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HomeMy WebLinkAboutCouncil Actions 05-18-09PRICE 38452 - 051809 ROANOKE CITY COUNCIL REGULAR SESSION MAY 189 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Jack Lowe, Pastor, Peters Creek Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting was televised live to be replayed on RVTV Channel 3 on Thursday, May 21 at 7:00 p.m., and Saturday, May 23 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, CLICK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring May 25, 2009 as Memorial Day. Ceremonial copy will be presented on May 25 in Lee Plaza at 10:30 a.m. A Proclamation declaring the month of May 2009 as National Preservation Month. Ceremonial copy was presented to William D. Bestpitch, Vice - Chair, Architectural Review Board, at the 7:00 p.m. Regular Session. A Proclamation declaring May 17 — 23, 2009 as National Public Works Week. Presented ceremonial copy to Bob Bengtson, Director of Public Works. A Proclamation declaring May 17 — 23, 2009 as Emergency Medical Services Week. Presented ceremonial copy to Fire Chief Dave Hoback. 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. George Gunther, 914 Loudon Avenue, N. W. Robert Gravely, 3360 Hershberger Road, N. W. 4. CONSENT AGENDA (APPROVED 7 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the performance of the Council- Appointed Officers, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -5 A communication. from the City Manager requesting that Council schedule a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider boundary amendments to Enterprise Zone One (A) and Enterprise Zone Two. RECOMMENDED ACTION: Concurred in the request. C -6 Reports of qualification of Archie L. Freeman, III, and Mark S. Lucas as members of the Parks and Recreation Advisory Board for terms of office ending March 31, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A request of the Roanoke City Electoral Board with regard to an emergency change of polling place for Villa Heights No. 021 Precinct at Fire Station No. 9 located at 24th and Melrose Avenue, N. W. (Sponsored by the City Manager) Adopted Ordinance No. 38452 - 051809. (7 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 18 ITEMS RECOMMENDED FOR ACTION: Acceptance of Virginia Department of Emergency Management Funds for HAZMAT Team Equipment and Training; and appropriation of funds. Adopted Resolution No. 38453 - 051809 and Budget Ordinance No. 38454 - 051809. (7 -0) 2. Amendment of the City's 2005 -2010 Consolidated Plan. Adopted Resolution No. 38455 - 051809. (7 -0) 3. Appropriation of funds for replacement of the Roanoke Valley Library Consortium servers. Adopted Budget Ordinance No. 38456 - 051809. (7 -0) 4. Transfer of funds in connection with renovations to the Roanoke Valley Regional Fire -EMS Training Center Burn Building. Adopted Budget Ordinance No. 38457 - 051809. (7 -0) 5. Appropriation of funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs. Adopted Budget Ordinance No. 38458 - 051809. (7 -0) 6. Authorization to extend the date for Roanoke At Home, LP, to make its final balloon payment on a 1991 CDBG loan which was used to acquire five SRO properties. Adopted Resolution No. 38459 - 051809. (7 -0) COMMENTS BY CITY MANAGER: Introduced Jeffrey Coppola, a student from James Madison University, who is working on his Masters in Public Administration and serving as an unpaid intern with the Offices of the City Manager and Management and Budget. Clarified that the City contributed $4 million rather than $60 million to the Taubman Museum of Art as Mr. Gravely had stated earlier, and the bulk of the funding for the museum came from the private sector. The earthquake that occurred in the area at 4:08 a.m. on Saturday morning actually registered 3.0 on the Richter scale, all appropriate emergency response teams were put in place immediately, and no damages were reported. Roanoke community should be proud of the quality of emergency medical services provided to its citizens. 5 Announced the "Ole Fashion" Fish Fry .to be held under the tent at the intersection of Fairland Road and Kirkland Drive on Friday, May 22 from 6:00 p.m. to 8:00 p.m., sponsored by the Fairland Civic League. Announced the Loudon - Melrose Free Flea Market at 1427 Melrose Avenue, N. W., on Saturday, May 23 from 7:00 a.m. to 2:00 p.m. (or until everything is gone), sponsored by the Loudon - Melrose Neighborhood Organization, Inc. Announced the Neighborhood Picnic at the Countryside Golf Course pavilion on Saturday, May 23 from 4:00 to 8:00 p.m., sponsored by the Countryside Neighborhood Alliance. Announced the Third Annual Neighborhood Celebration at the intersection of Portland Avenue and Ben Street on Monday, May 25 from 1:00 p.m. to 5:00 p.m., sponsored by the Miller Court Neighborhood Alliance. Announced the Fifth Annual Raleigh Court Block Party at the Grandin Village Center in the 1300 block of Grandin Road on Sunday, May 31 from 2:00 p.m. to 5:00 p.m., sponsored by the Greater Raleigh Court Civic League and Grandin Village Business Association. Mayor Bowers acknowledged the members present from Leadership Roanoke Valley. b. FINANCE DIRECTOR: 1. Financial report for the month of March 2009. Received and filed. Mayor Bowers requested the City Attorney to provide the Council with an update on the status of the Patrick Henry Hotel property at the next Council meeting. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting an appropriation of funds for the Patrick Henry High School baseball batting cage floor; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn - Timity, Director of Financial Reporting and Analysis, Spokesperson. Adopted Budget Ordinance No. 38460 - 051809. (7 -0) 9. UNFINISHED BUSINESS: NONE. R 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Cutler commented that on Saturday, May 16, Council Member Mason and Ken Cronin, Director of General Services, received an award from the Roanoke Valley Cool Cities Coalition reflecting the City's attention to energy conservation to address global warming. Council Member Cutler commented that the City of Roanoke received a grant of $10,000.00 from the Kiwanis Club of Roanoke for the Department of Parks and Recreation to pay for the fabrication of 30 mileposts and interpretive signs to be placed along the Lick Run Greenway for educational purposes. Council Member Cutler commented that stimulus money has been given to the Western Virginia Water Authority for two waterline improvement projects in the Rorer Avenue and Rugby Boulevard areas in northwest Roanoke. Council Member Cutler read comments by Chief Joe Gaskins regarding the unfortunate incident that occurred on Thursday, May 14 near the Roanoke Market Building during the "Must See TV" event. Council Member Mason commented upon letters received by City residents from the City administration regarding the height of the grass on their properties. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Reappointment of Council Members Courtney G. Rosen and David B. Trinkle as elected City Representatives, and Darlene L. Burcham as a non - elected City Representative, of the Roanoke Valley - Alleghany Regional Commission for terms of three years ending June 30, 2012. THE COUNCIL MEETING WAS DECLARED IN RECESS AND RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION MAY 189 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Vice -Mayor Lea was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting was televised live to be replayed on Channel 3 on Thursday, May 21 at 7:00 p.m., and Saturday, May 23 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring the month of May 2009 as National Preservation Month. Ceremonial copy presented to William D. Bestpitch, Vice - Chair, Architectural Review Board, Mary V. H. Dykstra, Member, Architectural Review Board, and Melissa Morgan, Board Member, Roanoke Valley Preservation Foundation. A. PUBLIC HEARINGS: Request of The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with certain proffers on a parcel of land at 624 Bullitt Avenue, S. E. Maryellen F. Goodlatte, Attorney. Spokesperson. Adopted Ordinance No. 38461 - 051809. (6 -0) 2. Request of Goodwill Industries of the Valleys, Inc., for exemption from real property taxation. Jackson Greene, Chief Compliance Officer, and Jim Shaver, Vice - President of Marketing, Spokespersons. Adopted Ordinance No. 38462- 051809. (6 -0) 3. Request of the City Planning Commission to rezone the following properties in order to place them in zoning districts which are consistent with their current uses: (1) property located at 1010 Montrose Avenue, S. E., from RM -1, Residential Mixed Density District, to IN, Institutional District; and Adopted Ordinance No. 38463 - 051809. (6 -0) (2) properties located on Orange Avenue, N. E., Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District, to CG, Commercial General District, and properties on Orange Avenue, N. E., Official Tax Nos. 3210106 — 3210113, inclusive, and properties on Purcell Avenue, N. E., Official Tax Nos. 3210114 — 3210119, inclusive, from RM -2, Residential Mixed Use District, to CG, Commercial General District; and property on Orange Avenue, N. E., Official Tax No. 3221309, from 1 -1, Light Industrial District, to CG, Commercial General District. Christopher L. Chittum, Agent. Adopted Ordinance No. 38464 - 051809. (6 -0) 4. Request of Five Fifty One Marshall Avenue LLC, to allow continuance of existing encroachments into public right -of -way for patios and fences at 551 Marshall Avenue, S. W., and along a portion of 6th Street, S. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38465- 051809. (5 -0, Council Member Trinkle abstained from voting.) 5. Proposal of the City of Roanoke and the Roanoke City School Board to lease a portion of land known as the School Transportation Facility located at 5401 Barns Avenue, N. W., to George Krapf, Jr. & Sons, Inc., subject to certain terms and conditions. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38466- 051809. (5 -1, Council Member Price voting no.) 9 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CERTIFICATION OF CLOSED MEETING. (6 -0) Reappointed Robert H. Logan, III, as a member of the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2012. ADJOURNMENT. 10 Office of the Mayor a�R� CITY OF RGiN�p ROANOKE roclam�at 101 WEAS, millions of American men and women have answered the call to duty in defending the hard -won freedoms we enjoy each Memorial Day; and ,-REAS, this day, Memorial Day, is the occasion on which we remember, recognize and honor the unselfish service and ultimate sacrifice of our service members; and WHEREAS, on this Memorial Day we give special recognition to those who have lost their lives in the War on Terror. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge all citizens to join with me in this very special observance of Memorial Day to recognize the hardships and sacrifices of those families who have lost a loved one, and let us especially honor those whom we hold in the highest esteem - -- those who gave their lives for us, and do hereby proclaim Monday, May 25, 2009, throughout this great All- America City, as MEMORIAL DAY. Given under our hands and the Seal of the City of Roanoke this eighteenth day of May in the year two thousand and nine. ATTEST.• ,kcd..� m. rYj on,,, Stephanie M. Moon City Clerk David A. Bowers Mayor VAr Office of the Mayor CITY OF *ROANOKE WHEREAS, historic preservation is an effective tool for sustainable growth, revitalizing neighborhoods, economic development, fostering local pride, and maintaining community character while enhancing livability, and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2009, co- sponsored by City of Roanoke and the National Trust for Historic Preservation. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, encourage all citizens to recognize and participate in this special observance, and do hereby proclaim the month of May 2009, throughout this great All- America City, as NATIONAL PRESERVATION MONTH. Given under our hands and the Seal of the City of Roanoke this eighteenth day of May in the year two thousand and nine. ATTEST.• • h' 0 9-r j Stephanie M. Moon City Clerk David A. Bowers Mayor IVAF Office of the Mayor `� CITY OF ny�a ROAl OKE To - WHEREAS, public works infrastructure, facilities, and services provided by employees of the City of Roanoke to the community play an integral role in the everyday lives of our citizens, and WHEREAS, the support of an informed citizenry is vital to the efficient operation of the public works functions performed by the Department of Public Works and the Department of General Services; and WHEREAS, these functions include solid waste management, engineering, environmental management, transportation, facilities management, custodial services and fleet management; the health, safety, comfort and quality of life for all citizens of this community greatly depend on public works functions, and WHEREAS, the dedication of the personnel who perform public works functions, twenty -four hours a day, seven days a week, is recognized and appreciated; and WHEREAS, the American Public Works Association has adopted this year's theme "Revitalize - Reinvest - Renew ". NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, commend the dedicated efforts of the staff of the Public Works and General Services departments, and do hereby proclaim May 17 -23, 2009, throughout this great All- America City, as NATIONAL PUBLIC WORKS WEEK. Given under our hands and the Seal of the City of Roanoke this eighteenth day of May in the year two thousand and nine. ATTEST.• Stephanie M. Moon City Clerk David A. Bowers Mayor Good afternoon Mayor and Members of Council. On behalf of over 175 men and women in the Department of Public Works, we certainly appreciate this proclamation for National Public Works Week. Over the past year, Public Works has been involved in a number of initiatives, not the least of which took place earlier this month when Roanoke served as the host city for the annual American Public Works Association Chapter Conference for the Virginia, Washington DC and Maryland region. Assisted by Public Works representatives from Blacksburg and Lynchburg, our conference focused upon the popular topic of sustainability, using the theme "Green is Groovy ". We welcomed over 150 attendees at our technical sessions and vendor and equipment show. The conference also included the always popular equipment rodeo. There were 64 registrants competing in the various heavy equipment events, and I am pleased to announce that two gentlemen from our very own Solid Waste Management Division placed in two events. Over the past 18 months, Public Works has also been instrumental in the formation of the Roanoke Regional Public Works Academy. Comprised primarily of representatives from nine area local governments and public authorities, our efforts have focused upon the identification of mutual training needs for our employees. By combining forces, we have been successful at bringing trainers here to offer classes rather than individually sending staff out of town for overnight stays and costlier training opportunities. In another area of emphasis, our employees at the Public Works Service Center have led the formation of a Public Works diversity team, one of a growing number within our city government, having held a kick -off event just last month to improve our diversity awareness in support of our organization's core values. As was noted in the proclamation, this year's National Public Works Week theme is "Revitalize — Reinvest — Renew ", which speaks clearly to the many capital projects for which our staff provides leadership and management day in and day out. I have invited several of the unsung heroes from our Engineering Division to also join me today. As I call their names, I ask that they join me here: David Dearing Joe Johnson - Koroma Terry Kemp Jim Lorens Luke Pugh Becky Starnes Over the past year, these ladies and gentlemen have helped see through to completion many engineering services and noteworthy projects such as: • Williamson Road Fire Station • Library facility improvements at Gainsboro, Jackson Park and Garden City • Continued progress with the RRFRP • Streetscape improvements around the new Taubman Museum of Art • Renovations to Municipal North • Numerous curb and sidewalk improvements And in the weeks and months ahead, we can anticipate completion of: • Repairs for the Walnut Avenue Bridge and Franklin Road Bridge • Replacement of four smaller bridges on Bandy Road, Rose Avenue, Berkley Road and Crestmoor Drive • Melrose Fire Station • Police Academy • Market Garage renovations, as well as repairs to other parking garages • Roanoke River Greenway improvements near Hamilton Terrace and a bridge to Hannah Court • Curb and sidewalk improvements in a number of locations including Hershberger Road; the Hurt Park community; 6 t Street; Reserve Avenue; as well as a SRTS project for Addison and Lincoln Terrace • And last but not least, the PWSC itself will undergo some renovations as we welcome Parks & Recreation field crews to their new shop areas at our facility Mayor and Members of City Council, we thank you for your time and attention! IWA Office of the Mayor days a week, • and o RO �R�G i RAP services is a vital public service, and medical services teams are ready to those in need 24 hours a day, seven REAS, emergency medical members of emergency provide life saving care t o REAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others, and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury, and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, EMS providers from around the country will begin the National EMS Memorial Bike Ride to remember 91 fallen brothers and sisters on May 16, ending in Roanoke on May 22, with a memorial service to commence on May 23. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, encourage all citizens to join Roanoke Fire -EMS and other emergency service provides and safety advocates in their safety efforts, and do hereby proclaim May 17 - 23, 2009, throughout this great All - America City, as EMERGENCY MEDICAL SERVICES WEEK. Given under our hands and the Seal of the City of Roanoke this fourteenth day of May in the year two thousand and nine. ATTEST.• S� btykj Stephanie M. n City Clerk David A. Bowers Mayor 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 May 18, 2009 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw lk 0 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 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor May 18, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court. G. Rosen David B. Trinkle wish to request a Closed Meeting to discuss the performance of the Council- Appointed Officers, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, Gm dolyn W. Mason, Chair City Council Personnel Committee GWM:ctw The Honorable Mayor and Members of City Council Roanoke, Virginia May 18, 2009 Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2 -371 1.A.3, Code of Virginia (1950), as amended. Respectfully subm Darlene L. BurcPam City Manager DLB /Isc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 �. Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov The Honorable Mayor and Members of City Council Roanoke, Virginia May 18, 2009 Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2 -371 1.A.3, Code of Virginia (1950), as amended. Respectfully subm Darlene L. BurcPam City Manager DLB /Isc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk of ROq�, � a �RciN� WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE: 540 -853 -2431 FAX: 540- 853 -1221 EMAIL: ci[ya[[y @roanokeva.gov May 18, 2009 Re: Request for closed meeting Dear Mayor Bowers and Council Members: TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCITY ATTORNEYS This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to §2.2- 3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH /lsc Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk ° 4 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request to Schedule a Public Hearing to Consider Boundary Amendments to Enterprise Zone One A and Enterprise Zone Two Background: Staff has identified a need to apply for boundary amendments to the City's Enterprise Zone One A, Subzone A to Enterprise Zone One A, Enterprise Zone Two, and Subzone A of Enterprise Zone Two. Such amendments, if approved by the Virginia Department of Housing and Community Development, will add certain areas to these Enterprise Zones. In order to submit these applications, under the State Enterprise Zone regulations, at least one public hearing is required affording citizens or interested parties an opportunity to be heard on such matters. Recommended Action: Authorize the City Clerk to schedule and advertise a public hearing on the above matters to be held on Monday, June 15, 2009, at 7:00 p.m., or as may otherwise be deemed appropriate by the City Manager. Respectfully submitted, AV Darlene L. 4Burcam City Manager Honorable Mayor and Members of City Council May 18, 2009 Page 2 DLB /LH 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 Lindsay Hurt, Economic Development Specialist CM09 -00084 May 19, 2009 Linda Bedasaul, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Bedasaul: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise that Archie L. Freeman, III, and Mark S. Lucas have qualified as members of the Parks and Recreation Advisory Board for terms ending March 31, 2012. SNH:ew Sincerely, W , 1 / Sheila N. Hartman, CMC Deputy City Clerk CITY OF ROANOKE . . _ OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 •6 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk May 19, 2009 Linda Bedasaul, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Bedasaul: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise that Archie L. Freeman, III, and Mark S. Lucas have qualified as members of the Parks and Recreation Advisory Board for terms ending March 31, 2012. SNH:ew Sincerely, W , 1 / Sheila N. Hartman, CMC Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Archie L. Freeman, III, 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 Parks and Recreation Advisory Board, for a three -year term of office ending March 31, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this 4? day of 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K: \oath and leaving serviceTarks and Rec\Archie Lee Freeman 111.