HomeMy WebLinkAboutCouncil Actions 12-15-08
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38303-121508
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 15, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by The Reverend Jim Rivers, Pastor, First
Christian 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:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's
Council meeting will be replayed on Channel 3 on Thursday, December 18 at
7:00 p.m., and Saturday, December 20 at 4:00 p.m. Council meetings are offered
with closed captioning for the hearing impaired.
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF
ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD
PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER
PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL
MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF
SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA
ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH;
HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT
THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS BY
COUNCIL:
Recognition of the City of Roanoke's designation as a Preserve America Community.
The Mayor presented a "Preserve America Community" logo sign to the City
Manager.
Recognition of the Department of Technology for receiving the 2008 Top Digital City
Award.
The Mayor recognized the Director of the Department of Technology and his
staff for receiving the 2008 Top Digital City Award.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY
COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Robert Gravely, Helen Davis, Chris Craft and Evelyn Bethel appeared before the
Council.
4.
CONSENT AGENDA
(APPROVED 6-0, Vice-Mayor Lea was not present when the vote was recorded.)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED
BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE
ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
The City Manager requested that her request for City Council to convene in
Closed Meeting be withdrawn.
C-1 Minutes of the regular meeting of Council held on Monday, August 18, 2008.
RECOMMENDED ACTION:
Dispensed with the reading of the minutes and
approved as recorded.
3
C-2 A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss the acquisition of real property for a public purpose,
where discussion in open meeting would adversely effect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.2-3711.A.3, Code of Virginia
(1950), as amended.
RECOMMENDED ACTION:
WITHDRAWN.
Concurred in the request.
C-3 A communication from Amy Nafftendering her resignation as a member of the
Roanoke Arts Commission.
RECOMMENDED ACTION:
Accepted the resignation and received and filed the
communication.
C-4 A communication from the City Clerk advising ofthe resignation of Juan Motley
as a member of the Roanoke Civic Center Commission.
RECOMMENDED ACTION:
Accepted the resignation and received and filed the
communication.
C-5 Reports of qualification of Mary V. Hagmaier Dykstra as a member of the
Architectural Review Board for a term ending October 1,2012; and Joseph F. Miller
as a member of the Board of Zoning Appeals, for a term of three years ending
December 31,2011.
RECOMMENDED ACTION:
Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
'\
a. A communication from Mayor David A. Bowers requesting that Council
consider a pledge from the City of Roanoke between $500,000.00 to $1
million for improvements at the Virginia Museum of Transportation.
Request referred to the 2009-2010 Budget Study.
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b. Presentation by Brooks Michael, Coordinator, Teen Pregnancy Prevention
Project, Carilion Clinic, with regard to recent data concerning teen pregnancy
in the Roanoke community. (Sponsored by Vice-Mayor Lea and Council
Member Mason.)
Received and filed.
c. Request of the City Market Building Tenants Association to discuss the
closing of the City Market Building in March 2009 for major renovations. Anita
Wilson, President, Spokesperson. (Sponsored by Vice-Mayor Lea and
Council Member Price.)
Received and filed.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of grant funds from the Department of Fire Programs; and
appropriation of funds.
Adopted Resolution No. 38305-121508 and Budget Ordinance No.
38306-121508. (6-0, Vice-Mayor Lea was not present when vote
was recorded.)
2. Acceptance of Western Virginia Workforce Development Board
Workforce Investment Act (WIA) funding for Program Year 2008; and
appropriation of funds.
Adopted Resolution No. 38307-121508 and Budget Ordinance
38308-121508. (6-0, Vice-Mayor Lea was not present when vote
was recorded.)
3. Authorization to apply for Safe Routes to School Program grants from
the Virginia Department of Transportation.
Adopted Resolution No. 38309-121508. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
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4. Authorization to amend and reordain Ordinance No. 36981-022205
changing the date required for fulfillment of the conditions from
February 22,2010 to December 31,2011.
Adopted Ordinance No. 38310-121508. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
5. Authorization to enter into a revised Intergovernmental Agreement with
Roanoke County, City of Salem, and Town of Vinton in order to
continue the Roanoke Valley Greenways Commission.
Adopted Ordinance No. 38311-121508. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
6. Execution of an agreement with the Roanoke City School Board to
continue operation of the Woodrow Wilson Fitness Center located at
the Woodrow Wilson Middle School.
Adopted Ordinance No. 38312-121508. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
7. Transfer of funds in connection with the proposed Fire/EMS Station
No.5 to be located at 20th Street and Melrose Avenue, N. W.
Adopted Budget Ordinance No. 38313-121508. (6-0, Vice-Mayor
Lea was not present when vote was recorded.)
CITY MANAGER COMMENTS:
The City Manager read her annual Council Christmas 2008 poem. She
announced that the City of Roanoke, along with other partner organizations,
will provide a series of resources to assist individuals who have experienced
layoffs or who are currently looking for employment. Four strategies will be
used to provide access to job seekers in becoming more marketable for jobs
now and in the future, noting that the City will hold a special event - The
Roanoke Holiday Career and Lifestyle Fair sponsored by the Renick Group,
Express Employment Professionals and WDBJ7 - at the Roanoke Civic Center
Exhibit Hall from 9 a.m. to 12:00 p.m., on Tuesday, December 30. Admission is
free to job seekers and employers, while space is available; the City will hold
informal weekly group sessions with job seekers every Monday from 4:00 p.m.
to 6:00 p.m., to discuss proven job searching techniques to become more
effective in their process; the City will partner with other experts in the human
resources field to offer these sessions in the Office of Economic Development
located at 117 Church Avenue, S. W., starting December 22. Additionally, Blue
Ridge PBS will host a live monthly television show "JobQuest" starting
Tuesday, January 6 at 7:00 p.m., to assist viewers with job searches. She
reported that the Higher Education Center will hold an open house on
Thursday, February 5 from 4:00 p.m. to 7:00 p.m., showcasing the lifelong
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learning options necessary to acquire new skill sets; and the City will hold its
Fourth Entrepreneurship Express Workshop in partnership with the Department
of Business Assistance on February 5 from 8:00 a.m. to 11 :30 a.m., at Virginia
Western Community College. To register go to www.vastartup.ora. Lastly, she
comme~nted that additional information was available regarding the programs at
www.roanokeva.aov/iobhelp, contact Stuart Mease at 853-2384, or email
address: stuart. mease@roanokeva.gov.
b. DIRECTOR OF FINANCE:
1. Adoption of an ordinance to reflect the sale of Bond Series 2008(A) to
the Virginia Resources Authority (VRA); and Bond Series 2008(B) to
the Virginia Public School Authority (VPSA).
Adopted Budget Ordinance No. 38314-121508. (6-0, Vice-Mayor
Lea was not present when vote was recorded.)
2. Financial Report for the month of October 2008.
Received and filed.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
for the Toshiba America Foundation Program, the Care Connection Clinic,
and the Juvenile Detention Home Program; and a report of the Director of
Finance recommending that Council concur in the request. Vivian Penn-
Timity, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38315-121508. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution changing the date of the regular meeting of City Council
scheduled to be held on Tuesday, January 20,2009.
Adopted Resolution No. 38316-121508. (6-0, Vice-Mayor Lea was not
present when vote was recorded.)
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11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
a. Inquiries and/or comments by thel Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
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
DECEMBER 15, 2008
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Vice-Mayor Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's
Council meeting will be replayed on Channel 3 on Thursday, December 18 at
7:00 p.m., and Saturday, December 20 at 4:00 p.m. Council meetings are offered
with closed captioning for the hearing impaired.
9
A. PRESENTATIONS AND ACKNOWLEDGEMENTS BY
COUNCIL:
A Resolution naming Estelle H. McCadden as the 2008 Citizen of the Year.
Adopted Resolution No. 38303-121508. (7-0)
A Resolution paying tribute to the William Fleming Varsity Football Team.
Adopted Resolution No. 38304-121508. (7-0)
Recognition of the work and dedication of the City Council in support of the Library
Master Plan by representatives of the Roanoke Public Library Board, Roanoke City
School Board, Roanoke Public Library Foundation, Roanoke City Friends of the
Library.
B. PUBLIC HEARINGS:
1. Request of Lawson Building, LLC, to amend the proffered condition on
properties located on Campbell and Church Avenues, S. E., to incorporate a
new development plan dated October 1, 2008. Sean Horne, Balzer and
Associates, Inc., Spokesperson.
Adopted Ordinance No. 38317-121508. (7-0)
2. Request of Queen Anne Court of Southwood, Inc., to amend the Planned Unit
Development Plan to permit construction of a maximum of 13 single-family
dwelling units instead of 27 single-family and multi-family dwelling units
previously allowed by City Council, to remove a community green area, and to
construct a landscaped cul-de-sac street, for properties located at
3209 Queen Anne Court Circle, S. W. Kevin Barnes, Lumsden Associates,
PC, Spokesperson.
Adopted Ordinance No. 38318-121508. (7-0)
3. Consideration of an amendment to the City Code to add a new and separate
section with regard to a license tax rate for wireless telephone service
providers, to be effective on and after February 1, 2009. Ann H. Shawver,
Director of Finance.
Adopted Ordinance No. 38319-121508. (7-0)
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4. Proposal to convey three portions of City-owned property located at 2100
Countryside Drive, N.W., to the Roanoke Regional Airport Commission in
connection with the expansion of the Airport's Runway Protection Zone for
Runway 6, in exchange for property owned by the Roanoke Regional Airport
Commission. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38320-121508. (7-0)
5. Proposal to lease approximately 182 square feet of City-owned property
located in the Roanoke City Market Building to Eddie Soo Park d/b/a Tokyo
Express, on a month-to-month term basis, commencing January 1, 2009, such
term not to exceed one year. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38321-121508. (7-0)
6. Proposal to lease approximately 635 square feet of City-owned property
located in the Roanoke City Market Building to Elias Azar, d/b/a Azar Jewelry,
Inc., on a month-to-month term basis, commencing January 1, 2009, such
term not to exceed one year. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38322-121508. (7-0)
7. Proposal to lease approximately 87,120 square feet of City-owned property
located at 1302 Municipal Road, N. W., to The Hertz Corporation commencing
December 1, 2008 and expiring June 30, 2010. Darlene L. Burcham, City
Manager.
Adopted Ordinance No. 38323-121508. (7-0)
8. Proposal to lease approximately 998.25 square feet of space on the first floor
of the south side of the Noel C. Taylor Municipal Building located at 215
Church Avenue, S. W., to Adam Williams, d/b/a Juice Do It, LLC, for an initial
term of six months, subject to four one-year renewals and one six-month
renewal, commencing December 15, 2008, for the purpose of operating a
public snack bar. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38324-121508. (7-0)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY
COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Dr. Marcia Shelton inquired about the disposal of bio-hazard waste in the
Roanoke Valley.
11
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. TayloriMunicipal Building
215 Church Avenue, S. W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting to
discuss the acquisition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to ~2.2-3711.A.3, of
the Code of Virginia (1950), as amended.
Respectfully submitted,
~~~
Darlene L. Burt:
City Manager
DLBjlsc
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Ms. Amy M. Naff
2819 Floraland Drive, N.W.
Roanoke, Virginia 24012
Dear Ms. Naff:
Your communication tendering your resignation as a member of the
Roanoke Arts Commission was before the Council of the City of Roanoke at
a regular meeting held on Monday, December 15, 2008.
On motion, duly seconded and adopted, your resignation was accepted and
the communication was received and filed.
On behalf of the Mayor and Members of Roanoke City Council, I would like
to express appreciation for your service to the City of Roanoke as a
member of the Roanoke Arts Commission from June 4, 2007 to
December 15, 2008. Please find enclosed a Certificate of Appreciation and
an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk .
SMM:aj
Enclosure
pc: . Douglas C. Jackson, Chair, Roanoke Arts Commission, 2121 Windsor
Avenue, S. W., Apartment B, Roanoke, Virginia 24015
Susan Jennings, Public Art Coordinator
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
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12/8/08
City of Roanoke
Attn: Mayor David Bowers
215 Church Ave
Roanoke, VA 24011
Dear Mayor Bowers,
Please accept my resignation from the Roanoke Arts Commission effective
immediately. I feel I must resign due to my schedule. I cannot be an active member at
this time. It would be selfish of me to stay on the RAC when there are citizens who can
actively part;icipate.
I enjoyed my short time on the Roanoke Arts Commission, and would love to be
re-appointed once my schedule allows.
~ardld/
Amy:'J/
cc: Susan Jennings, Public Art Coordinator
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIEM. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Mr. Juan Motley
2835 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Motley:
A communication from the City Clerk advising of your resignation as a
member of the Roanoke Civic Center Commission was before the Council
of the City of Roanoke at a regular meeting held on Monday, December 15,
2008.
On motion, duly seconded and adopted, your resignation was accepted.
On behalf of the Mayor and Members of Roanoke City Council, I would like
to express appreciation for your service to the City of Roanoke as a
member of the Roanoke Civic Center Commission from September 5, 2006
to December 15, 2008. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,
~~. 'rI't~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Enclosure
pc: Paul P. Anderson, Chair, Roanoke Civic Center Commission, 1335 Ivy
Street, S. E., Roanoke, Virginia 24014
Robyn Schon, Acting Director, Civic Facilities
L:\CLERK\DATA\CKEWI\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
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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: clerk@roanokeva.gov
SHEILAN. HARTMAN
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
December 15, 2008
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise that Juan Motley has tendered his resignation as a member of the
Roanoke Civic Center Commission.
Sincerely,
~~hl.~
Stephanie M. Moon, CMC
City Clerk
L:\CLERKIDAT A \CKSM I \Agenda.08\Resignation of Juan Motley.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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Rebecca J. Cockram, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cockram:
This is to advise you that Joseph F. Miller has qualified as a member of the Board of Zoning
Appeals, for a term ending December 31,2011.
Sincerely,
~>7-~
~ Stephanie M. Moon, CMC
I City Clerk
SMM:ew
pc: Joyce S. Johnson, Administrative Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph F. Miller, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Board of Zoning Appeals, for a
term of three years ending December 31, 2011, according to the best of my
ability (So help me God).
nJL---
Subscribed and sworn to before me this 9 ~ay o~ ~ 2008.
BRENDA S. HILTON, CLERK OF THE CIRCUIT COURT
BY , CLERK
K:\oath and leaving service\Board of Zoning AppealslJoseph F Miller reapt oath let 12 31 2011 c.doc
STEPHANIE M. MOON, CMC
City Clerk
Candice Martin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Martin:
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
December 16, 2008
SHEILAN. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Mary V. Hagmaier Dykstra has qualified as a member of the
Architectural Review Board, for a term ending October 1, 2012.
SMM:ew
Sincerely,
~r;.~
~. Stephanie M. Moon, CMC
r- City Clerk
pc: Joyce S. Johnson, Administrative Assistant to the Mayor
K:loath and leaving servicelarchitectural review boardlMary V Hagmaier Dykstra quali.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mary V. Hagmaier Dykstra, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a member of the Architectural
Review Board, for a term of three years ending October 1,2012, according tothe
best of my ability (So help me God).
~~~
Subscribed and sworn to before me this ~ day o~~."Q008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~~VwJ
~~
, CLERK
"
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of a communication from Mayor David A. Bowers
requesting that the Council consider a pledge from the City of Roanoke of
$500,000.00 to $1 Million for improvements at the Virginia Museum of
Transportation.
On motion, duly seconded and adopted, the request was referred to the
2009-2010 Budget Study.
Sincerely,
~ "".~~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl \AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
December 3, 2008
The Honorable Sherman P. Lea, Vice-Mayor
The Honorable Gwen W. Mason
The Honorable Alvin L. Nash
The Honorable AnitaJ. Price
The Honorable Court G. Rosen
The Honorable David B. Trinkle
Re: Virginia Museum of Transportation
Dear Vice-Mayor and Members of Council:
Let's accept the challenge of Norfolk Southern President/CEO Wick Moorman
which he delivered at the Chamber of Commerce dinner at the Hotel Roanoke
last evening, December 2, 2008, to raise $3 million for improvements at the
Virginia Museum of Transportation in downtown Roanoke.
I would appreciate your consideration of a pledge from the City of Roanoke of
between $500,000.00 to $1 million for our response to the challenge. I'don't
think I need to impress upon anyone the importance of having this "world-class
museum" in downtown Roanoke and how good it will be to have this along with
the Taubman Art Museum and our other museums in the downtown area. It will
be a good thing for Roanokers and for tourists to visit our City.
If I am not mistaken, the last time the City of Roanoke made a capital
improvement donation of about $800,000.00 to the VMT was when I served as
Mayor in the 1990's. If we can see our way to pledging a half million dollars
now, that will bring the challenge to one half of its goal. If we can see our way
through to pledging $1 million, then we will have helped Mr. Moorman, Bev
Fitzpatrick and others interested in the Museum to reach the two-thirds point in
their $3 million goal.
I would ask that this letter be placed on the Council Agenda, the Vice-Mayor
concurring, for Monday, December 15, 2008, and thereafter referred to 2008-
2009 Budget Study.
Vice-Mayor and Members of Council
Virginia Museum of Transportation
December 3, 2008
Page 2
Happy Holidays to you all.
Sincerely,
S:;>~fAt~
' D~B~~rs
Mayor
Cc: Charles "Wick" M. Moorman, President/CEO, Norfolk Southern
Corporation, Three Commercial Place, Norfolk, Virginia 23510-9235
David R. Goode, Retired Chairman, President and Chief Executive Officer
Norfolk Southern Corporation, Three Commercial Place, Norfolk, Virginia
23510-2191
Kathy Baske Young, Chair, Roanoke Regional Chamber of Commerce
Board of Directors, 210 South Jefferson Street, Roanoke, Virginia 24011
Joyce Waugh, President/CEO, Roanoke Regional Chamber of Commerce,
210 South Jefferson Street, Roanoke, Virginia 24011
Beverly T. Fitzpatrick, Jr., Executive Director, Virginia Museum of
Transportation, 303 Norfolk Avenue, Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
CAItILION
Roanoke Community
Hospital
November 13th, 2008
Stephanie Moon
City Clerk's Office
)
215 Church Avenue, S.W:'
Room 456, Noel C. Taylor
Municipal Building
Roanoke, Virginia 24011
Dear Stephanie Moon:
. My name is Brooks Michael and I am the Teen Pregnancy Prevention Coordinator with
Carilion Clinic. Recent data, which was just released, shows Roanoke City as having the
second highest teen pregnancy rate out of approximately 130 cities and counties in the
state of Virginia.
I would very much like to come to City Council and share some of this information with
you all at your December 15th meeting. Please accept this letter as my official request to
be present at this meeting. I have received feedback from Vice-Mayor Sherman Lea and
from Council Member Gwen Mason that they will be willing to sponsor me.
I will be happy to send you copies of my presentation by Wednesday, December 10th.
Thank you so much for your consideration. Please let me know if you need anything else
from me at this point.
,
Sincerely,
~ ;rLz
Brooks Michael, Coordinator
Teen Pregnancy Prevention Project
Carilion Clinic
10] Elm Avenue, S.E. Roanoke, Virginia 240]3-2230
Post Office Box 12946 Roanoke, Virginia 24029-294G Telephone 540-985-8000
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J.Price
Court G. Rosen
David B. Trinkle
DAVIDA. BOWERS
Mayor
December 15, 2008
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Brooks Michael, Coordinator, Teen Pregnancy
Prevention Project, Carilion Clinic, to share information on the City's teen
pregnancy rate at the regular meeting of City Council to be held on Monday,
December 15, 2008, at 2:00 p.m.
Sincerely,
~ ;A6-
~
Gwendolyn W. Mason, Council Member
SPUGWM:ctw
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
Roanoke Teen Pregnancy Prevention Project
(ROATPPP)
"'-
History
1993 Phase I ofthe VDH TPPP began with the appropriation of$600,000 in general
funds for the purpose of establishing three pilot TPPP programs.
1995 VDH obtained matching federal dollars, establishing a fund of$l.4 million for
four additional TPPP sites. Through a partnership with Carilion Clinic and
Roanoke City Department of Human Services, Roanoke City became one ofthe
TPPP sites, making a total of seven TPPP sites in Virginia.
2002 Virginia TPPP lost 38% oftheir funding and is not funded solely through T ANF.
2008 Due to increased budget cuts, Roanoke has lost a good portion of our funding and
the remaining funding is in jeopardy.
Successes
· Seven TPPP sites exist in Virginia. Of all seven sites, Roanoke has experienced the most
significant decrease in their teen pregnancy rates since the beginning of the program in 1995.
· Roanoke is looked to as the leader in the state in regards to documentation of impact, collection of
data, and rate of decrease over the years.
· Roanoke TPPP is the only site that has consistently evaluated program effectiveness; this is due to
funding and support received from Roanoke City. We recently lost this funding.
Rates Over Time
· The teen pregnancy rate for Roanoke City was 71.8 per 1000 females in 1996.,
. As of2004, the rate had decreased to 39.4 per 1000 females.
· Recently released data for 2007 shows Roanoke City with a rate of7l.1 per 1000 females, leaving
our city with the second highest teen pregnancy rate in the state.
The Impact of Teen Pre2nancv
· Less than half of teen mothers complete high school.
· Half of adolescents who have a baby become pregnant again within two years of the baby's birth.
· Children of teen parents often receive inadequate parenting, are subject to abuse and neglect, and
often have insufficient health care.
· Children born to teen mothers are more likely to have low birth weight and related problems such
as infant death, blindness, and mental retardation.
· The cost to Virginia taxpayers of teen childbearing in 2004 was $177 million dollars.
· The estimated cumulative cost to taxpayers associated with the 140,050 children born to teen
mothers in Virginia between 1991 and 2004 is $3.1 billion dollars.
Roanoke Consists of Three Teen Pre2;nancv Prevention Pro2;rams:
1. For Males Only (FMO) housed through TAP
. FMO is a curriculum-based program that empowers young males with the
knowledge and skills to make responsible decisions.
. FMO enrolls teenagers ages 12 to 19, and has been successfully used to educate
young men in Roanoke since 1996.
. Due to the local success ofthe FMO program, it is now being replicated in
Norfolk, Virginia. The program is called Reducing Adolescent Pregnancy and is
housed within the Norfolk Health Department.
. 88% of participants were not involved in a pregnancy in 2007-2008. Participants
were unanimous in feeling that the program should be expanded so all male
students could participate.
. Reaches approximately 80-90 adolescents per year.
2. Teen Outreach Program (TOP) housed through Family Service of Roanoke
Valley
. TOP is a nationally recognized model for providing a youth development
approach to teen pregnancy prevention, highlighted as one ofthe most effective
programs in the US by Dr. Douglas Kirby (Emerging Answers, Dr. D Kirby
2001).
. TOP is implemented in both schools and in after-school programs.
. TOP focuses on broader reasons why teens get pregnant or cause a pregnancy
such as disadvantaged families and communities, detachment from school, and
lack of close relationships with parents or other caring adults.
. Research suggests that teens who are doing well in school and have educational
and career plans for the future are less likely to get pregnant or cause pregnancy.
. 97% ofthe high school participants and 100% of the middle school participants
were not involved in a pregnancy in 2007-2008.
· Reaches approximately 90-100 adolescents per year.
3. Roanoke Adolescent Health Partnership (RAHP)
· RAHP provides access to health care and health education with the aim to reduce
risk- taking behavior among Roanoke City teens.
· RAHP provides comprehensive health care for teens including child health care,
family planning, immunizations, health education, sexually transmitted disease,
and triage/walk-in services. These services are provided at two high school
campuses and one school linked facility.
· In 2007-2008, RAHP teen encounters totaled 4,861. 98.4% ofRAHP's family
planning patients remained free ofpregnancy.
6.b.
DATA COMPARISON
2005,2006, and 2007
Teen Pregnancy Rates per 1000 Females by Age
Commonwealth of Virginia Rate:
2005 - 26.5
2006 - 27.3
2007 - 27.2
Roanoke City:
2005
2006
2007
Overall: 54.0 66.7 71.1
Age> 15: 3.0 4.9 1.4
Age 15-17: 58.9 59.0 68.3
Age 18-19: 244.1 305.4 315.2
Roanoke County:
2005
2006
2007
Overall: 22.2 18.1 12.4
Age>15: 0.7 0 0.4
Age 15-17: 20.6 15.7 11.6
Age 18-19: 76.4 63.9 41.2
Alleghany County:
2005
2006
2007
Overall: 21.7 32.5 28.7
Age>15: 0 0 0
Age 15-17: 9.8 29.0 32.5
Age 18-19: 113.1 145.6 114.6
Botetourt County:
2005
2006
2007
Overall: 19.3 15.3 18.7
Age> 15: 0 1.1 0
Age 15-17: 12.5 11.9 18.9
Age 18-19: 94.3 63.1 69.7
. Craig County:
2005
2006
2007
Overall: 20.5 17.6 12.5
Age> 15: 0 0 0
Age 15-17: 7.9 7.2 8.3
Age 18-19: 130.4 96.2 50.8
Covington City:
2005
2006
2007
Overall: 27.9 38.3 22.8 .
Age>15:. 5.5 0 0
Age 15-17: 21.3 50.0 29.4
Age 18-19: 130.4 153.8 82.0
Salem City:
2005
2006
2007
Overall: 19.8 27.0 29.2
Age>15: 2.8 1.4 0
Age 15-17: 28.4 28.6 42.5
Age 18-19: 33.6 56.0 51.3
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
December 15, 2008
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Anita Wilson, President, City Market Building
Tenants Association to discuss the closing of the City Market Building in March
2009, for major renovations, at the regular meeting of City Council to be held on
Monday, December 15, 2008, at 2:00 p.m.
Sincerely,
~oe~
Sherman P. Lea
Vice-Mayor
~~
Anita J. Price
Council Member
SPUAJP:ctw
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
b.c.
of'
II
Mr. Mayor, Members of Council, City Manager,
As you all know, the City Market Building and Food Court has long been a centerpiece in
Roanoke's downtown. It is a hub for lunchtime activity on the market. It is a social
gathering place. It is a destination for visitors. It is prominently featured in every
publication of Roanoke's tourism or business guides. The food court's value to this
community is certainly measurable in dollars. Its even greater, immeasurable value is its
place as one of the most enduring and endearing fixtures in this City.
We're here today to remind the Council that the reason this has been so, has little or
nothing to do with the historic skeleton of the building. As the City's recent survey
demonstrated, the most valuable asset of the Market building is its heart-the businesses
functioning inside of it.
Our businesses represent more than 150 of combined years of service to this community.
It's an important point, because it shows how dedicated we have been to this City. It
shows how we have contributed.
But unfortunately, that is the past. The present is troubling, to say the least. The tenants'
revenues are down between 40-60% percent since the City shut down the building
without notice after neglect of known problems. Anyone who knows about restaurant
businesses understands that no one can sustain this for very long.
So we're here today to talk about the future. I am not exaggerating when I say that as
things stand, there is no future for most of us. Several of our businesses are now facing
shutdown decisions in days or weeks, not months. The rest are sinking. Weare talking
about thirteen local families owning and operating these businesses, and nearly seventy
five employees whose incomes at stake. About to vanish from Roanoke's downtown.
We're here today because first, we need straight answers about whether the City is truly
committed to our businesses remaining a part of Roanoke, or not. If so, we need firm and
useful commitments.
And we need them now. Before Christmas.
Some of the answers are easy. We know that an architectural firm was selected to
redesign the building, albeit without our input. We ask you first, as the governing body,
to tell us precisely how and where our businesses are supposed factor into any proposed
reworking of the building.
We need to know exactly how the City will include us in the future operations in the
building, and specifically what the City intends to do to accommodate the obvious
impacts upon our business while any renovation work is done.
That certainty is not a lot to ask. Our customers want to know. And we need to know for
our futures. We need to make plans now so we don't drown. For those who can survive,
.J.~
"
we need to tell our creditors and product vendors what to expect, and most importantly,
what to tell ourselves and our children at this uncertain time.
But we expect more than that from the City. If the City genuinely wants to include us in
a fresh vision for Roanoke's future, we need to playa role in the redesign itself, since we
are the most knowledgeable of the benefits or shortcomings of the structure from an
operational and ergonomic viewpoint. We have a lot of knowledge to offer. We can
ensure correct working kitchens and up to date sales venues that are scaled to the
customers we know, and the new volume that our businesses each need to stay viable.
But the bottom line is this: unless the City takes some affirmative steps to help us recover
from the shutdown, to restore our reputations and business, and to remain open through
any renovations, most of us simply won't make it. If that's what the City wants, then it
should continue to do nothing.
Doing nothing is not our attitude. It never has been. We believe in working hard and
working with the City to achieve the best results. We are more than willing to put in the
time and energy to cooperate with the City's reasonable requests, and to offer input and
ideas. It has always been our sincere desire to be excellent, to be teammates, and we are
also open to ideas for improving the market and the city.
We are hard workers with reasonable food that people love. Weare not struggling now
because of flawed business models. We are struggling now because of the insecure and
negative events of the last few montbs-a shared experience of all market building
tenants. We are here for a workable solution.
We ask the City to work with us to change that, and to do it right now. ~ light of our
past contributions and commitments to Roanoke's future, we believe that an investment
by the City into helping us is not only fair, but wise. Because one thing is for sure-the
loss of anyone of our businesses is more than just hurt one family; it hurts this
community. We believe it's still preventable, if the City steps up now.
Thank you for your time.
~,
." \j;(
Market Building Association President To Speak at Council
By Valerie Gamer
Anita Wilson, President of the City Market Building Tenants Association, has
been sponsored by Vice-Mayor Sherman Lea and Councilwoman Anita Price to
address Roanoke City Council on Monday at 2:00 PM. Wilson will emphasize the
impact that the March 2009 closure of the Market Buildinq will have on the
tenants livelihoods. March 2009 is the tarQet date set bv Council to beqin maior
renovations that would displace the tenants for an extended period of time.
Mayor Bowers had called it a "9/11 catastrophe" but then took it back.
"It is a catastrophe to the tenants," says Anita Wilson. Some of them are on the
verge of bankruptcy. The intense media coverage has "damaged our [tenants]
reputation." Business at the Market building is way down. There have been no
mice since the Market reopened.
Through miscommunication between the City and Superior Exterminating there
was no insect or rodent prevention service for 4 months. Terminex's initial pest
control service began on April 11, 2008. Superior Exterminating last serviced the
building in December, 2007. The tenant's pay for maintenance of the common
areas which includes "insect and rodent treatment."
On September 19th, the day the building was closed by the Health Department,
multiple mice were found. Prior to the closure Terminex reports indicate dead
mice were found on several weekly inspections as far back as June 27th.
The day after closure, City contractors began repairs to the building that included
the tenants' stalls. Repairs were well on their way when an agreement prepared
by the City Manager's office was presented to the tenants. The agreement dated
September 26th read in whole, "I authorize the City of Roanoke to complete
repairs to my leased premises. I understand the repairs will be charged
according to the provision of the lease."
The tenants felt compelled to sign it. They complained in written comments on
the agreements that they received no estimates for any charges and no contract
for the work. One tenant even wrote, "I am signing under duress."
Nine tenants represented by attorney, John Fishwick, are in legal proceedings
with the city. To date no vendor has received a bill from the city for repairs.
.,.~A-
-r' -...
,~ ....
to .e .
. Glenna Johannessen - I purchased "Seeds of Light" in March of 2007.
. In the Market Building for 14+ years - in business nearly 25 years!
. Have 2+ years on current lease with 3 year option.
. Love our space and would like to be there at least 14 more years!
. Hesitant to upgrade our displays, lighting and flooring with the constant uncertainty of building's
. future.
Two points to make today:
1. The Diversity in Downtown Roanoke including M. B. is what makes downtown thrive today!
2. The impact that closing the Market Building would have on many downtown businesses. .
Point 1: Diversity of Downtown Roanoke and Market Building Tenants
. Downtown is many diverse businesses - most small and locally owned -not franchises or
chains.
. Our customers are also diverse -
. SW Virginia Residents
. Downtown office workers on lunch break
. Tourists and Hotel Roanoke Conference Attendees
. "14.3% of the people surveyed indicated if a full service restaurant with seating was offered it
would make them visit more frequently." (City of Roanoke 2008 Survey of Market Building
Patrons.).
. Our customers tell us again and again that the unique, locally owned businesses and
restaurants are what bring them downtown, and that they wouldn't fight traffic and parking to
come to a chain restaurant or store when they could do that so much easier at a mall.
Point 2: Impact of Closing the Market Building
. Until the closing of the food court on September 19th, our sales were up 7.5% for the year from
2007.
. During the 2 weeks it was closed, our sales were down 14% from the same two weeks in 2007.
. The closing of the building negatively affected other downtown businesses as well.
. (See attached comments from some other downtown businesses)
In making your decision about the future of the Market Building, I hope you will take into account that the
unique diversity of the Market Building vendors are the main attraction to the building and a significant
draw to downtown Roanoke, and that closing the entire building at once would affect many downtown
businesses.
, Thank You,
Glenna Johannessen
Seeds of Light, LLC
32 Market Square, SE
Roanoke, VA 24011-1418
540-342-8037
f' ...;. ;.
Statements from Some Downtown Businesses
December 15. 2008
Awful Arthurs - Todd Lancaster: On a whole; our daytime business
significantly decreased during those two weeks.
Binaba Shop - Atieno Asiyo: Absolutely worst two weeks of sales since
we opened! No traffic in downtown. We are. still trying to recover from that
time.
Gift Niche - Vickie Taylor: Nobody walking on the streets. Business was
down. When we were at a festival at Smith Mountain Lake, we invited
customers downtown to visit and were shocked to find they thought the
Market was completely closed! We felt it was bad PR all around.
Creations - Francine Bray: Most of the days in those two weeks we had
ZERO sales! Our regular customers were hesitant to come in the shop
because of the noise, dust, and smell of the remodeling, and said they
would try to come back another time.
/
Blue Ribbon Boutiaue - Vickie Harwell: Our business definitely suffered!
There was a noticeable difference in the lunchtime trade, and things are
still not back to normal!
"Seeds of Liaht" - Glenna Johannessen: Our sales were down 140/0
from the same two weeks in 2007 - this after a yearly increase of 7.50/0
over 2007! Downtown was like a ghost town!
Roanoke Valley Printshop - John Reburn: Our business was devastated
anyway because of the construction and the sidewalks being torn up, but
the usual lunchtime regulars didn't even show up!
Shade of Color - Pauline Wood: It was horrible - miserable! There was
no lunchtime crowd! This needs to be made known!
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 ,
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk .
December 16, 2008
An n H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38306-121508 appropriating
funding from the Commonwealth of Virginia for the Fire Program Grant,
and amending and reordaining certain sections of the 2008-2009 Grant
Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, Decemberc 15, 2008, and is
in full force and effect upon its passage.
Sincerely,
~~.~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Darlene l. Burcham, City Manager
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire-EMS
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38306-121508.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the
Fire Program Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment <$5,000
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Fire Training Burn Building
35-520-'3338-2035
35-520-3338-2044
35-520-3338-2064
35-520-3338-2065
35-520-3338-9073
35-520-3338-9074
Revenues
Fire Program FY09
35-520-3338-3338
$ 73,283
10,000
70,000
5,000
60,000
40,000
258,283
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~Yn .~u0
City Clerk.
. CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILAN. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Darlene l. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38305-121508 authorizing
acceptance of the FY2009 Fire Programs Funds Grant made to the City of
Roanoke by the Virginia Department of Fire Programs, and authorizing
execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15,2008.
Sincerely,
A~M.~1lw
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire-EMS
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
,..
