HomeMy WebLinkAboutCouncil Actions 02-22-11
PRICE
39056-022211
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 22, 2011
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. Council Member Lea was absent.
The Invocation was delivered by The Reverend Dwight O. Steele, Sr.,
Pastor, Pilgrim Baptist Church.
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 NOT BE TELEVISED LIVE; HOWEVER, IT
WILL BE TAPED AND REPLAYED ON CHANNEL 3 ON FRIDAY, FEBRUARY 25
AT 7:00P.M., AND SUNDAY, FEBRUARY 27 AT 4:00 P.M. (CLOSED
CAPTIONING WILL BE AVAILABLE DURING PLAYBACK DATES.)
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
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 GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
2
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
TOWING ADVISORY BOARD - TWO VACANCIES
PARKS AND RECREATION ADVISORY BOARD - FIVE VACANCIES
THE CITY CLERK'S OFFICE IS CURRENTLY ACCEPTING APPLICATIONS FOR
TWO UPCOMING VACANCIES ON THE ROANOKE CITY SCHOOL BOARD FOR
THREE-YEAR TERMS OF OFFICE, COMMENCING JULY 1,2011 AND ENDING
JUNE 30, 2014. INFORMATION PERTAINING TO THE SCHOOL BOARD
PROCESS AND APPLICATION FOR APPOINTMENT ARE AVAILABLE ON THE
CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. DEADLINE FOR
RECEIPT OF APPLICATIONS IS THURSDAY, MARCH 10, 2011. FOR
QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY
CLERK'S OFFICE AT 853-2541.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Pearl Fu in celebration of ethnic and culture diversity of the Roanoke
area. The Mayor recognized Ms. Fu and presented a City gift basket.
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.
The following individuals appeared before the Council:
Burchill Sweeney, Johnnie Lindahl, and Tripp Godsey appeared before
Council to express concern regarding an APCo project in the Jefferson Hill
neighborhood.
Robert Gravely appeared before the Council and quoted biblical scriptures.
4.
CONSENT AGENDA
(APPROVED 6-0)
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. The Mayor
called attention to one request for Closed Meeting.
3
C-1 A communication from Council Member Anita J. Price, Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss the mid-year performance of Council-Appointed Officers, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, March 7, 2011, at 2:00 p.m., or as soon thereafter as the
matter may be heard, to consider the sale of City-owned property located in
Botetourt County, adjacent to the Coyner Springs Community Cemetery, to Ned B.
Jeter, II, and Darrell B. Jeter.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, March 7, 2011, at 2:00 p.m., or as soon thereafter as the
matter may be heard, to consider the lease renewal for approximately 7.41 acres of
land located in Botetourt County to Mr. Ned B. Jeter, Ned B. Jeter, II, and Darrell B.
Jeter.
RECOMMENDED ACTION: Concurred in the request.
C-4 Reports of qualification of Terry W. Cundiff as a member of the Board of
Zoning Appeals for a term commencing January 1,2011 and ending December 31,
2014; and Darryl Miley as a member of the Towing Advisory Board to fill the
unexpired term of Thomas Mealey ending October 31,2012.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of Susan Jennings, Public Art Coordinator, to brief the Council on
public art in the City Market Building. (Sponsored by the City Manager)
Adopted Resolution No. 39056-022211 (6-0).
4
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 an Impaired
Driving Grant from the Virginia Department of Motor Vehicles (DMV).
Adopted Resolution No. 39057-022211 and Budget Ordinance No.
39058-022211 (6-0).
2. Acceptance and appropriation offunds in connection with the renewal
of the Homeless Assistance Team Grant from the Department of
Housing and Urban Development.
Adopted Resolution No. 39059-022211 and Budget Ordinance No.
39060-022211 (6-0).
3. Acceptance of art work from the Taubman Museum of Art.
Adopted Resolution 39061-022211 (6-0).
4. Execution of a Memorandum of Agreement among the City of
Roanoke and the Art Museum of Western Virginia d/b/a Taubman
Museum of Art for educational services to the Roanoke City Public
Schools; and transfer of funds in connection therewith.
Adopted Ordinance No. 39062-022211 and Budget Ordinance No.
39063-022211. (6-0).
5. Approval and execution of a Performance Agreement among United
HealthCare Services, Inc. (UHS), the Economic Development
Authority of the City of Roanoke and the City of Roanoke to maintain
and expand operations in the City; and appropriation of funds in
connection therewith.
Adopted Ordinance No. 39064-022211 and Budget Ordinance No.
39065-022211(6-0).
COMMENTS BY CITY MANAGER.
The City Manager gave brief comments.
5
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
for the 2010-11 Project Graduation Academic Year Academy grant; and a
report of the Director of Finance recommending that Council concur in the
request. Kathryn K. Fox, Lead Accountant, Spokesperson.
Adopted Budget Ordinance No. 39066-022211 (6-0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Comments made by the Mayor.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
AT 4:05 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FORACLOSED
MEETING IN THE COUNCIL'S CONFERENCE ROOM.
6
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 22, 2011
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Council Member Bestpitch was absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Boy Scout Troop 210 South Roanoke United Methodist Church and Boy Scout
Troop 8 Raleigh Court United Methodist Church, respectively.
Welcome. Mayor Bowers.
NOTICE:
TONIGHT'S COUNCIL MEETING WILL NOT BE TELEVISED LIVE; HOWEVER,
IT WILL BE TAPED AND REPLAYED ON CHANNEL 3 ON FRIDAY,
FEBRUARY 25 AT 7:00 P.M., AND SUNDAY, FEBRUARY 27 AT 4:00 P.M.
(CLOSED CAPTIONING WILL BE AVAILABLE DURING PLAYBACK DATES.)
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the Roanoke Citizens Police Academy.
The Mayor recognized the participants of the Citizens Police Academy earlier
in his office.
7
Recognition of Members of Boy Scout Troops 210 and 8 and presented each with
City lapel pins.
Recognition of Members of Boy Scout Troop 17 sponsored by St. John's Episcopal
Church for achieving the Scout's highest advancement honor.
The Mayor recognized the three of five Eagle Scouts from St. John Epscopal
Church and presented certificates and City lapel pins.
Recognition of the Virginia Gator Boxing Club on winning the State Championship
in Hampton, Virginia.
The Mayor recognized the five boxers and presented certificates and City
lapel pins.
Recognition of Christopher Brown, Senior, William Fleming High School on
receiving a perfect SAT Score in Reading.
The Mayor recognized Mr. Brown and his grandmother and presented him with
a certificate, lapel pin and City gift.
B. PUBLIC HEARINGS:
1. Request of Charles and Noralu Michael and Fairway Roanoke, LLC, to
rezone the following parcels to CG, Commercial General District, subject to
certain proffered conditions: (1) a 0.315 acre parcel located at the
intersection of Rutgers Avenue and Hershberger Road, N. W., and 1315
Hershberger Road, N. W., currently zoned MX, Mixed Density District; (2) a
0.71 acre portion of property located adjacent to Rutgers Avenue and
Hershberger Road, N. W., currently zoned CLS, Commercial Large Site
District; (3) a 0.675 acre southern portion of property fronting 1419
Hershberger Road, N. W., currently zoned CLS, Commercial Large Site
District; and (4) a 1.432 acre northern portion of property located at 5002
Airport Road, N. W., currently zoned CLS, Commercial Large Site District.
Sean Horne, Agent, Spokesperson.
Adopted Ordinance No. 39067-022211 (6-0).
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 7:37 P.M., the Council Meeting was declared in recess for continuation of Closed
Meeting in the Council's Conference Room.
At 8:21 p.m., the meeting reconvened in the Council Chamber.
CERTIFICATION OF CLOSED MEETING. (5-0) Vice-Mayor Trinkle left following the
Closed Meeting; and Council Member Bestpitch was absent)
D. ADJOURN - 8:23 P.M.
8
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
February 22,2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
This is to advise you that I will not be present at the 2:00 p.m. session of Council on
Tuesday, February 22, 2011; however, I will be present at the 7:00 p.m. session.
Best wishes for a successful meeting.
Sincerely,
~ ;/tp-
Sherman P. Lea
Council Member
/ctw
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
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
February 22, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise you that I will not be present at the 7:00 p.m. session of Council on
Tuesday, February 22,2011; however, I will be present at the 2:00 p.m. session.
Best wishes for a successful meeting.
Sincerely,
/d4--~~.?d
William D. Bestpitch
Council Member
/ctw
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
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
February 22, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to request a Closed Meeting to discuss the mid-year performance of the Council
Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
Sincerely,
~~
Anita J. Price, Chair
City Council Personnel Committee
AJP:ctw
William
Hackworth /Employees/City _of
_Roanoke
02/23/2011 01 :42 PM
To "Johnnie Lindahl" <jolindahl@msn.com>
cc "David Bowers" <dabowers@verizon.net>, City Council
bcc
Subject Re: Jefferson Hills distribution line upgrade ~
Mr. and Mrs. Lindahl- The City zoning ordinance, Sec. 36.2-610, requires all new "utility service laterals"
for new developments that require a basic or comprehensive development plan be underground, with the
exceptions noted in that section (set out below), but this would have no application to existing "distribution
lines" of the type that APCo plans to upgrade in the Jefferson Hills neighborhood. At any event, zoning
ordinances and amendments to them may not have retroactive application. Sec. 36.2-610 only applies to
new developments, such as new subdivisions, requiring a development plan, and it does not apply to
distribution lines, but rather to utility service lateral lines serving a customer (these are the lines that
usually run from the distribution line at the street to a building).
I am not aware of any authority that the City has to regulate public utilities any further than it does (the
State Corporation Commission regulates them), such as requiring electrical distribution lines to be
underground. Virginia, of course, is a Dillon Rule state, and localities have powers limited to those that
the Commonwealth authorizes them to have. I have found nothing in the Code of Virginia that authorizes
localities to require that electric distribution lines be underground.
In my experience in working on projects that involve the voluntary placing of utility lines underground, the
cost is usually exorbitant ($! million per mile is a common cost quote), so it isn't very practical in most
instances. At any event, putting electrical utilities underground may actually result in fewer trees within the
area the utility easement within which they are placed, since utility companies usually require in the
easements that there be no obstructions, such as trees, above buried lines. At least with above ground
lines, small trees (such as redbud and dogwood) can be planted beneath them.
We have been in contact with APCo and have provided it with the handout of alternative plans that was
presented to Council yesterday, and we will be following up with a meeting with APCo representatives.
The Mayor asked that I copy City Council with my response, so I am doing so. Bill Hackworth
Sec. 36.2-610, Code of the City of Roanoke. Utilities.
In all zoning districts, all utility service laterals or service lines associated with a basic or comprehensive
development plan shall be located underground; however, utility service laterals or service lines may be
located above ground to the point of connection when routed directly to the rear of the structure by way of
an alley or utility easement where there are existing overhead distribution lines. All transformers required
to serve a development and located on the property associated with a basic or comprehensive
development plan may be located above ground but shall be surface mounted on pads on the ground.
Such surface mounted transformers shall be subject to the screening requirements of Section 36.2-649(b).
Zoning ordinance definitions:
Utility service lateral or service line: The linear line of a utility extending from a utility's "common network"
distribution line or transformer to the customer's property line or point of delivery in order to provide
service connection to the customer. For purposes of this definition, "point of delivery" shall mean the point
where facilities owned, leased, or under license by a customer connect to the utility's facilities.
"Johnnie Lindahl" <jolindahl@msn.com>
"Johnnie Lindahl"
<jolindahl @msn.com>
02/23/2011 10: 15 AM
To <william.hackworth@roanokeva.gov>
cc "David Bowers" <dabowers@verizon.net>
Subject Jefferson Hills plight with APCO
City Attorney Hackworth, Thank you for your interest in our plight. We understand that the
city passed an ordnance requiring all power upgrades in the downtown area be placed
underground. We understand all hookups to new residential construction must also be
placed underground.
Can/Will the City Council consider passing such an ordnance requiring all power upgrades in
city neighborhoods be placed underground?
Again, thank you for your attention,
Johnnie and Bill Lindahl
STEPHANIE M. MOON, MMC
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
,
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. CRAFf
Deputy City Clerk
February 23,2011
CECELIA T. WEBB
Assistant Deputy City Clerk
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Messrs Morrill and Hackworth:
I am attaching copy of comments regarding the Appalachian Power Company and
Jefferson Hills Neighborhood matter, which was shared with the Council at its regular
meeting held on Tuesday, February 22,2011.
The matter was referred to you for review and response to the Council.
Attachment
Sincerely,
~(h,~
Stephanie M. Moon, MMC
City Clerk
Mayor Bowers and members of City Council.....My name is Burchill
Sweeney...My wife and I are 33 year residents of Roanoke City....The last 25
spent in Jeff Hills
I come before you today to make you aware of APCO's intention to run a 3
phase line thru the middle of our Jefferson Hills neighborhood that requires
the removal of a substantial number of old growth trees
The local office of APCO has not been very forthcoming with Jefferson Hills
about the scope of the project and has exhibited poor communications
After concerned neighbors contacted the office of Sen John Edwards and Congo
Bob Goodaltte did APCO arrange a hastily called meeting last Thursday,
Feb 17 to discuss our issues at VWCC
Approximately 100 of our neighbors showed up for the meeting to voice their
concerns to APCO about this project and it's impact on Jefferson Hills
Prominent REALTORS have indicated that Jeff Hills will suffer diminished Real
Estate values as a result of this project.... Has the city evaluated the
potential loss of Real Estate tax revenue if this project goes forward
I'd like to pass out a letter sent to our neighborhood by APCD prior to this
meeting that caused some confusion and fear among our senior citizens in
JH...by the disclaimer clause on the bottom of the letter
APCO has begrudgingly told us that there are other options that do not require
running a 3 phase line down the middle of our neighborhood......We
understand the importance of this upgrade to the Roanoke Valley, it's
businesses and residents...... However your support in finding an alternative
solution is needed
Ladies & Gentlemen of City Council...we need your help to SAVE OUR
NEIGHBORHOOD
Appalachian Power Company
PO Box 2021
Roanoke, VA 24022-2121
February 11,2011
~ APPALACHIAN
... ~R(!
A unit of Am9n'can El8ctrlc Pow8r
Dear Jefferson Hills Subdivision Resident,
Appalachian Power is upgrading its facilities to improve electrical system in parts of Roanoke. The
upgrades are part of a larger project to install a new electric substation off of Ogden Road near
Tang1ewood Mall.
Although the majority of the work is taking place in other areas, as part of this major improvement
project, the electric distribution lines in some neighborhoods must be upgraded. TIris is the case in
part of your neighborhood.
Some existing wood poles will be replaced with new wood poles that are about five-feet taller and
will have a short, wooden horizontal support at the top. Most of this work will be done along parts
of Park Lane, Heritage Road and Dogwood Avenue. There will be three electrical wires in the new
configuration, as opposed to a single wire atop a pole as exists now.
To incorporate the new facilities some rights of way need to be maintained and some trees need to
be removed. Company contractors are working directly with customers who will have trees
removed. Although we must remove some trees to protect your electric supply, we do plan to plant
approximately 50 trees in your neighborhood as part of this project. Appalachian expects to begin
preparing the new right of way for the new line in the next few weeks.
To learn more about tree planting and rights of way, VISIt our website at
https:llwww.aopalachianpower.comlinfo/treeTrimming. If you have further questions about this
project, you can contact me.
Our top priority is ensuring that you have a reliable supply of electricity.
Sincerely,
-f:~ +1, ~
Jim Hines
Line Superintendent
Appalachian Power
540-985-3769
This document (inClUding any attachments) contains confidential information intended for a specific
individual and purpose, and is protected by law. If you are not the intended recipient, . you should
destroy this document and are hereby notified that any disclosure, copying, or distribution of this
document, or the taking of any action based on it, is strictly prohibited.
AEP: Amerita~ Energy Partner <lil
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Alternate Plan:
I Based on the information I ascertained at the meeting, I have attached an alternate plan
which I think may satisfy all parties involved. This is only suggested. There may be other and
better alternatives. Everyone should feel free to make suggestions. It is a starting point
2 Alternate route does not make any changes within the neighborhood except requiring
AEP to perform their obligated clearing of brush. It will eliminate the need for new polesin our
neighborhood. It should be cost effective overall when COX and Verizon are included and even
lower AEP costs. AEP would use a lower number of ne1\' poles, COX and Verizon would not
have to expend any costs to relocate their lines.
3 Each property owner should decide with AEP how & what to clear from their land
regarding brush trimming.
4 Route uses the area originally considered by AEP for their Sub Station in our area. They
must have had all the details worked out and approved when they originally proposed that site.
5 Colonial Ave has the cross-bar type poles already in place which could be used, a further
savings for AEP. The overall routing seems to fully address AEP's need to get power through to
the college for their line balancing.
