its defense of sovereign immunity. Recommended Action: Authorize the City Manager to execute a 2007-2008 CDBG-funded Agreement with the RRHA, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager Attachments: 1 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Glenda Edwards, Interim Executive Director, RRHA R. Brian Townsend, Assistant City Manager for Community Development Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader CM07-00120 AGREEMENT This Agreement is made and entered into this first day of July, 2007, by and between the following parties: The "Grantee" City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The "Sub grantee" City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WI TNE SSE TH: WHEREAS, the Subgrantee has applied to the Commonwealth of Virginia for and been awarded Low- Income Housing Tax Credits to demolish and redevelop its Hurt Park public housing site (the "Project"); and WHEREAS, in support of the Subgrantee efforts, the Grantee committed up to $1.0 million in Community Development Block Grant ("CDBG") funds to assist with the infrastructure costs of the Project; and WHEREAS, by Resolution No. _- , the Council of the City of Roanoke, Virginia, ("Council") approved the execution of this Agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES: a. General - The Subgrantee shall use the CDBG funds provided by the Grantee under this Agreement of Roanoke for items of Infrastructure necessary to the construction of forty (40) units of rental housing on the site of its former Hurt Park Public Housing Development. located on Salem A venue. Such Items of Infrastructure may include: . New wa1er lines including items of fire protection, fire hydrants, fire vault, valves, and pipe installation . Sanitary sewer lines including manholes, basins, and associated piping . New storm sewer and drainage including inlets and piping . Public roads including curb and gutter, curb cuts, sidewalks, road base preparation, and asphalt . Erosion control of work related to the specified public infrastructure . Associated design of listed infrastructure ("A&E") . Project and Contract Administration of infrastructure work . Associated bonds, permits, and mobilization Page I of 23 Pages It is understood that the CDBG funds provided under Ihis Agreement shall be used solely for costs of CDBG-eligible new infrastructure improvements in publicly dedicated rights-of-way or easements, including, but not necessarily limited to, the items listed above. No CDBG funds provided under this Agreement shall be used to repair or maintain existing infrastructure. Activities shall conform to plans, designs, and specifications submitted to and approved by the Grantee's Department of Planning, Building and Development. Such plans and specifications are incorporaled into this Agreement by reference. b. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. (1) HUD Outcome Measurement: The primary outcome addressed by this program with respect to the HUD Performance Measurement System is to: . Create a suitable living environment through improved sustainability of the public infrastructure in the Hurt Park neighborhood. (2) Specific Quantifiable Objectives: It is expected that this projec1 will achieve the following: . By June 30, 2008, the Subgrantee will complele all infrastructure improvements called for under the Scope of Services. 2. PERIOD OF PERFORMANCE: Unless amended, this Agreement shall be for the period beginning July 1,2007, and ending June 30, 2008. 3. BUDGET: The total funding provided by the Grantee under this Agreement shall not, without amendment of the Agreement, exceed $997,316.00. Funding sources and amounts are as follow: Account Amount 35-G06-0637-5429 35-G08-0837-5429 $300,000.00 $697.316.00 $997,316.00 CDBG funds provided by the Grantee may be expended for necessary, reasonable and allowable costs associated with the activities described in section 1 and consistent with the estimated budget provided at Attachment 4. However, neither the purchase of real property nor the purchase of equipment is allowable under 1his Agreement without the Grantee's prior, written consent. 4. REQUESTS FOR DISBURSEMENTS OF FUNDS a. This is a cost-reimbursement Agreement. Disbursement of funds under this Agreement may be requested only for necessary, reasonable and allowable costs for which the Subgrantee has made payment during the period of performance set forth in section 2 above. Page 2 of 23 Pages b. In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Neighborhood Services in form and content satisfaclory to the Grantee, including copies of invoices or bills from vendors supporting the request. Such supporting documentation will bear a date paid stamp, indicating the date and check number by which the cost was paid or be accompanied by an agency payment voucher providing this information. Requests for disbursement of funds related to the paymenl of staff wages and benefits shall be supported by payroll summaries or similar documentation. c. Disbursement of requested funds to the Subgrantee for properly documented necessary, reasonable and allowable costs will generally be made within ten (10) days of receipt, subject to the timely receipt ofreports (see section 6 below). d. All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 2 above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. 5. RECORDS REOUIREMENTS a. Records to be maintained - At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of24 CFR 570.506, and 570.507, as applicable. b. Period of record retention - In compliance with the requirements of 24 CFR 570.502(b), the Sub grantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records - The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. 6. REPORTING REOUIREMENTS a. Progress reports shall be due on the first working day October 2007, December 2007, February 2008, April 2008 and June 2008, in a format acceptable to the Grantee's Department of Neighborhood Services. Such reports shall include, but need not be limited to: (1) The project name, period covered by the report, and the name and phone number of the person completing the report; (2) A narrative of the progress made during the reporting period in the activities covered under this Agreement. (3) A narrative regarding any circumstances encountered which may delay completion of the activities covered under this Agreement in a timely fashion and the Subgrantee's efforts to minimize the impact of such circumstances. Page 3 of 23 Pages b. A final report shall be due on the first working day August 2008, in a format acceptable to the Grantee's Dcpartment of Neighborhood Services. This report shall describe the infrastructure improvements made under the Agreement, including quantified measures (numbers, linear feet or other appropriate quantities) to assist the Grantee in its annual reporting to HUD. c. The Sub grantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this Agreement. 7. ANNUAL AUDIT AND MONITORING: The Subgrantee shall provide for an independent, annual audit of all expenditures under this Agreement, in accordance with OMB Circular A-B3. Two copies of the audit report shall be furnished to the Grantee within 30 days after completion of the audit. In addition, it is the Grantee's intent to conduct financial, compliance and performance monitoring of the Subgrantee, which may include on-site reviews, at least once during the period of this Agreement. (See also section 9 of Attachment 1 to this Agreement.) 8. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B and all other applicable federal regulations relating to specific activities under this Agreement. Further, the Subgrantee agrees to require compliance with applicable federal regulations by any contractors and/or subcontractors. 9. LABOR STANDARDS: This Agreement is subject to federal Davis-Bacon Act requirements. a. Except with respect 10 the rehabilitation of residential property designed for residential use by fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of $2,000.00 for the construction, rehabilitation, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the U.S. Department of Labor, under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of ils obligation, if any, to require payment of the higher rates. The Sub grantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. These provisions are detailed in Attachment 2 to this document. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. b. The Subgrantee shall be responsible for obtaining all necessary wage determinations and for receiving, reviewing 1he accuracy of and correcting any errors in weekly payroll records from contractors pertaining to this Agreement and the Project. The Grantee shall examine such Page 4 of 23 Pages records for compliance with applicable regulations during monitoring or other reviews. 10. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Sub grantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. NOlices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 11. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 12. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Virginia (1950). as amended. the Grantee of Roanoke does not discriminate against faith-based organizations. 13. REVERSION OF ASSETS: Upon expiration of this Agreement. or amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or program income on hand at the time of expiration, or received after such expiration, and any accounts receivable attributable to the use of CDBG funds. Page 5 of 23 Pages 14. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is anticipated. 15. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer 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 Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 16. OTHER PROGRAMJPRO.TECT REOUlREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CPR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. a. Section 109 - In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment B.) b. Conditions for religious organizations - Religious organizations may participate in activities under this Agreement on the same basis as any other entity. However, religious organizations may not use any CDBG-assisted property or funds in any manner that promotes inherently religious purposes, nor may such organizations require religious activities on the part of persons seeking assistance provided under this Agreement. c Debarment and suspension - In accordance with 24 CPR 24, the Sub grantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Sub grantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http://epls.amet.gov, to ascertain the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Neighborhood Services the names of contractors and subcontractors selected under this Agreement, including a certification by the Sub grantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. Page 6 of 23 Pages d. Uniform administrative requirements - The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. e. Conflict of interesl-ln accordance with 24 CFR 570.611, no covered individual who exercises any functions or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in conneclion with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 17. INSURANCE REQUIREMENTS The Subgrantee involved in this Agreement shall maintain the insurance coverages set forth in Attachment 3 to this Agreement and provide the proof of such insurance coverage as called for in Attachment 3. Such insurance coverage shall be obtained al the Subgrantee's sole expense, approved by the Grantee's Risk Manager, maintained during Ihe life of the Agreement and shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. Additional insured endorsements, if required, must be received by the Grantee within 30 days of the execution of this Agreement or as otherwise required by the Grantee's Risk Manager. 18. INDEMNIFICATION: Each party to this Agreement shall indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of the party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. In the event that the parties are jointly or concurrently negligent, each shall indemnify and hold harmless the other party to the extent of its own negligence. 19. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 20. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. Page 7 of 23 Pages 21. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Sub grantee shall be incorporated by written amendment into this Agreement. 22. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Sub grantee. Further, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided, the Subgrantee shall remain fully obligated under the provisions of this Agreement. Any third party shall comply with all applicable requirements of this Agreement. (See also section 5 of Attachment 1 to this Agreement.) 23. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 24. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 25. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 26. AVAILABILITY OF FUNDS CDBG funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. (This space intentionally left blank.) Page 8 of 23 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager WITNESS: FOR THE SUB GRANTEE: By By Katie L. Drewery, Executive Assistant (Note: Executive Director is the Board Secretary) Glenda Edwards, Interim Executive Director APPROVED AS TO CDBGIHOME ELIGIBILITY APPROVED AS TO FORM Department of Neighborhood Services Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # 35-G06-0637-5429 35-G08-0837-5429 $300,000.00 $697.316.00 Page 9 of 23 Pages Attachment 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1. "Section 3" Compliance in the Provision of Training, Emplovment and Business Opportunities: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining Agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Sec1ion 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Sub grantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Sub grantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors, its successors and assigns to those sanctions specified by the grant or loan Agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Page 10 of 23 Pages 2. Equal Emplovment Opportunity: Contracts subiect to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Subgrantee agrees as follows: A. The Sub grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer: recruitment or recruitment advertising: layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining Agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Sub grantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this Page II of 23 Pages contract may be canceled, terminated or suspended in whole or in part, and the Sub grantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. G. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Sub grantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in Ihe event a Sub grantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States. The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Sub grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Sub grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of its and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon the Subgrantee and its contractors by the Department or the Secretary of Labor pursuant to Part 11, Subpart D, of the Executive Order. fn addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. 3. Nondiscrimination Under Title VI of the Civil Ril!hts Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee Page 12 of 23 Pages shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying Oul the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Section 504 and Americans with Disabilities Act: The Sub grantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. 5. Oblil!ations of Subl!rantee with Respect to Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the project with respect to which assistance is being provided under this Agreement to the Subgrantee. Any third party or parties designated by the Subgrantee shall comply with all lawful requirements of imposed upon the Subgrantee to insure that the project, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the applicable federal requirements, including 1hose with respect to the assumption of environmental responsibilities of the Grantee under Section 104(h) of the Housing and Community Development Act of 1974. 6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 7. Prohibition Al!ainst Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto: provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 109 of 1he Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, sex, disability, religion or nalional origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. 9. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 11375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the Page 13 of 23 Pages rules and regulations promulgated pursuant thereto by the Sub grantee. Information obtained in this manner shall be used onl y in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Lel!al Remedies for Contract Violation: If the Sub grantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the Grantee may take one or more of the following actions, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee; b. Disallow all or part of the cost of the activity or action not in compliance; c. Wholly or partly suspend or terminate the current Agreement; or d. Take other remedies that may be legally available. (This space intentionally left blank.) Page 14 of 23 Pages Attachment 2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS Applicabilitv: The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.1.(i) Minimum Wa~es: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act - 29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contairied in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Ac1 on behalf of laborers and mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(l)(iv); also, regular contributions made or costs incurred for more that a weekly period (but not less often 1han quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5 (a)(1)(ii) and the Davis-Bacon poster (WH-132I) shall be posted at all times by 1he contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be seen easily by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rale and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and Page 15 of 23 Pages (2) The classification is utilized in the area by the construction industry: and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD and its designee, to the Administrator for f\determination. The administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contract shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon written request of the contractor, that the applicable standards of the Davis-Bacon Act has been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140) 2. WithhoIdinl!: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any olher Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is help by the same prime contractor so much of the accrued payments or advances as may be considered necessary to help pay laborers Page 16 of 23 Pages and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause Ihe suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.(i) Payrolls and Basic Records: Payrolls and basic records relating thereto shall be maintained by the contractor during the course of 1he work preserved for a period of three years thereafter for all laborers and mechanics working at the site of work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section (I)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(I )(iv) that the wages of any laborer or mechanic includes the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017) (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5 (a)(3)(1). This information may be submitted in any desired form. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1). U.S. Government Printing Office, Washington. DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(1) and that such information is correct and complete; Page 17 of 23 Pages (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3: (3) That each laborer or mechanic has been paid not less that the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above classifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make records required under paragraph A.3.(i) of this section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontracts fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be ground for debarment action pursuant to 29 CFR Part 5.12. 4.(i) Apprentices and Trainees - Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually regi.<;tered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employmenl and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed on his or her first 90 days of probationary employment as an apprenlice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractors as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percenlages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provision of Page 18 of 23 Pages the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees: Excepl as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeyman on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefit lisled on the wage determination unless the Administrator of the Wage and Hour Division delermines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprenticeships. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rale on the wage determination for the work actually performed. In addition, any trainee performing work on the job site shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (Hi) Equal Emplovment Opportunitv: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements: The contractor shall comply with the requiremcnts of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontractors: The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(I) through (10) ad such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include Ihese clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliances by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5 7. Contract Termination; Debarment: A breach of the contracl clauses in 29 CFR 5.5 may be ground for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Part 1,3, and 5 are herein incorporated by Page 19 of 23 Pages reference in this contract. 9. Disputes ConCerniUl! Labor Standards: Disputes arising out of labor slandards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor as se1 forth in 29 CFR Parts 5;6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or 1he employee or their representatives. 10. (i) Certification of Elhdbilitv: By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(l) orto be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the David-Bacon Act or 29 CFR 5.12 (a)(l) or to be awarded HUD contracts or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 100\. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of...influencing in any way the action of such administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints. Proceedin2s. or Testimonv bv Emplovees: No laborers or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any Subcontractor because such employees has filed any complaint or instituted or caused to be instituted ant proceedings or has testified or is about to testify in any proceedings under or relating 10 the labor standard applicable under this Contractor to his employer. B. Contract Work Hours and Safetv Standards Act: As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime Requirements: No contractor or subcontractor contracling for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week. (2) Violation; Liabilitv for Unpaid Wa2es; Liquidated Dama2es: In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the con1ractor or subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with Page 20 of 23 Pages respect to each individual laborer or mechanic, including watchmen and guards, employed in violation ofthe clause set forth in subparagraph (I) of this paragraph, in the sum of$1 0 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (I) of this paragraph. (3) Withholdinl! for Unpaid Walles and Liquidated Damal!es: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contraclor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (I) of this paragraph. (4) Subcontractors: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (I) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraph (I) Ihrough (4) of this paragraph. C. Health and Safety: (I) No laborer or mechanic shall be required to work in surroundings or under working condition which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54,83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. (This space intentionally left blank.) Page 21 of 23 Pages Attachment 3 City of Roanoke Subrecipient Insurance Requirements Your attention is directed to the insurance requirements below. Particular attention should be given to Best's Guide rating requirement listed below. Please consult your insurance carrier(s) or broker(s) regarding the insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may result in the interruption, suspension or termination of the activities under this Agreement. T Ipes of Insurance Covera e General Liability Auto Liability Workers' Compensation Required by Yes Yes Yes contract? Workers' $1,000,000 Combined $250,000 Combined Compensation to Minimum Limits of Single Limit Per Single Limit Per Statutory Limits; Coverage Occurrence Accident $100/50011 00 Employers' Liability Limit Minimum Best's A- VII; must be an A- VII; must be an A- VII; must be an Guide Rating 1 Other Requirements admitted insurer admitted insurer admitted insurer Additional Insured Endorsement Yes N/A N/A Required? Waiver of Yes N/A Yes Subrogation? Comments None Any insurance certificates evidencing coverage for which an additional insured endorsement is required must contain substantially the following language, "The City of Roanoke, its officers, agents, employees and volunteers are additionally insured for..." Additional insured coverage must be primary and the city's insurance program must be non-contributory. Page 22 of 23 Pages Attachment 4 Estimated Project Budget ITEM TOTAL NOTES Waterline Pi De $ 82,110 1 5t auarter of orolect Valves $ 17820 151 quarter 01 project Fire Hvdrants $ 12649 151 Quarter of proiect Fire Vault $ 34,700 15t Quarter of Droiect Sanitary Sewer Pipe $ 70,438 151 quarter of project Manholes $ 40,480 1st quarter of proiect Storm Sewer PiDe $ 90,563 151 auarter of oraieet Inlets $ 51520 1st quarter of proiect Public Road Curb and Gutter $ 93,610 2nd and 3rd auarters of oroiect Asohalt $ 121,900 4th auarter of oroiect Base Stone $ 48,760 2nd and 3rd ouarters of oroiect Curb cuts $ 33,120 3rd Quarter of proiect $ 19,320 3rd quarter of proiecl City Sidewalks $ 148,925 3rd auarter of Droieet Erosion Control $ 23,000 1 st auarter of oroiect Subtotal $ 888,914 5% Mobilization $ 44,446 15t auarter of oroiect .5% Permits $ 4,667 151 auarter of oroiect 1 % Bond $ 9,380 1st quarter of project Subtotal $ 947,407 AlE Deslan $ 26,374 at start AlE Contract Administration $ 3,712 1/4th each auarter Proiect Administration for 15 months $ 19,823 1/4th each auarter Total $ 997,316 The Subgrantee shall have the discretion to shift up to 15% of the funds In any line Item to another line Item without seeking the Grantee's approval, provided that the total funding budgeted shall not be altered except by amendment of the Agreement. The Subgrantee shall obtain the Grantee's approval for line item transfers greater than 15%. Page 23 of 23 Pages CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva,gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECEUA R. TYREE Assistant Deputy City Clerk August 21,2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7868-082007 authorizing execution of a Memorandum of Understanding between the City of Roanoke and Roanoke Emergency Medical Services, Inc., for the delivery of emergency medical services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007. Sincerely, ~~h,.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment I pc: Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget David Hoback, Chief of Fire-EMS cJh; IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37868-082007. A RESOLUTION authorizing the execution of a memorandum of understanding between the City of Roanoke and Roanoke Emergency Medical Services, Inc., (REMS) for the delivery of emergency medical services. WHEREAS, Roanoke Emergency Medical Services (REMS) has been a partner with Roanoke Fire-EMS since 1989 in the delivery of emergency medical services; and WHEREAS, the current agreement, which was last updated in 1993, needs to be revised to reflect the current demands of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a memorandum of understanding with Roanoke Emergency Medical Services, Inc. (REMS) for the delivery of emergency medical services, subject to the terms and conditions set out in the City Manager's report to Council of August 20, 2007. 2. Such memorandum and any other necessary and appropriate documents shall be in a form approved by the City Attorney. ATTEST: t:t1J~ )-Y"). ~tYV City Clerk. . CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephooe, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokcva.gov August 20, 2007 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: Agreement with REMS Background: Roanoke Emergency Medical Services (REMS) has been a partner with Roanoke Fire-EMS in the delivery of emergency medical services since 1989. The current agreement was last updated in 1993, and with the changes in service delivery capability, the agreement must be revised to reflect current services. The 1993 agreement required REMS to staff multiple ambulances out of two stations. The current agreement will require them to staff one advance life support ambulance for a minimum of 36 hours per week and a basic life support ambulance for 36 hours per week in a combination of emergency calls and emergency medical service stand-bys. The allocation of $130,000 annually is a decrease from $210,000 annually because of fleet maintenance doing service and repairs to ambulances and the additional coverage required for the lack of REMS coverage. The $130,000 annual allotment is outlined in the Memorandum of Understanding in the amount of $80,000 for emergency response standards and $50,000 is for first aid supplies and equipment. The proposed agreement between the City and REMS documents the City's annual $130,000 allocation to REMS that is distributed on a quarterly basis. The agreement also provides the level of service that is expected from REMS. This level of service involves response time to emergency calls, the standards for operating emergency equipment, and the standard of care administered by REMS volunteers. The agreement further stipulates that the City's EMS Honorable Mayor and Members of City Council August 20, 2007 Page 2 Field Operations Officer will be responsible for medical field operations providing oversight for the standard of care provided by REMS. The Memorandum of Understanding is attached. Considerations: City Council action is needed to authorize execution of the agreement on behalf of the City. Recommended Action: Authorize the City Manager to execute the agreement in a form approved by the City Attorney. Darlene L. Bur City Manager DLB:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations David Hoback, Chief of Fire-EMS Sherman M. Stovall, Director of Management and Budget CM07-00127 AGREEMENT THIS AGREEMENT entered into the 151 day of August, 2007, by and between the CITY of ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the "CITY", and ROANOKE EMERGENCY MEDICAL SERVICES, INC., a Virginia corporation, hereina(tl<r referred to as "REMS", WITNESSETH: THAT FOR AND IN CONSIDERATION of the undertakings of the parties of this Agreement, the CITY and REMS do hereby covenant and agree as follows: 1. Definitions - For the purpose of the Agreement, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. Advanced life support or "ALS" means the application by EMS personnel of invasive and noninvasive medical procedures or the administration of medications that is authorized by the Office of Emergency Medical Services. Includes the certification levels of: EMT- Cardiac, EMT-Intermediate and EMT-Paramedic. B. Attendant-in-charl!e or "AIC" means the certified or licensed person who is qualified and designated to be primarily responsible for the provision of emergency medical care. C. Basic life sUPPort or "BLS" means the application by EMS personnel of invasive and noninvasive medical procedures or the administration of medications that is authorized by the Office of EMS. This is the EMT- Basic level. D. Career - a compensated professional provider employed by the City. E. Volunteer - a non-compensated professional provider. F. Fire-EMS Department - responsible for the administration and coordination of all emergency medical services and related programs within the City. G. EMS Field Operations Officer - career supervisory personnel responsible for daily management of EMS field operations. H. Operator - a person certified pursuant to the rules and regulations of the Board of Health, Commonwealth of Virginia governing EMS as responsible for the operation of an emergency medical services vehicle. In addition to the minimum requirement established by the state, all operators are to be certified to a minimum ofEMT-Basic. 1. Provider - career or volunteer personnel who have successfully completed program pre-requisites for providing pre-hospital care and other associated functions within the City. J. EMS 15 - EMS station located at 374 Day Ave. SW owned and maintained by REMS. K. Class C EMS Vehicle - Primarily intended for the response to a medical emergency for the delivery of basic and advanced life support, and for the transportation of patients who require such care. II. Ambulances. equipment. supplies and facilities A. REMS shall staff EMS vehicles as follows: EMS 15 ALS Class C Ambulance 36 hours per week to include a preferred shift on Sunday 9 am -9 pm. Combination BLS unit and standbys 36 hours per week A monthly schedule shall be provided to the Battalion Chief - EMS and RS-l notified when vehicles are in and out of service. B. EMS vehicles are to remain at assigned facilities and be readily available for response. Exceptions will include when vehicles are active on a local response, mutual aid responses, out of service for repairs or as otherwise approved by the appropriate REMS representative or the EMS Operations Officer. C. Preventative maintenance will be performed on all vehicles to ensure the highest standard of operations and provide safety for all persons transported. Checking of routine maintenance items such as oil, water, gas, tire pressure, lights, communication equipment and sirens shall be the responsibility of on-duty providers assigned to the EMS vehicle. D. Unscheduled repairs or maintenance to EMS vehicles shall be handled through the on duty EMS Field Operations Officer and/or the Deputy Chief of Operations. E. The City of Roanoke will be responsible for maintenance and repairs to all Class C EMS vehicles. REMS owned vehicles may be maintained by an outside vendor and invoices for maintenance or repairs will be submitted to the City for payment. All City owned vehicles will be maintained by the City fleet maintenance facilities. F. Appropriate equipment and supplies for the delivery of basic and advanced life support care shall be provided as outlined in the Rules and Regulations, Board of Health, Commonwealth of Virginia governing EMS. G. First aid supplies shall be purchased and distributed by REMS, the City maintains the right to assume the responsibility for purchasing and distributing the first aid supplies and equipment with a thirty (30) day written notice to REMS with a $50,000.00 reduction in funds. H. REMS shall not dispose of or transfer ownership of any property or equipment heretofore or hereafter donated by the City to REMS without written agreement of the City. Should REMS cease to operate as a non- profit organization providing emergency medical service to the public, all right, title and interest of REMS in property or equipment heretofore and hereafter donated by the City shall vest in the City. REMS agrees, upon request of the City, to execute any documentation or take any other steps reasonably required to record, document or facilitate the transfer of ownership of such property or equipment to the City. III. Personnel A. Providers must meet all requirements identified in the Rules and Regulations, Board of Health, Commonwealth of Virginia governing EMS. B. REMS volunteers shall be selected through an approved membership process in accordance with the Rules and Regulations, Board of Health, Commonwealth of Virginia governing EMS and established local standards. C. All EMS agencies operating within the City shall be in compliance with the Rules and Regulations, Board of Health, Commonwealth of Virginia governing EMS relative EMS agency licensure. D. Personnel files for all providers shall be maintained to include the following: 1. Training records and certificates: 2. Virginia driver's license; 3. EVOC certification, if applicable: 4. Current address and phone number; and 5. Annual DMV driving record and license verification E. Complaints received relative to an EMS response or provider shall be investigated by REMS and the City. The Quality Assurance/Quality Improvement (QAlQI committee) and the Operational Medical Director or Associate Operational Medical Director will investigate all complaints involving clinical performance. Appropriate disciplinary action will be taken by respective administrative staffs to address valid complaints. Repetitive clinical performance deficits may result in decertification within the City. IV. Administration A. Providers shall conform to adopted operating procedures to ensure the orderl y and proficient performance of this Agreement B. Complete financial records and transaction of accounts made in connection with this Agreement shall be maintained. Such records include, but will not be limited to, purchase of supplies and equipment, administrative costs, vehicle maintenance expenditures and funds expended for training and continuing education. C. Upon receipt of reasonable notice, REMS shall make available to the City or its authorized agent, or its independent auditors, personnel and financial records as the same pertains to the performance of services pursuant to this Agreement. D. The Fire-EMS Department's Chief or designee shall serve as liaison between REMS and the City. Any notice or formal communications from REMS to the City shall be addressed to the following: Roanoke Fire-EMS Department 713 Third St SW Roanoke, V A 24016 E. REMS elected operations officer or designee shall serve as liaison with the City. Any notice or formal communications from REMS to the City shall be addressed to the following: Roanoke Emergency Medical Services, Inc. P.O. Box 1801 Roanoke, V A 24008 F. The City shall be responsible for approving all contracts, memoranda of understanding, and agreements relating to the delivery of EMS within the City. V. Operations A. The City shall attempt to ensure that service levels and performance standards are achieved. B. EMS personnel will not participate in the provision of patient care (responding on calls) until completion of OSHA training provided or approved by the City. C. The EMS Field Operations Officer (RS-l) will be responsible for emergency medical field operations, ensuring efficient and appropriate utilization of resources, and ensuring that the standard of care identified in local, regional, and State protocols is provided. D. All requests for emergency medical assistance shall be dispatched through the City's 911 Communications Center. Providers will document as a permanent record each emergency response utilizing the Red Alert Records Management System. Providers will also be responsible for obtaining and documenting required EMS Billing information. E. EMS units will be dispatched as recommended by the City's Computer Aided Dispatch (CAD) system. Dispatch sequence files will recommend appropriate response by nature of call. Response areas are established by the Fire-EMS Department. F. Providers shall, at all times, operate EMS vehicles in accordance with all applicable local and state laws and as defined in SaG's governing emergency vehicle operation. G. REMS will perform annual driver's license verification and driving record check through the State Division of Motor Vehicles and keep records in employee file. H. Providers shall inventory and properly stock all EMS vehicles with appropriate medical supplies in accordance with state regulations. 1. A Quality Assurance/Quality Improvement Committee comprised of City and REMS personnel shall meet every month specifically to review patient reports as they relate to standard of care delivered and identification of training deficiencies. J. The partnership between the City and REMS shall have a goal of responding to all ALS calls in eight (8) minutes or less 90 percent of the time, and all BLS calls in 12 minutes or less 90 percent of the time. K. REMS shall receive from the City an annual allocation of $130,000.00 distributed quarterly in the amount of $32,500.00/quarter. The break down is as follows: $80,000.00 Operations and EMS coverage as outlined in section l1.A $50,000.00 First aid supplies and equipment (including oxygen) VI. Miscellaneous A. REMS shall cause its motor vehicle liability, collision and comprehensive insurance policy or policies to be amended to name the City and City's officers, employees and agents as additional insured as their interests may appear on the above policies. The amount of motor vehicle liability insurance maintained by REMS shall not be less than $500,000.00 for any one (I) accident or loss. REMS shall furnish the City with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be cancelled or materially altered except after 30 days written notice to the City. The City in return will carry liability coverage for REMS personnel operating City owned vehicles. B. With respect to the subject matter of this Agreement, the City, its officers, agents and employees shall assume no liability for the wrongful acts or omissions of REMS or their officers or members; REMS, their officers 'and members shall assume no liability for wrongful acts or omissions of the City or its officers, agents and employees. C. In the performance of this Agreement, REMS shall not discriminate against any contractor, subcontractor, employee, applicant for employment or invitee because of race, religion, color, sex, or national origin, except where race, religion, color, sex, or national origin is a bona fide qualification reasonably necessary to the normal operation of REMS. D. The parties recognize and covenant that in providing services under this Agreement, REMS is acting as an independent contractor and not as an agent or employee of the City. E. The initial term of this Agreement shall be for a period of one (1) year commencing August 1, 2007. This Agreement shall automatically be renewed for up to four (4) additional one (1) year terms unless either party shall, 30 days prior to the expiration or any term, give written notice to the other party of the intent not to renew the Agreement. During the initial term of this Agreement and any extension, the City or REMS may terminate this Agreement prior to the expiration of the term by giving 45 days written notice to the other party. F. This Agreement constitutes the entire Agreement between the City and REMS and superseded all prior negotiations, representations or agreements, either oral or written, including the agreements dated September 5, 1989 and February 1, 1993. This Agreement may be amended only by written instrument signed by proper authorized officials on behalf of the City and REMS. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers on the day and dates written above. City of Roanoke By: Attest: City Manager City Clerk Roanoke Emergency Medical Services, Inc. By: Witness: REMS President , REMS Business Administrator <P~ .,.'"',~,~' .~- . .....) , ti/.fi:" . ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax. (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. lYREE Assistant Deputy City Clerk August 21, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I,am attaching copy of Ordinance No. 37869-082007 authorizing the City Manager to enter into an Agreement and to execute any other documents necessary to implement the terms of the Agreement between the City of Roanoke and eventzone.org, pertaining to the conducting of special events and festivals by EventZone in the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, f.t:tJ IJ.- ~~ M. l'Y1 ohV Stephanie M. Moon, CMC' C City Clerk SMM:ew Attachment pc:' Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation 1\\\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37869-082007. AN ORDINANCE authorizing the City Manager to enter into an Agreement, and to execute any other documents necessary to implement the terms of the Agreement, between the City of Roanoke and eventzone.org ("EventZone"), pertaining to the conducting of special events and festivals by EventZone in the City of Roanoke, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an - Agreement with EventZone, and to execute any other documents necessary to implement the terms of the Agreement, for Event Zone to conduct special events and festivals in the City of Roanoke, such Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated August 20, 2007, and similar in form to the Agreement attached to the City Manager's letter dated August 20, 2007, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading, of this ordinance by title is hereby dispensed with. ATTEST: '" , ~rn.~~, City Clerk. .( Q-EventZone Agreement 8-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.go\' August 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: EventZone Contract EventZone was created in 2003, when the Festival in the Park and the City of Roanoke's Special Events Committee joined forces to form an organization that would assure the continuation of quality festivals for downtown Roanoke and would provide a corporate umbrella that could assist in growing these events. The present Agreement between the City of Roanoke and EventZone expired July 1, 2007 and was extended for 60 days pursuant to the recently approved Contract Amendment. A new Contract has been negotiated with EventZone and is attached. The proposed Agreement between the City and EventZone offers an approved $9,000 increase from $181,184 to $190,184 that is distributed on a quarterly basis. The term of the Agreement will be for one (1) year with the City having the option to renew for two (2) additional one (1) year periods. Events to be ' conducted by EventZone have been updated to reflect the new and/or modified events. The Agreement further stipulates that EventZone will retain the rights for all food and beverage sales (including alcoholic beverages) for events held within City parks. EventZone will work directly with Civic Facilities in scheduling any events not held in City Parks and all logistics and rights to concession profits will be agreed upon based on each individual event. Finally, Victory Stadium has been deleted regarding field usage and damage, and Rivers Edge Sports Complex and Reserve Avenue Fields have been added. Honorable Mayor and Members of City Council August 20. 2007 Page 2 Recommended Action (s): Authorize the City Manager to execute the attached Contract with EventZone, with an effective date of July 1, 2007; such contract to be approved as to form by the City Attorney. Respectfully submitted, ~ham , City Manager Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director of Parks and Recreation CM07-00130 CITY OF ROANOKE, VIRGINIA CONTRACT This Contract is dated July 1, 2007, between the City of Roanoke, Virginia, a Virginia municipal corporation, hereinafter referred to as the "City" or "Owner", and eventzone.org ("EventZone"), a non-stock corporation organized under the laws of the Commonwealth of Virginia, hereinafter referred to as the "Contractor, " WITNESSETH: WHEREAS, Contractor has been awarded this Contract by the City for furnishing all equipment, materials, goods, labor, and services necessary for conducting and supporting events for the City of Roanoke, and associated work in accordance with this Contract and the documents referred to herein, all such items or services also being referred to hereinafter as the Work or Project. NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For and in consideration of the money hereinafter specified to be paid by the City to the Contactor for the Work provided for in this Contract to be performed by the Contractor, the Contractor hereby covenants and agrees with the City to fully perform the services, provide any materials called for, construct, and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: 1. Insurance Requirements (Exhibit 1) 2. Events to be conducted and supported by EventZone. . Cabin Fever Series . Star City Beach Music Festival . Festival in the Park . Party in the Park . Kickin" Country Nights . Miss Virginia Pageant Celebration . Holiday Tree Lighting . St. Patrick Day Celebration . AEP 5/10K Run . Big Lick Blues Festival C:\DOCUME-l \cmjh I \LOCALS-I \Temp\notesFFF692\Event Zone contract.doc 1 3. Events scheduled in City parks shall be scheduled to conclude promptly by 10:00 p.m. In case of exigent circumstances, EventZone may extend the event to 10:30 p.m. after which time the City Manager, after consultation with EventZone, may permit the event to continue beyond 10:30 p.m. to a time designated by the City Manager. The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any Contractor supplied documents or information. SECTION 2. CONTRACT AMOUNT. The City agrees to pay the Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract, the Contract amount of $ 190,184.00, as provided for in this Contract and that this Contract amount may be increased or decreased by additions and/or reductions in the Work as may be authorized and approved by the City, and the Contract amount may be decreased by the City's assessment of any damages against the Contractor, as may be provided for in this Contract or by law, and the City retains the right of setoff as to any amounts of money the Contractor may owe the City. SECTION 3. TERM OF CONTRACT. The term of this Contract will be for one (1) year, from July 1, 2007, through June 30, 2008 at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law. At the City's option, the Contract may be extended for up to two (2) additional one (1) year periods or any combination thereof. The City may exercise its option by giving written notice of such to the Contractor at least sixty (60) days before the expiration of any subsequent extension term. SECTION 4. CONCESSION RIGHTS. EventZone retains the rights to all food and beverage sales (including alcoholic beverages) for events directly administered by EventZone held within official City parks during the term of this Contract. EventZone shall obtain all necessary state and ,City permits to undertake such actions and must abide by all provisions set forth in such permits. EventZone will work directly with Civic Facilities in scheduling any events not held in City parks. Logistics and rights to profits shall be agreed upon based on each individual event. C:\DOCUME-l \cmjb I \LOCALS-I \Temp\notesFFF692\Evcnl Zone contract.doc 2 SECTION 5. FIELD DAMAGE. EventZone shall protect the fields at River's Edge Sports Complex and Reserve Avenue from damage in either of the two following ways: 1. EventZone shall provide a guarantee of $50,000.00 each year this Contract is in force to cover possible damage to the fields at either location. This guarantee can be in the form of an insurance policy, bond, or irrevocable letter of credit, the form of which shall be reasonably acceptable to the City Manager. Evidence of such guarantee shall be provided to the City at least 30 days prior to commencement of any event held at Rivers Edge Sports Complex Field(s) or Reserve Avenue Field(s), and shall be effective at least through fourteen (14) days after the conclusion of the event; or 2. Provide, install and remove an appropriate protective portable turf covering system, as approved by the City Manager, to prevent damage to the turf at either location. The determination of which option shall be used for an event will be within the sole discretion of the City Manager. In the event of inclement weather, the City may deem both locations, or any other venue of an event, unusable and advise EventZone of that determination. The determination of whether the field or other venue is useable shall be that of the City. EventZone shall be prohibited from using the area until such time that, in the City's opinion, the area is again fit for use. If the City determines that the area is unusable, the City shall use its best efforts to assist EventZone in relocating to a suitable alternate site, location and layout for any event planned to occur on the Rivers Edge Complex field(s) or Reserve Avenue Field(s). EventZone shall be responsible for keeping patrons off the field before, during and after any event if the fields are deemed unusable by the City. SECTION 6. ACCOUNTING. Within sixty (60) days after each event for which admission is charged in any manner, EventZone shall file with the City Clerk for the City of Roanoke, a statement setting forth all gross receipts, program expenses, and net revenues from each event, and a statement that all net revenues from each event will be expended in accordance with Resolution 24982, adopted by City Council on January 28, 1980. EventZone shall provide a copy, as confirmation, to the Director of Parks & Recreation. EventZone shall provide the following information to the City Clerk no later than April 15th of each year this Contract is in force and effect: 1. A complete and signed Federal Tax return covering all events conducted in whole or in part by EventZone during the year. C:\DOCUME-I \cmjb] \LOCALS- ] \Temp\notesFFF692\Event Zone contract.doc 3 2. A total for expenses and revenues for any events conducted in whole or in part by EventZone during the year. SECTION 7. ALCOHOLIC BEVERAGES. EventZone shall take reasonable measures to ensure that no alcoholic beverages or glass containers are brought onto City property under EventZone's control and that no coolers are brought into any venue. Alcoholic beverages may be sold by EventZone in accordance with Section 24-97 of the Code of the City of Roanoke (1979), as amended, and in accordance with applicable Alcoholic Beverage Control laws and regulations. The restrictions contained in this paragraph shall be included in the press packet prepared by EventZone. SECTION 8. PAYMENT OF TAXES AND FEES. EventZone shall pay promptly all applicable taxes and fees. SECTION 9. LICENSES AND PERMITS. EventZone shall obtain all licenses or permits as required by federal, state of local laws and ordinances, including any required assembly permits, temporary street closure permits, and permits for temporary structures such as tents, and EventZone shall provide evidence of compliance with such federal, state and local laws and ordinances upon demand by the City. Execution of this Contract shall not obviate the need for EventZone to obtain any permit or license required by the City, and EventZone shall be response for all application or filing fees in connection therewith. SECTION 10. INSPECTION. The City's Fire Marshall shall be permitted to inspect the operations of EventZone and of each vendor who contracts with EventZone to sell any product during any event conducted in whole or in part by EventZone. The City's Health Department Director, or the Health Department Director's representatives, shall be permitted to inspect the operations of EventZone and each vendor who contracts with EventZone to sell any products during any activity or event conducted by EventZone. EventZone agrees to abide by all Health Department regulations and assist in the implementation of any recommendation made by the Health Department concerning but not limited to, solid waste disposal, liquid waste disposal, rodent control, insect control, and recreational use of the Roanoke River. EventZone shall provide parking passes for two Environmental Health Specialist (EHS) for events taking place in Smith Park. EventZone shall also provide a work space in each area where events are being held for the EHS to utilize. C:\DOCUME-l \cmjb 1 \LOCALS-I \Temp\notesFFF692\Event Zone contract.doc 4 SECTION 11. SECURITY. At any event conducted by EventZone, EventZone shall hire off-duty City police officers and security guards employed by a private security service business licensed by the Department of Commerce of the Sate of Virginia to provide security and crowd control. At least thirty (30) days prior to the commencement of each activity or event conducted by EventZone. EventZone shall meet and/or communicate with the City of Roanoke Police department and representatives of other City departments as appropriate to discuss and provide the City with a written security plan which shall indicate the number and employment category of all security personnel to be used at the activity or event. Advance notice of this meeting of at least 15 days must be given to the Chief of Police for the City of Roanoke Police Department and the City Manager. The plan shall be subject to approval of the City, which approval, after consultation with EventZone, shall not be unreasonably withheld. At such time, EventZone shall present proof, satisfactory to the City, of the employment of required police officers and security guards. Private security guards shall have no authority to engage in law enforcement activities or perform security services off the areas occupied by the event. Approval of the security plan by the City shall constitute concurrence in the minimum number of personnel to be employed, but such concurrence will not relieve EventZone of its primary responsibility for determining and providing adequate security forces. SECTION 12. AGREEMENT TO QUIT PREMISES. DAMAGE TO PREMISES. EventZone agrees to quit all City property at the conclusion of any event conducted by Even Zone and to leave all City property in the same condition as at the commencement of the event, ordinary wear and tear expected. The original condition of all properties and facilities to be utilized will be determined by a "walk through" inspection conducted prior to the commencement of the event. Such inspection shall be conducted by representatives of both the City and EventZone at a time convenient to both. After discussing the matter with the City Manager, EventZone shall pay on demand to the City in cash the full cost of repairing to good condition or restoring to good condition any City property reasonable deemed by the City to have been damaged as a result of or arising out of EventZone's use of the property. SECTION 13. PAYMENT OF TAXES BY EVENTZONE. EventZone agrees to collect and pay the City, in accordance with the requirements of the City's Director of Finance or other official charged with the responsibility of administering such taxes, all taxes owing to the City that result from EventZone's activities related to the any event conducted by EventZone under this Contract, including but not limited to admissions tax pursuant to Article IX of Title 32, Code of the City of Roanoke (1979), as amended, and the prepared food and beverage tax pursuant to Article XIV of Title 32, Code of the City of Roanoke (1979), as amended. C:\DOCUME-l \cmjbl\LOCALS-I\Tcmp\notcsFFF692\Evcnt Zone contract.doc 5 SECTION 14. ACTION IN PUBLIC INTEREST. EventZone agrees that it is the policy of the City to serve the public In the best possible manner, and EventZone agrees that it, its employees and its agents, shall at all times cooperate with the City in effecting this policy and maintaining the public faith. SECTION 15. EMERGENCY MEDICAL SERVICES (EMS). EventZone shall provide adequate emergency medical services for any activity or event conducted in whole or in part by EventZone. SECTION 16. PAYMENT. The Contractor may submit a request for payment not more than one fourth (1/4) of One Hundred Ninety Thousand, One Hundred Eighty Four dollars and no cents ($190,184.00) on the last day of July, October, January and April of each year this contract is in effect. At no time shall the City provide funding of any type or amount or services for any event conducted in part or in whole by EventZone. The payment requested shall be for the services required by this Contract and approved by the City. If there are any objections or problems with the payment request, the City will notify the Contractor of such matters. If the payment request is approved and accepted by the City, payment will made by the City to the Contractor not more than 30 days after such request has been approved. SECTION 17. PAYMENTS TO OTHERS BY CONTRACTOR. The Contractor agrees that Contractor will comply with the requirements of Section 2.2- 4354 of the Virginia Code regarding Contractor's payment to other 'entities and the Contractor will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Contractor by the City. Contractor further agrees that the Contractor shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the Contractor equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. SECTION 18. HOLD HARMLESS AND INDEMNITY. , Contractor shall indemnify and hold harmless the City and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in C:\DOCUME-j \cmjbl \LOCALS-I\Temp\nOlesFFF692\Event Zone contract.doc 6 any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. SECTION 19. NO THIRD PARTY BENEFICIARY. The provisions of this Contract are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Contract be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided herein. SECTION 20. COMPLIANCE WITH LAWS AND REGULATIONS. Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. SECTION 21. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation (regardless of number of employees) and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors, and that they are properly licensed. SECTION 22. REPORTS. RECORDS. AND AUDIT. , Contractor agrees to maintain all books, records and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine, copy, and/or audit any of such materials during such period, upon prior written notice to Contractor. SECTION 23. INSURANCE REQUIREMENTS. Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibit 1 to this Contract and provide the proof of such insurance coverage as called for in Exhibit 1, including workers' compensation coverage regardless of the number of Contractor's employees. Such insurance coverage shall be C:\DOCUME-I \cmjbl\LOCALS-I\Temp\notesFFF692\Evenl Zone contracl.doc 7 obtained at the Contractor's sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 24. DEFAULT. If Contractor refuses or fails to perform any of the terms of this Contract, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Contract in whole or in part. In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. The City further reserves the right to immediately obtain such work or services from other entities in the event of Contractor's default. SECTION 25. NONW AIVER. Contractor agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Contractor extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Contractor and does not bar the City from requiring the Contractor to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and/or remedies it has or might have against the Contractor under this Contract or by law. SECTION 26. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 27. SEVERABILITY. If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. C:\DOCUME-I \cmjb 1 \LOCALS-l \Temp\notesFFF692\Event Zone contract.doc 8 SECTION 28. REFERENCE TO OFFICERS OF THE CITY. Any reference to the City Manager, the Director of Parks and Recreation, Director of Civic Facilities for the City of Roanoke shall be intended to include that person's designee. SECTION 29. ASSIGNMENT. EventZone shall not assign or transfer any right or interest under this Contract, including, without limitation, the right to receive any payment, without the City's prior written approval of satisfactory evidence of such assignment, and EventZone agrees that any such assignment without prior written approval of the City shall be null and void. SECTION 30. NONDISCRIMINATION. A. During the performance of this Contract, Contractor agrees as follows: i. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 31. DRUG-FREE WORKPLACE. A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and speCifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in C:\DOCUME-I\cmjbl\LOCALS-I\Temp\notesFFF692\Event Zone contract.doc 9 every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 32. FAITH BASED ORGANIZATIONS. Pursuant to Virainia Code Section 2.2-4343.1, be advised that the City does not discriminate aaainst faith-based oraanizations. SECTION 33. ASSIGNMENT. Contractor may not assign or transfer this Contract in whole or in part except with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof. SECTION 34. CONTRACTUAL DISPUTES. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the Contractor that the City disputes the amount of Contractor's request for final payment. However, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim :is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of Contractor's claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Va. Code. Failure of the City to render a decision within said 120 days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va, Code has been established for contractual claims under this Contract. C:\DOCUME-l \cmjbl\LOCALS-l \Temp\notesFFF692\Event Zone contract.doc 10 SECTION 35. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 36. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 37. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 38. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing. SECTION 39. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): To City: City of Roanoke Parks & Recreation Division Attn: Steven Buschor, Director of Parks & Recreation 210 Reserve Avenue Roanoke, Virginia 24016 Facsimile: (540) 853-1287 Copy to: City of Roanoke Purchasing Division Attn: Purchasing Manager Noel C. Taylor Municipal Building Room 353 Roanoke, Virginia 24011 Facsimile: (540) 853.1513 EventZone.org P.O. Box 8276 Roanoke, Virginia 24014 C:\DOCUME- I\cmjh I \LOCALS- I\Temp\notcsFFF692\Evelll Zooe contract.doc If to Contractor: 11 SECTION 40. PROTECTING PERSONS AND PROPERTY. The Contractor expresCsly undertakes, both directly and through its subcontractors, to take every reasonable precaution at all times for the protection of all persons and property at the location of the Work or in the vicinity of the Work or that may be affected by the Contractor's operation in connection with the Work. The Contractor will maintain adequate protection of all Contractor's Work to prevent damage to it and shall protect the City's property from any injury or loss arising in connection with this Contract and to protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. Contractor agrees to be responsible for the entire Work and will be liable for all damages to the Work, including, but not limited to, damages to any property of the City or to any property in the vicinity or adjacent to the Work. All damage with respect to the Work caused by vandalism, weather, or any other cause, other than resulting from the sole negligence of the City, shall be the responsibility of the Contractor. Furthermore, any damage to concrete curbs, gutters, sidewalks, or any existing facility, whether owned by the City or others that may occur during the Work shall be repaired or replaced by the Contractor, at Contractor's sole expense, as directed by and to the satisfaction of the City. SECTION 41. CONSIDERATION SUBJECT TO FUNDING. All funds for payments by the City under this Contract are subject to availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of non-appropriation of funds for cause or no cause by the City Council of the City of Roanoke, this Contract shall be considered terminated by the parties, without termination charge or other liability of the City, on the last day of the then current fiscal year or when the appropriation made for the then current year covered by this Contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of this Contract, cancellation will be accepted by EventZone or on thirty (30) days prior written notice, but failure to give such notice shall be of no effect, and the City Council of the City of Roanoke shall not be obligated under this Contract beyond the date of termination. SECTION 42. COMPLIANCE WITH ENVIRONMENTAL PROTECTION LAWS. EventZone covenants and agrees to perform under this Contract strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" in 42 U.S.C. 99601), disposal of solid waster, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, applicable water and sere regulations, and erosion and sedimentation control (collectively, "Environmental Law"). EventZone covenants that it has either acquired hereto or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required any Environmental Law in connection with any of its activities under this Contract. C:\DOCUM E-I \cmjb I \LOCALS-I \Temp\nOlcsFFF692\Evcnt Zone contract.doc 12 EventZone covenants that it shall indemnify, defend and hold the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from all response cost, damages, expenses, claims, fines and penalties incurred as a result of any violation by EventZone, or any predecessor in interest to or any person acting with permission of EventZone of any Environmental Law or as the result of any necessary repair, cleanup, closure or detoxification of the property upon which EventZone performs under this Contract, if due to conditions caused by EventZone, predecessor in interest to or any person acting with permission of the EventZone, or as a result of a misrepresentation made by the City based upon information supplied EventZone to the City. These provisions in this section shall survive the termination of this Contract. EventZone shall immediately notify and advise the City of any and all enforcement, cleanup, removal, investigation or other governmental or regulatory actions instituted or threatened against EventZone with respect to any Environmental Law applicable to its performance under this Contract, and any and all claims made or threatened by any third person against the City, or EventZone relating to any Environmental Law applicable to the City or EventZone, or to injury to any person or property because of a Hazardous Substance. SECTION 43. SUSPENSION OR TERMINATION OF CONTRACT BY CITY. The City, at any time, may order Contractor to immediately stop work on this Contract, and/or by one hundred eighty (180) days written notice may terminate this Contract, with or without cause, in whole or in part, at any time. The City shall not be obligated to reimburse EventZone for any cost incurred after the effective date of such termination notice. The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and City may pursue any and all such rights and remedies against Contractor as it deems appropriate. SECTION 44. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Contract. SECTION 45. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. C:\DOCUME-l\cmjbl \LOCALS-l \Tcmp\notcsFFF692\Event Zone contract.doc 13 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. WITNESS: eventzone.org By Printed Name and Title Printed Name and Title (SEAL) CITY OF ROANOKE, VIRGINIA WITNESS: By NamelTitle Darlene L. Burcham, City Manager Printed Name and Title Printed Name and Title Approved as to form: Appropriation and Funds Required for this Contract Certified: Assistant City Attorney Director of Finance Account # Approved as to Execution: Assistant City Attorney C:\DOCUME-I\cmjh I \LOCALS-l\Tcmp\notesFFF692\Evcnt Zone contmcLdoc 14 EXHIBIT 1 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE Neither the Contractor nor any subcontractor shall commence work under this Contract until the Contractor has obtained all the insurance policies required under this Section and such insurance has been approved by the City. 1. The following minimum insurance requirements apply: a. Workers' Compensation and Emplovers' Liabilitv: The Contractor shall obtain and maintain the following limits: Workers' Compensation: Statutory Employers' Liability: $100,000 bodily injury by accident each occurrence $500,000 bodily injury by disease (policy limit) $100,000 bodily injury by disease each employee b. Commercial General Liabilitv: Coverage is to be written on an "occurrence" basis, $1,000,000 minimum limit, and such coverage shall include: . Products/Completed Operations . Personal Injury and Advertising Injury . Bodily Injury c. Automobile Liabilitv: Limits for vehicles owned, non-owned or hired shall not be less than: . $1,000,000 Bodily Injury and Property Damage combined single limit 2. Proof of Insurance Coverage: The policies of insurance shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of the Contract by the Contractor. Other insurance requirements include the following: a. The Contractor shall furnish the City with the required certificates of insurance showing the insurer, type of insurance, policy number, policy term, and limits. b. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered except after a thirty (30) day written notice has been received by the Risk Management Officer for the City of Roanoke." c. The required certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additional insureds except with regard to the workers' C:\DOCUME-l \cmjbl\LOCALS-I\Temp\notesFFF692\Evcnt Zone contracl.doc 15 compensation and employers' liability coverages which shall contain a waiver of subrogation in favor of the City. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of beginning of this contract. C\DOCUME-I \cmjb 1 \LOCALS-I \Temp\nolesFFF692\Evenl Zone conlracLuoc 16 tI.~~...~.~. '''. . r-." ~~ .~ ", CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON. CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 21, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No.3 7870-082007 transferring funds from the Capital Projects Fund Contingency to Mill Mountain Zoo Capital Improvements, and amending and reordaining certain sections of the 2007- 2008 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its'passage. Sincerely, 1f4J~m.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation ~s IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37870-082007. AN ORDINANCE to transfer funding from the Capital Projects Fund Contingency to Mill Mountain Zoo Capital Improvements, amending and reordaining certain sections of the 2007-2008 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the fOllowing sections of the 2007-2008 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contingency Appropriated from General Revenue 08-530-9575-9220 08-620-9765-9003 $ (166,670) 166,670 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: --JstJ~.(.~ 'm. ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov August 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Subject: Mill Mountain Zoo Funding Dear Mayor Harris and Members of City Council: Background: A commitment was made to Mill Mountain Zoo to provide funding in the amount of $500,000 to support capital improvement projects. The funding is to be provided over three years and is subject to Mill Mountain Zoo providing evidence that it has raised funding to match the City of Roanoke financial commitment. As a part of the Capital Maintenance and Equipment Replacement Program (CMERP), City administration intends to forward to City Council a recommendation at the September 17, 2007 meeting which includes an allocation of the $166,670 as the first installment of the City of Roanoke comrnitment to Mill Mountain Zoo over a period of three years. Considerations: Mill Mountain Zoo has requested that the first installment of $166,670 be appropriated prior to September 16, 2007, at which time staff of Mill Mountain Zoo will be in attendance at the AZA National Conference in Philadelphia, PA. At this conference, Mill Mountain Zoo staff will be notified of being granted accreditation status or the denial of accreditation. Mill Mountain Zoo has expressed the importance of having documented support Honorable Mayor and Members of City Council August 20, 2007 Page 2 from the City in the form of the first installment of the $500,000 as well as documentation of other capital match support from the community as it appears before the AZA Accreditation Commission. Mill Mountain Zoo has indicated that it has secured funding to match the first allocation of funds from the City of Roanoke. To assist Mill Mountain Zoo with its efforts, funding for the first installment can be advance-funded from Capital Project Contingency and replaced with the allocation of CMERP funds. Recommended Action: Transfer $166,670 from Capital Project Contingency (08-530-9575-9220) to an account to be established by the Director of Finance in the Capital Projects Fund for Mill Mountain Zoo. Respectfully submitted, arlene L. Bu cham City Manager DLB/acm Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Steve Buschor, Director of Parks & Recreation CM07-00132 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. ITREE Assistant Deputy City Clerk August 21, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37871-082007 authorizing the City Manager to execute a second amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to further extend the term of the Lease for additional periods of one month each, not to exceed 12 months. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, 4t:tl~ n,. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist OJ-L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37871-082007. AN ORDINANCE authorizing the City Manager to execute a second amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to further extend the tenn of the Lease for additional periods of one month each, not to exceed twelve months; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council ofthe City of Roanoke that: I. The City Manager and City Clerk are hereby authorized to execute and attest respectively, a second amendment to the Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, for the lease of certain property located at 515 and 530 8th Street, to further extend the tenn of the Lease by additional periods of one month each, not to exceed a total of twelve months, commencing July 1, 2007, as further stated in the City Manager's letter dated August 20,2007; such Lease Agreement to be approved as to fonn by the City Attorney. 2. Except as provided above, the remainder of the tenns in the Lease Agreement shall remain in full force and effect. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. O-Health Department 8~20-07 ~ 0" \WQ)ii0ii .',11" ."4(/"" ': O,~\ (ff~'- , -:~ '71<-. '~. i~" .r . b \ - CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokcva.gov August 20, 2007 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: Second Amendment to Deed of Lease of City Owned Property at 51 5 and 530 8th Street Background: The City of Roanoke and the Commonwealth of Virginia, by the Virginia Department of Health (VDH), entered into a Lease Agreement dated June 5, 2001, granting the Virginia Department of Health permission to lease City owned office space located at 515 and 530 8th Street in the City of Roanoke. The term of this Lease Agreement began July 1, 2001, and terminated June 30, 2004. The VDH and the City of Roanoke amended this lease to extend the term by additional periods of one month each until June 30, 2007. VDH desires to continue leasing the space for up to another year in additional one month periods as the build out of new space for the VDH proceeds at the Civic Mall on Williamson Road. Considerations: The VDH has proposed amending the current Lease Agreement to extend the term by up to one (1) year, retroactive to July 1, 2007, and will establish a new expiration date of June 30, 2008. All other terms and conditions of the Lease will remain unchanged. The VDH will continue to pay rent on a monthly basis in the amount of $12,983.33. Honorable Mayor and Members of City Council August 20, 2007 Page 2 Recommended Action: Authorize the City Manager to execute the appropriate documents, approved as to form by the City Attorney, to amend the Lease Agreement dated June 5, 2001, to lease City owned space located at 515 and 530 8th Street, to the Commonwealth of Virginia for use by the Virginia Department of Health. The proposed Amendment shall be in accordance with the provisions outlined in the Second Amendment to Deed of Lease, a copy of which is attached. Respectfully submitted, Darlene L. urcham City Manager DLB: c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development David Collins, Assistant City Attorney Brian Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM07-00133 DGS Lease Amendment Form June] 0, 2004 Lease #601-L-0425 SECOND AMENDMENT TO DEED OF LEASE This Second Amendment to Deed of Lease (the "Amendment"), dated , 20_, is made part of the Deed of Lease dated June 5, 2001, (the "Lease") by and between the CITY OF ROANOKE, as Lessor, and the COMMONWEALTH OF VIRGINIA, VIRGINIA DEPARTMENT OF HEALTH, as Lessee. WITNESSETH WHEREAS, by the terms of the Lease, Lessor leased to Lessee those certain parcels of land situated in the City of Roanoke, Virginia 24016, known as 515 and 530 Eight Street, SW, together with the buildings thereon known as the "Health Center Building" and the "Health Center Annex" containing 20,000 square feet including use of the public parking lot for an initial term of four (4) years commencing July I, 2001 and expiring June 30, 2004; and, WHEREAS, the lease was extended for additional periods of one-month each until June 30, 2007. WHEREAS, the parties hereto desire to amend the Lease as hereinafter set forth. NOW THEREFORE, in consideration of the covenants stated herein, it is hereby agreed by the parties that the Lease be amended as follows: 1. Lease term shall be extended for additional periods of one-month each until June 30, 2008, which shall not to exceed twelve (12) months from June 30, 2007. For such extension period, Rent shall be paid in monthly installments of Twelve Thousand Nine Hundred Eighty-Three and 33/100 Dollars ($12,983.33). 2. Except as amended herein, the provisions of the Lease shall remain in full force and effect. 3. This Amendment shall not be effective or binding unless and until signed by both parties and approved by the Governor of Virginia pursuant to Section ~2.2-l149 of the Code of Virginia (1950), as amended. DGS Lease Amendment Form June 10,2004 Leasc #601-L-0425 In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: CITY OF ROANOKE By: Title: LESSEE: COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF HEALTH By: Title: STATE OF VIRGINIA CITY/COUNTY OF ,towit: The foregoing Amendment was acknowledged before me this 20_ by acting in his/her capacity as for the City of Roanoke on behalf of the city. day of My commission expires Notary Public STATE OF VIRGINIA CITY/COUNTY OF ,towit: The foregoing Amendment was acknowledged before me this day of _, 20_ by acting in his/her capacity as of the Commonwealth of Virginia, Virginia Department of Health, on behalf of the agency. My commission expires Notary Public DGS Lease Amendment Form June 10,2004 Lease #60l-L-0425 RECOMMEND APPRO V AL: DEPARTMENT OF GENERAL SERVICES and its Division of Engineering and Buildings By: Director APPROVED BY THE GOVERNOR Pursuant to Section 92.2-1149 of the Code of Virginia (1950), as amended, and by the authority delegated to me under Executive Order 88(01), dated December 21, 2001, I hereby approve this Amendment to Deed of Lease and the execution of this instrument for and on behalf of the Govemor of Virginia. Date Secretary of Administration ~.~~.. ~ :~~~jSf~ ROANOKE DEPARTMENT OF FINANCE Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 461 Roanoke, Virginia 24011 540.853.2821 fax: 540.853.6142 August 20, 2007 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: Fiscal Year 2007 Unaudited Financial Report Fiscal Year 2007 has come to a close, and this financial report presents the results of the City's financial performance for the year. It is appropriate to point out that the financial data contained herein may change during the course of our external audit which will be conducted during upcoming months. We anticipate presenting the audited financial statements to City Council in December. The following narrative provides an overview of General, School and Enterprise Fund performance, and it also presents fund balances for the General and School Funds. , , Honorable Mayor and Members of Council August 20, 2007 Page 2 GENERAL FUND Revenues The City of Roanoke's revenue estimate from all sources was $243,547,785, while actual collections totaled $246,919,516. General Fund revenues exceeded the budget by 1.4% or $3,371,731. Our adopted budget for Fiscal Year 2007 anticipated revenue growth of 4.7% compared to Fiscal Year 2006 performance. As presented in this report, General Fund revenues increased 6.2% or $14,313,343 from Fiscal Year 2006. This performance above expectations is driven by strong performance of local taxes and other local revenues of the City. Significant variances in specific categories of revenues are addressed in the following paragraphs. Loca/ Taxes General Property and Local Taxes comprise 66.7% of the General Fund. They achieved 102.2% of the revenue estimate as a whole, exceeding budget by approximately $3.5 million, and increasing 5.4% since Fiscal Year 2006. Real Estate Taxes are the largest single source of the City's revenues. While the growth rate of reassessments has declined compared to its peak of a few years ago, the tax continues to remain the most significant source of revenue to the City. This primary revenue source increased 7.4% or $4.8 million over Fiscal Year 2006. This was the result of strong growth in assessed values and moderate new construction. The current portion Real Estate Tax nearly equaled the estimate. Delinquent collections exceeded the estimate by approximately $300,000. State Sales Tax is our second largest local tax and is a key indicator of the strength of our local economy. Sales Tax collections increased 6.5% or $1,350,000 over Fiscal Year 2006 and exceeded the revenue estimate by 5.4%. This level of growth is excellent performance of the sales tax for our City which is continually challenged by retail competition from surrounding communities. The increase is in part related to continued retail development in areas such as the District at Valley View. Sales Tax growth in Fiscal Year 2007 was well above the City's average, and is indicative of Honorable Mayor and Members of Council August 20, 2007 Page 3 strong consumer spending and strong performance by numerous City establishments in retail, food and other venues. The Cigarette Tax also contributed to the growth in this category due to the rate increase from 27 cents to 54 cents per twenty pack effective July 1, 2006.. The tax provided $2.4 million in revenues and grew 12.6% over Fiscal Year 2006. While this tax rate has produced growth compared to the prior year, it has not performed as well as anticipated and ended the year 29.8% below the estimate. The Fiscal Year 2008 revenue estimate from this source has therefore been adjusted accordingly. Personal Property Taxes are the third largest tax revenue. The current portion paid by citizens and businesses, as opposed to the State relief portion, increased 9.8% over the last fiscal year, exceeding the revenue estimate by 12.9%. Personal Property Tax revenues grew in Fiscal Year 2007 for the third consecutive year. Growth occurred mainly in the business and personal property vehicular area. Performance of this revenue continues to be aided by coordination of efforts between the Commissioner of the Revenue and available DMV records, audits of corporate vehicle records and other similar procedures. The growth in this local tax is due in part to an increase in the allocation of the tax to citizens which stems from a reduction in the percentage of State tax relief reimbursement. Also contributing to the increase is the collection of a non-recurring delinquent machinery and tools tax of approximately $887,000. Utility Taxes and Telecommunications Tax, as a group, are the fourth largest local tax. The revenue slightly exceeded the estimate, but decreased from the prior year by 14.0%. In Fiscal Year 2007, several of these taxes were replaced with a new State Telecommunications Tax. It was anticipated by the Commonwealth that the new tax would be revenue neutral relative to the taxes it replaced; however, collections statewide are lower than anticipated, and City revenues are approximately 5.5% below the estimate. The State has indicated a commitment to perform audits of the Telecommunications Tax to ensure proper collection and remittance by service providers. Business and Professional Occupational License (BPOL) Tax is the City's fifth largest source of local tax revenue. Tax revenues are derived from gross receipts of businesses. The Fiscal Year 2007 performance exceeded the revenue estimate by 5.5%, decreasing 2% compared to the previous year. This decrease was expected as a result of the establishment of the Telecommunications Tax as mentioned previously. Honorable Mayor and Members of Council August 20, 2007 Page 4 Prepared Food and Beverage Taxes are the sixth largest local tax, generating revenues of approximately $11.1 million during Fiscal Year 2007. Revenues exceeded the estimate by 3.1% and rose 4.0% compared to the prior year. Consistent with the growth in other local taxes, the increase in this revenue is indicative of a continued positive trend in consumer spending in Roanoke. There are a number of other significant local taxes which contribute $1 to $4 million in annual revenue to the City. Public Service Corporation Taxes, the property tax on companies such as utilities, contributed approximately $3.6 million in General Fund revenues. The tax increased $158,161 or 4.6% compared to last year but fell short of the estimate by 6.2%. Each year, the personal property component of this tax is estimated, as the State Corporation Commission assessment is not made until the fall. Consequently, the amount paid by companies in compliance with the City's personal property schedule is based on an estimate with an adjustment made at the beginning of the next fiscal year. Public Service Tax revenues in Fiscal Year 2007 were adversely impacted by refunds of taxes that were received in Fiscal Year 2006. The Transient Room Tax totaled approximately $2.7 million and rose 5.4% over Fiscal Year 2006. Growth in this area was strong for a second year in a row due to positive performance at local hotels in terms of both room rates and occupancy levels. Motor Vehicle License revenues contributed $1.8 million in revenue, exceeding the estimate by 3.5% or $60,365. Recordation and Probate Taxes totaled approximately $1.4 million, exceeding the estimate by 25.3% or $286,300. Recordation taxes can fluctuate significantly based on real estate transactions. Intergovernmental Revenues Intergovernmental revenues consist of State and Federal funding to the General Fund. After Real Estate Tax, the largest category of revenue to the General Fund is funding from the Commonwealth. State funding makes up approximately 26.5% of the budget. In Fiscal Year 2007, revenues totaled $65.5 million or 97.9% of the estimate. They increased 8.5% over the prior year. Funding for law enforcement through HB 599 increased, as did reimbursements to fund the costs of street maintenance. In the Social Services area, funding for Administration, AFDC-Foster Carel Adoptions, Day Care, and Comprehensive Services Act revenues increased. Also in this category, revenues provided by the Commonwealth of Virginia Compensation Board grew due to an increase in the percentage of salary expenditures for Constitutional Officers eligible for reimbursement. Honorable Mayor and Members of Council August 20, 2007 Page 5 The City typically receives very little direct Federal revenue for General Fund operations. In Fiscal Year 2007, approximately $39,000 was received, equal the amount received in Fiscal Year 2006. Other Local Revenues In addition to local taxes, there are other local revenues which collectively contributed 6.8% to the General Fund. These include permits and fees, fines and forfeitures, charges for services, interest and rental income, billings for services to other City funds or other entities and miscellaneous revenues. A brief recap of the performance of these revenues is as follows. Permits, Fees and Licenses decreased 22.2% compared to the same period in Fiscal Year 2006. This is due to a decline in the issuance of building permits. The City experienced an active construction market during Fiscal Year 2006 with several large projects which created higher revenues last year. Fines and Forfeitures totaled $1.5 million. Included in this category are court fines, parking tickets, collection fees imposed on various delinquent collections, and public safety false alarm fees. They increased 6.6% over Fiscal Year 2006 due in part to higher revenue from General District Court fines that resulted from an increased case load. Overall, revenues in this category exceeded their estimate by 19.7%. Revenue from the Use of Money and Property increased 21.0% over the prior year as a result of higher interest income earnings as interest rates in Fiscal Year 2007 were consistently higher than in Fiscal Year 2006. This category also benefited from an increase in rental income from City owned buildings. Charges for Services grew 8.8%, mostly due to growth in Housing of Federal Prisoners. Emergency Medical Services have increased $436,000 in the current year, as the City's third party billing company achieved improved collection results in Fiscal Year 2007 as compared to 2006, its first year of handling our account. lnterfund Services revenue totaled $2.5 million in Fiscal Year 2007. The category fell short of the estimate by 11.3% and decreased from the prior year by 10.7%. The Honorable Mayor and Members of Council August 20, 2007 Page 6 decrease is due primarily to a decline in the billings to the Schools for their share of Comprehensive Services Act (CSA). This billing is based on the education related expenses incurred under CSA, and, all combined, they are below the estimate by roughly $455,000 as a result of a decline in the need for special education expenditures. Other charges in this category include School Resource Officer (5RO), Municipal Audit Services provided to Schools, billings to the Airport for the Airport Fire Station, and charges to other funds of the City for Engineering, Building Maintenance, Street Maintenance, and other services. Miscellaneous Revenue increased 38.7% in the current fiscal year primarily due to the collection of a larger purchasing card rebate than in the prior year. Expenditures Total expenditures and encumbrances for Fiscal Year 2007 were $248,892,751 which was $950,203 or 0.4% less than City Council had authorized. The authorized expenditure budget includes appropriations of fund balance which were made during the year. General Fund expenditures and encumbrances have increased 8.1% over Fiscal Year 2006. The current year expenditure budget includes funding of approximately $1.2 million to cover contracts and purchase orders made during Fiscal Year 2006 but not paid by the end of that year. City Council approved re-appropriation of this funding when adopting the General Fund budget in May 2006. An employee pay raise averaging 4% was granted effective July 1, 2006. Other than these items, which affect most categories of expenditures, variances between Fiscal Year 2006 and Fiscal Year 2007 are addressed as follows: General Government expenditures grew 4.8% aforementioned increases in personnel costs. Services have increased slightly over the last year. in Fiscal Year 2007 due to the In addition, fees for Professional Judicial Administration expenditures increased 14.6% due in part to the increase in personnel costs as well as an increase in the number of juveniles housed at the Roanoke Valley Juvenile Detention Center in the current fiscal year. Public Safety expenditures are 6.9% higher in the current year, primarily due to the Honorable Mayor and Members of Council August 20, 2007 Page 7 aforementioned increase in salaries as well as an increase in the cost of prison health care services. The Jail has also experienced an increase in the cost of food. Public Works expenditures increased 6.1% over Fiscal Year 2006 due in part to the increase in personnel costs. In addition, Building Maintenance experienced an increase of approximately $449,000 in the current year for maintenance of fixed assets. Health and Welfare expenditures increased 10.6% primarily due to higher Foster Care, Special Needs Adoption, and Daycare Services expenditures as a result of a higher rate of child placement. In addition, the majority of expenditures within the Comprehensive Services Act have increased over last year. The exceptions are Education and Non-Mandatory expenditures. Parks, Recreation, and Cultural expenditures grew 11.3% due in part to the aforementioned pay increase. New for 2007 were expenditures totaling nearly $280,000 for the Arts Festival Anniversary Celebration. An increase in Workers Compensation expenditures as well as a professional contract for accreditation also contributed to the variance. This category of expenditures grew as anticipated based on the adopted budget. Transfer to Debt Service Fund expenditures increased 7.1% primarily as a result of the Series 2006 A & B general obligation bond issuances. Debt payments for these series commenced in the current year. Transfer to School Fund expenditures increased $2.9 million or 5.2% based on the school funding formula which allocates approximately 36% of local taxes to the School Board. Transfer to School Capital Projects Fund expenditures totaled $1.0 million due to a transfer of funding to finalize the Patrick Henry High School project. Non-departmental expenditures and obligations grew 18.9% due to a net increase in transfers to other funds of the City. Transfers vary from year to year based on transactions between the General Fund and other funds of the City. Transfers to the Civic Facilities, Market District, and Greater Roanoke Transit Company funds grew due to an increase in the amount of undesignated fund balance transferred. Additionally, Honorable Mayor and Members of Council August 20, 2007 Page 8 the operating subsidy provided to the Civic Facilities Fund increased $1.3 million in Fiscal Year 2007 as the fund needed additional operational support as well as funding toward debt service. Transfers to the Capital Projects, Department of Technology, and Risk Management funds decreased due to a decline in the amount of undesignated fund balance subsidy needed. SCHOOL FUND Revenues The School Fund revenue estimate from all sources was $133,177,080, while actual collections totaled $133,304,860. Total School Fund revenues increased 8.9% or $10,909,433. The growth in the School budget was a result of increased funding from the Commonwealth and Charges for Service. State Sales Tax was budgeted to increase, but revenue from State Sales Taxes fell short of the estimate by $1.5 million. Revenues for State Aid from the Commonwealth were $1.9 million higher than the estimate. Following a FY06 surge in funding, Federal funding decreased in FY07, bringing Federal funding back in line with prior funding amounts. Charges for Services revenue fell short of the estimate due to lower than expected participation in the regional special education program which provided revenues to the City Schools. The Transfer in funding from the City's General Fund increased 5.2%. Expenditures Expenditures and encumbrances in the School Fund were budgeted at $133,977,281, while actual obligations totaled $130,344,119, leaving an unobligated balance of $3,633,162. It is important to note that the authorized expenditure budget includes appropriations from prior year fund balance. Expenditures and encumbrances increased from the prior year by $7,122,195 or 5.8%, with increases in all major categories. Instructional expenditures were less than the estimate for Instructional Administration, Foreign Languages, and Special Education. Salary and benefits expenditures include pay increases of 3% to 5% for instructional personnel. Transportation costs included approximately $300,000 toward the replacement of school buses. Plant, Operation, and Maintenance expenditures were higher than expected as a result of electrical service expenses being 25% over the estimate. Honorable Mayor and Members of Council August 20, 2007 Page 9 ENTERPRISE FUNDS The City's Enterprise Funds include Civic Facilities, Parking and Market District operations. These funds are intended to operate in a manner such that operating expenses are recovered in the form of user charges. Historically, the General Fund has subsidized the Civic Facilities and Market District Funds. Brief comments on each of the City's Enterprise Funds are as follows. Civic Facilities Fund The Civic Facilities Fund operates with a budget of approximately $6.0 million. Revenues from operating activities were expected to total $3.8 million, however actual results fell short of this amount by $1.4 million. The Fund was adversely impacted by construction activities and the loss of the Roanoke Vipers hockey team and Roanoke Dazzle basketball team. Operating revenues decreased by $582,000 from the prior year, due largely to the decline in customers coming through the turnstiles. Concession revenues were only 45% of budget and they were significantly negatively impacted by the loss of the sporting venues. Operating expenses declined as a result of a reduction in event-related costs, but were partially offset by salary increases. In addition to the operating revenues of the fund, subsidy from the General Fund is needed for the fund to meet its obligations. In fiscal year 2007, a General Fund operating subsidy of approximately $2.1 million was planned. As a result of the shortfall of operating revenues, which was only partially offset by a reduction in expenses, the General Fund subsidy was increased $800,000 to a total for the year of $2.9 million. General Fund transfers also included $500,000 in undesignated fund balance appropriations toward completion of the facility expansion project. The Civic Facilities income statement denotes total income of approximately $1.2 million for the year, compared to a net loss in FY06 of just over $14,000. In examining this performance in light of the significant level of added funding provided by the General Fund, it is important to note that there are significant cash requirements of the fund in terms of capitalized interest and funding for principal payments on long term debt. These are not reflected on the income statement of the fund. These costs totaled $1.2 million and were part of the required subsidy from the General Fund. These amounts increased in FY 2007 compared to the prior year as debt service Honorable Mayor and Members of Council August 20, 2007 Page 10 repayments began on the last portion of long term debt issued for construction of the new exhibit hall. Parking Fund The City's Parking Fund operates six parking garages and numerous surface lots with a budget of approximately $2.7 million. In FY07, the fund achieved a net operating income of $866,000, a decrease from the $928,000 of FY06. Operating revenues in FY07 increased $3,000 despite losing the Norfolk Avenue Lot, and substantial discounting of monthly fees at Gainsboro and Market garages due to construction inconveniences. Operating expenses decreased slightly compared to the prior year, but this was more than offset by increased depreciation. After the impact of non- operating activities is incorporated, the Parking Fund achieved net income of $812,000 in FY07. The fund is able to meet all of its cash flow needs, including debt service, without any General Fund subsidy. The fund's revenues in excess of expenses will enable it to fund debt service as future bonds are issued. Additionally, through its achievement of these net income amounts in recent years, the Parking Fund has generated working capital which is being used to cash-fund facility improvements and repairs. One example of cash funding of capital projects was appropriation of nearly $2 million during FY07 for repairs to the Market Garage. Market District Fund The Market District Fund operates with an annual budget of approximately $346,000. Operating revenues in FY07 were lower than in FY06 due to the loss of a tenant early in the fiscal year and the space being vacant for several months. At year's end, the space had been filled. The fund incurred an FY07 operating loss of $121,000 compared to fiscal year 2006 when the loss was $90,000. Despite reducing certain operating expenses by $65,000, increased depreciation, due to the conclusion of recent capital improvements, caused total operating expenses to increase by $21,000 over FY06 levels. The General Fund subsidy in FY07 was $35,000. This subsidy enables the fund to meet all of its cash flow requirements once adjusted for depreciation expense, a non cash item. Transfers from other funds increased compared to FY06 due to a transfer of $200,000 for the Market District Study, $263,000 for Farmer's Market awnings, and $274,000 for Market Renovations. Honorable Mayor and Members of Council August 20, 2007 Page 11 FUND BALANCES General Fund The Budget Stabilization Reserve at June 30, 2007 is $18,127,226. The reserve serves as a funding source for emergencies or unforeseen declines in revenues, and it is supported by the Budget Stabilization Reserve Policy which was adopted by City Council in April 2005. The policy states that the reserve minimum will be 5% of the General Fund budget with a target of 8%. During the year, the reserve increased as a result of interest earnings and a designation of $252,000 from the General Fund undesignated fund balance. This addition was made to enable the reserve to grow toward the target level. This reserve is currently 7.2% of the adopted General Fund budget for the upcoming year, an increase from 7.1% at the conclusion of the prior year. The allocation to the Reserve for Uninsured Claims is $250,000. City Code provides that an annual allocation of $250,000 will be made to develop a reserve for Uninsured Claims equal to 3% of the General Fund budget. The current year allocation will not fully fund long term liabilities of the self-insured program; however, it enables progress in the funding level. The City is self insured for workers' compensation and establishes a loss retention in conjunction with auto and general liability insurance based on claims history. The year end Undesignated Fund Balance is $2,990,391. At the end of each fiscal year, any undesignated fund balance is shared with the School Board using the same formula through which local tax revenues are shared. Based on the formula, the undesignated fund balance will be allocated $1,476,937 to the City and $1,513,454 to the Schools. The City's undesignated fund balance will be recommended for funding commitments made to outside entities and for acquisition of capital equipment requested through the City's Capital Maintenance and Equipment Replacement Program (UCMERpU). The recommended allocation of the undesignated fund balance will be presented at a September meeting of City Council. While reliance upon year end fund balance for capital items has declined due to additional funding of these items in the operating budget, the undesignated year end fund balance will continue to be recommended for use in addressing additional capital needs .and non-recurring items. Honorable Mayor and Members of Council August 20, 2007 Page 12 A Reserve for Encumbrances that totals $1,158,532 is required in order to provide funds to cover purchase orders from June 30th which will be paid during the upcoming fiscal year. School Fund A Reserve for Uninsured Claims is maintained by the School Board in the amount of $350,000. The Undesignated Fund Balance is $3,670,298. This undesignated fund balance will be allocated by the School Board for capital equipment funding during the upcoming fiscal year. Along with this balance in the School Fund, the Schools will receive $1,513,454 from the City's General Fund as described previously. A Reserve for Encumbrances of $1,662,976 is required in order to provide funds to cover purchase orders from June 30th which will be paid during the upcoming fiscal year. Although we believe the results presented in this report are materially correct, we would like to reiterate that the General and School Fund amounts discussed within this report are unaudited and subject to change during the course of our external audit. A report of all funds of the City will be included within the Comprehensive Annual Financial Report which is currently being prepared. We would like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout Fiscal Year 2007. Sincerely, Q~ A. HaU Jesse A. Hall OJ rector of Fj nance JAH:ca Honorable Mayor and Members of Council August 20, 2007 Page 13 Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget City of Roanoke, Virginia General Fund Undesignated Fund Balance June 30, 2007 (Unaudited) General Fund Undesignated Fund Balance Allocation General Fund Revenues In Excess of Budgeted Amounts General Fund Unobligated Appropriations Less: Allocation to the Reserve for Uninsured Claims Less: Allocation to the Budget Stabilization Reserve Total General Fund Undesignated Fund Balance Allocation Undesignated Fund Balance Allocated to Schools Undesignated Fund Balance Retained by General Fund Notes: Allocation to Budget Stabilization Reserve includes $829,543 of interest earned dUfing FY 2007 14 $ 3,371,731 950,203 (250,000) (1,081,543) 2,990,391 (1,513,454) $ 1,476,937 City of Roanoke, Virginia Calculation of General Fund Undesignated Fund Balance to Allocate to the School Board June 30, 2007 (Unaudited) Local Taxes General Property Taxes Other Local Taxes Total Local Taxes $ 101,169,669 71,700,100 172,869,769 Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telecommunications Taxes Dedicated to E-911 and Cable TV Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Telecommunications Right of Way Use Fee Dedicated to Paving One Cent Real Estate Tax Dedicated to Economic Development One Cent Transient Occupancy Tax Dedicated to Tourism Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk Debt Service on Bonds Issued for Innotech Project Admissions Tax Dedicated to Civic Center Project or Cultural Agencies One Cent Meals Tax Dedicated to Debt Service Cigarette Taxes Dedicated to Curb, Gutter and Sidewalk Debt Service Net Local Taxes School Percentage Share of Local Taxes (289,344) (3,893) (82,093) (3,180) (27,999) (808,000) (1,800,000) (305,000) (325,000) (501,429) (200,000) (307,634) (567,295) (380,893) (444,771 ) (965,845) (41,587) (2,212,374) (386,100) 163,217,332 36.42% . School Share of Local Taxes 59,443,752 Other Adjustments: Deduct Interest Earnings Add Roanoke Adolescent Health Partnership (200,000) 25,000 Net School Transfer Less: FY07 Local Funding Provided to School Board Allocation of Undesignated Fund Balance to School Board 59,268,752 (57,755,298) 1,513,454 $ . Percentage share based on Revenue Allocation Model 15 City of Roanoke; Virginia School Board Undesignated Fund Balance June 30, 2007 (Unaudited) School Fund Undesignated Fund Balance Allocation School Fund Revenues Above Estimated Amounts School Fund Unobligated Appropriations Less: Increase in Workers' Comp Trust Fund Total School Fund Undesignated Fund Balance Allocation General Fund Undesignated Fund Balance Allocation Total School Undesignated Fund Balance 16 $ 127,780 3,633,162 (90,644) 3,670,298 1,513,454 $ 5,183,752 City of Roanoke, Virginia Budget Stabilization Reserve Per Resolution 37053 (Adopted May 10, 2005) (Unaudited) Reserve Roll FOlWard: Budget Stabilization Reserve, July 1, 2006 Interest earnings Allocation to Reserve Amount $ 17,045,683 829,543 252,000 Budget Stabilization Reserve, June 30, 2007 18,127,226 $ Reserve Policy Parameters: Total General Fund Budget FY08 Minimum Designated Budget Stabilization Reserve $ 252,515,000 5% $ 12,625,750 Total General Fund Budget FY08 Tarqet Designated Budget Stabilization Reserve $ 252,515,000 8% $ 20,201,200 17 % Budget 7.0% 7.2% Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total CITY OF ROANOKE, VIRGINIA GENERAL FUND IFY 2007 UNAUDITED) STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revenue Est/mate Received 102.4% 101.9% 92.5% 119.7% 262.9% 97.9% 102.0% 105.2% 88.7% 81.6% 101.4% s July 1 - June 30 2005-2006 86,447,295 69.812.361 1.469.016 1,444.566 1.497.389 60.347.182 38.768 8.322.077 2.785.455 442.065 232,606,174 July 1 - June 30 2006-2007 $ 93.048.122 71.700.100 1.142.724 1.540.599 1,811.162 65.483.173 38.769 9.054,513 2.487.175 613.179 $ 246,919,516 Percentage of Change 7.6 % $ 2.7 % -22.2 % 6.6 % 21.0 % 8.5 % 0.0 % 8,8 % -10.7 % 38.7 % 6.2 % $ Revised Revenue Estimates 90.878.000 70.336.000 1.236.000 1.287.000 689.000 66.921.925 38.000 8.607.335 2.803.000 751.525 243,547,785 $ STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - June 30 July 1 - June 30 Percentage Unencumbered Revised Budget Expenditures 2005-2006 2006-2007 of Change Balance Appropriations Obligated General Government S 12,140,992 $ 12.725.845 4.8 % $ 75.803 $ 12.801.648 99.4% Judicial Administration 7,054.615 8.085.471 14,6 % 33.003 8.118.474 99.6% Public Safety 56.744.685 60.673.078 6.9 % 38.789 60.711.867 99.9% Public Works 22.873.660 24.261.359 6.1 % 32.892 24.294.251 99.9% Health and Welfare 33.598.047 37.148,189 10.6 % 464,812 37.613.001 98.8% Parks, Recreation and Cultural 9.593.729 10.677 ,073 11,3 % 70.923 10.747,996 99.3% Community Development 5.677.130 5.841.632 2.9 % 132.300 5.973.932 97.8% Transfer to Debt Service Fund 17 .862.787 19.134,406 7.1 % 30.566 19.164,972 99.8% Transfer to School Fund 55.789.730 58.669.043 5.2 % 58.669.043 100.0% Transfer to School Capital Fund 1.000.000 100,0 % 1.000.000 100.0% Nondepartmental 8.980.201 10.676.655 18.9 % 71.115 10,747,770 99.3% Total $ 230,315,576 $ 248,892.751 8.1 % $ 950.203 $ 249,842.954 99.6% 18 Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Interest On Investments Transfer from Other Funds Total EXDenditures Instruction General Support Transportation Operation and Maintenance of Plant Facilities Other Uses of Funds Total CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE (FY2007 UNAUDITED) Year to Date for the Period July 1 - June 30 July 1 - June 30 Percentage 2005.2006 2006.2007 of Change $ 12,272,397 $ 11,958,601 -2.6 % 52,071,945 60,141,541 15.5 % 191.034 138.817 -27.3 % 2,233.425 2.468.093 10.5 % (163,104) (71,236) -56.3 % 55.789,730 58,669,043 5.2 % $ 122,395,427 $ 133,304,860 8.9 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $ 13.447,973 88.9 % 58,229.837 103.3 % 142,500 97.4 % 2632,500 93.8 % 25.000 -284.9 % 58,699.270 99.9 % $ 133,177,080 100.1 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 . June 30 2005.2006 $ 89,581,820 5.709,165 5,941,402 12,506,110 2.790.171 6693,236 $ 123,221,924 July 1 - June 30 2006-2007 $ 93,549.415 6.359,908 6,125.999 Percentage of Change 4.4 % 11.4 % 3.1 % Unencumbered Balance $ 3,150,332 283,543 283,687 14.350.247 1,351.309 8,607.241 $ 130,344,119 14.7 % -51.6 % 28.6 % 5.8 % $ (125,198) 11,710 29,088 3,633,162 19 Current Fiscal Year Revised Appropriations $ 96,699,747 6.643,451 6,409,686 14,225,048 1,363,020 8,636,329 $ 133,977,281 Percent of Budget Obligated 96.7 % 95.7 % 95.6 % 100.9 % 99.1 % 99.7 % 97.3 % CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2007 (FY2007 UNAUDITED) FY 2007 FY 2006 Operating Revenues Rentals $ 615,285 $ 683,338 Event Expenses 229,369 161,938 Display Advertising 93,837 124,588 Admissions Tax 312,949 446,424 Electrical Fees 21,928 12,685 Novelty Fees 49,797 92,222 Facility Surcharge 229,316 340,460 Charge Card Fees 62,777 86,998 Commissions 48,457 72,194 Catering/Concessions 748,485 967,307 Other 425 7,286 Total Operating Revenues 2,412,625 2,995,440 Operating Expenses Personal Services 2,099,072 2,106,837 Operating Expenses 1,953,467 2,321,132 Depreciation 534,190 543,526 Total Operating Expenses 4,586,729 4,971,495 Operating Loss (2,174,104) (1,976,055) Nonoperating Revenues/(Expenses) Interest on Investments 31,082 43,234 Transfer from General Fund 3,374,490 1,606,693 Transfer from General Fund - Victory Stadium 251,681 Transfer to Debt Service Fund (63,369) (64,869) Interest and Fiscal Charges (93,866) (95,447) Arena Ventures Contractual Penalties 209,033 Viper Hockey Performance Bond 65,254 Miscellaneous 23,164 11,491 Net Nonoperating Revenues 3,336,755 1,961,816 Net Income/(Loss) $ 1,162,651 $ (14,239) 20 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2007 (FY2007 UNAUDITED) FY 2007 FY 2006 Operating Revenues Market Garage $ 379,322 $ 405,580 Elmwood Park Garage 518,873 525,683 Center in the Square Garage 238,919 214,851 Church Avenue Garage 656,024 659,698 Tower Garage 504,004 458,043 Gainsboro Garage 90,077 92,387 Williamson Lot 85,162 83,381 Norfolk Avenue Lot 16,028 Higher Ed Center Lot 51,229 46,928 Market Lot 30,833 46,367 Elmwood Lot 77,761 80,826 Warehouse Row Lot 27,827 23,084 West ChurchlYMCA Lots 26,270 30,304 Total Operating Revenues 2,686,301 2,683,160 Operating Expenses Operating Expenses 1,158,294 1,181,988 Depreciation 661,712 573,317 Total Operating Expenses 1,820,006 1,755,305 Operating Income 866,295 927,855 Nonoperating Revenues (Expenses) Interest on Investments 137,344 84,763 Miscellaneous 43,997 Transfer from General Fund 37,136 31,220 Interest and Fiscal Charges (272,989) (281,270) Net Nonoperating Expenses (54,512) (165,287) Net Income $ 811,783 $ 762,568 21 CITY OF ROANOKE, VIRGINIA MARKET DISTRICT FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2007 (FY2007 UNAUDITED) FY 2007 FY 2006 Operating Revenues Retail Space Rental $ 268,340 $ 277,885 Total Operating Revenues 268,340 277,885 Operating Expenses Operating Expense Depreciation 295,211 94,044 360,161 7,930 368,091 Total Operating Expenses 389,255 Operating Loss (120,915) (90,206) Nonoperating Revenues Interest on Investments Transfer from Capital Projects Fund Transfer from General Fund Capital Contributions Miscellaneous 25,874 474,300 298,000 3,356 17,625 77,700 1,726,651 138 Total Nonoperating Revenues 798,174 1,825,4 70 Net Income $ 677,259 $ 1,735,264 Note: FY06 Capital Contributions were the result of the completion of the Market Building Improvement capital project. This project added value to the capital assets of the Market Building Fund, but the improvements were funded by the General Fund, thus requiring this transfer. 