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HomeMy WebLinkAboutCouncil Actions 03-19-12 LEA 39325-031912 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 19, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Bestpitch was absent. The Invocation was delivered by The Reverend Josh J. Coldren, Pastor, Crossroads 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 be televised live and replayed on RVTV Channel 3 on Thursday, March 22 at 7:00 p.m., and Saturday, March 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 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. EF:FORTS 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 BYTHE 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. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: FAIR HOUSING BOARD - TWO VACANCIES HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION - ONE VACANCY ROANOKE NEIGHBORHOOD ADVOCATES - TWO VACANCIES TOWING ADVISORY BOARD - ONE VACANCY (CITIZEN AT LARGE REPRESENTATIVE) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring March 2012 as American Red Cross Month. The Mayor presented a ceremonial copy of proclamation to Amy Whittaker, Regional Director, Public Affairs; and Tom Johnson, Chairman, Roanoke Valley Chapter, American Red Cross. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Larry Black appeared before the Council and asked that a Commission of five to seven members be created for the purpose of establishing the old Fire Station No.1 as Roanoke Firefighter's Museum. Fred Donaher requested that no cuts be made to the Valley Metro bus service. He explained that it is an important asset to Roanoke and its economy. Robert Gravely encouraged Council to be aware of the rights of all individuals in the City of .Roanoke. 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. C-1 2011 Annual Report of the Architectural Review Board. RECOMMENDED ACTION: Received and filed. Removed from the Consent Agenda for separate discussion. (See below.) C-2 Report of qualification of Troy Rech as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31,2015. RECOMMENDED ACTION: Received and filed. 3 REGULAR AGENDA C-1 2011 Annual Report of the Architectural Review Board. Derrick Cundiff, Chair, Architectural Review Board (ARB), emphasized that . great efforts had been made to streamline the review process. He commented that the average meeting time had decreased from two hours to forty minutes. He further commented that the goal of the ARB was to be more proactive in the community and to preserve the moment for renovation. Following comments from the Council, the 2011 Annual Report was received and filed. 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds in connection with a DUI Grant from the Virginia Department of Motor Vehicles (DMV) for Fiscal Year 2012. Adopted Resolution No. 39325-031912 and Budget Ordinance No. 39326-031912 (6-0). 2. Acceptance and appropriation of funds in connection with a Highway Safety Grant from the Virginia Department of Motor Vehicles (DMV) for Fiscal Year 2012.. Adopted Resolution No. 39327-031912 and Budget Ordinance No. 39328-031912 (6-0). 3. Acceptance and appropriation of funds in connection with a United States Marshals Service (USMS) Grant for Fiscal Year 2012. Adopted Resolution No. 39329-031912 and Budget Ordinance No. 39330-031912 (6-0). 4 4. Execution of Amendment NO.2 to the Roanoke Valley Regional Cable Television Committee Agreement with the City of Roanoke, County of Roanoke and the Town of Vinton. Adopted Ordinance No. 39331-031912 (6-0). 5. Adoption of the 2012 Edition of the Emergency Operations Plan for the City of Roanoke. Adopted Ordinance No: 39332-031912 (6-0). COMMENTS BY CITY MANAGER. . Thanked staff for their work on the successful St. Patrick's Day celebration. . Announced that another Citizen's Green Academy had start~d March 1 and graduation would be March 29. . Called attention to the Financial Fitness Fair to be held on Saturday, March 24 from 11 :00 a.m. to 5:00 p.m. at the Roanoke Civic Center. . Pointed out that Clean Valley Day would be held on Saturday, March 31 at 8:30 a.m. with the kick off to take place at Vic Thomas Park. b. DIRECTOR OF FINANCE: 1. Adoption of the 2012 Tax Year Personal Property Tax Relief Percentage. Adopted Resolution No. 39333-031912 (6-0). 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that. Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39334-031912 (6-0). ) 9. UNFINISHED BUSINESS: a. Consideration of a resolution abolishing the War Memorial Committee. (The matter was tabled at the August 18, 2008 Council Meeting.) Adopted Resolution No. 39335-031912 (6-0). 5 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. Council Member Lea inquired about the lack of signage directing vehicular traffic to the Martin Luther King Statue located on First Street, N. W.; whereupon, Mr. Stovall explained that VDOT has stringent requirements for signage on 1-581/US 220/460; and in an effort to be consistent with the State, the City's policy has been to coordinate vehicular signage with VDOT's signage. He further stated that City staff would contact VDOT for clarification and would also revisit the issue and report back to the Council within 30 days. b. Vacancies on certain authorities; boards, commissions and committees appointed by Council. NONE. AT 2:59 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 6 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 19, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. 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 642 of Faith Christian Church. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, March 22 at 7:00 p.m., and Saturday, March 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation by Westside Elementary School Students. Jeff May, Coordinator. The Mayor recognized the Westside Elementary Step Team. B. PUBLIC HEARINGS: 1. Request of David O. Williamson, on behalf of RYT, LLC, to repeal all proffered conditions set forth in the First Amended Petition filed on August 17, 1994, pertaining to a parcel of land at 752 Orange Avenue, N. E. David O. Williamson, Esquire, Spokesperson. Adopted Ordinance No. 39336-031912 (7-0). 7 2. Proposal of the City of Roanoke to enter into a contract conveying an approximately 5.310 acre portion of City-owned property at 4412 Huff Lane, N. W., the former Huff Lane Elementary School, to NDRA II, LLC, in orderto construct commercial buildings on the site. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 39337-031912 (7-0). C. .HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. The following individuals appeared before Council with regard to Valley Metro Service, i.e., extended hours and increase in salary for bus drivers: J.ohn Kazos, Sr., Jhonny Williams, David Shelton, Debra Richardson, Cheryl Daniels; Wayne Bernard, James O'Connor, Clifford Headrick, Roger Bryce and Earl Trout. Vice-Mayor Trinkle commented that he currently serve on the Greater Roanoke Transit Company Board of Directors and felt as if there was a disconnect of information. He commented that a lot had been done to increase service to the public; and that the City was committed to providing the service. Mr. Stovall added that there were no plans to reduce service or staff at Valley Metro. He reminded Council that the subsidy to Valley Metro had been increased by 40 percent, but the subsidy was not sustainable over a long period of time. He continued that there had been a three percent increase in base pay for Valley Metro employees during the 2008-2009, 2009-2010, and 2010-2011 fiscal years. Mr. Stovall explained that expansion of the bus service in FY2010 had created a net operating loss and further challenges existed because of rising fuel and health care costs. He pointed out that the City's subsidy increase to Valley Metro service was an indicator of their commitment to the bus service. In response to citizens' comments for increase in service, he pointed out that an increase of service by three hours per day would cost an additional $1.1 million and service on Sundays woul~ cost $1.2 million. 8 Council Member Bestpitch interjected that 40 percent of funding for Valley Metro comes from the City and the remaining portion is provided by State and Federal funds. He suggested that concerns about increase in funds should be directed to the State and Federal level. Council Member Ferris also noted that 72 percent of the funding for the bus service comes from City, State and Federal funding and 28 percent of the funding comes from the fares that are collected. There being no additional remarks by the Members of Council, the citizens' comments were referred to the Ci~y Manager and the General Manager of Valley Metro. Council Member Price acknowledged the accomplishments of the Westside Elementary School Step team and reemphasized that that membership on the team was contingent upon remaining on the A/B Honor Ro11. D. ADJOURN - 8:14 p.m. 9 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 March 19, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear MayorBowers and Members of Council: Q Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. 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 Monday, March 19, 2012. I will let you know as soon as possible if I will not be attending the 7:00 p.m. session. Best wishes for a successful meeting. Sincerely, ~t-~~.~. Council Member WDB/jec '.\~: ... Ili"'" ~n~'~ City Clerk Office of the Mayor CITY OF WHEREAS, the American Red Cross has touched many lives in the Roanoke Valley, as well as across the Country and around the world; WHEREAS, during the month of March, the American Red Cross expresses appreciation to those individuals who contribute to the mission of the Red Cross, whether through time, money or blood, and also invite others to support the organization locally, across the Country and around the world; WHEREAS, the American Red Cross has been synonymous in helping people for more than 130 years; throughout the past year, hundreds of disaster relief operations were launched to help people affected by fires, floods, hurricanes and tornadoes in the United States and international disasters, including the Japan Earthquake and Tsunami Response Project, and its work on the 2010 Haiti Earthquake Response and Recovery Project; WHEREAS, for nearly 100 years United States presidents have called on the American people to support the Red Cross and its humanitarian mission; and because it is not a government agency, the Red Cross depends on public support to continue its humanitarian work, especially during these challenging economic times, which impact the Red Cross and many people in our community and across the nation. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, encourage all citizens to support this organization and its noble humanitarian mission, and do hereby proclaim March 2012 throughout this great All-America City, as AMERICAN RED CROSS MONTH. Given under our hands and the Seal of the City of Roanoke this nineteenth day of March in the year two thousand and twelve. ATTEST: David A. Bowers Mayor ~~ CII'Zty1 ..oJr J ~& BlocK.. determine how best to create the transition into a Museum, The Commission would serve without compensation and would among other thiiigS, s.eek tu~acquire- and-obtaL-rthe-re't-uril-of artifacts for the museum from whatever sources. It would be the further responsibility of the Commission to assure, by appropriate means, the funding for the Museum from the COnIi.1J.ii.11ity as' opposed" to- fu.:ud ;1.1g by City- Council and to arrange for volunteer staffing. Perhaps the City Manager could assist the Commission by naming a member of the staff to provide help as may be needed by the COiiJi.1ilssio.1i"". A great deal of credit must be given the the Transportation Museum for its foresight in collecting and preserving many flrefighting artifacts that might have otherwise been lost for lack uf R.I. approp1ii:tt~. storage"loCa-tion. The" wonderful statue of a kneeling Fireman by the well-known sculptor, Ms. Betty Branch could, perhaps, be accorded a place of honor in front of the Roanoke Firefighters Museum. nntt.. -4-t..~ 'T'~__1-__~_ l\1f"-"'''~''''''m ~f A-4- ~_,1 tt..~ l'l' 1. .II. L.ll.-=:; ~ i:t. U U .J.lUUI. ..l.~ U ~-=:; U.l U ..l'1.l L cu. U.ll.-=:; Roanoke City Market Building anchoring the northem end of the Historic Roanoke City Market and the Roanoke Firefighters Museum and Century Plaza anchoring the southem end, ~Jsit~x~__and local citizens win be treated to 8.n outstanding pedestrian destination. FIREFIGHTER'S MUSEUM Tucked away on the edge of the Historic 1l..LI:---1---L. ~_...L.~--L .!.__ _ .!.__1. .!..- ...1.._ .. _----1.-...J: 1.1I.1.i:lr1\:t;';L J....1:l.~L;.:a. ':l~L J:.~C:t J t;'; W t;';.l .111 Ut;';~ l't;'; ri:l Lt;'; .l1t;';t;';U U.l polish and, coincidentally, a tribute long over due. I found the jewel when my wife and I moved . to the Valley of the Roanoke some 11 years ago. The- jew-e} is" Pi... e- ~wtiOl1 NO". 1, orr CL.lU.vch Ave-. The station was built in 1906 and remained active for around 100 years. In 1966, the Station was designated a Virginia Historic Landmark. \Vhen"the City of Roanoke built a new Fh-e Station at the intersection of Ehn Ave. and Franklin Road a few years ago, Fire Station No. 1 was essentially "retired," It has been ready and quietly waiting, as fire trucks do, until net;';d~'d~ It is time for "polishing" the jewel and for paying tribute to the firefighters of Roanoke who have served, those who serve to protect lives and property, and to those who have given their"llv~es iIr dahlg so; I strongly urge the Roanoke City Council to designate old Fire Station No. 1 as Roanoke FireFighters Museum~ I urge the Mayor to appoint a commission of 5 to 7 members to ., } ., . '. ~ /lJf}16~ ;~''li ~ ~urr- 7,.,' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk March 21,2011 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Troy Rech has qualified as a member of the Parks and . Recreation Advisory Board for a three-year term of office ending March 31,2015. ~ Jonathan E. Craft Deputy City Clerk JEC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Troy M. Rech, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31,2015, according to the best of my ability. So help me God. ~~p Tfoy - ~ ech The foregoing oath of office was taken, sworn to, and subscribed before me by Troy M. Rech thi~ay of rt f 2012. . Brenda S. Hamilton, Clerk of the Circuit Court BY~~~'~ ~ CITY COUNCIL REPORT To: Date: Subject: Honorable Mayor and Members of City Council March 19, 2012 2011 Annual Report of the Architectural Review Board (ARB) I am pleased to provide this report on the Board's activity, accomplishments, and attendance for calendar year 2011. Highlights include: . Continued upward trend in cases and less time to get approval . Expanded education and outreach . Continued survey and designation of historic districts. ARB Reviews T~e historic districts continued a high level of activity during 2011, despite the economic climate. Staff and the ARB considered 294 cases. Of those cases, 57 were heard by the ARB (52 approved, 5 withdrawn, 0 denied) and 237 (81 %) were approved through the administrative approval process or through in-kind repair/replacement approval. 98% of all submitted applications were approved. A detailed list of Certificates of Appropriateness is attached. Fewer cases require consideration by the ARB. In 2011, the ARB further expanded the types of work eligible for fast-track administrative approval. The attached chart shows the distribution of how cases were approved. In 2011, the percentage of cases requiring review by the full ARB was 19%, while the two previous years were 22% and 26%, respectively. This streamlined process continues to benefit property owners. Additionally, the ARB reviewed the H-2 Guidelines as requested by City Council at the joint ARB/Council meeting in July 2010, and made several changes and clarifications to the following sections of the Guidelines: Working with the ARB, Basic Design Principles, Porches, Windows and Doors, Siding, and Roofs. These changes were adopted by the ARB in January 2011. Two other changes significantly accelerated the pace of ARB meetings with no sacrifice to the level of scrutiny or adherence to standards. First, the ARB began using a consent agenda for complete applications that conform to the guidelines. Second, the Board established a committee to. review applications and provide initial feedback to applicants prior to the ARB hearing. The result is fewer tabled items due to incomplete applications and more efficient meetings. The results are impressive: in 2006, ARB meetings averaged more than 2 % hours. In 2011, ARB meetings averaged only 39 minutes. These changes benefit citizens by reducing the amount of time they wait for their cases to be heard. Appeals of ARB decisions, which once averaged 4-5 per year, have become rare. No cases were denied by the ARB in 2011, therefore, no appeals to City Council were filed. Staff worked with the five applicants who elected to withdraw cases from the ARB to seek alternative design solutions to achieve compliance with the guidelines. Highlights of the past year include the nominations of the Wasena Historic District (April, 2011), Belmont Methodist Church (May, 2011) and Fire Station NO.5 (August, 2011), all of which led to successful listings in the Virginia and National Registers of Historic ' Places. Education & Outreach Staff worked with members of the Roanoke Valley Association of Realtors (RVAR) to develop and present two Realtor training courses, titled "Historic Preservation 101: The Basics" and "Roanoke Valley Architectural Styles 1800-2000." Staff and RVAR presented the course on March 14,2011 at the RVAR offices, with a successful turn- out. In partnership with Old Southwest, Inc., Hill Studio, and Roanoke Valley Preservation Foundation, staff hosted a Hands-On Historic Rehab Tax Credit Workshop in November 2011. Participants learned