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Mark S. Lucas, 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 Parks and Recreation Advisory Board for a term ending March 31, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this day of 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT Cz�u BY , CLERK K: \oath and leaving service\Parks and Rec\Mark S Lucas March 31 2012.doc STEPHANIE M. MOON, CMC City Clerk Beryl Y. Brooks General Registrar Roanoke, Virginia Dear Ms. Brooks: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Resolution No. 384527051809 permanently changing the polling place for Villa Heights #021 Precinct from Fire Station #9, 241h Street and Melrose Avenue, N. W., to Forest Park Academy, 2730 Melrose Avenue, N. W. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, Q&-L- -)�- Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: Chief, U. S. Department of Justice, Civil Rights Division, Voting Section, NWB, 950 Pennsylvania Avenue, N. W., Washington, DC 20530 Deirdre J. Martin, Secretary, Roanoke City Electoral Board Darlene L. Burcham, City Manager William M. Hackworth, City Attorney David Hoback, Fire Chief IN THE COUNCIL, OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38452- 051809. AN ORDINANCE permanently changing the polling place for Villa Heights #021 Precinct from Fire Station #9, 24th Street and Melrose Avenue, N.W., to Forest Park Academy, 2730 Melrose Avenue, N.W.; and dispensing with the second reading of this ordinance. WHEREAS, Fire Station #9, 24th Street and Melrose Avenue, N.W., is the regular polling place for Villa Heights Precinct #021; WHEREAS, the polling place has been rendered inaccessible due to construction being done in the parking lot; WHEREAS, by Resolution dated April 29, 2009, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for Villa Heights #021 Precinct to Forest Park Academy, 2730 Melrose Avenue, N.W., such polling place being located within such precinct as required by §24.2 -310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has given notice of such relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to §24.2- 310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Villa Heights #021 Precinct at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to §24.2 -306, Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The polling place for Villa Heights #021 Precinct shall be relocated permanently from Fire Station #9, 24th Street and Melrose Avenue, N.W., to the Forest Park Academy, 2730 Melrose Avenue, N.W. 2. The City Clerk is directed to forward attested copies of this ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Villa Heights #021 Precinct, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION TO: Stephanie Moon, City Clerk FROM: Bery1.Y. Brooks, General Registrar DATE: April 30, 2009 SUBJECT: Emergency Change of #021 Villa Heights Polling Place The Roanoke City Electoral Board is seeking the following emergency change of Precinct #021, Villa Heights polling place from, #9 Fire Station located at 24th and Melrose, to Forest Park Academy located at 2730 Melrose Ave., N.W. The Fire Chief has requested the move because the polling place has been rendered inaccessible due to construction being done in the parking lot, which makes the area surrounding the fire station dangerous for public use. Normally Section 24.2 -306, which prohibits us from moving a polling place 60 days before an election and without prior approval- of the Justice Department, would be in affect. Our intent was to move the polling place in time for the November 2009 election due to the turnout and inadequate tpace during the November 2008 election, however due to the. current circumstances and a Primary Election being held in June we have no choice but to request expedited approval for an emergency move to another location now. We are requesting that this matter be brought before City Council at the next available public meeting. Although I am still required to submit for expedited approval from the Justice Department, I will have to proceed with the move as approved by the .state Board of Elections. The appropriate notification for expedited approval has been forwarded to the City Attorney for submission to the Department of Justice. Thank you, for your cooperation in this matter and please call me at X107, if there are any questions. Attachments °i r-- ! �3 1tiryr..1 -h+ h a. RESOLUTION ROANOKE CITY ELECTORAL BOARD April 29, 2009 The Roanoke City Electoral Board voted unanimously to seek Department of Justice approval to move the following precinct for the reasons stated as follows: We have been notified by the Fire Chief that Fire Station #9, currently being used as the polling place for Villa Heights Precinct will be inaccessible for the June Primary Election. The lot where the precinct is located is owned by a private company who has informed them that due to expanded construction and safety concerns the public will no longer have access to the. lot. Therefore the Electoral Board has decided that it is in the best interest of the voters to move the location of the polling place to a building that is able to meet the needs of the voters and better suited to meet the guidelines of the Americans with Disabilities Act. Temporary change — From: No. 9 Fire Station 24`h St. & Melrose Roanoke, VA 24017 To: Forest Park Academy 2730 Melrose Ave, NW Roanoke, VA 24017 The new location is located on the same street two blocks from the old location. Permission has been granted to use the building permanently and Blue Ridge Independent Living has completed an ADA survey to authorize it's compliance with current ADA standards. The City Attorney will be asked to prepare submission for expedited Justice Department Approval. Deirdre J. Nffrtin, Secretary Roanoke City Electoral Board APR -29 -2009 16 :19 SBE e042252687 P.01i01 EMERGENCY POLLING PLACE RELOCATION FORM NAME OF COUNTY /CITY: ROANOKE CITY CODE AND NAME OF PRECINCT: PRECINCT 021 — VILLA HEIGHTS NAME AND ADDRESS OF POLLING VILLA HEIGHTS PLACE REQUIRED TO BE MOVED: NAME AND ADDRESS TO WHICH POLLING PLACE IS TO BE MOVED: REASON FOR MOVE NOTICE OF MOVE WILL BE: NOTICE OF MOVE WILL INCLUDE: IDENTIFICATION OF NEWS MEDIA TO BE USED FOR NOTICE: 24TH STREET & MELROSE AVENUE, ROANOKE, VA, FOREST PARK ACADEMY 2730 MELROSE AVENUE NW, ROANOKE, VA 24017 Palling place is ❑ burned out Q flooded; or ❑ The access road to polling place is washed out; and the alternative access, if any, to the polling place is too far using normal means of transportation to make it reasonable for voters to use the alternative route. © Other (specify): DUE TO CONSTRUCTION SURROUNDING POLLING LOCATION, HAS RENDERED SITE INACCESSIBLE AND UNSAFE. ® Posted at each polling place being moved to a new location; and Made to each officer of election; and n Given to the chairman of the respective parties and to any independent candidate for local office; and ll±l Given to the public through all available news media, radio — and TV, if possible. ® Name of old precinct and name and address of its old polling place; and M Reason for moving the polling place: and O The precise location (name and address) of new polling place; and FXI The phone number of the General Registrar's office with a statement that any voter may call the Registrar for clarification. ROANOKE TIMES AND WORLD NEWS IDENTIFICATION OF NOTICE TO VOTER, R) New Votercard Cl Labels ❑ Correspondence ❑ Neither SBE USE. Move of the above polling place Isxapproved 0 disapprove Secretapo- State board of a ions nTnl O rill � ~ CITY OF ROANOKE _t� r OFFICE OF THE CITY MANAGER 's 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 May 18, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Beryl Brooks, City Registrar, to change Precinct #021, Villa Heights polling place located at #9 Fire Station, 24`h and Melrose Avenue, N.W. to an emergency temporary polling place at Forest Park Academy located at 2730 Melrose Avenue, N.W. Respectfully submitted, Darlene L. Burg am City Manager DLB:jb c: City Clerk City Attorney Director of Finance �GaN STEPHANIE M. MOON, CMC City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38454 - 051809 appropriating funding from the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program Grant, and amending and reordaining certain sections of the 2008 -2009 Grant Fund Appropriations. The above - referenced regular meeting held c passage. SNH:ew Attachment measure was adopted by the Council of the City of Roanoke at a n Monday, May 18, 2009, and is in full force and effect upon its '0'% Sheila N. Hartman, CMC Deputy City Clerk PC: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire -EMS Chief IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38454 - 051809. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security 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 Revenues State Homeland Security Grant FY09 #2 35- 520 - 3524 -2035 $ 32,500 35- 520 - 3524 -3524 32,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Clerk. a� STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 May, 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Resolution No. 38453 - 051809 accepting the 2008 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009. SNH:ew Attachment Sincerely, i Sheila N. Hartman, CMC Deputy City Clerk PC: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire -EMS Chief G� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38453 - 051809. A RESOLUTION accepting the 2008 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the 2008 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $32,500.00, to be used for HAZMAT Team Equipment and Training. There is no matching fund requirement for this grant. The grant is more particularly described in the letter of the City Manager to Council, dated May 18, 2009. 2. The City Manager and the City Clerk are hereby authorized to execute and file, on behalf of the City, any necessary 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 in connection with the City's acceptance of this grant ATTEST: "�*Picity Clerk. K: \Tim\measures\R- Homeland Security Program Grant(VDEM)5- 18- 09.doc �01 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita,J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Virginia Department of Emergency Management Grant Acceptance Background: Roanoke Fire -EMS serves as the Region's Hazardous Materials Team. The Virginia Department of Emergency Management (VDEM) allocates funds each year. This year, the monies allocated are to be used for HAZMAT Team Equipment and Training. In May 2009, VDEM awarded the City of Roanoke funds in the amount of $32,500 from the 2008 State Homeland Security Program Grant: Hazmat Team Equipment and Training from the National Preparedness Directorate, United States Department of Homeland Security and administered by the Commonwealth. The Department will purchase equipment for the regional HAZMAT Team. This grant requires no matching funds from the City. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this grant. Honorable Mayor and Members of City Council May 18, 2009 Pag e 2 Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $32,500 in account 35- 520 - 3524 -3524 and appropriate the same amount to an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Burcham City Manager 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 CM09 -00080 STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Resolution No. 38455 - 051809 approving amendments of the City's 2005 -2010 Consolidated Plan and authorizing the City Manager to execute and submit any necessary documents to the U. S. Department of Housing and Urban Development in connection with such amendments. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th.day of May, 2009. No. 38455 - 051809. A RESOLUTION approving amendments of the City's 2005 -2010 Consolidated Plan and authorizing the City Manager to execute and submit any necessary documents.to the U.S. Department of Housing and Urban Development ( "HUD ") in connection with such amendments. BE IT RESOLVED by the Council of the City of Roanoke that the City Council approves amendments to the City's Consolidated Plan, reallocating Community Development Block Grant ( "CDBG ") funding with regard to the Property Acquisition Reserve and Targeted Neighborhood Infrastructure Improvement projects, such amendments to take effect upon, and provided that no compelling objections have been received by, the conclusion of the public review period, and that the City Manager and the City Clerk are authorized to execute and attest, respectively, and submit any necessary documents, approved as to form by the City Attorney, as applicable, to HUD for such purpose, as more particularly set fort h in the City Manager's letter dated May 18, 2009, to this Council. ATTEST: ity Clerk. R- CDBG -Amend Plan for Property Acq. Reserve.doc n CITY OF ROANOKE - OFFICE OF THE CITY MANAGER f- �% Noel C. Taylor Municipal Building 3 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment of the City of Roanoke 2005 -2010 Consolidated Plan Background: In order to receive Community Development Block Grant (CDBG), HOME Investment partnership (HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five -year Consolidated Plan and Annual Updates to the U. S. Department of Housing and Urban Development (HUD). Substantial amendments to the plan must undergo a 30 -day public review and comment period and be approved by City Council. The City is proposing to expand the purposes of one project while reallocating some of the budgeted funds to another project of importance to the City and the community. Individually and collectively, the activities constitute a substantial amendment to the plan that must be approved by City Council prior to their implementation. Considerations: The following amendments to the 2005 -2010 Consolidated Plan are proposed: 1. Decrease the funding in the Property Acquisition Reserve project from $467,838 to $292,838, while revising the project description to allow for the purchase of commercial property in addition to residential property. Honorable Mayor and Members of City Council May 18, 2009 Page 2 2. Use the $175,000 obtained from the Reserve to accelerate to FY 2009 an installment of this amount for Targeted Neighborhood Infrastructure Improvements funds for Hurt Park that had been planned for FY 2010. To comply with the required 30 -day public review for substantial plan amendments, a legal notice appeared in the Roanoke Times on April 16, 2009, informing the public of the proposed reallocation of CDBG funds. The public comment period ends at 5:00 p.m. today. A conditional approval of the plan amendment is being sought from Council at this time. Provided that no compelling objections are received, the plan amendment will be implemented as of the end of the comment period. Should compelling objections arise, amendment of the plan will be deferred until staff can achieve a resolution of issues, after which appropriate action will be sought from, Council. The necessary reallocation of funds will be accomplished administratively through a City Manager budget transfer. Recommended Action: Approve the amendments to the Consolidated Plan, as detailed above, and authorize the City Manager to execute any documents required by HUD, such documents to be approved as to form by the City Attorney. Respectfully submitted, ' n Darlene L. Burcl�am City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09 -00065 4y R STEPHANIE M. MOON, CMC City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38456 - 051809 appropriating funding from Roanoke County, Botetourt County and the City of Salem to the Expansion of Network Capacity project, amending and reordaining certain sections of the 2008 -2009 Department of Technology Fund Appropriations. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Roy M. Mentkow, Director of Technology IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38456- 051809. AN ORDINANCE to appropriate funds from Roanoke County, Botetourt County and the City of Salem to the Expansion of Network Capacity project, amending and re- ordaining certain sections of the 2008 -2009 Department of Technology 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 certain sections of the 2008 -2009 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Third, Party 13- 430 - 9854 -9004 $ 45,213 Revenues Expansion of Network Capacity 13- 430 - 9854 -9854 45,213 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 ,J \���� City Clerk. (COCIS -I 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Roanoke Valley Library Server Replacement Background: The Department of Technology (DoT) supports the Roanoke Valley Library (RVL) Consortium systems by maintaining the computer hardware and software required to support the library applications and network communications. The hardware servers and network control devices are located in the City of Roanoke's DoT Operations Center. The original systems were installed in March 2002 and have been supported since that time with no major server hardware upgrade or replacement. The warranty on each server (2) has expired and is being renewed annually with increased loss in coverage. The seven -year life has exceeded the original life expectancy of five -years and the overall performance has fallen below the service level expectations provided the RVL member organizations. Plans were started in 2007 for each RVL member to budget for the server replacements. This request will complete that project. DoT manages the hardware /software costs and related annual maintenance by paying all invoices and using the City -wide billing system for RVL reimbursement. Funds from the City -wide billing are deposited into the Library Revenue account. Honorable Mayor and Members of City Council May 18, 2009 Page 2 Considerations: The Department of Technology has been working to obtain replacement servers that will meet the RVL five -year growth expectations and satisfy the library application requirements. DoT received sole source approval to have SirsiDynix provide the replacement servers at a total cost of $66,490. Roanoke County, Botetourt County, and the City of Salem will provide their share of the funding which totals $45,213. The City of Roanoke share of the project, $21,277, is available in account 13- 430 -9854 (Expansion of Network Capacity) Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $45,213 for the Roanoke County, Botetourt County and City of Salem shares of the project. Appropriate funding in the same amount to the Expansion of Network Capacity project account (13- 430 - 9854). Respectfully submitted, Darlene L. Bur ham 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 James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology CM09 -00076 STEPHANIE M. MOON, CMC City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38457- 051809 transferring funding from various Fire -EMS Capital Projects and the Department .of Fire Program Grant to the Roanoke Valley Regional Fire -EMS Training Center Burn Building Renovation project, and amending and reordaining certain sections of the 2008 -2009 Capital Projects and Grant Funds Appropriations. The. above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Q� ! i /►, ,� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire -EMS Chief IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38457 - 051809. AN ORDINANCE to transfer funds from various Fire -EMS Capital Projects and the Department of Fire Program Grant to the Roanoke Valley Regional Fire -EMS Training Center Burn Building Renovation project, amending and re- ordaining certain sections of the 2008 -2009 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2008 -2009 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Contingency :Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from State Grant Funds Revenues Transfer from Grant Fund Grant Fund Appropriations Regional Fire Training Burn Building Transfer to Capital Projects Fund 08 -530- 9575 -9220 $ ( 1,817) 08 -530- 9678 -9003 (19,175) 08- 530 - 9681 -9003 (93,008) 08- 530 - 9682 -9003 114,000 08- 530 - 9682 -9007 40,000 08- 110- 1234 -1362 40,000 35- 520 - 3338 -9074 (40,000) 35- 520 - 3338 -9508 40,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C� �-_ -'-1 - IV.