HomeMy WebLinkAboutCouncil Actions 01-19-10
MASON
38690-011910
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY 19, 2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by The Reverend Ken R. Runyon, Minister,
Edgewood Christian Church.
Moment of Silence for Earthquake Victims in Haiti.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, January 21 at 7:00 p.m., and Saturday, January 23 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE 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.
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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. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of students visiting from Wonju, Korea.
Presented Citizenship certificates to Korean students.
Resolution commending the Kiwanis Club of Roanoke on its 90th anniversary.
Presented ceremonial copy of Resolution No. 38690-011910 to Ken Briggs,
President, Kiwanis Club of Roanoke Board of Directors.
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3. 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.
Colonel Robert Craig, Robert Gravely and Evelyn Bethel appeared before
Council.
4.
CONSENT AGENDA
(APPROVED 7-0) \
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the special meeting of the City Council Personnel Committee held
on Wednesday, October 15, 2009; and the regular meeting of Council held on
Thursday, October 22,2009.
RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and
approved as recorded.
C-2 A communication from the City Attorney requesting that Council convene in a
Closed Meeting to consult with legal counsel on a specific legal matter requiring the
provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, February 1,2010 at 2:00 p.m., or as soon thereafter as
the matter may be heard, to allow placement of easements in connection with the
Roanoke River Flood Reduction Project.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss the disposition of publicly-owned property, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of Total Action Against Poverty (TAP) to. share activities held
throughout 2009. Owen Shultz, Vice President of Fund and Program
Development, Spokesperson. (Sponsored by Vice-Mayor Lea and Council
Member Rosen)
Remarks received and filed.
b. Request of the Roanoke City Electoral Board regarding a temporary change
in polling place from the National Guard Armory to the Roanoke City School
Maintenance Building.
Adopted Ordinance No. 38691-011910. (7-0)
c. A communication from Council Member Gwendolyn W. Mason.
recommending an amendment of the policy regarding disposition and use of
property by the Roanoke City Public Schools.
Adopted Resolution No. 38692-011910. (7-0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance and appropriation offunds in connection with the Rescue
Squad Assistance Fund grant from the Virginia Office of Emergency
Medical Services.
Adopted Resolution No. 38693-011910 and Budget Ordinance No.
38694-011910. (7-0)
2. Acceptance of the Juvenile Accountability Block Grant from the
Department of Criminal Justice Services; and appropriation and
transfer of funds.
Adopted Resolution No. 38695-011910 and Budget Ordinance No.
38696-011910. (7-0)
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3. Approval of major design features in connection with the 10th Street
Improvements.
Adopted Resolution No. 38697-011910. (7-0)
4. Amendment of the City Code to authorize the Clerk of Circuit Court to
require fingerprinting for cyrtain concealed weapon permits.
Adopted Ordinance No. 38698-011910. (7-0)
5. Authorization to grant a 15-foot wide easement to Verizon Virginia,
Inc., for installation of a communication system to serve the new
Police Academy.
Adopted Ordinance No. 38699-011910. (7-0)
6. Authorization to grant a 15-foot wide easement to Cox
Communications, Inc., for installation of a communication system to
serve the new Police Academy.
Adopted Ordinance No. 38700-011910. (7-0)
7. Approval of an encroachment into the public right-of-way located in
the 3200 block of Williamson Road, N. W., to install banners.
Adopted Ordinance No. 38701-011910. (7-0)
8. Transfer of funds in connection with the purchase of snow removal
chemicals.
Adopted Budget Ordinance No. 38702-011910. (7-0)
COMMENTS BY CITY MANAGER.
The City Manager provided an update on snow removal preparedness. She
also shared information regarding events in recognition of Dr. Martin L. King,
Jr. birthday. Recognition of the City Manager for receiving the SCLC
President's Award at its Annual MLK Banquet on Friday, January 15, 2010.
b. DIRECTOR OF FINANCE:
1. Briefing with regard to Capital Improvement Program.
(Briefing held in the Council's Conference Room)
2. Appropriation of fund balance designated for self-insured liabilities.
Adopted Budget Ordinance No. 38703-011910. (6-0) Council
. Member Mas.on was not present when the vote was taken.
3. Financial Report for the month of November 2009.
Received and filed.
5
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting funds for various
capital projects; and a report of the Director of Finance recommending that
Council concur in the request. Vivian Penn-Timity, Director of Accounting,
Spokesperson.
Adopted Budget Ordinance No. 38704-011910. (7-0)
b. A report of the Roanoke City School Board requesting funds for various
educational programs; and a report of the Director of Finance recommending
that Council concur in the request. Vivian Penn- Timity, Director of
Accounting, Spokesperson.
Adopted Budget Ordinance No. 38705-011910. (7-0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution with regard to the Roanoke Community College Access Program
(CCAP).
Adopted Resolution No. 38706-011910. (7-0)
b. A resolution in support of a bus service from Roanoke to the Lynchburg
Amtrak train station.
Adopted Resolution No. 3Q707-011910. (7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Cutler congratulated City staff on the production of the
2010 Municipal Calendar. He called -attention to the Annual Virginians
For the Arts Foundation Conference scheduled January 26-28, 2010,
and inquired if Susan Jennings, Public Arts Coordinator, would be in
attendance. He asked for status report on the demolition of the
National Guard Armory, assisting the Roanoke Valley Preservation
Foundation with a new location within the City, and Arts Council
proposal for reuse of Historic Fire Station No.1.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
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COUNCIL MEETING DECLARED IN RECESS FOR A BRIEFING AND CLOSED
MEETING.
Mayor Bowers left during the Closed Meeting.
Council Member Rosen left prior to the certification of the Closed Meeting.
CERTIFICATION OF CLOSED SESSION. (5-0, Mayor Bowers and Council
Member Rosen were absent.)
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ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY 19, 2010
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
Moment of Silence for Earthquake Victims in Haiti.
The Pledge of Allegiance to the Flag of the United States of America was led
by Cubs Scout and Boys Scout Troop No. 210.
Welcome. Mayor Bowers.
The Mayor recognized Jackson Middle School 8th grade Civics and Economics
Class and Vince Mier, Teacher.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, January 21 at 7:00 p.m., and Saturday, January 23 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
/
A. PUBLIC HEARINGS:
1. Request of the City of Roanoke to consider creating a stormwater utility.
Darlene L. Burcham, City Manager.
Matter was tabled.
8
At this point, Vice-Mayor Lea left the meeting.
2. Request of Trustees of Pilgrim Baptist Church to permanently vacate,
discontinue and close an alley off of 8th Street, N. W., adjacent to parcels
bearing Tax Nos. 2032001, 2030801 and 2030803. Nathan Tuning,
Chairman, Spokesperson.
Adopted Ordinance No. 38708-011910. (5-0, Mayor Bowers abstained
from voting.)
3. Request of Virginia Lutheran. Homes, Inc., to amend the development plan to
enable redevelopment of the southern end of the property located at 3804
Brandon Avenue, S. W. Scott Geddes, Esquire, Spokesperson.
Adopted Ordinance No. 38709-011910. (6-0)
4. Request of D & S Development Group, LLC, to repeal certain proffers as set
forth in Ordinance No. 28387 adopted by the Council on October 20, 1986,
and to rezone 4403 Woodbridge Avenue, N. W., and a 7.52 portion of the
I
adjacent parcel, from CG, Commercial General District, to R-3, Residential
Single Family District. Scott Easter, PE, Spokesperson.
Adopted Ordinance No. 38710-011910. (6-0)
5. Proposal of the City of Roanoke to lease approximately 418 square feet of
City-owned property located in the Roanoke City Market Building to Azar
Jewelry, Inc., on a month to month basis, beginning February 1,2010, notto
exceed one year. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38711-011910. (6-0)
6. Proposal of the City of Roanoke to lease approximately 210 square feet of
City-owned property located in the Roanoke City Market Building, to Eddie
Soo Park d/b/a Tokyo Express on a month to month basis beginning
February 1, 2010, not to exceed one year. Darlene L. Burcham, City
Manager.
Adopted Ordinance No. 38712-011910. (6-0)
B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY
COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEAI~.D.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL. BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Robert Gravely appeared before the Council.
C. ADJOURN. 9:30 p.m.
9
~
all ~o~n
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of January, 2010.
No. 38690-011910.
A RESOLUTION paying tribute to the Kiwanis Club of Roanoke, recognizing ninety years of
service to the Roanoke Valley.
WHEREAS the Kiwanis Club of Roanoke was chartered ninety years ago, in January of 1920,
with 118 members;
WHEREAS with its motto "We Build," Kiwanis has a well-deserved reputation as an
organization that can respond quickly and fairly to requests for help, tapping into the resources,
knowledge, energy, and compassion of its members to serve the unmet ~eeds of children, youth, and
the elderly;
WHEREAS the group has donated generously to the community, for example raising
approximately $40,000 per event in recent years from the annual Kiwanis Pancake and Auction Day,
with another $20,000 a year from the Kiwanis Foundation;
WHEREAS the Kiwanis Club of Roanoke has provided funding, volunteer hours, and
leadership to support a wide range of causes, from academic scholarships, Key Clubs for high schools,
Builder's Clubs for middle schools, and the West End Center's .Tutorial Program, to children's
immunization programs, Girl Scouts, Boy Scouts, and CHIP, to the League of Older Americans' Meals
on Wheels program, the Adult Care Center, and environmental projects such as the Lick Run
Greenway;
WHEREAS the club has always attracted members from different walks of life and varied
backgrounds, thus encouraging better understanding across political and cultural divides;
WHEREAS this very diverse group comprised of elected officials, businesspersons,
. administrators, professionals, bankers, educators, and others comes together with the singular purpose
of serving the needs of those less fortunate;
WHEREAS Roanoke's club has forged valuable connections with other Kiwanis clubs across
the nation and the world by participating in inter-club activities, attending international conventions
and hosting visits from international students, and by appointing members to serve in leadership roles
in district and international offices; and
WHEREAS the Kiwanis Club of Roanoke has achieved recognition as one of the oldest,
largest, and most successful Kiwanis Clubs in the world.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing and commending the Kiwanis Club of
Roanoke for ninety years of service to the Roanoke Valley.
2. The City Clerk is directed to forward an attested copy of this resolution to the Kiwanis Club of
Roanoke Board of Directors, Ken Briggs, President.
ATTEST:
~rn. rnO\hV
- Stephanie M. Moon l
~ City C/e,k
.....
~,~
David A. Bowers
Mayor
i.
CITY OF ROANOKE
OFFICE OF CITY ATIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATrORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityally@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY AlTORNEYS
January 19, 2010
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting for consultation with legal
counsel on a specific legal matter requiring the provision oflegal advice by such counsel, pursuant to
S2.2-3711.A.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
w~~,~
William M. Hackworth
City Attorney
WMH/lsc
c: Darlene L. Burcham, City Manager
Ann Shawver, Director of Finance
Stephanie Moon, 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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request Public Hearing / Deed of
Reservation on Tax Map Nos.
1322024, 1420101 R, 14201 02R,
1420103R, 1420104Rand
1321 SO 1 R for construction of
greenway from Memorial Bridge
to Bridge Street
Background:
The City and U.S. Army Corps of Engineers are preparing documents for a
February invitation to bid for the construction of a greenway from the Memorial
Bridge to Bridge Street. As part of the Local Cooperation Agreement with the
U.S. Army Corp of Engineers, the City must reserve easements on the above
referenced City owned parcels to allow the placement of certain trail
improvements. A public hearing is required before the easements may be
reserved on the City owned land.
Considerations:
The Deed of Reservation will allow the placement of easements on the above
referenced parcels in connection with the Roanoke River Flood Reduction
Project.
Honorable Mayor and Members of City 'Council
January 19, 2010
Page 2
..
Recommended Action:
Schedule a public hearing to be held on Monday, February 1, 2010, at 2:00 p.m.
on the above matter. A full report will be included in the February 1, 2010,
agenda material for your consideration.
Respectfully submitted,
Darlene L. rcham
City Manager
DLBjLEPjlmb
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
Robert K. Bengtson, PE, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
CM10-00012
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
January 19,2010
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting to discuss the disposition of
publicly-owned property, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to S2.2-3711.A.3, Code of Virginia
(1950), as amended.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB/lsc
cc: William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
M. Rupert Cutler
Sherman P. Lea
Gwen W. Mason
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
January 19, 2010
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Owen Shultz, Vice-President of Fund and
Program Development, Total Action Against Poverty, (TAP), to highlight activities
coordinated by TAP in 2009 at the regular meeting of City Council to be held on
Tuesday, January 19, 2010, at Z:OO p.m.
Sincerely,
~ ;AI-
Sherman P. Lea
Vice-Mayor
~
Court G. Rosen
Council Member
SPUCGR:ctw
Page 1 of 2
Report to the City of Roanoke
Regarding the Accomplishments of TAP
During the fiscal year 2008--2009
And the status of present work during 2009-2010
In thanks for your Continuing Support
TAP offers 34 programs that directly impact critical needs of the residents of the City of
Roanoke. The City's contribution last fiscal year of $210,832 enabled much of the work
for the 14 specific programs below, providing critical match funds, discretionary funds to
fill unmet needs, and outright support of our programs. This year's contribution of
$168,666 has allowed continuation of our efforts for those most in need.
Here is an abbreviated list of these programs and their accomplishments.
Educational Programs
TVW's Project Recovery located and encouraged 143 school dropouts to return to school;
of those, 92 reenrolled in public school or alternative education; 70 have already been
helped this year.
TVW's OED program helped 75 students either complete their secondary education or
obtain a OED certificate; 46 have already been helped this year.
TVW's Project Discovery provided college access services to 179 first generation college-
bound students; and of the high school seniors in the program, 35 graduated, and 26
enrolled in higher learning institutions; 145 are in the program this year.
Employment Services
14 city youth, who had been school dropouts, received a training certification indicating
that they have mastered core competencies through TVW's Youthbuild construction trades
program, and 7 secured employment due to their training; 43 are in the program this year,
with added instruction in CNA Nursing and Building Maintenance training.
174 adults found full or part-time jobs through TVW's employment and training
programs; 92 have already secured jobs during the current year.
Services to the Previously Homeless
TAP' s Transitional Living Center provided 24-hour daily shelter, food, clothing and
supportive services (case management, life skills, and counseling) for up to 60 days to 100
homeless persons, including children, requiring transitional services within the City of
Roanoke. Long-term transitional services were provided to 50 homeless participants. 14 of
those adult residents who could seek work found it, and 33 of those residents moved into
suitable, affordable, permanent housing; 37 have been helped by the TLC so far this year.
( over)
Page 2 of 2
Services to the Previously Incarcerated
Families in Transition' s VA CARES program supported 250 ex-offenders returning to the
City of Roanoke. Services included housing, clothing, transportation, food, one-on-one
counseling, referrals, job readiness and employment and career counseling, job readiness
skills training, and 78 secured employment. 152 ex-offenders have been helped this year so
far.
The program also provided fatherhood skills training to at least 86 non-custodial fathers,
many of whom will also participate in the VA CARES ex-offender program; 38 of those
fathers (many previously unemployed) increased their child support payments by 20%
overall. 63 participants have increased their skills through parent education so far this year.
Services to Victims of Domestic Violence
Families in Transition's Women's Resource Center provided comprehensive crisis
intervention services and safety/health assessments to 115 victims and children needing
emergency care due to domestic violence; and continued to provide support for 25 victims
of abuse who were not ready to end abusive relationships. 50 victims have been helped so
far this year.
Financial Services
Business SEED assisted in the formation of ten new businesses within the City of
Roanoke, through provision of business technical assistance, including direct micro-loans
to 6 emerging businesses.
The IDA (Individual Development Account) matched-savings program assisted and trained
25 low-income City of Roanoke residents to develop assets for new home purchase,
business start-up, or educational expenses.
The EITC (Earned Income Tax Credit) Program provided free federal and state tax return
preparation assistance to 601 residents, allowing 280 to claim EITC worth $371,517 and
60 residents to claim Child Care Tax Credits worth $97526, for a total of $469,043.
Economic Impact
TAP is able to leverage $8.27 from every state and local dollar invested, and has an overall
economic impact of at least twice its operating budget, which this year is nearly
$20,000,000 - due to a significant influx of Recovery dollars - with much of that
"" expenditure (at least 75%) occurring in the Roanoke area.
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
January 21, 2010
Lavern L. Grigsby
General Registrar
Roanoke, Virginia
Dear Ms. Grigsby:
I am attaching copy of Ordinance No. 38691-011910 changing the
polling place for Precinct #008 Jefferson #2 from the National Guard
Armory, 32 Reserve Avenue, S. W., .to the Roanoke City School
Maintenance Building, 250 Reserve Avenue, S. W.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Sincerely,
~'<\'\.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Dr. Rita Bishop, Superintendent of Roanoke City Schools
K:\Agenda Correspondence\January 19, 20 1 O\January 19,2010 Correspondence. doc
\t ..i
IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA
The 19th day of January, 2010.
No. 38691-011910.
AN ORDINANCE changing the polling place for Precinct #008 Jefferson #2 from the
National Guard Armory, 32 Reserve Avenue, S.W.; to the Roanoke City School Maintenance
Building, 250 Reserve Avenue, S.W.; and dispensing with the second reading by title of this
'ordinance.
WHEREAS, the National Guard Armory, 32 Reserve Avenue, S.W., is the regular polling
place for Precinct #008 Jefferson #2;
WHEREAS, the Armory will be demolished in early 2010;
WHEREAS, by Resolution dated January 6,2010, the Roanoke City Electoral Board has
recommended the emergency relocation ofthe polling place for Precinct #008 Jefferson #2 to the
Roanoke City School Maintenance Building, 250 Reserve Avenue, S.W., such polling place being
located within such precinct as required by 924.2-310, Code of Virginia (1950), as amended; and
WHEREAS, the Electoral Board has given notice of such relocation of polling place to the
State Board of Elections and has obtained approval of such change from the Board pursuant to
. ( !
924.2-310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this
change in polling place by mail to all registered voters in the Precinct #008 Jefferson #2 at least '-'
fifteen (15) days prior to all elections, and public notice of such change, pursuant to 924.2-306, Code
of Virginia (1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The polling place for Precinct #008 Jefferson #2 shall be relocated on an emergency
basis from the National Guard Armory, 32 Reserve Avenue, S.W., to the Roanoke City School
Maintenance Building, 250 Reserve Avenue, S. W., until such time as a new permanent polling place
can be found and a~proved.
2. The City Clerk is directed to forward attested copies of this ordinance to Lavern L.
Grigsby, General Registrar, so that notice of this change in polling place can be mailed to all
registered voters of Jefferson #2 Precinct #008, and to the Chief, Voting Section, Civil Rights
Division, United States Department of Justice.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~h1.~
City Clerk. l
MEMORANDUM
To: Stephanie Moon, City Clerk
cc: Darlene Burcham, City Manager
William Hackworth, City Attorney
From: Lavern Grigsby, General Registrar f-~
Date: January 11,2010
Subject: Emergency Change of #008 Jefferson #2 Polling Place
The Roanoke City Electoral Board is seeking the following emergency change of
Precinct #008, Jefferson #2 polling place from National Guard Armory located at 32
Reserve Ave., SW., to The Roanoke City Schools Maintenance Building, located at-250
Reserve Ave., SW. The City Manager, Darlene Burcham hasrequested the move
because the polling place will be demolished in early 2010. Due to preliminary work that
needs to be accomplished prior to demolition (e.g. asbestos removal) the National Guard
Armory should not be considered for use as a voting district.
(See resolution)
Normally Section 24.2-306, which prohibits us from moving a polling place 60 days
before an election and without prior approval from the Justice Department would be in
affect. Our intent was to move the polling place in time for the May 4, 2010 General
Election, and June 8, 2010 Primary, if called, however due to the current circumstances
and a Primary Election to be held on March 2, 2010, we have no choice but to request
expedited approval for an emergency move to another location now.
Section 24.2-306, also states that notice of any adopted change in any election district,
town, precinct, or polling place shall be mailed to all registered voters whose election
district, town, precinct, or polling place is changed at least 15 days prior.
We are requesting that this matter be brought before City Council on January 19,2010
public meeting. Although I am still required to submit for expedited approval from the
Justice Department, I will have to proceed with the move as approved by the State Board
of Elections. The appropriate notification for emergency expedited approval has been
forwarded to the City Attorney for submission to the Department of Justice.
19:
Attachment
RESOLUTION
CITY OF ROANOKE ELECTORAL BOARD
The City of Roanoke Electoral Board voted unanimously to seek Department of Justice
Approval to move the following precinct for the reason stated as follows:
We have been notified by the City Manager, Darlene Burcham that Precinct #008, Jefferson
#2 known as National Guard Armory will be demolished in early 2010. Due to preliminary
work that needs to be accomplished prior to demolition (e.g. asbestos removal), we should
not consider continued usage.
Therefore, the Electoral Board has decided that it is in the best interest of the voters to move
the location of the precinct temporarily to another facility that are able to meet the needs of
the voters and better suited to meet the guidelines of the Americans with Disabilities Act.
Change
From: National Guard Armory
32 Reserve Avenue, SW
Roanoke, Virginia 24016
Temporary Change - To:
The Roanoke City Schools Maintenance Building
250 Reserve Avenue, SW
Roanoke, Virginia 24016
The polling site is located on the same street and is within the boundaries and precinct lines.
Permission has been granted by Blue Ridge Independent Living who has completed an ADA
survey to authorize it's compliance with current ADA standards. The City Attorney will be
asked to prepare submission for emergency expedited Justice Department Approval.
Deirdre J. M n, ecretary
City of Roanoke Electoral Board
January 6, 2010
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: cIerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
January 21,2010
.0:. Rita Bishop, Superintendent
Roanoke City Schools
Roanoke, Virginia
Cindy Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Ladies:
I am enclosing copy of Resolution No. 38692-011910 approving an
amendment to City Council's policy for the transfer of real property
from custody and control of the School Board to the City, upon
approval by the School Board.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19,2010.
Sincerely,
~ t'r\. '^'tev-J
Stephanie.M. Moon, CMC
City Clerk
Enclosure
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
K: \Agenda Correspondence\J anuary 19, 20 I O\January 19, 2010 Correspondence. doc
~r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38692-011910.
A RESOLUTION approving an, amendment to City Council's policy for the transfer of real
.
property from custody and control of the School Board to the City, and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council endorses and approves the amendments to City Council's policy currently entitled
"Release of Real Property From Educational Uses" dated September 9, 1985, as proposed to be amended
and renamed "Use of City Owned Property by School Board" dated January 19,2010, as recommended in a
report to Council dated January 19, 2010, from Council Member Gwen Mason in order to provide for the
, orderly transfer of real property from the custody and control ofthe School Board of the City of Roanoke to
the City, and to provide for the return to the School Board of proceeds from the disposition or use of
property dedicated to school use.
2. The City Clerk is directed to transmit an attested copy of this resolution to the School
Board of the City of Roanoke and to the School Superintendent.
3. The amended policy referred to above shall take effect upon its approval by the School
Board.
ATTEST: .
~ rn. ~ft>\J
City Clerk.
K:IMEASURESISCHOOL TRANSFER POLICY 2009.DOC
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVIDA. BOWERS
Mayor
January 19, 2010
Council Members
M. Rupert Cutler
Sherman P. Lea
Gwen W. Mason
Anita 1. Price
Court G. Rosen
David B. Trinkle
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: Disposition and Use of Property by Roanoke
City Public Schools
Backqround:
The School Board has requested that the proceeds from the sale of real property used for
school purposes be allocated to school capital projects. It has also been requested that
Roanoke City Schools be allowed to realize the resulting benefit associated with any
potential public-private partnership or other transaction concerning the use of real property
used for school purposes. Such transactions can include, but not be limited to, the lease of
real property, exchange of real property, or other transactions that result in a benefit or
value to Roanoke City Public Schools.
Considerations:
Allocating the proceeds from the sale of real property used for school purposes to school
capital projects, as well as allowing Roanoke City Public Schools to realize the resulting
benefit associated with any public-private partnership or other transaction, can potentially
mitigate the level of debt required for new school capital projects.
In 1985, City Council and the School Board adopted a policy on the Release of Real
Property from Educational. Use. This policy would have to be amended to address the
request of the School Board. The disposal of surplus real property, as well any public-
private partnership involving the use of real property owned by the City of Roanoke would
continue to be subject to Council approval.
Honorable Mayor and Members of Council
January 19, 2010
Page 2
Recommendation:
Adopt the attached resolution approving an amended policy (copy attached) to provide for
the allocation of the net proceeds from the sale of real property owned by the City of
Roanoke previously used for school purposes to school capital projects as well as the
resulting benefit associated with any public-private partnership involving real property
owned by the City of Roanoke used for school purposes, subject to Council approval.
~
c: Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Chairman and Members, Roanoke City School Board
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent of Roanoke City Public Schools
Use of City - Owned Property by School Board
(January 19, 2010)
I. Backaround
The City of Roanoke holds title to real estate, including the buildings and improvements
thereon, used for school purposes. All properties dedicated for school use are under the care,
management and control of the School Board, which shall maintain such properties in good
repair and in accordance with the standards established by the City of Roanoke Building Code
in existence at the time of construction of each building or addition thereto.
,.
The School Board agrees that it will bring to the attention of City Council any significant
problems which either affect the usability of a building or addition or which may require major
capital improvements. Unless an emergency condition exists, the normal method used by the
School Board to inform City Council of any significant building problem will be through the
School Board's Five-year Capital Improvement Plan. '
II. Purpose
This policy is designed to ensure the orderly transfer of property from School Board use
to City Council and to ensure that proper maintenance, security, and insurance protection will be
maintained during the transition period.
III. Scope
This policy shall apply when the School Board has determined:
A. That a school site is no longer needed for educational purposes;
. B. That a building within a school site is no longer needed for education purposes;
C. That a pUblic-private partnership opportunity for a school site or building may be
beneficial; or
D. That a school building is not safe for use as a school facility.
. ,
IV. Definitions
For purposes of this policy, the following definitions shall apply:
School site - shall mean one or more parcels of real property, including the buildings and
improvements thereon, dedicated and used for school purposes.
School buildino - shall mean a City-owned building or structure which has substantial
value and which has been dedicated and used for school purposes.
Essential fixture or eauipment - shall mean an item or thing which is permanently affixed to
realty by roots, by being embedded in it, by permanently resting upon it, or by being
permanently attached to realty by means of cement, plaster, nails, bolts, screws, or similar
devices to include:
A. lighting and other electrical fixtures and controls;
B. heating and cooling fixtures, including thermostats and other controls, such as fans
and blowers; and
C. plumbing fixtures, including valyes and other essential devices.
Essential fixtures or equipment shall not include intercom systems installed by the
School Board or the following school cafeteria items: tray rails, steam tables, grilles,
stove hoods with fire suppression kits, tray racks, work tables (metal and wooden);
dishwashers, refrigerators, disposals, warming cabinets, kettles, fire extinguishers, sneeze
guards, ovens, mixers, fans, ducts, table wear racks, sinks, stoves, freezers, grease traps,
racks, or shelvill9;
Public Private PartnershiD - shall mean, but not be limited to, the lease of real
property used for school purposes to others, the exchange of real property used for
school purposes, or other real estate transactions that result in a benefit or value to
Roanoke City Public Schools.
V. Procedures
The following procedures shall govern the disposition of City-owned property used
by the School Board:
A. Initial Notification
1. The School Board shall notify the City Council, by resolution, of its intent to declare a
school site or a school building no longer to be needed for school purposes. Such
notification shall be transmitted by letter stating the basis for such determination.. The
communication may also contain a recommendation for future use of the site or
property if razing is not intended.
2. In any case in which a school building is declared unsafe for school use, a report of the
finding shall be promptly transmitted to Council.
B. Notification - Public-Private Partnership
1. The School Board shall notify the City Council by resolution of its request to
enter into a public-private partnership for a school site or building. Such
notification shall be transmitted by letter stating the basis for such
determination.
2. City Council shall approve by resolution the request by the School Board to .
enterinto a public-private partnership for a school site or building.
C. Subseauent Notification
The School Board shall by resolution advise the City Council between the 12th and 15th
month after giving the initial notification of intent per this section that:
1. The School Board does in fact intend to return the property to the City; or
2. The School Board no longer intends to return ,the property.
D. Acceptance
City Council shall accept the property by resolution within sixty (60) days after being
notified pursuant to subsection C:
E. Inspection
A joint inspection by City and School Board representatives shall be performed within sixty
(60) days after the initial notification by the School Board of its intent to vacate the facility.
The results of the joint inspection shall be reduced to written form and transmitted to both
the City and School Board.
F. Fixtures and Equipment
The School Board shall leave all essential fixtures and equipment in place within the
structure to be transferred intact until a joint inspection by City and School Board
representatives shall result in a mutual agreement in writing of the items which may be
removed by the school system without impairment to future use of the structure.
G. Razinq
Upon the request or concurrence by City Council and the appropriation of funds for such
purpose, the School Board shall arrange for the razing of all improvements on the site
prior to the transfer.
H. Maintenance
The School Board shall provide for continued maintenance and security of the property to
be relinquished until one of the following occurs:
1. The School Board, upon the request or concurrence by City Council and the
appropriation of funds for such purpose, razes the improvements on the property, or
2. The property is transferred to another agency or owner or is returned for City use.
In any event, the responsibility for maintenance and security shall be assumed by the City
not later than twelve (12) months after the subsequent notificatipn provided.
I. Insurance
Should the facility,be vacated, insurance coverage provided by the School Board will
automatically lapse within sixty (60) to ninety (90) days after the facility is vacated. Upon
such lapse, the City will assume insurance responsibilities and will obtain any insurance
coverage deemed appropriate.
J. Proceeds From Sale Of Propertv/Benefit From Public-Private Partnership
If the school site or school building is sold, the net proceeds from the sale shall be
allocated to the School Board for capital projects. The School Board shall be
allowed to realize the resulting benefit associated with any public-private .
partnership involving a school site or building, subject to Council approval.
VI. Variance From Policv
Any provision of this policy may be waived or modified by mutual agreement in writing of
the City Council and ~chool Board.
VII. Effective Date
This policy shall be effective upon adoption by the School Board and City Council.
~s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38693-011910.
A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to
the City by the Virginia Department of Health, Office of Emergency Medical 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 Rescue Squad Assistance Fund
'\
(RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency
Medical Services, in the amount of $48,667, with a local match of $48,667, making a total
funding of $97,334, to be used to purchase nine new powerlift stretchers, as more particularly
described in the letter of the City Manager to Council, dated January 19, 2010.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any necessary documents to accept the grant, in a form approved 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:
~ 0l1. m00v
.', CityC1erk. I
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38694-011910.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining
certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Other Equipment
Revenues
RSAF Stretchers - State FY10
RSAF Stretchers - Local FY10
35-520-3700-9015
$ 97,334
48,667
48,667
35-520-3700-3700
35-520-3700~370 1
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~~. Tr;aW
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
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita]. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Virginia Office of EMS Grant
Acceptance
Background:
The Virginia Office of Emergency Medical Services (OEMS) supports local fire
and EMS departments throughout the state. Roanoke Fire-EMS has been
awarded funding from the Financial Assistance for Emergency Medical Services
Grant Program, known as the Rescue Squad Assistance Fund (RSAF). The OEMS
has awarded a grant totaling $48,667 to purchase nine new powerlift
stretchers. This grant requires a local 50/50 match of $48,667. The total
funding for this project is $97,334.
Considerations:
City Council action is needed to formally accept and appropriate these funds,
and authorize the Director of Finance to establish revenue estimates and
appropriations to purchase the powerlift stretcher in accordance with provisions
of this grant.
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney.
Adopt the accompanying resolution accepting this grant.
Adopt the accompanying budget ordinance to establish revenue estimates for
funding of $48,667 in account 35-520-3700-3700 and matching local funds
totaling $48,667 in account 35-520- 3700-3701. Transfer funding in the amount
of $48,667 from Local Match Funding for Grants (35-300-9700-5415.)
Establish an expense account totaling $97,334 in account 35-520-3700-901 5.
I
Respectfully submitted,
Darlene L. Bu cham
City Manager
DLB:TB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
David Hoback, Fire-EMS Chief
CM 10-00002
'"
OIJ[
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of January, 2010.
No. 38695-011910.
A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the
Virginia Department of Criminal Justice Services on behalf ofthe City, authorizing the Cityto serve as the
fiscal agent for distribution of the grant proceeds, and authorizing execution of any and all necessary
documents to comply with the terms and conditions ofthe grant and applicable laws, regulations, and
requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Juvenile Accountability Block Grant funds received from the Virginia Department of
Criminal Justice Services, in the amount of $40,581, is to be awarded jointly between the City of
Roanoke and the County of Roanoke, with a match of$1,054 from the City of Roanoke, together with
general funds of $2,255, and $596 from Total Action Against Poverty and $605 from the Conflict
Resolution Center, making total funding in the amount of$45,091, as set forth in the City Manager's
letter, dated January 19, 2010, to this Council is hereby ACCEPTED.
2. The City of Roanoke is hereby authorized to be the fiscal agent for distribution ofthe grant
proceeds.
3. The City Manager, or the City Manager's designee, is hereby authorized to execute any and
all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such
additional information as may be required in connection with the City's acceptance of these grant funds.
All documents shall be approved as to form by the City Attorney;
~SJ: .. \
~rn. }y-,fNyJ
City Clerk. - , / .
~
'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38696-011910.
AN ORDINANCE to appropriate local" match funding and funding from the
Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile
Accountability Block Grant Program, amending and reordaining certain sections of the
2009-2010 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections ofthe 2009-2010 General and Grant Funds Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund
Fees For Professional Services
Grant Fund
Appropriations
Temporary Employee Wages
FICA
Fees For Professional Services
Revenues
JABG CY10 City - State
JABG CY10 City - Local Match
JABG CY10 TAP - Local Match
JABG CY10 CRC - Local Match
01-250-9310-9535
01-630-1270-2010
35-630-5090-1004
35-630-5090-1120
35-630-5090-2010
35-630-5090-5090
35-630-5090-5091
35-630-5090-5092
35-630-5090-5093
$ 1,054
(1,054)
19,468
1,613
24,010
42,836
1,054
596
605
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. h]fJfr\/
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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Juvenile Accountability
Block Grant Award
No.10-L3221jB08
Background:
The Department of Criminal Justice Services notified the City of Roanoke
and Roanoke County of an allocation of funds under the Juvenile
Accountability Block Grant Program UABG). The allocation of $40,581 in
federal funds and $2,255 in general funds was awarded jointly to the two
jurisdictions. A local match of $2,255 is required for total funding of
$45,091.
Considerations:
Staff from the jurisdictions have met and developed program proposals
for the use of the federal and local match funding. The Conflict
Resolution Center was awarded $12,100. The restorative justice program
will operate as a collaborative effort between the Conflict Resolution
Center and the 23-A and 23rd Court Service Units in the City of Roanoke
and Roanoke County. TAP-Project Recovery will help adjudicated youth
avoid the negative risks and unproductive lifestyles that often correlate
with dropping out of school through use of $11,910. The City's
Enhanced Community Service program received funds totaling $21,081
and will provide services for youth who are adjudicated delinquent by
order of a court for a variety of code enumerated offenses.
Honorable Mayor and Memb~rs of City Council
January 19, 2010
Page 2
Match funding of $1,054 for the Enhanced Community Services project is
available in account 01-630-1270-2010, Human Services Support. Total
Action Against Poverty will provide a local match of $'596 and the Conflict
Resolution Center will provide a local match of $605. The City of
Roanoke will serve as the fiscal agent for the funds.
Recommended Action:
Authorize the City Manager or her designee to accept the $45,091 JABG
grant, and authorize the City to serve as fiscal agent for distribution of
the grant proceeds and to execute the grant agreement and other
documents from the Department of Criminal Justice Services as may be
necessary to accept such funds; all such documents to be approved as to
form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $45,091 and to appropriate funding in the
same amount to an expenditure account to be established in the Grant
Fund by the Director of Finance, and transfer $1,054 from Human
Services Support account (01-630-1270-2010) to the Grant Fund.
Respectfully submitted,
Darlene L. Butcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Asst. City Manager for Community Development
Jane R. Conlin, Director of Human/Social Services
Carol W. Tuning, Human Services Coordinator
CM 10-00003
RECEIVED
JAN 04 2010
Leonard G. Cooke
Director
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
CITY MANAGER'S OFFICE
1100 Bank Street
Richmond, Virginia 23219
(804) 786-4000
TDD (804) 386-8732
December 23, 2009
Ms. Darlene Burcham
City Manager
City of Roanoke
215 Church Ave., SW, Rm 364
Roanoke, VA 24011
RE: Juvenile Accountability Block Grant-
Award No. 10-L3221JB08
Dear Ms. Burcham:
The Department of Criminal Justice Services (DCJS) is pleased to inform you that grant number
1 O-L322lJB08 for the above-referenced grant program has been awarded in the amount of $40,581
in federal funds, $2,255 in general funds and $2,255 in matching funds for a total award of
$45,091.
Enclosed you will find the following documents:
1. Statement of Grant Award/Acceptance
2. Statement of Grant Award Special Conditions
3. Post Award Instructions and Reporting Requirements
4. Checklist of Required JABG Documentation
To confirm your acceptance of the special conditions and amount of this award, please complete
and sign the enclosed forms. Please review the instructions prior to completing the enclosed forms.
Fonns can be mailed to the attention of:
Demian Futterman, Program Administration Specialist n
Office of Grants Management
Department of Criminal Justice Services
1100 Bank Street
Richmond, Virginia 23219
This award requires and reflects a matching funds contribution. Localities receiving grants are
required to provide a cash match in the amount specified under Local Cash Match. For the 20 I 0
program year, DCJS will provide 5% of your required 10% cash match for your local JABG award.
Your locality will be required to provide the remaining 5% of the cash match. Federal funds
may not exceed 90% of the total cost of the program. Please note that the percentage allowed for
administration costs can not exceed 5% of the total grant award.
Criminal Justice Service Board. Committee on Training. Advisory Committee on Juvenile Justice
Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs
Private Security Services Advisory Board. Criminal Justice Information Systems Committee
www.dcjs.virginia.gov
The purpose of Juvenile Accountability Block Grant Program (JABG) program is to support state
agencies and units of local government in their efforts to strengthen their juvenile justice system.
The goal of the JABG program is to reduce juvenile offending through accountability-based
programs focused on both the offender and the juvenile justice system. Accountability means that
each offender is assured of facing individualized consequences through which he or she is made
aware of and held responsible for the loss, damage, or injury perpetrated on the victim.
Accountability involves a new set of expectations and demands for the juvenile justice system such
as increasing capacity to develop youth competence, efficiently tracking juveniles through the
system, and providing enhanced options; for restorative sanctions.
Though not required, localities are encouraged to prepare a plan based on an analysis of their
juvenile justice system needs. This analysis should detennine: .
1. The most effective use of the funding within 17 JABG Program Purpose Areas;
2. How to achieve the greatest impact on reducing juvenile delinquency;
3. How to improve the juvenile justice system; and
4. How to increase accountability for juvenile offenders.
The 17 JABG Purpose Areas are listed on the enclosed Statement of Grant Award/Acceptance. As
stated in the Special Conditions accompanying this award, prior to expending funds, a grantee must
submit all required documentation as listed on the accompanying checklist. On the JABG
Allocation Plan, each grantee must document the allocations to the selected JABG Purpose Area(s)
prior to receiving any funds.
Please refer to and read the enclosed Post Award Instructions and Reporting Requirements
carefully as they contain details on processing financial and progress reports, as well as requesting
awarded funds. These grant funds will be disbursed quarterly on a reimbursement basis only.
Funds will only be disbursed once DCJS receives documentation of compliance with the award
conditions. Requests for Funds must be submitted online through the DCJS Grants Management
Infonnation System (GMIS). Access to GMIS can be found online at:
http://www .dcj s. virginia. gov / grantsadmin istration/ gmi s/index.cfm ?men uLeve 1=3.
DCJS appreciates your interest in this grant program and will be happy to assist to help assure your
success. If you have any questions, please contact Demian Futtelman by telephone at 804/786-
0092, or by email at demian.futterman@dcis.virginia.gov. Please also visit our web site at
www.dcis.vir~inia.gov for additional information on DCJS.