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Good afternoon Mayor Bowers and City Council Members.t~ ~ ~
Thank you for the opportunity to address you. ' .
My name is Johnnie Lindahl. Six years ago, My husband Bill and
I moved with our three children from Northern Virginia to
Roanoke City . We had both taken early retirements, so
employment was not a factor in our choice of new home.
We did a lot of research before we decided to live in the City of
_ Roanoke and specifically in the Jefferson Hills neighborhood.
Roanoke offers everything we could want, Jefferson Hills offers us
the pleasure of living in a park like setting and the convenience of
living in the City.
Jefferson Hills is hidden behind the VWCC. We have one
entrance and exit. We have the Arboretum. at the entrance. Living
in the woods offers us opportunity to enjoy a variety of wildlife.
Appalachian Power wants to take this away from us. They plan to
bulldoze right through the middle of our neighborhood, taking
down over 100 trees, most of which are mature, and installing new,
5 foot higher power poles. The new poles will have a cross bar at
the top to carry the additional power lines - 3 instead of the current
1.
We don't have to imagine what this will look like. AEP did it on
Spring Rd near Raleigh Court and on Poplar Drive off of Colonial
Avenue. It looks awful.
Weare very worried. about our property values. We are angry that
the beauty of our neighborhood will be ruined. We are also
. worried about the risk of increased flooding, with the loss of so
many trees.
A single mature tree absorbs 70,000 gallons of storm runoff each
year. AEP's plan to cut down our trees will add millions of gallons
of additional storm runoff coursing through our neighborhood into
the city sewers each year. .
We are scared and we are angry. Over 70 neighborhood families
signed a petition to AEP asking that they install their upgrades
outside of our neighborhood because we believe they will reduce
our property values and the quality of our lives. We have provided
you a copy of the letter we sent to Appalachian Power.
AEP has been arrogant and condescending. But as one of our
senior neighbors told them "we're not a bunch of dumbies!" .
~ .~~ . ~u..J.-J
W'task that you help us stop AEP( thank you. OJ {)A.Uc. . ·
.",
Bill and Johnnie Lindahl
3624 Heritage Road, S.W.
Roanoke, Virginia 24015
February 18,2011
Michael G. Morris
Chairman and CEO
APCO
1 Riverside Plaza
Columbus, Ohio 43215-2373
~.
Dear Mr. Morris:
We live in the Jefferson Hills and Forest neighborhood of the City of Roanoke, Virginia.
Please find attached a petition to Appalachian Power signed by some 60 families in our
neighborhood.
Just a few days ago most of us found out that AEP is planning to install taller and very
unattractive power poles in our neighborhood. We understand that this is to facilitate
electricity flow from a new substation to residential and commercial customers in
Roanoke. You have selected our neighborhood as the most direct and more facile route
for these transmissions. In order to install the taller poles, AEP proposes to remove some
100 trees from our neighborhood.
We met with local AEP representatives, who remained firm in their decision that the
selected route is their only viable option. Enclosed is an article that was in today's edition
of the Roanoke Times describing last night's meeting. We are not happy, and we remain
resolute in our objections to AEP's current plan. We have three major concerns: the
degradation of the aesthetic of our lovely, park like setting, the negative impact on our
property values, and the increased risk of flooding due to the removal of so many mature
trees. Our sewer system is beyond capacity as it is now.
We were told by local AEP officials that they had considered two options outside of our
neighborhood, along the railroad tracks or along a nearby highway (Colonial Avenue).
We strongly urge you to consider our petition and ask that AEP, if you must proceed in
this manner, install the new power poles outside of our lovely neighborhood.
Sincerely,
Bill and Johnnie Lindahl
Enclosures: Neighborhood Petition to AEP
Copy of Roanoke Times article
cc. Nick Akins, President APCO
Charles Patton, President and CEO
Mark Dempsey, VP External Affairs, APCO
Phil Wright, VP for Distribution and Operation
U.S. Congressman Bob Goodlatte
Virginia State Senator John Edwards
Roanoke City Mayor David Bowers
I
Roanoke residents try to slow power line expansion- Roanoke.com
Page 1 01'1
The National \\feather Service 'has issued a severe weatheralert...clickfor details.
Friday, February 18,2011
Roanoke residents try to slow power line expansion
A Roanoke couple on a walk noticed trees tagged for removal and alerted their neighbors.
By Brian Kellev
9lH -3116
Bill ahd Johnnie Lindahl were walking their Labrador retrievers, Lucy and Elsie, and his father's dog,
Toot, last week when they noticed trees tagged to be felled in their Jefferson Hills neighborhood in
Roanoke.
They learned from neighbor David Weisman it is part of an Appalachian Power Co. project to clear 100
trees from power line easements and reinforce electrical service by replacing wooden power poles with
ones 5 feet higher, bearing a crossbar and carrying three power lines instead of one.
So Bill Lindahl and others went to work to let their neighbors know about the project and about a
meeting the utility had agreed to hold with the community Thursday at nearby Virginia Western
Community College.
The latter-day Paul Reveres of Jefferson Hills distributed a three-page flier titled, "Save the
Neighborhood, Save the Trees!"
More than 75 people crammed into a small room behind the college's arboretum to raise questions, to
express their concerns about a lack of communication about the project and to demand another meeting
in a bigger venue.
Appalachian officials spent more than five hours in the room, but had the biggest crowd after 7, for what
amounted to a 90-minute grilling of communications manager Todd Bums.
The Jefferson Hills work is part of an upgrade in Southwest Roanoke and Roanoke County of the way
electlicity flows from high voltage lines to substations that convert it to a lower voltage and distribute it
to customers. It's the first major upgrade in the neighborhood in 40 years, Bums said. The intent is to
increase the number of circuits, so if one fails, power can be restored more quickly. The need is critical,
Burns said.
Rcsidcnts are worricd about the number of trees to be cut, the size of the replacement poles and the
effect on their property values.
Burns said he would take the concerns back to company leadership. "1 can't make any promises on what
the next step would be," he said.
"1 think you have a fight on your hands," answered resident Elizabeth Weisman.
THE Ho.lNOKE Tnn:s
roa.noke.com
Copyrighl 'lj 20 i I
http://www.roanoke.comlnews/roanoke/wb/277432 2/18/2011
Chris
Morrill/Employees/City _oCRo
anoke
03/04/2011 09:52 AM
To City Council
cc "Ann Shawver" <ann.shawver@roanokeva.gov>, William
Hackworth/Employees/City-oCRoanoke@City_oCRoanoke,
Stephanie
bcc
Subject Fw: Meeting with APCO on Jefferson Hills project
Mayor & Council,
I shared with the Jefferson Hills neighborhood, the information we received from the APCO residents.
Their response is available below.
Chris Morrill
City Manager
----- Forwarded by Chris Morrill/Employees/City-oCRoanoke on 03/04/2011 08:46 AM -----
"Johnnie Lindahl"
<jolindahl @msn.com>
03/04/2011 08:06 AM
To <Chris.Morrill@RoanokeVa.gov>
cc "David Bowers" <dabowers@verizon.net>
Subject Re: Meeting with APCO on Jefferson Hills project
Mr. Morrill: Thankyou for your efforts on behalf of Jefferson Hills.
I am sharing with our neighbors your report of your meeting with APCO. Obviously, we are
disappointed. It is apparent that APCO never seriously considered our concerns and
objections to their plans for our neighborhood. The sole meeting they held with us was a
public relations sham. They didn't want to hear from us. They refused to provide specifics
about their plan. They speak in generalities, refusing to share site plans, other options were
"too expensive" "too difficult." How do we respond to that?
We are very frustrated that APCO is able to throw around cost figures with absolutely
nothing backing them up. Will they share their cost benefit studies with us?
Two weeks ago we mailed our petition (now signed by over 80 neighborhood families) to
five APCO executives, in Ohio, West Va. and Roanoke. We never received a response.
Our neighbors were threatened into signing APCO's tree replacement agreements. APCO
misused the threat of "eminent domain" telling us we had no choice but to agree to removal
of the trees as part of this "upgrade." Only by signing the agreements would we receive (1
inch diameter) replacement trees. There was no choice.
APCO told you they didn't use all of Winding Way because there would be "more harm to
tree canopy." Since when have they made decisions out of concern for damage to trees?
Certainly they didn't consider our trees or tree canopy on Park Lane, Heritage and Dogwood?
One thing APCO made absolutely sure of in choosing their route through our neighborhood
(the route with the most turns at street corners); they will go through the front yards of
every single black family in the entire neighborhood, 4 on Park Lane, 1 on Heritage and 1 on
Dogwood. That is very troubling.
We are not satisfied with APCO's response to our complaints.
Johnnie Lindahl
----- Original Message -----
From: Chris.Morrill(ii)RoanokeVa.gov
To: jolindahl(ii)msn.com
Sent: Thursday, March 03, 2011 4:30 PM
Subject: Fw: Meeting with APCO on Jefferson Hills project
Ms. Lindahl,
The Mayor and Council asked me to share with you (and your neighbors) the
information I provided to them on our meeting with APCO representatives.
The communication is available below. We have not heard back from APCO
since our meeting.
Mayor and Members of Council,
We (City Manager, Administrative Staff including Dan Henry our Urban
Forester, City Attorney) met with representatives from Appalachian Power
Company (APCO) Monday to discuss the Jefferson Hills project. The project
includes upgrading and adding new electrical circuits to enhance the
reliability of electrical service in the area. According to APCO, the
electrical circuits that serve this area are at capacity, and in some
cases, over capacity. They indicated that it had been 40 years since it
last upgraded this area. The project begins at Ogden Road and follows
Winding Way Road to Park Lane to Heritage Road to Dogwood Lane to Colonial
Avenue. This project is a portion of a much larger project upgrade service.
APCO confirmed that five other alternatives were considered before settling
on the current route. The alternatives were: (1) making the improvements
along the railroad tracks (access problem and more harm to the tree canopy
due to extensive right of way clearing); (2) using Ogden Road to Colonial
Avenue (would not result in same level of improvement to the electrical
circuit and not significantly enhance reliability); (3) using all of
Winding Way (more harm to tree canopy); (4) running lines underground
(often requires more tree clearing, increases costs from $300,000 to $4
million, and requires property owners to incur cost associated with
receiving underground service); and (5) using Jefferson Hill Golf Club
Property (property owner previously indicated a willingness to allow above
ground line along Ogden but asked APCO to agree to bury the line at anytime
in the future upon request and underground lines are very challenging in
this area because it is in a flood plain).
In response to neighborhood concerns, APCO indicated that 5 of the 34
replacement poles will be armless without the horizontal brace. According
to APCO, it is not possible to use the armless configuration throughout the
project area because it does not facilitate running lines around street
corners. APCO reported that the project required securing approximately 10
new easements. Beginning last summer, APCO executed tree replacement
agreements with each of approximately 40 property owners who will be
impacted by having trees removed. The tree replacement agreements describe
the trees to be removed, and the type of trees that will be used as a
replacement. Half of the trees being removed are at the request of the
property owners, who are taking advantage of the opportunity to have
unwanted trees removed.
APCO has also done visual modeling which shows the street view" before"
and "after" the project. [The APCO representatives said that a completed
project similar to the one planned for Jefferson Hills can be viewed along
Mudlick Road.] Their current plans for additional communication with
neighborhood residents includes a flyer with visual modeling photographs
and other project information along with a recorded call to property
owners. Based on the information that was shared with us, we are of the
opinion that another meeting with residents to update them on the
additional information APCO provided would be beneficial and address some
of the most important concerns of the neighborhood. Therefore, We strongly
encouraged the APCO representatives to hold an additional public meeting.
APCO expressed some concerns about doing this, however, as it felt its
representatives were not permitted to make their case and provide
information at its earlier meeting with neighborhood residents. We asked
them to keep us apprised as they make the next steps in the process so that
we can respond to citizen concerns.
Please be assured that we will continue to encourage APCO to work with the
Jefferson Hills neighborhood -- as they should with any city neighborhood
impacted by one of their projects. However, since APCO has the necessary
right of way and signed easements from affected property owners, the City
does not have legal authority to direct changes in the project. APCO
indicated that it would begin work on this project in the next week or two.
If you have additional questions or concerns, please don't hesitate to
contact me.
Chris Morrill
City Manager
Chris
Morrill/Employees/City _oCRo
anoke
02/18/2011 03:26 PM
To City Council
cc William
Hackworth/Employees/City-oCRoanoke@City_oCRoanoke,
"Ann Shawver" <ann.shawver@roanokeva.gov>, Stephanie
bcc
Subject Jefferson Hills APCO Power Lines
Mayor and Members of Council,
As a follow-up to my e-mail earlier this week (2/15/11) on the APCO work in the Jefferson Hills
neighborhood and the Open House Meeting that APCO held last night, here is some additional information
in case you are contacted by a resident. Bob Bengtson, our Public Works Director, attended the Open
House and was in attendance during the period of the Open House when most of the residents from the
neighborhood were there.
APCO had several displays, a slide show, and handouts on the project. APCO attempted to summarize
the purpose and benefits of the project, as well as address incorrect information that had been shared
among the residents. The questions/concerns identified at the Open House focused on alternative
routes, underground lines (which APCO responded were not practical due to cost and impacts), property
value impact, communication with residents, project schedule, loss/replacement of trees (100 trees to be
removed, with at least 60 replaced and possibly 100), and health impact of voltage lines (not high voltage
lines).
According to APCO this project entails upgrading the electrical distribution lines in the neighborhood to
improve reliability of the regional system. We first became aware of neighborhood concerns with this
project earlier this week. As the public utility, APCO has the right to use the public right-of-way and has
secured easements from property owners where required. It should be noted that back in April 2008, the
City provided comments on the Substation and Transmission Line project in this area of the City as
provided for by the State Corporation Commission. It is our understanding that a similar comment period
is not required for a distribution line project, which is the focus of this project. We will continue to monitor
this project and help the neighborhood where we can.
Please let me know if you have any questions or suggestions on this issue.
Chris Morrill
City Manager
Chris
Morrill/Employees/City _oCR
oanoke
02/15/2011 03:51 PM
To City Council
cc "Ann Shawver" <ann.shawver@roanokeva.gov>, William
Hackworth/Employees/City-oCRoanoke@City-oCRoanoke,
Stephanie
bcc
Subject APCO work in Jefferson Hills
Mayor and Council,
You may have been contacted from residents about APCO work in the Jefferson Hills neighborhood. We
researched this issue and requested APCO to host an information session with the neighborhood. Here is
the information if you receive additional concerns from the neighborhood.
APCO is in the process of reconfiguring an existing electrical power circuit in the Jefferson Hills
neighborhood. This involves the replacement of existing wood poles with new wood poles that are five
feet taller than the existing poles. The existing poles will be removed once all existing wires are
transferred onto the new poles. The new poles will have a brace across the top that will support three
wires instead of the single wire in use today. This work, which is related to the new Sunscape substation
work in Roanoke County, begins at Ogden Road and follows Winding Way Road to Park Lane to Heritage
Road to Dogwood Lane to Colonial Avenue. As a result, area residents will benefit from the added
reliability that these improvements provide to the power system. It will be necessary for APCO to trim and
remove trees along the path of this line where tree trimming has not occurred for a number of years. Over
the past several months, APCO has secured easements from affected property owners for the entire route
that enables them to do this work within those easements and public right-of-way. APCO has provided
affected residents with direct communication regarding their plans. As a result of concerns recently
expressed by some residents, APCO has scheduled an open-house meeting for anyone that is interested
in obtaining more information about the project. The meeting will be held on Thursday, February 17 from
3:00 to 8:00 p.m. at the Virginia Western Community College's Natural Science Center (brick building next
to the Arboretum).
Please let me know if you have any questions or concerns.
Chris Morrill
City Manager
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Request Public Hearing to Renew Lease for Approximately 7.41 acres of
Land in Botetourt County to Mr. Ned jeter, Ned B. jeter, II and Darrell B.
Jeter
Background:
Since April of 1982, Mr. Ned Jeter has leased approximately 7.41 acres of City-
owned land, located northwest of the former City Nursing Home at Coyner Springs,
for agricultural use. The current lease at ten dollars ($10) per acre expires February
28, 2011. Mr. Jeter and his sons., Ned B. Jeter, II and Darrell B. Jeter have requested
a new one-year lease with four mutually agreed upon one-year renewal options at a
lease rate of twenty dollars ($20) per acre totaling $148.20 per year.