- ity Clerk. V °, N 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita.J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Roanoke Valley Regional Fire -EMS Training Center Burn Building Funds Background: In 1999, the City of Roanoke entered into an agreement with Roanoke County, the City of Salem and the Town of Vinton to build the Roanoke Valley Regional Fire -EMS Training Center and use a portion of each locality's State Fire Program Fund to repay the $1.9 million construction loan. This agreement provided a funding formula that allocated a portion of the construction loan applicable to each locality. This formula was used to determine the City's share for the proposed new burn building. The success of the Regional Fire -EMS Training Center is demonstrated every day by the increased usage of the facility by not only the four localities included in the agreement, but the utilization of the facility by outside fire /rescue agencies. The facility operates on a daily basis during the week and is often in use on the weekends. Training props have been improved or added throughout the years and the grounds now host a confined space maze, technical rescue props, trench rescue mock -up, and a burn building. The current burn building is over 20 years old. Although the current burn building has had several renovations through the years, it has reached the end of its useful life. It is now imperative that this critical training prop be replaced with a new, state -of- the -art structure. The four localities have once again jointly pursued funding through the Virginia Department of Fire Programs with much success. A grant in the amount of $430,000 was awarded to the localities to fund the construction of a new burn building on the Kesler Mill Road site owned by Roanoke County. The grant is awarded to and will be administered by Roanoke County. Honorable Mayor and Members of City Council May 18, 2009 Page 2 Cost estimates show that an additional $350,000 is needed to fully fund an adequate new structure. Utilizing the existing formula, each locality will be responsible for a portion of this additional cost as follows: City of Roanoke 44% $154,000 Roanoke County 44% $154,000 City of Salem 8% $ 28,000 Town of Vinton 4% $ 14,000 ----------------------------------------- Total: 100% $350,000 By replacing this critical training structure the entire facility will continue along the successful path it currently follows, providing training for the Roanoke Valley jurisdictions and beyond. Considerations: The City of Roanoke is responsible for 44% of the additional $350,000 in funds totaling $154,000. Funding in the amount of $40,000 was previously appropriated for this project from Department of Fire Program Grant funds (35 -520- 3338 - 9074). The balance of the $114,000 required is available from residual Fire -EMS capital project accounts. This funding will be used to front -fund the balance of City's commitment, with the Capital Projects Fund to be reimbursed over the next four years from Fire Program Grant funds. Recommended Action: Transfer funding in the amount of $114,000 from the capital project accounts outlined below to a project account to be established by the Director of Finance in the Capital Projects fund: ♦ $19,175 from Fire -EMS Administration Facilities Improvements (08- 530 -9678- 9003) ♦ $93,008 from Fire -EMS Williamson Road Station (08- 530 - 9681 -9003) ♦ $1,817 from Capital Project Contingency Account ( 08- 530 - 9575 -9220) ♦ $40,000 from Department of Fire Program Grant funds (35- 520 - 3338 -9074) Respectfully submitted, Darlene L. Bur ham City Manager 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 CM09 -00072 County of Roanokj FINANCE DEPARTMENT Contractual Agreement 0936 Fire Training /Burn Building and Fire Training Simulator Natural Gas System ARTICLES OF AGREEMENT, made this ninth (9th) day of March, 2009 by and between WHP Trainingtowers, a division of Jahnke and Sons Construction, Inc., 9121 Bond, Overland Park, KS 66214, party of the first part and hereinafter referred to as the CONTRACTOR and the County of Roanoke, Virginia, Department of Fire & Rescue party of the second part and hereinafter referred to as the OWNER. WITNESSETH, that the Contractor has been awarded a contract by the Owner for the fabrication, construction, excavating, foundation work and installation of a fire training /burn building and fire training simulator for a natural gas system located on the grounds of the Roanoke County Regional Fire & Rescue Training Center, 1220 Kessler Mill Road, Salem, Va. 24153, in the contract documents referred to as work; and whereas, the Contractor has entered into a performance and payment bond, with surety, each in the penalty of One Hundred Percent (100 %) of the contract sum payable to the County of Roanoke, conditioned upon the faithful performance and upon the payment for labor and material, respectively, pursuant to this contract and the contract documents hereinafter set out, upon which the bid of said Contractor was offered. ARTICLE 1. That, for and in consideration of the sums of money hereinafter specified to be paid by the Owner to the Contractor for the Work provided in the Contract Documents to be performed by the Contractor, the Contractor hereby covenants and agrees with the Owner to fully construct, perform and complete the said Work in good and workmanlike manner in accordance with the Contract Documents and proposal specifications, drawings and within the time therein stipulated, time being made. of the essence of this Contract; it being agreed by parties hereto that the Contract Documents _ consist of' this Contract 'and the following, all of which are and constitute a part of the Contract, vis: 1. The Request for Proposal, dated September 18, 2008 2. Addendum Number 1, Dated October 2, 2008 3. The Contract Documents 4. The specifications and drawings. 5. The Proposal submitted by WHP trainingtowers Dated October 07, 2008 6. Final Proposal Dated March 04, 2009, Copy Attachment B. , . 7. Final Cost Complete Not To EXCEED Seven hundred fifty thousand dollars. ($750,000) 8. Final Acceptance: Acceptance of the system and building will not occur until such time the Va. Department of Fire Programs witnesses and issues their final approval. The proposer shall schedule an acceptance test with County and State representatives to demonstrate each props operation and all system components work as designed and to ensure compliance with the Virginia Department of Fire Programs Project Manual for Burn Building Props. Failure to comply will require the proposer to make the necessary changes to the system until it passes. ARTICLE 2. Contract Sum: The Owner covenants and agrees to pay the Contractor for the performance of the Work, in the manner and at the times, set out in the Contract Documents, in current funds, the Contract Sum of seven hundred fifty thousand dollars ($750,000.00). The contract sum may be increased or decreased by addition and /or reductions in the Work effected by written change orders, as approved prior to execution by the Project Manager and the Department of Procurement Services. ARTICLE 3. Supervision: The Project Manager will be Rodney Ferguson, Battalion Chief, Roanoke County Fire & Rescue. ARTICLE 4. Time and Commencement and Completion: The Contractor shall commence the Work to be performed under this Contract on the date as stated on the Notice to Proceed. The contractor shall have the said Work substantial completed in 154 calendar days from the "Notice to Proceed" and final completion within 30 calendar. days. If the work is delayed at any time, by changes ordered in the work by the Owner, labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated or unavoidable casualties, then the Contract Time shall be extended by Change Order for such reasonable time as the owner may determine. Any claim for extension of time shall be made in writing by the Contractor to the owner. If the work is not completed within the time as specified above, then the Contractor agrees to pay as liquidated damages, but not as penalty, the sum of $100.00 per day to the County of Roanoke for each consecutive calendar day in excess of the stated time. ARTICLE 5. Payment: Payments will be as follows: 1. Payment for materials upon delivery. 2. Payment at 50% completion 3. Payment at 75% completion 4. Payment at 100% completion and acceptance by Virginia Department of Fire Programs. 5% Retainage will be withheld from all payments. ARTICLE 6. Insurance: The Contractor agrees to obtain and maintain, at the Contractor, s expense, such insurance as will protect the Contractor and the Owner from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the County and the Contractor from all claims for bodily injury, death, or property damage which may arise from the performance by the Contractor or by the Contractor's employees, services required under this agreement. The County Of Roanoke require that anyone on the site have a minimum insurance requirement for general liability Insurance and Auto liability of one million dollars per occurrence and workers compensation coverage of statutory limits. The insurance certificate must be issued with the "County of Roanoke Board of Supervisors" as additionally insured. ARTICLE 7. Nondiscrimination: During the performance of this contract, the contractor agrees that the contractor will not discriminate against any employee or applicant for employment because of age, race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting requirements of this section. The Contractor will include the provisions of the foregoing subparagraphs in every 'subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. ARTICLE 8. Drug -free Workplace: During the performance of this contract, the contractor agrees to (i) 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 contractor's 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 the contractor that the contractor maintains a drug -free workplace; and (iv) include the provisions of the forgoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter;- the employees - of- whom are prohibited from engaging in the unlawful - manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. ARTICLE 9. Immigration Reform and Control Act: Contractor is aware of and understands the Immigration Reform and Control Act of 1986 (IRCA) and is in compliance with IRCA; that it acknowledges its responsibility to complete I- Employment Eligibility Verification froms for all of its employees assigned to work on County contracts who are not authorized to be in the United States; and that it agrees to defend and indemnify the County of Roanoke for any liability arising aout of claims that the contrator's employees are not authorized to work in the, United States of any other claims based upon any alleged violations of IRCA by the cntractor. ARTICLE 10. Termination of Contract: if the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with these Documents or fails to perform a provision of the Contract, the Owner, after seven days written notice to the Contractor and without prejudice to any other remedy the Owner may have, may, make good such deficiencies and may deduct the cost thereof, from the payment then or thereafter due the Contractor. Alternatively, at the owner, s option, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Article 11. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the County of Roanoke and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property.(other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in ,part by any negligent act or omission of the Vendor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any parry or person described in this Paragraph. The County cannot legally agree to any clause indemnifying the contractor from any damages arising out of the contract or holding the contractor harmless. The submission of a bid or proposal means that the contractor agrees not to request such Ianguage in the resulting contract. IN WITNESS WHEREOF the Contractor has hereunto set his hand and the Owner has caused this contract to be signed by the Procurement Department, and its corporate seal to be hereunto affixed on the day and year first above written: WHP Trainingtowers, a Division of Jahnke and Sons Construction, Inc. BY: Signature P­da Printed Name itle DATE: Owner: County of Roanoke, Va Department of Fire & Rescue BY: Sign ure Y4Prr'ht_eZYName DATE; ATTEST: County of Roanoke Finance Department, Purch76, ' DM 'on by: By: . Signature RPNES �.ANIACTC. Printed Name/Title Date: 03 Attachment A. Contracts includes: - Final Proposal from WHP attached. Contract Includes: Total bid price including fright, and materials for the structures $737,131.00 Bond 11,418.00 Permits Building 1,600.00 Business License 1,200.00 Total contract Price shall not exceed seven hundred fifty thousand dollars, ($750,000-00) Attachment B. Copy of Final Quote. _. t ra i n i n g tovv a rs qo ri r Bid Proposal For County of Roanoke, VA 24018 IFB 0936 With Revised Options and Possible Deducts To Whom It May Concern: We are providing a quotation on the above project based on specifications and drawings provided by the County of Roanoke, VA. Specifically we are providing the pre - engineered training tower, residential/industrial building and annex as outlined in the specifications, section 13144- "Fighting Simulator" as follows: A. The simulator consists of a structure which has out to out dimensions of approximately 21' -11" wide x 61' -2" long overall with varying roof heights. The simulator will have three sections; a 4 -story tower, a 2 -story residential/industrial section, and a one -story annex section. Each section will be outlined in this specification and the sections are referred to as Sections A, B, and C. Section A is connected to section B and section C is connected to the opposite side of section B from section A. Each of these sections is outlined below. 1. Section A will be a four -story tower approximately 21' -11" W x 11'-8" L x 44' -0" H. a. Four (4) interior decks b. One (1) parapet roof system c. Two (2) 3' -0" chain gates, one (1) on each 11' -8" face of the tower d. Two (2) 3' -0" chain gates on outside 21' -11" side of tower e. Two (2) rappelling anchors on the roof f. One (1) 2'-6" x S -0" Bilco roof hatch g. One (1) vertical ladder from the 4th floor up to the roof hatch h. One (1) four -story interior stair with welded stair railing i. One (1) 3' x 7' exterior door with hollow metal door frame and hardware (one, at grade , one to roof of residential j. Four (4) 3' x C window openings with latching shutters k. One (1) attic acces 2. Section B will be a residentialfindustrial section approximately 21' -11" W x 35' -0" L x 24' -0" H. a. One (1) gable roof, 5/12 and 9/12 un -equal pitch with perimeter welded guardrail b. Two (2) 8' -0' chain gates, one (1) on each 35' -0" face of the residential /industrial gabled roof c. Two (2) chop outs on gabled roof, one (1) 48" x 48" chop out and one (1) 48" x.96" chop out d. One (1) attic space provided between the gabled roof and the second floor e. One (1) 3'x T framed window opening with latching shutter at exterior gabled end of the attic f. Six (6) 3'x 4' framed window openings with latching shutters g. Six (6) 3'x 7' doors with hollow metal frame and hardware h. One (1) 9'x 7' overhead garage door I. One (1) two -story interior stair with welded stair railing j. One (1) two -story exterior stair with welded stair railing k. Room layout per Virginia Department of Fire Programs requirements (indicated on drawings) 1. One (1) 12' x 12' bum room with extra 6'x 8' interior wall protected with a Super Padgenite liner system 3. Section C will be a one -story annex approximately 21' -11" W x 14'-6" L x 10' -0" H. a. One (1) 3' x 4' framed window openings with latching shutters b. Two (2) 3' x 7' doors with hollow metal frame and hardware . c. One (1) 12'x14' -6" burn room protected with a Super Padgenite liner system , d. One (1) "Safe Deck" working surface on roof with welded perimeter guard rail Additional Items Included: • Temperature monitoring for both burn rooms • Concrete work previously bid • Site work previously bid. • Gas fired props as provided by Kidde Fire Trainers We are compliant with the intent of the bid specifications and revisions as agreed to. Our buildings are factory painted, as are the doors, door - frames, shutters, and louvers. Exterior and interior hand railings, guard railing, stair stringers, stair treads and working decks are hot dipped galvanized. We will be responsible for touch up of our pre - finished items. ,y EXCLUSIONS We exclude from our bid: state and local taxes, special insurance requirements, fees of any type, field painting, mechanical, electrical services to building, gas to building, nitrogen bottle, protective barriers /fencing, fire protection systems, soil test, engineering layout and general condition items Total bid price including freight, and materials for the structures $737,131.00 Bond (If Required) $ 11.418.00 Options Six (6) Movable maze panels, one has door . $ 6,451.00 One (1) 4 -story dry standpipe with interior and exterior FD Connections $ 3,146.00 One (1) 2 -head sprinkler run $ 762.00 Warranty for 2"d year + 4 PM's over 2 years gas simulators $ 18,400.00 Possible Deduct Items Kitchen Prop $ 1,777.00 Bed Prop $ 1,111.00 Window shutter each $ 990.00 Note: Options prices include installation were applicable. SCHEDULE Our schedule will be 2 weeks to prepare shop drawings. 10 -12 weeks to fabricate the building after approval of drawings and submittal of detailed information. 1 week for delivery to site. 6 -8 weeks to erect the building. TERMS Terms: A deposit of 25% on the building package is due on receipt of order (signing of contract). Balance of payment on materials due on delivery to site. No retention on materials. Labor will be billed monthly. Invoices not in dispute over 30 days will be assessed 1 Y2% per month on balances in excess of 30 days Bid prices are good for 30 days from bid date. Thank you for the opportunity to provide you with this quotation. If there are any questions please contact us at 1- 913 - 385 -3663, 8:00 a.m. to 5:00 p.m. CDT. William M. Jahn President WHP Trainingtowers 800- 351 -2525 Virginia State Contractors License Number. February 25, 2009 Class A, 2705 095646A VIRGINIA FIRE SERVICE GRANT PROGRAM AGREEMENT Grant for Constructing or Repairing Burn Building or Fire Service Training Facilities Statutory Authority: §38.2 -401 of the Code off'Virginia This Grant Agreement, made as of the �0 day of / 60 , by and among the VIRGINIA DEPARTMENT OF FIRE PROGRAMS (the "Dep nt" ), acting authorized on behalf of the Virginia Fire Services Board (the "Board % and Roanoke County , (the "Grantee "), governs the distribution and use of Fire Services Grant Program moneys, as provided for in §38.2 -401 (D) of the Code of Virginia. WHEREAS, §38.2 -401 (D) of the Code of Virginia, authorizes the Board to determine the distribution of grants to provide regional fire services training facilities; to finance the Virginia Fire Incident Reporting System; and to build or repair Burn Buildings; and WHEREAS, the Grantee has submitted an application for a grant from the Fire Service§ Grant Fund Program to assist in funding the construction of or repair to a bum building, or funding the construction of or repair to a regional fire service training facility, Roanoke Valley Regional Fire -EMS Training Center together with plans, specifications and project narrative for such project narrative for such project; more specifically described in Attachment A hereto (the "Project "); and WHEREAS, the Board has approved the Project and has authorized the Department to act on its behalf in the distribution and administration of grants; NOW, THEREFORE, pursuant to the authority granted to the Board and Department by §38.2 -401 (D) of the Code of Virginia, and in consideration of the Grantee's adoption and ratification of the representations, terms and conditions as herein provided, and benefits to accrue to the Commonwealth and public from the accomplishment of this Project, the department offers a grant of $ 430,000.00 to pay eligible Project cost subject to the terms and conditions listed below: 1 These funds shall be disbursed by the Department to the Grantee after the Agreement has been signed. 2 'These timds shall be deposited in an interest - bearing account or normal risk and with a demand restriction, if any, not exceeding 30 calendar days until they are needed. The Grantee must be able to account for both the principle and the interest amounts. Any unused funds, including interest; shall be returned to the Department. 3 Unless an extension has been granted by the Department, the construction and/or repair tasks shall be completed, and all documentation pertaining to such activities shall be submitted to the Department on or before 12 months after the grant funds have been disbursed. 4 The Department may grant an extension of up to three months beyond the 12 month period to complete the construction and/or repairs, and to submit documentation Any extension beyond three months must be submitted to the Virginia Fire Services Board for approval. 12/2006 _ Page 1 of 4 The Grantee agrees to carry out and complete all phases of the Project strictly in accordance with the plans, specifications and project narrative. The plans, specifications and project narrative may only be revised or modified with the Board or Department's prior written approval. The Grantee agrees to allow the Board representative access to the Project at all reasonable times to verify compliance with the approved plans, specifications and project narrative. The Grantee agrees that no construction or repair work shall commence until the following types of insurance are in place for entities performing any such work, including subcontractors, and these types of insurance shall be maintained at all times while construction or repair work is being performed: (a) an All Risk Builders Risk Property insurance policy based on the completed value of all such work, with exclusions for design errors or defects removed by policy endorsement, and the locality shall be named additional insured in such policy; (b) a Workers' Compensation and Employer's Liability insurance policy covering all workers or employees engaged in such work, and, in case any such work is sublet, each subcontractor shall, similarly, provide Workers' Compensation and Employer's Liability Insurance for all of the subcontractor's workers or employees who are engaged in the work, and in amounts not less than the minimums required by the Code of Virginia and other applicable laws and regulations; (c) a Comprehensive Commercial General Liability insurance policy that provides a minimum level of $500,000 combined single limit per occurrence, and the loci 7 The Grantee agrees to operate and maintain the Project, now existing or built in whole or in part as a result of the Project, as a training facility for a period of 20 years from completion of this Project. 8 The Grantee agrees to operate, maintain and use the Project in accordance with the policies adopted by the Board, as amended from time to time. 9 Subject to lawful appropriation, the Grantee agrees to repay to the vepastment a sum wtuch is equal to the pro- rate share (computed monthly) of all monies received under this Grant Agreement based on the period of operation and maintenance as specified in paragraph 7 above in the event that the Project ceases to be available for such specified training purposes prior to the expiration of such period, if such change in availability is due to an act or omission within the sole and direct control of the Grantee. 