Sincerely,
k~~co, ~
Leonard G. Cooke
cc: Ms. Carol Tuning, Human Services Coordinator
Mr. John W. Bingham, Assistant Director of Finance
Demian Futterman, DCJS
J
Department of Criminal Justice Services
1]00 Bank Street, 12th noor, Richmond, VA 23219
Statement of Grant Award/Acceptance
Subgrantee: Roanoke City
Date: December 23,2009
Grant Period:
From: 01/01/2010
Through:
12/31/2010
Grant Number:
10-L3221JB08
Project Director Project Administrator Finance Officer
Ms. Carol Tuning Ms. Darlene Burcham Me John W. Bingham
Human Services Coordinator City Manager Assistant Director of Finance
City of Roanoke City of Roanoke City of Roanoke
339 Salem Avenue, SW 215 Church Ave., SW, Rm 364 215 Church Ave., SW, Rm 461
Roanoke, V A 24016 Roanoke, VA 240] 1 Roanoke, VA 24011
Phone: (540) 853.1721 Phone: (540) 853-2333 Phone: (540) 853.6486 -
Email: caro I. tun in g@roanokeva.gov Email: Darlene.Burcham@roanokeva.gov Email: J ohn.B ingham@RoanokeVa.gov
Grant Award Budget
DCJS Funds
Budget Categories Federal State Locality Match TOTALS
Consultant $0 $0 $0 $0
Equipment $0 $0 $0 $0
Indirect Cost $0 $0 $0 $0
Personnel $0 $0 $0 $0
Supplies/Other $0 $0 $0 $0
Travel $0 $0 $0 $0
Totals $40,581 $2,255 $2,255 $45,091
Leonard G. Cooke, Director
This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special
conditions attached thereto. L, ~ n
...It..-6''''Y'-~,'''''' (;. ~_.....
The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby
accept this grant and agree to the conditions pertaining thereto, this day of ,20
Signature:
Title:
STATEMENT OF GRANT AWARD SPECIAL CONDITIONS
Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Juvenile Accountability Block Grant.
Subgrantee: Roanoke
Grant Number: 10-L3221JB08
Federal Catalog Number: 16.523
Title: Juvenile Accountability Blk Grnt
Date: December 23, 2009
The following conditions are attached to and made part of this grant award:
I) i By signing the Statement of Grant Award/Acceptance, the grantee agrees to comply with all terms, conditions,
certifications and assurances that are attached to and made part of this grant award.
2) The Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free
Workplace Requirements (2 pages) can be downloaded from the DCJS website at:
http://www .dcis. virginia.gov/forms/grants/usdoi .doc.
3) The General Grant Conditions and Assurances, Attachment A (5 pages) can be downloaded at
http://www .dci s. virginia. gov Iformsl grants/attachmentA. doc.
4) Prior to obligating and requesting funds, the grantee agrees to submit to DCJS the following documentation:
a) Grant Application - Face Sheet. This fonn can be downloaded under Forms and Applications -
Juvenile Services - Juvenile Accountability Block Grant at:
http://www . dc is. virginia. gov Iforms/iu venile/ J ABO OrantA pp I i cationFace Sheet. doc.
b) Itemized Budget. This fonn and its instructions can be downloaded at:
http://www.dcis.virginia.gov/forms/ under Grants Administration - General Grant Applications and
Reporting.
c) Budget Narrative. The Budget Narrative must itemize and justify all proposed expenditures for the
requested funding amount. All budget categories on the Itemized Budget fornl should be addressed and
an explanation provided on how all costs were derived. Demonstrate how the expenditure(s) relate to
the program and that it is both necessary and reasonable. Provide the total cost for each budget item.
Please round to the nearest whole dollar.
d) Roster of the Local Advisory Board. TIle grantee agrees to establish and convene a local Advisory
Board to recommend a coordinated enforcement plan for how they will use the JABG funds. The
Advisory Board must include representation from: I) local police department, 2) local sheriff's
department, 3) local prosecutor's office (Commonwealth's Attorney), 4) local court services unit
(probation office), 5) local juvenile court, 6) schools (local educational agency), and 7) a local business.
In addition, ONE of the following must be represented on the Advisory Board: a religious-affiliated
organization, fraternal organization, nonprofit organization, or social service organization involved in
crime prevention. Additional representation may be added as deemed appropriate by the locality.
The roster should include the name and title of each member, mailing address, area code and telephone
number, and an email address. Units of local government may add additional representation as
appropriate. Units of local government may utilize members of prevention policy boards established
pursuant to Section 505(b)( 4) of Title V of the JJDP Act to meet the advisory board requirement,
provided that each such coalition meets the membership requirements listed in this section.
e) JABG Allocation Plan. This foml can b~ downloaded under Forms and Applications - Juvenile
Services Juvenile Accountability Block Grant at:
http://www .dcis. virgin ia. gov/forms/i liveni lei J A BG A llocation? Ian .doc.
f) Letter of Communication Seeking Advice from the Chief Judge of the Local Court - Sample
Letter. In the development of their application, units of local government are required to consider the
needs of the judicial branch in strengthening the juvenile justice system and specifically seek the advice
of the chief of the local court, regarding the content of the application. See 42 U.S.C. 3796ee-2(c).
Grant No: IQ-L3221JB08 '
City of Roanoke
Applicants should certify that they have communicated in writing with the judicial branch and should
submit a letter with their application. Applicant~ should provide a narrative describing how their locality
took into consideration the needs of the judicial branch in strengthening the juvenile justice system.
http://www .dcis, virgin ia,gov/forms/iuveni le/0912-J uv-J ABGSam pleLettecdoc
g) Scheduled Audit. The grantee agrees to forward a copy of the scheduled audit of this grant award;
Please forward to DCJS - Attention: FINANCE
h) Pooled Funds. If applicable, a cooperative agreement signed by the city manager or county
administrator from all localities wishing to pool their JABG funds together should be submitted to DCJS,
DCJS will not reimburse grant funds until all the required documentation outlined above is received. Please refer to
the accompanying checklist to ensure all required documentation is sl)bmitted.
5) The grantee agrees to provide to the DCJS a copy of any policies and programs that are in effect or have been
implemented that provide for a system of graduated sanctions. Graduated Sanctions is a system that has as a minimum
of the following: 1) Sanctions that are imposed on a juvenile offender for each delinquent offense; 2) Sanctions that
escalate in intensity with subsequent, more serious delinquent offense; 3) Sufficient flexibility to allow for
individualized sanctions and services suited to the individual juvenile offender; and 4) Appropriate consideration to
public safety and victims of crime. The term sanction means tangible, proportional consequences that hold the
juvenile offender accountable for the offense committed. A sanction may include counseling, restitution, community
service, afine, supervised probation, or confinement. For grantees that do not currently have policies and programs in
effect and have not implemented a system of graduated sanctions, a letter of assurance as to the steps that will be
taken over the nex~ year to develop such policies and implement such a system of graduated sanctions as described
above should be provided.
6) THE GRANTEE AGREES THAT NOT MORE THAN (5%) OF FUNDS RECEIVED ARE USED TO PAY
FOR ADMINISTRATIVE COSTS.
7) Federal funds may not exceed 90% of total program costs, including any funds that the grantee sets aside for program
administration.
8) If a grantee uses funds under Pmgram Purpose Area #2 to construct a permanent juvenile detention or juvenile
corrections facility, the grantee must provide at least 50% percent of the total cost of the project. The 50% match
applies only to construction costs for a permanent juvenile detention or juvenile corrections facility. Construction of
any other allowed facility or other provisions of Program Purpose Area #2 have the same match requirement as all
other program purpose areas. There is a 10% cash match requirement for all other program purpose areas. Federal
funds and match requirements do not change the Virginia Department of Juvenile Justice's requirements for
construction reimbursement.
9) Opportunity for Faith-Based and Other Community Organizations to Access JABG Funds by Partnering With
Their Respective Units of Local Government. The Omnibus Crime Control and Safe Streets Act of 1968 stipulates
that state grantees make subgrant awards to state agencies and qualified units of local government. See 42 U.S.c.
3796ee-3(b). Therefore, faith-based and other community organizations are statutorily ineligible to apply directly to
OJJDP or the state agency that administers the JABG program for funding under the JABG program. However,
Section 1806 of the Omnibus Crime Control and Safe Streets Act of 1968 allows states and units of local government
to contract with private, non-profit entities or community-based organizations to implement appropriate JABG
purpose areas. State grantees must ensure that their units of local government subgrantees consider faith-based and
other community organizations for contracts as JABG implementing agencies on the same basis as other eligible
applicants. If they enter into contracts with faith-based groups, units of local government subgrantees in their
administration of such contracts must treat faith-based groups on an equal basis with all other contractors. Units of
local government subgrantees shall not favor nor discriminate against any eligible implementing agency based on its
religious character or affiliation, religious name, or the religious composition of its board of directors or persons
working in the organization.
Faith-baseCl organizations receiving DOJ assistance funds passed through states and then through units of local
government retain their independence and do not lose or have to modify their religious identity (e.g., removing
religious symbols) to receive assistance awards. Faith-based groups, however, may not use DOJ grant funds for any
inherently religious activity, such as prayer or worship. Inherently religious activity is permissible, although it cannot
occur during an activity funded with DOJ grant funds; rather, such religious activity must be separate in time or place
Grant No: 10-L3221JB08
City of Roanoke
from the DOJ-funded program. Further, participation in such activity by individuals recelvmg services must be
voluntary. Programs that DOJ funds may not discriminate in the provision of services based on a beneficiary's
religion.
If the applicant is a faith-based organization that makes hiring decisions on the basis of religious belief, it may be
entitled, under the Religious Freedom Restoration Act, 42 U.S.C. S 2000bb, to receive federal funds and yet maintain
that hiring practice, even if the law creating the funding program contains a general ban on religious discrimination in
employment. For the circumstances under which this may occur, and the certifications that may be required, visit the
Civil Rights Compliance link, htto://www.oio.usdoi.gov/funding/otherrequirements.htm.
10) The grantee agrees to submit such reports as requested by DCJS on fonns provided by DCJS, or through the Grants
Management Infonnation System (GMIS). Funds from this grant will not be reimbursed, if any required financial or
progress report is overdue by more than 30 days unless good cause is submitted for missing the reporting deadline.
a) Federal perfonnance indicator reporting is required as part of the DCJS reporting. Data should be reported using
the matrixes provided by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), which can be
downloaded at:
http://www .oi ido-dctat.onUhelp/J ABGGrid.doc.
11) DCJS prefers that grant funds are disbursed quarterly. Grant and local match funds are expended and/or obligated
during the grant period. The fmal request for funds must be submitted by the 12th working day after the end of the
'grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. The grant
recipient agrees to submit to the DCJS a final grant financial report, and return all unexpended grant funds that were
received within 90-days after the end of the grant.
12) By accepting this grant, the recipient assures that funds made available through it will not be used to supplant state or
local funds that would, in the absence of this grant, be made available for the same purposes.
13) An amendment to the Allocation Plan as set out in the Statement of Grant Award/Acceptance (SOGA) may be made
with prior approval of the local Advisory Board and fmal approval by DCJS. If an amendment is made to the program
purpose arcas, then the grantee is responsible for reporting on both the old and new areas.
14) Budget Amendment Requests must be submitted through GMIS by the Project Director, Program Administrator, or
Finance Officer, and must be accompanied by the Budget Amendment Fonn. This Budget Amendment fonn will
serve as the narrative that should be uploaded to GMIS when submitting the request. No more than two such
amendments will be permitted during the grant period. The deadline for al budget amendments to be submitted
will be 45 days prior to the end of the grant year.
15) Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full
responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring
proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired,
supervised and evaluated in accord with the local government's established employment and personnel policies; and
assuring that all tenns, conditions and assurances-those submitted with the grant application, and those issued with
this award-are complied with.
16) Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the
local government must be pursuant to a written memorandum of understanding by which the implementing office or
department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation
notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance
with all tenns, conditions and assurances of the grant award.
17) The grantee agrees to comply with the Virginia Public Procurement Act (s 2.2-4301 et seq). Procurement
transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as
to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the
DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the
DCJS. Pennission to make sole source procurements must be obtained from DCJS in advance.
.,"
Grant No: 1 0-L3221 m08
City of Roanoke
18) The grantee may follow their own established travel rates if they have an established travel policy. If a g~antee does
not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual
reasonable expenses. For future reference please refer to the following IRS website for the most current mileage rate:
http://www.irs.gov/formspubs/article/0..id=178004.00.html. Transportation costs for air and rail must be at coach
rates.
19) Project Income - Any funds generated as a direct result of DCJS grant funded projects are deemed project income.
Project income must be reported on the Subgrant Financial Report for Project Income form provided by DCJS. This
form is on the DCJS website under Forms and Applications - Grants Administration which can be downloaded at:
http://www.dcis.virginia.gov/forms/.Examplesofprojectincomemightincludeservicefees.client fees; usage or
rental fees; sales of materials; or income received from sale of seized and forfeited assets (cash, personal or real
property included).
20) The grantee agrees to comply with all federal and state confidentiality requirements. All grantees receiving funds to
conduct research or statistical activities that involve collecting data identifiable to a private person should submit a
Privacy Certificate, when required, in accordance with the requirements of 28 CFR Part 22. Please refer to the
following OJJDPlink for more about this special condition: http://oiidp.ncirs.orglfunding/privacv.pdf.
21) The grantee agrees to comply with the requirements of 28 CFR Part 46 - Protection of Human Subjects, which can be
downloaded at: http://www.access.gpo.gov/naralcfr/waisidx 04/28cfr46 04.html.
22) The recipient agrees to assist onDP in complying with the National Environmental Policy Act (NEPA), and other
related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to
obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use
of the grant funds. Recipient understands that this special condition applies to its following new activities whether or
not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the
recipient, subrecipient, or any third party and the activity needs to be undertaken in order to use these grant funds, this
special condition must first be met. The activities covered by this special condition are:
a) New construction;
b) Minor renovation or remodeling of a property either (i) listed on or eligible for listing on the National
Register of Historic Places or (ii) located within a IOO-year flood plain;
. c) A renovation, lease, or any other proposed use of 11 building or facility that will either (i) result in a change in
its basic prior use or (ii) significantly change its size; and
d) Implementation of a new program involving the use of chemicals other than chemicals that are (i) purchased
as an incidental component of a funded activity and (ii) traditionally used, for example, in office, household,
recreational, or education environments.
23) Prior to DCJS disbursing funds, the recipient must comply with the following special conditions:
a) Check list (included in the award package) of required documentation for JABG special conditions must be
met.
b) The grant funds allocated in this award represent a pooling of federal allocations to the localities of the City
of Roanoke and Roanoke County. An official document of agreement listing all participating local units of
government in a regional or pooled funding arrangement must be submitted. The agreement should specify
the members of the Advisory Board, with representation from each jurisdiction. Federally required
membership criteria must be met, but each locality need not provide all categories. Localities are encouraged
to use or adapt existing regional planning bodies for this purpose. Furthermore, the agreement should specify
agreements related to the provision of match by each participating local unit of goverrunent. Each locality
must be a signatory to the agreement.
(
COMMONWEALTH of VIRGINIA
Leonard G. Cooke
Director
Department of Criminal Justice Services
1100 Bank Street
Richmond, Virginia 23219
(804)786-4000
TOD (804) 386-8732
NOTICE
To: Grants Project Administrator
From: Janice Waddy, DCJS Grants Administrator
Re: Post Award Instructions and Reporting Requirements
PLEASE READ VERYCAREFULLY.
o GRANT A WARD AND SPECIAL CONDITIONS: '
Please review your Award and Special Conditions very carefully. Pay attention to the
last Special Condition listed. This Special Condition may require additional documentation
from you before grant funds can be released. Sign and date the grant award acceptance and
submit any Special Condition documentation to:
Grants Administration
Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
o REPORTING REQUIREMENTS
By accepting the accompanying grant award, you are agreeing to submit on-line quarterly
progress and financial reports for this grant throughout the grant period, as well as final
reports to close the grant. "No eligible current recipient of funding will be considered for
continuation funding if, as of the continuation application due date, any of the required
Financial and Progress reports for the current grant are more than thirty (30) days
overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this
prOVISion.
Financial reports and progress reports are due no later than the close of business on the
12th working day after the end of the quarter (*except P APIS reports which are due by
the end of the following month). Reports are required even if no expenditures have
occurred during the quarter. Requests for Funds will not be honored from grant recipients
who do notflllfill this reporting obligation. A schedule of due dates is also attached for
your reference.
Criminal Justice Service Board' Committee on Training. Advisory Committee on Juvenile Justice
Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs
Private Security Services Advisory Board' Criminal Justice Information Systems Committee
www.dcjs.virginia.gov
o PROGRESS REPORTS
Refer to our website: htto://www.dcis.virl!inia.l!ov/ for submitting progress reports through
the Grants Management Online Information System. In order to use this web-based system,
if you have not previously done so, you must obtain a user name and password set up by
DCJS Grants Administration. You are required to use the on-line system to submit your
progress reports.
o FINANCIAL REPORTS
Refer to our website: htto://www.dcis.virl!inia.l!ov/ for submitting financial reports through
the Grants Management Online Information System. In order to use this web-based system,
if you have not previously done so, you must obtain a user name and password set up by
DCJS Grants Administration. You are required to use the on-line system in reporting your
expenditures.
o REQUESTING GRANT FUNDS
Refer to our website for requesting funds through the Grants Management Online
Information System. In order to use this web-based system, if you have not previously done
so, you must obtain a user name and password set up by DCJS Grants Administration.
*Please note, you can access this system using the same password assigned for the on-line
financial reporting system.
o BUDGET AMENDMENTS
Budgets can be amended in most DCJS grant programs with prior approval. Please review
your special conditions carefully to determine the requirements and procedures for amending
budgets. Refer to our website for the Grants Management Online Information System.
*Please note again that you can access this system using the same password assigned for the
on-line financial reporting system.
Paper copies of the Bud1!et Amendments will no lon1!er be acceDted. You arereauired to
use the on-line system for submittin1! budeet amendments.
If you have any questions, please contact Virginia Sneed bye-mail at
virginia.sneed@dcjs.virginia.gov.
genpgms.
,
PROJECTED DUE DATES
FINANCIAL & PROGRESS REPORTS
Reports are due by the 12th workinf! dav following the close of the quarter covered in the report.
Financial reports are required even if no expenditures have occurred
QUARTER ENDING DUE DATE
6/30/2009 7/17/2009
9/30/2009 10/19/2009
12/31/2009 1/21/2010
3/31/2010 4/16/2010
6/30/2010 7/19/2010
9/30/20 I 0 10/19/2010
12/31/2010 1/20/20 II
3/31/20 II 4/18/20 II
6/30/20 II 7/19/2011
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
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
January 21,2010
~
Richard Caywood
District Administrator
Virginia Department of Transportation
731 Harrison Avenue
Salem, Virginia 241 S3
Dear Mr.-Caywood:
I am enclosing copy of Resolution No. 38697-011910 approving the
major design features of the 10th Street Improvements highway
project between Fairfax Avenue and Williamson Road in the City of
Roanoke and requesting the Virginia Department of Transportation
to acquire all rights-of-way necessary for the project.
The abovereferenced measure was adopted by the Council of the City
. of Roanoke at a regular meeting held on Tuesday, January 19, 2010.
Sincerely,
~ h).~ovv
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, P. E., Director of Public Works
Mark D. Jamison, P. E., Transportation Division Manager
K:\Agenda Correspondence\January 19,20 I O\January 19,20 I 0 Correspondence. doc
:fi\ \\)
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38697-011910.
A RESOLUTION approving the major design features of the 10th Street Improvements
highway project between Fairfax Avenue and Willianlson Road in the City of Roanoke and
requesting the Virginia Department of Transportation to acquire all rights-of-way necessary for the
project.
WHEREAS, a Design Public Hearing was conducted on July 30, 2009, in the City of
Roanoke by representatives of the Virginia Department of Transportation, after due and proper
notice, for the purpose of considering the proposed design of loth Street Project No. UOOO-128- V12,
UPC 790/11908, in the City of Roanoke, at which hearing drawings and other pertinent information
were made available for public inspection in accordance with state and federal requirements;
WHEREAS, all persons and parties 11l attendance were afforded full opportunity to
participate in the public hearing;
WHEREAS, representatives of the City of Roanoke were present and participated in the
hearing;
WHEREAS, the Council has previously requested the Virginia Department of Transportation
to program this project; and
WHEREAS, the Council has considered all ofthe foregoing matters.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The major design features of the proposed project as presented at the Public Hearing
are approved.
R-] Oth Street between Fairfax and Williamson.doc
1
2. The Virginia Department of Transportation is requested to acquire all rights-of- way
necessary for this proj ect and to convey such rights-of-way as lie in this City to the City of Roanoke
at the appropriate time.
3. The City Manager. and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf ofthe City, any and all necessary documents pertaining to this project,
such documents to be approved as to form by the City Attomey, arid to furnish such additional
information as may be required by the Virginia Department of Transportation in connection with the
project.
4. The City Clerk is directed to transmit an attested copy of this Resolution to the
Virginia Depmlment of Transportation.
ATTEST:
~m.tr;f~
CIty Clerk. '
99~2 T Wtl V 1 HeW 01-. :~(J31J All:1
R-IOth Street between Fairfax and Williamson.doc
2
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
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor David Bowers and Members of City Council:
Subject: 10th Street Improvements
VDOT Proj. No. UOOO-128-V12
UPC 790/11908 City of Roanoke
Background:
The Virginia Department of Transportation (VDOT) has programmed a street
improvement project along the 10th Street corridor between Fairfax Avenue and
Williamson Road. The proposed improvements are intended to enhance the
connection between Orange Avenue and Williamson Road and will focus on
improving the safety and flow of traffic while developing a bicycle and
pedestrian friendly environment.
Considerations:
VDOT and the City of Roanoke held a public hearing on July 30, 2009 to gather
public comments. Additionally, VDOT and the City met with the Washington
Park Alliance for Neighborhoods in October 2009. Comments received from
these meetings have been considered and incorporated as appropriate or will
be addressed as project development continues. The City's Street Design Team
reviewed the plans and suggested revisions that have been incorporated.
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
Pertinent design features include improvements at several intersections, most
significantly the addition of a westbound left turn lane on Orange Avenue at
10th Street and the removal of the traffic signal at 11 th Street and Orange
Avenue; the addition of curb, gutter, sidewalk, and street trees; bike lanes to
accommodate on-street bicyclists; drainage improvements; and a grade
separation of the Lick Run Greenway crossing of 10th Street.
Right of way acquisition is currently scheduled by VDOT to begin in 2010 with
construction anticipated to follow in FY2014. Total project cost is
approximately $21 million for which the City will be responsible for
approximately $1,000,000. The 10th Street project account currently has
$381,420 budgeted from local funds which will qualify as part of the required
local match. The remaining local share of funding will be provided and
transferred from Capital Improvement Reserve - VDOT Match, as funds are
made available annually, to the 10th Street project account #08-530-9597.
Recommendation:
Adopt the accompanying resolution approving the major design features of this
project, requesting VDOT to acquire all rights of way necessary for this project
and conveying such rights of way to the City at the appropriate time, and
authorizing the City Manager to execute, on behalf of the City of Roanoke, all
necessary agreements required in conjunction with the project, such
agreements to be approved as to form by the City Attorney.
Darlene L. Bu
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Mark D.Jamison, P.E., Transportation Division Manager
CM10-00001
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
January 21, 2010
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38698-011910 amending
Section 21-78, Carrying concealed weapons, of Article III, Weapons, of
Chapter 21, Offenses-Miscellaneous, of the Code of the City of
Roanoke (1979), as amended, by adding new subsection 21-78(e),
requiring the Clerk of Circuit Court to require applicants for certain
concealed weapon permits to submit to fingerprinting for the
purpose of obtaining an applicant's national and state criminal
history record, as authorized. by Sections 15.2-915.3 and 18.2-308 of
the Code of Virginia (1950), as amended.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Sincerely,
~~.,m.~
Stephanie M. Moon, CMC
City Clerk
K:\Agenda CorrespondencelJanuary 19,20 IOIJanuary 19,20 I 0 Correspondence. doc
Municipal Code Corporation
January 21, 2010
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District
Cou rt
Chief Magistrate, Office of the Magistrate
lora A. Wilson, Law Librarian
Darlene l. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Joe Gaskins, Chief of Police.
Cecelia R. Webb, Assistant Deputy City Clerk
K:\Agenda CorrespondencelJanuary 19,20 IOlJanuary 19,2010 Correspondence. doc
OtiC
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of January, 2010.
No. 38698-011910.
AN ORDINANCE amending Sec. 21-78, Carrying concealed weapons, of Article III,
Weapons, of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979) as
amended, by adding new subs~1}8(e), requiring the Clerk~pf Circuit Court to require
applicants for certain concealed weapon permits to submit to fingerprinting for the purpose of
obtaining an applicant's national and state criminal history record, as authorized by Sections 15.2-
915.3 and 18.2-308 of the Code of Virginia (1950) as amended; and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. Section 21-78, Carrying concealed weapons, of Article III, Weapons, of
Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979) as amended, is
hereby amended by the addition of new subsection 21~78(e) to read and provide as follows:
Sec. 21-78. Carrying concealed weapons.
* * *
(e) The Clerk of Circuit Court, as a condition to issuing an applicant a concealed
weapons permit, shall require each applicant to submit to jtngerprinting for the
purpose of obtaining the.applicant's national or state criminal history record. No
fingerprinting shall be required, however, for the renewal of an existing permit
pursuant to subsection I of Section 18.2-308, of the Code of Virginia, (1950) 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.
ATTE,ST:
JcCj:l.~m. rn ()trtJ
_ 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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Amendment to City Code
Section 21-78 Requiring
Fingerprinting for Certain
Concealed Weapons Permits
Background:
It has been the policy and practice of the Clerk of the Circuit Court of the
City of Roanoke to require applicants for concealed weapons permits to
undertake fingerprinting for the purpose of obtaining a criminal history
record as part of their application process. In order to ensure that the
City Code is consistent with the Code of Virginia (Sections 15.2-915.3 and
18.2-308) which governs the application and issuing process for
concealed weapons permits, an amendment has been prepared which
authorizes the Clerk of the Court to require fingerprinting as part of the
application process. Pursuant to the Code of Virginia, this fingerprinting
requirement would apply only to new concealed weapons permit
applications, and would not be applicable to the renewal of any such
existing permits.
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
Recommended Action:
Adopt an amendment to City Code Section 21-78, Carrying concealed
weapons, which adds a new subsection (e) authorizing the Clerk of the
Circuit Court to require applicants for ne'w concealed weapon permits to
submit to fingerprinting for the purpose of obtaining the applicant's
crimina'l-history.
Respectfully submitted,
Darlene L. B rcham
City Manager
c: Honorable Brenda S. Hamilton, Clerk of the Circuit Court
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
CM10-00011
;E OF CLERK OF CIRClJIT
~~\C COUlt
o ~
Criminal: (540) 853-6723
Civil: (540) 853-6702
CIRCUIT COURT
OF THE CITY OF ROANOKE
TWENTY-THIRD JUDICIAL CIRCUIT
OF VIRGINIA
315 Church Avenue, S.w.
P.O. Box 2610
Roanoke, Virginia 24010
BRENDA S. HAMILTON
CLERK
December 15, 2009
To: Members of Roanoke City Council
Re: Fingerprinting for Concealed Weapon Permits
It has come to my attention that a local ordinance needs to be enacted for fingerprinting
for the purpose of obtaining a criminal history record on persons who are applying for a
Concealed Weapon Permit. The Circuit Court Clerk's Manual is clear in stating that an
"Applicant shall present application for the permit along with any additional
requirements as necessary. As a condition for issuance of a concealed handgun permit,
the applicant shall submit to fingerprinting ifrequired by local ordinance in the county or
city where applicant resides..." This same language is contained in Code 18.2-308D of
the Code of Virginia.
It has been the policy of the Circuit Court Clerk's Office to send applicants to the Police
Academy to obtain their fingerprint cards as soon as an applicant has filed to get their
permit. However, without a local ordinance to enforce the requirement of fingerprinting,
the Circuit Court Clerk's Office cannot require an applicant to have their fingerprints
taken for a proper criminal history record as is inferred by S 15.2-915.3 of the Code of
Virginia, 1950, as amended. If fingerprinting is not an official requirement pursuant to
Roanoke City's Local Ordinance, the requirement cannot be enforced by the Circuit
Court Clerk's Office as a part of the procedure for obtaining a Concealed Weapon
Permit; and, without fingerprinting, a complete criminal history may not be obtained as
welL
Si~js~
B~a S. Hamilton
Clerk of Circuit Court
~G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38699-011910.
AN ORDINANCE authorizing the conveyance ofa 15-foot wide by 729-foot long above
ground and underground utility easement across City-owned property located at 5401-B Barns
Avenue, N.W., designated as Tax Map No. 6610101, to Verizon Virginia, Inc., upon certain
terms and conditions; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized, for and on behalf 0 f the
City, to execute and attest, respectively, the necessary documents providing for the conveyance
of a 15- foot wide by 729- foot long above ground and underground utility easement across City-
owned property located at 5401-B Barns Avenue, N.W., designated as Tax Map No. 6610101, to
Verizon Virginia, Inc., to install a communication system to serve the new Police Academy, as
more particularly set forth in the City Manager's letter to this Council dated January 19, 2010.
2. All documents necessary for this conveyance shall be in a form approved by the
City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with. : . y.
"
ATTEST:
~m. f'rJ"~
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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request for Easement on
City-Owned Property
Background:
Verizon Virginia, Inc., has requested a 15' wide by 729' long above and below
ground easement across City-owned property, identified as 5401 B Barns Ave NW.,
in order to install a communication system to serve the new Police Academy. The
proposed deed of easement and map are attached as Attachments #1 and #2.
Recommended Action:
Authorize the City Manager to execute the deed of easement as described above to
Verizon Virginia, Inc., which easement shall be approved as to form by the City
Attorney.
Respectfully submitted,
Darlene L. B cham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
Cristina D. Finch, Architect
CM 10-00006
Verizon W. O. No.: Service Wire .
VDOT Project No.:
Rl7N Tracldng No.:BCC-8B842-R
Parcel No.: 6610101
After RecDrdina Mail To:
VERIZON VIRGINIA INC.
4843 OAKLAND BLVD
ROANOKE VA. 24012
~
Veri70n
Document Prepared BY:
VERIZON VIRGINIA INC.
4843 OAKLAND BLVD,
ROANOKE VA 24012
TAX MAP PARCEL I.D. NO:
6610101
DEED OF EASEMENT
nus DEED OF EASEMENT made this _ day of . 2010, by and
between City Of Roanoke., herein after called Grantor and VERIZON VIRGINIA INC.. a Virginia
corporation, its successors, assigns lessees and agents, herein after called Grantee
WIT N E SSE T H:
For and in consideration of One Dollar ($1.00) cash In hand paid unto Grantor and for other good
and valuable considerations, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants and conveys unto Grantee, its. successors, assigns, lessees and agents, a
15' wide by 729' long perpetual non-exdusive easement and right of way (the "Easement")to
install, construct, operate, maintain, Inspect, improve, relocate, alter, replace and remove a
communication system consisting of such buried cable, burled wires, posts. tenninals, pedestals,
vaults, conduits, manholes, hand holes, and related above-ground facilities. including but not limited
to, posts, tenninals, location markers. cabinets. equipment housings, and other appurtenances (the
"Facilities"), as Grantee may from time to time require, upon, under, across and over Grantor's
real property being located in the City of Roanoke. Commonwealth of Virginia more particularly
identified as 54018 Barns Ave NW. (the "Property") as shown and described on a plat Identified
as Exhibit nAil, numbered, BCC~88842-R attached hereto and made a part hereof (the "Easement
Area'').
Said Easement is hereby granted and conveyed unto Grantee together with the
following rights and covenants:
1 Grantee shall have the right of ingress and egress over, upon and across the
Property, including Gumtor's private roads, to and from the communications
system and Easement, including the right to temporarily open and close fences,
forthe purposes of exercising the rights herein granted.
2 Grantee shall have the right to trim, cut and remove trees, shrubbery, undergrowth
and other obstructions within the Easement Area which interfere with or threaten
the efficient and safe operation, construction or maintenance of it facilities or
impedes the access thereto.
3 The communications system constructed hereunder is and shall remain the
property of the Grantee. Grantee shall have the right to inspect, rebuild, remove,
repair, remove and relocate its communications system, or any part thereof, within
the Easement Area, and may make such changes, alterations, substitutions,
additions in and to or extensions of its facilities as it deems advisable without the
prior consent of the Grantor.
4 All such rights shall be exercised in a manner as shall occasion the least
pmcticable damage and inconvenience to Grantor.
S Notice to Landowner: You are conveying rights to a public service corporation.
A public service corporation may have the right to obtain some or all of these
Sheet 1 of 4
Verizon w. 0. No.: Service Wire
VDOT Project NO.1
ROI/\/ Tracking No.:1SC:V88842-R
Parcel No.: 6610101
rights through exercise of eminent domain. To the extent that any of the rights
being conveyed are not subject to eminent domain, you have the right to choose
not to convey those rights and you could not be compelled to do so. You have the
right to negotiate compensation for any rights that you are voluntarily conveying.
6 Grantee, its successors and assigns hereby agree to indemnity and save harmless
Grantor, its officers, agents and employees from any and all claims, demands,
damages, including attorney's fees, death, and liability of every kind and nature
whatsoever that arise solely from the acts or omissions of Grantee in exercising its
rights granted herein.
7 Grantee, its successors and assigns agree to relocate Grantee's facilities, at
Grantor's expense, to a new easement, suitable to Grantee and provided or
obtained by Grantor at Grantor's expense, at the request of the Grantor, provided,
however, that the new easement is provided or obtained and Grantor provides
Grantee notification of required relocation, in writing, at least ninety (90) days
prior to required completion of relocation.
8 The Grantee, after constructing, inspecting or maintaining its facilities, shall
restore the property as nearly as reasonably practicable to the condition of the
property existing immediately prior to the commencement of the work to
construct, inspect or maintain its facilities. Grantee shall be liable for all physical
d8.mages resulting from its own exercise of the rights granted hereunder, except
where such d~ge is not attributable'to the actions of the Grantee, including, but
not limited to, those damages resulting from the forces of nature, and/or other
causes beyond the control of Grantee; provided, however, that Grantee is notified
of any damage in writing by Grantor within thirty (30) days of completion of
Grantee's activity within the Easement Area.
9 Grantor covenants that it is seized of the Property and has the right to convey the
Easement, rights and privileges herein conveyed to Grantee and that Grantee shall
have 'quiet and peaceable possession, use and enjoyment of the aforesaid
Easement, rights and privileges hereby granted.
Sheet 2 of 4
Verizon W. o. No.: Service Wire
VDOTProjectNo.:
RCMr Tracking No.:BCC-88842-R
Parcel No.: 6610101
IN WITNESS WHEREOF, the following signature(s) and seal(s):
City Of Roanoke
By:
Print Name: Darlene L. Burcham
Print lltle: City Manaaer
COMMONWEALTH OF VIRGINIA:
Countv/Otv of : to wit:
I, . a Notary Public In and for the jurisdiction aforesaid do hereby
certify that Darlene L. Burcham as City Manaaer for City Of Roanoke did personally appear
before me and acknowledge the foregoing writing dated in the jurisdiction
aforesaid this _ day of . 2010.
My Commission expires:
Notary Registration Number:
Notary Public
Sheet 3 of 4
V8r~on W. O. NOo: Service Wire
VDOT Project No.:
RON Trilc:lcIng NO,lBCC-88842-R
P~I No.: 6510101
./VoT' Td
"'.-
. .;~
T.P.MtIl1Il1
clrt lllllllMClla!
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Site Plan Reference:
VERIZON VIRG IA INC.
RIGHT-OF-WAY PLAT
OWNER:
CIly Of Roanoke
215 Churoh Av SW
Room 250
Roanoke. Va. 24011
CONTACTTa. NO.: (540) 853-2731
GRANTOR:
City: ,
Roanoke
TAX MAP NO.
6610101
MAGISTERIAL
-"-"-.--DENOTES ~ANDIOR RMI
--------- LIMITS OF RIGHT-Of-WAY
E.A: Bertie Bowman
SH E-W NoS
PHONE NO.: 540-562-4600
CENTRAL OFFICE:
LE09052
Bar
NVSM
Darlene L. Burcl1Bm
GRANTOR:
FileNo.
BCG-88842.R
. Shcet4of4
~
OJ(J,C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38700-011910.
, AN ORDINANCE authorizing the conveyance of a 15-foot wide by 729-foot long above
ground and underground utility easement across City-owned property located at 5401-B Barns
Avenue, N.W., designated as Tax Map No. 6610101, to Cox Communications, Inc., upon
certain terms and conditions; and dispensing with the second reading by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized, for and on behalf 0 f the
City, to execute and attest, respectively, the necessary documents providing for the conveyance
of a 15- foot wide by 729- foot long above ground and underground utility easement across City-
owned property located at 540l-B Barns Avenue, N.W., designated as Tax Map No. 6610101, to
Cox Communications, Inc., to install a communication system to serve the new Police Academy,
as more particularly set forth in the City Manager's letter to this Council dated January 19, 2010.
2. All documents necessary for this conveyance shall be in a form approved by the
City Attorney.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of
this ordinance by title is hereby dispensed with.. <;
\<'>
ATTEST:
~ rn.i""YJ~1fVu
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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request of Easement on
City-Owned Property
Background:
Cox Communications, Inc., has requested a 15' wide by 729' long above and below
ground easement across City-owned property, identified as 5401 B Barns Ave. NW,
in order to install a communication system to serve the new Police Academy. The
proposed deed of easement, legal description and map are attached as
Attachments #1, #2 and #3.
Recommended Action:
Authorize the City Manager to execute the deed of easement as described above to
Cox Communications, Inc. approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bu
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
Cristina D. Finch, Architect
CM10-00007
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Cox Communications
THIS IS A CONVEYANCE OF AN EASEMENT
AND CONSIDERATION IS LESS THAN $100.00
space above for recorders use only
GRANT OF EASEMENT
TIDS GRANT OF EASEMENT is made this _ day of , 20-, by
and between City of Roanoke ("Grantor") and Cox Communications, Inc., a
Delaware corporation ("Grantee"). . "Grantor," does hereby grant to Grantee, its affiliates,
subsidiaries, successors and assigns, a IS' wide by 729' long perpetual easement to construct,
place, operate, inspect, maintain, repair, replace and remove telecommunications facilities as
Grantee may from time-to-time require, co~sisting of conduits, fiber optic cables, strands, wires,
coaxial cables, communication cables, communication equipment, hardware, pads, markers,
pedestals, junction boxes, fixtures, appurtenances and any other items desired by Grantee
(collectively "Facilities"), in, under, across, over, and upon that area located within the real
,property owned by Grantor in City of Roanoke. Commonwealth of Virginia, which is more
particularly descn'bed in Exhibit A, attached hereto and incorporated herein ("Easement Area").
Grantee shall have the right to use; maintain, upgrade, relocate, reduce, expand and/or
remove its Facilities within the Easement Area and may make any and all changes, including
additions and substitutions to its Facilities as it deems necessary. The Facilities shall at all times
remain the property of Grantee and Grantor shall not damage the Facilities nor interfere with
Grantee's use of the Facilities. Grantee shall have the right to clear obstructions including trees,
roots and undergrowth from the Easement Area. Grantee shall have the right, at its sole
discretion to remove the Facilities from the Easement Area at any time. Grantor, its successors
and assigns shall have the right to use the Easement Area for any purpose which is not
inconsistent with Grantee's rights herein. All rights, obligations and privileges herein granted,
including all benefits and burdens, shall run with the land and shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors,
assigns and legal representatives.