how historic tax credits work 'and how to prepare the tax credit application through on-site training and mock application. Among those present were business and home owners; community leaders, realtors, contractors and developers. While case load continues on an upward trend, staff works proactively to increase awareness of the historic district requirements through annual spring mailings to all property owners in the historic districts and all contractors in the Roanoke Valley. The Department of Real Estate Valuation also sends notices to all new property owners in the historic districts. The creation of two educational training seminars for the Roanoke Valley Association of Realtors, outreach to various neighborhood groups and annual direct mailings seem to have the desired effect; far fewer cases come to the ARB ,as a, result of code enforcement action. Survey and DesiQnation of Historic Districts Staff leveraged Community Development Block Grant and private monies to secure additional funding through Virginia Department of Historic Resource's CLG Cost-Share and Grant programs to continue a citywide survey of historic sites and structures. Building on the momentum of the Wasena Historic District listing, the citywide survey has continued throughout 2011 (and into 2012) with the survey of other Roanoke neighborhoods. The survey and inventory of the National Register eligible districts, Melrose-Rugby and RiverlandlWalnut Hill, as well as the survey and nomination process for the Virginia Museum of Transportation, began at the close of 2011. Finally, 2011 saw the departure of our Agent, Erica Taylor, who was responsible for initiating many of the positive changes in recent years. Roanoke is very fortunate to have recruited another highly-qualified preservation planner in Jillian Papa. Ms. Papa's experience in a similar position in West Palm Beach has enabled us to have a seamless transition. ") L. In closing, the caseloads of staff and ARB demonstrate that citizens are continuing to invest in and add value to Roanoke's historic districts. Planning staff and the ARB continue to work with residents to make the historic overlay perform as efficiently as possible. We are committed to continue in our role to facilitate this investment and ensure that Roanoke's historic downtown and neighborhoods are appropriately protected and preserved. Derek Cundiff, Ch Architectura'l Review Board cc: City Manager Assistant City Manager for Community Development City Attorney City Clerk City Planner/ARB Agent 3 " Key observations: o Continued overall upward trend in caseload o Fewer cases require ARB review; most cases are reviewed administratively Architectural Review Board Cases 350 50 250 In II) In ns o - o 150 ~ o 2006 2007 2008 2009 2010 2011 Year [._-_..__._._-_.._._-_._--~-_._~.__._--------_. ---------- o In-Kind Repair/Replacement Approvals D Administrative Approvals 0 ARB Approva!;l ~---~--~-~~~----~-------~-~--_.,._--------._-----,----__.,~_I 4 Architectural Review Board Approved Administrative Certificates of Appropriateness 2011 1 1 -001 5 1/18/11 Lynwod English 1601 Patterson Ave., S.W. H2 Roof replacement with 3-tab shin les 11 -0025 1/19/11 Erich Mills 629 Mountain Ave., S.W. H2 Replacement of front door 11 -0035 1/19/11 Musselwhite Properties, LLC 315 Market Street, S.E. H1 Addition of signage along with hours of operation on entrance doors and addition of decorative detailing on windows 11 -0045 1/21/11 Pura Vida Properties, LLC 908 Franklin Road, S.W. H2 Amendment of COA 100299 for replacing front gable window in-kind 11-0055 1/24/11 Penelope Hunt 379 Allison Ave., S.W. H2 Removal of old steps and landin 11 -0065 1/25/11 Mr. & Mrs. Richard Taylor 441 Washington Ave., S.W. H2 Enclosure of rear second story porch with smooth Hardiplank lap siding with a 5" reveal, installation of six PlyGem, one-over-one, wooden windows with a 3 W' trim on rear porch enclosure, and retention of the two existing columns on the rear 11-0075 1/31/11 Mr. & Mrs. Erich Mills 629 Mountain Ave., S.W. H2 Installation of new 30-year architectural shingles with drip edge on main roof 11 -0085 2/09/11 Jacqueline Williams 57 Gilmer Ave., N.E. H2 Construction of an asphalt parking area in rear and removal of existing metal awnings in front and rear and installation of new metal awnin s 11 -0095 2/09/11 Daniel Crandall 374 Elm Ave., S.W. H2 Installation of 6' wooden privacy fence in rear 11 -01 05 7/28/101 Darrell Craft 207 Albemarle Ave., S.W. H2 Replacement of rear stoop, Amended steps and deck (31'x12') with new treated wood 11 -01 1 5 2/1 5/11 Dawn Brown-Wright 915 Marshall Ave., S.W. H2 Installation of down spout on front porch 11-0125 2/17/11 Winter-Fields, LLC 638 Janette Ave., S.W. H2 Amendment to COA 09-055 & COA 06-016 to change front doors from six-lite to three-lite doors 11-0135 2/17/11 Winter-Fields, LLC 644 Janette Ave., S.W. H2 Amendment to COA 09-055 & COA 06-016 to change front doors from six-lite to three-lite doors 11 -01 45 2/24/11 TRS Beth Israel Congregation 920 Franklin Rd., S.W. H2 Replacement of six 9-over-9 wooden windows with six SDL, aluminum clad, 9-over-9, double hun windows 11-0155 2/25/11 James Johnston 537 10 Street, S.W. H2 Installation of metal dryer vent on southwest side of fac;ade 11 -01 65 2/28/11 Pura Vida Properties, LLC 908 Franklin Rd., S.W. H2 Installation of full-view, clear glass storm door to north side of first floor entrance 11 -01 75 2/28/11 Pura Vida Properties, LLC 324 Mountain Ave., S.W. H2 Sash replacements for second floor, left side, 2nd & 3rd windows with MW 100 Jefferson series sash re lacement kits 11 -01 85 3/01/11 Abbott Gardner Living Trust 22 Campbell Ave., S.E. Hl One double-sided hanging sign, two vinyl signs & window letterin 11 -01 95 3/03/11 Bill Bundy 24 Walnut Ave., S.W. H2 Roof replacement with 30- ear architectural shin les 11-0205 3/11/11 Kevin Earl 529 Day Ave., S.W. H2 Installation of an 8"x12" metal commemorative plaque on the right side of front main entrance 11 -021 5 3/16/11 Pura Vida Properties, LLC 908 Franklin Rd., S.W. H2 Replacement of nine window sashes with MW Jefferson Series 100 sash replacement kits 11 -0225 3/16/11 Pura Vida Properties, LLC 908 Franklin Rd., S.W. H2 Replacement of storm windows with Larson "Gold" series storm windows on front of buildin 11-0235 3/16/11 Kathleen Myrman 531 King George Ave., S.W. H2 Installation of 6' privacy fence in rear of ard 11 -0245 3/16/11 AR Roanoke, LLC 116/118 Campbell Ave., S.E. Hl Replacement of awning fabric with Sunbrella awning fabric, Nawab-black awning with white lettering and Frogurt- green awning with white letterin 11-0255 3/23/11 Mr. & Mrs. Robert Guthrie 519 Woods Ave., S.W. H2 Installation of 3' privacy fence on both sides of property 11-0265 3/25/11 City of Roanoke Various locations Hl Installation of flush-mounted vaults in sidewalks with aluminum lids and 1" diameter vent pipe attached to side of building and painted to match existin buildin 11-0275 3/30/1 1 Pura Vida Properties, LLC 908 Franklin Rd., 5W. H2 Installation of a handicap access ramp on side of property and addition of one ADA parking space in rear of ro ert 11-0285 3/31/11 Nancy Gondar 414 Highland Ave., 5W. H2 Replacement of roof on front porch and main structure of home with architectural shingles with matching ridge ca s 11-029S 3/31/11 Community Capital 602 Day Ave., SW. H2 Replacement of windows with Partners PlyGem 2000 series, double- hung, simulated divided- light windows 11-030S 4/06/11 Will Heybruck 622 Walnut Ave., SW. H2 Replacement of one wood- frame window and three metal-frame casement windows in bedrooms with Wincore slidin vin I windows 11 -03 1 S 4/11/11 J,c. Poindexter, Jr. 1014 3rd Street, SW. H2 Installation of dryer vents on outside of 3 units 11-032S 4/11/11 GRH Management 423 7th Street, SW. H2 Installation of 5'x5' landing & 3'x8' ADA ram in rear 11-033S 4/12/11 Mr. & Mrs. Richard Willis 501 Woods Ave., SW. H2 Amendment of COA 11-005, for installation of gable-end roof in lieu of a hip roof and addition of stucco-sided chimney vent stack for wood- burnin fire lace 11-034S 4/18/11 Taylor Stone 609 Mountain Ave., SW. H2 Installation of handrail on rear deck per design template and installation of a new half-lite rear door 11-035S 4/20/11 Ronald Chuman Ends of alley on Franklin H2 Installation of two, four foot, Rd., SW. & Woods Ave., S.W. 20"x20" directional signs in the public right-of-way (both ends of alley) associated with the Black Lantern Inn as per the agreement letter from the City Mana er 11-036S 4/21/11 611 Jefferson, LLC 611 Jefferson St., SW. H2 Replacement of kitchen hood venting and installation of vents for water heater and boiler on outside of buildin 11 -03 7S 4/21/11 611 Jefferson, LLC 611 Jefferson St., SW. H2 Installation of welded, round, steel guardrails painted black per code on west side of chiller & east side of enerator Replacement of existing rear steps and handrails as per desi n tem late 1 1 -03 9S 4/22/11 David Niblett 802 Marshall Ave., SW. H2 Roof replacement with 30- ear architectural shin les 11 -040S 4/26/11 Heather Davies 514 Elm Ave., SW. H2 Roof replacement with Owen Corning Oakridge architectural shin les 11 -041 S 4/26/11 Paul Economy 836 Day Ave., SW. H2 Installation of 6' wooden privacy fence in rear of property 11-042S 4/26/11 SA-2 Properties, LLC 19 Salem Ave., S.E. H1 Installation of 21 feet of 42" high black, metal handrail system around mechanical units on roof and placement of removable rail on the parapet wall at hood location 11-043S 5/02/11 Metropolitan Properties, 210 Market Street, S.E. H1 Placement of an A-frame LLC sandwich board sign in front of Ernie's Restaurant 11 -044S 5/02/11 Schlueter Investments I, 710 Ferdinand Ave., SW. H2 Installation of architectural LLC shingles 11-045S 5/03/11 Venetta Manson 434 King George Ave., S.W. H2 Replacement of stairway leading to carriage house 11 -046S 5/03/11 SA-2 Properties, LLC 19 Salem Ave., S.E. H1 A-frame sandwich board sign on sidewalk 11-047S 5/04/1 1 Thomas Hamill 426 Allison Ave., S.W. H2 Roof replacement with architectural shingles on main house roof 11-048S 5/06/1 1 Terry Vandelinde 1502 Franklin Rd., SW. H2 Replacement of hidden gutters and shingles (will be architectural shingles) on front orch roof 11-0495 5/06/11 Patrick Murdock 601 Highland Ave., SW. H2 Replacement of dormer windows on Highland Avenue side and adjacent house side with wood replacement windows for full-view glass effect 11-050S 5/10/11 Joshua Grasty 411 Elm Ave., SW. H2 Installation of 6' wooden, dog- eared privacy fence in rear of property, 4' wooden, picket fence in front yard and installation of front porch light on ceilin 11 -05 1 S 5/10/11 611 Jefferson, LLC 611 Jefferson Street, SW. H2 Installation of removable bollards restricting access to the west end of the alley located on the north side of property; Installation of fixed bollards parallel to the building in the alley located on the north side of property to protect exterior ductwork. Sollards to be painted bright color; and installation of 6' picketed aluminum fence with gate at the east end of the alley located on the north side of ro ert . 11-052S 5/12/11 City of Roanoke 32 Market Square, S.L H1 Installation of 9" gold metallic numerals and 5" "Franklin Gothic" font letters identifying street address of building adhered to inside face of transom glass above main entrance doors on Campbell Avenue; and Installation of exterior aluminum sign with vinyl background as Oracal Series #851 and color Forest Green #635 readin "Charter Hall' and mounted from the soffitt of the canopy beam located closest to and just west of the building's main entrance on Campbell Avenue. 11-053S 5/12/11 SA-2 Properties, LLC 19 Salem Ave., S.E. H1 Installation of painted on sign to display name of business on middle window with colors to match buildin colors 11-054S 5/12/11 Mr. & Mrs. George 509 Day Ave., SW. H2 Installation of 8'x17', gray Edmunds composite deck with black, metal spiral staircase to garden in the rear of the home on first level; and replacement of existing rear door with slider door 11-055S 5/12/11 White Pines Ventures, LLC 416 Day Ave., SW. H2 Enclosure of half-covered window and replacement of metal roof with rubber membrane roof in rear 11-056S 5/24/11 Mr. & Mrs. Ron Shiflett 415 Elm Ave., SW. H2 Installation of 6' privacy fence in rear 1 1 -05 7S 5/24/11 City of Roanoke 32 Market Square, S.E. H1 Fabrication & installation of mosaic art work in the 4 entrances of Market Buildin 11-058S 5/24/11 Faison Roanoke Office 10 Jefferson Street, S.E. H1 Replacement and installation Limited Partnership of main signage on upper building and signage over Salem Avenue entrance to reflect new business name Wells Far 0 11-059S 5/24/11 Brenda Dillon 310 Mountain Ave., SW. H2 Removal of particle board from west wall & replacement with Dutch-Ia board 11 -060S 5/24/11 W.P. Jacoebee 609 Elm Ave., S.W. H2 Replacement of porch roof with standing seam metal, replacement of columns and deck with composite to match existing and replacement of ei ht ickets 11-0615 5/24/11 John Brown 521 10 Street, S.W. H2 Replacement of front door 11-0625 5/25/11 Mr. & Mrs. Brian Lawrence 521 Elm Ave., S.W. H2 Installation of 6' privacy fence on west side of property and installation of 4' privacy fence in rear and east side of ro ert 11 -0635 5/25/11 John Kepley 519 Day Ave., S.W. H2 Installation of round gutters 11 -0645 5/25/11 Mr. & Mrs. Robert Bates 435 King George Ave., S.W. H2 Removal of plastic lattice and replace with handrails to match stairs and deck hand railin 11 -0645 5/25/11 Valley's Sewing & Vac., Inc. 430 Woods Ave., S.W. H2 Removal of plastic lattice & replace with handrails to match stairs & deck hand railin 11-0655 5/26/11 Katharine Gray 441 Albemarle Ave., S.W. H2 Replacement of lattice under front/side porch with horizontal & vertical treated wood lattice to be painted white to match house trim 11 -0665 5/26/11 Robert Fielding 1221 Wasena Terrace, S.W. H2 Installation of 5' wood picket fence on side of property and a 3.5' wood picket fence in front of ro ert 11-0675 5/31/11 611 Jefferson, LLC 611 Jefferson Street, S.W. H2 Installation of 6' privacy fence with gate to secure waste dum sters 11-0685 5/31/11 J5 Property Holdings, LLC 15 Salem Ave., S.E. Hl Replacement of five existing condensing units with two new energy-efficient units on roof and installation of three vents as art of a residential apartment on the east side of building 11 -069S 5/31/11 Marshall Mundy 1328 3r Street, S.W. H2 Replacement of 3-tab shingles on roof with GAF architectural shingles, repair of damaged soffitt area with matching material and paint patched area to match existin 11-070S 5/31/11 Robert Lawson 374 Washington Ave., S.W. H2 Installation of 6' wooden privacy fence in rear with 2 ates 11-071S 6/03/11 Stephanie Oliver 1340 Maple Ave., S.W. H2 Removal of front concrete stairs and replace with single tread wooden stairs with closed risers (brick wing walls to sta 11-072S 6/1 5/11 Ken Rattenbury 21 Salem Ave., S.E. H1 Installation of fire escape in rear of building, installation of flood panels in front of building (holes to be drilled in the wood), and repairing cracked rear exterior wall on 3rd floor with brick to match 11-0735 6/15/11 W.P. Jacoebee 609 Elm Ave., SW. H2 Removal of aluminum storm windows & installation of silver series storm windows 11-074S 6/21/11 1415 Clarke Avenue, LLC 1413 Clarke Ave., SW. H2 Replacement of stair treads, decking and handrails, removal of combination bench, and replacement of rear rail with rail pursuant to design template for rear deck railin s on rear of home 11-075S 6/21/11 Judy Bryant 514 Woods Ave., SW. H2 Replacement of existing roof shingles with architectural shingles on main house and orch roofs 11-076S 6/21/11 White Pine Ventures, L1C 416 Day Ave., SW. H2 Close in bathroom window on second story, rear of home; Installation of one-lite entrance door in rear; installation of new deck on rear of home; and close in door on rear left corner and remove stairs 11-077S 6/21/11 Carol McKenzie 423 7th Street, SW. H2 Installation of single room air conditioning unit in wall 11-078S 6/23/11 Joyce Epperly 437 Washington Ave., S.w. H2 Installation of new storm door in front of home 11 -079S 6/23/11 Patricia Kelly 514 Mountain Ave., SW. H2 Replacement of rear wooden door with antique wood door from Blackdog Salvage, replacement of rear wood deck with 1 0'x1 0' wood deck with closed risers on steps, turned wooden handrail design as submitted, and addition of cement walk connectin to existin walk 11 -0805 6/06/1 1 City of Roanoke 32 Market Square, S.E. H1 Installation of two single, granite steps from the sidewalk to landing of existing stairways on City Market Building's main entrance on Cam bell Avenue 11 -081 S 6/06/11 Akmir Muhammad 732 13th Street, SW. H2 Replacement of modern entrance door with historical 20th Century hardwood door with brass hardware, and transom; Installation of historical 20th Century hardwood door with beveled glass on side entrance door; Replacement of modern rear door with historical 20th Century hardwood French doors; and installation of cobblestone stepping stones on side orch 11-0825 7/13/11 Daniel Crandall 374 Elm Ave., SW. H2 Installation of temporary roof over storm cellar stairs 11 -0835 7/13/11 Mr. & Mrs. Tim Dayton 610 Mountain Ave., SW. H2 Installation of stairs on east side of front porch with handrails to match existing rails on orch 11 -0845 7/13/11 SA-2 Properties, LLC 19 Salem Ave., S.E. H1 Installation of downspout across interior courtyard wall 11-085S 7/13/11 Kevin Glassglow 418 Woods Ave., SW. H2 Repairing front porch to include five or six (8"-10") tapered, composite columns with Tuscan bases 11-086S 7/14/11 Sienna Andrade 1518 Patterson Ave., SW. H2 Replacing stairs on rear porch with new boards and installing new railing for stairs and around the porch (railing to match design template for rear deck 11-0875 7/20/11 Sharon Martin 605 Allison Ave., SW. H2 Construction