10 Grantee hereby agrees that the Project shall be maintained and operated at all times in a manner designed to prolong the useful life of the Project and that no condition will be allowed to exist that will, or is likely to, lead to a shorter than expected useful life for the Project. The Grantee further agrees to ensure appropriate encroachment factors of surrounding land for a period of 5 years from the completion date of the Project. 11 The Grantee represents to the Department that (a) its authorized representative whose signature appears below has read and understands the referenced provisions of the Code of Virginia and the Board's policy entitled "VFSB Bum Building Policy: Fire Service Grant Program, Grant Awards to Construct, Renovate, or Repair Bum Buildings throughout the Commonwealth', adopted thereunder, as amended from time to time, which are hereby incorporated into this Grant Agreement by reference in its entirety; (b) it agrees to comply with all applicable provisions of the Code of Virginia, including if appropriate, the Virginia Public Procurement Act that governs construction of public facilities by private entities. (c) It is duly authorized to enter into this Grant Agreement and to perform its obligations hereunder and has taken all necessary action to authorize such execution and performance. 12 This grant will be fully liquidated in public benefits to the Commonwealth 20 years from the completion date of the Project and the Grantee shall have no further financial obligation to the Commonwealth under this Grant Agreement upon the expiration of such time. 12/2006 Page 2of 4 13 To the extent permitted by law, the Grantee shall retain title to the Project and underlying land, and the Grantee shall not release or transfer title without first receiving written approval from the Board prior to such release, which approval shall not be unreasonably withheld. 14 The Grantee agrees to retain all books, records and other documents relative to expenditures of Grant Funds for five years from the completion date of the Project The Board, the Department and/or State auditors shall have full access to and the right to audit any of these records during the above- referenced period. 15 The Department shall be bound hereunder only to the extent of the Fire Services Grant Funds available or which may hereafter become available for the purpose of this Grant Agreement. 16 This writing constitutes the entire Grant agreement between the parties, supersedes any existing agreement among the parties hereto relative to the matters contained herein, and may be modified only by written amendment executed by all parties. 17 This agreement shall in all respects be governed by the laws of the Commonwealth of Virginia without regard to the legislative or judicial conflict of laws rules of any state. lg If any provision of this Grant Agreement is determined to be invalid by a court of competent jurisdiction, it shall not render the remaining portions of this Grant Agreement void or unenforceable. 19 This Grant Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 20 When any written notice or report is required or may be given hereunder, it will be deemed sufficient if the parry giving such notice, request, or report delivers the same to the other party by U.S. mail, postage prepaid, or by other superior mailing, or by hand delivery. All notices, request, demands or reports delivered by mail or by hand will be deemed to have been given when received by any party hereto at the following addresses: Grantee: Such office or mailing address as stated on the Point of Contact Form attached hereto or to such other address of which the Grantee has notified the other parties hereto in writing. Agency and Board: Virginia Department of Fire Programs Attn: Burn Building Grant Administration 1005 Technology Park Drive Glen Allen VA 23059 -4500 or to such other address of which the Department has notified the Grantee in writing. 12/2006 Page 3of 4 IN WITNESS WHEREOF, the parties hereto have by their duty authorized representatives executed this Grant Agreement as of the date first above written, intending to be bound thereby. DEPARTMENT OF I PROGRAMS 13Y: Signature of Authori presentative Date Name: Commonwealih of Virginia, Title: went Of Eire Programs GRANTEE The Grantee, ROANOKE COUNTY does hereby accept and ratify all terms, conditions and agreements contained in this Grant Agreement and does hereby accept the grant and by such acceptance agrees to f the terms d conditions hereof. Z°Or> BY: Signature of Autborized R*esentative Name: Elmer Hodge Title: County Administrator, Roanoke County 12/2006 Page 4of 4 ACTION NO. A- 010808 -3 ITEM NO. G -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $430,000 from the Virginia Department of Fire Programs and $350,000 from other sources for the construction of a new burn building. SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1998, Roanoke County entered into an agreement with Roanoke City, City of Salem, and the Town of Vinton to build the Roanoke Valley Regional Fire /EMS Training Center and use a portion of each locality's State Fire Program Fund to repay the $1.9 million construction loan. This agreement provided a funding formula that allocated a portion of the construction loan applicable to each locality. This formula is still used today to share annual operating revenue for the facility. The success of this venture is demonstrated every day by the increased usage of the facility by not only the four localities included in the agreement, but also outside fire /rescue agencies and other departments. The facility operates day and night and often on the weekends. Training props have been improved or added throughout the years and the grounds now host a confined space maze, technical rescue props, trench rescue mock, and a burn building. The current burn building is over 20 years old and has had several renovations through the years. It has reached the end of its useful life and it is now imperative that this critical training prop be replaced with a new, state -of -the -art structure. The four localities have once again jointly pursued funding through the Virginia Department of Fire Programs with much success. A grant in the amount of $430,000 was awarded to the localities to fund the new construction of a burn building on the Kessler Mill Road site. Further details of the grant are contained in the attached documentation from the Virginia Department of Fire Programs (attachments 1 & 2). Estimates show that an additional $350,000 is needed to fully fund an adequate new structure. Utilizing the existing formula, each locality will be responsible for a portion of this additional cost as follows: Roanoke County 44% $154,000 Roanoke City 44% $154,000 City of Salem 8% $ 28,000 Town of Vinton 4% $ 14,000 . Total 100% $350,000 By replacing this critical training structure, the entire facility will continue along the successful path it currently follows, providing training for the Roanoke Valley jurisdictions and beyond. FISCAL IMPACT: . The projected cost of the new Burn Building Training Prop; is $780,000, with $430,000 funded by a grant from the Virginia Department of Fire Programs. The additional $350,000 will be split among the four original jurisdictions using the funding formula established in the Roanoke Valley Regional Fire Training agreement. The financing recommendation is to add the County's 44% portion of the additional funds needed, or $154,000, to the existing insurance reserve fund loan balance of $213,559 which will be repaid at a rate of $60,000 per year with revenue from the State Fire Programs Fund. No new County money would be required from the General Fund budget. Staff are currently working on a memorandum of agreement with the participating localities and will bring this back to the Board for approval at a future meeting. STAFF RECOMMENDATION: Accept and appropriate funds for the construction of a new bum building from the followings sources: a. $430,000 in grant funds from the Virginia Department of Fire Programs b. $154,000 from the County's insurance reserve fund, to be added to the existing loan balance of $213,559, and to be repaid at a rate of $60,000 per year from the funds received from the State Fire Programs Fund. The debt would be repaid over the next six years. c. $196,000 from the participating localities of City of Roanoke, City of Salem and Town of Vinton 2 VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: Rick Burch, Chief of Fire & Rescue Rebecca Owens, Director, Finance Clerks of Roanoke, Salem, and Vinton KI Yes No Absent Ms. Moore ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Flora ® ❑ ❑ cc: Rick Burch, Chief of Fire & Rescue Rebecca Owens, Director, Finance Clerks of Roanoke, Salem, and Vinton KI C: cu L. U) 2 LU W L 0 ^� W ry N Ne O C (6 0 ry W W Am L. O -6-1 m E v J W .C: L a m .w Q p c c E :3w� F E E c cm o c 0 •c 0 cl 0 FCLa) Co >w cu 0 L L M� 4) s . . (n 1, ai D .0 L Q} L V Z m a s Z ui p oe UJ tt CA EA m O O O O O O O O O O O O O O O O OC.O 000 1`C6vi L T" TM 000 L 0 co MLn(7) _O m CD co NooO C)Od' E *0 = 00 00 N M CD M L C7 � N 1� N ti •r L ti ti 0. {f} 69 O ■ L L O L 0 co _O m M E *0 E E CO F- C c O 0 . s CL y i ° o = a: a IM v V IL -a 3 C/) 0 0 C/) c O C/) ry O O O O O O � N CD t0 M O d' p � C3) r- o t0 O Nw M (Ni N p � d' .V L Q cn E 4--+ L O Cu -�--+ cu W 17 ,� 0 U 1 cn cn 0 O O O o 00 0 o O o O O Cc N O O O w cc O M I` U') N �- O ^ O O U o Jc: C: o ^ _r _ cn O 1 co m E Z3 0 o 0 ® w O Ca 45 C s- _0 C: cu Co CM _0 :3 -C Ll�- U) � O � � p Soo ?� 0 N 0 O Cfl > E a� c .v 'LM am 0 IMM a� o S . .— z3 L � �m L O c N � .. L L O O O cu O � (n O U) d' m 0 L O c� E .(n a� a� to m cm N cn E O O L L v. 0 c� c� U X O C� .C: mo U .- O O Cn CD .C: U L. O O 4- a O U O U m O C� O UL . CD O L Ct3 O L C� L cr O L. O O LO lr - 0 0 0 LO Q 00 ti 0 V s. V O 0 0 0 0 0 Q O C 0 0 O ■ 0 0 0 0 0 0 O 0 0 d= d= oo d- O O M LO LO N 'r O r r CD ._ co 0 (D CL 0 L. - ca O .� C- ,o o E E o) �-2 -a = ° L- a) U O o o _ _ U. o 4-j .� — 0 06 U CU a) -�, }, 0 U N O C/) > N O .!::� p `+- 4- C) 0 -r C: O O C — c6 t O - •- O > > ry U U I- �O { STEPHANIE M. MOON, CMC City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am attaching copy of Budget Ordinance No. 38458 - 051809 appropriating funding from the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program Grant, and amending and reordaining certain sections of the 2008 -2009 Grant Fund Appropriations. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human /Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38458 - 051809. AN ORDINANCE to appropriate funding from the federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA), 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 ARRA WIA Youth in School FY09 35 -R09 -0946 -8057 $ 70,000 ARRA WIA Youth out of School FY09 35 -R09- 0947 -8057 30,000 Revenues ARRA WIA Grant FY09 35 -R09- 0943 -2914 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. `• City Clerk. r. 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council, Subject: 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 Honorable Mayor and Members of City,Council May 18, 2009 Pag e 2 Businesses in need of employment and job training services. The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO) for the American Recovery & Reinvestment Act, from the Virginia Community College System, allocating $414,795 for the Youth Program which serves economically disadvantaged youth for the period of February 17, 2009 - June 30, 2011. At the April 16, 2009 Western Virginia Workforce Development Board Executive Committee Meeting the board's Executive Committee voted to allocate $100,000 of the American Recovery & Reinvestment Youth Program funding to the Youth Summer Work Program as required by the American Recovery & Reinvestment Act. 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 American Recovery & Reinvestment Act Workforce Investment funding of $100,000. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $100,000 and appropriate $70,000 to Youth In- School Program, and $30,000 to Youth Out -Of- School Program, in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, eDtlene L. Bur am ty Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human /Social Services CM09 -00083 1 ay: STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am attaching copy of Resolution No. 38459 - 051809 authorizing the City Manager to execute a Modification Agreement dated April 1, 2009, and to secure the associated Amended Notes in order to reschedule the balance of a 1991 loan of Community Development Block Grant funds originally provided to Total Action Against Poverty in Roanoke Valley, Inc., for the acquisition and rehabilitation of certain properties in the City of Roanoke. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: William M. Hackworth, City Attorney Ann H. Shawver,- Director of Finance Sherman M. Stovall, Director, Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38459 - 051809. A RESOLUTION authorizing the City Manager to execute a Modification Agreement dated April 1, 2009, and to secure the associated Amended Notes in order to reschedule the balance of a 1991 loan of Community Development Block Grant (CDBG) funds originally provided to Total Action Against Poverty in Roanoke Valley, Inc., for the acquisition and rehabilitation of certain properties in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Modification Agreement dated April 1, 2009, between Total Action Against Poverty in Roanoke Valley, Itic., Roanoke At Home Limited Partnership, and the City of Roanoke, and to secure Amended Notes from Total Action Against Poverty in Roanoke Valley, Inc., and Roanoke At Hoene Limited Partnership, pertaining to the rescheduling of debt remaining on the 1991 loan of CDBG funds, such Modification Agreement and Amended Notes to be approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated May 18, 2009, to City Council. ATTEST:' City Cleric. R- SRO -TAP Loan Extension.doc C 1 0, �, == 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Single -Room Occupancy (SRO) Loan Extension for Roanoke At Home, LP Background: In 1991, City Council approved loaning $145,000 in Community Development Block Grant (CDBG) funding to 'assist Total Action Against Poverty (TAP) in purchasing and rehabilitating properties to provide Single Room Occupancy (SRO) housing for homeless individuals. The loan was amortized over 30 years at an interest rate of one percent (1.0%), which resulted in annual payments of $5,618.47. The loan was structured such that sixteen (16) annual payments of this amount were required, followed by a final balloon payment of $73,791.75. Roanoke at Home Limited Partnership (the LP) was formed to rehabilitate the five structures, including obtaining federal low- income housing tax credits to assist with development financing. TAP Housing Corporation, which became Blue Ridge Housing Development Corporation (BRH), was the general partner. The LP assumed the obligations of the Notes and Deeds of Trust securing the loan and has been making the annual payments. On December 29, 2008, the Office of Billings and Collections (OBC) billed the LP for the final balloon amount, which was actually due on December 13, 2008 in accordance with the original agreement. Honorable Mayor and Members of City Council May 18, 2009 Page 2 On February 6, 2009, BRH staff contacted the OBC, requesting an extension on the balloon payment. BRH offered to make the annual payment of $5,618.47, with the $68,173.31 balance to be paid by January 2010. BRH explained that it lacked sufficient funds for the balloon payment at this time, but intended to sell the properties by January 2010 and would pay the balance with the proceeds. Considerations: Since contacting the City, BRH has remitted an annual payment amount of $5,618.47 and is awaiting the City's response on whether the payment of the balance will be rescheduled. Given BRH's present financial circumstances and that it has remained current on its annual payments, the City believes it would be appropriate to reschedule the payment of the balance as BRH has requested and without additional interest. The City Attorney has prepared the necessary Loan Modification Agreement and Amended Notes to accomplish the rescheduling. Since City Council approved the original loan,.execution of the Loan Modification Agreement and the associated Amended Notes also require its approval. Recommended Action: Authorize execution of the Loan Modification Agreement and associated Amended Notes, similar in form and content to the attached documents, such documents to be approved as to form by the City Attorney, in order to reschedule the balance due. Respectfully submitted, Darlene L. Burcham City Manager Attachments 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 Frank E. Baratta, Budget Team Leader CM09- 00081 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT, made this 1st day of April, 2009, by and between TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. ( "TAP "), and ROANOKE AT HOME LIMITED PARTNERSHIP ( "Partnership "), hereinafter referred to as "Grantors," the CITY OF ROANOKE ("City"), and David L. Collins and William M. Hackworth, Trustees. WITNESSETH: WHEREAS, by Agreement dated November 13, 1991, and executed by TAP and the City, the City agreed to loan $145,000.00 of Community Development Block Grant funds to TAP for the purchase of the following five (5) properties in the amounts stated in parentheses: 1301 Rorer Avenue, S.W. ($23,085.00); 1321 Rorer Avenue, S.W. ($13,850.00); 1415 Chapman Avenue, S.W. ($15,705.00); 1529 Patterson Avenue, S.W. ($50,800.00); and 609 Twelfth Street, N.W. ($41,560.00); WHEREAS, by a deed dated November 15, 1991, TAP became the owner of the property located at 609 Twelfth Street, N.W.; WHEREAS, by a Note dated November 15, 1991, from TAP to the City for the funds to purchase the property located at 609 Twelfth Street, N.W. ( "Note "), TAP agreed to pay the City $41,560.00, plus interest, over the course of fifteen (15) years; WHEREAS, the Note was secured by a Purchase Money Deed of Trust dated November 15, 1991, and recorded February 19, 1992, in Roanoke City Deed Book 1653, at page 326 ( "Purchase Money Deed of Trust "); WHEREAS, by four (4) deeds dated December 13, 1991, TAP became the owner of the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W.; WHEREAS, by four (4) Corrected Notes dated December 13, 1991, from TAP to the City for the funds to purchase the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W. ( "Corrected Notes "), TAP agreed to pay the City $23,085.00, $13,850.00, $15,705.00 and $50,800.00, plus interest, for each of the properties, respectively, such Corrected Notes being due and payable on December 13, 2008; WHEREAS, the Corrected Notes were secured by four (4) Corrected Purchase Money Deeds of Trust dated December 13, 1991, and recorded July 1, 1992, in Roanoke City, Deed Book 1662, at pages 902, 906, 910, and 914 ( "Corrected Purchase Money Deeds of Trust "); WHEREAS, by Agreement dated December 22, 1992, and signed by TAP, the City, and the Partnership, the City permitted TAP to transfer the five (5) subject properties to the Partnership on several conditions, including the condition that TAP remain liable on the Note and the Corrected Notes; — 9154713.doc 1 WHEREAS, by five (5) deeds dated December 28, 1992, TAP transferred ownership of the five (5) subject properties to the Partnership; WHEREAS, by Amendment No. 1 dated October 5, 1993, the City, TAP and the Partnership amended Paragraph Nos. 2(c) and 3 of the Agreement dated December 22, 1992, to provide that the Note, the Corrected Notes, the Purchase Money Deed of Trust, and the Corrected Purchase Money Deeds of Trust, would be no less than the second position in priority to a deed of trust executed in favor of Nationsbank in the amount of $867,000.00 during the period of rehabilitation of the structures on the subject parcels, and no less than the third position in priority to a deed of trust executed in favor of the Commonwealth of Virginia for permanent financing for up to $350,000.00, and a deed of trust executed in favor of TAP for up to $48,000.00 relating to an Energy Grant from the Commonwealth of Virginia, as more particularly set forth in Amendment No. 1; WHEREAS, TAP and the Partnership have requested that the due date of the Note and the Corrected Notes be extended until January 28, 2010, on which date, TAP and the Partnership would pay to the City all the remaining principal amounts outstanding, in accordance with the terms of this Modification Agreement dated April 1, 2009; and WHEREAS, by five (5) Amended Notes dated April 1, 2009, for the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W., 1415. Chapman Avenue, S.W., 1529 Patterson Avenue, S.W., and 609 Twelfth Street, N.W. (collectively, "Amended Notes "), TAP and the Partnership have agreed to pay the City $10,853.63, $6,511.76, $7,383.86, $23,884.20 and $19,539.86, respectively, such Amended Notes considered by the parties to this Modification Agreement to be secured by the Purchase Money Deed of Trust and the Corrected Purchase Money Deeds of Trust. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. The maturity date of said indebtedness shall be and is hereby extended to January 28, 2010. TAP and the Partnership are jointly and severally responsible for the repayment of the amounts loaned. 2. TAP and the Partnership will pay to the City on January 28, 2010, the following amounts as the remaining, full outstanding principal amount for each of the properties, as indicated: 609 Twelfth Street, N.W. $19,539.86 1529 Patterson Avenue, S.W. $23,884.20 1301 Rorer Avenue, S.W. $10,853.63 1321 Rorer Avenue, S.W. $6,511.76 1415 Chapman Avenue, S.W. $7,383.86 These amounts reflect the unpaid principal as of the date of this Modification Agreement. 