Grantee agrees and binds itself and its successors and assigns to indemnify, keep and
hold the Grantor and its officers, employees, agents, volunteers and representatives free and
hannless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any act or omission of Grantee
including: Grantee's use of the said easement; or the exercise of any right or privilege granted by
or under this Agreement. In the event that any suit or proceeding shall be brought against the
Grantor or any of its officers, employees, agents, volunteers or representatives at law or in
A TLlBO 1 :206608-1105088.00 12
I
equity, either independently or jointly with Grantee, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on account thereof,
Grantee, upon notice given to it by the Gmntor or any of its officers, employees, agents,
volunteers or representatives, will pay all costs of defending the Gmntor or any of its officers,
employees, agents, volunteers or representatives in any such action or other proceeding. In the
event of any settlement or any final judgment being awarded against the Grantor or any of its
officers, employees, agents, volunteers or representatives, either, independently or jointly with
Grantee, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, then Grantee will pay such settlement or judgment in full or will
comply with such decree, pay all costs and expenses of what$oever nature, including attorney's
fees, and hold the Grantor or any of its officers, employees, agents, volunteers or representatives
hannless therefrom.
The Grantee after constructing its inspecting or maintaining its facilities, shall restore the
property as near as reasonably practical to he condition of the property existing immediately
prior to the commencement of the work to be performed to construct, maintain or inspect its
facilities.
For purpose of ingress and egress to the Easement Area, Grantee shall have a right of
access over, upon or along Grantor's property as is reasonably necessary to access the Easement
Area.
IN WIlNESS WHEREOF, the Grantor has executed this instrument under seal as of the
date first set forth above by its hereunto duly authorized representative.
A TLffiO 1 :206608-1105088.0012
2
VIRGINIA
GRANTOR:
By:
Name:
Title:
Commonwealth of Virginia:
COUNTY/CITY OF Roanoke:
Before me, the undersigned, a Notary Public in and for the aforesaid Jurisdiction, personally
appeared ' , the . on
behalf of , a
corporation, and acknowledged the above signatures.
Given under my hand this _ day of
,20_.
Notary Public
My Commission Expires:
(SEAL)
ATLIBOl:206608-1105088.0012.
3
Tax ID #6610101
See Map Exhibit B.
A TLmOI :~6608-1105088.0012
EXHIBIT A
Legal Description of Easement Area
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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
JONATHAN E. CRAFf
Deputy CityClirk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
january 21, 2010
john Leftwich, President
Williamson Road Area Business
Association, Inc.
P. O. Box 5892
Roanoke, Virginia 24012-0892
Dear Mr. Leftwich:
I am enclosing copy of Ordinance No. 38701-011910 allowing an
encroachment requested by the Williamson Road Area Business
Association, Inc., (WRABA), to install support poles into the City right-
of-way along a portion of the Williamson Road corridor located in the
3200 Block of Williams.on Road, in order to erect banners advertising
sponsored public events, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, january 19, 2010,
and is in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by the WRABA has been admitted to
record, at the cost of the WRABA, in the Clerk's Office of the Circuit
Court for the City of Roanoke and shall remain in effect only so long
as a valid, current certificate evidencing the insurance required in
Paragraph 4 above is on file in the Office of the City Clerk.
Sincerely,
-J;f::j-lu..:'u tn. ~
Stephanie M. Moon, CMC
City Clerk
K: \Agenda CorrespondencelJanuary 19, 20 I OIJ anuary 19, 20 I 0 Correspondence. doc
john Leftwich
january 21,2010
Page 2
pc: Darlene l. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Robert B. Ledger, Economic Development Manager
Risk Management Officer
Wendy jones, Williamson Road Area Business Association, Inc.
K:\Agenda Correspondence\January 19, 20 IO\January 19, 2010 Correspondence. doc
TAX MAP NOS. 3160127 and 2070101
O{)L
c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of January, 2010.
No. 38701-011910.
AN ORDINANCE allowing an encroachment requested by the Williamson Road Area
Business Association, Inc. ("WRABA"), to install support poles into the City right-of-way along a
portion ofthe Williamson Road corridor located in the 3200 Block of Williamson Road, in order to
erect banners advertising sponsored public events, upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Authorization is hereby granted to the Williamson Road Area Business Association,
Inc., to allow the encroachment of support poles into the public right-of-way along a portion ofthe
Williamson Road corridor located in the 3200 Block of Williamson Road at Tax Map Nos. 3160127
-
and 2070101, at distances approximately five (5) feet into the right-of-way on each side ofthe street,
to support event banners advertising sponsored public events as more particularly set forth in the City
Manager's letter to this Council dated January 19, 2010.
2. The support poles will span approximately 50 feet across the Williamson Road
corridor, shall be 8 x 8 steel, approximately 30 feet in height, and shall be placed 7 ,and 1h feet into the
ground. The bottom ofthe banner shall be no lower than 22 feet in height from the roadway, and the
top ofthe banner shall not be any higher than 27 feet from the roadway. The banner shall conform to
applicable banner requirements contained in the City Code.
3. It shall be agreed by the WRABA that in maintaining such encroachments, it and its
grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of
Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to
persons or property, including attorney's fees, that may arise by reason of the above-described
encroachments.
4. The WRABA, its grantees, assigns or successors in interest, shall, for the duration of
this permit, maintain on file with the City Clerk's Office evidence ofinsurance coverage in an amount
not less than $2,000,000 of general liability insurance. The certificate of insurance must list the City
of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the
insurance company naming these parties as additional insureds must be received within thirty (30)
days 0 f passage 0 f this ordinance. The certificate 0 f insurance shall state that such insurance may not
be canceled or materially altered without thirty (30) days written advance notice ofsuch cancellation
or alteration being provided to the Risk Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance to the Williamson
Road Area Business Association, Inc., at P. O. Box 5892, Roanoke, Virginia 24012-0892.
6. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by the WRABA has been admitted to record, at the cost ofthe WRABA,
in the Clerk's Office ofthe Circuit Court for the City of Roanoke and shall remain in effect only so
l
long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in
the Office 0 f the City Clerk.
7. Pursuant to Section 12 of the City Charter, the second reading ofthis ordinance by
title is hereby dispensed with.
ATTEST:
~1Y).1YJwv
City Clerk.
The undersigned, Williamson Road Area Business Association, Inc., hereby acknowledges
that it has read and understands the terms and conditions stated above and agrees to comply with
those provisions.
WILLIAMSON ROAD AREA BUSINESS
ASSOCIATION, INC. (WRABA)
By:
John Leftwich, President
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this _ day of
, 2010, by John
Leftwich, President of the Williamson Road Area Business Association, Inc.
My Commission expires:
Notary Public
Registration No.
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
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Encroachment Request for
Banner and Poles in City
Right-of-Way on Williamson
Road Business District
Background:
The Williamson Road Area Business Association (WRABA) has requested
permission to install two support poles in the City right-of-way in order to
erect banners advertising sponsored public events along the Williamson
L' Road corridor. The poles will be placed in the 3200 block of Williamson
Road approximately 5' into the right-of-way on each side of the street,
located adjacent to properties identified with official tax map numbers of
3160127 and 2070101. The poles are 8 X 8 steel, approximately 30'
high and placed 7 and Yz' in.to the ground, and will support event banners
that will span approximately 50' across the street. The banners will be
c erected so they are no lower than 22' above the road surface. .
Event banners will be developed by the Association for such events as
Star City Motor Madness, Fiddle Fest and Greek Fest. The Association
will be responsible for all costs associated with erection, maintenance
and insuring of the support poles, and also be responsible for the
installation and removal of banners pursuant to City sign regulations.
Honorable Mayor and Members of City Council
January 19, 20 1 0
Page 2
WRABA has obtained the required insurance and provided the City with
copies of its insurance certificates. A copy of the insurance certificate is
attached as Exhibit B.
Recommended Action:
Adopt the attached ordinance authorizing the encroachment described
above, subject to the terms and conditions set out in the ordinance.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
Wendy Jones, Williamson Road Business Association
CMl 0-0001 0
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I. WNGRETE SHALL BE 3000 PSI AT 28 DAYS.
2. A55UMED SOIL BEARING GAPAGITY = 1500 PSF.
3. DESIGN Ii'{IND SPEED = ClO MPH.
4. DESIGN WDE = 2006 IBG.
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In
SICS1N FOUNDATION FOR
~RBA ACROSS STREET BANNERS
ROANOKE, VIRCS1INIA
DAY & laNDER CONSULTING ENGINEERS, PLLC
SHEET NO.
P.O. BOX 20187 . 3239 ELECTRIC ROAD, Sl:rTE 2 'ROA.'\jOKE, VIRGINL'\ 24018
PHONE: 540 774-5706 'FAX: 540 772-3266 .E~IL: jay@daj"lndkinder.com
DATE: 10-21-2009
CO.'.e.L NO, 09-169
51
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38702-011910.
AN ORDINANCE to transfer funding from the General Fund Contingency for Snow Removal
Chemical funding, amending and reordaining certain sections of the 2009-2010 General 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
2009-2010 General Fund Appropriations be, and the same are hereby, amended and reordained to read
and provide as follows:
General Fund
Appropriations
Contingency
Chemicals
01-300-9410-2199
01-530-4140-2045
($ 198,230)
198,230
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
\
ATTEST:
~in.ino~
City Cler~. /
~f
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
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Snow Removal Funding -
Chemical Purchase
Background:
The snow event of December 18-19, 2009 resulted in snow fall of 18". The
budget for snow removal activities was adopted for FY 2009-2010 at
$110,280 based on historical expenditure levels. This includes $22,000 for
chemicals which would provide for the purchase of approximately 300 tons.
Considerations:
An existing supply of chemicals was utilized in response to the December 18-
20, 2009, snow event leaving 1,000-1,500 tons of chemicals available on-site
which would be sufficient for one additional snow event. Additional snowfall
has occurred since December 20, 2009, for which a limited amount of the
remaining chemicals was utilized. Transportation staff recommends the
purchase of 3,000 tons of salt which will require additional funding of
$198,230 at current price levels.
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
Recommended Action:
Adopt the accompanying budget ordinance to transfer funding in the amount
of $198,230 from Budget Contingency (01 -300-941 0-21 99) to the Snow
Removal Budget (01-530-4140-2045) for the purchase of chemicals.
Respectfully submitted,
Darlene L. B cham
City Man'ager
DLB:acm
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Bob K. Bengtson, Director of Public Works
Mark D. Jamison, Manager, Transportation Division
CM 10-00009
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38703-011910.
AN ORDINANCE to appropriate funding from theFund Balance Designated for
Self-Insured Claims, amending and re-ordaining certain sections of the 2009-2010 General
and Risk Management, Funds Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2009-2010 General and Risk Management Funds Appropriations be, and the same are
hereby, amended as follows:
General Fund
Appropriations
Transfer to Risk Management Fund 01-250-9310-9529
Fund Balance
Reserved for Self-Insured Claims 01-3327
/
Risk Manaaement Fund
Revenues
Tr,ansfer from General Fund
Retained Earnings
Reserve for Self-Insured Claims
19-3327
19-110-1234-0951
$ 250,000;
(250,000)
250,000
250,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
, .
, .
ATTEST:
~tn.~~
City Clerk.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
\
Appropriation of Fund Balance Designated for Self-Insured Claims
City Code stipulates that $250,000 in General Fund balance shall be reserved annually
for self-insured claims of the City. The maximum balance of the reserve is three
percent of the total General Fund appropriations for the concluded fiscal year. As
such, at June 30, 2009, $250,000 was reserved in the General Fund for self-insured
liabilities. This amount needs to be transferred to the Risk Management Fund where
the City accounts for all of its self-insured liabilities.
Recommended Action:
Appropriate $250,000 designated in the General Fund for self-insured claims to be
transferred to the Risk Management Fund. Establish a revenue estimate of the same
amount in the Risk Management Fund.
Sincerely,
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk .
Sherman M. Stovall, Director of Mami.gement and Budget
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: November Financial Report - City of Roanoke
The following financial report provides commentary on the City's financial results
for the first five months of this fiscal year.
General Fund revenues through November of FY10 are 1.9% or $1,552,000 below
last year as presented in the accompanying financial statement. However, revenues
in total are impacted by a revenue recognition policy change in the Charges for
Services category. Adjusted for this change, total revenues are down $1,213,000 or
1.5%. Real Estate Tax collections have increased over last year and the total levy for
FY10 grew 2% as a result of commercial growth and new construction. Other local
taxes, most notably the local portion of the state sales tax, have continued to
decline due to current economic impacts.
The current expenditure budget for FY10 represents a 1.4% decrease from the
budget as of November FY09 due primarily to budget reduction measures including
Honorable Mayor and Members of Council
I January 19, 2010
Page 2
reductions in the number of employee positions, employee benefits, and programs
and services. As of November, actual expenditures are down 1.0% or $1,205,000
compared to the first five months of FY09 largely driven by decreased costs in Public
Works and Parks, Recreation, and Cultural. Both positive and negative variances are
discussed in the expenditure section of this narrative.
Revenues:
Overall revenues are lagging behind budget estimates and we expect this to
continue through the current fiscal year. The current revenue shortfall for FY10 is
projected at approximately $9 million compared to the adopted budget. This is a
decrease of 3.5% compared to the original adopted budget and places FY10 revised
revenues at 4.8% below FY09 unaudited revenues. The downward revenue
adjustment is established with conservative assumptions because the City's local tax
revenue declines have just slightly begun to show improvement. At this stage in the
fiscal year, it is prudent to develop conservative revisions to enable the City to
manage the shortfall with low risk that we will again downward adjust these
estimates later this fiscal year. Some of our significant local taxes, especially the
sales tax, remain below FY09 levels by significant amounts as further described in
this report. These trends, coupled with funding reductions of $1.5 million
announced by the Commonwealth and our expectations that some Spring taxes,
such as Business License Tax and Personal Property Tax, will perform poorly,
combine to produce this revised estimate.
Commentaries on significant variances are shown below.
General Prooertv Taxes increased 1.5% or $593,000 compared to FY09 due to
growth in real estate assessments. The total levy for real estate increased 2.0% and
collections so far in FY10 are ahead of FY09. Partially offsetting the increase in this
category was a decline in personal property tax revenue due to lower monthly
billings and higher refunds. However, the due date for the majority of FY1 0 personal
property taxes is not until the second half of the fiscal year.
Honorable Mayor and Members of Council
January 19, 2010
Page 3
Other Local Taxes decreased 6.7% or $1,190,000 compared to FY09. The majority
of our local taxes are trending lower due to the negative impact of the national
economic decline. Sales tax revenues, which began to decline in January 2009, are
17.7% lower this year through October sales. Transient Occupancy, Prepared Food
and Beverage, and Telecommunications taxes have also declined compared to last
fiscal year by 8.9%, 2.8% and 5.2%, respectively.
Permits. Fees. and Licenses decreased 37.7% or $198,000 compared to FY09. New
construction has slowed due to the declining economy, resulting in fewer permits
obtained and lower permit revenues. In addition, there were several commercial
permits obtained in early months of FY09'.
Revenue from the Use of Monev and Prooertv fell 23.3% or $97,000 compared to
FY09 due to the loss of rental income from State employees vacating space at the
Commonwealth Building.
Intergovernmental revenues increased 0.1 % or $18,000 over last year. Although the
net increase is immaterial, there are a few increases and decreases in this category
worth noting. Social services revenues increased 3.0% or $259,000 over last year
due to increased day care expenditures paid by the City. This increase is mostly
offset by decreases in other categorical and non categorical aid such as Rental Car
tax, EMS-Four for Life, and Law Enforcement (HB 599) funding, as well as
reimbursement for constitutional officers. It is important to note that this category
will be further impacted by $1.5 million in Commonwealth budget reductions to
constitutional officers as well as reduced funding for law enforcement, libraries, and
various social services.
Charges for Services decreased 14.4% or $471,000 compared to FY09 due in part to
a timing difference and a change in revenue recognition policy. This change was
implemented July 1, 2009. Though it impacts results in the current report, this is .
not expected to alter revenue in this category for the fiscal year as a whole. Also
contributing to the decline in this category is lower revenue received for housing
federal prisoners (16.8%) and prisoners from other localities (57%) due to the shift of
prisoners to the new regional jail that opened in March 2009.
Honorable Mayor and Members of Council
January 19, 2010
Page 4
Internal Services decreased 25.6% or $252,000 due primarily to a timing difference
in the receipt of payment for school playground services. The payment was received
in October last year, but has not yet been received in the current year. Also
contributing to the variance is a decrease in the billing of School Resource Officers
due to the elimination of three positions. In addition, there was a decline in
building maintenance revenues compared to FY09 when billings were made for
repairs and maintenance at the Market Building.
Expenditures:
The fiscal year 2010 General Fund expenditure budget totals $258.0 million and
includes funding of approximately $1 million to cover contracts and purchase orders
made during fiscal year 2009 but not paid by the end of that year. The General
Fund expenditures and encumbrances through November were $114.6 million and
represent a decrease of 1.0% or approximately $1.2 million compared to FY09. It
should be noted that this total variance is impacted by a large timing difference in
the encumbrance of the Health Department subsidy which will be rectified in
December. Adjusted for this timing issue, expenditures in total are down 2.2% or
approximately $2.5 million compared to FY09.
With the lower revenue outlook for FY10, several expenditure reduction strategies
were implemented during the first quarter. They include the deferring of planned
expenditures for fleet replacement and technology capital, a hiring freeze, and
managing the budget contingency conservatively. In addition, Department
Managers, Constitutional Officers, and Council Appointed Officers have been asked
to develop budget reduction options of 15% to 30% of their year to date unexpended
budget. The development of these plans will help define additional expenditure
reductions necessary to address the revised revenue outlook,
Expenditure variances are discussed in the following sections.
Public Works expenditures declined 7.9% or $1.0 million due primarily to a decrease
in street paving costs. FY09 costs were higher than normal due to carryover FY08
contracts. Also contributing to the decline in this category are decreases in solid
Honorable Mayor and Members of Council
January 19, 2010
Page 5
)
waste management due to higher costs in the prior fiscal year related to the
purchase of solid waste containers, as well as a decline in motor fuel costs. In
addition there were declines in custodial services and building maintenance costs
due to planned expenditure reductions.
Health and Welfare expenditures increased 9.0% or $1,448,000 over FY09 due
primarily to a timing difference in the Health Department subsidy contract. This
timing difference will be rectified next month, as the FY09 contract was encumbered
in December. Adjusted for this timing issue, this category increased only 0.6% or
$113,000 over last fiscal year.
Parks. Recreation and Cultural expenditures decreased 14.3% or $773,000 from
FY09. The budgeted expenditures in this category decreased 13.3% from the
budgeted total in FY09. Roanoke Arts Commission expenditure reductions of 20%
were planned for FY10 including the elimination of funding for the Arts Festival.
Also contributing to the variance in this category is a reduction in Event Zone
expenditures, program activities, supplies, and decreased advertising.
Communitv Develooment expenditures decreased 9.9% or $300,000 from last fiscal
year due i~ part to planned decreases in membership and affiliation appropriations.
Also contributing to the variance is a decline in economic development costs due to
decreased appropriations for Roanoke Sister Cities, Roanoke Regional Chamber of
Commerce, and Cultural Agency Marketing costs. This category also includes a
timing difference related to the Regional Economic Development Agency contract as
it was encumbered in total in October 2008 for FY09, but is being paid quarterly in
the current fiscal year.
Nondeoartmental expenditures increased 31.0% or $265,000. There was a
significant increase in transfers to the Grant Fund as of November compared to the
prior fiscal year. However, this variance was related to timing and overall
expenditures in this category are expected to be within budget for the year.
Honorable Mayor and Members of Council
January 19, 2010
Page 6
Civic Facilities Fund:
. Prior year results are not fully comparable since the City and Global Spectrum
accounting methods differ. Comparisons between years will focus on the Operating
Income or Loss measure as well as the Change in Net Assets which provides a
meaningful comparisons.
The Operating Loss for FY1 ~ year to date increased by 6.0% or $59,000 when
compared to FY09. When this is adjusted for VML Host City Night expenses
recorded in this fund, the increase is only 4.0% _or $39,000. The Loss Before
Transfers and Contributions increased 2.7% or $33,000 compared to the prior year.
When adjusted for VML revenues recorded in this fund, the increased loss is only
1.1 % or $13,000. The VML expenditures not funded by the VML registration fees or
donations will be covered by a transfer in January. The transfer from the Capital
Projects Fund of $47,447 is for acoustical improvements at the Special Events
Center.
Global Spectrum management of the Civic Center operations continues to bring
improvements in the quality and quantity of events. The number of November
events exceeded the budget, but the November paid attendance fell short of budget.
There were twenty-six events in November, bringing in 17,496 in paid attendance.
The year to date paid attendance is now 69,204 The Civic Center year to date
attendance is ahead of budget by 6.9% or 4,454 attendees and events are ahead of
budget by 37.6% or 32 events.
Parking Fund:
Operating Income for the 2010 fiscal year to date reflects a decline of 26.2% or
$79,000 compared to FY09. This decline was the result of a 5.1 % decrease in
revenues and an increase in expenses of 3.1 %. Lancor, our management firm for
the parking garages, continues marketing services to downtown businesses to
improve the revenue shortfall and is working to minimize expenses.
Honorable Mayor and Members of Council
January 19, 2010
Page 7
~ A reduction of leased spaces by two major customers had a significant
negative impact on revenues for Church and Tower garages.
~ Increased Operating Expense continues to be driven by higher utility costs
and management fees. Equipment and building maintenance expenses
have declined 9.8% as management attempts to offset declining revenues.
Market Building Fund:
The Market Building results reflect an improvement in the Operating Loss of nearly
$210,000 for the current year when compared to the prior year. When FY09
performance is adjusted to remove the FY09 repair and maintenance expenses,
FY10 Operating Loss is $5,000 less than FY09. Revenues are down 5.2% in FY10
and, expenses are down by 8.8% after adjusting for the FY09 repairs and
maintenance.
~ The Market Building revenue variance was driven by two additional vendor
vacancies in FY1 0 as compared to the same time in FY09.
~ The transfer from the Capital Projects Fund of $2.2 million is for Market
Building renovations.
In closing, we continue to experience a difficult year with many challenges. The
City' revenues are lagging behind the budgeted numbers due to the impact of the
national economic downturn on our local economy. The City works to be proactive
in addressing financial responsibilities and to manage expenditures accordingly.
Please call me with any questions you have on the City financial statements. I will
be glad to assist you.
Sincerely,
fQJ6~
Ann H. Shawver
Director of Finance
Honorable Mayor and Members of Council
January 19, 2010
Page 8
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
Deborah J. Moses, Parking Facilities Manager
Chris Connolly, General Manager, Global Spectrum
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Intergovernmental
Charges for Services
Internal Services
Transfers From Other Funds
Miscellaneous Revenue
Total
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and Cultural
Community Development
Transfer to Debt Service Fund
Transfer to School Fund
Nondepartmental
Total
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2009
STATEMENT OF REVENUE
(UNAUDITED)
Current Actual
Revenue July 1 - November 30
Budget 2009 - 2010
$ 100,966,000 $ 40,593,883
72,499,000 16,595,768
1,166,000 328,215
1,472,000 590,496
597,000 318,063
69,168,307 18,358,281
7,955,000 2,803,282
2,637,000 732,961
20,000 20,000
505,000 301,694
$ 256,985,307 $ 80,642,643
Actual
July 1 - November 30
2008 - 2009
$ 40,000,814
17,785,857
526,524
574,354
414,705
18,340,257
3,274,769
985,409
33,333
258,822
$ 82,194,844
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure
Budget
$ 12,736,888
7,880,850
60,330,417
25,813,148
39,417,795
9,905,345
7,078,276
22,175,753
63,847,461
8,828,050
$ 258,013,983
Actual
July 1 - November 30
2009 - 2010
$ 5,250,400
3,162,993
27,280,932
12,263,590
17,530,582
4,634,874
2,744,578
13,974,483
.. 26,603,109
1,120,330
$ 114,565,871
1
Actual
July 1 -November 30
2008 - 2009
$ 5,596,191
3,438,810
28,060,149
13,310,729
16,082,503
5,408,099
3,044,552
13,579,663
26,394,775
854,902
$ 115,770,373
Percent of
Budget
Received
40.2%
22.9%
28.1%
40.1%
53.3%
26.6%
35.2%
27.8%
100.0%
59.7%
31.4%
Percent of
Budget
Obligated
41.2%
40.1%
45.2%
47.5%
44.5%
46.8%
38.8%
63.0%
41.7%
12.7%
44.4%
FY10 vs FY09
Variance
1.5 %
-6.7 %
-37.7 %
2.8 %
-23.3 %
0.1 %
-14.4 %
-25.6 %
-40.0 %
16.6 %
-1.9 %
FY10 vs FY09
Variance
-6.2 %
-8.0 %
-2.8 %
-7.9 %
9.0 %
-14.3 %
-9.9 %
2.9 %
0.8 %
31.0 %
-1.0 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2009
(UNAUDITED)
FY 2010
FY 2009
Ooeratina Revenues
Rentals
Event Expenses
Advertising
Admissions Tax
Facility SurchargefTicket Rebate
Commissions
. Ancillary
Miscellaneous
$
894,589
493,110
45,835
137,905
114,350
45,927
37,779
38,393
$
298,405
70,749
18,668
63,766
60,979
20,285
32,876
860
Total Operating Revenues
1,807,888
566,588
Ooeratina Exoenses
Personal Services
Operating Expenses
Management Fees
Depreciation
419,141
1,907,615
130,100
389,150
669,366
493,150
383,108
Total Operating Expenses
2,846,006
1,545,624
Operating Loss
(1,038,118)
(979,036)
Nonooeratin'a Revenues/CExoenses)
Other
Investment Income
Interest Expense
30,614
7,023
(253,724)
(216,087)
14,852
7,475
(264,319)
(241,992)
Net Nonoperating Expenses
Loss Before Transfers and Contributions
(1,254,205)
(1,221,028)
Transfers and Contributions
Transfer from Capital Projects Fund
Transfer to Debt Service
Net Transfers and Contributions
47,447
(49,684)
(2,237)
(50,559)
(50,559)
Change in Net Assets
$ (1,256,442)
$ (1,271,587)
NOTE: Differences in operating and accounting methods used by the City and Global Spectrum diminish the
meaningfulness of comparisons between FY09 and FY10 above the "Operating Loss" line.
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2009
(UNAUDITED)
FY 2010 FY 2009
ODeratina Revenues
Market Garage $ 118,474 $ 132,347
Elmwood Park Garage 215,331 213,702
Center in the Square Garage 120,746 117,283
Church Avenue Garage 251,743 285.365
Tower Garage 166,773 213,379
Gainsboro Garage 59,750 53,064
Campbell Garage 10,225 7,770
Williamson Lot 37,338 34,597
Higher Ed Center Lot 23,769 25,582
Market Lot 9,117 9,719
Elmwood Lot 34,324 30,881
Warehouse Row Lot 15,130 12,071
West Church/YMCA Lots 10,946 10,946
Parking Violations (All Locations) 19,451 4,552
Total Operating Revenues 1,093,117 1,151,258
ODeratina EXDenses
Operating Expenses 521,071 505,168
Depreciation 348,190 342,758
Total Operating Expenses 869,261 847,926
Operating Income 223,856 303,332
NonoDeratina Revenues/(ExDenses)
Investment Income 9,579 26,018
Interest Expense (192,818) (208,163)
Net Nonoperating Expenses (183,239) (182,145)
Income Before Transfers and Contributions 40,617 121,187
Transfers and Contributions
Transfers In 14,466
Net Transfers and Contributions .y!~'
1'4,466
Change in Net Assets $ 40,617 $ 135,653
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2009
(UNAUDITED)
FY 2010
FY 2009
Operatina Revenues
Charges for Services
$
87,192
$
92,006
Total Operating Revenues
87,192
92,006
Operatina Expenses
Other Services and Charges
Depreciation
91,843
41,520
305,688
42,232
347,920
Total Operating Expenses
133,363
Operating Loss (46,171 ) (255,914)
Nonoperatina Revenues
Investment Income 5,729 2,880
Miscellaneous 88
Net Nonoperating Revenues 5,729 2,968
Loss Before Transfers & Contributions (40,442) (252,946)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062 (1 )
Net Transfers and Contributions 2,205,062
Change in Net Assets $ 2,164,620 $ (252,946)
(1) Funding for Market Building renovation.
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED NOVEMBER 30, 2009
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 NOVEMBER 30, 2009.
BALANCE AT
OCT 31, 2009
CONSOLIDATED FUNDS $79,233,37627
RECEIPTS
$15,209,035.78
BALANCE AT
DISBURSEMENTS NOV 30, 2009
$26,764,597.62 $67,677,814.43
BALANCE AT
NOV 30, 2008
$84,320,923.03
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 NOVEMBER 30, 2009. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN WACHOVIA BANK
CASH IN HOMETOWN BANK
CASH IN VALLEY BANK
INVESTMENTS:
WACHOVIA OVERNIGHT SWEEP ACCOUNT
LOCAL GOVERNMENT INVESTMENT POOL
SMITH BARNEY GOVERNMENT MONEY MARKET FUND
CERTIFICATES OF DEPOSIT
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$17,426.27
358,428.09
100.00
1,619.13
1,549,000.00
6,193,327.01
4,210,792.00
15,051,614.64
6,000,000.00
7,123,234.33
27,172,272.96
$67,677,814.43
DECEMBER 14, 2009
~~A.~
VEL YN . POWERS, TREASURER
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2009
(UNAUDITED)
FY 2010 FY 2009
Add itionsUReductions ):
Employer Contributions $ 4,267,382 $ 4,956,115
Investment Income
Net Appreciation/(Depreciation) in Fair Value of Investments 36,675,855 (85,881,272)
Interest and Dividend Income 1,715,692 2,901,813
Total Investment Gain/(Loss) 38,391,547 (82,979,459)
Less Investment Expense 139,239 83,865
Net Investment Gain/(Loss) 38,252,308 (83,063,324)
Total Additions/(Reductions) $ 42,519,690 $ (78,107,209)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase/(Decrease)
$ 11,486,918 $ 10,831,913
20,457 8,300
11,507,375 10,840,213
31,012,315 (88,947,422)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance November 30
266,428,241
$ 297,440,556
344,383,415
$ 255,435,993
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
NOVEMBER 30, 2009
(UNAUDITED)
FY 2010 FY 2009
Assets
Cash* $ $ 1,126,087
Investments, at Fair Value 299,816,979 256,477,668
Due from Other Funds 1,294 1,811
Total Assets $ 299,818,273 $ 257,605,566
.Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accol,lnts Payable
$ 2,376,727
990
$ 2,169,467
106
Total Liabilities
2,377,717
2,169,573
$ 255,435,993
Net Assets Held in Trust For Pension Benefits
$ 297,440,556
* Negative cash balance of $61,140 is reported as Due to Other Funds. Cash balance fluctuates based
on the timing of transfers from Investments and is not reflective of a change in cash availability.
7
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: cIerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 22, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
,
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 38704-011910
appropriating funding from the Economic and Community
Development Reserve to the Grandin Court Gym project and
transferring funding from the Reserve for Roof Replacement account
to the Patrick Henry High School Culinary Arts project, and amending
and reordaining certain section of the 2009-2010 School Capital
Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
K:\Agenda Correspondence\January 19, 2010\January i9, 2010 Correspondence. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38704-011910.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve to the Grandin Court Gym project and to transfer funding from the
Reserve for Roof Replacement account to the Patrick Henry High School Culinary Arts
project, amending and reordaining certain sections of the 2009-2010 School 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 2009-2010 School Capital Projects Fund Appropriations be, and the same
, are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
31-065-6089-9003
31-065-6095-9003
31-065-6096-9003
$ (550,000)
400,000
550,000
Fund Balance
Economic and Community
Development Reserve- Unappropriated
31-3365
(400,000) .
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: .
~h1.
City Cleric ~
January 19, 2010
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on January 12, 2010, the Board
respectfully requests City Council approve the following appropriations:
New Capital Appropriations:
Grandin Court Gym
Revised Capital Appropriations:
Reserve for Roof Replacement
Patrick Henry High School Culinary Arts
Total
S 400,000
Net Change
S -550,000
S 550,000
S 0.00
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
~+t.P~
C~dYH} Poulton, Clerk
pc: William M. Hackworth
Ann H. Shawver
Rita D. Bishop
Margaret Lindsey
Darlene Burcham
David B. Carson
Curt Baker
Yen Ha (w/details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
11fI~
f1I
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
Dav;d B. Carson
Cha;rman
Jason E. B;ngham
Vke Cha;rman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lod E. Vaught
Dr. R;ta D. B;shop
Supedntendent
C;ndy H. Poulton
Clerk of the Board
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
School Board Appropriation Request I
As the result of official School Board action at its January 12th meeting, the Board
respectfully requested that City Council appropriate funding of $400,000 to the
Grandin Court Gym project. Funding is available in the School Capital Projects Fund
Reserve for Economic and Community Development. The Board also requested
transfer of $550,000 from the Reserve for Roof Replacement account to the Patrick
Henry High School Culinary Arts account. These funds are available from appropriation
by the City to the Schools in June 2008. These are cash funds that originated from the
City's Undesignated Fund balance allocable to schools.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
fr:J6~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk ,"
Sherman M. Stovall, Director of Management and' Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
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: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
.January 22, 2010
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 38705-011910
appropriating funding from the Federal and Commonwealth
governments for various educational programs, and amending and
reordaining certain section of the 2009-2010 School Fund
Appropriations.
. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Sincerely,
JttR.~.tJ1'\ · h1 D ~
Stephanie M. Moon, c),..c
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
K:\Agenda Correspondence\January 19, 201O\January 19,2010 Correspondence. doc .
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day 9f-~J'anuary, 2010.
No. 38705-011910.
AN ORDINANCE to appropriate funding from the Federal and, CQmmonwealth
,governments. for various educational programs, amending and reordaining certain
sections of the 2009-2010 School Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE !T ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 School Fund Appropriations be, and the same 'are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teacher Salary - Jackson
Social Security - Jackson
Teacher Salary - Breckinridge
Social Security - Breckinridge
Teacher Salary - Addison
Social Security - Addison
Purchased Services
Revenues
State Grant Receipts
Federal Grant Receipts
302-110-1305-0230-359D-61100-41121-3-01
302-11 0-1305-0230-359D-611 00-42201-3-01
302-110-1305-0210-359D'-61100-41121-3-01
302-110-1305-0210-359D-61100-42201-3-01
302-11 0-1305-0280-359D-611 00~41121-3-0 1
302-11 0-1305-0280-359D-611 00-42201-3-01
302-120-0000-1000-1 05D-6131 0-43313-9-02
302-000-0000-0000-359D-00000-32400-0-00
302-000-0000-0000-1 05D-00000-38027 -0-00
$ 4,645
355
9,290
710
4,645
. 355
5,000
20,000
5,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this. ordinance by title is hereby dispensed with.
ATTEST:
~~-L)n m Ollv'J
City Clerk. ~
January 19, 2010
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on January 12, 2010, the Board
respectfully requests City Council approve the following appropriations:
New Appropriations:
Virginia Middle School Teacher Corps -
Jackson, Brecki nridge & Addison 2009-10
Bridging the Gap 2009-10
$20,000
$ 5,000
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
5-1\.P~
Cindy H. Poulton, Clerk
pc: William M. Hackworth
Ann H. Shawver
Rita D. Bishop
Margaret Lindsey
Darlene Burcham
David B. Carson
Curt Baker
Yen Ha (w/details)
C-~'~:;I::' Ti.\j I :'(,! -,:~\d., ~.~!:"..:()
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lo,; E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
School Board Appropriation Request
As the result of official School Board action at its January 12th meeting, the Board
respectfully requested that City Council appropriate funding of $20,000 to the Virginia
Middle School Teacher Corps - Jackson, Breckinridge & Addison 2009-10 project and
$5,000 to the Bridging the Gap 2009-10 project.
The Virginia Middle School Teacher Corps program is designed to help schools
designated as at risk in mathematics to fill teaching vacancies with qualified,
experienced math teachers and improve student achievement in mathematics. The
program grant supports a salary differential for qualifying math teachers at Jackson,
Breckinridge and Addison Middle Schools and will be reimbursed 100 percent by state
funds.
The Bridging the Gap program will be in partnership with Family Services of Roanoke
Valley and restricted toward the Bridging the Gap Seminar in the Wrap-Around
Program. . The program will be reimbursed 100 percent by federal funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
~
Ann H. Shawver
Director of Finance
Honorable Mayor and Members of Council
January 19, 2010
Page 2
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
i ._1.,1 ',-
.. f'
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
January 22, 2010
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dr. Rita D. Bishop, Superintendent
Roanoke City Public Schools
Roanoke, Virginia
Dear Ms. Burcham and Dr. Bishop:
I am enclosing copy of Resolution No. 38706-011910 recognizing and
supporting the Roanoke Community College Access Program.
The abovereferenced measure was adopted by the Council 'of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010.
Sincerely,
1Fi-R.". ~ t..JYvl. ~-.>
Stephanie M. Moon, CMC
City Clerk
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Cindy H. Poulton, Clerk, Roanoke City School Board
'\
K:\Agenda Correspondence\January 19, 201 O\January 19, 2010 Correspondence. doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38706-011910.
A RESOLUTION recogmzmg and supporting the Roanoke Community College Access
r
Program (CCAP).
WHEREAS, Roanoke City Public Schools started a community changing program called
Roanoke Community College Access Program (CCAP) that pays for two years of college for those
who are ready for college, yet unable to pay;
WHEREAS, the Roanoke CCAP is an innovative, yet proven way of increasing hope in our
children, thus increasing graduation rates, workforce readiness, and the long term viability of the
Roanoke Valley;
WHEREAS, Roanoke City Public Schools created a funding mechanism for the CCAP
\
program that was a partnership among Virginia Western Community College, local businesses,
foundations, the school system and the City;
WHEREAS, it is the intent of the City and the Roanoke City Public Schools to share equally in
half of the funding for CCAP, which is estimated to be $100,000 each annually, with businesses and
foundations funding the other half; and
WHEREAS, the funds from the City will be included imtially within the $500,000 annual
increase in incremental funds added to the funding formula until FY 2014, when the additional
"
$100,000 will be distributed directly from the City to Virginia Western Community College.
K:\Measures\Community College Access Program Schools 2009.doc
THEREFORE BE IT RESOLVED jointly that the City of Roanoke and the School Board of the
City of Roanoke adopt this Resolution recognizing and supporting the Roanoke Community College
Access Program and commending all ofthose involved in making it a reality for our community.
ATTEST:
\
~h7."1~
City Clerk.
K:\Measures\Community College Access Program Schools 2009,doc
~~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38707-011910.
A RESOLUTION supporting the establishment of a bus service from the City of
Roanoke to the Lynchburg Amtrak train station.
"
WHEREAS, Lynchburg's Amtrak passenger rail service is a vital transportation
link between southwest Virginia and the Washington, D.C. area;
WHEREAS, citizens of the Roanoke Valley should Q.ave a convenient,
economical, and reliable means to access Lynchburg's Amtrak passenger rail service;
WHEREAS, the establishment of a bus service between Roanoke and Lynchburg
supporting the use of passenger rail service is in the best interest of local, state and
federal governments; and
WHEREAS, mass transportation helps reduce traffic congestion, carbon
monoxide emissions and enhances traffic safety.
\
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council hereby requests that the Commonwealth of Virginia consider funding a three (3)
year pilot bus service between Roanoke and the Lynchburg Amtrak train station.
ATTEST:
~ 1YJ. '1f1frJ
City of Roanoke
Capital Improvement Program
Discussion
Janu'ary 19, 201 0 <
Adopted CIP
Conformed to debt policy limits when adopted in
September 2009
Upon'revision of revenue estimates and preliminary
FY11 forecasting, exceeds limits in FY10, FY11, FY12
and FY13
While there are three debt policy limits, the most
restrictive is the policy element that not more than 1 0%
of the combined City an.d School budget may be used
toward debt service on City and School projects
Reduction of budget reduces amount of debt that can t
issued if City wishes to comply with policy
Revisions recommended by staff to seek compliance
with debt policy, ease budgetary pressures to fund deb
.
service
Revision Principles
Comply with debt policy limits in all future years
Retain all CIP projects - delay if needed, but do not
remove any projects
Examine existing projects for remaining balances that
can be redirected to reduce reliance on debt issuance
Projects with public safety impacts or outside agency
mandates receive first priority
Market Building project schedule retained
Recent award of competitively obtained Qualified Scho
Construction Bonds (QSCBs) added to schedule thoug
not part of adopted CIP .
Other projects delayed one to two years to achieve
policy compliance .