Recommended Action:
Authorize the schedu ling and advertising of the proposed lease of the property to
Ned B. Jeter, Ned B. Jeter, II and Darrell B. Jeter for a public hearing on March 7,
2011, at 2:00 p.m.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
Joshua L. Mabrey, Tax Compliance Supervisor
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Request a Pu blic Hearing for Sale of City-Owned Property Located in
Botetourt County Adjacent to the Coyner Springs Community Cemetery
to Ned B. Jeter, II and Darrell B. Jeter
Background:
Mr. Ned Jeter has leased approximately 20.4 +/- acres adjacent to the Coyner
Springs Community Cemetery in Botetourt County since March, 2007. Mr. Jeter has
fenced the area and the property has been used for grazing cattle and agricultural
purposes. Mr. Jeter has expressed a desire that his sons, Ned B. Jeter, II and Darrell
B. Jeter be allowed to purchase the property at four thousand dollars ($4000) per
acre, for a total of $81 ,600. This offer is consistent with adjacent Botetourt County
properties of similar condition, context, and use, and is therefore determined to be
valued appropriately.
Recommended Action:
Authorize the scheduling and advertising of the proposed sale of this property to
Ned B. Jeter, II and Darrell B. Jeter for a public hearing on March 7, 2011, at 2:00
p.m.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
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
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
February 23, 2011
Rebecca J. Cockram, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cokcram:
This is to advise you that Terry W. Cundiff has qualified as a member of the Board of
Zoning Appeals commencing January 1,2011 and ending December 31,2014.
Sincerely,
A~ 4n. frJDOW
Stephanie M. Moon, MMC
City Clerk
. r,.; - i,Mf;,Ci:4' .,
-.1" 1.\ [R" ,.j 1 I=c 1=. \~ 111'''... -' ,-
1_,1 I 'J_ ..1.. .--.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Terry W. Cundiff, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Board of
Zoning Appeals for a term commencing January 1, 2011, and ending
December 31, 2014, according to the best of my ability (So help me God).
,
-TV uJ~.~J~1I
Subscribed and sworn to before me this ~ay Ot'I-.txxIX1llfOll.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
,~
STEPHANIE M. MOON, MMC
City Clerk
Harold Wallick, Chair
Towing Advisory Board
Roanoke, Virginia
Dear Mr. Wallick:
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
February 23,2011
This is to advise you that Darryl Miley has qualified as a member of the Towing Advisory
Board, to fill the unexpired term of Thomas Mealey ending October 31,2012.
Sincerely,
~m'fYJbd'vJ
Stephanie M. Moon, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Darryl Miley, do solemnly affirm that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Towing Advisory Board to fill the unexpired term of Thomas
Mealey ending October 31,2012, according to the best of my ability (So help me God).
~ftJ
,
Subscribed and sworn to before me this .l.b... day of ....fpJ,..,. 2011.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
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, CLERK
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 20ll.
No. 39056-022211.
A RESOLUTION approving the design and placement of four porcelain tile mosaics,
with one such mosaic to be installed in the walkway adjacent to each of the four building
entranceways of the renovated City Market Building.
WHEREAS, thirty-four artists responded to the City's Request for Qualifications to
design, fabricate, and install public art associated with the renovation of the City Market
Building;
WHEREAS, three finalists were interviewed by the Citizen's Selection Panel; and
WHEREAS, the City's Arts Commission has recommended that the work of art proposed
by Cheryl Foster be selected as the work to be installed as set forth above at the renovated City
Market Building,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
approves the design of the work of art submitted by Cheryl Foster and approves the location at
the four entranceways of the renovated City Market Building, as presented to Council at its
meeting of February 22, 2011.
ATTEST:
~m.YY]o~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
February 22;2011
Briefing - Public Art in the City Market Building
I would like to sponsor a presentation by Susan Jennings, Public Art
Coordinator, to brief the Council on the public art in the City Market Building.
~fJ.~
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
.!,~.,
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6~a.
City of Roanoke
City Council Briefing
Market Building Public Art RFQ
February 22, 2011
. Background
Scope of Project Approved by City Council
· The goal of the Public Art Plan is to develop a wide range of projects
of various types at diverse locations throughout the c~ty.
· Th~e second round of AIR: Art in Roanoke was installed in 2010 and
will remain in place until March 2012. Several neighborhoods are
included in this exhibition.
· The Arts Commission recommended in its 2011 work plan which
. was approved by City Council concentrating on one signature
project as part of the renovation of the Market Building.
· Enhancement of the Building's Four Entranceways
Budget
· Total of $85,000 to include $2,000 honorarium to each finalist
· $65,000 from Market Renovation Budget and $20,000 from Percent
for Art Budget
· Final Artist Contract - Up to $75,000
Process
· City of Roanoke received 34 responses to Request for
Qualifications
· Citizen Panel narrowed these down to three finalists
Cheryl Foster -Temple Hills MD
Wayne Healy - Los Angeles
Pat Ward Williams - Tallahassee
· The finalists came for interviews on Feb. 7, 2011
· The Citizen Panel recommended Cheryl Foster
· The Roanoke Arts Commission unanimously approved
their recommendation
Selection Panel
· Charlie Anderson - Architect, City of Roanoke
· Phil Davis - Hotel Roanoke and Market Building
Foundation
· Nicole Hall - Architect and DRllnc. Board Member
· Doug Jackson - Arts Commission Member, VA Dept. of
Housing and Community
Development
· Talia Logan - Arts Commission Member, Artist and Olin
Hall Galleries
· Janet Schlosser - Owner, Metro Restaurant
· Ex Officio from City of Roanoke
· Susan Jennings, Arts and Culture Coordinator
· Sharon Lewis, Manager Purchasing Division
About the Artist
· Ms. Foster specialize,s in glass mosaics and has
completed public art projects in Maryland,
Florida, Washington, D.C., and North Carolina.
· The Market Building Project would be
constructed of porcelain tile mosaics
· She proposed four themed entrances depicting
typical activities originally taking place in the
market in the late 1800s
· Her ability and interest in interacting with the
community contributed to the decision
I am a public artist and I love who I am. Each project offers a different set of
challenges unique to its physical location, the dreams of the clients and the
chosen theme. The materials selected are shaped by these parameters. With
mosaics, brightly colored tile and sparkling glass invite touch and stimulate
interest.
. Other Works by Cheryl Foster
Market Building Proposal
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39057-022211.
A RESOLUTION accepting an Impaired Driving Grant to the City from the Blue Ridge
Transportation Safety Board, 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 from the Blue Ridge Transportation
Safety Board, an Impaired Driving Grant in the amount of$3,250. The subgrant, which requires
no match by the City, is more particularly described in the report of the City Manager to Council
dated February 22,2011.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
the subgrant agreement and all necessary documents required to accept this sub grant. All such
documents shall be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required by the Blue Ridge Transportation Safety Board, in connection with the City's
acceptance of this sub grant.
ATTEST:
~ rn.h]ouvJ
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39058-022211.
AN ORDINANCE to appropriate funding from the U.S. Department of
Transportation through the Commonwealth of Virginia Department of Motor Vehicles for
a regional Driving Under the Influence (DUI) safety grant, amending and reordaining
certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Revenues
DMV Regional DUI Grant FY11
35-640-3445-1003
35-640-3445-1120
$ 3,019
231
35-640-3445-3445
3,250
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
- .hl. Hlo-o-vv
City Clerk. . . /
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Regional Blue Ridge Transportation DUI Enforcement Grant
Background:
The Virginia Department of Motor Vehicles (DMV) distributes grant funds for regional efforts to
combat impaired driving. The Blue Ridge Transportation Safety Board (BRTSB) is a regional
group that works closely with the DMV on highway safety projects. The law enforcement agency
members of the BRTSB were recently awarded a grant from DMV to fund a regional effort in the
area of impaired driving. The Roanoke Police Department has been awarded grant funding in
the amount of $3,250 as a sub- grantee of the regional effort. The grant will provide support to
law enforcement agencies in their efforts to combat impaired driving. There is no match
requirement for this project.
There is a statistical correlation between levels of motor vehicle law enforcement, including
impaired driving enforcement, and traffic accidents. Increased patrols, funded by this grant, are
an effective strategy to decrease accidents, reduce the rate of impaired driving and prevent
injuries. For this project, the BRTSB has placed special emphasis on impaired drivers under the
age of 21 and for violations of other alcohol related driving offenses. Region-wide enforcement
activities in relation to the overall grant will occur during the next several months
Recommended Action:
Accept the Impaired Driving Grant funds and authorize the City Manager to execute any grant
agreements or related documents as needed; all such documents to be approved as to form by
the City Attorney.
Adopt the accompanying budget ordinance to appropriate funding totaling $3,250 per the
following and establish corresponding revenue estimates in accounts to be established by the
Director of Finance in the Grant Fund.
Aggressive Driver Grant
Overtime
FICA
$ 3 ,0 19
$ 231
CHRISTOPHER P. MORRILL
City Manage r
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Christopher C. Perkins, Chief of Police
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of February, 2011.
No. 39059-022211.
A RESOLUTION authorizing acceptance ofa grant by the U. S. Department of Housing and
Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. The supportive services grant from the U.S. Department of Housing and Urban
Development to the City of Roanoke Homeless Assistance Team in the amount of$137,669, with a
cash match of$36,927 from the City, for a total program budget of$174,596, for a one year period
beginning February 1, 2011, as more particularly set forth in the report of the City Manager to
Council dated February 22,2011, is hereby ACCEPTED.
2. The City Manager is hereby authorized to execute and file, on beha1fofthe City, the
grant agreement and all necessary documents required to acc.ept such grant. All documents shall be
upon 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:
~rn. m(JiJvV
City Clerk. .. /
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39060-022211.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Developmentforthe Homeless Assistance Team Grant, amending and
reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing
t, withi~he second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salary
Temporary Employee Wages
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Telephone-Cellular
Administrative Supplies
Expendable Equipment <$5000
Motor Fuel Billed Through Fleet
Program Activities
Postage
Fleet Management Vehicle Repair
Revenues
Homeless Assistance Team FY11
Homeless Assistance Team FY11 - Local
35-630-5351-1 002
35-630-5351-1 004
35-630-5351-11 05
35-630-5351-1120
35-630-5351-1125
35-630-5351-1126
35-630-5351-1130
35-630-5351-1131
35-630-5351-2020
35-630-5351-2021
35-630-5351-2030
35-630-5351-2035
35-630-5351-2039
35-630-5351-2066
35-630-5351-2160
35-630-5351-7026
35-630-5351-5351
35-630-5351-5352
$ 98,330
13,334
16,814
8,542
15,120
936
275
28
1,667
1,667
1,750
500
2,500
11 ,433
300
1 ,400
137,669
36,927
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. hJlJlffV
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
February 22, 2011
Roanoke Homeless Assistance Team (HAT) Grant Renewal
Backg rou nd:
The plight of homeless individuals and families has been at the forefront of the
community's attention for more than a decade. The Advisory Council on
Homelessness and the Continuum of Care Planning entities continually look for
funding sources to address the needs of these individuals and families.
Based on Roanoke's 2010 Continuum of Care application, the Roanoke Homeless
Assistance Team ("HAT") was awarded a supportive services only grant from the U. S.
Department of Housing and Urban Development (HUD) totaling $137,669 for a one
year period beginning February 1, 2011. A local cash match of $36,927 is required
for a total program budget of $174,596.
Recommended Action:
Accept the HUD grant award (Homeless Assistance Team) described above and
authorize the City Manager to take such actions and execute such documents as may
be necessary to obtain, accept, implement, administer, and use such grant funds,
including execution of any required grant agreement, such documents to be in a form
approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $137,669, transfer funding in the amount of $36,927 from the Transfer to
Grant Fund (01-250-9310-9535), and appropriate funding in the amount of $174,596
in accounts to be established in the Grant Fund as outlined in Attachment A by the
Director of Finance.
TOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Deyelopment
Jane R. Conlin, Director, Human/Social Services -
Attachment "A"
Homeless Assistance Team (HAT)
Budget
Reqular Employee Salary $ 98,330
Temporary Employee Wages 13,334
City Retirement 16,814
FICA 8,542
Medical Insurance 15,120
Dental Insurance 936
Life Insu rance 275
Disability Insu rance 28
Telephone 1,667
Telephone-Cellu lar 1,667
Ad m i n istrative Su pplies 1,750
Expendable Equipment <$5000 500
Motor Fuel Billed Through Fleet 2,500
Proqram Activities 11 ,433
Postage 300
Fleet Mqt Vehicle Repair 1 ,400
Total $174,596
HUD $137,669
City $36,927
)
2
HUDNo.II-005
Page 1 of 5
HUD > Press Room > Press Releases > 2011 > HUDNo.11-005
HUD No. 11-005
Brian Sullivan
(202) 708-0685
FOR RELEASE
Wed nesday
January 19, 2011
HUD AWARDS $1.4 BILLION TO NEARLY 7,000 LOCAL
HOMELESS PROGRAMS -
PART OF ADMINISTRATION PLAN TO PREVENT & END
HOMELESSNESS
Funding comes one week before national one-night count of
homeless persons and families
WASHINGTON - U.s. Housing and Urban Development
(HUD) Secretary Shaun Donovan today awarded $1.41
billion in funding to keep nearly 7,000 local homeless
assistance programs operating in the coming year (see
attached chart). The grants announced today form a
critical foundation for the Obama Administration's Opening
Doors strategy, the nation's first comprehensive plan to
prevent and end homelessness. View a local summary of the grants announced
today.
Today's announcement also comes just a week before
thousands of volunteers in nearly every city and county
conduct a national one~night count of homeless persons
and families. HUD's Let's Make Everybody Count! campaign is intended
to document trends in homelessness that are crucial to
local planners' efforts to prevent and end homelessness in
their areas.
"There is a tremendous need on our streets and in our
shelters among those experiencing both long-term
homelessness as well as families confronting a sudden
economic crisis," said Donovan. "These grants are the life
blood for thousands of local housing and service programs
that are doing the heavy lifting to meet President Obama's
goal of ending homelessness."
Barbara Poppe, Executive Director of the U.S. Interagency
Council on Homelessness Executive Director, added,
"Across federal agencies, we are aligning mainstream
programs towards a goal to prevent and end
homelessness. While we continue to strengthen public-
private partnerships in Washington and across the country
http://portal.hud.gov/hudportaVHUD?src=/press/press _releases _ media_ advisories/20 I1/HD... 2/3/2011
HUDNo.II-005
Page 2 of 5
to meet this goal, today's grants provide essential support
to continue the progress and meet critical needs of those
who experience the crisis of homelessness."
In June, 19 federal agencies and offices that form the U.S.
Interagency Council on Homelessness (USICH) submitted
to the President and Congress the nation's first
comprehensive strategy to prevent and end homelessness.
The fu II report is titled Opening Doors: Federal Strategic Plan to Prevent and End
Homelessness. The plan puts the country on a path to end
veterans and chronic homelessness by 2015; and to ending
homelessness among children, family, and youth by 2020.
Last September, HUD announced that it would renew
funding through HUD's Continuum of Care programs to
existing local programs as quickly as possible to prevent
any interruption in federal assistance. HUD will award
funds to new projects later in the year.
HUD's Continuum of Care grants provide permanent and
transitional housing to homeless persons as well as
services including job training, health care, mental health
counseling, substance abuse treatment and child care.
Continuum of Care grants are awarded competitively to
local programs to meet the needs of their homeless clients.
These grants fund a wide variety of programs from street
outreach and assessment programs to transitional and
permanent housing for homeless persons and families.
HUD's homeless assistance grants are reducing long-term
or chronic homelessness in America. Based on the
Department's latest homeless assessment, chronic
homelessness has declined since 2005 due to significant
investments to produce thousands of units of permanent
supportive housing for those who had been living on the
streets. While the total number of homeless persons in
America dropped slightly between 2008 and 2009, the
number of homeless families increased for the second
consecutive year, almost certainly due to the ongoing
effects of the recession. In the last 10 days of January,
volunteers from across the country will attempt to count
the number of homeless persons living in shelters and on
the streets as part of a national point-in-time count. For
more information about HUD's "Let's Make Everybody
Count!" campaign, visit www.hud.gov/homelesscount.
http://porta1.hud.gov/hudportallHUD?src=/press/press Jeleases _ media_ advisories/20 I1/HD... 2/3/2011
HUDNo.11-005
Page 30[5
Based on HUD's 2009 Annual Homeless Assessment Report (AHAR) , volunteers
throughout the nation counted 643,000 homeless people
during a given night in January 2009. In addition, HUD
found that during 2009, 1.54 million people used
emergency or transitional housing programs in 2009. A
typical sheltered homeless person is a single, middle-aged
man and a member of a minority group. Of all those who
sought emergency shelter or transitional housing during
2009, the following characteristics were observed:
. 78 percent of all sheltered homeless persons are
adults;
. 61 percent are male;
. 62 percent are members of a minority group;
. 38 percent are 31-to-50 years old;
. 64 percent are in one-person households, and
. 38 percent have a disability.
In addition to HUD's annual grant awards, HUD allocated
$1. 5 bill ion th rough its new Homeless Prevention and Rapid Re.housing (HPRP)
Program. Made possible through the American Recovery and
Reinvestment Act of 2009, HPRP is intended to prevent
persons from falling into homelessness or to rapidly re-
house them if they do. To date, more than 750,000
persons have been assisted through HPRP.