22 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 2007 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA . FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31,2007. BALANCE AT JUN 30, 2007 CONSOLIDATED FUNDS $100,072,128.48 RECEIPTS $29,590,281.97 DISBURSEMENTS $34,368,661.40 BALANCE AT JUL 31, 2007 $95,293,749.05 BALANCE AT JUL 31, 2006 $108,778,577.28 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING JULY 31, 2007. THAT SAID FOREGOING: \). CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER CORPORATE NOTES lOCAL GOVERNMENT INVESTMENT POOL U.S. BANK MONEY MANAGEMENT ACCOUNT SUNTRUST INSTITUTIONAL MONEY MARKET U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $14,607.46 10,119,392.92 486,927.78 499,950.00 30,938,870.63 29,992.74 3,646,961.29 26,734,462.50 15,679,817.93 7,142,765.80 $95,293,749.05 AUGUST 15, 2007 ~"'~ ~YNPOWERS,TREASURER 23 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWELVE MONTHS ENDED JUNE 30, 2007 (FY 2007 UNAUDITED) FY 2007 FY 2006 Additions: Employer Contributions $ 11,386,413 $ 9,135,620 Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) 46,617,063 24,244,328 10,696,144 4,819,817 57,313,207 29,064,145 538,944 572,057 56,774,263 28,492,088 $ 68,160,676 $ 37,627,708 Deductions Benefits Paid to Participants $ 23,494,619 $ 21,747,304 Administrative Expenses 326,605 323,728 Total Deductions 23,821,224 22,071,032 Net Increase (Decrease) 44,339,452 15,556,676 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 334,232,043 318,675,367 Fund Balance June 30 $ 378,571,495 $ 334,232,043 24 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JUNE 30, 2007 (FY 2007 UNAUDITED) FY 2007 FY 2006 Assets Cash Investments, at Fair Value Employer Contributions Receivable Accrued Investment Income $ 610,971 377,677,697 451,944 15,529 $ 611,943 333,695,424 450,227 146,883 Total Assets $ 378,756,141 $ 334,904,477 Liabilities and Fund Balance Liabilities: Accounts Payable $ 184,646 $ 177,566 Payable for Cash Collateral on Loaned Securities 494,868 Total Liabilities 184,646 672,434 Fund Balance: Fund Balance, July 1 334,232,043 318,675,367 Net Gain (Loss) - Year to Date 44,339,452 15,556,676 Total Fund Balance 378,571,495 334,232,043 Total Liabilities and Fund Balance $ 378,756,141 $ 334,904,477 25 CITY OF ROANOKE, VIRGINIA REPORT OF CITY MANAGER TRANSFERS Quarter Ended June 30, 2007 Transfer Number Date Explanation From To Amount CMT07-00056 04/04/07 VML Legal Fees & Costs for Contingency - General Traffic Engineering & Operations $ 30,921 Electric Rate Negotiations Fund CMT07-00062 04/16/07 Transfer Remaining Funds to Public Works - Capital Parks and Recreation 48,143 Reserve Ave Athletic Venue Projects Project (Stadium/Amphitheater Project) CMT07-00064 04/19/07 Transfer Funds for Jury Services, Contingency - General Circuit Court, Director of General 52,265 Bus Shuttle, and Citizen Survey Fund Services. and Department of Management & Budget CMT07-00073 05/09/07 Vehicle Replacement Sheriff - Jail Fleet Management Fund. Non 23,500 Operating CMT07-00081 05/18/07 Audit Services Contingency - General Municipal Auditing 11,000 Fund CMT07-00088 OS/29/07 Vehicle Replacement Sheriff - Jail Fleet Management Fund - Non 23,000 Operating CMT07-00098 06/05/07 Additional Funding for Weed and Contingency - General Housing and Neighborhood 29,841 Trash Abatement Fund Services CMT07-00146 06/23/07 Unplanned Contributions and Contingency - General City Manager 28.929 Williamson Rd Svc District, Arts Fund,and Council. and New Century Miscellaneous - Technology Council General Fund CMT07-00149 06/26/07 Funding for Juvenile Residential Contingency - General Juvenile & Domestic Relations 345.000 Detention Services Fund Court Services CMT07-00147 06/26/07 Oliver White Hill House Public Works - Capital Public Works - School Fund 48.000 Projects Contingency CMT07.00161 06/28/07 Reallocate Unused Funding from Housing & Department Management & 235.000 13th SI. Rehab Project to Randall Neighborhood Services Budget. Transportation, Streets Funding Grant Writing Contract. & Traffic, and City Manager and Capital Project Contingency CMT07-00190 08/15/07 End of Year Transfers Various Civic Center and Social Services 829,100 (CSA) CMT07-00199 08/15/07 End of Year Transfer Various Fire 179,000 CMT07-00189 08/15/07 End of Year Transfer Contingency - General Residential/Detention Services 181,000 Fund CMT07-00191 08/15/07 End of Year Transfer Contingency - General City Treasurer, Commissioner of 40,600 Fund Revenue, City Clerk, City Council, City Manager- Memberships & Affiliations CMT07-00198 08/15/07 End of Year Transfer Various Human Resources, and 33,100 Purchasing Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments, The scope of this report is limited to interdepartmenttransfers that are $10,000 or greater. 26 CITY OF ROANOKE, VIRGINIA REPORT OF CITY MANAGER CONTINGENCY Quarter Ended June 30, 2007 Transfer Number Date Explanation To Amount Balance of Contingency at July 1, 2006 $ 857,354 Continaencv Transfers: CMT06-00175 07/25/06 Office Space for Art Coordinator Economic Development (15,796) and Special Projects Coordinator CMT06-00215 09/15/06 Balance Budget Between Transfer Parking Fund 450 , to Parking Fund and Transfer from General Fund for 8 Jefferson Place BO 37523 11/15/06 Local Match for FY07 Victim Grant Fund (1,287) Witness Grant CMT06-00226 11/01/06 Feral Cat Committee Publication City Manager (1,250) CMT06-00235 11/08/06 One-time Audit of the City's Municipal Auditing (3,500) Telecommunications Taxes and Fees CMT06-00223 11/09/06 Weed and Trash Abatement Housing and Neighborhood Services (37,210) Program CMT06-00255 12/27106 Raleigh Court Civic League Arts Festival, Economic (23,231) Roanoke Memories Project, Local Development, Planning and Building Share of the Department of Historic Development Resources Costs, Payment to Airport Commission for Countryside Fly Over Zone. CMT07-00009 01/17/07 Conference Room Furniture City Manager (14,930) CMT07-00015 02/02/07 City-Schools Study of Finance and Department of Finance (29,505) Purchasing CMT07 -00056 04/20/07 VML Legal Fees and Costs for Public Works (30,921) Electric Rate Negotiations CMT07 -00064 04/24/07 Jury Service, Bus Shuttle Service, Circuit Court, Public Works, and (52,265) and Citizen Survey Management & Budget CMT07-00081 OS/21/07 Audit Services Municipal Auditing (11,000) CMT07-00098 06/06/07 Weed and Trash Abatement Housing and Neighborhood Services (29,841) CMT07-00146 06/26/07 Contributions to Arts Council and City Manager (17,350) New Century Technology Council CMT07-000149 06/26/07 Juvenile Residential Detention Juvenile & Domestic Relations Court (345,000) Services 27 CITY OF ROANOKE, VIRGINIA REPORT OF CITY MANAGER CONTINGENCY Quarter Ended June 30, 2007 Transfer Number Date Explanation CMT07-00190 08/15/07 End of Year Transfers To Civic Center Fund CMT07-00189 08/15107 End of Year Transfers Residential/Detention Services CMT07-00191 08/15/07 End of Year Transfers City Treasurer, Commissioner of Revenue, City Clerk, City Council, City Manager - Memberships & Affiliations Available Contingency at June 30, 2007 28 Amount (23,000) (181,000) (40,600) $ 118 ~~ ROANOKE DEPARTMENT OF FINANCE Noel C. Taylor Municipal Building 215 Church Avenue, 5W, Room 461 Roanoke, Virginia 24011 540.853.2821 fax: 540.853.6142 August 20, 2007 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Presentation The purpose of this letter is to reserve space on Council's regular agenda on August 20, 2007, for a 1 5-minute presentation on the FY07 performance. Sincerely, q~A.IW Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk :', .' '~;-;/I':\ J -l--'~:'l.f'~~':,' ." 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"0 OJ ::::J 0 000 ::::J 13 oooar-t'o o 0 o~. "0 (I) crcrcrroqroo , , , n OJ ., _ r-t' OJ" 3: ~ ~ tt -{;A- ~ CD'::::J~ ^" .,lC'-I ~ Ul OJ....'-I """'h n 0 ., r-t' 0 o -. 3 ~o -.n o ro 0 r-t'Ul::::J ~ Ul Ul. .,Ca. """'h 9- (I) C ., ::::J OJ Ul a.Ulo- Ul r-t' 0 .,r-t' ::::J' OJ ::r ::::Jo " ~"O -<(1)(1) 0.,., '-IUlOJ r-t' C3' ::::J' ., lC 3:"'T1 OJ OJ , ' ^"3 ro ro /"'1", .. OJ (I) 0 C 3: (I)' /"'1" a. OJ :::::!. , ::J ^" n lC ro /"'1" /"'1"(J) :::0)>/"'1" ~:E5. O::J'< < ::J ~lC -. (I) o ::J (I) ..... o n OJ Ul ::r :::::!:! o ~ 3: OJ \ ^ CD r-t" o -. CJ') r-t" \ -. n r-t" -n C ::l 0.. . .. I I to c CD Ul r-t' -. o :=J Ul ~ o -. Ul n c Ul Ul -. o :=J ..:.~..~...~....".. .'" ... .. '".", i/:.i: .~'- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON. CMC Ciry Clerk August 21, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37872-082007 appropriating funds from the Commonwealth and Federal governments as well as from local match and a donation, and amending and reordaining certain sections of the 2007-2008 School Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, M~'rr. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37872-082007. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from local match and a donation, amending and reordaining certain sections of the 2007-2008 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 2007-2008 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations . Equipment Teachers Teacher Stipends Social Security Field Trips Materials and Supplies Teacher Stipends Social Security Student Incentives Teacher Stipends Social Security Field Trips Materials and Supplies Student Incentives Purchased Services Travel Materials and Supplies Teacher Stipends Social Security Materials and Supi:Hies Teacher Stipends Social Security Field Trips Materials and Supplies Tea~hers 30-062 -6715-0821-6138 30-062 -6794-0121-6450 30-062 -6920-0129-6100 30-062-6920-0201-6100 30-062-6920-0583-6100 30-062-6920-0614-6100 30-062-6921-0129-6100 30-062-6921-0201-6100 30-062-6921-0615-6100 30-062-6922-0129-6108 30-062-6922-0201-6108 30-062-6922-0583-6108 30-062-6922-0614-6108 30-062-6922-0615-6108 30-062-6923-0313-6138 30-062-6923-0554-6138 30-062-6923-0614-6138 30-062 -6924-0129-6514 30-062-6924-0201-6514 . 30-062-6924-0614-6514 30-062-6926-0129-6100 30-062-6926-0201-6100 30-062-6926-0583-6100 30-062-6926-0614-6100 30-063-6919-0121-6315 $16,426 13,618 1,393 107 500 3,000 8,360 640 1,000 3,614 276 400 610 100 7,000 2,500 500 18,114 1,386 500 1,115 85 300 1,500 800 Guidance Counselor Coordinators Social Security Contracted Services Travel Printing Advertising Materials and Supplies Operating Supplies Counselors 30-063-6919-0123-6315 30-063-6919-0124-6315 30-063-6919-0201-6315 30-063-6919-0313-6315 30-063-6919-0554-6315 30-063-6925-0351-6006 30-063-6925-0361-6006 30-063-6925-0614-6006 30-063-6925-0615-6006 30-064-6898-0123-6672 Revenues State Grant Receipts Local Match Federal Grant Receipts State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts Donation 30-062-6715-1100 30-062 -6794-1101 30-062-6920-1102 30-062 -6921-1100 30-062-6922-1100 30-062 -6923-1102 30-062-6924-1102 30-062 -6926-1100 30-063-6919-1102 30-063-6925-1102 30-064-6898-1103 475 1,100 665 22,290 470 650 1 ,400 450 22,500 11,682 16,426 13,618 5,000 10,000 5,000 10,000 20,000 3,000 25,800 25,000 11 ,682 Pursuant to the provisions of Section 12 .of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AAJ~m.~~ .,' Clly Clerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. 8ishop Superintendent Cindy H. Poulton Clerk of the Board August 20, 2007 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 August 14, the Board respectfully requests City Council to appropriate the following funds: . $16,426.00 for the purchase of Career and Technical Education equipment. This new program will be one hundred percent reimbursed by State funds. . $25,800.00 for the Roanoke City Leadership and Resiliency program to be administered by Family Service of Roanoke Valley for students at Noel C. Taylor. This continuing program will provide family service training for Roanoke City Public School staff and will be one hundred percent reimbursed by federal funds. . $5,000.00 for the Patrick Henry High School Ninth Grade Transition program to provide funds for the transition of middle school students to the high school. This new program will be one hundred percent reimbursed by federal funds. . $10,000.00 for the Project Graduation Combined Summer Academy to provide funds for high school instruction for seniors needing verified credits to graduate and for students who passed a class but failed the associated SOL exam. This continuing program will be one hundred percent reimbursed by State funds. . $5,000.00 for the Algebra Readiness Summer program for middle and high school students to attend summer algebra readiness classes at William Fleming High School. This continuing program will be one hundred percent reimbursed by State funds. . $10,000.00 for the High Schools That Work program to provide funding for staff development and collaboration to increase academic rigor across core and career/technical education classes at William Fleming High School. This new program will be one hundred percent reimbursed by federal funds. . $20,000.00 for the Pathwise Mentor Training program to provide funds for training and materiC!!s for mentor training for at least 25 new or recently hired teachers. Ttlis new program will be one hundred percent reimbursed by federal funds. . $25,000.00 for the Safe Routes to Schools program to provide bicycle safety training at Addison Middle School and Forest Park Elementary School to encourage more families to walk or bicycle to school. This new program will be one hundred percent reimbursed by federal funds. Members of Council Page 2 August 20, 2007 . $3,000.00 for the William Fleming High School Ninth Grade Transition Summer program to provide funds for the transition of middle school students to the high school. This continuing program will be one hundred percent reimbursed by State funds. . $13,618.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. This continuing program will be reimbursed by federal funds in the amount of $149,950.00. The additional appropriation of $13,618.00 is provided by matching local funds. . $11,682.00 for the Roanoke Adolescent Health Partnership to provide medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carilion Health Systems. This continuing program will be reimbursed by donations from Carllion Health Services. The School Board thanks you for your approval of the appropriation requests. Sincerely, C~~~ re cc: Mr. David B. Carson Dr. Rita D. Bishop Mr. Curtis D. Baker Mr. William C. Wingfield Dr. Richard C. Patterson Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver Ms. Lori Van Curen (with accounting details) City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY CLERK '07 AUG 13 m108:30 August 20, 2007 .' .' Ms. Stephanie Moon, CMC City Clerk City of Roanoke Roanoke, VA 24011 Dear Ms. Moon: The attached appropriation requests should be included on City Council's August 20 agenda. Thank you for your assistance. Cindy Iton, Clerk re Enc. ~~ ROANOKE DEPARTMENT OF FINANCE Noel C. Taylor Municipal Building 215 Church Avenue, SW. Room 461 Roanoke, Virginia 24011 540.853.2821 fax: 540.853.6142 August 20, 2007 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 August 14, 2007, the Board has respectfully requested that City Council appropriate the following funds: · $16,426 for the purchase of Career and Technical Education equipment. This new program will be one hundred percent reimbursed by State funds. · $25,800 for the Roanoke City Leadership and Resiliency program to be administered by Family Service of Roanoke Valley for students at Noel C. Taylor. This continuing program will provide family service training for Roanoke City Public School staff and will be one hundred percent reimbursed by federal funds. · $5,000 for the Patrick Henry High School Ninth Grade Transition program to provide funds for the transition of middle school students to the high school. This new program will be one hundred percent reimbursed by federal funds. · $10,000 for the Project Graduation Combined Summer Academy to provide funds for high school instruction for seniors needing verified credits to graduate and for students who passed a class but failed the associated SOL exam. This continuing program will be one hundred percent reimbursed by State funds. · $5,000 for the Algebra Readiness Summer program for middle and high school students to attend summer algebra readiness classes at William Fleming High School. This continuing program will be one hundred percent reimbursed by State funds. · $10,000 for the High Schools That Work program to provide funding for staff development and collaboration to increase academic rigor across core and career/technical education classes at William Fleming High School. This new program will be one hundred percent reimbursed by federal funds. Honorable Mayor and Members of Council August 20, 2007 Page 2 . $20,000 for the Pathwise Mentor Training program to provide funds for training and materials for mentor training for at least 25 new or recently hired teachers. This new program will be one hundred percent reimbursed by federal funds. . $25,000 for the Safe Routes to Schools program to provide bicycle safety training at Addison Middle School and Forest Park Elementary School to encourage more families to walk or bicycle to school. This new program will be one hundred percent reimbursed by federal funds. · $3,000 for the William Fleming High School Ninth Grade Transition Summer program to provide funds for the transition of middle school students to the high school. This continuing program will be one hundred percent reimbursed by State funds. · $13,618 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. This continuing program will be reimbursed by federal funds in the amount of $149,950. The additional appropriation of $13,618 is provided by matching local funds. . $11,682 for the Roanoke Adolescent Health Partnership to provide medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carilion Health Systems. This continuing program will be reimbursed by donations from Carilion Health Services. 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, a~ II. W Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop;'Superintend,ent, Roanoke City Public Schools ofS~ ~.)L...f';<':';", .- r-.. '.\. ;f,,j;- .~ c' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 4S6 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E.mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 22, 2007 '. The Honorable Octavia Johnson Sheriff Roanoke, Virginia Dear Sheriff Johnson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 20, 2007, you were appointed as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 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 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 and" leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Octavia Johnson oath June 30 20W.doc c The Honorable Octavia Johnson August 22, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, 'm.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, P. O. Box 1725, Salem, Virginia 24153 K:\oath and leaving service\Coull Community Corrections Program Regional Community CrimianI Justice Board\Octavia Johnson oath June 30 20 I O.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE J, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of August, 2007, OCTAVIA JOHNSON was appointed as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this twenty- third day of August 2007. ~'rY). ~~ City Clerk K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Octavia Johnson oath June 30 20lO.doc ) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECEL1A R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 30, 2007 B. Steven Lugar Deputy Police Chief Roanoke, Virginia Dear Deputy Police Chief Lugar: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 20, 2007, you were appointed as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 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 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 and leaving service\CoUI1 Community Corrections Program Regional Community Crimianl Justice Board\Deputy Chief Steve Lugar oath June 30 201 O.doc Deputy Police Chief B. Steven Lugar August 30, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, ~~. Sheila N. Hartman Deputy City Clerk SNH:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, P. O. Box 1725, Salem, Virginia 24153 K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Deputy Chief Steve Lugar oath June 30 2010.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of August, 2007, B. STEVEN LUGAR was appointed as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this thirtieth day of August 2007. 0~ Deputy City Clerk " K;\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Deputy Chief Steve Lugar oath June 30 201 a.doc -.~.: '&<'5" ~~ - STEPHANIE M. MOON, CMC City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853.1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk August 23, 2007 At the regular meeting of the Council of the City of Roanoke held on Monday, August 20, 2007, you were instructed to prepare appropriate measures reappointing Linda D. Frith and F. Gordon Hancock as Directors of the Economic Development Authority for terms of four years, each, ending October 20, 2011; and designating Council Member Beverly T. Fitzpatrick, Jr., as the Voting Delegate, and Council Member Alfred T. Dowe, Jr., as the Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League on Tuesday, October 16, 2007, in James City County, Virginia. SMM:ew Sincerely, ~~,~ Stephanie M. Moon, CMC City Clerk .~~ \}l IN THE COUNCIL OF THE CITY ,OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37863-082007. A RESOLUTION paying tribute to the Virginia Warriors (16 and under) Basketball Team for its victory in the Youth Basketball of America (BYOA) National Championship Tournament in Orlando, Florida, June 30 - July 8, 2007. WHEREAS, the Warriors defeated the 5-A State Champs Florida Prospects by a score of 57 - 54 in the title game on July 8; WHEREAS, team members Eric Thomas, Jr., and Stephon Anderson were selected to the All Tournament Team, Shaquan Manning was selected as Outstanding Defensive Player, and Jamelle Hagins was selected the MVP of the tournament; WHEREAS, the Warriors team is comprised of Frank Miller, Jr., Stephon Anderson, Marcus Johnson, Shaquan Manning, Jamelle Hagins, Eric Thomas, Jr., Dequan Brown, Deshaza Wade, and Justin Bonds; WHEREAS, under the leadership of Head Coach Ron Anderson and Assistant Coaches Eric Thomas, Sr., Brian Paige and Frank Miller, Sr., the team finished its 2007 season with a fantastic 35 - 3 record; and WHEREAS, throughout the 2007 basketball season, the team members represented Roanoke with the highest level of performance, sportsmanship, and pride against their opponents and played to the best of their abilities. \ h THEREFORE, BE IT RESOL VEl'? by the Council of the City of Roanoke that: \ 1. Council adopts this resolutibn as a means of recognizing and commending the Virginia Warriors for their victory in the YBOA National Championship Tournament. 2. The City Clerk is directed to forward an attested copy of this resolution to the Warriors' Head Coach, Ron Anderson. ATTEST: City Clerk .- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853~1145 E~mail: .c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 22, 2007 Karen McNally Executive Director Presbyterian Community Center, Inc. 1228 Jamison Avenue, S. E. Roanoke, Virginia 24013 Dear Ms. McNally: I am enclosing copy of Ordinance No. 37873-082007 exempting the Presbyterian Community Center, Inc., and PCC Land Company, LLC, an organization devoted exclusively to charitable or benevolent purposes on a nonprofit basis, from rear estate property taxation certain property located at 1236 Jamison Avenue, S. E., identified as Official Tax No. 4120525, effective January 1, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. ' Sincerely, ~ hl,~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Karen McNally August 22, 2007 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Thomas Carr, Director, Planning, Building and Development Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget If) ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. WEBB Assistant Deputy City Clerk December 16, 2008 Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia EvelynW. Powers City Treasurer Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 37873-082007, which has been properly executed by the Presbyterian Community Center, Inc., and PCC Land Company, LLC, for purposes of assessment and collection, respectively, of the service charge established by this Ordinance. . Sincerely, ~'rn,m~ Stephanie M. Moon, CMC C City Clerk Attachment pc: Karen McNally, Executive Director, Presbyterian Community Center, Inc.; and Agent, PCC Land Company, LLC, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013 L:\CLERK\DAT A\CKEWI \AGENDA CORRESPONDENCElagenda correspondence 07\August 07\Presbyteriao Community Center, Inc. Notarized Ordinance. doc ~. \rJ~ ., ). IN THE COUNCIL OF TIIE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37873-082007. _, "'. r' .. .AN ORDINANCE exempting from real estate property taxation certain property of the Presbyterian Community Center, Inc., and PCC Lap.d Company, L.L.C., located in the City of Roanoke, organizations devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Presbyterian Community Center, Inc., and PCC Land Company, L.L.C., (hereinafter collectively "the Applicant''), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution . of Virginia; WHEREAS, a public hearing at which all citizens had an opportUnity to be heard with respect to the Applicant's petition was. held by Council on August 20, 2007; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950); as amended, have been ~xamined and'considered by the Council; WHEREAS, the Applicant agreeS that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 4120525, less any portions ofwbich are leased to or used by other entities, commonly known as 1236 Jamison Avenue, S.E., (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has K:\Measures\tax exempt Preb Conun Center PCC Land B 07 .doc ~. , > voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be applicable to the Property were the Property not exempt from. such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BB IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies. and designates Presbyterian Community Center, Inc., and PCC Land Company, L.L.C., as a charitable or benevol~nt organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 4120525, less any portions of which are leased to other entities, commonly known as 1236 Jamison Avenue, S.B., and owned by the I Applicant, which property is used exclusively for charitable or benevolent purposes on a non- profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2008, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this K:\Measures\tax exempt Preb Comm Center PCC Land 8 07.doc I '-, .) Ordinance, and to Karen McNally, Executive Director of the Presbyterian Community Center, Inc.) and the authorized agent of the PCC Land Company, L.L.c. , 5. Pmsuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~rn.~ City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Presbyterian Community Center, Inc., this ~ daY~f ]}0nber . 20~. atUlt1~t..el:)e.e7): 1J6FOiU II~ Tlfla 5tt tJAf 11 ~k-(, J()~>:f t!I~ ,f SLld4Imcl/V . . - ~,~ ~e.., PRESB ,:--> ~~~~/tf By " (SEAL)~ 2j;)~:1t1~a:s- Y1 n 'I "c' . Printed Name and T' ACCEPTED, AGREED TO AND EXECUTED by PCC Land Company, L.L.C., this ~ day of ---1}L.tn\Oa .2008. 'I (I PC -~ , " .)J "'.;,' __/ \('1,<" ..... \:.~;-..:",.>, By -~ :~' (SEAL"!;' ,.i_ ~ '_.J.~ " ':.. '.... -" " -..-- ~ '.~ I' :-.: ,4~;;af>tid:n/ ~ ~€" 71+J~ stt />fly ~ r DE'(J.c'/I,!;~" dl;'~J, ~ 4 f!(a4dAn~ ~~~ . ~~ $/J1ft,9 ~ :z::D ~ ~~~5().5 K:\Measures\tax exempt Preb Comm Center PCC land 8 rn.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 . Telephone, (540) 853-2333 Fa" (540) 853-!138 City Web: www.roanokcva.gov August 20, 2007 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 Hono'rable Brian J. Wishneff, Council Member Subject: Tax Exemption Request - Presbyterian Community Center, Inc., and PCC Land Company, LLC Dear Mayor Harris and Members of City Council: Background: The Presbyterian Community Center, Inc., and PCC Land Company, LLC, own the property known as Tax Map # 4120525 located at 1236 Jamison Avenue, SE, Roanoke. The Presbyterian Community Center, Inc., is a religious association conducted not for profit and is the sole member of the PCC Land Company, LLC. The Center provides emergency economic assistance of food, utilities, rent, and prescriptions to low-income families, and educational programs to at-risk youth in Southeast Roanoke. The property at Tax Map #4120525 consists of two buildings and a small parking lot. One of the buildings is currently leased by the Presbyterian Community Center to Roa-Va Tech Computers. The Center completed renovations to the second building on the property in late June in order for it to be used as an after-school treatment program for low-inco(ll,e children with behavioral and emotional disorders. With the completion of the renovations, the City's Department of Real Estate Valuation has re-assessed the entire parcel at $9S,1 00. Annual taxes due will be $1,131.69. The previous assessment was $82,700. The organization requests an exemption from real estate taxes on the portion of the property that will be used for the after-school treatment program. Honorable Mayor and Members of City Council August 20, 2007 Page 2 Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. The Presbyterian Community Center, Inc., and PCC Land Company, LLC, have provided the necessary information required for applications for exemptions that would take effect January 1, 2008. The property located at 1236 Jamison Avenue, SE, Roanoke, is titled in the name of the PCC Land Company, LCC; however, the Presbyterian Community Center, Inc., acts as the holding company. Since the PCC Land Company, LLC, does not exist from an income tax standpoint, and the PCC Land Company, LLC, is a single member LLC, in which the Presbyterian Community Center, Inc., is and will always be the only member, the tax exemption with respect to the portion of the property located at 1236 Jamison Avenue, SE, Roanoke, should be granted to both the Presbyterian Community Center, Inc., and the PCC Land Company, LLC. The Presbyterian Community Center, Inc., and the PCC Land Company, LLC, do not seek tax exemption for the portion of Tax Map # 4120525 which is leased to the other entity. As noted above, the re-assessed value of the entire parcel is $95,100 with annual taxes due of $1 ,131.69. The non-exempt portion of the property will be valued at $47,800, and the Presbyterian Community Center, Inc., and the PCC Land Company, LLC, will continue to pay taxes in the amount of $568.82 on this portion which is leased to the other entity. The proposed exempt portion of the parcel will be assessed at $47,300, and in lieu of the $562.87 in taxes on this piece, the City will levy a twenty percent service charge of $112.57 to the organization instead. Consequently, the City will collect a total of $681.39 in taxes and service charges from the Presbyterian Community Center rather than the original tax amount of $1,131.69. The loss of revenue to the City will be $450.30. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held August 20, 2007, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Presbyterian Community Center, Inc., and PCC Land Company, LLC, exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2008, if the organizations agree to pay the subject service charge by that date. Honorable Mayor and Members of City Council August 20, 2007 Page 3 Respectfully submitted, Darlene L. B cham City Manager DLBjrbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Ms. Karen McNally, Executive Director, Presbyterian Community Center, Inc., 1228 Jamison Avenue, SE CM07-00117 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - --- PRESBYTERIAN COMM. 1228 JAMISON AVE., ROANOKE VA 24013 CTR. SE REFERENCE: 80050599 10389504 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of vir~~nia. Sworn and subscribed before me this __~_~_day of August 2007. Witness my hand and official seal. f01 '-~Cl(:rrL~__Oo~~Tn- ~;a~y LLPUbliC ~~~Yssion ex~s _~~_~~~I ___' PUBLISHED ON: 08/10 \\\\1111"~/ \\ I" " "''''co N , " " "" \ . v'O ' ...' 0...... ....... 'J.-." ~- S....NOiARy...... ~'-:. :: Q;; : PUBLIC '. ~ g (0 ( REG. #332963 ~ * ~ :: *: I!fi COMMISSION :"'" = - . ~ :~- ;~"o. :r~: "~_". ." r....'J:; ",-~ 00. .00 ~'...'" "~O ......{i_ "',,'1tIVIi'ALi\\ I:l,,"'- 11"vnll\,,' TOTAL COST: FILED ON: 190.45 08/10/07 NOTICE OF PUBLIC HEARING. Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at Its regular meeting to be held on August 20, 2007, commencing at 7:00 p.m" in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 I Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to ~58.1.3651, Code of Virginia (1950), as amended, approving the request of Presbyterian Community Center,lnc., and PCC Land Company, L.L.C., for designation of its real property, identified as I Official Tax No. 4120525 , and located at 1236 1 Jamison Avenue, S.E., to be exempted from real estate taxation. The total assessed value of the applicant's real estate for which tax exemption Is being sought, for tax year 2007/2008 is $95,100, with ,a.totaf real estate tax I assessment.of $1,131.39 for the 2007/2008 tax year. The loss of revenue will'be ;$450.30 aririually'after'a '20% service charge is levied ,Inlieuofrealestatelaxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a personwilh a I disability who needs accommodations for this I,publichearing,contactthe City Clerk's.Office, 853-2541, by 12:00 noon on J Thursday, August 16, 2007. GIVEN under my hand this ist day of August, 2007. I Stephanie M. Moon, City Clerk. (10389504) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - -+- - - - -- - - - - - - - - - - - - - - - - -- Authorized ~ .J 1l1L-i1.' I. A , ..'. Signature:_;l~~f___Z~Billing ,,--, ~ " Services iepresentative "" ~ E? <:"i ~ 3i1 @ ~ ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing at its regular meeting to be held on August 20;i2007, commencing at 7:00 p.m., in the Council ,._ J. _\.-' Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to ~58.1-3651, Code of Virginia (1950), as amended, approving the request of Presbyterian Community Center, Inc., and PCC Land Company, L.L.C., for designation of its real property, identified as Official Tax No. 4120525 and located at 1236 Jamison Avenue, S.E., to be exempted from real estate taxation. The total assessed value of the applicant's real estate for which tax exemption is being sought, for tax year 2007/2008 is $95,100, with a total real estate tax assessment of$I,131.39 for the 2007/2008 tax year. The loss ofrevenue will be $450.30 annually after a 20% service charge is levied in lieu ofreal estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 16, 2007. GIVEN under my hand this 1st day of August ,2007. Stephanie M. Moon, City Clerk. K:IMEASURES\TAX EXEMPT PH NOTICE PREB COMM CENTER PCC LAND S 07.DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 10,2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Karen McNally, Executive Director Presbyterian Community Center, Inc., and PCC Land Company, LLC 1228 Jamison Avenue, S. E. Roanoke, V A 24013 (540) 982-2911 . I ! ~~ ROANOKE DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW. Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 August 7, 2007 Karen McNally Executive Director Presbyterian Community Center, Inc. 1228 Jamison Avenue Roanoke, VA 24013 Dear Ms. McNally: The Presbyterian Community Center, Inc., and PCC Land Company, LLC, filed a petition requesting partial exemption from taxation on real property located at 1236 Jamison Avenue, S. E., and identified as tax map number 4120525. . Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, August 6, 2007, the Council approved a request of the City Manager to hold a public hearing on Monday, August 20, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. A notice of public hearing with regard to the matter will be published in the Roanoke Times on Friday, August 10, 2007. Your organization will be billed for the amount incurred for publishing the notice. I am forwarding you a copy of a Council Report dated August 20, 2007, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for partial exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on August 20th to respond to questions that may be rai~,~d regarding the petition. The '..~,\~I .' session will be held in City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. If you have any questions regarding this information, please feel free to call me at 853-1643. . Sincerely, K6o(~Jr R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure v pc: Stephanie M. Moon, City Clerk .p~ .!.?'... '~-.~. .~ .'f CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk May 29, 2007 SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non.profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2, 2002. I am attaching copy of a revised petition, which was filed in the City Clerk's Office on May 22, 2007, by Presbyterian Community Center, Inc., and PCC Land Company, LLC, Virginia, non-stock, not-for-profit corporations, requesting exemption from taxation of real property a portion of the property located at 1236 Jamison Avenue, S. E. identified as Official Tax No. 4120525, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ClfuL?J). Sheila H. Hartman Deputy City Clerk SNH:ew Attachment K:\Tax Exempt\Presbyterian Community Center REVISED 52207.doc Darlene L. Burcham May 29, 2007 Page 2 pc: Karen McNally, Executive Director,. Presbyterian Community Center, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K:\Tax Exempt\Presbyterian Community Center REVISED 52207.doc . w CCB 1228 Jamison Avenue, SE Roanoke, VA 24013 Phone: 540.982.2911 Fax: 540.342.3568 E-mail: presbctr@pccse.org Website:www.pccse.org resbytqian community center May 24, 2007 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Petition for Tax Exemption of Presbyterian Community Center, Inc. and PCC Land Company, LLC Dear Mayor Harris and Council Members: Enclosed is a Petition for Tax Exemption from the Presbyterian Community Center and PCC Land Company, LLC relating to parcel # 4120525 located at 1236 Jamison Avenue in Southeast Roanoke. We seek tax exemption for a portion of this parcel, to be used by the Presbyterian Community Center as an after-school treatment program for low-income children with behavioral and emotional disorders. The Presbyterian Community Center has provided charitable assistance to families and at-risk youth in Southeast Roanoke for 40 years. Thank your for your consideration of this request. Please contact me if I may provide additional information. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioners, Presbyterian Community Center, Inc. and PCC Land Company, LLC, Virginia, non-stock, not for profit corporations own certain real property, located at 1236 Jamison Avenue, SE, in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID# 4120525, with a total assessed value of $57,900 and a total of $689.00 in real property taxes that were paid or would have been paid in the most recent year, desire to be an organization designated pursuant to the provisions of Sec. 58.1- 3651, of the Code of Virginia, as amended, in order that a portion ofthe referenced real property, to be used exclusively for charitable and benevolent purposes in providing an after-school day treatment program for low-income children with behavioral and emotional disorders, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioners are operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioners are classified. The property at tax map ID #4120525 consists of two buildings and a small parking lot. One of the buildings is currently leased by the PCC to Roa-Va Tech Computers. An exemption is not being requested for this leased space, nor is one being requested for the parking lot which is shared jointly by the PCC and the customerslemployees of the computer store. The second building was formerly leased to Discount Video Store. It is this piece of the property that will now be used by the PCC exclusively for the after- school day treatment program, and this is the "portion" for which the tax exemption is now being requested. Interior renovations are currently underway to convert this building to its new use, and they are expected to be completed by mid-July 2007. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, iflocated within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on July 23,1992. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No. Pro-bono Directors. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No part of the net earnings of the organization inures to the benefit of any individual. 2006 Funding: Total unrestricted receipts in 2006 - $124,659.99 Total restricted receipts - $129,433.61 Total Contributions in Kind (non-food) - $131,888.75 Total Food Contributions in Kind - $80,502.34 Total Federal Grants (CDBG) - $18,028.33 Total FEMA - $2,460.00 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides emergency financial assistance and a food pantry to low-income individuals and families, the Pathways for Youth after-school program for low-income families with children, and the Pathfinders after-school day treatment program for low-income children with emotional and behavioral disorders. 2 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): In 2006, the Presbyterian Community Center provided the following assistance to residents ofthe City of Roanoke: Food orders: 2,318 families, feeding approximately 6,000 family members. Emergency financial assistance: 1,521 families that included over 1,400 children. Pathways for Youth after-school program for 49 low-income children and families residing in Southeast Roanoke. Note: A copy of this Petition is being delivered this day to the City Manager ofthe City of Roanoke, Virginia. THEREFORE, your Petitioner, The Presbyterian Community Center, Inc., respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as yOur Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing an after-school day treatment program for low-income children with behavioral and emotional disorders. Respectfully submitting this 24th day of May, 2007. The By: 3 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy March 22, 2007 Ms. Karen McNally Executive Director Presbyterian Community Center 1228 Jamison Ave, SE Roanoke, VA 24013 Re: Tax Map No. 4120525 Property located at 1236 Jamison Ave, SE (formerly known as 713-715 13th Street, SE) Dear Ms. McNally: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2006-07 tax year. To be considered for tax exempt status a petition must be filed with Roanoke City Council. Please contact our office if we can be of further assistance or if you have any questions. Sincerely, ,i.-:);#~/f ,/.." ~ ~:_,,:.;::>;:" /:,:.:_1 <"'r'_,.--~~'''t:-..~. /~Yj",/J (,. ~.:,..,... .-- . ~ c. .. I' .... ~-.-.~,+..' Sherman A. Holland,' Commissioner of the Revenue cc: Stephanie Moon, City Clerk SAH/jec 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-11t5 * www.ci.roanoke.va.us 'Iritern~IRevenue Ser:\rice >Pepartmentcifthe Treasury.. P. O.Box' 2508.. CinCinnati,OH 45201 Date: May 6. 2005 PRESBYTERIAN COMMUNITY CENTER INC % KAREN MCNALLY 1228 JAMISON AVE SE . ROANOKE VA 24013-1909 Person to Contact: Robert Molloy 31-04023 'Customer Service Representative Toll Free Telephone Number: 8:30 a.m:to 5:30 p.m. ET 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 54-1610899 . Dear Sir or Madam: This is in response to your request of May 6, 2005, regarding your organization's tax- exemptstatus. . . . . . 'nJuly.1 Q92 we)ssued a determinaiion.I.ettet!hat recognized. YO,uro,rgan i;zation as e~ernpt. fron; f~der~1 income lax. Qurrecords indicate that yourorgariization is currently exempt . undefsection 501(c)(3) ofthelnternalReV6rlue Code..' . . '. .. ". .. '__ ,__ ; ,'::: ~;~:,::_:,~,-:::'_;j:::l::~-'~:?:-:}:<.~.',:;-.:.~~ :'~;_,<D~<:__'_ _:~ '::::0"':--'-:-"- _ ::.'::'.;;-,_:~~::.:<':'_::,.. _ -:.:~.;_:-:~~:~q'~~-:\':,:;_:~"_~~;:~:~';:'::~;>-,',,'_:--\~:;,;:,,~::>,_<,:'~>',:~~-.~'~__~f ;,.:~ -;,.:' .,';-:, > ',:- '" .-~' .~-_::': -:,' :_<..::_::_:":;::i";_" .> .... "Ourrecords indicate thcityour organizatiOriisalso ,.classified as)ipupIiccharity iJrid~( ....., .......... . .....sec:tions509(a)(1) and 17:0(b)(1 )(A)(vi)6(thelr'1t.eriiaIRev~nUec:::ode.. 'i,/i/' , ,;.'-'-'"0---' .,., - - _~_:"., .~ - -'--:..~-~;;:,;~::- - .'~:;::'::: _ .,~_:__~_. .,__,_,_ - - - ',:-_,_",_.>._<:,;_:::..: ;.' ~_,' _.'- ...Qurrec6rd siridicatethatcOntributions toyOLJ? ()rg'anfz~ti6narededl.lCtible'~H1detJecti6ri<:' ,;.: . "17poftheCode: and that.yO\.lare. qualified .to 'reCeiveta.xdeductible'bequests,devfse'~,::--:';-. fransfers or gifts under sectiOn.:2055.21 06Hor2522'of thelnlernal Reve;'nueCode.':"O{..'.;':/)... . . - ..:._ '_._ ..... .1: If you have any questions, please call us at the telephone number shown in the headingClf'. . 'this letter. .' . .. Sincerely, 6";;'-'-., ~f(.~ Janna K. Skufca, Director, TE/GE Customer Account Services > ~, . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 R-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk AprilS, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on April 3, 2007, by Presbyterian Community Center, Inc., and PCC Land Company, LLC, Virginia, non-stock, not-for-profit corporations, requesting exemption from taxation of real property a portion of the property located at 1236 Jamison Avenue, S. E. (formerly known as 713 and 715 13th Street, S. E.), identified as Official Tax No. 4120525, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~n;.h,~ Stephanie M. Moon, CMt City Clerk SMM:ew Attachment K:\Tax Exempt\Presbyterian Community Center 4120525.doc Darlene L. Burcham April 5,2007 Page 2 pc: Karen McNally, Executive Director, Presbyterian Community Center, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K:\Tax Exempt\Presbyterian Community Center 4120525.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk August 21 , 2007 Mr. Robert Fielding 1221 Wasena Terrace, S. W. Roanoke, Virginia 24016 Dear Mr. Fielding: I am enclosing copy of Ordinance No. 37874-082007 permanently vacating, discontinuing and closing a portion of an alley running parallel with Wasena Terrace, S. W., said alley adjoining properties bearing Official Tax Nos. said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514,1220513 and part of 1220512. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage Sincerely, ~~~.~~ Stephanie M. Moon, CMC ' City Clerk SMM:ew Enclosure pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Ms. Norma D. Fielding, 4438 Pheasant Ridge Road, S. W., #305, Roanoke, Virginia 24014 Ascal Corporation, 1229 Wasena Terrace, S. W., Roanoke, Virginia 24014 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney -'\ f\ ~\d-I>J\O\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37874-082007. AN ORDINANCE permanently vacating, discontinuing and closing a portion of an alley and certain public rights-of-way in the City of Roanoke, as more particulaTly described hereinafter; and dispensing with the second Teading by title of this ordinance. WHEREAS, Robert Fielding filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a portion of an alley and certain public rights- of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 20, 2007, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council. considers that no .i' .-.- inconvenience will result to any individual 'or to the public from permanently vacating, discontinuing and closing such portion of an alley and certain public rights-of-way. O-Fielding, Robert- Close alley- Wasena Terrace, S.W. 8-20.07 . THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alley and certain public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of an alley running parallel with Wasena Terrace, S.W., said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513, and part of 1220512. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of an alley and rights- of-way, reserving however; to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water. mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such street and public rights-of- way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described portion of an alley and public rights-of-way of any such municipal installation or otheT utility or facility by the owneT theTeof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court O-Fielding, Robert - Close alley - Wasena Terrace, S.W. 8-20-07 for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. O-Fielding, Robert - Close alley - Wasena Terrace, S.W. 8-20-07 O~Fielding, Robert - Close alley - Wasena Terrace, S. W. 8~20-O7 ATTEST: ~~~.~ City Clerk. CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 21S Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architl'ctural Review HOllrd Board of Zoning Appeals Planning Commission August 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Robert Fielding to permanently vacate, discontinue and close a portion of an alley running parallel with Wasena Terrace, S.w. said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513 and part of 1220512. Recommendation: Planning Commission public hearing was held on Thursday, July 19, 2007. Other than clarification of ownership of an adjoining parcel, there was no further discussion by the Commission or comment from the audience. By a vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission recommends that City Council approve the applicant's request and vacate the portion of alley as requested. Granting the applicant's request will rid the City of an unneeded portion of paper right-of-way and two parcels that lack street frontage, and allow the applicant to maintain the property as part of his rear yard. The closure should be subject to the conditions listed below. A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all Members of City Council Page 2 August 20, 2007 existing utilities that may be located within the right-of-way, including the right of ingress and egress. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. D. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, 1~~ Henry Scholz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 3 August 20, 2007 Application Information Request: Permanent Vacation, Discontinue and Closure of a portion of allev adioinina properties on Wasena Terrace Owner/Aoplicant: Robert Fieldina Representative: nla Citv Staff Person: Frederick Gusler Site Address/Location: 1221 & 1229 Wasena Terrace, SW Official Tax Nos.: 1220519, 1220520, 1220514, 1220513, 1220512 Site Area: Aooroximatelv 28,125 square feet Existino Zonino: RM-2, Residential Mixed Densitv District Proposed Zonino: nla Existino Land Use: Vacant, paoer allev Proposed Land Use: Exoansion of rear vard Neighborhood Plan: Hurt Park/Mountain View/West End Specified Future Land Single-family Residential Use: Filing Date: Original Application: June 6, 2007 Background: The portion of alley requested for vacation is unimproved. The applicant owns the properties on each side. Official Tax Nos. 1220519 and 1220520 are both vacant and are nonconforming lots, as they lack street frontage. Considerations: Surroundina Zoninq and Land Use: Zoning District Land Use North RM-2, Residential Mixed Densitv District Residential South RM-2, Residential Mixed Densitv District Residential East RM-2, Residential Mixed Densitv District Residential West RM-2, Residential Mixed Densitv District Residential Compliance with the Zonina Ordinance: The proposed vacation would be combined with the applicant's adjoining properties. The additional land will not allow the applicant any further development potential, aside from adding to the existing houses. The properties to be combined are of the same zoning designation. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request does not pose any conflicts with the Hurt Park/Mountain View/West End Neighborhood Plan or the goals of Vision 2001-2020. Members of City Council Page 4 August 20, 2007 Public Utilities The area is served by public utilities. Staff received comments from Appalachian Electric Power (AEP), Verizon, the Western Virginia Water Authority and Roanoke Gas, all of which stated no opposition to the request. Verizon and the Western Virginia Water Authority both stated the existence of facilities underground in the subject portion of alley, which would require 15 and 20 foot public utility easements respectively, or the applicant to relocate these facilities. Citv Department Comments: None Public Comments: None ) ',', :XJ ,H ""'. ::0."",'.,''-'..''_''''-''.'-:,;'-'-'0;. - "':~- Date:Jline 6, 2007 To: Office of the City Clel-k Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 , . . . . . .Ajtsu:iiiii~lS(iniist be typfidaiJit inctlide atjreqiil~i:locuni~ntiJtion and a check fOrfhe"tingfH. ' Applica~~n!isllereby submit1:edfor street or alley vacati~n for the property located at: '~,,:y' ,~- .. . ,..';" . . . . Locati~n~riddeSCriPtion of street or alley to be closed: The; portion of the subj,ec1;. aJ.l.ey to he. vacateiL is cont:i:/mous'to, the northeast, boundar\!" line of mY' '()roy~r.t?T; as;de1Jicted oh: tn.€! attached sketch, annexed hereto as Exhibit.. r.one.nage) '-,""'. ,. .,'-,' Proposecfuseofvacatedstreetoralley: Rp""":,:,b,'Y'p I''Y'npp'Y''ty', f'p",...p ",.,0 1""'08<08",,8 area, .,-",' ., Name biAppiieantlContact PerSon: ' . : R?co-e:r:;j; Fi.~d i '''r:: ,.... ;~;;i1in;~;diiZ; - .':E;"~-i!~~::'~~i;i~e_~i,; Rbanoke :v~r~-n; " 24.0r:6 '<' . ~ ~,",'-. :'.' '. "." . ,,,. , "., "<0';: ,;',\, J' . robert.:fielding hotmai~..cOlIt E-mail:- .. -.- ,. ~1fPIi~nt(S) signatUre(s)r- tj'~,< ........ ."'. .,. _~t' ','1 ' ..... ''-'" ,.,,' r.......... ,..i.-,.,.~"7_f._,;" ..-,-,'-.....; . .~ .;,Ii,\,:;'''>,\\ "'. ~,~."'~-- ~...& ,."" , , "',",":"" .."-~c,->.~,,. 5 en 0) c 0 o ~ ... L- ro 0) 01- ro > ~ >>0) 0) I/) = ro <($: T- N N T- ~ 0 ~ .... .N 0 0 0 ~ '" .... 10 N ~ ~ ~ 0 0 0 N 0 0 .... .... .... .... N N N 0 0 0 <'oJ <'oJ N . N N <'oJ ~ ~ ~ ::E N N N ~ ~ ~ Ill: ~ o 10 o N N ~ m 0 co 0 ~ 10 ~ 10 0 10 0 N 0 N N <'oJ N ~ N ~ ~ .... co 0 0 10 10 C 0 0 0 N N 'E N N ~ ~ 0 0- w ~ 10 0 N N ~ 10 ~. OlSOZZ ~ 10 0 N N ~ m ~ 10 0 N N ~ '" ~ 10 0 N N ~ z - 1220505 1220504 1220503 1220502 N N ~ . 10 :liE 0 N Ill: N ~ ~ 0 Z 10. 0 N ~ - N ~ ~ 10 0 Z ~ N - 0 N co ~ 0 N N ~ z --- -(J- . . ,:;,-. (J 9~vOZU The Roanoke Times Roanoke, Virginia Affidavit of publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10418170 NOTICE OF PUBLIC HEA NOTICE OF PUBLIC HEARING PUBLISHED ON: ,,\," "fff/. III ., JO '" " ",'i1,. \~, Y:C " ...' 4.-' ,""'. .,;('\.', .... ;;'"'!- " ~I '. '" , .... t;:J-V,,' ~;..~"\ ", " ;:' C ,.. ~O IO'P _~" ". -i' ~ -_. ,.,0 oo,p"' ~ =a:: ' -;'0" ,,:<<=: : to: 12.0'* 1<t-\'O'OIr:J : z: - . ~ r~'~ <,' .-. ;. -tt ", ~ VV Sl\1'\. :' if E , ., .~... , CO'. .' i<. - "",;;I/f~ON'W" ~.;~\~ ?""" '1, l,1"' \" """111" --------------------------------------------------+-----------~------------ -< -< ,..., \B "" Billing Services ~epresentative -.J S ~~ ~ .:;;, CO ffi The Council of the City of Roanoke will hold a public hearing on Monday, August 20.2007, at 7:00 p.m" or as soon thereafler as the matter may be heard, In the Council Chamber, fourth floor, In the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to considerthefo!lowlng: Request from Robert Fielding to permanently vacate, discontinue and close a portion of an alley runningparllllelwithWasena Terrace, S.W., said alley adjoinlng.properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513, and part of 1220512. A copy of the appllcaHon is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. . All parties in Interest and cillzensmayappearonthe above date and be heard on the matter. If you are a person with a disabiHty who needs accommodations for this hearing, please ~ontact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of August, 2007. Stephanie M. Moon, CMC City Clerk. State of Virginia City of Roanoke I I (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___~1&_day of August 2007. Witness my hand and official seal. ~~=~=:ib:~L::~~~C 08/03 08/10 (10418170) TOTAL COST, FILED ON: 322.30 08/10107 Authorized V. "i Signature'_;l~_;lj- ~\D/) ~~L~" NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Robert Fielding to permanently vacate, discontinue and close a portion of an alley running parallel with Wasena Terrace, S.W., said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513, and part of 1220512. A copy ofthe application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of August ,2007. Stephanie M. Moon, CMC City Clerk. N-Robert Fielding - vacate Wasena Terrace, SW 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-254 ] <fi~D ~."Jl.",A",,*,. . .~ ,.......:: --~ ... CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cJerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk August 6, 2007 Mr. Robert Fielding 1221 Wasena Terrace, S.W. Roanoke, Virginia 24016 Dear Mr. Fielding: . Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke. on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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., on your request to permanentlyvacate, discontinue and close a portion of an alley running parallel with Wasena Terrace, S. W., said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513 and part of 1220512. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the August 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure ~\D1 .\~l~ . NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church A venue, S.W., Roanoke, Virginia, to consider the following: Request from Rober! Fielding to permanently vacate, discontinue and close a portion of an alley running parallel with Wasena Terrace, S.W., said alley adjoining properties bearing Official TaxNos. 1220519, 1220520, 1220514, 1220513, and part of 1220512. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of August ,2007. Stephanie M. Moon, CMC City Clerk. N-Robert Fielding - vacate Wasena Terrace, SW 8-20-07 @9~ .._.J.L4'~. "'"'-.~'.' . ',' ;l..i ~' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 6, 2007 Ms. Norma D. Fielding 4438 Pheasant Ridge Road, S. W., #305 Roanoke, Virginia 24014 Ascal Corporation 1229 Wasena Terrace, S. W. Roanoke, Virginia 24014 Dear Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 bf Robert Fielding to permanently vacate, discontinue and close a portion of an alley running parallel with Wasena Terrace, S. W., said alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1220514, 1220513 and part of 1220512. 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. .~.~ Stephanie M. Moon, CMC City Clerk SMM:ew To the Clerk of the City of Roanoke Robert Fielding for closure of pt of an alleyway adjacent to properties on Wasena Terrace, S.W. ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 1220515 Owner Norma D. Fielding Mailinq Address 4438 Pheasant Ridge Road #305 Roanoke, VA 24014 1220514 1220519 Petitioner CITY CLERK '07 JUN 26 AK10:27 CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S. W., Room 4S6 Roanoke, Virginia 24011-1S36 Tetephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 6, 2007 Henry Scholz, Chair City Planning Commission 2335 Broadway Avenue, S. W. Roanoke, Virginia 24014 Dear Mr, Sholz: Pursuant to Section 36,l-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Street and Alley Application received in the City Clerk's Office on June 6, 2007, from Robert Fielding requesting that a portion of an alley to the northeast boundary line, adjacent to property located at 1221 Wasena Terrace, S. W., be vacated, discontinued and closed. Sincerely, ~~~~J IY). ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosure) Robert Fielding, 1221 Wasena Terrace, S. W., Roanoke, Virginia 24016 (w/o 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 K:\REZONING AND STREETCLOSURE\1221 Wasena Terrace SW Alley vacated.doc @S~ iii CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephooe: (540) 853-2541 Fax: (540) 853-1145 E-mail; c.lerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE ASSistant Deputy City Clerk August 23, 2007 Joseph Lohkamp Echo Sentinel Group, LLC P. O. Box 6319 Roanoke, Virginia 24017 Curtis A. Anderson, Executive Director Unified Human Services Transportation Systems, Inc. P. O. Box 13825 Roanoke, Virginia 24037 Gentlemen: A public hearing on the request of Echo Sentinel Group, LLC, and Unified Human Services Transportation Systems, Inc., that 31" Street, N. W" between Baker Avenue and Breckenridge Avenue, and a portion of Breckenridge Avenue, and a 15 foot-wide alley running in an easterly direction to its terminus at 31" Street, be permanently vacated, discontinued and closed, was conducted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 20, 2007. Pursuant to an unanimous vote of the Council, the ordinance permanently vacating certain portions of rights-of-way and alley was tabled until the next regular meeting of Council on Tuesday, September 4,2007 at 2:00 p.m" or as .soon thereafter as the matter may be heard. Sincerely, .~,~ Stephanie M, Moon, CMC City Clerk SMM:ew Joseph Lohkamp Curtis A. Anderson August 23, 2007 Page 2 pc: Norfolk Southern Corporation, Attention: William Gorby, Property Manager, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Baker Avenue Properties, LTD, P. O. Box 6284, Roanoke, Virginia 24017 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 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 21S Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (S40) 8S3-1730 Fax: (S40) 8S3-1230 E-mail: planning@roanokeva.gov Architectural Rc\'icw Board Board of Zoning Appeals Planning Commission August20,2007 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: Request from Echo Sentinel Group, LLC, Joseph Lokhamp, Unified Human Services Transportation Systems, Inc., and Curtis Andrews, to permanently vacate, discontinue and close 31st Street, N.W., between Baker Avenue, N,W., and Breckenridge Avenue, NW,; a portion of Breckenridge Avenue, N,W" from a point beginning at the southwestern boundary of property bearing Official Tax No. 2510112 and running in an easterly direction to its intersection with 31st Street, NW.; and a 15' wide alley running in an easterly direction from a parcel bearing Official Tax No. 2510104 to its terminus at 31st Street, N.W. Recommendation: Planning Commission public hearing was held on Thursday, July 19, 2007. Bya vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission recommends that City Council approve the applicants' request and vacate the portions of rights-of-way and alley as requested, Granting the applicants' request could further aid in the redevelopment and expansion of their business establishments. The development of such underutilized industrial sites is encouraged in Vision 2001-2020, the City's Comprehensive Plan, The closure should be subject to the conditions listed below and a sale price of $19,000 at a rate of approximately $.67 per square foot, due to its contributory value to the applicants' properties. Members of City Council Page 2 August 20, 2007 A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. B, Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke. Virginia. as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation, C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred, D. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicants Members of City Council Page 3 August 20, 2007 Application Information Request: Owner/Applicant: Re resentative: Cit Staff Person: Site Address/Location: Official Tax Nos. which abut right-of-way to be vacated: Site Area: uare feet Existin Zonin Pro osed Zonin : Existin Land Use: Proposed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Date: 2" Amended Application: June 7, 2007 Background: The right-of-way and adjoining alley requested for vacation are unimproved. The subject block of 31st Street, NW, is 30 feet wide and extends approximately 325 feet to the south where it intersects the subject portion of Breckenridge Avenue, which is 30 feet wide and extends approximately 390 feet to the west. The alley requested for vacation is unimproved and is between Official Tax No. 2510104 and the subject portion of 31st Street, N,W, Considerations: Surroundinq Zoninq and Land Use: Zoning District Land Use North 1-1, Industrial District Industrial South 1-2, Industrial District NS Railroad riqht-of-wav East 1-1, Industrial District Vacant West 1-2, Industrial District Industrial Compliance with the Zoninq Ordinance: The proposed vacation would be combined with the applicants' adjoining properties. The additional land will allow the applicants to expand their Members of City Council Page 4 August20,2007 establishments. The properties to be combined are of the same zoning designation. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request is consistent with the future land use plan of the Loudon- Melrose/Shenandoah West Neighborhood Plan, and with the Economic Development goals of Vision 2001-2020, in that it will allow for the expansion of existing business establishments. Public Utilities The area is served by public utilities. Staff received comments from Appalachian Electric Power (AEP), Verizon, the Western Virginia Water Authority and Roanoke Gas, all of which stated no opposition to the request. City Department Comments: Staff received no comments. Public Comments: None Planninq Commission Comments: The applicant stated that he did not agree with the recommended sale price and noted that the property is littered with tires and other debris, which would require a substantial investment to clean up. Mr. Scholz asked staff to confirm the applicant's assertion that the property needed to be cleaned up. Staff said that from the south side of 31 st Street a number of tires and other debris was visible on the property, but could not determine the condition of most of the property due to vegetative growth. Mr. Townsend offered that the request could be tabled to allow the City's Environmental Administrator to evaluate the site as was done in the applicant's previous request to vacate a portion of Breckenridge Avenue, N.W. Mr, Rife stated that determining the assessed value was out of his area of expertise. He said he would be comfortable voting on the request as is, and that further analysis could be conducted prior to the City Council meeting. , . , APPLICATION - -.., " .,. . -',' - '.";,' . , .. ,-' . .. . ,., ..'-..,..... . " ........ , STREET OR ALLi:Y VACATION Date: June 7,2007 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: Applicants desire to vacate ALL of 31st between Baker Avenue NW and the end of Breckenridge Avenue NW, ALL of Breckenridge Ave. NW lying adjacent to lots 7 thru 12 and the ALLEY between lots 1-7 P Taylor Trout Farm First Division, lots 1-5 P Taylor Trout Farm Second Division as shown in detail on attached platt map and on the attached survey dated March 20, 2007 and prepared by David A. Bess, Land Surveyor. The area on 31st is approximately 10920 square feet, Breckenridge Ave. is approximately 11,580 square feet and alley between the property is approximately 6450 square feet. The adjacent property owners are identified by Tax Map Numbers 2510301,2510111, 2510105 thru 2510117 and Norfolk Southern Corporation , Proposed use of vacated street or alley: The applicants desire to add the proposed vacated property to their respective properties identified by Tax Map Numbers 2510301,2510105 and 2510117 respectively. The property will be used in the same manner as the adjacent property. Name of Applicant/Contact Person: Echo Sentinel Group, LLC . Joseph Lohkampand Unified Human Services Transportation Systems, Inc. Curtis Andrews. Mailing Address: Echo Sentinel Group, LLC P.O. 6319 Roanoke, VA 24017- Unified Human Services Transportation Systems, Inc. P.O. 13825 Roanoke; VA 34037 Telephone: (540) 777-0660 Fax: (540) 777-0661 E-mail: joseph@apdva.com Applicant(s) signature(s): Echo Sentinel Group, LLC uman Services Transportation System, Inc. 5 Pg 2, AMENDED APPLICATION TO VACATE 31ST AND BRECKENRIDGE AVE. NW THE ADJACENT PROPERTY OWNERS ARE IDENTIFIED BY TAX MAP NUMBERS 31sT. STREET AND A PORTION OF BRECKENRIDGE AVE. 2510301 - Echo Sentinel Group, LLC roo Box 6319 Roanoke, VA 24017 Joseph Lohkamp 540-777-0660 2510111 and 2510117 Unified Human Services Transportation Systems, Inc, roo 13825 Roanoke, VA 34037 - Curtis Andrews 540-343-1721 Norfolk Southern Corporation 110 Franklin Rd. S,E. Box 59 Roanoke, VA 24042-0059 Bill Gorby 540-981-5992 BRECKENRIDGE AVE. NW 2510112 thru 2510117 Unified Human Services Transportation Systems, Inc. P.O. 13825 Roanoke, VA 34037 - Curtis Andrews 540-343-1721 Norfolk Southern Corporation 110 Franklin Rd. S.E. Box 59 Roanoke, VA 24042-0059 Bill Gorby 540-981-5992 ALLEY - PT TROUT FARM FIRST AND SECOND DIVISION 2510106 thru 2510117 Unified Human Services Transportation Systems, Inc, P.O. 13825 Roanoke, VA 34037 - Curtis Andrews 540-343-1721 2510105 Baker Avenue PropertiesLTD P.O, Box 6284 Roanoke, VA 24017 r- '- - , - 0', v -- -- -- -- ~A:; - -- "'- '1:\ o' trJ' . .' -- -- fo..., I-/-. ,,- & -,.-- /-. -- C::> - I Ol o oJ () III <-.1 o~ \) u\ ,<).. :;; SOIO,IS, 1"(::; "Nti <ll ,s-II0I52 ll< "" l\!!Br- N 'j- f;i <'l oad -- .... .-- '-'_ U\ '. " ~ .., ~ ~=--. -- ll\ r ;O~:ll- _ _ '? _ r -- --- :--(---"~ . Q) . t;. ,.. --'--- <<t t-'. ,-',~ ,;r/,S/ ~ 2 ~~ Vi ~ f1>ft, .... j.. 6> " \~I \~I <r. I~ ::l " .'t~ c8!"l1 ' \-0..."0 '" 0 1"- \ .2 ,,'-"") ~\ z o~ N . ,\~\ ~ . ~ .'~ hI -...,-" .1- - .--..------.--~----\~.-----'---.~---.- . "'.... J "",,' Ill' 9:'f:9~ \.I $' >-ct~ ( !!s,Pi ~~ . <<( a:Q to,L I \'0 ~~ (J'~ 1-/ ''''S.. o o ,.: N -0'" CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architt'ctural Review Uoard Board of ZoningApPl'uls Planning Commission August20,2007 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: Supplemental Report pertaining to the request from Echo Sentinel Group, LLC, Joseph Lokhamp, Unified Human Services Transportation Systems, Inc., and Curtis Andrews, to permanently vacate, discontinue and close 31st Street, N.W., between Baker Avenue, N.W" and Breckenridge Avenue, N,W,; a portion of Breckenridge Avenue, N,W., from a point beginning at the southwestern boundary of property bearing Official Tax No. 2510112 and running in an easterly direction to its intersection with 31st Street, NW.; and a 15' wide alley running in an easterly direction from a parcel bearing Official Tax No. 2510104 to its terminus at 31 st Street, NW, Recommendation: Planning Commission public hearing was held on Thursday, July 19, 2007, Bya vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission recommended that City Council approve the applicants' request and vacate the portions of rights-of-way and alley as requested, subject to the conditions below (A-D) and at a sale price of $19,000. Staff has undertaken additional review of the circumstances affecting the value of this vacated right-of-way and has made a supplemental recommendation to the Planning Commission action. The applicant expressed concern during the City Planning Commission hearing about the condition of the unimproved right-of-way of 31st Street, NW., and cited numerous debris on the site that would require removal and cleanup, Subsequent to the Planning Commission action, the applicant provided an estimate from Duz-AII of Roanoke for the cleanup in the amount of $6500 - $7500. It was determined that the cost of cleaning up this property to comply Members of City Council Page 2 August20,2007 with the City's property maintenance code would roughly equal the value of the recommended sale price for 31st Street, N.W. Based on this, the administration recommends that the applicant not be charged for the portion of 31st Street, N.W" given his ultimate responsibility for cleanup when this site is developed, The closure should be subject to the conditions listed below and a sale price of $12,000, at a rate of approximately $.66 per square foot for the alley and portion of Breckenridge Avenue, N.W, A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C, Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. D. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Chris Chittum, AICP, Agent City Planning Commission Members of City Council Page 3 August20,2007 cc: Darlene L, Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicants The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ------------------------------------~-------------+------~----------------- ECHO SENTINEL GROUP, LLC POBOX 6319 ROANOKE VA 24017 REFERENCE: S0150924 10420264 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _-L~~day of August 2007. Witness my hand and official seal. ~~~n~~~~_~~~~~~ N30tary Public ~~-~;;~ssion ~fres _~~~__(4_~~LL__. PUBLISHED ON: OS/03 . \".....U" \\\ ~, J"'" ", \\,""'" vI',,', ...'.4t"'\~\.\\"'" \.-:.t\.', ......'!iI' ~" ~'" '..~' " OS / 1 0 l f!i ,,'~\o-<'~V6 _'" \...., -:;. . (:l. "'. ". ",<>,,'. ' _ _, ~v ...'/." _\ ..",,:: =cr: 1\'" "()\' :-. -10: ~<,:>. IJ''o':i : ~ = ~ ,. ~"'C,(l~~x.'i :""= .. ~. ~\' ~,. ~ .. -:. T" 0.. . .. .::::;: .:- , ~"o ..' ~ ...... ----'f4tI.,ON. WOO E' '~~'0~"" I" \\\ I I" JIll" ~ TOTAL COST: FILED ON: 39S.4S OS/10/07 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I NonCE OF PUBLIC HEARING The Council of the City of; Roanoke will hold a public' hearing on Monday, August 20, 2007, at 7:00 p.m., or as soon thereafter as the' matter may be heard,ln the' Council Chamber, fourth floor, in the Noel C. Taylorl Municipal Building, 2151 Church Avenue, S.W." IRoanoke, VirgInia, tOI consider the following: Request from Echo Sentinel Group, LLC, and IUnlfled Human Services Transportation Systems, Inc., .t? permanently vacate, /dlscontlnue and close 31st Street, N.W., between Baker Aven ue, N.W" and Breckenridge Avenue, N.W,; a porllon of Breckenridge Avenue, N.W., from a point beg inn i n gat the southwestern boundary of property bearingOfffclal Tax No. 2510112 and running In an easterly directlon to a point ending at the southwest corner of Official Tax No. 2510301; and a 15' I wide alley running In an' easterly direction from a parcel bearing Official Tax No. 2510104 to its terminus at 31stStreel, N.W. A copy of the application Is avaUable for review In the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the mailer. If you are a person wfth a disabilJtywho needs accommodations for this hearing, please contact the City Clerk's Office, at 853.2541, before noon on the Thursday before the date of the hearlng listed above. 1 GIVEN under my hand this ist day of August, 2007. I Stephanie M. Moon, CMC CIt,YClerk'"1 (10420264) -- --------------------------------------------------+------------------------ <"> ::; -c Billing Services~epresentative '"' ~ :;Q ~ ~ ~ 85 D-1 Authorized~ ~ ~ ~ ' Signature :~-f1-_UT1.....,;~' 1\)\\ I\~ ::, NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August20, 2007, at 7:00 p.m" or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W" Roanoke, Virginia, to consider the following: Request from Echo Sentinel Group, LLC, and Unified Human Services Transportation Systems, Inc., to permanently vacate, discontinue and close 31st Street, N.W., between Baker Avenue, N.W., and Breckenridge Avenue, N.W.; a portion of Breckenridge Avenue, N.W" from a point beginning at the southwestern boundary of property bearing Official Tax No, 2510112 and running in an easterly direction to a point ending at the southwest corner of Official Tax No. 2510301; and a 15' wide alley running in an easterly direction from a parcel bearing Official Tax No. 2510 I 04 to its terminus at 31st Street, N.W. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of August ,2007. Stephanie M, Moon, CMC City Clerk. N-Echo Sentinel Group, LLC, etc. vacate close 31St St. 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S, W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Joseph Lokhamp Echo Sentinel Group, LLC P,O. Box 6319 Roanoke, Virginia 24017 (540) 777-0660; and Curtis Andrews Unified Human Services Transportation Systems, Inc. P. O. Box 13825 Roanoke, V A 24037 (540) 343-1721 \..... d1~ .il'4',~, """ ," , ."".)' ~-i:' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $, W., Room 456 Roanoke, Virginia 24011-1536 Telephooe: (540) 853.2541 Fax, (540) 853.1145 E-mail: c1.erk@roanokeva.gov SHEtLA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 21, 2007 Mr. Danny L. Beamer 730 White Oak Road, S. W, Roanoke, Virginia 24014 Dear Mr, Beamer: I am enclosing copy of Ordinance No, 37875-082007 amending an INPUD plan presently binding upon a tract of land located at 2219 Franklin Road, S. W., Official Tax No. 11 SOl 08, zoned INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions as set forth in Amendment of Proffered Conditions - Amended Application No, 2 filed in the Office of the Department of ,Planning Building and Development onJuly 3,2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, ~~~_'"hJ,~' Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Mr. Danny L. Beamer August 23, 2007 Page 2 pc: IMD Investment Group, LLC, P. 0, Box 477, Troutville, Virginia 24175 Mr. Mack D. Cooper, II, 1410 Main Street, S. W" Roanoke, Virginia 24015 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 S~1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37875-082007. AN ORDINANCE to amend 936,2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending an INPUD plan presently binding upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title ofthis ordinance. WHEREAS, Danny L. Beamer has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend an INPUD plan presently binding upon a tract of land located at 2219 Franklin Road, S,W" being designated as Official Tax No. 1150108, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No, 36925-122004, adopted December 20,2004; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2007, after due and timely notice thereof as required by 936,2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in C IL-\:.' ... '. _' ::-'.~ " . interest and citizens were given an opportunity to' be heard, both for and against the proposed application; and O-Beamer, Danny L. amend prof conditions 8-20-07 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this 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 amendment of the INPUD plan applicable to the subject property, and is of the opinion that the INPUD plan now binding upon a tract ofland located at 2219 Franklin Road, S.W., being designated as Official Tax No. 1150108, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers, subject to the INPUD plan as amended, in the application entitled, "Amendment of Proffered Conditions - Amended Application No.2," filed in the Office of the Department of Planning, Building and Development on July 3,2007. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD plan as requested in the application' entitled, "Amendment of Proffered Conditions - Amended Application No. 2," filed in the Office of the Department of Planning, Building and Development 01). July 3, 2007, so that the subject property is zoned lNPUD, Institutional Planned Unit Development District, with proffers, subject to the INPUD plan as amended in the application entitled, "Amendment of Proffered Conditions - Amended Application No, 2," filed in the Office of the Department of Planning, Building and Development on July 3,2007. O-Beamer, Danny L. amend prof conditions 8-20-07 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Q-Beamer, Danny L. amend prof conditions 8.20-07 City Clerk M.~ CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva,gov Archih.'ctural Review Board Board of Zoning Appt'lIls Plllnnin~ Commission August 20, 2007 Honorable C, Nelson Harris, Mayor Honorable David B, Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr" Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W, Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Danny L. Beamer to amend the INPUD plan on property located at 2219 Franklin Road, SW., Official Tax No. 1150108, to allow one freestanding sign on such property until such time as the existing building on said property is demolished and prohibiting an electronic readerboard onthe subject property. Recommendation Planning Commission public hearing was held on Thursday, July 19, 2007. Bya vote of 5-0 (Messrs. Chrisman and Williams absent) the Commission recommends that City Council amend the Ivy Market Development Plan on Official Tax No. 1150108 for the addition of a freestanding sign to be consistent with the City's Comprehensive Plan and the Franklin Road/Colonial Avenue Area Plan, The application allows for the interim use of the property while the remaining phases of Ivy Market are under construction. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 2 August 20, 2007 Application Information Request: Planned Unit Development Plan Amendment (Ordinance No. 36925-122004) Owner/Applicant: Dannv Beamer Reoresenfative: Ashlev W. Beamer Citv Staff Person: Maribeth 0, Bendl Site Address/Location: 2219 Franklin Road SW. Official Tax Nos.: 1150108 Site Area: 0.4784 Acres Total Existing Zoning: INPUD, Institutional Planned Unit Development with Proffered Conditions Proposed Zoning: INPUD, Institutional Planned Unit Development with Proffered Conditions Existina Land Use: Vacant Proposed Land Use: Retail Sales Establishment Neighborhood Plan: Franklin Road/Colonial Avenue Area Plan Specified Future Land General Commercial. Use: Filing Date: Original Application: June 7, 2007; Amended Application NO.1: June 20, 2007; Amended Application NO.2: July 3,2007 Background In December of 2004, City Council adopted Ordinance No. 36925-122004 rezoning the subject properties, along with property bound by Franklin Road, SW., Wonju Street, S.W., and the Norfolk Southern right-of-way, from C-2, General Commercial District, and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit Development District, with proffered conditions. This permits the construction of a mixed use retail/office development named Ivy Market. The first phase of this development is currently under construction, which does not include the subject property. In the interim, the applicant would like to lease the existing building on the subject property to a retail sales establishment. The prospective tenant is requesting a freestanding sign, which is prohibited by the approved development plan. The development plan permits six (6) freestanding signs to be located at the intersection of Franklin Road and Wonju Street and at vehicular entrances into the development. As no vehicular entrance into the Ivy Market project is proposed on the subject property, a freestanding sign is not permitted, Therefore, the applicant is requesting an amendment to the approved development plan to allow the inclusion of a freestanding sign. The sign would be in compliance with the City's Zoning Ordinance for the INPUD district, would be removed upon demolition of the existing building, and could not include an electronic readerboard. Members of City Council Page 3 August 20, 2007 Planned Unit Development Plan Amendment Requested by the Applicant The applicant requests to amend the Institutional Plan for Ivy Market prepared by Lumsden Associates P.C. dated November 18, 2004, as it pertains to Official Tax No. 1150108. The applicant requests that the following text be added to the development plan as item NO.4 under 'A. Freestanding Signs' in the 'Project Signage' section: 4. One (1) freestanding sign shall be permitted on Official Tax No. 1150108 in accordance with Section 36.2-660 through 36.2-675, Zoning, of the Code of the City of Roanoke. Upon demolition of the existing building on the subject property, the freestanding sign shall be removed. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. This amendment would not give Ivy Market an additional freestanding sign upon completion of the second phase, The rights to this sign would be temporary as it is tied to the existing building which is not a part of the Development Plan, Considerations Surroundinq Zoninq and Land Use: Zonina District Land Use North INPUD, Institutional Planned Unit Development Vacant parcel included in Ivy District with proffered conditions. Market Development Plan. South INPUD, Institutional Planned Unit Development Vacant building included in Ivy District with proffered conditions. Market Development Plan, East CG, Commercial-General District Steep vegetated slope and vacant building across Franklin Avenue S.W, West INPUD, Institutional Planned Unit Development Vacant parcel included in Ivy District with oroffered conditions. Market Development Plan. Compliance with the Zoninq Ordinance: The sign would be required to meet the regulations for freestanding signs in the INPUD district. This would allow one (1) freestanding sign with a maximum sign area of sixty (60) square feet, a maximum height of sixteen (16) feet, a minimum front setback of two (2) feet and a minimum side/rear setback of five (5) feet. The proposed sign included in the application meets these requirements. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Franklin Road/Colonial Avenue Area Plan identifies the property along Franklin Road from the South Jefferson Redevelopment Area to Wonju Street as a prime candidate for mixed-use redevelopment which will be a reality once the Members of City Council Page 4 August 20,2007 Ivy Market Development Plan is fully executed, However, in the interim the applicant would like to make his property as attractive as possible for prospective tenants. Both the City's Comprehensive Plan and the Area Plan emphasize using existing commercial property to its maximum potential. This property would be much better utilized if occupied by a commercial business rather than remaining vacant. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. The following policies of the Franklin Road/Colonial Avenue Area Plan are relevant in the consideration of this application: . Economic Development Policies: o Commercial Corridors: Commercial areas should accommodate competitive businesses, . Economic Development Actions: o Maximize Commercial Districts: Avoid further expansion of commercial districts to encourage quality development and more efficient use of land in existing districts. Conformity with Vision 2001-2020's Design Principles: Desi n Princi les: Signs should be limited in number and scaled in size to minimize visual clutter. A lication's Conformit : Only one (1) freestanding sign will be permitted on the property which will be removed upon demolition of the existin buildin . City Department Comments: Staff has not received any comments from other City departments on this application. Public Comments: Staff has not received any public comment on this application. Planninq Commission Comment: During the Planning Commission's public hearing on July 19, 2007, the Planning Commission wanted to ensure that the applicant was aware that the front yard setback for the sign would be from the sign face and not the pole. .. I AMENDED APPLICATION # 2 '.'" ,... '.:'.~':;;;;~.,':!','1::rr:r-=:':"- . _._,:'.",;';;;',,'-:--,;:.::';',:~:i'" .. .. :; , AP PLI!C:J.llrlON . .';.;".>c"-,,,,-, c.':';:::" - '.-~'_.::' ":"":"""-: ' . . ,._..".,:::::",",.:,_-0.:" ..; .:".;" ,"::',::,/,' ..,:.::....;., ''',-- '''''',' AM EN D M~~I'g~,.~!tO~J=ERED , ;:. _.,_,.:_.:.,;_ ":.:.:'"...-,.,_':.....:~;,.,-c '..- .- COND['['IONS'~:.~-_uu Date: July 3. 2007 To: Department of 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 .;.:~ .-;;' ""',. ,,'. All submittals must be'typed, incfude all required documentati91Jand;i:check for the filing fee. .. . . '. ..' ~,';. ' Application is hereby submitted for amendment of proffered conditJons f,or the property located at: '" , ,,' Property AddressiEs): }nO F'r:;-,,; ;,., qr1~ Official Tax No! Si 11~OlOS Existi~g ZoniGg: EPt.:C1 , with conditions Ordinance ,\JL:~:::er of Ccr-:C:::ic:'1ai Rezonina: 369:S-l22004,.....,.".."., I' - . d": . . - - Name of Af:::::1canuC.:::n:ac: Person: Dann" L Beamer Maiiing Aac:ress 730 ',,-nite Oak Road ~C3~=Ke. VA ~401~ Te!ephcne: (5~J) 397 -~O [7 Fax: G40 34E-7R4n E-mail: ~hP::lmp,..fr1""~n' n~ ..,nr Appiicant's sig;-,ature: {) JIi ;{ - Prc~er1y Owrer's Norrie: T1.,,...~.... -f qp~~p,.. ,V1ailing Acc::ess no \''hite Oak Road -~---_.__~___~_~ _ RC.:lr.cke.. VA 2~_O.l4 Te!e~~one: \:_\.') ::,- ..;'\:- Fax: ~40) 1{,<_,0: r1 {) 'I ;';2- - E-mail: dbeamer@ntel.os.net ::rrr-:::.n': ,.......,.'::-F:... ~ :::':::--.3:;Jre: - REPORT Applicant's property has not been included in Ivy Market development by deed, lease or contract. Applicant's property has been included in Ivy Market's site plan. Applicant desires to lease building located on his property to a tenant who is not part oftheIvy Market development. The property is part of a development plan adopted by Ordinance No. 36925-122004 which prohibits the inclusion of a freestanding sign on the subject property. In order to make this property attractive to a tenant in its current condition, the tenant needs a freestanding sign not included in the Ivy Market Proffers. Requested sign would meet any requirements of Roanoke City Code. This sign would be removed upon demolition of the existing building. All proffers as adopted by Ordinance No. 26925-122004 would remain in effect. Applicant requests amendment to approve freestanding sign on his property. ..... ~ ~ ~~ c- ;AjZ ~m m . - . ..g,~ >.C (V 'ii,OS Z ir- (') , T>6 to os " :_ - X oZ mm...... 0-\0 -n '-\ . "'" ~ -.- _......~-..... -~;-~ . 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ADJOINING PROPERTY OWNERS' Prooertv Owner & Address Prooertv Address Tax MaD # , , IMD Investment Group, LLC 2309 Franklin Road, SW 1150106 P.O. Box 477 Troutville, Virginia 24175 IMD Investment Group, LLC 2239 Franklin Road, SW 1150109 P.O. Box 477 Troutville, Virginia 24175 IMD Investment Group, LLC (No #) Franklin Road, SW 1150102 P.O, Box 477 Troutville, Virginia 24175 , Mac D. Cooper, II 2240 Franklin Road, SW 1150202 1410 Main S1., SW Roanoke, Virginia 24015 Samuel & Jeanette Garst 2304 Franklin Road, SW 1150205 378 Calypso Rd. Moneta, Virginia 24121 - ----- --- ---- ~--~----.--_._,----~ ~ ,""",""".,.,',.'.<,:'C~'til;~;t~~'"tji~~,!&~fi;,~"t.,.~. AMENElMi ",' ""f"'" PRQF~~RitflbllP"ibNS 'Date: July 3. 2007 [0: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, VA 24011 Ph~n~:.j~_~~L?53-1730 Fax: (540) 853-1230 . "-::)~,,>,,,-';":' ':;J".~':~-::(--:"'- -:: ',r}:.,-,"""" - :-:"1-:;:-';" -.. . Ordinance'No.,cJ692:5-122004 ",. ,,",' (attach copies ~f9r~iD.~nce~~Qd~~iSJ!rg.,Pr9ffer!1d s~n9!ti9ps P~oP9,~~dt9, \?~aP1~,r;',9~9t , " ,'" :t:.ji". '" .",." l>>:{.~.{j i ~.' d'" Name ofAPpHc~i1tJCohtact Person: n:::l,,-ny T 'RQ!:2TT'1g.,.. Applicant's signature: ()(j d- It ',~ .~. Propertyowrier's Name:,. propertyOWr1e6~si~nat0re: I." . ", Daririy' r.B'eamer' ' pursuantt~the Section 36.2-541(c}(1), the owner(s) or duly allthori~ed ag!'!nthereby voluntarily proffers the following conditions which shall be applic313le tl? the property, if rezoned:'Seeattathed ~b~e t ~ '", " - ' ' ,..-,. . ~U: '); 1'- - .:' ., -..'.' -,....- .- . .., .. ~~_~ ____~ _....~..i,_.:::,.. ...,' , . -" --;------------..... -~- ----- .. : Jttach additional shee!s as necessary) ! I II I, I " The applicant requests to amend the Institutional Plan for Ivy Market prepared by Lumsden Associates P.C, dated November 18,2004 as it pertains to Official Tax No, 1150108. The applicant requests that the following text be added to the Development Plan as item No.4 under 'A. Freestanding Signs' in the 'Project Signage' section: 4, One (1) freestanding sign shall be permitted on Official Tax No, 1150108 in accordance with Section 36.2-660 through 36,2-675, Zoning, of the Code of the City of Roanoke. Upon demolition of the existing building on the subject property, the freestanding sign shall be removed. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. -- -.. _._----_._~._._------~----------- --------- /, ,/-, ", J -:'1-\\" '" \,.., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA , The 20th day of December, 2004. No. 36925-122004. A1"l ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos, lIS and 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with Ihe second reading by title of this ordinance. ; WHEREAS, on December 5, 2002, Bland A. Painter, ill, Betty J. Painter, and FR-! '1nvestments, LLC filed an application to the Council of the City of Roanoke to rezone 7.92 acres; more or less, identified as Official Tax Nos, 1272504, 1272505, 1150103, and a portion ofl150106, ; from LM, LighI Manufacturing District, to C-2, General Commercial District, with proffers, which property was rezoned by the adoption of Ordinance No. 36184-121602, adopted December 16,2002; WHEREAS, on July 28, 2004, The BranchFarnily, LLC filed an application to the Council of the City of Roanoke to rezone certain property located at 2203 Franklin Road, S.W., identified as Official Tax :-lo. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1'150102 and 1150112, from LM, Light Manufacturing District, to C-2, General Commercial . District, with proffers, which property was rezoned by the adoption of Ordinance No. 36862-092004; and WHEREAS, Bland A. Painter, ill, Betty J. Painter, and FR-Ilnvestments, LLC have made application to the Council of the City of Roanoke to have twelve (12) tracts ofland and rights-of- ways lying and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and Franklin Road, S.W., consisting of 10,706 acres, more or less, identified as Official Tax Map Nos. 1272-S07;-n50108;-J-2'7'2504,12-72505,_U5.0.103,J 150102, 1150104, 1150112, 1150106, and 1150109, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a.30 acre portion 'of right-of-way owned by the Commonwealth of Virginia, rezoned from C-2, General - Commercial DistricI, C-2, General Commercial District, with conditions, and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions pIOffered by the applicant. WHEREAS, the CiIY Planning Commission, which after giving proper notice to all concerned as required by 936.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the maller, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 20, 2004, after due and timely notice thereof as required bY936.1-693, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and , WHEREAS, this Council, after considering the aforesaid application, the recommendation rpad~ to the Council by the Planning Commission, the City's Comprehensive Plan, and the mallers presented at Ihe public hearing, is of the opinion that the hereinafter described property should be i rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke thaI: 1. Section 36. I -3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. liS and 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those certain twelve (12) tracts ofland and rights-of way lying and being in the City of Roanoke, Virginia, at the intersection ofWonju Street and Franklin Road, S,W., consisting oflO.706 __acres,more.oI less, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a .30 acre portion of right-of-way owned by the Commonwealth of Virginia and designated on Sheet Nos, lIS and 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1272507 , 1150108,1272504,1272505,1150]03,1150102,1150104, 1150112, 1150106, and 1150109, be, and are hereby rezoned from C-2, General Commercial District, C-2, General Commercial District, with conditions, and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to the proffers contained in the Fourth Amended Petition filed in the Office of the City Clerk on November 23, 2004, and that Sheet Nos. 115 and 127 of the 1976 Zone Map be changed in this respect. 2. pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: /J 1\ --" .j r OJ...A ~ - - City Clerk. 0- Relo-Ukrops 122004 IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA 'INRE: " Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying and being in the City of Roanoke, Virginia, at tbe intersection of Wonju Street and Franklin Road, S.W., and briefly described as: Tax Map No. 1272507 Franklin Road, S.W. Tax Map No. 11501082219 Franklin Road, S.W. Tax Map No. 1272504 2331 Franklin Road, S.W. Tax Map No. 1272505 Franklin Road, S.W. Tax Map No. 1150103 2329 Franklin Road, S.W. Tax Map No. 1150102 Franklin Road, S.W. Tax Map No_1150104 2203 Franklin Road, S.W. Tax Map No. 1150112 Franklin Road, S,W, Tax Map No. 1150106 2309 Franklin Road, S.W. Tax Map No. 1150109 2239 Franklin Road, S.W. .31 Acre Parcel owned by Norfolk Southern Corporation currently within Norfolk Southern rigbt-of-way .30 Acre Parcel currently within Wonju Street right~of-way Zoned C-2/LM Zoned C-2 Zoned C-2 Conditional Zoned C-2 Conditional Zoned C-2 Conditional Zoned C-2 Conditional Zoned C-2 Conditional Zoned C-2 Conditional Zoned C-2 ConditionallLM Zoned LM Currently within NS right-of-way Currently within Wonju Street right-of-way 'from C-2 (General Commercial District), C-2 Conditional (General Commercial 'District) and LM (Light Manufacturing District) as above noted to INPUD . (Institutional Planned Unit Development District) and such rezoning to be subject to certain conditions. , FOURTH AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROfu'lOKE: Petitioners Bland A. Painter, ill and Beny J. Painter own the following property in the City of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR-I Investments, LLC, owns tax map parcel 1150106, The other properties listed above, not owned by petitioners, are under contract to peIitioners. The consents of those property owners to this rezoning petition are attached to this petition. I -~-..!.---~--- -.- Said tracts are currently zoned either C-2 (General Commercial District), C-2 Conditional (General Commercial District) or I.M (Light Manufacturing District) as individually identified above. A map of the property to be rezoned is attached as Exhibit A. A metes and bounds description of the .31 acre portion of the Norfolk Southern right-of-way and the .30 acre portion of W onju Street included within this petition is attached hereto as Exhibit B, Petitioners wish to rezone this property from C-2 (General Commercial District), C-2 Conditional (General Commercial District), and LM (Light Manufacturing District) to INPUD (Institutional Planned Unit Development District) to allow for the more efficient and hannonious development ofIvy Market, a mixed use retaiVoffice development. In 2003, approximately 7.3 acres of the property were rezoned in order to permit the planning and siIe development associated with Ivy Market to proceed. Since that time, petitioners have contracted to purchase adjoining properties in order to provide sufficient space for the first class mixed use development envisioned for the site. Located at a key commercial intersection, Ivy Market will visually enhance the Franklin Road corridor while providing significant economic benefit beyond its current use. An Institutional Development Plan prepared by Lumsden Associates dated November 18, 2004, is attached as Exhibit C and provides the detail required by the INPUD ordinance, As illustraIed on the concept plan, the INPUD zoning allows a better utilization of the site permitting, for example, the placement of buildings much closer to Fronklin Road than currently permitted in the C-2 district. Petitioners believe that the rezoning of said tracts of land will further the intent and purposes of the City's zoning ordinance and Vision 2001-2020 Comprehensive Plan. This , ------ --~-_. 2 commercial development, at a key intersection, will serve the needs of citizens and visitors in accordance with the policies of the Comprehensive Plan, It takes property that has been commercially unproductive and/or underdeveloped for a significant period of time and enhances the Franklin Road commercial corridor. Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the rezoning will be subj ect to, and that they will abide by, the following conditions: 1. The one billboard located on the property shall be removed prior to final approval of a comprehensive site plan affecting the property on which the billboard is located. 2. The design of all buildings constructed on the property shall be architecturally integrated and compatible through the use of common materials and style, 3. Should the parcels which comprise the property be combined or subdivided, the proffered conditions shall bind each subdivided or re-combined parcels, as applicable, 4. Building facades facing Franklin Road shall be designed to resemble the aichi.iecture of, and incorporate elements found in, the rest of the project. Architectural interest will cany through to prevent the appearance of a blank wall, Facades shall also be articulated with one \ , or more of the following elemenIs: window display boxes visible to vehicles and pedestrians along , Franklin Road, awnings and canopies, blade signs (i.e. signage perpendicular to the building fayade to which it is attached) for tenant identification so long as such blade signage is 10 square feet or less, architectural lighting, landscaping, etc.. 5. Average foot candle illumination levels for parking areas and drives shall not exceed 8 foot candles as measured and detennined by the Zoning Administrator. 3 Attached as Exhibit D are the names, addresses and tax nwnbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, Petitioners requests that the above-described tract be rezoned as requested in accordance with the provisions ofthe Zoning Ordinance of the City of Roanoke. Respectfully submitted this 18th day of November, 2004, Respectfully submitted, Bland A. Painter, ill Betty J, Painter FR-Ilnvestments, llC By:.L2109A g~ p,;:;J. c-I2t7I1~ o COWlsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann. Darby & Goodlatte 2101" Street, S.W., Suite 200 P. O. 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' Ilu~lil!ll!nl!i ~ ~ " Is ..~l 'ifil 'I" ~IU 'W -. -. : : ~--,. . LUMSDEN ASSOCIATES, p,c. l:HGINEtRS-SURYE YORS-:PLANN ERS ROANOKE. VIRCINIA _-"OO~IW '.0.101_ ~............_. ~o._.. loIlL_~ -,--..~ ~Z7Z409 1-1 ~ >::, '" ~ o '" <; <; '" (e) INPUD ,,'" ~" ~ ~ o '" % '" ~ ~ '" '" o ,. 2219 Franklin Road, S.W. - -Tax-Map-No.-1-150t08_~_ '1 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ------------------------------~-------------------+------------------------ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C, TAYLOR MUNICIPAL BLDG, ROANOKE VA 24011 PUBLISHED ON, 08/03 08/10 \\t"'.!!'tt,; ,,\ "<"~'N '" ," ~:\ IE:; . " .'1 "', ..... ~".....,.,",;o.""O."''''' " $) "'NOTARY'; ,,/:- ',c: ... ~ ' .. '_~I ,"(')",- : Ctj :' PUBUC,~. '" ~\,-;.' .. _, "i,:\,,~' .'.,.... :: *: REG, #332963 : '* :: _ : MY COMMISSION: : -C", ~ :""= -:'0.. :~: ~ ~_ ". ,.' c$ ,'" .~.. .' ... " (?~ .,..... ....{f'. "" ,/1IEAlTu \)\ "" " . n \\ "~'!~ It, ,'.'\--_f- , 1- : --- --- I NOTICE OF PUBLIC I HEARING I The Council of the City of Roanoke will hold a public hearing on Monday, August 20,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, In the Council Chamber, fourth] floor, in the Noel C. Taylor I Municipal Building, 215 Church Avenue, S.W., I Roanoke. Virginia, to considerthefoflowlng: . Request from Danny L. Beamer to amend the INPUD plan on property located al 2219 Franklln Road, S.W., 1 Official Tax No. 1150108, to I allow one free slandingsign . on such property until such ~ timeastheexistlngbuilding I on said property Is, demolished and prohibiting anelectronicreaderboardon the subject property. A copy 01 the application is available for review in Ihe Office of the City Clerk, , Room 456, Noel C. Taylor \Municipal Bulldi.ng, 215 IChurch Avenue, S.W., I Roanoke, Virginia, All parties!n Interest and Icitizens may appear on the labove date and be heard on Ithe malter. If you are a person with a disabiJitywho ineeds accommodations for , .-< this hearing, please contact the City Clerk's Office, al 853-2541., before noon on IheThursday before the date of the hearlngUsted above. GIVEN under my hand this 1st day of August, 2007. Stephanie M. Moon, CMC City Clerk. REFERENCE: 32143302 10418757 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~'nia. Sworn and subscribed before me this J day of August 2007. Witness my hand and --- - official seal. ~ ' Notar Public ~m~~p' r s ==~-~il~illL--. (10418757) TOTAL COST: FILED ON: 322.30 08/10/07 -----~---------------------------~----------------+------------------------ Authorized /', ..J.... Signature'__~?i-- " ~ " Billing Services~epresentative 7'. .s; -~ E ,,) ,,~ "'" ~ g;j ('i\ If: d\'\ ',\\'~t NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m" or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Danny L. Beamer to amend the INPUD plan on property located at 2219 Franklin Road, S.W., Official Tax No, 1150108, to allow one free standing sign on such property until such time as the existing building on said property is demolished and prohibiting an electronic readerboard on the subject property. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above, GWEN under my hand this 1st day of August ,2007. Stephanie M. Moon, CMC City Clerk. eLl.!. CrE};,' N-Beamer, Danny L. 8-20-07 Notice to Publisher: ' Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S, W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 .p~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.II45 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk August 6, 2007, Mr. Danny L. Beamer 730 White Oak Road, S, W, Roanoke, Virginia 24014 Dear Mr. Beamer: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, at 7:00 p,m" or as soon thereafter as the matter maybe heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S, W" on your request that a proffered condition on property located at 2219 Franklin Road, S. W., be amended to allow a free standing sign until such time as the existing building on said property is demolished, and prohibiting an electronic readerboard on the property. For your information, I am enclosing copy of a notice of public hearing, Please review the document and if you have questions; you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431, It will be necessary for you, or your representative, to be present at the August 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, 1t!i::::o':~~ City Clerk SMM:ew Enclosure ( , @S~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-is36 Telephone: (540) 853-2541 Fa" (540) 853.II45 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 6, 2007 IMD Investment Group, LLC P. O. Box 477 Troutville, Virginia 24175 Mr. Mack D. Cooper, II 1410 Main Street, S. W. Roanoke, Virginia 24015 Dear Gentlemen: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 Danny L. Beamer that a proffered condition on property located at 2219 Franklin Road, S. W., be amended to allow a free standing sign until such time as the existing building on said property is demolished, and prohibiting an electronic readerboard on the property, ' This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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, thl~'.Jh1. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew REZONING REQUEST Danny L. Beamer to amend PUD plan on parcel at 2219 Franklin Road, Tax No, 1150108 ) 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 28th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No, Owner Mailinq Address 1150106 1150109 1150102 IMD Investment Group LLC POBox 477 Troutville, VA 24175 1150202 Mack D. Cooper, II 1410 Main Street, SW Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of June, 2007. Notary Public My Commission Expires: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M, MOON, CMC City Clerk August 21, 2007 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: SHEtLA N, HARTMAN Deputy City Clerk CECELIA R. lYREE Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 37876-082007 rezoning three tracts of land located on Bullitt Avenue, identified as' Official Tax Nos. 4013015, 4013017, and 4013018, from IN, Institutional District, to MX,Mixed Use District, as set forth in the Application for Conditional Rezoning - Amended Application No. 1 of The Rescue Mission of Roanoke, Incorporated, filed in the Office of the Department of Planning Building and Economic Development on June 21,2007. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, ~r:~M'~ City Clerk SMM:ew Enclosure Maryellen F, Goodlatte, Attorney August 23, 2007 Page 2 pc: Trustees, Evangel Foursquare, 2360 Hardy Road, Vinton, Virginia 24179 Mr. Shakie L. Macher, 3556 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 . Mr. and Mrs. John Liakos, 627 Bullitt Avenue, S. E., Roanoke, Virginia 24013 ' Ms, Lorraine N. Rayl, 2S 16 Fountain Lane, Vinton, Virginia 24179 Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart Avenue, S. E., Roanoke, Virginia 24013 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 ~( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37876-082007. AN ORDINANCE to amend S36.2-100, 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 three tracts of land located on Bullitt Avenue, S.E" and identified by Official Tax Nos. 4013015, 4013017 and 4013018, from IN, Institutional District, to MX, Mixed Use District; and dispensing with the second reading by title of this ordinance, WHEREAS, The Rescue Mission of Roanoke, Incorporated, represented by Maryellen F. Goodlatte, attorney, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described properties rezoned from IN, Institutional District, to MX, Mixed Use District, subject to the conditions that the property be limited to single family, two family or multifamily use only, general or professional offices, live-work unit, mixed use building, or child day care center; that the lot line between parcels bearing Official Tax Nos. 4013015 and 4013017 be vacated; and that the houses located at 624 and 632 Bullitt Avenue, as identified on the site plan dated June 20, 2007, for The Rescue Mission of Roanoke, Incorporated, will not be demolished. The purpose of the rezoning is to allow the return of two former residential structures to residential use and to limit the use of a former daycare center to either residential or office uses, as proffered; ("rii,- WHEREAS, the City Planning-Commission, after giving proper notice to all concerned as required by S36.2-540, Code ofthe'City of Roanoke (1979), as amended, O-Rescue Mission - Goodlatte - rezone with conditions 8-20-07 and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2007, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the I recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare, and good zoning practice require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that three tracts of land located on Bullitt Avenue, S,E., more specifically described as 632 Bullitt Avenue, S.E., bearing Official Tax No. 4013018; property located on Bullitt Avenue, S.E., bearing Official Tax No. 4013017, and a property located at 624 Bullitt Avenue, S.E., bearing Official Tax No. 4013015, be, and are hereby rezoned from IN, Institutional District, to MX, Mixed Use District, to allow the return of two former residential structures to residential use and to limit the use of a former daycare center to either residential or office uses, as proffered, as set forth in the O-Rescue Mission - Goodlatte - rezone with conditions 8-20-07 Application for Conditional Rezoning - Amended Application No. 1 of The Rescue Mission of Roanoke, Incorporated, represented by Maryellen F. Goodlatte, attorney, filed in the Office of the Department of Planning Building and Economic Development on June 21, 2007. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O-Rescue Mission - Goodlatte - rezone with conditions 8-20-07 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone, (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva,gov August 20, 2007 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: Request from The Rescue Mission of Roanoke, Inc., represented by Maryellen F. Goodlatte, attorney, that property located at 632 Bullitt Avenue, S.E" bearing Official Tax No, 4013018; property located on Bullitt Avenue, S,E" bearing Official Tax No. 4013017; and a property located at 624 Bullitt Avenue, S.E., bearing Official Tax No. 4013015, be rezoned from IN, Institutional District, to MX, Mixed Use District, subject to the conditions that the property be limited to single family, two family, or multifamily use only, general or professional offices, live-work unit, mixed use building, or child day care center; that the lot line between parcels bearing Official Tax Nos. 4013015 and 4013017 be vacated; and that the houses located at 624 and 632 Bullitt Avenue, as identified on the site plan dated June 20, 2007, for The Rescue Mission of Roanoke, Inc., will not be demolished, The purpose of the rezoning is to allow the return of two former residential structures to residential use and to limit the use of a former day care center to either residential or office uses, as proffered, Recommendation Planning Commission public hearing was held on Thursday, July 19, 2007. Bya vote of 4-1 (Messrs. Chrisman and Williams absent; Mrs. Penn, Ms, Prince, and Messrs. Rife and Manetta voting in favor, and Mr, Scholz voting against), the Commission recommends that City Council approve the request. The Commission finds the application to rezone Official Tax Nos. 4013015, 4013017 and 4013018 to be consistent with the City's Comprehensive Plan and the Belmont-Fallon Neighborhood Plan. Rezoning the property between Jamison Avenue and Bullitt Avenue to permit a mix of housing types, including mixed-use buildings and live-work units, is a method specifically identified by these plans to revitalize the neighborhood and adaptively reuse existing structures. Members of City Council Page 2 August 20, 2007 Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 3 August 20, 2007 Application Information Request: Conditional Rezonina Owner/Applicant: The Rescue Mission of Roanoke, Inc. Reoresentative: Maryellen F. Goodlatte, Attornev Citv Staff Person: Maribeth O. Bendl, City Planner II Site Address/Location: Intersection of Bullitt Avenue S.E. and 7m Street S.E. Official Tax Nos.: 4013015,4013017,4013018 Site Area: 0.496 Acres Total Existina Zonina: IN, Institutional District Proposed Zonina: MX, Mixed Use with Conditions Existina-Land Use: Place of Worship Proposed Land Use: Dwelling, Single-family, Two-family or Multifamily; Office, general or professional; Live-work unit; Mixed use buildina; Dav care center, Child Neighborhood Plan: Belmont-Fallon Neighborhood Plan Specified Future Land Residential Cluster Use: Filing Date: Original Application: June 6, 2007; Amended Application NO.1: June 21,2007 Background The applicant is requesting to rezone the subject properties from IN, Institutional District, to MX, Mixed Use District, with conditions, to allow the residential use of two residential structures. Rescue Mission Inc. purchased the subject properties from Evangel Foursquare Church along with their other properties encompassed by Jamison Avenue, S.E., Bullitt Avenue, S.E" and yth Street, S.E. Their immediate need is housing for staff members and program graduates, The Rescue Mission intends to divide the ranch style dwelling at 624 Bullitt Avenue into six (6) efficiency units and the foursquare-style dwelling at 632 Bullitt Avenue into two (2), two-bedroom units. These units would be leased to individuals. No exterior changes are planned for either of the residential structures and the applicant has proffered that they will not be demolished. The two-story brick building behind the brick ranch, most recently used as a day care center, is also included in this application. Although the Rescue Mission does not have immediate plans for this building, its potential uses would be limited to residential, office or day care. The remainder of the property purchased by the applicant will remain IN for the time being. The church building is currently being leased to a congregation. Conditions Proffered by the Applicant The applicant requests that the following proffers be adopted as they relate to Official Tax Nos. 4013015, 4013017, and 4013018: Members of City Council Page 4 August 20, 2007 1. The property is limited to only the following uses: Dwelling, Single-family detached Dwelling, Two-family Dwelling, Multifamily Office, general or professional Live-work unit Mixed use building Day care center, Child (by special exception) 2. The interior lot line between Tax Map Parcel 4013015 and 4013017 shall be vacated. 3. The two existing houses on the property (identified as 624A and 632 BulliU Avenue on the submitted site plan dated June 20, 2007) will not be demolished. Considerations . Surroundinq Zoninq and Land Use: Zonina District Land Use North IN, Institutional District Surface parking lot associated with the Evangel Foursquare Church, now owned by the Rescue Mission. South RM-1, Residential Single/two-family residences. Mixed Density District East RM-2, Residential Single/two-family residences and vacant lots. Mixed Density District West IN, Institutional District Evangel Foursquare Church now owned by the Rescue Mission and rented to a conqreqation. Compliance with the Zoninq Ordinance: The MX District was created to accommodate a mix of residential, office and support service uses. Group care facilities such as a halfway house or transitional living facility are not permitted in the MX District. The applicant has proffered that the only housing on the subject properties will be 'dwellings' (single-family, two-family or multifamily). The definition of "dwelling" in the City's Zoning Ordinance is "a building, or portion thereof, designed to be used for continuous, year-round residential purposes, containing one (1) or more independent housekeeping units." The dwelling units provided on the subject properties would be inhabited by individuals or individual families living without supervision, Members of City Council Page 5 August20,2007 A maximum of eight (8) dwelling units would be permitted on this site as a whole per the MX district's density requirements. This density requirement is identical to that of the RM-2, Residential Mixed Density District, which surrounds the subject property. As the residential buildings are protected from demolition by the proffers, these units will be contained to these structures. Any new residential construction on these parcels would need to comply with the requirements of the Neighborhood Design Overlay District. No exterior alterations are proposed for the site. A minimum of fifteen (15) parking spaces will be required for two (2), two-family units, six (6) multifamily units and an office building of 2,750 net square feet. This parking can be accommodated by eleven (11) spaces provided on-site and the four (4) spaces provided on-street. Any future alterations would have to comply with the City's Zoning Ordinance. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both the City's Comprehensive Plan and the Belmont-Fallon Neighborhood Plan encourage mixed use residential clusters. The Neighborhood Plan specifically lists rezoning property to allow for a mix of single-family, two-family, multifamily, mixed-use buildings and live-work units as a method for revitalization of neighborhoods and the preservation of existing housing stock in close proximity to downtown. The parcels between Jamison Avenue and BulliU Avenue from 6th Street to 8th Street are identified by the future land use map as the ideal location for a housing cluster. A housing cluster is defined as market rate residential developments consisting of a mixture of residential uses on a large site, Although this application only accounts for a small portion of the site, it would be a first step in implementing the identified future land use. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Concentration of federally subsidized, assisted or affordable housing will be discouraged, The City will recommend ways to overcome impediments to fair housing by identifying barriers to housing choice, encouraging fair housing education to the community, challenging housing discrimination, and requiring affirmative marketing of developments using City funds. The following policies of the Belmont-Fallon Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies o Medium- to high-density residential development such as townhouses and apartments should be located near the village centers. Members of City Council Page 6 August 20, 2097 . Community Design Actions o Encourage office-residential mix: Change zoning to allow mixed office and residential uses in areas near downtown to encourage rehabilitation, adaptive reuse, and preservation of large, historic houses. . Residential Development Policies o Housing diversity: An appropriate balance of diverse housing types will be encouraged in the Belmont-Fallon area. Residential uses will include single and two-family dwellings, apartments, townhouses, above first floor retail, and live-work spaces. o Underused residential sites: Zoning and incentives will be used to encourage mixed density cluster development on underused residential areas, The currently vacant property between Bullitt and Jamison between 6th and 8th should be considered for a higher density housing cluster with a central park. Development should attempt to incorporate and retain existing houses along the 700 block of Bullitt Avenue, City Department Comments: Staff has not received any comments from other City departments on this application. Public Comments: Staff received one phone call from a citizen concerned with the type of people that would inhabit the proposed dwelling units, The applicant attended the Southeast Action Forum's (SEAF) regularly scheduled meeting on July 11,2007, to discuss any of the community's issues/concerns with the application. Those in attendance (approximately 30 persons) were in favor of the rezoning. Attached is a copy of the SEAF's letter of support. . Planninq Commission Comment: During the Planning Commission's public hearing on July 19, 2007, the following issues were discussed: The Planning Commission asked if the number of units in each structure was proffered (six units in the ranch style dwelling and two units in the foursquare style dwelling). Staff responded that the number of units was not proffered, but per the density requirements of the MX District, a maximum eight dwelling units would be permitted, Members of City Council Page 7 August 20, 2007 The Planning Commission asked if there was a minimum size for dwelling units in response to the applicant's statement that the efficiency apartments would be 400 square feet each. Staff responded that there was not a minimum size requirement established by the zoning ordinance, ,". ",,:APRLICATION . ' _, . . '_ -_ ". -., '. " .: i,", ': ",' . '_ . - .'_ - ": ',:~:.'. -,,: C", '_ "; -,', .. . ,.-." - . . ...... .' .. .. CONQITIONAL RJ;~ONING Date: June 21, 2007 To: The Honorable Mayor and Members of City Council c:Jo Department of 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 All submittals must be typed. include all required documentation and a check for the filing fee. Application is hereby submitted for conditional rezoning for the property located at Property Address(es): See attached sheet Official Tax No(s): 4013015, 4013017 and 4013018 Existing Zoning: IN Requested Conditional Zoning: MX(c) Proposed Land Use: Multi-family residential (for existing houses at 624A:arid63L&.Jllitt Avenue) and residential and/or office (for existing building at 6248 BUllitt Avenue) ...... ,..',--. .... N~rne ()f Appl'c;~W1Contact Pers<>-n: The, Re~cue Mis~ion ,of Roa~oke , Incorporated .... '.'.,,, '.', -, ',:' "'. .., --- "', . " ',":,":', '" ....' . Mailing Addresl;: 402 4th Street, S~w. ,'P.O. Box 11525, Roanoke, VA 24022 .....' -"' ....>-. '.' Telep~one: (540) 777-7687 Fa~:(54<);i.t.-l,~87 , . ",,', TIlE RF.S~ MISSIONOF;tfKE" A,PPlicant's signature: By: ' /J~" ",. . ',. Its: e-C/" .,,' joy,sylvester-johnso@' E-mail: rescuemission.net INCORl:'8RATEO '" ~ " :"." . Property Own~r'll Name: The Rescue Mission of Roanoke. Incoroorated, MaHingAljdrei>S: 402 4th Street, S.W. " P. o. Box 11525" Roanoke, VA 24022 "'joy .sylvester- johnsoJL l"ElIElphonE!: (5~0) 777-7687 Fa~:(~4Q 344-4387 E"rn~il:rescuemission.net ':,,;.:: '. ."THE ~CUE MISSION~,OEROANOKE ':INOJRPQRATEO PrOPElriY9",,'?~r'ssignature:By:~'/J~' ':,:" ,: ,.'.,," ' :, "".:;::.." , ' Its: Zrv", '" ':. ." '. Z 0 0 ~ w ~ (J ::i l1. 0 l1. l1. <( ll:: 0 C) (J Z 35 Vl Z W. w 0 Vl ~): ~ ,Vl 0 W ll::1ll ~ ll:: -,0 0 <(W 0 0 ZI= ll:: <( 0- u. ~ i=~ 0 -Ill 0;:) Z W ZVl 0 l1. 0 ii) 0 (J Vl ll:: 0 i l1. l- I- W Z ;:) W (J ::E Vl w , J: ll:: ~ W ~ J: I- 'tl !~ 0- 0- 0- ep- ~ X ~ ::Ie X 0-0 ~ :2 epN ll:: r~ ...- ~ ~ ~ "'I: .- 0 ~N '0 '0 '0 ep ,Sl ,Sl ... ~ [ ~ 0 0 e- o. e ~ ~ 8 ~ 0 0 l.> .. -= -= .. E - ai gi ai ..>< ..>< .e 0 0 0 c c C I: '" & '" ~ 0 0 ep a: a: I: '0 '0 '0 ~ c C\J c C\J c C\J 0 o. '" o. '" o. '" ~ -w 0 .-w 0 ,-w 0 en . IJ) ""'" en 'IOV en . lJ) 'V .~ U) C'\I C'\I .~CJ)NN '~C/)NN ep :2"";11)<( :2 "";11) <( ::;;:"";11)<( c. epO>~ O>O>~ 0 O>~> O>~> CD~::> .. G..b)( .. B.b >< .. 13" . l1. ...)( - wOO 0 CD tnCJ)oQ) (/) (I) 0 Q) 0):5 aJ ~ Q),s aJ"5 0>:5 co "5 ll::.... 'c 0::.... 'c 0::.... . C 0>",0", 0> '" 0 '" 0> NO '" ~o .0 .co .0 .co .0 ....l1.a: I-....c..a: I-....c..a: '" u.i u.i '" cri cri f 'tl ai", uj'" ai", ~ ::1'- Vl'c ::1'- c:.5 r:::.5 ~ 0>0l ""5> 0>0l ~:5 0>.. ~:5 ".- c> ep '*" - 0> - '*" - C. =0> > 0> =0> e --" <(-" -..>< "0 0 ::I 0 l1. ale ,*"C alc ....'" =m N'" ~& :;0 ",0 ala: <0 a: ci Z >< 11) ..... ro .. ~ ~ ~ I- 0 0 0 '" '" '" iii ~ ~ ~ u 0 0 0 .... .... .... IE 0 APPLICANT'S WRITTEN REPORT Earlier this year, The Rescue Mission of Roanoke, Incorporated purchased the Evangel Foursquare Church property bordered by 8ullitt Avenue, Jamison Avenue and 7th Street. As a result of the relocation of Evangel Foursquare Church, this property had been vacant for some time. The property is zoned Institutional (IN), Over a number of years, Evangel Foursquare Church had been incorporating properties which were previously residential into its church campus. As part of its redevelopment of this site, the Rescue Mission wishes to return two of those former residential structures - located at 624A and 632 Bullitt Avenue - to residential use. The ranch- style house, located at 624A BullittAvenue, will be redeveloped to create six efficiency units. The corner house, located at 632 Bullitt Avenue, will be redeveloped to create two two-bedroom units. Except to clean and spruce up the exterior of the property, no exterior changes to either building are anticipated. Also included in the rezoning request is a building last used as a child day care center by Evangel Foursquare Church located at 6248 Bullitt Avenue. While the Rescue Mission does not yet know how it will use the building, it is willing to limit its use to those residential and office uses specifically proffered in this application. Remaining on the balance of the property purchased by the Rescue Mission from Evangel Foursquare Church is the church sanctuary building. The Rescue Mission is leasing the church building to a church congregation. The potential exists for the construction of a new commercial building fronting Jamison Avenue and located in the parking field currently serving the church facility (now zoned IN). Those plans will likely require further rezoning - which will be considered at a later date. Working with City staff, the Rescue Mission concluded that the best first step in its redevelopment of the property is to rezone the property which is the subject of this application in order to permit the two existing houses to be available for occupancy and to allow for the appropriate re-use of the building at 6248 Bullitt Avenue. It is important to note "that, although the Rescue Mission owns these properties, they will not be used for transient housing, The conditional MX zoning sought by this request precludes such use. Rather, dwelling units will be leased to individuals for whom these apartments will be home, The Rescue Mission expects that these apartments are likely to be leased by members of its staff or program graduates, The Rescue Mission is very pleased that it is able to returl) to residential use structures which were originally built for that purpose. It is also pleased that a local congregation has found a new church home in the church edifice which adjoins the property which is the subject of this request. The Rescue Mission will continue to work with City staff and its neighbors as it plans for the best use for the balance of the site. "~ ~ 51 ~ :] , , .' .- , , 'eROfiFERS . '. ,; .; .- ~ -, -'. '. '::, . .... -',">::-,':';'" ..-..... COND.ITIQNALREZONING Date: Jlme 21, 2007 To: Department of 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 Original: x Amended: (must attach a copy of existing proffers) Name of Applicant/Contact Person: The Rescue Mission of Roanoke Inco rated THE MISSION OF R KE, INCORPORATED Applicant's signature: B : ts: I, Property Owner's Name: The Rescue Mission of Roanoke, Incorporated THE R~E IiISSION O~KE, INCORPORATED Property Owner's signature: Bv: . /I~""-- . , Its: d:-:-:c? ( Pursua':lt 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 attached sheet. (attach additional sheets as necessary) PROFFERS TO BE ADOPTED ON ROANOKE CITY TAX PARCEL NOS. 4013015, 4013017 AND 4013018 1. The property is limited to only the following uses: Dwelling, Single-family detached Dwelling, Two-family Dwelling, Multifamily Office, general or professional Live-work unit Mixed use building Day care center, Child (by special exception) 2. The interior lot line between Tax Map Parcel 4013015 and 4013017 shall be vacated. 3. The two existing houses on the property (identified as 624A and 632 on the submitted site plan dated June 20, 2007) will not be demolished. SITE DATA TAX I: 4013015, 401.3077, 4()lJ01B OWNER: THE RESCUE::: MISSION OF ROANOKE. INC. SITE ARfA: 0.496 ACRE, 21.600 SQ. FT. EXISTING ZONING: IN (INSTITUTIONAL) PROPOSED ZONING: MX CONDITlNAL (MIXED USE) MIN. LOT FRONTAGE: 50' MIN. FRONT YARD: 10' MAX. FRONT YARD: .30' MrN. SIDE YARD: 5' MIN. REAR YARD: 15' MAX. IMPERVIOUS AREA: 70% .c MAX. BUILDING H[lGHT: 45' p PARKING REQUIRED: SPACES S . . ON-SITE PARKING PROVlOfD: 71 SPACES OFF.. SITE PARKING PROVIDED: SPACE~ ~~\) ~\I ~ " 0- ~~ c;j~ en'" ..." oS ,,-"- ~ BULLIf!. AVENUE ~/VI SIrE PIAN FOR REZONING THE RESCUE MISSION OF ROANOKE, INC. REZONING TAX NO. 4013015. 4-013017 ct 4013018 FROM ZONE "IN" TO ZONE "MX" CDND. 0.496 ACRE BEING LOTS 14 - 18, A PORTION OF THE CLOSED ALLEY. BLOCK 20, MAP or BfLMONT, CITY ENGINEERING PLAN #1471 CJTY OF ROANOKE, \/fRGINIA CURRENT OWNER: THE RESCUE MISSION OF ROANOKE, INC. PROPERTY ADDRESS IS: 632 It 6J4 JAMISON AV[NU[ 5.[. ..." """ o ::t '" lfl ~ \ \ \ \ \ \ S.E. o 30' r--...... Scale 1 "'""JOn JUNE 20, 2007 200 'i:; II;::' ~' '" 'C' 5\ t> I t;) 6\ IV, 5,7:'1 1~T.Js I ~~'~ , ll:' I\';" S'\.- l.".) 1,-, 1"- .'S ... ../ -f\ I -h. I '" I t, .t. '-- 1...1 \::) '0 \) ~ 'i\ ^' -l> '-l\. (j" "- ''4 "" '" ~ ~ 1" " tu '\~ ;:;; ~ i\;. :.; '" '< ~J '~ ~ '" ~ ----. ~ ~ t\, -::: 'J ~ t:> .... "" <\, "\J .", -<'0 40 - 40 40 4-C ..fj -fIcJ I I I I I / at? '1\ '" ---- '" ti t. ........ ""e f\:. "-0: ~I~~ r'~-,> \4t>~ t ~ '" I';:,,,,, h"c "\) 4~,) ",,{"~ 0- It! i..'".....{:.1 'U '\I .' a I).. ~ "."J""~! ~ ~(,r,,:'\I'" l.; I I\, ~' o 10 40 ~ Sc fH ~ /5"' j (;Ga /.!I..r ...... :---.. ~e> ~ .?r+ ~ ~ ,....c;.r..:1'_ ~ '4<)/.3.761/ --I"""; ~ h:; lU D ~J i1 ,,C.:c';S-..t ~~"S~ (ELMWOOD) c. ~f R. ) ---- STREE1 /.2 ~o /.1 ,:r !. ~ d,,/:I" OS .1", '<> ..., 'F I .s- - 401.JtJ/(.' :;~ J :"'.Ft:'.74. , 4<-~'30/, :""c.t. -~ ^ -- """":"- ~'1 16 t.\:"',:::: rl1 31/8 )1/'1 )/ "" \- [0" ..:S.. , "o:::-'\"rQlsrr;,";', ~t.:,-_,c_.,_, ,.;,~.~ ,~-, ~'<j--'.'J 1 -,'-.' o .'.F - -,~ -';'..c: . ".~. '- ADJOINING PROPERTY OWNERS Tax Parcel Nos. 4013015, 4013017 and 4013018 The Rescue Mission C,y Roanoke, Incorporated TAX MAP NO, I OWNERIS\ I ADDRESS ZON!NG 4013014 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S.E. p, O. Box 11525 Roanoke, VA 24022 4013004 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S.E. P. O. Box 11525 Roanoke, VA 24022 I 4013005 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S,E. P. 0, Box 11525 Roanoke, VA 24022 I 4013006 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S.E. P. O. Box 11525 Roanoke, VA 24022 I I 4013007 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S,E, P. O. Box 11525 Roanoke, VA 24022 I I 4013008 The Rescue Mission of Roanoke, Incorporated IN 402 4th Street, S.E, P. O. Box 11525 Roanoke, VA 24022 I 4013101 Trustees, Evangel Foursquare RM-2 2360 Hardy Road Vinton, Virginia 24179 I 4013112 Evangel Foursquare Church RM-2 2360 Hardy Road Vinton, Virginia 24179 I 4121201 Shakie L. Macher RM-1 3556 Pinnacle Ridge Road Roanoke, Virqinia 24012 EXHIBIT . , ';' ~ .D, S .', . ,<>2 4013710 John and Mary Lee Liakos RM-1 627 Bullitt Avenue, S,E. Roanoke, Virainia 24013 I I 4013709 Lorraine N. Rayl RM-1 2516 Fountain Lane Vinton, Viroinia 24179 , 4013708 Lorraine N. Rayl RM-1 2516 Fountain Lane Vinton, Virainia 24179 I 4013707 Lorraine N. Rayl RM-1 2516 Fountain Lane Vinton, Virainia 24179 t 12 N ~ a ... Bullitt Avenue, S,E. ~_ _ _Tax_Map_Nos._40J30_15,_40130J},A01_~QJIL RM-1 012 2 ... 12 N ~ a ... iO <0 2705 12706 012707 RM-2 ~O~,10~ ... a .... '" ;; ... N _-'1 I'\.w. r i JUL-19~2007'08:50 FROM:WACHOUIA 5403444108 I \ . TO: 98531230 P:2/2 July 18,2007 Mrs. Martha P. Franklin, Secretary Roa'1oke City Planning CoouIlission 215 Church Avenue, S,W, Municipal Building, Room 166 Roanoke, Virginia 240 11 Re: Rezoning of three tracts of land located in the City of Roanoke along Bullitt Avenue, S.E., from IN to MX(e) Tax Map N08. 4013015, 4013017 and 4013018 Dear Mrs. Franklin and Member. of the Planning Commission: , lam the secretary of the Southeast Action Forum. At our meeting on Wednesday night, July 11, the Southeast Action Forum heard the presentation by the Rescue Mission for the reuse of the above-referenced property. The notice of the meeting, sent to all members, advised that the Rescue Mission's plans for the property would be discussed and our meeting was well allendcd, We understand that the Re8eue Mission wishes 10 rezone Ihe property ,from In<tilutionalto MX(c). Ms. Bendl, one of the City's planners, was present and was introduced to our membership. After discussion and questions, the Southeast Action Forum voted unanimously to support the Rescue Mission's rezoning request. The membership asked me to forward this letter to the City evidencing our neighborhood association's wholehearted support for the Rescue Mission's request. Thus, we urge that the Planning Commission recommend that City Council APPROVE the Rescue Mission's rezoning request. /fl' (J '~~ K na Clinton. Secretary State of Virginia City of Roanoke , NOTICE OF PUBLIC I The Roanoke Times HEARING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i - - - - - - - - - - :~~ifi;~o;~~~~:;~ l~:~!i - GOODL I 120,2007, at 7:00 p.m., or; GLENN, FELDMANN, DARBY & las soon thereafter as the I P . O. BOX 2 8 8 7 I ,matter may be heard, in thej ICouncil Chamber, fourth ROANOKE VA 24001 I 'floor, In the Noel C.TaYlor Mun.lclpal Building, .<15 I Church Avenue, S.W.,. Roa.noke, Virginia, to) J consider the following: ' , .Request from The Rescuer Mission of Roanoke Incorporated, representeej by : Maryellen F. Goodlatte, , attorney, that property located at 632 BuUitt Avenue, S.E., bearing Official Tax No. 4013018; property located on Bullitt Avenue S.E., bearing Official Tax No: I 4013017; and a propertyl' located at 624 Bullitt, Avenue,S.E., bearingOfficJalj Tax No. 4013015, be rezoned from IN, Institutional DJslrict, 10 MX, Mixed Use District, Subject to the conditions that the proPerty I I be limited to single family, two family or multifamily use only,generaf or professional I offlceS,llve-workunit,mixedl , use building, or child day care center; that the lot Itne between parcels bearing Official Tax Nos. 4013015 . and 4013017 be vacated' and that the houses located , at 624 and 632 Bullilt Avenue, as Identified on the i site plan dafed June 20 i 2007, for The Rescue Mission of Roanoke i Incorporated. will not be ; demolished. The purpose of the rezoning is. to attowthe return of two former residential structures to , residential use and to limit the use ofa formerdaycare center to eilher residential or office uses, as proffered. A copy of the application Is avaflable for review in the Office of the City Clerk Room 456, Noel C. Taylor Municipal Building, 215 'Church Avenue, S.W., ,Roanoke, Virginia. -:~ All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a petson with a disabltitywho needs accommoda1ions for The Roanoke Times Roanoke, Virglnla Affldavlt of Publicatlon REFERENCE: 80025065 10420284 NOTICE OF PUBLIC HEA I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was pUblished in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir.~~ria. Sworn and subscribed before me this __J_~day of August 2007. Witness my hand and official seal. ~~~i~ \\'1111111" ,\\ t:: N '" " ~"i '" ,JO ., ,'~ ....... y.~, l~0.::NOi":r:; .,".:('\ ~ ;:;:: ,''''\.lo\.IC ,. ~ . this hearing, please contact f - """ f" I:J -L. - 'the CJty Clerk's Office at = to ;' #332963 .:..,... :. 853-2541, before noon' ani' _ "~EG.. SIGN' _ .ithe Thursday before the date : 1c : OMt}.\~J ; :$ = .;j of the hearing fisted above. _ . ~'{~C .S . <=- _ .'j' GIVEN under my hand this ~ ...... "". .: c:; .; :, 1st day of August, 2007. I - '-: ~ _ Stephanie M. Moon. CMCI TOTAL COST: 503. 96 -=:',~~'""""""~~"...,,,.:- I City Clerk. FILED ON: 08/10/07 "",?t\lWEAL\\\~"," (10420284), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '-, ~lllj L' ~ \ ~ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _-= =-=-::' ~ _ _ _ _ PUBLISHED ON: 08/03 08/10 Authorized v-= ..,.iJ-tlJ:' Signature:__~~,~____{'( r Billing Services Representative " ~ ," ~ ~ ;g <;'5 n..' <'S> ~ ~ (0 UI ~~1 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m" or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia, to consider the following: Request from The Rescue Mission of Roanoke, Incorporated, represented by Maryellen F. Goodlatte, attorney, that property located at 632 Bullitt Avenue, S.E., bearing Official Tax No. 4013018; property located on Bullitt Avenue, S.B., bearing Official Tax No. 4013017; and a property located at 624 Bullitt Avenue, S.E., bearing Official Tax No. 4013015, be rezoned from IN, Institutional District, to MX, Mixed Use District, subject to the conditions that the property be limited to single family, two family or multifamily use only, general or professional offices, live-work unit, mixed use building, or child day care center; that the lot line between parcels bearing Official Tax Nos. 4013015 and 4013017 be vacated; and that the houses located at 624 and 632 Bullitt Avenue, as identified on the site plan dated June 20, 2007, for The Rescue Mission of Roanoke, Incorporated, will not be demolished. The purpose of the rezoning is to allow the return of two former residential structures to residential use and to limit the use of a former daycare center to either residential or office uses, as proffered. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C, Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of August ,2007. Stephanie M. Moon, CMC City Clerk. N-Rescue Mission - rezone with proffers 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007, Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S, W. Roanoke, Virginia 240 II (540) 853-2541 Send bill to: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby and Goodlatte P. 0, Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 @S~ ~.I.L, ~~~"" '':- " ~- ...,i:/ .~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1I45 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk August 6, 2007 Maryellen F, Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte p, O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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" on the request of The Rescue Mission of Roanoke, Inc., that three parcels located at 632 and 624 Bullitt Avenue, S. E., be rezoned from IN, Institutional District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J, Talevi, Assistant City Attorney, at 540-853-2431, It will be necessary for you, or your representative, to be present at the August 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, 1J;+R~ Tn. ~MJ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure @S~ .,4'~,~~.~", ." '\ w.: . ""'" 0". :..~_ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.II45 E-mail: cJerk@roanoke,'a.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 6, 2007 Trustees, Evangel Foursquare Mr. Shakie L. Macher Mr. and Mrs. John Liakos I Ms, Lorraine N, Rayl Sandra Eanes, President Southeast Action Forum Dear Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 Rescue Mission of Roanoke, Inc" represented by Maryellen F, Goodlatte, Attorney, that three parcels located at 632 and 624 Bullitt Avenue, S. E., be rezoned from IN, Institutional District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. This letter is provided fqr your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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, ~t.vf..,.'ml ~ Stephanie M. Moon, CMC City Clerk SMM:ew REZONING REQUEST The Rescue Mission, Bullitt Avenue, S.E., Tax Nos. 4013017)AFFIDAVIT 4013018 and pt. 3013015 from IN to MX, w/conditions ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge, Affidavit states that, pursuant to the provisions of Section 15,2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No, Owner Mailinq Address 4013014 4013004 4013005 4013006 4013007 4013008 Petitioner 4013101 4013112 Trustees, Evangel Foursquare 2360 Hardy Road Vinton, VA 24179 4121201 Shakie L. Macher 3556 Pinnacle Ridge Road Roanoke, VA 24012 4013710 John and Mary Lee Liakos 627 Bullitt Avenue, SW Roanoke, VA 24013 4013709 4013708 4013707 Lorraine N. Rayl 2516 Fountain Lane Vinton, VA 24179 Notice also mailed to: Sandra Eanes, President, SEAF Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of June, 2007, Notary Public My Commission Expires: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephooe: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECEUA R 1YREE Assistant Deputy City Clerk STEPHANtE M. MOON, CMC City Clerk August 23, 2007 Stan King, Facilities Manager The Rescue Mission of Roanoke, Inc. P. 0, Box 11525 Roanoke, Virginia 24022 Dear Mr. King: I am enclcising copy of Ordinance No, 37877-082007 amending certain conditions now binding upon a tract of land located at 401 Tazewell Avenue, S E., Official Tax No. 4012201, and zoned INPUD, Institutional Planned, Unit Development District, with proffers as amended by the Amendment of Proffered Conditions - Amended Application No. 1 filed in the Office of the Department of Planning BUilding and Development on June 15, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. ' Sincerely, )n.~M/ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Stan King, Facilities Manager August 23, 2007 Page 2 pc: Mr. and Mrs, John Breedlove, 402 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Moore Associates, LLC, P. O. Box 8335, Roanoke, Virginia 24014 Mr. Durward L. Beasley and Ms. Nancy Nester, Route 3, Box 178, Hillsville, Virginia 24343 Mr. Raymond E. Sinclair, 332 Tazewell Avenue, S, E., Roanoke, Virginia 24013 Mr. and Mrs. Kenneth Conner, 2244 12 O'Clock Knob, Salem, Virginia 24153 Mr. Otis T. Lowder, 3114 Hillcrest Avenue, N. W., Roanoke, Virginia 24012 Mr. Timothy Haxton, 416 Tazewell Avenue, S, E., Roanoke, Virginia 24013 Mr, Jesse L. Chisom, Sr. and Ms, .Bonnie S. Bishop, 420 Dale Avenue, S. E., Roanoke, Virginia 24013 Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart Avenue, S. E., Roanoke, Virginia 24013 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 , ~^ \cf\ S '\'\!:(,'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37877-082007. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a condition presently binding upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, The Rescue Mission of Roanoke, Inc., represented by Stan King, Facilities Manager, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend a certain condition presently binding upon a tract of land located at 401 Tazewell Avenue, S.E., being designated as Official Tax No. 4012201, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 35821-041502, adopted April 15, 2002; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2007, after due and timely notice, thereof as required by 936.2- 540, Code of the City of Roanoke (19~~Jc,}samended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and O-Rescue Mission - Stan King - amend prof 8-20-07 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this 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 amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 401 Tazewell Avenue, S.E., being designated as Official Tax No. 4012201, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers as amended by the Amendment of Proffered Conditions - Amended Application No.1 filed in the Office of the Department of Planning, Building and Development on June 15, 2007. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and , the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered condition as aniended by the Amendment of Proffered Conditions - Amended Application No. 1 filed in the Office of the Department of Planning, Building and Development on June 15, 2007, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers as amended. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. In.~ O~Rescue Mission - Stan King - amend prof 8-20-07 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov '\rchifl'ctural Rnit''"' Board Board of ZoninJ;: Appeals Planning Cllmmissiun August 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T, Dowe, Jr., Council Member Honorable Beverly 1. 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: Request from The Rescue Mission of Roanoke, Inc" represented by Stan King, Facilities Manager, to amend a proffered condition relating to a proffered development plan on the property located at 401 Tazewell Avenue, S,E" bearing Official Tax No. 4012201, to allow for the erection of a metal storage building on the lot. Recommendation Planning Commission public hearing was held on Thursday, July 19, 2007, There was no discussion regarding the applicant's request and there were no comments from the audience during the public hearing. Bya vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission recommends that City Council approve the application. The Commission finds the application to amend the development plan of Official Tax No. 4012201 to be consistent with the City's Comprehensive Plan and the Belmont-Fallon Neighborhood Plan. The addition of the accessory structure will not intensify or add any programs to the Rescue Mission. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission Members of City Council Page 2 August 20, 2007 cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 3 August20,2007 Application Information Request: Planned Unit Development Plan Amendment (Ordinance No. 35821-041502) Owner/Applicant: The Rescue Mission of Roanoke, Inc. Representative: Stan Kinq, Facilities Manaqer City Staff Person: Maribeth O. Bendl, City Planner II Sife Address/Location: 401 Tazewell Avenue S.E, Official Tax Nos.: 4012201 Sife Area: 1.878 Acres Total Existing Zoning: INPUD, Institutional Planned Unit Development with Conditions Proposed Zoning: INPUD, Institutional Planned Unit Development with Conditions Existing Land Use: Group care facility, Transitional living facility Proposed Land Use: Group care facility, Transitional living facility Neighborhood Plan: Belmont-Fallon Neighborhood Plan Specified Future Land Institutional/Public Use: Filing Dafe: Original Application: June 7, 2007; Amended Application NO.1: June 15, 2007 Background In April of 2002, City Council adopted Ordinance No, 35821-041502 rezoning the subject property, along with property to the south along 4th Street, S.E" and Dale Avenue, S,E" from C-2, General Commercial District, and RM-2, Residential Multifamily Medium Density District, to INPUD, Institutional Planned Unit Development District, with proffered conditions, This permitted the construction of a congregate home as well as the continued use of the existing building as a transitional living facility. As a PUD, a development plan was proffered along with a statement limiting construction on the property to those buildings shown on the development plan. Therefore, when the Rescue Mission requested a permit for an 800 square foot storage building, the application could not be processed. The applicant is requesting to amend the development plan to allow the inclusion of this storage shed on the eastern side of the property. The shed would be out of public view in a recessed yard, concealed by a ten (10) foot retaining wall and the existing building. The building would store maintenance equipment such as lawn mowers, wheelbarrows and other tools, Conditions Proffered by the Applicant The applicant requests that Proffer No,1 of the Proffered Conditions enacted by Ordinance No, 35821-041502, set forth below, be repealed as it pertains to Official Tax No. 4012201, Members of City Council Page 4 August 20, 2007 1. The property will be developed in substantial conformity with the Development Plan prepared by Hayes, Seay, Mattern & Mattern, dated March 15, 2002, a copy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of its Comprehensive Development Plan review. The applicant requests that the following proffered condition be substituted and adopted as Proffer No, 1 in place of the proffered condition set forth above to apply to the applicant's property designated as Official Tax No. 4012201, 1. The property will be developed in substantial conformity with the Development Plan prepared by Hayes, Seay, Mattern & Mattern, dated March 16,2007, a copy of which is attached to this Application for Amendment of Proffered Conditions, subject to any changes required by , the City as part of its Comprehensive Development Plan review, The proffer limiting development to buildings shown on the development plan only would remain in affect. Considerations Surroundinq Zoninq and Land Use: Zonina District Land Use North MX, Mixed Use District Single/multifamily residences and vacant lots Soufh INPUD, Institutional Planned Rescue Mission's Women and Unit Development, with Children's Building Conditions East ROS, Recreation and Open Roanoke City Cemetery and single- Space District; RM-1, family residences Residential Mixed Density District West MX, Mixed Use District Rescue Mission Thrift Store, Baker Distributing Co. and Grandaire \ Heatinq and Coolinq Products Compliance with the Zoninq Ordinance: The proposed alteration to the development plan complies with all regulations set forth in the City's Zoning Ordinance for dimensional standards. All other components will be required to meet the regulations of the Zoning Ordinance , during the Basic Development Plan review process, Members of City Council Page 5 August 20, 2007 Conformity with the Comprehensive Plan and Neiqhborhood Plan: Roanoke supports the majority of emergency shelters, transitional housing, and support programs for the homeless and those at risk of homelessness in the region. There is concern among Belmont and Fallon residents that the Rescue Mission is concentrating these types of services in their neighborhood, increasing vagrancy and decreasing property value, The main concern expressed during the public hearings for the 2002 rezoning was that the Rescue Mission would continue to expand programming and/or intensity. This application would only provide storage for maintenance equipment to upkeep the property. No programs would be expanded or added as a result of this amendment. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . NH PB. Publicly-assisted housing. Publicly assisted housing efforts and shelters will be the highest quality that enhances neighborhoods. Publicly-assisted housing and shelters will be equitably distributed in all parts of the region. The following policies of the Belmont-Fallon Neighborhood Plan are relevant in the consideration of this application: . Quality of Life Policies o Additional shelter services should be discouraged in light of the neighborhood's and the city's overall responsibility for providing these services for the region. City Department Comments: Staff has not received any comments from other City departments on this application. Public Comments: Staff has not received any public comment on this application. ~~~ ..t.'~H~~~wm1~j.' AMENDMENT OF PROFFERED CONDITIONS ,_ ROANOKE Date: 6/15/07 To: Department of 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, 35821-041502 (attac~ copies of Ordinance and existing proffered conditions proposed to be amended) Name of Applicant/Contact Person: Stan King Applicant's signature: ,S+~r- ;<7- The Rescue Mission of Roanoke '-1, /-1,/,.k I 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: Inc Property Owner's Name: Property Owner's signature: ef:O --------latlach-aaoilionarsneels as' necessaryr- - Attachment to Application for AMENDMENT OF PROFFERED CONDITIONS The applicant, The Rescue Mission of Roanoke, Inc., hereby requests that Proffer No. I of the Proffered Conditions enacted by Ordinance No. 35821-041502, set forth below, be repealed as it pertains to Official Tax No, 4012201. I. The property will be developed in substantial conformity with the Development Plan prepared by Hayes, Seay, Mattern & Mattern, dated March 15,2002, a copy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of its Comprehensive Development Plan review. The Applicant, The Rescue Mission of Roanoke, Inc" hereby requests that the following proffered condition be substituted and adopted as Proffer No. I in place of the Proffered Condition set forth above to apply to the Applicant's property designated as Official Tax No, 401220 I. I. The property will be developed in substantial conformity with the Development Plan prepared by Hayes, Seay, Mattern & Mattern, dated March 16,2007, a copy of which is attached to this Application for Amendment of Proffered Conditions, subject to any changes required by the City as part of its Comprehensive Development Plan review. ~l ~l f) r:1 . ! ! I . I I I i , , \ " \ ,.:1,\1 (.'.:~L,,,~LI':~ ,..,,' J .; ~'?~~'~t~2~;~_,_____1 /'- II, :1 : ! Ii I I c I I u ". '~ ' -.'~ '-',- ,'/ -- ',' --~---~".-I;~ -o,:'-l "'", oz~z~ 1-~....9!a\i I ~~~5:1~1 W~~CD~~ . ~"",_wlil I Cl ~ Cl CI lolli.- ~ Zu < 0:0 a LLlV)Clct:w ~W~~~ O:~V1 2 I ; , . , ~ o B t 'z a~ ~ &lmi 2~' a~l I ~_" \ \ ....- I \ \-.~\-! i '. "___. --/---2i~~~~ "~ , . '. . ....~.. -...........,.. ..........--..0;.. . . .. I!.;'" :-:; ~ !~~:~', " ~ ; ~ ..1';.0..,'....., ,"": ::,' \ .!....- ..~ 'II, . f f .~_, ; I I' "!r ~ ..' <l: .1 -~ .~ \ . ~ Ii . I. ! i~ ~ .. ~ Ii 9a ii iil!! o !Ii ~. Hi o ~').~lVV IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2002. No. 35821-041502, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance, WHEREAS, the Rescue Mission of Roanoke, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, and C-2, General Commercial District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36,1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at ~ April 15, 2002, after due and timely notice thereof as required by ~36,1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be " .-,-~---_.-- .--...-'. rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. Section 36,1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract ofland containing 3.56 acres located on Tazewell Avenue, Fourth Street and Dale Avenue, S,E., consisting of twenty-five (25) tracts of land lying and being in the City of Roanoke, and described as Official Tax Map Nos, 4012201, 4012205, 4012206, " - -4012207, 4012208,4012209,4012210,4012247,4012246,4012248,4012212,4012608, 4012607,4012606,4012605,4012628,4012601,4012602,4012603,4012604,4012611, 4012612, 4012613, 4012614, and 4012615, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, and C-2, General Commercial District, to INPUD, Institutional Planned Unit Development District, subject to the proffers contained {n the Petition tiled in the Office of the City Clerk on March 26,2002, and that Sheet No, 40 I of the Zone Map be changed in this respect, 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading _ . of this ordinance by title is hereby dispensed with. A TrEST: fYl~i?c;~~y) N:\CAPS\OIlDIl"'AJl~lI:KwMiIIlM2lC1lNPUD wpd ~1 IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: ,. Rezoning 3.56 acres consisting of twenty-five (25) tracts of land lying and being in tbe City of Roanoke, Virginia, and briefiydescribed as: Tax Map No. 4012201, 401 Tazewell Avenue, S,E., Zoned C-2 Tax Map No. 4012205,406 Fourtb Street, S,E., Zoned C-2 Tax Map No. 4012206, Fourth Street, S,E., Zoned C-2 Tax Map No. 4012207, 418 Fourth Street, S,E., Zoned C-2 Tax Map No. 4012208, Fourth Street, S.E., Zoned C-2 Tax Map No. 4012209, Fourth Street, S.E., Zoned C-2 Tax Map No, 4012210, Fourth Street, S.E., Zoned C-2 ; Tax Map No. 4012247, Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012246, Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012248, 412 Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012212, Dale Avenue, S.E., Zoned RM-2 Tax Map No. 4012608, Dale Avenue, S.E., Zoned RM-2 Tax Map No. 4012607, Dale Avenue, S.E., Zoned RM-2 Tax Map No. 4012606, Dale Avenue, S.E" Zoned RM-2 Tax Map No. 4012605, Dale Avenue, S.E., Zoned RM-2 Tax Map No. 4012628, Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012601, Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012602, Four!h Street, S.E., Zoned C-2 Tax Map No. 4012603, Fourth Street, S.E., Zoned C-2 Tax Map No. 4012604, Fourth Street, S.E., Zoned C-2 ,.Tax Map No. 4012611, 514 Fourth Street, S.E., Zoned RM-2 Tax Map No. 4012612, Fourth Street, S.E., Zoned RM-2 Tax Map No. 4012613, 602 Fourtb Street, S.E., Zoned RM-2 Tax Map No. 4012614, Fourth Street, S.E., Zoned RM.2 Tax Map No. 4012615, Fourth Street, S.E., Zoned RM-2 from C-2 (General Commercial District) and RM-2 (Residential Multifamily, Medium Density District) as above noted together with vacated alleys to INPUD (Institutional Planned Unit Development District) and such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, The Rescue Mission of Roanoke, lncOIporated, a Virginia corporation, owns the following properties in the City of Roanoke, Virginia, Tax Map No, 4012201, 401 Tazewell Avenue, S.E., Zoned C-2 Tax Map No, 4012205, 406 Fourth Street, S,E., Zoned C-2 Tax Map No. 4012206, Fourth Street, S,E" Zoned C-2 Tax Map No. 4012207, 418 Fourth Street, S.E., Zoned C-2 Tax Map No, 4012208, Fourth Street, S.E" Zoned C-2 Tax Map No, 4012209, Fourth Street, S,E., Zoned C-2 Tax Map No, 4012210, Fourth Street, S.E., Zoned C-2 Tax Map No. 4012247, Dale Avenue, S,E., Zoned C-2 Tax Map No, 4012246, Dale Avenue, S,E" Zoned C-2 Tax Map No. 4012248, 412 Dale Avenue, S.E., Zoned C-2 Tax Map No. 4012212, Dale Avenue, S,E., Zoned RM-2 Tax Map No. 4012608, Dale Avenue, S,E., Zoned RM-2 Tax Map No. 4012607, Dale Avenue, S.E., Zoned RM-2 Tax Map No, 4012606, Dale Avenue, S.E., Zoned RM-2 Tax Map No, 4012605, Dale Avenue, S,E., Zoned RM-2 Tax Map No. 4012628, Dale Avenue, S,E., Zoned C-2 Tax Map No. 4012601, Dale Avenue, S,E., Zoned C-2 . Tax Map No. 4012602, Fourth Street, S.E" Zoned C-2 Tax Map No. 4012603, Fourth Street, S,E., Zoned C-2 Tax Map No. 4012604, Fourth Street, S,E., Zoned C-2 Tax Map No, 4012611, 514 Fourth Street, S.E" Zoned RM-2 Tax Map No. 4012612, Fourth Street, S,E" Zoned RM-2 Tax Map No. 4012613, 602 Fourth Street, S,E., Zoned RM-2 Tax Map No. 4012614, Fourth Street, S.E., Zoned RM-2 Tax Map No, 4012615, Fourth Street, S.E" Zoned RM-2 Said tracts are currently zoned eitherRM-2 (Residential Multifamily, Medium Density District) or C-2 (Genera! Commercial District) as individually identified above. A map of the properties to be rezoned is attached as Exhibit A, 2 p,ursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that tli.e said property be rezoned from the present zoning districts noted above to lNPUD (Institutional Planned Unit Development District) District, subject to certain conditions set forth below, for the purpose of facilitating the hannonious development and operation of the Rescue Mission facility in a campui;-like setting. The institutional development plan prepared by Hayes, Seay, Mattern & Mattern, Inc. dated March 15, 2002 and attached hereto as Exhibit B ("Dev.elopment Plan"), provides the detail requirpd .by the lNPUD ordinance including the detail for a proposed new building - the Women 'and, Children's Building. A description of the current operations of the Rescue Mission together with the proposed operation of the new program (the Women's Residential Recovery Program) ,which will be housed in the Women and Children's Building is attached hereto as Exhibit C, In addition to the Women's Residential Recovery Program, an infirmary will be housed in the Women and Children's Building, The infirmary will consist of two units containing no more than 12 beds. The 58-bed Family Shelter currently housed in the main building will be moved to the new building. The new Family Shelter will consist of 12 units with a 48 bed maximum. The Female ,Transient Program currently housed in the main building as part of the Family Shelter will be moved to the new building, It consists ofl unit with a maximum of 10 beds, Residential staff will alsO be housed in the Women and Children'8 Building. Moving the Family Shelter and the Female Transient Program from the main Rescue Mission building to the Women and Children's Building will provide additional office space and residenIial staff quarters in the main Rescue Mission building. No additional beds for male transients will be created in the main building. 3 The Rescue Mission believes that the rezDning Df the said tract Df land will further the intent and purposes Df the City's Zoning Ordinance and its CDmprehensive DevelDpment Plan, The functiDns Df the Rescue Mission are best addressed by and regulated within the INPuD District. The Plan recDgnizes that apprDpriate hDusing services fDr individuals with special needs should be available. PrDviding much needed health care tD the City's under-served population is encouraged by the Plan, The Plan recognizes that facilities for individuals with substance abuse prDblems are needed in Drder tD develDp such citizens to their maximum potential. There is nD facility in the Commonwealth of Virginia, like this Dne, which fDcuses on rehabilitating WDmen with substance abuse prDblems, pennitting and encouraging their children to live with them. All other treatment facilities require the separation of mothers from their children, By strengthening the parental bond while helping the mother overcome substance abuse, this proposed development meets Plan goals of supporting and strengthening the family while encouraging self-sufficiency for mother and child. The Comprehensive Plan also encourages community involvement. As noted in the report of Hayes, Seay, Mattern & Mattern attached hereto as Exhibit D, much time and effort has been spent in involving the community in a comprehensive planning process, which culminated in the proposed development. The Women and Children's Building maximizes the services of the adjacent Rescue Mission, while providing a residential structure for its residents and the neighborhood. The residential character of the proposed building provides a solid transition to the nearby residential neighborhood and also acts as a buffer between the residential neighborhood and the existing interstate highway, 4 The Rescue Mission hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: I, The property will be developed in substantial conformitx with the Development Plan prepared by Hayes, Seay, Mattern & Mattern, dated March 15, 2002, a copy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of its Comprehensive Development Plan revIew. 2, A congregate home, housing the Women's Residential Recovery Program, will be in The Women and Children's Building, The Women's Residential Recovery Program will have a maximum of twenty-four (24) women program participants, who will live in the Women and Children's Building with their children, In addition to the participants in the Women's Residential Recovery Program, the following programs will be housed in the Women and Children's Building: The Family Shelter (12 unitsl48 beds maximum); The Female Transient Program (1 unitllO beds maximum); The Infirmary (2 unitsll2 beds maximum); and Residential staff (2 units). No beds other than for those programs and personnel identified in this paragraph (and subject to the maximum numbers identified in this paragraph) will be added to the Women and Children's Building, 3. The exterior of the Women and Children's Building will be in substantial conformity with the elevations prepared by Hayes, Seay, Mattern & Mattern dated March 15,2002 and attached to this Petition for Rezoning as Exhibit B, subject to 5 any changes required by the City as part of its Comprehensive Development Plan review, 4, The number of beds for male transients in the Rescue Mission will not exceed 101. 5, Except for those shown on the Development Plan, no other buildings will be constructed on the property. By separate application, the Rescue Mission has requested that four alleys be vacated, discontinued and closed, The Rescue Mission requests that the portion of the alleys for which vacation be sought be also zoned INPUD (Institutional Plarmed Unit Development District) District, subject to all of the conditions hereinabove proffered. Attached as Exhibit E are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, the Rescue Mission requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Respectfully submitted this :11 :sri day of II1c.. ~.eA.. , 2002. Respectfully submitted, THE RESCUE MISSION OF ROANOKE, INCORPORATED, a Virginia corporation By: ~,u.4.... ,t:" ~~~ of C unsel 6 ~,:l Maryellen F. Goodlatte, Esq. Glenn, Feldmarm, Darby & Goodlatte p, 0, Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile 7 The Rescue Mission of Roanoke, Incorporated, a Virginia corporation, owner of the property subject to this second amended petition hereby consents to this rezoning petition and agrees to be bound by the conditions that are proffered in this second amended petition. THE RESCUE MISSION OF ROANOKE, INCORPORATED By: -hi,j) (.,.L:. - V :;. its: zit: (,U f;~ O?J: /e .p 8 0/911011 ~~ A A U tD92'IOt> "' "' A ~ " "' A 3 - "' . '" '" '" ~ rogz 10. 