Existing. Funding Available for
Reallocation to Priority Projects
Project Amount Impact to Project
Storefront Library $1,369,115 Will not be done
Gainsboro Library 133,590 None, remaining funds
Jackson Park Library 17,303 None, remaining funds
New full service library branch 238,384 Project will be delayed to FY12
design (Peter's Creek Road)
Opening day library collection 565,000 Alternative funding required
Melrose Fire-EMS Station 302,000 None
Market rate home purchase 154,608 Alternative funding required
rehab
Total $ 2,780,000
This amount is recommended for reallocation to the Police Academy proj~
This, coupled the fact that the project is $220,000 below budget, will mitig
the need for bond issuance in FY10.
:y 201 0 Capital Project Statu~
Resulting Statistics
3sed on the following proposed debt issuance, the City
will be able to comply with its debt policy limit of 100/0 ir
future years:
· FY 11
· FY 12
· FY 13
· FY 14
· FY 15
9.990/0
9~970/0
9.950/0
9.250/0
7.820/0
I
I
I
I
_______ Current CIP- ---------------- 1 1----- ----- Proposed Revisions---- -------
ssuance I FY10 FY11 I FY12 I FY13 I
-T Amount I I I
I (Red font indicates year is out of comoliance with debt
Iy planned for FY09 but debt issuance delayed since cash not needed until FY10
:ussions
-I
FY14
! :Notes and Comments
Project
olicv at oresent)
I:
e 1,640,000 ! 1,640,000! : Enterorise fund debl selfsuDDorlino, proiectunderway
, I I !Project is nearing completion. Use cash funding available from reallocation of remaining proje.
mv 3,000,000 , I ;funds instead - see slide detailing fundina sources and impact on other oroiects
~=~==:--~:~::::::::~.=:::::::::=:::::::=jl::~~:::~Q~J+1 =::~~~_~:: ---- --- ---- ___llQQ.,(JQ(J__________ ______.:__ll[)__'!~L~...Y__'!a!.s_' ~~d_~~~!~.':!.~l.~~E~_d_l:l.a_~~d~_"J.r1.i!!.a_'_"id .!,,;;.'lL~_.____________
1 ----.---.-.-r--.----,----+-.-. -- -- -- --------j-.t-".--.-.-- --- ----------..-----..---------------- -.--.---------------.---.------
--. -...- -.- .--.-----.-- ,.. .00 .-. - T - .----..t -;-.- -.. rTProject nee'a.s-to continue, this option delays a portion -oi issuance for debt policy compiiance
~i.B-""'.cLI3.~l!c.tlQ!l._.__.____________._ --~~g~~~66- _'__s~?,~Q_ .--lQ99,~9(JL1-500600.~-- -- ----:-- , --.-.--:---j-+~~ifvJl~~~~i~:~~!:.Cl~a~~~~~~fc~~~!a<!:i~~~~-~~~i'!fe~r!;~~~iiaied-----------
~!nT~;~jectsn----.-------n--- n_ --. . -- n -- ---lL~~6:-6~~'- - ..____nn______ --- - -- -1J~~~~6~H---- - --- :.-- -----------~--Hg~:~~- :=-;~~~;------ ----- . ----- ----..---------------- .----------------00 -----.---------------------.
1~<!Arn()ry______n --------.- ______I______~?gL()PO_ -I" --- ------- ______3?_Q,_OQO .-- ----- .:----1--------- ..- --.-------~--t!~~~f;:~:i~~~~~~~;:~!!(~is~~~~i;~H~-&~~~~:~~:!~iJ;,j-~h;~~~~~;~a~h~~~~d-,;;
'I I I idebt can be issued in FY11, another (Melrose Avenue Over Peters Creek Road) can be funde
,ation i 1,050,000 I 650,000 - : bv CDSG and removed from debt issuance list
_~iE.,,~Lk~_______n___ ----- .-- --1-- 1,(J00,(JQQ+~__ - :. -.t-- - -- -.:----1 __1,O(JO-,D.O(J - ----=---, -- -.: -1--~~~yp:e~~~~;ve-b.;encci;;;PI~i;,X-co-nil;;t;eiocashfj;;"w-these unlli,ssua';;;e;nm-"---;;-,--
do.!..s--"!>~t!.t'!!.eJ'~~i.e_c~L_______ - _1__l,~Q2,QQQ~ 1- -- ----. -,- s~Q,Q2Q. ~ -- - -=--- -_-_-_~ ~- -l-- -___=~:~tl::_~:;:~;~_:e~~;~~~~~~::~!~~~~:~():~b-_~N~~~~~:_~c-_i~:~~~:r~~~:J~:
l\'..(Q~CilL~C?j~9!~l~_~<0E~.!"E..CJ':'L. ______-=-__ _a___ ---..:.-J-"h!!,Q.,Q2Q.- ------=--- . -- -- ~
r Desion 1,200,000.. - 1,200,000 i Delav two Years, also better matches olanned time frame for construction
Total 19,795,000 1 :
I
.__a___.__n' -t 1,800,000 .- _on
--------... ------.--+H~~~6~l-------
11,308,000
5,561,925
------- Total-------'--' a_ --...-1-:11;169-,925 - ---------
._.___._.. .._.____._.________._. __._. m_.___~----.-----.-- ----------
'er Flood Reduction
vation
_n._.~_.___.....__. __
Sidewalk
Upgrade
inq
1,308,000
5,561,925
'IMII not be needed
..~. _._,_____~ _____..__ :Leave as is; considered a. public safety issue
--i Delay-tW;,-years-.---.-----------------..-------------------------------
: Leave as is; Motorola will not continue supporl
,Prioritv Council proiect; des ion underway
1,250,000
__1~259,Q.0Q.
.._.__._ .._ ___ ____________ .____. .-.-----t---------J.~-.-.- -------------.--.-.- -----------------.--------...-- ._____._m ------
ler Flood Reduction I 1,300,000 I ,IMII not be needed
;b~~~~-de an____m____ --.----- .... -.'-.' -.1~~~~6~6~~- . -- .. - ------ .______m... ..- 4,800000 nt9,44f,.o-O.Dlm______:____ -iF:;~~~:ei::~~~i~~;;i;;-;iil~~t-c~~ii~~-e-s,J~;;ort-------n_n .__.__________________u____________
~~~!~~~____l~t~I~_---_-_-~-_~-~-=_~_-_-_-_~.I-~;_~~~:~~~:~I~r---~:~~-~---~:I--~--.-~-~~---.I-~- .-~~--:---~I:-~~~~~~-~t=-~--------~----~---IQ~~~~~:.~~~-~-~---~~~~~-~=-~~-----~~-~--..~--~~--~~-~-~:~~=~:----~-----~~-~---~~~~~~~=~=~-~
_. ___._...______.....__ __ ..._.__. ._..._.n __ .J ....___......__ _ .__1._ ___m._ .__ .__.______ _n~_ ___.. _ u__ 00 __ .__. ___.a.__ -. .n - ---
I~r floo.~.B~<!!!~i~~__ _ ____._ __ .__ ______ ..1.L~9(),090 __ ___.._________ ...... __. _ _ _____._ _u_ ____n_ _____ a_ _;yy~l_"_~~_~_~_"_!'_~!l_~d__ __.___.______________. _ ___ 00_ ____m_______________.. ___________________m___
:er Plan 2,750,000 2,750,000 : Delav one year
t ' , 2._ ,_00_.0__,_0_0_0_._ _ ___. _.._.. ..;j\J-"-5'.__h_a_n...9.~_ i~p_'.a_n.n..e_d._i~s__"_a_n__c_e______a_....... --- -.----------------- -----.
~-~~~~fr~~~~!~~-P-'".n-...---------n----1~:6~K6~6- r m_________ .-. - _a________ -.---- --- ..-'[' 13,000,000 ,Delay one year to corresoond with desi~n delav. - - ----.-------------------------
-------..------Total----.------ --.--..'.-f-:j8.950,'OOO -.1-.--.--.---- .-------. .... ---...------.- .---.-----.-.-T------- ___...m_.________._.___. ..-----------.-----.------.----------....-------
--------.-.-00--------.---- -..- ----.---4-------.----.j--I------- ---.-.-- -.......- ---------- ........
1 613,000 1 -- -- --!-. --!-
613,000
---.....+--------- T -r u_ -. -------.------
,-
-- '
TIMII not be needed
ler Flood Reduction
Total
Grand Total -- 68,319,925 4,285,000 13.729,925 12,000,000 14,94200015.750,000 i
dicalecha-;;ne in .;rci;;oseda:r;;;;unt and,O;-';;;-';;'-;';dvear of issuancecomnared with Curr;';t~t------ -----+~
.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-]]45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 22, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
A public hearing on the proposed creation of a stormwater utility was
conducted at a regular meeting of the Council of the City of Roanoke
on Tuesday, January 19, 2010.
On motion, duly seconded and adopted, the matter was tabled.
Sincerely,
~h). ~l)tJ
Stephanie M. Moon, CMC
City Clerk
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Robert K. Bengtson, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Christopher J. Blakeman, Environmental Administrator
/
K: \Agenda Correspondence\l anuary 19, 20 I 0\1 anuary 19, 20 I 0 Correspondence. 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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
bear Mayor Bowers and Members of City Council:
Subject: Establishment of a
Stormwater Utility and Stormwater Fee
Background:
More than twelve years ago, the General Assembly recognized the need for
dedicated funding to address stormwater issues and responded with enabling
legislation for stormwater utilities in Virginia. Many of the larger municipalities in
the Commonwealth have implemented stormwater utilities and have seen the
benefit of dedicated revenue to address important storm drain infrastructure
needs. Many others states have provided similar legislation.
ihe proposed stormwater utility will provide reliable dedicated revenue that will
enable the City to address its substantial $60 million list of needed capital storm
water projects. With dedicated revenue we can begin a decades long process to
address our storm drain infrastructure needs. The proposed stormwater utility will
also provide financial resources necessary to address new mandated federal storm
water quality regulations.
The revenue from the proposed utility will not be used to supplant existing
maintenance funds or construction activities. Stormwater utility revenue is
dedicated revenue that cannot be allocated to other funding needs of our city; the
funds can only be spent on stormwater activities.
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
At Council's meeting on November 2, 2009, Council authorized the scheduling
and holding of a public hearing on the proposed Stormwater Utility Ordinance for
the Council's January 19, 2010, 7:00 PM meeting. Such public hearing is required
by Section 15.2-2114 of the Code of Virginia.
City staff has conducted more than forty community meetings to discuss the
proposed Stormwater Utility and has met with many others on an individual basis
since City Council's direction to proceed with development of a Stormwater Utility
in July 2009. In addition, a webpage has been established to provide our citizens
with information about the Stormwater Utility and why it is needed. In late
December 2009, staff also posted the proposed ordinance, public advertisement,
and fee assessments for all non-residential properties in the City on the webpage
and a copy has been available for public inspection in the City Clerk's Office.
City staff has developed a proposed ordinance establishing the Stormwater Utility
effective March 1, 2010, with an associated fee of $3.00 per ERU [Equivalent
Residential Unit] per month. The ordinance provides for the organization and
administration of the Stormwater Utility, defines exempt properties, and provides
for a system of credits for properties already providing stormwater management.
The proposed ordinance is attached for Council's consideration.
A public hearing has been properly advertised in accordance with the requirements
of the Virginia Code and will be held at Council's regular 7:00 PM meeting on
January 19, 2010. Absent comments at the Public Hearing requiring further
consideration, City Council will be requested to adopt the proposed Stormwater
Utility Ordinance and stormwater utility fee provided for therein.
Recommended Action:
Amend the Code of the City of Roanoke (1979), as amended, by adding a new
Chapter 11.5, Stormwater Utility, by adopting the attached ordinance which will be
effective on and after March 1, 2010.
Respectfully submitted,
Darlene L. B rcham
City Manager
Honorable Mayor and Members of City Council
January 19, 2010
Page 3
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager of Operations
R. Brian Townsend, Assistant City Manager for Community Development
Robert K. Bengtson, PE, Director of Public Works
Sherman M. Stovall, Director of Management and Budget
Philip C. Schirmer, PE, LS, City Engineer
Christopher J. Blakeman, Environmental Administrator
CM 10-00008
ROANOKE REGIONAL AIRPORT.COMMISSION
, 5202 AvtaHon Drtve
Roanoke, VA 24012-1148
(540) 362-1999
FAX (540) 563-4838
www.roanokeairport.com
January 14, 2010
Bv Email via the City Clerk
Honorable Mayor David Bowers and Members
Roanoke City Council
Dear Mayor and Members of City Council:
I am writing to you on behalf of the Roanoke Regional Airport Commission regarding the
proposed Storm water Utility Fee as described in the draft ordinance recently published on the
City's website. Also, I would appreciate the opportunity to address Council on this issue next
Tuesday evening, but thought it would also be a good idea to advise you of our concerns in this
letter, since, if the ordinance is passed in its current form, the Airport Commission would be the
highest payer of such fee by more than twice the amount that would be assessed against the
next highest payer. Absent an exemption or significant credits, the ordinance as proposed would
result in the Airport paying a fee of approximately $203,000 per year. This would amount to a
3% increase in the Commission's operating budget for the current year.
Over the past two years, the Commission has had to deal with significant decreases in
revenues, passengers, and flights, as well as state and federal funding. As a result, the
Commission has made sizeable cuts in its budget so we can keep our fees down and reduce
the likelihood of airlines cutting back or eliminating service. If the suggested fee is imposed, we
would have no alternative but to pass it on through the imposition of increased rent to our
tenants, as well as increased landing and parking fees. All of this could have a significant,
detrimental impact on air service to the region. Thus, given the importance of air service to our
region's economic health, very serious consideration should be given to exempting all or a large
part of the Airport from this fee.
Based on our preliminary review, we are concerned that a portion of the proposed ordinance
may be invalid as it would outright deny the Commission the waiver apparently required by state
law. In particular, as we understand Section 15.2-2114.B of the Virginia Code, which authorizes
the establishment of a Stormwater Utility fee, the statute requires a full waiver of charges to
federal, state or local government agencies when the agency owns and provides for
maintenance of storm drainage and stormwater control facilities. The Commission is such a
local government agency which owns and provides for maintenance of such facilities; however,
the draft ordinance (Section11.5-4(b)) adds additional conditions to the exemption, which the
Commission cannot meet, Le., that stormwater from the parcel does not drain to any component
of the City's stormwater management system. Since state law does not provide such a limitation
on the waiver to be afforded other governments, we question the City's authority to do so in the
draft ordinance.
Honorable Mayor and Members of Council
January 14, 2010
Page Two
If the Commission is not entirely exempted from the fee, then an exemption should be added to
the ordinance for the Commission's paved surfaces that form the network of runways, taxiways
and taxilanes, as well as for the public use roads owned and maintained by the Commission.
The state legislature recognized the public necessity and importance of roads and streets when
it specifically required a full waiver or exemption for roads and public street rights-of-way that
are owned and maintained by the state or local agencies. The proposed ordinance does not
recognize the "local agency" waiver for roadways, but instead restricts the waiver to City and
state roads. We believe that this restriction is inappropriate and that as a local public agency,
the Commission's public roads should be exempted.
However, even more important, the same recognition of public necessity and value that
exempts roads/streets from the fee should also be recognized for the paved surfaces the Airport
provides for airplane traffic. The runways, taxiways and taxilanes are essentially the roads and
highways used of necessity by aircraft, but unlike public. utilities and many other modes of
transportation providing facilities to the public, there are no shareholders or profit motive
involved with the provision of these airfield pavements, These surfaces are not discretionary,
but are essential to the interstate' and intrastate transportation system of which the City of
Roanoke is a part, and are equally as important as the highways and roads used to access and
move within this area.
We are not including the large aircraft parking ramps in this specific request for exemption, nor
the areas where passengers and/or employees park, since they generally are capable of
providing sufficient revenue to off-set their costs and most likely could do so if the airfield
runways, taxiways and taxi lanes were exempted.
We also note that the ordinance specifies -that stormwater utility fee credits generally are
restricted to 50%, With insufficient time to calculate what the Commission's credits might be, the
issue must still be raised as to why there would be a limit on the credits? It would appear that
such a ceiling would be a disincentive to adding more stormwater management facilities once
the ceiling has been met. Surely, it is the intent of Council to reduce the amount and improve
the quality of water entering the City's streams and stormwater system, not merely to collect
money; it appears that the credit limit would thwart this intent.
Finally, the timing of this action raises grave concerns for us. We have only had a limited time
to study the proposed ordinance and have yet to determine all of its ramifications to the Airport.
To fully assess all of this will involve in-depth engineering studies to determine and substantiate
what credits we may qualify for and to identify whether there are ways that we can make
modifications to our facilities in order to increase the Airport's credits or decrease its impervious
surfaces under the ordinance. Moreover, we are well into our budget year and having to absorb
this fee without ample timetp plan for it is punitive to our financial operations and planning.
Therefore, if Council decides to move forward with this ordinance, we urge that the effective
date of the assessment should not be until January 1, 2011, or even better, July 1,2011. This
would provide time to fully understand and meet the requirements of the ordinance, to budget
for its impact, and to determine if actions can be taken to better manage our stormwater runoff
in order to reduce the amount and improve the quality of the water entering the City's streams
and stormwater system while possibly reducing the fee imposed on the Airport Commission.
Honorable Mayor and Members of Council
January 14, 2010
Page Three
Thank you for your attention to this correspondence, we will be happy to provide any additional
. information or answer questions that you may have of the Commission.'
Sincerely,
~.. ~.fYJ 4"'- A ·
'J', ~s~. Tumer:"Jr:.
. airman
cc: Members of the Roanoke Regional Airport Commission
Jacqueline Shuck, Executive Director
Mark A. Williams, General Counsel
II'.JI
WESTERN VIRGINIA
WATER AUTHORITY
UTILITY ADMINISTRATION
January 19,2010
Ms. Stephanie M. Moon, City Clerk
City of Roanoke
456 Noel C. Taylor Municipal Building
215 Church Avenue SW
Roanoke, VA 24011
Re: Proposed Stormwater Utility Ordinance Chapter 11-5
Dear Ms. Moon:
The Westem Virginia Water Authority offers these comments for the public hearing record on the
proposed stormwater utility. Please note that these comments are either technical in nature or are
submitted in the context of a regulated entity. The Authority's Board of Directors has taken no
position with regard to creation of a stormwater utility.
We would like to congratulate staff for the tremendous effort expended to date to address this
important issue. Infrastructure renewal is not a glamorous topic. Regardless of the funding
mechanism eventually chosen, progress is needed. Staff should be commended for their leadership.
With regard to the ordinance:
· Section 11.5-4(b) states that "parcels owned by federal, state, and local governmental
agencies ..." are exempt under certain conditions. The Authority believes it is included in the
definition of "local governmental agencies" and requests confirmation. Further, this section
states that parcels are exempt under certain conditions including not draining to "any
component of the City's stormwater management system", Stormwater management system
is not defined. Is this only the pipe network or does this include open channels or natural
water ways such as creeks and streams? Is the Roanoke River within the City limits part of
the stormwater management system?
· Section 11.5-7(b) (3) states that "credits for on-site stormwater management facilities are as
follows if the facility was required under the provisions of Chapter 11.4 .. .", As worded, this
would seem to bar credits for parcels that either have already voluntarily constructed
stormwater management facilities or would like construct such facilities even if not actually
required to under City Code. While we certainly understand the desire to have such facilities
constructed to meet the specifications of City Code, the credit should not dependent on
whether a parcel is required to have such a facility.
· Section 11.5-7(e) provides a 10% credit for compliance with a- VPDES industrial stormwater
permit. ,Certain facilities in Virginia, such as the Regional WPC Plant, have stormwater permit
requireme'lts included in their overall VPDES discharge permit. We request the reference in
this section be modified to include 9VAC 25-31-220 as weUas 9VAC 25-31-120.
Our Mission is Clear
601 S. Jefferson Street. Roanoke VA 24011
540-853-1449. 540-863-1600 (fax) . www.westernvawater.org
Page 2
The ordinancehasan effective date of MarGh 1,2010. The Authority respectfuliy reque~ts that fee
billing not begin until some time after July 1, 2010 so that the Authority can budget funds.
Finally, Authority staff has reviewed the spreadsheetdetailing impervious surface quantities for non-
residential properti~s. While staff is in agreement with the calculation of billing units for the majority of
the Authority's properties, there are questions regarding two parcels - the Crystai' Spring Water
Filtration Plant and the Regional Water Pollution Control Plant. Authority staffwould like the
opportunity to discuss these locations with City staff and/or their consultant as both parcels have
particular attributes that may have been overlooked in the billing unit development. These concems
are outside the credit and exemption process detailed in the proposed ordinance.
Please do not hesitate to contact either of us if you have any questions or need additional information.
We look forward to working with City staff on resolution of the items listed in this correspondence.
Sincerely,
t1~X1'1(~
Michael T. McEvoy /
Executive Director, Wastewater Services
Gary Robrtson
Executiv Director, Water Operations
cc: Jonathan Craft. Deputy City Clerk
Darlene Burcham, City Manger
Phil Schirmer, City Engineer
p;c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE adding Chapter 11.5, Storm water Utility, to the Code of the City'of
Roanoke (1979), as amended; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as
amended, is hereby added to read and provide as follows:
CHAPTER 11.5 STORMWATER UTILITY
iSec. 11.5-1. Authority and effective date.
The City is authorized by the provisions of S 15.2-2114, Code of Virginia (1950),
as amended, to establish a utility to supportstormwater management activities
consistent with the Virginia Stormwater Management Act, S 10.1-603.1 et seq.,
Code of Virginia (1950), as amended, and other state and federal stormwater
regulations.
J'''j
'i~
This Chapter shall be effective March 1,2010.1
Sec. 11.5-2. Purpose and organization.
"il';.
City Council finds that an adequate, sustainable source of revenue for stonnwater ":{;
management activities is necessary to protect the general health, safety, and
welfare of the residents of the City. ~urther, Council finds that parcels, as that
term is defined in Appendix A to the City's Zoning Ordinance, S 36.2-100 et seq.,
Code of the City of Roanoke (1979) (City Code), with impervious surfaces
contribute large amounts of stormwater and pollutants to the City's stormwater
management system and that the owners of such parcels should carry a
proportionate burden of the cost of such system.1 Therefore, Council determines
that a stormwater utility (utility) based on a parcel's impervious surface cover is
in the best interest of the public.
The utility shall be operated under the direction of the City Manager, who shall
organize, direct, and manage the utility, including the development of necessary
policies and procedures, as aut~orized by this Chapter.!
O-Adding new Chapter 11.5 - Storlllwater Utility.doc
1
Sec. 11.5-3. Stormwater utility fee.
(a)
(b)
(c)
There is hereby established a stom1water utility fee (fee) imposed on all
improved parcels in the City as of [March 1, 2010 and !January 1 of each
year thereafter regardless of whether the parcel is subject to taxation under
S 32-16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes.
Any subsequent improvements to a parcel may be subject to a partial fee.
All revenue from the fee shall be deposited into a stormwater utility
enterprise fund for the sole purpose of funding the activities described in S
11.5-5.
The monthly utility fee rate shall be $3.00 for each Equivalent Residential
Unit (ERU) as defined in S 11.5-10. Each improved parcel in the City
shall be charged in accordance with S 11.5-6.
Except as otherwise provided in this Chapter, the impervious surface of a
parcel shall be determined by the City using one or more of the following,
in the discretion of the City Manager: aerial photography; as-built
drawings; final approved site plans; building permits; field surveys; or
other appropriate engineering and mapping analysis tools.
Sec. 11.5-4. Exemptions.
Notwithstanding S 11.5-3 above, the following parcels shall be exempt from the
stormwater utility fee:
(a) Unimproved parcels as defined in this Chapter;
(b) Parcels, or portions thereof, owned by federal, state, or Ilocal govemment
agencies! when the agency owns and provides for maintenance of storm
drainage and stonnwater control facilities, stormwater from the parcel
does not drain to any component of the City's storm water management
system, and the agency is compliant with all required state and federal
stormwater permits and regulations;
(c) Roads and public street rights-of-way that are owned and maintained by
the Commonwealth of Virginia or the City of Roanoke; and
(d) Parcels controlled or used by a unit of the City, if such parcels are owned
by the City.
Sec. 11.5-5. Stormwater utility enterprise fund.
There shall be established a stormwater utility enterprise fund (fund) from the
deposit of all fees, charges, and other revenue collected by the utility, as well as
any other revenue as may be determined by Councilor the City Manager,
O-Adding new Chapter 11.5 - Stormwater Utility.doc
2
including but not limited to grants and special appropriations. The fund shall be
used exclusively for storm water management activities, including the following:
(a) The acquisition by gift, purchase, or ~condemnation, as authorized by lawl,
of real and personal property, and interest therein, necessary to construct,
operate, and maintain stormwater control facilities;
(b) The cost of administration of such programs;
(c) Planning, engineering and design, debt retirement, construction costs for
new facilities, and enlargement or improvement of existing facilities that
serve to control stormwater;
(d) Maintenance of stormwater collection, management, distribution, and
treatment systems;
(e) Monitoring of stomlwater control devices;
(f) Pollution control and abatement consistent with state and federal
regulations, including but not limited to compliance with the City's
General Virginia Stormwater Management Pemlit for Discharges of
Stormwater from Small Municipal Separate Storm Sewer Systems under
4V AC50-60, Virginia Administrative Code, as amended; and
(g) Plarming, design, land acquisition, construction, operation, and
maintenance activities.
Sec. 11.5-6. Stormwater utility fee calculation.
(a) Except as otherwise provided, the minimum stormwater utility fee shall be
the rate established for one ERU and shall be calculated for each parcel in
the following manner:
(1) All improved single-family residential parcels as defined in this
Chapter shall pay a fee equal to the rate established for one ERU
(2) The fee for all other improved parcels shall be determined as
follows:
(i) Divide the parcel's impervious surface by the ERU
(ii) Round the resulting ratio to the next highest whole number.
This whole number is the number ofERUs for the parcel.
O-Adding new Chapter 11.5 - Stormwater Utility.doc 3
(iii) Multiply the number of ERUs by the rate per ERU
established by Council to obtain the total amount to be
charged to the parcel owner.
(b) Where a parcel with impervious surface is held in common ownership, the
fee shall be calculated in accordance with subsection (a)(2) above based
on the sum of the impervious surface in common ownership and the
impervious surface of all parcels or real estate, as used in 9 32-16 et seq.,
Code of the City of Roanoke (1979), Real Estate Taxes, having Ian
ownership interest in the common impervious surface. The total fee shall
then be divided equally among those owning an interest in the parcel held
in common. In such cases, the fee may be less than one ERU and/or the
ERU may not be a whole number. I In addition, the City Manager, in his or
her sole discretion, may develop alternative methodologies for billing a
parcel held in common ownership on a case-by-case basis.
Sec. 11.5-7. Stormwater utility fee credits.1
9 15.2-2114.B, Code of Virginia (1950), as amended, recognizes that a continued
investment in an on-site stormwater management facility results in a reduced
impact on the public stormwater management system.
(a) Credit Eligibility. Only on-site stonnwater management facilities meeting
the following criteria are eligible for a credit against the stormwater utility
fee:
(1) The parcel owner must maintain structurally and operate the
stormwater management facility.
(2) The parcel owner must have a properly executed maintenance
agreement with the City that has been properly recorded in the land
records of the Office of the Clerk of the Circuit Court of the City
of Roanoke.
(3) The parcel owner must demonstrate to the City's satisfaction that
the facility is functioning as originally designed. The structure
must be maintained to the satisfaction of the City Manager in
accordance with the requirements set out in the most recent
Virginia Stormwater Management Regulations and Virginia
Stornlwater Management Handbook.
(4) The facility must, at a minimum, meet the criteria contained in at
least one of the following sections of the City Code:
(i) 9 11.4-16, Water Quality; or
O-Adding new Chapter 11.5 - StOl"lllwater Utility.doc 4
(ii) Both S 11.4-17, Stream Channel Erosion, and S 11.4-18,
Flooding
(5) Facilities that do not meet the minimum criteria in subsection (4)
above may stiII be considered on a case-by-case basis in the
discretion of the City Manager if it is demonstrated that the facility
achieves a pemlanent reduction in post-development stormwater
flow and poIIutant loading. The credit may be prorated based on
an analysis of the benefits of the reduction.
(b) Credit Amounts.
(1) The maximum credit allowed is fifty percent d50%~ of the total
a1IDual stormwater utility fee, except as provided in subsection (6)
below.
(2) For an on-site stonnwater management facility, the credit amount
is prorated based on the amount of impervious surface located on
the parcel draining to the facility, and not the total amount of
impervious surface cover on the parcel.
(3) Credits for on-site stormwater management facilities are as follows
if the facility was required under the provisions of Chapter S 11.4,
Stormwater Management, of the City Code:
(i) A ten percent (10%) credit is aIIowed if the facility, or
facilities, provide water quality benefits in accordance with
S 11.4-16 of the City Code.
(ii) A ten percent (10%) credit is allowed if the facility, or
facilities, provide both stream channel erosion control
benefits in accordance with S 11.4-17 of the City Code and
flood control benefits in accordance with S 11.4-18 of the
City Code. I
(4) At the City Manager's discretion, a credit of up to five percent
(5%) in addition to that provided in subsection (3) above may be
granted for a facility that achieves benefits above those required by
the City Code.
(5) Credits for on-site stonnwater management facilities that meet any
of the provisions of S 11.4-16 through S 11.4-18 of the City Code,
and are part of a voluntary retrofit, shall be double the credits
established in subsections (3) and (4) above.
O-Adding new Chapter 11,5 - Stormwater Utility.doc
5
(6) The owner of an eligible facility that treats off-site impervious
surface located within the City may take a credit for treating the
off-site impervious surface. The off-site credit amount shall be
calculated in the same manner as if the facility was located on the
off-site parcel. However, in no case shall the total credit exceed
the total amount of the annual stonnwater utility fee charged to the
parcel owner.
( c) Application and Maintenance Verification.
(1) There is no fee for a credit application.
(2) To apply for the initial credit for an on-site stormwater
management facility, the parcel owner must submit, at his or her
own expense, a Credit Application Form to be provided by the City
Manager. The Credit Application Form shall require the following
infonnation:
(i) A description of the type of facility (or facilities), the
stormwater control standard met by the facility, and the
year the facility was built;
(ii) A drainage area map, drawn to scale, for the facility
showing the drainage boundaries and the impervious area
treated by the facility in square feet;
(iii) As-built or other acceptable engineering plans for the
facility;
(iv) A narrative of the known maintenance history of the
facility, including routine maintenance and significant
structural maintenance and repair;
(v) A copy of the City's standard maintenance agreement that
has been executed by the City and properly recorded in the
land records of the Office of the Clerk of the Circuit Court
of the City of Roanoke. If there is no existing facility
maintenance agreement, then one must be completed and
properly recorded;
(vi) Information on any public funds used to construct, repair,
upgrade, or retrofit the facility, including the amount and
the date(s);
(vii) Calculations to determine the monetary amount of the
claimed credit; and
O-Adding new Chapter 11.5 - Stormwater Utility.doc 6
(viii) A completed inspection checklist certifying that the facility
is functioning as originally designed. "Functioning as
originally designed" means that the facility is operating in
accordance with the original design specifications,
regardless of the standard in effect at the time of the
installation. The checklist must be signed and sealed by a
Professional Engineer. The inspection checklist shall be no
more than one year old at the time of application.
(3) Once approved, the parcel owner will remain eligible for the credit
as long as the facility continues to function as originally designed.
The City may revoke the credit if an inspection by the City or a
designated representative detemlines that the facility is no longer
being properly maintained or functioning as designed. Such
revocation will be effective thirty (30) days after the City has
notified the parcel owner in writing of the deficiency(s) and if the
problems are not resolved. The revocation may be delayed for an
additional period, at the discretion of the City Manager, provided
that the parcel owner is diligently pursuing work to eliminate
deficiencies.
(4) Any maintenance or functional deficiencies must be remedied at
the owner's expense before a facility may qualify, or re-qualify
(after revocation), for a credit.
(d) Public Improvements to Private Facilities. A privately owned and
operated facility that was constructed or upgraded using City funds shall
be treated in the following manner:
(1) Newly Constructed Facility. The parcel owner shall not be eligible
for a credit until such time that the cumulative amount of credit
that otherwise would have been allowed if the facility was
constructed using private funds equals or exceeds the City's
investment.
(2) Existing, Non-Functioning Facility Upgraded to Function Properly.
The parcel owner shall not be eligible for a credit until such time
that the cumulative amount of credit that otherwise would have
been allowed if the upgrade or retrofit was constructed using
private funds equals or exceeds the City's investment.
(3) Existing, Functioning Facility Upgraded and Eligible for Higher
Credit. The parcel owner shall be eligible for the original credit.
At such time that the cumulative difference between the original
credit and the higher credit equals or exceeds the City's
O-Adding new Chapter 11.5 - Stormwater Utility.doc
7
investment, the parcel owner shall also be eligible for the higher
credit.
(e) Credit for Industrial Stonnwater Pemlits. Subject to the maximum credit
in subsection (b)(1) above, a ten percent (10%) credit is allowed for any
parcel, or portion of a parcel, that is subject to, and in compliance with, an
individual or general Virginia Pollutant Discharge Elimination System
industrial stormwater pemlit issued in accordance with 9V AC25-31-120,
Virginia Administrative Code, as amended.
(f) Affirmative Duty and Timing. It is the sole responsibility of the parcel
owner to apply for a credit. A credit that is approved by March 1,2010, or
January 1 of a given year thereafter will be applied in full to the upcoming
billing cycle. Credits approved after that date will be prorated and applied
to the next available billing cycle. A prorated credit will be in whole-
month increments, with partial months not counting toward the credit.
Sec. 11.5-8. Billing, penalties, and interest.
(a) The stormwater utility fee shall be billed and payable in the same manner
prescribed in S 32-18, Code of the City of Roanoke (1979), Real Estate
Taxes, and shall be subject to the same penalties as prescribed in S 32-19
unless a petition for adjustment has been submitted and is under active
consideration by the City Manager in accordance with S 11.5-8 below.
(b) A delinquent stonnwater utility fee, along with cumulative interest and
penalties, shall constitute alien on the parcel ranking in parity with liens
for unpaid taxes and shall be collected in the same manner as provided for
the collection of unpaid real estate taxes.
Sec. 11.5-9. Petitions for adjustments.
(a) Any parcel owner may request an adjustment of the stormwater utility fee
by submitting a request in writing to the City Manager within thirty (30)
days after the date the bill is mailed or issued to the parcel owner.
Grounds for adjustment are limited to the following:
(1) An error was made regarding the square footage of impervious
surface;
(2) The parcel is exempt under the provisions of S 11.5-4;
(3) There is a mathematical error in the fee calculation; or
(4) The identification of the parcel owner invoiced is in error.
O-Adding new Chapter 11.5 - Stonnwater Utility.doc
8
(b) The parcel owner shall complete a Stonnwater Utility Fee Adjustment
application form supplied by the City Manager.
(c) If the request for adjustment is regarding an error in the measured
impervious surface, a plan view of the parcel's impervious surface must be
submitted with the application, and shall be prepared at the owner's
expense. The plan must meet the following criteria:
(1) The plan must show all impervious surfaces and label their
dimensions within the parcel boundaries; and
(2) The plan must be signed and sealed by a Professional Engineer or
Professional Land Surveyor licensed in the Commonwealth of
Virginia attesting to the accuracy of the impervious surface
measurements.
(d) The requirement for a plan view of the parcel's impervious surfaces
required in subsection ( c) above may be waived, if in the sole discretion of
the City Manager the error is obvious and is the result of a technical error
or oversight by the City. In such case, the City shall be responsible for
recalculating the impervious surface of the parcel.
( e) The City Manager shall make a determination within thirty (30) days of
receipt of a complete submittal for the request for adjustment. In the event
that the City Manager finds that the appeal is deficient or incomplete, the
City Manager shall offer the owner thirty (30) days to supply the missing
information from the time of the determination. If the information is not
provided to the City Manager within the additional thirty (30) day period,
the request will be deemed withdrawn.
(f) The City Manager's decision on a fee adjustment petItIOn is a final
decision from which an aggrieved party may appeal to the Circuit Court of
the City of Roanoke withi~ thirty (30) ldays after the date of such decision,
after which time no further appeal shall be allowed.
Sec. 11.5-10. Definitions.
Except as provided below, or the context clearly indicates otherwise, definitions
used in this Chapter shall be the same as those in 9 11.4-30.
(a) Equivalent Residential Unit, or ERU, means the statistical median
impervious surface measurement associated with an improved single-
family residential parcel in the City. The designated ERU for the City is
1,920 square feet.
O-Adding new Chapter 11.5 - Stormwater Utility.doc
9
(b) Impervious surface means any area improved, graded, and/or surfaced
with impervious material or resulting in impervious conditions. An
impervious material or condition is present when the natural infiltration of
water into the soil is significantly impeded or prevented. An impervious
surface includes that portion of the land surface covered by an elevated
structure, such as a bridge or deck, regardless of whether the land surface
itself remains pervious or impervious.
(c) Improved single-family residential parcel means any parcel regardless of
zone or land use that has a single residential house and where the primary
use of the parcel is residential. This term includes townhouses located'on
separate parcels and single family residential dwellings that are modified
to include an accessory apartment or structure. For the purpose of
determining the stormwater utility fee in S 11.5-6, a duplex shall be
considered an improved single family residential parcel and the fee shall
be divided equally between the owners.
(d) Improved parcel means any parcel regardless of zone or land use that has
one-hundred (100) or more square feet of impervious surface.j
(e) Unimproved parcel means any parcel regardless of zone or land use that
has less than one-hundred (100) square feet of impervious surface.
2. This ordinance shall be in full force and effect on and after March 1, 2010.
3. 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
O-Adding new Chapter 11.5 - Stormwater Utility.doc
10
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
NOTICE OF PUBUC-,
~ HEARING ON THE i
\ P~OPOSED CR~.TI0N
I OF A STORMWATER
UTILITY
I The Council of the City of
I Roanoke will hold a pUblic
hearing on Tuesday, January
I ,19, 2010, at 7:00 p.m., or
as soon thereafter as the
I matter may be heard, in the
Council Chambers, Room
1450, in the Noel C. Taylor
I Municipal Building, 215
Church Avenue, S.W.,
I Roanoke, Virginia, to
consider an ordinance
I creating a stormwater utility
pursuant to the provisions
I' of Section 15.2-2114,Code
:of Virginia (1950), as
I amended. The proposed
stormwater.utility provides
I for the following:
. 1,A source of revenue to
lbe used exclusively for
storm water manageme'nt
projects and activities. '
I 2.A monthly stormwaier
utility fee in the amount of
1$3.00 per Equivalent
Residential Unit (ERU),
IWhiCh is defined as 1,920
square feet of impervious
surface, to be imposed on
I all improved parcels in the
City as of March 1, 2010,
land January 1 of each year
thereafter. All improved
fSingle-familY residential
parcels would pay a fee
equal to the rate I
established for one ERU. !
All other parcels, excepi
those exempted under the
authority of Section
15:2-2114.B, Code of.
Virginia (1950), as
amended, would pay the
rate per ERU multiplied by
the number of ERUs on the
parcel rounded to next
highest whole number.
3.A system of credits
against the fee for those
\ \", I"""", who maintain structurally
..' ,~\\, C"'\'( A'I A I,' and operate stormwater
" ~,v "-"'11_~', management facilities in
" ....... r~ ,
,'J'l.) ..' ", '..d" accordance with specified
PUBLI SHED' ON'. 01/02 01/10 ... ~~ . NOTARY . ~" criteria or are subject to,
... l:(j .' '. . V ' and in compliance with, an
:: : PUBLIC ',:. individual or general ::::
:= * ,,: REG. #7090930 ':. * =_ Virginia Pollutant Discharge -I
Elim,ination System -.::
_ ~ MY COMMISSION: = ~~~~i~.trial stormwater P
\ \....Jf)I~_J)....!f i-'~--"--'~;' ~
...... V~ ........... ~~ ,'. I tSo
;'" ~EALT\-I \)~ "", '. I C-,
""'"11"'\" J2
FILED 'ON: 01/10/10 I ;::
----~---------------------------~-----------------+---------------------x~_
'-0
::m:
as-
p.)
j:;,.
cr',
Billing Services Representative
CITY OF ROANOKE, ENGINEERING
215 CHURCH AVE RM 350
ROANOKE VA 24011
REFERENCE:
80022630
11879~68
NPH-Stormwater Utili
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 Roanbke, in the State of
Virginia, do certify that the annexed notice was
published in said newspap~rs on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~tnia. Sworn and subscribed before me this
__l!-L\.::Lday of JAN 10. .Witness my hand and
official seal.