"'v?cS
IN THE COUNClL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38305-121508.
A RESOLUTION authorizing acceptance of the FY2009 Fire Programs Funds Grant made to
the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Fire Programs the FY2009 Fire Programs Funds Grant in the amount of
$258,283.00, such grant being more particularly described in the letter of the City Manager to
Council dated December 15, 2008.
2. The City Manager is hereby authorized to execute and file, on behalf of the City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required by the Department of Fire Programs in connection with the acceptance of the foregoing
grant.
ATTEST:
~ Tn. ~
City Clerk.
L:~TTORNEY\DAT A\CLRVl\Tim\measures\Fire Program Grant 2009.doc
CITY OF ROANOKE
OFFICE OF THE CITY. MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Department of Fire Programs
Grant
Background:
The Fire Programs Fund was established by the General Assembly during the
mid 1980s. Program guidelines require that funds received are non-
supplanting and may not be used to replace existing local funding. Funds
must be used in accordance with the provisions established by the State
Department of Fire Programs.
The City of Roanoke's FY09 allocation of $258,283 from the Department of
Fire Programs was deposited into account 35-520-3338-3338. The
acceptance of this grant does not require any local matching funds.
The Roanoke Fire-EMS Department recommends appropriation of these funds
for the following items:
Expendable Equipment < $5,000
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Training Center Burn Building Repayment
Total:
$ 73,283
$ 10,000
$ 70,000
$ 5,000
$ 60,000
$ 40.000
$258,283
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
Recommended Action:
Authorize the City Manager to accept the grant and file any documents,
approved as to form by the City Attorney, setting forth the conditions of the
FY2009 Fire Programs Funds Grant, and to furnish such additional
information as may be required.
Adopt the accompanying budget ordinance to establish a revenue estimate
for Fire Program FY09 - State and to appropriate funding i!1 the amount of
$258,283 in various expenditure accounts to be established by the Director
of Finance in the Grant Fund.
Respectfully submitted,
~
Darlene L. Buncham
City Manager
DLB:tb
c: Stephanie'M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
" '.,"', ~.; ",. . '.
CM08-00198
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38308-121508 appropriating
funding from the Commonwealth of Virginia for the FY09 Workforce
Investment Act Grant, and amending and reordaining certain sections of
the 2008-2009 Grant fund Appropriations.
The abovereferenced measure was a"opted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008, and is
in full force and effect upon its passage.
Sincerely,
~~.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human Services/Social Services
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
\0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38308-121508.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY09 Workforce Investment Act Grant, amending and reordaining certain sections of
the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Administrative - Regular _Employee Wages
Administrative - Temporary Employee Wages
Administrative - City Retirement
Administrative - ICMA Match
Administrative - FICA
Administrative - Medical Insurance
Administrative - Dental Insurance
Administrative - Life Insurance
Administrative - Disability Insurance
Administrative - Fees for Professional Services
Administrative - Dues and Memberships
Administrative - Training and Development
Administrative - Local Mileage
Administrative - Food
Administrative - Business Meals and Travel
Administrative - Equipment Rental
Administrative - Other Rental
Administrative - Marketing
Administrative - Supplies
Administrative -Insurance
Administrative - Contract Services
Administrative - Leases
Administrative - Equipment
35-633-2350-1002
35-633-2350-1004
35-633-2350-1105
35-633-2350-1116
35-633-2350-1120
35-633-2350-1125
35-633-2350-1126
35-633-2350~1130
35-633-2350-1131
35-633-2350-2010
35-633-2350-2042
35-633-2350-2044
35-633-2350-2046
35-633-2350-2060
35-633-2350-2144
35-633-2350-3070
35-633-2350-3075
35-633-2350-8053
35-633-2350-8055
35-633-2350-8056
35-633-2350-8057
35-633-2350-8058
35-633-2350-8059
$ 15,231
12,699
2,692
133
2,136
965
57
147
37
500
635
238
300
420
2,100
378
175
200
344
,910
8,034
1,203
500
i
Administrative - Miscellaneous
Administrative - Telephone
Adult - Regular Employee Wages
Adult - Temporary Employee Wages
Adult - City Retirement
Adult - ICMA Match
Adult..,... FICA
Adult - Medical Insurance
Adult - Dental Insurance
Adult - Life Insurance
Adult - Disability Insurance
Adult - Training and Development
Adult - Local Mileage
Adult - Food
Adult - Business Meals and Travel
Adult - Equipment Rental
Adult - Other Rental
Adult - Marketing
Adult - Supplies
Adult - Contract Services
Adult - Leases
Adult - Telephone
Dislocated Worker - Regular Employee Wages
Dislocated Worker- Temporary Employee Wages
Dislocated Worker - City Retirement
Dislocated Worker - ICMA Match
Dislocated Worker - FICA
Dislocated Worker - Medical Insurance
DisloCated Worker - Dental Insurance
Dislocated Worker - Life Insurance
Dislocated Worker - Disability Insurance
Dislocated Worker - Training and Development
Dislocated Worker - Local Mileage
Dislocated Worker - Food
Dislocated Worker - Business Meals and Travel
Dislocated Worker - Equipment Rental
Dislocated Worker - Other Rental
Dislocated Worker - Marketing
Dislocated Worker - Supplies
Dislocated Worker- Contract Services
Dislocated Worker - Leases
Dislocated Worker- Telephone
\
35-633-2350-8060
35-633-2350-8090
35-633-2351-1002
35-633- 2351-1 004
35-633-2351-1105
35-633-2351-1116
35-633-2351-1120
35-633-2351-1125
35-633-2351-1126
35-633-2351-1130
35-633-2351-1131
35-633-2351-2044
35-633-2351-2046 .
35-633-2351-2060
35-633-2351-2144
35-633-2351-3070
35-633-2351-3075
35-633-2351-8053
35-633-2351-8055
35-633-2351-8057
35-633-2351-8058
35-633-2351-8090
35-633.;2352-1002.
35-633-2352-1004
35-633-2352-1105
35-633-2352-1116
35-633-2352-1120
35-633-2352-1125
35-633-2352-1126
35-633-2352-1130
35-633-2352-1131
35-633-2352-2044
35-633-2352-2046
35-633-2352-2060
35-633-2352-2144
35-633-2352-3070
35-633-2352-3075
35-633-2352-8053
35-633-2352-8055
35-633-2352-8057
35-633-2352-8058
35-633-2352-8090
50
496
8,170
2,814
1,299
76
840
521
31
80
20
228
180
83
360
232
71
332
186
194,547
650
138
8,099
4,088
1,286
76
1,172
517
30
78
20
198
180
90
360
230
198
576
184
226,071
644
266
"
Revenues
Workforce Investment Act Grant FY09
35-633-2350-2350
505,801
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~~hJ.~\)vV
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
CECELlA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38307-121508 accepting the
Western Virginia Workforce Development Board Workforce Investment Act
funding of $SOS,801.00,and authorizing the City Manager to execute the
requisite documents necessary to accept the funding.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008.
Si ncerely,
W~Tt\.~~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human Services/Social Services
L: \ CLERK\DATA\ CKEW 1 \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
()fC
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38307-121508.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act funding of $505,80 1, and authorizing the City Manager to execute
the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment
Act funding in the amount of$505,801, for Program Year 2008, as more particularly set out
in the City Manager's letter dated December 15, 2008, to City Council, is hereby
ACCEPTED.
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite documents necessary to accept such funding. All documents shall be
upon form approved by the City Attorney.
ATTEST:
~M..~
City Clerk.
K:\David\COlUlcil Work\westem va workforce development\resolution-120208.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Chur!2h Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
"
\ December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Funding for Western Virginia
Workforce Development Board
Work-Force Investment Act (WIA)
Programs
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
· Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services
".
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$234,287 for the Adult Program which serves economically disadvantaged
adults and $271,514 for the Dislocated Worker Program which serves workers
laid off from employment through no fault of their own for Program Year 2008
Uuly 1, 2008 - June 30, 2010). Ten percent of the aforementioned totals are to
be allocated to the administrative function of the Western Virginia Workforce.
Development Board.
Considerations:
. Program Operations - Existing activities will continue and planned
programs will be implemented.
. Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommendations:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $505,801 for Program Year 2008.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $505,801 and appropriate the same amount in accounts to be
established in the Grant Fund by the Director of Finance as outlined in
Attachment A.
Respectfully submitted,
Darlene L. Bu cham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
CM08-00 1 94
'---
Western Virginia Workforce Development Board 200~-2010 Budget Allocation
Unit Fund/Department! Object Account
Name Unit Code Name Allocation
Admininstrative 35-633-2350 1002 Regular Employee Salaries $ 15,231
1004 Temporary Employee Wages $ 12,699
1120 Fica $ 2,137
1105 City Retirement $ 2,692
1116 ICMA Match $ 133
1125 Medical Insurance $ 965
1130 Life Insurance $ 147
1131 Disability Insurance $ 37
'1126 Dental Insurance $ 57
2010 Fees For Professional Service $ 500
8053 Marketing $ 200
8055 Supplies $ 344
8090 Telephone $ 496
8058 Leases $ 1,203
8059 Equipment $ ,500
2144 Business Meals & Travel $ 2,100
2044 Training & Development $ 238
2046 Local Mileage $ 300
2060 Food $ 420
8056 Insurance $ 910
8057 Contract Services $ 8,034
8060 Miscellaneous $ 50
3070 Equipment Rental/Lease $ 378
3075 Other Rental $ 175
2042 Dues & Memberships $ 635
Total $ 50,580
Unit Fund/Department! Object Account
~ Unit ~ Name ~
Adult 35-633-2351 1002 Regular Em ployee Salaries $ 8,170
1004 Temporary Employee Wages $ 2,814
1120 Fica $ 840
11 05 City Reti rem ent $ 1,299
1116 ICMA Match $ 76
1125 Medical Insurance $ 521
1130 Life Insurance $ 80
1131 Disability Insurance $ 20
1126 Dental Insurance $ 31
8053 Marketing $ 332
8055 Supplies $ 186
8090 Telephone. $ 138
8058 Leases $ 650
2144 Business Meals & Travel $ 360
2044 Training & Development $ 228
2046 Local Mileage $ 180
2060 Food $ 83
8057 Contract Services $ 194,547
3070 Equipment Rental/Lease $ 232
3075 Other Rental $ 71
Total $ 210,858
Unit
Name
Dislocated Worker
Total
Total of all Units
Fund/DepartmentJ
Unit
35-633-2352
Object Account
Code Name
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
1105 City Retirement
1116 ICMA Match
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
,8090 Telephone
8058 Leases
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8057 Contract Services
3070 Equipment Rental/Lease
3075 Other Rental
~
$ 8,099
$ 4,088
$ 1,173
$ 1,286
$ 76
$ 517
$ 78
$ 20
$ .30
$ 576
$ 184
$ 266
$ 644
$ 360
$ 198
$ 180
$ 90
$ 226,071
$ 230
$ 198
$ 244,363
$
505,801
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
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38309-121508 authorizing the City
Manager to submit an application to the Virginia Department of
Transportation for a Safe Routes to School Project grant to provide funds
for the Safe Routes to School program as presented in the Garden City
School Travel Plan and the Williamson Road Area School Travel Plan; and
authorizing execution of the necessary documents, 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, December 15, 2008.
Sincerely,
~ m. ~'MJ
Stephanie M. Moon, CMC
City Clerk
SMM:C\i
Attachment
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
Darlene L Burcham
December 16, 2008
Page 2
pc: Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Asia R. Jones, Executive Director, Student Support Services, Roanoke
City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Thomas Carr, III, Director, Planning Building and Development
Ian D. Shaw, Senior Planner
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
;;.^-.\ n4
r~,~
-J- /V '\....
.....
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38309-121508.
A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of
Transportation for a Safe Routes to School Project grant to provide funds for the Safe Routes to School
program as presented in the Garden City School Travel Plan and the Williamson Road Area School Travel
Plan; and authorizing the execution of the necessary documents, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. By this resolution, the City Council for the City of Roanoke hereby supports the Safe Routes to
School program as presented in the Garden City School Travel Plan, the Williamson Road Area School Travel
Plan, and the City Manager's letter dated December 15,2008; to City Council.
2. The City Manager is hereby authorized to execute and submit an application to the Virginia
Department of Transportation for a Safe Routes to School Project grant to provide funds for the Safe Routes to
School program as presented in the Garden City School Travel Plan and the Williamson Road Area School
Travel Plan, as more particularly set forth in the letter dated December 15, 2008, from the City Manager to
this Council, such application to be approved as to form by the City Attorney.
3. The City Manager is hereby authorized to execute any forms necessary to submit such
application, such forms to be approved as to form by the City Attorney, and to furhish such additional
information or to take any other action as may be required in connection with the City's submission of such
application;
ATTEST:
City Clerk.
l'Y). ~"W
R-Safe Routes School Program grant-2008.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church A venue, S. W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Safe Routes to School
Approval to apply for Grants
Background:
The Virginia Department of Transportation (VDOT) administers a Safe Routes
to School (SRTS) program that annually awards grants to local governments
and school systems. The purpose of the program is to encourage elementary
and middle school students to walk or bicycle to school. VDOT SRTS grants
can be used for infrastructure (e.g., construction of sidewalks, multi-use
paths, crossings) and non-infrastructure/programmatic activities (e.g.,
development of plans, training).
Staff from the City of Roanoke and Roanoke City Public Schools have
developed School Travel Plans for Garden City Elementary and the Williamson
Road Area (Breckinridge Middle School, Monterery Elementary School, Oakland
Intermediate School and Preston Park Primary School). These plans were
approved by VDOT in letters dated December 5, 2008, and these two areas are
now eligible to apply for SRTS grants from VDOT to support plan
implementation. The City plans to submit applications for one or more
infrastructure grants to implement recommended improvements from the
plans by the December 31, 2008, deadline. No City matching funds are
required.
Mayor Bowers and Members of City Council
December 15, 2008
Page 2
The SRTS program allows a locality to apply for one or more grants with a total
value of $500,000. These funds can provide a valuable supplement to the
City's funding for bicycle and pedestrian accommodations while proving a safe
means for children to walk and bike to school. Walking and bicycling provide
health benefits to students while providing a greater connection between
schools and the surrounding neighborhood.
Considerations:
City Council action is needed to submit a complete application for VDOT's
consideration. Although this is a joint program between the City of Roanoke
and Roanoke City Public Schools, these grants would be administered by City
staff as projects that would be implemented primarily in the public right-of-
way rather than at school facilities.
Recommended Action:
Adopt a resolution that indicates the City Council's support for the Safe Routes
to School program as presented in the Garden City School Travel Plan and the
Williamson Road Area School Travel Plan and authorizes the City Manager to
execute the required grant applications, and to take any other actions to
respond to any inquiries or provide supplemental information.
Respectfully submitted,
Darlene L. Bu cham
City Manager
c: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
R. Brian Townsend, Assistant City Manager
Tom Carr, Director, Planning Building and Development
Sherman M. Stovall, Director of Management and Budget
Asia R. Jones, Executive Director for Student Support Services
Ian D. Shaw, Senior Planner
CM08-00203
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
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
(1
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 38310-121508 amending and
reordaining Ordinance No. 36981-022205.
The abpvereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008, and is
in full force and effect upon its passage.
Sincerely,
~~~.~~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Enclosure
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
Maryellen F. Goodlatte
December 16, 2008
Page 2 I
I
pc: The Branch Family LLC, 4552 Franklin Road, S. W., Roanoke, Virginia
24014
Western Virginia Water Authority, 2012 S. Jefferson Street, Suite 200,
Roanoke, Virginia 24014
Summit at Roanoke Apartments, LLC, 4333 Edgewood Road, N. E.,
Cedar Rapids, Iowa 52499
Ms. Stacy Ann Lucas, 3946 Welcome Valley Road, S. E., Roanoke,
Virginia 24014
Mr. and Mrs. Gary W. Critzer, 4531 Narrows Lane, S. W., Roanoke,
Virginia 24014
Mr. and Mrs. Kenneth A. Muncy, 1005 Boon Bernard Drive, Boones
Mill, Virginia 24065
America Electric Power, P. O. Box 2021, Roanoke, Virginia 24022
Mr. and Mrs. Russell C. Etter, 4542 Old Rocky Mount Road, S. W.,
Roanoke, Virginia 24014 .
Trustees, New Hope Christian Church, 4229 Welcome Valley Road,
S; E., Roanoke, Virginia 24014
Margaret B. Young, Trustees, First Union National Bank of Virginia,
4737 Barclay Square, Roanoke, Virginia 24018
Rockydale Quarries Corporation, P. O. Box 8425, Roanoke, Virginia
24014
S. R. Draper Paving Company, 4742 Old Rocky Mountain Road, S. W.,
Roanoke, Virginia 24014
Joe B. Helms, Jr., 3775 Bandy Road, S. E., Roanoke, Virginia 24014
Mr. and Mrs. Frank E. Wilson, 4125 Welcome Valley Road, S. E.,
Roanoke, Virginia 24014
Mr. and Mrs. David M. Derrow, 4117 Welcome Valley Road, S. E.,
Roanoke, Virginia 24014
Mr. and Mrs. Conrad R. Altizer, 4111 Welcome Valley Road, S. E.,
Roanoke, Virginia 24014
Ms. Janice S. Latham, 4101 Welcome Valley Road, S. E., Roanoke,
Virginia 24014
Mr. and Mrs. Edward C. Kennedy, 4097 Welcome Valley Road, S. E.,
Roanoke, Virginia 24014
Mr. W. H. Radford, 4091 Welcome Valley Road, S. E., Roanoke, Virginia
24014
Deborah W. Cassell, 4077 Welcome Valley Road, S. E., Roanoke,
Virginia 24014
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
Maryellen F. Goodlatte
December 16, 2008
Page 3
pc: Mr. and Mrs. William R. Divers, 4070 Welcome Valley Road, S. E.,
Roanoke, Virginia 24014
Campbell Heirs Cemetery, c/o Clarence W. Simmons, 5605 Franklin
Road, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Kenneth W. Wilson, Route 1, Box 335, Elliston, Virginia
24087
The Honorable Brenda Hamilton, Clerk of the Circuit Court
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Thomas Carr, III, Director, Planning Building and Development
Christopher L. Chittum, Agent, City Planning Commission
~:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38310-121508.
AN ORDINANCE amending and reordaining Ordinance No. 36981-022205; and dispensing
with the second reading by title of this ordinance.
WHEREAS, by adopting Ordinance No. 36981-022205, on February 22,2005, City Council
intended to permanently vacate, discontinue and close public rights-of way situate in the City of
Roanoke, and more particularly described as follows:
That portion of Draper Road from its intersection with U.S. 220 North (Franklin
Road) to its terminus at Old Rocky Mount Road;
that portion of Old Rocky Mount Road from its terminus on the westerly side oftax
parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel
number 5370106; and
that portion of We1come Valley Road from its intersection with Old Rocky Mount
Road traveling east an approximate distance of 130.00 feet along tax parcel number
5390110.
WHEREAS, Ordinance No. 36981-022205 provided that it would be null and void, with no
further action by City Council being necessary, if the following three (3) conditions, including the
various filing requirements, were not met by February 22,2010:
1. Applicant shall, at its sole expense, realign the intersection ofWe1come Valley Road
with Old Rocky Mount Road as approximately shown on the plat labeled Exhibit B-
3 attached to the petition filed in the Office ofthe City Clerk on December 2, 2004
subject to review and approval by the City of Roanoke;
2. Applicant shall, at its sole expense, signalize the intersection of Old Rocky Mount
Road with U. S. 220 (Franklin Road), subject to those requirements as may be
imposed by the Virginia Department of Transportation and/or the City of Roanoke;
and .
O-RockydaJe Quarries-amend-reordain ordinance.doc
1
3. Applicant shall, at its sole expense, relocate public utilities within the vacated
portions of Old Rocky Mount Road, Draper Road and We1come Valley Road as
required by the City of Roanoke and the affected utilities and Authority; and
WHEREAS, an exten~ion of time to December 31,2011, in which the above conditions must
be met will effectuate the purpose of Ordinance No. 36981-022205.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last
paragraph of Ordinance No. 36981-022205 be amended to read and provide as follows, and that such
ordinance be reordained as amended:
BE IT FURTHER ORDAINED that if the above conditions have not been
_ met by December 31,2011, then this ordinance shall be null and void with no further
action by City Council being necessary.
BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this
ordinance along with the copy of Ordinance No. 36981-022205 that is to be recorded with the Clerk
of the Circuit Court.
BE IT FINALLY ORDAINED that pursuan,t to the provisions of S 12 ofthe City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
m.~
City Clerk.
O-Rockydale Quarries-amend-reordain ordinance.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita j. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Amendment and reordainment of Ordinance No. 36981-
022205, vacating, discontinuing and closing:
(1) Draper Road from its intersection with u.S. 220 North
(Franklin Road) to its terminus at Old Rocky Mount Road; (2) Old
Rocky Mount Road from its terminus on the westerly side of tax
parcel no. 5370109 traveling north approximately 1032.66 feet
to Official Tax No. 5370106; and (3) Welcome Valley Road
traveling east from its intersection with Old Rocky Mount Road
for approximately 130 feet along Official Tax No. 539,0110.
Background:
On February 22, 2005, Ordinance No. 36981-022205 was adopted by City Council,
permanently vacating portions of three rights-of-way. The vacation of these rights-
of-way was dependent upon the following conditions being executed per the
ordinance by the applicant Rockydale Quarries:
1. Applicant shall at its sole expense realign the intersection of Welcome
Valley Road with Old Rocky Mount Road as approximately shown on
the plat labeled ExhibitB3attached to the petition filed in the Office of
the City Clerk on December 22004 subject to review and approval by
the City of Roanoke.
2. Applicant shall at its sole expense signalize the intersection of Old
Rocky Mount Road with U S 220 Franklin Road subject to those
requirements as may be imposed by the Virginia Department of
Transportation and the City of Roanoke.
Honorable Mayor and Members of City Council,
December 15, 2008
Page 2
3. Applicant shall at its sole expense relocate public utilities within the
vacated portions of Old Rocky Mount Road Draper Road and Welcome
Valley Road as required by the City
of Roanoke and the affected utilities and Authority
The ordinance states that if the above conditions have not been met by February
22, 2010, then said ordinance shall be null and void with no further action by City
Council being necessary. The applicant has indicated that it cannot complete these
obligations by February 22" 2010, and has requested that the ordinance be
amended and reordained to allow the applicant until December 31, 2011 (an
additional period of approximately one year and ten months), to fulfill the
conditions of the ordinance. A copy of that request is attached to this report.
The applicant provided staff with an update of progress on meeting the conditions
of the ordinance up to this point. A summary of this information is provided below:
U.s. 220 & Old Rocky Mount Road Intersection Signalization
The applicant reports that it has completed all the surveying work and the initial
Comprehensive Development Plan for the signalization is in the process of being
reviewed by VDOT. The applicant is in discussions with the Western Virginia Water
Authority regarding a pump house the latter owns that is in the vicinity of the
intersection. The applicant has principally agreed with VDOT that the construction
of the signalization and intersection is done by VDOT (at the applicant's expense)
and not its own contractors as previously planned. The applicant advises that
VDOT cannot complete this task by February, 2010.
Utility Relocation
The applicant reports that it has worked with Roanoke Gas Company, Appalachian
Power Company, Verizon, Cox Cable, Comcast, the Western Virginia Water'
Authority, and AT&T to relocate utilities as needed, and secure permits to work in
VDOT's right-of-way. The plans currently under review by VDOT include the current
locations of utilities that need to be relocated. .
Welcome Valley Road RealiQnment
The applicant reports that after extensive analysis by'its engineers, the intersection
improvements originally proposed in the ordinance present safety concerns, and an
alternative design is currently being reviewed by City staff. The applicant is aware
that it will be required to submit a request to vacate and dedicate portions of right-
of-way, the specifications of which will be determined by the final design.
New Hope Christian Church
The applicant reports that it has worked closely with the church to avoid any
adverse impacts the realignment of the Welcome Valley Road / Old Rocky Mount
Road intersection would cause. The applicant has installed a culvert and dedicated
a new drainage easement for the Church, while also planning to maintain the
Honorable Mayor and Members of City Council
December 15, 2008 .
Page 3
Church's drainage easement. The applicant has also provided the Church with
grading, paving, and landscaping assistance.
Scenic Berms
The applicant reports it has constructed a berm along US 220 North in order to
reduce the visual impact of quarry operations, and has prepared the site for the
construction of berm required along Welcome Valley Road.
Conservation Easement.
Per the rezoning application that was concurrent with this ordinance, the applicant
reports that it has donated a conservation easement of 9.47 acres to the National
Park Service.
Internal Relocations
The applicant reports that it has relocated a number of facilities to prepare for the
relocation of the quarry office and scale house per its approved site plan.
Recommendation:
ArlJend and reordain Ordinance No. 36981-022205 with the condition that the date
required for fulfillment of the conditions be changed from February 22, 2010, to
December 31,2011.
Respectfully submitted,
Darlene L. Bur
City Manager
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Chris Chittum, Agent, City Planning Commission
CM08-00l88
ROCKYDALE QUARRIES.CORPORATION
P.O. BOX 8.425 . ROANOKE, VIRGINIA 24014-0.425 · TElEPHONE (540)77.4-1696 · FAX (5.40)77.4-911.4
November 18, 2008
RECEIVED
HAND DELIVERED
NOV 1 9 2008
CITY OF ROANOKE
'1 ANNING BUilDING AND OEVELOPM~'
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
c/o Roanoke City Clerk
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Re: Request for Extension of Time: Ordinance No. 36981-022205 (the "Ordinance")
Dear Mayor Bowers and Members of City Council:
"'
In February 2005 City Council enacted the above Ordinance which vacated three
right-of-way segments. A companion ordinance (No. 36980-022205) rezoned over 62 acres
of our property in order to facilitate the expansion of Rockydale Quarries. Since the
enactment of the Ordinance, we have been making steady progress toward the fulfillment of
its conditions. By its terms, the 9rdinance required that all its conditions be met by us no
later than February 22, 2010. Even though that date is not yet upon us, we anticipate that
some additional time will be needed in order to fully perform all of the conditions associated
with the Ordinance. .
Accordingly, we respectfully request that Council extend the time for performance of the
conditions set forth in the Ordinance until December 3 1, 2011. As we request this extension,
we wanted to provide you with a report on our work to date. A summary of our 'efforts
follow.
u.s. 220 & Old RockvMount Road Intersection Shroalization
Mayor Bowers and Members of City Council
November 18,2008
Page 2
We agreed, at our expense, to signalize the intersection of Old Rocky Mount Road with
U.S. 220 (Franklin Road). Completion of this signalization is one of the conditions set forth
in the Ordinance. All the surveying work associated with this action has been completed and .
the initial Comprehensive Development Plan for the signalization is completed and is in the
process of being reviewed by VDOT. To optimize the operation of this intersection, we have
been in discussions with the Western Virginia Water Authority. A pump house, owned by
the Authority, is located within the vicinity of the proposed intersection. Engineers have
recommended to us that a portion of the Authority's property be incorporated into the
intersection work - and we have been speaking with Authority representatives toward that
end. In consultation with VDOT, we have concluded it will be best if the actual construction
of the signalization and intersection is performed by VDOT - at our expense - and not by
our own contractors. However, the timeIines for this approach to the work take us beyond
February, 2010.
Utility Relocation
Relocating utilities has consumed a significant amount of our time to date, given the number
of utilities involved. They included Roanoke Gas Company, Appalachian Power Company,
Verizon, Cox Cable, Comcast, the Western Virginia Water Authority, and AT&T. We have
secured the necessary permits to work in VDOT's right-of-way. This work consisted of
clearing trees and grading slopes to create the 40' public utility easement ("PUB") around the
proposed quarry perimeter, as shown on the approved rezoning plans. This 40' perimeter
PUB has been surveyed and staked off and utility construction is commencing. As part of
this relocation process, the current locations of utilities that need to be relocated have been
surveyed and have been included in the Signalization and Realignment Comprehensive
Development Plans under review by VDOT.
Welcome Vallev Road Realii!nment
Significant engineering analysis and work has been performed in order to achieve the best
design for the realignment of Welcome Valley Road's intersection with Old Rocky Mount
Road. The Ordinance vacated a portion of Welcome Valley Road in order to change its
intersection with Old Rocky Mount Road from a "T" to a curve. Since adoption of the
Ordinance, engineers have concluded that the alignment of that intersection can and should
be improved from the alignment permitted by the Ordinance. Site distance and safety
concerns formed the basis of the engineers' recommendations. Engineering plans related to
this change in . alignment have been developed and are being reviewed by City staff. We
have been advised that we will need to seek a technical change to the metes and bounds
Mayor Bowers and Members of City Council
November 18,2008
Page 3
description of the vacated rights-of-way and we will so proceed when the agreed-upon
intersection alignment has been finalized and approved by the City.
New HODe Christian Church
The need to adjust the previously approved realignment of the Welcome Valley Road / Old
Rocky Mount Road intersection caused us to work closely with New Hope Christian Church
in order to make sure that any shifts in the road realignment would not adversely affect the
Church. To that end, we have dedicated a new drainage easement in favor of the Church and
installed an underground drainage culvert to facilitate the quarry expansion and maintain the
Church's drainage easement. We've 'also worked with the Church, providing grading, paving,
and landscaping assistance as they improved their property.
Scenic Berms
We have relocated the high voltage lines and electrical disconnect switches in order to
facilitate the construction of the required berm along Welcome Valley Road. We have also
constructed a berm along US 220 North in order to reduce the visual impact of quarry
I
operations~ Construction of this berm consisted of site grading, installation of underground
drainage culvert ,and riser; installation of erosion and sediment controls and slope
stabilization via seeding and the planting of trees. As is the case with all our work, our plans
have been approved and overseen by DMME (the Department of Mines, Minerals and
Energy), one of our regulators.
Conservation Easement
'As part of the rezoning which was a companion action to the Ordinance, we agreed to place a
conservation easement on 9.47 acres ofland on Welcome Valley Road by February 22, 2010.
I am pleased to report that we have already donated that conservation easement to the
National Park Service. As you will recall, this conservation easement will protect the view
shed of the Blue Ridge Parkway's Gum Spring overlook. In addition to taking this specific
action, we continue to work with Friends of the Blue Ridge Parkway by planting trees and
shrubs to further block views ofthe quarry.
Mayor Bowers and Members of City Council
November 18, 2008
Page 4
Internal Relocations
As you will recall, as part of our approved plan, our company's scale house, quarry office and
other buildings will be relocated. We have already relocated a number of our facilities as we
prepare for the ultimate relocation of the quarry office and scale house.
From the outset, we recognized that this would be a long process, requiring the cooperation
of not only our regulators (which, in addition to DMME,'include theU. S. Mine Safety and
Health Administration and the Virginia Department of Environmental Quality), but also the
City, numerous utilities, VDOT and the Water Authority. We have spent time and energy on
matters related to the quarry development, but not directly tied to the Ordinance. For
example, we continue ,to work with VDOT to provide additional lanes on US 220. Although
the creation of those lanes is not a condition of the Ordinance, it does impact VDOT's overall
plans for the Route 220 corridor and must be taken into account by us as we deal with
Ordinance-required conditions, such as the signalization of the US 220/01d Rocky Mount
Road intersection. At this point we have concluded that it is unrealistic to expect to meet all
Ordinance conditions by its deadline. However, we have made tremendous progress and
have already spent over $720,000.00 on this project. Therefore, we respectfully request an
extension of the deadline.by which the conditions set out in the Ordinance must be met from
February 22, 2010 to December 31, 2011. If we can provide you with any additional
background related to this request, please give me a call.
Very truly yours,
ROCKYDALE QUARRIES CORPORATION
By:
jJ~j).uJli
David D. Willis
c:
/Mr. Frederick Gusler
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) 853-1]45
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38311-121508 authorizing execution.
of a revised Intergovernmental Agreement continuing the Roanoke Valley
Greenway Commission.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008~ and is
in full force and effect upon its passage.
Sincerely,
~~ 'rY1. ~o.v
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Steven C. Buschor, Director, Parks and Recreation
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
t'~'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38311-121508.
AN ORDINANCE authorizing execution of a revised Intergovernmental Agreement
continuing the Roanoke Valley Greenway Commission; and dispensing with the second reading by
title oftms ordinance.
WHEREAS, in March 1997 City Council authorized execution of an Intergovernmental
Agreement among the City of Roanoke, Roanoke County, City of Salem, and the Town of Vinton,
establishing the Roanoke Valley Greenway Commission (the "Commission") for a period of twelve
(12) years (the "Agreement");
WHEREAS, the purpose of the Commission is to promote and facilitate coordinated
direction and guidance in the planning, development and maintenance of a system of greenways
throughout the Roanoke Valley;
WHEREAS as a result of a decade of progress through regional cooperation in the
establishment and expansion of the greenway system throughout the Roanoke Valley, revisions are
needed tothe Agreement in order to improve the operational effectiveness of the Commission;
WHEREAS representatives from each of the participating governments have prepared
proposed revisions to the Agreement which have been reviewed and approved by the responsible
officials of each of the participating governments; and
WHEREAS the proposed revisions to the Agreement continuing the Commission are being
submitted to each of the participating local governing bodies for their approval.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
X: \MEA.sURES\GRF.F.)JW~V~ ("'nMMT.c:~Tn>> Tl.M'll!onn"l71;''D'tJMlO'''''''1\T. 1\~n'C'1:'U'I:''''_ ...........
"
respectively, a revised futergovernmental Agreement continuing the Roanoke Valley Greenway
, Commission.
2. Such Agreement shall be in form approved by the City Attorney and substantially in
the form of the Agreement attached to the report of the City Manager dated December 15,2008.
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:
~m.~
City Clerk.
K.\MEASURES\GREENWAYS COMMISSION INTERGOVERNMENTAL AGREEMENT. DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Revised Roanoke Valley Greenway
Commission Intergovernmental
Agreement
Background:
In February 1995, a Roanoke Valley Steering Committee was formed to develop and
implement a greenway program due to citizens' interests in preserving open space,
protecting viewsheds along the Blue Ridge Parkway and developing a regional
greenway system. In December 1995, the committee completed the Roanoke
Valley Conceptual Greenway Plan and proposed the formation of the Roanoke
Valley Greenway Commission for the organization and implementation of said plan.
The Commission was charged with promoting and facilitating coordinated direction
and guidance in the planning, development and maintenance of a system of
greenways throughout the Roanoke Valley.
On March 17, 1997, City Council adopted an ordinance authorizing an
Intergovernmental Agreement between the City of Roanoke, Roanoke County, City
of Salem and Town of Vinton establishing a permanent Roanoke Valley Greenway
Commission. The Agreement outlines the responsibilities and duties of the
Commission, membership, meeting schedules, administrative requirements and
fiscal responsibilities. The original Agreement signed in 1997 has remained in
force for a period of twelve (12) years with no revisions and with a termination
clause of April 17, 2009.
A committee of representatives from the four local governments has been working
with members of the Greenway Commission on a proposed revision of the
Intergovernmental Agreement. The proposed revisions to the Agreement have
been developed by the committee and endorsed by the Greenway Commission.
Although it does not propose a new or different role for the Greenway Commission,
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
it eliminates the sunset clause, addresses issues that have arisen in the last ten
(10) years and addresses recommendations by staff in the organizational analysis
completed in the 2007 Update to the Greenway Conceptual Plan.
Considerations:
· The major changes in the Revised Intergovernmental Agreement include:
./ Other jurisdictions may be added if unanimously approved by all the
current participating localities.