3. The Purchase Money Deed of Trust and the Corrected Purchase Money Deeds of Trust are hereby modified to reflect the extension of the maturity date of the Note and the Corrected Notes, and the change in amount of the payment and terms of payment. By way of — 9154713.doc 2 confirmation of the foregoing, TAP and the Partnership hereby regrant and reconvey to the City the real estate, fixtures, personal property, and other collateral described in the Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust, IN TRUST to secure the Note and Corrected Notes as extended and amended hereby and the other indebtedness and obligations heretofore secured by the Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust. 4. To the extent that any other documents executed by TAP or the Partnership in connection with the loans secured by the Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust, require repayment terms other than those in this Modified Agreement, such documents are hereby modified to be consistent with the terms set forth above. 5. All of the other provisions of the Note, the Corrected Notes, and the Amended Notes, the Purchase Money Deed of Trust, the Corrected Purchase Money Deeds of Trust, and the other documents executed by TAP and the Partnership in connection with the aforesaid loans shall remain unchanged, and such documents as modified by this Modified Agreement, are hereby ratified and reaffirmed as of the date hereof and shall remain in full force and effect. 6. TAP and the Partnership hereby waive any and all setoffs, claims and defenses of any kind or nature that they may have against the City with respect to TAP's and the Partnership's obligation to repay the loans in accordance with the Note and Corrected Notes as modified hereby, or the Amended Notes, including presentment of the ' original Note, Corrected Notes, or the Amended Notes, or with respect to TAP's and the Partnership's other obligations under the Note, Corrected. Notes, Purchase Money Deed of Trust, Corrected Purchase Money Deeds of Trust and Amended Notes. 7. The Trustees join in this Modification Agreement for the sole purpose of acknowledging and agreeing to the foregoing modification of the Note, Corrected Notes, Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust. The City certifies that it is the sole holder of the Notes, Corrected Notes, and the Amended Notes, and authorizes and directs the Trustees to execute this Modification Agreement. SIGNATURE PAGE TO FOLLOW — 9154713.doc 3 WITNESS the following signatures and seals: ATTEST: Secretary ATTEST: Secretary ATTEST: Stephanie M. Moon, City Clerk TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. By Theodore J. Edict, Executive Director ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner By Alvin L. Nash, Executive Director CITY OF ROANOKE By Darlene L. Burcham, City Manager David L. Collins, Trustee (SEAL) William M. Hackworth, Trustee COMMONWEALTH OF VIRGINIA § § To -Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of day of ' 2009, by Theodore J. Edlich, the Executive Director of Total Action Against Poverty in the Roanoke Valley, Inc., for and on behalf of said corporation. My Commission expires: Notary Public Registration No. — 9154713.doc 4 COMMONWEALTH OF VIRGINIA § § To -Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of day of , 2009, by Alvin L. Nash, the Executive Director of Blue Ridge Housing Development Corporation the Corporate General Partner of Roanoke at Home Limited Partnership, for and on behalf of said corporation. My Commission expires: Notary Public Registration No.. COMMONWEALTH OF VIRGINIA § § To -Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of day of 2009, by Darlene L. Burcham, City Manager, for and on behalf of the City of Roanoke, Virginia. My Commission expires: Notary Public Registration No. COMMONWEALTH OF VIRGINIA § § To -Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of day of , 20095 by David L. Collins, Trustee. My Commission expires: Notary Public Registration No. — 9154713.doc 5 COMMONWEALTH OF VIRGINIA § § To -Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of day of 2009, by William M. Hackworth, Trustee. My Commission expires: Notary Public Registration No. — 9154713.doc 6 AMENDED NOTE ROANOKE AT HOME LIMITED PARTNERSHIP AND TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. a Virginia non- profit corporation Property Address: 1301 Rorer Avenue, S.W. Amount: $10,853.63 Date: April 1, 2009 For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Roanoke At Home Limited Partnership, a Virginia limited partnership ('Partnership "), and Total Action Against Poverty in the Roanoke Valley, Inc., a Virginia non - profit corporation ( "TAP "), jointly and severally, hereby promise to- pay to the City of Roanoke, a Virginia municipal corporation ( "City "), the principal sum of TEN THOUSAND EIGHT HUNDRED FIFTY THREE DOLLARS AND SIXTY THREE CENTS ($10,853.63), as evidenced by a Corrected Note dated December 13, 1991, in the principal amount of $23,085.00 executed by TAP in favor of the City, and this Amended Note, which amount of $10,853.63 shall be paid to the City in full not later than January 28 , 2010. The difference between the amount owed as evidenced by the Corrected 1 Note and this Amended Note is due to payments made on the principal and interest. Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to the Partnership and TAP. This Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between the City and TAP, the Agreement dated December 22, 1992, and Amendment No. 1 dated October 5, 1993, to the Agreement dated December 22, 1992, and the Modification Agreement dated April 1, 2009 (collectively the "Agreements "), by and between the City, the Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as if set forth herein. ATTEST: ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner Secretary ATTEST: Secretary Amended Note -1301 Rorer Avenue.doc GA Alvin L. Nash, Executive Director TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. Theodore J. Edlich, Executive Director AMENDED NOTE ROANOKE AT HOME LIMITED PARTNERSHIP AND TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. a Virginia non -profit corporation Property Address: 1321 Rorer Avenue, S.W. Amount: $6,511.76 Date: April 1, 2009 For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Roanoke At Home Limited Partnership, a Virginia limited partnership ( "Partnership "), and Total Action Against Poverty In the Roanoke Valley, Inc., a Virginia non -profit corporation ( "TAP "), jointly and severally, hereby promise to pay to the City of Roanoke, a Virginia municipal corporation ( "City "), the principal sum of SIX THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND SEVENTY SIX CENTS ($6,511.76), as evidenced by a Corrected Note dated December 13, 1991, in the principal amount of $13,850.00 executed by TAP in favor of the City, and this Amended Note, which amount of $6,511.76 shall be paid to the City in full not later than January 28 , 2010. The difference between the amount owed as evidenced by the Corrected 1 Note and this Amended Note is due to payments made on the principal and interest. Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to the Partnership and TAP. This Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between the City and TAP, the Agreement dated December 22, 1992, and Amendment No. 1 dated October 5, 1993, to the Agreement dated December 22, 1992, and the Modification Agreement dated April 1, 2009 (collectively the "Agreements "), by and between the City, the Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as if set forth herein. ATTEST: ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner Secretary. By Alvin L. Nash, Executive Director ATTEST: TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. Secretary Amended Note -1321 Rorer Avenue doc Theodore J. Edlich, Executive Director AMENDED NOTE ROANOKE AT HOME LIMITED PARTNERSHIP AND TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. a Virginia non - profit corporation Property Address: 1415 Chapman Avenue, S.W. Amount: $7,383.86 Date: April 1, 2009 For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Roanoke At Home Limited Partnership, a Virginia limited partnership ('Partnership "), and Total Action Against Poverty in the Roanoke Valley, Inc., a Virginia non -profit corporation ( "TAP "), jointly and severally, hereby promise to pay to the City of Roanoke, a Virginia municipal corporation ( "City "), the principal sum of SEVEN THOUSAND THREE HUNDRED EIGHTY THREE DOLLARS AND EIGHTY SIX CENTS ($7,383.86), as evidenced by a Corrected Note dated December 13, 1991, in the principal amount of $15,705.00 executed by TAP in favor of the City, and this Amended Note, which amount of $7,383.86 shall be paid to the City in full not later than January 28 , 2010. The difference between the amount owed as evidenced by the Corrected 1 Note and this Amended Note is due to payments made on the principal and interest. Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to the Partnership and TAP. This Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between the City and TAP, the Agreement dated December 22, 1992, and Amendment No. 1 dated October 5, 1993, to the Agreement dated December 22, 1992, and the Modification Agreement dated April 1, 2009 (collectively the "Agreements "), by and between the City, the Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as if set forth herein. ATTEST: ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner Secretary ATTEST: Secretary Amended Note - Chapman Avenue.doc 0 Alvin L. Nash, Executive Director TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. II Theodore J. Edlich, Executive Director AMENDED NOTE ROANOKE AT HOME LIMITED PARTNERSHIP AND TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. a Virginia non - profit corporation Property Address: 1529 Patterson Avenue, S.W. Amount: $23,884.20 Date: April 1, 2009 For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Roanoke At Home Limited Partnership, a Virginia limited partnership ( "Partnership "), and Total Action Against Poverty in the Roanoke Valley, Inc., a Virginia non - profit corporation ( "TAP "), jointly and severally, hereby promise to pay to the City of Roanoke, a Virginia municipal corporation ( "City "), the principal sum of TWENTY THREE THOUSAND EIGHT HUNDRED EIGHTY FOUR DOLLARS AND TWENTY CENTS ($23,884.20), as evidenced by a Corrected Note dated December 13, 1991, in the principal amount of $50,800.00 executed by TAP in favor of the City, and this Amended Note, which amount of $23,884.20 shall be paid to the City in full not later than January 28 , 2010. The difference between the amount owed as evidenced by the Corrected I Note and this Amended Note is due to payments made on the principal and interest. Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to the Partnership and TAP. This Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between the City and TAP, the Agreement dated December 22, 1992, and Amendment No. 1 dated October 5, 1993, to the Agreement dated December 22, 1992, and the Modification Agreement dated April 1, 2009 (collectively the "Agreements "), by and between the City, the Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as if set forth herein. ATTEST: ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner Secretary ATTEST: Secretary —5468974.doe LZ Alvin L. Nash, Executive Director TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. Theodore J. Edlich, Executive Director AMENDED NOTE ROANOKE AT HOME LIMITED PARTNERSHIP AND TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. a Virginia non - profit corporation Property Address: 609 Twelfth Street, N.W. Amount: $19,539.86 Date: April 1, 2009 For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Roanoke At Home Limited Partnership, a Virginia limited partnership ( "Partnership "), and Total Action Against Poverty in the Roanoke Valley, Inc., a Virginia non - profit corporation ( "TAP "), jointly and severally, hereby promise to pay to the City of Roanoke, a Virginia municipal corporation ( "City "), the principal sum of NINETEEN THOUSAND FIVE HUNDRED THIRTY NINE DOLLARS AND EIGHTY SIX CENTS ($19;539.86),as evidenced by a Note dated November 15, 1991, in the principal amount of $41,560.00 executed by TAP in favor of the City, and this Amended Note, which amount of $19,539.86 shall be paid to the City in full not later than January 28 , 2010. The difference between the amount owed as evidenced by the original Note and this Amended Note is due to payments made on the principal and interest. Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to the Partnership and TAP. This Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between the City and TAP, the Agreement dated December 22, 1992, and Amendment No. 1 dated October 5, 1993, to the Agreement dated December 22, 1992, and the Modification Agreement dated April 1, 2009 (collectively the "Agreements "), by and between the City, the Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as if set forth herein. ATTEST: ROANOKE AT HOME LIMITED PARTNERSHIP, by Blue Ridge Housing Development Corporation, General Partner S ecretary By Alvin L. Nasb, Executive Director ATTEST: TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. Secretary Amended Note- TwelRh Street.doc Q% Theodore J. Edlich, Executive Director ANN H. SHAWVER, CPA Director of Finance May 18, 2009 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 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: March Financial Report This month's report provides commentary on the first three quarters of fiscal year 2009. Revenues as of March total $169.1 million or 64.9% of our revised revenue budget, slightly ahead of our relative position one year ago. In order to meet budget, revenues must total $260.4 million, a 0.41% increase over the prior fiscal year's actual revenue total. At this time, revenues are not expected to achieve the estimate in total, and steps have been taken to reduce expenditures in an effort to respond to this situation. March and April are significant revenue collection months. The second installment of real estate tax was due April 6`h and a large portion of this tax was received before the end of March. The City expects to meet the real estate estimate. The next major local tax due date is Monday, June 1, 2009 for the personal property tax. Recent information indicates our personal property tax will also meet the estimate or fall just short, positive news given the current economy. Sales tax associated with retail sales through March remains slightly ahead of projections; however, we anticipate this revenue to be slightly behind the estimate by the end of the fiscal year. Details of significant or note - worthy General Fund variances between fiscal years 2008 and 2009, or between fiscal year 2009 actual and budget, are presented in the following sections. General Fund Revenues Revenues through March increased 3.9% compared to the prior fiscal year, boosted by early collections of the April real estate installment as of the end of March. The ,City expects 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. Honorable Mayor and Members of Council May 18, 2009 Page 2 Steps have been taken throughout the fiscal year to reduce expenses to offset the reduced .funding. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 12.8% through March as a result of collections of the April installment that are ahead of last year's spring collections. This will level out by the close of April. This tax was budgeted to grow by approximately 4.9% as a whole in FY09, and actual growth for the year is expected to meet this forecast. Partially offsetting the increase in real estate assessments is a decline in personal property tax revenue compared to last year as a result of lower billings on new vehicles. The majority of personal property taxes are due .June 151 and while the vehicular area is projected to be down, the business area is expected to grow. Therefore, we anticipate only a slight decline in personal property for FY09 compared to FY08 results. Other Local Taxes decreased 1.6% in the current fiscal year. Telecommunications tax, which applies to a number of services, including landline and wireless telephone, cable and satellite television, and radio services has decreased 7.0% fiscal year to date due to lower distributions state wide from October 2008 forward. In addition, telecommunications tax revenues for this period last year were higher than usual due to one time corrections for two large providers that had not properly filed returns for January through July 2007. Consumer utility taxes, most notably electric services, decreased as a result of milder weather conditions compared to the same time period last year. Business license tax was due March 151, and this revenue declined just under 3% compared to FY08. Partially offsetting the aforementioned declines is growth of 0.3% in sales tax over the past year due to increases in sales from electrical and building /asphalt businesses as well as recovery of sales tax payments from the state following audits by our Billings and Collections department. In addition, transient occupancy and prepared food and beverage tax increased 1.6% and 0.7% respectively, over the same period compared to FY08. Permits, Fees and Licenses decreased 33.4% from FY08 due to a decline in building inspection permit fees, most notably due to the William Fleming High School project and Carilion Medical Center which were both permitted last year. Revenue in this category was unusually high in FY08 and has consistently been lower in FY09. Revenue from Use of Money and Property decreased 18.4% primarily due to the decline in interest rates. The City invests funds that are not needed for immediate use in highly liquid, low risk investments to create interest revenue. Investments include money market accounts, the Local Government Investment Pool (LGIP), and federal agency bonds with short durations. March interest earned on total cash balance dropped from 3.00% in FY08 to 1.00% in FY09. The annualized rate of return for total interest earnings this fiscal year through March 31, 2009 was 1.9% compared to 4.3% for the same time period last year. In addition, rental payments from the Commonwealth for space occupied in a City owned building were higher last fiscal year due to a holdover clause in the lease contract. Honorable Mayor and Members of Council May 18, 2009 Page 3 Grants in Aid Commonwealth decreased 1.0% from FY08. A significant event impacting this category is reduction in funding from the Commonwealth as passed on to localities in the adoption of the FY09 budget. Roanoke's reduction was approximately $1.1 million. Also contributing to the decline is an expected 3.9% decrease in law enforcement funding through HB599. Partially offsetting the decline is 3.4% growth in street maintenance revenues received from the Virginia Department of Transportation (VDOT). These funds are determined annually from information regarding locality street types and lane miles submitted to VDOT. In addition, reimbursable social services expenditures have grown compared to the prior year due to an increase in rates for services and decreased Medicaid funding for some services. Internal Services have increased slightly over FY08. Although the net increase is less than 2 %, there are variances in two revenue sources worth noting. There is an increase in this category due 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. A comparative decrease in billing of the School's share of the Comprehensive Services Act (CSA) expenditures from FY08 to FY09 partially offsets the increase in this category. A retroactive billing adjustment occurred in March of the prior year when City Council adopted a budget ordinance for additional funding due to increased actual expenditures for special education. At this point in FY09, we are not forecasting a large adjustment in the school related CSA expenditures and therefore, have not adjusted the billing to the schools. However, actual expenditures and the related billing to the school board will be re- evaluated at year end. Transfers from Other Funds increased $33,333 from last year due to a transfer from capital projects contingency to cover the second installment due to the Historical Society of Western Virginia. The City currently has a commitment to provide capital funding to the Historical Society in the amount of $100,000 over three years. Last year's installment was funded within the General Fund through an appropriation of fund balance. Miscellaneous Revenue increased 11.5% in the current fiscal year primarily due to increased collections from the solid waste department for sales of recyclables, and donations from Virginia Western Community College to reimburse tuition costs for Fire /EMS personnel. General Fund Expenditures The FY09 expenditure budget totals $262.0 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 May 18, 2009 Page 4 The General Fund expenditures and encumbrances through March were $197.2 million. Compared to the prior year, these expenditures in total represent an increase of 1.4% or $2.7 million, most of which is attributable to an increase in debt service payments related to the Series 2008 bonds on which payments began this year. Decreased spending due to the timing of certain non - departmental transfers was offset by. increased spending for Street Paving, also related to timing of payments. 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. Transfers to Debt Service Fund increased 12.1% or $2.0 million over the same period in FY08. This large increase is due to the February 2009 payment of principal and interest on series 2008 public improvement general obligation bonds. The tax - supported components of these bonds were issued last year for Fire /EMS stations and William Fleming High School with payments' beginning February 1, 2009. The next payment will be due August 1, 2009. Nondepartmental expenditures decreased 10.0% or $0.6 million. 