TOTAL COST:
829.60
'..) ~ . j :' ': '::-; '1' 1~~ !~.~ ,.~~. ..
("..-
'':-Y:' ,., ('
. ~ ('~
-4:Ci'Tle-lii'i"aifd a process
Ifor requesiing and
determining, adjustments to
I the stormwater utility fee.
I 5.0ther policies and
I procedures for the'
administration and
I enforcement of the'
I stormwater utility fee.
I A copy of t h ef u II '
\ ordinance which would'
i enact a new Stormwater
! Utility, Chapter 11.5, of the
i .Code of the City of Roanoke
f (1979), is available for
'; review in the Office of the
'I City Clerk, Room 456, Noel
I C. Taylor Municipal Building,
215 Church Avenue, S.W.,!
, Roanoke, Virginia. A copy
~, of the above ordinance as'
't well as other information on ,
V. the proposed storm water
I: utility may be viewed at the
:l C i t Y 's web sit eat
,.~ www.roanokeva.gov (see
'I the link on the left side for
stormwater utility
l information).
11 All parties in interest and
I citizens may appear on the
" above date and be heard on
; this matter. If you are a
\ person with a disability who
'. needs accommodations for
\ this hearing, please contact
i 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
28th, day of December,
2009. . .
Stephanie M. Moon, CMC
City Clerk.
(11879368)
p~.
NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION OF A
STORMW ATER UTILITY
The Council of the City of Roanoke will hold a public hearing on Tuesday, January 19,
2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers,
Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, to consider an ordinance creating a stormwater utility pursuant to the provisions of
Section 15.2-2114, Code of Virginia (1950), as amended. The proposed stormwater utility
provides for the following:
1. A source of revenue to be used exclusively for stormwater management projects and
activities.
2. A monthly stormwater utility fee in the amount of $3.00 per Equivalent Residential Unit
(ERU), which is defined as 1,920 square feet of impervious surface, to be imposed on all
improved parcels in the City as of March 1, 2010, and January 1 of each year thereafter.
All improved single-family residential parcels would pay a fee equal to the rate
established for one ERU. All other parcels, except those exempted under the authority of
Section 15.2-2114.B, Code of Virginia (1950), as amended, would pay the rate per ERU
multiplied by the number ofERUs on the parcel rounded to next highest whole number.
3. A system of credits against the fee for those who maintain structurally and operate
stormwater management facilities in accordance with specified criteria or are subject to,
and in compliance with, an individual or general Virginia Pollutant Discharge
Elimination System industrial stormwater permit.
4. Criteria and a process for requesting and detemlining adjustments to the stormwater
utility fee.
5. Other policies and procedures for the administration and enforcement of the stormwater
utility fee.
A copy of the full ordinance which would enact a new Stormwater Utility, Chapter 11.5,
of the Code of the City of Roanoke (1979), 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.
A copy of the above ordinance as well as other infonnation on the proposed stormwater utility
may be viewed at the City's website at www.roanokcva.gov (see the link on the left side for
stormwater utility information).
All parties in interest and citizens may appear on the above date and be heard on this
matter. If you are a person with a disability who needs accommodation~ 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.
1
GIVEN under my hand this 28tldayof December
,2009 .
Stephanie M. Moon, CMC
City Clerk.
Note to Publisher:
Please publish twice in The Roanoke Times, Legal Notices, once on Saturday, January 2,2010,
and once on Sunday, January 10,2010.
Please send bill to:
Please send affidavit of publication to:
City Engineering Division
350 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-2731
Stephanie M; Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-2541
2
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: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 22, 2010
CECELlA T. WEBB
Assistant Deputy City Clerk
Nathan Tuning, Chairman
Board of Trustees
Pilgrim Baptist Church
1415 8th Street, N. W.
Roanoke, Virginia 24016
Dear Mr. Tuning:
I am enclosing copy of Ordinance No. 38708-011910 permanently
vacating, discontinuing and closing an alley off of 8th Street, N. W.,
adjacent to parcels bearing Official Tax Nos. 2032001, 2030801 and
2030803. The ordinance further ordains 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; and upon a certified copy
of this ordinance being recorded by the Clerk of the Circuit Court, the
applicant shall file with the City Engineer the Clerk's receipt
demonstrating that such recordation has occurred. If the above
conditions have not been met within 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.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Sincerely,
~rn. h1,,....
Stephanie M. MOo~, c'i(c
City Clerk
K:\Agenda Correspondence\January 19, 2010\January 19,2010 Correspondence. doc
Nathan'Tuning
January 22, 2010
Page 2
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
K: \Agenda Correspondence\J anuary 19, 20 10\January 19, 2010 Correspondence. doc
(\\Y;~~
\1/~
-'-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
N~. 38708-011910.
AN ORDINANCE permanently vacating, discontinuing and closing a certain public
right-of-way in the City of Roanoke, as niore particularly described hereinafter; and dispensing
with the second reading by title of this ordinance.
WHEREAS, Pilgrim Baptist Church 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 certain public right-of-way described hereinafter;
WHEREAS, the City Planning Conm1ission, after giving proper notice to all concerned
as required by S 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 January
19, 2010, after due and timely notice thereof as required by S 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 right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing' and closing
such public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that
the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described
as follows:
O-Pilgrim Baptist Church-vacate-no money.doc
1
An alley off of 8th Street, N.W., adjacent to parcels bearing Tax Nos. 2032001,2030801
and 2030803
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 right-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 public right-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 public right-of-way of any
such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combiJ?-ing all properties which would othelWise
dispose of the land within the right-of-way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and. egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
right-of-way.
O-Pilgrim Baptist Church-vacate-no money.doc
2
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 require,~ 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 S 12 ofthe City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
~f'rt. ~
City Clerk. ~
a-Pilgrim Baptist Church-vacate-no money.doc
3
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Pilgrim Baptist Church to permanently vacate,
discontinue and close an alley off of 8th Street, N.W., adjacent to
parcels bearing Tax Nos. 2032001, 2030801 and 2030803.
Planning Commission Recommendation:
Planning Commission public hearing was held on Thursday, December 17, 2009.
Bya vote of 7-0, the Planning Commission recommended approval of the
applicant's request. The applicant should not be charged for the subject alley
located off 8th Street, N.W., adjacent to parcels bearing Official Tax Nos.
2032001,2030801, and 2030803.
The closure should be subject to these conditions:
A. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Such plat shall combine all properties which would
otherwise dispose of the land within the right-of-way to be
vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress. Such plat shall
combine all properties of the applicant (Official Tax Nos.
2032001, 2030201 and 2030401) and the vacated right-of-way,
in accordance with law. .
Members of City Council
Page 2
January 19, 2010
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 such
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
f). kvJ~
D. Kent Chrisman, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 3
January 19, 2010
Application Information
Request: Permanent vacation of an alley
Adjoining Owner/applicant Pilgrim Baptist Church
City Staff Person: Frederick Gusler, AICP
Site Address/Location: Off of 8m Street, N.W.
Official Tax Nos. of 2032001,2030801,2030803
adjoining properties:
Site Area: Approximately 6,490 square feet
Existing Zoning: INPUD
Proposed Zoning: n/a
Existing Land Use: Unimproved riQht-of-way
Proposed Land Use: Green space for church ---
Neighborhood Plan: Harrison & Washington Park
Specified Future Land Use: I nstitutionallRelig ious
Filing Date: November 4, 2009
Background
During the Planning Commission public hearing, the applicant stated that after
hiring a surveyor to record a plat to combine its three parcels into one, the church
realized that the subject paper alley existed. After consulting with the adjoining
owner, the City of Roanoke, and getting assurance that there was no interest in
or proposed future use of this property, the applicant decided to apply for its
vacation and acquire all of it.
Mr. Van Hyning asked the applicant if they had cleared the alley recently and the
applicant said they had. Mr. Van Hyning asked why, to which the applicant said
that the church has intentions of building a family life center and may use the
alley for ingress and egress.
After staff gave its report and recommended vacation of the alley at no charge to
the applicant, Mr. Williams asked staff why they recommended not charging for it.
Staff replied that although the alley may give the applicant some flexibility in
design, it didn't add any development potential.
Mr. Chrisman asked staff why the school was not interested in the property. Staff
replied that the School Administration staff did not provide a specific reason, but
staff guessed it was due to the fact that the alley is about 10 feet above grade of
the adjoining Addison Middle School property and the school would likely never
be able to use it.
Mr. Williams said the grade north of the school was also steep. Staff agreed and
said that it was unlikely that a greenway trail would ever be built across it.
Members of City Council
Page 4
January 19, 2010
Mr. Van Hyning asked staff about the potential use of the alley for ingress and
egress. Staff said that at this time there have been no specific discussions or
planning done by staff or the applicant to adequately answer, however the alley
appears to be limited due to setback requirements and the slope of the land.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
The applicant owns Official Tax No. 2032001. The alley requested for vacation
also adjoins Official Tax Nos. 2030801 and 2030803. The owner of those
parcels, the City of Roanoke, has expressed no interest in maintaining or
acquiring any of the alley.
Vacation of the alley will not alter access to any other properties and will not
change the current use of the property.
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North INPUD Religious
South INPUD School
East R-5, Residential Single-family Vacant
West R-5, Residential Single-family Residential Single-family
Compliance with the Zoninq Ordinance:
Vacation of the portion of right-of-way will allow the applicant to combine Official
Tax Nos. 2032001, 2030201 and 2030401. Such combination will allow Official
Tax No. 2030401 to have street frontage on 8th Street, N.W. However, since
Official Tax No. 2030401 is zoned R-5, it would need to be rezoned to INPUD
(along with Official Tax No. 2030201) to be used for any expansion of the
Church.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation is consistent with applicable plans. There will be no
impact on future street connectivity.
Members of City Council
Page 5
January 19, 2010
Public Utilities:
Staff received comments from Verizon, Appalachian Power Company, and
Roanoke Gas, all of which stated no objection to the request.
City Department Comments:
The Acting Deputy Fire Marshal advised that if in the future this alley (as private
property) would be used for secondary ingress/egress, it may have to be as wide
as twenty feet.
Public Comments:
None.
Planninq Commission Work Session:
None.
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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
Date: November 4, 2009
-
A 1!$f!limiffiJl$: mY$t fJ~typ~C!:iJ Ijd iijcliiC!~' ~# f.~qiJ}f~C!C!QciJm~rlt~ti.pn: ~i1t:1. ~'CJj~CI< f(irtl1~: fili.ng f~~,:..
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: Alley is located off of 8th Street, adjacent to
Pilgrim Baptist Church -1415 8th Street, N.W. (Tax Map Number 2032001)
Proposed use of vacated street or alley: Alley currently is unimproved and closed via guardrail and
not used for any type of ingress/egress to adjacent property. Church recently cleared the alley of
overgrown vegetation. Alley property will be maintained as green space or as a driveway to provide a
second way to ingress/egress to the parking lot in the back of the church facility.
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Exhibit II
Adjoining Property Owners Listing
. Tax Number 2032001 - Trustees of Pilgrim Baptist Church
· Tax Number 2030801 - City of Roanoke
· Tax Number 2030803 - City of Roanoke
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
PILGRIM BAPTIST CHUR
ATTN: SHERMAN STOVAL
1415 8TH ST NW
ROANOKE VA 24016
City/County of Roanoke, Commonwealth/State of
Vi~~a. Sworn and subscribed before me this
__~~Jday of JAN 2010. Witness my hand and
ficial seal.
Notary Public
NonCE OF PUBLIC :
HEARING :
, The Council of the City ?I.
Roanoke will hold a public,
httaring on Tuesday, January.
19, 2010, 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.,
Ffoanoke, Virginia, to
consider the following:
Request from Pilgrim
B"a p tis t C h u r c h t 0
permanently vacate,
dfscontinue and close an
alley olf of Bth Street, N.W.,
adjacent to parcels bearing
,Tax Nos. 2032001,
\ 2030801 and 2030803. \
A copy of the application,
Is available for review In the'
, Office 01 the City Clerk,
I Room 456, Noel C. Taylor
I 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
a~~~~'N ~nder my hand this
29th day of December, :
2009. \
\ Stephanie M. Moon, CMC ,
. City Clerk., I
. ,
(11881748) I
REFERENCE: 80024374
11881748
NPH-Pilgrim Baptist
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 inR6a~oke, in the State of
Virginia, dq certify that the annexed notice was
published in said newspapers on the following
dates:
TOTAL COST:
FILED ON:
324.48
01/15/10
,,'''''11.,
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PUBLISHED ON: 01/08 01/15
AuthorizedY-::- ~-fJ1.'~ t .::. - -
Signature'~~~_~~ Billing Services Representative
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NOTICE OF PUBLIC HEARING
"r,., H q~:,. ~~::' ~:; ,:., ~
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_: -,..~~:" -: ....#
. "'-fYreeouncil ofthe City of Roanoke will hold a public hearing on Tuesday, January 19, 2010,
........ .., ~ .'r'~''': ~~-.:_~. ;.~:. ::..;: "'~'I-...!'~~P'~ O'~- . "~""""-.
at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber;J6urth'flobr;
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Pilgrim Baptist Church to pennanently vacate, discontinue and
close an alley off of 8th Street, N. W., adjacent to parcels bearing Tax Nos.
2032001,2030801 and 2030803.
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.
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 29tway of December
,20M-'
Stephanie M. Moon, CMC
City Clerk.
Pilgrim Baptist Church-vacate.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, January 8, and Friday, January 15,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Pilgrim Baptist Church.doc
Send Bill to:
Nathan Tuning, Chairman
Trustees of Pilgrim Baptist Church
1415 8th Street, N. W.
Roanoke, Virginia 24016
(540) 342-5058
CITY OF ROANOKE
.OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, \Tirginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 11,2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Nathan Tuning, Chairman
Trustees of Pilgrim Baptist Church
1415 8th Street, N. W.
Roanoke, Virginia 24016
Dear Mr. Tuning:
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 Tuesday,
January 19,2010, 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 Pilgrim Baptist Church to permanently vacate, discontinue and close an
alley off of 8th Street, N. W., adjacent to parcels bearing Tax Nos. 2032001, 2030801 and
2030803.
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,
In tn&00
Stephanie M. Moon, CMC I
City Clerk
SMM:ctw
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: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 4, 2009
Martha P. Franklin, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I
am attaching copy of an Application for Street or Alley Vacation received in the City
Clerk's Office on November 4, 2009, from Pilgrim Baptist Church requesting that an
alley located off of 8th Street, N. W., adjacent to 1415 8th Street, Official Tax No.
2032001, be permanently vacated, discontinued and closed.
Sincerely,
~h)'~b0
Stephanie M. Moon, CMC
City Clerk
S M M :ew
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
Nathan Tuning, Chairman, Board of Trustees, Pilgrim Baptist Church,
1415 8th Street, N. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
. ...............................~.....I..HI...w"....I....~..N.......... ......... ...... .......... .. ....... .....
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. STREET OR ALL ......v ".. .. ......
'. . ............................. ................. .............................. ..................................................................../A..................
cfiYJ
Date: November 4, 2009
.. .... ... .........................................
.......M......gl~ijJ.J..m.I!~~I!i.ijij.....I..........
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
.........................
. . . . . . . . . . . . . . . . . . . . . . . . . .
ii.iiiilllll.l.IIIIII..I~lii.;ij~ij......r
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................ ..
..........................................
...................................................................................
...................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
.... A II. sl.lbmittiJJs. m'l.lstiJetyped.iI n.d ifl.cII.lCl~. all f.~quif.~diJ()cumi!i1tlltiQn.. IlnCl Ili:flecl< fQrthi!. fi/ilig f~~,
Proposed use of vacated street or alley: Alley currently is unimproved and closed via guardrail and
not used for any type of ingress/egress to adjacent property. Church recently cleared the alley of
overgrown vegetation. Alley property will be maintained as green space or as a driveway to provide a
second way to ingress/egress to the parking lot in the back of the church facility.
5
i, " '. . .... :.~- :'l';:~~' ~.t' ~_,~'~i
Exhibit I
2050706
-
2030401
.;
Exhibit II
Adjoining Property Owners Listing
. Tax Number 2032001 - Trustees of Pilgrim Baptist Church
. Tax Number 2030801 - City of Roanoke
. Tax Number 2030803 - City of Roanoke
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: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
January 22, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Scott Geddes, Esquire
3140 Chaparral Drive, Suite 200-C
Roanoke, Virginia 24018
Dear Mr. Geddes:
I am enclosing copy of Ordinance No. 38709-011910 repealing certain
conditions placed upon property located at 3804 Brandon Avenue,
S. W., identified as Official Tax Map No. 5180304, and accepting and
placing certain proffers as set forth in the Zoning Amended
Application No.2 dated November 18, 2009, on the subject property
so that such property will be zoned RMF, Residential Multi-family
District, with conditions proffered by the applicant.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force and effect upon its passage.
Si n cerely,
1tt:t~ h\. ~~
Stephanie M. Moon, CMC
City Clerk
Enclosure
K: \Agenda Correspondence\January 19, 201 O\January 19, 2010 Correspondence. doc
Scott Geddess
January 22, 2010
Page 2
pc: Michael and Kelly Dooley, 3507 Valentine Road, S. W., Roanoke,
Virginia 24018
John W. McNeil and Shirley Bustle, 3515 Windsor Oaks Circle,
S. W., Roanoke, Virginia 24018
James and Tracey Zadell, 3347 Valentine Road, S. W., Roanoke,
Virginia 24108
Kevin and Susan Russell, 3435 Valentine Road, S. W., Roanoke,
Virginia 24018
Peter and Lee Wonson, 3519 Windsor Oaks Circle, S. W.,
Roanoke, Virginia 24018
Gaynelle A. Marrazzo, 3333 Valentine Road, S. W., Roanoke,
Virginia 24018
Georgette S. Milan, 3411 Valentine Road, S. W., Roanoke, Virginia
24018
Joseph and bonnie Sartinia, 3516 Windsor Oaks Circle, S. W.,
Roanoke, Virginia 24018
Bonnie L. Mann, 3339 Valentine Road, S. W., Roanoke, Virginia
24018
Blake and Pamela Deavers, 3427 Valentine Road, S. W., Roanoke,
Virginia 24018
John Merkwan, President, Greater Deyerle Neighborhood
Association, 3539 Windsor Oaks Circle, S. W., Roanoke, Virginia
24018
Presiding Bishop of the Church of Jesus Christ, 50 E. North
Temple - 22nd Floor, Salt Lake, Utah 84150
Betty C. Etzler, 3501 Loblolly Lane, S. W., Roanoke, Virginia
24018
Poplar Hill Limited Partneship, 3752 Brandon Avenue, S. W.,
Roanoke, Virginia 24018
CSW Associates, 3807 Brandon Avenue, S~ W., Roanoke,
Virginia 24018
Mark and Sharon Kennedy, 3419 Valentine Road, S. W., Roanoke,
Virginia 24108
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
K:\Agenda Correspondence\January 19,20 1O\January 19,2010 Correspondence. doc
"-
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010.
No. 38709~011910.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
.~i
f
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, by repealing Ordinance No. 30398-21991, adopted on February 19, 1991, to the extent
that it placed certain conditions on Official Tax No. 5180304, located at 3804 Brandon Avenue,
S.W., placing new proffers on the subject property; and dispensing with the second reading of
this ordinance by title.
WHEREAS, Virginia Lutheran Homes, Inc. has filed an application to the Council of the
City of Roanoke to repeal Ordinance No. 30398-21991, adopted February 19, 1991, to the extent
such ordinance placed certain conditions upon property bearing Official Tax No. 5180304,
located at 3804 Brandon Avenue, S.W., and to place new conditions proffered by the applicant
on the property;
WHEREAS, the City Planning Commission, which 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 City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on January 19, 2010, 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 amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
0- Virginia Lutheran-repeal & amend proffers.doc
1
convenience, general welfare and good zoning practice, require the repeal of Ordinance No.
30398-21991, adopted February 19, 1991, to the extent such ordinance placed certain conditions
upon property bearing Official Tax No. 5180304, located at 3804 Brandon Avenue, S.W. and the
adoption of the proffers pertaining to the subj~ct property as set forth herein, and for those
reasons, is of the opinion that the subject property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 30398-21991, adopted by the City Council on February 19, 1991,
to the extent that it placed certain conditions on Official Tax No. 5180304, located at 3804
Brandon Avenue, S.W., is hereby REPEALED, and that the Official Zoning Map, City of
Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action.
2. That proffers set forth in the Zoning Amended Application. No.2, dated
November 18,2009, are accepted and placed on the property bearing Official Tax No. 5180304,
so that such property will be zoned RMF, Residential Multifamily District, with conditions
proffered by the applicant, and that 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 such action.
3. Pursuant to the provisions of 912 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~rn. rr;t1tnJ
City Clerk.
O-Virginia Lutheran-repeal & amend proffers.doc
2
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Virginia Lutheran Homes, Inc., to repeal
existing conditions proffered as set forth in Ordinance No.
30398-21991 and replace them with the conditions that the
development of the property shall be in substantial
conformity with the development plan entitled "Brandon
Oaks" prepared by Perkins Eastman Architects PC dated
July 28, 2009, subject to any changes required by the City
during comprehensive development plan review, and that
supplementary landscaping shall be installed and
maintained in accordance with Sections 36.2-642(e) and (f)
within the existing natural vegetative buffer as shown on the
"Landscaping Plan Prepared for Brandon Oaks," prepared
by Dan Chitwood, dated 11/18/09, for property at 3804
Brandon Avenue, S.W., Official Tax No. 5180304.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, December 17, 2009.
Public hearing discussion is set out at the end of this report. By a vote of 4-3
(Messrs. Chrisman, Futrell, and Scholz and Ms. Katz voting for and Mrs. Penn
and Messrs. VanHyning and Williams voting against), the Commission
recommended approval of the amendment of proffers. A majority of the
Commission found the application to amend proffers on Official Tax No.
5180304 to be consistent with Vision 2001-2020 and the Greater Oeyerle
Neighborhood Plan which specifies the property for residential multifamily
development.
The applicant has mitigated any external impacts of the proposed redevelopment
by limiting the height of the proposed structures, by enhancing existing
landscaping buffers, and by keeping the overall density of the development the
Members of City Council
Page 2
January 19, 2010
same. The proposed redevelopment shifts six existing units to the rear of the
site into a single, twelve-unit, building which has a height that is no greater than
what is permitted in the surrounding single-family district. Furthermore,
landscaping to supplement the natural buffer has been increased to 64
evergreen trees to the south and east of the proposed multifamily building which
must be maintained in perpetuity. All other elements of the development remain
essentially the same. The other townhouse buildings containing a total of twelve
units will be rebuilt in the same configuration with a slightly larger footprint, the
overall number of units will remain at 228, and all traffic will continue to enter and
exit the site at Brandon Avenue.
Respectfully submitted,
v.~~~
D. Kent Chrisman, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Attorney for the applicant
Members of City Council
Page 3
January 19, 2010
Application Information
Request:
Amendment of Proffered Conditions (Ordinance No.
30398-21991
Vir inia Lutheran Homes, Inc '
Scott R. Geddes, Es .
Maribeth B. Mills, Cit Planner II
3804 Brandon Avenue, SW
5180304
18.554 Acres Total
RMF, Residential Multifamil District with Conditions
RMF, Residential Multifamil District with Conditions
Multifamil , Townhouse, and Con re ate Home, Elderl
Multifamil , Townhouse, and Con re ate Home, Elderl
Greater Deyerle Neighborhood Plan
Residential Multifamily
Owner/A licant:
Representative:
Cit Staff Person:
Site Address:
Official Tax No.
Site Area:
Existin Zonin :
Proposed Zonin :
Existin Land Use:
Pro osed Land Use:
Neighborhood Plan:
Specified Future Land
Use:
Filing Date:
Original Application: August 3, 2009; Amended
Application NO.1: August 19, 2009; Amended Application
NO.2: November 18, 2009 ' ,
Background
Brandon Oaks was approved by City Council in October 1987. At that time, 22
cottage units were planned for the southern end of the property. In February
1991, City Council approved Ordinance No. 30398-21991 to permit the
reconfiguration of the 'cottage' (two-family and townhouse) units at the southern
end of the Brandon Oaks property in order to save large caliper trees (24" and
greater). The 1991 development plan showed six one-story townhouse
buildings containing 18 units which were constructed soon after the zoning
approval.
In recent years, however, the applicant indicates that these units lack market
appeal and suffer from chronic vacancies. The applicant determined the units
were too small (1,100 square feet) and that larger units were warranted.
At the Planning Commission's September 17, 2009, meeting, the applicant
requested an amendment of the development plan to enable redevelopment of
the southern end of the property by demolishing all townhouse buildings and
replacing them with three buildings with four units each (12 units) and a three-
story multifamily building containing 12 units. The Planning Commission
recommended denial of the request by a 0-4 vote, citing height and screening
issues. City Council tabled the matter for one month at its October meeting. On
November 16, 2009, City Council granted the applicant's request to remand the
Members of City Council
Page 4
January 19, 2010
application back to the Planning Commission for consideration of a modified
plan.
On November 18th, the applicant submitted an amended application addressing
issues of height and screening. The previously proposed three-story multifamily
building was reduced to two stories, resulting in a height reduction from 38 feet
to 28 feet. The proposed evergreen screening supplementing the existing
natural vegetation around the multifamily building was doubled from 32 trees to
64 trees.
The redevelopment is proposed in two phases:
1. Phase I is the demolition of the three townhouse buildings (2 units each)
in the southeast corner of the subject property. These units would be
replaced by the two-story multifamily building with 12 units ranging in size
from 1,400 square feet to 1,700 square feet. Each unit will have a
designated parking space in the basement of the building. A five-space
visitor parking lot is also proposed to the west of the building. The
proffered landscaping plan to provide additional vegetative screening to
the east and south of the building to mitigate visibility from off the site
would be installed as part of Phase I.
2. Phase II is the demolition of the remaining three buildings containing four
units each. These units would be replaced with the same number of units
in the same general configuration, but each unit will have a larger floor
area (1,700 square feet) and will have a separate garage and driveway.
The overall number of units on the property will remain at 228 even though an
additional six units will be placed on the southern portion of the property. Small
units within the existing multifamily building will be combined to reduce the
number of units by six.
Conditions Proffered by the Applicant
The applicant requests that the following proffers be repealed as they pertain to
Official Tax No. 5180304:
1. That the development of the property will be in substantial conformity with
the revised concept plan prepared by Sherertz, Franklin, Crawford &
Shaffner, dated January 4, 1991, with the January 15, 1991, notation, a
copy of which is attached to this Petition as Exhibit liB", subject to any
changes required by the City during comprehensive development plan
review.
2. That the project will include such screening and buffering at the southeast
corner of the development so as to prevent headlights from said area
Members of City Council
Page 5
January 19, 2010
being visible to the residences on adjoining properties located on
Valentine Road.
3. That all drainage from the developed area will be collected into
detainment basins and piped from the same to a public storm drainage
system in a manner approved by the Engineering Department of the City
of Roanoke.
The applicant requests that the following proffers be adopted as they pertain to
Official Tax No. 5180304:
1. The development of the property shall be in substantial conformity with
the development plan entitled 'Brandon Oaks,' prepared by Perkins
Eastman Architects PC dated July 28,2009, amended October 29,2009,
subject to any changes required by the City during comprehensive
development plan review.
2. Supplementary landscaping shall be installed and maintained in
accordance with Sections 36.2-642(e) and 36.2-642(f) of the City's Zoning
Ordinance within the existing natural vegetative buffer as shown on the
'Landscaping Plan Prepared for Brandon Oaks,' prepared by Dan
Chitwood, Certified Landscape Architect, dated November 18, 2009.
The replacement of all current conditions with the proffered development plan
and landscaping plan are warranted. Existing and proposed proffer #1 provides
a comprehensive development plan that will continue to govern the site in terms
of building location, size, height, use, access, parking, and buffering. Existing
buffer yards will be retained and enhanced.
Existing proffer #2 regarding sufficient screening/buffering to prevent headlight
trespass should be repealed. Replacing this proffer with a landscaping plan,'
where planting material is required to be maintained in perpetuity, provides clear,
measurable standards for implementation and continued enforcement.
Existing proffer #3 is now irrelevant due to the Stormwater Management
Ordinance that went into effect in January 2008. All stormwater issues will be
handled administratively through the Comprehensive Development Plan review
process.
Considerations
SurroundinQ ZoninQ and Land Use:
Zoning District Land Use
North MX, Mixed Use District Office, General/Professional.
Sout R-12, Single-Family Residential Single-Family Residences.
h District
Members of City Council
Page 6
January 19, 2010
East RA, Residential-A ricultural District
West R-12, Single-Family Residential
District and IN, Institutional District
Compliance with the Zoninq Ordinance:
The proposed development plan meets or exceeds minimum dimensional
standards of the RMF District with respect to usable open space, maximum
height, and parking. No buffer yards are required between the RMF District and
the R-12 District; however, a natural vegetative buffer ranging in width from 95' to
170' along the rear property line is being retained and will be supplemented with
64 new evergreen trees as shown on the proffered landscaping plan around the
proposed multifamily building.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both Vision 2001-2020 and the Greater Deyerle Neighborhood Plan identify the
need to maximize the use of the City's limited land resources while preserving
the natural environment. One tool to accomplish this goal are housing clusters
which are market-rate residential developments that provide a variety of housing
options on a large site located within or adjacent to an established neighborhood.
Since its inception, Brandon Oaks has provided a variety of housing options
including congregate living units, townhouse units, and multifamily units for the
elderly within to the Greater Deyerle neighborhood. The buildings are well
placed with an interconnected network of driveways, walking paths, and green
space. The reconfiguration of the southern portion of the site will maintain this
development pattern while addressing the needs of future residents.
Vision 2001-2020 contains three policies relevant to this application:
· NH P1. Sustainable population. Roanoke will have a balanced,
sustainable population. Roanoke will promote its urban assets,
diversity, convenience, and affordability to retain existing residents and
attract new ones.
· NH P5. Housing choice. The City will havE;l 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.
· NH P6. Housing clusters. Development of housing clusters will be
used to encourage and promote neighborhood revitalization, replace
derelict or neglected structure, and complement the surrounding
neighborhood.
The Greater Deyerle Neighborhood Plan contains numerous policies relevant to
this application:
· Community Design Policies
Members of City Council
Page 7
January 19, 2010
o Neighborhood Character: Established neighborhoods should
retain their overall character and development patterns, while
incorporating new development that is compatible with the
neighborhood, the design guidelines of Vision 2001-2020, and
efficiently uses limited land resources.
o Parking: Paved parking spaces and impervious surfaces should
be minimized.
. Residential Development Policies
o Neighborhood Character: Established neighborhoods should
retain their overall character and development patterns, while
incorporating new development that is compatible with the
neighborhood, yet which maximizes more of the land.
o New development: New development should be well-planned
and use limited land resources wisely.
o Infill development: Infill development should be aesthetically
and functionally compatible with its existing context of adjoining
development.
o Housing Clusters: Support the rezoning of vacant or
underutilized large sites for mixed density housing provided that
it is consistent with the design guidelines of Vision 2001-2020,
preserves some green space to buffer existing development,
and minimized environmental impacts.
City Department Comments:
The City's Development Review Coordinator, Danielle Bishop, questioned
whether or not there is an "adequate channel" available to handle the discharge
of stormwater. After discussing the project with the applicant's engineer and
conducting a site visit, Mrs. Bishop is satisfied that stormwater for the proposed
development can be adequately addressed.
Public Comments:
The applicant conducted three meetings at Brandon Oaks to garner input and
answer questions from adjoining property owners. The first meeting was on June
30, 2009 at 5:00 p.m. with six adjoining property owners in attendance (primarily
from Loblolly Lane and Windsor Oaks Circle). The second meeting was held on
July 30, 2009 at 5:00 p.m. with twelve adjoining property owners in attendance
(primarily from Valentine Road). The third meeting was held on December 10,
2009 at 4:45 p.m. with six adjoining property owners in attendance (primarily
from Valentine Road and Loblolly Lane). Questions and comments centered
around occupancy, density, height, visibility, and screening,
The following comments were presented at the Planning Commission's public
hearing on September 17, 2009.
Members of City Council
Page 8
January 19, 2010
1. John Merkwan (3539 Windsor Oaks Circle), President of the Greater
Deyerle Neighborhood Association, stated that the neighborhood
association was in opposition to the request. He stated that the one-story
height limit placed on the cottages during the 1991 rezoning should be
respected and that a three-story building was not the only answer to
Brandon Oak's vacancy issue.
2. Bonnie Mann (3339 Valentine Road) presented a model showing her
home in relation to the proposed three story Brandon Oaks structure. She
said that her primary concern was the three story building, which she felt
was commercial in size and inconsistent with the residential
neighborhood.
3. Bob Caudle (4231 Belford Street, S.W.) stated that Brandon Oaks should
honor their existing proffers.
4. Ron Milan (3411 Valentine Road, S.W.) stated that although the overall
density would not change on the site there would be considerably more
residents behind his residence. He was also concerned that the proposed
vegetation would not survive to create a sufficient buffer as previous
vegetation planted on the property had not been properly maintained.
The following comments were presented at the Planning Commission's public
hearing on December 17, 2009.
1. Ms. Bonnie Mann (3339 Valentine Road, S.W.) presented a three-
dimensional cardboard model of her home, the existing cottages, and the
proposed two-story building as well as a photoshopped picture depicting
the view from her home to the proposed two-story building and evergreen
plantings. She said she was in opposition to both. She also felt that the
existing cottages could be renovated to meet current market demands.
Ms. Katz noted that the scale of the models was not accurate and that a
neighbor could build a taller residence right next to her house than what
Brandon Oaks was proposing.
2. Mr. Ron Milan (3411 Valentine Road) objected to Brandon Oak's plans for
a two-story, multifamily building so close to his single-family residence.
3. Mr. Blake Deavers (no address given) stated that he purchased his home
under the impression that Brandon Oaks had completed construction. He
objected to the two-story multifamily building.
4. Mr. John Merkwan (3539 Windsor Oak Circle), president of the Greater
Deyerle Neighborhood Association, stated the association was still
opposed to the request even with the proposed changes. Mr. Merkwan
said that the neighborhood's concerns in 1991 were the same as those in
2009. He requested the Commission maintain the existing proffers for
one story buildings.
5. Ms. Joan Brumby (3804 Brandon Avenue) stated she was a resident of
Brandon Oaks after years of waiting for a sufficiently sized unit for her and
her husband. They were recently able to move to Brandon Oaks into one
of the consolidated units in the existing multifamily building. She asked
that the Commission approve the request.
Members of City Council
Page 9
January 19, 2010
6. Mr. Nathan Tanner (3804 Brandon Avenue) appeared before the
Commission as a resident and president of the Residents Council of
Brandon Oaks. He said Brandon Oaks allowed him to remain a City
resident after he could no longer maintain his single-family home. He
went on to say that many of his friends wanted to live at Brandon Oaks as
well but were unable to obtain a suitably-sized unit. He asked that the
Commission approve the request.
7. Mr. Bob Caudle (4231 Belford Street, S.W.) stated that overturning
proffered conditions threatened their authority. He also questioned
Brandon Oaks motives in buying properties on Loblolly and renting them
to couples who used Brandon Oaks' facilities. Staff responded that there
was no conflict with the City's Zoning Ordinance as the properties were
still used as single-family residences. Mr. Chrisman also reminded the
public and the Commission that the properties on Loblolly were not
pertinent to the current discussion.
8. Ms. Carmella Kelly (3510 Loblolly Road) also expressed concern over
Brandon Oak's purchase of single-family residences on Loblolly Road.
Planninq Commission Public Hearinqs:
The following comments and questions were posed by the Planning Commission
at their September 17, 2009 public hearing.
1. Mr. Scholz asked the timeframe for growth of the proposed evergreen
trees. The applicant responded that if they were five feet in height at
planting, it would take approximately 10 years for the trees to reach the
roof of the proposed multifamily building.
2. Ms. Katz said she was concerned about the height of the multifamily
building. She said a two-story building would be more in keeping with the
adjacent single-family neighborhood.
The following comments and questions were posed by the Planning Commission
at their December 17, 2009 public hearing.
1. Mr. Willliams said that he felt the request was perfectly reasonable but his
concern was that the original proffer of single-story cottages was central to
the development's 1991 approval. The applicant responded that the
proposed multifamily building would only be eight feet taller than the
existing cottages when considering grade change and that great lengths
had been taken to ensure that the building would not 'loom' over adjoining
properties.
2. Mr. Scholz asked how the buildings would be lit. The applicant responded
that the only exterior lighting would be on the building's balconies.
3. Mr. VanHyning asked if stormwater could be adequately handled. Staff
responded that the City's Development Review Coordinator had visited
the site and felt comfortable that stormwater could be accommodated.
Members of City Council
Page 10
January 19, 2010
4. Mr. Williams questioned why the one-story, two-family cottages could not
be rebuilt with a larger footprint as they could with the one-story,
townhouse cottages. The applicant responded that there was limited
amount of developable land at the southern end of the property due to
buffer yards and stormwater management areas. The multifamily option
allowed them to expand while remaining in the original footprint of the six
two-family units that would be demolished.
5. Ms. Katz said she thought the design was appropriate and would vote for
the plan because it fit in architecturally and was in conformance with the
neighborhood and comprehensive plans.
6. Mr. VanHyning asked if the stormwater management system could be
placed underground. The applicant responded that it could not due to the
proposed underground parking garage.
7. Mr. Scholz stated that the question at hand was whether the project did
any harm to the adjoining neighborhood. He also stated that if a low, two-
story configuration had been proposed in 1991, it could have possibly
been approved. .
8. Mr. Williams again stated that he saw nothing objectionable about the
proposal but that he was concerned that the original proffer limiting the
cottages to one-story was important to the Deyerle neighborhood. Staff
reminded the Commission and the public that a proffer was not a promise
but a legal agreement between the applicant and City that could be
amended through the rezoning process if the request was appropriate.
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Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853~ 1230
1;'.,::fQ(f2K,8.~r,~!():,print', :.,:'1
Submittal Number: IAmended Application No.2
D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
~~~~~~!~
Address: 13804 Brandon Avenue, SW
Official Tax No(s),: 15180304
~ Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Existin.g Base Zoning: .. I RMF, Residential Multifamily
(If multiple zones, please manually enter all dlstncts.) , .
Ordinance No(s). for Existing Conditions (If applicable): I ?()3'1e - '2 i qq I
Requested Zoning: RMF, Residential Multifamily Proposed Land Use: IMULTIFAMILY/TOWNHOUSE DWELLING
118] With Conditions
D Without Conditions
rpr.cip?i'"yTOwne~rn'o;r.maiion":l
~J::)~GU..l~;!,\J.!~)J~:r!;;~it~lt.i~.~!~~2!:l.if~;t!~~q:j~.i::.i,:.::;%tjjf~~l
Name: IVIRGINIA LUTHERAN HOMES, INC.
I Phone Number:
E-Mail: I
I
I
562-5443
1 Phone Number:
I E-Mail: I
Name:
Address:
I
I
Applicant's Signature:
iiiliih'WriZiJlfiAgedfnnfSFmaifonV{ii!fappireatiief~
:!i.~wljiJiWilltliit:t;rJ\IH;~.E;5t~~1i!EiJ,~iiiI;;::i;;;~~~~1f.j;MiThfi1LJi;ilM!ji~:lt)liciUtlb~~Jj;2"~~trIm':i~lt~.u~.i!
Name: . I Sc.ott R Geddes, Esq.
I Phone Number:
I
I
725-4709
OC, Roanoke Virginia 24018
E-Mail: Isgeddes@opnlaw.com
A
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NARRATIVE
REASON FOR REQUEST TO AMEND PROFFERED CONDITIONS
Subject Property:
3804 Brandon Avenue, SW
Tax Map No.:
5180304
Applicant/Owner
Virginia Lutheran Homes, Inc.