./ The Greenway Commission shall be authorized to apply for and
receive, through its fiscal agent, grant and donations for use in
support of the greenway program.
./ Localities may designate up to two (2) staff as voting members of the
Commission. Currently, staff are non-voting members.
./ 'Pathfinders for Greenways, Inc. is given a voting membership and
recognized as the organization responsible for coordinating greenway
volunteers.
./ The Roanoke Valley Alleghany Regional Commission and the Western
Virginia Water Authority will each designate one (1) representative to
serve as an ex-officio, non-voting member of the Commission.
· The governing bodies of the participating jurisdictions are scheduled to act
on the proposed Intergovernmental Agreement in December 2008 as
follows: Roanoke County - 12/2, City of Salem - 12/8 and Vinton - 12/16.
Recommended Action:
City Council authorize the City Manager, on behalf of the City of Roanoke, to enter
into a revised Intergovernmental Agreement with Roanoke County, City of Salem
and Town of Vinton establishing the Roanoke Valley Greenways Commission.
Respectfully submitted,
Darlene L. Burc
City Manager
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Steven C. ,~uschor, Director of Parks and Recreation
CMOB-00193
REVISION
TO THE
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE
ROANOKE VALLEY GREENWAY COMMISSION
Faye Gilchrist
Melinda Payne
Janet Scheid
Matthew Hare
Committee Members:
Representing the City of Roanoke
Representing the City of Salem
Representing Roanoke County
Representing the Town of Vinton
REVISION TO THE
INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE ROANOKE VALLEY GREENWAY COMMISSION
December 2008
G
1. PURPOSE
The purpose of the Roanoke Valley Greenway Commission ("Commission") is to
promote and facilitate coordinated direction and guidance in the planning, development,
and maintenance of a system of greenways throughout the Roanoke Valley.
n
2. BENEFITS OF A GREENWAY SYSTEM
This greenway system, in which each greenway is owned and operated by the
participating locality in which it is located, is intended to enhance the quality of life for.
Valley citizens and visitors and to:
I
(a) Provide safe and efficient alternative transportation linkages
among recreational sites, open spaces, residential areas,
employment centers, educational and cultural facilities, and
other activity centers;
(b) Encourage citizen wellness and maintain environments which
promote opportunities for recreation activities;
(c) Protect environmental assets and retain beneficial ecological
habitats;
(d) Maintain a contiguous urban forest ecosystem to reduce
community wide environmental problems such as excessive
. storm water runoff, air quality degradation, water pollution,
and urban climate change;
(e) Promote an appreciation for the Valley's natural, historical and
cultural resources and its neighborhoods;
(f) Protect and link significant remnants of the community's
undeveloped open spaces, woodlands, and wetlands; and
(g) . Enhance the Valley's appearance to encourage tourism,
promote economic development, and improve the living
environment for residents.
1
'3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND
PARTIES TOTHE AGREEMENT
(
This Agreement, and any amendments thereto, shall be effective, and the
Commission shall be established, pursuant to 915.2-1300, Code of Virginia (1950), as
amended, upon its execution pursuant to the authority of ordinances adopted by the
gQverning bodies of each of the City of Roanoke, the City of Salem, the County of
Roanoke, and the Town of Vinton, each herein being referred to as a "participating
locality". Additional participating localities may be added as parties to this Agreement
upon unanimous approval through adoption of ordinances by the existing participating
localities and upon adoption of an ordinance by the governing body of the locality
requesting to be added. '
4. RESPONSIBILITIES AND DUTIES
'-
The Commission shall have the following responsibilities and duties:
(a) To study the needs of the Roanoke Valley and the desires of
the Valley residents as expressed in the Roanoke Valley
'Conceptual Greenway Plan, dated December 1995, and the
2007 Update to the Roanoke Valley Conceptual Greenway
Plan; to review these plans every five years and revise as
necessary; and to encourage inclusion of a coordinated
system of greenways into each participating locality's planning
efforts;
(b) To advise and inform the governing bodies and the citizens of
the Valley of existing, planned, and potential opportunities for
establishing greenways within the Valley;
(c) To make recommendations to the governing bodies relative to
desirable federal, state, and local legislation concerning
greenway programs and related activities;
(d) To investigate, aM recommend, and help solicit funding,
grants, and/or donations of land, property or services from the
Commonwealth of Virginia, the United States of America, their
agencies, private citizens, corporations, in.stitutions and others
to promote, construct or maintain Greenways within the
Roanoke Valley;
(e) To study and recommend uniform standards for the design
and construction of greenways, including sign standards, to
be employed Valley-wide;
2
(f) To actively pursue and promote public/private partnerships,
work closely with the Western Virginia Land Trust and similar
nonprofit organizations, and facilitate cooperation among
Valley governments in developing, constructing, and
maintaining a system of greenways throughout the Valley; aR€J.
(g) To coordinate the efforts of the federal, state and local
jurisdictions in the Valley to create a Valley-wide system of
greenways and trails that satisfy the needs of all the residents
of the Valley, including those with special needs;
(h) To assist the participating localities with developing project
plans and timetables for greenways and with defining roles
and responsibilities for each project; and
(i) To coordinate with Pathfinders for Greenways, Inc. in its use
of volunteers to assist participating localities with construction
and maintenance of greenways and in its solicitation of private
sector funding for greenway development.
5. MEMBERSHIP
(a) The Roanoke Valley Greenway Commission shall be
composed of members, appointed as follows:
(1) Up to three (3) members from each of the
participating localities to be appointed by the
governing bodies, each for a term of three (3)
years, with appointments to be staggered. Each
member shall be a resident of the locality which
he or she represents;
. (2) . One (1) member appointed by the Roanoke
Valley Area Metropolitan Planning Organization
for a term of three (3) years;
(3) Up to two (2) staff members from each of the
participating localities, appointed by the chief
administrative officer; and
)
(4) One member appointed by Pathfinders for
Greenways, Inc., the nonprofit group established
to support greenways in the Roanoke Valley.
3
(b) In addition to the above members, the following individuals, or
their designated representatives, shall serve as ex-officio,
non-voting members of the Greenway Commission:
(1) One (1) representative of the Western Virginia
Land Trust; .
(2) One (1) representative of the Western Virginia
Water Authority; and
(3) One (1) staff member from the Roanoke Valley
Alleghany Regional Commission.
(4) The Commission may add ex-officio members,
as appropriate, from interested organizations.
(c) A vacancy for the remainder of any term of any member shall
be filled by the governing body or person making the original
appointment.
(d) The members of the Commission shall serve without
compensation.
6. MEETINGS
(a) The Commission shall hold regular meetings at least once per
quarter each calendar year. All meetings and hearings of the
Commission shall be open to the public, except closed
meetings may be held pursuant to the provisions of the
Virginia Freedom of Information Act. Reasonable notice of the
time and place of all regular and special meetings shall be
given to the public. Meetings shall be called by the chair or
upon request of a majority of the members. .
(b) The Commission shall adopt bylaws necessary to conduct the
affairs of the Commission.
7. OPERATING REVENUE
(a) The Commission shall not operate as a fiscal agent.
(b) Funding for the Commission shall be administered through an
agreed-upon fiscal agent.
4
(c) Operating revenue for the Commission shall be funded by the
participating localities on an equal per capita basis as
determined by the most recent population estimates of the
Weldon Cooper Center for Public Service of the University of
Virginia.
(d) Annual funding requests from the Commission s~all be made
by February 1 of each year to the governing bodies of the
participating localities. .
(e) The Commission shall be authorized to apply for and receive,
through its fiscal agent, grants and donations for use in
support of the greenway program.
8. ADMINISTRATION
(a) An annual report shall be prepared and submitted to the
governing body of each participating locality each calendar
year.
(b) The Commission may establish any committees necessary to
fulfill the responsibilities and duties of the Commission.
9. DURATION
(a) This Agreement shall remain in force until terminated or
modified by action of the governing bodies of all participating
localities.
(b) A participating locality may withdraw from this Agreement by
adoption of an appropriate ordinance.
10. AMENDMENTS
This Agreement may be amended only by approval by the governing bodies of
each participating locality. .
11. LIABILITY
To the extent permitted by law, the participating localities agree to indemnify,
keep and hold the members of the Commission and its staff free and harmless from any
5
,/
liability on account of any injury or damage of any type to any person or property
growing out of performance of the duties and responsibilities imposed by this
Agreement. In the event of any suit or proceeding brought against members of the
Commission or its staff, the participating localities shall pay reasonable costs of
defense. Any costs of the participating localities under this section shall be shared on a
per capita basis as determined by the most recent population estimates of the Weldon
Cooper Center for Public Service of the University of Virginia.
6
\
\.
WITNESS our hands and seals this
AifTEST:
ATTEST
ATTEST:
ATTEST
day of
CITY OF ROANOKE
By
,2008.
\
\,
COUNTY OF ROANOKE
By
CITY OF SALEM
By
TOWN OF VINTON
By
7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
December 16, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene l. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38312-121508 authorizing the City
Manager to enter into an agreement between the City of Roanoke and the
City of Roanoke School Board pertaining to the operation of a fitness
center at Woodrow Wilson Middle School for use by the general public,
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, December 15, 2008, and is
in full force and effect upon its passage.
Sincerely,
.~~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Steven C. Buschor, Director, Parks and Recreation
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
. r:.. <. . (7
9 "\.otJ
\)\
,\'V \
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38312-121508.
AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City
of Roanoke and the City of Roanoke School Board pertaining to the operation of a fitness center at
Woodrow Wilson Middle School for use by the general public, upon certain terms and conditions;
and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf ofthe City of Roanoke, in form approved by the City Attorney, an Agreement
with the City of Roanoke School Board, pertaining to the operation of a fitness center at Woodrow
Wilson Middle School for use by the general public, such Agreement to be upon such terms and
conditions as are more particularly described in the City Manager's letter dated December 15, 2008,
to this Council.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
~rn.~~
City Clerk. .
. O-Woodrow Wilson MS Agreement with Schools.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Woodrow Wilson Middle
School Fitness Center
Agreement
Background:
The Parks and Recreation Department opened the fitness center at Woodrow
Wilson Middle School in November, 1998. The most recent five year agreement
between the City and the School Board for the Woodrow Wilson Middle School
Fitness Center will expire December 30, 2008.
The proposed agreement for Woodrow Wilson Center is similar to the previous
five year lease between the City and the School Board. The School Board uses
the Woodrow Wilson Fitness Center for physical education classes and sports
conditioning for students during school hours. Parks and Recreation operates
the fitness room and gymnasium as a community fitness center for the general
public during non-school hours. The City provides the cardiovascular and
strength/flexibility equipment for the fitness room and pays a pro rated share
of utilities and custodial service as mutually agreed upon for Saturday usage.
The terms of this Agreement shall be from December 31, 2008 until December
30, 2009 and may be extended for four (4) additional one-year terms.
Additional details of the rights of both Parks and Recreation and the City of
Roanoke School Board are contained in the attached Agreement.
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
Recommendation:
Authoriz~ the City Manager to execute the attached Agreement, in a form
approved by the City Attorney, with the Roanoke City School Board to continue
to operate the Woodrow Wilson Fitness Center.
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
CM08-00 1 96
AGREEMENT
THIS AGREEMENT is made this ~ day of
, 2008, between the
CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "City", and the ROANOKE CITY
SCHOOL BOARD, hereinafter referred to as "School Board".
WIT N E SSE T H:
IN CONSIDERA nON ofthe mutual covenants contained in this Agreement, the City and the
School Board agree as follows:
1.
Premises:
The facility which is the subject of this Agreement ("Premises") shall be
the fitness room, the gymnasium, lobby, the restrooms, the men's and ladies' locker rooms, and other
mutually agreed upon designated space at Woodrow Wilson Middle School located at 1813 Carter
Road, S.W., in the City of Roanoke.
"
2. . Term of Agreement: The initial term ofthis Agreement shall be from December 31,
2008, until December 30,2009. This Agreement shall be extended for four (4) additional one-year
"
terms, unless a party terminates the Agreement pursuant to Paragraph No. 12, in writing, no later
than thirty (30) days prior to the last day of the then-current term ofthe Agreement.
3.
Terms of Use:
The Premises shall be open to the general public, subject to the
following terms and conditions:
(a) The fitness room shall be available to all persons wh~ are sixteen (16) years of
age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the fitness room
upon completion of training provided by the Woodrow Wilson Middle School Physical Education
Department or the Fitness Trainer employed by the City.
Woodrow Wilson Middle School-12-3-08.doc
I
(b) The Director of the City of Roanoke Department of Parks and Recreation
("Director") shall implement an identification procedure to ensure that only authorized persons are
using the Premises and that their use is at the appropriate rate.
(c) The hours of operation of the Premises shall be as follows ("Operational
Hours"):
(i) Fitness Room: 4:30 p.m. - 9:00 p.m., Monday through Thursday,
4:30 p.m. -8:00 p.m. on Friday, for use by the general public.
(ii) Gymnasium: 5:00 p.m. - 9:00 p.m., Monday through Friday, for use
by the general public, for the first year ofthe Agreement, and in the
future at' such times as the parties mutually agree in writing.
Gymnasium use is subject to school use through prior reservation by
the school principal.
(iii) Locker rooms, and mutually agreed upon designated space: to be
used at such times and subject to fees as agreed upon in writing by the
parties. A take down and set up fee may be charged if the school's
custodial staff is required to take such action because ofthe nature of
the activity using a facility.
(iv) The Premises shall be accessible from 8:00 a.m. until 3:00 p.m. on
Saturdays, and closed on Sundays.
The Director shall have the authority to adjust the hours of operation ofthe Premises, or any portion
thereo f, in writing, and the Director shqll have the authority to cancel use 0 f the Premises for any date
\)
or dates pursuant to this Agreement due to inclement weather or any other reason.
(d) The School Board may rent the gymnasium at any time the Premises are not
scheduled to be used by the City. All arrangements relating to such rental shall be made through the
School Board.
(e) ,The School Board shall continuously maintain appropriate temperature and
reasonable humidity control throughout the year in the fitness room for the proper maintenance and
protection of the equipment in th~ fitness room.
Woodrow Wilson Middle School-12-3-08.doc
2
(f) The City will be responsible for the cost of repairs for damages (other than fair
wear and tear or damages caused by the negligence of any School Board employee) to the facility
caused by persons using the facility as part of a City-sponsored program.
4. Equipment: The equipment in the fitness room belongs to the City. The City shall
be responsible for the cost of repairing or replacing all equipment damaged or destroyed by normal
use of the equipment. The School Board shall repair or replace any equipment willfully or
intentionally damaged or destroyed by any person at any time not during Operational Hours, and the
City shall repair or replace any equipment willfully or intentionally damaged or destroyed by the
general public during Operational Hours. Each party shall perform an inventory and inspection prior
to each day of use and shall note the results of the same on forms approved and provided by the
Director. The determination of whether equipment shall be repaired or replaced shall be the
Director's decision.
5.
Conflicts in use:
Use of the Preinises by the general public pursuant to this
Agreement shall be subject to events scheduled by the School Board. Reasonable notice of such
events shall be given to the Director, in writing, preferably fourteen (14) calendar days ofthe first day
of the event. If less than ten (10) days notice is given, then the School shall supply the City an
alternate location on site, adequate enough to allow for their prescheduled event.
6. Additional areas for use: The City shall have use of office space within the fitness
room for administering this Agreement. The City shall also have use of one-half (1 12) ofthe storage
room for storage of materials.
7. Access to equipment: The City and the School Board shall have access to, and may
use, all equipment which is stored at Woodrow Wilson Middle School as of the date of this
Agreement, including volleyball standards, aerobic steps, and mats. Such equipment, if damaged
Woodrow Wilson Middle School-12-3-08.doc
3
willfully or intentionally during a use time administered by one of the parties, shall be repaired or
replaced by that party within thirty (30) days ofthe equipment being damaged.
8.
Maintenance of Premises:
The School Board shall maintain and clean the Premises
after use of the same during a school day and before use of the Premises by the general public
pursuant to this Agreement. The School Board shall maintain and clean the Premises before the use
of the same on each Saturday the Premises are used by the general public pursuant to this Agreement.
The City shall pay the School Board for each Saturday such custodial services are provided at a
mutually agreeable rate.
The School Board shall pay for all utilities, including water and
') .
electricity, for use ofthe Premises Monday through Friday, and the City shall pay a prorated share of
9.
Utilities:
such utilities for use ofthe Premises on Saturday at a mutually agreeable rate. The City will pay all
montWy fees incurred as a result ofthe telephone located in the office described above, as well as all
long distance calls made during the hours of operation for use by the general public.
10. Insurance: The School Board shall name the City, its officers, agents, employees and
volunteers as additional insureds as their interests may appear on the appropriate School Board
liability policies with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and One
Million Dollars ($1,000,000.00) aggregate. If any organization sponsored by the City uses the
Premises, such organization shall provide the City and School Board with proof ofliability insurance
in accordance with the above limits and such organization shall name the City and School Boa:d, their
officers, agents, and employees as additional insureds. All insurance correspondence shall be sent to
the City of Roanoke , c/o Risk Management Officer, Room 209, Municipal Building North, Roanoke,
Virginia 24011, and clo Assistant Superintendent for Operations, Roanoke City School Board, 40
Douglass Avenue, Roanoke, Virginia 24012.
Woodrow Wilson Middle School-12-3-08.doc
4
11.
Notice:
Notice to the parties, unless otherwise indicated, shall be in writing and
either in person and delivered to the following locations, or by first-class mail:
If to the City:
Director of Parks and Recreation
210 Reserve Avenue, S.W.
Roanoke, Virginia 24016
If to the School Board:
Assistant Superintendent for Operations
40 Douglass Avenue
Roanoke, Virginia 24012
12. Termination: This Agreement may be terminated at any time by either party for
cause, in writing, with thirty (30) days notice. The City shall have access to its equipment during
normal business hours for forty-five (45) calendar days after termination and shall remove the same
'I
during that period of time.
13. Third- Parties: Neither party shall be obligated or liable hereunder to any person or
entity not a party to this Agreement.
14.
Successors and Assigns:
The terms, conditions, provisions and undertakings of
this Agreement shall be bindingupon and inure to the benefit of each ofthe parties hereto and their
respective successors and assigns.
15. Assignment: This Agreement and the rights and obligations hereunder may not be
sold, assigned, or transferred at anytime by either party without the prior written consent ofthe City's
City Manager.
16. Captions and Headings: The section captions and headings are for convenience and
reference purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
17. Cooperation: Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purpose of this Agreement.
Woodrow Wilson Middle School-12-3-08.doc
5
18.
Entire Agreement:
This Agreenient constitutes the entire agreement and
understanding of the parties.
WITNESS the following signatures and seals:
CITY OF ROANOKE, VIRGINIA
ATTEST:
By
Its
Stephanie M. Moon, City Clerk
ROANOKE CITY SCHOOL BOARD
ATTEST:
(Title)
(Title)
Approved asto Form:
Approved as to Execution:
Assistant City Attorney
for City of Roanoke
Assistant City Attorney
for City of Roanoke
Woodrow Wilson Middle School-12-3-08.doc
6
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
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
\
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy Qf Budget Ordinance No. 38313-121508 transferring
funding the Police Building Phase II project to the Fire/EMS Station No.5
project, and amending and reordaining certain sections of the 2008-2009
Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of _
Roanoke at a regular meeting held on Monday, December 15, 2008, and is
in full force and effect upon its passage
Sincerely,
~ h\ '~GI-v
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire/EMS
R. Brian Townsend, Assistant City Manager for Community
Development
.Sherman M. Stovall, Director, Management and Budget
Philip C. Schirmer, P.E., LS, City Engineer
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
1(.
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38313-121508.
AN ORDINANCE to transfer funding from the Police Building Phase II
project to the Fire/EMS Station NO.5 project, amending and reordaining certain sections
of the 2008-2009 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
08-530-9567 -9003
08-530-9680-9003
$ ( 277,764)
277,764
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-+--. n ~ .-. . \
I~~ m. ~~
City Clerk. ~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, -Council Member
Dear Mayor Bowers and Members of City Council;
Subject:
Fire/EMS Station No.5
Funds Transfer
Background:
The City of Roanoke received eight competitive bids on November 25, 2008
for the proposed Fire/EMS Station No. 5 to be located on Melrose Avenue at
20th Street. The low bid was submitted by G & H Contracting, Inc. of Salem,
Virginia.
Funds in the amount of $5,077,150 have been budgeted for the project in the
current year Capital Improvement Program (CIP). Funds in the amount of
$4,527,393 have been previously appropriated to the project account. The
remaining funds of $549,757 were to be transferred to the project account
upon receipt of bids. Favorable bids have reduced the total cost of the project
to $4,805,157, therefore funds in the amount of only $277,764 need to be
transferred to the project account. Funding in this amount is available in
Police Building Phase II project account (08-530-9567). These funds are
unused contingency funds from the Police Building Phase II project and were
budgeted to fully fund the Fire/EMS Station No.5.
Recommended Action:
Adopt the accompanying budget ordinance to transfer $277,764 to the
Fire/EMS Station No. 5 project account (08-530-9680) from Police Building
Phase II project account (08-530-9567).
Darlene L. B rcham
City Manager
Honorable Mayor and Members of City Council
December 15, 2008
Pag e 2
DLB/PCS/lmb
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
Robert K. Bengtson Director of Public Works
H. David Hoback, Chief, Roanoke Fire/EMS
Philip C. Schirmer, PE, LS, City Engineer
CM08-00200
. Council Christmas 2008
So now we pause at Christmastime to mark a joyous season -
A moment to reflect upon a year of worthy labors.
And though our mirth be tempered for some economic .reasons,
Well too should we be mindful ofthose gifts we e'er can savor.
From points both near and far, a grand art museum beckons,
And here and there beguiled we are by works of public art.
Hop on a trolley bus and you can be downtown in seconds,
Where shops and homes and endless life give beat to Roanoke's heart.
At Carvins Cove, an easement will safeguard the land for ages,
While brownfield sites create new opportunities for wealth.
Awards of goodly number: what a bright future this presages,
And beefed-up wellness programs give the gift ofbetter health.
The city's face is ever improved by valuable new facilities:
The Campbell Garage, Police Academy plans, the LEED-cert fire station,
Not one but two library kiosks - all add to our abilities.
And grants applied and won bear fruits born of determination.
Our Parks and Rec and 9-1-1 have caps now finely feathered.
Yet much we owe to those whose efforts largely go unseen.
How blessed are we for those who daily slay life's fiercest "weather,"
And thanks we give to those who keep our valley clean and green.
Though Christmastime may come and go, a moment swiftly passed,
The works we do for one and all - such gifts as these shall last.
~~~
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
CECELIA R. 1YREE
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38314-121508 appropriating
funding from the Series 2008(A) Virginia Resource Authority and Series
2008(B) Virginia Public School Authority Bonds to various capital projects,
and amending and reordaining certain sections of the 2008-2009 Parking,
Capital Projects and School Capital Projects Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December.15, 2008, and is
in full force and effect upon its passage.
Sincerely,
~m.~~
Stephanie M. Moon, CMe
City Clerk
SMM:aj
Attachment
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
Ann H. Shawver
December 16, 2008
Page 2
pc: Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Curtis D. Baker, Deputy Superintendent of Schools, Roanoke City
Public Schools, P. O. Box 13145, Roanoke, Virginia 24031
Cindy Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
,,~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38314-121508.
AN.ORDINANCE to appropriate funding from the Series 2008A Virginia Resource
Authority and Series 2008B Virginia Public School Authority Bonds to various capital
projects, amending and reordaining certain sections of the 2008-2009 Parking, Capital
Projects and School Capital Projects Funds Appropriations and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 Parking, Capital Projects and School Capital Projects Funds
Appropriations be, and the same are hereby, amended and reordained to read and provide
as follows:
ParkinQ Fund
Appropriations
Public Parkin~ Facilities
Capital Proiects Fund
Appropriations
Police Academy Building
Fire/EMS Station #5 - Melrose
Bandy Avenue/Garnand Branch
Bridge Renovation
Berley Road/Glade Creek Bridge
Renovation
Crestmoor Road/Barnhart Branch
Bridge Renovation
Rose Avenue/Garnand Bridge
Renovation
Riverside Centre Streetscape
Downtown and Village Streetscape
Renovated Branch Opening Day
Collection
Revenues
General Obligation Bond Proceeds-
Par
General Obligation Bond Proceeds-
Premium
07-540-8262-9286 $ 5,000,000
08-530-9540-9976 2,500,000
08-530-9727 -9305 1,000,000
08-530-9727 -9306 489,000
08-530-9727 -9307 456,000
08-530-9727 -9308 254,000
08-530-9727 -9309 501,000
08-530-9727 -9315 500,000
08-530-9727 -9316 650,000
08-650-9724-9311 650,000
08-110-1234-1042 6,910,000
08-110-1234-1046 90,000
School Capital Proiects Fund
Appropriations
Schools Roof Projects
Schools
Revenues
Literary Loan William Fleming High
School
General Obligation Bond Proceeds-
Par
General Obligation Bond Proceeds-
Premium
31-060-9708-9102
31-060-9708-9182
2,500,000
8,350,000
31-065-6070-1459
( 7,500,000 )
16,930,705
1,419,295
31-110-1234-1142
31-110-1234-1149
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~-- n - -- v..._ GY\~",
A~\Tl. ~~
City Clerk.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Allocation of Bond Proceeds from Sale of General Obligation Public
Improvement Bonds Series 2008A to the Virginia Resources Authority
(VRA) and Virginia Public School Authority (VPSA) School Financing
Bonds Series 2008B
Background:
The City of Roanoke has recently issued bonds of approximately $30 million to
fund projects included in our Capital Improvement Program (ClP). Based on the
expected timing of cash flow on projects, an additional $6 million will be issued
in the Spring. The debt issued/planned to be issued is consistent with that
outlined for FY09 in our ClP which totals $36.2 mil!ion. We coordinate issuance
of bonds as needed based on cash flow requirements of the underlying projects
coupled with our knowledge of the ebb and flow of the City's operating cash.
The City sold bonds to the Virginia Resources Authority (VRA) to provide
funding of $12 million for these City projects: fire/EMS improvements, police
academy, libraries, streetscape projects, bridge renovations and the Market
Garage. The City obtained an average interest rate of 4.89% on these bonds.
-- ~. ...
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
The City sold bonds to the Virginia Public Schools Authority (VPSA) to provide
funding of $18.35 million for the final portion of the William Fleming High
School Project and for replacement of school roofs. $10,850,000 of these
bonds were financed through the VPSA Pool Loan Program at an interest rate of
4.75%. The remaining bonds were financed via a VPSA Subsidized Loan Program
which was used in lieu of the Literary Loan program. Considering the .
approximately $1 million in cash received by the City as part of the subsidy
program, the effective borrowing rate for this portion of the sale was 3%.
In anticipation of the sale of bonds, funding was previously appropriated to the
following projects. The amounts being funded by the current bond issuance
are shown below:
Parking Fund
Market Garage Renovation
$5,000,000
Capital Proiects Fund
Bridge Renovation
Fire-EMS Facility Improvement
Library Master Plan
Police Academy
Streetscape Projects
1,700,000
1,000,000
650,000
2,500,000
1,1 50,000
Total Capital Projects Fund
7,000',000
School Capital Proiects Fund
School Roofs Repair
William Fleming High School (subsidized)
William Fleming High School (non-subsidized)
2,500,000
7,500,000 .
8,350,000
Total School Capital Projects Fund
Grand Total
18,350,000
$30,350,000
Considerations:
Now that the sales have concluded, budgetary adjustments may now be
recorded to reflect the receipt of proceeds from the bonds.
A revenue estimate for the William Fleming High School subsidized portion of
$7.5 million was previously adopted under the assumption that a Literary Fund
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
loan would be received. This will be adjusted to reflect the use of VPSA subsidy
bonds as previously described. It should be noted that budgetary adjustments
will be made as necessary to reflect the required funding in accordance with
our C1P. Additional funding received in the form of bond issuance premium has
been received but will not be allocated to specific projects.
Recommended Action:
Adopt the accompanying budget ordinance to reflect the sale of bonds Series
2008A to the Virginia Resources Authority (VRA) and Series 2008B to the
Virginia Public School Authority (VPSA).
Sincerely,
~~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis D. Baker, Deputy Superintendent of Schools
CITY OF ROANOKE
DEPARTMENT-OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita j. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: October Financial Report
The revised revenue estimate for FY09 totals $260.3 million, representing a 3.1 %
increase over the adopted budget for FY08. Additional sources of revenue include
projected increases in Real Estate and Personal Property taxes, as well as projected
growth in Telecommunications, Consumer Utility, Cigarette, and Prepared Food and
Beverage taxes. These expected increases are partially offset by anticipated declines in
other areas due to current economic conditions as well as State budget cuts. Revenues
with projected decreases over the prior fiscal year include Sales tax, Business License,
Housing of Federal Prisoners, and various State revenues.
Revenues
Revenues through October increased 1.6% compared to the prior fiscal year. Most
local taxes are continuing to perform quite well, despite economic strains and
expectations of future declines. A few are exhibiting sluggish growth, and the
following passag.es will address both positive and negative trends. There are
difficulties in predicting the ultimate FY09 performance of our local tax category at this
Honorable Mayor and Members of Council
December 15, 2008
Page 2
point in the fiscal year. Some of our major taxes, business license, the second
installment of real estate, and personal property, are due in the second half of the
fjscal year. In addition, based on information received from the Commonwealth, the
City expects additional reduced funding from the State in the amount of approximately
$340,000 in FY09 beyond the approximately $1.1 million already incorporated into our
budget. Detailed comments on budgetary variances for our major revenues are
addressed as follows:
General Property Taxes increased 3.8% in total as a result of growth in real estate
assessments. The first installment of the real estate tax was due October 5. This tax
is expected to grow by approximately 4.9% as a whole in FY09, and actual growth has
followed this trend for the first four months of the fiscal year. Partially offsetting the
. increase in this category is a decline in personal property tax revenue compared to last
year due to lower monthly memo billings and higher refunds. As previously
mentioned, the due date for the majority of FY09 personal property taxes is not until
the second half of the fiscal year.
Other Local Taxes decreased 1.1 % in the current fiscal year. In this category, sales tax
has grown 4.3% over the past year due to increases in sales from electrical and
building/asphalt businesses as well as new stores that opened within the City such as
Home Depot, Chick-fil-A, and Panera Bread. Transient occupancy increased 3.5% and
prepared food and beverage increased 1.1 % over the same period compared to FY08.
Business license and motor vehicle license also increased. Telecommunications tax
decreased due to lower distributions State wide in October. Consumer utility taxes,
most notably electric services, decreased as a result of a change in weather conditions
compared to the same time period last year. The weather thus far this fiscal year
resulted in a decrease in consumption and the corresponding tax revenue. Cigarette,
recordation, and admission taxes have decreased as well.
Permits. Fees and Licenses decreased 20.8% from FY08 due to a decline in building
inspection permit fees, most notably due to the William Flemming High School project
which was permitted last year.
Fines and Forfeitures decreased 13.3% from the prior year primarily due to a decline in
Parking Ticket revenue. Tickets for "Failure to Display a Valid Decal" are no longer
Honorable Mayor and Members of Council
December 15, 2008
Pag e 3
issued as a result of the City eliminating vehicle decals. A reduction in Collection Fees
and Miscellaneous Fines and Forfeitures also contributed to the variance.
Revenue from the Use of Money and Property increased 13.8% from FY08 as the result
of a prior year timing difference, due to contract negotiations, in the collection of
rental payments from the Health Department. This timing difference will be rectified in
November. While the Commonwealth continues to be in arrears for rent at the
.)
Commonwealth Building in FY09, we currently have a lease in place.' Therefore
monthly billings are generating revenues for FY09, and the City continues collection
efforts on delinquent balances.
Grants in Aid Commonwealth increased slightly over FY08. Although the net increase
is less than 1 %, there are a few increases and decreases in significant revenue sources
worth noting. Street maintenance revenues grew 3.4 % or $92.6 thousand due to the
increased quarterly receipts from the Virginia Department of Transportation. Social
services revenues for daycare increased 16.7% or $133.4 thousand while revenues for
foster care decreased 5.5% or $101.8 thousand. Both of these social services revenues
are reimbursed based on expenditures and are driven by changes in caseload. Also
contributing to the net variance is a budgeted 5% decrease in Law Enforcement HB599
funding.
Internal Services grew 28.4% compared to the prior year due in part to a new revenue
source in FY09, school playground services. The School Board contracted with the City
to provide playground maintenance and inspection services to all of its playgrounds.
The budgeted revenue has been received in full for FY09 and will be offset by ongoing
expenditures in a newly created unit within the Parks, Recreation, and Culture
category. An increase in billing of the School's share of the Comprehensive Services
Act (CSA) expenditures as a result of higher educational related CSA expenditures
incurred by the City is also contributing to the variance. In addition, building
maintenance charges grew primarily due to maintenance of the City Market Building.
Expenditures
The FY09 expenditure budget totals $261.6 million and includes funding of
approximately $1.3 million to cover contracts and purchase orders made during FY08
but not paid by the end of that year.
Honorable Mayor and Members of Council
December 15, 2008
Pag e 4
The General Fund expenditures and encumbrances through October were $98 million.
Compared to the prior year, these expenditures in total represent a slight increase of
0.8% or $783,757. Decreased spending due to the timing of certain Nondepartmental
Transfers was offset by increased spending for Street Paving. Both increases and
decreases are discussed in the following sections in detail. In FY09, the average
employee pay raise was 2%, which caused a slight increase in many categories of
expenditures. The variances detailed in this report are in addition to this rise in
personnel cost.
\ Public Works ~xpenditures increased 17.9% or $1.8 million. Almost all of this increase
can be attributed to a larger amount of paving program contracts in FY09 compared to
the same time in FY08. While the paving program itself increased only slightly, there
was a large swing in timing of activity between the two fiscal years. This related to the
timing of when the City was able to award and amend contracts for the summer 2008
paving season.
Nondepartmental expenditures decreased 62.7% or $1.4 million. There were
significant variances in transfers to Capital Projects Fund, Grant Fund, and Risk
Management Fund. There has been a significant decrease in transfers to Capital
Projects Fund as a result of the City's commitment to build its fund balance levels.
While appropriations of $717,325 in undesignated fund balance had been made by this
time last year, none have been appropriated in FY09. In the prior year, a $250,000
transfer was made to the Risk Management Fund during the first quarter,. but the
transfer will be made in January for FY09. In addition, these transfers fluctuate from
year to year based onthe. needs of each fund and availability of fund balance.