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. Partially offsetting the decrease is an increase in the subsidy paid to date to the Greater Roanoke Transit'Company. This timing difference will be corrected in April when the fourth quarter subsidy payment was made last year. Also partially offsetting the overall decline is a budgeted increase in the subsidy paid to the Civic Center. Civic Facilities Fund ➢ Global Spectrum began management of the Civic Center on January 1, 2009. ➢ The financial statement reflects revenues and expenses from both the City's financial system and the Income Statement provided in the Global Spectrum March Financial Statement package. ➢ Year to date operating revenues are down about $369,000 (20.9%), due to a lack of large events in fiscal year 2009. ➢ Overall operating expenses are up approximately $46,000 (1.4%). This is primarily depreciation ($31,000). ➢ Operating expenses excluding depreciation are up $15,000 (0.6%). ➢ Reduction in personnel costs ($269,000) have been more than offset by increased utility expense ($239,000) and management fees ($78,000). ➢ The operating loss in FY09 is greater than the loss in FY08. While the General Fund subsidy is also larger, the Change in Net Assets reflects a downward trend of almost $200,000 compared to the prior year. Staff are currently working to assess the projected financial condition for the fiscal year and the adequacy of the budgeted operating subsidy. Honorable Mayor and Members of Council May 18, 2009 Page 5 Parking Fund ➢ Operating revenues are $100,000 (4.5%) below budget for FY09 year to date. They are $7,000 (0.3%) below FY08 revenues for the same period. ➢ Growth in monthly parkers at Campbell Garage continues to be slow, but the number of monthly parkers has more than doubled since City Council approved the rate reduction. Parking for jury duty has been switched from Church Avenue to Campbell, and short term parking at this facility continues to do well. ➢ Operating expenses in FY09 are up $191,000 (23.8%) when compared to FY08. $125,000 (15.6%) of this is due to increased Lancor management fees in FY09, with $76,000 of the $125,000 attributable to the opening of Campbell Garage. ➢, Additionally, $50,000 (6.2%) of the overall operating expenses increase is due to utilities (electric and water /sewage) at the seven garages. Campbell Garage accounts for $10,000 of the $50,000 increase. ➢ Depreciation expense has risen due to the completion of Campbell Garage. ➢ Interest expense has risen, also due to the completion of Campbell Garage, as interest paid on 2004, 2006, and 2008 General Obligation Bonds is now being expensed instead of capitalized. Market Building Fund ➢ The Market Building Fund currently has three vacant spaces. ➢ Operating expenses include approximately $204,000 in expenses related to fall cleaning and maintenance. This is 43.5% of the Other Services and Charges. ➢ Utility expenses are up about $12,000 (15.7%) from FY08. Electric, natural gas, and water have had rate increases. ➢ Investment Income is down in FY09 due to a significantly weaker cash position and an interest rate which is less than half of the FY08 rate. ➢ Staff are working to project the financial results of this fund for the fiscal year and whether a small increase in the subsidy will be required. It should be noted that the fall cleaning and maintenance costs were funded from a capital maintenance account that had been established in a prior year, therefore the current year will portray a decrease in net assets due to the FY09 expense of these clean up costs. Please feel free to request additional information or details as needed. Sincerely, 0W S &O'V • Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council May 18, 2009 Page 6 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 Nine Months Ended March 31, 2009 Prepared by the Department of Finance Presented May 18, 2009 Report of City Manager Transfers ............................................... ..............................1 Report of City Manager Contingency .......................................... ..............................2 GeneralFund ............................................................................... ..............................3 CivicFacilities Fund .................................................................... ..............................4 ParkingFund ................................................................................ ..............................5 MarketBuilding Fund .................................................................. ..............................6 Treasurer's Statement of Accountability ..................................... ..............................7 Pension Plan — Statement of Changes in Net Assets ................... ..............................8 Pension Plan — Statement of Plan Net Assets .............................. ..............................9 City of Roanoke, Virginia Report of City Manager Transfers Nine Months Ended March 31, 2009 Transfer Number Date Explanation From To Amount CMT08 -00131 07/17/08 Litter Containers City Manager Contingency Solid Waste Management - $ 20,000 Refuse /Recycle CMT08 -00153 08/22/08 Randall Grant Writing /Research Capital Project Grant Writing Services 36,000 Contract Contingency CMT08 -00171 09/12/08 Professional Services for Capital Project Director of General Services 10,000 Implementation of the ICLEI 5 Contingency Step Process CMT08 -00176 09/17/08 Capital Contribution to Gainsboro Capital Project YMCA Aquatic Center 15,000 Family Center YMCA Contingency CMT08 -00184 09/30/08 Mini - grants /Donations for Citizen Contingency - General Police - Services 14,613 Police Academy, Sporting Event Fund Programs, Homeland Defense, and Project Lifesaver CMT08 -00205 11/25/08 13th Street and Hollins Road Capital Project Reserve - 13th Street Widening Project 30,000 1 Project VDOT CMT09 -00004 01/13/09 10th Street/Gilmer Avenue and Capital Project Reserve - 10th Street Widening Project 30,000 10th Street/Andrews Road VDOT Projects CMT09 -00021 02/27/09 Professional Services for the Capital Project RCIT Infrastructure Extension 21,927 Roanoke Centre for Industry and Contingency Project Technology CMT09 -00026 03/09/09 13th Street and Hollins Road Capital Project Reserve - 13th Street Widening Project 30,000 Project VDOT CMT09 -00032 03/23/09 Weed and Trash Abatement Contingency - General Housing and Neighborhood 44,000 Program Fund Services CMT09 -00072 03/27/09 Purchase of property - 740 13th Capital Project 13th Street SW Property 44,000 Street SW Contingency Acquisition CMT09 -00072 03/27/09 Countryside Pool Demolition Capital Project Countryside Golf Course 11,210 Contingency Improvements Project Notes: Under City Code section 2 -121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater. 1 City of Roanoke, Virginia Report of City Manager Contingency Nine Months Ended March 31, 2009 Transfer Number Date Explanation To Amount Balance of Contingency at July 1, 2008 $ 907,354 Contingency Transfers: CMT08 -00131 07/17/08 Litter Containers Solid Waste Management - (20,000) Refuse /Recycle CMT08 -00206 12/02/08 Weed and Trash Housing and Neighborhood (32,968) Abatement Program Services CMT08 -00215 12/19/08 Creative Communities Leadership Economic Development (25,000) Seminar /Consulting BO38232 09/15/08 Xerox Lease Contingency 5,835 CMT09 -00032 03/23/09 Weed and Trash Housing and Neighborhood (22 779) Abatement Program Services Available Contingency at March 31, 2009 $ 812,442 I Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants -in -Aid Commonwealth Grants -in -Aid Federal Government Charges for Services Internal Services Transfers From Other Funds Miscellaneous Revenue Total CITY OF ROANOKE, VIRGINIA GENERALFUND STATEMENT OF REVENUE (UNAUDITED) Year to Date for the Period July 1 - March 31 July 1 - March 31 Percentage 2007 -2008 2008 -2009 of Change $ 59,672,339 $ 67,314,193 12.8 % 49,550,130 48,754,793 -1.6% 1,203,610 801,649 -33.4 % 1,201,554 1,166,355 -2.9 % Current Fiscal Year 829,073 Percent of Revised Revenue Revenue Estimate Estimates Received $ 101,584,000 66.3% 74,724,000 65.2% 1,266,000 63.3% 1,535,000 76.0% 829,073 676,110 -18.4 % 784,000 86.2% 41,738,342 41,310,765 -1.0 % 69,049,102 59.8% - - 0.0 % 38,000 0.0% 6,252,915 6,612,806 5.8 % 8,111,000 81.5% 1,935,865 1,968,218 1.7 % 2,779,435 70.8% - 33,333 100.0 % 33,333 100.0% 434,668 484,736 11.5 % 533,000 90.9% $ 162,818,496 $ 169,122,958 3.9 % $ 260,436,870 64.9% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) 3 Year to Date for the Period Current Fiscal Year Percent-;-f- July 1 - March 31 July 1 - March 31 Percentage Unencumbered Revised Budget Expenditures 2007 -2008 2008 -2009 of Change Balance Appropriations Obligated General Government $ 9,767,865 $ 9,803,228 0.4 % $ 3,624,341 $ 13,427,569 73.0% Judicial Administration 5,731,865 6,138,603 7.1 % 2,332,142 8,470,745 72.5% Public Safety 47,365,873 46,416,549 -2.0 % 14,483,238 60,899,787 76.2% Public Works 18,483,705 19,692,660 6.5 % 8,881,614 28,574,274 68.9% Health and Welfare 30,391,997 30,477,742 0.3 % 9,187,774 39,665,516 76.8% Parks, Recreation and Culture 8,486,513 8,391,151 -1.1 % 2,829,211 11,220,362 74.8% Community Development 4,697,826 4,764,084 1.4 % 1,396,420 6,160,504 77.3% Transfer to Debt Service Fund 16,874,011 18,908,410 12.1 % 2,242,469 21,150,879 89.4% Transfer to School Fund 46,991,754 47,510,596 1.1 % 15,836,865 63,347,461 75.0% Nondepartmental 5,630,652 5,067,142 -10.0 % 4,021,628 9,088,770 55.8% Total $ 194,422,061 $ 197,170,165 1.4% $ 64,835,702 $ 262,005;867 75.3% 3 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE NINE MONTHS ENDED MARCH 31, 2009 (UNAUDITED) FY 2009 (2) FY 2008 Operating Revenues Rentals $ 557,498 $ 700,555 Event Expenses 142,024 182,448 Display Advertising 64,753 16,668 Admissions Tax 206,933 312,943 Electrical Fees 24,774 21,563 Novelty Fees 40,568 73,483 Facility Surcharge 151,915 182,848 Charge Card Fees 33,852 79,716 Commissions 40,859 38,639 Catering /Concessions 118,695 155,119 Other 13,427 535 Total Operating Revenues 1,395,298 1,764,517 Operating Expenses Personal Services 1,145,278 1,414,030 Operating Expenses 1,425,075 1,141,399 Depreciation 686,681 655,158 Total Operating Expenses 3,257,034 3,210,587 Operating Loss (1,861,736) (1,446,070) Nonoperating Revenues /(Expenses) Other 15,019 897 Investment Income 11,228 18,260 Interest Expense (1) (473,536) (486,244) Net Nonoperating Expenses (447,289) (467,087) Loss Before Transfers and Contributions (2,309,025) (1,913,157) Transfers and Contributions Transfers In 1,234,050 1,037,496 Transfers Out (50,559) (46,309) Net Transfers and Contributions 1,183,491 991,187 Change in Net Assets $ (1,125,534) $ (921,970) (1) FY2008 was restated to reflect a correcting entry made later in the year (April). (2) FY2009 is the total of the City Advantage System and Global Spectrum's Income Statement. ■ CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE NINE MONTHS ENDED MARCH 31, 2009 (UNAUDITED) 5 FY 2009 FY 2008 Operating Revenues Market Garage $ 264,675 $ 263,301 Elmwood Park Garage 385,202 381,488 Center in the Square Garage 207,430 204,442 Church Avenue Garage 496,026 502,719 Tower Garage 382,583 414,418 Gainsboro Garage 97,418 91,543 Campbell Garage 14,043 - Williamson Lot 63,233 66,437 Higher Ed Center Lot 45,516 50,694 Market Lot 16,724 11,403 Elmwood Lot 54,814 56,064 Warehouse Row Lot 22,689 31,332 West Church/YMCA Lots 19,702 19,703 Parking Violations (All Locations) 16,696 - Total Operating Revenues 2,086,751 2,093,544 Operatinq Expenses Operating Expenses 993,961 802,013 Depreciation 614,381 509,464 Total Operating Expenses 1,608,342 1,311,477 Operating Income 478,409 782,067 Nonoperating Revenues /(Expenses) Investment Income 43,310 51,352 Interest Expense (374,693) (185,078) Net Nonoperating Expenses (331,383) (133,726) Income Before Transfers and Contributions 147,026 648,341 Transfers and Contributions Transfers In 14,466 97,238 Net Transfers and Contributions 14,466 97,238 Change in Net Assets $ 161,492 $ 745,579 5 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE NINE MONTHS ENDED MARCH 31, 2009 (UNAUDITED) 0 FY 2009 FY 2008 Operating Revenues Charges for Services $ 169,619 $ 195,762 Total Operating Revenues 169,619 195,762 Operating Expenses Other Services and Charges 469,171 187,528 Depreciation 75,700 70,791 Total Operating Expenses 544,871 258,319 Operating Loss (375,252) (62,557) Nonoperating Revenues Investment Income 3,129 21,100 Miscellaneous 88 1,668 Net Nonoperating Revenues 3,217 22,768 Loss Before Transfers & Contributions (372,035) (39,789) Transfers and Contributions Transfer in from Capital Projects Fund 120,000 148,917 Transfer in from General Fund 17,500 18,070 Net Transfers and Contributions 137,500 166,987 Change in Net Assets $ (234,535) $ 127,198 0 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MARCH 31, 2009 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED MARCH 31. 2009. BALANCE AT BALANCE AT BALANCE AT FEB 28, 2009 RECEIPTS DISBURSEMENTS MAR 31, 2009 MAR 31, 2008 CONSOLIDATED FUNDS $75,630,119.05 $47,332,856.91 $26,482,350.29 $96,480,625.67 $118,792,686.73 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 MARCH 31, 2009. THAT SAID FOREGOING: CASH CASH IN HAND $31,058.69 CASH IN WACHOVIA BANK 1,791,168.35 CASH IN HOMETOWN BANK 100.00 INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: WACHOVIA OVERNIGHT SWEEP ACCOUNT 258,000.00 LOCAL GOVERNMENT INVESTMENT POOL 32,945,768.67 SUNTRUST INSTITUTIONAL MONEY MARKET 6,862,784.53 CERTIFICATES OF DEPOSIT 6,000,000.00 U. S. AGENCIES 8,250,000.00 VIRGINIA AIM PROGRAM (U. S. SECURITIES) 7,448,540.99 VIRGINIA SNAP PROGRAM (U. S. SECURITIES) 32,893,204.44 TOTAL $96,480,625.67 APRIL 22, 2009 EVELY W. POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE NINE MONTHS ENDED MARCH 31, 2009 . (UNAUDITED) Additions /(Reductions): Employer Contributions Investment Income Net Depreciation in Fair Value of Investments Interest and Dividend Income Total Investment Loss Less Investment Expense Net Investment Loss Total Reductions Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Decrease Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance March 31 FY 2009 FY 2008 $ 8,638,724 $ 8,453,021 (94,785,806) (28,938,336) 5,837,649 10,089,739 (88,948,157) (18,848,597) 330,613 239,436 (89,278,770) (19,088,033) $ (80,640,046) . $ (10,635,012) $ 19,599,948 316,015 19,915,963 (100,556,009) $ 18,611,781 300,319 18,912,100 (29,547,112) 344,383,415 378,571,495 $ 243,827,406 $ 349,024,383 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 %. 93 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS MARCH 31, 2009 (UNAUDITED) FY 2009 Assets Cash $ 698,698 Investments, at Fair Value 245,333,966 Due from Other Funds 477 Total Assets Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable Total Liabilities Net Assets Held in Trust For Pension Benefits 9 FY 2008 $ 604,792 350, 505, 353 1,161 $ 246,033,141 $ 351,111,306 $ 2,205,522 $ 2,086,823 213 100 2,205,735 2,086,923 $ 243,827,406 $ 349,024,383 STEPHANIE M. MOON, CMC City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At the regular meeting of the Council of the City of Roanoke held on Monday, May 18, 2009, you were requested to provide the Council with an update on the status of the Patrick Henry Hotel property at the next regular meeting. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment pc: - Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance William To City Council Hackworth /Employees /City—of _Roanoke cc 05/27/2009 02:10 PM bcc Subject Patrick Henry Hotel Bankruptcy This is in response to the request made at Council's May 18 meeting for a report on the status of the Patrick Henry Hotel bankruptcy. The bankruptcy proceedings resulted in an automatic stay which has prevented the City from initiating a sale of the property to collect delinquent taxes. After discussions, it was determined that the City should petition the bankruptcy court for an order permitting the City to proceed with a delinquent tax sale. Since the bankruptcy case is pending in New York, we needed to retain legal counsel admitted to practice in the bankruptcy courts of that state to represent the City. We have arranged for this, and we received yesterday a retainer letter to sign to permit outside counsel to proceed to petition the court. I understand that one private creditor of the owner of the building has already obtained permission from the court to proceed with a foreclosure sale of the property (but the creditor has apparently elected not to proceed with it at this time), so it hopefully will not be difficult for the City to obtain a similar order. Once such an order is issued, we can proceed with a delinquent tax sale of the property. Please let me know if you have any questions. I will keep you posted of any major developments. Bill r T� ry ro I�Cj iJ7 David B. Carson, Chairman Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Mr. Carson: I am enclosing copy of Budget Ordinance No. 38460- 051809 transferring funds from the Roanoke Academy Improvements project to the Patrick Henry Baseball Batting Cage Flooring project, and amending and reordaining certain sections of the 2008 -2009 School Capital Projects Fund Appropriations. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Enclosure PC: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget 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 SHEILA N. HARTMAN, CMC City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 19, 2009 David B. Carson, Chairman Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Mr. Carson: I am enclosing copy of Budget Ordinance No. 38460- 051809 transferring funds from the Roanoke Academy Improvements project to the Patrick Henry Baseball Batting Cage Flooring project, and amending and reordaining certain sections of the 2008 -2009 School Capital Projects Fund Appropriations. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Enclosure PC: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No..38460- 051809. AN ORDINANCE to transfer funds from the Roanoke Academy Improvements project to the Patrick Henry Baseball Batting Cage Flooring project, amending and re- ordaining certain sections of the 2008 -2009 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2008 -2009 School Capital, Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 31- 060 - 6058 -9003 $ (5,400) Appropriated from General Revenue 31- 065 -6075 -9003 5,400 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. -, ' City Clerk. GAR c;1 N'�1? ANN H. SHAWVER, CPA Director of Finance May 18, 2009 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 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. -Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its April 10 meeting, the Board respectfully requests that City Council appropriate the following funds: • Appropriate $5,400 for the Patrick Henry High School baseball batting cage floor. Funds are available for this in the Roanoke Academy of Math and Sciences Capital Projects fund account number 31- 060 -6058 to transfer to account number 31- 065 - 6075 -PHB for this new project, as the RAMS project is completed. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, /lam S6AwN� Ann H. Shawver Director of Finance Honorable Mayor and Members of Council May 18, 2009 Page 2 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools May 19, 2009 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am enclosing copy of Ordinance 38461- 051809 repealing Ordinance No. 37876- 082007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S. E., and zoned MX, Mixed Use District; rezoning certain properties within the City from IN, Institutional District, to MX, Mixed use District; and placing new proffers on the subject properties. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, QL/4. )). 144� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Enclosure CITY OF ROANOKE �. OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 '' Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk May 19, 2009 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am enclosing copy of Ordinance 38461- 051809 repealing Ordinance No. 37876- 082007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S. E., and zoned MX, Mixed Use District; rezoning certain properties within the City from IN, Institutional District, to MX, Mixed use District; and placing new proffers on the subject properties. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, QL/4. )). 144� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Enclosure Maryellen F. Goodlatte, Attorney May 19, 2009 Page 2 pc: Trustees, Evangel Foursquare, 2360 Hardy Road, Vinton, Virginia 24179 John Liakos, 627 Bullitt Avenue, S. W., Roanoke, Virginia 24013 Lorraine N. Rayl, 2516 Fountain Lane, Vinton, Virginia 24179 Troyleena Pate, 522 6th Street, S. E., Roanoke, Virginia 24013 Daniel and Victoria Cullather, 3002 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Vassie and Linda Vaught, 9901 Fortune Ridge Road, Bent Mountain, Virginia 24059 Virginia L. Koch, P. O. Box 2153, Roanoke, Virginia 24009 Nelson Street Realty, P. O. Box 1855, Roanoke, Virginia 24008 Colin and Heidi Degroat, 702 Jamison Avenue, S. E., Roanoke, Virginia 24013 Sandra Eanes, President, Southeast Action Forum,. Inc., 1616 Stewart Avenue, S. E., Roanoke, Virginia 24013 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38461- 051809. 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. 37876 - 082007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S.E., and zoned MX, Mixed Use District; rezoning certain properties within the City, from IN, hnstitutional District, to MX, Mixed Use District; placing new proffers on the subject properties; and dispensing with the second reading of this ordinance by title. WHEREAS, The Rescue Mission of Roanoke, 'Inc., represented by Maryellen F. Goodlatte, Esquire, has filed an application to the Council of the City of Roanoke to repeal Ordinance No. 37876 - 082007, adopted on August 20, 2007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S.E.; WHEREAS, the applicant seeks to have the properties bearing Official Tax Nos.. 4013005 through 4013008, inclusive, located at the intersection of Jamison Avenue, S.E. and 7t1' Street, S.E., rezoned from IN, Institutional District, to MX, Mixed Use District, subject to certain conditions; WHEREAS, the City Planning Commission, which after giving proper notice to all Y 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 Council on such application at its meeting on May 18, 2009, after due and timely notice thereof as required by §36.2 -540, O- Rescue Mission - repeal, rezone & amend proffers.doc 1 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. 