of 9'x22' rear wooden deck with handrail to match tem late 11-0885 7/21/11 Catholic Diocese of 828 Campbell Ave., SW. H2 Replacement of three wooden Richmond porch columns with Duracraft Synthetic columns with Tuscan ca s & base 11 -0895 7/21/11 CCD Management, Ltd. 1009 1 st Street, SW. H2 One aluminum hanging sign (36"x19.5") and one aluminum framed si n 24"x40.75" 11 -0905 7/21/11 Mary Bates 501 Janette Ave., SW. H2 Installation of 6' wooden privacy fence in rear 11-0915 7/22/11 JS Property Holdings, LLC 15 Salem Ave., S.E. H1 Repairing of existing stucco finish and paint to match color in existing courtyard space, aintin of electrical anels, conduits, gas meter, piping, and hollow metal door to match color of stucco finish 11 -0925 7/26/11 Dianne Hernandez 525 Janette Ave., SW. H2 Replacement of aluminum storm windows 11-0935 7/26/11 ER Group, LLC 1310 3rd Street, SW. H2 Installation of asphalt ramp in front of building 11 -0945 8/08/11 Robert Powell 431 King George Ave., S.W. H2 Removal of 3-tab shingles and installation of Grand Manor shingles with copper ridge caps, valleys and flashing on main house and ara e roofs 11-0955 8/09/1 1 TaylorMade Construction & 410 Day Ave., SW. H2 Removal of window in rear of Development, Inc. home and installation of French Doors, installation of stairs on deck with closed risers on left side, and installation of 6' wooden privacy fence in rear of ro ert 11 -0965 8/09/11 James Glass 507 7'h Street, SW. H2 Installation of Hardie shingles for cladding; Installation of wood or alloy windows, same as original porch; Installation of steel entry door with nine- panel window; Installation of 48" wide enclosed stairs to door with 2x2 full sized railing; Installation of one window to left of entry door; and Installation of EPDM membrane on roof. 11 -0975 8/10/11 Donald Zauner 649 Day Ave., SW. H2 Installation of one handrail on steps to match existing on front orch 11 -0985 08/16/11 D. Jeffry Parkhill 419 Washington Ave., S.W. H2 Replacement of existing horizontal wood deck and stair railings with 1.5"x1.5" wood pickets per the rear deck design guidelines and reinforcing wood columns and bracin s for structural stabilit 11 -0995 8/16/11 ER Group, LLC 13103r Street, S.W. H2 Re-facing 4'x6' monument sign with vinyl lettering 11 - 1 005 8/19/11 Julia Gale 402 Washington Ave., S.W. H2 Installation of 4' picket fence in rear of property 11-1015 8/24/1 1 Foursquare Property & 853 Marshall Ave., S.W. H2 Replacement of 3-tab shingles Dev., LLC with Architectural shingles on main roof; Removal of 2nd floor rear door and replacement of window with original type/size; Demolish remainder of original garage foundation; Removal of mineral asbestos siding and restore original wood novelty siding; Installation of 6' privacy fence in rear yard; and installation of 3 W foot wooden picket fence with gate in front yard 11-1025 8/24/1 1 5teve Rosenoff 202 Market Street, S.E. H1 Moveable sandwich board sign 11-1035 8/24/1 1 611 Jefferson, LLC 611 Jefferson Street, S.W. H2 Installation of two window signs and lettering on door for U town Joe's 11 - 1 045 8/26/1 1 City of Roanoke 32 Market Square, S.E. H1 Installation of 4 stainless steel plaques mounted on brick walls to left of each ent wa 11-1055 8/29/11 611 Jefferson, LLC 611 Jefferson Street, S.W. H2 Installation of building- mounted signage for Uptown Joe's (48"x46") and First and Sixth (40"x48") and installation of storefront window film and letterin on doors 11 -1 065 8/30/1 1 Leo Gerald 440 Washington Ave., S.W. H2 Installation of new heat pumps on side of house and new electrical service with conduit on exterior of home from first floor to attic 11 -1 075 9/01/11 Wayne Cundiff 445 Elm Ave., S.W. H2 Replacement of two windows Valerie Eagle on north side of accessory building to match approved windows on south and east side 11 - 1 085 9/02/11 Eunice Khetani 343 Walnut Ave., S.W. H2 Replacement of plywood wall & steps with 6' cinder block wall & concrete ste s in rear 11 - 1 095 9/07/11 JayRand Investments, L1C 801 Marshall Ave., S.W. H2 Installation of handrail on steps 1 1 - 1 1 05 9/07/11 Daniel Crandall 374 Elm Ave., S.W. H2 Installation of three metal pipe handrails on stairs to sidewalk and installation of metal "fence" panel at top of wall for safet ur oses 11-1115 9/09/1 1 City & County Properties, 1106 Campbell Ave., S.W. H2 Roof replacement with LLC architectural shingles on porch & main roof 11-1125 9/14/11 Market Building Foundation 32 Market Square, S.E. Hl 3' sandwich board sign to be placed in front of the City Market Building displaying vendor names 11-1135 9/14/11 Melinda Kantor 11144 Street, S.W. H2 Tx11' block parking area (block openings to be filled with soil and rass 1 1 - 1 1 45 9/1 5/11 Old 5outhwest, Inc. Various locations H2 12"x6" oval, metal "Preservation Award" plaque to be mounted near the front entrance of the structure 11-1155 9/1 5/11 Wayne Cundiff 445 Elm Ave., S.W. H2 12"x6" oval, metal Valerie Eagle "Preservation Award" plaque to be mounted near the front entrance of the structure 11 - 1 1 65 9/1 5/11 Jim Haynes 349 Walnut Ave., S.W. H2 12"x6" oval, metal "Preservation Award" plaque to be mounted near the front entrance of the structure 11 - 11 75 9/15/11 Melinda Kantor 11144 Street; S.W. H2 12"x6" oval, metal "Preservation Award" plaque to be mounted near the front entrance of the structure 11 - 11 85 9/15/11 Melinda Kantor 406 Walnut Ave., S.W. H2 12"x6" oval, metal "Preservation Award" plaque to be mounted near the front entrance of the structure 11 - 11 95 9/1 5/11 Jim Haynes 526 Marshall Ave., S.W. H2 12"x6" oval, metal "Preservation Award" plaque to be mounted near the front entrance of the structure 11 -1 205 9/21/11 Jesus Is Lord-Assembly of 702 Ferdinand Ave., S.W. H2 Installation of a 4' black- Lord coated fence in rear 11-1215 9/22/11 Darrell Craft 207 Albemarle Ave., S.W. H2 Installation of gutters 11-1225 9/23/11 C&D Associates 1401 3r Street, S.W. H2 Roof replacement with architectural shingles 11-1235 9/30/11 5aunders & Wells 113 Salem Ave., S.E. Hl Restoration of Coca-Cola wall Investments, Inc. sign and including two new, community-related, sign designs to replace the "vintage" tenant signs on side of structure 11 - 1 245 9/30/11 Geneva Nackley 430 Walnut Ave., S.W. H2 Installation of 9'x9', 6-panel Colonial garage door in rear 11-1255 10/06/11 Brian Callahan 402 Highland Ave., S.W. H2 Roof replacement with 30- year architectural shingles on both orch roofs 11 -1 265 10/06/11 Darrell Craft 207 Albemarle Ave., S.W. H2 Installation of half-round gutters (color to match metal roof and round down s outs 11-1275 10/11/11 Geneva Nackley 430 Walnut Ave., S.W. H2 Extension of driveway curb 13" with concrete to be dyed a dark color 11-1285 10/11/11 Geneva Nackley 430 Walnut Ave., S.W. H2 Replacement of side & rear windows with JeldWen double-hung, wooden windows 11-1295 10/12/11 Mr. & Mrs. Ted Nichols 636 Walnut Ave., S.W. H2 Roof replacement with architectural shingles, re- flashing chimney & installation of brown dri ed e 11-1305 10/21/11 Katharine Gray 441 Albemarle Ave., S.W. H2 Construction of treated-lumber tree house in rear 11-1315 10/21/11 Foster Properties, LLC 315 Woods Ave., S.W. H2 Replacement of front porch joist and two columns with caps & bases, repair and paint rear back side of structure, and re lace fascia on rear 11-1325 10/21/11 Paul Economy 424 Washington Ave., S.W. H2 Replacement of rear entry door with full-view, wood door 11-1335 10/21/11 Mr. & Mrs. Randy McDaniel 420 Day Ave., S.W. H2 Installation of a hip roof over current deck area with shingles to match those on the main house and construction of additional deck one step down from existing deck with stairs to the south 11-1 345 11/02/11 W.P. Jacoebee 609 Elm Ave., S.W. H2 Installation of 6' wooden privacy fence that extends up to the basement door with a gate and a 3' wooden (spaced pickets) fence from basement door to front corner of home 11-1355 11/04/11 Market Building Foundation 32 Market Square, S. E. H1 Installation of window signs for Bayou Snowball on Wall Street and Campbell Avenue sides of buildin 11 -1365 11/04/11 5tephen Musselwhite 129 Campbell Ave., S.E. H1 Installation of two 40"x1 08" aluminum wall signs (Optima 1 1 - 1 39S 11/21/11 Paul Economy 424 Washington Ave., S.W. H2 Health logo), two bronze plaques (Optima Health entrance) on either side of entry to building on Campbell Avenue, application of Optima Health logos on each entry door and Optima Health logo in white lettering on six awnings along Williamson Road Construction of a 12'x14' gazebo in corner of rear yard, installation of 4' wooden picket fence in rear yard and installation of pipe or wooden handrails on side ste s Removal of window at back, north side, enlarge opening and replacing with 36"x32" double-hung, wooden Jeld- Wen window, replacement of small window where new kitchen sink is located, outside head board to match height of existing windows and window trim and details to match existin windows Removal of existing standing seam metal roof and replace with new standing seam metal roof. Removal of outswing wood frame doors to alley and replace with rollup garage door. Remove metal siding and replace with Hardiplank clapboard. Establish closed soffits with 4" can lights. Installation of entry door within frame of north double doors. 11 - 1 37S 11/21/11 Chris Blair 227 Albemarle Ave., S.W. H2 11 - 1 38S 11/21/11 Mr. & Mrs. Jason Cromer 543 Day Ave., S.W. H2 Establish staircase details for garage access at southeast corner of deck. 11 - 1 405 11/21/11 Market Building Foundation 32 Market Square, S.E. H1 3 window signs & hanging sign for Queso Southwest Grill 11-1415 11/28/11 Mr. & Mrs. James Allen 12 Gilmer Ave., N.E. H2 Paving a single-car driveway 11-1425 11/28/11 City of Roanoke 641 Walnut Ave., S.W. H2 Installation of a dark grey oven exhaust vent behind existing HVAC screen and installation of a white metal restroom exhaust vent oriented toward the face of the storefront 11-1435 11/28/11 Market Building Foundation 32 Market Square, S.E. H1 Installation of a dark grey oven exhaust vent behind existing'HVAC screen and installation of a white metal restroom exhaust vent oriented toward the face of the storefront 11 - 1 445 12/05/11 Daniel Crandall 374 Elm Ave., S.W. H2 Re-facing existing concrete block foundation with brick veneer & mortar to match existing brick work on east side and north & south side under ram 11-1455 12/28/11 Daniel Crandall 366 Elm Ave., S.W. H2 Installation of concrete steps with brick veneer sides and black handrail (not to exceed 42" in the rear of the ro ert Architectural Review Board Certificates of Appropriateness 2011 CA No. Date Applicant Location District Request Action 1 1 -001 1/13/11 Roanoke Surgical Clinic, Corner of Franklin Road, H2 Expansion of parking lot Approved Inc SW. and Walnut Avenue, entrance from 19' to SW. 24', by shortening stone wall on either side on a parcel of land at the corner of Franklin Road, SW. and Walnut Avenue, SW. 11-002 1/13/11 Daniel Austin 812 Marshall Ave, SW H2 Installation of Withdrawn Hardiplank siding with 5" reveal on entire rear elevation and repair of soffits to match existinq. 11-003 1/18/11 Charles George 1301 Maple Ave, SW H2 Removal of 33 one-over- Approved one, wooden windows and installation of new Ply-Gem Jefferson 1 00 series, one-over-one, wooden windows. 11 -004 2/10/11 Gibson-Vaughn, LLC 111 Highland Ave, SW H2 Removal of lattice on Approved stair handrails and 3rd floor handrail, installation of picket handrail, and installation of additional handrail section 3" above original porch handrails and on rear porch handrail 11-005 2/11/11 Richard and Lenore Willis 501 Woods Ave, SW H2 Removal of non-historic Approved rear addition and construction of one- story rear addition with CA No. Date Applicant Location District Req uest Action cement siding to match house, 9-over- 1 aluminum clad wood double-hung windows, asphalt shingles on roof, small side porch with round composite column mimicking front porch, and wooden doors 11 -006 3/10/11 Colonial Partners, LLC, 204 Jefferson Street, S.E Hl Removal of aluminum Approved and glass door (storefront to remain) 11-007 3/10/11 Six Eleven Jefferson, LLC 611 Jefferson Ave, SW. H2 Removal of all non- Approved historic, arch- topped, wood framed street level windows and installation of dark bronze aluminum storefront systems in original storefront confia uration 11-008 3/10/11 Darrell Craft 207 Albemarle Ave, SW. H2 Removal of non-historic Approved second story front porch, removal of door and replacement with window to match one parallel and repair of standing seam metal roof 11 -009 3/10/11 Brian Callahan 402 Highland Ave, SW H2 Removal of standing Approved seam metal roofs on house and installation of 30-year architectural shinales 1 1 -01 0 3/10/11 Mary Swiers 1506 & 1510 Franklin H2 Construction of new Approved Road, SW. office building with brick foundation, clad in vertical Hardiplank, architectural shinale CA No. Date Appl icant Location District Request Action roof, windows on three sides to be fixed light glass, and glass block on south elevation for 1 hour fire ratinq 11 -011 4/14/11 A.R. Roanoke, LLC, 118 Campbell Ave, S.E H1 Painting of two cornices, Approved windows and storefront to remain 1 1 -01 2 4/14/11 Roanoke Surgical Clinic 1234 Franklin Road, SW. H2 Installation of new sign Approved and sign framework measuring 61"x 42" and installation of new decorative metal handrails on parking lot and office stairs 1 1 -01 3 4/14/11 YMCA of Roanoke Valley 520 Church Avenue, SW. H2 Amendment to COA 08- Approved 017, to change the double door on south fa<;:ade to single door with window, to change the single door to a window on east fa<;:ade, and to install a door, brick stairs, and a railing on the north facade 1 1 -01 4 4/14/11 City of Roanoke-Market 32 Market Square, S.E. H2 Amendment of COA 10- Approved Foundation 017, for color and lettering details of main "City Market" signage, installation of LED up lighting on facades, chrome door hardware, and design changes to Salem Avenue service door 11 -01 5 5/12/11 202 MSC, LLC 202 Market Square, S.E. H1 Installation of 74"x 53" Approved awning frame and red canvas awninq over side CA No. Date Applicant Location District Request Action entrance 11 -01 6 5/12/11 Center in the Square 1 Market Square, S.E. H1 Amendment of COA 09- Approved 065, to remove active flood proofing doors and tracks and the keeping of existing bay desiqns for Sumdat 11 -01 7 5/12/11 Abbott Gardner Trust 22 Campbell Avenue, H1 Installation of door for Approved S.E. upper story access. Door and transom to be same material and design as existing storefront door and transom 11 -01 8 5/12/11 Peter Wreden 408 King George H2 Installation of ADA ramp Approved Avenue, SW. off NE corner of front porch 11 -01 9 5/12/11 Second Presbyterian 215 Highland Avenue, H2 Three story infill Approved Church SW. addition in existing courtyard and installation of ADA ramp on front facade 11-020 5/12/11 White Pine Ventures, LLC 416 Day Avenue, SW. H2 Removal of original one- Approved over-one wooden sashes and installation of PlyGem Jefferson 100 Series one-over-one windows, removal of second entrance and step on front porch and infill with siding, removal of side porch enclosure, and installation of 2"x2" square pickets and rails on east side of porch (to match handrail at 429 CA No. Date Applicant Location District ReQuest Action Day Avenue, SW.), installation of two composite columns to match existing on east side of porch, installation of composite Scamozzi capitals on new columns and two existing columns on east side of porch (applicant to provide drawings of side porch, columns, and handrail; and photos of handrail at 429 Day Avenue, SW. to staff) 11 -021 5/12/11 Daniel Austin 812 Marshall Avenue, H2 Removal of 12 historic Approved SW. and non-historic double- hung 1-over-1 window sashes and replacement with Jeld-Wen Wood Sash replacements 11 -022 4/21/11 1401 Franklin Rd, LLC 1401 Franklin Rd, SW. H2 Installation of 2-story Withdrawn addition to building on north facade 11 -023 6/09/11 611 Jefferson LLC 611 Jefferson Street, H1 Painting of wooden Approved SW. windows and tea room SW 7637 Oyster White, painting foundation walls, and cast terracotta trim around windows and doors SW6148 Wool Skein 11-024 6/09/11 Daniel Crandall 374 Elm Avenue, SW. H2 Removal of five wooden Approved 2-over-2 double-hung original windows and installation of five PlyGem Jefferson 1 00 series wooden 2-over-2 CA No. Date Appl icant Location District Rea uest Action wooden double-hung windows on second floor 11 -025 6/09/1 1 Birdland, LLC 18 Campbell Avenue, H2 Installation of four Approved S.E. PlyGem Jefferson 100 series wooden 1 -over-1 windows on rear of building and replacement of all masonite siding to match existinq 11-026 6/09/11 Free Clinic of Roanoke 1240 3rd Street, SW. H2 Enclosure of non- Approved Valley, Inc. historic open-air side porch with metal and glass storefront system, installation of Hardi- board around soffits and above window system, and installation of sign on exterior brick knee wall reading "The Juanita Ruble Pavilion" 1 1 -02 7 6/09/11 Joseph & Janet Medina 1624 Patterson Avenue, H2 Installation of a 3 'x24' Approved SW. wooden ADA ramp (with handrails to match template) off front porch stairs 11 -028 6/09/11 Roger Winborne 376 Woods Avenue, SW. H2 Removal of 7 wooden Withdrawn double-hung sashes& installation of new wooden Weathershield Proshield double hung sash kits 11-029 7/14/11 Joshua and Sandra Grasty 411 Elm Avenue, SW. H2 Installation of 32" Approved turned balustrade on front porch with mitered bottom rai I 11-030 7/14/11 Robert and Kathy Bates 435 King George H2 Removal of front porch Approved Avenue, SW., balustrade svstem (A No. Date Applicant Location District Request Action 11 -031 7/14/11 Man Li Yang 433 Janette Avenue, SW. H2 Installation of vinyl Approved sliding windows on the front of the buildina 11-032 