###
HUD's mission is to create strong, sustainable, inclusive
communities and quality affordable homes for all. HUD is
working to strengthen the housing market to bolster the
economy and protect consumers; meet the need for quality
affordable rental homes: utilize housing as a platform for
improving quality of life; build inclusive and sustainable
communities free from discrimination; and transform the
way HUD does business. More information abou.t HUD and its
programs is available on the Internet at www.hud.gov and
espanol.hud.gov.
STATE
#OF
TOTAL $
http://porta1.hud.gov/hudportal/HUD?src=/press/press Jeleases _media _ advisories/20 II/HU... 2/3/2011
HUDNo.II-005
Page 4 of 5
PROJECTS
Alaska 22 $3,420,701
Alabama 67 $14,768,595
Arkansas 28 $4,577,411
Arizona 105 $33,226,189
California 801 $227,603,786
Colorado 84 $18,633,536
Connecticut 133 $29,738,654
District of 65 $18,587,926
Columbia
Delaware 17 $3,715,629
Florida 321 $71,389,061
Georgia 137 $25,411,127
Guam 7 $946,291
Hawaii 34 $10,235,739
Iowa 44 $7,593,468
Idaho 35 $3,474,632
Illinois 398 $83,032,822
Indiana 110 $13,851,121
Kansas 43 $6,565,885
Kentucky 94 $16,722,177
Louisiana 153 $'26,272,896
Massachusetts 303 $57,821,629
Maryland 208 $44,231,502
Maine 46 $9,473,497
Michigan 269 $55,852,464
Minnesota 148 $20,198,148
Missouri 111 $24,000,914
Mississippi 26 $4,198,972
Montana 17 $2,449,956
North Carolina 130 $15,865,468
North Dakota 18 $1,665,449
Nebraska 27 $3,893,892
New Hampshire 51 $5,573,625
New Jersey 174 $22,373,892
New Mexico 36 $6,774,929
Nevada 28 $5,842,535
New York 654 $165,609,614
Ohio 263 $66,249,583
Oklahoma 53 $6,107,328
Oregon 101 $18,190,255
Pennsylvania 373 $63,438,250
Puerto Rico 36 $11,068,344
Rhode Island 44 $4,758,967
http://porta1.hud.gov/hudportal/HUD?src=/press/press Jeleases _media _ advisories/20 I1/HU... 2/3/2011
HUDNo.11-005
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Virgin Islands
Vermont
Washington
Wisconsin
West Virginia
Wyoming
TOTAL
51
6
122
216
39
139
1
24
199
92
34
4
6741
Page 5 of 5
$6,784,796
$1,032,122
$16,951,903
$59,941,137
$4,206,606
$20,154,557
$168,352
$3,682,702
$37,735,249
$21,003,847
$3,999,995
$338,517
$ 1 ,41 1 ,406,642
http://portal.hud.gov/hudportaVHUD?src=/press/press releases media advisories/2011/HU... 2/3/2011
- - -
State
CoC Name
Prolect Name Proaram Awarded Amount
ShelterLink Norfolk SHPR $50,533
SHP/SSO SHPR $25,000
VA-601 - ITotal: $2,770,388
VA-602 - Roanoke City & County/Salem COC
Blue Ridge Homeless Management Information System SHPR $80,232
City of Roanoke Homeless Assistance Team SHPR $137/669
City of Roanoke Shelter Plus Care Home At Last S+CR $175,140
TAP Permanent Supportive Housing - Vinton SHPR $26,074
TAP Transitional Living Center SHPR $264,316
Trust Case Management SHPR $56,551
VA-602 - ITotal: $739,982
VA-603 . Virginia Beach CoC
CAMG10 Permanent Housing SHPR $111,014
CAMG34 Permanent Housing SHPR $366,954
CAMG5 Tranistional Housing SHPR $79,049
Homeless Management Information System (HMIS) SHPR $75,084
JCOC Affordable Housing SHPR $56,247
New Haven SHPR $4,620
SHP Aftercare Program SHPR $109,848
SHP Family Empowerment Program SHPR $36,887
Transitional Housing Program for Families SHPR $371 ,406
VA-603 - 1Total: $1,211,109
VA-604 - Charlottesville CoC
Region 10 Shelter Plus Care Project S+CR $122,772
Region Ten Supportive Housing Program SHPR $146,160
Supportive Housing Program - Positive Places SHPR $60,004
VA-604 -ITotal: $328,936
VA-605 - Newport News/HamptonMrglnla Peninsula CoC
Avalon: A Center for Women and Children SHPR $64,454
1/1012011 Page 255 of 277
?
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, MMC
City Clerk
February 23,2011
CECELIA T. WEBB
Assistant Deputy City Clerk
David Mickenberg, Executive Director
Taubman Museum of Art
1 Market Square, S. E. # 4
Roanoke, Virginia 24011
Nathan Harper, Chair
Roanoke Arts Commission
1901 Warrington Road, S. W.
Roanoke Virginia 24015
Dear Messrs. Mickenberg and Harper:
I am enclosing copy of Resolution No. 39061-022211 accepting and expressing
appreciation for the donation of a piece of art from the Taubman Museum of Art for. the
Public Art Collection.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 22,2011.
Sincerely,
~hl. ~OO>V
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Susan Jennings, Public Art Coordinator
'-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd d.lly-oFFebruary, :2011.
No. 39061-022211.
A RESOLUTION accepting and expressing appreciation for the donation of a piece of art
from the Taubman Museum of Art for the Public Art.Collection.
WHEREAS, the Taubman has approached the Roanoke Arts Commission about donating a
large scale piece of art work to the City of Roanoke; and
WHEREAS, local students and artist Benny Carter "Big Al Carter" created this piece of art in
1995, which was then displayed outside Center. in the Square.
. BE IT RESOLVED by the Council of the City of Roanoke as follows:
1: This Council accepts and expresses its appreciation for the donation ofthis art to the
City from the Taubman Museum of Art for the Public Art Collection all as more particularly
described in the letter of the City Manager, dated February 22, 2011.
2. The City Clerk is directed to forward an attested copy of this resolution to Nathan
Harper, Chair, Roanoke Arts Commission and to David Mickenberg, Executive Director of the
Taubman Museum of Art.
ATTEST:
~m'~QvJ
City Clerk.
K:\MEASURESIDONATION TO CITY
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Donation of Art for the Public Art Collection from the Taubman
Museum of Art
Background:
The Taubman Museum of Art has generously approached the Roanoke Arts
Commission (RAC) about donating a large scale work to the City of Roanoke. The
piece was created in 1995 during a workshop when local students worked with artist
Benny Carter. "Big AI Carter" was an African-American painter based in Alexandria,
Virginia, who had previously worked on many other mural projects before conducting
one for the Art Museum of Western Virginia. The week-long workshop for gifted art
students from the surrounding area was held in conjunction with an exhibition at the
museum of M r. Carter's work. Fifteen students were selected from four area high
schools (Northcross, Cave Spring, Lord Botetourt, and Patrick Henry) based on their
demonstrated artistic talents.
Using imagery symbolic of Roanoke's history, Mr. Carter and the students planned
and executed the 24-by-8 foot mural on six plywood panels, using exterior-grade
paint. After completion, the mural was exhibited in Mr. Carter's exhibition, and then
was mounted on the outside of Center in the Square facing the City Market for several
months. After viewing the piece now in storage at the Taubman Museum, the
Collections Committee of the RAC recommended it be accepted into the City of
Roanoke Art Collection and the Arts Commission concurred. The Collections
Committee met with staff, including the General Manager of the Roanoke Civic Center
and chose a location for the mural to be installed on the wall in the pre-function area
immediately outside the special events center at the Roanoke Civic Center.
Considerations:
The work is currently valued at $6, 125. Pursuant to City Code, when the value of a
gift, grant, devise or bequest is more than five thousand dollars ($5,000), acceptance
shall be by ordinance or resolution of the City Council.
Recommended Action:
ation of the art work from the Taubman Museum of Art.
TOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Nathan Harper, Chair Roanoke Arts Commission
Susan Jennings, Arts and Culture Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39062~022211.
AN ORDINANCE authorizing the City Manager to enter into a Grant Agreement between the
City of Roanoke and the Art Museum of Western Virginia d/b/a Taubman Museum of Art to provide
educational programming to the Roanoke City Schools, and dispensing with the second reading of this
ordinance by title.
WHEREAS, the Museum has requested that the City make a grant to it of the sum of $1 00,000,
in exchange for the performance by the Museum of certain educational services to benefit the City's
public school students pursuant to the certain terms and conditions outlined in the Grant Agreement;
and
WHEREAS, the City wishes to make a grant to the Museum for services to be provided for a
one year term beginning February 23,2011.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager apd the City Clerk are authorized to execute and attest, respectively,
on behalf of the City of Roanoke, in form approved by the City Attorney, a Grant Agreement in the
amount of $100,000 with the Art Museum of Western Virginia d/b/a Taubman Museum of Art to
provide educational programming to the Roanoke City Schools, all as more particularly set forth in the
City Manager's report to Council dated February 22,2011.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title
of this ordinance is hereby dispensed with.
ATTEST:
~nt.mow
City Clerk. .. /
K:\Measures\Grant Agreement Art Museum of WV A 2 7 ll.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39063-022211.
AN ORDINANCE to transfer funding from the General Fund Contingency account to
the Taubman Art Museum account to provide education programming and services to Roanoke
City Public Schools, amending and reordaining certain sections of the 2010-2011 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 2010-2011 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Taubam Art Museum
Contingency
01-300-7220-391 0
01-300-9410-2199
$ 100,000
(100,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
.tl..4- () r h---
A~ 0" ). ~00Y0
City Clerk. - . )
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Memorandum of Agreement between the City of Roanoke and the
Art Museum of Western Virginia d/b/a Taubman Museum of Art for
educational programming and services to the Roanoke City Public
Schools
Backg rou nd:
For the past several months, the Taubman Museum of Art staff has been
planning programmatic initiatives that would support and enhance the
development of an art educational program for grades K-1 2 of the Roanoke City
Public Schools (RCPS). The initiatives are designed to increase coordination
with the goals, curricula, programs and resources of the City's public schools,
integrate the arts into the formal and informal aspects of primary and
secondary education and enhance the accessibility to educational opportunities
in the arts for the City's diverse population. Program initiatives would include
the following:
Free admission to all RCPS students du ring 2011 :
During calendar year 2011, the Museum will provide free admission to all RCPS
students when the student presents a student ID. Currently, all high school and
middle school students possess student IDs. School Superintendent Rita Bishop
and the Taubman Museum's Executive Director David Mickenberg are
collaborating to implement an iden~ification database for all elementary
students for free admission into the Museum. Student fees for entrance to the
museum are $4.50 for ages 5 - 12 and $6.50 for students over 12. Over
12,000 students could potentially benefit from the free admission poli,cy at a
value of over $66,562.50.
The Expansion of the 5-5-5 program:
In 2008, RCPS developed the 5X5X5 (Five Careers in Five Days for 5th Graders)
program as a means of promoting alternative pathways to success in school.
School administrators coordinate on-site visits with five (5) different
professions, so that 5th graders begin to think about future careers. Through
this program, high school students enrolled in vocational classes are also given
the opportunity to visit with middle school students to discuss careers. In
2010, over 250 5th grade students were afforded the opportunity to participate
in the week-long free summer program. During the spring and fall of 2011,
Taubman staff will collaborate with RCPS to expand the program to seven (7)
days, and will serve more than 250 fifth-grade students, with an additional two
to three days held at the Museum to explore multiple career options available
,
. "" ~- -
through the arts. The program will explore the notion of the Museum, the 21 st
century skills that are required to meet the mission and purpose of the
Museum, and the multitude of possibilities for career options in the Museum
and art world.
Middle school arts camps
Middle school art camps and other summer enrichment programs have not
been available to RCPS students since the summer of 2008, primarily due to
budget reductions. The cost to fund the art camps was approximately $12,000
for a one month program which served 75 to 200 students. During the summer
of 2011, Museum staff, in partnership with RCPS, will offer middle school art
camps for more than 200 students for three (3) weeks. The program will be
focused primarily on the arts and technology and will be staffed by Museum
staff and teachers in the educational spaces of the Museum. The camps will
include projects in multimedia arts that will encompass aspects of the visual,
performing and digital arts, art history, museum studies, and behind the scenes
investigations at the Museum. City art beautification projects will also be
considered as a program component.
During the course of the year, an advisory committee composed of Museum
and school staff will also identify and recommend other opportunities for
collaboration with an emphasis on the development of art and technology
based initiatives.
Considerations:
The City has developed a one-year agreement to commence on February 23,
2011 with the Art Museum of Western Virginia d/b/a the Taubman Museum of
Art, for the Museu m to provide art education services to the Roanoke City
Public School students and staff, in consideration of a one-time grant from the
City of $100,000. Taubman Museum staff will be required to provide bi-annual
progress reports to the City Manager on or before June 15, 2011 and on or
before December 20, 2011.
Roanoke County, the Roanoke County School Board and the Taubman Museum
of Art entered into a similar agreement beginning June 30, 2006, that provided
art educational programming to Roanoke County students. Since that date, the
County has contributed over $200,000 to the County's arts education program.
On September 8, 2009, the County executed a second agreement to continue
the funding.
The art education programs held at the Taubman Museum would address the
Roanoke City P':Jblic Schools' strategic focus area # 2 (Create an optimal urban
learning environment) by increasing student participation and success in the
arts by 5% every year while reflecting the diversity of RCPS students. It would
also address the City school's strategic focus area # 4 (Collaborate with the
City, businesses and community organizations to provide a better prepared
student) in that it encourages a non-profit organization to support the RCPS
2
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strategic plan and partially address the school's resource limitations through
strategic collaboration.
Recommended Action:
Authorize the City Manager to execute an agreement with the Art Museum of
Western Virginia, d/b/a Taubman Museum of Art, providing a grant of
$100,000 to the Museu m for the educational services described above; such
agreement to be in a form approved by the City Attorney.
Adopt the accompanying budget ordinance to transfer funding from the Budget
Contingency account (01-300-9410-2199) to the Art Museum of Western
Virginia, d/b/a Taubman Museum of Art, account (01-300-7220-3910) to
pr erl account for this funding.
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Sherman Stovall, Assistant City Manager for Operations
Amelia Merchant, Director of Management and Budget
3
p:1.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39064-022211.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement among the City of Roanoke (City), the Economic Development Authority of the City
of Roanoke, Virginia (EDA), and United Hea1thCare Services, Inc., (UHS), that provides for
certain undertakings by the parties in connection with the maintenance and creation of certain
jobs by UHS within the City of Roanoke; to provide for the appropriation of up to $62,500.00 by
the City to the EDA for grants to UHS for the purpose of economic development, as further set
forth below; and dispensing with the second reading by title of this Ordinance.
WHEREAS, UHS is leasing certain real property located in the City of Roanoke, and
intends to maintain and expand UHS's operations of providing services to certain Medicare
recipients and to provide customer support for a variety of senior health and well-being products
and UHS intends to maintain and create substantial jobs in connection with those operations
(UHS Project); and
WHEREAS, the City and the EDA wish to encourage UHS to undertake and complete
the Project in order to enhance and promote economic development within the City and the
Roanoke region. After approval by the City, the matter will be referred to the EDA for its
consideration and action.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. City Council hereby approves the substance of the terms of the Performance
Agreement among the City, the EDA, and UHS, as set forth in the attachment to the City
Manager's Report dated February 22, 2011, to Council, which provides for maintenance and
O-UHS Performance Agreement.doc
1
creation by UHS 0 f certain jobs within the City, as well as certain undertakings by the City and
the EDA. City Council further finds that this will promote economic development within the
City and the Roanoke region.
2. The City Manager is authorized on behalf of the City to execute a Performance
Agreement among the City, the EDA, and UHS, upon certain terms and conditions as set forth in
the City Manager's Report dated February 22,2011, to Council. The Performance Agreement is
to be substantially similar to the one attached to such letter, and in a form approved by the City
Attorney.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Performance Agreement.
4. The City will appropriate an amount up to $62,500.00 to the EDA for the purpose
of promoting economic development in the City and the Roanoke region in order to fund the
grants that the EDA intends to make to UHS upon certain terms and conditions, which amount is
to be used for job grants as referred to in the Performance Agreement, all as more fully set forth
in the above referenced City Manager's Report.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
~h,'hJo~
City Clerk
O-UHS Performance Agreement.doc
2
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February>> 2011.
No. 39065-022211.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve to the United HealthCare Services project, amending and
reordaining certain sections of the 2010-2011 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 2010-2011 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Fund Balance
Economic and Community Development
Reserve - Unappropriated
08-31 0-9849-9003
$ 62,500
08-3365
(62,500)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
- hJ -IrpCW
City Clerk. :. i :' .