JUSTIFICATION/INTENDED USE OF PROPERTY
Based on vacancies in the existing Brandon Oaks Independent Living
apartments and cottages, Petitioner, VIRGINIA LUTHERAN HOMES, INC.,
determined that an assessment was required of the most feasible way to
reposition the campus for the future and it employed Perkins Eastman to re-
plan the original cottage "arboretum" site to reposition the campus.
Three primary assumptions were a part of this study:
· The study would work within the existing project entitlements, including
adhering to the 228 unit limitation for the site, which is presently
maximized on the site. '
· New apartments should seek to have similar amenities and square
footage as in the existing facility.
· No changes to the exterior of any existing portion of the project will be
made except for demolition of the existing eighteen cottages at the rear
of the property and replacement with three one-story townhouse
buildings (Building A) and one two-story multifamily building (Building
B).
Some conclusions of the study were:
o As to the existing "arboretum" site to the south of the main building:
· At 1100 sf, the cottages on the "arboretum" site are small and
have begun to lose their market appeal and experience
significant vacancies. Therefore, the changes to this site will
replace all of the cottages with larger units.
· This "arboretum" site would best meet Brandon Oaks market
needs if it created a mix of larger units in one two-story
multifamily building consisting of 12 units and three one-story
Cbaumgardner/U: \ Work\civil.c1ients\ Virginia Lutheran Homes\AmendedNarrative.l0.30.09.doc
3-Nov-09
Page 1 of 2
G-,
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townhouse buildings consisting of 4 units each.
· The two-story multifamily building would have 6 units per floor
with communal parking located under the building.' Each unit
would range in size from 1400 to 1700 sf, with a balcony or
patio, and contain a minimum of two bedrooms/two baths.
· The three one-story townhouse buildings would have four units
per building with each unit consisting of 1700 square feet.
Parking would be provided in individual garages and driveways.
· These new residences would increase the number of units on
the "arboretum" site from 18 units to 24 units while staying
within the total permitted - 228 units as the result' of the
combination of units in the existing facility.
EFFECT OF PROPOSED AMENDMENT
ON THE SURROUNDING NEIGHBORHOOD
The amendment of proffers being requested will not negatively impact the
surrounding neighborhood any more than the impact of the existing proffers.
AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES
- IN THE GENERAL AREA AND IN THE CITY
N/A
RELATIONSHIP OF THE PROPOSED AMENDMENT
TO THE CITY'S COMPREHENSIVE PLAN AND
THE APPLICABLE NEIGHBORHOOD PLAN
Compatible
Cbaumgardner/U: \ Work\civil.c1ientsWirginia Lutheran Homes\Amended Narrative. 10 .30.09 .doc
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c;
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ADJOINING PROPERTY OWNER USTING
Subiect Property:
3804 Brandon Avenue, SW
Tax Map No.:
5180304
Applicant/Owner
Virginia Lutheran Homes, Inc.
ADJOINING PROPERTY OWNERS
This list as follows are those property owners who own property beside,
behind or across the street from the subject property noted above:
CITY OF ROANOKE
Official Tax Number/
Property Address
Owner's Name
and Mailing Address
5050603
.3333 Valentine Road, SW
Gaynelle Arthur Marrazzo
3333 Valentine Road, SW
Roanoke, VA 24018
5180302
3808 Brandon Avenue, SW
Corporation of the Presiding Bishop of the
Church of Jesus Christ
50 E. North Temple - 22nd Floor
Salt Lake City, UT 84150
Michael R. & Kelly R. Dooley
3507 Valentine Road, SW
Roanoke, VA 24018
5180313
3507 Valentine Road, SW
5180314
3411 Valentine Road, SW
Georgette S. Milan
3411 Valentine Road, SW
Roanoke, VA 24018
5180325
3502 Loblolly Lane, SW
Virginia Lutheran Homes, Inc.
117 Sheraton Drive
Salem, VA 24153
Betty C. Etzler
3501 Loblolly Lane, SW
Roanoke, VA 24018
5180326
3501 Loblolly Lane, SW
C:\Documents and Settings\enatt.opnlaw\LocaJ Settings\Temporary Internet Files\OLKCO\APO (2).docPage 1 of 3
3-Aug-09
Cl
Official Tax Number/
PropertY Address
5180327
3435 Valentine Road, SW
5180328
3427 Valentine Road, SW
5180329
3419 Valentine Road, SW
5189340
3519 Windsor Oaks Circle, SW
5180341
3515 Windsor Oaks Circle, SW
5180342
3516 Windsor Oaks Circle, SW
5190101
. 3752 Brandon Avenue, SW
5050601
3347 Valentine Road, SW
5050602
. .
3339 Valentine Road, SW
5200106
3807 Brandon Avenue, SW
()
CITY OF ROANOKE
Owner's Name
and Mailing Address
Kevin & Susan M. Russell
3435 Valentine Road, SW
Roanoke, VA 24018
Blake C. & Pamela C. Deavers
3427 Valentine Road, SW
Roanoke, VA 24018
Mark D. & Sharon A. Kennedy
3419 Valentine Road, SW
Roanoke, VA 24018.
Peter H. & Lee B. Wonson
3519 Windsor Oaks Circle, SW
Roanoke,VA 24018
John Wayne &
3515 Windsor Oaks Circle, SW
Roanoke, VA 24018
Joseph Valentino Sartinia'III
3516 Windsor Oaks Circle, SW
Roanoke, VA 24018
Poplar Hill Limited Partnership, LLC
3752 Brandon Avenue, SW
Roanoke, VA 24018
James Zadell
3347 Valentine Road, SW
Roanoke, VA 24018
Bonnie L. Mann
3339 Valentine Road, SW
Roanoke, VA 24018
c S W Associates
3807 Brandon Avenue, SW
Roanoke, VA 24018
C:\Documerits and Settlngs\enatt.opnlaw\Local Settings\Temporary Internet Files\OLKCO\APO (2).docPage 2 of 3
3-Aug-09
C"
Official Tax Number/
Property Address
5200117
3837 Brandon Avenue, SW
C"
. - /
CITY OF ROANOKE
Owner's Name
and Mailing Address
Virginia Lutheran Homes, Inc.
117 Sheraton Drive
Salem, VA 24153
C:\Documents and Settings\enatt.opnlaw\Local Settlngs\Temporary Internet Files\OLKCO\APO (2).docPage 3 of 3
3-Aug-09
" City of Roanoke - GIS
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.t'age 1 01 1
,.:'. ROANOKE.,VA,'/;. ,\':.
. . , ., . ~ ' "
Print Report I Full Detail Report I Close Window
Property Information Card for: VIRGINIA SYNOD LUTHERAN HOME
117 SHERATON DR
SALEM VA 24153
PARCEL INFORMATION
Tax Number 5180304
Property Address 3804 BRANDON AV SW
Legal Description 18.317 ACRES BARRANGER
Deed Reference N/A
Deed Reference 2 NiA
Prevo Sale Date N/A
Prevo Sale Price NiA
Sale Date N/A
Sale Price N/A
Owner VIRGINIA SYNOD LUTHERAN HOME
Address 117 SHERATON DR
SALEM VA 24153
Property Acres 18.5450
Overlav Zoning N/A
Property Frontage 257 Feet
Property A vg. Depth 1586 Feet
Property Area 807,852
Basement Area N/A
Land Assessment $1.781.300.00
Improvements $24,724,900,00
Total $26,506,200.00
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description:'
Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be
reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any
damages, including loss of data, lost profits, business interruption, loss of business information 'or other pecuniary
loss that might arise from the use of this map or the information it contains.
http:// gis.roariokeva.gov IrptDetail.cfm ?mapno=5180304
&mapFn=mke_extem... 6/30/2009
G
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EXISTING PROFFERS TO BE REPEALED
Subject Property:
3804 Brandon Avenue, SW
Tax Map No.:
5180304
Applicant/Owner
Virginia Lutheran Homes, Inc.
Your Petitioner herebyrequests that the existing, Proffers established by Ordinance
No. 30398-21991 dated February 19, 1991, the following be REPEALED:
(1 ) That the development of the property will be in
substantial conformity with the revised copcept plan prepared
by Sherertz, Franklin, Crawford & Shaffner, dated January 4,
1991, with the January 15, 1991, notations, a copy of which is
attached to this Petition as Exhibit "B", sufuject to any changes
required by the City during comprehensive development plan
review.
(2) that the project will include ;such screening and
buffering at the southeast corner of the development so as to
. prevent headlights from said area being visible to the
residences on adjoining properties located "on Valentine Road.
(3) That all drainage from the developed area will
be collected into detainment basins and piped from the same
to a public storm drainage system in a manner approved by
the Engineering Department of the City of Roanoke.
CBaumgardner\ZONING\ROANOKE CITY\VLH\PROFFERS TO BE REPEALED
20-Aug-09 .
o
~
( )
.....,,;..,;-.
PROFFERS TO BE ADOPTED
Subject Property: .
3804 Brandon Avenue, SW
Tax Map No.:
5180304
Applicant/Owner
Virginia Lutheran Homes, Inc.
Your Petitioner requests that the following Proffers be ADOPTED:
(1) The development of the property shall be
in substantial conformity with the development plan
entitled "Brandon Oaks," prepared by Perkins Eastman
Architects PC dated July 28, 2009, amended
October 29, 2009, subject to any changes required by
the City during comprehensive development plan
revIew.
(2) Supplementary landscaping shall. be
installed and maintained in accordance with Sections
36.2-642(e) and 36.2-642(f) of the City's Zoning
Ordinance within the existing natural vegetative buffer
as shown on the "Planting Plan Prepared for Brandon
Oaks," prepared by Dan Chitwood, Certified Landscape
Architect, dated November 18, 2009.
Cbaumgardner/ZONING/ROANOKE CITY/VLH/PROFFERS TO BE ADOPTED csblO-30-09 BL
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th Day of February, 1991.
No .30398-21991.
AN ORDINANCE to amend $36.1-3, Code of the City of Ro~noke
(1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map,
City of Roanoke, to change conditions previously proffered in
connection with the ~ezoning of certain property within the City.
WHEREAS, a petition has been presented to the Council of the
City of Roanoke to amend conditions previously proffered in con-
nection with the rezoning of the hereinafter described property;
and
WHEREAS, the City Planning Commission, which after giving
prope~ notice to all concerned as required by S36.1-693, 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
petition at its meeting on February 11, 1991, after due and
timely notice thereof as required by S36.1-693, 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 changing of proffered conditions~ and
WHEREAS, this Council, after considering the aforesaid peti-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters pre-
sented at the public hearing, is of the opinion that the coo-
C-I
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--CJ
Property described as a tract of land containing 18.3 acres,
more or l~ss, located at 3804 Brandon A~enue, S.W., designated on
Sheet No. 518 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 5180304 be, and hereby remains, zoned RM-2,
Residential Multi-Family, Medium Density District, subject to
those conditions proffered by and set forth in the Second Amended
Petition to Change Proffered Rezoning Conditions filed in the
Office of the City Clerk on January 24, 1991, and that, to the
extent it is nece~sary to do so, Sheet No. 518 of the Sectional
1976 Zone Map be changed in this respect.
f'---~
City Clerk.
-:9.1 ~
ATTEST:
.. ,
OSTERHOUDT, FERGUSON,
. NATT. AHERON & AGEE
ATTO RN EYS-AT-LAW
ROANOKE, VIRGINIA
24018-1699
f\
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V I R GIN I A:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
)
)
)
)
)
)
)
SECOND AMENDED PETITION
-TO CHANGE PROFFERED
REZONING CONDITIONS
Rezoning to change proffered
conditions for a tract of land
containing 18.3 acres located at
3804 Brandon Avenue, SW.
(Official Tax No. 5180304)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL' OF THE
CITY OF ROANOKE
(1) By Ordinance No. 28820, adopted by this Council on
October 19, 1987, the property which is the subject of this
Petition (originally identified as Official Tax No. 5180304) was
rezoned from RS-1, Single-Family Residential District, to RM-2,
Resident Multi-family District, subject to certain conditions
proffered by the then petitioner, Virginia Lutheran Homes,
Incorporated.
A copy of that ordinance is attached hereto as
Exhibi t "A".
(2) Tha t the present owner of the property. is Virginia
Lutheran Homes, Incorporated, the successor to Virginia Synod
Lutheran Home, a Virginia corporation and the developer of the
proj ect is The Roanoke Lutheran Retirement Community, Inc., a
Virginia Corporation..
(3) That subsequent to the adoption of said Ordinance, the
Petitioner has concluded that a change in the site plan is
desirable in order to' permit the saving of the bulk of the large
caliper (24 inch and greater) trees in the area in which cottages
would be located. If the original proffered plan is followed, the
ur n!ii-if 2 t; ""
~HlW~.pr1.Nl~l~b .J~n ~
.... ~"
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majority of said trees will be lost. The revised plan would permi
the relocation of the units to fit them among as many existin
large trees as possible. The total number of units will remain a
172. There will be only 18 cottage duplex units with the propose
change, rather than 22 as shown on the original plan and the number
of units in the main structure will be increased by four.
Accordingly, the Petitioner wishes to amend the present (1987)
zoning conditions by proffering the following conditions:
1. That the development of the property will be in
substantial conformity with the revised concept plan
prepared by Sherertz, Franklin, Crawford & Shaffner,
dated January 4, 1991, with the January 15, 1991,
notations, a copy of which is attached to this Petition
as Exhibit liB", subject to any changes required by the
City during comprehensive development plan review.
2. That the project. will include such screening and
bUffering at the southeast corner of the development so
as to prevent headlights from said area being visible to
the residences on adjoining properties located on
Valentine Road.
3. . That all drainage from the developed area will be
. collected into detainment basins and piped from the same
to a public storm drainage system in a manner approved
by the Engineering Department of the City of Roanoke.
OSTERHOUDT, FERGUSON, (4) Attached as . Exhibit. "C" are the names and addresses of
NATT, AHERDN & AGEE
ATTDRNEYs-AT-lAW the owner or owners of all property immediately adjacent ,to or
ROANOKE, VIR1HN1A
24D18-1699
2
,., "
t':.'
OSTERHOUDT, FERGUSON,
NATT. AHERDN & AGEE'
ATTDRllEYS-AT-LAW
ROANOKE, VIRGINIA .
24018-1699
o
c;
immediately across a street or road from the property which is
subject of this Petition.
WHEREFORE, the Petitioner requests that the condition
proffered in connection with and made a part of Ordinance No. 2882
of this Council be changed and amended as set forth above, i
accordance with the provisio~s of the Zoning Ordinance of the cit
of Roanoke.
Dated:
JanuarY,4, 1991.
Respectfully submitted,
THE ROANOKE LUTHERAN
RETIREMENT COMMUNITY, INC.
By:
l~\l~~~O (\~
Of Counsel
Edward A. Natt, Esquire
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE; P.C.
1919 Electric Road, SW
Roanoke, VA 24018
zonpet.n1\p
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Arboretum Residences
View ~Iong Drive Looking East
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AFFIDAVIT PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS In O. g
FOR: . ~~
VA Lutheran Homes, Inc., 3804 Brandon Avenue, SW
Tax No. 5180304
)
) AFFIDAVIT
CITY OF ROANOKE
)
) TO-WIT:
)
COMMONWEALTH OF VIRGINIA
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of
November, 2009, notices of a public hearing to be held on the 17th day of December,
2009, on the request captioned above to the owner or agent of the parcels as set out
below:
5180313
Michael and Kelly Dooley
3507 Valentine Road, SW
Roanoke, VA 24018
5180314
Georgette S. Milan
3411 Valentine Road, SW
Roanoke, VA 24018 .
.5180302
Presiding Bishop of the Church of
Jesus Christ
50 E. North Temple _22nd Floor
Salt Lake City, UT 84150 .
5180326
Betty C. Etzler
3501 Loblolly Lane, SW
Roanoke, VA 24018
5180325
Applicant
5050603
Gaynelle A. Marrazzo
3333 Valentine Road, SW
Roanoke, VA 24018
5180341
John W. McNeil, Shirley Bustle
3515 Windsor Oaks Circle
Roanoke, VA 24018
5180342
Joseph and Bonnie Saitinia
3516 Windsor Oaks Circle
Roanoke, VA 24018
5190101
Poplar Hill Limited Partnership
3752 Brandon Avenue, SW
Roanoke, VA 24018
5050601
James and Tracey Zadell
3347 Valentine Road, SW
Roanoke, VA 24018
5050602
Bonnie L. Mann
3339 Valentine Road, SW
Roanoke, VA 24018
5200106
CSW Associates
3807 Brandon Avenue, SW
Roanoke,Va 24018
5180327
Kevin and Susan Russell
3435 Valentine Road, SW
Roanoke, VA 24018
5180328
Blake and Pamela Deavers
3427 Valentine Road, SW
Roanoke, VA 24018
5180329
Mark and Sharon Kennedy
3419 Valentine Road, SW
Roanoke, VA 24018
5180340
Also Notified:
T_....._ l\Ko...lrnTt::lln D",oC'l;r1ont
r",nn",J", l('pllv
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
City/County of Roanoke, Commonwealth/State of
Vi1?4~ia- Sworn and subscribed before me this
__J~~ay of JAN 2010. Witness my hand and
official seal.
-~
Notary Public
NonCE OF PUBLIC
HEARING I
The Council of the City Of;- -
Roanoke will hold a pUblicI
hearing on Tuesday, January;
19, 2010, at 7:00 p.m., orl
as. soon thereafter as the'
matter.may be heard, In the
Coun~11 Chamber, fourth
floor, I!J the N?el C, Taylor
Municipal BUilding, 215
Church Avenue; S.W.,
Roa.noke, Virginia, to
consIder the following:
Request from Virginia
Lutheran Homes, Inc., to
repeal existing conditions
proffered as set forth in
Ordinance No
30398-21991 and r~plac~
I them with the conditions
I that the development of the
,property.shall' be in
I substantial conformity with
the development plan
J. entitled "Brandon 'Oaks "
, prepared by Perkin's
) Eastman Architects PC
: dated July 28 2009
t amended October 29'
i 2009, subject to any
c~ange~ required by the
City dUring comprehensive
~evelopment plan review,
and that supplementary
landscaping shall be
Installed and maintained in
accordance with Sections
36.2-642(e) and (f) within'
the existing natural
, vegetative buffer as shown
on the "Planting Plan
Prepared for Brandon
Oaks," prepared by Dan
Chitwood, dated November
18, 2009, for property at
3804 Brandon Avenue
S.W., Official Tax No:
5180304 for continued
residential use of the
property.
A copy of the application
I Is available for review in the
IOffice of the City Clerk
Room 456, Noel C: Taylo;
IMunlcipal BUilding, 215
I'church Avenue, S.W.
Roanoke, Virginia. '
~II parties In Interest and
citizens may appear on the
iabove date and be heard on
jthe matter, If you are a
Iperson with a disability who
,needs accommodations for'
,this hearing, please contactl
the City Clerk:s Office, at
853-2541, before noon onl
the Thursday before thel
,date of the hearing listed
above.
I GIVEN under my hand this
:29th day of December I
2009. '
I Stephanie M, Moon, CMcI
I City Clerk.'
1(11881756) I
L J
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The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - --
SCOTT GEDDESS, ESQ_
3140 CHAPARRAL DRIVE,
OSTERHOUDT FERGUSON
ROANOKE VA 24018
SUITE200C
REFERENCE:
80171747
11881756
NPH-Virginia Luthera
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is. publisher of thp. Roanoke Times!. a d~il~.:
news~aper published in Roanoke, in the State' of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBLISHED ON:
01/08
01/15
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NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Tuesday, January 19, 2010,
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 Virginia Lutheran Homes, Inc., to repeal existing conditions
proffered as set forth in Ordinance No. 30398-21991 and replace them with
the conditions that the development of the property shall be in substantial
conformity with the development plan entitled "Brandon Oaks ," prepared by
Perkins Eastman Architects PC dated July 28,2009, amended October 29,
2009, subject to any changes required by the City during comprehensive
development plan review, and that supplementary landscaping shall be
installed and maintained in accordance with Sections 36.2-642( e) and (f)
within the existing natural vegetative buffer as shown on the "Planting Plan
Prepared for Brandon Oaks," prepared by Dan Chitwood, dated 11/18/09, for
property at 3804 Brandon Avenue, S.W., Official Tax No. 5180304 for
continued residential use of the property.
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.
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 29thday of December
,,2009.
Stephanie M. Moon, CMC
City Clerk.
\,
h,
Virginia Lutheran-repeal & amend proffers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, January 8, and Friday, January 15, 2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Mr. Scott Geddes, Esquire
3140 Chaparral Drive, Suite 200-C
Roanoke, Virginia 24018-0049
(540) 725-4709
Virginia Lutheran-repeal & amend proffers.doc
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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
STEPHANIE M. MOON, CMC
City Clerk
Scott Geddes, Esquire
3140 Chaparral Drive, Suite 200-C
Roanoke, Virginia 24018
Dear Mr. Geddes:
January 11, 2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
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 Tuesday, '
January 19,2010, 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 Virginia Lutheran Homes, Inc., to repeal existing conditions proffered as set
forth in Ordinance No. 30398-21991 and replace them with the conditions that the
development of the property shall be in substantial conformity with the development plan
entitled "Brandon Oaks ," prepared by Perkins Eastman Architects PC dated July 28, 2009,
amended October 29, 2009, subject to any changes required by the City during
comprehensive development plan review, and that supplementary landscaping shall be
installed and maintained in accordance with Sections 36.2-642(e) and (f) within the existing
natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," dated
November 18, 2009, for property at 3804 Brandon Avenue, S.W., for continued residential
use of 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 January 19th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMM:ctw
Enclosure
Sincerely,
~ rh. :?lb~
Stephanie M. Moon, CMC
City Clerk
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
January 11, 2010
CECELIA T, WEBB
Assistant Deputy City Clerk
Mr. and Mrs. Michael Dooley
Mr. and Mrs. James Zadell
Mr. and Mrs. Peter Wonson
Ms. Georgette S. Milan
Ms. Bonnie L. Mann
Mr. and Mrs, Mark Kennedy
Ms. Betty C. Etzler
CSW Associates
Mr. John W. McNeil and Ms. Shirley Bustle
Mr. and Mrs. Kevin Russell
Ms. Gaynelle Marrazzo
Mr. and Mrs. Joseph Sartinia
Mr. and Mrs. Blake Deavers
Presiding Bishop of the Church of Jesus Christ
Poplar Hill Limited Partnership
Mr. John Merkwan
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 haye advertised a public hearing for Tuesday,
January 19,2010, 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 Virginia Lutheran Homes, Inc.,~to repeal existing conditions proffered as set
forth in Ordinance No. 30398-21991 and replace them with the conditions that the
development of the property shall be in substantial conformity with the development plan
entitled "Brandon Oaks ," prepared by Perkins Eastman Architects PC dated July 28, 2009,
amended October 29, 2009, subject to any changes required by the City during'
comprehensive development plan review, and that supplementary landscaping shall be
installed and maintained in accordance with Sections 36.2-642(e) and (f) within the existing
natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," dated
November 18,2009, for property at 3804 Brandon Avenue, S.W" for continued residential
use of 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.
Adjoining Property Owners
January 11, 2010
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,
~~m.~~
Stephanie M. Moon, CMC \
City Clerk
SMM:ctw
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
January 22, 2010
Scott Easter~ PE
D & S Development Group, LLC
2203 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Easter:
I am enclosing copy of Ordinance No. 38710-01910 repealing
conditions as they relate to Official Tax Map No. 6370210 and a .021-
acre portion of Official Tax Map No. 6370206, located at the
intersection of Peters Creek Road and Woodbridge Drive and
rezoning such property from CG~ Commercial General District, to R-3,
Residential Single Family District, subject to a certain condition as set
forth in the Zoni~g Amended Application No.2 dated November 25,
2009.
The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 19, 2010,
and is in full force. and effect upon its passage.
Sincerely,
~~.~
Stephanie M. Moon, CMC
City Clerk
'-
Enclosure
K: \Agenda Correspondence\l anuary 19, 2010\1 anuary 19, 20 I 0 Correspondence. doc
Scott Easter, PE
January 22,2010
Page 2
pc: Planned Parenthood of Blue Ridge, Inc., 2207 Peters Creek Road,
N. W., Roanoke, Virginia 24017
John F. Kalafut and Desiree G. Akers, 2016 Kay Street, N. W.,
Roanoke, Virginia 24017.
Gregg and Casey Collins, 2010 Kay Street, N. W., Roanoke,
Virginia 24017
Jeffrey Glenn Rackley, 2002 Kay Street, N. W., Roanoke,
Virginia 24017
GAD Management, 2032 Peters Creek Road, N. W., Roanoke,
Virginia 24017 '
Westminster Presbyterian Church, 2216 Peters Creek Road,
N. W., Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Martha P. Franklin, Secretary, City Planning Commission
Susan S. lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
K:\Agenda Correspondence\January 19, 20 1 O\January 19,2010 Correspondence. doc
S~\~~\d1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of January, 2010. ,
No. 38710-011910.
AN QRDINANCE)o amend 9 36.2-100, Code of the City of Roanoke (1979), as
.1 J}::
t- i:t
amended, anti the Officia~i..'Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended; to repeal conditions as they relate to Official Tax No. 6370210 and a ,021 acre portion
of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge
Drive, and rezoning such property fromCG, Commercial General District, to R-3, Residential
Single Family District; placing a new proffer on the subject properties; and dispensing with the
second reading of this ordinance by title.
WHEREAS, when the Council of the City of Roanoke ("City Council") adopted
Ordinance No. 28387 on October 20, 1986, City Council accepted proffers related to property
bearing Official Tax No. 6370206, such property being subsequently subdivided into two parcels
and thereby creating a new additional parcel bearing Official Tax No. 6370210;
WHEREAS, D & S Development Group, LLC, has filed an application to the City
Council to repeal the proffers accepted by Council when it adopted Ordinance No. 28387 on
Octpber 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion
of Official Tax No. 6370206;
WHEREAS, the applicant seeks to have the property bearing Official Tax No. 6370210,
located at 4403 Woodbridge Avenue, N.W., and a .021 acre portion of the adjacent parcel
bearing Official Tax No. 6370206, rezoned from CG, Commercial General District, to R-3,
Residential Single Family District, subject to a c'ertain condition as set forth in the Zoning
Amended Application No.2 dated November 25,2009;
O-D & S Development-repeal & amend proffers,doc
1
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on January 19, 2010, 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 amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
convenience, general welfare and good zoning practice, require the repeal of the proffers
accepted by City Council when it adopted Ordinance No. 28387 on October 20, 1986, as such
conditions relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No.
6370206, located at the intersection of Peters Creek Road and Woodbridge Drive; the rezoning
of property bearing Official Tax No. 6370210, located at 4403 Woodbridge Avenue, N.W., and a
.021 acre portion of the adjacent parcel bearing Official Tax No. 6370206, from CG,
Commercial General District, to R-3, Residential Single Family District; and adopting a proffer
pertaining to the subject properties as set forth herein.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The proffers accepted by City Council when it adopted Ordinance No. 28387 on
October 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion
of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge
O-D & S Development-repeal & amend proffers.doc
2
Drive, are hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, be amended to reflect such action.
2. 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 that properties bearing Official Tax No. 6370210, located at 4403
Woodbridge Avenue, N.W., and a .021 acre portion of the adjacent parcel bearing Official Tax
No. 6370206, be, and are hereby rezoned from CG, Commercial General District, to R-3,
Residential Single Family District.
3. The proffer set forth in the Zoning Amended Application No.2, dated November
25, 2009, is accepted and placed on the properties bearing Official Tax No. 6370210, located at
4403 Woodbridge Avenue, N.W., and a .021 acre portion of the adjacent parcel bearing Official
'-Tax No. 6370206, as set forth in such application, and that S 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 such action.
4. Pursuant to the provisions of S 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~m. h]1JtM)
City Clerk
O-D & S Development-repeal & amend proffers,doc
3
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W" Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from D & S Development Group, LLC, to repeal the
conditions set forth in Ordinance No. 28387, dated 10/20/86,
and to rezone 4403 Woodbridge Avenue, N.W., bearing
Official Tax No. 6370210, and a 7.52' portion of the adjacent
parcel bearing Official Tax No. 6370206, from CG,
Commercial General District, to R-3, Residential Single
Family District, subject to the condition that the property be
developed in substantial conformity with the development
plan dated 11/25/09, for development of townhomes,
Planning Commission Action
Planning Commission public hearing was held on Thursday, December 17, 2009.
Public hearing discussion can be found at the end of this report. By a vote of 4-3
(Messrs. Futrell and Chrisman and Ms. Katz and Mrs. Penn voting for, Messrs.
Scholz, VanHyning and Williams voting against) , the Commission recommended
approval of the amendment and rezoning.
Respectfully submitted,
;[).w~
D. Kent Chrisman, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 2
January 19, 2010
Application Information
Req uest: Rezoning, Conditional
Owner: D & S Development Group, LLC
Authorized Agent: Scott R. Easter, PE
City Staff Person: Maribeth B. Mills
Site Address/Location: 4403 Woodbridge Avenue, NW
Official Tax Nos.: 6370210 and portion of 6370206
Site Area: 0.561 Acres
Existing Zoning: CG, Commercial-General District, with Conditions
(Ordinance No. 23837)
Proposed Zoning: R-3, Residential Single-Family District, with Conditions !
Existing Land Use: Vacant
Proposed Land Use: Townhomes
Neighborhood Plan: Peters Creek North Neighborhood Plan
Specified Future Land Use: Commercial
Filing Date: Original Application: September 25, 2009; Amended
Application NO.1: October 21, 2009; Amended
Application No. 2: Novemb~r 25, 2009
Background
In October of 1986, City Council rezoned the subject properties from RS-3,
Residential Single-Family District to C-2, General Commercial District, with the
condition that only C-1, Office District, uses would be permitted. An office was
established in the existing dwelling on the property. The remainder of the site is
vacant.
The applicant appeared before the Planning Commission on November 19,2009
to request a rezoning to permit the construction of six single-story town homes.
Due to the Commission's concerns regarding site design, the request was tabled
for one month to allow changes to be made to the plan.
On November 25th, the applicant submitted an amended application maintaining
the six single-story townhomes, each with a single-bay, front loaded garage and
sidewalk connecting the front door to the public street. Changes include joint-use
driveways decreasing the number of curb cuts from six to three, a Type A Buffer
yard along the eastern property line, and a street configuration consistent with
the City's Subdivision Ordinance and Street Design Guidelines. The color of
siding and dormer placement was also changed on the unproffered front
elevation. Comments regarding fa9ade materials and relocating/deemphasizing
the front-loaded garage were not addressed. The remaining 0.456 acres of
Members of City Council
Page 3
January 19, 2010
Official Tax No. 6370206, which contains the office building, is not a part of this
req uest.
Condition Proffered by the Applicant
The applicant requests that the following proffered condition be repealed as it
pertains to Official Tax No. 6370210 and the subject portion of Official Tax No.
6370206:
1. The petitioners hereby proffer and agree that if the tract is rezoned as
requested that the rezoning will be subject to and that the petitioners will
abide by a condition that the tract as rezoned will be used only for
purposes permitted under C-1, Office and Institutional District.
The applicant requests that the following proffered condition be adopted as it
pertains to Official Tax No. 6370210 and the subject portion of Official Tax No.
6370206:
1. The property will be developed in substantial conformity with the
development plan prepared by ACS Design, LLC, dated November 25,
2009, a copy of which is attached to this application as Exhibit 3, subject
to any changes that may be required by the City during comprehensive
development plan review.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North MX, Mixed Use District and R-7, Residential Medical clinic and vacant.
Single-Family District
South CG, Commercial General District Office, General of
Professional.
East R-7, Residential Single-Family District and RM-1, Single-family dwellings.
Residential Mixed Density District ,
West CG, Commercial General District ,Single-Family Residential
and Vacant.
Compliance with the Zoninq and Subdivision Ordinances:
Under its current conditional Commercial-General District zoning designation, all
uses permitted in the C-1 District of the 1976 Zoning Ordinance are permitted
encompassing a range of office and institutional uses. Rezoning the subject
property will reduce development potential to six townhouse units subject to the
R-3 and supplemental regulations of the 2005 Zoning Ordinance including
density, lot size, lot frontage, yards, height, open space, and parking as follows:
Members of City Council
Page 4
January 19, 2010
1. The R-3 District permits a density of one unit for every 3,000 square feet
of lot area. The subject property would accommodate up to 8 units. The
development plan shows 6 units, resulting in a density of one unit for
every 4,000 square feet of lot area.
2. Each unit would be on its own lot meeting the lot size and lot frontage
requirements of the district. This results in 30 foot wide units.
3. Minimum and maximum yard requirements of the R-3 District and the 10
foot minimum setback between town homes and the R-7 District to the east
have been adhered too. No buffer yards are required; however, a Type A
Buffer Yard has been added along the eastern property line on the
proffered development plan.
4. The maximum height permitted in all single-family residential districts is 35
feet. The proposed height is 21 feet.
5. The townhouse regulations require 100 square feet of useable open space
per unit. The development plan provides for approximately 700 square
feet of useable open space per unit.
6. Two parking spaces have been provided for each unit by a front loaded
garage and driveway which is permitted for units greater than 25' in width
provided the driveway and garage door are no greater than 10 feet in
width. Six on-street spaces are also available along Woodbridge Avenue.
The Section 31.1-400 of the City's Subdivision Ordinance requires a six foot
planting strip with one large deciduous tree for every 40 feet of street frontage
and a five foot sidewalk in the R-3 District. These improvements are depicted on
the proffered development plan. To accommodate these improvements, a five
foot strip of land running the length of the property will be dedicated to
Woodbridge Avenue.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed townhomes fulfill a number of goals and policies of both Vision
2001-2020 and the Peters Creek North Neighborhood Plan such as providing a
transitional use between commercial development on Peters Creek Road and the
residences beyond and introducing a new housing option to a predominately
single-family neighborhood. The Westview Terrace neighborhood is
characteristic of a suburban neighborhood with large lots, a variety of housing
sizes and styles, deep front yard setbacks, wide curvilinear streets, and
prominent driveways and garages. Both plans encourage new development to
steer away from this development form to more traditional layouts that de-
emphasize the automobile. The amended development plans provides
pedestrian accommodations sheltered from vehicular traffic by a large planting
strip with large deciduous trees and on-street parking; increases the number of
on-street parking spaces and reduces the number of curb cuts through the use of
joint-use driveways; buffering for adjoining single-family uses; and variations to
the front elevations including color and dormer placement. Although the primary
feature of the proposed development remains automobile storage, it was deemed
Members of City Council
Page 5
January 19, 2010
appropriate due to the lot's small size and the prominence of front-loaded
garages throughout the neighborhood.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
. NH P5: House 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.
The following policies of the Peters Creek North Neighborhood Plan are relevant
in the consideration of this application:
. Residential Policies:
o Encourage new housing to be compatible with the existing community.
o Encourage housing for the elderly that is designed to maximize access
to nearby services and residential communities.
o Provide sidewalks and pedestrian connections to existing
neighborhoods.
o Integrate new multifamily housing with the community.
o Encourage infill development to reflect the character of the surrounding
neighborhood.
. Residential Policies (Westview Terrace Area):
o Encourage development on smaller lots typical of those found
throughout the city.
o Encourage minimal setbacks to foster a sense of community.
o Encourage development with infrastructure and amenities typical of
traditional neighborhoods, including sidewalks, grass planting strips,
street trees, and street lights.
o Reduce the importance of the automobile by locating garages in the
rear, developing narrow streets and driveways, and limiting driveway
entrances for new residential development.
· Economic Development:
o Encourage good relationships between commercial and residential
development through thoughtful site and building design, landscaping,
and transitional uses.
. Infrastructure Policies:
o Require developers to install sidewalks and curbs at rezoning, special
exception, or subdivision stage in a manner consistent with current city
policy.
o Provide planting strips at least six feet wide when new sidewalks and
curbs are installed.
Conformity with the Vision 2001-2020 Design Principles:
Design Principle: Application's Conformity:
New residential development should The proposed layout is suburban in
incorporate traditional neighborhood form with front loaded garages and
principles rather than suburban driveways.
Members of City Council
Page 6
January 19, 2010
patterns.
Parking should be located on the street Off-street parking is provided through
or to the rear or side of principal individual front loaded garages
buildings, and on-street parking should accessed by joint-use driveways. On-
be encouraged. street parking has been increased to
six spaces from four spaces due to the
joint-use consolidation of driveways.
Sidewalks should be provided on both A five foot public sidewalk separated
sides of urban residential, urban from the street by a six foot planting
collector, downtown, and arterial strip has been provided. On-street
streets. Sidewalks should be parking has been increased from four
separated from vehicle travel lanes by spaces to six spaces due to the joint-
street trees and on-street parking. use consolidation of driveways.
Wherever possible, trees should be Six large deciduous trees planted
planted to so that they create a canopy within the proposed planting strip will
over the roadway. provide shade for the public sidewalk
and street.
Planting strips, the area between the Six large deciduous street trees have
curb and a sidewalk, should be used to been accommodated in the six foot
accommodate street trees. They planting strip provided along
should be provided on all urban Woodbridge Avenue.
residential access streets,
neighborhood collectors, and most
arterials.
Building fronts should face the street. Each unit's front door addresses the
street.
Outside Aqency Comments:
The applicant has indicated that storm water will be handled through infiltration or
by a detention pond on Official Tax No. 6370206 if soils are unsuitable. The
City's Development Review Coordinator, Danielle Bishop, agrees that if
infiltration is not an option, a detention pond on the adjoining property is feasible.
The City's Traffic Engineer, Hong Liu, requested the dedication of right-of-way to
accommodate a 6 foot planting strip with street trees, a 5 foot sidewalk, and a 6
inch utility strip in accordance with the LSB(1 b) of the City's Street Design
Guidelines. These improvements are depicted on the proffered development
plan.
Members of City Council
Page 7
January 19, 2010
Public Comments:
Mr. Jeffrey Rackley (2002 Kay Street N.W.) contacted staff to express concern
over the proximity of the proposed town homes to his property, the number of
additional driveways accessing Woodbridge Avenue, and the appearance of the
town home's front and side elevations. He asked if the existing deciduous trees
along his rear property line could be retained or a fence could be installed to
shield his property from the townhomes.
Three adjoining property owners appeared before the Commission and one letter
was read into the record at their November 19, 2009 public hearing expressing
concern over density, traffic congestion, visibility, decreased property values, and
retention of mature trees. Ms. Katz asked the public if they would prefer
commercial or residential development on the property. The public responded
that they preferred residential, but with some concessions. The applicant noted
that the mature trees were not on the subject property and would not be touched.
He also stated that a buffer yard along the eastern property line between the
townhomes and single-family residences could be installed.
Planninq Commission Public Hearinq:
The following comments and questions were posed by the Planning Commission
at their December 17, 2009 public hearing.
1. Mr. Williams questioned if the curb cuts were an apron. Staff responded
that the City's Zoning Ordinance required a cross slope over sidewalks of
no more than two percent.
2. Ms. Katz stated that the development was a good transition between the
commercial uses along Peters Creek Road and the single-family
neighborhood beyond.
3. Mr. Chrisman stated that he felt it would be difficult to redesign the
development due to the size of the subject property.
4. Mr. Williams asked if the policy regarding rear-Ioade,d garages was
particular to the Peters Creek North Neighborhood Plan or a general City-
wide policy of the Comprehensive Plan. Staff responded that it was a
policy of the Peters Creek North Neighborhood and specifically the
residential policies pertaining to the Westview Terrace Neighborhood in
which this property is located.
5. Mr. VanHyning stated that he was not in support of the application as it did
not adhere to the policies of the Peters Creek North Neighborhood Plan.
6. Ms. Penn asked the applicant why it was necessary to include front-
loaded garages. The applicant responded that as a development
designed for the elderly and disabled, front-loaded garages would be
easier to navigate. He also stated that rear-loaded garages would take
away from the privacy of the residences and increase impervious surface
on the site.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SoW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
ROAN
KE
Submittal Number: I Amended Application No.2
o Rezoning, Not Otherwise Listed
[RJ Rezoning, Conditional
o Rezoning to Planned Unit Development
0' Establishment of Comprehensive Sign Overlay District
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Address: 14403Wood.bridg~ Ave. NW
Official Tax No(s).: 16370210 & 6370206>(portlon of) ,
Existing Base Zoning: ICG, Commerclal-General
(II muffipl. zones, pl.... manually .nter all districts.) .