7/14/11 Fred and Peg Styles 364 Walnut Avenue, SW. H2 Installation of 12'x16' Approved screened in porch on top of section rear deck with cedar siding, beaded soffits and wood columns and installation of new gutter and downspout 11 -033 7/14/11 1401 Franklin Road, LLC 1401 Franklin Road, SW. H2 Construction of addition Approved on the northwest and west section of buildinq 11-034 7/14/11 Marcia Pacho 640 Day Ave, SW. H2 installation of non- Withdrawn permanent wooden ADA ramp (with handrails to match template) off front Dorch 11 -035 8/11/11 Keith and Cindy Hummer 118 Campbell Avenue, H2 Painting of storefront Approved SW with Lyndhurst Mahogany (2002-9A), Woodrow Wilson Blush (3002-8C), and Lyndhurst Duchess Blue (5002-5C) and installation of window sign on second floor door 11-036 8/11/11 Don Petersen 121 Campbell Avenue, Hl Painting of storefront Approved S.E. with Rookwood Shutter Green and Sycamore Tan 11 -037 8/11/11 Kazim Shrine Temple 628 Campbell Avenue, H2 Installation of 9' art Approved SW. fixture/statue 11 -038 8/11/11 Paul Economy 424 Washington Avenue, H2 Setback of side porch Approved SW. north enclosure wall by 12"-15" inches, removal of door in north wall CANo. Date Applicant Location District Request Action and installation of three ganged double-hung wooden windows (88 ~" in height with 3"- 4" trim), remove single existing window in east wall and install six ganged double hung windows (65" in height with trim to match above), and installation of single double hung wooden window in south wall (65" in height) with siding to be wooden Dutch-lapped 11-039 9/08/11 Catholic Diocese of 828 Campbell Avenue, H2 Removal of slate roof Approved Richmond SW. and installation of architectural shingle roof that mimics the current design of the existing roof and the retention of ridqe caps 11 -040 9/08/11 Jerry Hartman & Eloise 378 Allison Avenue, SW. H2 Replacement of rear Approved Durrett deck and installation of wooden screened-in rear porch with removal of dowels on upper clerestory and presented as West Elevation in renderinq 11 -041 8/11/11 Larry B. Franklin 819 Marshall Avenue, H2 Removal of press metal Approved SW. roof and installation of architectural shingle roof 11 -042 9/08/11 Foursquare Property & 853 Marshall Avenue, H2 Removal of front Approved Dev., LLC SW. chimney above roofline, removal of second floor door and re-installation CANo. Date Applicant Location District Request Action of original 48"x66" wooden window, and installation of wooden square picket porch handrail 11-043 1 0/1 3/11 Evonne Plebuch 310 Washington Avenue, H2 Installation of 68"x 72" Approved SW. non-illuminated freestanding sign with decorative metal work 11 -044 10/1 3/11 Charles George 1301 Maple Avenue, H2 Amendment to COA 11- Approved SW. 003, from Ply-Gem Jefferson 100 series, one-over-one, double- hung windows to Jeld- Wen All Wood, one-over- one, double-hung windows 11 -045 11/10/11 Roanoke Valley Student 404 Elm Avenue, SW. H2 Amendment of Approved Trouble Center, Inc., COA090254, to change d/b/a Trust House the design on previously approved freestanding yard siqn 11 -046 11/10/11 City of Roanoke 32 Market Square, S.E. Hl Installation of additional Approved air condition unit on southeastern side of Market street canopy 11 -047 11/10/11 Saunders & Wells 108 Campbell Avenue, H1 Removal of single door Approved S.E. and side lights at corner entrance and installation of double door for ADA. accessibility 11 -048 11/10/11 Wayne Cundiff & Valerie 445 Elm Avenue, SW. H2 Installation of half- Approved Eagle round terracotta parapet caps on rear storefront buildinq 11-049 11/10/11 Wayne Cundiff & Valerie 445 Elm Avenue, SW. H2 Removal of pressed Approved Eagle metal shingles on main house roof and installation of GAF CA No. Date Applicant Location District Reauest Action Camelot Lifetime Designer Shingles with ridgecaps and finials to be re-installed or reolaced in-kind 11 -050 11/10/11 Dawn McKenzie 379 Walnut Avenue, SW. H2 Removal of standing Approved seam metal roof on main house and installation of 30 year architectural shinales 11 -051 11/10/11 Market Street Partners, 10 Market Street, S.E., Hl Repair and covering of Approved LLC rough brick around storefront fa<;:ade, installation of storefront cornice, and replacement of top panel of existing second floor door with qlass 1 1 -052 11/10/11 Talloaks Investments, LLC 1112 2nd Street, SW. H2 Removal of eleven (10 Approved on upper level and 1 on ground floor) non- historic six-over-six windows in carriage house and installation of Hurd aluminum-clad wooden windows with six-over-six SDL 1 1 -053 1 2/1 2/11 Mr. & Mrs. Robert 120 Campbell Ave., S.E. Hl Replacing concrete in Approved Szathmary two entranceways with star brick at 120 (A) and 122 Campbell Avenue, S.E. 11-054 12/12/11 Mr. & Mrs. Robert Bates 435 King George Ave., H2 Removal of slate roof Approved SW. and installation of Carriage House and Grand Manor shinqles 1 1 -055 12/12/11 Mr. & Mrs. Patrick 601 Highland Ave., SW. H2 Removal of non-historic Approved Murdock upper story porch stair, enclosure of two-storv CA No. Date Applicant Location District ReQ uest Action northeast side porch with novelty siding with trim to match house, installation of full-view door on 1 st floor entry, installation of two double-hung wooden Jeld Wen windows on 2nd floor to match house, and installation of wide band board between floors 1 1 -056 12/12/11 Habitat for Humanity 1429 Patterson Ave., H2 Construction of a new Approved SW. two-story, single family home 1 1 -057 12/12/11 Foster Properties 121 Mountain Ave., SW. H2 Replace slate roof with Withdrawn faux slate (Tamco) and replace flashinq ~/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39325-031912. A RESOLUTION accepting the Blue Ridge Regional DUI Taskforce Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and'authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Commonwealth of Virginia's Department of Motor Vehicles, the Blue Ridge Regional DUI Taskforce 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 Mapager to Council dated March 19, 2012. 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 subgrant. 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 Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. ATTEST: '- ,/, /} Blue Ridge Regional D UI Taskforce Grant.3 - 19-20 I 2 .doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39326-031912. 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 2011-2012 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 2011-2012 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 FY12 35-640-3447 -1003 35-640-3447-1120 $ 3,019 231 35-640-3447 -3447 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. ATTEST ~r UfJiITY Cit~~. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council March 19,2012 Blue Ridge Regional DUI Taskforce Grant Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass through funds provided by the United States Department of Transportation. DMV allocates these funds in the form of grants designed to improve highway safety in Virginia. The Police Department regularly applies for this grant funding directly as well as through the Blue Ridge Transportation "Safety Board. The Blue Ridge Transportation Safety Board has been awarded a DMV grant to fund the Blue Ridge Regional DUI Taskforce. The City of Roanoke as a member of the Blue Ridge Transportation Safety Board has been sub-granted $3,250 to fund DUI enforcement operations on thetarget dates set by the taskforce. This funding will allow the Roanoke Police Department to fund approximately 100 hours of overtime traffic enforcement. No matching funds are required. Recommended Action: Accept the DMV Blue Ridge Regional DUI Taskforce Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate and appropriate funding in the amount of $3,250 in accounts to be established by the O' ector of Finance in the Grant Fund. hri pher P. Morrill City Manager Distribution: Council Appointed Officers . R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget Qk/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39327-031912. A RESOLUTION accepting the Virginia Department of Motor Vehicles Highway Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Commonwealth of Virginia's Department of Motor Vehicles, the Virginia Department of Motor Vehicles Highway Safety Grant in the amount of $3,000. The subgrant, which requires no match by the City, is more particularly described in the report of the City Manager to Council dated March 19, 2012. . 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 subgrant. 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 Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance ofthis subgrant. /~ City Clerk Virginia DMV Highway Safety Grant.3-19-2012.doc ~t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March>> 2012. No. 39328-031912. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a regional Crash Team safety grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 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 Crash Team Grant FY12 35-640-3448-1 003 35-640-3448-1120 $ 2,787 213 35-640-3448-3448 3,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading , of this ordinance by title is hereby dispensed with. ATTEST: ~~ /:puTy City c,T CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council March 19,2012 Virginia Department of Motor Vehicle Highway Safety Grant Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass through funds provided by the United States Department of Transportation. DMV allocates these funds, in the form of grants designed to improve highway safety in Virginia. The Police Department regularly applies for this grant funding directly as well as through the Blue Ridge Regional Crash Team. The Blue Ridge Regional Crash Team has been awarded a DMV Highway Safety Grant to fund its operations. The Roanoke Police Department actively participates in the Blue Ridge Regional Crash Team and has been sub-granted $3,000 in overtime funding to support research into fatal and serious motor vehicle crashes that occur in our region. This funding will allow the Roanoke Police Department to fund approximately 92 hou rs of overtime to participate in the study of regional crashes. No ~atching funds are required. Recommended Action: Accept the DMV Highway Safety Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate and appropriate funding in the amount of $3,000 in an account to be established by the Directo of Finance in the Grant Fund. Istopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget 6V IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39329-031912. A RESOLUTION authorizing acceptance of the United States Marshals Service Grant awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council ofthe City 6fRoanoke that: 1. The City Manager is hereby authorized on behalf ofthe City to accept from the United States Marshals Service, the United States Marshals Service Grant in the amount of$3,864, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel and vehicle maintenance to operate the four warrant service vehicles previously donated in August 2009, to the Roanoke City Police Department. This grant is more particularly described in the report ofthe City Manager to Council, dated March 19, 2012. 2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any documents required to accept such grant. All documents to be executed on behalf ofthe City shall be approved as to form by the City Attorney. ATTEST: .~ City Clerk. R -marshals funding. funding fuel & vehicle maintenance - 3- I 9-20 I 2 .doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39330-031912. AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY12 35-640-3666-2038 $ 3,864 35-640-3666-3666 3,864 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council March 19,2012 US Marshal Grant FY12 Automotive Background: The United States Marshals Service (USMS) regularly supports local efforts to apprehend fugitives from justice. One such program provides funding or equipment to local governments for travel, training or apparatus used for the capture of wanted criminals. This program requires local officers to be sworn members of the U.s. Marshals Service District Fugitive Task Force. All six members of the Roanoke Police Department Warrant Service Unit meet this requirement. Considerations: On October 4, 2011, the United States Marshals Service agreed to give the Roanoke Police Department $3,864 for vehicle fuel and vehicle maintenance to operate four warrant service vehicles. These vehicles were previously donated by the Marshals Service in a separate award. There is no matching funds requirement for this program. Recommended Action: Accept the United States Marshals Service Grant and authorize the City Manager to execute the necessary grant agreement or related documents after review and approval by the City Attorney as to form. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $3,864 and appropriate funding in the same amount in accounts to be established by the Director of Finance in the Grant Fund. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Bl:Jdget jd{' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39331-031912. An ORDINANCE approving and authorizing execution of Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement among the City of Roanoke, the County of Roanoke, and the Town of Vinton; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City of Roanoke, the County of Roanoke, and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated June 9, 1992, that authorized the Roanoke Valley Regional Cable Television Committee (Cable TV Committee or Committee) to provide for the development, administration, and operation of cable television governmental, educational, and institutional facilities and programmmg; WHEREAS, the three jurisdictions have enacted Cable Television Franchise Ordinances effective October 31,2003, and entered into Cable Television Franchise Agreements, pursuant to those Ordinances, with Cox Com, Inc., d/b/a Cox Communications Roanoke; WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement (RVRCTVC Agreement) was modified by Amendment No. 1 dated March 10,2004, to reflect references to the adop~ed Cable Television Franchise Ordinances and Cable Television Franchise Agreements mentioned above. Amendment No. 1 was approved by City Council by Ordinance No. 36578-121503; WHEREAS, the Cable TV Committee has determined that it is desirable to further amend the RVRCTVC Agreement in order to provide more specific notice requirements and other conditions as further described in the City Council Agenda Report dated March 19,2012; and k:lgetlmeasures\20 1 210rd-auth amend no. 2 - rvrctca.doc 1 WHEREAS, the members of the Cable TV Committee have approved a proposed Amendment No.2 as referred to in the above Agenda Report and have recommended and requested that the respective local governing bodies approve and adopt such proposed Amendment No.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the terms of Amendment No.2 to the Roanoke Valley Regional Cable Television Committee Agreement attached to the City Council Agenda Report dated March 19,2012, to this Council. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned Agenda Report. 3. The form of the Amendment shall be approved by the City Attorney. 4. The City Manager is authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No.2 to the Roanoke Valley Regional Cable Television Committee Agreement and the Agreement itself, as amended. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. k:\get\measures\20 12\Ord-auth amend no. 2 - rvrctca.