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
February 22, 2011
Performance Agreement with United HealthCare Services, Inc.
Backg rou nd:
In 2010, United HealthCare Services, Inc. (UHS), a wholly owned entity of United
HealthGroup, worked collaboratively with the City's' Economic Development
Department to maintain and expand operations in the facility it leases at 3645
Thirlane Road. As part of this collaboration, City staff worked with UHS to
arrive at a strategy to expand job opportunities for City residents. The 300
permanent, full-time jobs existing at or supervised from the facility as of
August 1, 2010, will remain and a minimum of 75 up to a maximum of 125
new, permanent, full-time jobs will be created between August 1, 2010, and
December 31, 2011. UHS also intends to invest approximately $7 million in
equipment and other improvements at the Thirlane Road location.
A proposed Performance Agreement with UHS provides up to $62,500 in job
training grants for permanent City residents hired between August 1,2010, and
December 31, 2011. Grants of $500 per City resident would be made by the
Economic Development Authority of the City of Roanoke, Virginia (EDA). All job
positions would have to continue without interruption from the date of creation
through either the date the total grant amount is paid out to UHS pursuant to
the terms of the Agreement or January 31, 2013, whichever occurs first. The
details of these provisions as well as the other terms of the Agreement are set
forth in the attached Performance Agreement f (Attachment A). Since City
provided funds will not be paid until the graht requirements are met, no
repayment provision is needed in the Agreement. The EDA is scheduled to
consider this Performance Agreement at its February 24, 2011, meeting.
Recommended Action:
Approve the substance of the terms of the Performance Agreement among the
\~
City, the EDA, and UHS as set forth in the attachment to this Report and
determine such grants provided for by such Agreement will promote economic
development within the City and the Roanoke region
Authorize the City Manager to enter into a Performance Agreement with United
HealthCare Services, Inc., and the Economic Development Authority of the City
of Roanoke, Virginia, in a form substantially similar to the one attached, with
the form of such Performance Agreement to be approved by the City Attorney.
Authorize the City Manager to take such actions and execute such documents
as necessary to implement, administer, and enforce such Performance
Agreement.
Appropriate the $62,500 from the Economic and Community Development
Reserve to an accou nt to be established by the Director of Finance in the Capital
Projects Fund.
RISTOPHER P. MORRILL
City Manager
Attachments
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Harwell (Sam) M. Darby, Jr., Attorney, EDA
Robert Ledger, Economic Development Manager
2
DRAFT - 1/26/11
PERFORMANCE AGREEMENT
This Performance Agreement (Agreement) is dated ,2011, by and among the City
of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the
Commonwealth of Virginia (City), the Economic Development Authority of the City of
Roanoke, Virginia, an industrial development authority organized and existing under the laws.of
the Commonwealth of Virginia (EDA or Authority), and United HealthCare Services, Inc., a
Minnesota corporation authorized to do business in Virginia (UHS or Company).
WITNESSETH:
WHEREAS, UHS, a wholly owned entity of UnitedHealth Group (UHG), has announced that it
will maintain and expand operations in the City;
WHEREAS, the City has determined that it will make an appropriation or donation of money to
the EDA for the purposes of promoting economic development within the City and the Roanoke
regIOn;
WHEREAS, the EDA, based on the application and undertakings of UHS, has determined to
make certain grants to UHS to promote economic development in the City and the Roanoke
regIon;
WHEREAS, UHS has made certain representations as to its commitment to economic
development which will be made in consideration of the commitment of the EDA to make the
grants to UHS;
WHEREAS, UHS leases certain real property located at 3645 Thirlane Road, NW, located in the
City of Roanoke and plans to maintain and expand UHS's operations and plans to make an
investment of approximately $7,000,000 in furniture, fixtures, equipment, and improvements
necessary for providing services to certain Medicare recipients and to provide customer support
for a variety of senior health and well-being products at that location (Facility);
WHEREAS, UHS will maintain 300 permanent full-time job positions that existed at or were
directly supervised from the Facility provided employees in such job positions also meet the
requirements of residing in the same geographical areas as set forth in Section 1 (C) below.
UHS also intends to create and provide approximately 125 additional new permanent active
full-time job positions (as defined hereafter) between August 1,2010, and December 31, 2011
(Project);
WHEREAS the City has agreed to make an appropriation to the EDA of up to $62,500 for Job
Grants for new job positions for the purpose of training and related items for new employees
who are City residents, as defined below, in those new job positions, afld which the EDA may
make available through grants to UHS under the terms set forth in this Agreement; and
1
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WHEREAS, the City and the EDA wish to encourage UHS to undertake and complete the
Project.
THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto mutually agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or reqUIres, the following definitions apply to this
Agreement:
A. "City Resident" means a person who resides in the City at a permanent City address
according to his or her employment application and currentontact information on file
with the Company, and which is subject to verification by the City and/or the EDA, and
such person must remain a City resident during any term required for the job grant in
question.
B. "Day" means a calendar day unless otherwise indicated.
C. "New Job" or "New Jobs" or "New Job Position(s)" means an employment position of an
indefinite duration created by the Company on or after August 1,2010, at the Facility, or
directly supervised from the Facility provided that such supervised employees reside
within the Roanoke, VA or Blacksburg-Christiansburg-Radford, V A Metropolitan
Statistical Areas as such Areas are now, or hereafter, defined by the U. S. Census Bureau,
and which is new to the Commonwealth of Virginia, and which pays in excess of an
annual wage of$21,319.20 (or $12.69 per hour) (excluding benefits) and for which the
standard fringe benefits are paid by the Company, requiring a minimum of either (i) 35
hours of an employee's time per week for the entire normal year of the Company's
operations, which "normal year" must consist of at least 48 weeks or (ii) 1,680 hours per
year. Seasonal or temporary positions, and positions created when a job function is
shifted from an existing location in the Commonwealth shall not qualifY as New Jobs.
The aggregate number of hours worked (including paid holidays, vacation, sick leave,
and all other paid time off) during a particular calendar year will count toward the hours
required for New Jobs.
D. "Sufficient Documentation" means written documentation and/or electronic data that the
Company shall supply to the City and the EDA without any cost to either the City or the
EDA, that will allow the City and/or the EDA to determine that the Company has met the
particular requirements for which such documentation is being submitted and which will
be sufficient to allow the City and the EDA to verifY that the contents of such documents "
and/or electronic data are accurate and correct. Furthermore, if the City and/or the EDA
reasonably determine that sufficient documentation has not been provided or that
additional documentation is needed, either entity may request further documentation from
the Company, which shall be provided by the Company within thirty (30) days of receipt
of the request for such further documentation.
SECTION 2. APPROPRIATION AMOUNT.
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Subject to the terms of this Agreement, the City will appropriate and pay an amount up to, but
not to exceed, a total of $62,500 to the EDA for the purposes of promoting economic
development in the City and the Roanoke region in order to fund the economic development
grants the EDA intends to make to UHS for the Job Grants, as provided in this Agreement. (See
Section 6.)
SECTION 3. EDA ECONOMIC DEVELOPMENT GRANTS.
The EDA will make economic development grants to UHS as follows: an amount up to $62,500
for Job Grants as provided for in this Agreement, all in accordance with the terms of this
Agreement. The EDA's obligations hereunder are not general obligations of the EDA, but are
special obligations of the EDA limited to those funds which are provided hereunder by the City
and received by the EDA.
SECTION 4. UHS'S OBLIGATIONS.
UHS agrees and promises that in order to qualifY to receive and retain the econOlTIlC
development grants from the EDA, UHS will do the following:
A. UHS shall maintain at least 300 permanent, staffed, full-time job positions that existed at
or were directly supervised from the Facility provided employees in such job positions
also meet the requirements of residing in the same geographical areas as set forth in
Section 1 (C) above as of August 1, 2010, and will further create and/or provide a
minimum of an additional 75 New Job Positions between August 1,2010, and December
31, 2011. Such job positions shall be maintained as set forth herein. "Maintained"
means that the existing job positions and the job positions to be created pursuant to the
provisions of this Agreement will continue without interruption from the date of creation
through either the date the total grant amount is paid out to UHS pursuant to the terms of
this Agreement or January 31, 2013, whichever occurs first. If such job positions are not
maintained as set forth in this Agreement no further Job Grants may be requested by
UHS and no further Job Grant requests will be considered or honored by the EDA.
B. UHS agrees that any money UHS receives from the Job Grants provided for in this
Agreement will only be used for training and related items for new employees who are
permanent City Residents and in accordance with the provisions of this Agreement.
Provided, however, such monies may be used by UHS to offset costs UHS has already
incurred and paid starting as of August 1, 2010, that otherwise meet the requirements of
this Agreement.
C. The Company shall file all appropriate and applicable Real Estate tax, Business Personal
Property taxes, machinery and tools property taxes, and other tax forms or notices with
the City, ensure it has received assessments from the City for such taxes, and the
Company shall timely pay all such taxes to the City when due and not claim any
exemptions from Real Estate taxes, Business Personal Property taxes, or other taxes for
any periods of time for which any Job Grant funds are requested. The Company shall
also ensure that the owner of the Facility and any entity that may operate and/or manage
the Project, if different than the Company, also complies with all the obligations of this
3
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Section and any other applicable provisions of this Agreement. This Section shall not
limit any rights the Company may have to appeal a property tax assessment as may be
allowed under the laws ofthe Commonwealth of Virginia.
SECTION 5. PAYMENT OF EDA'S FEES.
The Company promises and agrees that it shall pay all reasonable fees, costs, and expenses of the
EDA in connection with this matter, including any action necessary to collect reimbursement
hereunder or litigation of any type, all of which includes the reasonable fees of the EDA's
attorney. Payment of such items shall not be made from any Grant funds. The EDA will submit
statements to the Company for such items and the Company shall pay such statements within
thirty (30) days after receipt. The EDA estimates its attorney's fees in connection with the
approval process for this Performance Agreement to be approximately $2,500.00.
SECTION 6. DISTRIBUTION OF GRANT FUNDS.
A. Subject to the terms of this Agreement, the City will appropriate and pay an amount up
to, but not to exceed, a total of $62,500 to the EDA for the purpose of promoting
Economic Development in the City in order to fund Job Grants (Job Grant or Job Grants)
for New Job Positions for City Residents that the Company creates during the period
from August 1,2010, through December 31,2011, as referred to in Section 1 of this
Agreement and subject to the provisions set forth below and in this Agreement.
B. The amount for each Job Grant shall be $500 per New Job Position, provided that the
total amount of all such Job Grant requests shall not exceed a total of $62,500.
C. All requests for any Job Grant to the EDA and the City shall be made as follows:
1. The Company shall designate in writing to the EDA and City a group or groups of
between 25 to 50 New Job Positions that have been filled by City Residents and
advise the EDA and City that the Company intends to start the one year period
mentioned below for such group as of such designation date.
11. Requests shall be made only after all the New Job Positions for which a request is
being made have been staffed by a City Resident employed by the Company for a
period of at least one full year from the date on which the Company designated
such group as set forth above.
111. A written request shall be made only for a designated group of New Job Positions
as set forth above. However, an exception to the twenty-five (25) New Job
Positions minimum is that a final Job Grant request by the Company can be made
for less than twenty-five (25) New Job Positions. However, such final request
shall be made no later than January 31,2013, but may be made sooner, in the
Company's discretion, or at such other time as may be approved in writing by the
EDA and the City.
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IV. If the initial City Resident hired for a New Job Position quits or otherwise does
not continue to work for the Company during the one year period of time from the
initial hire, but such New Job Position (or a substantially similar New Job
Position) is filled by another City Resident, within a reasonable period of time,
then the one year period for retaining the City Resident in that New Job Position
will continue without interruption and without starting the one year time period
over.
v. A City Resident must be working in the New Job Position for which a Job Grant
request is made at the time such request is made to the EDA and the City.
VI. Such New Job Positions and the City Residents shall not in any way be connected
with the Job Grant request process.
Vll. The Company shall provide sufficient documentation to establish the Company's
compliance with the above requirements.
V111. Any requests for Job Grants made after January 31,2013, will not be considered
by or paid by the EDA or the City.
lX. All Job Grant requests shall be for separate New Job Positions for which a City
Resident has been hired and is employed by the Company. The New Job Position
and City Resident may not be duplicated in any way or manner in any of the Job
Grant requests or for any other job grant requests of any other type to the City.
x. All Job Grant requests by the Company shall be made to the EDA and the City on
a form approved by the EDA's counsel and shall be accompanied by sufficient
documentation to allow the EDAand the City to establish and verifY that the
Company's request meets the requirements ofthis Agreement.
D. The Job Grant request procedure for a written grant request from the Company to the
EDA and the City for the grant funds shall be as set forth above. The EDA and/or City
may disapprove any such request that does not comply with the requirements of this
Agreement, or it may require that a revised request be submitted or request additional
information. If the EDA and/or City make any such determination or request, the
Company shall submit such additional information or a revised request within thirty (30)
days after receipt of the EDA's and/or City's notification. After the EDA approves a
request, the EDA will make a written request to the City for the distribution to the EDA
of the City's appropriation to cover the Job Grant request that the Company has made and
that has been approved. The City and the EDA's procedures for processing any approved
Company grant requests will be that the EDA will make a written request to the City for
the distribution to the EDA ofthe Job Grant funds referred to above. Upon receipt ofthe
EDA's request for grant funds, the City will respond to such request within thirty (30)
days of receipt of the EDA's request. The EDA will disburse to the Company the funds
that the EDA receives from the City within thirty (30) days after receipt of such funds
from City.
5
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E. Should the Company not request the above Job Grant funds as set forth above, then the
Company will not be entitled to receive any such Grant funds.
F. There shall be no carryover of Job Grant funds and any such funds that have not been
requested within the above time period by the Company and approved by the EDA and
the City as set forth in this Agreement will no longer be available to the Company.
G. The Company shall further provide both the EDA and the City with a final report of the
Company's compliance with all of the Company's obligations regarding the Job Grant
requests the Company has made.
H. The parties agree that the maximum number of New Job Positions for which the
Company may make a Job Grant request is 125.
SECTION 7. REPORTS TO THE EDA AND THE CITY.
During the term of this Agreement the Company shall report to and provide the EDA and the
City on a semi-annual basis, on or before June 30 and December 31 of each year, sufficient
documentation related to the Company's compliance with the conditions of this Agreement.
The Company shall allow the EDA, the City, and/or its representative to inspect, audit, copy, or
examine any of the Company's Project employment related records, documents associated with
this specific Project, or other relevant materials in connection therewith upon written request by
the EDA or the City. All such documents, information (including electronic data), or access
shall be provided or made available within thirty (30) days of a written request from either the
EDA or the City, at no cost to the EDA or the City. The EDA and the City will attempt to
withhold from any request for disclosure such proprietary Project employment related records as
have been properly and timely designated as such by the Company to the EDA and the City,
unless such records are required to be disclosed pursuant to the Virginia Freedom of Information
Act, other applicable laws, or court order.
SECTION 8. COMPLIANCE WITH LAWS.
The Company agrees to comply with all applicable federal, state, and local laws, rules, and
regulations in the performance of this Agreement, including, but not limited to obtaining and
maintaining a current City Business License.
SECTION 9. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and
purpose of this Agreement.
SECTION 10. SEVERABILITY.
If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the
remaining terms of this Agreement, which will continue in full force and effect. The parties
intend the remaining provisions of the Agreement be enforced to the fullest extent permitted by
applicable law.
6
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SECTION 11. AUTHORITY TO SIGN.
The persons who have executed this Agreement on behalf of the parties represent and warrant
they are duly authorized to execute this Agreement on behalf 0 f their respective entity.
SECTION 12. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which shall be
deemed an original, but all of which together shall constitute a single instrument.
SECTION 13. SUCCESSORS.
The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and
inure to the benefit 0 f each 0 f the parties hereto and their respective successors and assigns.
SECTION 14. NONDISCRIMINATION.
During the performance or term of this Agreement, the Company agrees as follows:
A. The Company will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of the
Company. The Company agrees to provide notice to employees and applicants for
employment that it is an equal opportunity employer and will not discriminate against
any employee or applicant for employment except as may be allowed by law.
B. The Company in all solicitations or advertisements for employees placed by or on behalf
ofthe Company will state the Company is an equal opportunity employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
Section.
SECTION 15. ASSIGNMENT.
The Company agrees not to assign or transfer any part of this Agreement without the prior
written consent of the City and the EDA, which will not be unreasonably withheld, delayed, or
conditioned, and any such assignment shall not relieve the Company from any of its obligations
under this Agreement.
SECTION 16. INDEMNITY.
The Company agrees to indemnifY and hold harmless the EDA, the City, and their officers,
directors, and employees free and harmless for and from any and all claims, causes of action,
damages, or any liability of any type, including reasonable attorney's fees, on account of any
claims by or any injury or damage to any persons or property growing out of or directly or
7
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indirectly resulting or arising in any way out of any actions, OllliSSlons, or activities of the
Company or its agents, employees, or representatives arising out of or connected in any way to
any of the matters involved in this Agreement or any performance thereunder.