0 0 I '" '" "' '" 0 '" ~ en 0 '" " '" 0 '" 'M'01:l u; elLltOt> -- liatQt> l.lIOt> ClOt> - - "lOt> A "' ~ ~ " "' Sf ~ ~ ~ " 0 ~ '" "' ~ ~ " '" '" ~ '" A ~ '" tlZZlOv HlllO\> nU.lQ\7 Hlf\OS ~lU,W"" l tZZ tOv lLlZ lDv ;::: 10 "r=,X9Q' ~NI~V3d 3sn .' 09 , = (Q" L)6'9 SMH ,~ -.- ~__''''' ~~:~:._- I __._~z lOt --.-....... ~19Zlat -.. - -- 6;~-- LI9Zl0v ltnlo. 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Exhibit 2 Adjoining Property Owners \ Owner Name Address Tax# Property Address MOORE ASSOCIATES LLC PO BOX 8335 4012110 327 TAZEWELL AV SE ROANOKE VA 24014 , BEASLEY DURWARD LEE & RT 3 BOX 178 4011520 334 TAZEWELL AV SE NANCY NESTER HILLSVILLE VA 24343 SINCLAIR RAYMOND E 332 TAZEWELL AV SE 4011519 332 TAZEWELL AV SE ROANOKE VA 24013 CONNER KENNETH W & WANDA W 224412 O'CLOCK KNOB RD 4011521 336 TAZEWELL AV SE SALEM VA 24153 LOWDER OTIS TRUMAN 3114 HILLCREST AV NW 4011523 TAZEWELL AV SE ROANOKE VA 24012 HAXTON TIMOTHY E 416 TAZEWELL AV SE 4011524 410 TAZEWELL AV SE ROANOKE VA 24013 HAXTON TIMOTHY E 416 TAZEWELL AV SE 4011525 TAZEWELL AV SE , ROANOKE VA 24014 HAXTON TIMOTHY E 416 TAZEWELL AV SE 4011526 416 TAZEWELL AV SE ROANOKE VA 24013 CITY OF ROANOKE CEMETERY 215 CHURCH AV SW RM 250 4012211 T AZEWELL A V SE ROANOKE VA 24011 CHISOM JESSE L SR AND 420 DALE AV SE 4012213 420 DALE AV SE BISHOP BONNIE S ROANOKE VA 24013 GRAYBILL DONALD L & SHIRLEY M 2007 SHADY RUN RD 4012609 VINTON VA 24179 PARR JOSEPH B 509 5TH ST SE 4012610 509 5TH ST SE ROANOKE VA 24013 DULL EDWARD L & PAMELA R 513 FIFTH ST SE 4012617 513 5TH ST SE ROANOKE VA 24013 MEADE WALTER 1201 16TH ST SE 4012618 519 5TH ST SE ROANOKE VA 24013 ALTICE POLLY ANN 521 FIFTH ST SE 4012619 521 5TH ST SE ROANOKE VA 24013 M E L PROPERTIES LLC 5931 WINDCREST LANE 4012620 523 5TH ST SE ROANOKE VA 24012 L H C ENTERPRISES LLC 318 RAY ST 4012621 527 5TH ST SE ROANOKE VA 24019 ROUPAS FRANK G 1841 WARRINGTON RD SW 4012616 ROANOKE VA 24015 RESCUE MISSION OF ROANOKE POBOX 11525 4012509 ROANOKE VA 24022 RESCUE MISSION OF ROANOKE POBOX 11525 4012130 DALE AV SE ROANOKE VA 24022---~-- ---~~~- ---....-,.-- The Rescue Mission of Roanoke Page 1 Tax #4012201 . r Exhibit 2 Adjoining Property Owners RESCUE MISSION OF ROANOKE POBOX11525 4012119 4TH ST SE ROANOKE VA 24022 RESCUE MISSION OF ROANOKE POBOX 11525 4012118 ROANOKE VA 24022 RESCUE MISSION OF ROANOKE POBOX11525 4012117 ROANOKE VA 24022 RESCUE MISSION OF ROANOKE POBOX 11525 4012116 ROANOKE VA 24022 RESCUE MISSION OF ROANOKE POBOX 11525 4012115 421 4TH ST SE ROANOKE VA 24022 ThB Rescue Mission of Roanoke Page 2 Tax # 4012201 MX ROS ~ N N <; .. ... ~ ~ o .... 0, , ~ IV <; ., 4012115 4012116 4012117 4012118 '" .. ~ '" ~ ~ '" .... <; ~ i:! .. <; <; <; .. .. <; ., .. 4012119 D4l.E RM-1 '" N N <; .. '" N ;;; <; .. o '" 5 4012601 '" o ~ <; .. Jll... 401 Tazewell Avenue, S.E. - -Tax-Map_No.-40,121-t0 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- STEPHANIE M, MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C, TAYLOR MUNICIPAL BLDG, ROANOKE VA 24011 REFERENCE, 32143302 10420359 NOTICE OF PUBLIC HEA NonCE OF PUBLIC HEARING City/County of Roanoke, Commonwealth/State of Vir~inia. Sworn and subscribed before me this __L1~day of August 2007, Witness my hand and official seal. Not:~t~~~c The Councltofthe City of Roanoke will hold a public . hearing on Monday, August 20,2007, at 7:00.p.m., or assoonthereaflerasthe ;mattermaybeheard,inthe 'Council Chamber, fourth floor, In the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., 'Ro.ant;!ke:, Virginia, to consl~.er.thefC?lIowing; Request from The Rescue Mission_ofRoarloke,ln(:" ,represented by Stan King, FacUitlesManager, to amend a proffered condition relallng to a proffered development , plan on the property located , at 401 Tazewell Avenue, S.E., bearing Official Tax No. . 4012201, to allow for the, erection ofa metal storage" building on the 101. , A copy of the application , Is available for review In the Office ol.the City Clerk, Room 456, Noel C. Taylor J Municipal Building, 215 Church Avenue, S.W., ; Roanoke, Virginia. All parties In interest and citizens may appear on the , above date and be heard on the matter. If you are a person with a disabilllywho needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearlnglisted above. GIVEN under my hand this 1st day of August, 2007. Stephanie M. Moon. CMC City Clerk State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: ~~~~ My co~~ssion e pi PUBLISHED ON, ",1111111, "", I, _,,<.._,\\~,~., '10/",.. '0.v. '0' _-' Q ,..NO'P,P,'o( '"" <<'-~ = ~:. I'I.lB\.\G ", 1< ~ - OJ ' #"3"3296"3::: = ... ; p,f,.G'O\'ll\'ll\55\Otol : ::: = :;""'\'II'I~C I'. '<0- -:. 0.0 - P. ;: ?!; ~ ., C> 0 .. ..... .... Q "0 .:.,~... ......' "A--_ .. .~....... , ''?"A,V "...."., Co'.,' ',''7, '" " ,",,-,\" '" ,.WEAt"\,\".~ , II II ,'"",~~, --------------------------------------------------+------------------------ OS/03 OS/10 (10420359) ----'--I ," .', TOTAL COST, FILED ON, 32S,16 OS/10/07 Authorized~ ~ Signature'~~-~f-- Billing Services " :;j .R;epresentative ~ "" ~ :D S 1"\:1 <So D "" 85 r'\) Ul ~~~ ^.f NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m" or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the following: Request from The Rescue Mission of Roanoke, Inc., represented by Stan King, Facilities Manager, to amend a proffered condition relating to a proffered development plan on the property located at 401 Tazewell Avenue, S,E" bearing Official Tax No. 4012201, to allow for the erection ofa metal storage building on the lot. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C, Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter. lfyou are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above, GNEN under my hand this 1st day of August ,2007, Stephanie M. Moon, CMC City Clerk. (Il,r-:-r-- N-Rescue Mission - amend prof condition 8-20-07 , , Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007, Send affidavit to: StephanieM, Moon, City Clerk 215 Church Avenue, S. W, Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Stan King, Facilities Manager The Rescue Mission of Roanoke, Ine. p, 0, Box 11525 Roanoke, Virginia 24022 (540) 343-7227 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Assistant City Clerk STEPHANIE M, MOON, CMC City Clerk CECELlA R. TYREE, Assistant Deputy City Clerk August 6, 2007 Stan King, Facilities Manager The Rescue Mission of Roanoke, Inc, p, 0, Box 11525 Roanoke, Virginia 24022 Dear Mr. King: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20,2007, at 7:00 p,m., or as soon thereafter as the matter maybe heard, in the City Council Chamber, Room 450, Noel C, Taylor Municipal Building, 215 Church Avenue, S. W" on the request of The Rescue Mission of Roanoke, Inc., that a proffered condition relating to a proffered development plan on property located at 401 Tazewell Avenue, S, E., be amended to allow for the erection of a metal storage building, For your information, I am enclosing copy of a notice of public hearing, Please review the document and if you have questions, you may contact Steven J, Talevi, Assistant City Attorney, at 540-853-2431, It will be necessary for you, or your representative, to be present at the August 20 public hearing. Failure to appear could result in a deferral of the matter until a later date, Sincerel , 'm,~ Stephanie M, Moon, CMC . atyc~~ . SMM:ew Enclosure d1~ .~~.~'..'. '" ,-. ." ,....). .~: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa., (540) 853,1145 E-mail: derk@roanokeva.gov SHEILA N, HARTMAN Assistant City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R, TYREE Assistant Deputy City Clerk August 6, 2007 Mr, and Mrs, John Breedlove Moore Associates, LLC Mr. Durward L. Beasley Ms, Nancy Nester Mr. Raymond E. Sinclair Mr. and Mrs, Kenneth W, Conner Mr, Otis T, Lowder Mr. Timothy E. Haxton Mr. Jesse L, Chisom, Sr, Ms, Bonnie S, Bishop Sandra Eanes, President Southeast Action Forum Dear Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 Rescue Mission of Roanoke, Inc" represented by Stan King, Facilities Manager, that a proffered condition relating to a proffered development plan on property located at 401 Tazewell Avenue, S, E., be amended to allow for the erection of a metal storage building, This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730, 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, trRJ~ m. YvLOQyv Stephanie M. Moon, CMC City Clerk SMM:ew AMENDMENT OF PROFFERED CONDITION The Rescue Mission, ~Tazewell Avenue, S.E" Tax No, 4012201 qOI )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15,2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 4011522 4012110 4011520 4011519 4011521 4011523 4011524 4011525 4011526 4012211 4012213 4012601 4012119 4012118 4012117 4012116 4012115 Owner Mailinq Address John and Deborah Breedlove 402 Tazewell Avenue Roanoke, VA 24013 Moore Associates, LLC POBox 8335 Roanoke, VA 24014 Durward L. Beasley Nancy Nester Route 3, Box 178 Hillsville, VA 24343 Raymond E. Sinclair 332 Tazewell Avenue, SE Roanoke, VA 24013 Kenneth and Wanda Conner 2244 12 O'Clock Knob Salem, VA 24153 Otis T. Lowder 3114 Hillcrest Avenue, NW Roanoke, VA 24012 Timothy Haxton 416 Tazewell Avenue, NW Roanoke, VA 24013 City of Roanoke Jesse L. Chisom, Sr. Bonnie S, Bishop 420 Dale Avenue, SE Petitioner Notice also mailed to: Sandra Eanes, President, SEAF Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of June, 2007. Notary Public My Commission Expires: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853,2541 Fa" (540) 853,1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk August 23, 2007 Mr, Jake Copty Plantation and Kanter 310 1" Street, Suite 450 Roanoke, Virginia 24011 Dear Mr. Copty: I am enclosing copy of Ordinance No. 37878-082007 rezoning three tracts of land located at 1302 Kimball Avenue, N. E., Official Tax Nos, 3043001, 3043002 and 3043003, from MX, Mixed Use District, to IN, Institutional District, subject to a certain proffered condition by the petitioner, as set forth in the Application for Conditional Rezoning - Amended Application No, 2 filed in the Office of the Department of Planning Building and Economic Development on June 18, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage, Sincerely, ~ tn, ~. Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Mr. Jake Copty August 23, 2007 Page 2 pc: Foot Levelers Inc., p, O. Box 12611, Roanoke, Virginia 24027 Theresia W, Fell, 245 Ottaway Road, Troutville, Virginia 24175 Mountain Valley Assoc II, LLC, 544 Settlers Landing Road, Hampton, Virginia 23669 ,Earl Scheib Realty Corp" 8737 Wilshire Boulevard, Beverly Hills, California 90211 Earl Scheib Realty Corp., 15206 Ventura Blvd, #200, Sherman Oaks, California 91.403 Shively Electrical Co" Inc., p, O. Box 794, Rocky Mount, Virginia 24151 Alan W, Hoover, 923 Old Court Lane, S, W., Roanoke, Virginia 24015 CDR & J Properties, LLC, 1334 7th Street, N, E" Roanoke, Virginia 24012 Fairlawn Enterprises, LLC, 2602 Franklin Road, S. W., Roanoke, Virginia 24014 Orange Kimball, LLC, 2716 Avenham Avenue, S. W., Roanoke, Virginia 24014 ANJLI, LLC, 525 Orange Avenue, N. W., Roanoke, Virginia 24016 Doug Trout, President, Williamson Road Action Forum, P. O. Box 5064, Roanoke, Virginia 24012 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 s{~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37878-082007. AN ORDINANCE to amend 936.2-100, 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 three tracts of land located at 1302 Kimball Avenue, N.E., and identified by Official Tax Nos, 3043001, 3043002 and 3043003, from MX, Mixed Use District, to I-I, Industrial District, subject to a proffer; and dispensing with the second reading by title of this ordinance, WHEREAS, Plantation and Kanter have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from MX, Mixed Use District, to IN, Institutional District, with the proffer that the property would be developed for certain uses as set forth in the permitted uses list contained in Amended Application No, 2, dated June 18, 2007, to allow for certain commercial and industrial uses; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936,2-540, Code of the City of Roanoke (1~79), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2007, after due and timely notice thereof as required by 936.2- ,~.r 1 1 ,- -" 540, Code of the City of Roanoke (197'gt'as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and O.Plantation & Kanter - rezone with proffer 8-20-07 WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare, and good zoning practice require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as. amended, be amended to reflect that three tracts of land located at 1302 Kimball Avenue, N.E., bearing Official Tax Nos, 3043001, 3043002 and 3043003, be, and are hereby rezoned from MX, Mixed Use District, to IN, Institutional District, subject to a proffer to allow for certain commercial and industrial uses, as set forth in the Application for Conditional Rezoning - Amended Application No, 2 of Plantation & Kanter, filed in the Office of the Department of Planning Building and Economic Development on June 18,2007, 2, Pursuant to the provisions of Section 12 of the City Charter, 'the second reading of this ordinance by title is hereby dispensed with, ATTEST: . OYI. ~ City Clerk. ) O-Plantation & Kanter - rezone with proffe.r 8-20-07 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Aveuue, S,W" Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva,gov Architectural Rc,"icw Board Board uf Zoning Appeals Planning Commission August 20, 2007 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: Request from Plantation and Kanter to rezone property at 1302 Kimball Avenue, N,E" bearing Official Tax Nos. 3043001, 3043002, and 3043003, from MX, Mixed Use District, to 1-1, Industrial District, with the proffer that the property would be developed for certain office, distribution, warehouse or other light manufacturing uses as set out in the permitted uses list contained in Amended Application No. 2, dated June 18,2007, to allow for certain commercial and industrial uses, including financial institutions, laboratories, offices, commercial caterers, certain food productions, dry cleaners, distribution centers, warehouses, educational and governmental facilities, retain building supplies and materials, and wireless telecommunication facilities, Recommendation Planning Commission public hearing was held on Thursday, July 19, 2007, There was no discussion regarding the applicant's request and there were no comments from the audience during the public hearing, Bya vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission recommends that City Council approve the application to rezone Official Tax Nos. 3043001, 3043002 and 3043003, The Commission finds the request to be consistent with the City's Comprehensive Plan and the Williamson Road Area Plan. All permitted uses proposed by the applicant are compatible with the existing building and appropriate for the site's prominent location along one of the City's entrance corridors. Members of City Council Page 2 August 20, 2007 Respectfully submitted, ~tky Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 3 August 20, 2007 Application Information Request: Conditional RezoninQ Owner/Applicant: Plantation and Kanter Representative: Jake CODtv City Staff Person: Maribeth 0, Bendl, City Planner II Site Address/Location: 1302 Kimball Avenue Official Tax Nos.: 3043001,3043002,3043003 Site Area: 5,924 Acres Total Existina Zonina: MX, Mixed Use Proposed Zonina: 1-1, LiQht Industrial with Conditions Existing Land Use: Flex Space including warehouse, office, distribution, Qeneral services etc, Proposed Land Use: Flex Space including warehouse, office, distribution, aeneral services etc: Neighborhood Plan: Williamson Road Area Plan Specified Future Land Light Industrial/Commercial Use: Filing Date: Original Application: June 7, 2007; Amended Application No, 1: June 18, 2007; Amended Application No, 2: June 18,2007 Background The applicant is requesting that the subject properties be rezoned from MX, Mixed Use District, to 1-1, Light Industrial District, with conditions, to increase the number of by-right uses permitted in an eighteen (18) unit flex-space development, Century Business Center. The development was designed to accommodate a variety of commercial and light industrial uses with each unit consisting of an entrance from a landscaped parking area, adjustable interior walls and a rear loading dock/entrance, The development was constructed in 1985 and has been subject to three (3) separate zoning ordinances (1976,1987 and 2005), each change further limiting the number of permitted uses available, ,A list of thirty-two (32) uses by-right has been proffered by the applicant. Conditions Proffered by the Applicant The applicant proffers that the following shall be the only permitted uses on Official Tax Nos, 3043001,3043002, and 3043003: a, Business Service Establishment, not otherwise listed b, Employee of Temporary labor service c. Financial Institutions to include credit unions and mortgage companies d. Laboratory, dental medical or optical e, Laboratory, testing and research f. Office, general or professional Members of City Council Page 4 August 20, 2007 g, Office, general or professional, large scale h, Caterer, commercial i. Studio/multimedia production facility j, Bakery, confectio nary, or similar food production, retail k. Dry Cleaning and laundry pick-up station I. General Services Establishment, not otherwise listed m, Janitorial services establishment n. Motor vehicle rental establishment, without inventory on site 0, Bakery, confectionary or similar food production, wholesale p. Commercial printing establishment q. Distribution center, not otherwise listed r. Warehouse s. Artist studio t. Educational facilities, Business school, trade school, or non-industrial trade school u, Government offices or other government facility, not otherwise listed v, Supply pantry w. Broadcast studio or station x, Building supplies and materials, retail (no outside storage) y, Contractor or tradesman's shop, General or Special Trade (no outside storage) z, Wireless telecommunications facility, Stealth, subject to Sec. 36.2-432 aa.Accessory uses not otherwise listed Subject to 36,2-403 bb. Dry Cleaning Plant or commercial laundry cc, Electrical component assembly, Wholesale dist. dd. Education, industrial trade school ee, Post Office ff. Limousine Service (no repair, service or fueling on site) Considerations Surroundina Zonina and Land Use: Zonina District Land Use North 1-1, Liaht Industrial District Industrial IFoot Levelers), South CG, Commercial-General Medical clinic and hotel/motel. District East 1-1, Light Industrial District and Medical clinic, professional office, and MX, Mixed Use District buildina suoolies and materials. West CG, Commercial-General Motor vehicle painting and body repair District and hotel/motel. Compliance with the Zonina Ordinance: Century Business Center was constructed in 1985 under the Light Manufacturing (LM) regulations of the 1976 Zoning Ordinance, This ordinance implemented a cumulative method in assigning uses to districts, Basically, uses were added to Members of City Council Page 5 August 20, 2007 districts as they increased in intensity from residential to commercial to industrial, building on uses permitted in the preceding district. For example, in the LM district, industrial uses such as processing were added without taking away those permitted in the commercial districts such as medical clinics, retail establishments, financial institutions and business service establishments, Therefore, this building was constructed based on the wide variety of tenant options, However, with the implementation of the 1987 and 2005 Zoning Ordinances, the flexibility of uses allowed steadily decreased, The 1987 Zoning Ordinance removed or required a special exception for many of the uses permitted by-right in the LM district under the 1976 Ordinance, For example, uses such as distribution centers and business service establishments were still permitted but general and professional offices required a special exception and had to exceed 20,000 square feet in size, Churches and retail establishments were completely removed as permitted uses, The 2005 Zoning Ordinance changed the subject parcel's zoning from Light Manufacturing to Mixed Use (MX), When considering a zoning district for these parcels, staff recommended the more conservative approach of MX, which permits a mix of residential, office and support service uses, over Light Industrial (1-1). A parcel located within an unconditioned 1-1 district would be open to sixty-eight (68) uses by-right and thirteen (13) uses by special exception including everything from business service establishment to chemical manufacturing. The building currently contains a mix of general and professional offices, distribution centers, business service establishments and commercial printing establishments, Uses not permitted in the MX zoning district, such as distribution centers, are grandfathered but could potentially be lost if the unit the use occupies is vacant for two (2) years or a conforming use takes its place, Therefore, the applicant is requesting a conditional 1-1 zoning district to allow the building the variety of uses for which it was designed. No exterior alterations are proposed for the site. Any future alterations would have to comply with the City's Zoning Ordinance, Conformitv with the Comprehensive Plan and Neiqhborhood Plan: The City's Comprehensive Plan, Vision 2001-2020, and the Williamson Road Area Plan encourage the creation of 'dynamic business centers.' The subject property's future land use is identified as 'light industrial/commercial' which is defined by the Williamson Road Area Plan as 'appropriate sites for light industrial and commercial uses, This pattern is used in the areas along Plantation Road and Kimball Avenue, where land uses tend to have characteristics of both commercial and industrial uses, such as contracting businesses and flex office- warehouse.' The Hollins/Wildwood Area Plan also discusses the future of land uses along Orange Avenue and Plantation Road, The plan recognizes the overabundance of commercially and industrially zoned property in this section of Members of City Council Page 6 August 20, 2007 the City and encourages existing properties to be used to their maximum potential. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . ED P1. Economic base, Roanoke will have a sustainable, diverse economic base that supports target industries in biotechnology, optics, information technology/software, transportation-related manufacturing and services, and supporting business services. . ED P5. Industrial development. Local policies and incentives and state economic incentives will strengthen the businesses and industries in the Enterprise Zones and provide jobs. The following policies of the Williamson Road Area Plan are relevant in the consideration of this application: . Economic Development Policies o Industrial development and redevelopment will be actively promoted in the industrial district along Plantation Road. Citv Department Comments: Staff has not received any comments from other City departments on this application. Public Comments: Staff has not received any public comment on this application, RECEIVED JUN2 5 2007 _, '''Ml~Ir,~IJ7n~!'~~~eLI CA TI ON CONDITIONAL REZONING Date: JJune 18, 2007 L To: . <-, .,~.~ ~ -..-,.;- _._ ' _ ..,.~~ .--;r:"':, The Honorable Mayor and Members of City Council -o',OriginaIApplication,' c/o Department of Planning Building and Economic Development,',..~~i~I ~ ,;~:>:' ;,;,1" ;,,',;' Room 166, Noel C, Taylor Municipal BUilding~,t~e~?~ppl1~tlon~ 215 Church Avenue, S,w. " - < , ,,', Roanoke, VA 24011 ". ''< Phone: (540) 853-1730 Fax: (540) 853-1230 ;{,. All submittals must be typed, include all required documentation and a check for the filing fee, Application is hereby submitted for conditional rezoning for the property located at: Property Address(es): J1302 Kimball Ave, Roanoke VA Official Tax No(s): 13043001,3043002,3043003 Existing Zoning: ----.EJ Requested Conditional Zoning: ~ Standard Flex Space to include warehouse, office, distribution, general services, etc... Proposed Land Use: Name of Applicant/Contact Person: Jake Copty Mailing Address: 1310 1st St Suite 450, Roanoke VA 24011 Property Owner's Nam Mailing Address: IpO Box 2444 Roanoke VA 24010 E-mail: JcoptyJC@copty.net l Telephone: ( ) Applicant's signature: PropenyOwner's signature: JBCOPty@copty,net Telephone: ( ) 1540.344,11441 Fax: ;?~ PLANTA - P. O. Box 2444. Roanoke. Virl!inia 24010 " June5, 2007 Re: Applicant's Report Dear Sirs; This property was developed in 1985 as a "new" Flex Space property, The zoning code at that time allowed for this type of use as LM, This fairly common type of development allows for office, distribution, warehouse and other LM uses which do not require outside storage, > , When the City underwent the code changes in 2005 this property was designated MX which constituted a change from the designed used of the development. We believe a change'in the type of use and tenant for this property was never intended by the City and the property should have been zoned I-I. The Century Business Center is in our opinion, one of the better developments of its kind in Roanoke and we have taken great pains to maintain the property, Our rent roll has always contained premiere corporate citizens, the likes of AT&T, Hewlett Packard, Verizon, BB&T Bank, Ikon, etc. These companies and others have been able to lease at this property under the LM zoning, For some of our tenants and prospective tenants, an MXzoning would not allow some of the uses currently at the property. We request the Zoning be changed From MX to 1- I to allow this property to attract the \ tenant for which it was designed and for which it was originally zoned. ,< PROFFERS CONDITIONAL REZONING Date: IJune 18, 2007 To: Department of 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 Original: 0 Amended: (must attach a copy of existing proffers) Name of Applicant/Contact Pers " Applicant's signature: ,. Property Owner's signature: ?~ .;vf~ Pursuant to the Section 36,2-S41(c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: Please note the attached sheet showing acceptable usage of this property. """(attach addilionarsheets as necessary) The following shall be the only permitted uses on Official Tax Nos. 3043001, 3043002, and 3043003: a, Business Service Establishment, not otherwise listed b. Employee of Temporary labor service c, Financial Institutions to include credit unions and mortgage companies d, Laboratory, dental medical or optical e. Laboratory, testing and research f. Office, general or professional g, Office, general or professional, large scale h, Caterer, commercial L Studio/multimedia production facility J. Bakery, confectionary, or similar food production, retail k. Dry Cleaning and laundry pick-up station L General Services Establishment, not otherwise listed m. Janitorial services establishment n, Motor vehicle rental establishment, without inventory on site 0, Bakery, confectionary or similar food production, wholesale p, Commercial printing establishment q, Distribution center, not otherwise listed r. Warehouse s, Altist studio t. Educational facilities, Business school, trade school, or non-industrial trade school u, Government offices or other government facility, not otherwise listed v. Supply pantry w. Broadcast studio or station x, Building supplies and materials, retail (no outside storage) y, Contractor or tradesman's shop, General or Special Trade (no outside storage) z, Wireless telecommunications facility, Stealth, subject to Sec, 36.2-432 aa. Accessory uses not otherwise listed Subject to 36.2-403 bb. Dry Cleaning Plant or commercial laundry cc. Electrical component assembly. Wholesale dist. dd, Education, industrial trade school ee, Post Office ff. Limousine Service (no repair, service or fueling on site) I . ~\ ~ .. \'- .~ I ...... j ~ i _ ~ ~ ~ ~ .. E .. .. .. ;: ~ ~ ~ = I; ; ~ J' i"~' .. i !: i ~ ;; it i i ! ~ . ! ~Jb , 0_ .;< ~ ! .. :; ~ !i ~;_ ! . ; ! ~;H~~ ~:jBI:~:iii~ ; e" i A .. ~ :: :; M '{ .~ ., n , . ~ ; cr w ffi I ~ il; I !l!':i' Ci3ii: ::> ,I t : illl cr i2 ~ ffi o l ~ ! "l! 11/:11./., nll€), 1111 : r 11 IlL;! III''', _z.__ ~ II ::;51;1-' ' "'i'!".",.." .. 'l::~.;;- t"i1~~t.o.~l:..". ll" .. -.~ ~~ _8. _G"I!; ~ .'11.. I',H'!:"""'."'.I, .~~ - I~.-~ .~ ".. 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DO M .., 5<:>O~~ ~ ~><X~ ~ (X :'>6< N ORANGE ~ :x 5<: >v ~ ~ ~ ~ >v~ O~ 3043009 I 3020209 - 3020205 .. o N o 3020202 ~ .., .1 ~ 3042 3020203 <0 o N o '" o .., .... o N o '" o M N N N '" '" .. .. o 0 .., .., ~ ~ .- ORANGE " / Q ,0,0101 3024001 """\.... ,]0<, ;SOO, '" o '" '" S '" C 1:' OJ f' r - CJ I (e 1-1 ,0,0201 '" ,OZ4001 1302 Kimball Avenue, N.E, _ _Tax.Map.Nos...304300t,.3043002,.3043003.. ,025008 9- 3 ,... I T T I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, s. W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Assistant City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk August 6, 2007 Mr. Jake Copty Plantation and Kanter 310 1 st Street, Suite 450 Roanoke, Virginia 24011 Dear Gentlemen: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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" on the request of Plantation and Kanter that property located at 1302 Kimball Avenue, N. E., be rezoned from MX, Mixed Use District, to 1-1, Industrial District, subject to a certain condition proffered by the petitioner. For your information, I am enclosing copy of a notice of public hearing, Please review the document and if you have questions, you may contact Steven J, Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the August 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~~M.~~. Stephanie M, Moon, CMC City Clerk SMM:ew Enclosure .r;~ .14"'~. "o.LC~" ,. . ,;. ..l.~ '~ -,' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853,1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk August 6, 2007 CECELlA R, TYREE Assistant Deputy City Clerk Foot Levelers, Inc, Mountain Valley Association II, LLC Shively Electrical Co" lnc, COR & J Properties, LLC Orange Kimball, LLC Doug Trout, President, WRAF Theresia Wagnew Fell Earl Scheib Realty Corp. Alan W, Hoover Fairlawn Enterprises, LLC ANJLI, LLC Dear Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 from Plantation and Kanter that property located at 1302 Kimball Avenue, N. E., be rezoned from MX, Mixed Use District, to 1-1, Industrial District, subject to a certain condition proffered by the petitioner. This letter is provided for your information as an interested property owner and/or adjoining property owner, If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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, /it1i~~'~d~ Stephanie M. Moon, CMC City Clerk SMM:ew REZONING REQUEST OF Jake and Robert Copty at 1302 Kimball Avenue, N.E. )AFFIDAVIT Tax Nos. 3043001, 3002, 3003, from MX to 1-1, conditional) 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 28th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailina Address 3043004 Foot Levelers Inc. POBox 12611 Roanoke, VA 24027 3070802 Theresia Wagnew Fell 245 Ottaway Road Troutville, VA 24175 3041712 Mountain Valley Assoc II, LLC 544 Settlers Landing Raod 3070909 Hampton, VA 23669 3041714 3041713 3042223 3042202 Earl Scheib Realty Copr 8737 Wilshire Blvd 3042212 Beverly Hills, CA 90211 3042224 3042201 Earl Scheib Realty Corp, 15206 Ventura Blvd, #200 Sherman Oaks, CA 91403 3030101 Shively Electrical Co" Inc. POBox 794 Rocky Mount, VA 24151 3043007 Alan W. Hoover 923 Old Court Lane, SW Roanoke, VA 24015 3043005 CDR & J Properties, LLC 1334 ih Street, NE Roanoke, VA 24012 3043009 Fairlawn Enterprises, LLC 2602 Franklin Road Roanoke, VA 24014 3025012 Orange Kimball, LLC 2716 Avenham Avenue, SW Roanoke, VA 24014 3025001 ANJLI, LLC 525 Orange Avenue, NW Roanoke, VA 24016 Notice also mailed to: Williamson Road Action Forum Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of June, 2007, Notary Public My Commission Expires: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - -- - - - - - - - --- ------- COPTY, JACK 310 FIRST STREET, S.W" SUITE 4 ROANOKE VA 24011 NonCE OF PUBLIC HEARING REFERENCE, 80066164 10420295 s NOTICE OF PUBLIC HEA The Council of the Cit)' Of) .. Roanoke will hold a public I hearIng on Monday, August 120,2007, at 7:00 p.m., or ,as soon thereafter as the matter maybe heard In the I Council Chamber fourth floor, in the Noel C. Taylor I Municipal Building, 2151 I Church Avenue, S.W., i Roanoke, Virginia to 'consider the following: ' Request from Plantation and Kanter to rezone property 0911302 Kimball Avenue, N.E., bearing Official Tax Nos. 3043001 )3043002 and 3043003' J from MX, Mixed Use DIstrict' 'to 1-1, Industrial District, with 'a proffer, as set forth In Amended Application No.2, ,elated June 18, 2007, to , allow for certain commercial ; and Industrial uses, Including general and buslnessservlce establishments, employment I or lemporary labor services Ifinanclallnstltutions' ilaboratorles,offlces: comf!lercial caterers, studIos, certain forid production, or storage . ! a c i ~ I Ii e 5, dry c I e a n e r s, J a n I,t 0 r 109 I ~ e r v Ice 51 estabhshment.motorvehiclei ,rental eSI~bJiShments'l .comf!lerClal..printlng I establishments; distribution I .centers, warehouses'l ieducatlonal and governmentalfaClJities,retaill building supplies and materials, wirelessl I telecommunication facilities . and limousine services. " A copy of the apPlication. is available for review In thet Office of the City Clerk ROOf!! .456, Noel C. Taylo; Municipal Building, 215 Church Avenue S W Roanoke, VirgInia. ' . ., All parties in interest and citizens may appear on the above date and be heard on ,the malter. If you are a I person with a disability who needsaccommodatfonsfori this hearIng, please contactl the City Clerk's Office, all 853-2541, before noon on the Thutsday before the date of the hearing listed above. , GIVEN under my hand this; . 1st day of August, 2007. I Stephanie M. Moon, CMC ( City Clerk. , State of Virginia City of Roanoke I, {the undersigned} an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dAtes: City/County of Roanoke, Commonwealth/State of Virginia, Sworn and subscribed before me this ___L~day of August 2007. Witness my hand and official seal. ~ ~JIie:lJf.~9:~L __~~_fl_&:;tary Public My c~~ission exp r~~~~~_~,~Dli____, Ill,IIfIf'1 " N ", .,', -<~ ' JOI, '" ......~;\ \ ...... rr"\ " ....r~V,"" f>.I'i ",.'-~" ~Q"","1:\o.\,\C '"...~ =ii:.: I'v ;'O'/.~... = : CD; n"0. II ."c~\al;\. : ~ : ~ . ,,<" a1ll1"'" '"",- S....... 1$<C~\\\ I/<Ji: ";~'" . ,"$~ ":. (/. " .' (. ... " ~~ .,....." <:::" " "" 'ON~vr:t\~,\\ ",'" ""IJ,'II-;tt\\\\ PUBLISHED ON, 08/03 08/10 TOTAL FILED COST, ON, 457,08 08/10/07 (10420295) Authorized V'~ v--(1}('- Signature'_~~__j1'___~~ --------------------------------------------------+------------------~----- .,., - ..... -<: ~ . Billing Services ~epresentatlve ~ ~ f',.1 is' ~ $ g;: . ;{ itS I\O^, 7,\c'>'\ ~. NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p,m" or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C, Taylor Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia, to consider the following: Request from Plantation and Kanter to rezone property at 1302 Kimball Avenue, N.E., bearing Official Tax Nos, 3043001, 3043002 and 3043003, from MX, Mixed Use District, to I-I, Industrial District, with a proffer, as set forth in Amended Application No, 2, dated June 18, 2007, to allow for certain commercial and industrial uses, including general and business service establishments, employment or temporary labor services, financial institutions, laboratories, offices, commercial caterers, studios, certain food production, or storage facilities, dry cleaners, janitorial services establishment, motor vehicle rental establishments, commercial printing establishments, distribution centers, warehouses, educational and governmental facilities, retail building supplies and materials, wireless telecommunication facilities, and limousine services, A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above, GNEN under my hand this 1st: day of August: ,2007. Stephanie M, Moon, CMC City Clerk. '-. ~ N-Plantation & Kantor - rezone with proffer 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3, 2007 and August 10,2007, Send affidavit to: Stephanie M, Moon, City Clerk 215 Church Avenue, S, W, Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Plantation and Kanter Jake Copty 310 First Street, Suite 450 Roanoke, VA 24011 (540) 344-1144 \ / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W., Room 456 Roanoke, Virginia 24011-1536 Telephone, (540) 853.2541 Fa" (540) 8S3.1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk June 11, 2007 CECELIA R. TYREE Assistant Deputy City Clerk Henry Scholz, Chair City Planning Commission 2335 Broadway Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Scholz: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Application for Street or Alley Closure by Barricade received in the City Clerk's Office on June 8, 2007, from the City of Roanoke" requesting that Carlisle Avenue, S, E. at its intersection with 16th Street, S. E., be vacated, discontinued and closed by barricade, Sincerely, c;du~ 0)- Sheila N, Hartman Deputy City Clerk SNH:ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosure) Darlene 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 K:\REZONlNG AND STREET CLOSURBSlreet or alley closure by barricade Carlisle Av 5e.doc rP~ JA, " . '1_ :..i:~ -...... ~' :- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853,2541 Fax: (540) 853,1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELlA R lYREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk August 23, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: A public hearing on the request of the City of Roanoke that Carlisle Avenue, S. E" at its intersection with 16'h Street, be permanently closed by barricade, was conducted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 20, 2007 Pursuant to unanimous vote of the Council, the request for closure by barricade was denied. Sincerely, ~~~,~ Stephanie M, Moon, CMC City Clerk SMM:ew pc: Cardinal Rubber and Seal,1 545 Brownlee Avenue, S, E., Roanoke, Virginia 24014 Western Virginia Water Authority, 2012 S. Jefferson Street, Suite 200, Roanoke, Virginia 24014 Mr. and Mrs, Michael Scaggs, 1608 16'h Street, S, E., Roanoke, Virginia 24014 .. Ms, Sheila B, Mutter, 1614 Gordon Avenue, S, E" Roanoke, Virginia 24014 Ms. Phabeanna L. Lawson, 1620 Gordon Avenue, S. E., Roanoke, Virginia 24014 Darlene L. Burcham August 23, 2007 Page 2 Mr. and Mrs, Charles T, Fisher, 1626 Gordon Avenue, S, E., Roanoke, Virginia 24014 Mr, Bobby j. Helton, 1632 Gordon Avenue, S. E" Roanoke, Virginia 24014 Ms. Georgianna M, Rogers, 1702 Gordon Avenue, S, E" Roanoke, Virginia 24014 Ms. Carolyn C. Yopp, 1708 Gordon Avenue, S, E., Roanoke, Virginia 24014 Mr. and Mrs. Emmett R. Tolbert, III, 1714 Gordon Avenue, S. E" Roanoke, Virginia 24014 Mr. Bobbie J. Harkleroad, 1720 Gordon Avenue, S, E., Roanoke, Virginia 24014 Mr. Marion G, Lambert, 1726 Gordon Avenue, S. E., Roanoke, Virginia 24014 Ms, Rebecca A. Caldwell, 3075 Woodway Road, S, E" Roanoke, Virginia 24014 Sidney A. Maupin, 6743 Corntassel Lane, S. W., Roanoke, Virginia 24018 Mr. and Mrs, Gregory L. Barger, 1425 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Mr. Dannie R, Sink, 1505 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Ms, Marian E, Hodges, 1513 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Ms, Joanne C. Howell, 1517 Carlisle Avenue, S. E., Roanoke, Virginia 24014 Ms. Isabel C. Carter, 1521 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Mr, and Mrs. Byron j. Akers, 1527 Carlisle Avenue, S. E., Roanoke, Virginia 24014 Mr. Luke S, Sarver, 1533 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Mr. Ray B, Willis, 1539 Carlisle Avenue, S. E., Roanoke, Virginia 24014 Mr. Shannon M. Harvey, 1547 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Mr. and Mrs, George E. Ashe, Sr., 1555 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Mr. William R. Welch, 1559 Carlisle Avenue, S, E" Roanoke, Virginia 24014 . Mr. and Mrs. Howard W. Rader, Jr" 1 563 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Mr. Walter A. Bailey, Jr., 1567 Carlisle Avenue, S, E" Roanoke, Virginia 24014 Mr. and Mrs, Garnet N. Coleman, 1571 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Darlene L, Burcham August 23, 2007 Page 3 Mr. and Mrs. Stuart F. Debondt, 839 Shady Vale Court, Lusby, Maryland 20657 Ms, Pamela T. Harmon, 1579 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Ms. Jeannie M, Coulson, 208 Prospect Avenue, Galax, Virginia 24333 Mr. and Mrs, Terry L. Kuhn, 1589 Carlisle Avenue, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Curtis A. Lang, 1593 Carlisle Avenue, S. E" Roanoke, Virginia 24014 Mr. and Mrs. Walter R, Bonham, 1597 Carlisle Avenue, S, E., Roanoke, Virginia 24014 Ms. Hallie E. Nichols, 1602 16th Street, S. E" Roanoke, Virginia 24014 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M, Hackworth, City Attorney Steven J, Talevi, Assistant City Attorney CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Aveuue, S,W" Room 166 Roauoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planuing@roauokeva,gov Archill'ctural Rl'\"iew Board Board of Zoning Appeals I'lallningC()mmi~sion if.:'] August 20, 2007 Honorable C, Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T, Dowe, Jr., Council Member Honorable Beverly T, Fitzpatrick, Jr" Council Member Honorable Sherman p, Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to permanently close, by barricade, Carlisle Avenue, S.E., at its intersection with 16th Street, S.E. Recommendation: Planning Commission public hearing was held on Thursday, July 19, 2007. There was no discussion regarding the request and there were no comments from the audience during the public hearing. By a vote of O-S (Messrs, Chrisman and Williams absent), the motion failed. The Commission could not support the application to retain the existing barricade at Carlisle Avenue, S.E" as it is not consistent with the City's Comprehensive Plan and the existing barricade does not provide any essential public benefit, Respectfully submitted, ~IZ~ City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Members of City Council Page 2 August 20, 2007 Application Information Request: Retain existing barricade (guard rail) on Carlisle Avenue, S,E" where it intersects with 16th Street, S,E. Owner / Aoolicant: Citv of Roanoke RefJresentative: n/a Citv Staff Person: Frederick Gusler Site Address/Location: Carlisle Avenue and 16th Street, S,E. Official Tax Nos. 4340401-2 inclusive, 4340S 16-2 7 inclusive adjoining location of barricade: Site Area: Width of riqht-of-way is 45' Existing Zoning: ROS, Recreation and Open Space, R-5, Residential Sinqle-family Prooosed Zonina: n/a Existina Land Use: n/a ProfJosed Land Use: n/a Neighborhood Plan: Mo rn i ng sid e/Ke nwoodl Rive rd al e Specified Future Land n/a Use: Filing Date: Original Application: June 8, 2007 Background: The existing barricade was erected after City Council adopted Ordinance 29659 on July 24, 1989, The ordinance authorized the City to erect the barricade for a "trial" period of six months effective from the date of its erection, The ordinance states to close the street permanently a new application would need to be filed, if the trial period indicated that permanent closure would be acceptable, No such application was ever filed, nor was the barricade removed. Staff received a letter with an informal petition of several signatures from Sidney Maupin in December 2006 requesting that the guard rail be removed. Upon researching the ordinance, staff was advised by the City Attorney's office that City Council had only authorized a six-month trial period for such barricade, Staff received several calls from nearby residents requesting that the guard rail remain, The City Attorney advised that if the City administration wished to further consider the issue of whether Carlisle Avenue, S.E" should be barricaded at its intersection with 16th Street, S,E., the City administration would need to file an application for such for City Council's review and action. Members of City Council Page 3 August 20, 2007 Considerations: Surroundinq Zoninq and Land Use: Zonina District Land Use North ROS Recreation and Onen Snace Park South R-S, Residential Sinqle-familv District Residential East nja, Roanoke County Industrial West 1-1, Industrial Industrial Compliance with the Zoninq Ordinance: The barricade has no impact on zoning, Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request is not consistent with the street design guidelines of Vision 2001-2020, the City's Comprehensive Plan, IN P1 (Infrastructure Policy) states: "Cooperative planning on the local, regional, and state levels should include design features that maintain or improve connectivity of streets while maintaining neighborhood integrity and minimizing negative visual and noise impacts." The City Design chapter of Vision 2001-2020 states that streets in a traditional neighborhood setting "should connect with existing neighborhood streets to complete the street grid pattern of the surrounding area," Based on these policies in Vision 2001-2020 and current traffic patterns in the neighborhood, staff has found that there is no general public benefit for the barricade to remain. The conditions that were stated in the 1989 report to City Council, which supported the "trial" period, have changed due to the development of the Wastewater Treatment Plant and accompanying realignment of Brownlee Avenue, S.E, Public Utilities The area is served by public utilities. Staff received comments from Appalachian Electric Power (AEP), Verizon, the Western Virginia Water Authority and Roanoke Gas, all of which stated no opposition to the request. Members of City Council Page 4 August 20, 2007 City Department Comments: None Public Comments: None . . . AP,PLICA,TION__. 'STREET OR ALLEY CLOSURE BY BARRICADE Date: 6-08-07 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S,W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee, , , Application is hereby submitted for street or alley closure by barricade for the property located at:'. Location and description of street or alley to be closed: Retain existing barricade on Carlisle AV~nue. S,E. at intersection with 16th Street" S. E. This barricade was erected by City Council adoption of Ordinance 29659 on July 24, 1989. Reason for request: The Ordinance authorized the City Manager to close Carlisle Avenue, S.E. by barricade for a period of six months. Since that time period has expired, a permanent closure by barricade Ordinance is required to reta~n tue eX1St1ng guard rail barriace. Name of ApplicanUContact"person: nAT'lpnp.! "RnTl""hAm Mailing Address: City of Roanoke, 215 Church Avenue. S. w. Roanoke, VA 24011 Telephone: (54<) 853-2333 Fax: ~40) 853-1138 E-mail: . Applicanl(s) Signature(s~~. -- {rn111AMAA J h., . kAt: -f;)A-u.A~b~ cr-D(JJ.U'~ ~ " " ~ o '" o '" '" ..,. , , W N Q) 0 "'0 (j) ..,. 0 CO ..,. - '" () Q) ..,. 'C > .... CO <( CD Q) +-' en Q) ,- Q) "C .... co +-' en (j) U g o ~ '" o ..,. '" ,..,. 'I'" . - u u~--f,~ S01>f:j, ObS,u' _01-(:1- - II'l . f:ISOPf:t> 6f:SOt>f:t> JULY 1, 2007 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 CHURCH AVE SW ROOM 166 ROANOKE, VA 24011 ~~~v ~~G , ~ 1.\\\\1 \\) \. ,/(. , ) ",,~I.)'to- ,<:' ~,' ,,<. ""v" "co ,,~\l' ",,., \J \' t",~~r ("!\\" ,.,,:~_\~~f-.- ,.-- . ATTN: FREDERICK GUSLER MR GUSLER: WE HAD SPOKEN BY PHONE THIS PAST WEEK AND I WAS TOLD I COULD SEND A LETTER OF CONCERN REGARDING CARLISLE AVE SE PERMANENT CLOSURE, WE IN THE NEIGHBORHOOD HAVE SIGNED A PETITION BUT I WAS TOLD BY YOU IT WAS NOT AN "OFFICIAL DOCUMENT", I DON'T UNDERSTAND WHY THIS CAN NOT BE CONSIDERED OFFICIAL SINCE WE WHO LIVE AROUND THIS AREA SIGNED BECAUSE WE ARE CONCERNED ABOUTOPENING THIS BARRICADE. IT HAS BEEN CLOSED FOR OVER 15 YEARS AND AND HAS BEEN SAFER DURING THAT TIME. IF IT IS REOPENED THERE WILL AGAIN BE A LARGE CONCERN FOR THE RESIDENTS AND VISITORS TO GOLDEN PARK DUE TO UNSAFE CONDITIONS SUCH AS SPEED AND ACCIDENTS FROM DRAG RACING, ETC, THERE ARE SEVERAL SMALL CHILDREN IN THE AREA WHICH SHOULD BE A CONCERN OF EVERYONE INVOLVED, THERE ARE AMBLE ENTRANCES AND EXITS TO/FROM CARLISLE AVE SE THERE IS NO REASON TO OPEN THIS SECTION UP AGAIN AND CAUSE THE SAME PROBLEMS, I UNDERSTAND THE CITY COUNCIL HAS FINAL SAY IN THIS MATTER AND HOPEFULLY THIS WILL BE A TIME A CORRECT DECISION IS MADE REGARDING THE SAFETY AND WELL BEING OF ITS CITIZENS WITHOUT HAVING TO GO THROUGH LOOPS AND HOOPS. ~~\Y,cs~ CAROL SCAGGS 1608 16TH STREET SE ROANOKE, VA 24014 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ STEPHANIE M, MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C, TAYLOR MUNICIPAL BLDG, ROANOKE VA 24011 REFERENCE, 32143302 10420332 NOTICE OF PUBLIC HEA NOTICE OF PUBLIC HEARING State of Virginia City of Roanoke ,. \ The Council of the City of Roa~oke will hold a public hearing on Monday, August 20,2007, at 7:00 p.m., or' as soon thereafter as thel matter may be heard,ln thel Coun~i1 Chamber, fourthl floor~ I.n the Noel C. Taylor Municipal Building, 2151 Church Avenue, S.W.,! Roanoke, Virginia, tol consfder the following: ' Request from the Clly of Roanoke to permanently' close, by barricade, Carlisle I Avenue, S. E., at its Intersection with 16th Street s.E. 'I A copy of the application; Is available for review in the Office of the Clly Clerk Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W Roanoke, Virginia. All parties In Interest and: citizens may appear on the above date and be heard on the matter. If you are a person with a dlsabUity who needs accommodations for this hearing, please contact the City Clerk's Office at 853-2541, before noon' on the Thursday before the date of the hearing fisted al>ove. GIVEN under my hand thIs 1st day of August, 2007. Stephanie M. Moon, CMC CityCletk. I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~~?ia" Sworn and subscribed before me this __LJL~day of August 2007, Witness my hand and ~~,s::~__~~ ~n.Tr- ~ootaiLPubliC My CO~~lon exp~~~_~~_~UUL____. \,'u..,.... \\\'-"'1 ff# ",,'..,,('(~, ':~~ ~O J-."", , ",,,,,, " '" C' ' ~ ~"'."i-lO\i'I'\' "., ~ -:;. : iif : ?\J6L1C " ~' PUBLISHED ON:, OS/03 OS/10 :/D: #332963:: ; ~ ~ I'\~G'O\'ll\'ll\55\O\l : ::!: = ~ ", l<1'i~C P~\\C ,: ~ ~ ........ . c,:).. -:'~o.' - . (~... , ~ ". .." ~, " '""tO~WEAi.1'~ <J\/ """1111'\\\ (10420332) TOTAL COST, FILED ON, 293,00 OS/10/07 Authorized ----- "-II1rh-J. ..~... Signature,_~~,;t1___~~~~ --------------------------------------------------+------------------------ '"" ::; -< '"" ..- iepresentative ~ :D S 92- ~ =a: ~: ft~ Billing Services ~~~\D1 NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 20, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C, Taylor Municipal Building, 215 Church Avenue, S, W" Roanoke, Virginia, to consider the following: Request from the City of Roanoke to permanently close, by barricade, Carlisle Avenue, S,E., at its intersection with 16th Street, S,E, A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C, Taylor Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above, GIVEN under my hand this 1st day of August ,2007, Stephanie M, Moon, CMC City Clerk. N-City - Barricade Carlisle Avenue at 16th St 082007 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 3,2007 and August 10,2007, Send bill and affidavit to: Stephanie M, Moon, City Clerk 215 Church Avenue, S. W" Room 456 Roanoke, Virginia 24011 (540) 853-2541 ej.l~ ".;~~ .~ :' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanoke\'3.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk . August 6, 2007 CECELlA R. TYREE Assistant Deputy City Clerk Cardinal Rubber and Seal Western Virginia Water Authority Mr. and Mrs, Michael S. Scaggs Ms, Sheila B. Mutter Ms, Phabeanna L. Lawson Mr, and Mrs. Charles T, Fisher Mr. Bobby J, Helton Ms, Georgianna M, Rogers Ms, Carolyn C, Yopp Mr. and Mrs, Emmett R. Tolbert, III Mr. Bobbie J, Harkleroad Ms. Marion G. Lambert Ms, Rebecca A, Caldwell Mr. Sidney A. Maupin Mr. and Mrs, Gregory L. Barger Mr. Dannie R. Sink Ms, Marian E, Hodges Ms. Joanne C, Howell MS,Clsabel C, Carter Mr. and Mrs, Byron J, Akers Mr. Luke S. Sarver Mr. Ray B. Willis Ms, Shannon M, Harvey Mr. and Mrs. George E, Ashe, Sr. Mr. William R. Welch Mr. and Mrs, Howard W, Rader, Jr, Mr. Walter A. Bailey, Jr Mr. and Mrs, Garnet N, Coleman Mr. and Mrs. Stuart F. Debondt Ms, Pamela T, Harmon Ms. Jeannie M. Coulson Mr. and Mrs, Terry L. Kuhn Mr. and Mrs. Curtis A, Lang Mr. and Mrs. Walter R. Bonham Ms, Hallie E. Nichols Ladies and Gentlemen: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 20, 2007, 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 that Carlisle Avenue, S. E., at its intersection with 16th Street, S, E., be permanently closed by barricade. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Interested Property Owner and/or Adjoining Property Owner August6,2007 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541, Sincerely, ~~,~ Stephanie M, Moon, CMC City Clerk SMM:ew To the Clerk of the City of Roanoke Permanent barricade of Carlisle Avenue, S,E., at its intersection with 16th Street, S,E, ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge, Affidavit states that, pursuant to the provisions of Section 15,2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of June, 2007, notices of a public hearing to be held on the 19th day of July, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No, Owner Mailinq Address See attached sheet {tttU1Uiv 1-d;ulL Mart a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, v;rg(;k~: d~07. Il . /1_ .Notary Public My Commission Expires: t..f9Verr,.Jf!Q!!. ,10 :2008' ell ". .:~~;. .', ~'. :':'~.:.' 'J' ':i:\.. LIST OF ADJOINING PROPERTY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 4340310 CARDINAL RUBBER AND SEAL 1545 BROWNLEE AVE SE 1545 Brownlee ROANOKE, VA 24014 Ave, SE 4340315 WESTERN VIRGINIA WATER 2012 S. JEFFERSON STE 200 1506 Carlisle Ave AUTHORITY ROANOKE, VA 24014 SE 4430102 SCAGGS MICHAEL S & CAROL 1608 16TH ST SE 1608 16th St SE L ROANOKE, VA 24014 4430105 MUTTER SHEILA B 1614 GORDON AV SE 1614 Gordon Ave ROANOKE, VA 24014 SE 4430106 LAWSON PHABEANNA L 1620 GORDON AVE SE 1620 Gordon Ave ROANOKE, VA 24014 SE 4430107 FISHER CHARLES T & MARITA 1626 GORDON AVENUE SE 1626 Gordon Ave ROANOKE, VA 24014 SE 4430108 HELTON BOBBY J 1632 GORDON AVENUE SE 1632 Gordon A V ROANOKE, VA 24014 SE 4430109 ROGERS GEORGIANNA M 1702 GORDON AVE SE 1702 Gordon AV ROANOKE, VA 24014 SE 4430110 YOPP CAROLYN C 1708 GORDON AVE SE 1708 Gordon A V ROANOKE, VA 24014 SE 4430111 TOLBERT EMMETT R III & 1714 GORDON AVE SE 1714 Gordon AV SERENA M ROANOKE, VA 24014 SE 4430112 HARKLEROAD BOBBIE J & 1720 GORDON AVE SE 1720 Gordon A V ROANOKE, VA 24014 SE 4430113 LAMBERT MARION G 1726 GORDON AV SE 1726 Gordon AV ROANOKE, VA 24014 SE 4340316 CALDWELL REBECCA A 3075 WOODWAY RD 1510 Carlisle Ave ROANOKE, VA 24014 SE 4340317 MAUPIN SIDNEY A 6743 CORNTASSEL LN Carlisle Ave SE ROANOKE, VA 24018 4340319 MAUPIN SIDNEY A 6743 CORNTASSEL LN sw 1518 Carlisle Ave ROANOKE, VA 24018 SE 4340321 MAUPIN SIDNEY A 6743 CORNTASSELL LN 1520 Carlisle Ave ROANOKE, VA 24018 SE 4340401 CITY OF ROANOKE VIRGINIA 215 CHURCH AV SW RM 250 Carlisle Ave SE ROANOKE, VA 24011 4340402 CITY OF ROANOKE 215 CHURCH AV SW RM 250 1566 Carlisle Ave ROANOKE, VA 24011 SE 4340501 WESTERN VIRGINIA WATER 4352 GEARHART RD SE Carlisle Ave SE AUTHORITY ROANOKE, VA 24014 4340503 WESTERN VIRGINIA WATER 4352 GEARHART RD SE 1417 Carlisle Ave AUTHORITY ROANOKE, VA 24014 SE 4340504 WESTERN VIRGINIA WATER 2012 S, JEFFERSON ST STE 200 1421 Carlisle Ave AUTHORITY ROANOKE, VA 24014 SE 4340505 BARGER GREGORY L & 1425 CARLISLE AV SE 1425 Carlisle Ave CATRINA L ROANOKE, VA 24014 SE 4340506 SINK DANNIE RAY 1505 CARLISLE AV SE 1505 Carlisle Ave ROANOKE, VA 24014 SE 4340507 SINK DANNIE RAY 1505 CARISLE AV SE Carlisle Ave SE ROANOKE, VA 24014 4340508 HODGES MARIAN E 1513 CARLISLE AV SE 1513 Carlisle Ave ROANOKE, VA 24014 SE 4340509 HOWELL JOANNE C 1517 CARLISLE AV SE 1517 Carlisle Ave ROANOKE, VA 24014 SE 4340510 CARTER ISABEL C & 1521 CARLISLE AV SE 1521 Carlisle Ave ROANOKE, VA 24014 SE 4340511 AKERS BYRON J & VENUS M 1527 CARLISLE AV SE 1527 Carlisle Ave ROANOKE, VA 24014 SE 4340513 SARVER LUKE S 1533 CARLISLE AV SE 1533 Carlisle Ave ROANOKE, VA 24014 SE 4340514 WILLIS RAY B 1539 CARLISLE AV SE 1539 Carlisle Ave ROANOKE, VA 24014 SE 4340516 HARVEY SHANNON M & 1547 CARLISLE AV SE 1547 Carlisle Ave ROANOKE, VA 24014 SE 4340517 ASHE GEORGE E SR & 1555 CARLISLE AV SE 1555 Carlisle Ave PATRICIA LYNN ROANOKE, VA 24014 SE 4340518 WELCH WILLIAM R 1559 CARLISLE AV SE 1559 Carlisle Ave ROANOKE, VA 24014 SE 4340519 RADER HOWARD W JR & 1563 CARLISLE AV SE 1563 Carlisle Ave RHODA C ROANOKE, VA 24014 SE 4340520 BAILEY WALTER ALLEN JR & 1567 CARLISLE AV SE 1567 Carlisle Ave ROANOKE, VA 24014 SE 4340521 COLEMAN GARNET N & SUE D 1571 CARLISLE AV SE 1571 Carlisle Ave ROANOKE, VA 24014 SE 4340522 DEBONDT STUART F & RUBY 839 SHADY VALE CT 1575 Carlisle Ave N LUSBY, MD 20657 SE 4340523 HARMON PAMELA T 1579 CARLISLE AV SE 1579 Carlisle Ave ROANOKE, VA 24014 SE 4340524 COULSON JEANNIE M 208 PROSPECT AV 1583 Carlisle Ave GALAX, VA 24333 SE 4340525 KUHN TERRY L & CONNIE D 1589 CARLISLE AV SE 1589 Carlisle Ave ROANOKE, VA 24014 SE 4340526 LANG CURTIS A & CAROLYN 1593 CARLISLE AV SE 1593 Carlisle Ave SUE ROANOKE, VA 24014 SE 4340527 BONHAM WALTER RAY & 1597 CARLISLE AV SE 1597 Carlisle Ave GLORIA FAYE ROANOKE, VA 24014 SE 4430101 NICHOLS HALLIE E 1602 16TH ST SE 1602 16TH St SE ROANOKE, VA 24014 \ ol!