OrdinanceNo(s). for Existing Conditions (If applicable): 128387
I [g] With Conditions
o Without Conditions
Requested Zoning: R-3, ResideritialSlngltH=arn
!rownhomes,
Name:
Phqne Number: I + 1 (540) 562-;2345 I
E.;Mall; Iseaster@acsdesignllc.com I
'1
Address:
1 Phone Number.
I' E-Mail: [
J
1
Name:
Address:
Applicant's Signafure:
I Phone Number. 1 + 1 (540)562-2345 1
E.Mail;~ast~r@aCSdeSi9nlJc.com I
Exhibit 1
Narrative
WOODBRIDGE TOWNHOMES NARRATIVE
a. Justification
The justification for granting this rezoning application is supported by the purpose and
intent outlined Section 36.2-101 of the City Zoning Ordinance. The proposal provides
for adequate light, air, convenience of access, and safety from fire, flood, crime, and
other dangers. The development plan proposes three curb cut installations for access to
the homes. The design provides safe, convenient access to Woodbridge Avenue and
prevents congestion in public streets. The exterior treatments of the proposed units will
be of brick wainscot and vinyl siding. Each unit will have a one car garage centrally
located one adjacent to another. The development will have a quaint small town
harmonious appeal almost like a community within itself. Each unit will have a backyard
area that will enhance the living experience at this location. This proposal is compatible
with the surrounding uses (commercial, single family) in the area. The R-3 proposal
provides an adequate transition form the more intense Commercial uses to the single
family uses than does the current zoning designation. The design proposal is within the
density limits and regulations set forth in the R-3 District and would not pose undue
burden on any public service area. The proposal would increase the City tax base and
stimulate the economy by providing additional real estate taxes for collection and
promote home sales in a down turned economy. The proposal also provides for
affordable, diversified and accessible housing options which are not readily available in
this immediate area.
b. Proposed Use
D&S Development Group proposes to downzone its property identified at tax parcel
6370210 and a portion of 6370206 from CG, Commercial General, to R-3, Residential
Single Family District. The proposal includes the development and construction of six
one-story attached ADA compliant townhouses. Each unit will have a single car garage.
The proposal also includes a property line adjustment between parcel 6370210 and par:cel
6370206. The property line between the two parcels is proposed to be shifted 7.5 feet to
the west thus increasing the acreage on the parcel 6370210 by 0.021 acres and conversely
decreasing the acreage of parcel 6370206 by the same amount. The property line
adjustment is being proposed in order to facilitate six 30 foot wide townhouse units with
required side yard setbacks. The remaining acreage of Tax Parcel 630206 will be 0.456
acres. The remaining property is zoned CG, Commercial General, and is not to be
considered for zoning change as part of this application.
c. Effects on Surrounding Neighborhood
The effecJs on the surrounding neighborhood will be minimal. There will be a small
increase ib traffic, and on city services. The location of this development will b,e of
benefit to jthe surrounding single family uses in that it is less intense than would be an
office use and will provide a transitional space between those commercial uses and single
family us~s. The development would allow for infiIl and use of a currently vacant parcel.
d.lsimi/ar Zoned Property
In the iJmediate' area, there are a number of affordable housing options but the
availabilit~ of diverse housing types are limited. This proposal would provide both
affordablel housing options and diverse housing types to infill into a well established
neighborhood and promote a well rounded community.
The propolal is to down zone from CG, Commercial General~ to R-3, Residential Single
I
Family. [The adjoining property zoning designations are CG, Commercial General
District, to the west and south, MX, Mixed Use District, to the north, and R-7,
, I
Residential Single Family District, to the northeast and east. The R-3 zone as proposed
provides J gradual step up from the R-7 zone and is a good transition to the more
intensive ioning of the CG District. By rezoning the subject property to R-3 a desirable
transition ~one would be provided between CG and R-7 properties, thus allowing less
intensive Jses to abut the R-7 district.
I
e. Comprehensive Plan
The pro poled rezoning supports the comprehensive plan by allowing infill housing in an
I
already established neighborhood. Little land is available for infill development and
most that ils available is on a large scale. This site is small in size and would allow the
I
design and development of new home construction that will compliment the existing
neighborh,qod. The concept proposed offers an alternative housing type which will prove
to be sustainable. This development will also afford the opportunity for diverse housing
types within an affordable price range and scale that will meet the needs of the City
residents at all stages of life. This proposal will allow physically challenged residents to
live indepdndently and comfortably with many amenities that will enhance and improve
their quality of life. Currently, the City has little to offer of this housing type.
This plan jill also afford those residents that live within the immediate area a community
to retire tol in, their later years or in times when they will need more assistance with
everyday things. The community will allow people a place to live as they progress
through th~ latter stages of their lives. It will allow them to remain in the same
neighborho:od community and around neighbors, friends and familiar surroundings. This
will give comfort and add to their quality of life.
2
The design of this development promotes higher density residential development that is
concentrated adjacent to an established commercial area. The buildings are set close to
the street and provides for pedestrian activities by incorporating sidewalks both in the
public right of way and on the property. The designed sidewalks provide for access to
surrounding neighborhoods and allows for public sidewalk access to City services (i.e.
bus stop). On-street parking is provided on Woodbridge Avenue and on the property
itself.
f. Neighborhood Plan
The subject property falls within the Peters Creek North Neighborhood Plan. This'
portion of the City, as well as all areas of the city, is being challenged to provide for an
aging population.' Providing housing options for an aging popul'ation will become a
necessity for the City.
The rezoning proposal provides specially equipped housing for the elderly or for the
physically challenged. This development would potentially allow a senior citizen or
special needs person to relocate within the same neighborhood or community. It would
allow for newer smaller homes to be built which would be of benefit to senior citizens in
terms of property up keep and maintenance. The proposed layout plan calls for 2 and 3
bedroom units all on one living level. Each unit is equipped with a single car garage that
will promote easy access via an at-grade entrance into the home. The existing grade on
Woodbridge Avenue and the property is 10 percent. This is aninfilllot and not a new
development. No alley or potential of an alley exist to access the rear. The site is not
conducive to rear loading garages and parking areas due to the topography and turning
radius requirements. The topography poses serious issues to those residents who are
physically handicapped and can not be worked into the design for one level living. In
order to install an access from Woodbridge A venue a looped 12 foot wide paved drive
would have to'be constructed around the sides and rear of the dwellings. The orientation
of the drive, the required turning radius and the steep terrain would require significant
grading operations, retaining walls and the loss of mature trees at the rear of the property.
This would also leave little green space and would create significant impervious surface
area. The current plan facilitates the keeping of the mature trees which increase the view
shed for the properties as there is a commercial lot behind them. They also have over 700
square feet of usable open space for landscaping and recreation instead of pavement. The
proposed infill development is geared towards providing accessible living for the elderly.
These folks will want to enjoy the private outdoor space in the rear and not have traffic in
front and in the rear of their dwellings. In addition, rear entrances would be a safety
conc~rn for elderly folks. The design incorporates recessed garages with permeable
concrete paved driveways for storm water infiltration and sidewalk from the public
sidewalk to the front door of each unit; these ideas are being used to de-emphasize the
front load garage. All of the, units will be fully ADA compliant. The target market is the
elderly and those persons who are physically challenged.
The development will allow for the construction of new housing that is compatible with
the existing community. It will allow for the potential relocation of aging residents
3
The design of this development promotes higher density residential development that is
concentrated adjacent to an established commercial area. The buildings are set close to
the street and provides for pedestrian activities by incorporating sidewalks both in the
public right of way and on the property. The designed sidewalks provide for access to
surrounding neighborhoods and allows for public sidewalk access to City services (i.e.
bus stop). On-street parking is provided on Woodbridge Avenue and on the property
itself.
f. Neighborhood Plan
The subject property falls within the Peters Creek North Neighborhood' Plan. This
portion of the City, as well as all areas of the city, is being challenged to provide for an
aging population. Providing housing options for an aging population will become a
necessity for the City.
The rezoning proposal provides specially equipped housing for the elderly or for the
physically challenged. This development would potentially allow a senior citizen or
special needs person to relocate within the same neighborhood or community. It would
allow for newer smaller homes to be built which would be of benefit to senior citizens in
terms of property up keep and maintenance. The proposed layout plan calls for 2 and 3
bedroom units all on one living level. Each unit is equipped with a single car garage that
will promote easy access via an at-grade entrance into the home. The existing grade on
Woodbridge Avenue and the property is 10 percent. This is an in fill lot and not a new
development. No alley or potential of an alley exist to access the rear. The site is not
conducive to rear loading garages and parking areas due to the topography and turning
radius requirements, The topography poses serious issues to those residents who are
physically handicapped and can not be worked into the design for one level living. In
order to install an access from Woodbridge A venue a looped 12 foot wide paved drive
would have to be constructed around the sides and rear of the dwellings. The orientation
of the drive, the required turning radius and the steep terrain would require significant
grading operations, retaining walls and the loss of mature trees at the rear of the property.
This would also leave little green space and would create significant impervious surface
area. The current plan facilitates the keeping of the mature trees which increase the view
shed for the properties as there is a commercial lot behind them. They also have over 700
square feet of usable open space for landscaping and recreation instead of pavement. The
proposed infill development is geared towards providing accessible living for the elderly.
These folks will want to enjoy the private outdoor space in the rear and not have traffic in
front and in the rear of their dwellings. In addition, rear entrances would be a safety
concern for elderly folks. The design incorporates recessed garages with permeable
concrete paved driveways for storm water infiltration and sidewalk from the public
sidewalk to the front door of each unit; these ideas are being used to de-emphasize the
front load garage. All of the units will be fully ADA compliant. The target market is the
elderly and those persons who are physically challenged.
The development will allow for the construction of new housing that is compatible with
the existing community. It will allow for the potential relocation of aging residents
3
Exhibit 2
Proffer Statement
Proffered Condition to be Repealed
The applicant hereby requests that the following condition enacted by Ordinance No.
28387 be REPEALED as it pertains to Official Tax No. 6370210 and the subject portion
of Official Tax No. 6370206:
1, The petitioners hereby proffer and agree that if the tract is rezoned as requested
that the rezoning will be subject to and that the petitioners will abide by a
condition that the tract as rezoned will be used only for purposes permitted under
C-1, Office and Institutional District.
Proffered Condition to be Adopted
The applicant hereby requests that the following condition be ADOPTED as it pertains to
Official Tax No. 6370210 and the subject portion of Official Tax No. 6370206:
1. The property will be developed in substantial conformity with the development
plan prepared by ACS DESIGN, LLC, dated November 25,2009, a copy of
which is attached to this application as Exhibit 3, subject to any changes that may
be required by the City during comprehensive development plan review,
Exhibit 3
Development Plan
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CITY OF ROANOKE, VIRGINIA
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les
DESIGN
DESCRIPTION OF THE EAST PART OF TAX MAP NUMBER 6370206
TO BE REZONED FROM CG TO R3
BEGINNING at an iron pin located on the north side of Woodbridge Avenue, NW, being a
common comer to Lots 1A and ]B, "P]at of Subdivision made for D & S Development Group,
LLC" (Map Book 1, Page 3315), and thence with the north side of W oodbridge Avenue N. 72 0
58'00" W. 7.52 feet to a point; thence leaving Woodbridge Avenue and with a new line through
Lot lA, N. 17002'00" E. 123.60 feet to a point on the line of Planned Parenthood of the Blue
Ridge, Inc. property; thence with the same S. 72058'00" E. 7.52 feet to an iron pin; thence
leaving Planned Parenthood and with the division line between Lots 1 A and 1 B, S. 17002 '00"
W. ] 23.60 feet to the point of BEGINNING, containing 929.5 square feet and being the easterly
7.52 feet of Lot 1 A, and being more particularly shown on "P]at of Preliminary Subdivision
made for D & S Deve]opment Group, LLC" by ACS DESIGN, dated September 25,2009.
2203 Peters Creek Road, NW
13399 BookerT. Washington Highway
ENGINEERfNG
Roanoke. Virginia 24017
Hardy, Virginia 2410 I
PLANNING
PHONE: (540) 562-2345 FAX: (540) 562-2344
PHONE: (540) 719-2345 FAX: (540)719-2344
SURVEYfNG CONSTRUCTION MANAGEMENT
Exhibit 5
Previously Adopted Ordinance
/~
'V~
J
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA.
The 20th day of October, 1986.
No. 28387.
AN ORDINANCE to amend SS36-3 and 36-4, Code of the City of Roanoke
(1979). as amended. and Sheet No. 637. Sectional 1976 Zone Map. City
of Roanoke, to rezone certain property within the City. subject to
certain conditions proffered by the applicant.
WHEREAS. application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3,
Single Family Residential District, to C-2. General Commercial
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 S36-541. 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 on said application by the City
Council at its meeting on October 13. 1986. after due and timely
notice thereof as required by 536-541, Code of the City of Roanoke
(1979). as amended. at which hearing all parties in interest and citi-
zens were given an opportunity to be heard. both for and against the
proposed rezoning; and
WHEREAS, this Council. after considering the aforesaid applica-
tion, 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 SS36-3 and 36-4. Code of the City of Roanoke (1979). as amended.
and Sheet No. 637 of the Sectional 1976 Zone Map. City of Roanoke. be
amended in the following particular and no other:
Property described as a certain tract of land located in the City
of Roanoke. Virginia. containing 1.03 acres. located at the intersec-
tion of Peters Creek and Woodbridge Drive. designated as 2203 Peters
Creek Road. designated on Sheet No. 637 of the Sectional 1976 Zone
Map. City of Roanoke. as Official Tax Nos. 6370206 and 6370207 be. and
is hereby rezoned from RS-3. Single Family Residential District. to
C-2. ~eneral Commercial District. subject to those conditions prof-
fered by and set forth in the petitioner's Amended Petition to Rezone.
filed with the City Clerk on August 15. 1986. and that Sheet No. 637
of the Zone Map be changed in this respect.
~~
j.
L
ArrEST:
Ci ty Clerk.
DODSON, ~(NC(, YIAR,
YOUNG' WOODRUM
AT'TD""'EY8 AT LAW
,,0..,..01([. VA
SAL.I.M, VA
II
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I : .
C I""
IN THE COUNCIL PF THE CITY OF::RO'ANOKE"8~I~~I~I:;A ~:1'
RE: Rezoning of a tract of land lying in the
City of Roanoke at the intersection of
Peters Creek Road and Woodbridge Drive
and designated as 2203 Peters Creek Road
from RS-3, Single Family Residential
District to C-2, General Commercial District,
Subject to Certain Conditions.
)
) AMENDED
) PETITION
) TO
) REZONE
)
)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The petitioners o. DeWitt Hartman and Helen W.
Hartman own a certain tract of land located in the City of
Roanoke, Virginia, containing 1.03 acres, located at the
intersection of Peters Creek Road and WOOdbridge Drive and
designated as 2203 Peters Creek Road, and designated on
Roanoke City Appraisal Maps as Official Tax Nos. 6370206 and
6370207: the said tract is currently zoned RS-3, Single-Family
Residential District. A map of the property to be rezoned is
attached as Exhibit A.
2. Pursuant to Article VII and ArtiCle YIII, Chapter
36, Code of the City of Roanoke (1979), as amended, the
petitioners request that the said property be rezoned from
RS-3, Single-Family Residential District, to C-2, General
Commercial District, subject to certain conditions.
3. The petitioners believe that the rezoning of the
said tract of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that it
DODSON. '[..CE: VIAR.
YOUNG . WOODII~M
.ATTORN&Y. AT LAW
ROANOK&, VA
."LIM. VA.
will permit the highest, best and most appropriate use of said
tract, increase the tax base, promote the prosperity and
general welfare of the community and will provide an
appropriate buffer to adjacent C-2 uses.
4. The petitioners hereby proffer and agree that if
the tract is rezoned as requested that the rezoning will be
subject to and that the petitioners will abide by a condition
that the tract as rezoned will be used only for purposes
permitted under C-l, Office and Insti~utional District.
5. Attached as Exhibit B are the names and addreses
of the owner or owners of all lots or property immediately
adjacent to or immediately across a street or road from the
property to be rezoned.
THEREFORE, the petitioners request that the
above-described tract be rezoned as requested in accordance
with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted,
O. DeWITT HARTMAN
::L(i" ULMAN L
iunsel
Clifton A. Woodrum
DODSON, PENCE, VIAR, YOUNG & WOODRUM
P. O. Box 1371
Roanoke, Virginia 24007
\'
Exhibit 6
Location Map
"
\
Exhibit 7
Adjoining Property Owners
6370206
D & S Development Group, LLC
2203 Peters Creek Road, NW
Roanoke, VA 24017
6370205
John F. Kalafut & Desiree G, Akers
2016 Kay Street, NW
Roanoke, V A 240 I 7
637030 I & 6370304
GAD Management
2032 Peters Creek Road, NW
Roanoke, VA 24017
6370201
Planned Parenthood of Blue Ridge, Inc.
2207 Peters Creek Road, NW
Roanoke, VA 24017
6370202
City of Roanoke
215 Church Ave. SW Room 250
Roanoke, VA 24011
6370208
Gregg A. & Casey P. Collins
20 I 0 Kay Street, NW
Roanoke, VA 2401 7
6370209
Jeffrey Glenn Rackley
2002 Kay Street, NW
Roanoke, V A 2401 7
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
D & S DEVELOPMENT GROUP, LLC
2203 PETERS CREEK ROAD, NW
ROANOKE VA 24017
REFERENCE: 80171369
11881739
NPH-D & S Developmen
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 publishedih .Roanok~, inth~ St~te'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~~~rja, Sworn and subscribed before me this
__JtU~day of JAN 2010. Witness my hand and
~ '\ Notary PUbliC.
U \\\111111",
\\\ I ^ YA.. '"
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PUBLISHED ON: 01/0801/15 =CO:' ~ 1a9\J ~ ':"",~
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= :. ~€ C,G~\\'" S \ .: G=
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...... CIa" .' 0 ......
;;,,;4j4tONWE'~~-<<~~ \' \,'
111"iHl\\~\\
TOTAL COST:
FILED ON:
486.72
01/15/10
--- _. ----
NOTICE OF PUBLIC
"HEARING
The Council of the City of
Roanoke will hold a public
hearing on Tuesday, January
19, 2010, at 7:00 p.m., or
as soon thereafter as the
I mailer may be heard, In the
Council Chamber, fourth
I floor, in the Noel C. Taylor
Municipal Building, 215
Church Avenue, S,W.,
I Roanoke, Virginia, to
I consider the following: '
i Request from D & S
, Development Group, LLC,.to
I repeal the proffers accepted
! by City Council, when It
adopted Ordln'ance No.
28387 on OC,tober20,
1986, as such conditions
.1 relate to Offici,al TilX:'No.
I 6370210 and a .021 acre
, portion of Officl,allaX'No.
, 6370206, and to r,ezone
4403 Woodbrldge.f\venue,
N.W., bearing Official Tax
No. 6370210 and'a',:,021
acre portion of tti'iCparcel
bearing Officlal''lTax No.
6 3 7 0 2 0 6, f r ci m 'c G ,
Commercial G,eneral
District, 'to R-3, Residential
Single Family District,
subject to the condition that
the property be developed
in substantial conformity
I with the development plan
prepared by ACS. DESIGN,
LLC, dated November 25,
2009, subject to any
changes that may be
requi,red during
compre~ensive
development plan review,
for development of
town homes, I' i
A copy of the application'
is available for review in the;
Office o,f the City'Clerk"
Room 456, Noel C, Taylorl
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
r
853.2541, before noon on
:the Thursday before the
Idate of the hearing listed
above, ','
GIVEN under my hand this
29th day 'of December,
2009. ' "
Stephanie M. Moon, C.MC',
City Clerk. '~
(1111817~9)
Billing Services Representative
Notice to Publisher:
Publish in the Roanoke Times on Friday, January 8, and Friday, January 15, 2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
21'5 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-D & S-repeal & amend proffers. doc
Send Bill to:
Scott Easter, PE
D & S Development Group, LLC
2203 Peters Creek Road, N. W.
Roanoke, Virginia 24017
(540) 562-2345
0;}1; \~
\/}11.7\:
\:v \i
~i
Q;
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Tuesday, January 19, 2010,
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 D & S Development Group, LLC, to repeal the proffers
accepted by City Council when it adopted Ordinance No. 28387 on October
20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021
acre portion of Official Tax No. 6370206, and to rezone 4403 Woodbridge
Avenue, N.W., bearing Official Tax No. 6370210 and a .021 acre portion of
the parcel bearing Official Tax No. 6370206, from CG, Commercial General
District, to R-3, Residential Single Family District, subject to the condition
that the property be developed in substantial conformity with the
development plan prepared by ACS DESIGN, LLC, dated November 25,
2009, subject to any changes that may be required during comprehensive
development plan review, for development oftownhomes.
A copy of the application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor MunicipalBuilding, 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 29t~ay of December
,2009 .
Stephanie M. Moon, CMC
City Clerk.
D & S-repeal & amend proffers,doc
~/i;
~~
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
D & S Development Group, LLC, 4403 Woodbridge Avenue, N.W.
Tax Nos. 6370210 and pt. 6370206, from CG to R3
)
)AFFIDA VIT
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 ofthe Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of
October, 2009, notices of a public hearing to be held on the 19th day of November, 2009,
on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
6370201
6370202
6370205
637020
6370209
6370301
6370304
6141401
Name
Mailing Address
Planned Parenthood of Blue
Ridge, Inc.
2207 Peters Creek Road, NW
Roanoke, VA 24017
City of Roanoke
John F. Kalafut
Desiree G. Akers
2016 Kay Street, NW
Roanoke, VA 24017
Gregg and Casey Collins
2010 Kay Street, NW
Roanoke, VA 24017
Jeffrey Glenn Rackley
2002 Kay Street, NW
Roanoke, VA 24017
GAD Management
2032 Peters Creek Road
Roanoke, VA 24017
Westminster Presbyterian Church
2216 Peters Creek Road, NW
Roanoke, VA 24017
~'u.-I1v-" fr~J'l~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
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
STEPHANIE M. MOON, CMC
City Clerk
Scott Easter, PE
D & S Development Group, LLC
2203 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Easter:
JONATHAN E. CRAFT
Deputy City Clerk
January 11, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
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 Tuesday,
January 19,2010, 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 D & S Development Group, LLC, to repeal proffers pursuant to Ordinance
No. 28387 adopted by City Council on October 20, 1986, as such conditions relate to Official
Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206; and to rezone 4403
Woodbridge Avenue, N, W., and a .021 acre portion of the parcel, from CG, Commercial
General District, to R-3, Residential Single Family District, subject to any changes that may
be required during comprehensive development plan review for development of town homes.
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 January 19th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMtV1:ctw
EnClosure
Sincerely,
---IsHi~ n-" In ()~
Stephanie M. Moon, CMC l
City Clerk
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: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 11,2010
CECELIA T, WEBB
Assistant Deputy City Clerk
Mr. John F. Kalafut and Ms. Desiree G. Akers
Mr. Jeffrey Glenn Rackley
Westminster Presbyterian Church
Mr. and Mrs. Gregg Collins
GAD' Management
Planned Parenthood of Blue Ridge, Inc,
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 Tuesday,
January 19,2010, 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 D & S Development Group, LLC, to repeal proffers pursuant to Ordinance
No. 28387 adopted by City Council on October 20, 1986, as such conditions relate to Official
Tax No. 6370210 and a .021 acre portion of Official Tax No, 6370206; and to rezone 4403'
Woodbridge Avenue, N. W., and a .021 acre portion of the parcel, from CG, Commercial
General District, to R-3, Residential Single Family District, subject to any changes that may
be required during comprehensiv~ development plan review for development of town homes..
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,
iJJ~hJ, frlbOl\J
Stephanie M, Moon, CMd
City Clerk
SMM:ctw
r.v1~
vrr
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of January, 2010.
No. 38711-011910.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with Azar
Jewelry, Inc" for approximately 418 square feet of space in the City Market Building, located at
32 Market Square, Roanoke, Virginia 24011, for a month-to-month term, effective February 1,
2010, not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on January 19, 2010, pursuant to 9915.2-1800 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 the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Azar Jewelry, Inc., for
the lease of approximately 418 square feet of space in the City Market Building, located at 32
Market Square, Roanoke, Virginia, for a jewelry store business, for a month-to-month term,
effective February 1, 2010, not to exceed twelve (12) months, at a rental rate of $975.33 per
month, upon certain terms and conditions, and as more particularly described in the City
Manager's letter to this Council dated January 19, 2010.
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:
.~tn.1bcMJ
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
Fax: (540) 853-1138
City Web: www.roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman p, Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W, Mason, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Azar
Jewelry, Inc., in City Market
Building
Background:
The City of Roanoke owns the City Market Building located at 32 Market
Square, Roanoke, Virginia 24011. Elias Azar, the owner and operator of
Azar Jewelry, Inc., has requested a renewal of his lease for stall #110,
which consists of 41 8 square feet of space to sell and/ or repair jewelry,
The current lease for stall #110 expires January 31, 2010. The new lease
term is month to month, not to exceed twelve months, effective February
1, 2010. The proposed agreement establishes a base rent to be paid as
provided by the following schedule:
Square Footage Per Square Foot Monthly Rent Annual Rent
Amount Amount Amount
418 $24.00 $836 $10,032
The Common Area Maintenance fee, to be paid in addition to the rental
amount described above, is $257.50 per month. There is no renewal
provision in this lease,
Honorable Mayor and Members of City Council
January 19, 2010
Page 2
Recommended Action:
Authorize the City Manager to execute a lease agreement with Elias Azar
owner of Azar Jewelry, Inc., for 418 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia 24011,
for a period of month to month,' effective February 1 , 2010, not to exceed
twelve (12) months. Such lease shall be approved as to form by the City
Attorney.
Respectfully submitted,
Darlene L. Bu
City Manager
DLB/ c1t
Attachment: Month to Month Lease Agreement
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
Joshua L. Mabrey, Accountant! Accounts Receivable
CM 1 0-00004
LEASE
Between
THE CITY OF ROANOKE
And
Azar Jewelry, Inc.
LEASE
INDEX
HEADING
PAGE
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
2
2
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
I,M PROVEM ENTS
SURRENDER OF PREMISES
3
3
4
4
4
4
INSPECTION
4
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
4
ESTOPPEL CERTIFICATE
5
5
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
5
CONDEMNATION
COVENANTS OF LANDLORD
6
6
6
NO PARTNERSHIP
BROKERS COMMISSION
7
7
NOTICES
7
HOLDING OVER
7
BENEFIT AND BURDEN
, 7
GENDER AND NUMBER
7
ENTIRE AGREEMENT
7
INVALIDITY OF PARTICULAR PROVISIONS
7
I
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
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Floor Plan
Common Area Roar Plan
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Rules and Regulations
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Guaranty
II
lEASE
THIS lEASE is made this ____day of ____________________2010, by and between the
CITY OF ROANOKE (hereinafter referred to as "landlord"), and Azar Jewelry, Inc,
(hereinafter referred to as "Tenant"),
WITNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties
hereto mutually agree as follows:
1. PREMISES landlord hereby leases to Tenant and Tenant hereby leases
from landlord, for the term and upon the conditions hereinafter provided, a
section of the building known as the Roanoke City Market Building ,(herein
referred to as the "Building") located at 32 Market Square, Stalls #~ Roanoke,
Virginia 24011, as isdelineated on Exhibit "A" hereto, which is hereafter referred
to as the "Premises." The Premises consists of approximately 418 square feet of
space.
2. TERM The term of this lease shall commence on February 1,
2010, ("Commencement Date") provided that such terms shall not exceed twelve
(12) months, Unless written notice is given by the City at least sixty (60) days
prior to the end of the initial term, or any renewal term, by the tenant, this lease
shall automatically renew for another month, except until the twelfth (12) month.
Each renewal term shall be upon the same terms and conditions as the prior
month, and upon the mutual agreement of the parties,
3. BASE RENT; ESCALATIONS The base rent for each month bf the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
P . f h h f h l d' h ~ II' h d I
remIses or eac mont o t e ease accor InO to t e 0 oWing sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
2/01/10 418 $24.00 $836 $10,032
to
2/28/10
If the Commencement Date is other than the first day of the month, the first
month of the lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe month. In the
event the Commencement Date is other than the first day of a calendar month,
the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the, portion of the then current calendar month shall be prorated
on the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the lease, and upon each successive anniversary
thereafter, the monthly rent for the next tWelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time
of execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this lease shall accrue interest at a rate equal
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to the current prime rate, as established by the United States Government, plus
two percent (2%) per month or the maximum amount permitted by law, from the
due date of such payment and shall constitute additional rent payable by ~enant
under this lease and shall be paid by Tenant to landlord upon demand. Payment
shall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient funds check). Tenant shall pay rent to landlord
at,City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other
party or at such other address as landlord may designate from time to time by
written notice to Tenant, without demand. Checks shall be made payable to
Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Two
Hundred Fifty Seven Dollars and Fiftv Cents ($257;50) per month. These fees
will increase by three (3%) percent upon each anniversary of this lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of
every kind and nature paid or incurred by landlord in operating, managing,
equipping, policing, lighting, repairing, replacing items in the Building and
maintaining the Building. Such costs and expenses will include, but not be limited
to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting, '
(j) sanitary control, drainage, collection of rubbish and other refuse,
. (k) costs to remedy and/or comply with governmental and/or environmental
and hazardous waste matters(excludirig Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize landlord to use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(0) All costs and expenses associated with landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B proVided by
landlord for common or joint use and benefit of the tenants ofthe Building, their
employees, agents, servants, customers and invitees. The Common Areas further
include, without limitation, roofs, walls, vacant areas, food court; elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's.
signage), security cameras, lighting fixtures and equipment, and the facilities
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appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common
Areas from time to time as deemed reasonable by Landlord.
5. LANDLORD'S OBLIGATIONS
responsible for the following:
Landlord hereby agrees to provide and be
(a) make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
. not limited to repairs or replacements to the roof, elevators, electrical
wiring, heating and air conditioning systems, toilets, water pipes, gas,
plumbing, other electrical fixtures and the exterior and interior walls.
Structural and capital repairs to Tenant's Premises are specifically excluded.
(b) pay for the cost of Ten ant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use
of funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease AgreemelJt,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees
to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this Lease.
(a) Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term ofthis Lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas ofthe Building
in a negligent manner.
(b) Tenant shall take good care ofthe Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c) Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used forthe purpose of
conducting therein the sale and repair of jewelry. Tenant covenants and agrees
,that at all times during the term hereof, Tenant will actively conduct such a
business in the Premises, keep the Premises amply stocked with good and fresh
merchandise and keep the Premises open for business during the customary-
business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day,
Monday through Saturday) ofthe Building as established or as may be amended
by Landlord and Oi) the Premises shall be used only for such purpose. The
Building will be closed for the following Holidays or as observed: New Year's Day,
Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein
shall require the City of Roanoke to open the Building outside of the above
designated hours. The Premises shall not be used for any other purpose without
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the written permission of Landlord. Tenant shall not open the Building to the
public outside of the customary business hours or on the Holidays stated above.
8.
EXCLUSIVITY
Intentionally omitted.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by
Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or
assign this Lease'upon the terms o(such offer, whereupon Landlord shall have
thirty (30) days to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations,
redecorations, or improvements in and to the Premises in writing beforehand.,
Such alterations, redecorations, additions, or improvements shall conform to all
applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and
regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other
similar building operating equipment and decorations), broom cleaned and in
good condition and repair, reasonable wear and tear excepted. Tenant shall
remove all its property not required to be surrendered to Landlord before
surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property remaining in the Premises at the expiration ofthe
Lease shall be deemed abandoned by Tenant, and Landlord may claim the same
and shall in no circumstance have any liability to Tenant therefore. If physical
alterations were done by Tenant, Landlord, at its option, may require Tenant to
return Premises to its original condition (condition at occupancy) when Tenant
vacates Premises. Upon termination, Tenant shall also surrender all keys for the
Premises to Landlord and, if applicable, inform Landlord of any combinations of
locks or safes in the Premises. If the Premises are not surrendered at the end of
the term as herein above set out, Tenant shall indemnify Landlord against loss or
liability resulting from delay by Tenant in so surrendering the Premises, including
without limitation, claims made by the succeeding Tenant founded on such delay.
Tenant's obligation to observe or perform this covenant shall survive the
e~piration or other termination of the term of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to
Landlord and without diminution of the rent payable by Tenant, to examine,
inspect and protect the same, and to make such alterations and/or repairs as in
the judgment of Landlord may be deemed necessary, or to exhibit the same to
prospective Tenants during the last one hundred twenty (120) days ofthe term of
this Lease.
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13. INSOLVENCY OR BANKRUPTCY Of TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding
is filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, landlord shall have the option of terminating
this lease. Upon such written notice being given by landlord to Tenant, the term
ofthis lease shall, at the option of landlord, end and landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF lANDLORD'S INTEREST landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property; including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this lease. All
covenants and obligations of landlord under this lease shall cease upon the
execution of such conveyance, transfer or assignment, but such covenants and
obligations shall run with the land and shall be binding upon the subsequent
ow'ner(s) thereof or of this lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to landlord, a statement in writing addressed to
landlord or other party designated by landlord certifying that this lease is in full
force, and effect (or, ifthere have been modifications, that the same is in full force
and effect as modified and stating the modifications), stating the actual
commencement and expirationdates ofthe Lease, stating the dates 'to which rent,
and other charges, if any, have been paid, that the Premises have been completed
on or before the date of such certificate arid that all conditions precedent to the
lease taking effect have been carried out, that Tenant has accepted possession,
that the lease ter.m has commenced, Tenant is occupying the Premises and is
open for business, and stating whether or not there exists any default by either
party contained in this lease, and if so specifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
being intended that any such statement delivered pursuant hereto may be relied
upon by landlord or a purchaser of landlord's interest and by any mortgagee or
. prospective mortgage of any mortgage affecting the Premises. If Tenant does not
deliver such statement to landlord within such ten (10) day period, landlord may
conclusively presume and rely upon the following facts: (i) that the terms and
provisions of this lease have not been changed except as otherwise represented
by landlord; (ij) that this lease has not been canceled or terminated except as
otherwise represented by landlord; (iij) that not more than one (1) month's
minimum rent or other charges have been paid in advance; and (iv) that landlord
is not in default under the lease; and (v) no disputes exist. In such event Tenant
shall be estopped from denying the truth of such facts. Tenant shall also, on ten
(10) days' written notice, provide an agreement in favor of and in the form
customarily used by such encumbrance holder, by the terms of which Tenant will
agree to give prompt written notice to any such encumbrance holder in the event
of any casualty damage to the Premises or in the event of any default on the part
of landlord under this lease, and will agree to allow such encumbrance holder a
reasonable length oftime after notice to cure or cause the curing of such default
before exercising Tenant's right of self-help under this lease, if any, or
terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its
agents, employees or invitees, landlord shall diligently and as 'soon as practicable
after such damage occurs repair such damage at the expense of landlord,
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provided, however, that if the Building is damaged by fire or other caus~, to such
extent that the damage cannot be fully repaired within ninety (90) days from the
date of such damage, Landlord or Tenant, upon written notice to the other, may
terminate this Lease, in which event the rent shall be apportioned and paid to the
date of such damage. During the period that Tenant is deprived of the use of the
damaged portion of Premises, Tenant shall be required to pay rental covering only"
that part of the Premises that Tenant is able to occupy, and Rent for such
occupied space shall be the total rent divided by the square foot area of the
Premises and multiplied by the square foot area that the Tenant is able to occupy.
17 . DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contai'ned in this Lease and
such failure to pay Rent or such violation or failure shall continue for a period of
ten (10) days after the due date of such payment or after written notice of any
such violation or failure to perform by Tenant, then and in any of such events this
Lease shall, at the option of Landlord, cease and terminate upon at least ten (10)
days' prior written notice of such election to Tenant by Landlord, and if such
, failure to pay rent or such violation or failure shall continue to the date set forth
in such notice of termination, then this Lease shall cease and terminate without
further notice to quit or of Landlord's intention to re-enter, the same being hereby
waived, and Landlord may proceed to recover possession under and by virtue of
the provisions of the laws of Virginia, or by such other proceedings, including
re-entry and possession, as may be applicable. If Landlord elects to terminate' this
Lease, everything herein contained on the part of Landlord to be done and
performed shall cease without prejudice, however, to the right of Landlord to
recover from the Tenant all rental accrued up to the time of termination or
recovery of possession by Landlord, whichever is later. Should this Lease be
terminated before the expiration ofthe term ofthis Lease by reason of Ten ant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term of this Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available underthe circumstances and ifthe full rental hereinabove provided shall
not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any,
damage or loss of rental sustained by Landlord may be recovered by Landlord, at
Landlord's option, at the time of the reletting, or in separate actions from time to
time, as such damage shall have been made more easily ascertainable by
successive relettings, or at Landlord's option, may be deferred until the expiration
of the term of this Lease in which event the cause of action shall not be deemed
to have accrued until the date of expiration of such term. The provisions
contained in this paragraph shall not prohibit any claim Landlord may have
against Tenant for anticipatory breach of the unexpired term of this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of
the Premises shall be taken or condemned by any governmental authority for any
public or quasi-public use or purpose (including sale under threat of such a
taking) then the term ofthis Lease shall cease and terminate as of the date when
title vests in such governmental authority, and the annual rental shall be abated
on the date when such title vests in such governmental authority. If less than a
substantial part of the common area of the Premises is taken or condemned by
any governmental authority for any public or quasi-public use or purpose, the rent
shall be equitably adjusted on the date when title vests in such governmental
authority and the Lease shall otherwise continue in full force and effect. Tenant
shall have no claim against Landlord (or otherwise) for any portion ofthe amount
that may b~ awarded as damages as a result of any governmental taking or
condemnation (or sale under threat of such taking or condemnation) or for the
value of any unexpired term of the Lease. For purposes of this Article 18, a
substantial part of the Premises shall be considered to have been taken if more
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than fifty percent (50%) of the Premises are unusable by Tenant.
19. COVENANTS OF lANDLORD landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe Premises without molestation
or hindrance by landlord or any party claiming through or under landlord.
20. NO PARTNERSHIP nothing contained in this lease shall be deemed or
construed to create a partnership or joint venture of or between the landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution ofthis lease.
22. NOTICES All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or by certified or
'registered mail, return receipt requested, first-class postage prepaid, (i) if to
landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ij) if to Tenant, at 32 Market Sauare. SE,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, lease shall
automatically renew itself month to month, at twice the Rent rate for the last year
ofthe lease plus all other charges accruing under this lease, and subject to all
covenants, provisions and conditions herein contained. landlord and tenant shall
both have the right to terminate the holdover tenancy upon thirty (30) days
written notice. Tenant shall riot interpose any counterclaim(s) in a summary
proceeding or other action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the
singular number, in any place or places herein in which the context may require
such substitution.
26. ENTIRE AGREEMENT This lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the'
parties not contained in this Lease and exhibits, shall not be of any force or effect.
This lease may not be modified, changed or terminated in whole or in part in any
manner other than by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this lease or
the application thereof to any person or circumstances shall to any extent tle
invalid or unenforceable, the remainder of this lease, or the application of such
provisions to Persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each provision of this lease
shall be valid and be enforced to the fullest extent permitted by law.
, ,
28. HAZARDOUS SUBSTANCES
Tenant covenants and warrants that Tenant,
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and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("laws") which relate
to the transportation, storage, placement handling, treatment, discharge,
generation, removal production or disposal (collectively "Treatment") of any waste
petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls
(PCB), asbestos, lead-based paiilt, or other hazardous materials of any kind, and
any substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not
engage in or permit any person or entity to engage in any Treatment of any Waste
on or which affects the Premises.