37876 - 082007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S.E., rezoning certain properties within the City, from IN, Institutional District, to MX, Mixed Use District; and placing new proffers on the subject properties. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 37876 - 082007, adopted on August 20, 2007, to the extent that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue, S.E., is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2 =100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that properties bearing Official Tax Nos. 4013005 through 4013008, inclusive, located at the intersection of Jamison Avenue, S.E. and 7`l' Street, S.E., be and are hereby rezoned from IN, Institutional District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. o- Rescue Mission - repeal, rezone & amend proffers.doc 2 3. That proffers set forth in the Zoning Amended Application No. 1 dated March 20, 2009, are accepted and placed on the property bearing Official Tax No. 4013015, located at 624 Bullitt Avenue, S.E., and the properties bearing Official Tax Nos. 4013005 through 4013008, inclusive, located at the intersection of Jamison Avenue, S.E. and 7`" Street, S.E., and that § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 4. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: JV4e �. City Clerk. 0-Rescue Mission - repeal, rezone & amend proffers.doc 3 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 May 18, 2009 Planning Commission Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from The Rescue Mission of Roanoke, Inc., represented by Maryellen F. Goodlatte, Esquire, to repeal existing conditions and replace with conditions as set out below on the parcel bearing Official Tax No. 4013015, at 624 Bullitt Avenue, S.E., and zoned MX, Mixed Use District, with conditions; and to rezone parcels bearing Official Tax Nos. 4013005 through 4013008, inclusive, from IN, Institutional District, to MX, Mixed Use District, subject to the following conditions: (1) that the use is limited to only single family detached, two family, multifamily dwellings, general or professional offices, live -work unit, mixed use building, and child day care; (2) that interior lot lines between tax nos. 4013005 through 4013008, inclusive, and 4013015 be vacated; (3) that the existing house at 624 Bullitt Avenue will not be demolished; (4) existing dumpster location shown on the concept plan will be screened in accordance with Sec. 36.2- 649(a) of City Code; and (5) two large deciduous trees shall be installed and maintained in perpetuity along Jamison Avenue, S.E., and two large deciduous trees shall be installed and maintained in perpetuity along 7th Street, S.E. Planning Commission public hearing and recommendation Planning Commission public hearing was held on Thursday, April 16, 2009. There was no one present to speak for or against the request. A summary of the Commission's comments can be found at the end of this report. By a vote of 5 -2 (Ms. Katz, Mrs. Penn, Mr. Chrisman, Mr. VanHyning and Mr.. Williams voting for and Messrs. Rife and Scholz voting against), the Commission recommended approval of the request, finding the application to rezone Official Tax Nos. 4013015, 4013005, 4013006, 4013007, and 4013008 to be consistent with the Members of City Council Page 2 May 18, 2009 City's Comprehensive Plan and the Belmont - Fallon Neighborhood Plan. Rezoning the property between Jamison Avenue and Bullitt Avenue to permit a mix of housing types, including mixed -use buildings and live -work units, is a method specifically identified by these plans to revitalize the neighborhood and adaptively reuse existing structures. Respectfully submitted, D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Attorney for the Applicant �p Members of City Council Page 3 May 18, 2009 Application Information Request: Conditional Rezoning Owner /Applicant: The Rescue Mission of Roanoke, Inc. Representative: Maryellen F. Goodlatte, Attorney City Staff Person: Maribeth B. Mills, City Planner 11 Site Address /Official Tax 624 Bullitt Avenue SW Nos. /Existing Zoning: Official Tax No. 4013015 MX, Mixed Use with Conditions (Ordinance No. 37876- 082007 Site Address /Official Tax Intersection of Jamison Avenue S.E. and 7 th Street S.E. Nos. /Existing Zoning: Official Tax Nos. 4013005, 4013006, 4013007, 4013008 IN, Institutional District Site Area: 0.8327 Acres Total Proposed Zoning: MX, Mixed Use with Conditions Existing Land Use: Place of Worship Proposed Land Use: Dwelling, Single- family, Two - family or Multifamily; Office, general or professional; Live -work unit; Mixed use building; Day care center, Child Neighborhood Plan: Belmont - Fallon Neighborhood Plan Specified Future Land Residential Cluster Use: Filing Date: Original Application: March 5, 2009; Amended Application No. 1: March 20, 2009 Background In August of 2007, City Council approved Ordinance No. 37876- 082007 to permit the conversion of a ranch -style structure at 624(a) Bullitt Avenue (Official Tax No. 4013015 combined with 4013017) into six multifamily dwelling units and a foursquare -style structure at 632 Bullitt Avenue (Official Tax No. 4013018) into a two- family dwelling. The specific use of the former day care building at 624(b) Bullitt Avenue (Official Tax No. 4013015) was undecided at the time of the rezoning. The applicant would now like to convert this building into 8 multifamily units, similar in configuration to those approved for the ranch -style structure. However, due to the maximum density requirement in the MX District, additional lot area is required to accommodate the increased number of units. The applicant is proposing to add 0.4608 acres (Official Tax Nos. 4013005, 4013006, 4013007, and 4013008) to Official Tax No. 4013015 to permit a total of 14 units on the subject properties. These parcels are currently zoned IN District and consist of a surface parking lot and basketball court. The remainder of the property owned by the applicant will remain IN with a congregation leasing the church building. The foursquare -style structure at 632 Bullitt Avenue (Official Tax No. 4013018) is not part of this request. Members of City Council Page 4 May 18, 2009 Conditions Proffered by the Applicant The applicant requests that the following proffers be repealed as they relate to Official Tax No. 4013015: 1. The property is limited to only the following uses: Dwelling, Single- family detached Dwelling, Two - family Dwelling, Multifamily Office, general or professional Live -work unit Mixed use building Day care center, Child (which unless grandfathered, will require a special exception) 2. The interior lot line between Tax Map Parcel 4013015 and 4013017 shall be vacated. 3. The two existing houses on the property (identified as 624A and 632 Bullitt Avenue on the submitted site plan dated June 20, 2007) will not be demolished. The applicant requests that the following proffers be adopted as they relate to Official Tax Nos. 4013015, 4013005, 4013006, 4013007, and 4013008: 1. The property is limited to only the following uses: Dwelling, Single- family detached Dwelling, Two - family Dwelling, Multifamily Office, general or professional Live -work unit Mixed use building Day care center, Child (by special exception) 2. The interior lot lines between Tax Map Parcel Nos. 4013005, 4013006, 4013007, 4013008, and 4013015 shall be vacated. 3. The existing house on the property (identified as 624A on the submitted site plan dated March 20, 2009) will not be demolished. 4. The existing dumpster location shown on the submitted concept plan dated March 20, 2009 shall be screened in accordance with Section 36.2 - 649(a) of the City's Zoning Ordinance. Members of City Council Page 5 May 18, 2009 5. Two large deciduous trees shall be installed and maintained in perpetuity along Jamison Avenue SE and two large deciduous trees shall be installed and maintained in perpetuity along 7th Street SE. Said trees shall be selected from those listed in Table 642 -1 of the City's Zoning Ordinance. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The MX district was created to accommodate a mix of residential, office and support service uses. Group care facilities such as a halfway house or transitional living facility are not permitted in the MX district. The applicant has proffered that the only housing on the subject properties will be 'dwellings' (single - family, two- family or multifamily). The definition of dwelling in the City's Zoning Ordinance is `a building, or portion thereof, designed to be used for continuous, year -round residential purposes, containing one (1) or more independent housekeeping units.' Housing units provided on the subject properties would be inhabited by individuals or individual family units living' without supervision. A maximum of 14 dwelling units would be permitted on this site as a whole per the MX district's density requirements. This density requirement is identical to that of the RM -2, Residential Mixed Density District, of the surrounding properties. Although all proposed residential units will be contained in existing structures, it is important to note that any exterior modifications of these buildings will have to comply with the requirements of the Neighborhood Design Overlay District. A minimum of 21 parking spaces will be required for 14 multifamily units. A total of 28 existing spaces will be allocated to these units through the combination of parcels. The remaining parking area associated with the church is sufficient to accommodate its continued use. As the maximum number of residential units will be accommodated in the two existing buildings on the subject properties, the only other uses that can be established on the property would be an office or child day care center. The Zoninq District Land Use North RM -1, Residential Single- family residences. Mixed Density District South RM -1, Residential Single /two- family residences. Mixed Density District East RM -2, Residential Single /two- family residences and vacant lots. Mixed Density District West IN, Institutional District Evangel Foursquare Church owned by the Rescue Mission and rented to a congregation. Compliance with the Zoning Ordinance: The MX district was created to accommodate a mix of residential, office and support service uses. Group care facilities such as a halfway house or transitional living facility are not permitted in the MX district. The applicant has proffered that the only housing on the subject properties will be 'dwellings' (single - family, two- family or multifamily). The definition of dwelling in the City's Zoning Ordinance is `a building, or portion thereof, designed to be used for continuous, year -round residential purposes, containing one (1) or more independent housekeeping units.' Housing units provided on the subject properties would be inhabited by individuals or individual family units living' without supervision. A maximum of 14 dwelling units would be permitted on this site as a whole per the MX district's density requirements. This density requirement is identical to that of the RM -2, Residential Mixed Density District, of the surrounding properties. Although all proposed residential units will be contained in existing structures, it is important to note that any exterior modifications of these buildings will have to comply with the requirements of the Neighborhood Design Overlay District. A minimum of 21 parking spaces will be required for 14 multifamily units. A total of 28 existing spaces will be allocated to these units through the combination of parcels. The remaining parking area associated with the church is sufficient to accommodate its continued use. As the maximum number of residential units will be accommodated in the two existing buildings on the subject properties, the only other uses that can be established on the property would be an office or child day care center. The Members of City Council Page 6 May 18, 2009 ability to construct an office or day care building is limited by the minimum required parking. Furthermore, the child day care center would require a special exception from the Board of Zoning Appeals. Site improvements include screening the existing dumpster and the installation and maintenance of 4 large deciduous trees. The dumpster is currently enclosed by a chain link fence encased in green fabric. The applicant has proffered to re- screen the dumpster in accordance with Section 36.2- 649(a) of the City's Zoning Ordinance. Large deciduous trees chosen from Table 642 -1 of the City's Zoning Ordinance will be installed in the street yards of 7th Street and Jamison Avenue at a rate consistent with the City's Zoning Ordinance. Two existing trees will also remain in the Jamison Avenue street yard. Staff requested that landscaped beds be added to the existing surface parking area to reduce the total number of on- site parking spaces, increase the City's tree canopy, and provide shade. The applicant does not wish to install these beds due to cost and needed space for neighborhood functions. Conformity with the Comprehensive Plan and Neighborhood Plan: Both the City's Comprehensive Plan and the Belmont- Fallon Neighborhood Plan encourage mixed use residential clusters. The Neighborhood Plan specifically lists rezoning property to allow for a mix of single - family, two- family, multifamily, mixed -use buildings and live -work units as a method for revitalization of neighborhoods and the preservation of existing housing stock in close proximity to downtown. The parcels between Jamison Avenue and Bullitt Avenue from 6th Street to 8th Street are identified by the future land use map as the ideal location for a housing cluster. A housing cluster is defined as a residential development consisting of a mixture of housing types on a large site. Although this application only accounts for a small portion of the site, it would be a first step in implementing the identified future land use. The applicant has also proffered to install and maintain 4 large deciduous trees along 7th Street and Jamison Avenue. This will increase the City's tree canopy and provide shade to the street and sidewalk as the planting strip along these routes is not sufficient to accommodate large deciduous trees. 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. Concentration of federally subsidized, assisted or affordable housing will be discouraged. The City will recommend ways to overcome impediments to fair housing by identifying barriers to housing choice, encouraging fair housing education to the community, challenging housing discrimination, and requiring affirmative marketing of developments using City funds. Members of City Council Page 7 May 18, 2009 EC P5. Trees. Roanoke will maintain and increase its tree canopy converge as a way to improve air quality. The following policies of the Belmont - Fallon Neighborhood Plan are relevant in the consideration of this application: • Community Design Policies o Medium- to high- density residential development such as townhouses and apartments should be located near the village centers. o Limit surface parking: Develop mechanisms to limit surface parking lots and encourage use of on- street parking for periodic uses. • 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. o Underused residential sites: Zoning and incentives will be used to encourage mixed density cluster development on underused residential areas. The currently vacant property between Bullitt and Jamison between 6th and 8th should be considered for a higher density housing cluster with a central park. Development should attempt to incorporate and retain existing houses along the 700 block of Bullitt Avenue. Quality of Life Policies o Tree canopy throughout the neighborhood should be increased. City Department Comments: None. Planninq Commission Public Hearing_ The following comments were made by the Planning Commission at their April 16th public hearing: Mr. Rife expressed concern that the proposed multifamily units would be a de facto extension of the transitional living facility operated by the Rescue Mission. He was also concerned that limiting qualified tenants to Rescue Mission staff and program graduates may not comply with fair housing laws. The applicant responded that the apartments were independent living units and not a part of the transitional living facility and that they would comply with the Fair Housing Act. Mrs. Penn added that it was the Rescue Mission's responsibility to address any fair housing issues and that it was the Commission's responsibility to determine appropriate land use. Members of City Council Page 8 May 18, 2009 2. Mr. Rife asked if the previous rezoning was approved based on the intention that the former day care building would continue as a day care center. The applicant responded that a day care center for children was an option for that building, but that single - family dwelling, multifamily dwelling, office, general or professional, live -work unit, and mixed use building were also options. The applicant stated that the only reason for the amendment is that additional multifamily units required additional land to meet the density requirements of the MX District. 3. Mr. Williams stated that he was comfortable with the proposal and felt that the density standard set by the Zoning Ordinance unnecessarily required the applicant to rezone additional property. Mr. Williams also expressed concern that affordable housing units were being clustered and not integrated into the neighborhood. 4. Mr. Rife agreed that the density requirement of the MX District restricted additional development along Jamison Avenue but noted that was partly due to the small size of the proposed units which require less land. Mr. Rife asked staff if they were concerned about the concentration of 14 small units. Staff responded that the units would provide an alternative housing choice in a neighborhood where the housing stock is comprised of single - family and two- family dwellings. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: March 20, 2009 Submittal Number: Amended Application No. 1 ❑ Rezoning,. Not Otherwise Listed ❑Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: jProperty located along Jamison Avenue, S.E., 7th Street, S.E. and 624A Bullitt Avenue, S.W. Official Tax No(s).: 13005, 4013006, 4013007, 4013008 and 4013015 Existing Base Zoning: IN: 4013005, 4013006, 4013007 0 With Conditions (If multiple zones, please manually enter all districts,) 14013008; MX(c) : 4013015 ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 37876 - 082007 Requested Zoning: Mx, Mixed Use Proposed Land Use: Multi - Family Dwelling Name: a Rescue Mission of Roanoke, Incorporated Phone Number. +1 (540) 777 -7687 Address: 402 4th Street, S.W., P. Box 11525, Roanoke, Virginia 24022 E -Mail: joysylvester Johnson @rescuemiss' •/� - ��4 34369 Property Owned Signature: Name: I Phone Number Address: E -Mail: Applicants Signature: Name Maryellen F. Goodlatte Phone Number: +1 (540) 224 -8018 Address: P. 0. Box 2887, Roanoke, Virginia 24001 -2887 E -Mail: mgoodlatte @gfdg.com Agents Signature: APPLICANT'S NARRATIVE In 2007, The Rescue Mission of Roanoke, Incorporated (the "Mission ") sought rezoning of tax map parcels 4013015, 4013017 and 4013018 from IN to MX(c) in order to facilitate the return of two former residential structures - -- located at 624A and 632 Bullitt Avenue — to residential use. The rezoning was approved. Tax map parcel 4013017 was combined with tax map parcel 4013015 in accordance with the proffered conditions. The 2007 rezoning permitted, redevelopment of the ranch -style house, located at 624A Bullitt Avenue, into six efficiency units, and the corner house, located at 632 Bullitt Avenue, into two- bedroom units. The Mission expects to soon have final development approval from the City for 624A Bullitt, so that the renovations can begin. Also included in the 2007 rezoning request was the building last used as a child day care center by Evangel Foursquare Church (the former owner of the property) and located at 624B Bullitt Avenue. At the time of the 2007 rezoning, its specific reuse had not been determined. The 2007 rezoning limited the use of 624B Bullitt Avenue to 7 uses, among which is multifamily dwelling. The Mission has now developed plans to convert the building at 624B Bullitt Avenue from its previous daycare use to 8 residential units. There will be no exterior changes to the building at 624B Bullitt, except for the addition of awnings (at stairwells located on both sides of the building), and the replacement of windows, doors and roof. Like the other units at 624A Bullitt Avenue and 632 Bullitt Avenue, the 8 units at 624B Bullitt will likely be leased to either Mission staff members or graduates of Mission programs. Although the Mission owns these properties, they cannot be used for transient housing, since the conditional MX zoning precludes such use. In order for 14 residential units to be developed on the subject property (i.e. the 6 units soon under construction at 624A Bullitt and the 8 units proposed for 624B Bullitt), the dimensional standards for the MX district require a minimum property size of 35,000 square feet. To meet those standards, the Mission seeks to rezone parcels 4013005, 4013006, 4013007 and 4013008 from IN to MX and subject those parcels to, essentially, the same conditions now affecting tax parcel 4013015. There will be no physical changes made to tax parcels 4013005 -8, currently used for parking and recreation. In order for all the parcels to be subject to the same zoning ordinance, tax parcel 4013015 is included in this rezoning request. The 2007 conditions associated with tax parcel 4013015 would be repealed and replaced by the new conditions proffered herein. The remaining property (zoned IN) continues to be used as a church. There are 125 seats in the church, which requires 32 parking spaces (1 space for every 4 seats). There are 42 actual spaces on that parcel, so none of the spaces on the property for which rezoning is sought will be needed to accommodate the IN use. This request, which would allow the. conversion of the unoccupied building at 624B Bullitt to residential use, supports the Mission's residential re- development at 624A El;!:: Bullitt and 632 Bullitt and creates a residential cluster, encouraged by the Belmont - Fallon Neighborhood Plan. PROFFERS TO BE REPEALED ON ROANOKE CITY TAX PARCEL NO. 4013015 All proffers shall be repealed as enacted by Ordinance No. 37876 - 082007 as they pertain to Official Tax No. 4013015, and listed below: Proffers Enacted by Ordinance No. 37876- 082007 1. The property is limited to only the following uses: RIA 3. Dwelling, Single- family detached Dwelling, Two - family Dwelling, Multifamily Office, general or professional Live -work unit Mixed use building Day care center, Child (which, exception) unless grandfathered, will require a special The interior lot line between Tax Map Parcel 4013015 and 4013017 shall be vacated. The two existing houses on the property (identified as 624A and 632 Bullitt Avenue on the submitted site plan dated June 20, 2007) will not be demolished. PROFFERS TO BE ADOPTED ON ROANOKE CITY TAX PARCEL NOS. 4013005, 4013006, 4013007, 4013008 AND 4013015 The property is limited to only the following uses: Dwelling, Single- family detached Dwelling, Two - family Dwelling, Multifamily Office, general or professional Live -work unit Mixed use building Day care center, Child (which will require a special exception) 2. The interior lot lines between Tax Map Parcel Nos. 4013005, 4013006, 4013007, 4013008 and 4013015 shall be vacated. 