Sincerely,
x~('o
IV:!L) ~'v~
Ann H. Shawver
Director of Finance
Attachments
Honorable Mayor and Members of Council
December 15, 2008
Page 5
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
James Grigsby, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis D. Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
City of Roanoke
Financial Report to City Council
Four Months Ended October 31, 2008
Prepared by the Department of Finance
Presented December 15,2008
General Fund ................................................................................................. 1
Civic Facilities Fund ............... ..... ..............................:.............. ..... .................. 2
Parki ng Fu nd.......................... ~....................................................................... 3
Market Build ing Fu nd ....................................................,................................ 4
Treasurer's Statement of Accou ntabi Iity ......................................................... 5
Pension Plan - Statement of Changes in Net Assets ........................................ 6
Pension Plan - Statement of Plan Net Assets................................................... 7
'it
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE (UNAUDITED)
Year to Date for the Period Current Fiscal Year
Percent of
Revised Revenue
July 1 - October 31 July 1 - October 31 Percentage Revenue Estimate
Revenue Source 2007-2008 2008-2009 of Change Estimates Received
General Property Taxes $ 37,179.737 $ 38.575.822 3.8 % $ 101.584.000 38.0%
Other Local Taxes 13.125.151 12.982.618 -1.1 % 74.724.000 17.4%
Permits. Fees and Licenses 549.898 435.627 -20.8 % 1.266.000 34.4%
Fines and Forfeitures 556.133 481.923 -13.3 % 1.535.000 31.4%
Revenue from Use of
Money and Property 321.948 366.326 13.8 % 784.000 46.7%
Grants-in-Aid Commonwealth 13.870.072 13.880.891 0.1 % 68.924.438 20.1%
Grants-in-Aid Federal Government 0_0 % 38.000 0.0%
Charges for Services 2.814.022 2.641.194 -6_1 % 8.111.000 32_6%
Internal Services 611.480 785,184 28.4 % 2.779,43(i 28_2%
Miscellaneous Revenue 227.857 226.935 -0:4 % 522.000 43.5%
Total $ 69,256,298 $ 70,376,520 1.6 "10 $ 260,267,873 27.0"10
STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED)
Year to Date for the Period
Current Fiscal Year
Percent of
July 1 - October 31 July 1 - October 31 Percentage Unencumbered Revised BUdget
Expenditures 2007-2008 2008-2009 of Change Balance Appropriations Obligated
General Government $ 4.546.183 $ 4.569.402 0.5 % $ 8.953.553 $ 13.522.955 33.8%
Judicial Administration 2.657.287 2.793.228 5.1 % 5.572.823 8.366.051 33.4%
Public Safety 23,319.824 23.464.330 0_6 % 38.354.832 61.819,162 38_0%
Public Works 9.905,494 11.682.607 17.9 % 15.608.536 27,291.143 42.8%
Health and Welfare 12.669.481 12.795.314 1.0 % 26.898.592 39,693.906 32.2%
Parks. Recreation and Culture 4,569.388 4,609.576 0_9 % 6.812.287 11.421.863 40_4%
Community Development 2.734.378 2.637.997 -3.5 % 3.455.788 6.093.785 43.3%
Transfer to Debt Service Fund 13.350.247 13.524.825 1.3 % 7.626.054 21.150.879 63.9%
Transfer to School Fund 21,291.913 21,115.820 -0.8 % 42.231.641 63.347,461 33.3%
,
Nondepartmental 2.175,989 810.842 -62.7 % 8,068.823 8.879.665 9.1%
Total $ 97,220,184 $ 98,003,941 0.8 % $ 163,582,929 $ 261,586,870 37.5"10
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2008
(UNAUDITED)
FY 2009 FY 2008
Operatin~ Revenues
Rentals $ 221,010 $ 210,010
Event Expenses 54,885 54',528
Display Advertising 18,668 20,835
Admissions Tax 53,319 50,181
Electrical Fees 11 ,179 10,740
Novelty Fees 11,359 5,847
Facility Surcharge 35,612 27,570
Charge Card Fees 16,151 9,853
Commissions 9,519 884
Catering/Concessions 9,275 190
Other 860
Total Operating Revenues 441,837 390,638
Operatin~ Expenses
Personal Services 546,403 633,255
Operating Expenses 377,329 347,399
Depreciation 290,468 293,302
Total Operating Expenses 1,214,200 1,273,956.
Operating Loss (772,363) (883,318)
Nonoperatin~ Revenues/(Expenses)
Other 14,849 480
Investment Income 6,723 7,320
Interest Expense (1) (211,704) (216,108)
Net Nonoperating Expenses (190,132) (208,308)
Loss Before Transfers and Contributions (962,495) (1,091,626)
Transfers and Contributions
Transfers Out (50,559) (46,309)
Net Transfers and Contributions (50,559) (46,309)
Change in Net Assets $ (1,013,054 ) $ (1,137,935)
(1 ) FY2008 was restated to reflect a correcting entry made later in the year.
2
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31,2008
(UNAUDITED)
FY 2009
FY 2008
Operatina Revenues
Charges for Services
$
77,980
$
90,432
Total Operating Revenues
77,980
90,432
Operatina Expenses
Other Services and Charges
Depreciation
229,703
31,948
261,651
65,728
31,691
97,419
Total Operating Expenses
Operating Loss (183,671 ) (6,987)
Nonoperatina Revenues
Investment Income 2,793 10,993 .
Miscellaneous 19
Net Nonoperating Revenues 2,793. 11,012
Income/(Loss) Before Transfers & Contributions (180,878) 4,025
Transfers and Contributions
Transfers In 570
Net Transfers 'and Contributions 570
Change in Net Assets $ . (180,878) $ 4,595
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED OCTOBER 31, 2008
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED OCTOBER 31, 2008.
BALANCE AT
SEP 30, 2008
CONSOLIDATED FUNDS $102,629,410.70
RECEIPTS
$31,829,651.79
BALANCE AT
DISBURSEMENTS OCT 31, 2008
$41,688,243.95 $92,770,818.54
BALANCE AT
OCT 31, 2007
$88,264,857.53
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING OCTOBER 31,2008. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
WACHOVIA OVERNIGHT SWEEP ACCOUNT
LOCAL GOVERNMENT INVESTMENT POOL
SUNTRUST INSTITUTIONAL MONEY MARKET
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$12,134.35
217,014.43
38,000.00
28,264,027.62
14,816,731.13
16,000,000.00
8,922,935.61
24,499,975.40
$92,770,818.54
NOVEMBER 18, 2008
~~no~>ifd
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2008
(UNAUDITED)
FY 2009 FY 200S
Additions/lReductions ):
Employer Contributions $ 4,043,504 $ 3,356,267
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments (74,937,635) 14,930,273
Interest and Dividend Income 2,699,693 1,734,939
Total Investment Income (Loss) (72,237,942) 16,665,212
Less Investment Expense 83,864 15,425
Net Investment Income (Loss) (72,321,806) 16,649,78T
Total Additions/(Reductions) $ (6S,27S,302) $ 20,006,054
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 8,663,169 $ 8,224,966
, 8,108 9,646
8,671,277 8,234,612
(76,949,579) 11,771,442
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance October 31
344,383,415
$ 267,433,S36
378,571,495
$ 390,342,937
Note: Increase in employer contributions due to change in method utilized for the accrual
of retirement contributions at the end of the prior fiscal year. Required contribution rate
deceased by approximately 2%.
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
OCTOBER 31,2008
(UNAUDITED)
FY 2009 FY 2008
Assets
Cash $ 1,133,166 $ 451,577
Investments, at Fair Value 268,470,523 391,945,680
Due from Other Funds 1,048 2,189
Total Assets $ 269,604,737 $ 392,399,446
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,170,422
479
$ 2,056,245
264
2,170,901
2,056,509
Total Liabilities
$ 267,433,836
$ 390,342,937
Net Assets Held in Trust For Pension Benefits
7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. 1YREE
AssistantDeputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38315-121508 appropriating
funding from the Commonwealth government and donations, and
amending and reordaining certain sections of the 2008-2009 School Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008, and is
in full force and effect upon its passage. .
Sincerely,
~~m.~~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attach ment
L:\CLERK\DATA\CKEWl \AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
. correspondence. doC;
Ann H. Shawver
December 16, 2008
Page 2
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O.Box 1~145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
\0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38315-121508.
AN ORDINANCE to appropriate funding from the Commonwealth government
and donations, amending and reordaining certain sections of the 2008-2009 School
Fund Appropriations, and dispensing with th~ second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Instructional Materials
Equipment
Educational Coordinator
Retiree Health Credit
Social Security
Retirement
State Group Life
Indirect Costs
Mileage
Instructional Supplies
. Principal
Educational Coordinators
Retiree Health Credit
Social Security
Retirement
Health Insurance
State Group Life
Internet Service
Mileage
Indirect Costs
Inservices
Instructional Supplies
Other Costs
Textbooks
Equipment
... Rev~nues
Donation
State Grant Receipts
State Grant Receipts
302-180-1307 -1170-760C-611 00-46630-3-04
302-180-1307-1170-760C-61100-48821-3-04
302-120-0000-1 000-305C-611 00-41138-9-09
302-120-0000-1 000-305C-611 00-42200-9-09
302-120-0000-1 000-305C-611 00-42201-9-09
302-120-0000-1 000-305C-611 00-42202-9~09
302-120-0000-1 000-305C-611 00-42205-9-09
302-120-0000-1 000-305C-611 00-45586-9-09
302-120-0000-1 000-305C-611 00-45551-9-09
302-120-0000-1 000-305C-611 00-46614-9-09
302-110-0000-1 070-316C-6141 0-41126-3-09
302-110-0000-1 070-316C-611 00-41138-3-09
302-110-0000-1 070-316C-611 00-42200-3-09
302-110-0000-1 070-316C-611 00-42201-3-09
302-110-0000-1 070-316C-611 00-42202-3-09
302-110-0000-1 070-316C-611 00-42204-3-09
302-110-0000-1 070-316C-611 00-42205-3-09 .
302-110-0000-1 070-316C-611 00-45523-3-09
302-11 0-0000-1070-316C-611 00-45551-3-09
302-110-0000-1 070-316C-611 00-45586-3-09
302-110-0000-1 070-316C-611 00-45587-3-09
302-110-0000-1 070-316C-611 00-46614-3-09
302-110-0000-1 070-316C-611 00-46615-3-09
302-110-0000-1 070-316C-611 00-46620-3-09
302-110-0000-1 070-316C-611 00-48821-3-09
$ 8,930
21,000
20,951
629
1,603
8,042
476
1,048
1,000
(1,000)
4,667
13,528
(115)
1,584
(3,284)"
9,981
(388)
5,000
500
910
900
(1,000)
(5,000)
5,000
(3,000)
302-000-0000-0000-760C-00000-33808-0-00
302-000-0000-0000-305C-00000-32220-0-00
302-000-0000-0000-316C-00000-32220-0-00
29,930
32,749
29,283
/
Pursuant to the provisions of Sectio~ 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~~'m.~~
City Clerk.
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853-2951
December 15/ 2008
The Honorable David Bowers, Mayor
and Members of Roanqke City Council
Roanoke/VA 24011
Dear Members of Council:
As the result of official School Board action at its December 9 meeting,
the Board respectfully requests the appropriation of the following funds:
. $29/930.00 for the Toshiba America Foundation program. The
Roanoke Valley Governor's School will implement the Molecular
Messages: Eavesdropping on a Silent World project. The project will
allow students to conduct volatile chemical communication
investigations and other activities related to the project. This new
program is one hundred percent funded by a private donation.
. $32/749.00 for the Care Connection Clinic to provide funds for the
salary and expenses of the educational coordinator. This continuing
program is one hundred percent reimbursed by State funds.
. $29/283.00 for the Juvenile Detention Home program to provide funds
for the salary and expenses of the educational coordinators. This
continuing program is one hundred percent reimbursed by State funds.
The School Board thanks you for your approval of the appropriation
requests.
Sincerely /
Ci~~
re
cc: Mr. David B: Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Margaret A. Lindsey
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Mrs. Yen Ha (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: School Board Appropriation Request
As the result of official School Board action at its December 9 meeting, the
Board respectfully requests that City Council appropriate the following funds:
· $29,930 for the Toshiba America Foundation program. The Roanoke
Valley Governor's School will implement the Molecular Messages:
Eavesdropping on a Silent World project. The project will allow students
to conduct volatile chemical communication investigations and other
activities. related to the project. This new program is one hundred
percent funded by a private donation.
· $32,749 for the Care Connection Clinic to provide funds for the salary
and expenses of the educational coordinator. This continuing program is
one hundred percent reimbursed by State funds.
't._ I ,,' ~ - i: . i .
Honorable Mayor and Members of Council
December 15, 2008
Page 2
. $29,283 for the juvenile Detention Home program to provide funds for
the salary and expenses of the educational coordinators. This continuing
program is one hundred percent reimbursed by State funds to a reduced
drug use and violence as it assists students to meet.or exceed local and
state standards in core academic subjects. This new program will be
reimbursed one hundred percent by federal funds.
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to appropriate funding as outlined.
Sincerely,
~~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis D. Baker, Deputy Superintendent of Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax; (540) 853-1145
E-mail: clerk@roanokeva_gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38316-121508 changing the date of
the regular meeting of City Council scheduled to be held at 2:00 p.m. and
7:00 p.m., on Tuesday, January 20, 2009, to 2:00 p.m. and 7:00 p.m., on
Thursday, January 22, 2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008.
Sincerely,
~a..:....- '(n. ""'t~
Stephanie M. Moon, CMC
City Clerk
SMM:aj
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
Troy A. Harmon, Municipal Auditor
R. Brian Townsend, Assistant City Manager for Community
Development
James Grigsby, Assistant City Manager for Operations
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 152008
correspondence. doc
if:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38316-121508.
A RESOLUTION changing the date of the regular meeting of City Council scheduled to be
held at 2:00 p.m. and 7:00 p.m., on Tuesday, January 20, 2009, to 2:00 p.m. and 7:00 p.m., on
Thursday, January 22, 2009.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at 2:00 p.m. and 7:00
p.m., on Tuesday, January 20,2009, is hereby rescheduled to commence at 2:00 p.m. and 7:00 p.m.,.
on Thursday, January 22, 2009.
2. The City Clerk is directed to cause a copy ofthis resolution to be posted adjacent to
the doors ofthe Council Chambers and inserted in a newspaper having general circulation in the City
at least seven days prior to January 20,2009.
ATTEST:
rn.~
City Clerk.
K:\Measures\meeting date or time change january 20 to january 22.doc
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -: - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
11243886
IN THE COUNCIL
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:
IN. THE COUNCIL OF
THE CITY OF .
ROANOKE, VIRGINIA, !
The 15th day of'
December, 2008.
No. 38316-121508.
A RESOLUTION changing'
the date of the regular
meeting of City Council
scheduled to be held at 2:00 !
p.m. and 7:00 p.m., on,
Tuesday, January 20, 2009,
to 2:00 p.m. and 7:00 p.m.,
~go~~ursday, January 22,
BE IT. RESOLV.ED by the'
CouncIl of the City of
Roanoke that: .
1.The meeting of City
Council regularly scheduled
to be held at 2:00 p.m. and
7:00 p.m., on Tuesday,
January 20, 2009, is hereby
rescheduled to commence at
2:00 p.m. and 7:00 p.m., on
Thursday, January 22, 2009.
2.The City Clerk is directed
to cause a copy of this
resolution to be posted.
adjacent to the doors of the
Council Chambers and
inserted in a newspaper
having general circulation in
the City at least seven days'
I prior. to January 20, 2009.
ATTEST:
City Clerk.
(i1243B86)
City/County of Roanoke, Commonwealth/State of
v~'r i ia. Sworn and subscribed before me this
_ __day of Jan 2009. Witness my hand and
of icial seal.
_~~_~~ . _ Notary Public
MfcommLJsi;qre p res -~~lr~()Ll--'
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PUBLISHED ON: 01/12
TOTAL COST:
FILED ON:
137.28
01/12/09
- - - - - - - - - - - - - - - - - - - - - - - - - - -: - - - - - - - - - - - -.- - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
~~~~~~~~:~_t~________
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
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
January 5, 2009
Mr. Robert B. Manetta
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
On December 27, 1982, the Roanoke City Code was amended to provide that
after completion of three consecutive complete terms of office, no member of a
permanent board, authority, commission or committee shall be eligible for
reappointment to the same office for the next succeeding term.
On December 31, 2008, you completed your third consecutive term of office as
a member of the City Planning Commission.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the City Planning
Commission from December 16, 1996 until December 31, 2008. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~QO)'~b~
Stephanie M. Moon, CMC )
City Clerk
SMM:ew
Enclosu re
pc: Martha P. Franklin, Secretary, City Planning Commission
Joyce S. Johnson, Administrative Assistant IV
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38303-121508.
A RESOLUTION proclaiming Estelle McCadden as Roanoke's Citizen ofthe Year for 2008.
WHEREAS, Ms. McCadden, a native of Rocky Mount, Virginia, graduated from Lucy Addison
High School, received a B.S. in Home Economics and Science from Morgan State University, and did
additional studies at the University of Virginia, Virginia Tech, and Radford University;
WHEREAS, Ms. McCadden was employed by Roanoke City Public Schools for 29 years, where
she taught Home Economics and Culinary Arts, and continues to have an impact on the lives of students
through her participation in the Parent Teacher Associations of Hurt Park Elementary, Breckinridge
Middle School, William Fleming High School, and the Roanoke Academy for Mathematics and
Science;
WHEREAS, Ms. McCadden is an activist and advocate in the faith-based community, having
served as Youth Department Director of Jerusalem Baptist Church for 25 years, as Program Chair for
her church's Senior Missionary Society, and as director of the W. N. Hunter Gospel Choir, which she
founded 38 years ago;
WHEREAS, Ms. McCadden, who co-founded the Melrose-Rugby Neighborhood Forum in the
early 1990s and currently serves as its president, has been a tireless advocate and activist on behalf of
the City's neighborhoods;
WHEREAS, in 2000 Ms. McCadden created the annual Virginia Statewide Neighborhood
Conference, which allows citizens from across the ConnnonweaIth to come together and share ideas that
can help their connnunities, and continues to serve as Chair of the Conference's Planning Committee;
WHEREAS, Ms. McCadden has served for 15 years on the Board of Directors of Neighborhoods
USA, a national organization dedicated to developing partnerships ~mong neighborhoods, local
government, and public/private agencies, and has been a workshop presenter at NUSA's annual
conference for the past 10 years;
WHEREAS, Ms. McCadden has contributed her time and talents to a number of community
efforts and events over the years, including organizing and co-chairing Roanoke's Presidents' Council, a
coalition of City neighborhood and watch group organizations; helping organize the annual City
neighborhoods' "Harvesting the Fruits" potluck dinner; volunteering as co-chair for the
Commonwealth's Ms. Virginia Senior Pageant; volunteering on the City's Special Events Committee
and Steering Committee; participating on the Roanoke Police Department's CARE Patrol Team in its
efforts to curb crime; and she was chosen Roanoke's Mother ofthe Year for Community Affairs in
1994, and the YWCA's recipient ofthe Women of Achievement Award for Volunteerism in 2007;
WHEREAS, at age 82, Ms. McCadden continues to demonstrate personally her commitment to
Roanoke's neighborhoods, its citizens, and the entire community, and is a role model for others to
follow.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Estelle
McCadden is Citizen of the Year for 2008 in the City of Roanoke, Virginia.
ATTEST:
City Clerk.
/
o//9leJolution
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38304-121508.
A RESOLUTION paying tribute to the 2008 William Fleming High School
varsity football team for winning the 2008 Western Valley District Championship, and
completing the season with a 9-2 overall record.
WHEREAS, the William Fleming football team outscored its opponents 266 to
108 during the regular season, averaging 26.6 points per game offensively while only
allowing 8.2 defensively;
WHEREAS, the William Fleming football team was 5-0 in district competition
outscoring its district opponents 105 to 51;
WHEREAS, the William Fleming football team placed ten players on the All
Western Valley Districtfirst team,five on defense andfive on offense;
WHEREAS, linebacker Tre' Jones, linebacker Jesse Jenkins, defensive back
Shaquan Manning, defensive tackle Carlton Crossgill, and defensive end Kevin Thomas were
first team defensive selections, quarterback Derek Brown, running back LaCalvin Hickman,
wide receiver Aaron Johnson, Jr., center Frankie Allison, and tackle Deonte Hall were first
team offensive selections; all were selected for their outstanding play;
WHEREAS, the William Fleming High School varsity football team placed two
players on the Northwest All-Region team: Tre' Jones and Shaquan Manning; and
WHEREAS, the outstanding young men of the William Fleming High School
varsity football team represented their school and community with the highest degree of
sportsmanship and pride, directly reflecting the fortitude and excellence that resonates
throughout the entire William Fleming High School family.
THEREFORE IT BE RESOLVED by the Council of the City of Roanoke that
Council adopts this resolution as a means of paying tribute to the 2008 William Fleming High
School varsity football team for its outstanding athleticism and accomplishments.
APPROVED
ATTEST:
~Mn;z~:1~
r;h, rlnvlr
David A. Bowers
Mayor
QQ~
STEPHANIE M. MOON, CMC
City Clerk
Lucas Lawson Thornton
H. L. Lawson & Son, Inc.
P. O. Box 13566
Roanoke, Virginia 24035
Dear Mr. Thornton:
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
I am enclosing copy of Ordinance No. 38317-121508 reflecting that the proffer being
accepted by the adoption of Ordinance No. 38203-081808, adopted August 18, 2008, is
repealed and adopted in its place is a new proffer that the properties will be built in
substantial conformity to a plan entitled "Lawson Building LLC" and dated October 1,
2008, as provided in the Amendment of Proffered Conditions - Amended Application
No.1 dated October 21, 2008, so that the subject properties are zoned D, Downtown
District, with such proffer.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 2008, and is in full force and effect
upon its passage.
SMM:ew
Enclosure
Sincerely,
~/Y)'mev
Stephanie M. Moon, CMC
City Clerk
Lucas Lawson Thornton
December 16, 2008
Page 2
pc: Sean Home, Balzer & Associates, Inc., 1208 Corporate Circle, S. W., Roanoke,
Virginia 24018
Mr. Edward E. Herington, 140 Palm Circle, Atlantis, Florida 33462
Square 1 Inc, 605 Campbell Avenue, S. E., Roanoke, Virginia 24013
Ms. Nancy Crigger, 1662 Sigmon Road, N. W., Roanoke, Virginia 24017
Mr. and Mrs. Robert Cole, P. O. Box 1325, Walkertown, North Carolina 27051
Ms. Patricia G. Pastel, 621 Church Avenue, S. E., Roanoke, Virginia 24013
Ms. Della A. Economy, 4525 Shenandoah Avenue, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Richard Dearing and Mr. and Mrs. Clifford Derey, P. O. Box 8224,
Roanoke, Virginia 24014
Mr. Juan Jiminez, 9534 Orchard Drive, Bent Mountain, Virginia 24059
Ms. Linda T. Carr, 4053 Blandfield, Vinton, Virginia 24179
Norfolk Southern Railway Co., Attention: Bill Title, 110 Franklin Road, S. E.,
Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission.
Nancy C. Snodgrass, Zoning Administrator
L](.. i ni
\\~\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38317-121508.
AN ORDINANCE to amend ~36.2-100,Code of the City of Roanoke _ (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, by repealing a condition presently binding upon certain properties conditionally zoned
D, Downtown District, and adopting a new proffyr pertaining to such properties; aIrd dispensing
with the second reading by title of this ordinance.
WHEREAS, Lawson Building, LLC has made application to the Council of the City of
Roanoke, Virginia ("City Council"), to repeal a certain condition presently binding upon
properties located on Campbell and Church Avenues, S.E., being designated as Official Tax Nos.
4011116 and 4011136 through 4011141, inclusive, which properties are zoned D, Downtown
District, with a proffer, such proffer being accepted by the adoption of Ordinance No. 38203-
081808, adopted August 18,2008, and to adopt in its place a new proffer that the properties will
be built in substantial conformity to a plan entitled "Lawson Building LLC" and dated October 1,
2008;
WHEREAS, the City Plarming Commission, after giving proper notice to all concemed
as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on December 15,2008, after due and timely notice thereof as required by ~36.2-540, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed amendment; and
O-Lawson Building LLC-repeal proffers_doc
1
WHEREAS, this Council, after considering the . aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
convenience, general welfare and good zoning practice, require the amendment of the proffer
applicable to the subject properties, and is of the opinion that the condition now binding upon
properties located on Campbell and Church Avenues, S.E., being designated as Official Tax Nos.
4011116 and 4011136 through 4011141, inclusive, should be amended as requested, and that
such propeliies be zoned D, Downtown District, with a proffer as set f01ih in the Amendment of
Proffered Conditions - Amended Application No.1 dated October 21,2008.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect that the proffer being accepted by the adoption of Ordinance No. 38203-
081808, adopted August 18, 2008, is repealed and adopted in its place is a new proffer that the
properties will be built in substantial conformity to a plan entitled "Lawson Building LLC" and
dated October 1, 2008, as provided in the Amendment of Proffered Conditions - Amended
Application No.1 dated October 21,2008, so that the subject propeliies are zoned D, Downtown
District, with such proffer.
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
, .
\ .
,./9J:'1DIW
City Clerk
O-Lawson Building LLC-repeal proffers.doc
2
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Dear Members of the Commission:
Subject:
Request from Lawson Building, LLC, to amend the proffered
condition on properties located on Campbell and Church
Avenues, S.E., bearing Official Tax Nos. 4011116 and
4011136 through 4011141, inclusive, to incorporate a new
development plan dated October 1, 2008. The new
development plan provides for commercial, live-work, or
residential uses, or any combination thereof, on the first floor
of the building, and removes the limitation on the number of
dwelling units on upper floors, which was limited to 20
dwelling units by the development plan dated June 5, 2008.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, November 20,2008.
By a vote of 7-0, the Commission approved the request, finding the application to
amend proffered conditions to be consistent with the Be/mont-Fallon
Neighborhood Plan and Vision 2001-2020. Allowing an expanded mix of uses
and increased residential density will provide the flexibility needed to ensure the
building's future success.
Respectfully submitted,
~~
Henry Scholz, Chairman
Roanoke City Planning Commission
Members of City Council
Page 2
December 15, 2008
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
Steven J. Talevi, Assistant City Attorney
Applicant
Application Information
Request: Amendment of Proffered Conditions (Ordinance No.
38203-081808)
Owner/Applicant: H.L. Lawson & Son Inc. (Lucas Lawson Thornton)
Representative: Sean Horne, Balzer & Associates Inc.
City Staff Person: Maribeth B. Mills
Site Address/Location: 631 Campbell Avenue
Official Tax Nos.: 4011116,40111141,40111136,40111137,40111138,
40111139, 40111140, and the undeveloped alley
adjoining the subject parcels.
Site Area: 0.96 Acres
Existing Zoning: D, Downtown with Proffered Conditions
Proposed Zoning: D, Downtown with Proffered Conditions
Existing Land Use: Vacant warehouse building and vacant parcels
Proposed Land Use: Mixed Use Building
Neighborhood Plan: Belmont-Fallon Neighborhood Plan
Specified Future Land Industrial
Use:
Filing Date: Original Application: October 1, 2008; Amended
Application NO.1: October 21, 2008
Background
The applicant is requesting to amend the proffered development plan to expand
the number of uses permitted on the ground floor and to eliminate the cap on
residential units on the floors above. Currently, the proffered development plan
dated June 5, 2008, limits use of the ground floor to retail sales and limits the
floors above to a maximum of 20 residential units. The proposed change would
adopt a new proffered development plan that would allow all commercial uses
permitted in the Downtown District on the first floor, along with live-work units and
solely residential units. Furthermore, the cap on residential units would be lifted
from the floors above to allow adjustments in unit size depending on market
demand (e.g. the inclusion of small, one-bedroom units would increase in total
number of units in the building). All other components of the plan would remain
unchanged, including off-street parking accommodations, retaining walls,
pedestrian access, and open space.
Members of City Council
Page 3
December 15, 2008
Conditions Proffered by the Applicant
The applicant requests that the following proffered condition be repealed as it
pertains to Official Tax Nos. 4011116, 40111141, 40111136, 40111137,
40111138,40111139,40111140 and the alley:
1. The proposed development of the subject property shall substantially
conform to the development plan entitled "Lawson Building LLC" dated
June 5, 2008, prepared by Balzer & Associates Inc. attached as Exhibit A.
The applicant requests that the following proffered condition be adopted as it
pertains to Official Tax Nos. 4011116, 40111141,40111136,40111137,
40111138,40111139,40111140 and the alley:
1. The proposed development of the subject property shall substantially
conform to the development plan entitled "Lawson Building LLC" dated
October 1, 2008, prepared by Balzer & Associates Inc. attached as Exhibit
A.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North 1-2, Heavy Industrial District Norfolk Southern Shops.
South MX, Mixed Use District Single-family residential
and vacant parcels
East 1-1, Liqht Industrial District Industrial.
West 1-1, Light Industrial District Vacant parcels.
Compliance with the Zoninq Ordinance:
The purpose of the Downtown District is 'to provide for a mix of high density
residential, commercial, retail, government services, entertainment and cultural
facilities, and live-work space.' The proposed changes to the development plan
will further this purpose by increasing the number of permitted residential units
and encompassing all 'Commercial Uses' permitted in the Downtown District.
The number of residential units and the type of commercial uses will be limited by
the existing building envelope which must be retained.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020 states that downtown is not confined to the Central Business
District, but extends into surrounding neighborhoods such as Belmont. The
subject properties are located approximately 200 feet from an existing Downtown
District without any conditions on density or use. Expanding the number of
Members of City Council
Page 4
December 15, 2008
dwelling units and permitted uses fulfills the purpose of Downtown as a place to
locate high-density residential, commercial, retail uses, and live-work space.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
. NH P4. Downtown neighborhood. Downtown will be developed as
Roanoke's premier urban village with a mix of high-density residential,
commercial, retail uses and live/work space.
. NH P5. Housing choice. The City will have a balanced, sustainable range of
housing choices in all price ranges and design options that encourage social
and economic diversity throughout the City.
. ED P3. Downtown. Downtown will continue to serve as the region's central
business district with opportunities for downtown living, office space, retail,
and cultural and entertainment attractions.
The following policies of the Be/mont-Fallon Neighborhood Plan are relevant in
the consideration of this application:
. Residential Development Policies
o Housing diversity: An appropriate balance of diverse housing types will
be encouraged in the Belmont-Fallon area. Residential uses will
include single and two-family dwellings, apartments, townhouses,
above first floor retail, and live-work spaces.
Outside Aqencv Comments:
None.
Public Comments:
None.
Planninq Commission Public Hearinq:
None.
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
Submittal Number: jAmended Application No.1
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
. Address: /631 CAMPBELL AVENUE
Official Tax No(s).: 4011116; 4011141 ; 4011136, 4011137, 4011138, 4011139, 4011140 & Alley
Existing Base Zoning: ID D t
(If multiple zones, please manually enter all districts.) ,own own
Ordinance No(s). for Existing Conditions (If applicable): /38203-081808
Requested Zoning: I D, Downtown I Proposed Land Use:
, [8J With Conditions
o Without Conditions
I RETAIL & RESIDENTIAL DWELLING UNITS
ATTN: LUCAS LAWSON THORNTON Phone Number: I
529-2191
ROANOKE, VIRGINIA 24035
E-Mail: ILUCAS.L.THORNTON@GMAIL.COM I
Property Owner's Signature:
Name:
I Phone Number: L
j E-Mail: I
I
I
Address:
Applicant's Signature:
Name:
A TTN: SEAN HORNE
Phone Number: [
772-9580
I
I
Address;
E-Mail: lShorne@balzer.cc
Authorized Agent's Signature:
Narrative for Lawson Building LLC
The purpose of this request is to amend existing proffers for Tax Parcels 4011116, 4011141,
4011136,4011137,4011138,4011139, and 4011140 to allow for the development of
commercial, live work, and/or residential condominium units within the existing H.L.
Lawson Building. In addition to these tax parcels, a portion of the existing alley being
known as Kirk Avenue is being amended for proffers as well. The subject property owned
by H.L. Lawson & Sons Incorporated totals approximately 0.8166 acres and currently
contains an existing building, parking area, and retaining wall onsite. The portion of the
alley being amended is undeveloped and contains 0.1375 acres. See attached exhibits for
legal descriptions and additional parcel information.
The request to amend proffers for the property is being made with the intent to provide
business, live/work, or residential space on the first floor of the building and the remaining
three floors and penthouse will contain condominium style residential units. The building
footprint will remain the same while exterior and interior improvements will be made within
the existing shell of the building. A conceptual rendering has been provided for the building
within the zoning amendment package. (Exhibit 'C')
The architectural styling of the existing building will be complimented with modern
amenities that will be incorporated into the historical structure of the building. The first Hoor
retail type businesses, live/work, or residential will reflect a traditional, historical style to the
building, while including glazing for the ground level commercial. Pedestrian sidewalks will
be located along Campbell A venue to connect this development to the surrounding
community. The additional residential living in the floors above will contain modern 'loft'
type units with the historical character of the building to remain on the exterior.
The proposed concept plan (Exhibit 'A') indicates the improvements being made with this
development. The lower parking area will have direct access from Campbell A venue and
pedestrian access to the upper parking area. The 7th street access will remain and a private
entrance drive is proposed within the vacated portion of Kirk Avenue right of way. This
private drive will access an upper parking area for the development. Extensive landscaping
will be provided within the site along with sidewalk improvements and streetscape plantings
along the frontage of Campbell Avenue. The conceptual rendering (Exhibit 'B') indicates the
proposed landscaping on-site.
The site is located within the neighborhood planning district of Belmont-Fallon. The
proposed Lawson Building project exemplifies some the qualities and attributes expressed
within the neighborhood plan. The proposed development accounts for numerous high
priority initiatives as defined in the neighborhood plan such as housing development and
revitalization with physical improvements of corridors and gateways. High qualities of
design are being implemented in the architectural character of the existing historical Lawson
building. (Exhibit'C') Additional attributes include attractive streetscapes, a mixed use
building, and limited parking impacts. These attributes contribute to many of the design
policies outlined within the neighborhood plan.
This project will be served by public water and sewer located in Campbell A venue and will
be developed in accordance with all applicable regulations including, but not limited to, the
Roanoke City Zoning Ordinance.
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VICINITY MAP
LAWSON BUILDING LLC
City of Roanoke, Virginia
DATE: 10-1-08
r. ^""N".'..4..~'hf1t<t.t'iJ
rlofltJiol"I',tr'.'U.\-o,';yn..
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REFLECTING TOMORROW
al Descri tion for B.L. Lawson & Sons. Inc to amend roffered conditions for tax ma numbers
4011116.4011141.4011136.4011137.4011138.4011139.401114O.andAlley
Beginning at a Point at the northwesterly intersection of the Right-of- Way line for ih Street, S.B. (platted
4 Street) and Church Avenue, S.E. (platted Woodland Avenue) being the southeasterly comer of Lot 37,
Section 1, Woodland Park (Deed Book 195, Page 3); thence along the northerly Right-of-Way line of
Church Avenue, S.E. S74002'00"W, 200.00 feet to a point being the southwesterly comer of Lot 41,
Section 1 of said Woodland Park; thence leaving the Right-of-Way line for Church Avenue, S.B. and
continuing along the westerly line of said Lot 41, NI5058'00"W, passing the Right-of-Way lines for Kirk
Avenue, S.E. (platted as a 30' alley) at 99.85 feet and 129.85 feet, and continuing along the westerly line
of Lot 29, Section 1 of said Woodland Park for a total of 209.85 feet to a point on the southerly Right-of-
Way line for Campbell Avenue, S.E. (platted Norfolk Avenue); thence continuing along the Right-of-Way
line of Campbell Avenue, S.E. N74002'00"W, 199.57 feet to a point at the northeasterly comer of Lot 36,
Section 1 of said Woodland Park and being the southwesterly intersection of the Right-of-Way line for
Campbell Avenue, S.B. and the Right-of-Way line for 7TH Street, S.B.; thence leaving the Right-of-Way
line of Campbell Avenue, S.E. and continuing along the westerly Right-of-Way line for 7th Street, S.E.