SECTION 17. CHOICE OF LAW AND FORUM SELECTION.
This Agreement shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Virginia, without application of Virginia's conflict of law provisions.
Jurisdiction and venue for any litigation, suits, and claims arising from or connected with this
Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City
General District Court if the amount in controversy is within the jurisdictional limit of such
court, and all parties to this Agreement voluntarily submit themselves to the jurisdiction and
venue of such courts, regardless of the actual location of such parties. The provisions of this
Agreement shall not be construed in favor of or against either party, but shall be construed
according to their fair meaning as ifboth parties jointly prepared this Agreement.
SECTION 18. DRUG-FREE WORKPLACE.
A. During the performance of this Agreement, UHS agrees to (i) provide a drug-free
workplace for UHS employees; (ii) provide notice to employees and applicants for
employment that UHS is a drug-free workplace and actions will be taken for any
violations of the Company's drug-free workplace policy; and (iii) state in all solicitations
or advertisements for employees placed by or on behalf of UHS that UHS maintains a
drug- free workplace.
B. For the purposes of this section, "drug-free workplace" means a site for the performance
of work done in connection with a specific contract awarded to a contractor, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession or use of any controlled substance or marijuana
during the performance of the contract or Agreement.
SECTION 19. NONWAIVER.
Each party agrees any party's waiver or failure to enforce or require performance of any term or
condition ofthis Agreement or any party's waiver of any breach ofthis Agreement by any other
party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any
of the terms or conditions of this Agreement or a waiver of any other breaches ofthe Agreement
by any party and does not bar the non-defaulting party from requiring the defaulting party to
comply with all the terms and conditions of this Agreement and does not bar the non-defaulting
party from asserting any and all rights and/or remedies it has or might have against the defaulting
party under this Agreement or by law.
SECTION 20. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference purposes and shall not
affect in any way the meaning or interpretation of this Agreement.
8
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SECTION 21. APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the City or the EDA in connection with the Project or
this Agreement are subject to the availability of funds and the appropriation of such funds by
City Council as may be necessary for such obligations or funding.
SECTION 22. PERFORMANCE.
If the Company fails to comply with any of the Company's obligations under this Agreement, as
determined by the City in the City's reasonable discretion, the Company will not be entitled to be
eligible for and/or receive and/or continue to be eligible for and/or receive any such Job Grant
funds as referred to above or in this Agreement.
SECTION 23. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if sent by certified
mail, return receipt requested, or by a nationally recognized overnight courier, addressed as
follows (or any other address the party to be notified may have designated to the sender by like
notice):
If to City, to
City of Roanoke
Attn: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
City of Roanoke
Attn: Economic Development Manager
117 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540-853-1213
Ifto EDA, to:
Chair, Economic Development Authority
of the City of Roanoke, Virginia
c/o Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlatte
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-224-8050
Ifto the Company, to:
United HealthCare Services, Inc.
Attn: Vice President, Real Estate Services
MN008-E305
9900 Bren Road East
Minnetonka, MN 55343
9
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Fax No. 952-936-3642
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 24. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1, be advised the City does not discriminate against
faith based organizations.
SECTION 25. COMPLIANCE WITH STATE LAW. FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA.
The Company shall comply with the provisions of Virginia Code Section 2.2-4311.2, as
amended, which provides that an entity organized as a stock or nonstock corporation, limited
liability company, business trust, or limited partnership or registered as a registered limited
liability partnership shall be authorized to transact business in the Commonwealth as a domestic
or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
The Company shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked
or cancelled at any time during the term of this Agreement. The EDA and/or the City may void
this Agreement if the Company fails to remain in compliance with the provisions of this section.
SECTION 26. ENTIRE AGREEMENT.
This Agreement, together with any exhibits or attachments, constitutes the entire agreement of
the parties and supersedes all prior agreements between the parties. No amendment to this
Agreement shall be valid unless made in writing and signed by the appropriate parties.
SIGNATURE PAGE TO FOLLOW
10
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IN WITNESS WHEREOF, the parties have executed this Performance Agreement by their
authorized representatives.
WITNESS:
CITY OF ROANOKE, VIRGINIA
By
Christopher P. Morrill, City Manager
Printed Name and Title
(SEAL)
WITNESS:
ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF ROANOKE, VIRGINIA
Linda D. Frith, Secretary
By
Charles E. Hunter, III, Chair
WITNESS:
UNITED HEALTHCARE SERVICES, INC.
Restor Johnson, Vice President
Real Estate Services
Printed Name and Title
Approved as to Form
Approved as to Execution
11
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City Attorney
Approved as to Form
Counsel for EDA
Appropriation and funds required for
this Agreement are subject to future
appropriation.
Director of Finance
Date
Acct#
Authorized by Ordinance No.
City Attorney
Approved as to Execution
Counsel for EDA
-7633380.doc
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8
12
DRAFT - 1/26/11
GRANTREOUESTFORM
This Grant Request is submitted pursuant to that Performance Agreement dated
, 20_ (the "Performance Agreement"), by and among, the City of Roanoke,
Virginia, a municipal corporation (the "City"), United HealthCare Services, Inc., a Minnesota
corporation authorized to transact business in Virginia ("UHS" or "Company"), and the
Industrial Development Authority of the City of Roanoke, Virginia, an industrial development
authority organized and existing under the laws ofthe Commonwealth of Virginia (the "EDA" or
"Authority"). Capitalized terms used, but not defined herein, shall have the meanings ascribed to
such terms in the Performance Agreement.
The Performance Agreement provides that UHS may draw as an economic development
grant from the EDA such funds as are provided to the EDA by the City in an amount not to
exceed a total of $62,500 from City provided monies, so long as such grants are requested no
later than January 31, 2013, and UHS has complied with the terms of the Performance
Agreement.
Such Economic Development Grants consist of the following:
Up to $62,500 in City of Roanoke Funds provided to the EDA to be awarded to UHS for
job grants once UHS has demonstrated that it has met the requirements of the
Performance Agreement for such job grants.
UHS warrants that it has complied, or will comply, with all of the terms and conditions of
the Performance Agreement.
Amounts previously paid in New Job Grants total $-0-. The amount of this New Job
Grant Request is $ . The total remaining amount to be requested by future New Job
Grant Requests is $
The following supporting documents are attached: (Please identify and list supporting
documents. )
We respectfully request that the EDA process this Grant Request through the City by
sending copies to the City Manager and the Economic Development Manager at their respective
addresses set forth in the Performance Agreement, and in accordance with the terms of the
Performance Agreement.
UNITED HEALTH CARE SERVICES, INC.
Date:
By:
Printed Name and Title
Grant Request Form.DOC
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, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 23,2011
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 39066-022211 to appropriate funding
from the Federal government and local match for various educational programs,
amending and reordaining certain sections of the 2010-2011 School Grant Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 22, 2011, and is in full force and ~ffect upon
its passage.
Sincerely,
~~ m.frJWN
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance.
Amelia Merchant, Director, Management and Budget
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 2011.
No. 39066-022211.
AN ORDINANCE to appropriate funding from the Federal government and local match for
various educational programs, amending and reordaining certain sections of the 2010-2011
School 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
2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Teacher Stipends Patrick Henry
Social Security Patrick Henry
Teacher Stipends William Fleming
Social Security William Fleming
Teacher Stipends Forest Park Acd.
Social Security Forest Park Acd.
Revenues
State Grant Receipts
302-11 0-0000-0390-322E-611 00-41129-3-01
302-11 0-0000-0390-322E-611 00-42201-3-01
302-110-0000-0400-322E-61100-41129-3-01
302 -11 0-0000-0400-322 E-611 00-42201-3-01
302-110-0000-1304-322E-61100-41129-3-01
302-11 0-0000-1304-322E-611 00-42201-3-01
302-000-0000-0000-322E-00000-32415-0-00
$
7,890
604
7,890
604
7,889
603
25,480
Pursuant to the. provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~r::'(o&YV
February 22, 2011
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 February 8, 2011, the Board
\ respectfully requests City Council approve the following appropriation:
New Appropriation Total New Award
Project Graduation Academic Year Academy 2010-11 $25,480
The School Board thanks you for your approval of the appropriation
request as submitted.
Sincerely,
~-\\.0~
Cindy H. Poulton, Clerk
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Acquenatta Harris (w / details)
. ~,
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
III
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools, Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
February 22, 2011
School Board Appropriation Requests
Background:
As the result of official School Board action at its February 22nd meeting, the
Board respectfully requested that City Council appropriate funding forthe Project
Graduation Academic Year Academy grant. This grant of $25,480 provides funds
for high school instruction for seniors needing verified credits to graduate and for
sophomores and juniors who passed a class but failed the associated SOL exam.
The program is reimbursed 100% by state funds and will end May 27, 2011.
Recommended Action:
We recommend that you concurwith this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
lJfj~'W~
ANN H~AWVER
Director of Finance
Distribution: Cou ncil Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
Chris
Morrill/Employees/City _oCRo
anoke
02/08/2011 05:53 PM
To City Council
cc Brian
T ownsend/Employees/City-oCRoanoke@City-oCRoanoke,
Sherman Stovall, "Ann Shawver"
bcc
Subject Response to inquiry from Chris Craft
Mayor & Council,
Please see the facts below about the public safety response to the recent County bus accident. I will also
report on this during my comments on at the next Council meeting but because we take public safety
response very seriously I wanted to be sure you knew the facts.
Chris Morrill
First call received at 7:03 a.m. Call was transferred from Roanoke County. Wireless calls can be routed
to the wrong call center depending on the wireless carrier and where the call originates. In this case, the
call originated along the City/County border, which would explain why the call went to the County.
Fortunately, we have a very strong working relationship with the County E-911 Center.
Police were dispatched first at 7:04 a.m. and arrived at 7:08 a.m. First call reported an accident.
Fire-EMS dispatched at 7:06 a.m. Second call reported accident and that the driver looked unconscious.
Fire-EMS First Responder (Engine 6) arrived at 7:11 a.m., with Medic Unit 6 arriving at 7:13 a.m.
Note:
Chris Craft was the fourth person to call to report the accident. His call was received at 7:09 a.m., after
Police and Fire were dispatched.
The first Fire-EMS units on the scene were from the Dale/Jamison Station. The first responder for an
accident in this area would normally be from the Orange Avenue/Mecca Station, but unit from this station
was on another call.
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, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 23,2011
Sean Horne
Balzer and Associates
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
I am enclosing copy of Ordinance No. 39067-022211 rezoning the following properties
to CG Commercial General District: (1) a 0.315 acre parcel located at the intersection"'of
Rutgers Avenue, N. W., and Hershberger Road, N. W., 1315 Hershberger Road,
identified as Official Tax No. 6660106, MX, Mixed Density District; (2) a 0.71 acre
portion of property identified as Official Tax No. 6660105, located adjacent to Rutgers
Avenue and Hershberger Road, N. W., and adjacent to Official Tax No. 6660106 from
CLS, Commercial Large Site District; (3) a 0.675 acre southern portion of property
identified as Official Tax No. 6660105 and fronting 1419 Hershberger Road, N. W.,
adjacent to Official Tax No. 6660124, from Commercial Large Site District; and (4) a
1.432 acre northern portion of property identified as Official Tax No. 6660103, located at
5002 Airport Road, N. W., from CLS, Commercial Large Site District, subject to certain
conditions proffered by the applicant, as set forth in the Zoning Amended Application
NO.1 dated January 25, 2011.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 22, 2011, and is in full force and effect upon
its passage.
~cerio/'
0~~ (n. rr;o~
Stephanie M. Moon, MMC
City Clerk
Enclosure
Sean Horne
February 23,2011
Page 2
pc: Robert and Carmala Kelly, 5101 Airport Road, N. W., Roanoke, Virginia 24012
Kathy L. Hiler, P. O. Box 19575, Roanoke, Virginia 24019
Mari and Cathe Mengarelli, 5111 Airport Road, N. W., Roanoke, Virginia 24012
R. Scott Fisher, 5115 Airport Road, N. W., Roanoke, Virginia 24012
Sandra G. Taylor, 5119 Airport Road, N. W., Roanoke, Virginia 24012
L. George Peroulas, 3212 Christian Avenue, N. W., Roanoke, Virginia 24012
John and Sonia Osborne, 2838 Blacksburg Road, Troutville, Virginia 24175
Bank of America, 101 N. Tryon NC10, Charlotte, North Carolina 28255
Bich Thingoc Nguyen, 1116 Maitland Avenue, N. W., Roanoke, Virginia 24012
ST Investments, Inc., P. O. Box 534, Troutville, Virginia 24175
Derek and Brenda Norwinski, 5221 Airport Road, N. W., Roanoke, Virginia 24012
Harrison Stapleton, 5217 Airport Road, N. W., Roanoke, Virginia 24012
Dahyabhai and Manjulaben Patel, 5213 Airport Road, N. W., Roanoke, Virginia 24012
Marie Greene, 5207 Airport Road, N. W., Roanoke, Virginia 24012
Jennpea's Holdings, Inc., 101 North Maple Avenue, Covington, Virginia 24426
Valley Bank Finance Department, P.O. Box 2740, Roanoke, Virginia 24001
Appalachian Power Company, 40 Franklin Road, S. W., Roanoke, Virginia 24016
Trustees Airlee Court Baptist Church, 1312 Hershberger Road, N. W., Roanoke,
Virginia 24012
First Union National Bank, P.O. Box 2609, Carlsbad, California 92018
Tacoma, Inc., 328 E. Church Street, Martinsville, Virginia 24112
SW Telco Federal Credit Union, 1430 Hershberger Road, N. W., Roanoke,
Virginia 24012
Sau Danh, 3646 Brambleton Avenue, S. W., Roanoke, Virginia 24014
Allred Investment Company, P.O. Box 25048, Winston-Salem, North Carolina 27114
SW Virginia Savings and Loan, P.O. Box 600, Christiansburg, Virginia 24068
Towne Square, LLC, Towne Square Joint Venture, 3333 New Hyde Park, Suite 100,
New Hyde Park, New York 11042
Crossroads Center Roanoke, LLC, P.O. Box 8860, Mobile, Alabama 36689
REPA Property Management and Development, 1525 Ashley Drive, Salem,
Virginia 24153
MPW Group, LLC, P.O. Box 18, Salem, Virginia 24153
Puglisi Family Limited Partnership, P. O. Box 182571, Columbus, Ohio 43218
Ben Burch, Airlee Court Neighborhood Watch Association, 923 Curtis Avenue, N. W.,
Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer; City Engineer
Rebecca J. Cockram, Secretary, City Planning Commission
t<{
t,;;':> \ ~
~\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day .of February, 2011.
No. 39067-022211.
AN ORDINANCE to amend 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, to rezone certain properties within the City, subject to certain
conditions proffered by the applicant;. and dispensing with the second reading of this
ordinance by title.
WHEREAS, Charles and Noralu Michael and Fairway Roanoke, LLC, have made
application to the Council of the City of Roanoke, Virginia ("City Council"), to have the
following properties rezoned to CG Commercial General District, subject to certain
conditions: (1) a 0.315 acre parcel located at the intersection of Rutgers Avenue, N.W.,
and Hershberger Road, N.W., 1315 Hershberger Road, bearing Official Tax No.
6660106, currently zoned MX, Mixed Density District; (2) a 0.71 acre portion of property
bearing Official Tax No. 6660105, located adjacent to Rutgers Avenue, N.W., and
Hershberger Road, N.W., and adjacent to Official Tax No. 6660106, and currently zoned
CLS, Commercial Large Site District; (3) a 0.675 acre southern portion of property
bearing Official Tax No. 6660105 and fronting 1419 Hershberger Road, N.W., adjacent
to Official Tax No. 6660124, and currently zoned CLS, Commercial Large Site District;
and (4) a 1.432 acre northern portion of property bearing Official Tax No. 6660103,
located at 5002 Airport Road, N.W., and currently zoned CLS, Commercial Large Site
District.
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended,
O-Fairway Roanoke, LLC-rezone.docO-Fairway Roanoke, LLC-rezone.doc
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 February 22, 2011, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject properties, and for those reasons, is of the opinion that the hereinafter
described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that the following properties be and are hereby rezoned
to CG Commercial General District: (1) a 0.315 acre parcel located at the intersection of
Rutgers Avenue, N.W., and Hershberger Road, N.W., 1315 Hershberger Road, bearing
Official Tax No. 6660106, currently zoned MX, Mixed Density District; (2) a 0.71 acre
portion of property bearing Official Tax No. 6660105, located adjacent to Rutgers
Avenue, N.W., and Hershberger Road, N.W., and adjacent to Official Tax No. 6660106,
and currently zoned CLS, Commercial Large Site District; (3) a 0.675 acre southem
O-Fairway Roanoke, LLC-rezone.docO-Fairway Roanoke, LLC-rezone.doc
portion of property bearing Official Tax No. 6660105 and fronting 1419 Hershberger
Road, N.W., adjacent to Official Tax No. 6660124, and currently zoned CLS,
Commercial Large Site District; and (4) a 1.432 acre northern portion of property bearing
Official Tax No. 6660103, located at 5002 Airport Road, N.W., and currently zoned CLS,
Commercial Large Site District, subject to certain conditions proffered by the applicant,
as set forth in the Zoning Amended Application No.1 dated January 25,2011.