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council March 19,2012 Amendment No.2 to Roanoke Valley Regional Cable Television Committee Agreement Background: On October 6, 2003, Roanoke City Council adopted a revised Cable Television Franchise Ordinance, Ordinance No. 36503-100603, as part of a new franchise agreement with CQxCom, Inc., d/b/a Cox Communications Roanoke. Virtually identical ordinances were adopted in the same month by the County of Roanoke and the Town of Vinton as part of the franchise renewal process with CoxCom, Inc. Each of these ordinances provided that each jurisdiction affirmed;-its continued participation in and support of the Roanoke Valley Regional Cable Television Committee (CATV Committee) which had been created by joint agreement of the three jurisdictions in June 1992 (RVRCTC Agreement). On December 15, 2003, Roanoke City Council adopted Ordinance No. 36578- 121503, to approve Amendment No. 1 to the 1992 RVRCTVC Agreement in order to continue such Agreement and the operation of the CATV Committee during the term of the New Franchise Agreement. The CATV Committee has recently determined that it is desirable to further amend the RVRCTVC Agreement in order to provide more specific notice requirements and other conditions should one of the participating jurisdictions desire to withdraw from such Agreement or otherwise terminate such Agreement, as well as other modifications to the current RVRCTVC Agreement, as previously amended. A copy of the proposed Amendment No.2 is attached to this report. Considerations: The members of the Roanoke Valley Regional Cable Television Committee have met and approved the proposed Amendment No. 2 referred to above. The Committee recommends and requests that the governing bodies of the respective local governments approve and adopt the proposed Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement as set forth above. There is no financial impact to the City of Roanoke as a result of this amendment. Recommended Action: Council approve the terms of Amendment No.2 to the .RVRCTC Agreement as set forth in the attachment to this Report and authorize the City Manager to execute such Amendment in a form substantially similar to the one attached to this report, in a form approved by the City Attorney. Authorize the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer Amendment No. 2 to the RVRCTC Agreement and the Agreement itself, as amen ed. pher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Melinda Mayo, Public Information Officer 2 AMENDMENT NO.2 TO ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT RECITALS THIS Amendment No.2 is dated , 2012, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, ("City"), the COUNTY OF ROANOKE, a charter county and political subdivision of the Commonwealth of Virginia ("County"), and the TOWN OF VINTON, a municipal corporation of the Commonwealth of Virginia ("Town"); WHEREAS, by the Roanoke Valley Regional Cable Television Committee Agreement, by and between the City, the County, and the Town, dated as of June 9, 1992 (the "Agreement"), the City, the County, and the Town authorized the creation of the Roanoke Valley Regional Cable Television Committee (the "Committee") and authorized that Committee to provide for the development, administration, and operation of cable television governmental, educational, and institutional facilities and programming; WHEREAS, by Ordinance Nos. 36503-100603, 102803-12, and 792, effective October 31, 2003, respectively (the "New Ordinances"), the City, the County, and the Town have repealed and superceded Ordinances Nos. 30478-42291, 42391-5, and 545, respectively (the "Ordinances"), with the New Ordinances governing the granting and regulation of one or more franchises to construct, operate, and maintain one or more cable television systems within their jurisdictions; k\teg\cable tv rvtv\amendment no 2 to rvrctv agr 03 1312 (italics).doc 1 WHEREAS, pursuant to the New Ordinances, the City, the County, and the Town have entered into new Cable Television Franchise Agreements with CoxCom, Inc., d/b/a Cox Communications Roanoke, effective November 1, 2003 ("New Franchise Agreements"); WHEREAS, the City, the County, and the Town desire, subject to the terms set forth herein and in the Agreement, to continue the Agreement and the operation of the Committee during the term of the New Franchise Agreements; WHEREAS, by Ordinances Nos. 36578-121503, 030904-3, and 797, the City, the County, and the Town, respectively, adopted Amendment No.1, dated March 10, 2004, to the Agreement; and WHEREAS, the City, the County, and the Town desire to further amend this Agreement to provide more specific notice requirements and other conditions for the termination of the Agreement and other modifications to the current Agreement, as amended. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.2-1300 of the Code of Virginia (1950), as amended, do covenant and agree to amend the Agreement and continue such Agreement and the operation of the Committee upon the terms and conditions as set forth herein and in the Agreement as amended by Amendment No.1 and this Amendment No.2. Section 1. Amendment. The Agreement is hereby amended as follows: a) Section III. PURPOSE AND ADMINISTRATION, of the Agreement IS amended by deleting only the second sentence which reads "The aeministration of an sueh activities shall be undertakoo by the Committee." and substituting in its place the following sentences: "The Committee may operate under the k:lteglcable tv rvtvlamendment no 2 to rvrctv agr 031312 (italics). doc 2 procedures of one of its members and/or have such member be the fiscal agent for the Committee. The parties hereby acknowledge that the Committee presently operates under Roanoke County procedures and that Roanoke County is the fiscal agent for the Committee. The Committee shall exercise the authority and responsibility for all such activities to include, without limitation, the employment, direction, and supervision of the employees of the Regional Cable Television operations, the making of policies for the Committee and/or its operations, and the establishment of subcommittees. " b) Section V. TERMINATION, of the Agreement is amended by deleting the existing Section V of the Agreement in its entirety and replacing it with the following language: "I/: WITHDRAWAL OF A PARTY AND/OR "TERMINATION OF AGREEMENT. A. Any party to this Agreement may withdraw from the Roanoke Valley Regional Cable Television Committee and terminate such party's participation in the Roanoke Valley Regional Cable Television Committee Agreement only as setforth herein by: 1) Such party's governing body must take appropriate action by ordinance or resolution authorizing such withdrawal and termination; and 2) The party seeking to withdraw from such party's participation shall deliver in person or by U.S. certified mail return receipt requested a formal written notice to the Chief Executive k:\teg\cable tv rvtv\amendment no 2 to rvrctv agr 031312 (italics).doc 3 Officer of the other parties to this Agreement on or before June 30 of the then currentfiscalyear, but which notice shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice requirement is to give the nonwithdrawing party or parties at least twelve (12) months notice of the withdrawing party's decision to no longer participate in the Committee and Agreement. " B. Any party to this Agreement who gives a notice of withdrawal shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in subsection A above. C. Any party withdrawing from the Committee and terminating such party's participation in the Agreement shall not be entitled to and shall not receive any financial or other compensation, adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts receivable, or any other items the Committee may own or control or that may be used or held for the benefit of RVTV or the Committee and/or for the operation of the Educational-Governmental (EG) channel(s) RVTV or its successor(s) may operate. D. Upon a party's notification of withdrawal to another party or parties, the nonwithdrawing party or parties, in their sole k:\teg\cable tv rvtv\amendment no 2 to rvrctv agr 031312 (italics).doc 4 discretion, may continue the EG Regional Cable Television operations under the Agreement with such modifications as may be deemed appropriate by the non withdrawing party or parties or under a new agreement that such non withdrawing party or parties deem appropriate. The withdrawing party shall have no vote or right to object to the actions of the nonwithdrawing party or parties regarding the matters referred to in the prior sentence. The withdrawing party shall also have no further right to use or receive the benefits of the EG Regional Cable Television operations after the effective date of withdrawaL E. The withdrawing party shall cooperate with the non withdrawing party or parties in order to provide for a smooth transition of operations and control to such nonwithdrawing party or parties, including, but not limited to, executing any documents and/or providing any information the non with drawing party or parties may reasonably request. F. If at any time the surviving party or parties decide to no longer operate the EG Regional Cable Television operations, such party or parties may do so only upon such terms and conditions as such party or parties may deem appropriate and only in accordance with the direction of the governing body of each such surviving party. k:\teg\cable tv rvtv\amendment no 2 to rvrctv agr 031312 {italics).doc 5 G. The withdrawing party may rescind such party's notice to withdraw only during the first 60 days after the date such notice was given. After such 60 day time period, the withdrawing party may only request that such withdrawal notice be rescinded, but any such rescission request shall require the written consent of all of the nonwithdrawing parties. " Section 2. Effective Date. The effective date of this Amendment No.2 shall be ,2012. Section 3. Continuation of Aereement. The Agreement shall continue in full force and effect, as amended by Amendment No.1, and as further amended by this Amendment No.2. SIGNATURE PAGE TO FOLLOW. k:\teg\cab1e tv rvtv\amendment no 2 to rvrctv agr 031312 (italics}.doc 6 WITNESS the following signatures and seals: CITY OF ROANOKE By: Title: ATTEST By: Title: COUNTY OF ROANOKE By: Title: ATTEST By: Title: TOWN OF VINTON By: Title: ATTEST By: Title: Approved as to form: Approved as to execution: By: City Attorney By: City Attorney Approved as to form: Approved as to execution: By: County Attorney By: County Attorney Approved as to form: Approved as to execution: By: Town Attorney By: Town Attorney k:\teg\cab1e tv rvtv\amendmentno 2 to rvrctv agr 031312 (italics).doc 7 (ct~7 {)t; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39332-031912. A RESOLUTION readopting an Emergency Operations Plan for the City of Roanoke. WHEREAS, this Council is greatly concerned with the health, safety, and well-being of its citizens and desires that the best possible emergency services be available to them; WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia (1950), as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan which addresses its planned response to emergency situations; WHEREAS, such an Emergency Operations Plan was developed by City staff in coordination with the then Virginia Department of Emergency Services, and City Council, by Resolution No. 35688-121701, authorized the adoption of an Emergency Operations Plan; and WHEREAS, the Emergency Operations Plan has been revised and updated and State law requires the readoption of emergency operations plans every four years; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby adopt the revised Emergency Operations Plan for the City of Roanoke in accordance with the recommendation contained in the City Manager's letter to Council dated March 19,2012. K:\MEASURES\EMERGENCY OPERATIONS PLAN 20I2.DOC CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council March 19,2012 Emergency Operations Plan Reauthorization Background: The City of Roanoke prepares and maintains the Emergency Operations Plan, hereafter referred to as the Plan, in accordance with the Code of the City of Roanoke, Virginia, Section 2-126 and the Commonwealth of Virginia Emergency Services and Disaster Laws, Title 44, Chapter 3.2. The Council of the City of Roanoke adopted the current Plan on October 1, 2007. In accordance with the City's Emergency Performance Grant, signed with the Virginia Department of Emergency Management, the Plan requires reauthorization at the end of the fourth calendar year which was extended until March 2012. Considerations: The Plan provides an organizational framework and response capability from which the City can respond to any type of disaster or large-scale emergency whether the cause is natural, technological or war-related. Associated departments have reviewed and revised the applicable sections of the Plan and those changes have been incorporated. The plan provides that emergency services operations be structured around existing constitutional governments and that the City Council in the event of an emergency confer upon the City Manager as Emergency Management Director, or Coor.dinator of Emergency Management in the absence of the Manager, the authority to act in accordance with the Code of Virginia, !344-146.21, Declaration of local emergency. . Recommended Action: Council authorizes the 2012 Edition of the Emergency Operations Plan for the City of Roanoke. Christopher P. Morrill City Manager Distribution: Council Appointed Officers /- 1.a.. 5: 2012 Emergency Operations Plan The--"C-om-m-o-nwealth-of- Vlrglni-a-.Emergency--Servlces-and Disaster Laws of 2000" (Cod~ ofVirgi[lia, ~ 44-146.13 t944- 146.29:2) requires the City...' to I " - Develop and maintain current Emergency' Operations Plans (E 0 P) ;' ~-- ~----- --- --1 , , ~ Formally. adopt the plan by the governing. body; '-I _, , ! - Establish and maintain alert ana warning plan for ". I dissemination of adequate and timely warning to the public in the event of an emergency or threatened disaster; - ~nGlu~e ~;uida~ce f?~ opef~tion pf al~rt~nd vyar,:,ing[system to nicluGje :~lrenS,l the:IEmerg;ency ~Iert Syst~m! fJtAS),i Qr_ I .' I ,_J, l 'I,. II' I - I , _, P___J comibination threre:of. I; I: '-~,:, ,11 ! ',__ : '-I, : L~-~j I : I:! i (J [ . 1 L-_, ....-1 I : L. '-. ' : "I : _ .J ' I '-.~ '- ,_ 1 I ___. n. ___ __, -J -1 L....: l___... _ _ ~,-! -.... ~, '--- ..____ ___._.-___~J Organization of the City EOP -~~--_. ~.- --, - --,---- ----- ----~._-- ----- -- -----~, _._----_._-~ ----.- -'.~~-'._' --'-.---- ..--- '-- _.~~- ------..- - -' --- ------ ~~l?@~ @OD~ LSODQi)@19.0JIO t.\Qi)[1O@~@8 SJ~j}:) }X0i t 1/.\ fJ fJ'~>'I';:..l-':~ r~ --../'J ~'--' :J Incident Specific Annexes '.'. Concept of Operatio~~, EOC Organization, Roles and Responsi~ilities, Line of Succession, and Definitions,etc. Groups capabilities & resources into functions that are most likely needed during anc-incidenfn.---! (e.g., Transportation, Firefighting, Mass Care, etc.) : 11- I Describes commoncprocesses and specific administrative requirements (e.g., Public I I Affairs, Damage Assessment, etc.) Outlines procedures, roles and - ~_-' responsibilities for $pe~iJic contingenc.es " i (e.g~, Terrori~~,Eart~qua~~, etc.) t,: I I . 1 I d se I' I'. I ., I f ii, I. I ! ~L:l . I ;- . I!: I I I '! ) JJ r- ~ -. - --- - - - i 'I -.J LJ , , i L.. ...., ~L--_ :.. 0- -\ Emer'gency Support Functions · ESF 1 Transportation 1---------------- ---.~.------------- ---.- _n_________ ---- ----------- ---..----.------- · ESF :2 Communications I · ESF i3 Public Works . · ESF 14 Firefighting I -. · ESF)S Emergency Manage~_~ht · ESF i6 Mass Care, Housin~f & Human Services · ESF 17 Logistics Management & Resource Support I · ESF 18 Pyblic-HeaUh & Medical Services I _ I- · ESF 9 Search and Rescue c: · ESF 10 Oil and Hazardous Materials Response · ESF 11 Agriculture and Natural Resources · ESF 12 Energy · ESF r1.~J?~blic SafetYL~ $ecurJ~Y f'~ n · ESF:14 Ldhg te~m co:~muniltyi.-Reco~e'lry., II I · ESF!15 ~terllbl Affaidi ,'- ":', II'~~ II rJ . . ESF 116 M-illitarV~8u~ i~ ' II ~ U :J' 1. .ESF 17 Donations and Volunteer Management "1._] Annexes to the City EOP r'-'~'~--""'-'-""~-'-'----'-'"' -~- -------- ----. ~-------_.- ! In~ident Specific .Hazard I 1. Airport Incident 2. Catastrophic ! 3. !pam Safety , ! 4. Earthauake--- i ___ 5. Flooding' 6. Hazardous Materials 7. 1- Severe Weather 8. Terrorism r-- -~---=--- , , II , --'. ,~- -- .~-- ~_. I :-' I~ : , !' I II I; : , I !T! ~' .:-~ 1 r i ! I i . , I , i . , i ;1 ._J .-'-' . "_~ll -" . - . I . I., j i i I , J !. I. i II II .J ----I I , __...J .f..--Sui;!port 1. Animal Care-& Control 2. Damage Assessment -- --- -'---------... '__'_" I 3. Debris Managenien! 4. Evacuation ,. L L L_. 5.:J Financial Management 6. Information Technology.. 7. Logistics Management 8. Public Affairs II'; 9.~ w~~~in~~,:; -I c/ I iLl." II 'I 1 ~ ' ~i I ~ '"101 w~r~er ~~fetyJ&Llt~~~th 'c~cccc" : I l.. .. ...... ..:.... . ...:. Support:ing priogrramls andl planls r/eferiencedl inl EOP ,----- ______________u__________ .-. _ ---- ------------- ---.-.-- ----- .------ -- ---.- _ ---------------- _____________._____1 -: Roanoke Valley Pre-Disaster Mitigation Plan I , - - i I ; - .. - - ,_. . . I -j Roanoke Valley Hazardous Materials' plan ___ ----- --.- --- --- ; - 1 !-~ - .. -, Roanoke Debris Management Plan I ! ! -- ------------ ---_._------ .i Community Animal Response Team (CART)PI,an I 1 . -; - -I I I . ___ - .- : i - -- : -l-F-a-rriily Assistance Center Plan I -, , I ~1 , I - Mass Casualty & Mass Fatalitv Plan l, · Levee Evacuation Plan -luEm~rgen:cvL,Shelter Plarr'-~ _ 'Ill [~', I . I ': "I II' ii','. Iii I ! : .i fu>e'cia11 Need's/D;I~asterINeed~R~gistrV: i- L.I- .', = ~.:J~. J :- ! : I_! lJ ....! I '_"_': _ =-:>' '-Emergency Management Advisory Grou~ l. r: . , r It 5:- I eJ- , I .f!- ----.-..-- I , ---- ---=~,.~..~~_:_~::J ~rt:5 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39333-031912. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2012 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1-,3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1,2012, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221-101705 adopted by City Council on October 17,2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 64.75% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 64.75% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all availablePPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. ATTEST: -/ 2 CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council March 19, 2012 Adoption of Tax Year 2012 Personal Property Tax Relief Percentage Background: The Personal Property Tax Relief Act (PPTRA) provides relief to owners of personal use motor vehicles state wide. The City uses the "Specific Relief' method, one of two methods available for the distribution of the relief. The "Specific Relief' method enables localities to apply available state relief on a per-vehicle basis using the same percentage across the board to the first $20,000 of personal vehicle value. Vehicles valued at $1,000 and below are exempt from taxation. Consideration: City Council is required by the Commonwealth to annually adopt a resolution setting the percentage reduction in personal property for that year. City staff computed the effective reimbursement rate using the PPTRA Allocation Model, developed by a working group of local officials and used across the Commonwealth. The percentage reduction is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in the manner described above. The allocation model applies a five year average of personal property data to the vehicle levy from the prior year. When the prior year levy and the calculated averages increase, as is the case this year, the relief percentage decreases. Since there is a fixed grant amount, the higher the levy, the smaller share each taxpayer receives. The rate as computed for tax year 2012 is 64.75%, down slightly from the 2011 rate of 64.97%. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 64.75% for the City of Roanoke for the 2012 tax year. a~ ANN H. HAWVER - ~ Mayor and Members of City Council March 19,2012 Director of Finance Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Council Appointed Officers Amelia C. Merchant, Director of Management and Budget 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 21,2012 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39334-031912 to transfer funding from the Federal and State government grants for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19,2012, and is in full force and effect upon its passage. Jonathan E. raft Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget ~~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39334-031912. AN ORDINANCE to appropriate funding from the federal and state government grants for various educational programs, amending and reordaining certain sections of the 2011-2012 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 2011-2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Stipends Teacher Stipends - Highland Park Social Security - Highland Park Materials and Supplies - Highland Park Part-time Tutors - Jackson Social Security - Jackson Part-time Tutors - Garden City Social Security - Garden City Contracted Services - Professional Development- Garden City ..' Teacher Stipends - Monterey Social Security - Monterey Materials and Supplies - Monterey Materials and Supplies Revenues Federal Grant Receipts State Grant Receipts Federal Grant Receipts 302-11 0-0000-0000-930S-611 00-41129-9-01 302-110-0000-0110-133F-61100-41129-2-01 . 302-110-0000-0110-133F-61100-42201-2-01 302-110-0000-0110-133F-61100-46614-2-01 302-110-0000-0230-133F-61100-41121-3-01 302-110-0000-0230-133F-61100-42201-3-01 302-110-0000-0300-133F-61100-41121-2-01 302-11 0-0000-0300-133F-611 00-42201-2-01 302-11 0-0000-0300-133F-611 00-43313-2-01 302-11 0-0000-0370-133F-611 00-41129-2-01 302-110-0000':0370-133F-61100-42201-2-01 302-110-0000-0370~133F-61100-46614-2-01 302-110-3300-0000-361 F-62140-46615-9-00 302-000-0000-0000-133F-00000-38010-0-00 302-000-0000-0000-361 F-00000-32340,..0-00 302-000-0000-0000-930S-00000-3841 0-0-00 $ 44,452 10,730 800 3,757 14,000 1,287 12,100 900 2,287 9,400 600 5,287 16,094 61,148 16,094 44,452 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: t::t;r ~11Y City Clerk. March 19, 2012 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 Tuesday, March 13, 2012, the Board respectfully requests City Council approve the following appropriation requests: New Appropriation Mentor Teacher Program for Hard-to-Staff Schools 2011-12 Revised Appropriations Total New Award $16,094 Additional Award Title I-A School Improvement 1003(a) 2011-12 Education Jobs Fund 2010-11 $61,148 $44,452 IJ:I~ mA ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chajrman Todd A. Putney Vice Chajrman Mae G. Huff Annette Lewis Suzanne P. Moore Lori E. Vaught Richard Willis Dr. Rjta D. Bjshop Superintendent Cindy H. Poulton Clerk of the Board The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~-tT.P~ Cindy H. Poulton, Clerk pc: Timothy Spencer 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 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council March 19, 2012 School Board Appropriation Request Background: As the result of official School Board action at its March 13th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2011-12 MentorTeacher Program for Hard-to-StaffSchools program increase of$16,094will be used to provide funding to support the division in enhancing mentor teacher programs in designated hard-to-staff schools. Funding is provided based on the number of teachers with zero years experience in the designated schools. The program is fully funded by state funds and will end June 30,2012. This is a continuing program. The 2011-12 Title I-A School Improvement 1003(a) program funding of $61,148 will be used to support the division in its effort to increase student learning at low-performing schools as well as provide the opportunity for students to choose a higher performing school as an alternative. Originally, funding was awarded to Lincoln Terrace and Round Hill Elementary schools. Subsequent funding was made available for awards to Garden City, Highland Park and Monterey Elementary schools and Jackson Middle school for the 2011-12 school year. This program will be fully reimbursed by federal funds and will end September 30, 2012. This is a continuing program. The 2010-11 Education Jobs Fund program increase of $44,452 will be used to provide additional one-time funding to support local teacher and other school-level personnel salaries and related expenses at the early childhood, elementary and secondary school levels. The increase is a result of a supplemental grant awarded to Virginia by the u.s. Department of Education. The program will be fully reimbursed by federal funds and will end September 30, 2012. This is a new program. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS ,.' j./lc...., / ,. ...J l../ ~.... ,,// IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39335-031912. A RESOLUTION.repealing Resolution No. 26234-092782, adopted September 27, 1982, and abolishing the War Memorial Committee. WHEREAS, the duties and responsibilities heretofore conferred on the War Memorial Committee are no longer required by City Council, and Council deems it appropriate and expedient to abolish the War Memorial Committee; and WHEREAS, there are currently no members serving on the War Memorial Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 26234-092782, adopted September 27, 1982, be and it hereby is REPEALED, and the War Memorial Committee be and it is hereby ABOLISHED. ATTEST: City Clerk. K:\Measures\Abolish War Memorial Committee 20l2,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: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON~ MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 21,2012 David O. Williamson, Esquire 30 West Franklin Road, Suite 800 Roanoke, Virginia 24011 Dear Mr. Williamson:. I am enclosing copy of Ordinance No. 39336-031912 repealing proffered conditions 1 through 5 set forth in the First Amend ment Petition, filed August 17, 1994, and accepted by City Council when it adopted Ordinance No. 32212-102494, on October 24, 1994, with respect to property located at 752 Orange Ave., N. E., bearing Official Tax No. 3042002, be repealed as requested in the Zoning Application dated January 5, 2012, and that such property be zoned CG, Commercial General District. ~ The abovereferenced measure was adopted by. the Council of the City of Roanoke at a regular meeting held on Monday, March 19,2012; and is in full force and effect upon its passage. Sincerely, . Enclosure pc: David Jones, P.O. Box 11586, Roanoke, Virginia 24022 PM Properties, Inc., P.O. Box 12203, Roanoke, Virginia 24023 Susan K. Dunn and George Snow, 723 Orange Avenue, N. E., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney David O. Williamson, Esquire March 21,2012 Page 2 pc: Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission c{t""V' K:\sjt\measures\planning commission measures\ord-repeal proffered conditions-752 orange ave. doc 1 they pertain to property located at 752 Orange Ave., N.E., bearing Official Tax No. 3042002, as set forth in the Zoning Application dated January 5, 2012. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Proffered Conditions 1 through 5 set forth in the First Amended Petition, filed August 17, 1994, and accepted by City Council when it adopted Ordinance No. 32212-102494, on October 24, 1994, with respect to property located at 752 Orange Ave., N.E., bearing Official Tax No. 3042002, be repealed as requested in the Zoning Application dated January 5,2012, and that such property be zoned CG, Commercial General District; and thatS36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 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: K:\sjt\measures\planning commission measures\ord-repeal proffered conditions-752 orange ave.doc 2 To: Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council March 19,2012 Request from David O. Williamson, on behalf of RYT, llC, to repeal all proffered conditions set forth in the First Amended Petition, filed August 17, 1994 and accepted by City Council by the adoption of Ordinance No. 32212-102494, as they pertain to the parcel of land at 752 Orange Ave., N.E., bearing tax no. 3042002. Repeal of the proffers will result in a CG, Commercial General District, with no conditions. The proposed general usage of the property is "building supplies and materials, retail." The comprehensive plan designates the property for general commercial. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, February 16, 2012. By a vote of 4 - 0 the Commission recommended approval of the rezoning request to remove all the proffered conditions on the property to be consistent with Vision 2001-2020 and the Hollins/Wildwood Area Plan. The existing proffered conditions unreasonably limit the use of the property given its location and context. Removing the proffers will enable the property to be reused and redeveloped. Application Information Neighborhood Plan: Specified Future Land Use: Filing Dates: Amend (delete) roffered conditions RYT, LLC (Robert Youn ) David O. Williamson, Es . Chris Chittum, AICP, Plannin Administrator 752 Oran e Avenue, NE 3042002 1.35 acres CG, Commercial-General, with conditions CG, Commercial-General None Retail sales of building supplies and materials and outdoor dis la area. Hollins/Wildwood Area Plan General Commercial Original application January 5, 2012 Background October 24, 1994, City Council rezoned the site from HM, Heavy Manufacturing District, to C-2, General Commercial District, with conditions. Conditions related to limiting the use to sales and rental of automobiles, along with incidental repair, painting, and body work. Other conditions related to improvements to the building, buffering, and establishment of parking/display areas. A new business recently attempted to obtain a business license for the location and found that the conditions on the property precluded the use, even though the zoning district permits the use. Some inventory of large stone slabs had already been moved onto the site. Considerations Surroundinq Zoning and Land Use: Zoning District Land Use North 1- 1 Industrial, stormwater management facility South CG Salon, retail, and qas station East 1-1 Industrial CG Vacant land West 1- 1 Vacant land with two outdoor advertisinq structures Compliance with the Zoninq Ordinance: The proposed use would be classified as "building supplies and materials, retail," which is a permitted use in the CG district. The outdoor display area is also permitted as an accessory use, subject to supplemental regulations of See. 36.2-422 : (a) Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use; (b) The principal use with which the outdoor display area is associated shall occupy a minimum of five thousand (5,000) square feet of gross floor area; (c) Such outdoor display area shall be limited in square footage to fifteen (1 S) percent of the area of the principal building; (d) The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six (6) feet; 2 (e) Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and (f) Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress. The building is listed in real estate records as being 8,070 square feet, which would limit the outdoor display area to 1,210.5 square feet. When staff visited the site, the existing display area clearly exceeded this maximum area. The display area will need to be reduced by relocating a portion of it within the building. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Hollins/Wildwood Area Plan encourage the infill development of underused commercial property. The building, constructed in the mid-1 940s, is located approximately 120 feet from the street behind a large asphalt parking area and therefore does not conform to current building placement and parking standards. The proposed zoning and use conform to the future land use plan contained in the Hollins/Wildwood Area Plan, which designates the property for general commercial land use. Relevant Vision 2001-2020 policies: . ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas of Roanoke tO,serve the needs of citizens and visitors. Relevant Hollins/Wildwood Area Plan policies: Community Design: . Design: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections o Minimal curb cuts, shared parking, increased lot coverage, signs co- located, no excessive lighting, and orientation of buildings close to the street . Zoning: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. . Parking: Paved parking spaces should be minimized. 3 Economic Development Policies . Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. The proposed use is of the existing building and site as they currently exist. No modifications to the building or site are proposed. Any future modifications will be required to conform to current development requirements of the CG district. City Department Comments: The Building Commissioner advised that a new Certificate of Occupancy would be needed as this is a "change of use." Public Comments: None. Planning Commission Work Session: None. Planninq Commission Public Hearing Discussion: Mr. Ray Snow appeared and stated that he owned two properties across the road from this property and he was happy to see somebody over there, especially a retail business there. L a Katz, Chair City Planning Commission cc: Chris Morrill, City Manager Timothy Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney David Williamson, Esq., Counsel for the Applicant Robert Young, RYT, LLC, Property Owner 4 .r..:, .!, " '" .. ,,;.'p~i.~g:,~m.q,".m_,nt ,..... . '.-. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue,S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IJanuary S, 2012 Submittal Number: lorl910al Application , '/';-:1,,'.,' F' 'l ,", I""" \" ~,~, ".,1.>'<" ~ ;t l.:,t t~\.:,~.~ J :.1.:1.~ 1 .1,1r~tL sf"'.~')~"Ii~t o Rezoning, Not Otherwise listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District [8J Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District . <'T:(~'I.i'hFi'l..)~:ij}JJ .)i,H;' Address: 1752 Orange Avenue ~ ,oN. E. OffICial Tax No(s).: 13042002 Existing Base Zoning: I (If multiple zones, please manually enter all dIstricts.) CG Ordinance No(s). for Existing Conditions (If applicable): 132212-102494 Reque'sled Zoning: ICG, Commercial-General I Proposed land Use: IGeneral Commercial I I IIRl With Conditions o Without Conditions Phone Number: 1(540) 797-2562 E-Mail: ~b:1"-\~~l@~.Cd1 I Phone Number: l. I E-Mail: t I I Name: Address: Applicanfs Signature: Address: Name: Phone Number: 1(540) 344-7600 ] Roanoke, VA 24011 EM" Ii ll' J b r1 - BI; La Lo.h "A-~ @. it1 /AJ In uAt Ci>!V\ Au~orize ROANOKE IX Completed application form and checklist. IX: Written narrative explaining the reason for the request. C Metes and bounds description, if applicable. !X: Filing fee. I Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. C Written proffers. See the City's Guide to Proffered Conditions. C Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as · 'development plan' if proffered. C Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. C Comprehensive signage plan meeting the requirements of Section 36.2-336{d)(2) of the City's Zoning Ordinance. I Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. IX Written proffers to be amended. See the City's Guide to Proffered Conditions. IX Copy of previously adopted Ordinance. C Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. C Copy of previously adopted Ordinance. C Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. C Copy of previously adopted Ordinance. C A Traffic Impact Study in compliance with Appendix 8-2(e) of the City's Zoning Ordinance. r Cover sheet. C Traffic impact analysis. I Concept plan. I Proffered conditions, if applicable. C Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. REQUEST FOR AMENDMENT TO PROFFERS The property owner, RYT, L.L.C., requests that the current proffers affecting this property be removed to allow the operation by its tenant of a retail buUding supply business specializing in solid countertops such as granite and marble. AMENDMENT TO PROFFERS Such proffers as are contained in ordinance Number 32212-102494 are removed. /. 17 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32212-102494. AN ORDINANCE to amend S36.1-3, Code of the City of Roa~oke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, Ci ty of Roanoke, to rezone certain property wi thin the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at. its meeting on October 10, 1994, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council,. after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of hereinafter described property should the opinion that the be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36. 1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 752 Orange Avenue, N. E., and designated on Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3042002, be, and is hereby rezoned from HM, Heavy Manufacturing District, to C-2 General Commercial District, subject to the proffers. set out in the First Amended Petition filed August l7, 1994, and that Sheet No. 304 of the Zone_ Map be changed in this respect. ATTEST: City Clerk. l~..:.-_.~_....__. . IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of an existing Petition for rezoning of a tract of land lying on Orange Avenue, N.E., in the City of Roanoke, being known as 752 Orange Avenue having a tax number 3042002, from 8M, Heavy Manufacturing to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: COMES NOW the Petitioner, Doug Trout, and files the following amendments to a rezoning petition previously filed concerning the above-styled stated tract of land. The amendments to the rezoning petition are as follows: 1. The current owner of the property is no longc:r Brabham Petroleum Company, but is now Doug Trout; 2. The Petitioner has gained the initial approval of the Roanoke Redevelopment and Housing Authority which has no objection to amending the map of the Deanwood Expansion Project to allow for C-2 zoning; 3. The Petitioner proffers and agrees tbat if said tract is rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following additional conditions: '-. 