SI6005'00"W, passing the Right-of-Way lines for Kirk Avenue, S.B. at 80.00 feet and 110.00 feet, and
continuing along the easterly line of said Lot 37 for a total of209.85 feet to the POINT OF BEGINNING,
containing 0.96 acre more or less and being a portion of Kirk Avenue, S.E. and Lots 29 through 41,
Section 1, Woodland Park as recorded in the clerk's office of the circuit court of Roanoke City, Virginia
in Deed Book 195, Page 3.
PLANNERS · ARCHITECTS . ENGINEERS . SURVEYORS
ROANOKE - RICHMOND - NEW RIVER VALLEY . SHENANDOAH VALLEY
1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050
WW'vV.ba/zer.cc
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5i\LZEQ
,e.,ND ASSOCIATE:S INC
REFLECTING TOMORROW
Proffered Conditions to be Revealed for H.L. Lawson & Sons. Ine eontainine: tax
mav numbers 4011116. 4011141. 4011136. 4011137. 4011138. 4011139. 4011140. and
Allev
1. The proposed development of the subject property shall substantially conform
with the development plan entitled "Lawson Building LLC" dated June 5, 2008,
prepared by Balzer & Associates Inc. attached as Exhibit A.
(
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5l\LZEQ
AND ASSOCIATES INC
REFLECT!NG' TOMQRF~OW
Proffered Conditions to be Adopted for B.L. Lawson & Sons. Ine eontainin2: tax
map numbers 4011116. 4011141. 4011136. 4011137. 4011138. 4011139. 4011140. and
AlIev
1. The proposed development of the subject property shall substantially conform
with the development plan entitled "Lawson Building LLC" dated October 1,
2008, prepared by Balzer & Associates Inc. attached as Exhibit A.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38203-081808.
AN ORDINANCE to amend~36.2-100, Code of the City of Roanoke (1979), as amended,
and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended,
to rezone certain property within the City, and dispensing with the second reading of this
ordinance by title.
WHEREAS, Lawson Building, LLC, has made application to the Council of the City of
Roanoke, Virginia ("City Council"), to have the properties located on Campbell and Church
Avenues, S.E., bearing Official Tax Nos. 4011116 and 4011 136 through 4011141, inclusive, as
well as the vacated portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax
Nos. 4011141,4011116,4011136,4011137,4011138,401 I 139 and 4011140, rezoned from I-I,
:\
Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the
condition that the Property will be developed in substantial confonnity to the development plan
entitled "Lawson Building LLC" dated June 5, 2008;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required bY9 36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on August 18, 2008, after due and timely notice thereof as required _by 9 36.2-540, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed rezoning; and
O-Lawson BuiJding-rezone.doc
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WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
convenience, general welfare and good zoning practice, require the rezoning of the subject
property, and for those reasons, is of the opinion that the hereinafter described property should
be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect that properties located on Campbell and Church Avenues, S.E., bearing
Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, as well as the vacated
portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax Nos. 4011141,
4011116, 4011136, 4011137, 4011138, 4011139 and 4011140 are hereby rezoned from I-I,
Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the
condition that the Property will be developed in substantial conformity to the development plan
entitled "Lawson Building LLC" dated June 5, 2008, as set forth in the Zoning Amended
Application No. 1 dated June 20, 2008.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
th.~
City Clerk.
O-Lawson Building-rezone.doc
2
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REf"LECTING TOMORROW
Proffered Conditions for H.L. Lawson & Sons. Ine eontainine tax map numbers
4011116.4011141.4011136.4011137.4011138.4011139.4011140. and Allev
1. The proposed development of the subject property shall substantially conform
with the development plan entitled "Lawson Building LLC" dated June 5, 2008,
prepared by Balzer & Associates Inc. attached as Exhibit A.
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5ALZEQ
AND ASSOCIATES INC
F<:EFLECTt~.JG TOMORF.'OW
Adioinine: Property Owners of Tax Map # 4011116. 4011141.4011136.4011137.
4011138.4011139.4011140. and Allev:
4011135
Edward E Herington
Church Ave. S.E.
0.0915 AC.
Zoning: MX
Mailing Address: 140 Palm Circle
Atlantis, FL 33462
40 11115
SQUARE 1 Inc.
Campbell Ave. S.E.
0.0741 AC.
Zoning: II
Mailing Address: 605 Campbell Avenue
Roanoke, VA 24013
4011605
Nancy'E Crigger
613 Church Avenue S.E.
0.1029 AC.
Zoning: MX
4011606
Catherine S & Robert K Cole
Church Avenue S.E.
0.1101 AC.
Zoning: MX
Mailing Address: P.O. Box 1235
Wa1kertown, NC 27051
4011607
Patricia G Patsel
621 Church Avenue S.E.
0.1111 AC.
Zoning: MX
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4011608
Della Ann Economy
Church Avenue S.E.
0.1099 AC.
Zoning: MX
Mailing Address: 4525 Shenandoah Ave. NW
Roanoke, VA 24017
4011609
Richard A & Nancy G Dearing
Church Avenue S.E.
0.1099 AC.
Zoning: MX
Mailing Address: POBox 8224
Roanoke, VA 24014
4011610
J ames Nichols
Church Avenue S.E.
0.1 099 AC.
Zoning: MX
Mailing Address: 2410 Deleware Ave. NW
Roanoke, VA 24017
4011611
Dorsey.Martin Etzler Jr.
Church Avenue S.E.
0.1113 AC.
Zoning: MX
Mailing Address: 2400 Etzler Rd.
Troutville, VA 24175
4011204
Richard A & Nancy G Dearing
728 Church Avenue S.E.
0.8003 AC.
Zoning: I-I
4011201
Linda T Carr
701 Campbell Avenue S.E.
0.3218 AC.
Zoning: I-I
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
.-i
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
BALZER AND ASSOCIATE
1208 CORPORATE CIRCL
ATTN: SEAN HORNE
ROANOKE VA 24018
r:-
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NOnCE OF PUBLIC
. HEARING
The Council of the City 01
Roanoke will hold a public
hearing on Monday
I December 15, 2008, at 7:00
p.m., or as soon thereafter
i ~s the matter maybe heard:
. In the Council Chamber'
I fourth floor, in the Noel C:
, Taylor Municipal Building
215 Church Avenue, S.W.:
Roa.noke, Virginia, to
,consider. the following: I
Request from Lawson
BUilding,lLC, to repeal the
.proffered condit/on on'
properties located on.
Campbell and Church
Avenues, S.E., bearing:
Official Tax Nos. 4011116'
i and 4011136 through'
,4011141, inclusive, and to'
I~dop.t a new proffer to}
"ncorporate a newl
idevelopment plan dated I
, October 1, 2008. The new i
Idevelop,l11ent plan' provides!
.for commercial, live-work, Or.
,resident/al uses. orany,
I ~ombinatlon there~f, on the!
fl/st floor of the building, and:
removes the limitation on
I the number of dwelling units ,
Ion upper floors, which was
:.limlted to 20 dwelling units'
! by the development plan
dated June 5, 2008.
A copy ofthe application is
I' available for review in the
I OJfice of the City Clerk,
. Room 456; Noel C. Taylor
I Municipal Building, 215
Church Avenue, S.W.
Roanoke, Virginia. .' ,
All parties in interest and I
citizens may appear on the
above date and be heard on I
the matter. If you are a
person,with a disability who .
needs accommocjations for
this hearing, please contaCt
the City Clerk's Office, at
853-2541, ,before noon on
the Thursday before the date
of the hearln~ listed above: I
GIVEN under my hand this
25th day of November :
;1008., . "',
Stephanie M. Moon, CMC:
. City Clerk, ',-.
. I:
REFERENCE: 80033818
11198264
Notice of PH
Lawso
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~~__day of Dec 2008. Witness my hand and
official seal.
BC'l~(l .0 f". \ -" _ _ Notary Publij:::
My-~~~i~~p~~=__41L~~~jJ__.
PUBLISHED ON:
11/28 12/05
\\\\tllIIIII
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" -,0' '-"i Y, "
" ~- ....... A_......
'n...r .' '. '''7_ ......
~'~-.... NOTARy.... '-t,.-:.
= :' PUBLIC '., ~
: * : REG. #7090930 : * :
_ : MY COMMISSION: -
~ c> ". EXPIRE~ 'I:' ~,:
... ~ '. lQ'3.L::l t ~ ...
"'''... ~ ..... . '..... ~\:5,~
.:, '0IIA. ..... .'-\",'
1"1' YVEALT\-I \)\: ",
IlffIIIIHIII\\"
(11198264)
.~._--
TOTAL COST:
FILED ON:
424.32
12/05/08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized ~-- ~ ~
Signature:_:-;l~~~__L_tc
Billing Services Representative
0~~{
'\2,
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 15,
2008, 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 Lawson Building, LLC, to repeal the proffered condition on
properties located on Campbell and Church Avenues, S.E., bearing Official
Tax Nos. 4011116 and 4011136 through 4011141, inclusive, and to adopt a
new proffer to incorporate a new development plan dated October 1,2008.
The new development plan provides for commercial, live-work, or residential
uses, or any combination thereof, on the first floor of the building, and
removes the limitation on the number of dwelling units on upper floors,
which was limited to 20 dwelling units by the development plan dated June 5,
2008. I
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this25thday of November ,2008.
Stephanie M. Moon, CMC
City Clerk.
._~'1_ ..
Lawson Building-amend protfers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, November 28,2008, and Friday, December 5,
2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Balzer & Associates Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
(540) 772~9580
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
November 26, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Mr. Edward E. Herington
Square 1 Inc
Ms. Nancy Crigger
Mr. and Mrs. Robert Cole
Ms. Patricia G. Pastel
Norfolk Southern Railway Co.
Della A. Economy
Mr. and Mrs. Richard Dearing
Mr. and Mrs. Clifford Derey
Mr. Juan Jiminez
Ms. LindaT. Carr
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, December 15,2008, 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
Bu ilding, 21 5 Chu rch Avenue, S. W., City of Roanoke, request from on the request
from Lawson Building, LLC, to repeal the proffered condition on properties located
on Campbell and Church Avenues, S. E., to incorporate a new development plan
dated October 1,2008. The new development plan provides for commercial, live-
work, or residential uses, or any combination thereof, on the first floor of the
building, and removes the limitation on the number of dwelling units on upper
floors, which was limited to 20 dwelling units by the development plan dated June
5, 2008..
This letter is provided for you r information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
\lJ4-.~. ~
-. Stephanie M. Moon, CMC
I City Clerk
SM M :ew
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
November 26, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Lucas Lawson Thornton
H. L. Lawson & Son, Inc.
P. O. Box 13566
Roanoke, Virginia 24035
Dear Mr. Thornton:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roa.noke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, December 15,2008, 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 from Lawson Building, LLC, to
repeal the proffered condition on properties located on Campbell and Church
Avenues, S. E., to incorporate a new development plan dated October 1 ,200,8. The
new development plan provides for commercial, live-work, or residential uses, or
any combination thereof, on the first floor of the building, and removes the
limitation on the number of dwelling units on upper floors, which was limited to 20 .
dwelling units by the development plan dated June 5,2008. .
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-2431.
It will be necessary for you, or your designee, to be present at the December 15
public hearing. Failure to appear could result in a deferral of the matter until a
later date.
.
Sincerely,
~);,~
. ~ Stephanie M. Moon, CMC
I City Clerk '
SMM:ew
Enclosu re
Lucas Lawson Thornton
December 1, 2008
Page 2
pc: Sean Horne, Balzer & Associates, Inc., 1208 Corporate Circle, S. W., Roanoke,
Virginia 24018
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
~
,.
i,
AFFIDAVIT PERTAINING TO THE AMENDMENT OF PROFFER REQUEST OF:
H. L. Lawson & Son, Inc. Campbell Avenue, S.E., Tax Nos.)AFFIDAVIT
4011116,4011136-141 )
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
'---
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 3rd day of
November, 2008, notices of a public hearing to be held on the 20th day of November,
2008, on the request captioned above to the owner or agent of the parcels as set out
below:
Tax No.
4011135
4011115
4011605
4011606
4011607
4011608
4011609
4011204
4Q1161O
Name
Mailing Address
Edward E. Herington
140 Palm Circle
Atlantis, FL 33462
Square 1 Inc
605 Campbell Avenue, SE
. Roanoke, VA 24013
Nancy Crigger
1662 Sigmon Road, NW
Roanoke, VA 24017
Catherine and Robert Cole
POBox 1325
Walkertown, NC 27051
Patricia G. Pastel
621 Church Avenue, SE
Roanoke, VA 24013
Della Ann Economy
4525 Shenandoah Avenue
Roanoke, VA 24017
Richard and Nancy Dearing
Clifford and Jessie Derey
POBox 8224
Roanoke, VA 24014
Juan Jiminez
9534 Orchard Drive
Bent Mountain, VA 24059
~. )
AlsoNotified: ~;r:;y~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of November, 2008.
~ ~CocJ(jl(Y-/~
Notary Public
My Commission Expires:
O)td~\ dOl \
REBECCA JO COCKRAM
NOTARY PUBLIC
Commonwealth of Virginia
I Reg. #166135 ~8')~\\
i M~ CofIlmissJon Ex ires
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Ms. Veronica Van Deventer
Queen Anne Court of Southwood, Inc.
327 Hershberger Road, N. W.
Roanoke, Virginia 24012
Dear Ms. Van Deventer:
I am enclosing copy of Ordinance No. 38318~121508 reflecting the amendment of the
Planned Unit Development Plan to perniit construction of a maximum of 13 single-family
dwelling units instead of 27 single-family and multifamily dwelling units previously
allowed by City Council, to remove a community green area, and to construct a
landscaped cul-de-sac ~treet, for properties identified by Official Tax Nos. 1290107, and
1290220 through 1290229, inclusive, located at 3209 Queen Anne Court Circle., S. W.,
as set forth in the Zoning Amended Application No.1 dated October 31,2008.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 2008, and is in full force and effect
upon its passage. .
Sincerely,
f;J+R~ fY). ht~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Ms. Veronica Van Deventer
December 16, 2008
Page 2
pc: Mr. Kevin B. Barnes, Lumsden Associates, PC, 4664 Brambleton Avenue, S. W.,
Roanoke, Virginia 24018
Southwood Reserve LLC, 13161 Booker T. Washington Highway, Hardy, Virginia
24101
Southwood Master Association, 2772 Electric Road, Suite 2, Roanoke, Virginia
24018
Mr. Chester F. Lang and Mr. Robert H. Walter, Trustees, 3306 Kingsbury Circle,
S. W~, Roanoke, Virginia 24018
Mr. and Mrs. Bill Bridger, 3302 Kingsbury Circle, S. W., Roanoke, Virginia 24018
Boone Boone & Loeb Inc., 3922 Electric Road, S. W., Roanoke, Virginia 24018
Mr. J. Ronald Nowland, 2730 Carolina Avenue, S. W., Roanoke, Virginia 24018.
Mr. Reinhard A. ONeill, Trustee, 3208 Northshire Court, S. W., Roanoke, Virginia
24014
Mr. and Mrs. John Zalubowki, 3212 Northshire Court, S. W., Roanoke, Virginia
24018
Boone Homes Inc., of Roanoke, 3922 Electric Road, S. W., Roanoke, Virginia
24018
Mr. Charles A. Zubieta, 1114 Queensferry Road, Cary, North Carolina 27511
Gertrude D. Saunders, Trustee, 522 Deer Ridge Lane, Vinton, Virginia 24175
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
cj:Y""
. \ at>
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38318-121508.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
200S, as amended, to amend the Planned Unit Development Plan to permit construction of
a maximum of 13 single-family dwelling units instead of27 single- family and multifamily
dwelling units previously allowed by City Council, to remove a community greev- area, and
to construct a landscaped cul-de-sac street, for properties, identified by Official Tax Nos.
1290107, and 1290220 through 1290229, inclusive, located at 3209 Queen Anne Court
Circle, S.W.; and dispensing with the second reading by title of this ordinance.
WHEREAS, Queen Anne Court of Southwood, me. has made application to the
Council of the City of Roanoke, Virginia ("City Council"), to amend the Planned Unit
Development Plan to permit construction of a maximum of 13 single- family dwelling units
instead of 27 single-family and multifamily dwelling units previously allowed by City
Council, to remove a community green area, and to construct a landscaped cul-de-sac street,
for properties, identified by Official Tax Nos. 1290107, and 1290220 through 1290229,
inclusive, located at 3209 Queen Anne Court Circle, S.W.;
WHEREAS, the City PlaIming Commission, after giving proper notice to all
concerned as required by 936.2-540, Code ofthe City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to City
Council;
O-Queen Anne Court-amend PUD Plan.doc
WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 15, 2008, after due and timely notice thereof as required by S36.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
amendment of the Planned Unit Development Plan for the properties identified by Official
Tax Nos. 1290107, and 1290220 through 1290229, inclusive, located at 3209 Queen Anne
Court Circle, S.W.; 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, finds that the public
necessity, convenience, general welfare and good zoning practice, requires the amendment
ofthe Planned Unit Development Plan to permit construction of a maximum of 13 single-
family dwelling units instead of27 single-family and multifamily dwelling tmits previously
allowed by City Council, to remove a community green area, and to construct a landscaped
cul-de-sac street, for properties, identified by Official Tax Nos. 1290107, and 1290220
,-
through 1290229, inclusive, located at 3209 Queen Anne Court Circle, S.W., as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of tl.1e City of Roanoke that:
1. Section 36.2-100, Code ofthe City of Roanoke (1979), as amended, and the
Official Zoning Map,. City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect the amendment of the Planned Unit Development Plan to permit
construction of a maximum of 13 single-family dwelling units instead of27 single-family
and multifamily dwelling units previously allowed by City Council, to remove a community
O-Queen Anne Court-amend PUD Plan.doc
green area, and to construct a landscaped cul-de-sac street, for properties, identified by
Official Tax Nos. 1290107, and 1290220 through 1290229, inclusive, located at 3209
Queen Anne Court Circle, S.W., as set forth in the Zoning Amended Application No.1
dated October 31,2008.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading ofthis ordinance by title is hereby dispensed with.
ATTEST:
~tf\.~O'N
City Clerk.
O-Queen Anne Court-amend PUD Plan.doc
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov December 15, 2008
Architectural Review Board
Board of Zoning Appeals
Planning com~C:norable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Queen Anne Court of Southwood, Inc., to
amend the Planned Unit Development Plan to permit
construction of a maximum of 13 single-family dwelling units
instead of 27 single-family and multifamily dwelling units
previously allowed by City Council, to remove a community
green area, and to construct a landscaped cul-de-sac street,
for properties located at 3209 Queen Anne Court Circle,
S.W., Official Tax Nos.1290107, and 1290220 through
1290229, inclusive.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, November 20, 2008.
By a vote of 6-1, Messrs. Chrisman, Rife, Scholz and Williams and Mrs. Penn
and Ms. Prince voting for and Mr. Manetta voting against), the Commission
recommended approval of the request. finding the application to amend the
planned unit development to be consistent with the Comprehensive Plan and the
Franklin Road/Colonial Avenue Neighborhood Plan. The plan provides for
compatible architecture in keeping with the surrounding neighborhood and
existing residence on the property; accommodations for automobiles and
pedestrians; efficient management of quality and quantity of storm water; addition
of large street trees to provide shade and separate pedestrians from vehicular
traffic; and the preservation of steep slopes, existing trees and the 1940s
dwelling.
Respectfully submitted,
~~.
Henry Scholz
Roanoke City Planning Commission
Members of City Council
Page 2
December 15, 2008
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
Steven J. Talevi, Assistant City Attorney
Application Information
Request: Amendment of Planned Unit Development Plan (Ordinance
No. 37790-052107)
Applicant: Queen Anne Court of Southwood, Inc.
Representative: Kevin Barnes, Lumsden Associates, PC
Site 3209 Queen Anne Court Circle, S.W.
Address/Location:
Official Tax Nos.: 1290107,1290220,1290221,1290222,1290223,1290224,
1290225,1290226,1290227,1290228,&1290229
Site Area: 3.972 Acres
Existing Zoning: MXPUD, Mixed Use Planned Unit Development
Proposed Zoning: MXPUD, Mixed Use Planned Unit Development
Existing Land Use: Vacant 1948 Brick Residence
Proposed Land Use: 13 Single-Family Detached Units
Neighborhood Plan: Franklin Road/Colonial Avenue Neighborhood Plan
Specified Future Mixed Residential
Land Use:
Filing Date: Original Application: September 30, 2008; Amended
Application NO.1: October 31,2008
Background
On May 21,2007, City Council adopted Ordinance No. 37790-052107 amending
the conditional MXPUD for the construction of nine single-family detached units,
twelve multifamily units in a new building, and six multifamily units and a
community center in the existing dwelling. The amended development plan now
shows 13 single-family units with one of those units being the existing manor
home. Each unit would have a front loaded two-car garage accessed by
individual or shared driveways. The lots would be accessed by a private street
consisting of a 24 foot roadway, six foot planting strips with large deciduous trees
and pedestrian scaled lighting, and four foot sidewalks.
Conditions Proffered by the Applicant
As a MXPUD, the development plan attached to this amendment is binding for
future development. Development guidelines are listed directly on the
development plan.
Members of City Council
Page 3
December 15, 2008
Considerations
Surroundinq Zoninq Districts and Land Use:
Zoning District Land Use
North CG, Commercial-General Vacant parcel subject to Ordinance No.
District with Conditions 34406-080299 and a motor vehicle
repair/service establishment located on
Franklin Road, S.W.
South MXPUD, Mixed Use Single-family dwellings (Southwood).
Planned Unit Development
with Conditions
East CG, Commercial General Across Franklin Road, S.W., is a motor
and R-7, Single-Family vehicle sales/service establishment and
Residential single-family dwellings.
West MXPUD, Mixed Use Single-family dwellings (Southwood).
Planned Unit Development
with Conditions
Compliance with the Zoninq Ordinance:
The proposed development plan fulfills most objectives stated in the purpose of
the MXPUD District. The plan provides for compatible architecture in keeping
with the surrounding neighborhood and existing structure; accommodations for
automobiles and pedestrians; efficient management of quality and quantity of
stormwater; addition of large street trees to provide shade and separate
pedestrians from vehicular traffic; and the preservation of steep slopes, existing
trees and the 1940s dwelling. The orientation of Units 7,8, and 9 have been a
concern. The Ordinance requires a 30 foot setback from all property lines
abutting a non-MXPUD District as well as a maximum 30% driveway coverage
for the front yard. This coupled with the applicant's need to maintain 12 new
units each with a two car garage and corresponding driveway has created
awkward building placement and vehicular access for these lots. The applicant
has responded to this concern by requiring that the front door of Unit 7 will face
the abutting private street.
The proposed street section is consistent with the City's Subdivision Ordinance
by providing a four (4) foot sidewalk, a six (6) foot planting strip with large
deciduous trees and street lights, curb and gutter, and a narrow street with some
on-street parking. The proposed sign (6' height monument type with a maximum
24 square foot sign face) is consistent with dimensional regulations set forth in
the Zoning Ordinance for a residential development identification signs.
Members of City Council
Page 4
December 15, 2008
Conformity with the Comprehensive and Neiqhborhood Plan:
Vision 2001-2020 and the Franklin Road/Colonial A venue Neighborhood Plan
also emphasize housing choice, environmental quality, transportation options
and efficient land use through good design. Staff is concerned that the proposed
amendment has reduced housing choice to single-family units only and removed
the positive relationship between the units and street (inconsistent setbacks, and
private sidewalks connecting the front door to the driveway and not the street).
Many positive features have remained, however, including narrow streets with
sidewalks and large deciduous trees; preservation of existing trees and steep
slopes; and the retention and reuse of the existing 1940s dwelling.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
. NH P5. Housing choice. The City will have a balanced, sustainable range of
housing choices in all price ranges and design options that encourage social
and economic diversity throughout the City.
. EC P3. Viewsheds. Roanoke will protect steep slopes, ridgetops, and
viewsheds within the City as important environmental and scenic resources
and will cooperate regionally to protect such resources located outside of the
City.
. EC P4. Environmental quality. Roanoke will protect the environment and
ensure quality air and water for citizens of the region. Storm water will be
addressed on a regional as well as local level. (Note EC A 13 and EC A 15
which state that impervious surfaces should be limited to reduce runoff and
that the integrity of storm and water systems should be ensured.)
. EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage
as a way to improve air quality.
The following recommendations of the Franklin Road/Colonial Avenue
Neighborhood Plan are relevant in the consideration of this application:
. Community Design
o Parking: Paved parking spaces should be minimized.
· Franklin Road Area: Require new developments to incorporate
urban amenities (e.g. sidewalks and curbs), and mixed-use
(commercial and residential) where possible.
. Residential Development
o New development: New development should be well-planned and use
limited land resources wisely.
. Infrastructure
o Streetscapes: Streetscapes should be well maintained, attractive and
functional for pedestrian, bicycle and motor traffic.
o Street width: Streets should be kept at the minimum width necessary to
accommodate vehicular traffic and on-street parking.
Members of City Council
Page 5
December 15, 2008
o Curb, gutter and sidewalk Improvements: New developments and
arterial and collector streets should have urban amenities such as
sidewalks and curb and gutter and appropriate species of trees should
also be planted along streetscapes.
o Storm water Drainage: Storm water runoff should be mitigated as
much as possible through improvements that are consistent with the
character of the neighborhood.
Conformity with Vision 2001-2020's Design Principles:
Design Principles: Application's Conformity:
Traditional neighborhood principles The revised layout is suburban in
should be applied to new development. nature which is consistent with the rest
of the Southwood development. The
street is terminated with a landscaped
cul-de-sac; houses will have a 2 bay,
front loaded garage; and private
sidewalks connect the front door to the
driveway instead of the street.
Sidewalks, street trees, and narrow
pavement width will be incorporated.
New streets should focus on greater Street connections are limited for the
vehicular connection, pedestrian parcel due to existing development and
amenities, and reduction of pavement steep topography of the adjacent site,
width. which has a slope exceeding 25%.
The applicant is proposing a narrow
roadway and has employed a
landscaped cul-de-sac to reduce
pavement area. A large planting strip
with large deciduous trees has been
incorporated to buffer pedestrians from
moving vehicles. Numerous curb cuts
interrupt the sidewalk which may create
conflicts between vehicles and
pedestrians.
Signs (private and public) should be The applicant has stated on the
limited in number and scaled in a size development plan that signage will be
to minimize visual clutter. limited to an identification sign.
Planninq Commission Public Hearinq:
The following questions were posed by the Planning Commission during their
November 20th public hearing:
Members of City Council
Page 6
December 15, 2008
1. Mr. Williams asked what objectives of the MXPUD District the proposed
development plan did not fulfill. Staff responded that the MXPUD
encouraged a variety of housing types to be incorporated into new
developments. The proposed development plan only provides for single-
family dwellings while the previous plan consisted of single-family
dwellings as well as multifamily dwellings. Staff reminded the Planning
Commission that while a variety of housing types is encouraged it is not
required.
2. Mr. Manetta and Mr. Williams expressed concern over the front loaded
garages and their inconsistency with the design principles of the City's
Comprehensive Plan.
3. Mr. Rife disagreed with Messrs. Manetta and Williams, stating that front
loaded garages were consistent with the rest of the Southwood
neighborhood and were therefore appropriate in this circumstance.
4. Mr. Chrisman asked if there could be a connection to the adjoining parcel
from the proposed cul-de-sac. Staff responded that that because of the
28% slope, that there would probably not be a connection from the cul-de-
sac. Staff said there could possibly be a connection from a northern
parcel.
Public Comments:
The following questions were posed by the public during the Planning
Commission's November 20th hearing:
Mr. Dan Sommerlin appeared before the Commission and asked: (1) what design
standards the Commission thought were being compromised; (2) if the manor
home would be just one dwelling; and (3) is the cul-de-sac shown on the plan the
same cul-de-sac currently located on the property. The applicant responded that
the manor home would be a single-family residence and that the cul-de-sac
would be moved to accommodate all homes.
Department of Planning, Building and Development
Room 166, Noel C, Taylor Municipal Building
215 Church Avenue, S.w,
Roanoke, V,'rgln,'a 24011 ~~!Giic~iHe;r
#:ill~~""~"">'ir:Fl',%:;,+:~,,~..~~i;
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: 131 October 2008 Submittal Number: lAm ended Application No.1
o Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
re;ro;e~~
,,_R,_-'. _'___~_
o Amendment of Proffered Conditions
[8] Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Roanoke, Virginia 24014
Existing Base Zoning: MXPUD, Mixed Use Planned Unit Development
(If multiple zones, please manually enter all districts,)
Ordinance No(s), for Existing Conditions (If applicable): 137790-052107
Requested Zoning: IMXPUD, Mixed Use Planned unil Proposed Land Use:
Official Tax No(s),: 1290107,1290220,1290221,1290222,1290223, 1290224, 1290225, 1290226, 1290227, 1290228, & 1290229
o With Conditions
[8] Without Conditions
Historic Home & Single-Family Residential Development
Name: IQueene Anne Court of Southwood, Inc.
I Phone Number: I + 1 (540) 904-4354
Address: 327 Hershberger Road, N. W. Roanoke, Virginia 24012
E-Mail: Iwandeventer@icondevelopment.ul
~q5
l).~
Property Owne~s Signature:
Phone Number: I 5 t-t & -s J"? - "It{ (b I
I E-Mail: I
Name:
Address:
Applicant's Signature:
Phone Number: I +1 (540) 774-4411 I
E-Mail: Ikbarnes@lumsdenpc.com I
2. ZONING AMENDMENT NARRATIVE
After amending the subject property's zoning in the spring of 2007, the applicant, Queen Anne
Court of Southwood, Inc. (QAC), proceeded to hire an engineering firm and architect to develop
construction plans to comply with the approved zoning amendment. During the development of
the Comprehensive Site Plan documents, QAC began receiving bids for the construction of the
development. The construction estimates were one-hundred and fifty percent (150%) above the
preliminary estimates. With this fact and the housing market in the state it is currently in, QAC
has decided that to better utilize its existing property surrounding the Manor Home at
Southwood; it will need to modify the Development Plan approved back in the spring of 2007.
The intended use for the property, first and foremost, includes preserving the historic Manor
Home as a single-family residence. The new layout provides more foreground for the Manor
Home with an increase in the lawn and landscape area in front of the home, allowing the large
Pin Oak on the left side of the lawn to be preserved. The remaining portion of the property will
be developed into twelve (12) single-family residences much like the residential homes which
make up the majority of the overall neighborhood of Southwood. Unlike the existing homes and
few homes still under construction, QAC intends to provide slightly larger units with an emphasis
on aesthetic value and homogeneous appeal. One of the methods to achieve this will be to
construct two-story units; all except one will include walk-out basements. True two-story units
will compliment the texture of the historic Manor Home. The new subdivision and house design
will be in continuity of the existing three subdivisions of Southwood.
A cul-de-sac with a landscape area at the center will provide ingress and egress from the
development. A sidewalk will encompass this cul-de-sac providing a pedestrian loop through
this neighborhood extension and terminus. The proposed units have been pulled back from the
proposed street to allow for parking off the street. Each of these units is planned to include a
two-car garage. There is a larger front yard to a nice green look when entering the subdivision
and privacy from the sidewalk to the front porch for the home owner.
The prior Development Plan allowed for twenty-seven (27) units to be built on the property. The
proposed Conceptual Plan will decrease that density to a maximum of thirteen (13) units.
Because of this decrease in density, a Traffic Impact Study should not be necessary to
complete.
The additional development will comply with City of Roanoke's Stormwater Management
Ordinance requiring land-disturbing activities maintain the same after-development runoff
characteristics, as nearly as practicable, as the pre-development runoff characteristics in order
to reduce flooding, siltation, stream bank erosion, and property damage associated with land-
disturbing activities; among the other objectives defined in the Ordinance. In addition, the
applicant will address water quality for the additional development by complying with pollutant
removal requirements. These objectives and requirements will be met as a result of modifying
the existing stormwater management facility or installing additional measures.
The storm sewer system along Somercrest Court which the proposed storm sewer for this
development will tie to flows to an existing stormwater management facility located at the base
of the development along the south side of U.S. 220. In addition to utilizing this facility, this
development may need to provide some on-site water quantity and quality control within the
Manor Homes of Southwood
Page 5
underground storm sewer system. See Preliminary Site Plan on Page 5 for location of storage
and junction box with stormwater quality filters.
The applicant's proposed amendment appears to be consistent with the City's Comprehensive
Plan and the applicable Neighborhood Plan.
3. WRITTEN PROFFERS
No proffers are offered at this time.
Manor Homes of Southwood
Page 6
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2007.
No. 37790-052107.
AN ORDINANCE to amend ~36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, by repealing Ordinance No. 34406-080299 and Ordinance No. 34407-
080299, to the extent that they placed certain conditions on Official Tax No. 1290107,
located at 3215 Franklin Road, S.W., and to approve a new development plan on the
subject property; and dispensing with the second reading of this ordinance by title.
WHEREAS, Icon Development, LLC, represented by Maryellen F. Goodlatte,
attorney, has filed an application to the Council of the City of Roanoke to repeal
Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 34407-
080299, adopted August 2, 1999, to the extent such ordinances placed certain conditions
upon property bearing Official Tax No. 1290107, located at 3215 Franklin Road, S.W.,
and to approve a new development plan related to the parcel in order to create a
residential development which includes 9 units of single-family detached dwelling units
and 18 units of multi-family dwelling units;
WHEREAS, the City Planning Commission, which after giving proper notice to
all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City COWlcq)On such application at its
meeting on May 21, 2007, after due and timely notice thereof as required by ~36.2-540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the repeal of
Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 34407-
080299, adopted August 2, 1999, to the extent such ordinances placed certain conditions
upon property bearing Official Tax No. 1290107, located at 3215 Franklin Road, S.W.,
and the adoption of the proffers pertaining to the subject property as set forth herein, and
for those reasons, is of the opinion that the subject property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 34406-080299, adopted by the City Council on August 2,
1999, and Ordinance No. 34407-080299, adopted by the City Council on August 2, 1999,
to the extent that it placed certain conditions on Official Tax No. 1290107, located at
3215 Franklin Road, S.W., are hereby REPEALED, and that the Official Zoning Map,
City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect
such action.
2. The Application for Amendment of Proffered Conditions, of Icon
Development, LLC, by Maryellen F. Goodlatte, attorney, Amended Application No.1,
filed in the Department of Planning, Building and Economic Development, on April 2,
2007, is granted pertaining to Official Tax No. 1290107, so that such property will be
f"\_rrn'Jr.J T\_.,.1....__. ",... ___t a.. ___...I___~_ ^~_.,,_
zoned MXPUD, Mixed Use Planned Unit Development, and that ~36.2-1 00, Code of the
City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5,2005, as amended, be amended to reflect such action.
3. Pursuant to the provisions of ~12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
O-ICON Development, LLC - repeal &: amend proffers 052107
....
6. LOCATION MAP
..~.
Source: City of Roanoke GIS
Manor Homes of Southwood
Page 13
7. ADJOINING PROPERTY OWNERS
Southwood Master Association, Inc. 1290119 MXPUD
Boone Boone & Loeb, Inc. 1290177 MXPUD @
Trustee for Gertrude D. Saunders 1291219 MXPUD @
Charles A. Zubieta 1291218 MXPUD @
Boone Homes of Roanoke, Inc. 1291217 MXPUD @
Boone Homes of Roanoke, Inc. 1291216 MXPUD @
John A. & Hilda C. Zalubowki 1291215 MXPUD @
Trustee of Reinhard A. O'Neill 1291214 MXPUD @
Manor Homes of Southwood
Page 14
J. Ronald Nowland 1291213 MXPUD @
Southwood Reserve, LLC 1290108 CG@
Queen Anne Court of Southwood, Inc. 1290230 MXPUD
Trustee for Chester F. Lang & Robert H. Walter 1290170 MXPUD
Bill & Hettie A. Bridger 1290172 MXPUD
8. TRAFFIC IMPACT STUDY/ANALYSIS STATEMENT
Due to the decrease in density from the original application for amended zoning approved in the
spring of 2007, a Traffic Impact Study should not be warranted for this new zoning amendment.