~. II.. ~.'.~'J..."~. "(ro' . "" , . ~ .': . w.; ''k~' ~~ -. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone. (540) 853-2541 FaX' (540) 853,1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 23, 2007 Darlene L, Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Ordinance No, 37879-082007 authorizing the City Manager to execute the necessary documents providing for the conveyance of Official Tax Map No.1 030508, located at 1301 Third Street, S, W" to Intercept Youth Services, Inc., to be used for providing comprehensive health, mental and substance abuse services to youth ages 12 through 19. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage, Sincerely, A~rn, ~~ Stephanie M, Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R, Brian Townsend, Assistant City Manager for Community Development Brian BrOwn, Economic Development Administrator o~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August,2007. No. 37879-082007. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of Official Tax Map No, 1030508, located at 1301 Third Street, S.W" to Intercept Youth Services, Inc., to be used for providing comprehensive health, mental and substance abuse services to youth ages twelve through nineteen; and dispensing with the second reading of this ordinance, WHEREAS~ a public hearing was held on August 20,2007, pursuant to 9915,2-1800(B) and 15,2-1813, Code of Virginia (1950) as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance, BE IT ORDAINED by the Council of the City of Roanoke that: I, The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance to Intercept Youth Services, Inc" by Special Warranty deed, an 11,251 sq, ft, parcel of City-owned property, being Official Tax No, 1030508, located at 1301 Third Street, S,W" for the consideration of $295,000, upon the terms and conditions set forth in the City Manager's letter to this Council dated August 20, 2007, 2, All documents necessary for this conveyance shall be in form approved by the City Attorney, 3, Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, , ~T~.... '. ~~hJ. 'rY\b~ City Clerk. ' '-" O-Third Street conveyance-8-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853,1138 City Web: www.roanokeva.gov August 20, 2007 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: Sale of City-Owned Property Background: Intercept Youth Services, Inc., located at 5511 Staples Mill Road, Suite 102 in Richmond, Virginia, has offered to purchase a City owned parcel (tax map number 1030508), the former location of Youth Haven, located at 1301 Third Street, S.w, at the appraised price of $295,000, The prospective purchaser, Intercept Youth Services, Inc., an agency licensed by the Virginia Department of Health, Mental Retardation, and Substance Abuse Services, provides comprehensive treatment programs for youth ages 12 - 19, A public hearing is required prior to the City Council authorizing the sale of this City-owned property, Recommended Action: Absent comments at the public hearing requiring further consideration, authorize the City Manager to execute a contract for the sale of the property to the prospective purchaser for the aforementioned sale price, upon form approved by the City Attorney. Authorize the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matter, including execution of a deed of sale, and to complete the sale of the property to Honorable Mayor and Members of City Council August 20, 2007 Page 2 Intercept Youth Services, Inc. All such documents are to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bu City Manager DLB:rbt c: Stephanie M. Moon, City Clerk William M, Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian Brown, Economic Development Administrator CM07-00122 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - ~ - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG, ROANOKE VA 24011 ,- REFERENCE, 32143302 10432808 Intercept Youth Serv NOTICE OF PUBLIC HEARING PUBLISHED ON, 08/10 \\~~~~;',H'"" , . ,,\ "~,"il E IV: . ", , .~"" '.. '<.1.0'''' ..... "',v ,., ~-\~:r'" , ..' ,..... ~... ;O""v....NOTf~n/... ~ '.;,' :: ~:' PUBLIC "'~ ~ ; * :' REG. #332963 ~ * ~ : ,MY COMMISSION: = :c> "1/. X~ES .. 't";: ....0. .~... ':0,1(...', 3,." ....c;.,:: ',~A'" ,'" , 'i'''4'i:{:::''',. '':'''-'',' "if/lEA'Tu..()~' ',-- ..1'" L II . \\. "" I; I ,,\ \ ~ I The City of Roanoke I proposes to convey certain ',City owned property designated as Tax Map No. 1030508, located at 1301 Third Street, S.W., to Intercept Youth Services. Inc. Pursuant Ii:> the req u I re me n-fs of 9915.2-1800(8) and 1813, Code of Virginia (1950), as lamended. notice Is hereby I given that the City Council of the City of Roanoke wJII hold a public hearing on the above matter at its regular lmaeting tobe held on I'Monday, August 20, 2007, commencing al 7:00 p.m., in ,the Council Chambers. 4th ,Floor, Noel C. Taylor ! Municipal Building, 215 tChurch 'Avenue, S.W., Roanoke,.Virglnia, 24011. IFurther informallon Is lavailablelrom the Office of the City Clerk for the City of , Roa~;ke at (540) B53-2541. II Cilizenslshall have the! , opportunity';"to, be heard and II , express their opinions on saidmatler:~ II you are~'a~person with a disability who needs ! accommodations for this i hearing. pi ease contact the I City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday. August' 16,2007.. : I GIVEN under my hand this' I 81h day of August, 2007. I : Stephanie M. Moon'l ~~C, City Clerk.. (10432808)' " State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___LJtltday of August 2007, Witness my hand and ;?;10~~~~ __~. ~___ Notary Public ~~~~ssio~-~fpi~~_~_3~_~t_____, ~ TOTAL COST, FILED ON, 161.15 08/10/07 -------------------------------~------------------+---------~~------------- Authorized V-f ' '>rI- mr ~ I "d~A ^ Slgnature,__ -~Jff--~_~~E~ ("'", Billing Services ~epresentative ~ "'" ~ S n,) o 9i1 ~ ~~ ,/ D~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey certain City owned property designated as Tax Map No, 1030508, located at 1301 Third Street, S,W" to Intercept Youth Services, Inc. Pursuant to the requirements of 9915,2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2007, commencing at 7:00 p.rn" in the Council Chambers, 4th Floor, Noel C, Taylor Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 16, 2007. GIVEN under my hand this 8t:h day of Au~st: ,2007. Stephanie M. Moon, CMC, City Clerk, '- N.lntercept Youth Services, Inc. - 1301 Third Street, S.W. - 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 10, 2007, Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011 (540) 853-2541 <P~ _..~."-~~ .~" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 85J,2541 Fax: (540) 85J,I145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R 1YREE Assistant Deputy City Clerk August 23, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Ordinance No, 37880-082007 authorizing the City Manager to enter into a Lease Agreement between the City of Roanoke and Blue Ridge Zoological Society of Virginia, Inc., for the lease of City-owned property designated as Official Tax No. 4050306, for an initial term of two years, subject to three additional one-year renewal terms, in connection with the operation of Mill Mountain Zoo. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, ~~::~~ City Clerk SMM:ew Attachment pc: Jesse A, Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M, Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation ()L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37880-082007. AN ORDINANCE authorizing the City Manager to enter into a Lease Agreement between the City of Roanoke and Blue Ridge Zoological Society of Virginia, Inc" for the lease of City-owned property designated as Tax Map No, 4050306 for an initial term of two years subject to three additional one-year renewal terms, in connection with the operation of Mill Mountain Zoo; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 20,2007, pursuant to 9915,2- 1800(B) and 15,2-1813, Code of Virginia (1950) as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance, BE IT ORDAINED by the Council of the City of Roanoke that: 1, The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a Lease Agreement with Blue Ridge Zoological Society of Virginia, Inc" for the lease of City- owned property designated as Tax Map No, 4050306, for an initial term of two years subject to three additional one-year renewal terms in connection with the operation of Mill Mountain Zoo, such Lease Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated August 20, 2007, to this Council. 2, Pursuant to the provisions of Section 12 of the City Char:ter, the second reading of this ordinance by title is hereby dispensed with, eI.ESj: r ,"-_ h~fn,~ City Clerk. O-Blue Ridge Zoological Society of Virginia, Inc. - Mill Mountain Zoo Lease & Agreement ~-20-07 oP~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853,2541 Fax: (540) 853,1 t45 E-mail: c1erk@roanokeva.gov SHEtLA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELtA R. 1YREE Assistant Deputy City Clerk August 23, 2007 Darlene L. Burcham City Manager' Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Ordinance No, 37881-082007 authorizing the City Manager to enter into an Agreement among the City of Roanoke, Roanoke Jaycees, Inc., and Blue Ridge Zoological Society of Virginia, Inc., pertaining to the operation of the Mill Mountain Zoo Choo Train, The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, ~~,~~ Stephanie M. Moon, CMC . City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation f)Jc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2007. No. 37881-082007. AN ORDINANCE authorizing the City Manager to enter into an Agreement among the City of Roanoke, Roanoke Jaycees, Inc" and Blue Ridge Zoological Society of Virginia, Inc" pertaining to the operation of the Mill Mountain Zoo Choo Train; and dispensing with the second reading of this ordinance by title, BE IT ORDAINED by the Council of the City of Roanoke that: 1, The City Manager and the City Clerk are authorized to execute and attest, ., respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an -- Agreement with Roanoke Jaycees, Inc" and Blue Ridge Zoological Society of Virginia, Inc" pertaining to the operation of the Mill Mountain Zoo Choo Train, such Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated August 20, 2007, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~.~~ City Clerk, Q-Zoo Chao Agreement 8-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S,W" Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853,1138 City Web: www.roanokeva.gov August 20, 2007 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: Mill Mountain Zoo Lease and Zoo Choo Agreement Background: The Blue Ridge Zoological Society of Virginia, Inc., (BRZSV) (formerly Mill Mountain Zoo, Inc.) was created in 1976 by the Roanoke jaycees, Inc., to take over the operation of the Zoo. The original lease of the property for zoo purposes to Mill Mountain Zoo, Inc., was authorized on September 7, 1976. It should be noted that The Roanoke jaycees, Inc. involvement with the BRZSV includes the present ownership of the miniature "Zoo Choo" train and tracks which is attached as an Exhibit of the Mill Mountain Zoo Lease. The current five-year lease with BRZSV expired December 31, 2006. Both parties, the BRZSV and the City, have been negotiating a new lease since that time, The proposed lease is very similar to the previous five-year lease between the City and the BRZSV, Unlike the older lease, however, the new lease provides for the following provisions: (1) an initial term of two (2) years automatically renewable for three additional one (1) year terms as requested by the Zoo, provided that either party may terminate with or without cause at anytime during either the initial or renewal term, (2) yearly operating contributions of $33,120 from the City, which is an increase of $4,620 from the previous lease, balance to be transferred from the City Manager's contingency account, (3) an increase in the number of tree maintenance and removal Honorable Mayor and Members of City Council August 20, 2007 Page 2 hours provided at no charge by the City from 35 to 60 hours, and (4) a clause which will allow the BRZ5V to retain ownership of the existing train tracks when the Zoo Choo Agreement expires at the end of October 2007 (of which the Roanoke Jaycees presently own.) The Jaycees have agreed to allow the BRZ5V to become the owners of the existing train tracks located at the Zoo upon receiving a new track which BRZSV will purchase in September or October 2007. The Roanoke Jaycees will remove their train presently in operation at the Zoo after October 31, 2007, The BRZSV plans to purchase a new train to replace the Roanoke Jaycees'train. The BRZSV and the Roanoke Jaycees are also requesting the City to execute a new three-party operating agreement among the parties, which agreement is referenced in the lease, and governs payment to the Jaycees by the Zoo for its use of the miniature "Zoo Choo" train and the Zoo's maintenance responsibilities, The term of this agreement is to be from March 1, 2007 through October 31, 2007. Recommended Action: Following a public hearing, authorize the City Manager to execute the Zoo Choo Agreement with an effective date of March 1, 2007, and authorize the City Manager to execute the Mill Mountain Zoo lease with the BRZSV with an effective date of January 1,2007. Respectfully submitted, Darlene L. B cham City Manager DLB:vg c: Stephanie M, Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R, Brian Townsend, Asst, City Manager for Community Development Steve Buschor, Director of Parks and Recreation CM07-0013 J THIS LEASE AND AGREEMENT (hereinafter referred to as "Agreement"), made and entered into this the ISI day of January 2007, by and between the CITY OF ROANOKE, hereinafter refcrred to as the "City", and BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC., hereinafter referred to as the "Lessee": W II N ~~~~I H: WHEREAS, the City is the owner of certain land located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," which heretofore was donated to the City for use and development as a recreational area for thc general public; and WHEREAS, situate on the aforementioned land is a facility commonly known as "Mill Mountain Zoo;" and WHEREAS, Blue Ridge Zoological Society of Virginia, Inc" a non-profit organization, having offered to enter into an agreement with the City providing for its lease of the area in which the Mill Mountain Zoo is located and providing for the corporation's continued operation of the Mill Mountain Zoo, the City considers that such proposal would further the purposes for which the land is held by it. NOW, THEREFORE, the parties hereto enter into the following agreement concerning the operation, maintenance and leasing of the aforesaid Mill Mountain Zoo facility: 1, Leased Premises: (a) This Agreement shall govern that certain parcel of land on the top of Mill Mountain described in, and attached to this Agreement as, Exhibit A, the description in such Exhibit A being incorporated b/r6l'erence herein, and that certain facility thereon identified as Mill Mountain Zoo, such land, improvements being referred to as the Premises, The Premises shall not include the miniature Zoo Choo train, its facilities, tracks and equipment, the operation K:\SJ1\Agrccments\Blue Ridge Zoological Society of Virginia, Inc. 8-17-07.doc- I of which shall be governed by an agreement among the City, Blue Ridge Zoological Society of Virginia, Inc" and the Roanoke Jaycees, Inc" ("Roanoke Jaycees") a copy of which is attached hereto as Exhibit B, or any amendment thereof, and incorporated herein, In addition, the Premises shall not include all equipment, machinery and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not permanently attached to the real property of the City, Title to the Premises, and any of the articles of the property owned by the City on the first (1st) day of this Agreement, shall remain in the City, Furthermore, the Lessee will have reasonable and necessary rights of access to the Premises over adjacent property of the City. (b) The parties acknowledge and agree that as of the date of this Agreement, the Roanoke Jaycees own the Zoo Choo train, its facilities, tracks and equipment. On October 31, 2007, or at such time thereafter as may be agreed to by the Lessee and the Roanoke Jaycees, ownership of the Zoo Choo facilities, tracks and equipment, but not the Zoo Choo train, will transfer to the Lessee, Before the termination of this Agreement, Lessee shall provide written documentation signed on behalf of the Roanoke Jaycees that title to the Zoo Choo train's facilities. tracks and equipment, has been transferred to the Zoo, such documentation to be in form acceptable to the City Manager for the City. Upon such transfer, Lessee shall be completely rcsponsible for the continued operation and maintenance of the Zoo Choo train, its facilities, tracks and equipment, and Lessee acknowledges that the City shall not have duties to Lessec regarding the maintenance and operation of the Zoo Choo, its facilities, tracks and equipment. (c) Upon termination of this Agreement, and cessation of operation of a zoo on the Premises, the Lessee shall deliver to the City the Premises in the same condition as the Premises, or any additions thereto, were originally received, less normal wear and tear. In K:\SJ1\Agrcemenls\Blue Ridge Zoological Society of Virginia, Inc. g-17-07.doc- 2 addition, Lessee shall be responsible for the removal of the Zoo Choo train, its facilities, tracks and equipment, within one hundred eighty (180) days of termination of this Agreement. 2. Consideration and Term: For and in consideration of the Lessee operating and maintaining a zoo for animals for the benefit of the genera public ("Mill Mountain Zoo") and other good and valuable consideration, the sufficiency of which is acknowledged, the City does hereby lease the Premises to the Lessee for the sum of Ten Dollars and No Cents ($10,00) per year. The first of such payments shall be due within thirty (30) days after both parties have executed this Agreement, and each payment thereafter shall be due before January I st of each year this Agreement is in force, The first term shall commence on the 1st day of January, 2007, and end on the 31st day of December 2009, subject to the termination rights of the City and the Lessee as set forth below, The Agreement shall automatically be renewed for three (3) additional one (1) year terms, commencing on the I st day of January, and ending on the next 31 Sl day of December. 3, Termination: This Agreement may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party, 4, Services Provided bv City and others: The Lessee shall pay for all utilities, including water, sewer, septic, telephone, cable, gas, electricity and solid waste removal, consumed, used or needed, by the Lessee, The City shall forward to Lessee a check in the amount of Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120,00), within thirty (30) days after execution of this Agreement, and within thirty (30) days of the first (1st) day of January each term this Agreement is in force thereafter, for such services, In the event Lessee spends more than $33,120,00 for such services, Lessee remains liable for such expenses, In the event the Lessee connects to the sanitary sewer system operated and maintained K:\SJ1\Agrcements\Bluc Ridge Zoological Society of Virginia, Inc. R-[ 7-07.doc- 3 by the Western Virginia Water Authority, the cost of such connection, operation and maintenance shall be paid by Lessee. The City shall not be obligated hereunder to make any capital improvement or expenditure of any kind on the leased Premises, and the City shall be under no duty to repair or replace the Premises, or any part or portion thereof, during the term of this Agreement. The City shall provide a maximum of sixty (60) hours tree maintenance and removal services per calendar year. The Lessee will be responsible for such services beyond sixty (60) hours. The Lessee shall not remove any tree, or maintain any tree, on the Premises, until such removal or maintenance has been reviewed and approved in writing by the City's Urban Forester. In the event Lessee spends more than Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120,00) for such services, Lessee remains liable for such expenses, 5, Insurance: The Lessee shall maintain in force and effect throughout the term of this Agreement commercial general liability insurance with limits of not less than One Million Dollars and No Cents ($1,000,000,00) combined single limit per occurrence including death or personal injury and property damage, with the City and its officials, agents, employees and volunteers to be named as additional insureds with an endorsement from the insurer. A certificate of insurance, evidencing all insurance and coverages required by this Agreement, shall be attached as Exhibit C to this Agreement, and a current certificate of such insurance shall be maintained on file in the Office of the City Clerk of the City of Roanoke, Virginia, for each period of coverage upon the renewal of any such insurance, Lessee shall obtain and maintain during the term of this Agreement: a, workers' compensation insurance coverage with limits in the statutorily required amounts; and K:\SJ1\Agreemcnts\Blue Ridge Zoological Society of Virginia. Inc. 8-17-07.doc- 4 b, employers' liability insurance coverage with minimum limits as follows: 1. $100,000 bodily injury by accident each occurrence, Il, $500,000 bodily injury by disease (policy limit), and Ill. $100,000 bodily injury by disease (each ernployee), With respect to workers' compensation coverage, the Lessee's insurance company shall waive rights of subrogation against the City, its officers, employees, agents and volunteers, 6, Indemnification and Hold Harmless: The Lessee agrees to indcmnify and hold harmless the City, its officers, agents, volunteers, and employees, from any and all claims, legal actions and judgments and for expenses, including attorney fees, incurred in this regard, arising out of the Lessee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the City to the Lessee in this Agreement. 7, Compliance with Law: The Lessee agrees to design, construct, operate and maintain the Premises and the Mill Mountain Zoo in compliance with all applicable laws, regulations and ordinances, and the Lessee agrees to employ and provide sufficient personnel for the proper operation of the Mill Mountain Zoo, The Lessee shall operate and maintain the Mill Mountain Zoo in a manner which meets the requirements of the American Zoo and Aquarium Association ("AZA"), and the Lessee shall receive, and have effective, unconditional and full accrcditation from the AZA during the entire term of this Agreement. A copy of any certificate or letter granting such accreditation, setting forth the term of accreditation, or any renewal of such accreditation, shall be forwarded to the Director of Parks and Recreation for the City of Roanoke within ten (10) business days after receipt of the same by Lessee, A copy of such letter or certificate in effect on the date of this Agreement shall be attached as Exhibit D to this Agrcement. The rental rate of $10.00 per year is contingent upon the Lessee obtaining K:\SJ1\Agreemenls\Bllle Ridge Zoological Society of Virginia, Inc. 8-17-07.doc- 5 accreditation, If such accreditation is not granted, renewed, or otherwise in effect, for any reason, the rcntal rate will be five thousand ten dollars and no cents ($5,010,00) per year, payable on April 1 st of the next calendar year this Agreement is in effect between the parties. If accreditation guidelines change before this Agreement expires or is terminated, making it difficult for the Lessee to maintain AZA accreditation, the yearly rental rate may be amended by mutual agreement of the parties in accordance with the terms of this Agreement. 8, Ownership of Animals: The animals on hand at the commencement of this Agreement shall be the property of the Lessee and may be disposed of or sold by the Lessee so long as the Premises are subject to this Agreement. Animals born to or sired after the commencement of this Agreement, and all breeding interest therein or rights thereto shall be the property of the Lessee when the animals are born, sired or otherwise acquired. All animals purchased by the Lessee shall remain the property of the Lessee and may be sold or otherwise disposed of by said Lessee, The Lessee shall provide adequate care and housing for all animals upon and after the commencement of this Agreement. 9, Altering Premises bv Lessee: The City agrees that the Lessee shall have the right to alter or remove existing and future improvements or facilities on the Premises, subject in all cases, to the written approval of the City Manager of the City of Roanoke first obtained, and upon the condition that the City determines that any such activity is not detrimental to the City's overall development of Mill Mountain as a recreational area and subject further to the Lessee providing, prior to any construction or similar activity, such liability insurance and labor and material payment bonding as may be required by the City, The Lessee recognizes and agrees that there shall be no expansion of the boundaries of the Mill Mountain Zoo without prior approval of Roanoke City Council. K:\SJ1\Agreemcnts\Blue Ridge Zoological Society of Virginia, Inc. 8-17-07.doc- 6 10, Additions to Premises: All improvements constructed subsequent to the date of this Agreement by the Lessee and permanently attached to the Premises with the exception of such improvements related to the Zoo Choo train, its tracks, equipment and facilities, shall become the property of the City at the termination of this Agreement. All equipment, machinery and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not permanently attached to the real property of the City shall remain the property of the Lessee. 11. Concession: Subject to Exhibit B, the Lessee shall have the exclusive control of and right to all concession sales and revenue therefrom on the Premises during the term of this Agreement. 12, Operation of Mill Mountain Zoo: All matters of management, operation and policy for the Mill Mountain Zoo, including admissions charges, hours of operation and the like shall be in the discretion of the Lessee, subject to the rights of the City set out in Section No, 1 of this Agreement and Exhibit B referred to therein, but the Lessee agrees to comply with all applicable federal, state and local ordinances, rules and regulations relative to the use of Mill Mountain and applicable to the Premises, Any applicable admissions taxes imposed, generally, by the City, the Commonwealth of Virginia or other governmental agencies having jurisdiction, shall be collected, reportcd, and accounted for, by the Lessee, and paid to the City, as provided by general ordinance or law, 13, Compliance With Environmental Protection Laws: (a) The Lessee covenants and agrees to design, construct, maintain and operate the Premises and the Mill Mountain Zoo strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous K:\SJ1\Agrcements\Bluc Ridge Zoological Society of Virginia. Inc. 8-17-07.doc- 7 Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.S,c. 99601), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, applicable water and sewer regulations, and erosion and sedimentation control (collectively, "Environmental Law"), The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Mill Mountain Zoo, (b) The Lessee covenants that it shall indemnify, defend and hold the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from all response costs, damages, expenses, claims, fines and penalties, including attorney fees, incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders as the result of any violation by Lessee, or any predecessor in interest to or any person acting with permission of Lessee of any Environmental Law or as the result of any necessary repair, cleanup, closure or detoxification of the property upon which the Mill Mountain Zoo is located or upon land in the vicinity of the Mill Mountain Zoo if due to conditions caused by the Lessee, predecessor in intcrest to or any person acting with permission of Lessee, or as a result of a misrepresentation made by the City based upon information supplied by the Lessee to the City, These provisions in this section shall survive the termination of this Agreement. (c) The Lessee shall immediately notify and advise the City of (i) any and all enforcement, cleanup, removal, investigation or other governmental or regulatory actions instituted or threatened against the Lessee with respect to any Environmental Law applicable to K:\SJ1\Agrecments\Bluc Ridge Zoological Society of Virginia, Inc. 8-17-07.doc- 8 the Zoo, and (ii) any and all claims made or threatened by any third person against the City, or the Lessee relating to any Environmental Law applicable to the City or the Lessee, or the Mill Mountain Zoo or to injury to any person or property because of a Hazardous Substance on or from the Mill Mountain Zoo. (d) The Lessee hereby grants and gives to the City, its agents and employees the right and license to enter the Mill Mountain Zoo, without notice, at any reasonable time to inspect the Mill Mountain Zoo or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Mill Mountain Zoo to satisfy the City that the Mill Mountain Zoo is free from environmental contaminations and hazards, The City may employ engineers to conduct such investigations on the City's behalf, and the Lessee shall give to such engineers the same rights and licenses as the City may have pursuant to this Section, The Lessee shall from time to time and upon the request of the City, give to the City or to whomever the City may designate such assurances as may be necessary to show that the Mill Mountain Zoo is in compliance with any and all Environmental Law, The City shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the City's exercise of its rights under this Section, (e) At the commencement date of this Agreement, and on January I of each year thereafter (all such dates being hereinafter called "Disclosure Dates"), including January I of the year after the termination of this Agreement, the Lessee shall disclose in writing to the City Manager and the Environmental Specialist for the City of Roanoke, 215 Church Avenue, S.W" Room 364, Roanoke, Virginia 24011, the names and amounts of all Hazardous Substances, which were stored, used or disposed of at the Mill Mountain Zoo, or which the Lessee intends to store, use or dispose of at the Mill Mountain Zoo, for the year prior to and after each Disclosure K:\SJ1\Agrccmcnts\Bluc Ridge Zoological Society of Virginia, Inc. 8-17-07 .doc- 9 Date, The City, in its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Law, 14, Removal of Structures and Animals: (a) At the expiration or termination of the Agreement, it if becomes necessary to remove structures on the premises, or to dispose of, or transfer animals, Lessee agrees to remove such structures, or dispose of, or transfer such animals at its own expense within a reasonable time after notice from the City, All demolition and related work, and all disposition or transfer of animals, shall be done diligently and in conformity with all legal and safety requirements, in a good and workmanlike manner, and in accordance with any reasonable standards required by the City, (b) In the event that the Agreement is terminated by either party at any time, or In the event that the Agreement lapses by its own terms, the Lessee will take on the responsibility of properly closing the Zoo and maintaining, relocating or selling in a proper manner the collection of animals acquired or maintained by the Lessee at the time of termination or lapse, Such relocation or sale of animals shall take place in accordance with the guidelines and regulations promulgated by the AZA and the United States Department of Agriculture in effect at the time of such termination or lapse, 15, Assignment of Lease: The Lessee shall have no right to assign or sublet the Premises, or any portion thereof, to any other party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, If such consent is given, however, K:\SJnAgrcemems\Blue Ridge Zoological Society of Virginia, Inc. 8-17-07.doc- 10 it is with the understanding that notwithstanding the sublease or assignment, the Lessee shall, nevertheless remain liable to the City pursuant to the provisions in this Agreement. The Lessee shall deliver a fully-executed copy of any permitted assignment or sublease to the City immediately upon its execution, In the event the City consents to an assignment or sublease, such consent shall not approve future subleases or assignments of all or any portion of the Premises, which right is specifically reserved, 16, Non-Discrimination: During the performance of this Agreement, the Lessee agrees as follows: (a) The Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary for the normal operation of the Lessee, The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, (b) The Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, will state that such Lessee is an equal opportunity employer. (c) Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section, (d) The Lessee will include the provisions of the foregoing subsections 16 (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($] 0,000,00) so that the provisions will be binding upon each contractor or vendor. 17. The Lessee will: (i) provide a drug-free workplace for the Lessee's employees; K:\SJ1\Agrccmcnts\Bluc Ridge Zoological Society ofYirginia, Inc. 8-17-07.doc- 11 (ii) post in conspIcuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Lessee that the Lessee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this Agreement. 18, Negotiation: This Agreement has been fully negotiated by and between the parties and shall be construed as if both parties had an equal responsibility in the drafting hereof. 19. Entire Agreement: This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by both parties. 20, Successors: Except as otherwise specifically provided herein, the terms and provISIons of this Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties, 21. No Waiver: No failure of any party to insist upon strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance, 22, Notice: Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be K:\SJ1\Agrccmcnts\Blue Ridge Zoological Society of Virginia, Inc. 8-17-07 .doc- 12 deemed to have been given when mailed by United States Registered Mail, postage prepaid, to the other party at the address stated below, To the City: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S, W, Roanoke, VA 24011 To the Lessee: Blue Ridge Zoological Society of Virginia, Inc. clo Mill Mountain Zoo p, 0, Box 13484 Roanoke, V A 24034 IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first above written: ATTEST: CITY OF ROANOKE By Stephanie M, Moon, City Clerk Darlene L. Burcham City Manager ATTEST: BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC. By By Secretary Pres ident Approved as to Form: Approved as to Execution Assistant City Attorney Assistant City Attorney K:\SJ1\Agreemcnts\Blue Ridge Zoological Society of Virginia, Inc, 8-17-07.doc- 13 I '. ." ~ , 1 'l'i " 0 0 " " , ~ , Q , 0 " . . ., l ~ :r :si ..... \ ~ 8 ..., lJi:, ~ . . ~'5 ]-q -<f \"" ." \~ - o 'Z \ \ ~ . . <::)<:;) .N~ .... ~:Q. ;.." .... 0). ~.O> ClO....<:ll~~ClO ~ ,,~ h c=!d "< ~ 11.2 i:i .!! 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"~"'..' / / / / / / / r ~ .-~ , i i ! ~ o 3 .OO.ro,9L S - . tr~?, .. '" i I ("> B <0 (j -- '1iI"';:::,o.. ~ Q~~~ ~ (j ~~ r:r.:IrJJ ~:~~ ~ 1 '"S "" (!::~ c:, ",-" ~ ~ ~ (j II; l.J D '. Q: (3 V) ~~ ~ ~ ~&c15~ ,o:i ~I n... ~ <.l!! ~. . w, ~ ... . !l:: I=l m '" "'OiO iQ..: ~ ......!<.o~:s U r.1 ,g~i.;:~ I ~ ~ ~ i:!:~ 3; 0 2: g , >51 r;;:>..,!!::>" ~~~ I ~ I- D.~ ~ <l:l~ ~~...RI ~ s: Z , N l' ~I ~ ~ 0 ~~ ~~ ~.( ~ ~~h~ :sll ~ ~ ~:B<=; ~Wp" ~ ~ ~::SZ~ I e :::i!l::~!::)c~!<.o ~~ U fot !: Ioloi!i~~ I w~c:s ~'" E~ ~~ 1-1 ~,~lllL~ I V) Ct: ~ ~Q:f1 = fl! ~~>~_ I ~ I. !:aJ ~~ ;:;lis' ~"~G.~~~ 1 ~ Cs '-J "'~ :!i~ ...:l i ~ ~ .. I ~ ~ ~~ Is<=; ...:l w ~ 0 I I ).... Q:: ~(ij ~ ~ ~ = e-- I..~.... .... III \C,j ~ ~ c:l~ I::! ~ ik I :s ~g ~ ~ ....\ \ 0.. ~~~iIl ,< i-- \~ ~ ""'d ~~ U ~ ~ \ \ ~ a; Vl\ e;:::: l ~ \ \ ~ \ e;\ \ ~ \ ~ \ ~ \ \ ~ \ ~ ~\~ i-.. ~ \ 5E \ 0;:. 1Y'> ~ tii \ \ - \g I/) I I ~I I ~ 1 . ~I I ~ IY! I \5 (!:: <( b! !l::'5 ~.... ~~ GA;: ~d~ ~l5 ~o ~~ i::: !Q~ tl:x: ~ ~ .... ~ ~ t:> ~ ~ 14J -- BT41'130 W __ N , ___. 135.Jl ~ . , <:> ~S> ~ "'1... , .,~ In..., ~... _..of......O) n-.. 0) ,... _ ~~ ~ <0 '''i '" ""'; 0:;"'<<0111/)'" ~~ IJ ~ - .-;- c:: _. II II "'..!'<~' 0:: -..II..... -......J(; ei ~ ;a: (',.,~t.ii~ _' ~ ~ L.~ 1l: 7-.~ -' ~- j"l: 1-.... ~;.~.. ~~ .. r,I(').;:'11(', I..:::::~r~ 0011)", <:5 h') I.f) K"Trr. ""t:!":$~ ~ fI t^~ ,- ::::t'\j ~.~ ~ Q3C) '- "'''' ~ "'~I()' """u- d~ctic- l..;'" i:;~ ~ Q; (j "" '" - ""'''"5' .S!.. ~ ::J ~ '"G. q; , ~ 5 Q)- t:j~..c:{} o~~~ t-- .C'l V) -..9 \\ "2 "C' ~ AGREEMENT This Agreement is made and entered into as of the 1" day of March, 2007, by and between ROANOKE JAYCEES, INC., a Virginia non-stock, not-for-profit corporation with its principal place of business in the City of Roanoke, Virginia ("Jaycees"); BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC., a Virginia non-stock, not-for-profit corporation ("Zoo"); and the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ("Roanoke"), WIT N E SSE T H: THAT WHEREAS, Zoo, among other activities, operates the Mill Mountain Zoo on land leased to it by Roanoke; and WHEREAS, Jaycees are the owner of a miniature train, together with related tract, ties, and other fixtures and personal property (collectively "Train"), that Jaycees have since 1952, with the permission of Zoo and Roanoke, operated on part of the land leased to Zoo by Roanoke; and WHEREAS, the parties agree that the Train is a significant attraction at the Mill Mountain Zoo, and that the continued operation of the Train in coordination with the operation of the Mill Mountain Zoo would be of mutua 1 benefit to Jaycees, Zoo and Roanoke; and WHEREAS, the parties wish to enter into this Agreement to facilitate the continued operation of the Train, NOW, THEREFORE, IN CONSIDERATION of the premises, and in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties do hereby agree as follows: Exhibit B 1/-\<:: Ii\Aorooo...n...nU\'l,,^ rhnn An,.,.,..,...."l 7.1 ,)Jl7.lk~l: 1. Ownership of the Train, Jaycees shall retain ownership of the Train. Zoo shall not, by virtue ofthis Agreement, acquire any ownership or other interest in the Train, beyond the license granted herein, 2. License, Jaycees grant to Zoo, during the initial term of this Agreement and all subsequent terms, an exclusive license for the operation of the Train under the terms and conditions set out in this Agreement. 3, Operation of the Train, Zoo shall, during the initial telm of this Agreement and all subsequent terms, exercise its best efforts to operate the Train in compliance with all applicable federal, state and local laws and regulations, and to othelwise operate the train with reasonable care, as provided in this Agreement. 4, "Zoo Choo Committee". Zoo shall establish an ad hoc committee, which shall be known as the "Zoo Choo Committee," 4.1 Designation. The Zoo Chao Committee shall consist of (i) a designee of Zoo; (ii) a designee of Jaycees; and (iii) a designee of the National Railway Historical Society, 4.2 Membership on Zoo Board, The members of the Zoo Chao Committee may (but need not) be voting members of the Board of Directors of Zoo, 4.3 Responsibilities, The Zoo Choo Committee shall recommend to the Board of Directors of Zoo (i) policies and procedures for the operation of the Train and (ii) expenditures in excess of $250,00 which may be necessary or advisable for the operation of the train, 5, Payments and Expenses, Zoo shall collect the revenues generated by the operation of the Train, and shall deposit such revenues in its discretion to one or more bank accounts, which may (but need not) earn interest. I{ :\~JnAoC'el!m~llt~\7on Chnn 4.cm>~m"l1t 7.1 '..fl7.t1i'\e 5.1 Reserve Fund, Zoo agrees to return to Jaycees the amount of Four Thousand Eighteen Dollars and Sixty-Five Cents ($4,018,65) which is currently held in Zoo's Zoo Chao account. This amount shall be returned no later than June 30, 2007. 5,2 Expenses, Zoo agrees to arrange for and pay the daily cost of operation of Train, including but not limited to staff, fuel and cleaning. Jaycees will be notified of all repairs to the Train, Any repairs needed by Train which exceed $250,00 will be split 50150 by Jaycees and Zoo, Zoo will notify Jaycees of repairs needed and a copy of the invoice for repairs will be sent to Jaycees, Jaycees will pay the vendor making the repairs directly upon receipt of invoice, 5.3 Pavment Schedule. Zoo will make lease payments to Jaycees of Two Thousand Dollars ($2,000,00) per month in the months of May, June, July, August and September to arrive at a total lease payment of Ten Thousand Dollars ($10,000.00) to the Jaycees, These lease payments shall be made regardless of the number ofriders/attendees at Zoo and Zoo Chao each month. Zoo shall disburse all payments due hereunder not later than the 30th day of the month. Any payment made after the 30lh day of the month in which the payment is due will have a late charge offive percent (5%), Should Zoo not make payment within 15 days of the due date, all operations of Train shall cease until payment is made elUTent, 6. Access to Premises, Zoo agrees that Jaycees shall be pennitted reasonable access to the premises on which the Train is located and operated, for the purpose of performing Jaycees' obligations hereunder, 7, Tenn, The tenn ofthis Agreement shall be from March 1, 2007, through October 31,2007, 8, Tennination Without Cause. Any party may terminate this Agreement, with or without cause, upon at least sixty (60) days' written notice given to the other parties, The effective date oftelmination shall be the 61st day following the date of such notice is effectively K .\~ ,n^('Ir"'l'm...nl~\7r'n rh"n. AarM>mpnt 7.1 '.010...... gIven, The obligation of Zoo to make payments as provided hereunder shall not be affected by the termination or nonrenewal of this Agreement. 9, Tennination For Cause, Upon a default by Zoo or Jaycees in the perfoffilance of any of its obligations under this Agreement, the non-defaulting party may giye notice of such default as provided herein, The defaulting party shall (i) cure any monetary default within 10 days of such notice, or (ii) commence curative efforts of any non-monetary default within 10 days of such notice, and thereafter diligently prosecute such curative efforts to completion, Upon the failure of the defaulting party to comply with tllese requirements, the non-defaulting patty may terminate this Agreement, without additional notice. 10. Insurance, 10,1 Public Liabilitv Insurance. Zoo shall obtain and maintain in force and effect throughout the initial te1m of this Agreement and all subsequent terms, one or more policies of public liability insurance with limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence, including death, personal injury and/or properly damage, Jaycees and Jaycees' officers and directors, and Roanoke and Roanoke's officials, agents and employees shall be named and/or endorsed as additional insureds on such policy(ies). Zoo shall provide Jaycees and Roanoke with a certificate of such insurance, 10,2 Hazard and Property Damage Insurance: Train, Jaycees shall obtain and maintain in force and effect throughout the initial term of this Agreement and all subseqtlent terms, one or more policies of hazard and property damage insurance on the Train. 10,3 Hazard and Property Damage Insurance: Other. Zoo shall obtain and maintain in force and effect throughout the initial term of this Agreement and all subsequent terms, one or more policies of hazard and property damage insurance on the Station House and Boarding Area, K:\SJ1\A"nw~nt,,\7m\ f"hoo Al'rrl'nll'nl 1.1 ',.07.nnr: , 10.4 Other Insurance, Zoo shall obtain and maintain in force and effect throughout the initial tenn of this Agreement and all subsequent tenns, any required workers' compensation insurance on persons utilized by Zoo to operate and maintain the Train. Zoo may obtain and maintain in force and effect throughout the initial telm of this Agreement, and all subsequent tenns, any other policy or policies of insurance recommended by the Zoo Choo Committee, or deemed by its Board of Directors to be necessary or advisable. 1 L Indemnity, 11.1 Bv Zoo, Zoo shall indemnify and hold hannless Jaycees and Jaycees' officers, directors, and members and Roanoke and Roanoke's officials, agents and employees from any and all claims, legal actions and judgments advanced against them and from all expenses (including attorney's fees and other costs of litigation) incurred by them, resulting from Zoo's intentional or negligent acts or omissions, 11.2 Bv Javcees. Jaycees shall indemnify and hold hannless Zoo, its officers, directors and employees, and Roanoke and Roanoke's officials, agents and employees fr0111 any and all claims, legal actions and judgments advanced against them and from all expenses (including attorney's fees and other costs of litigation) incurred by them, resulting from Jaycees' intentional or negligent acts or omissions, 12, Environmental Matters. 12.1 The Jaycees and Zoo shall operate, maintain and repair the Train in compliance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U,S.c. ~9601), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental Law"). 12,2 Zoo and Jaycees covenant that they have acquired or shall acquire any pemlits or licenses required by paragraph 12,1, 12.3 Zoo and Jaycees shall, within two business days of receiving notice or knowledge thereof, notify Roanoke of: (1) all actions known by Zoo or Jaycees which are instituted or threatened to be instituted by any governmental or other regulatory agency against Roanoke, Zoo or Jaycees with respect to any Enviromnental Law; and (2) all claims known by Zoo or Jaycees which are made or threatened to be made by any party against Roanoke, Zoo or Jaycees relating to any Enviromnental Law, or relating to injury to any person or property caused by any Hazardous Substance emanating from the Train, 13, License or Permits, To the extent that any law requires the owner and/or operator of the Train to obtain a permit or license, the parties shall exercise their best efforts to obtain such permit or license, 14. Notices, Any notice by any party to any other shall be in writing and shall be deemed to be duly given only if delivered personally or mailed using the United States Posta] Service, postage prepaid, by certified mail, return receipt requested, to the addresses set forth in this paragraph, or to such other address as any party many notify the other in accordance with the terms of this paragraph, Notice shall be deemed to have been duly given, if delivered personally, upon delivery, and if mailed, upon the third day after the mailing thereof, 14,] Notice to Javcees shall be sent to the current president of Jaycees, at P,O, Box 1225, Roanoke, Virginia 24006. ]4,2 Notice to Zoo shall be sent to the Executive Director of Zoo, at Mill Mountain Zoo, P,O, Box 13484, Roanoke, Virginia 24034, "_"..T........ ____n___..'..,.__ .....,.. _ . ......__..._... ,... "., .1__ 14.3 Notice to Roanoke shall be sent to the Parks & Recreation Department, Attention: Manager, 210 Reserve Avenue, SW, Roanoke, Virginia 24016. 15. No Waiver. No failure of any party to insist upon strict observance of any provision ofthis Agreement, and no custom or practice of the parties at variance with the tenus hereof, shall be deemed a waiver of any provision of this Agreement in any instance. 16. Rights Cumulative. All rights, powers and privileges conferred hereunder upon the parties hereto shall be cumulative, but not restrictive to those given by law. 17. Successors Bound. Except as otherwise specifically provided herein, the tenus and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the respective successors and assigns of the parties. 18. Entire Alrreement: Modification. This document contains the entire agreement between the parties, and supersedes all prior negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall not be amended or modified except by a written instrument executed by both parties. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. WITNESS the following signatures ofthe authorized representatives of the parties as of the day and year first above written. ATTEST: CITY OF ROANOKE By Darlene 1. Burcham City Manager Stephanie M. Moon, City Clerk . u "._.. .... ^" ...__ ATTEST: By Secretary ATTEST: By Secretary Approved as to Form: Assistant City Attorney 1/,\(' tT\ A ....~~~~....\~,~., rl....... A ..~..............., 1"1 ,..,"'1.1..... BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC. By President ROANOKE JAYCEES, me. By President Approved as to Execution Assistant City Attorney Exhibit B ~~p.;Ti(W~.~:;-l 11813'1 7/J!'07 i THIS' CER'rIf'JCAlE IS ISSUED AS A t.ttLTTER OF INFORf.tAf/m OrlLY AND CONFERS NO RIGHTS UPO'J 1HIi CERTIFICATE HOI.f>lm. TNIS CERTIFlCArs. DOE$ NOT AMEND. EXiEND OR Al:,-;R THe: CO\lERAGE. r,FFORDEO BY THE FOllCIES BELOW, 07/11/07 WED 12: u3 PAX 540 34G '1614 W[LLS FARGO rNS SVCS ROA CERTIFill~ATE OF INSURANCE PRODUCER K & K InSUrallCe Group, 1712 Nagnavox Way P.O. Box 2338 Fore Wayne. In 4G801 'Inc. COMPANIES AFF()ROING COVERAtJt, INSURED COMPANY A LETi~R GREAT A,<lBIUCAN t&e !lISlJi'!1u,lCE C aLOE RIDGE ZOOLOGICAL eOCIE!: C.iOrrMPEANY .fA ~IILL MOUNTAIN zoo a GREAT A~a;:C)Ul me. co OF lfY P.O. BOX 13484 LE ER !lOi\NOY.E, VA 2.1034 COMPANY C \ LETTER GREAT A'lBRJ:CAN ~.SSURi\NG~i COMPA COVEIlAGES , THIS l$ TO CI:RTIFYTHA'f1liE J=lOl1Cll;S OF IW1,rRANt,E LlSTEO eelOW HAVEBEf;N ISSUED TO 'tHEINSl1REO NAl'dE:O ABOVE. fOR nil: r'OuCY 'l PERIOD IHDIGA-TEO, NOT'MTHSTAND1NG Nt'( ~(:~lUlRe!4aIT. TERM OR CONDffION Or.ANY CONl'AACT OP OntER OOCUMEfofTWJTH REcF'WT TO WHICH THIS CERTIFlCATe MAY BE ISSlJeo OR hi\'( t-J[ 'tTAIN, TH'E lNS~~CE. AFFO~ceo BY THE PO.l1CI,EB DE:3CRID5:0 HeREII'l13 BUE..!!:CT TO ALL '(HI! 1ER"1S, EXClVSIOltS AND CONDITIONS: IF St}~,+l PoLlorS's, LIMITS SHOWN. MA.,{ IiAve beEti' REOUCED 5'1 PAID CLAfMS, NC=NOT COVllRllt> CO r---: ouey EFI'!OTIV2 POlJCY EXl'iMTIOIl lrR TYPEOFltlSl1RANCE. I PI~:JCY"~IMElER YE tWJOOIYY)' OATEtpmJOO'V't) LlMITS(lnthol."$tm(~1 DESCRlpnCN OJl OPl;AAno.'lJS1t.OCA,TIO>>5NfH;Cl.e!1JF} STRrc: nONst5PECIAL ITEMS 'IP.S CITY OF ROANOKil. ITS OFFI'~3RS AGENTS. REI'RESIl..l;JTATIWlS A!'IP !lM~LOI:i,IlS ARE ADDITIONAL INSURllP NI'l:1l R],.Am'S TOL!A8ILITY ARISING OOT OF nm zoo Ol'lNERl A..~"'D TIfE ZOO C"rlOQ (oWNl~~~P SHi\...llED HITH ROAt-l0I<E JAYCEES CERTIr-lCATE HOLDER C/lNC~U.ATION I -- SHOOLD ANV OF if{:: ~60VE OE=3CRI6EO POUC1E~'-;-- , CANCELLED BEFORE TH~ EXPJRATIDH DATE 1>1EREi 0;. rHE I ISSUING COMPANY WILL ENDEAVI'R TO t\1i\IL --..l!'L- t~ws WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMIJ' TO l-= THi: LEFT. BUT FAIlURE TO MAIL ',UCH NOTICE SHALL I~F')SE THE CITY OF ROllllOKE NO OBLIGATION OR LIABILITY OF 'INY KIND upaN ','HE COMPANY. ITS AGENTS OR RE~RI,SEN';A'TlVEs ..~ t-- :~z_-::=.J ~~9 1~ GonornlLlO'lblii[y ,'t.~ lXJ Conllneroli!ll Gene:al Ui!bU:!y o C~in" Mod. f!jOccu,. o O\'ma(o 8. ccnrnsclars Prot. o 12:0lJ\M 7/0~/07 l2:0ll\M 7{01/08 PACO!:9D'9I\S405 AutOtnablll! Lia.blllty C oAnyuu.. o All O'tll\ed cutos Ii] SGherJu!cd 3t1!o, o HtrecJ:JutO'; GJ Non..q,1ll(!d Clo1OS o G""9C Lloblllly o o o Other lh:ltl Umb~tla tOrr.l Wcrk~l'$' Compensation and F.mployers' LlablUty l2:0lAM 12:01AM R~E07/01/0a '~':--:-:;' Exc:e:;::;Lii:lbilily . &' .' l.2:0111!4 7/01/07 1l.':01J\M 7/0~/08 :e NC OE,!I094:100S P<lrtlclp"nl Accitlent >t- 10;;..\1 lili 002 JKY GC.1\1(.nIA4:tJr'9:J~ ~ PtodlU:llJ;QfmplOps >.g!JtU~IC .$ I'Qr=lltr~lr4'~rU~itl!'.try So Eneh_Oo-..aur'fltO ~ R(c\~m.I1'l~J:)nofisr.) i $. Metlil:;3JE:lp~fl~ (.!l.I:Yo.U ~ru<lnll So PalU'lpanllJ:lQ::1lLl:$l[Jl1' 1$ CocN~nlld Sfn!;111 Umll Bc<f"r ~,jury tj~ """-\ in!wy tlrl~ ~ pr"Opsr:y ~;}~O ~ONE 5000 1000 1000 300 ; C $ 100{~, _.'I I ! , Ea" r-" OI:C\Ift(./\C(l All Jfog:llG , I St4tutory :~ 100 E4cl\AeW;o-:ll SeD Dh:1l3:'o-Poli~'1.i1nlt 1 0 0 DWo=t'-~G i:ImlliQ/t\lC $ S $ S S S ~ 110&0 P/im~~~I~ E>:e:ss Medical Wottilylnd~'liIV x Exhibit C ASSOCIATION 011=2005& AQUARIUMS ACCREDiTATION COMMISSION 8403 Colesville Road, Suite 710 Silver Spring. MD 20910-3314 301-S61..om t~130l'562-oB88 fax www.aza.org October 9, 2006 CONFIDENTIAL Sean Greene, Executive Director Mill Mountain Zoo Mill Mountain Park Roanoke, VA 24014 Dear Mr. Greene: As you know, during its meeting in Tampa, Florida September 24-26, 2006, the AZA Accreditation Commission voted to table the accreditation of the Mill Mountain Zoo. The Commission is encouraged by your recent arrival as Zoo Director and we believe that, under your leadership, the institution can again meet AZA standards. The action to table was taken because the Commission believes that many issues need to be resolved. The issues of concern include: . Substandard facilities . Lack of modern zoological practices and philosophies . Insufficient past and uncertain future funding . Need to see stronger, more consistent commitment by the city . Uncertainty of Board support . Insufficient staffing . Insufficient quarantine facilities . Insufficient collection plan . Many cases of single specimens for social species . Deferred maintenance and general housekeeping . Items still unaddressed from previous list of concerns Tabling of an Institution takes place when the Commission determines that conditions or requirements of accreditation are not being completely met. While the institution remains accredited during that period, tabling serves as a notification that concerns exist. When tabled, an institution is given one year to address the concerns expressed by the Commission and the Visiting committee, ~mc! must then appear at another hearing to demonstrate' how each item has been addressed. At. the' end ofthetabled year, the Commission must accredit or deny the i/,!stitution. ~ If accreditation is granted,'the institution will receive a four-year' accreditation' rather than five because the year of tabling counts against the next accreditation cycle. Exhibit D The Commission has determined that, as a condition of coming off the table, your institution must be Inspected again prior to your hearing in September 20QZ.. The inspection will take place between June and August, 2007. In June 2007 Denny Lewis will contact you about scheduling this inspection. At the meeting in Tampa you received a copy of the complete Visiting Committee Report. With this letter, we'are providing a copy to Sara Brooks so that, together, you can address these concerns. Zoos and aquariums accredited by the Association of Zoos & Aq!Jariums (AZA) are continuously evolving. Standards are constantly being raised, ensuring t~at animals in AZA institutions are receiving the best possible care from highly qualified staff, in modern facilities that represent the state-of-the art in our industry. 21st century AZA accredited institutions are expected to be leaders in the field and to embrace the highest quallty facilities, programs, and staff available. Animals must be well cared for and displayed in naturalistic settings that provide an educational experience for visitors and an appropriate enriching environment for the animals, including proper social groupings. The species included in the collection must be managed on a regional basis to ensure long-term genetic viability of the species, which means careful planning of resource allocation, ex-situ breeding, and ex. situ/in-situ conservation and research. The phrase "modern zoological practices and philosophies" refers to practices and philosophies that are commonly accepted as the norm by the industry. The word "practices" represents the tangible while "philosophies" refers to an overall perspective. AZA accredited institutions must be incorporating modern zoological practices and philosophies as basic tenets. A mentor approved by the Commission can be made available to you, and we encourage you to consider this option. If you wish to arrange this or if you have any questions, don't hesitate to contact Denny Lewis, Director of Accreditation. The Accreditation Commission and the AZA Board of Directors fully support your efforts to address the Commission's concerns. Sincerely, ~ .