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.
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THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY
COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH
PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S
HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE 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)
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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.
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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).
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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).
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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.
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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).
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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.
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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.
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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
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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
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. 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
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the event of an emergency or threatened disaster;
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· ESF:14 Ldhg te~m co:~muniltyi.-Reco~e'lry., II I
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~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
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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
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Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue,S.W.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: IJanuary S, 2012
Submittal Number: lorl910al Application
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~ ;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
'\-.
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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.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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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:
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. : : 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
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<..~ .,"~
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.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+-----------------------
REFERENCE: 82576060
12937908
NPH-Huff Lane School
I
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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
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(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.