Manor Homes of Southwood
Page 15
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
LUMSDEN ASSOCIATES
PO BOX 20669
ROANOKE VA 24018
REFERENCE:
80030791
11198273
Queen Anne Court
1
NOTICE OF PuBLIC ,
IlEARING
The CpUllcil o! the City C?'l
Roanoke-wlU hold a public,
hearing:~,oi1 Monday,;
December 15, 2008, at 7:00.
1 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.,:
IRoanoke, Virginia, to
I consider the following: _
I Request from Queen Anne ~
Court of Southwood, Inc., to,
I amend the Planned Unit,
Development Plan to permit!
tconstruction of a maximum'
of 13 single-family dwelling!
units instead of 27,
single-family and multifamily:
dwelling units previously 'I
allowed by City Council, to
remove a community green'
area, and to ,construct a
I' landscaped cul-dlHlac street, '
for properties located at,
, 3209 Queen Anne Court I
i Circle, S.W., Official Tax Nos. I
1290107, and 1290220_1
I-through 1290229, Inclusive. '
I A copy of the application is
available for review in the I
Office of the City Clerk,!
i Room 456, Noel C. Taylor I
Mun'icipal Building, 215
Church Avenue, S.W"\
,Roanoke, Virginia. , '
, All parties in Interest and
I, citizens, may, appear on, the I
above date and be heard on
the matter. If you are a I
peison with a_disability who I
needs accommodations for I
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
25th day of November,
2008. '1'
Stephanie M. Moon, CMC
. City Clerki
(11198273) , i
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times~ a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~inia. Sworn and subscribed before me this
__~~_day of Dec 2008. Witness my hand and
official seal.
___~~ ----.~ \'~_~~. \J. ~otary Public
My ~;~~~ir~~~~_L~~~{~LL_.
",\111111',
..:..",:-{ p.. LA 1': """
.... _,0...,....,.'11...., "
.. ~- . nV' -7/1 _ ,
~... ~ ..'NOli\n' ',:v ':.
:: Q) ;' PUBLIC ", ~
~ [REG. #7090930 ~ "* -
: "*: M'< COMMISSION : ~ =
::. ,,', ~P\Rt. \;~::
... V' \0 -' 0 ..
~~"" ,"~..'"
TOTAL COST: 386. 88 '",~O;WEA"l1'~'~~~"""'"
/ / I, \\'
FILED ON: 1205 08 ""1111'"
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
.J
PUBLISHED ON:
11/28
12/05
Billing Services Representative
.-
/ '.
l?:.~~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 15,
2008, 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 Queen Anne Court of Southwood, Inc., to amend the Planned.
Unit Development Plan to permit constmction of a maximum of 13 single-
family dwelling units instead of 27 single-family and multifamily dwelling
units previously allowed by City Council, to remove a community green area,
and to constmct a landscaped cul-de-sac street, for properties located at 3209
Queen Anne Court Circle, S.W., Official Tax Nos. 1290107, and 1290220
through 1290229, inclusive.
A copy of the application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this25th day of November , 2008.
Stephanie M. Moon, CMC
City Clerk.
Queen Anne Court-amend PUD plan.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, November 28, 2008, and Friday, December 5,
2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Lumsden Associates, PC
c/o Kevin Barnes
4664 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
(540) 774-4411
AFFIDAVIT PERTAINING TO THE AMENDMENT OF pun REQUEST OF:
Queen Anne Court of Southwood, Inc., 3209 Queen Anne Court Circle )AFFIDA VIT
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn; states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to. the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 3rd day of
November, 2008, notices of a public hearing to be held on the 20ih day of November,
o
2008, on the request captioned above to the owner or agent of the parcels as set out
below:
Tax No.
1290108
1290119
1290170
1290172
1290177
1290230
1291213
1291214
1291215
Name
Mailing Address
Southwood Reserve LLC
13161 Booker T. Washington Hwy
Hardy, VA 24101
Southwood Master Association
2772 Electric Road, Suite 2
Roanoke, VA 24018
Chester F. Lang Trustee
Robert H. Walter Trustee
3306 Kingsbury Circle
Roanoke, VA 24018
Bill and Hettie Bridger
3302 Kingsbury Circle? SW
Roanoke, VA 24018 .
Boone Boone & Loeb Inc.
3922 Electric Road, SW
Roanoke, VA 24018
Queen Anne Court of Southwood
Inc.
1256 Moon Ridge Lane
Goodview, VA 24095
J. Ronald Nowland
2730 Carolina Avenue, SW
Roanoke, VA 24018
Trustee of Reinhard A. ONeill
3208 Northshire Ct., SW
Roanoke, VA 24014
John and Hilda Zalubowki
3212 Northshire Ct., SW
(r}MU}lu~;?;J~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of November, 2008.
~ 9) wcLiCLrt--'
My Commission Expires: ~ I d <;'\"d-O 1\
~ . ~ ....1
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
November 26, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Southwood Reserve LLC
Southwood Master Association
Chester F. Lang, Trustee
Robert H. Walter Trustee
Mr. and Mrs. Bill Bridger
Boone Boone & Loeb Inc.
Gertrude D. Saunders, Trustee
Queen Anne Court of Southwood, Inc.
Mr. J. Ronald Nowland
Reinhard A. ONeill, Trustee
Mr. and Mrs. John Zalubowki
Boone Homes Inc., of Roanoke
Mr. Charles A. Zubieta
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,
December 1 5, 2008, at 7:00 p.m., or as soon thereafter as the matter may be. heard, in
the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, request of Queen Anne Court of Southwood, Inc., to
amend the Planned Unit Development Plan to permit construction of a maximum of 13
single-family dwelling units instead of 27 single-family and multifamily dwelling units
previously allowed by City Council; to remove a community green area, and to construct a
landscaped cul-de-sac street, for properties located at 3209 Queen Anne Court Circle,
S.W.
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
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission, please
contact the City Clerk's Office at 540-853-2541.
Sincerely,
~?J).~
.~ Stephanie M. Moon, CMC
jl City Clerk
SM M :ew
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Te]ephone: (540) 853-254]
Fax: (540) 853-] 145
E-mai]: c]erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Ordinance No. 38319-121508 amending and reordaining
Article III, Special License Taxation, Chapter 19, License Tax Code, Code of the
City of Roanoke, (1979), as amended, by adding a new Section 19-76.1,
Taxation of Wireless Telephone and Communication Providers, to be consistent
with the Code of Virginia; effective February 1 , 2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 15, 2008, and is in
full force and effect upon its passage.
Sincerely,
~frJ.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Ann H. Shawver
December 16, 2008
Page 2
pc: The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistr,ate
Lora A. Wilson, Law Librarian
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Sheila N. Hartman, CMC, Deputy City Clerk
Cecelia T. Webb, Assistant Deputy City Clerk
OIL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2008.
No. 38319-121508.
AN ORDINANCE amending and reordaining Article III, Special License Taxation, of Chapter
19, License Tax Code, of the Code of the City of Roanoke (1979) as amended, by adding a new
Section 19-76.1, Taxation of Wireless Telephone and Communication Providers, to be consistent
with the Code of Virginia; providing for an effective date, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of
the City of Roanoke (1979) as amended, is hereby amended and reordained by the addition of new
Section 19-76.1, Taxation of Wireless Telephone and Communication Providers, to read and
provide as follows:
Sec. 19-76.1, Taxation ofWirele.$.s Telephone and Communication Providers
Effective Februmy I, 2009, there is imposed on every! public service company
or other person providing wireless telephone or communication service and
doing business in this ci~v, a tax of one half of one percent (O.5?{Y) of the gross
receipts from such -wireless telephone or communication service within the city
and from local telephone directory listings and ach'ertising received by such
person from business done in the city. Such gross receipts shall include only
receipts from business done exclusiveZv in this city and shall exclude receipts
from business done to and from points outside this state and receipts from an:v
business done with the government of the United States.
2. This amendment will be in full force and effect on and after February 1, 2009.
3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title
is hereby dispensed with.
,( ,
. } "
, "
. i .
I Nt h1o~
City Clerk. · - C
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 15, 2008 .
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Update to License Tax Code
Background:
Section 19-74 of the Code of the City of Roanoke (1979), as amended, sets forth a
license tax on public service companies which encompasses those companies
providing water, gas, electrical, and telephone services. For those companies engaged
in telephone service and operating one (1) or more telephone exchanges in the City, a
license tax of two and four-tenths percent (2.4%) of the gross receipts from local
telephone exchange service is charged. A recent opinion by the Virginia Attorney
General defined the term "telephone exchange," to exclude wireless telephone service
providers and only to mean land line telephone exchange providers.
Currently, the Code of Virginia only authorizes a tax of one half of one percent (.5%) on
public service companies such as local exchange telephone service providers or
wireless providers. Since the City Code was enacted prior to 1972, the City of Roanoke
was "grandfathered" at a higher rate for its land line providers than is now available
under the Code of Virginia.
Considerations:
At the time that Section 19-76 of the Code of the City of Roanoke (1979), as amended,
was enacted in the early seventies, there were no wireless or cellular telephone service
providers. Accordingly, the existing terminology referred to telephone companies as
local exchange services. Wireless carriers are not technically local exchange telephone
service providers as defined by the Code of Virginia. For consistency with the state
code and for equitable administration of this tax, it is important to amend the Code of
the City of Roanoke (1979), as amended, by adding,.a.,new and separate section to set
Honorable Mayor and Members of Council
December 15, 2008
Page 2
forth the license tax rate for wireless telephone service providers. A separate
amendment is needed for wireless telephone service providers so that our
"grandfathered" status at the higher rate of 2.4% remains in place on local exchange
telephone service providers (i.e. land line providers). This amendment will allow the
license tax to encompass both wireless and local exchange telephone service
providers. The license tax rate on the wireless providers will be capped at the state
maximum of .5% while the tax on local exchange telephone service providers will
continue to remain 2.4%.
Although the Commissioner of the Revenue's Office began assessing the wireless
telephone service providers at the lower rate in early 2007, the City Code has not been
amended to reflect the lower rate. This amendment will make the City's actual
taxation of such providers consistent with the Code of Virginia. This action will not
impact revenues; merely bring City Code into compliance with State Code.
Recommendation:
Adopt the attached Ordinance amending and re-ordaining the Code of the City of
Roanoke (1979), as amended, by adding a new section 19-76.1, Wireless Telephone
Providers. This ordinance shall go into full effect on February 1, 2009.
Sincerely,
~W~
Ann H. Shawver
Director of Finance
c: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Sherman M. Stovall, Director of Management and Budget
. .' .. .', . ;'. . r . :,l' ~ ~~:~< j f ,L~
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
ANN H. SHAWVER, DIRECTOR OF FINANCE
215 CHURCH AVENUE, W., S ROOM 465
ROANOKE VA 24011
PUBLISHED ON:
11/21
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NOTICE OFPUBLlC
HEARING
Notice ishereby given that
the City Cpuncil'of the City of
Roanoke will hold a public
hearing at its regular
meeting to be held on
December'15; 2008,
commencing at 7:00 p.m., in
the Council Chambers, 4th
Floor, Noel C. Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia, to
consider an amendment to
Article III, Special License
'Taxation, of Chapter, 19,.
License Tax Code, of the
Code of the City of Roanoke
(1979), as amended, by the '
addition of a new Section
19-76.1, Taxation ,of
Wireless Telephone and
, Communication Providers, to
I bring language in the City
Code,relating to the locil!
,license taxation of wireless
ItelePhone prOYider,S and
wireless communication
providers into, conformity
withS'ection 58.1-3731 of
ihe Code of Virginia (1950),
as amended, by assessment
'of such providers of the
license tax at the rate of
one-half of one percent
I (0.5%) of the annual gross
receipts of such providers.
: The 'proposed, ordinance
, shall be effective on and
I after January 1, 2009. .,'
'Citizens shall have the 1
! opportunlty to be heard and
express their opinions on
this matter.
If you are a person with a
disability who needs
accommodations for 'this
public hearing, contacfthe
CHy C I e r k' s Off ice,
853-2541, by 12:00 noon on
, Thursday, December 11,
2008.
GIVEN under my hand this
~JJ~,.day 01 November,
Stephanie M. Moon,
Ciiy Clerk.
REFERENCE: 80165721
11187890
NPH-Taxation of Wire
State of Virginia
City of Roanoke
I, {the undersigned} an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~~nia. Sworn and subscribed before me this
_~~_day of Dec 2008. Witness my hand and
official seal. ~
' . . Nota y Public
MY~~~~~~;-_=__===____L(S~~l:ll.
1(11187890)
~-::'~
TOTAL COST:
FILED ON:
202.80
11/21/08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - -,- - - - - - - - - - - - - -
Authorized v:- ~
signature'-;f~~--
Billing Services Representative
,', i-
'. I:
, ,
~
. NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on December 15,2008, commencing at 7:00 p.m., in the Council
Chambers, 4th Floor, Noel C. Taylor Municipal Building,' 215 Church Avenue, S.W., Roanoke,
Virginia, to consider an amendment to Article III, Special License Taxation, of Chapter 19, License
Tax Code, ofthe Code ofthe CityofRoanoke (1979), as amended, by the addition ofa new Section
19-76.1, Taxation of Wireless Telephone and Communication Providers, to bring language in the
City Code relating to the local license taxation of wireless telephone providers and wireless
communication providers into conformity with Section 58.1-3731 ofthe Code of Virginia (1950), as
amended, by assessment of such providers of the license tax at the rate of one-half of one percent
(0.5%) ofthe annual gross receipts of such providers. The proposed ordinance shall be effective on
and after January 1, 2009.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, December 11, 2008.
GIVEN under my hand this 17thdayof November
,2008.
Stephanie M. Moon, City Clerk.
K:lMEASURESIPH NOTICE LICENSE TAX CODE AMENDMENT 2008.DOC
Notice to Publisher:
Publish once in the Roanoke Times on Friday, November 21,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
K:INOTICESI2008\DECEMBERIN-LICENSE TAX CODE AMENDMENT_DOC
Send bill to:
Ann H. Shawver
Director of Finance
215 Church Avenue, S. W., Room 465
Roanoke, Virginia 24011
(540) 853-2062
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38320-121 508 authorizing the City
Manager to execute the necessary documents providing for the conveyance of
three portions of City owned property totaling 17.1044 acres to the Roanoke
Regional Airport Commission in connection with the expansion of the Airport's
Runway Protection Zone for Runway 6, the first portion consisting of
approximately 3.4372 acres, the second consisting of approximately 2.5097
acres, and the -third portion consisting of approximately 11.1 576 acres,
designated as portions of Tax Map No. 6472302, located at 2100 C.ountryside
Drive, N. W. in exchange for property owned by the Roanoke Regional Airport
Commission designated as Tax Map No. 6421001, 6431101, and 6421113.
The abovereferenced measu re was adopted by the Council of the City of
Roanoke at a regu lar meeting held on Monday, December 1 5, 2008, and is in
full force and effect upon its passage.
Sincerely,
~ h1.~oW
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
December 16, 2008
Page 2
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget .
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38320-121508.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of three portions of City owned property totaling 17.1044 acres to
the Roanoke Regional Airport Commission in connection with the expansion of the Airport's
Runway Protection Zone for Runway 6, the first portion consisting of approximately 3.4372
acres, the second consisting of approximately 2.5097 acres, and the third portion consisting of
approximately 11.1576 acres, designated as portions of Roanoke City Tax Map No. 6472302,
located at 2100 Countryside Drive, N.W., in exchange for property owned by the Roanoke
Regional Airport Commission designated as Roanoke City Tax Map Nos. 6421001, 6431101,
and 6421113; and dispensing with the second reading by title oftrus ordinance.
WHEREAS, a public hearing was held on December 15, 2008, pursuant to 9915.2-
1800(B) and 15.2-1813, Code of Virginia (1950) as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents providing for the
conveyance to the Roanoke Regional Airport Commission of three portions of City owned
property totaling 17.1044 acres, the first portion consisting of approximately 3.4372 acres, the
second consisting of approximately 2.5097 acres, and the third portion consisting of
approximately 11.1576 acres, designated as portions of Roanoke City Tax Map No. 6472302,
located at 2100 Countryside Drive, N.W., in exchange for property owned by the Roanoke
Regional Airport Commission designated as Roanoke City Tax Map Nos. 6421001, 6431101,
and 6421113, upon the terms and conditions set forth in the City Manager's letter to this Council
dated December 15,2008.
2. The City Manager is also authorized to execute such documents and take such
action as may be necessary to effect this conveyance, including execution of a plat of
.
subdivision, deed, and documents related to the closing.
3. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
}n. ~~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15,2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Disposition of City-Owned
Property Located at 2100
Countryside Drive, NW.
Background:
The Roanoke Regional Airport Commission desires to acquire three portions of
the City-owned property at 2100 Countryside Drive, NW, identified by Official
Tax No. 6472302, containing :t133.2382 acres. The property is needed to
expand the Runway Protection Zone for runway 6. The:t 1 7.1044 acres to be
conveyed are comprised of three portions containing :t3.43 72 acres, :t2.5097
acres, and :t 11.1 576 acres. The portions of the subject property directly abut,
and will be combined with, the property currently owned by the Airport
Commission identified by Official Tax No. 6480101. The portions of the parcel
to be conveyed are as shown on "Subdivision plat prepared for Roanoke
Regional Airport Commission creating hereon RW6 Runway Protection Zone,"
prepared by Mattern and Craig, Inc., and dated November 17, 2008.
In exchange for the above-referenced land, the Roanoke Regional Airport
Commission proposes to convey three parcels containing a total of :t 15.0062
acres to the City of Roanoke. The parcels to be conveyed to the City are
identified by Official Tax Map Nos. 6421001, 6431101, and 642111 3, and are
located at Ben Street, NW, Ranch Road, NW, and Lewiston Street, NW. The
Commission is requiring that the conveyance be subject to certain terms and
conditions, which are set out in the attached deed.
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
Recommended Action:
Absent comments at the public hearing requiring further consideration,
authorize the City Manager to execute such documents and take such ac::tion as
may be necessary to accomplish the above matter, including execution of a
subdivision plat and deed of sale, to complete the disposition of the property to
the Roanoke Regional Airport Commission. All such documents are to be
approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. rcham
City Manager
DLB:c1c
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00192
~.
121008
This Document Was Prepared by and Return To:
Office of the City Attorney for the City of Roanoke
Noel C. Taylor Municipal Building
125 Church Avenue, Room 464
Roanoke, Virginia 24011
and
Roanoke Regional Airport Commission
Office of General Counsel
5202 Aviation Drive
Roanoke, Virginia 24012
Roanoke City Tax Map Nos. 6472302, 642H 13,6421001, and 6431101
Title Insurance for the property acquired by the Roanoke Regional Airport Commission is being provided by:
Land America\Lawyer's Title Insurance Corporation, 305 First Street, Suite 305, Roanoke, Virginia 24011.
THIS DEED IS EXEMPT FROM THE RECORDATION TAXES AND
FEES IMPOSED UNDER SECTIONS 58.1-801 AND 58.1-802 PURSUANT
TO SECTIONS 58.1-811A(3) AND 58.1-811C(4), CODE OF VIRGINIA,
(1950), AS AMENDED.
THIS DEED OF EXCHANGE, is made as of the _ day of
, 2008, by
and between ROANOKE REGIONAL AIRPORT COMMISSION, a body corporate existing
under the laws of the Commonwealth of Virginia ("Commission") acting pursuant to the
authority granted in Resolution No. 34-111308, dated November 13, 2008, to be indexed as both
a Grantor and a Grantee, whose address is 5202 Aviation Drive, Roanoke, Virginia 24012-1148,
and the CITY OF ROANOKE, a Virginia municipal corporation existing under the laws of the
Commonwealth of Virginia ("City"), acting pursuant to the authority granted in Ordinance ill
No..
, dated,
to be indexed as both a Grantor and
. a Grantee, whose address is Noel G. Taylor Municipal Building, 125 Church Avenue, Room 464,
Roanoke, Virginia 24011.
1
obstruction to air navigation. There shall be no activity on Parcel A that would interfere with or
be a hazard to the flight of aircraft over Parcel A or to and from the Airport or interfere with air
navigation and communication facilities serving the Airport. City shall not hereafter use, cause or
permit to be used, or suffer use of the Parcel A ("Property") in such a manner as to create
electrical, electronic or other interference with radio, radar, microwave or other similar means of
communications between Commission and aircraft, or to make it difficult for the operators of
aircraft to distinguish between airport and regularly installed air navigation lights and visual aids
and other lights, or so as to result in glare in the eyes of operators of aircraft, or to impair visibility
in the vicinity of the Airport, or to otherwise endanger the approaching, landing upon, taking off
from, maneuvering about or operating of aircraft on, above and about said Airport. In the event
that City permits or suffers to remain upon Parcel A any instrumentaJity described above,
Commission shall have the right, at its sole option after giving of five (5) days notice to City, to
remove such instrumentality and to use ariyand all means necessary to effectuate such right.
Commission, however, does not release City from liability for any damage to any remammg
property occasioned by such removal.
SECTION II. City shall not hereafter plant or construct, cause or permit to be planted,
grow or constructed, or suffer to remain upon the aforesaid Property over which said easement and
right-of-way is situated any bush, shrub, tree, post, fence, building, structure or other obstruction of
any kind or nature whatsoever which now extends, or which may at any time in the future extend,
into the airspace above the Property to an elevation exceeding the current City of Roanoke Airport
Zoning Height Limitations, Roanoke City Code Section 36.2-334, as amended, or that elevation
prescribed in Part 77 of the Federal Aviation Administration Regulations, 14 Code of Federal
I
Regulations Chapter I, as currently in effect and as the same may, from time to time, be amended,
3
harmless from and against any and all claims, demands, suits, costs and expenses, whether for
injuries to persons or damage to property, occurring upon the Property, or within the airspace
subject to the easement and right-of-way granted herein, or arising out of the use and occupancy of
the property. This indemnity is limited to such claims that may arise out ofthe nomial operation
of aircraft, and shall not be operative for claims by City or those claiming under City. for any
physical or personal injury caused by aircraft crashing into or otherwise coming into direct
physical contact with the Property or persons located thereon.
SECTION V. The easement and right-of-way granted herein, and all the terms, conditions
and provisions contained herein are intended to and shall run with the land, and shall be binding
upon and shall inure to the benefit and use of Grantors, their heirs, successors, and assigns, and
Grantee, its successors and assigns forever,
SECTION VI. Whenever under the terms hereof any notice is required or permitted to be
made, such notice shall be deemed sufficient only if in writing and delivered personally or sent by
certified mail, return receipt requested, postage prepaid, addressed to City's City Manager or to the
City's transferees, successors, or assigns. Change of address may be affected by giving written
notice as provided above.
SECTION VII. In the event one or more of the provisions contained in this instrument or
. any part thereof or any application thereof shall be held invalid, illegal, or unenforceable in any
. .
respect by a court of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions or parts hereof contained herein arid any application there of shall not in any
way be affected or impaired thereby.
5
ROANOKE REGIONAL AIRPORT
COMMISSION, a body corporate existing under
the laws of the Commonwealth of Virginia
By:
Jacqueline L. Shuck, Executive Director
Attest:
Cathy L. Pendleton, Commission Secretary
COMMONWEALTH OF VIRGINIA)
) to-wit:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me in the aforesaid
jurisdiction this _ day 0 f
,2008, by Jacqueline L. Shuck, Executive
Director ofthe Roanoke Regional Airport Commission, a body corporate of the Commonwealth
of Virginia, on behalf ofthe Commission.
[AFFIX SEAL J
Notary Public
7
'-
EXHIBIT A
(Parcel A)
Description of3 Parcels Containing a Total of Approximately 14.887 Acres
Being Conveyed to the City of Roanoke
by the Roanoke Regional Airport Commission
BEING Parcels 2, 3, and 4 as shown on the Map of Survey, Roanoke Regional Airport,
prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 2, 1987, and recorded
in MB 1 Pages 618-626 inclusive, and being City of Roanoke Tax Parcel Numbers 6421113,
6421001, and 6431101, respectively;
AND, BEING a portion of the same property conveyed to the Roanoke Regional Airport
Commission by the City of Roanoke by deed dated June 30, 1987, recorded July 1, 1987, in
Deed Book 1564, page 668, in the Clerk's Office of the Circuit Court of the Roanoke City,
Virginia.
9
monument found at 339.25 feet, in all 339.85 feet to the point of BEGINNING containing
2.5097 Acres, more or less, and being a portion of the property conveyed to City of Roanoke by
deed recorded in Instrument Number 050018538 in the Clerk's Office ofthe Circuit Court of the
City of Roanoke, Virginia. Said tract being further identified as a portion of Parcel 5 of a plat
titled BOUNDARY SURVEY 140.42 ACRES OF U. S. GOLF PROPERTIES LP FOR THE
CITY OF ROANOKE recorded in MB. 1 PG. 2924 - PG. 2932 in the aforesaid Clerk's Office.
Parcel 3
BEGINNING at a point in Whalens Branch in the westerly right of way line of Frontage Road
located on the west side ofInterstate 581, said point being N 50037'42"E 8.88 feet from a RRAC
monument found; thence with the aforesaid right of way line the following two (2) courses, S
19010'44"E 33.97 feet to an iron pin found; thence a curve to the left having a delta of
00026'11", a radius of7,814.44 feet, an arc length of 59. 53 fe'et, a chord bearing S 23034'12"E
for a distance of 59. 53 feet to an iron pin set; thence leaving the right of way line with a new line
through the property of City of Roanoke the following two (2) courses S 42005'19"W passing a
concrete monument set at 20.00 feet, in all 1,928.27 feet to a concrete monument set; thence N
39022'50"W 703.09 feet to an iron pin set in the property line of Roanoke Regional Airport
Commission; thence with the property line of Roanoke Regional Airport Commission the
following three (3) courses, N 19014'28"E 134.77 feet to an iron pin found; thence S 39026'35"E
397.78 feet to a concrete monument found; thence N 50037'42"E passing a RRAC monument
found at 1,810.51 feet, in all 1,819.39 feet to the point of BEGINNING containing 11.1576
Acres, more or less and being a portion of the property conveyed to City of Roanoke by deed
recorded in Instrument Number 050018538 in the Clerk's Office ofthe Circuit Court of the City
of Roanoke, Virginia. Said tract being further identified as a portion of Parcel 1 of a plat titled
BOUNDARY SURVEY 140.42 ACRES OF U. S. GOLF PROPERTIES LP FOR THE CITY
OF ROANOKE recorded in MB. 1 PG. 2924 - PG. 2932 in the aforesaid Clerk's Office.
Parcels 1, 2 AND 3 BEING more particularly shown and described as part of the property
on the "Subdivision Plat Prepared for Roanoke Regional Airport Commission Creating Hereon
Parcel RW6-RPZ (72.3972 acres) & Parcel B2 (116.1338 acres)" last revised November 25,
2008, by Mattern & Craig, Inc., Consulting Engineers, Surveyors, of record at Roanoke City
Map Book _, Page---,-
AND, BEING a portion ofthe same property conveyed to the City of Roanoke, Virginia,
a municipal corporation organized and existing under the laws of the Commonwealth of
Virginia, by Deed from The Fairways Group, LP, a Delaware limited partnership, dated
November 10, 2005, recorded November 10, 2005, in Instrument No. 050018538 in the Clerk's
Office ofthe Circuit Court of Roanoke City, Virginia.
11
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OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
,;
REFERENCE:
80084300
11204956
State of Virginia
City of Roanoke
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
DEVELOPMENT
N-Aiport Exchange-Co
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~t--__day of Dec 2008., wi tness my hand and
official seal.
__~~~_~otary Public
My commissiO;-~~re~~~:__LD~~~li-.
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--------------------------------------------------+------------------------
PUBLISHED ON:
12/05
TOTAL COST:
FILED ,ON:
255.84
12/05/08
Authorized~' ~
Signature'-;f~;ff--
f --NOll;E OF PUB~~ - 'I'
, HEARING
Th'e City of Roanoke.!
proposes to convey three'l
portions of City owned
property, the first p.ortion I
consisting of 3.4372 acres,)
more or less, the SeCOnd]
portion consisting of 2.5097 ;
acres, more or less, and the '
third portion consisting ofl
11.1576 acres, more or.less'i
designated as portions of,
Roanoke City Tax Map No.
6472302, located at 2100
Countryside Drive, N.W., to
the Roanoke Regional
Airport Commission 'in
connection with .the
expansion of the Airport's
Runway Protection Zone for.
---,-.._':-~-
(
I 'KunWay-6~-a-sshOW,,--on
\ "Subdivision Plat Prepared
, for Roanoke Regional 'Airport I
I Commission Creating Hereon
RW6 Runway Protection
\ Zone," prepared by Mattern
, 'and Craig, Inc;, and d~ted
August 27, 2008, as revls~d
November 25, 2008, on file
in the Roanoke City Clerk's :
Office, In exchange for.
property owned by the,
, Roanoke Regional Airport
I Commission designated as,
I Roanoke City Tax Map Nos.
642100~ 6431101~an~
6421113. . ,
, Pur sua n t tot h e\
1 r e qui rem e n t s 0 f.
, ~~15.2-1800(B) and 1813,\
: Code of Virginia (1950) as
amended, notice is hereby
given that the City Council of'
the City of Roanoke will hold
a public,hearing on the
above matter,at its regular
meeting to be held on
Monday,'.Decemb,er 15,
2008, commencing at 7:00
p m in the Council
Cha~bers, 4th Floor, ~0~1 C.
Taylor Municipal BUilding,
215 Church Avenue, S.W"
Roanoke, Virginia, ~4011.
Further ,information Is
available fromthe Office of
the City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the I
opportunity.to be heard and
express their opinions on
said matter. ",
If you are a,person with ~i
disability who ,needs,
accommodations for this I
hearing, please contact the I
City Clerk's Office at (540)
853-2541, before 12:00:
Ii 0 0 non T h u r s day.",
December 11, 2008. \.\
GIVEN under my hand this'
1st day of December, 2008. i
Stephanie M. Moon,~
City Clerk I,
. ~
(11204956)
Services Representative
~\'
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey three portions of City owned property, the first
portion consisting of 3.4372 aces, more or less, the second portion consisting of 2.5097 acres, more or
less, and the third portion consisting of 11.1576 acres, more or less, designated as portions of Roanoke
City Tax Map No. 6472302, located at 2100 Countryside Drive, N.W., to the Roanoke Regional
Airport Commission in connection with the expansion of the Airport's Runway Protection Zone for
Runway 6, as shown on "Subdivision Plat Prepared for Roanoke Regional Airport Commission
. Creating Hereon RW6 Runway Protection Zone," prepared by Mattern and Craig, Inc., and dated
August 27, 2008, as revised November 25, 2008, on file in the Roanoke City Clerk's Office, in
exchange for property owned by the Roanoke Regional Airport Commission designated as Roanoke
City Tax Map Nos. 6421001, 6431101, and 6421113.
Pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, December 15, 2008,
. commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of
the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please contact
the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 11,2008.
GIVEN under my hand this 1st day of December
,2008.
Stephanie M. Moon
City Clerk
K:\Measures\PH NOTICE AIRPORT EXCHANGE RUNWAY 2008.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 5, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38321-121508 authorizing the City
Manager to execute a lease agreement with Eddie Soo Park, d/b/a Tokyo
Express, for approximately 182 square feet of space in the City Market Building,
located at 32 Market Square, for a month-to-month term, effective January 1,
2009, not to exceed twelve (12) months, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regu lar meeting held on Monday, December 1 5, 2008, and is in
full force and effect upon its passage.
Sincerely,
~~ hi. ~Ol-v
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
Darlene L. Burcham
December 16, 2008
Page 2
pc: William M. Hackworth, City Attorney
Ann H~ Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
Q~C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38321-121508.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with
Eddie Soo Park, d/b/a Tokyo Express, for approximately 182 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a month-to-month
term, effective January 1, 2009, not to exceed twelve (12) months; and dispensing with the
second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 15, 2008, pursuant to SS15.2-
1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Eddie Soo Park, d/b/a
Tokyo Express, for the lease of approximately 182 square feet of space in the City Market
Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment, for a
month-to-month term, effective January 1, 2009, not to exceed twelve (12) months, at a rental
rate of$424.67 per month, upon certain terms and conditions, and as more particularly described
in the City Manager's letter to this Council dated pecember 15, 2008.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
\. \,j ; ( ! 1 ! ~
ATTEST:
t:J;J~ (n..h-t ~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Tokyo
Express Restaurant in City
Market Building
Background:
Eddie Soo Park, owner and operator of Tokyo Express restaurant, has
requested a renewal of his lease for 182 square feet of space located in the
City Market Building at 32 Market Square, Roanoke, Virginia 24011. The
current lease expires December 31, 2008. The new lease term is month to
month, not to exceed twelve months, effective January 1, 2009. The
proposed agreement establishes a base rent to be paid as provided by the
following schedule:
Square Per Square Foot Monthly Annual Rent
Footage Rent Amount
Amount Amount
182 $28.00 $424.67 $5096.04
The Common Area Maintenance fee, to be paid in addition to the rental
amount described above, is $300.00 per month. There is no renewal
provision in this lease.
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
Recommended Action:
Authorize the, City Manager to execute a lease agreement with Tokyo Express
restaurant, for approximately 182 square feet of space in the City Market
Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period
of month to month, effective January 1, 2009, not to exceed twelve (12)
months. Such lease shall be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00197
LEASE
Between
THE CITY OF ROANOKE
And
Tokyo Express
c:\DOCUMSNTS AND SETrINGS\Etx:1'1\MY DOCUMENTS\roXYO EXPRESS\MOmH TO MONTH LEASE,DOC
LEASE
INDEX
HEADING
PREM ISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY .
ASSIGNMENT AND SUBLETTING
IMPROVEMENTS
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLDING OVER
BENEFIT AND BURDEN
GENDER AND NUMBER
ENTI RE AG REEM ENT
. C:\DOCUMENTSAND SETllNGS\EDCT1\MY DOCUMENTS\TOKYO EXPRESS\MONTIi TO MONnJ LEASE.DOC
I
PAGE
2
2
3
3
4
4
4
4
4
4
5
5
5
6
6
6
7
7
7
7
7
7
7
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B .
Exhibit C
Exhibit D
Exhibit E
Exhibit F
7
7
8
9
9
10
10
10
10
10
11
11
11
11
11
11
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
C:\DDCUMENlSAND SETTINCS\WCT1\MY DOCUMENTS\lOKYO EXPRESS\MONlli 10 MONlli LEASE.DOC
II
LEASE
THIS LEASE is made this ____day of ________________2008 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Eddie Soo Park
d/b/a Tokyo Express restaurant (hereinafter referred to as ''Tenant''),
WITNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties
hereto mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord, for the term and upon the conditions hereinafter provided, a
section of the building known as the Roanoke City Market Building (herein
referred to as the "Building") located at 32 Market Square, Stalls #127. Roanoke,
Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred
to as the "Premises." The Premises consists of approximately 182 square feet of
space.