-(~ Dennis E. Pate Chair, Accreditation Commission [10/01/05 - 09/30/06] cc: The Honorable Neison Harris, Mayor Darlene Burcham, City Manager Sara Brooks [Encl.] Nancy McToldrldge, Chair, Accreditation Commission [10/01/06 - 09/30/07] Mary Healy, Chair, AZA Board of Directors . Denny Lewis, Director, Accreditation Programs Accreditation Commission The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+-- - - - - - - - - - - - - - - - - - - - --- I I I I I I I I , I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I , I I The Roanoke Times Roanoke, Virginia Affidavit of Publication STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE, 32143302 10432793 Mill Mountain Zoo (L State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~knia. Sworn and subscribed before me this _'~~~day of August 2007. Witness my hand and ()~~icial seal. ~ It:::'L<.o tQ..., 0 tar Pub 1 i c My-;;~gJ-~ i!;-~=lQI-_iP2lL___. PUBLISHED ON, 08/10 \\\\"I"'/fl ", "'ET7. '" ,'-'~~?~"""~ 'Vo "'" ~ ..' IvO?"-4" Vo ...... :: * .." PUS' "If".. :.<:.-;. :: .. rll:G "0 '. ::; -C')'4?y.""3 .Cl- = 0 : C0o\1,.3<963: m :: ~;;: . MW11SS.' . - -::,;;:". ""11 '0,,:..:: -::',?;'. il 'f. ..' .:- .........% .... ....~~,.:- , 'f4 ...... \)\,-- '" I.rH OF ~\~ ,,- 'I, \\\ ""ltll\" TOTAL COST, FILED ON, 167.01 08/10/07 ,- NOTICE OF PUBLIC I HEARING ~ The City of Roanoke Iproposes to e~tend Its lease and Agreement with Blue IRldge Zoological Society of Virginia, Inc., which leases City property designated as I Tax Map No. 4050305. \ being the top portion of that land commonly referred to as "Mill Mountain" for the purpose of operating and \maintalnlng Mill Mountain I Zoo, fora term of five years. I P u rs u ant tot h e Ire q ul re me n ts of ~915.2.1800 and 1813, Code of Virginia (1950), as ,amended, nollce Is hereby jgiventhat the Clty Council of the City of Roanoke will hold a public hearIng on the above matter at its regular meeting to be held on Monday, August 20, 2007, commencing at 7;00 p.m., In the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations lor this hearing, please contact the City Clerk's Office at (540) 853.2541, before 12:00 noon on Thursday, August 16, 2007. GIVEN under my hand this 8th day of August, 2007. Stephanie M. Moon .~ CMC. City Clerk. (10132793) --------------------------------------------------+------------------------ Authorized v-:- , .,(j -fJIt ,LJ,{ I^ ^. .^~_ signature'-;f~~t----L~~~~' Billing Services Representative r, :::; -< '" rn "" ~ ~ ~ :D "" ~ ~ [)2c -'- ~ v' NOTICE OF PUBLIC HEARING The City of Roanoke proposes to extend its Lease and Agreement with Blue Ridge Zoological Society of Virginia, Inc., which leases City property designated as Tax Map No, 4050305, being the top portion of that land commonly referred to as "Mill Mountain" for the purpose of operating and maintaining Mill Mountain Zoo, for a term of five years. Pursuant to the requirements of 9915.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the eity Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2007, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. eitizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 16, 2007. GIVEN under my hand this 8th day of August ,2007. Stephanie M. Moon, CMC, City Clerk l jJ,l., r . N-Mill Mountain Agreement & Lease 8-20-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 10, 2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 .:..~..-...~ . .. r, ~' .~ if CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 FaX' (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R lYREE Assistant Deputy City Clerk August 23, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37882-082007 authorizing the proper City officials to grant a temporary easement across City-owned property identified as Official Tax No. 2013001, to the Roanoke Higher Education Authority for the use of such property as a construction staging area and for the placement of a temporary mobile kitchen to be used by Virginia Western Community College as a culinary lab, commencing July 1, 2006, through December 31,2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007, and is in full force and effect upon its passage. Sincerely, ~~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Brian Brown, Economic Development Administrator we IN" THE eOUNeIL OF THE eITY OF ROANOKE, VIRGlNlA, The 20th day of August, 2007. No. 37882-082007. AN ORDIN"ANCE authorizing the proper City officials to grant a temporary easement across City-owned property identified by Tax Map No. 2013001, to the Roanoke Higher Education Authority for the use of such property as a construction staging area and for the placement of a temporary mobile kitchen to be used by Virginia Western Community eollege as a culinary lab; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 20, 2007, pursuant to SS 15.2-1800(8) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAIN"ED by the Council of the City of Roanoke that: 1. The eity Manager and the eity Clerk are authorized to execute and attest,' respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an easement across eity-owned property identified by Tax Map No. 2013001, to the Roanoke Higher Education Authority, commencing July I, 2006, through December 31,2007, for use of such property as a construction staging area and for the placement of a temporary mobile kitchen to be used by Virginia Western Community College as a culinary lab, upon such terms and conditions as more particularly set forth in the City Manager's letter dated August 20,2007. 2. Pursuant to the provisions of S 12 of the City eharter, the second reading of this ordinance by title is hereby dispensed with. ~E~T: _ ~~ 'rr\. City Clerk. ~ O-Roanoke Higher Education Authority - Extension of easement 8-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roallokevn.gov . "J IJ August 20, 2007 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: Extension of Temporary Construction Easement and Permission to Operate a Mobile Kitchen The Roanoke Higher Education Authority was granted a temporary easement on city-owned property identified by Tax Map No. 2013001 on April 12, 200S, to support the construction of the culinary institute. Said easement expired on June 30, 2006. Thomas L. McKeon, Executive Director of the Roanoke Higher Education Authority, requested in his letter of August 2, 2007, a retroactive extension of this temporary easement from July 1, 2006, to December 31, 2007. In addition, the property needs to house a temporary, mobile kitchen to be used by Virginia Western Community College as a culinary lab for students in the culinary arts program. A delay in construction of the permanent facility has moved completion of the kitchen to October 31, 2007. It is expected the trailer mounted kitchen will host classes on or about August 22, 2007. The Authority shall require its contractors to indemnify and hold harmless the city from any liability in connection with the easement, and provide proof of insurance acceptable to the City's Risk Manager. See Attachment #1 for map of parcel. Honorable Mayor and Members of City Council August 20, 2007 Page 2 Recommended Action(s): Authorize the City Manager to execute the appropriate documents granting the extension of the temporary easement as described above to the Roanoke Higher Education Authority and allow the location of a temporary mobile kitchen, approved as to form by the City Attorney. As we are granting the easement to a governmental agency, by law a public hearing is not required. Respectfully submitted, DLB/SEF Attachment(s): 1 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian K. Brown, Economic Development Administrator CM07-00134 Attachment #1 ':~.~,'<'/ ;,;- The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 08/10/07 I ("", --------------------------------------------------+----------5f------------ " f;ij "" Billing Services~epresentative ~ ~ 51 85 EB STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10432825 Higher Ed. Roanoke State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __J_~day of August 2007. Witness my hand and ~~~%l-_0~~_'--rr.7ii-rr ~i2.tary Public My commi s sian exi'f; --'-"1-,~-Q(,.L-'f,J14~1.;,.'-C.'-'i" ", f"'\O~:~ I . t.: /\1 I" ...... ~v ......... ". ~', .:' <Q .... IV07I1,py..O;', : *"... PUBLIc ". (') ~ = I .~r:G #332S' ': lTI : -C?o ""CO, 03'- :: 0 :~~r~"IISS'CV : *' = ...~. . Pi {l:' I I: : ... 'A'_ . ... -:.~. .'~'" , ~.'. . :'0 ... ""'~Y~ ...........:...<;;., ...~... 'I, <"4LTH Or \1\"\_-- III \\ """'11\\ PUBLISHED 08/10 ON: TOTAL FILED COST: ON: 193.38 Authorized ~ . vJ --fJhk /. /i . A~~' _ Signature:_~;ft--L~tt;~~, NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a temporary construction leasement to the Roanoke Higher Education Authority across the entirety of City owned property designated as Tax Map No. 2013001 to serve as a construction stagingarea,placementofa construction office trailer a nd the storage of construction equipment and bulldingmaterials and the placement of a mobile kitchen In connection with the construction of the Roanoke Higher Education Center's culinary arts building, for a term offivel months. commencing on August 15, 2007. P u rs u ant to the re qui rem e "ts 0 tl M15.2-1800 and 1813, ! Code of Virginia (1950), as jamended, notice is herebY/ I given that the City Council pf, the City of Roanoke will hold a public hearing on the above malterat its regular meeting to be held on jMonday. August 20. 2007, commencing at 7;00 p.m., in 'the Councif Chambers of the tNoel C. Taylor Municipal jBuilding, located at 215 Church Avenue, S.W., I Roanoke, Virginia 24011. Citizens shall have thel lopportunityto be heard and lexpress their opinions on Ithismatier. ! I If you area person with a, disability who needs accommodations for this hearing. please contact the City Clerk's Office at {540} ,853-2541, before' 12:00 ;no~h on Thursd~y. August 16,12007,':t1.,~ ,'~,. I ~ 'GIVEN under my hand this 8th day of August, 2007. , Stephanie M. Moon, CMC. City Clerk. (10432825) vt NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a temporary construction easement to the Roanoke Higher Education Authority across the entirety of City owned property designated as Tax Map No. 2013001 to serve as a construction staging area, placement of a construction office trailer and the storage of construction equipment and building materials and the placement of a mobile kitchen in connection with the construction of the Roanoke Higher Education Center's culinary arts building, for a term of five months, commencing on August 15, 2007. Pursuant to the requirements of SSI5.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the eity eouncil of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2007, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 16, 2007. GIVEN under my hand this 8th day of August ,2007. Stephanie M. Moon, CMC, City Clerk N-Roanoke Higher Education Authority 8~20.07 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 10, 2007. Send bill and affidavit to: Stephanie M. Moon, City elerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456' Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk August 23, 2007 Ms. Dawn S. Waters 377 Albemarle Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Waters: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 377 Albemarle Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 20, 2007. Based on evidence, testimony and documents, the matter was referred back to the Architectural Review Board, with the understanding that you would work with the Board to find a solution regarding a framing design for the replacement windows in order to bring the home into compliance with the Historic Guidelines. Sincerely, rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Ms. Dawn S. Waters August 23, 2007 Page 2 pc: Kara Smith, President, Old Southwest, Ir}c., 810 Day Avenue, S. W., Roanoke, Virginia 24016 Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Barbara Botkin, Chair, Architectural Review Board, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016 Erica Taylor, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board jt 0.' " VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF (CI:r ~~i1Oa) ~ {So j>DqflDt(p (!/~ ~ PETITION FOR APPEAL ~tJlI!.5 JJ41ERs 7. 8. 9. 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): y/tj.LJ /I __ ~/,,~ 4/r'K S C I '-li ze:fI/ 2. Doing business as (if applicable): 3. Street address ol;rt~erty WhiC~~S t~ject of this appeal: 3 71 f'! /1l @I U'cJ . 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighbor'ff Overlay District) of property(ies) which is the subject of this appeal: -.:L I' 5. Date the hearing before the Architectura~oard 1s held at which the decision being appealed was made:' I lol.BD 7 Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Retew. Boaro., (Section 36.2-330 if H-1 or Section 36.2-331 if H-2):? .2. - :>~ I 6. Description of the request for which the Certificate of Appropriateness was sou ht from the Architectural Review Board: e .5~ U4{) 5+.,f J Grounds for appeal: 6f!:;,v t:> e~ .1<. Name, title, address and telephone number of person(s) who will / ,_ J_ _ represent th;. Petitioner(s) b.ef~re City Council: tJ~N r. ~J: ,()~f.r,.t.I-__/ CA~ . {J I . I , '" . 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): ~2J~ Name: "'/)-Il/.tJ1J S i//J/~-5 (print or type) 1-//-07 (J.c:rl ~ Icr(j'<f'/ ~ - Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: Name: (print or type) (print or type) ------------------------------------------------------------------------------------------------------------ Received by: Y CITY CLERK: 'Date: ~ ~/,Q) ~l)O 7 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-i730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov August 20, 2007 Architectural Redcw Board Hoard of Z()nin~Appcals Planning Commission 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 Brenda L. McDaniel, Council Member Honorable Sherman Lea, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Dawn S. Waters Appeal of Architectural Review Board Decision 377 Albemarle Avenue, S.W. Background: On November 17, 2005, a citizen advised staff that original wood windows were being replaced at 377 Albemarle Avenue, SW., which is within the H-2, Neighborhood Preservation District. Code Enforcement staff met with the owner, Ms. Dawn Waters, and advised that a Certificate of Appropriateness was needed and supplied her with an application. The window installer had the owner sign an agreement that she would contact the City of Roanoke to obtain the required approvals. (Attachment A). Ms. Waters filed an application for a Certificate of Appropriateness for the replacement windows, which was considered by the Architectural Review Board (ARB) on December 8, 2005 (See Application: Attachment Band Minutes: Attachment C). Staff recommended denial because the request was not consistent with the H-2 Guidelines, as the replacement windows reduced the amount of window space and did not match the existing window size, shape, and proportion. ARB members expressed concern about the design of the windows and stated that had the matter been brought to the Board before the '^I9r,~,was done that the Board could have provided guidance. Approval of tlie1application failed by a 0-6 vote. Ms. Waters was formally notified of the denial and of her right to appeal to City Council by letter dated December 9,2005. Ms. Waters filed an appeal of the Architectural Review Board's decision on January 9, 2006 (Attachment D). On February 21, 2006, the request to.,(ity Council to approve the application failed by a 0-5 vote. The applicant filed an appeal of City Council's decision in Circuit Court on March 22, 2006. The case was dismissed on September 13, 2006. A motion to appeal was filed in the Supreme Court of Virginia on October 18, 2006. This motion was denied because it was received after the filing deadline. The applicant filed an application to the ARB requesting approval of the same windows on March 4, 2007 (Attachment E). The application was accepted since one year had passed since the original application was submitted. City Code mandates that the same request cannot be applied for within one year of the application's original submittal. The applicant appeared before the ARB on April 12, 2007. ARB member Mr. Harwood said if the Board was given a chance to work with the applicant prior to the windows being installed, the Board may come to a mutually agreeable solution. He suggested that the issue be tabled and that one or two members of the Board meet at the site and look at the windows again to confirm that the windows were not going to meet the standards. Mr. Schlueter seconded the motion and the application was tabled by a 6-0 vote until the next ARB meeting on May 10, 2007. During this time, enforcement action was not pursued. Staff, Mr. Harwood and Mr. Schlueter met the applicant at the property on May I" 2007, to look at the windows and discuss potential alternatives. Mr. Harwood proposed that the applicant finish (wrap) the windows to mimic the appearance and profile of the original windows. On May 10, 2007, the applicant appeared before the ARB and the request was tabled by a vote of 4-0 vote to the June 14, 2007, meeting. On June 14, 2007 a roll call vote was taken and the request to approve the application failed by a 1-4 vote. The Board found that the application was not consistent with the following H-2 guidelines: 1. Identify and keep the original materials of windows such as size, shape, glazing, muntins and moldings. 2. Consider new replacement windows only when old replacements are unavailable. New replacements should be compatible in size, shape, design and proportion. 3. Use storm windows to improve thermal efficiency of existing windows. Considerations: The replacement windows were not the same material, proportion, or design as the original windows. The project, therefore, required a Certificate of Appropriateness. The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council state that windows 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. The Guidelines provide the following considerations for windows on historic buildings: .. Identify and keep the original materials and features of windows, such as size, shape, glazing, muntins, and moldings. . Consider new replacement windows only when old replacements are unavailable. New replacements should. be compatible in size and shape, design, and proportion. . Use storm windows to improve thermal efficiency of existing windows. Staff reviewed similar window replacement cases since January 2003, and found that nine applications were approved where the replacement windows had the same dimensions as the originals. In one of those nine, the applicant was granted approval of replacement windows that were installed prior to application to the ARB. In that case, the applicant was granted a Certificate of Appropriateness for "application of exterior muntin bars to the exterior face of the windows, as well as the removal of the aluminum coil stock from all the brick molding and the window sills." During the same period, three applications were denied because the replacement windows did not maintain the correct proportions. One denied application was appealed to City Council on May 20, 2004 (Attachment F). City Council upheld the ARB's decision to deny the application. Recommendation: The Architectural Review Board recommends that City Council reaffirm its prior decision to deny the issuance of a Certificate of Appropriateness and uphold the ARB's decision. Sincerely, )j~4 M0 Barbara Botkin Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager Erica Taylor, Agent, Architectural Review Board ATTACHMENT A .,. Text of Attachment A Window World of Roanoke has made Ms. Waters aware that she does live in the Historic District of Roanoke City. . And that she is required to pull certain permits from them and meet their requirements. If she doesn't, Window World is not responsible in any way for the Actions taken by the Historical District. " NOV-22-2005 06:46 tRNAL MEn I CINE " ~.. Roanoke Architecturill Review Board Request for Certificate of Appropriateness <D Date of Application: II, Jl3 'Zl5 ~ Property address: .111Il~ j)~_ ~(', Q) Pro perry ~.~ Phone .s'l~'~39.;L Name; @ Representative (contractor or agent): Name; tJilJd~) "JtJieJ;,.l Address;; f :(3 ?I0~~i ~S~Si:7 c--..~JEA . ~ (f.3 7 Phone: 375"',5oK . ; Depanmentofl Planning Bulldi' g and Development Room 166 Munic' al Buiiding 215 Chllrch Ave e, SW Roanoke, VA 24 J I ' . Phone: (540) 8 3~ 1 no, ' Fax; (54(l) 8 3-1230 ARB Agent: Anne Ik!ckett, C' Planner II (540), 8S3~ 15221' , . .! @ Description of Work: i 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). i f/i Yl.!J1 ;('epkcc.,.,,c,;J 4.ft',..J)a)..s fZ.GF'~:k-BrJ 'V I WOOO . WitVOOU> w;11l 1/ l 'YIN'(... 'VJ'/Joous.. c:(() S€.1;'S ~~()l; 2># f)1J-/JE/J..1J. i i i ( 4):JIIJ-eI'1j p,a,w~ -1-/E64;~ ~ ~ ~'lJdA/tt ..p CID Signature of owner (required) >?YlwV J.l.tJd~ Section below to be completed by staff Tax Parcel Number. f 01_1.. '..1 0 Zoning District: .J2..l::1- z... Overlay dimict: 0 Ii I ~ HZ Other approvals needed; o Zoningl'ennlt o Building Permie o Other loJ~ Approval By: I8l ARB 0 Secretary Approved: ~u~ S,~ Agent, ArchitecllJral Review I!oard Date: II. ZI!1'C!~ Certificate Number: i " ATTACHMENT C Architectural Review Board Minutes December 8, 2005 Page 8 6. ReQuest from Dawn Waters for a Certificate of Appropriateness approvinQ existinQ window reolacement at 377 Albemarle Avenue. S.W. Mr, Richert asked Ms. Waters if there was anything she would like to add to the information provided. Ms. Waters said she had nothing to add. Mrs. Blanton asked Ms. Waters to describe the condition of the windows that were replaced. Ms. Waters said that they rattled and the top windows had gaps in them. She said that heating bills were an issue and she thought new windows would save money. She showed the Board pictures of her home before she installed the windows and she said that the house looked the same. Mr. Richert said that this was a dilemma when an application came to the Board after the fact. Ms. Waters said that the only reason she did not come forward was that she did not see she was changing the face of her house at all. She said that the appearance was not changing. Ms. Katz explained that the old wood, double hung window had a shadow line. She said that Window World made a window that met the criteria of the historic district. She said that the model installed on Ms. Waters' home did not have a shadow line. Mr. Harwood said that the Board was to preserve those elements that are within its purview and if this matter had been brought to the Board before the work had been done, the Board could have provided guidance on the correct window installation. He said the Board had to make a decision as to whether the windows were historically accurate. He also said that the Board had not been in favor of replacement windows. He said that the window Ms. Waters had purchased had the profile of a triple track storm window, which was not in keeping with the historic district. Mr. Richert asked for staff comment. Ms. Beckett said that the window did not meet the guidelines and staff recommended denial. Architectural Review Board Minutes December 8, 200S Page 9 Ms. Blanton asked Ms. Waters if the contractor had shown her other window models. Ms. Waters responded that she was not knowledgeable about such things. Mr. Richert asked for audience comment. Mrs. Joel Richert appeared before the Board and said that the application was not consistent with the gUidelines and the window replacement was inappropriate. She also mentioned that she had seen a copy of a notice that Window World had provided Ms. Waters, which mentioned the Architectural Review Board. Mrs. Richert also stated that property owners in the historic district received a mailing each year reminding them of the historic district. She said that the preservation committee requested the application be denied. Mr. Richert asked if there were further comments. There were none. A roll call vote was taken and the request was denied 0-6, as follows: Ms. Botkin - no Mr. Harwood - no Mrs. Blanton - no Ms. Katz - no Mr. Stephenson - no Mr. Richert - no 7. Mrs. Blanton and Mr. Harwood excused themselves from discussion and vote on this and the next two applications as they are employed by the firm doing the work on the project. Mr. Harwood presented the request on behalf of the RRHA. He said that the application package was fairly complete and he had nothing further to add. Mr. Richert asked for Board comment. Ms. Katz said it was a great project and she could not wait to see it complete. / 7. 8. 9. ATTACHMENT D VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL ~ 71 &fJr.,~ j~ UJ This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36. 1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): (\ OIJ'M /J . <; 1<.)./11(0 R. 5 2. Doing business as (if applicable): 3. 4. Overlay zoning (H-1, Historic District, or H-2, Neighbomood iTservation District) of property(ies) which is the subject of this appeal:. _.j 5. Date the hearing before the Architectural ~ew Board l!:,s held at which the decision being appealed was made: 'f.:.rrho. i'. ~()~S ." Section of the Code of the City of Roanoke under which the CertifICate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): 6. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Name, title, address and telephone number O~(s) who will represent the Petitioner(s) before City Council' ,)/1 S 1I)*-4J:. , 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): l;p1Anlv!b~~ Name:~)n S iJIiJeR. ~ (print or type) Signature of Petitioner(s) or representative( s), where applicable: Name: (print or type) Name: (print or type) Name: (print or type) - --- TO BE COMPLETED BY CITY CLERK: Received by: \ Date: ~~ (J '1J ~b/)' G) Date of Application: CV Property address: ( ( !. Roai,oke Architectural Review .ard . Request for Certificate of Appropriateness Q) Property o~n,er: Name 'f;;a/-tJn S I) nfc-e ..s Address 371f)j,he-trvJ.,1/r ~~ l?oo.(\6lb Irq ~L{6/ ~ , Phone S (j.;2~ ()?:'y,;;).. 345 - 4<f/~ @ Representative (contractor or ~ent): (vJ) /U 1f}~OtJ /U fJ1 U__ Address !o;!3 7107i!Jr:v:;;kf'~d' .3ri.),E,,,,-. UCt :24153 3 '7 rj'5tJC;S" MA' '" ~ '/'07 '" .... ...u , ' erN OF ROANOKE ., ~MM!~Ir, RIIII f11Pr'O ,~\" "I'\~I nOMe" Name: Phone: @ 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). Rep!l(cc./?1€,l1r ifJlnlbcUs ~ () SE'(2/.ES Lft'Ocj 'bH ~hc~l1 VI t-roocY lU('" Dec..) wiY-/- YII/I":} L tJ/'" f))(.,.J @ Signature of owner (required) ~fJ ~/u'~ Section below to be completed by staff Tax Parcel Number J () () ';) A 1/) Zoning District: Overlay district: 0 Hl ~ Other approvals needed: o Zoning Permit o Building Permit o Other Approval By: JiiQ. ARB ,0 Secretary Approved: Date: Agent, Architectural Review Board Certificate Number: ( I ( e~\c,hV\c, . wcud ""tell"',,! I -e ,(I':,.rl~,\ Wt(!\. N-\wl~ w\lt\dooJ -tn;"" -e;\~"'~ wood. W\UaoUJ ~-e €)(I"'?tt....., .J\.....~\ ,?,d,lAi . ellI7hv:.'i -J I ~~ \ 'J' chdu.~el N;sn~'1 -J lll\~ \ l'efA-dCew.e.ut Ul,,^d~uJ / €,cl?'h~~ blld:.\\A~ ciA tI \"leu) III ~ Wood. blodc.'tlilc, ~ lll\\rI~ooJ lr.edd I \~'o ,~d Conll liI\stdl\ VI€W <:lIULu -tv,;'" ,;.. 1{.\;" (llI\h1UV<\h ~.' c\Ac.\"~ '\1l 'r"euJ \Vood. b1oclc.\~l d\.I. d 1t "I"'~ \ I.l.lltJOW _lfl.I~_t?~J~\ V AT ~"-~~~~y'7 _f>1:r]t:_~ ~e }J\ArlL.lC- O.A\)N \JA-relc:) . , . I , I I ( i , i , ! ....rr -'''-'~"----7' _.-:'.._"._.._...~~ , \ rnni, ... .; 'i;;;;;;~~-!!p, ;;\ 1.\ " ~~1!flB ....."'!i!~,' " . -~~; );~:~~ 11 - ~.. I 'I II' i'; ,;-~ ' ';:i\j' ' ----< ---' ~,~- 1\ ;JOb' J. . t l' ( , ',.\ ATTACHMENT F . VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF (Oty~~fIOkt) ! VS, ,R{)q(l{)/'fp (!'!;J ) PETITION FOR APPEAL ~!1/S iJmcRs 7. 8. 9. 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. NameofPetitioner(s): y.j:Il.uIl--<::/"11~Jl:Jr:.K 5',. C ,'-/-iZE'tV' 2. Doing business as (if applicable): 3. Street address o~~erty WhiC%S t~ject of this app.eal: 371 E/7ltPl ~u.J . 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighbori1 Overlay District) of property(ies) which is the subject of this appeal: -.:L . , Date the hearing before the Architectura~oard 1s held at which the decision being appealed was made:. ',~J.80 7 Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Retew Boarp, I (Section 36.2-330 if H-1 or Section 36.2-331 if H-2): ~ .2. - :>~ 5. 6. Description of the request for which the Certificate of Appropriateness was sou ht from the Architectural Review Board: e 5~ ~~ >4-"16 J. . ~ Name, title, address and telephone number of person(s) who will , L I _ represent th;. Petitioner(s) b.ef~re City Council: tJ~,II./ 1. ~~ .(J~I-e-)..., -___I {'.#T~ ... (J / , . WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of 1 Appropriateness be granted. Signature of Owner(s) (If not Petitioner): ~U~ Name: ~-/}/LJil S t//J/eK-5 (print or type) 1-//-a 7 , Of-II !3/rrr:?<fJ~' - Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name:.. Name: (print or type) (print or type) ---------------------.-------------------------------------------------------------------------------------- Y CITY CLERK: Received by: . Date: ~ ~/,Q) d...\)() 7 ~~ ...~~~ _" ....1iL .~$ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax, (540) 853-1145 E-mail: derk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 12, 2007 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 Dawn S. Waters in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 377 Albemarle Avenue, S. W. The petition was filed in the City Clerk's Office on Thursday, July 12, 2007. Section 36.2-5 30(c)(5), Certificate of Appropriateness, Code ofthe 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 B.oard. With the concurrence of Council, I will include the Petition for Appeal on the Monday, August 20, 2007, 7:00 p.m., City Council agenda. Sincerely, ~ tn, I'YJCo-.,..i Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure K:IAPPEALS TO THE ARBIAPPEALS 2007\377 ALBERMARLE AVENUE SW DAWN S WATERS.DOC The Honorable Mayor and Members of the Roanoke City Council July 12, 2007 Page 2 pc: Ms. Dawn S. Waters, 377 Albemarle Avenue, S. W., Roanoke, Virginia 24016 Kara Smith, President, Old Southwest, Inc., 810 Day 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, Assistant City Manager for Community Development Barbara Botkin, Vice-Chair, Architectural Review Board, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016 Frederick Gusler, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board K:IAPPEALS TO THE ARBIAPPEALS 2007\377 ALBERMARLE AVENUE SW DAWN S WATERS.DOC CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853.2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARYE. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCrrY ATTORNEYS July 12, 2007 Ms. Karen Smith President, Old Southwest Inc. 810 Day Avenue, SW Roanoke, Virginia 24016 Mr. Jeffrey Campbell Vice-President, Old Southwest, Inc. 424 Highland Avenue, SW Roanoke, Virginia 24016 Re: Rental Certificate of Compliance Dear Ms. Smith and Mr. Campbell: Ms. Burcham has asked that I send you information pertaining to the City's rental certificate of compliance program, in order partially to respond to your e-mail to City Council of July 9, and Mr. Campbell's e-mail of June 26, concerning this program. You suggest that the City require rental inspections annually or whenever a property is rented. As Mr. Campbell noted, at one time the City was able to require an inspection every time. a rental unit was rented (unless exempted), but that is no longer the case. Rental inspection programs in Virginia must comply with the requirements of the state enabling legislation, which is set out in 936-105.1.1, Code of Virginia. These do not permit the City to require an inspection upon:every: change in occupancy. I have attached a copy of this legislation so that you can see the constraints under which the City and other localities must operate in their administration of this program. Weare very familiar with the state enabling legislation, the City having lobbied many years for its passage in 1994. Because of strong opposition to the adoption of an ordinance in the City by property owners, it took two years for an ordinance to be hammered out and adopted in the City in 1996. Unfortunately, in 2004, the State enabling legislation came under strong attack in the General Assembly (one bill would have totally repealed the legislation), and despite vigorous lobbying by Virginia's localities with rental inspection programs, the enabling legislation was watered down, and localities with rental inspection programs were required to bring their ordinances into compliance with the revised statute by July 1, 2005. Roanoke did this, and its revised ordinance was adopted June 20, 2005. The City's ordinance (which is rather lengthy) is set out in Section 7-34, et sea., Code ofthe City of Roanoke (available on-line at the City's webpage, www.roanokeva.gov). ~\..';- I hope that this explains why the City can no longer require rental inspections upon every change in occupancy, and why the frequency of inspections must comply with State law. If you have concerns about specific properties, I would encourage you to bring them to the attention of the City's code enforcement staff. With kindest personal regards, I am Sincerely yours, ~JA. ~ William M. Hackworth City Attorney WMH/lsc Enclosure c: The Honorable Mayor and Members of City Council Darlene L. Burcham, City Manager K:\wrnh\ltr to smith and campbell osw inc. rental inspection program.doc , Va. Code Ann. g 36-105.1: 1 . CODE OF VIRGINIA Copyright (c) 2007 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved *** CURRENT THROUGH THE 2007 REGULAR SESSION, ACTS 2007, cc. 1 to 948 *** *** ANNOTATIONS CURRENT THROUGH APRIL 1, 2007 *** TITLE 36. HOUSING CHAPTER 6. UNIFORM STATEWIDE BUILDING CODE ARTICLE 1. GENERAL PROVISIONS GO TO CODE OF VIRGINIA ARCHIVE DIRECTORY Va. Code Ann. 9 36-105.1:1 (2007) 936-105.1:1. Rental inspectio.ns; rental inspection districts; exemptions; penalties A. For purposes of this section: "Dwelling unit" means a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household. "Owner" means the person shown on the current real estate assessment books or current real estate assessment records. "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom, unless otherwise prOVided in the zoning ordinance by the local governing body. B. Localities may inspect residential rental dwelling units. The local governing body may adopt an ordinance to inspect residential rental dwelling units for compliance with the Building Code and to promote safe, decent and sanitary housing for its citizens, in accordance with the following: 1. Except as provided in subdivision B 3, the dwelling units shall be located in a rental inspection district established by the local governing body in accordance with this section, and 2. The rental inspection district is based upon a finding by the local governing body that (i) there is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated rental inspection district; (ii) the residential rental dwelling units within the designated rental inspection district are either (a) blighted or in the process of deteriorating, or (b) the residential rental dwelling units are in the need of inspection by the building department to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed rental inspection district; and (iii) the inspection of residential rental dwelling units inside the proposed rental inspection district is necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the proposed rental inspection district. Nothing in this section shall be construed to authorize a locality-wide rental inspection district and a local governin-g body shall limit the boundaries of the proposed rental inspection district to such areas of the locality that meet the criteria set out in this subsection, or Document4 '.'- " 3. An individual residential rental dwelling unit outside of a designated rental inspection district is made subject to the rental inspection ordinance based upon a separate finding for each individual dwelling unit by the local governing body that (i) there is a need to protect the public health, welfare and safety of the occupants of that individual dwelling unit; (ii) the individual dwelling unit'is either (a) blighted or (b) in the process of deteriorating; or (iii) there is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for tenants living in such individual dwelling unit. For purposes of this section, the local governing body may designate a local government agency other than the building department to perform all or part of the duties contained in the enforcement authority granted to the building department by this section. C. 1. Notification to owners of dwelling units. Before adopting a rental inspection ordinance and establishing a rental inspection district or an amendment to either, the governing body of the locality shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published once a week for two successive weeks in a newspaper published or having general circulation in the locality. Upon adoption by the local governing body of a rental inspection ordinance, the building department shall make reasonable efforts to notify owners of residential rental dwelling units in the designated rental inspection district, or their designated managing agents, and to any individual dwelling units subject to the rental inspection ordinance, not located in a rental inspection district, of the adoption of such ordinance, and provide information and an explanation of the rental inspection ordinance and the responsibilities of the owner thereunder. 2. Notification by owners of dwelling units to locality. The rental inspection ordinance may include a provision that requires the owners of dwelling units in a rental inspection district to notify the building department in writing if the dwelling unit of the. owner is used for residential rental purposes. The building department may develop a form for such purposes. The rental inspection ordinance shall not include a registration requirement or a fee of any kind associated with the written notification pursuant to this subdivision. A rental inspection ordinance may not require that the written notification from the owner of a dwelling unit subject to a rental inspection ordinance be provided to the building department in less than 60 days after the adoption of a rental inspection ordinance. However, there shall be no penalty for the failure of an owner of a residential rental dwelling unit to comply with the provisions of this subsection, unless and until the building department provides personal or written notice to the property owner, as provided in this section. In any event, the sole penalty for the willful failure of an owner of a dwelling unit who is using the dwelling unit for residential rental purposes to comply with the written notification requirement shall be a civil penalty of up to $ 50. For purposes of this subsection, notice sent by regular first class mail to the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed compliance with this requirement. D. Initial inspection of dwelling units when rental inspection district is established. Upon establishment of a rental inspection district in accordance with this section, the building department may, in conjunction with the written notifications as provided for in subsection C, proceed to inspect dwelling units in the designated rental inspection district to determine if the dwelling units are being used as a residential rental property and for compliance with the provisions of the Building Code that affect the safe, decent and sanitary living conditions for the tenants of such property. E. Provisions for Initial and periodic inspections of multifamily dwelling units. If a multifamily development has more than 10 dwelling units, in the initial and periodic inspections, the building department shall inspect only a sampling of dwelling units, of not less than two and not more Document4 than 10 percent of the dwelling units, of a multifamily development, which includes all of the multifamily buildings which are part of that multifamily development. In no event, however, shall the building department charge a fee authorized by this section for inspection of more than 10 dwelling units. If the building department determines upon inspection of the sampling of dwelling units that there are violations of the Building Code that affect the safe, decent and sanitary living conditions for the tenants of such multifamily development, the building department may inspect as many dwelling units as necessary to enforce the Building Code, in which case, the fee shall be based upon a charge per dwelling unit inspected, as otherwise provided in subsection H. F. 1. Follow-up inspections. Upon the initial or periodic inspection of a residential rental dwelling unit subject to a rental inspection ordinance, the building department has the authority under the Building Code to require the owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the building department deems necessary, until such time as the dwelling unit is brought into compliance with the provisions of the Building Code that affect the safe, decent and sanitary living conditions for the tenants. 2. Periodic inspections. Except as prOVided in subdivision F 1, following the initial inspection of a residential rental dwelling unit subject to a rental inspection ordinance, the building department may inspect any residential rental dwelling unit in a rental inspection district, that is not otherwise exempted in accordance with this section, no more than once each calendar year. G. Exemptions from rental inspection ordinance. Upon the initial or periodic inspection of a residential rental dwelling unit subject to a rental inspection ordinance for compliance with the Building Code, provided that there are no violations of the Building Code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the building department shall provide, to the owner of such residential rental dwelling unit, an exemption from the rental inspection ordinance for a minimum of four years. Upon the sale of a residential rental dwelling unit, the building department may perform a periodic inspection as provided in subdivision F 2, subsequent to such sale. If a residential rental dwelling unit has been issued a certificate of occupancy within the last four years, an exemption shall be granted for a minimum period of four years from the date of the issuance of the certificate of occupancy by the building department. If the residential rental dwelling unit becomes in violation of the Building Code during the exemption period, the building department may revoke the exemption previously granted under this section. I. The provisions of this section shall not, in any way, alter the rights and obligations of landlords and tenants pursuant to the applicable provisions of Chapter 13 (6 55-217 et seq.) or Chapter 13.2 (6 55-248.2 et seq.) of Title 55. J. The provisions of this section shall not alter the duties or responsibilities of the local building department under 6 36-105 to enforce the Building Code. K. Unless otherwise provided in this section, penalties for violation of this section shall be the same as the penalties provided in the Building Code. HISTORY: 2004. c. 851. NOTES: EDITOR'S NOTE. --Acts 2004. c. 851, cl. 2, provides: "That any local rental inspection ordinances adopted on or before July 1, 2004, shall be brought into compliance with the requirements of S 36-105.1:1 of this act by July 1, 2005." Document4 dS~ I i!il, " ~@ , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELiA R. 1YREE Assistant Deputy City Clerk August 23, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham; I am attaching a copy of a communication from Mayor C. Nelson Harris with regard to the Countryside Project, which communication was before the Council of the City of Roanoke at its regular meeting held on Monday, August 20, 2007. Without objection, the Council instructed the City Manager to proceed as outlined in the communication. Sincerely, rn.~ Stephanie M. Moon, CMC City Clerk J SMM:ew Attachment pc: R. Brian Townsend, Assistant City Manager for Community Development Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.w., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONK (540) 853.2444 FAX, (540)853-1145 C. NELSON HARRIS Mayor August 16, 2007 The Honorable David B. Trinkle, Vice-Mayor The Honorable Alfred T. Dowe, Jr. The Honorable Beverly T. Fitzpatrick, Jr. The Honorable Sherman P. Lea The Honorable Gwendolyn W. Mason The Honorable Brian J. Wishneff Dear Members of City Council: Subject: Countryside Project Since our last council meeting and our decision to reject the development proposal for the Countryside project, I have met with. the City Manager and staff to determine next steps. 1. Given that the current management contract on the golf course ends on October 3151 and requires the contractor to provide all business operational equipment, we believe there is insufficient time to develop a thorough RFP and to secure meaningful responses. Accordingly, our first recommendation is to renew the current contract for one additional year and plan to issue a RFP next spring for any additional management services needed. 2. Long-term use of the property requires that the clear zone issue be resolved through the proposed property exchange with the Airport Commission. Therefore, we recommend that we conclude this transaction. 3. An existing business adjacent to the golf course desires to expand immediately. I recommend that staff be authorized to determine if such expansion can be accommodated without undue interference with the current golf course operation and negotiate the sale of this limited area of the property, and; Members of City Council August 16, 2007 Page 2 4. Not seek formal proposals for the balance of the property's development for at least a year to allow time to assess the current housing market conditions. . Unless there are objections, I would suggest council instruct staff to proceed as outlined above. Sincerely, e..~~~ C. Nelson Harris Mayor c: Darlene L. Burcham, City Manager Brian Townsend, Assistant City Manager for Community Development Stephanie M. Moon, City Clerk Jesse A Hall, Director of Finance William M. Hackworth, City Attorney CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE. VIRGINIA 2401 1-]594 TELEPHONE: (540) 853-2444 FAX, (540) 853-1145 C. NELSON HARRIS Mayor August 16, 2007 The Honorable David B. Trinkle, Vice-Mayor The Honorable Alfred T. Dowe, Jr. The Honorable Beverly T. Fitzpatrick, Jr. The Honorable Sherman P. Lea The Honorable Gwendolyn W. Mason The Honorable Brian J. Wishneff Dear Members of City Council: Subject: Countryside Project Since our last council meeting and our decision to reject the development proposal for the Countryside project, I have met with the City Manager and staff to determine next steps. 1. Given that the current management contract on the golf course ends on October 3151 and requires the contractor to provide all business operational equipment, we believe there is insufficient time to develop a thorough RFP and to secure meaningful responses. Accordingly, our first recommendation is to renew the current contract for one additional year and plan to issue a RFP next spring for any additional management services needed. 2. Long-term use of the property requires that the clear zone issue be resolved through the proposed property exchange with the Airport Commission. Therefore, we recommend that we conclude this transaction. 3. An existing business adjacent to the golf course desires to expand immediately. I recommend that staff be authorized to determine if such expansion can be accommodated without undue interference with the current golfcourse operation and negotiate the sale of this limited area of the property, and; Members of City Council August 16, 2007 Page 2 4. Not seek formal proposals for the balance of the property's development for at least a year to allow time to assess the current housing market conditions. Unless there are objections, I would suggest council instruct staff to proceed as outlined above. Sincerely, c.'"1\~~ "- C. Nelson Harris Mayor c: Darlene L. Burcham, City Manager Brian Townsend, Assistant City Manager for Community Development Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney \ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk August 23, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a report of the City Planning Commission with regard to the naming of Countryside Golf Course and the Roanoke Civic Center Special Events Center, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2007. Action with regard to the naming of the Countryside Golfcourse was tabled indefinitely, and the City Manager was requested to brief the Council. on the current policy for naming public facilities, parks, streets, etc. Sincerely, ~'rn.~ Stephanie M. Moon, CMC . City Clerk SMM:ew pc: R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development 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 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virgiuia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural RHiew Board Buard of Zoning Appeals PlanninJ,:Commission August 20, 2007 1) 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: Naming of Countryside Golf Course after the late Roy Stanley Miller and the naming of the Roanoke Civic Center Special Events Center after the Honorable Lynwood Holton and the Late Honorable Elbert Lee Trinkle Planning Commission Action: The City Planning Commission considered the above subject matter at its regular meeting on July 19, 2007. After discussion and vote, the Commission made the following recommendations: 1. The Countryside Golf Course be named after the late Roy Stanley Miller; and 2. The Roanoke Civic Center Special Events Center not be named after the Honorable Linwood Holton and the late Honorable Elbert Lee Trinkle. Considerations: The Commission's Ordinance and Names Committee met on Monday, July 16, 2007, to discuss the referral by City Council to name the Countryside Golf Course after the late Roy Stanley Miller; and to name the Roanoke Civic Center Special Events Center after the Honorable Linwood Holton and the late Honorable Elbert Lee Trinkle. After discussion, the Committee recommended the naming of Countryside after Mr. Miller; however, they did not recommend naming the Special Events Center after former Governors Holton and Trinkle. Citing the Commission's naming policy, the Commission advised that Mr. Holton was currently living and the policy advised against naming public facilities after persons currently living. The Committee was also uncomfortable in naming the Center after the late Elbert Lee Trinkle, since he was a relative of a sitting Council member. The full Commission considered the matter on July 19th and opened the floor for public comment. Evelyn Bethel, 35 Patton Avenue, N.E., appeared before the Commission in support of the naming of Countryside after Roy Stanley Miller. Commission member Richard Rife said he was not in agreement with the Committee's recommendation to name the golf course after Mr. Miller because he was concerned it might be a temporary tribute if the property were sold and developed by a private entity. Recommendation: Bya vote of 4-1 (Mr. Rife voting against, and Messrs. Chrisman and Williams absent), the Commission voted to recommend that Countryside Golf Course be named after the late Roy Stanley Miller. By a vote of 5-0 (Messrs. Chrisman and Williams absent), the Commission voted not to recommend the naming of the Roanoke Civic Center Special Events Center after the Honorable Linwood Holton and the late Honorable Elbert Lee Trinkle. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E~mail: clerk@roanokeva.gov AECEIVEfJ JUN 1 2 2007 . '''~''~'r. R~:;,r,,~;r. RP'~OnKE tlll:'lnn... SfEPHANIE M. MOON. CMC City Clerk SHEILA N. HARIMAN Depu ty City Clerk June 21, 2007 William M. Hackworth City Attorney Roanoke, Virginia Henry Scholz, Chair City Planning Commission Roanoke, Virginia Gentlemen: At the regular meeting of the Council of the City of Roanoke held on Monday, June 21, 2007, Council Member Lea asked that Council consider naming the Countryside Golf Course after the late Roy Stanley Miller, a long time sports broadcaster for WDBJ Channel 7 and avid golfer; and Council Member Fitzpatrick also asked that consideration be given to naming the Roanoke Civic Center Special Events Center after the Honorable Linwood Holton and the late Honorable Elbert Lee Trinkle, former Virginia Governors of Roanoke. The matter was referred to the City Attorney and City Planning Commission for review. Sincerely, ~m.~h\/ Stephanie M. Moon, CMC . City Clerk SMM:ew J!_~~_!l!:!ene L. Burcham, City Manager R. Brian-Townsend;-Agent;City-Planning-Eommission---------- n / I' , , ~ . c... _t, Roanoke City Planning Commission Naming Policy September 3, 1996 GENERAL GUIDELINES · Existing public facilities (i.e., bridges, tunnels) should not be renamed for people or areas for the sake of changing names. · New public facilities having a major impact on the City should be identified in such a way to make them unique and should be based on cultural or historical names. · New or existing public facilities should not be named after or for an individual or person ,currently living. SPECIFIC GUIDELINES PARKS I. · Naming of public parks should be based on the following: (1) region of the City in which the park is located; geographic feature; persons who had donated land or made major contributions toward the development of the park; or historic figures of significant status. · Smaller neighborhood parks could bear the name of a deceased individual. Larger regional parks should be named after their geographic location. · Smaller recreational facilities (i.e., athletic fields within a park) can be named in honor of persons who made a significant gift to the City towards improving recreational facilities or made a significant contribution to the City of Roanoke. STREETS · . Naming of streets should relate to the following elements: (1) area in which it is located; (2) historical relationship; (3) deceased noted person, related to the area; (4) any other suitable name that is considered by the Agent to the Planning Commission and the community to be fitting, practical or in compliancewith all other street naming guidelines. .... ROANOKE VALLEY ~RFSOURCEAuTHORITY ROANOKE V ALLEY RESOURCE AUTHORITY ROANOKE CITY COUNCIL ROANOKE COUNTY BOARD OF SUPERVISORS AUGUST 22, 2007 12:00 P.M. This is a joint meeting of the City of Roanoke, the County of Roanoke, and the Roanoke Valley Resource Authority. The meeting is being held at the Roanoke Valley Resource Authority, Tinker Creek Transfer Station, Community Room, 1020 Hollins Road, N.E., Roanoke, Virginia. A. WELCOME: Bittle W. Porterfield III, Chairman Roanoke Valley Resource Authority ***Lunch*** B. CALL TO ORDER: Roanoke Valley Resource Authority City of Roanoke County of Roanoke C. REMARKS AND INTRODUCTIONS: Mayor Nelson C. Harris Chairman Joseph P. McNamara D. PRESENTATION: Dan Miles, Chief Executive Officer Roanoke Valley Resource Authority E. COMMENTS BY ROANOKE VALLEY RESOURCE AUTHORITY, CITY COUNCIL, AND BOARD OF SUPERVISORS F. RECESS: Roanoke Valley Resource Authority G. ADJOURNMENT: City of Roanoke County of Roanoke .:' 1[gJ 2[gJ 3[gJ 4[gJ s[gJ 6[QJ 7[gJ CITY/COUNTY JOINT MEETING Augu.t22,2007 D.nleID.MII..,P.I!. Chu,fEx<H;url~. OHlc.r 1. Facilities 2. Finances 3. Future FACILITIES Tinker Creek Transfer Station ~Scales >- Receiving Station & Rail Loading Operation >- Wasteline Express FACILITIES Tinker Creek Transfer Station );>Recycling Drop-OffCenler Tub Grinder While Goods Tires FACILITIES Smith Gap Landfill >>- Receiving Station & Rail-Car Tipper );>MSWLandflll 1200 Acre Site (100 acres Phases I-IX) Phase V Construction Approx. 40 years life remaininglhrough Phase IX More than 100 years site life remaining FACILITIES )0> 28 Employees ~ 185,000 tons of MSW >- Received 2.1 M tons total )0> Landfilled 1.9 M tons total . Recycled approx. 200,000 tons . >1 year of waste received FACILITIES Rutrough Road Landfill 1 , s[gJ III 9[gJ 11] lO[gJ 11[gJ 12[Q1 1319 ~ Post-Closure Care Status ~VLHLea'e V {l\ 1 ~ ~ ~ \... ~~..~ ~ i~':j FINANCES: Expenditures FY'07 Budt!et Operating = $4.945,719 Trans. to Reserves = $1,160,000 Debt Service = $2,757,319 Total = $8,863,038 I] FY'07 Actual $5,065,804 $1,160,000 $2,728,176 $8,953,980 FINANCES: Revenues [21 FY'07 Bude:et Disposal Fees = $7,429,700 Interest Income = $482,720 Gen. Surplus Trans = $783,555 Recyc. Mat'I Sales = $26,000 Trans. Rutrough Rd. = $68,065 Total = $8,790,040 FY'07 Actual $8,634,125 $973,904 $783,555 $23,533 $68,065 $10,482,403 FUTURE .. Infrastructure .. Technology . Gas to Energy (Ethanol) .. Hollins Road Widening .. Services 2 I I I I I I I I I I I I I I I I I I I ~ I ri: ,... I.; 1-- Z 11-' ui t __.. III! f:; L ,~ 0.- ... 2 ur~ . \ lIiIi .. G) III .. :&". 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