1. That the existing brick building will be improved for awnings, painting and exterior cosmetic changes. 2. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles, where the lot area is greater than 20,000 square feet, and additionally, the establishment wiJJ be engaged on an equal basis in automobile body and fender repair and automobile repainting. 3. That the parking lot is more than 20,000 square feet and will be repaved and there wiD be no outdoor storage of damaged automobiles, equipment, auto parts br other related materials than can be seen from the street or any adjoining property. 4. That there will be an appropriate buffer of trees on the north and northeastern boundaries of the property as :well as across the road frontage on Orange Avenue as shown on the sit.~ plan. S. That the Petitioner will file an application to the Roanoke Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. WHEREFORE, the Petitioner request that above amendments be included and incorporated in the pending Rezoning Petition currently pending before City Council and that such special exception status as required be granted. "', Respectfully submitted this ~ day of August, 1994 Respectfully Submitted, By: (A~~ Doug rout, Owner '\-. ~---~.._... .- 313 Campbell Avenue, S.W. P.O. Box 1578 Roanoke, VA 24007-1578 CONCEPT PLAN As indicated on the attached illustration, the subject building located in the center of the subject property (3042002) is to be utilized as a retail building materials business. I'" :1(> '0' , ):0 if. ~ ~i\.___ .. - ,... CO: _ 0... "0 \.) . ~~ ;;:... _ _ N ~: ::a'I ~O' \--~~---- 00: -0 Q L-- T L 'f '" 0' .. :z: %... o :x <t ... .. .. '" '" z ... ..... 0> .. ... 0 ..l 0: % l'-- ~ ..J CII NCf3-LS3 JTIO--~- 'qo ":'"". ", - - ---' ,j ,.; ,r--. 4 ...... ~- ..l '~, ~ 2)', 0",:;:.., .. , ". ..:~ .: ';" ......0: '.. ---- 1".'- t, tSO I IIZI SNI"iiOH 'ZS;61' ~ ,i:j;;~";,(r>:~:,, ",," l'l to rJ'~I~~/ 'C.r~ EJ'-- ~ . " ~, ~<1' o " .d w ::> Z ~w uJ> 0<( '" - '-----~<:-/<-:{\ uJ 2 () t. C!) 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I Official Tax Map No. 3042002 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+-------~--------------- \ \,,, i IIIII ", E ", ,\\ o..\QG T112 I" , <")...,' ..... ". A..... " v.' tv. '.'V .. f * .... f:J(}.,./jIr.~.:.VO..':;. .. : Ir~G '&!..;,,, . ~- :: C'): ll1y . yj<.] <... ': 0 = = C> : CO{1, 3251 . m - = ~ :. ~(*:1Ryt,1,(SS!O~3 "=...t = -:. O-f.o .. S 'v . .....-:: ....,,?':?,t; .... '1 c.... .... ~ ~ '/ <'41 .....;::.7 -# ,'" T0TAL; C0ST:':' - 434.32 "1 zl/j OF \}\~\:) \,'" 'F--I....L--E..D--..O._..N. ":' .,' "'L.', 03"'13'/12' r I i 'I' \\", . _. ...'-_.....u...' -. . I' ':::;' ',T,." '; 11111.\'" -.: ':'",':" . ~4.~.l.j::': ~.I- 7' ~ - - _"~:~C'~:.! - sr.;::'(~. - ';: ':;.~::;.;; ;;~;';+:f?'r.:'~ -~p'~~(';-:;;_s ~:::::r=="- fp"T 2 - - - - +.,;. - - - - - - - - - -1- - - - - - - - - - __ CTr.^\CtJJJI! 'J,[ ..K~)::~ruOr~'S ~ C.;OlliLUOD'I'lIl(;(~rJ- a!:'sr;;~.G" 01.: i' I I ! DAVID O. WILLIAMSON, ESQUIRE DAVID O. WILLIAMSON, ESQUIRE 30:W FRANKLIN ROAD, SUITE 800 ROANOKE VA 24011 REFERENCE: 86023287 12931614 LLC NPH-RYT, State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: : .J ,:_~, ..c. ~r :-:: City/County of:Ro.~noke, Commonweal'th/State of Virginia: sworn'arid subscribed.beforecme-th:is. ; A3~ay of MARCH 2012. Witness my hand and official seal. U . otary Public PUBLISHED ON: 03/02 03/09 Authorized Signature: ~ €I' f II/iJJ- 4 7If l.lIlt.M, ( I cr:r ;:. ~~~ :.' : I.."'''' !c.t:....y- T':' :.I'_..'j. -1-. _ ~ .' I I. Billi1j1g , ! I I I I I f I I I I I I I I I I I I I I I I "'/i',' "j.: if - . I' I I ._,j I I !"-:"./-., . : : NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public ~earing on Monday, March . 19, 2012, at 7:00 p.m., or " ... as soon thereafter as the mailer may be heard, In the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S:W., Roanoke, Virginia, to. consider the following: '"Request from David O. , ' - "mson, on behalf of , LC, to repeal all prof 'redcondltlons set forth in the First Amended Petition, filed August 17" 1994, and accepted by City; , Council by the adoption ofl o r din a n c e No.' 32212.102494, as they' pertain to the parcel of land at 752 Orange Ave., N.E., bearing Official Tax No. 3042002. Repeal of the proffers will result In a CG,. Commercial General District, with no conditions. The proposed general usage 'of the property Is "building supplies and materials, retail." The comprehensive 'p,l,a,n: des i,g n at'e's ,t h.e. property for general commercial. Copies of the application , are available for review In i the Office of the City Clerk, Room 456, Noel C. Taylor . , Municipal Building, 215 Church' Avenue, S.W., Roanoke, Virginia. All parties In interest and citizens may appear on the above date and be heard on the mailer. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 28th day.of February, 2012. Stephanie M. Moon, MMC City Clerk. G.'!:':;:'; (12931614) services , : ! , Representative I , I ~ ~~~\t <..~ .,"~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, March 19,2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from David O. Williamson, on behalf ofR YT, LLC, to repeal all proffered conditions set forth in the First Amended Petition, filed August 17, 1994, and accepted by City Council by the adoption of Ordinance No. 32212-102494, as they pertain to the parcel of land at 752 Orange Ave., N.E., bearing Official Tax No. 3042002. Repeal ofthe proffers will result in a CG, Commercial General District, with no conditions. The proposed general usage of the property is "building supplies and materials, retail." The comprehensive plan designates the property for general commercial. Copies ofthe application are available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the abovedate 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 28 ttday of February , 2012. Stephanie M. Moon, MMC City Clerk. K:\Talevi\planning commission 1 \public hearing notices\20 12\752 orange aye noph,doc Notice to Publisher: Publish in the Roanoke Times on Friday, March 2 and Friday, March 9,2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: David O. Williamson, Esquire 30 West Franklin Road, Suite 800 Roanoke, Virginia 24011 (540) 344-7600 dwilliamson@bmwlaw.com K:\Notices\2012\March\NPH-752 Orange Ave.doc AFFIDAVIT: AMENDMENT OF PROFFERS: 752 Orange Ave., N.E., Tax Map No. 3042002 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Rebecca Cockram, 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 27th day of January, 2012, notices of a public hearing to be held on the 16th day of February, 2012, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 3042001 3042008X 3042007 3041224 3041221 3030403 Owner and Mailina Address Applicant City of Roanoke JONES DAVID M PO BOX 11586 ROANOKE VA 24022 PM PROPERTIES INC PO BOX 12203 ROANOKE VA 24023 3030404 DUNN SUSAN K SNOW GEORGE RAY 723 ORANGE AVE NE ROANOKE VA 24016 3030406 KERR SUSAN D 723 ORANGE AVE NE ROANOKE VA 24016 ~ R1 J ~ d)c/uJMft j Rebecca Cock ram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of January, 2012. ~ K. rJW:2 Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #28207 My Commission Expires 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, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk March 6, 2012 CECELIA T. WEBB Assistant Deputy City Clerk David O. Williamson, Esquire 30 West Franklin Road, Suite 800 Roanoke, Virginia 24011 Dear Mr. Williamson: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 19, 2012, 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 David O. Williamson, on behalf of RYT, LLC, to repeal all proffered conditions set forth in the First Amended Petition filed on August 17,1994, and accepted by City Coun.cil pursuant to Ordinance No. 32212-102494, pertaining to a parcel of land at 752 Orange Avenue, N. E. For your information, J am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the March 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, J rn.fY)~ Stephanie M. Moon, MMC / City Clerk SMM:ctw Enclosure 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 March 6, 2012 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 19, 2012, 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 David O. Williamson, on behalf of RYT, LLC, to repeal all proffered conditions set forth in the First Amended Petition filed on August 17,1994, and accepted by City Council pursuant to Ordinance No. 32212-102494, pertaining to a parcel of land at 752 Orange Avenue, N. E. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy ofthe report of the City Planning Commission, please call the City Clerk:s Office at 540-853-2541. Sincerely, ~~.l7JOlhV Stephanie M. Moon, MMC f City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 21, 2012 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39337-031912 authorizing the proper City officials to execute a contract to sell to NDRA II, LLC, certain City owned property located at 4412 Huff Lane, N.W., Roanoke, Virginia, and identified as an approximate 5.310 acre portion of Tax Map No. 2370101, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19,2012, and is in full force and effect upon its passage. Sincerely, Enclosure pc: NDRA II, LLC, 12503 Bay Hill Drive, Chester, Virginia 23836 Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Susan S. Lower, Director, Real Estate Valuation Robert B. Ledger, Manager, Economic Development p:.' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2012. No. 39337-031912. An ORDINANCE authorizing the proper City officials to execute a contract to sell to NDRA II, LLC, certain City owned property located at 4412 Huff Lane, N.W., Roanoke, Virginia, and identified as an approximate 5.310 acre portion of Tax Map No. 2370101, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on March 19,2012, pursuant to Sections 15.2-1800 and 15.2- 1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a contract to sell to NDRA II, LLC, certain City owned property located at 4412 Huff Lane, N.W., Roanoke, Virginia, and identified as an approximate 5.310 acre portion of Tax Map No. 2370101, upon certain terms and conditions as set forth in the contract attached to the Agenda Report to this Council dated March 19,2012. Such contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. The purchase price to be paid to the City shall be $1,850,000.00, as set forth in such Agenda Report. k:\get\measures\20 12\Ord-auth sale of huff In prop,doc 1 2. The City Manager IS further authorized to execute such further documents, including a Deed of Conveyance, and take such further actions as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to NDRA II, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned contract and any subsequent documents. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: k:\get\measures\20 12\Ord-auth sale of huff In prop.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council March 19,2012 Request To Approve the Sale of a Portion of 4412 Huff Lane, N.W. (a portion of Tax Map Number 2370101) also known as the former Huff Lane School Site Background: NDRA II, LLC, a Virginia Limited Liability Company, has made a proposal to acquire an approximately 5.310 acre portion of the City-owned parcel located at 4412 Huff Lane, N.W. (a portion of the Tax Map Number 2370101), which is the former Huff Lane School Site (Site or Property). NDRA II, LLC, proposes to construct two hotels and a restaurant on the site. The remaining portion of the parcel contains approximately 10.704 acres, which is currently, and will continue to be, used for recreation purposes. The proposal includes a purchase price of $1,850,000 for the approximate 5.310 acre portion of the parcel. The current assessed value of land and improvements for the entire parcel designated by Tax Map Number 2370101 is $2,515,200. On June 11, 2010, the Roanoke City School Board made the decision to close Huff Lane Elementary School after an analysis of attendance zones. Students attending the school were subsequently relocated to nearby Round Hill Primary School fRound Hill). In April 2011, Roanoke City Council (City Council) solicited proposals for the sale and development of an approximately 5.310 portion of the 15.8 acre Site. The City established a minimum price of $1,500,000 with proceeds from the sale to be returned to the Roanoke City Public Schools for use in the renovation of Round Hill. The City received seven proposals. Staff then undertook a thorough analysis of the proposals based upon their adherence to the City's solicitation criteria, short term and long term fiscal impacts, and land use compatibility. In November, 2011, based on a recommendation from staff, the City Manager recommended to City Council the proposal submitted by NDRA II, LLC's, parent entity and Poe & Cronk Real Estate Group (Poe & Cronk). In addition to exceeding the City's initial minimum asking price, staff also determined this plan to be the best and highest use for the Site, and most compatible with several adjacent residential neighborhoods, as well as the highly-traveled Valley View Boulevard retail corridor. On January 10, 2012, staff from the City's Economic Development and Planning Departments attended a joint meeting of the Grandview Neighborhood and Dorchester Court Neighborhood Watch Associations. During that meeting, staff shared with attendees the proposed layout of the Site, as well as several key elements included in the proposal. These elements include limiting ingress/egress to the Site solely to Valley View Boulevard, erection of a landscape buffer to protect adjacent neighborhoods, and the relocation of City amenities to the adjacent City- owned parcel to ensure there is no loss of community amenities. A Contract for Purchase and Sale of Real Property has been developed which will convey the Property to NDRA II, LLC, under certain terms and conditions. A copy of the draft of the Contract, with Exhibit 1 showing the Site, is attached as Attachment A. Some of the salient contractual obligations of the Buyer which must be successfully undertaken prior to transfer of the property are outlined below: · Buyer shall have sixty (60) days after the date of the Contract to complete Buyer's Due Diligence review of the Property; , · Buyer shall apply for appropriate rezoning from the City within thirty (30) days after the completion of the Due Diligence period referenced above; · Buyer shall apply to the City of Roanoke for review and approval of a Comprehensive Development Plan and Subdivision Plat within ninety (90) days of the Property's rezoning approval by City Council. Such development plan and subdivision plat approval must be obtained within One Hundred and Eighty (180) days of plan submittal to the City. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute a Contract for the sale of the Property substantially similar in form to the Contract attached to this report. Such Contract is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, including the execution of a Deed of Conveyance, and to complete the sale of the property to NDRA II, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned Contract an y b quent documents. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Robert B. Ledger, Manager, Economic Development Marc B. Nelson, Special Projects Coordinator 2 DRAFT ~ MARCH 5. 2012 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property ("Agreement") is made this _ day of March, 2012, by and between the City of Roanoke, a Virginia municipal corporation ("Seller") and NDRA II, LLC, a Virginia Limited Liability Company, 12503 Bay Hill Drive, Chester, Virginia 23836, ("Purchaser"). RECITALS WHEREAS, Seller is the owner in fee simple of certain real property and improvements thereon located in the City of Roanoke, Virginia, as shown on Exhibit 1 referred to in Section 1(B) below; and WHEREAS, Seller is desirous of selling the Property and Purchaser is desirous of purchasing the Property for the intended purposes as set forth in a document entitled "Proposal for the Purchase and Redevelopment of the Huff Lane Site," and dated September 30, 2011, which is incorporated herein by reference. NOW, THEREFORE,' for and in consideration of Ten Dollars and No/100 ($10.00) paid by Purchaser to Seller, receipt of which is hereby acknowledged, and the mutual promises hereafter set forth and other good and valuable consideration, the receipt and sufficiency of which is also hereby acknowledged, the parties hereto, intending to be fully and legally bound, hereby agree that the above Recitals are incorporated herein and also agree as follows: 1. DEFINITIONS. As used in this Agreement, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: A. "Effective Date" shall mean the date the last party signs this Agreement. B. "Property" shall mean the approximate 5.310-Acre portion of the lot or parcel of land and improvements thereon, known as the "Huff Lane School Site," which is shown on Exhibit 1 as Parcel A, which is attached hereto and made a part hereof, and which is a portion of City of Roanoke Tax Map No. 2370101. C. "Purchase Price" shall mean $1,850,000.00 in U.S. Dollars. D. "Purchaser" shall mean NDRA II, LLC" a Virginia Limited Liability Company, 12503 Bay Hill Drive, Chester, Virginia 23836. E. "Seller" shall mean the City of Roanoke, Virginia with an address at: Room 364 Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011, with a copy of any notices sent to Seller sent to 1 City Attorney, Room 464, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. F. "Settlement" and/or "Closina" shall mean the consummation of the sale and purchase provided for in this Agreement to occur as provided in Paragraph 9 hereof 2. PURCHASE AND SALE. The Seller agrees to sell and convey and the Purchaser agrees to purchase the Property upon the terms set forth in this Agreement. 