2. TERM The term of this Lease shall commence on January 1,
2009, ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on January
~ 2009. Unless written notice is given by the City at least sixty (60) days prior
to the end ofthe initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms and conditions as the prior month, and upon the mutual agreement of
the parties. Provided that such renewal terms shall not exceed a maximum of
eleven (11) months. .
3. BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
f h fh d h fll hdl
Premises or eac month 0 t e Lease accor inQ to t e 0 owinQ sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amou nt Amount
Amou nt
1/01/09 182 $28.00 $424.67 $5096.04
to
1/31/09
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe month. In the
event the Commencement Date is other than the first day of a calendar month,
the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated
on the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
J
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time
of execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th)day of the month shall be assessed a late charge in the
C:\DDCUMENlS AND SElllNCS\EDCT1\MY DOCUMENlS\TOKYO EXPRESS\MONTIl m MONlli LEASE.DOC
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1
I
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal
to the current prime rate, as established by the United States Government, plus
two percent (2%) per month or the maximum amount permitted by law, from the
due date of such payment and shall constitute additional rent payable by Tenant
under this Lease and shall be paid by Tenant to Landlord upon demand. Payment
shall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient funds check). Tenant shall pay rent to landlord
at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other
party or at such other address as Landlord may designate from time to time by
written notice to Tenant, without demand. Checks shall be made payable to
Treasurer, City of Roanoke.
"
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee forthis lease will be a flat fee charge of Three
Hundred Dollars ($300.00) per month. These fees will increase by three (3%)
percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of
every kind and nature paid or incurred by Landlord in operating, managing,
equipping, policing, lighting, repairing, replacing items in the Building and
maintaining the Building. Such costs and expenses will include, but not be limited
to, the following:
utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
maintenance costs of heating, ventilating and air conditioning,
insect and rodent treatment,
snow and ice removal,
electrical and plumbing repairs in the Common Areas of the Building,
management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
security camera systems,
lighting,
sanitary control, drainage, collection of rubbish and other refuse,
costs to remedy and/or comply with governmental and/or environmental
and l1azardous waste matters(excluding Tenant's Premises)
repair and installation of equipment for energy saving or safety purposes,
reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
All costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B 'pr~vided ~y
landlord for common or joint use and benefit of the tenants of the BUlldmg, their
employees, agents, servants, customers and invitees. The Common Areas further
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
m
(k)
(I)
(m)
(n)
(0)
C\DOOlMEN15AND SETIlNCS\EDC11\MYDOCUMENT5\TOKYO EXPRESS\MONlH TO MONlH LEASE.DOC
2
(
include, witho~t limitation, roofs, walls, vacant areas, food court, elevator(s),
r~strooms, staIrways, walkways, ramps, foundations, signs (excluding Tenant's
slgnage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common
Areas from time to time as deemed reasonable by Landlord. .
5. LANDLORD'S OBLIGATIONS
responsible for the following:
Landlord hereby agrees to provide and be
(a) make all structural and capital repairs and replacements to items in the
Building and to the Common ,Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical
wiring, heating and air conditioning systems, toilets, water pipes, gas,
plumbing, other electrical fixtures and the exterior and interior walls.
Structural and capital repairs to Tenant's Premises are specifically excluded.
(b) pay forthe cost of Tenant's utilities (gas, electric, heating, water, telephone
service speCifically excluded) and all other services identified through use
of funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense,agrees
to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this Lease.
(a)
Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term ofthis Lease, ordinary wear and tear excepted,
and not use any part ofthe Premises orthe Common Areas oftheBuilding
in a negligent manner.
'(b)
Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenants actions, whether
capital, structural as defined above, or otherwise.
(c)
Tenant shall surrender the Premises at the end of the term in as good
conditio'n as Tenant obtained the same at the commencement ofthe term,
reasonable wear and tear excepted.
Tenant shall operate its business as described in Section 7 of this Lease.
",
(d)
(e)
Tenant shall pay rent timely as provided in Section 3 of this Lease.
Tenant shall obtain the insurance as required in Section 29 of this Lease.
(f)
7. USE OF PREM ISES The Premises shall be used forthe purpose of
conducting therein the sale of Japanese cuisine menu items. Tenant covenants
and agrees that at all times during the term hereof, Tenant will actively conduct
such a business in the Premises, keep the Premises amply stocked with good and
fresh merchandise and keep the Premises open for business during the customary
business hours of 1 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day,
Monday through Saturday) ofthe Building as established or as may be amended
by Landlord and (ij) the Premises shall be used only for such purpose. The
C,\DDCUMENl> AND SETnNGS\EDCT1\MY DDCUMENlS\TOKYO EXPRESS\MONTH TO MON1H LEASE.DDC
3
Buildin~ will be closed for the follo,":,i~g Holidays or as observed: New Year's Day,
Memorial ~ay, Labo~ Day, Thanksgiving Day and Christmas Day. Nothing herein
shall reqUIre the CIty of Roanoke to open the Building outside of the above
designated hours. The Premises shall not be used for any other purpose without
the ~ritten. permission of Landlord. Tenant shall not open the Building to the
pubhc outsIde ofthe customary business hours or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant as outlined in attached
menu noted as Exhibit "C". Tenant must obtain written approval of Landlord
before adding any item, other than soft drink beverages, to its menu and shall pay
a $1 00 per item to the Landlord if Tenant does not obtain such approval. If menu
changes persist beyond thirty (30) days without the written approval of the
Landlord the tenant is thereby in default of its Lease. Landlord and Tenant
acknowledge that it is the intent of the parties that current and prospective
. tenants of the Building not be allowed to market products that would impair the
sales of the other tenants of the Building. Accordingly, Landlord agrees not to
lease to tenants selling similar food, cuisine or fare as existing tenants of the
Market Building, as determined in the sole discretion of the Landlord, or which
will in the opinion of the Landlord be inconsistent with the intended uses of the
Building. Tenant further agrees not to market any product that would impair a
current Tenant's sales. Tenant acknowledges and agrees that if there is any
disagreement over whether any item sold by a tenant is an item sold by another
tenant of the Building that would impair Tenant's sales; such dispute shall be
determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by
Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or
assign this Lease upon the terms of such offer, whereupon Landlord shall have
thirty (30) days to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations,
redecorations, or improvements in and to the Premises in writing beforehand.
Such alterations, redecorations, additions, or improvements shall conform.to all
applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and
regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created Tenant shall peaceably surrender the Premises, including all alterations,
additio~S, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
prOVided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other
similar building operating equipment and decorations), broom cleaned and in
good condition and repair, reasonable wear and tear excepted. Tenant shall
remove all its property not required to be surrendered to Landlord before
surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property remaining in the Premises at the expiration ofthe
C:\OOCUMENTS AND SETllNGS\EDCfl\MY DOCUMENTS\TOKYO EXPRESS\MONTH m MONll-i LEASE. DOC
4
Lease shal.1 be de.emed abandoned by Tenant, and Landlord may claim the same
and sh.all In no circumstance have any liability to Tenant therefore. If physical
alterations were done by Tenant, Landlord, at its option, may require Tenant to
return Premises to its original condition (condition at occupancy) when Tenant
vacat~s Premises. Upon termination, Tenant shall also surrender all keys for the
Premises to Landlord and, if applicable, inform Landlord of any combinations of
locks or safes in the Premises. If the Premises are not surrendered at the' end of
t.he ~7rm as h~rein above set out, Tenant shall indemnify Landlord against loss or
II~blhty r~s~ltl~g from. delay by Tenant in so surrendering the Premises, including
without limitation, claims made by the succeeding Tenant founded on such delay.
Tenant's obligation to observe or perform this covenant shall survive the
expiration or other termination of the term of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative,to enter
the Premises, upon reasonable notice to Tenant, wi~hout charge thereof to
~andlord and without diminution of the rent payable by Tenant, to examine,
Inspect and protect the same, and to make such alterations and/or repairs as in
the judgment of Landlord may be deemed necessary, or to exhibit the same to
prospective Tenants during the last one hundred twenty (120) days of the term of
this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding
is filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease. Upon such written notice being given by landlord to Tenant, the term
ofthis Lease shall, at the option ofLandlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All
covenants and obligations of Landlord under this Lease shall cease upon the
ex'ecution of such conveyance, transfer or assignment, but such covenants and
obligations shall run with the land and shall be binding upon the subsequent
owner(s) thereof or of this Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to
Landlord or other party designated by Landlord certifying that this Lease is in full
force and effect (or, if there have been modifications, that the same is in full force
and effect as modified and stating the modifications), stating the actual
commencement and expiration dates ofthe Lease, stating the dates to which rent,
and other charges, if any, have been paid, that the Premises have been completed
on or before the date of such certificate and that all conditions precedent to the
Lease taking effect have been carried out, that Tenant has accepted possession,
that the Lease term has commenced, Tenant is occupying the Premises and is
open for business, and stating whether or not there exists any default by either
party contained in this Lease, and ifso specifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
being intended that any such statement delivered pursuant hereto may be relied
upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or
C:\DOCIJMENl>AND SEmNGS\EDCT1\MY DOCUMEN1S\TOKYO EXPRESS\MDN"lH TO MDNTH LEASE.DOC
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prospective mortgage of any mortgage affecting the Premises. If Tenant does not
deliver ~uchstatement to Landlord within such ten (1 0) day period, Landlord may
conclusively presume and rely upon the following facts: (i) that the terms and
provisions ofthis Lease have not been changed except as otherwise represented
by Lan~lord; (ii) that this Lease has not been canceled or terminated except as
otherwise represented by Landlord; (iii) that not more than one (1) month's
minimum rent or other charges have been paid in advance' and (iv) that Landlord
is not in default under the Lease; and (v) no disputes exist: In such event Tenant
shall be estopped from denying the truth of such facts. Tenant shall also, on ten
(10) days' written notice, provide an agreement in favor of and in the form
customarily used by such encumbrance holder, by the terms of which Tenant will
agree to give prompt written notice to any such encumbrance holder in the event
of any casualty damage to the Premises or in the event of any default on the part
of Landlord under this Lease, and will agree to allow such encumbrance holder a
reasonable length ohime after notice to cure or cause the curing of such default
before exercising Tenant's right of self-help under this Lease, jf any, or
terminating or declaring a default under this Lease.
~
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its
agents, employees or invitees, landlord shall diligently and as soon as practicable
after such damage occurs repair such damage at the expense of Landlord,
provided, however, that ifthe Building is damaged by fire or other cause to such
extent that the damage cannot be fully repaired within ninety (90) days from the
date of such damage, Landlord or Tenant, upon written notice to the other, may
terminate this Lease, in which event the rent shall be apportioned and paid to the
date of such damage. During the period that Tenant is deprived ofthe use of the
damaged portion of Premises, Tenant shall be required to pay rental covering only
that part of the Premises that Tenant is able to occupy, and Rent for such
occupied space shall be the total rent divided by the square foot area of the
Premises and multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue for a period of
ten (10) days after the due date of such payment or after written notice of any
such violation or failure to perform by Tenant, then and in any of such events this
Lease shall, at the option of Landlord, cease and terminate upon at least ten (10)
days' prior written notice of such election to Tenant by Landlord, and if such
failure to pay rent or such violation orfailure shall continue to the date set forth
in such notice of termination, then this Lease shall cease and terminate without
further notice to quit or of Landlord's intention to re-enter, the same being hereby
waived, and Landlord may proceed to recover possession under and by virtue of
the provisions of the laws of Virginia, or by such other proceedings, including
re-entry and possession, as may be applicable. If Landlord elects to terminate this
Lease, everything herein contained on the part of Landlord to be done and
performed shall cease without prejudice, however, to the right of Landlord to
recover from the Tenant all rental accrued up to the time of termination or
recovery of possession by Landlord, whichever is later. Should this Lease be
terminated before the expiration of the term of this Lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term ofthis Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available underthe circumstances and if the full rental hereinabove provided shall
not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any
damage or loss of rental sustained by Landlord may be recovered by Landlord, at
C:\DOCUMEN15 AND SETnNGS\EDCTl \MY DOCUMENTS\TDKYD. EXPRESS\MONTH 10 MON1lllEASE.DDC
6
l.andlord's option: at the time of the rel~tting, or in separate actions from time to
time, a~ such ~amage shall have, been made more easily ascertainable by
succesSive relettlngs, or at landlord s option, may be deferred until the expiration
of the term of this lease in which event the cause of action shall not be deemed
to ha~e ac.crue~ until the date of expiration of such term. The provisions
contained In thiS paragraph shall not prohibit any claim landlord may have
against Tenant for anticipatory breach of the unexpired term of this lease.
18. CONDEMNATION If any part of the Building or a substantial part of
the Premises shall be taken or condemned by any governmental authority for any
public or quasi-public use or purpose (including sale under threat of such a
taking) then the term ofthis Lease shall cease and terminate as ofthe date when
title vests in such governmental authority, and the annual rental shall be abated
on the date when such title vests in such governmental authority. If less than a
substantial part of the common area of the Premises is taken or condemned by
any governmental authority for any public or quasi-public Lise or purpose, the rent
shall be equitably adjusted on the date when title vests in such governmental
authority and the Lease shall otherwise continue in full force and effect. Tenant
shall have no claim against landlord (or otherwise) for any portion ofthe amount
that may be awarded as damages as a result of any governmental taking or
condemnation (or sale under threat of such taking or condemnation) or for the
value of any unexpired term of the Lease. For purposes of this Article 18, a
substantial part of the Premises shall be considered to have been taken if more
than fifty percent (50%) of the Premises are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all ofthe covenants, terms and conditions ofthis lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe Premises without molestation
or hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution ofthis Lease.
22. NOTICES All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or by certified or
registered mail, return receipt requested, first-class postage prepaid, (i) if to
Landlord at City of Roanoke, 117 Church. Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ij) if to Tenant, at 32 Market Sauare. SE,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall
automatically renew itself month to month, at twice the Rent rate for the last year
of the lease plus all other charges accruing under this lease, and subject to all
covenants, provisions and conditions herein contained. landlord a~dtenant shall
both have the right to terminate the holdover tenancy upon thirty (30) days
written notice. Tenant shall not interpose any counterclaim(s) in a summary
proceeding or other action based on holdover.
C\DOCUMENTS AND SETllNGS\EDCTI \MY DOCUMENTS\TOKYD EXPRESS\MONTH TO MONTH LEASE.DOC
7
24. BEN~FIT AND BURDEN The provisions of this Lease shall be binding upon,
and shall Inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the
singular number, in any place or places herein in which the context may require
such substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the
parties not contained in this Lease and exhibits, shall not be of any force or effect.
Th is Lease may not be modified, changed or terminated in whole or in part in any
manner otherthan by an agreement in writing duly signed by both parties hereto.
27. I NV ALlDITY OF PARTICULAR PROVISIONS If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable, the remainder of this Lease, or the application of such
provisions to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each provision of this Lease
shall be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate
to the transportation, storage, placement handling, treatment, discharge,
generation, removal production or disposal (collectively "Treatment") of any waste
petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls
(PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and
any substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not
engage in or permit any person or entity to engage in any Treatment of any Waste
on orwhich affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person
or entity, Tenant shall deliverto Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees itwill indemnify, defend. save and hold harmless Landlord
and landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any
and all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by
reason of or arising out of: (a) the breach of any representation or undertaking of
Tenant under this section or (b) arising out of the Treatment of any waste by
Tenant or any licensee, concessionaire, manager or other party occupying or
using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review
C:\DOCUMENlSAND SETTlNGS\EDCT1\MYDOCUMENTS\TDKYO EXPRESS\MONTH TO MONTH LEASE.OOC
8
paperwork associated with Treatment activities in order to confirm Tenant's
compliance with the terms of this Section. landlord may require that Tenant
deli~er. to landl~rd concurrent with Tenant's vacating the Premises upon the
expiration of this lease, or any earlier vacation of the Premises by Tenant, at
Tenant's expense, a certified statement by licensed engineers satisfactory to the
landlo~d, in form and substance satisfactorY to landlord, stating that Tenant, and
any alterations thereto and Tenant's use ofthe Premises complied and conformed.
to all laws relating to the Treatment of any Waste in or affecting the Premises. .
Tenant agrees to deliver upon request from landlord estoppel certificates to
landlord expressly stipulating whether Tenant is engaged in or has engaged in
the Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any
Waste in or affecting the Premises, whether sudden or gradual, accidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
best ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. INSURANCE. Prior to the delivery of possession ofthe Premises
to Tenant, Tenant shall provide landlord evidence satisfactory to landlord (i) that
fire and casualty and workers' compensation policies in amount and in form and
content satisfactory to landlord have been issued by a company or companies
satisfactory to landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ij) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following
paragraph.
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies,satisfactory to landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written
or endorsed so as to protect landlord, its officers, agents and employees as
additIonal insureds. The Tenant agrees that the above stated limits and
coverages are minimum limits and coverages, and that Tenant shall provide such
additional insurance as set forth above, in such amounts and against such risk as
may be required in the landlord's. sole but reasonable judgment, to equal the
amounts and types of coverages carried by prudent owners and operators of
properties similar to the Building. Tenant shall increase such limits at its
discretion or upon reasonable request of landlord but not more often than once
every year and such increases shall not be in excess of generally accepted
standards in the industry. Tenant covenants that certificates of all of the
insurance policies required under this lease, and their renewal or replacement,
shall be delivered to landlord promptly without demand upon the commencement
ofthe term ofthis lease and upon each renewal ofthe insurance. Such policy or
policies shall also provide that it shall not be-cancelled nor shall there by any
change in the scope or amount of coverage of the policy without thirty (30) days
prior written notice to landlord. If same is not provided with ten (10) days after
demand landlord is authorized to secure such policy from such companies as it
deems ~ppropriate and collect from Tenant in such a manner as it deems
appropriate the cost of the premium.
30.
(a)
SECURITY DEPOSIT
AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of
the rent in the last month of the lease with the landlord before the
C:\DDCUMENTS AND SITTINGS\EDCTl \MY DOCUM,N1S\TOKYO EXPRESS\MONTH TO MONTH LEASE.OOC
9
c~mmen~e~~nt of t~is Lease. Such deposit shall be held by Landlord,
without liability for Interest, as security for the faithful performance by
Tenant of all ofthe terms, covenants and conditions of the Lease by Tenant
to be kept ~nd performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of landlord
appropriate and apply any portion of such deposit to the payment of an;
such overdue rent or other sum.
(b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to
keep and perform any of the terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Tenant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
31. .INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise. of Tenant or its employees, servants,
contractors or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and
regulations. Tenant acknowledges and agrees that it will dispose of trash and
grease in the containers designated by the Landlord for such disposal and not
dispose of such substances in a manner that would violate applicable federal,
state and local laws, ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of
the Commonwealth of Virginia and that all claims, disputes, and other matters
shall only be decided by such court according to the laws of the Commonwealth
of Virginia.
34. FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault ofthe party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed
for performance for such act shall be extended by a period equivalent to the
C:\DOCUMEN15 AND SETflNGS\EDCT1\MY DOCUMEN1S\TOKYO EXPRESS\MDN1l1 TO MON1l1lEASE,DDC
10
period of such delay. The provisions of this Section shall not operate to excuse
Tenant from the prompt payment of rent, Common Area Maintenance Fee or any
other payments required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, 'sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to ~he normal operation of
its business. Tenant agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b) Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer.
(c) Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a)' During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of
Tenant that Tenant maintains a drug-free workplace; and (iv) include the
provisions ofthe foregoing clauses in every su bcontract or pu rchase order
of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
(b) For the purposes ofthis section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to
a contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "0" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhe're to L~ndlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
p~rt of this Lease.
39. GUARANTY By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this Lease. Such Guarantor(s) shall first be approved by Landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
C:\OOCUM,N15 AND SETTlNGS\EOCT1\MV ODCUMENTS\TOKYO EXPRESS\MONTH TO MONTH lEA5E.c~OC
11
upon request.
40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis Lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination of this
Lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion of the
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part ofthe Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and Landlord shall not in any manner be held
responsible therefore. The employees of Landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of Landlord.
Intentionallv Omitted
C:\OOCUMENlS AND SETTlNGS\EDCT1\MY OOCUMENmTOKYO EXPRE55\MON1H TO MONTH lEASE.DOC
12
LANDLORD:
CITY OF ROANOKE
J
ATTEST:
Stephanie M. Moon, City Clerk
By: (SEAL)
Print Name: Darlene Burcham
Title: City Manaqer
TENANT:
. TOKYO EXPRESS
B'y:
Print Name:
Title:
(SEAL)
SS#: ______________________________
Approved as to Form:
Assistant City Attorney
\.
i
\
C:\DOCUMENTS AND SITnNGS\EDCTl\MY DOCUM[NTS\TOKYO [XPRESS\MONlH to MONlH LEASE.DOC
13
EXHIBIT A
FLOOR PLAN
C:\DOCUMEN~AND SETTINGS\EDcn\MY DOCUMENTS\TOXYO EXPRES5\MONlH TO MONlH LEASE.OOC
14
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EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
C:\DOCUMfN15 AND 5fTTlNGS\EDCT1\MY DDCUMEN1S\TOKYO EXPRESS\MONTIi TO MONTIi LEASE.DOC
15
,
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EXHIBIT C
MENU
Attach here if Food Court Tenant
C:\OOCUMENTS AND SETllNGS\EDCT1\MV DOCUMENTS\TOKVO EXPRESS\MONnl TO MONn! LEASE,DOC
16
~
10.95
3.Yellow Tail hamachl
4.1'i(~V~(). Izumldal
5.Shirmp ebl
6.Mackerel saba
7.Crab Imnl ~Wi
a.Scallop IlOtatega;
9.0ctopus talm
10.Eel unagi
7.Shumall
wlshrimp. steamed ar deepiried -z,,'\
1i.Smoked Salmon 4.25
12.Smelt Fish Roemasaga 3.85
13.Flying Fish Roe lab/1m 4.25
i4.Salmon Roe ikllra 4.25
i5.Squld Ika 3.85
a.Tokyo Ball
5pcs cream cheese wlsco/lion
BENTO WI soup
3.85
3.25
3.25
3.25
3.25
3.99
3.25
3.85
5.50
ii.Roanoke Roll
Spicy luna wi crut1chy
5.50
(
COMBO MENU
i.Sushl Regular
6pcs cali. 4po mgirl
2.Sushl Deluxe
6pa cali, 6pa nigiri
3.RolI Combo
C(1/~ cucw"ber" tuno
7.55
8.65
8.65
4.Splcy Roll Combo
11",0. celi, salmon
5. Tuna Combo 1095
3pcs 308M",', 3pcs nigirl. 6pcs roll .
6.Salmon Combo
Jpcs sashlml. Jpcs III girl, 6pa roD 9.95
Ip~~!~~t~,J:~n~?rl~6~~rolll1.95
a.Sushl Sashlml Combo
6pcs sash/mi, "pet nigirl. 6pcs cofi 11.50
9.Vegetables Combo
Avocado, CJlcumber; asparagus 7.55
i0.Hand Roll Combo
1ilna, eel, coli 7.99
10.50
~.BO~~
.'~~?'<~'" ...
.BOXC
?- ,
.Tuna Roll
.Salmon Roll 3.95
.Yellow Tail Roll 4.25
4.Avocado Roll 3.65
5.Cucumber Roll 3.65
6.Asp'aragus Roll 3.55
.Callfornia Roll 4.35
a.Eel & Avocado Roll 4.75
.Tuna & Avocado Roll 4.75
. .i0.Alaskan Roll
Smoked salmon 4.75
wla\lOCCldo. cucumber
.BO?, P
TERIYAKI
1.Chicken
2.Beef
3.Shrlmp
4.Shrlmp & Chicken
5.Beef & Chicken
6.Seafood
7.Vegetable
. -
5.95
6.45
6.90
6.90
6.45
7.50
1i.Sashiml
llJpcs assarledfiwhjish
,i2.Chlrashl
Assortedfresh cuts offISh Qlld
vegetable on bed of seasoned rice
10.30
.....Sushl Platter
50.00/70.00/100.00
2.Sashimi Platter
50.00/70.00/100.00
.,3.Sushl & Sashlmi Platter
50.00/70.00/100.00
THANK YOU
4.75
1.Rock'n Roll
JIvo;;ada, eel.j'lSh egg
.Dynamite Roll
Shrimp telllpura
.Rainbow Roll
Trina, solmoll. snapper, shrimp.
ovocado
.Caterpilla Roll
Avocado, eel, cucumber
6.95
7.95
8.95
EXPRESS
8.95
32 Market Sq. 5.E Roanoke. VA 24011
1m 540-981-2200
7.Avocado Salad
.007 Roll
Shrimp wI california roll
.California Cream Maid 495
Baked cali wi mayc sauce .
2.99
7.95
"Consuming raw or undercooked meats,
poultry, seafood, shellfish or e9gs mey
Increase your risk of food borne illness.
..J
EXHIBIT 0
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if reque'sted by
Landlord, in a Dumpster or similar contarner furnished and serviced at
Tenant's expense.
2. Tenant shall keep lights on in show windows, leased food court space
and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
5. No solicitation material shall be displayed inside the bUilding or affixed
to the exterior of the building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
8. Tenant is responsible for the replacement of light bulbs in its space
9. Tenant is responsible for the replacement of air-filters and the monthly
main'tenance of their exhaust fans in its Premises by a licensed
contractor on a basis predetermined by the Landlord.
10. Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (Applies only to Food Court Vendors) Providing the availability of space
for the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment
(unused or in disrepair) is to be stored in the area under any
circumstances. Any prohibited items stored in this area will be removed
at Tenant's expense. Tenant's not maintaining their own storage space
per Health and Fire code requirements will be assessed a $100.00 fee
per occurrence. If a Tenant's space is in violation more than three times
in a given year, Landlord will rescind Tenant's option to use available
space.
C:\DOCUMENlSAND SrrnNGS\EDCTl\MY DOCUMEN1S\TOKYO EXPRESS\MDNYH TO MONYH lEASE.OOC
17
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or
displayed on walls, windows, or any part of the outside or the inside of the
Building including the directories, in place, number, size, color and style,
unless approved by Landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, canopy, decoration,
lettering, advertising matter or other thing as may be approved in good
condition and repair at all times. Landlord shall have the right to prohibit any
advertisement of Ten ant which in its opinion tends to impair the reputation of
the BUilding or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
C:\DOCUMENTS AND SEmNGS\EDCT1\MY DOCUMENTS\TOKYO EX~RESS\MONTH TO MONTH LEASE.DOC
18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
C:\DOCUMEN-r.i AND SEmNGS\mcn\MV .COCUMENTS\TDKYO EXPRESS\MONllj TO MONlH lEASE.coe
19
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The R~anoke 'Times
- - - - -' - - - - - - - - - - - - - - - - - - - - - - - - - - - -,- - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11204914
N-Tokyo Express (12-
State of Virginia
City of Roanoke
I, (the unders igned) an authori zed representa t i ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
___~~day of Dec 2008. Witness my hand and
official seal.
~I'"\_(\/'\.",,\"~ \CA. 0__ \"'. Notary Public
My-~~~~~~i~~6~____Uli31=jJ_.
PUBLISHED ON:
12/05
\",'"11',#,
",,,, \J'f A Lq "'"
...,'" ~~...........y~ '......
"",,~.., NOTARY ". ~ -:.
~ "v.. PUBLIC '. I-' ~
~ * :' REG. #7090930": * ~
= :. MY COMMISSION: :
:. 0.. EXPIRES .. "t'::
:. ~"" I ()-3l-I!~' ~ ~
''''~'','' .' ~ ~
-:. "O;J1t .......,. '~~ ...'
,I?,,: YtALTH a1( ...~~
J f _~ _\~~, .~
,II/ern'"
TOTAL COST:
FILED ON:
190.32
12/05/08
I
I
I
I
I
I
I
I
I
,
I
Ii . NOnCE OF 'PUBLlC
I'HEARING '. .' \
I,The:Cltyof Roanoke \
I 'p r o,p o's e s .t 01 e a s e .
approximately 182 square
I feet of City-owned property
located in the Roanoke City :
I Market Building, located ~t ,
32 Market Square, to Eddie I
ISoo Park, d/b/a Tokyo:
Express; to. be used to I
I 'operate a Japanese'l
ir est a u ran t, 0 n . a
I !month-to-month term baSIS,
"commenCing, January 1,
:2009, such terms not to
I [exceed one year. .'
: I' P u rs u ant tot h e
I"requirements of
~ ~ 1 5 .2 - 1 8 0,0 a .n d
" 15.2-1813, Code of Virgl~la
(1950) as amended, notl~e
I Is hereby given that the City
Council of the City of
II Roanoke will hold a public
hearing on the above maller
, at its regular meeting to be
held December 15, 200~,
I commencing at 7:00 p.m., '"
I the Council Chambers, 4th
Floor 'Noel C; Taylor'
I Municipal Building, 215
Church A,venue, S. W.,
I Roanoke, Virginia. 2401~,
Further information IS
I available from the Office of
the City CI,erk for the City of
I Roanoke at (540) 853-2541. ,
Citizens shall have the
I opportunity to be ~e.ard and
I express their Opinions on
said maller. ' .'
I If you are a person with a,
'disability who needs
I ',- --...,.--- . - ..'~. " -
I
I
I
I
,
I
I
~-'-----:-;
-\accommOdatlOnS for thl~
hearing, please contact the,
ICity Clerk's Office a,t, (540)
853.2541, before 12:00
noon on December 11,:
12008. ' .'
GIVEN under my hand thiS
~1st day of December, 2008. :
Stephanie M. Moon:
City Clerki ,
, , ,
(11204914) , ,
-'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized~. ~ ~
Signature '-ttA4<:A. -- ~~T~
Billing Services Representative
090
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 182 square feet of City-owned property
located in the Roanoke City Market Building, located at 32 Market Square, to Eddie Soo Park, d/b/a
Tokyo Express, to be used to operate a Japanese restaurant, on a month-to-month term basis,
commencing January 1, 2009, such terms not to exceed one year.
Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held December 15, 2008, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W:, Roanoke, Virginia, 24011. Further information is available from the Office of the
City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on December 11,2008.
GWEN under my hand this 1st day of December ,2008.
Stephanie M. Moon
City Clerk
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 5, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Brian Brown .
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
K:\Notices\2008\December\N-Hertz Lease.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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38322-121508 authorizing the lease of
635 square feet of space located within City-owned property located in the City
Market Building, on a month-to-month basis, to Elias Azar, d/b/a Azar Jewelry,
Inc., commencing on January 3, 2009, for a term not to exceed twelve (12)
months, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regu lar meeting held on Monday, December 1 5, 2008, and is in
full force and effect upon its passage.
Sincerely,
.~~ hi. ~Oyv
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
December 16, 2008
Page 2
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, EconomicDevelopment Specialist
OiL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38322-121508.
AN ORDINANCE authorizing the lease of 635 square feet of space located within City-
owned property located in the City Market Building, on a month-to-month basis to Elias Azar, d/b/a
Azar Jewelry, Inc., commencing on January 3,2009, for a term not to exceed twelve (12) months;
and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 15, 2008, pursuant to SS15.2-1800(B)
and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Elias Azar, d/b/a Azar
Jewelry, Inc., for the lease of approximately 635 square feet of space located within City-owned
property in the City Market Building, for a jewelry store and jewelry repair shop, on a month-to-
month basis, not to exceed twelve (12) months, commencing January 3, 2009, upon certain terms and
conditions, and as more particularly described in the City Manager's letter to this Council dated
December 15, 2008.
2. Pursuant to the provisions of Sect ion 12 ofthe City Charter, the second readingofthis
ordinance by title is hereby dispensed with.
ATTEST: ,\ j '-: i~ Ii
A~~.~~
City Clerk.
L:\ATTORNEY\CASHARE\Market Building 2008\Measure Azar Jewlery lease 12 15 08.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Azar
Jewelry, Inc. in City Market
Building
Background:
The City of Roanoke owns the City Market Building located at 32 Market
Square, Roanoke, Virginia 24011. Elias Azar, the owner and operator of Azar
Jewelry, Inc. has requested a renewal of his lease for stall #110, which
consists of 418 square feet of space to sell and/or repair jewelry. Mr. Azar
has also requested an additional space for lease, stall #109 which is
immediately adjacent to his current location and consists of 217 square feet
of space to expand his jewelry showcases. The current lease for stall #110
expires January 2, 2009. The new lease term for the combined spaces is
month to month, not to exceed twelve months, effective January 3, 2009.
The proposed agreement establishes a base rent to be paid as provided by
the following schedule:
Square Footage Per Square Foot Monthly Rent Annual Rent
Amount Amount Amount
418 $28.00 $975.33 $11,703.96
217 $28.00 $506.33 $6,075.96
635/Total $1,481.66 $17,779.92
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
The Common Area Maintenance fee, to be paid in addition to the rental
amount described above, is $250.00 per month. There is no renewal
provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with EIi.as Azar
d/b/a Azar Jewelry, Inc., for 635 square feet of space in the City Market
Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period
of month to month, effective January 3, 2009, not to exceed twelve (12)
months. Such lease shall be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB/c1t
c: Stephanie M. Moon, City (Ierk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00 1 99
LEASE
Between
THE CITY OF ROANOKE
And
Elias Azar d/b/a Azar Jewelry, Inc.
LEASE
INDEX
HEADING
PAGE
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
2
LANDLORD OBLIGATIONS
2
TENANT'S OBLIGATIONS
USE OF PREMISES
3
3
EXCLUSIVITY
4
ASSIGNMENT AND SUBLETTING
1M PROVEM ENTS
4
4
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
4
4
4
TRANSFER OF LANDLORD'S INTEREST
5
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
5
5
DEFAULT OF TENANT
6
CONDEMNATION
COVENANTS OF LAN DLORD
6
-6
NO PARTNERSHIP
BROKERS COMMISSION
7
7
NOTICES
7
HOLDING OVER
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER
ENTIRE AGREEMENT
INVALIDITY OF PARTICULAR PROVISIONS
7
7
7
I
HAZARDOUS SUBSTANCES)
INSURANCE
SECURITY DEPOSIT
7
INDEMNIFICATION
8
9
9
COMPLIANCE WITH LAWS AND REGULATIONS
10
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
10
10
10
10
RULES AND REGULATIONS
SIGNAGE
11
11
GUARANTY
11
LIABILITY OF LANDLORD
11
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
11
11
Exhibit A
Floor Plan
Exhibit B
Common Area Floor Plan
Exhibit C
Menu
Exhibit D
Rules and Regulations
Exhibit E
Sign Regulations
Exhibit F
Guaranty
II
LEASE
THIS LEASE is made this ____day of ______________2008 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Elias Azar d/b/a
Azar Jewelry, Inc. (hereinafter referred to as 'Tenant"),
WITNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties
hereto mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord, for the term and upon the conditions hereinafter provided, a
section of the building known as the Roanoke City Market Building (herein
referred to as the "Building") located at 32 Market Square, Stalls #109 and 110.
Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter
referred to as the "Premises." The Prel]:1ises consists of approximately 635 square
feet of space.
2. TERM The term of this Lease shall commence on January 3,
2009. ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on Januarv
.:u... 2009. Unless written notice is given by the City at least sixty (60) days prior
to the end ofthe initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms and conditions as the prior month, and upon the mutual agreement of
the parties. Provided that such renewal terms shall not exceed a maximum of
eleven (11) months. A key will be given to Tenant upon execution of the Lease.