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: .
~t2.~o~
O-Fairway Roanoke, LLC-rezone.docO-Fairway Roanoke, LLC-rezone.doc
To:
Meeting:
Subject:
CITY COUNCIL AGENDA REPORT
Honorable Mayor and Members of City Council
February 22, 2011
Request from Charles and Noralu Michael and Fairway Roanoke,
LLC, to rezone the following parcels to CG, Commercial General
District, for uses permitted in the CG, Commercial General District:
(1) a 0.315 acre parcel located at the intersection of Rutgers
Avenue, N.W., and Hershberger Road, N.W., 1315 Hershberger
Road, bearing Official Tax No. 6660106, currently zoned MX, Mixed
Density District; (2) a 0.71 acre portion of property bearing Official
Tax No. 6660105, located adjacent to Rutgers Avenue, N.W., and
Hershberger Road, N.W., and adjacent to Official Tax No. 6660106,
and currently zoned CLS, Commercial Large Site District; (3) a
0.675 acre southern portion of property bearing Official Tax No.
6660105 and fronting 1419 Hershberger Road, N.W., adjacent to
Official Tax No. 6660124, and currently zoned CLS, Commercial
Large Site District; and (4) a 1.432 acre northern portion of property
bearing Official Tax No. 6660103, located at 5002 Airport Road,
N.W., and currently zoned CLS, Commercial Large Site District.
Planning Commission Public Hearing and Recommendation
Planning Commission public hearing was held on Thursday, January 20, 2011.
After presentation by the applicant, the Commission voted 7-0 to recommend
approval of the request, finding the application to rezone portions of Official Tax
Map Numbers 6660103, 6660105, and 6660106 to be consistent with the City's
Zoning Ordinance, Vision 2001-2020, and the Williamson Road Area Plan.
Rezoning will allow this underu~ed property to be redeveloped in the future.
Application Information
Request: Rezone from MX, Mixed Density District, and CLS,
Commercial Large Site District, to CG, Commercial
General District
Owner/Applicant: Charles and Noralu Michael and Fairway Roanoke, LLC
Representative: Balzer and Associates
City Staff Person: Frederick Gusler
Site Address/Location: 1419 & 1535 Hershberqer Rd, 5002 Airport Rd
Official Tax Nos.: 6660103,6660105, and 6660106
Site Area: 3.132 Acres .
Existing Zoning: MX, Mixed-use & CLS, Commercial Large Site
Proposed Zoning: CG, Commercial-General
Existing Land Use: Financial Institution, parking lot
Proposed Land Use: Commercial
Neighborhood Plan: Williamson Road Area Plan
Specified Future Land Mixed Use Redevelopment
Use:
Filing Date: December 2, 2010
Background
The applicant requests rezoning of three non-contiguous pieces of property along
the frontages of Crossroads Mall. Two of the three properties have buildings on
them, while the other is used for parking. Outparcel 1 at Hershberger Road and
Rutgers Street is a vacant former bank building. Outparcel 2 is along
Hershberger Road and is part of the parking lot for the mall. Outparcel 3 on
Airport Road is occupied by a vacant movie theater.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North CLS, Commercial Larqe Site Commercial
South CG, Commercial General with conditions, IN, Commercial, Religious
Institutional Institution
East MX, Mixed-use with conditions, Office, Commercial,
CG, Commercial General Single-family Residential
West CLS, Commercial Larqe Site Commercial
Compliance with the Zoninq Ordinance:
The proposed outparcels will all be larger than the 10,000 square foot minimum
required in the CG district. The existing buildings on two of the properties
(outparcels 1 and 3) are vacant. Their previous uses were permitted in the CG
district. The proposed parcels do not meet the minimum lot size requirements in
the CLS district.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020, the City's Comprehensive Plan recommends redevelopment
of the Crossroads Mall property. The Economic Development Chapter of Vision
2001 includes these action items:
· "ED A29: Initiate small-area plans and appropriate rezoning for the
Crossroads area to consider a mix of high-density residential, commercial,
and research and development."
· "ED A33: Explore redevelopment of areas identified for industrial,
commercial, or mixed use development or reuse such as: ... Crossroads
Mall area"
2
The Williamson Road Area Plan follows the guidance of the comprehensive plan,
recommending that the mall and adjoining parking lot area be redeveloped. The
future land use plan designates it as "Mixed Use Redevelopment." In the 2005
update of the Zoning Ordinance, most of the mall land was zoned CLS.
While the applicant's request does not directly address the mixed-use
redevelopment goals of Vision 2001-2020 and the Williamson Road Area Plan, it
addresses their intent incrementally by promoting redevelopment of smaller
portions of the mall site. A significant number of policies and actions of Vision
2001-2020 recommend the redevelopment of older commercial and industrial
sites. Rezoning these smaller parcels will foster additional opportunities for
redevelopment and further the goals of the comprehensive and neighborhood
plans.
A large portion of Crossroads Mall has been redeveloped to some extent since
the adoption of Vision 2001-2020 and the Williamson Road Area Plan (adopted
in 2004). In 2005 Advance Auto renovated and moved into a portion of the mall
for office space, which it continues to occupy. Though a wholesale
redevelopment of the mall site may still be viable in the future, to date it has been
incrementally redeveloped and repurposed. This request will continue that trend.
Conformity with Vision 2001-2020's Desian Principles:
Design Principles: Application's Conformity:
Site development should be maximized The request will reduce parking area
through reduced parking spaces, and encourage development along
increased lot street frontages. No specific parking
coverage, and parcels developed along arrangements are included; however
street frontages. Shared parking should the parcels are oriented in a manner
be that parking could be shared.
encouraged.
Residential and commercial buildings The CG front yard setbacks will allow
should be located very close to streets buildings closer to the street than the
with low vehicle speeds. current CLS. The MX front yard
setback requirements are the same as
the CG.
Building fronts and entrances should No site plan is included in the request
face a street.
Page 105 of Vision 2001-2020 and page 23 of the Williamson Road Area Plan
include an example of a concept plan entitled "Reuse of Older Commercial
Center" in which new buildings are constructed in a former parking area close to
the street, while the older structures remain. The proposed request will follow this
general pattern.
If the parcels are developed or redeveloped, the CG district would provide for
building orientation to the street because it has a maximum yard depth and
parking is not permitted to be located between the frontage and the building. For
3
corner lots, these requirements apply to one frontage. The MX district has the
same requirements. In contrast, the CLS district has no maximum yard and
permits parking between the building and the frontage.
Outside AQencv Comments:
None.
City Department Comments:
Transportation staff advised that all parcels should include cross access
easements, that there should be no additional curb cuts, and the curb cut on
Rutgers Street should be eliminated with any redevelopment. These access
issues should be addressed during comprehensive development plan review
when development occurs.
Public Comments:
None.
PlanninQ Commission Work Session:
Prior to the work session, a commissioner expressed concern with future building
placement, noting that the CG district does not require that buildings directly abut
or face the street frontage.
The Commission came to a consensus that the orientation of any future buildings
on these parcels should be addressed in the rezoning application. The
commission's concern is that the setback requirements of the zoning ordinance
are not sufficient enough to guarantee that any buildings will be close to the
street, and that the back side of a building may be facing the street with the
primary entrance on the interior of the parking lot. The Commission would like the
applicant to address the building setback distance and entrances and
fenestration on the side of their buildings that will face the street.
PlanninQ Commission Public HearinQ Discussion:
Mr. Williams said that the applicant did not address the Commission's concerns
regarding the setback of the building. The applicant's representative explained
that there were concerns with moving the building up close to the sidewalk, as
there are drainage and utilities in this area and any future tenant needs some
flexibility in the placement of the building. He also explained that the CG district
would entail a closer setback than the current CLS zoning. All commissioners
with the exception of Mr. Futrell enquired about the setback requirements and the
proposed proffer. Mr. Hale was not concerned with the setback as Mr. Williams
was, and Ms. Katz was concerned with the appearance of the structure from the
street.
Mr. Williams concluded by saying that he wasn't sure the request furthers the
intent of the comprehensive plan and the neighborhood plan, but that the proffers
made it better. Mr. Chittum said that some of the forthcoming zoning ordinance
amendments would address some of his concerns and preclude future proffers
4
such as this. Mr. Talevi asked the applicant to spell out the two acronyms used in
the proffer language.
~L~
Angela Penn, Chair
City Planning Commission
cc: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
5
1,:
Zoning Amendment
Application
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ROANOKE
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Click Here to Print I
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Submittal Number: IAmended Application NO.1
Date: IJanuary 25. 2011
Request (select all that .pply):
o Rezoning, Not Otherwise Listed
[gJ Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
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Address: ~~& 1419 H;r~hb;'~er Road NW., & 5002 Airport Road N.W. .-..----
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Existing Base Zoning: F-~-'X~D U~~-&~~S~ ~~M~E~~;~~:A~~~~IT-~ ') 0 With Conditions
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Ordinance No(s). for Existing Conditions (If applicable): 1~~t~~~lic.a~le.. .... ..... _. .__. ......_____.__..___.____.__--'
Requested Zoning: rc~~~~~~-~;~-~~~;~I.-J Proposed Land Use: Per~.~~~.~~.~~~~~i~~~~ t.he Comme;;i'~i G~-~~;,~I District I
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Property Owner's Signalure:
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o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
_.__________.__...v___._._._ _. .___..".__.___.._,....__._.~___..____._._._______
Applicant's Signature:
Authorized AgwJ"fgr"llUltJ2f.J I1t.BRJ)lIcable )1
Name: IBa'z~r ~~~;~~~~~~I~~~ A~tn: Mr. Sean -HO-;;;;-d--....-_=~~_.:.q:_~~..=_:=_J Phone Number: l_._.~ >?!.~~580
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: ---===: -----.------ -- ......- .
Authorized Agent's Signature:
Zoning Amendment
Application
Department of Planning, Building and Development
Room 166, Noel C, Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Click Here to Print
~ :.----.-'---...------....-..-.-l
Date: January 25,2011
_._____.___......________....__._........__J
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Submittal Number: jf\n1l'ndrd AppliGltion No, 1
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LJ Rezoning. Not Otherwise Listed
[~] Rezoning, Conditional
U Rezoning to Planned Unit Developmenl
[] Establishment of Comprehensive Sign Overlay District
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Address: [1.~ 3'~'& -;..~; ~..~ ~;S'I~~.~r-.?~:tl.~~.~~..'~.0~:~. ~...i.~~,~. ~~r?.~~.I~~~=~j~~~~:__..~ ~"~.."~-.~-.___-. _....
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; AfJlcndlll8nl of Proffered Conditions
l. ! Amendment of Plannecl Unit Development Plan
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1~.O. Box 8:.10 Roanoke, VA 24004-0840
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Crossroads Outparcel Rezoning Narrative:
This is a request to rezone multiple tracts at the Crossroads Mall Shopping Center to
CG( General Commercial) to allow for the creation of three new outparcels. The CG
zoning designation is being requested to allow for the creation of appropriate sized
outparcels that will greatly enhance the redevelopment potential of the Crossroads Mall
area.
This request is in full compliance with the Roanoke City Comprehensive Plan.
Designated as mixed use redevelopment, the plan calls for this area to be developed with
a variety of commercial and business uses. This request will encourage this type of
development by providing appropriate sized parcels that will be immediately available
for new development.
The parcels will all be located along existing right of ways and the CG zoning
designation will require that the buildings be located close to the street. This development
pattern is strongly encouraged in the Design Guidelines of the Comprehensive Plan. In
addition, as the properties are purchased and redeveloped, new landscaping will have to
be provided. This will not only reduce the amount of impervious area, but will also
provide a new greener look for the Cross Roads Mall area and the Hershberger Road
Corridor.
Out Parcel #]
Out Parcel # ] will be made up of Tax # 6660]06 and a portion of Tax # 6660] 05.
Tax # 6660] 06 and is currently owned by Charles and Noralu Michael. The property is
0.3.15 acres and is zoned MX.
Tax # 6660] 05, is owned by Fairway Roanoke, LLC. The portion of the property being
rezoned is 0.7] acres and is currently zoned CLS. If rezoned this portion of Tax #
6660] 05 will be combined with Tax # 660] 06 to create Outparcel # 1 as indicated on
Exhibit' A . .
Out Parcel #2
Out Parcel # 2 will be made up of another portion of Tax Parcel #6660]05. It is currently
owned by Fairway Roanoke, LLC and is currently zoned CLS. If rezoned this property
will be subdivided to create a 0.675 acre out parcel indicnted as Out Parcel #2 on Exhibit
'A'.
Out Parcel #3
Out Parcel # 3 will be made up ofa portion of Tax Parcel #6660103. It is currently
owned by Fairway Roanoke, LLC and is currently zoned CLS. If rezoned this property
will be subdivided to create a 1.432 acre out parcel indicated as Out Parcel #3 on Exhibit
'B'.
This request promotes economic development, allows for redevelopment ofunderutilized
space, reduces areas that are over parked, will ultimately enhance the area with new
construction, new landscaping and reduced impervious areas, and does so without
disturbing raw land. In summary, by approving the rezoning of these proposed outparcels
to CO, the city will be promoting the orderly redevelopment of the Crossroads Mall area
as called for in the Roanoke City Comprehensive Plan.
Rezoning proffers:
Charles and Noralu Michael and Fairway Roanoke, LLC
Crossroads Mall outparcels
January 28, 2011
1. In any new development of the properties, a minimum of forty (40)
percent of the ground floor primary building fac;:ade shall be transparent
from the street through the provision of glass. Such transparency shall
begin at a height no greater than three (3) feet above the grade of the
adjacent sidewalk or the finished grade of the site. In the case of corner
lots, the above requirement shall only apply to one street frontage. On
the second street frontage a minimum of twenty (20) percent of the
ground floor primary building fac;:ade shall be transparent from the street
through the provision of glass.
2. Any new development of the properties shall consist of buildings that are
finished on all sides. No cinder block will be allowed as a finish materiaL
Allowable primary finish siding materials are Brick, Exterior Insulation
Finishing System (EIFS), Stone, split face block, ground face concrete
masonry units (eMU), wood and/or simulated wood product. Other
materials may be allowed as accent and trim.
3. Any new building constructed along Hershberger Road shall have a main
pedestrian entrance on at least one side of the building other than the
side which is opposite the Hershberger Road frontage.
4. Should expansion of any of the existing buildings takes place, then these
proffers shall apply only to the newly constructed portions of the
buildings.
:,. L
.
Vicinity Map
City of Roanoke, Virginia
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Adioininl! Property Owners of Tax Map # 6660106. 6660105. 6660103
City of Roanoke Tax #: 6660110
Property Address: ] 420 Towne Square Boulevard N. W.
Owner: Town Square LLC
Mailing Address: 3333 New Hyde Park, Suite 100
New Hyde Park, NY 11042
Zoning: CLS- Commercial Large Site
City of Roanoke Tax #: 66601] 6
Property Address: Rutgers St NW
Owner: Towne Square Joint Venture
Mailing Address: 3333 New Hyde Park, Suite 100
New Hyde Park, NY ] 1042
Zoning: CLS- Commercial Large Site
City of Roanoke Tax #: 6660124
Property Address: 1401 Hershberger Rd NW
Owner: Ninety Nine Lafayette Ave Realty Ent
Mailing Address: 919 E Main St
Richmond, VA 23219
Zoning: CLS- Commercial Large Site
City of Roanoke Tax #: 6660123
Property Address: 1335 Hershberger Rd NW
Owner: Puglisi Family Limited Partnership
Mailing Address: P.O. Box 182571
Columbus, OH 43218
Zoning: CLS- Commercial Large Site
City of Roanoke Tax #: 6660122
Property Address: 1309 Hershberger Rd NW
Owner: MPW Group LLC
Mailing Address: P.O. Box 18
Salem, VA 24153
Zoning: CLS- Commercial Large Site
City of Roanoke Tax #: 6660121
Property Address: 130 I Hershberger Rd NW
Owner: Barbis, John A. & Maria A.