3. PURCHASE PRICE AND PAYMENT. The Purchaser shall pay One-Million Eight-Hundred Fifty-Thousand and No/1 00 Dollars ($1,850,000.00) in cash at Settlement, in addition to other closing costs attributable to Purchaser as set forth herein. If payment is by check, the check shall be a certified or cashier's check payable to the City of Roanoke. 4. DEFAUL TITERMINATION. Purchaser shall have the right, until all contingencies set forth in Paragraphs 7 and 8 below have been satisfied, to notify Seller of Purchaser's election to terminate this Agreement and neither party shall have any further rights against or obligations to the other party arising out of this Agreement. 5. REPRESENTATIONS AND WARRANTIES OF SELLER. The Seller represents and warrants to the Purchaser as follows: A. Title to the Property is, and at Settlement shall be, marketable and good of . record and in fact, free and clear of all liens, encumbrances or leases, except those (i) to be removed at or prior to Settlement; and (ii) agreed to prior to Settlement and which shall be permitted exceptions ("Permitted Exceotions"). Title will otherwise be free of covenants, conditions, restrictions and will be insurable at standard title insurance company rates of the title company chosen by Purchaser. To the best of the knowledge of Seller, there are no title conditions adversely affecting title insurability. Notwithstanding anything else in this Agreement, the Property is sold "SUBJECT TO" such state of facts as an accurate survey of the Property would disclose. B. Purchaser shall have until the expiration of the Inspection Period within which to search title to the Property and within which to furnish Seller with a written statement of title and survey objections. If Purchaser fails to give Seller notice of any title and/or survey objections prior to the expiration of the Inspection Period, then Purchaser shall have waived the right to object to the same, and shall have agreed to accept title subject to the Permitted Exceptions (with the Permitted Exceptions to thereafter be deemed to include any title matter disclosed by Purchaser's title examination and any other lien or encumbrance shown by Purchaser's survey). Seller shall have 2 ten (10) business days after receipt of Purchaser's objections to notify Purchaser as to which objections Seller elects to satisfy and shall have until the Settlement in which to do so or to notify Purchaser that it has elected not to satisfy same. Seller shall have the right, but not the obligation to satisfy all objections which it undertakes to satisfy or which arise after the effective date of this Agreement, unless consented to in writing by Purchaser. If Seller elects not to cure such title objections, then Purchaser shall choose within ten (10) days from receipt of such notice from Seller to (i) terminate this Agreement (except for any obligations which are specified to survive any termination of this Agreement) and receive a return of the Deposit, or (ii) close and receive the deed required herein from Seller irrespective of such title objections without reduction of the Purchase Price. If Purchaser fails to give Seller written notice of Purchaser's election by the end of said ten (10) day period, Purchaser shall be deemed to have elected not to accept the Property and to have terminated this Agreement as set forth in clause (i) above. C. Purchaser, at Purchaser's sole expense, may elect to have a survey of the Property prepared by a Virginia registered land surveyor ("SurveyR). On or prior to the expiration of the Inspection Period, Purchaser may deliver a written statement of any objections Purchaser may have to matters shown on the Survey. If Purchaser providys any objections to the Survey, the provisions of Section SeA) shall apply thereto. D. The Seller is the fee simple owner of the Property and has all necessary authority to sell the Property. There are no other contracts for sale or options involving the Property. There are no leases affecting the Property. Notwithstanding anything else in this Agreement, the Property is being sold in its ,"AS IS" condition at the time of Settlement. There are no eminent domain or condemnation proceedings pending against the Property, and Seller has no knowledge of such proceedings or of any intentions or plans definite or tentative that such proceedings might be instituted. There are no actions or suits in law or equity or proceedings by any governmental agency now or pending or, to the knowledge of Seller, threatened against Seller in connection with the Property. There is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Property. E. In the event any of the representations, warranties, additional undertakings of Seller in this Agreement and/or other responsibilities of the Seller, as set forth in this Agreement, are not accurate and cannot be or are not ratified or fulfilled prior to Settlement, then the Purchaser shall have the right at its sole option, to take any or none of the following actions: (i) waive the inaccurate, un-ratified or unfulfilled representation, warranty, additional undertakings and/or responsibility of Seller, and proceed with Settlement hereunder, provided, however, that such waiver 3 shall be in writing, or (ii) terminate this Agreement, whereupon all rights and responsibilities hereunder shall be null and void, and neither party shall have any further obligation hereunder. F. Under penalty of law, Seller is not a "foreign person" as contemplated in Section 1445 of the Internal Revenue Code, as amended. Seller agrees to execute at Settlement an affidavit in the form required by the Internal Revenue Service to exempt purchaser from any withholding requirements under Section 1445. 6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. The Purchaser represents and warrants to Seller that the Purchaser has the financial ability to purchase the Property. 7. ADDITIONAL UNDERTAKINGS OF THE PARTIES. A. The Seller agrees to remove existing playground equipment as well as basketball poles, backboards and all other associated equipment from the Property prior to the date of Settlement. Such equipment shall remain the sole property of the Seller. B. At Settlement, the Seller agrees to execute, acknowledge and deliver to the Purchaser a Special Warranty Deed ("Deed") in proper form for recording, conveying the Property to the Purchaser free and clear of all conditions, restrictions, liens, encumbrances or agreements except for the Permitted Exceptions and such state of facts as an accurate survey of the Property would disclose. C. The Seller agrees to give Purchaser possession and occupancy of the Property on the date of Settlement, as set forth above. D. Seller agrees to deliver the following to the Purchaser at Settlement: 1) The fully executed Deed. 2) Any other documents reasonably required by the title insurance company or Purchaser. 8. CONDITIONS PRECEDENT (CONTINGENCIES) TO THE OBLIGATIONS OF SELLER AND PURCHASER TO SETTLE. The obligations of the Seller and the Purchaser to settle on the Property pursuant to the provisions of this Agreement shall be subject to the following conditions: A. The representations and warranties of the Seller set forth in this Agreement shall be true and correct on and as of the Settlement as though such representations and warranties were made on and as of such date. B. The Purchaser shall apply for appropriate rezoning from the City of 4 Roanoke within thirty (30) days after the completion of the Due Diligence period referred to in Paragraph 12 below and shall diligently pursue in good faith the rezoning process. Furthermore, if the Purchaser's rezoning application of the Property for the purposes set forth in the above- mentioned proposal is denied by City Council, either party may terminate the Agreement by written notice of termination to the other party. C. The Purchaser shall apply to the City of Roanoke for review and approval of a Comprehensive Development Plan and Subdivision Plat within ninety (90) days of the Property's final rezoning approval by City Council. Such development plan and subdivision plat approval must be obtained within One Hundred and Eighty (180) days of plan submittal to the City. Time frames contained within this paragraph may be subject to extension by mutual agreement of the Purchaser and Seller. Either party may terminate this Agreement by giving written notice to the other party if this condition is not met. 9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke City Attorney, or such other place as mutually agreed upon, within thirty (30) days of completion of the above Contingencies. Purchaser shall provide Seller with ten (10) days written notice prior to Closing. 10. TENDER OF SETTLEMENT. The delivery to the Seller by the Purchaser of the Purchase Price and by Seller to the Purchaser of the executed Deed together with all other documents and instruments required to be delivered by either party to the other by the terms of this Agreement shall be deemed to be a good and sufficient tender of performance of the terms hereof. 11. SETTLEMENT OBLIGATIONS OF THE PARTIES. The cost of any title examination and recording taxes payable in connection with the recording of the Deed and costs for all applicable public hearing advertisements shall be paid by Purchaser. Other Settlement costs shall be charged as is customary in Virginia. Each party shall be responsible for costs normally paid by Seller and Purchaser respectively and each party shall be responsible for any other fees charged to them, as agreed upon by them or their attorneys. 12. INSPECTION PERIOD. Purchaser shall have sixty (60) days from the effective date of this Agreement to complete Purchaser's due diligence review of the Property (Due Diligence Period) to determine if there are any issues that would prevent the Purchaser's use of the Property. Should Purchaser determine during such Due Diligence Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Purchaser's sole and absolute discretion, Purchaser may terminate this Agreement by notifying the Seller in writing as soon as possible, but no later than five (5) consecutive calendar days after the end of such Due Diligence Period, of Purchaser's decision to terminate the Agreement. In such case, 5 this Agreement shall thereupon be terminated and of no further force and effect, unless Seller and Purchaser mutually agree to modify this Agreement to address any such issues. 13. RISK OF LOSS AND CONDEMNATION. Risk of loss shall be born by Seller prior to Settlement. However, in the event of any damage to the Property prior to Settlement, the Purchaser shall have the election to Close as required hereunder without diminution in the Purchase Price and with the assignment by Seller of all Seller's interest in payments for damage to the Property. 14. GOVERNING LAW. By virtue of entering into this Agreement, Purchaser agrees and submits itself toa court of competent jurisdiction, which shall be the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict law of provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. as aforesaid. Purchaser further waives and agrees not to assert in any such action, suit, or proceeding that, it ;s not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum, or that the venue of the action, suit, or proceeding is improper. 15. ENTIRE AGREEMENT. The Recitals and Exhibit and documents referred to therein are hereby incorporated into this Agreement. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement or other agreements referred to herein shall be valid unless in writing and signed by the party against whom it is sought to be enforced. This Agreement contains the entire agreement between the parties relating to the purchase and sale of the Property, and all prior negotiations between the parties are merged in this Agreement, and there are no promises, agreements, conditions, undertakings, warranties, or representations, oral or written, expressed or implied, between them other than as herein set forth. (SIGNATURE PAGE TO FOLLOW) 6 IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA (Seller) By Christopher P. Morrill, City Manager City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2012 by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST. NDRA If, LLC, A VIRGINIA LIMITED LIABILITY COMPANY (Purchaser) 9 9 To-Wit: 9 By Nick Patel, Managing Member The foregoing instrument was acknowledged before me this_ day of , 2012, by (Insert name here), Managing Member of NDRA II, LLC, for and on behalf of such entity. My commission expires: Notary Public Approved as to Form: SEAL Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 7 Cl. ~ :c '" Q; ~ :J ~!t! a ...J "- " Q:.,; " -"'N " 0..... ~:l!!1JJ 0 "IX) O>~ all) N 5~~ (000 OO~ u; 0 ~a::o ~a:~ IJJ ~ 0 ll).c:'" ~.2g 0:: N C'\I oJ:: W II NO N", ~ Qq: l:!:! on ~ " NO,"" " :a~ ~ ~~~~~ :2 0 ~ W ~ " "-" (.) " I u ~~LL. ~ W () .c: (fJ ~ UJ 0 ~C!:O Cl en a Cl W U u Cl)8~ ~ u.. ....., ~ 0 ~ !:::IJJU SlQ:l ~ ffi~ 0 ~ ::l o ""-' ~~ -"," ()+' ~~ co..:: () :s a CD .::.:. o C <Il ON o::~ o~ ~ -I OJ::: Co CD ~ CD <Il ~:2 Q;'O CD2 - <Il ljiO E . CD(.) 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U ~~ o::t- "-00:: -0 lJ1~tillZ+> O!!l f-Zo ~Z~ .2 aOld II ~ "-X (.)<(W '7JcC.p i=l t-t- ww wOw wQ ~~~~~ -f- O::...J , -, 0:: 0 mt;:o:: !f10 ~~ 0 J:Z ~L.L.<( OOW L: <ij XC/) !::3; mO:I: ll._~ u W w_ W>-f- 000:: t- C/)Cl .f- 0 ~5~ g:~,,- 0 -Z O:I: ~<( ZC/) Z .j '" M The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+----------------------- REFERENCE: 82576060 12937908 NPH-Huff Lane School I I ,. I I I. I I I /'t' NDRA II, LLC NDRA II, LLC 12503 BAY HILL DR CHESTER VA 23836 I NonCE OF PUBLIC , HEARING The City of Roanoke proposes to enter into a contract conveying approximately a 5.310 acre portion of the City-owned parcel located at 4412 Huff Lane, N.W. (a portion of Tax Map Number 2370101). which is the site of the former Huff Lane Elementary School, to NORA II, LLC, in order for NORA II, LLC, to 'construct commercial buildings on the site. . Pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above mailer at Its regular meeting to be held 'on Monday, March 19, 2012, commencing at 7:00p.m., ' or as soon thereafter as the mailer may be heard, in the , Council Chambers, 4th; Floor, Noel C. Taylor Municipal Building, 215 I Church Avenue, S.W., ' Roanoke, Virginia, 24011, further Information, : [ncludlng a copy of the: qroposed contract, is i available from the Office of ' the City Clerk for the City of ~ Roanoke at' (540): S53-2541. . ::Citlzens shall have the ~ : qp,portunity to be heard and ; , express their opinions on 1 said mailer. ' I 'It you are a person with a ' disability who needs accommodations for this: hearing, please contact the . City Clerk's Office at (540) ; 853-2541, before 12:00 ) noon on Thursday," March: 15, 2012. GIVEN under my hand this 6th day of March, 2012. . Stephanie M. Moon, MMC ' City Clerk. 1'"" State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a' daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County.of Roanoke, Commonwealth/State of Vir~. .}3worn and subscr~bedbefor'e me this \ ' ayof MARCH 2012. Wltness myhand.and official se'2h. otary Public PUBLISHED ON: 03/09 \\\\1111"" ' ", r.-..E T 'I, ......~~\~:::',"'!,S 1\1"".. ...... 'Y." 11;,0... ", '(/-.... ..., '-4/y' 0" :: * .. '" P(.;p, YO'. '.I -:. = : 'i~G <.)'-/0 '. ..... -;. - CJ' AAI, .;91.., . 0 - : C>: 'VI,CO 03<'8 : m: - ~ . /:" I11M/s 6(]. - ': ~ ". ~'P/i. S/O/l; : *" = '::. o. . ,.s5'" ~ .... ~4; .... I .... ~.... "', 'f);/ ........ \:).~ ........ .I" <'/H OF \j\~ "", """'11\1\\\\ (12937908) l I L-----_____,J TOTAL COST: FILED ON: 215.92 03/13/12 --------------------------------------------------+----------------------- Authorized v-: ~ fYI~ I. Signature, (lAiu-lfY L Vf/l~ Billing Services Representative p5' NOTICE OF PUBLIC HEARING The City of Roanoke proposes to enter into a contract conveying approximately a 5.310 acre portion ofthe City-owned parcel located at 4412 Huff Lane, N.W. (a portion of Tax Map Number 2370101), which is the site ofthe former Huff Lane Elementary School, to NDRA II, LLC, in order for NDRA II, LLC, to construct commercial buildings on the site. Pursuant to the requirements of SS15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the Council ofthe City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, March 19,2012, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information, including a copy of the proposed contract, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, March 15,2012. GIVEN under my hand this 6th day of M,qrrn ,2012. Stephanie M. Moon, MMC City Clerk. K:\teg\notices of public hearing\huff lane elem school noph,doc 1 Notice to Publisher: Publish once in the Roanoke Times on Friday, March 9,2012. Send affidavit to; Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853-2541 Send Bill to: Nick Patel, Managing Partner NDRA II, LLC 12503 Bay Hill Drive Chester, VA 23836 (757) 229-9650 K:\teg\notices of public hearing\hufflane elem school noph,doc 2 COMMITTEE V ACANCIES/REAPPOINTMENTS March 19, 2012 VACANCIES: Three year term of office to replace Thomas W. Ruff (citizen at large) as a member of the Towing Advisory Board ending October 31,2014. Criteria requires a citizen at large. Unexpired term of Rhonda Chewning ending March 31, 2013; and replacement of Rodney Saunders' three-year term of office ending March 31 , 2015, as members of the Fair Housing Board. Unexpired terms of Dustin R. Akers ending June 30, 2012 and Felicia Journiette ending June 30, 2014, as members of the Roanoke Neighborhood Advocates. Four-year term of office of The Reverend C. Nelson Harris as a member of the Hotel Roanoke and Conference Center Commission ending April 12, 2012. Expiration of the three-year terms of office of Mae G. Huff, Todd A. Putney and Dick WIllis as Trustees of the Roanoke City School Board on June 30, 2012.