3. 'BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
. f h h f h L d' h f II' h d I
PremIses or eac mont o t e ease accor Inq to t e 0 oWing sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
1/01/09 635 $28.00 $1481.67 $17,780.04
to
1/31 /09
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe month. In the
event the Commencement Date is other than the first day of a calendar month,
the Base Rent ("Rent") (as well as the Com'mon Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated
on the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time
of execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment. All delinquent
1
rent, and other charges due under this Lease shall accrue interest at a rate equal
to the current prime rate, as established by the United States Government, plus
two percent (2%) per month or the maximum amount permitted by law, from the
due date of such payment and shall constitute additional rent payable by Tenant ;
under this Lease and shall be paid by Tenant to Landlord upon demand. Payment
shall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient funds check). Tenant shall pay rent to Landlord
at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other
party or at such other address as Landlord may designate from time to time by
written notice to Tenant, without demand. Checks shall be made payable to
Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein.
The Common Area Maintenance Fee for this lease will be a flat fee charge of Two
Hundred Fiftv Dollars ($250.00) per month. These fees will increase by three
(3%) percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of
every kind and nature paid or incurred by Landlord in operating, managing,
equipping, policing, lighting, repairing, replacing items in the Building and
maintaining the Building. Such costs and expenses will include, but not be limited
to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is speCifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas ofthe Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
(j) sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental
and hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize landlord~o use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to prOVide such services,
(0) All costs and expenses associated with landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B prOVided by
Landlord for common or joint use and benefit ofthe tenants of the Building, their
employees, agents, servants, customers and invitees. The Common AreasJurther
include, without limitation, roofs, walls, vacant areas, food court,elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
2
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. landlord shall have the right to modify the Common
Areas from time to time as deemed reasonable by landlqrd.
S. LANDLORD'S OBLIGATIONS landlord hereby agrees to provide and be
responsible for the following:
(a) make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical
wiring, heating and air conditioning systems, toilets, water pipes, gas,
plumbing, other electrical fixtures and the exterior and interior walls.
Structural and capital repairs to Tenant's Premises are specifically excluded.
(b) pay forthe cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use
of funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees
to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this lease.
(a) Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term ofthis lease, ordinary wear and tear excepted,
and not use any part of the Premises orthe Common Areas ofthe Building
in a negligent manner. ..
(b) Tenant shall take good care ofthe Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto,and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c) Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted. .
(d) Tenant shall operate its business as described in Section 7 of this lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this lease.
7. USE OF PREMISES The Premises shall be used forthe purpose of
conducting therein the sale and repair of jewelry. Tenant covenants and agrees
that at all times during the term hereof, Tenant will actively conduct such a
business in the Premises, keep the Premises amply stocked with good and fresh
merchandise and keep the Premises open for business during the customary
business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day,
Monday through Saturday) ofthe Buildingas established or as may be amended
by landlord and (ii) the Premises shall be used only for such purpose. The
Building will be closed for the following Holidays or as observed: New Year's Day,
Memorial Day, labor Day, Thanksgiving Day and Christmas Day. Nothing herein
shall require the City of Roanoke to open the Building outside of the above
3
designated hours. The Premises shall not be used for any other purpose without
the written permission of Landlord. Tenant shall not open the Building to the
public outside of the customary business hours or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant as outlined in attached
menu noted as Exhibit "C". Tenant must obtain written approval of Landlord
before adding any item, other than soft drink beverages, to its menu and shall pay
a $100 per item to the Landlord ifTenant does not obtain such approval. If menu
changes persist beyond thirty (30) days without the written approval of the
Landlord the tenant is thereby in default of its Lease. Landlord and Tenant
acknowledge that it is the intent of the parties that current and prospective
tenants of the Building not be allowed to market products that would impairthe
sales of the other tenants of the Building. Accordingly, Landlord agrees not to
lease to tenants selling similar food, cuisine or fare as existing tenants of the
Market Building, as determined in the sole discretion ofthe Landlord, or which
will in the opinion ofthe Landlord be inconsistent with the intended uses of the
Building. Tenant further agrees not to market any product that would impair a
current Tenant's sales. Tenant acknowledges and agrees that if there is any
disagreement over whether any item sold by a tenant is an item sold byanother
tenant of the Building that would impair Tenant's sales; such dispute shall be
determined and resolved in the Landlord's sole discretion.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by
Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
Landlord in writing, attaching a copy of such offer, of Ten ant's desire to sublet or
assign this Lease upon the terms of such offer, wh~reupon Landlord shall have
thirty (30) days to accept or reject such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations,
redecorations, or improvements in 'and to the Premises in writing beforehand.
Such alterations, redecorations, additions, or improvements shall conform to all
applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and
regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other
similar building operating equipment and decorations), broom cleaned and in
good condition and repair, reasonable wear and tear excepted. Tenant shall
remove all its property not required to be surrendered to Landlord before
surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property remaining in the Premises at the expiration of the
Lease shall be deemed aban'doned by Tenant, and Landlord may claim the same
and shall in no circumstance have any liability to Tenant therefore. If physical
alterations were done by Tenant, Landlord, at its option, may require Tenant to
return Premises to its original condition (condition at occul?ancy) when Tenant
4
vacates Premises. Upon termination, Tenant shall also surrender all keys for the
Premises to Landlord and, if applicable, inform Landlord of any combinations of
locks or safes in the Premises. If the Premises are not surrendered at the end of
the term as herein above set out, Tenant shall indemnify Landlord against loss or
liability resulting from delay by Tenant in so surrendering the Premises, including
withoutfimitation, claims made by the succeeding Tenant founded on such delay.
Tenant's obligation to observe or perform this covenant shall survive the
expiration or other termination of the term of this Lease.
c
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to
Landlord and without diminution of the rent payable by Tenant, to examine,
inspect and protect the same, and to make such alterations and/or repairs as in
the judgment of Landlord may be deemed necessary, or to exhibit the same to
prospective Tenants during the last one hundred twenty (120) days ofthe term of
this lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding
is filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, landlord shall have the option of terminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
ofthis Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
J 4. TRANSFER OF lANDLORD'S INTEREST landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All
covenants and obligations of landlord under this Lease shall cease upon the
execution of such conveyance, transfer or assignment, but such covenants and
obligations shall run with the land and shall be binding upon the subsequent
owner(s) thereof or of this Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (l0) days' prior notice by landlord, to execute,
acknowledge and deliver to landlord, a statement in writing addressed to
landlord or other party designated by landlord certifying that this Lease is in full
force and effect (or, ifthere have been modifications, that the same is in full force
and effect as modified and stating the modifications), stating the actual
commencement and expiration dates ofthe lease, stating the dates towhich rent,
and other charges, if any, have been paid, that the Premises have been completed
on or before the date of such certificate and that all conditions precedent to the
Lease taking effect have been carried out, that Tenant has accepted possession,
that the Lease term has commenced, Tenant is occupying the Premises and is
open for business, and stating whether or not there exists any default by either
party contained in this lease, and if so specifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
being intended that any such statement delivered pursuant hereto may be relied
upon by Landlord or a purchaser of landlord's interest and by any mortgagee or
prospective mortgage of any mortgage affecting the Premises. If Tenant does not
deliver such statement to Landlord within such ten (10) day period, Landlord may
conclusively presume and rely upon the following facts: (i) that the terms and
provisions ofthis lease have not been changed except as otherwise represented
by Landlord; (ii) that this lease has not been canceled or terminated except as
5
otherwise represented by Landlord; Oii) that not more than one (l) month's
minimum rent or other charges have been paid in advance; and (iv) that Landlord
is not in default under the Lease; and (v) no disputes exist. In such event Tenant
shall be estopped from denying the truth of such facts. Tenant shall also, on ten
(J 0) days' written notice, provide an agreement in favor of and in the form
customarily used by such encumbrance holder, by the terms of which Tenant will
agree to give prompt written notice to any such encumbrance holder in the event
of any casualty damage to the Premises or in the event of any default on the part
of Landlord under this Lease, and will agree to allow such encumbrance holder a
reasonable length oftime after notice to cure or cause the curing of such default
before exercising Tenant's right of self-help under this Lease, if any,. or
terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its
agents, employees or invitees, Landlord shall diligently and as soon as practicable
after such damage occurs repair such damage "at the expense of Landlord,
provided, however, that ifthe Building is damaged by fire or other cause to such
extent that the damage cannot be fully repaired within ninety (90) days from the
date of such damage, Landlord or Tenant, upon written notice to the other, may
terminate this Lease, in which event the rent shall be apportioned and paid to the
date of such damage. During the period that Tenant is deprived ofthe use ofthe
dam_aged portion of Premises, Tenant shall be required to pay rental covering only
that part of the Premises that Tenant is able to occupy, and Rent for such
occupied space shall be the total rent divided by the square foot area of the
Premises and multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue for a period of.
ten (10) days after the due date of such payment or after written notice of any:
such violation or failure to perform by Tenant, then and in any of such events this
Lease shall, at the option of Landlord, cease and terminate upon at least ten (l0)
days' prior written notice of such election/to Tenant by Landlord, and if such
failure to pay rent or su'ch violation or failure shall continue to the 'date set forth
in such notice of termination, then this Lease shall cease and terminate without
further notice to quit or of Landlord's intention to re-enter, the same being hereby
waived, and Landlord may proceed to recover possession undet and by virtue of
the provisions of the laws of Virginia, or by such other proceedings, including
re-entry and possession, as may be applicable. If Landlord elects to terminate this
Lease, everything herein contained on the part of Landlord to be done and
performed shall cease without prejudice, however, to the right of Landlord to
recover from the Tenant all rental accrued up to the time of termination or
recovery of possession by Landlord, whichever is later. Should this Lease be
terminated before the expiration ofthe term of this Lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term ofthis Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available under the circumstances and ifthe full rental hereinabove provided shall
not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any
damage or loss of rental sustained by Landlord may be recovered by Landlord, at
Landlord's option, at the time ofthe reletting, or in separate actions from time to
time, as such damage shall have been made more easily ascertainable by
successive relettings, or at landlord's option, may be deferred until the expiration
of the term of this Lease in which event the cause of action shall not be deemed
to have accrued until the date of expiration of such term. The provisions
contained in this paragraph shall not prohibit any claim Landlord may have
6
against Tenant for anticipatory breach of the unexpired term ofthis Lease.
18. CONDEMNATION If any part of the Building or a substantial part of
the Premises shall be taken or condemned by any governmental authority for any
public or quasi-public use or purpose (including sale under threat of such a
taking) then the term ofthis Lease shall cease and terminate as ofthe date when
title vests in such governmental authority, and the annual rental shall be abated
on the date when such title vests in such governmental authority. If less than a
substantial part of the common area of the Premises is taken or condemned by
any governmental authority for any public or quasi-public use or purpose, the rent
shall be equitably adjusted on the date when title vests in such governmental
authority and the Lease shall otherwise continue in full force and effect. Tenant
shall have no claim against Landlord (or otherwise) for any portion of the amount
that may be awarded as damages as a result of any governmental taking or
condemnation (or sale under threat of such taking or condemnation) or for the
value of any unexpired term of the Lease. For purposes of this Article 18, a
substantial part of the Premises shall be considered to have been taken if more
than fifty percent (50%) of the Premises are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all ofthe covenants, terms and conditions ofthis Lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession of the Premises without molestation
or hindrance by Landlord or any party claiming through or under Landlord.
,20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease.
22. NOTICES All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or by certified or
registered mail, return receipt requested, first-class postage prepaid, (j) if to
landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Square. SE,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall
automatically renew itself month to month, at twice the Rent rate for the last year
of the Lease plus all other charges accruing under this Lease, and subject to all
covenants, provisions and conditions herein contained. Landlord and tenant shall
both have the right to terminate the holdover tenancy upon thirty (30) days
written notice. Tenant shall not interpose any counterclaim(s) in a summary
proceeding or other action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the
singular number, in any place or places herein in which the context may require
7
such substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the
parties not contained in this lease and exhibits, shall not be of any force or effect.
This Lease may not be modified, changed orterminated in whole or in part in any
manner otherthan by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS If any provision ofthis lease or
the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable, the remainder ofthis Lease, or the application of such
provisions to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each provision ofthis Lease
shall be valid and be enforced to the fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations'thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("laws") which relate
to the, transportation, storage, placement handling, treatment, discharge,
generation, removal production or disposal (collectively "Treatment") of any waste
petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls
(PCB), asbestos, lead-based paint, or other hazardous materials ,of any kind, and
any substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not
engage in or permit any person or entity to engage in any Treatment of any Waste
on or which affects the Premises.
Immediately upon receipt of anY Notice (as hereinafter defined) from any person
or entity, Tenant shall deliver to Landlord a true, correct and complete copy ofany
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any
and all damages, claims, liabilities, loss, costs and expense {including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by
reason of or arising out of: (a) the breach of any representation or undertaking of
Tenant under this section or (b) arising out of the Treatment of any waste by
Tenant or any licensee, concessi.onaire, manager or other party occupying or
using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review
paperwork associated with Treatment activities in order to confirm Tenant's
compliance with the terms of this Section. Landlord may require that Tenant
deliver to landlord concurrent with Tenant's vacating the Premises upon the
expiration of this Lease, or any earlier vacation of the Premises by Tenant, at
Tenant's expense, a certified statement by licensed engineers satisfactory to the
Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and
any alterations thereto and Tenant's use ofthe Premises complied and conformed
to all Laws relating to the Treatment of any Waste in or affecting the Premises. .
8
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in
the Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any
Waste in or affecting the Premises, whether sudden or gradual, accidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
best of the Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. INSURANCE Prior to the delivery of possession of the Premises
to Tenant, Tenant shall provide landlord evidence satisfactory to landlord (i) that
fire and casualty and workers' compensation policies in amount and in form and
content satisfactory to landlord have been issued by a company or companies
satisfactory to landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following
paragraph.
Tenant will, at all times commencing on the date of delivery of possession ofthe
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written
or endorsed so as to protect Landlord, its officers, agents and employees as
additional insureds. The Tenant agrees that the above stated limits and
coverages are minimum limits and coverages, and that Tenant shall provide such
additional insurance as set forth above, in such amounts and against such risk as
may be required in the Landlord's sole but reasonable judgment, to equal the
amounts and types of coverages carried by prudent owners and operators of
properties similar to the Building. Tenant shall increase such limits at its
discretion or upon reasonable request of Landlord butnot more often than once
every year and such increases shall not be in excess of generally accepted
standards in the industry. Tenant covenants that certificates of all of the
insurance policies required under this Lease, and their renewal or replacement,
shall be delivered to landlord promptly without demand upon the commencement
of the term of this Lease and upon each renewal ofthe insurance. Such policy or
policies shall also provide that it shall not be cancelled nor shall there by any
change in the scope or amount of coverage ofthe policy without thirty (30) days
prior written notice to Landlord. If same is not provided with ten (10) days after
demand, landlord is authorized to secure such policy from such companies as it
deems appropriate and collect from Tenant in such a manner as it deems
appropriate the cost of the premium.
30. SECURITY DEPOSIT
(a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of
the rent in the last month of the Lease with the Landlord before the
commencement of this Lease. Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant of all ofthe terms, covenants and conditions ofthe Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the landlord may, at the option of landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other sum.
9
(b) ,USE AND RETURN OF DEPOSIT In the event of the failure of Ten ant to
keep and perform any of the terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Tenant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
'nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise, of Tenant or its employees, servants,
contractors or agents.
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and
regulations. Tenant acknowledges and agrees that it will dispose of trash and
grease in the containers designated by the Landlord for such disposal and not
dispose of such substances in a manner that would violate applicable federal,
state and local laws, ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of
the Commonwealth of Virginia and that all claims, disputes, and other matters
shall only be decided by such court according to the laws of the Commonwealth
of Virginia.
34. 'FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power; restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed
for performance for such act shall be extended by a period equivalent to the
period of such delay. The provisions of this Section shall not operate to excuse
Tenant from the prompt payment of rent, Common Area Maintenance Fee or any
other payments required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
10
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
its business. Tenant agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b)
Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Ten ant, will state that Tenant is an equal opportunity employer.
Tenantwill include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
(c)
36.
DRUG-FREE WORKPLACE:
(a)
During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of
Tenant that Tenant maintains a drug-free workplace; and (iv)include the
provisions ofthe foregoing clauses in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
(b)
For the purposes ofthis section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to
a contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease.
39. GUARANTY By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this Lease. Such Guarantor(s) shall first be approved by Landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
upon request. !
40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis Lease Agreement, from the
necessity of repairing any portion ofthe Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, orthe termination ofthis
11
lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part of the Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and Landlord shall not in any manner be held
responsible therefore. The employees of landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of Landlord.
Intentional Iv Omitted.
12
ATTEST:
Stephanie M. Moon, City Clerk
Approved as to Form:
Assistant City Attorney
LANDLORD:
CITY OF ROANOKE
~: ~~U
Print.Name: Darlene Burcham
Title: City Manaqer
TENANT:
ELIAS AZAR 0/8/ A AZARJEWElEY, INC.
By:
Print Name:
Title:
(5 ~Ll
55#: ______________________________
13
EXHIBIT A
FLOOR PLAN
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15
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EXHIBIT C
MENU
Attach here if Food Court Tenant
16
',->
EXHIBIT D
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if requested by
landlord, in a Dumpster or similar container furnished and serviced at
Tenant's expense.
2. Tenant shall keep lights on in show windows, leased food court space
and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of landlord.
5. No solicitation material shall be displayed inside the building or affixed
to the exterior of the building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
8. Tenant is responsible for the replacement of light bulbs in its space
9. Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed
contractor on a basis predetermined by the Landlord.
10. Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (Applies only to Food Court Vendors) Providing the availability of space
for the purpose of storage, landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health and Fire codes. No restaurant equipment
(unused or in disrepair) is to be stored in the area under any
circumstances. Any prohibited items stored in this area will be removed
at Tenant's expense. Tenant's not maintaining their own storage space
per Health and Fire code requirements will be assessed a $100.00 fee
per occurrence. If a Tenant's space is in violation more than three times
in a given year, landlord will rescind Tenant's option to use available
space.
17
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or
displayed on walls, windows, or any part of the outside or the inside of the
Building including the directories, in place, number, size, color and style,
unless approved by Landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, canopy, decoration,
lettering, advertising matter or other thing as may be approved in good
condition and repair at all times. Landlord shall have the right to prohibit any
advertisement of Ten ant which in its opinion tends to impair the reputation of
the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
19
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE:
80084300
11204933
N-Azar Jewelry Lease
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~nia. Sworn and subscribed before me this
__~~_day of Dec 2008. Witness my hand and
official seal.
~" r-M.."'~ ~.qC'~'~('1A~JO-Notary Pub~ic-
My-~;~~~~~~~~1J~:_~__JLG_~_U_.
)
-I
NOnCE OF PUBLIC r
HEARING !
The City of Roanokel
proposes to leasej
approximately 6~5 squarel
feet of City-owned property
located In the Roanoke City i
Market Building, located at I
32 Market Square, to Elias
Azar, d/b/a ~zar Jewelry,:
Inc., to be used to sell and I
repair jewelry, on a
month.to-month term basis, '
commencing January 1,
2009, such terms nono:
i exceed one year.
~p u 'r sua n t t 0 fh e
requirements ,of
~~15;2-1800~and
15.2-1813, Code of Virginia'
(1950) as amended, notice,
Is hereby given that the City I
Council of the City of
Roanoke will hold a.publlc
hearing on the above matter
at Its regular meeting to be
held December 15, 2008,
commencing at 7:00 p,m., in
the Council Chambers, 4th
Floor, Noel C.. Taylor
Municipal Building, 215
Church Avenue, S,W"I
Roanoke, Virginia, 24011.'
Further Information is!
available from the Office of I
the City Clerk for the City of'
R,oanoke at (540) 853-2541. i
Citizens shall ~have the-
opportunity t,o be he~ a~ rd and\~
express their opinions on
said matter.
If you are a person.wlth'a
-disability who needs
Ll!.ccommodations for this
.hearlng, please contact the'
City Clerk's Office at (540)
B53-2541, before 12:00 . ~
~gg; on December 11,
GIVEN under my hand this
1st day of December, 2008.
Stephanie M. Moon I
~Ity clerkl
(11204933)
\\\'Hdi.'.
'\\...., Af A""
, t"'\ "' '-"1 Y: i,
", ~V ...... 4t.. ""
/ ~~.., NOTARy.... .:1--\
: lJj .. PUBLIC '. ~
= * : REG. #7090930 ~ * -=
: : MY COMMISS10!,-! : ~-q:' =
-:. C' -..ft)IRl..q ...JI .: ~ ~
~ ~~.. . "30.- ~.:-
-:'-~" ~ . ." ~.,
TOTAL COST: 187 .20 "'''",,~I/t~/~~ ~T~'~~~~""
FILED ON: 12/05/08 "f';'!~.-,:",.\'
- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - -' - - - - - - - - - - - - - - - - -
PUBLISHED ON:
12/05
AuthorizedY;;:; W-m
Signature'_,,~~__L~t~
Billing Services Representative
fIZ-
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 635 square feet of City-owned property
located in the Roanoke City Market Building, located at 32 Market Square, to Elias Azar, dIb/aAzar
. Jewelry, Inc., to be used to sell and repair jewelry, on a month-to-month term basis, commencing
January 1,2009, such terms not to exceed one year.
Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held December 15,2008, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the
City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on December 11,2008.
GWEN under my hand this 1st day of December, 2008.
Stephanie M. Moon
City Clerk
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 5, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
. 215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
K:\Notices\2008\December\N-Hertz Lease.doc
Send bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virgihia 24011-1536
. Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December '16, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager'
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38323-121 508 authorizing the City
Manager to execute a lease agreement with The Hertz Corporation for
approximately 87,120 square feet of City-owned property located at
1302 Municipal Road, N. W., for a period of nineteen months, retroactive to
December 1, 2008, and expiring June 30, 2010, upon certain terms and
conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regu lar meeting held on Monday, December 1 5, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
~...: A~ hi. ~tyv
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
Darlene L. Burcham
December 16, 2008
Page 2
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
(j}QL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38323-121508.
ANORDINANCE authorizing the City Manager to execute a lease agreement with The
Hertz Corporation for approximately 87,120 square feet of City-owned property located at 1302
Municipal Road, N.W., Roanoke, Virginia, for a period of nineteen months, retroactive to
December 1, 2008, and expiring June 30, 2010; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on December 15, 2008, pursuant to 9915.2-
1800(B) and 15.2-181:3, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunit)' to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with The Hertz Corporation,
for the lease of approximately 87,120 square feet of City-owned property located at 1302
Municipal Road, N.W., Roanoke, Virginia, for an automobile rental establishment, for a period
of nineteen months, retroactive to December 1, 2008, and expiring June 30, 2010, upon certain
terms and conditions, and as more particularly described in the City Manager's letter to this
Council dated December 15, 2008.
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:) ,
~-tq1:i:~tn. ~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15,2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Hertz
Car Rental
Background:
The Hertz Corporation currently leases approximately 87,120 square feet
of city-owned property identified as tax map number 6640123, also
known as 1302 Municipal Road, N.W., Roanoke, Virginia, for the purposes
of operating an automobile rental establishment. Hertz has leased this
property since 1968. The current lease agreement expired November 30,
2008.
The Hertz Corporation has requested to extend the lease agreement for
an additional nineteen (19) months, retroactive back to December 1,
2008 through June 30, 2010. A copy of the proposed agreement is
attached. The proposed agreement establishes a yearly rate of $29,658
or $2471.50 monthly for the first year with an increase of 3% for the
remaining seven months. The annual rental, which will be paid in
monthly installments, shall be as follows:
Dec. 1, 2008 - Nov. 30, 2009
Dec. 1, 2009 - June 30, 2010
$29,658
$30,548
$2,471.50 er month
$2,545.67 er month
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
Recommended Action:
Following the public hearing, authorize the City Manager to execute a
lease agreement with the Hertz Corporation for approximately 87,120
square feet of city-owned property located at 1302 Municipal Road, N.W.,
Roanoke, Virginia for a period of nineteen months, retroactive back to
December. 1, 2008 and expiring June 30, 2010. Such lease shall be
approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB/ c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00202
THIRD LEASE EXTENSION AGREEMENT
THIS THIRD EXTENSION AGREEMENT IS entered into as of the
day of ,2008.
WHEREAS, by Lease Agreement dated December 1, 1993 ("Lease Agreement")
between the CITY OF ROANOKE, VIRGINIA ("City") and THE HERTZ
CORPORATION ("HERTZ"),' the City agreed to lease to Hertz and Hertz agreed to
lease from the City a 2.0-acre parcel of City-owned land located at 1302 Municipal Road,
N.W., for Hertz's maintenance, servicing and storage facilities;
WHEREAS, the Lease Agreement was subsequently extended for an additional
five year term pursuant to a First Extension Agreement entered into on June 25, 1999;
and
WHEREAS, the Lease Agreement was subsequently amended to delete 800
square feet of area from the Lease Agreement's coverage, pursuant to a Lease
\
Amendment entered into on
, 2003; and
WHEREAS, at the end of the term of the First Extension Agreement, the Lease
Agreement was subsequently extended for an additional five year term pursuant to a
Second Extension Agreement entered into on December 1, 2003; and
WHEREAS, the Second Extension Agreement of the Lease Agreement expired
on November 30, 2008, and Hertz and the City desires to extend the Lease Agreement an
additional nineteen months.
THEREFORE, IN CONSIDERATION of the above premIses and mutual
covenants and promises hereinafter contained, City and Hertz hereby mutually agree as
follows:
1. The Lease Agreement is hereby extended for an additional nineteen month
term retroactive to December 1,2008 through June 30, 2010.
2. The Lease Agreement shall be amended to provide that following annual
rental, payable monthly in advance, and shall be as follows:
Dec. 1,2008 - Nov. 30,2009 $29,658 ($2,471.50 per month)
Dec. 1,2009 - June 30,2010 $30,548 ($2,545.67 per month)
3. Except as changed or modified herein, the conditions, terms and
obligations of the Lease Agreement remain in full force and effect as if fully stated
herein.
IN WITNESS WHEREOF, the parties hereto have executed this Third
Extension Agreement as ofthe day and year hereinabove written.
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
Name
City Manager
WITNESS:
THE HERTZ CORPORATION
Name
Name
Title
COMMONWEALTH OF VIRGINIA
s
S To-wit:
S
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this _ day of
, 200_, by , City Manager of the City of
Roanoke, for and on behalf of said Municipal Corporation:
My Commission expires on:
Notary Public
STATE OF NEW JERSEY
s
S To-wit:
S
COUNTY OF BERGEN
The foregoing instrument was acknowledged before me this _ day of
200_, by , The Hertz Corporation, for and on
behalf of said corporation.
My Commission expires on:
Notary Public
[SEAL]
Approved as to Form
Approved as to Execution
Assistant City Attorney
Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Af~idavito~ Puhl~catidn
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE:
80084300
11204947
N-Hertz
Corporation
').
NOTICE OF PUBLIC !
HEARING !
The City of Roanoke'
proposes to lease
approximately 87,120
sq'uare feet of City-owned
property located at 1302
, Municipal Road, N.W.)
, designated as Tax Map No!
6640123; to The Hertz
Corporati~n, to be used as
an' automobile rental
establishment, for a term'
commencing December 1,:
2008,and expiring June 30,'
2010. '. ,
Pursuant to the'
r e qui r e.m e n t s' 0 f,
'~ ~1 5.2 -1 800 an dl
.15.2-1813, Code of Virginia:
(1950) as amended. notice:
is h-ereby given that the City,
Counc.il of the City ofl
I Roanoke will hold a publiCi
hearing on the above matter!
at its regular meeting to be
held.December 15, 2008,
comme'nclng at 7:00 p.ni:, in,
the Council Chambers, 4th
Floor,Noel C. Taylor'
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia, 24011.
Further information Is
available from the Office of
1 the City Clerk for.the City of
I Roanoke at (540) 853-2541.
Citizens shall have the
opportunity to be heard and
~I~r~~~t~~.eir opinions onl
If you are a person with a I
disabil.ity who needs
I accommodations forthisl
hearing, please contact the:
\ City Clerk's Office at (540) I
1853-2541, before 12:001
I'noon on. December 11,
2008.
I GIVEN under my hand this
I 1st day of December, 2008.
Stephanie M. Moon
.' . City Clerk
\(11204947)
.J
State of Virginia
City of Roanoke
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
, I
,\\111""1/1, I
"", w.,cENIt "" I
, ~'. . . . . . . 'l::/A _ "
,:-"'~~,"'NOTARY"':.~ ~ I
: ~ :' . PUBLIC ". ~ :., I
= *: REG. #332964 : * = I
~ ~a\ '" ~rr.;;O~ i~~ . I
~~'" ....~ f " I
TOTAL COST: 187.20 ", V~"~'" "';-~""", I
"'I ~fALTr\ \l~ \\"
FILED ON: 12/05/08 "'11111111"\\ I
--------------------------------------------------+------------------------
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__LL~_day of Dec 2008. Witness my hand and
official seal.
~-~
M'l commission e p're
PUBLISHED ON:
12/05
Authorized
Signature:
~~~Billing Services Representative
J-
1)JG
NOTICE OF .PUBLIC HEARING
The City of Roanoke proposes to lease approximately 87,120 square feet of City-owned
property located at 1302 Municipal Road, N.W., designated as Tax Map No. 6640123, to The Hertz
Corporation, to be used as an automobile rental establishment, for a term commencing December 1,
2008 and expiring June 30, 2010.
Pursuant to the requirements of S915.2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held December 15,2008, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W.; Roanoke, Virginia, 24011. Further information is available from the Office of the
City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on December 11,2008.
1
GIVEN under my hand this ~tday of December , 2008.
Stephanie M. Moon
City Clerk
K:\Measures\PH Notice Hertz Lease Z008.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 5, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
K:\Notices\2008\December\N-Hertz Lease.doc
Send bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
. Assistant Deputy City Clerk
December 16, 2008
Darlene L. Bu rcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38324-121 508 authorizing the City
Manager to execute a lease agreement with Juice Do It, LLC, for approximately
998 square feet of space on the first floor of the Municipal Building-South,
located at 215 Church Avenue, S. W., for an initial term of six months, subject
to four additional one-year term renewals and one six-month term renewal,
commencing December 1 5, 2008, 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, December 15, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
~~i~;~:;O~~~
City Clerk
SMM :ew
Attach ment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
1)2C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38324-121508.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with' Juice Do It,
LLC, for approximately 998 square feet of space on the first floor of the Municipal Building -South,
located at 215 Church Avenue, Roanoke, Virginia, 24011, for an initial term of six months, subject to
four additional one-year term renewals and one six-month term renewal, commencing December 15,
2008; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 15,2008, pursuant to 9S15.2-1800(B) and
15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Juice Do It, LLC~ for the
lease of approximately 998 square feet of space in the City Market Building, located on the first floor
of the Municipal Building-South, located at 215 Church Avenue, Roanoke, Virginia, 24011, for a
restaurant establishment, for an initial term of six months, subject to four additional one-year term
renewals and one six-month term renewal, commencing December 15,2008, at a rental rate of$328.33
per month, upon certain terms and conditions, and as more particularly described in the City
Manager's letter to Council dated December 15,2008.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
,( j
,
,
ATTEST: '
~ m. 'h-1'fw
City Clerk. L
L:\A TTORNEY\DA T A \CLRV1 \David\Council Work\Juice Do It measure 12 2008 for lease.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 15, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Agreement for Juice Do
It, LLC. in the Municipal
Building- South
Background:
The City of Roanoke intends to lease a space of approximately 998 square feet on
the first floor in Municipal South to serve snacks, meals and beverages for the
benefit of City employees and the public. The initial lease term is for six months
subject to four additional one-year renewal terms and one renewal for a term of six
months. The proposed agreement establishes a base rent to be paid as provided
by the following schedule:
Square Footage
Amount Per Square Foot
Monthly Rent Amount
998
$3.04
$328.33
Recommended Action:
Authorize the City Manager to execute a lease agreement with Juice Do It, LLC. in
the Municipal Building, South, First Floor for a period of six months beginning
December 15, 2008, subject to four additional one-year renewal terms and one
renewal for a term of six months. Such lease shall be approved as to form by the
City Attorney.
Respectfully submitted,
Darlene L. rcham
City Manager
Honorable Mayor and Members of City Council
December 15, 2008
Page 2
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
CM08-00204
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
,
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The Roanoke Times
CITY OF ROANOKE
215 CHURCH AVE SW
ROANOKE VA 24011
PURCHASING
SUITE 202
\'1
PUBLISHED ON:
12/05
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- : MY COMMISSION,. : =
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NOnCE OF PUBLIC .
HEARING
. The.Clty of ,Roanoke,
proposeS to. lease
approximately 998,25;
square feet of space on the.
first lIoorof the Municipal'
, South 8uilding, located at
215 Church Avenue,.
I Roanoke, Virginia, 24011, to;
Adam Williams, dba. JUiCel
Do It, LLC, for an I.nltial term
I of six months, subject to lourl,
one year renewal terms and\
one six month renewal term,
I commencing December 16, I'
2008'for the purpos~ of
operating a public snack barl
serving meals, snacks and
beverages. ;
Pursuant to the.
requirements 01
~~15.2-1800(B) and 1813,
Code 01 Virginia (1950) as
amended notice is.hereby
given that'the City Council of'
the City 01 Roanoke will h,!ld
a public hearing on the
above matter at its regular
meeting to ,be h,eld on
Monday, December 15,
2008; commencing at 7:00,
p.m., in the Counclll
Chambers, 4th Floor, Noel C.
Taylor Municipal 8uilding,
215 Church Avenue. S.W.,
Roanoke. Virginia, 24011.
Further inlormation is
t 'avallable from the Office 01
I the City Clerk lor the City of
I Roanoke at (540) 853-2541.
Citizens shall have the,
I opportunity to be heard and
express their opinions on
said matter. ,
," you are a person with a
! disability who needs
accommodations for this
hearing, ,please contact the \
Clt.y Clerk's Ollice at (5.40).
853-2541, before 12:00
noon' 0 nTh u r s day,
December 11, 2008. ,
GIVEN under iny hand this
2nd day of Decelnber, 2008.
STEPHA~IEM. MOON
. \ ",(. CLERK
:Xy;
REFERENCE: 80133027
11205189
N-Juice Do It Lease
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~~nia. Sworn and subscribed before me this
__~_day of Dec 2008. Witness my hand and
official seal. ~
__~ _ _ C1~ _ _ Notar Public
My comm~ires __~_ ______L~~U~.
l (112~5189)
TOTAL COST:
FILED ON:
199,68
12/05/08
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Authorized~ ) ~
Signature:~~~_
B'lling Services Representative
Of)i0
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 998.25 square feet of space
on the first floor of the Municipal South Building, located at 215 Church Avenue,
Roanoke, Virginia, 24011, to Adam Williams, dba. Juice Do It, LLC, for an initial term
of six months, subject to four one year renewal terms and one six month renewal term,
commencing December 16, 2008, for the purpose of operating a public snack bar serving
meals, snacks and beverages.
Pursuant to the requirements of SS15.2-1800(B) and 1813, Code of Virginia
(1950) as amended, notice is hereby given that the City Council of the City of Roanoke
will hold a public hearing on the above matter at its regular meeting to be held on
Monday, December 15, 2008, commencing at 7:00 p.rn., in the Council Chambers, 4th
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. Further information is available from the Office of the City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,
December 11, 2008.
GIVEN under my hand this ~ day of December
,2008.
STEPHANIE M. MOON
CLERK
K:\David\PH NOTICE JUICE DOlT 12 15 08.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 5, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Sharon Gentry
Purchasing Manager
215 Church Avenue, S. W., Room 202
Roanoke, Virginia 24011
(540) 853-2871