Mailing Address: 535 Marriott Dr
Nashville, TN 37214
Zoning: CLS- Commercial Large Site
City of Salem Tax #:
Property Address:
Owner:
Mailing Address:
Zoning:
City of Salem Tax #:
Property Address:
Owner:
Mailing Address:
Zoning:
City of Salem Tax #:
Property Address:
Owner:
Mailing Address:
Zoning:
City of Salem Tax #:
Property Address:
Owner:
Mailing Address:
Zoning:
6660120
5002 Cross Rd NW
REP A Property Management and Development
1525 Ashley Dr
Salem, VA 24153
CLS- Commercial Large Site
6660114
5234 Airport Rd NW
Skyline Holdings LC
227 Trade St
Charlotte, NC 28202
CLS- Commercial Large Site
6660111
1366 Towne Square Blvd NW
Town Square LLC
3333 New Hyde Park, Suite 100
New Hyde Park, NY I 1042
CLS- Commercial Large Site
6660112
5002 Airport Rd NW
Crossroads Center Roanoke LLC
P.O. Box 8860
Mobile, AL 36689
CLS- Commercial Large Site
J3ALZEQ
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LEGAL DESCRIPTIONS:
OUTP ARCEL #1
BEGINNING AT A POINT (POB) at the northeasterly i~tersection of the right-of-way line of
Hershberger Road, N.W. and the right-of-way line of Rutgers Street, N.W.; thence following the easterly
right-of-way of Rutgers Street, N.W. NI3045'30"W, 10.72 feet to a point; thence along a curve to the left
having a radius of 4141.54 feet, an arc distance of J 66.35 feet and a chord bearing of N I4054'33"W,
166.34 feet to a point; thence leaving the easterly right-of-way line of Rutgers Street, N.W. N74045'05"E,
216.40 feet to a point; thence S33026'I9"E, 189.30 feet to a point on the northerly right-of-way line of
Hershberger Road, N.W.; thence with the northerly right-of-way line of Hershberger Road, N.W.
S73"44'08"W, 68.80 feet to a point; thence continuing with the northerly right-of-way line of Hershberger
Road, N.W. along a curve to the right having a radius of2809.29 feet, an arc distance 01'208.06 feet and a
chord bearing ofS75"5J '27"W, 208.01 feet to the Point of BEGINNING, being all of Tax Parcel
#6660106 NIF Charles H. Michael Deed Book 1642, Page 1353, and a portion of Tax Parcel #6660105
Parcel 6 shown on "Subdivision Plat for Crossroads Center, L.L.C." prepared by Balzer & Associates,
Inc. dated December 8, 2004, recorded in the clerk's office of the circuit court of the City of Roanoke,
Virginia in Map Book 1, Pages 2886-2889 containing 1.019 acres (OlJTPARCEL#I).
OUTPARCEL #2
BEGINNING AT A POINT at the northeasterly intersection of the right-of-way line of
Hershberger Road, N.W. and the right-of-way line of Rutgers Street; thence following the northerly right-
of-way of Hershberger Road, N.W. along a curve to the left having a radius 01'2809.29 feet, an arc
distance 01'208.06 feet and a chord bearing ofN75"5I'27"E, 208.0] feet to a point; thence continuing with
the northerly right-of-way of Hershberger Road, N.W. N73"44'08"E, 330.53 feet to the true POINT OF
BEGINNING (POB); thence leaving the northerly right-of-way of Hershberger Road, N.W. along a curve
to the right having a radius of 60.00 feet, an arc distance of 74.60 feet and a chord bearing of
N70"38'52"W, 69.88 feet to a point; thence N35"0 j'52"W, 57.02 feet to a point; thence N5?,'38'] 8"E,
225.80 feel to a point on the westerly boundary of Tax Parcel #6660] 24 Parcel 5 shown on "Subdivision
Plat for Crossroads Center, L.L.c." prepared by Balzer & Associates, Inc. dated December 8,2004,
recorded in the clerk's office of the circuit court of the City of Roanoke, Virginia in Map Book I, Pages
2886-2889; thence along the westerly boundary of Tax Parcel #6660124 Parcel 5 S33"50'46"E, ] 65.00
feet to a point on the northerly right-of-way of Hershberger Road, N.W.; thence with the northerly right-
of-way of Hershberger Road, N.W. S73"44'08"W, ] 9].64 feet to the Point of BEGINNING, being a
portion of Tax Parcel #6660105 Parcel 6 shown on "Subdivision Plat for Crossroads Center, LLC."
prepared by Bal.zer & Associates, Inc. dated December 8, 2004, recorded in the clerk's office of the circuit
court of the City of Roanoke, Virginia in Map Book 1, Pages 2886-2889 containing 0.675 acres
(OUTPARCEL #2).
OUTPARCEL #3
BEGINNING AT A POINT (POB) along the westerly right-of-way line of Airport Road, N.W. at
the southeasterly comer of Tax Parcel #6660114 N/F Skyline Holdings, LC. Deed Book 1771, Page 706,
and the northeasterly comer of Tax Parcel #6660 I 03 Parcel A I shown on "Subdivision Plat for
Crossroads Center, L.L.c." prepared by Balzer & Associates, Inc. dated December 8,2004, recorded in
the clerk's office of the circuit court of the City of Roanoke, Virginia in Map Book I, Pages 2886-2889;
thence with the westerly right-of-way line of Airport Road, N .W. S35030'40"E, 192.50 feet to a point;
thence leaving the westerly right-of-way line of Airport Road, N.W. S55"55'IO"W, 303.55 feet to a point;
thence N34004'50"W, 57.01 feet to a point; thence S55"55'IO"W, 32.62 feet to a point; thence
N34004'50"W, 135.43 feet to a point on the southerly boundary of Tax Parcel #6660114 N/F Skyline
Holdings, LC. Deed Book 1771, Page 706; thence with the southerly boundary of Tax Parcel #6660114
N55"55'lO"E, 33 \.36 feet to the Point of BEGINNING, being a portion of Tax Parcel #6660103 Parcel
A I shown on "Subdivision Plat for Crossroads Center, L.L.c." prepared by Balzer & Associates, Inc.
dated December 8, 2004, recorded in the clerk's office of the circuit court of the City of Roanoke, Virginia
in Map Book I, Pages 2886-2889 containing 1.432 acres (OUTP ARCEL #3). .
. Page 2
--
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NOTICE OF PUBLIC
HEARING
The Council of the City of
Roanoke will hold a pUblic
I hearing on Tuesday
'I~ February 22, 2011, at 7:00
" p.m., or as soon ,thereafter
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - 'h as the matter may be
IY heard. in the Council
I \ Chamber, fourth floor. in
I the Noel C. Taylor Municipal
, Building, :115 Church
I ! Avenue, S.W.. Roanoke
II Virginia, to consider th~
I following:'
I' Request from Charles and
I . Noralu Michael and Fairway
I Roanoke. LLC. to rezone the
Ii following parcels to CG
i C,ommercial Generai
I I ~Istnct. for uses permitted i
L In the CG, Commercial
I ' Gene,ral District, subject to
I I certain proffered conditions:
(1) a 0,315 acre parcel'
I . located at the intersection :
. of Rutgers Avenue,-N.W., '
I and Hershberger Road !
N,W" 1315 Hershberge; ,
I Road, bearing Official Tax,
No. 6660106, currently
I zoned MX, Mixed Density
District; (2) a 0,71 acre
I portion of property bearing
Official Tax No, 6660105
I located adjacent to Rutger~
I Avenue, N,W., and
Hershberger Road, N.W,.
I and adjacent to Official Ta'x
No. 6660106, and currently
I zoned CLS. Commercial
Large Site District; (3).a
I 0.675 acre southern portion
I of property bearing Official:
Tax No, 6660105 andl
I fronting 1419 Hershberger.,
Road, N. W., adjacent to
I Official Tax No. 6660124,"
and currently zoned CLS
I Comme'rcial Large' Sit~
District; and (4) a 1.432,
I acre northern portion of,
property bearing Official Tax)
I No. 6660103, located at'
5002 Airport Road, N.W.,'
I and currently zoned CLS :
Commercial Large Sit~1
I ,District. The proposedl
I ;general usage of the!
\P rope rt y is g e n era I
I )cOmmercial with ,a floor
area'ratio up to 5.0. The
I ,comprehensive plan'
d~signates the property for
I ,~Ixed use redevelopment,
I ,With no density or floor area
ratio specified.
I J. A coPy of the application
>'s ayallable for review In the
\ 111111 I ,Office of the City Clerk
" I I 11II ;Room 456, Noel C. Taylo;
""...\'0'< A Lq I_"', I :Municipal Building, 215
......' t'...\~............rA_ ", .Church Avenue, S.W.,
/)..r' . '7. I Roanoke, Virginia.
~ (jJ'" ' NOTARY". ~ -:. 1 .A.II parties in interest and
:: .. PUBLIC " V ~ I ,cItizens may appear on the
- , - ,.above date and be heard on
: * : REG. #7090930 ': * -= I ,the matter. If you are a
_- '. MY COMMISSION: _- I person With. a disability who
needs 'accommodations-for
-.: C? " rnR~ : ~ :: I this hearing. please coniaCi '
~ 0 " ( {~' s :: ~' the City Clerk's Office at
-:. ~- '. .... - ('~ ~ I 853.2541, before noon' on ,
" ''':7"0 ". ..' ."V'" the Thursday before the,
TOTAL COST: 605 ,28 "", ~/A."""" ~, ,......, date.of the 'hearing listed'
" YVcA LTH (j t ,'" I above.
FILED ON: 02/16/11 1I1I II" I GIVEN under Il)yhand this ,
6 111.1\ I \'. . ,4th day of ~ebruary, 2011. ,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - ~, Stephanie M. Moon, MMC : _ _
I City Clerk. I
I
, (12522607)
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
~;
it
!e
The
Roanoke
Times
BALZER AND ASSOCIATE
1208 CORPORATE CIRCL
ATTN: SEAN HORNE
ROANOKE VA 24018
I~TT'" 1-'LE'w ,.j l' i:j:'D ';:'4' ilr1(ijq:/q
.." 01. 1 'J r:.f\. J. ! L-LI L... n. _' _' -r.__
REFERENCE:
80033818
12522607
NPH-Fairway Roanoke,
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
new~raper 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 FEB 2011, Witness my hand and
official seal.
Notary Public
PUBLISHED ON:
02/09
02/16
Authorized ~ ../l- -mr:-,l~/.. I - .. .. -
Signature'__~~;r~_~_t~_'
Billing Services Representative
1\~
.,
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Tuesday, February 22,
2011, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church A venue, S. W., Roanoke, Virginia, to
consider the following:
Request from Charles and Noralu Michael and Fairway Roanoke, LLC, to
rezone the following parcels to CG, Commercial General District, for uses
permitted in the CG, Commercial General District, subject to certain
proffered conditions: (1) a 0.315 acre parcel located at the intersection of
Rutgers Avenue, N.W., and Hershberger Road, N.W., 1315 Hershberger
Road, bearing Official Tax No. 6660106, currently zoned MX, Mixed
Density District;. (2) a 0.71 acre portion of property bearing Official Tax No.
6660105, located adjacent to Rutgers Avenue, N.W., and Hershberger Road,
N.W., and adjacent to Official Tax No. 6660106, and currently zoned CLS,
Commercial Large Site District; (3) a 0..675 acre southern portion ofproperty
bearing Official Tax No. 6660105 and fronting 1419 Hershberger Road,
N.W., adjacent to Official Tax No. 6660124, and currently zoned CLS,
Commercial Large Site District; and (4) a 1.432 acre northern portion of
property bearing Official Tax No. 6660103, located at 5002 Airport Road,
N.W., and currently zoned CLS, Commercial Large Site District. The
proposed general usage of the property is general commercial with a floor
area ratio up to 5.0. The comprehensive plan designates the property for
mixed use redevelopment, with no density or floor area ratio specified.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 4thdayof February
, 2011.
,,/...--
/"
//
//
/
/
Stephanie M. Moon, CMC
City Clerk.
Fairway Roanoke, LLC-rezone.doc
Notice to Publisher:
Publish in the Roanoke Times on Wednesday, February 9, and Wednesday, February 16, 2011.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Fairway Roanoke, LLC-rezone.doc
Send Bill to:
Sean Horne
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
(540) 772-9580
.?
.'.
REZONING to CG, no conditions
1535 Hershberger Road, N.W., Tax No. 6660106, zoned MX
1419 Hershberger Road, pt. of 6660106, 5002 Airport Road,
pt. of 6660103, zoned CLG
)
)
) AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is
Secretary to the Roanoke City Planning Commission, and as such is competent
to make this affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as
amended, on behalf of the Planning Commission of the City of Roanoke, she has
sent by first-class mail on the 3rd day of January, 2011, notices of a public
hearing to be held on the 20th day of January, 2011, on the request captioned
above to the owner or agent of the parcels as set out below:
T ax No. Owner MailinQ Address
2190101 Robert and Carmala Kelly 5101 Airport Road, NW
Roanoke,VA 24012
2190102 Kathy L. Hiler POBox 19575
Roanoke, VA 24019
2190103 Mar; and Cathe Mengarelli 5111 Airport Road, NW
Roanoke, VA 24012
2190104 R. Scott Fisher 5115 Airport Road, NW
Roanoke, VA 24012
2190105 Sandra G. Taylor 5119 Airport Road, NW
Roanoke, VA 24012
2190106 L. George Peroulas 3212 Christian Avenue, NW
Roanoke, VA 24012
2190107 John and Sonia Osborne 2838 Blacksburg Road
Troutville, VA 24175
2190501 Bank of America NA 101 N. Tryon NC10
Charlotte,NC 28255
2190510 Sich Thingoc Nguyen 1116 Maitland Avenue, NW
Roanoke, VA 24012
_..._~~-~ .II _ _ __.L _ I _ ...... ,..... 1""'\ _ _ _ ,.." ..
,,;
2191106 Jennpea's Holdings Inc. 101 N. Maple Avenue
Covington, VA 24426
2270101 Valley Bank Finance Dept. POBox 2740
2281102 Roanoke, VA 24001
2281101
2270103 Appalachian Power Co. 40 Franklin Road, SW
Roanoke, VA 24016
2271004 Snyder Hunt Company LLP 3959 Electric Road
Roanoke, VA 24018
2280604 Trustees Airlee Court Baptist 1312 Hershberger Road
2280602 Church Roanoke, VA. 24012
2280201
2280103
2280605 First Union National Sank POBox 2609
Carlsbad, CA 92018
2280606 Tacoma Inc. 328 E Church Street
Martinsville, VA 24112
2280801 SW Telco Federal Credit Union 1430 Hershberger Road
Roanoke, VA 24012
2280802 Sau Danh 3646 Brambleton Avenue
Roanoke, VA 24014
6660108 Allred Investment Co. POBox 25048
Winston-Salem, NC 27114
6660109 SW V A Savings and Loan POBox 600
Christiansburg, VA 24068
6660111 Towne Square LLC 3333 New Hyde Park
6660110 Suite 100
6660116 Towne Square Joint Venture New Hyde Park, NY 11 042
6660112 Crossroads Center Roanoke LLC POBox 8860
Mobile, AL 36689
6660114 Skyline Holdings LC 227 Trade Street
Charlotte, NC 28202
6660120 REPA Property Management 1525 Ashley Drive
and Development Salem, VA 24153
6660121 John and Maria Barbis 535 Marriott Drive
Nashville, TN 37214
---- ..-- . .__. I _ ~,....".. ......___...n
J(
.
Notice also sent to Ben Burch, Airlee Court NH Watch Association, 923 Curtis
Avenue, NW, 24012
~A<} ~ii W wllv
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 3rd day of January, 2011. .
~9
wcJ...J\c.c-
Notary Public
REBECCA JO COCKRAM
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#16613~ I~'~II
MY CQmmlaslon Expire~
..
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
February 7,2011
Sean Horne
Balzer and Associates
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
~cehe'y:.. .
"~~~J '('t). ~
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy 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. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 7, 2011
To Adjoining Property Owners
Ladies and Gentlemen:
..J
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,
February 22, 2011, 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 Charles and Noralu Michael and Fairway Roanoke, LLC, to rezone the
following parcels to CG, Commercial General District, for uses permitted in the CG,
Commercial General District, subjectto certain proffered conditions: (1) a 0.315 acre parcel
located at the intersection of Rutgers (Avenue and Hershberger Road and 1315 Hershberger
Road, currently zoned MX, Mixed Density District; (2) a 0.71 acre portion of property located
adjacent to Rutgers Avenue and Hershberger Road, N. W., currently zoned CLS, Commercial
Large Site District; (3) a 0.675 acre southern portion of property fronting 1419 Hershberger
Road, N. W., currently zoned CLS, Commercial Large Site District; and (4) a 1.432 acre
northern portion of property located at 5002 Airport Road, N. W., currently zoned CLS,
Commercial Large Site District.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions wit~ regard to the matter, please call the Department
of Planning, Building and Development at 540-853-1.730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540-853-2541.
Sincerely,
A. nr~
Stephanie M. Moon, MMC
City Clerk
SMM:ctw