Immediately upon receipt of any N9tice (as hereinafter defined) from any person
or entity, Tenant shall deliver to landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless landlord
and landlord's officers, directors, shareholders, employees, agents, partners, and'
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any
and all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by ,
reason of or arising out of: (a) the breach of any representation or undertaking of
Tenant under this section or (b) arising out of the Treatment of any waste by
Tenant or any licensee, concessionaire, manager or other party occupying or
using the Premises.
landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review
paperwork associated with Treatment activities in order to confirm Tenant's
compliance with the terms of this Section. landlord may require that Tenant
deliver to landlord concurrent with Tenant's vacating the Premises upon the
expiration of this lease, or any earlier vacation of the Premises by Tenant, at
Tenant's expense, a certified statement by licensed engineers satisfactory to the
landlord, in form and substance satisfactory to landlord, stating that Tenant, and
any alterations thereto and Tenant's use of the Premises complied and conformed
to all laws relating to the Treatment of any Waste in or affecting the Premises. .
Tenant agrees to deliver upon. request from landlord estoppel certificates to
landlord expressly stipulating whether Tenant is engaged in or has engaged in
the Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any
Waste in or affecting the Premises, whether sudden or gradual, accidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
best of the Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. .INSURANCE Prior to the delivery of possession of the Premises
to Tenant, Tenant shall provide landlord evidence satisfactory to landlord (i) that
fire and casualty and workers' compensation policies in amount and in form and
content satisfactory to landlord have been issued by a company or companies
satisfactory to landlord and will be maintained throughout the course ofTenant's
work at Tenant's cost and expense and (ij) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following
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paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability; insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written
or endorsed so as to protect Landlord, its officers, agents and employees as
additional insureds. The Tenant agrees that the above stated limits and
coverages are minimum limits and coverages, and that Tenant shall proVide such
additional insurance as set forth above, in such amounts and against such risk as
. may be required in the Landlord's sole but reasonable judgment, to equal the
amounts and types of coverages carried by prudent owners and operators of
properties similar to the Building. Tenant shall increase such limits at its
discretion or upon reasonable request of Landlord but not more often than once
every year and such increases shall not be in excess of generally accepted
standards in the industry. Tenant covenants that certificates of all of the
insurance policies required under this Lease, and their renewal or replacement,
shall be delivered to Landlord promptly without demand upon the commencement
ofthe term ofthis Lease and upon each renewal of the insurance. Such policy or
policies shall also provide that it shall not be cancelled nor shall there by any
change in the scope or amount of coverage of the policy without thirty (30) days
prior written notice to Landlord. If same is not provided with ten (10) days after
demand, Landlord is authorized to secure such policy from such companies as it
deems appropriate and collect from Tenant in such a manner as it deems
appropriate the cost of the premium,
30. SECURITY DEPOSIT
(a) AMOUNT OF DEPOSIT Tenant will depOSit a sum equal to the amount of
the rent in the last month of the Lease with the Landlord before the
commencement of this Lease. Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant of all ofthe terms, covenants and conditions ofthe Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of Landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other sum.
'(b) USE AND RETURN OF DEPOSIT In the event of the failure of Ten ant to
keep and perform any ofthe terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the landlord for loss of damage sustained or
suffered by landlord due to such breach on the part of Ten ant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other sums due and payable to
landlord by Tenanthereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such depOSit shall be returned in full to Tenant at the
9
end of the Lease Term or upon the earlier termination of this Lease.
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise, of Ten ant or its employees, servants,
contractors or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and
regulations. Tenant acknowledges and agrees that it will dispose of trash and
grease in the containers designated by the Landlord for such disposal and not
dispose of such substances in a manner that would violate applicable federal,
state and local laws, ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of
the Commonwealth of Virginia and that all claims, disputes, and other matters
shall only be decided by such court according to the laws of the Commonwealth
of Virginia.
34. FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labortroubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason ofa like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed
for performance for such act shall be extended by a period equivalent to the
period of such delay. The provisions of this Section shall not operate to excuse
. Tenant from the prompt payment of rent, Common Area Maintenance Fee or any
other payments required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
its business. Tenant agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b) Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c) Tenant will include the provisions ofthe foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a) During the performance of this Agreement, Tenant agrees to (i) provide a
10
drug-free workplace for its employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or us.e of a controlled substance or marijuana is '
prohibited in the workplace and specifying the actions that will be taken
against employees ~or violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of
Tenant that Tenant maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over $10,000, so that the provisions will .be binding upon each
subcontractor or vendor.
(b) Forthe purposes of this section, "drug-free workplace" means a site forthe
performance of work done in connection with a specific contractawarded to
a contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
3,7. RULES AND REGULATIONS Tenant agrees to comply and adhere to
landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "0" attached hereto and made part of this lease
38. SIGNAGE Tenant agrees to comply and adhere to landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto,and made
part of this lease.
39. GUARANTY By virtue of entering into this lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this lease. Such Guarantor(s) shall first be approved by landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to landlord
upon request.
40. LIABILITY OF LANDLORD As to this lease Agreement, landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
custo.mers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination of this
lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casuCJ,lty, or from any leakage in any part or portion of the
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part of the Premises orthe Building, orfrom drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and landlord shall not in any manner be held
responsible therefore. The employees of landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of landlord.
11
ATTEST:
Stephanie M. Moon, City Clerk
Approved as to Form:
Assistant City Attorney
LANDLORD:
CITY OF ROANOKE
~: ~~U
Print Name: Darlene Burcham
Title: City Manager
TENANT:
AlAR JEWELEY, INC.
Elias Azar, Owner
By:
Print Name:______________________
Title:_____________________________
Fe d. I. D .__________________________
Witness
12
EXHIBIT A
FLOOR PLAN
13
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
14
EXHIBIT C
MENU
Attach here if Food Court Tenant
lS
EXHIBIT D
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if requested by
landlord, in a Dumpster or similar container furnished and serviced at
Tenant's expense.
2. Tenant shall keep lights on in show windows, leased food court space
and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of landlord.
5. No solicitation material shall be displayed inside the building or affixed
to the exterior of the building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
B. Tenant is responsible for the replacement of light bulbs in its space
9. Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed
contractor on a basis predetermined by the landlord.
10. . Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (Applies only to Food Court Vendors) Providing the availability of space
for the purpose of storage, landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment
(unused or in disrepair) is to be stored in the area under any
circumstances. Any prohibited items stored in this area will be removed
at Tenant's expense. Tenant's not maintaining their own storage space
per Health and Fire code requirements will be assessed a $100.00 fee
per occurrence. If a Tenant's space is in violation more than three times
in a given year, landlord will rescind Tenant's option to use available
space.
16
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or
displayed on walls, windows, or any part of the outside or the inside of the
Building including the directories, in place, number, size, color and style,
unless approved by landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by landlord by such
removal. Tenant further agrees to maintain such sign, canopy, decoration,
lettering, advertising matter or other thing as may be approved in good
condition and repair at all times, landlord shall have the right to prohibit any
advertisement of Ten ant which in its opinion tends to impair the reputation of
the Building or its desirability as a high-quality festival marketplace for retail
stores or food related 'businesses, other institutions of like nature, and, upon
written notice from landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
17
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
18
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
City/County of Roanoke, Commonwealth/State of
Vir~~a. Sworn ~ subscribed before me this
___'::h....\!Jday of JAN\20 0.\ itness my hand and
official seal.
o ary Public
NOTICE OF PUBLIC
HEARING
I The City of Roanoke,
: pro p 0 s est 0 I e a s e,
I approximately 418 square,
, feet of City.owned property,
, located In the Roanoke City
i Market Building at 32
, Market Square, RoanOke;
Virginia 24011, to Azar,
Jewelry, Inc" to be used a~
a Jewelry store business, on
a month to month basis
, beginning February 1;
2010, such terms not to
exceed one year, \
Pursuant to the
requirements Of\
!i !i 15 . 2 - 1 8 0 0 ..a n d
15,2.1813, Code of Virginia
(1950) as amended, notice
is hereby given that the City I
Council of the City of
Roanoke will hold a pUblic
, hearing on the, abovel
matter at its regula,rl
meeting to be held on
Tuesday, January 19, 2010,
commencing at 7:00 p.Ili.,
in the Council Chambers,
4th Floor, Noel C. Taylor
Municipal Building, 215
I 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, January
14, 2010. .
GIVEN under my hand this
4th day of January, 2010.
Stephanie M, Moon
I City Clerk
I
:(11896803)
REFERENCE: 80084300
11896803
NPH-Azar Jewelry
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
d~tes:
PUBLISHED ON:
01/08
,\\"ll"""II;
,,,~~~~"( 1\ LA h~",
l~~~N~~Mff' ':~"9;''.:.
: Jr./ pueUC ". ~
: f REG. #7090930 ': * ~
: *: ~ COMMISSION : ~ =
-: ~ ... EXP\~S \\ :' ~ =
~.~_:. 11)';)'::....* ~ ~
"'~-'. ~ .' ~ ...
" '.,0,,:".. , , . , . . ~~' ".....
'1,,;I'WEAL1'i\ \) \\\'
111"'lilll\\\
TOTAL COST:
FILED ON:
193.44
01/08/10
--------------------------------------------------+------------------------
Billing Services Representative
.... ~.: c -:- .....
.~ .i.
O~L
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 418 square feet of City-
owned property located in the Roanoke City Market Building at 32 Market Square,
Roanoke, Virginia 24011, to Azar Jewelry, Inc., to be used as a jewelry store business, on
a month to month basis beginning February 1, 2010, such terms not to exceed one year.
Pursuant to the requirements of SS15.2-1800 and 15.2-1813, 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
Tuesday, January 19, 2010, commencing at 7:00 p.m., in the Council Chambers, 4th
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. Further information is available from the 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,
January 14, 2010.
GIVEN under my hand this ~ day of January
,2010.
STEPHANIE M. MOON
CLERK
Notice to Publisher:
Publish in the Roanoke Times on Friday, January 8,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540)853-2715
."
j'
c;jJ-G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19~/day of January, 2010.
No. 38712-011910.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with
Eddie Soo Park, d/b/a Tokyo Express, for approximately 182 square feet of space in the City
Market Hl;lilding, located at 32 Market Square, Roanoke, Virginia 24011, for a month-to-month
term, effective February 1, 2010, not to exceed twelve (12) months; and dispensing with the
second reading ofthis ordinance by title.
i
WHEREAS, a public hearing was held on January 19, 2010, pursuant to SS15.2-1800 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 the proposed lease.
. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1, The City Manager and the City Clerk are hereby authorized, to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Eddie Soo Park, d/b/a
Tokyo Express, for the lease of approximately 182 square feet of space in the City Market
Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment, for a
month-to-month term, effective February 1, 2010, not to exceed twelve (12) months, at a rental
rate of$424.67 per month, upon certain terms and conditions, and as more particularly described
in the City Manager's letter to this Council dated January 19, 2010.
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 TTES)':-- _'v .
~h7.~
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
Fax: (540) 853-1138
City Web: www,roanokeva.gov
January 19, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita]. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Tokyo
Express in City Market
Building
Background:
Eddie Soo Park, d/b/a Tokyo Express, has requested a renewal of his
lease for 182 square feet of space located in the City Market Building at
32 Market Square, Roanoke, Virginia 24011. The current lease expires
January 31, 2010. The new lease term is month to month, not to exceed
twelve months, effective February 1, 2010. The proposed agreement
establishes a base rent to be paid as provided by the following schedule:
Square Per Square Foot Monthly Annual Rent
Footage Rent Amount
Amount Amount
182 $28.00 $424.67 $ 5096.04
The Common Area Maintenance fee, to be paid in addition to the rental
amount described above, is $309.00 per month, There is no renewal
provision in this lease,
Honorable Mayor and Members of City Council
January 19, 2010,
Page 2
Recommended Action:
Authorize the City Manager to execute a lease agreement with Eddie Soo
Park d/b/a Tokyo Express, for approximately 182 square feet of space in
the City Market Building, located at 32 Market Square, Roanoke, Virginia,
24011, for a period of month to month, effective February 1,2010, not
to exceed twelve (12) months, Such lease shall be approved as to form
by the City Attorney,
Respectfully submitted,
Darlene L. Bur
City Manager
DLB/c1t
Attachment
c: Stephanie M, Moon, City Clerk
William M. Hackworth, City Attorney
Ann H, Shawver, Director of Finance
R, Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
Joshua L. Mabrey, Accountant/Accounts Receivable
CM 10-0005
LEASE
Between
THE CITY OF ROANOKE
And
Tokyo Express
CI\DOctIMEm'S AND SETTINGS\BDCT1\MY DOCUMEN'I'S\TOItYO BXPRE8S\2010 MON'l1t TO MOerrH LEASe.DOC
LEASE
INDEX
HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
IMPROVEMENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CON DEM NATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
C,\DOCUMENTSAND SE11lNGS\EOCT1\MY DDt:UMENTS\TOKYO EXPRESS\2010 MONlH TO MONlH LEASE,DOC
I
PAGE
2
2
3
3
4
4
4
4
4
4
5
5
5
6
6
6
7
7
7
7
7
7
7
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
C:\DOCUMENTS AND SETnNGS\EDcn\MY DOCUMENTS\TtlK'IO EXPRESS\2010 MONlH TO MONlH LEASE.DOC
II
7
7
8
9
9
10
10
10
10
10
11
11
11
11
11
11
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
LEASE
THIS LEASE is made this ____day of ___-,________________2010 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Eddie Soo Park,
d/b/a Tokyo Express, (hereinafter referred to as "Tenant"),
WITNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties
hereto mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord, for the term and upon the conditions hereinafter provided, a
section of the building known as the Roanoke City Market Building (herein
referred to as the "Building") located at 32 Market Square, Stalls #127, Roanoke,
Virginia 24011, as is delineated on Exhibit "A" hereto, which.is hereafter referred
to as the "Premises." The Premises consists of approximately 182 square feet of
space.
2. TERM The term of this Lease shall be month to month,
commencing February 1, 2010, ("Commencement Date") provided that such
terms shall not exceed twelve (12) months, Unless written notice is given by the
City at least sixty (60) days prior to the end of the initial term, or any renewal
term, by the tenant, this Lease shall automatically renew for another month,
except until the twelfth month. Each renewal term shall be upon the same terms
and conditions as the prior month, and upon the mutual agreement of the parties.
3. BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
f h h f h d h f II I
Premises or eac mont o t e Lease accor ina to t e 0 owing schedu e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amou nt Amount
Amount
1/01/09 182 $28.00 $424.67 $5096.04
to
1/31/09
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe month. In the
event the Commencement Date is other than the first day of a calendar month,
the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated
on the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (1 2) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time
of execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
C:\DOCUMENTS AND SETT1N~S\EDcn\MYODCUMENTS\TOKYO EXPRESS\2010 MONTH TO MONTH lEASE,DOC
1
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal
to the current prime rate, as established by the United States Government, plus
two percent (2%) per month or the maximum amount permitted by law, from the
due date of such payment and shall constitute additional rent payable by Tenant
under this Lease and shall be paid by Tenant to Landlord upon demand. Payment
shall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient funds check). Tenant shall pay rent to Landlord
at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other
party or at such other address as landlord may designate from time to time by
written notice to Tenant, without demand. Checks shall be made payable to
Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Three
Hundred Nine Dollars and 00/00 ($309,00) per month. These fees will increase
by three (3%) percent upon each anniversary of this Lease,
The term "Common Area Maintenance Fee" includes all costs and expenses of
every kind and nature paid or incurred by landlord in operating, managing,
equipping, policing, lighting, repairing, replacing items in the Building and
maintaining the Building. Such costs and expenses will include, but not be limited
to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
(b) insurance premiums for public liability and property damage for the
BUilding(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
0) sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental
and hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(0) All costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit ofthe tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
C;\DOCUMEN1'S AND SETTlNGS\EDCT1\MY DOCUMENTS\TOKYO EXPRESS\2D1D MONlH TO MONTH LEASE,DOC
2
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),'
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. landlord shall have the right to modify the Common
Areas from time to time as deemed reasonable by landlord.
S. LANDLORD'S OBLIGATIONS landlord hereby agrees to provide and be
responsible for the following:
(a) make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical
wiring, heating and air conditioning systems, toilets, water pipes, gas,
plumbing, other electrical fixtures and the exterior and interior walls.
Structural and capital repairs to Tenant's Premises are specifically excluded.
(b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use
of funds from the Common Area Maintenance Fee described above,
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees
to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this lease.
(a) Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term ofthis lease, ordinary wear and tear excepted,
and not use any part of the Premises or the Common Areas of the Building
in a negligent manner.
(b) Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c) Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 ofthis Lease.
7. USE OF PREMISES The Premises shall be used forthe purpose of
conducting therein the sale of Japanese cuisine menu items. Tenant covenants
and agrees that at all times during the term hereof, Tenant will actively conduct
such a business in the Premises, keep the Premises amply stocked with good and
fresh merchandise and keep the Premises open for business during the customary
business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day,
Monday through Saturday) of the Building as established or as may be amended
by Landlord and (iil the Premises shall be used only for such purpose. The
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Building will be closed for the following Holidays or as observed: New Year's Day,
Memorial Day, labor Day, Thanksgiving Day and Christmas Day. Nothing herein
shall require the City of Roanoke to open the Building outside of the above
designated hours. The Premises shall not be used for any other purpose without
the written permission of landlord. Tenant shall not open the Building to the
public outside of the customary business hours or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant as outlined in attached
menu noted as Exhibit "C". Tenant must obtain written approval of Landlord
before adding any item, other than soft drink beverages, to its menu and shall pay
a $100 per item to the landlord if Tenant does not obtain such approval. If menu
changes persist beyond thirty (30) days without the written approval of the
Landlord the tenant is thereby in default of its Lease. landlord and Tenant
acknowledge that it is the intent of the parties that current and prospective
tenants ofthe Building not be allowed to market products that would impair the
sales of the other tenants of the Building. Accordingly, landlord agrees not to
lease to tenants selling similar food, cuisine or fare as existing tenants of the
Market Building, as determined in the sole discretion of the landlord, or which
will in the opinion of the landlord be inconsistent wi"th the intended uses of the
Building. Tenant further agrees not to market any product that would impair a
current Tenant's sales. Tenant acknowledges and agrees that if there is any
disagreement over whether any item sold by a tenant is an item sold by another
tenant of the Building that would impair Tenant's sales; such dispute shall be
determined and resolved in the landlord's sole discretion.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this lease in whole or in part, nor sublet all or any part ofthe
Premises without following the procedures detailed herein and obtaining the prior
written consent of landlord, in landlord's sole discretion. The consent by
Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or
assign this lease upon the terms of such offer, whereupon Landlord shall have
thirty (30) days to accept or reject such assignment or sublease.
10. IMPROVEMENTS landlord must approve all alterations,
redecorations, or improvements in and to the Premises in writing beforehand.
Such alterations, redecorations, additions, or improvements shall conform to all
applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and
regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrenderthe Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the follOWing materials or
equipment without landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other
similar building operating equipment and decorations), broom cleaned and in
good condition and repair, reasonable wear and tear excepted. Tenant shall
remove all its property not required to be surrendered to landlord before
surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property re~aining in the Premises at the expiration ofthe
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Lease shall be deemed abandoned by Tenant, and Landlord may claim the same
and shall in no circumstance have any liability to Tenant therefore. If physical
alterations were done by Tenant, Landlord, at its option, may require Tenant to
return Premises to its original condition (condition at occupancy) when Tenant
vacates Premises. Upon termination, Tenant shall also surrender all keys for the
Premises to Landlord and, if applicable, inform Landlord of any combinations of
locks or safes in the Premises. Ifthe Premises are not surrendered at the end of
the term as herein above set out, Tenant shall indemnify Landlord against loss or
liability resulting from delay by Tenant in so surrendering the Premises, including
without limitation, claims made by the succeeding Tenant founded on such delay.
Tenant's obligation to observe or perform this covenant shall survive the
expiration or other termination of the term of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to
Landlord and without diminution of the rent payable by Tenant, to examine,
inspect and protect the same, and to make such alterations and/or repairs as in
the judgment of Landlord may be deemed necessary, or to exhibit the same to
prospective Tenants during the last one hundred twenty (120) days ofthe term of
this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding
is filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option ofterminating
this lease. Upon such written notice being given by Landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 1 7 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All
covenants and obligations of Landlord under this Lease shall cease upon the
execution of such conveyance, transfer or assignment, but such covenants and
obligations shall run with the land and shall be binding upon the subsequent
owner(s) thereof or of this Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to
landlord or other party designated by Landlord certifying that this lease is in full
force and effect (or, ifthere have been modifications, that the same is in full force
and effect as modified and stating the modifications), stating the actual
commencement and expiration dates of the Lease, stating the dates to which rent,
and other charges, if any, have been paid, that the Premises have been completed
on or before the date of such certificate and that all conditions precedent to the
Lease taking effect have been carried out, that Tenant has accepted possession,
that the Lease term has commenced, Tenant is occupying the Premises and is
open for business, and stating whether or not there exists any default by either
party contained in this Lease, and if so speCifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
being intended that any such statement delivered pursuant hereto may be relied
upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or
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prospective mortgage of any mortgage affecting the Prem ises. If Tenant does not
del iver such statement to landlord within such ten (10) day period, landlord may
conclusively presume and rely upon the following facts: (i) that the terms and
provisions ofthis lease have not been changed except as otherwise represented
by landlord; (ij) that this lease has not been canceled or terminated except as
otherwise represented by landlord; (iii) that not more than one (1) month's
minimum rent or other charges have been paid in advance; and (iv) that landlord
is not in default under the lease; and (v) no disputes exist. In such event Tenant
shall be estopped from denying the truth of such facts. Tenant shall also, on ten
(10) days' written notice, provide an agreement in favor of and in the form
customarily used by such encumbrance holder, by the terms of which Tenantwill
agree to give prompt written notice to any such encumbrance holder in the event
of any casualty damage to the Premises or in the event of any default on the part
of landlord under this lease, and will agree to allow such encumbrance holder a
reasonable length oftime after notice to cure or cause the curing of such default
before exercising Tenant's right of self-help under this lease, if any, or
terminating or declaring a default under this lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Ten ant, its
agents, employees or invitees, landlord shall diligently and as soon as practicable
after such damage occurs repair such damage at the expense of landlord,
provided, however, that ifthe Building is damaged by fire or other cause to such
extent that the damage cannot be fully repaired within ninety (90) days from the
date of such damage, landlord or Tenant, upon written notice to the other, may
terminate this lease, in which event the rent shall be apportioned and paid to the
date of such damage. During the period that Tenant is deprived of the use ofthe
damaged portion of Premises, Tenant shall be required to pay rental covering only
that part of the Premises that Tenant is able to occupy, and Rent for such
occupied space shall be the total rent divided by the square foot area of the
Premises and multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of
Rent and/or as required by this lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contained in this lease and
such failure to pay Rent or such violation or failure shall continue for a period of
ten (10) days after the due date of such payment or after written notice of any
such violation or failure to perform by Tenant, then and in any of such events this
lease shall, at the option of landlord, cease and terminate upon at least ten (10)
days' prior written notice of such election to Tenant by landlord, and if such
failure to pay rent or such violation or failure shall continue to the date set forth
in such notice of termination, then this lease shall cease and terminate without
further notice to quit or of Landlord's intention to re-enter, the same being hereby
waived, and landlord may proceed to recover possession under and by virtue of
the provisions of the laws of Virginia, or by such other proceedings, including
re-entry and possession, as may be applicable. If landlord elects to terminate this
lease, everything herein contained on the part of landlord to be done and
performed shall cease without prejudice, however, to the right of landlord to
recover from the Tenant all rental accrued up to the time of termination or
recovery of possession by landlord, whichever is later. Should this lease be
terminated before the expiration of the term ofthis lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term of this lease, landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available under the circumstances and if the full rental hereinabove provided shall
not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any
damage or loss of rental sustained by landlord may be recovered by Landlord, at
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landlord's option, at the time ofthe reletting, or in separate actions from time to
time, as such damage shall have been made more easily ascertainable by
successive relettings, or at landlord's option, may be deferred until the expiration
of the term ofthis lease in which event the cause of action shall not be deemed
to have accrued until the date of expiration of such term. The provisions
contained in this paragraph shall not prohibit any claim landlord may have
against Tenant for anticipatory breach of the u nexpi red term of this lease.
18. CONDEMNATION If any part of the Building or a substantial part of
the Premises shall be taken or condemned by any governmental authority for any
public or quasi-public use or purpose (including sale under threat of such a
taking) then the term ofthis lease shall cease and terminate as of the date when
title vests in such governmental authority, and the annual rental shall be abated
on the date when such title vests in such governmental authority. If less than a
substantial part of the common area of the Premises is taken or condemned by
any governmental authority for any public or quasi-public use or purpose, the rent
shall be equitably adjusted on the date when title vests in such governmental
authority and the lease shall otherwise continue in full force and effect, Tenant
shall have no claim against landlord (or otherwise) for any portion of the amount
that may be awarded as damages as a result of any governmental taking or
condemnation (or sale under threat of such taking or condemnation) or for the
value of any unexpired term of the lease. For purposes of this Article 18, a
substantial part of the Premises shall be considered to have been taken if more
than fifty percent (50%) of the Premises are unusable by Tenant.
19. COVENANTS OF LANDLORD landlord covenants that it has the right to
make this lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe Premises without molestation
or hindrance by landlord or any party claiming through or under landlord.
20. NO PARTNERSHIP nothing contained in this lease shall be deemed or
construed to create a partnership or joint venture of or between the landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of landlord and Tenant. .
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this lease.
22. NOTICES All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or by certified or
registered mail, return receipt requested, first-class postage prepaid, (i) if to
landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ij) if to Tenant, at 32 Market Square. SE,
unless notice of a change of addre'ss is given pursuant to the provisions ofthis
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, lease shall
automatically renew itself month to month, at twice the Rent rate forthe last year
of the lease plus all other charges accruing under this lease, and subject to all
covenants, provisions and conditions herein contained. landlord and tenant shall
both have the right to terminate the holdover tenancy upon thirty (30) days
written notice. Tenant shall not interpose any counterclaim(s) in a summary
proceeding or other action based on holdover.
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24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the
singular number, in any place or places herein in which the context may require
such substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the
parties not contained in this Lease and exhibits, shall not be of any force or effect.
This Lease may not be modified, changed or terminated in whole or in part in any
manner other than by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable, the remainder of this Lease, or the application of such
provisions to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each provision ofthis Lease
shall be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate
to the transportation, storage, placement handling, treatment, discharge,
generation, removal production or disposal (collectively "Treatment") of any waste
petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls
(PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and
any substance which, is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"), Tenant further covenants and warrants that it will not
engage in or permit any person or entity to engage in any Treatment of any Waste
on or which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person
or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any
and all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by
reason of or arising out of: (a) the breach of any representation or undertaking of
Tenant under this section or (b) arising out of the Treatment of any waste by
Tenant or any licensee, concessionaire, manager or other party occupying or
using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review
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paperwork associated with Treatment activities in order to confirm Tenant's
compliance with the terms of this Section. landlord may require that Tenant
deliver to Landlord concurrent with Tenant's vacating the Premises upon the
expiration of this lease, or any earlier vacation of the Premises by Tenant, at
Tenant's expense, a certified statement by licensed engineers satisfactory to the
landlord, in form and substance satisfactory to Landlord, stating that Tenant, and
any alterations thereto and Tenant's use ofthe Premises complied and conformed
to all Laws relating to the Treatment of any Waste in or affecting the Premises. .
Tenant agrees to deliver upon request from landlord estoppel certificates to
landlord expressly stipulating whether Tenant is engaged in or has engaged in
the Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any
Waste in or affecting the Premises, whether sudden or gradual, ,accidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
best ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. INSURANCE Prior to the delivery of possession of the Premises
to Tenant, Tenant shall provide Landlord evidence satisfactory to landlord (i) that
fire and casualty and workers' compensation policies in amount and in form and
content satisfactory to landlord have been issued by a company or companies
satisfactory to landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following
paragraph.
Tenant will, at all times commencing on the date of delivery of possession ofthe
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1 ,000,000.00) per occurrence, which insurance shall be written
or endorsed so as to protect Landlord, its officers, agents and employees as
additional insureds. The Tenant agrees that the above stated limits and
coverages are minimum limits and coverages, and that Tenant shall provide such
additional insurance as set forth above, in such amounts and against such risk as
may be required in the landlord's sole but reasonable judgment, to equal the
amounts and types of coverages carried by prudent owners and operators of
properties similar to the Building. Tenant shall increase such limits at its
discretion or upon reasonable request of landlord but not more often than once
every year and such increases shall not be in excess of generally accepted
standards in the industry. Tenant covenants that certificates of all of the
insurance policies required under this lease, and their renewal or replacement,
shall be delivered to landlord promptly without demand upon the commencement
ofthe term of this lease and upon each renewal ofthe insurance. Such policy or
policies shall also provide that it shall not be cancelled nor shall there by any
change in the scope or amount of coverage of the policy without thirty (30) days
prior written notice to Landlord. If same is not provided with ten (10) days after
demand, landlord is authorized to secure such policy from such companies as it
deems appropriate and collect from Tenant in such a manner as it deems
appropriate the cost of the premium.
30. SECURITY DEPOSIT
(a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of
the rent in the last month of the lease with the landlord before the
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commencement of this Lease. Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant of all ofthe terms, covenants and conditions of the Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of Landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other sum.
(b) USE AND RETURN OF DEPOSIT In the event of the failure ofTenant to
keep and perform any ofthe terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Tenant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
Land lord for the payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise, of Ten ant or its employees, servants,
contractors or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and
regulations. Tenant acknowledges and agrees that it will dispose of trash and
grease in the containers designated by the Landlord for such disposal and not
dispose of such substances in a manner that would violate applicable federal,
state and local laws, ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of
the Commonwealth of Virginia and that all claims, disputes, and other matters
shall only be decided by such court according to the laws ofthe Commonwealth
of Virginia.
34. FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
, reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault ofthe party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed
for performance for such act shall be extended by a period equivalent to the
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period of such delay. The provisions ofthis Section shall not operate to excuse
Tenant from the prompt payment of rent, Common Area Maintenance Fee or any
other payments required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows;
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
its business. Tenant agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b) Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c) Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a) During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of
Tenant that Tenant maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
(b) For the pu rposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to
a contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "0" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease,
39. GUARANTY By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this Lease. Such Guarantor(s) shall first be approved by Landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
C:\OOCUMEN1S AND SETTlNG5\EDCT1\MY DOCUMENTS\IDKYO EXPRESS\ZOl 0 MON1H ID MON1H LEASE.ODe
11
upon request,
40. LIABILITY OF LANDLORD As to this lease Agreement, landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, c1iems, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination of this
lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part ofthe Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and landlord shall not in any manner be held
responsible therefore. The employees of landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of landlord.
Intentionallv Omitted
C\DDCUMENTS AND semNGS\EDCTl\MY DOCUMENTS\lOKYO EXPRESS\2010 MONlH 10 MONlH LEASE,DOC
12
LANDLORD:
CITY OF ROANOKE
ATTEST:
Stephanie M, Moon, City Clerk
~: ~~U
Print Name: Darlene Burcham
Title: City Manaqer
TENANT:
TOKYO EXPRESS
By:
Print Name:
Title:
(SEAU
55#: ______________________________
Approved as to Form:
Witnessed By:
Assistant City Attorney
C:\DOCUMEN1S AND SElllNGS\EDcn\MY DOCUMEN15\mKYO EXPRESS\201 0 MON1H TO MONlH LEASE.DOC
13
EXHIBIT A
FLOOR PLAN
C:\DOCUMENTS AND SETI1NCS\EDCTl\MY DOCUMENT5\1OK'/O EXPRESS\2010 MONlH 10 MONlH LEASE,DOC
14
l)
Iv
./
I
n
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
C\OOCUMENTS AND SETllNGS\EDCT1\MY ODCUMENTS\roKVO EXPRESS\201 0 MONTH m MONTH LEASE,DDC
15
CAMPBELL AVENUE
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EXHIBIT C
MENU
Attach here if Food Court Tenant
C:\DDCUMENTS AND SETllNGS\EDcn\MYDDCUMENTS\TOKYO EXPRESS\201 0 MONlH TO MONlH LEASE. DOC
16
.Dragon Roll
Cali wi eel on lop 10.95
5.Shrlmp Tempura
Dup-fi;ed shrimp & vegetable.r
.Green Mussel
3pcs broiled muss.1
w/mayo sauce
7.Shumail
wI,hrimp. steamed or deep/ried
3.Yellow Tall hamacIJl 3.85
..'filt\. \l'l. izumidQ/ 3.25
5.Shlnnp .bi 3.25
a.Mackerel saba 3.25
7.Crab Kant \\;0.\\ 3.25
8.Scallop ho/Qtegai 3.99
9.0ctopus /QJ;() 3.25
i0.Eel w.agl 3.85
ii.Smoked Salmon 4.25
12.Smelt Flah Roamusoga 3.a5
i3.Flying Fish Roe IObiha 4.25
14.Salmon Roe /hum 4.25
15.Squid 1m 3.85
8.Tokyo Ball
5pes cream cheese w/3caIllon
BENTO W/SOUP
.BOXA
.BOXB
1. Tuna Roll
2.Salmon Roll 3.95
.Yellow Tail Roll 4.26
4.Avocado Roll 3.56
5.Cucumber Roll 3.55
a.Aaparagus Roll 3.55
.Californla Roll 4.36
a.Eel & Avocado Roll 4.76
9.Tuna & Avocado Roll 4.75
O.Alaskan Roll
SmcW"ahtWl'l 4.75
wlaVOCQdo, CJlCUmber
1i.80ston Maki
Salnwn, avocado, c",:umber. 4.75
ftshegg
2.Futo Maid (5pes)
Crab. egg. vege,Junlbo roll
..BOXD
TERIYAKI
i.Chicken 5.96
2.8eef 8.45
3.Shrlmp 8.90
4.Shrlmp & Chicken 8.90
5.8eef & Chicken 6.46
6.Seafood 7.60
7.Vegetable
6.95
7.95
1.35
1.65
8.95
2.35
8.96
2.99
.007 Roll
Slrrlmp wi callfornio rail
.Californla Cream Makl 4 95
BoUdcali wlmayo"3OUce .
7.95
6.Crab Salad t\,..~cM 2.99
7.Avocado Salad 2,99
i0.Express Roll
Deepfried cali wi SfHlCl'a1 MUCIt
ii.Roanoke Roll
Spicy IUlirl wi ClUnchy
5.60
5.50
COMBO MENU
i.Sushl Regular
6pcs cali. 4pcs mgiri
2.Sushl Deluxe
6pcr cali, 6JX3 nigiri
3.RolI Combo
C4Ii, CtlCUnlM1; /wJa
7.55
8.65
8.65
4.Splcy Roll Combo
'lbna, coH, salmon
.Tuna Combo 1095
Jpcs wshimi, 3pcs nigiri, 6pc3 roll .
6.Salmon Combo
3pC3 SQlhimi. 3pcs nigiri, ~ roll 9.95
7.Yellow Tall Combo
3pC3 $Olhimi, 3pC3 nigiri. 6pcs roll 11.95
a.Sushi Sashimi Combo
6pcs ,ashim. 4pcr nigiri, 6pcs cail 11.50
9.Vegetables Combo
Avocado, cucumber, a.spara 7.55
i0.Hand Roll Combo
Tuna, eel. cali
1i.Sashimi
J(}pcs assonedfre:ilflsil
.E~~~~~':!" offISh ond 10.30
1Jqetable on bed of setUOMd rice
10.50
7.99
10.30
..i.Sushl Platter
50.00170.00/100.00
2.Sashlml Platter
50.00/70.00/100.00
3.Sushi & Sashiml Platter
50.00/70.00/100.00
TIIAl'IK YOU
EXPRESS
3] Market Sq, 5.lllloanoke. VA ]4(111
1m 540-981-2200
<<'Consuming raw or undercooked meata,
poultry. seafood, shellfish or eggs may
IncreBse your risk of food borne Illness.
EXHIBIT D
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if requested by
landlord, in a Dumpster or similar container furnished and serviced at
Tenant's expense.
2. Tenant shall keep lights on in show windows, leased food court space
and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
5. No solicitation material shall be displayed inside the building or affixed
to the exterior ofthe building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. Tenant shall keep Premises' floors free oftrash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
8. Tenant is responsible for the replacement of light bulbs in its space
9. Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed
contractor on a basis predetermined by the landlord.
10. Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (Applies only to Food Court Vendors) Providing the availability of space
for the purpose of storage, landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment
(unused or in disrepair) is to be stored in the area under any
circumstances. Any prohibited items stored in this area will be removed
at Tenant's expense. Tenant's not maintaining their own storage space
per Health and Fire code requirements will be assessed a $100.00 fee
per occurrence. If a Tenant's space is in violation more than three times
in a given year, landlord will rescind Tenant's option to use available
space.
C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENTS\TOKYO EXPRESS\201 0 MONlH TO MONlH LEASE.DOC
17
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or
displayed on walls, windows, or any 'part of the outside or the inside of the
Building including the directories, in place, number, size, color and style,
unless approved by landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, canopy, decoration,
lettering, advertising matter or other thing as may be approved in good
condition and repair at all times. Landlord shall have the right to prohibit any
advertisement of Tenant which in its opinion tends to impair the reputation of
.the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain' from and
discontinue any such advertisement.
C:\DOCUMENTS AND SETllNGS\EDCT1\MYDOCUMENTS\TOKYO EXPRESS\Z010 MONlH TO MONlH LEASE.DOC
18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
C:\DOCUMENTS AND SETllNGS\EOCT1\MY DOCUMENTS\TOKYO EXPRESS\201 0 MONlH TO MONlH LEASE.DOC
19
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11896868
NPH-Tokyo Express
State of Virginia
City of Roanoke
I, (the unders igned) an authori zed representa ti ve
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
___~~day of JAN 2010. Witness my hand and
official seal.
__ Notary Public
PUBLISHED ON:
01/08
\",III111t,
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"'"v'NwEAL1\\ ,..,,,,,
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TOTAL COST:
FILED ON:
196.56
01/08/10
Authorized~" ~ ~
Signa t ure , --(.tI/IJiJ..r-J--L!/':'
-",---- -'-.- ._----- -
NOTICE OF PUBLIC
HEARING
The City of RDanD'ke
pr o.p 0 s est 0 I e a s e
approximately 210 square.
feet of City-owned property
located in the Roanoke City .
Market Building at 32
Market Square. Roanoke
Virginia 24011, to Eddie
SOD. Park d/b/a TDkYD
Express, tD be used as a
. restaurant establishment
I on a month to month basis'
beginning February 1
2010, such terms not t~
exceed one year.
Pursuant to the
requirements of
~~15.2-1800 and
15.2-1813, Code of Virginia
(1950) as amended,notice
is hereby given that the City
CDuncil of the City of,
Roanoke will hold..a pUblic
hearing on the above
I matter at its regular
I meeting to be held Dn
Tuesday. January 19, 2010,
commencing at 7:00 p.m..
In the Council Chambers .
4th Floor, NDel C. Taylo; I
Municipal Building. 215
Church Avenue. S.W..
Roanoke, Virginia, 24011.
I~urther information is
l\v~i1able frD;;' the Office of
,he City Clerk for the City Df
,~oanoke at (540)
353-2541.
: Citizens shall have the
.oPportunity to be heard and I.
.express their opinions on II i
said matter.
i !f you are a person with a !
:dlsability who needs!
,accommodations fDr this
,h~arlng, please contact the
IClty Clerk's Qffice at (540) .
853-2541, before 12'0'0 I
noon Dn Thuis'day":Janu"a'ry' :
14,2010. :"('lI,' ',.':'; I
GIVEN under njy'. hancl ihi~' !
4th day of Janua.i}':'2010. . . ("
StephanieM. Moon i ':'
~CII~ Clerk !i
II
,
(11896868)
-~~,_'
Billing Services Representative
OQc
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 210 square feet of City-
owned property located in the Roanoke City Market Building at 32 Market Square,
Roanoke, Virginia 24011, to Eddie Soo Park d/b/a Tokyo Express, to be used as a
restaurant establishment, on a month to month basis beginning February 1, 2010, such
terms not to exceed one year.
Pursuant to the requirements ofSS15.2-1800 and 15.2-1813, 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
Tuesday, January 19, 2010, commencing at 7:00 p.m., in the Council Chambers, 4th
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. Further information is available from the 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,
January 14, 2010.
GIVEN under my hand this ~ day of January
,2010.
STEPHANIE M. MOON
CLERK
Notice to Publisher:
Publish in the Roanoke Times on Friday, January 8,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715