3. The existing house on the property (identified as 624A Bullitt Avenue on the submitted concept plan dated March 20, 2009) will not be demolished. 4. The existing dumpster location shown on the submitted concept plan dated March 20, 2009 shall be screened in accordance with Section 36.2- 649(a) of the City's Zoning Ordinance. 5. Two large deciduous trees shall be installed and maintained in perpetuity along Jamison Avenue SE and two large deciduous trees shall be installed and maintained in perpetuity along 7th Street SE. Said trees shall be selected from those listed in Table 642 -1 of the City's Zoning Ordinance. SITE DATA CURVE BEARIAW HORIZDISTRADIUS ARC DELTA TANGENT CI N61 °42'15E 143.03' 472.00' 143.58' 17°2545" 72.35' TAX j/: 4013005, 3006, 3007, 3008, &4013015 OWNER: THE RESCUE MISSION OF ROANOKE, INC. SITE AREA: 0.8327 ACRE ALL EXISTING INTERIOR LOT LINE WILL BE VACATED. EXISTING ZONING: IN (INSTITUTIONAL) & MX(c) PROPOSED ZONING: MX(c) MIN. LOT FRONTAGE. 50' I- MIN. FRONT YARD: 10' MAX. FRONT YARD: 30' ^ MIN. SIDE YARD: 5' m MIN. REAR YARD: 15' MAX. IMPERVIOUS AREA: 709 N74.30 E 20.00' �S MAX. BUILDING HEIGHT: 45' Q. PARKING REQUIRED: 21 SPACES PARKING PROVIDED: 28 SPACES / lN� V c \ bo A, SPPG�S �s 5 SPACES �, I w I I I R I THE OWNER. . z / STER pUMR PP <;5 PSPNyc�BA�� PROPOSED \ZON "MX(011 \0. 4608 ACR S f o IN \ 0.371 A F (c)" \ T 36 1 A HAT ARKING INC 1E M15SION.� Tht. t,t1i / 2 S ACE TWO STORY f 5 BRICK & FRAME BUILDING \r /612 w B SPACES JED "IN" 4013014 vV QP BilILONG #624B EXIST T 4013 48.1 EXIS ING HOU #624A w 'o o LOT �4 u�1 N 11•� Ltl1:lt ;ty3 m m Z Z A f A m m /4p13Atg \ TM• `��,'c N\ ° Z N cn, � N Ln 231' A EXIST G °\ IN W HOUSE o N #632 CA. 0 7 LOT 15"W 120,,,., 4.30 45 �� 5" C TTT A VEN 5° CONCEPT PLAN FOR REZONING THE RESCUE MISSION OF ROANOKE, INC. REZONING TAX PARCELS 4013005, 4013006, 4013007 & 4013008 FROM ZONE "IN" TO ZONE "MX(c)" LOTS 5 -8, BLK. 20, & PART OF CLOSED ALLEY, MAP OF BELMONT & TAX PARCEL 4013015 CURENTLY ZONE "MX(c)" ENG. PLAN 11471 CITY OF ROANOKE, VIRGINIA CURRENT OWNERS: THE RESCUE MISSION OF ROANOKE, INC. PROPERTY ADDRESS IS: 624 JAMISON AVENUE. S.E. SCALE: 1 " = 30' NOTES: PREPARED BY., CLARK SURVEYING PROPERTY IS DESIGNATED AS A BOX 55y P.O. 5 F.E.M.A. DEFINED ZONE X, UNSHADED ROANOR6, VIROMM PNONr (540) 362 —LOOP DATE DISK 0 0 o m 0 30' Scale 1 " =30FT MARCH 20, 2009 200 C�c R. CLARK 1745 � V l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37876 - 082007. 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 three tracts of land located on Bullitt Avenue, S.E., and identified by Official Tax Nos. 4013015, 4013017 and 4013018, from IN, Institutional District, to MX, Mixed Use District; and dispensing with the second reading by title of this ordinance. WHEREAS, The Rescue Mission of Roanoke, Incorporated, represented by Maryellen F. Goodlatte, attorney, has made application to the Council of the City of ' Roanoke, Virginia ( "City Council "), to have the hereinafter described properties rezoned from IN, Institutional District, to MX, Mixed Use District, subject to the conditions that the property be limited to single family, two family or multifamily use only, general or professional offices, live -work unit, mixed use building, or child day care center, that the lot line between parcels bearing Official Tax Nos. 4013015 and 4013017 be vacated; and that the houses located at 624 and 632 Bullitt Avenue, as identified on the site plan dated June 20, 2007, for The Rescue Mission of Roanoke, Incorporated, will not be demolished. The purpose of the rezoning is to allow the return of two former residential structures to residential use and to limit the use of a former daycare center to either residential or office uses, as proffered; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, O- Rescue Mission — Goodlatte — rezone with conditions 8 -20 -07 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 20, 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 rezoning; 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 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. §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 three tracts of land located on Bul itt Avenue, S.E., more specifically described as 632 Bullitt Avenue, S.E., bearing Official Tax No. 4013018; property ,located on Bullitt Avenue, S.E., bearing Official Tax No. 4013017, and a property located at 624 Bullitt Avenue, S.E., bearing Official Tax No. 4013015, be, and are hereby rezoned from IN, Institutional District, to MX, Mixed Use District, to allow the return of two former residential structures to residential use and to limit the use of a former daycare center to either residential or office uses, as proffered, as set forth in the 0- Rescue Mission — Goodlatte — rezone with conditions 8 -20 -07 Application for Conditional Rezoning - Amended Application No. 1 of The Rescue Mission of Roanoke, Incorporated, represented by Maryellen F. Goodlatte, attorney, filed in the Office of the Department of Planning Building and Economic Development on June 21, 2007. 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: City Clerk. O- Rescue Mission — Goodlatte — rezone with conditions 8 -20 -07 k ; qy �' �7sp .? #�� r {r< % ,pn• :.ej^'. s �;2�'A G'F � Tr�tr �� aex . o c o -. ,lam . •' q y �� vF .ri�! . '4f Y' «-: � � - 21 •r� e i i P.S y. I`:.' '� fit' ip` v i lr � to xn { � � '� -zi r✓' ° . A + + ,.�' e y iv N ;... .��j �`9s � `� "' � }„ �, � 54r "i . 4d'';•�" y��..�� $ ,s•, _ v �'+3� y ,. 3 � i' v��.'.�5. .�" ''art - ��`f . Y �- � � �.'i -F "-•q'M ^-- �, a ;+ y q.�yr I r r. v t ^t n' � .;< '' �� e 5rv'+1, dye x a + : - ! w„ � 1� Y } + ,�rn7 y '.0 Fa � i {.._ � ` �'1+ a �• � t s. r� �'r' i� �y +� °� � � � ..(Ir `�,��'���� r :Y 7 3�?� .' L �f- ri� � � ii,�i, ���•C t `a � F r �x� � p4 W �, N` �� 1 }7 � ` r -; � y -� *• � fit} '' l � F��1- • sr..o:� _ a' � 't r. q )1 ' rrU o t� d 7i' r '� •lr �� t i b l g' t ^r' -' .�ri �. may. �• s�.'F.. - 7 • _ L 7 _ +� tR.4 r ; "'✓ eA e el �' 7,.,+`'_`� ; E.,,a, ?�.,3 �f.�: �� .rv, 2t 6 im RI Kt ✓ h � , ,r dray •� � a f � : a a � y. f r � v � � +. 1 ayy it .y�r ?•y f yE -. �,' 1 a�.• -.a `�_ � +.c..i: _g �� � f ,Fft,� i : $fr ' + � ''i �.' ' �:. � � �.. : k �x��+xi �% ft���r Sarzy..: .x,�,�. .•t .`a't r - .rt' � h � + � 4'� c r f Iq i; 1 •b fr :aa , S L. �,xw ,� .aSxt Y` 4 }� � �1 ���� ` %'F T'�' 3M 3A � ¢� rr 'L'°'. r.1sS i � s+., '`.p, i„�, �. � ,� +,7 64 5.. � � -•.��� _ ..: �..d _ :tic.'. .•t _ z- ::avr- �I% _ +, '7 .. y { .nS" ��,� f ADJOINING PROPERTY OWNERS Tax Parcel Nos. 4013005, 4013006, 4013007, 4013008 and 4013015 The Rescue Mission of Roanoke, Incorporated TAX MAP NO. OWNER (S) / ADDRESS ZONING 4013014 The Rescue Mission of Roanoke, Incorporated 402 4th Street, S.E. P. O. Box 11525 Roanoke, VA 24022 IN 4013004 The Rescue Mission of Roanoke, Incorporated 402 4th Street, S.E. P. O. Box 11525 Roanoke, VA 24022 IN 4012811 Troyleena Pate 522 6th Street, S.E. Roanoke, Virginia 24013 RM -1 4012812 Daniel P. and Victoria W. Cullather 3002 Rosalind Avenue, S.W. Roanoke, Virginia 24014 RM -1 4012813 Vassie A. and Linda B. Vaught 9901 Fortune Ridge Road Bent Mountain, Virginia 24059 RM -1 4012814 Virginia L. Koch P. O. Box 2153 Roanoke, Virginia 24009 RM -1 4012815 Nelson Street Realty Company P. O. Box 1855 Roanoke, Virginia 24008 RM -1 4012910 Colin G. and Heidi N. Degroat 702 Jamison Avenue, S.E. Roanoke, Virginia 24013 RM -1 4013101 Trustees, Evangel Foursquare 2360 Hardy Road Vinton, Virginia 24179 RM -2 4013112 Evangel Foursquare Church 2360 Hardy Road Vinton, Virginia 24179 RM -2 i f2 i SS fr 4013018 The Rescue Mission of Roanoke, Incorporated MX(c) 402 4t' Street, S.E. P. O. Box 11525 Roanoke, VA 24022 4013710 John G. Liakos RM -1 627 Bullitt Avenue, S.E. Roanoke, Virginia 24013 4013709 Lorraine N. Rayl RM -1 2516 Fountain Lane Vinton, Virginia 24179 4013708 Lorraine N. Rayl RM -1 2516 Fountain Lane Vinton, Virginia 24179 4013707 Lorraine N. Rayl RM -1 2516 Fountain Lane Vinton, Virginia 24179 SOUTHEAST ACTION FORUM, INC. 1616 STEWAP TAVENUE, S:@ ROANOKE, VIRGINIA 24013 (540) 345 -1547 May 6, 2009 Honorable David A. Bowers, Mayor and Members of Roanoke City Council c/o Roanoke City Clerk 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011 Re: Rezoning of property located along Jamison Avenue, S.E., 7th Street, S.E. and 624A Bullitt Avenue, S.W., Roanoke, Virginia from IN, Institutional and MX(c), Mixed Use, with conditions, to MX, Mixed Use, with conditions Tax Map Nos. 4013005, 4013006, 4013007, 4013008 and 4013015 Dear Mayor Bowers and Members of City Council: I am the president of the Southeast Action Forum. At our regularly scheduled meeting held this evening, the Southeast Action Forum heard the presentation by the Rescue Mission for rezoning the above - referenced property in order to facilitate the redevelopment of the existing building (last used as a daycare building) for multi - family residential use. After discussion and questions, the Southeast Action Forum voted to support the Rescue Mission's rezoning request. The membership asked me to forward this letter to the City evidencing our neighborhood association's wholehearted support for the Rescue Mission's request. It is our understanding that the Rescue Mission's request has the support of the City's professional planning staff and was recommended for approval to you by the Planning Commission. Thus, when this matter comes to you on May 18, we urge that City Council APPROVE the Rescue Mission's rezoning request. Sincerel , Sandra Eanes, President c: Mrs. Joy Sylvester- Johnson REZONING REQUEST The Rescue Mission, Bullitt and Jamison Avenue, S.E., Tax Nos. 4013005 )AFFIDAVIT thru 4013008 and 3013015 from IN to MX, w /conditions ) 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 30th day of March, 2009, notices of a public hearing to be held on the 16`h day of April, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner 4013014 Petitioner 4013004,4013018 4013101 Trustees, Evangel Foursquare 4013112 4013710 John Liakos 4013709 Lorraine N. Rayl 4013708, 4013707 4012811 Troyleena Pate 4012812 Daniel and Victoria Cullather 4012813 Vassie and Linda Vaught 4012814 Virginia L. Koch 4012815 Nelson Street Realty Co. Mailing Address 2360 Hardy Road Vinton, VA 24179 627 Bullitt Avenue, SW Roanoke, VA 24013 2516 Fountain Lane Vinton, VA 24179 5226 1h Street, SE Roanoke, VA 24013 3002 Rosalind Avenue, SW Roanoke, VA 24014 9901 Fortune Ridge Road Bent Mountain, VA 24059 P0 Box 2153 Roanoke, VA 24009 P O Box 1855 Roanoke, VA 24008 The Roanoke Times Roanoke, Virginia Affidavit of Publication Roanoke Times NOTICE OF PUBLIC - - - - - -- -- ---- - - - - -- -The - ------------------- +____ - - - - -- -- HEARING The Council of the City of GLENN, FELDMANN, DARBY & GOODL I Roanoke will hold a public PO BOX 2887 I 2009gat700dpmMoras 2 1 0 FIRST S T I soon thereafter as the matter may be heard, in the ROANOKE VA 24001 Council Chamber, fourth floor, in the Noel C. Taylor- ( Municipal Building, 2151 Church Avenue, S.W., Roanoke, Virginia, tol consider the following: REFERENCE: 80078049 I Request from The Rescue MPesente Roanoke, Inc.,' 11402044 NPH -The Rescue MiSS1 I represented q rep al Goodlatte, Esquire, to repeal I existing conditions and State of Virginia I re setloutbeowontheparel City of Roanoke I bearing Official-Tax No. 4013015, at 624 Bullitt Avenue, S.E., and zoned MX,, Mixed Use District, with I, (the undersigned) an authorized representative I parcels �� parcels bearing Official Tax of the Times -World Corporation, which corporation I i,,013008, ao13otionallisirict is publisher of the Roanoke Times, a daily I Institutional District, , t MX,. newspaper published in Roanoke, in the State of I jet to Mixed Use District, subject to thefolleuseislimoedt' Virginia, do certify that the annexed notice was I that the use is limited to' only single family detached,, published in said newspapers on the following I two family, multifamily! (dwellings, general or, dates I (professional offices, live -work unit, mixed usel building, and child daycare;! (2) that interior lot lines between tax nos. 4013005! through 4013008, inclusive, and, 4013015 be vacated;, (3) that the existing house at 624 Bullitt Avenue will not City /County of Roanoke, Commonwealth /State of I be demolished; (4) existing dumpster location shown on Virginia. Sworn and subscribed before me this I the concept plan will be, screenedih accordance with _�ti'1_day of May 2009. Witness my hand and I Sec. 36.2.649(.) of City code; and (5) two large O f f i c i a l seal . I deciduous trees shall be' installed and maintained in Perpetuity along Jamison Avenue, S.E., and two large Notary Pub 1 1 C I ' deciduous trees shall be installed and maintained in �('� My C ommi s s 1 on p i r S ^� . I perpetuity along 7th'Street,i ___J�'' - -- — — S.E. I A copy of the application is available for review in the, Office of the City Clerk, Room 456, Noel C. Taylor (MunicipalBuilding,215 %, ` A, /A.��i� I Church e, S. W'.,, \�i PUBLISHED ON: 05/01 0 5 / 0 8 Q` ,•' -9 : '•, I Roanoke, Virginia All parties in interest and; citizens may appear on the Q` NOTARY PUBLIC I ; above date and be heard on) * ' REG. #7090930 * the matter. If you are a 1 person with a disability who needs accommodations for, MY COMMISSION — this hearing, please contact. C� PIRES ' _ I , ' the City Clerk's Office, at 853 -2541, before noon on; "%A •. I the Thursday before the date' 'of the hearing listed above. �� TOTAL COST: 549.12 � ��11 NwEA I GIVEN under my hand this LT H �� 11%`` FILED ON: 05/08/09 ����iirtttt��`�� I 29th day of April, 2009. StephaMeM.M Cer7k. City - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - ,(11402044) - - Authorized �- Signature:_ Billing Services Representative — — NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 18, 2009, at 7:00 p.rn., 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 The Rescue Mission of Roanoke, Inc., represented by Maryellen F. Goodlatte, Esquire, to repeal existing conditions and replace with conditions as set out below on the parcel bearing Official Tax No. 4013015, at 624 Bullitt Avenue, S.E., and zoned MX, Mixed Use District, with conditions; and to rezone parcels bearing Official Tax Nos. 4013005 through 4013008, inclusive, from IN, Institutional District, to MX, Mixed Use District, subject to the following conditions: (1) that the use is limited to only single family detached, two family, multifamily dwellings, general or professional offices, live -work unit, mixed use building, and child day care; (2) that interior lot lines between tax nos. 4013005 through 4013008, inclusive, and 4013015 be vacated; (3) that the existing house at 624 Bullitt Avenue will not be demolished; (4) existing durnpster location shown on the concept plan will be screened in accordance with Sec. 36.2- 649(a) of City Code; and (5) two large deciduous trees shall be installed and maintained in perpetuity along Jamison Avenue, S.E., and two large deciduous trees shall be installed and maintained in perpetuity along 7`f' Street, S.E. 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 this 29th day of April , 2009. The Rescue Mission -amend proffers.doc Stephanie M. Moon, CMC City Cleric. Notice to Publisher: Publish in the Roanoke Times on Friday, May 1, and Friday May 8, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH -The Rescue Mission.doc Send Bill to: Maryellen Goodlatte, Esquire P.O. Box 2887 Roanoke, Virginia 24001 -2887 (540) 224 -8018 mgoodlatte @gfdg.com STEPHANIE M. MOON, CMC City Clerk April 27, 2009 Trustees, Evangel Foursquares Mr. john Liakos Ms. Lorraine N. Rayl Ms. Troyleena Pate Mr. and Mrs. Daniel Cullather Ladies and Gentlemen: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Mr. and Mrs. Vassie Vaught Ms. Virginia L. Koch Nelson Street Realty Co. Mr. and Mrs. Colin Degroat Southeast Action Forum Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with certain proffered conditions on property located at 624 Bullitt Avenue, S. E., zoned MX, Mixed Use District, with conditions; and to rezone parcels of property located at the intersection ofjamison Avenue and 7`h Street, S. E., from IN, Institutional District, to MX, Mixed Use District, subject to certain proffered conditions. This letter is provided foryour information as an interested property ownerand /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call.the City Clerk's Office at 540 - 853 -2541. Sincerely, WDpan?ieMM.1Moon, CMC City Clerk SMM: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 STEPHANIE M. MOON, CMC City Clerk April 27, 2009 Trustees, Evangel Foursquares Mr. john Liakos Ms. Lorraine N. Rayl Ms. Troyleena Pate Mr. and Mrs. Daniel Cullather Ladies and Gentlemen: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Mr. and Mrs. Vassie Vaught Ms. Virginia L. Koch Nelson Street Realty Co. Mr. and Mrs. Colin Degroat Southeast Action Forum Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with certain proffered conditions on property located at 624 Bullitt Avenue, S. E., zoned MX, Mixed Use District, with conditions; and to rezone parcels of property located at the intersection ofjamison Avenue and 7`h Street, S. E., from IN, Institutional District, to MX, Mixed Use District, subject to certain proffered conditions. This letter is provided foryour information as an interested property ownerand /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call.the City Clerk's Office at 540 - 853 -2541. Sincerely, WDpan?ieMM.1Moon, CMC City Clerk SMM:ew Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with certain proffered conditions on property located at 624 Bullitt Avenue, S. E., zoned MX, Mixed Use District, with conditions; and to rezone parcels of property located at the intersection of)amison Avenue and 7`" Street, S. E., from IN, Institutional District, to MX, Mixed Use District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the May 18th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, �al�vt,J Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK -= 215 Church Avenue, S. W., Suite 456 - Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC STEPHANIE M. MOON, CMC Deputy City Clerk City Clerk April 27 2009 CECELIAT.WEBB (> > Assistant Deputy City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with certain proffered conditions on property located at 624 Bullitt Avenue, S. E., zoned MX, Mixed Use District, with conditions; and to rezone parcels of property located at the intersection of)amison Avenue and 7`" Street, S. E., from IN, Institutional District, to MX, Mixed Use District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the May 18th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, �al�vt,J Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure :.. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk May 19, 2009 Bruce Phipps President and Chief Executive Officer Goodwill Industries of the Valleys, Inc. 2530 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Phipps: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 38462- 051809 exempting from real estate property taxation certain property of Goodwill Industries of the Valleys, Inc., located at 2502 Melrose Avenue, N. W., in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis, effective July 1, 2009. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, C?�Z_cj)? - Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Enclosure pc: Jackson G. Green, Compliance Auditor, Goodwill Industries of the Valleys, P. O. Box 6159, Roanoke, Virginia 24017 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget MA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38462- 051809. AN ORDINANCE exempting from real estate property taxation certain property of Goodwill Industries of the Valleys, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Goodwill Industries of the Valleys, Inc. (hereinafter "the Applicant "), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 18, 2009; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property. to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2420205, commonly known as 2502 Melrose Avenue; N.W. (the "Property "), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy which would be applicable to the Property were the KAMeasures \tax exempt goodwill 5 09.doc 1 Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Goodwill Industries of the Valleys, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 2420205, commonly known as 2502 Melrose Avenue, N.W., and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on July 1, 2009, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Bruce Phipps, President and Chief Executive Officer, and the authorized agent of Goodwill Industries of the Valleys, Inc. K.\Measures \tax exempt goodwill 5 09.doc Z t. , 1. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Goodwill Industries of the Valley, Inc., this day of , 2009. (SEAL) KAMeasures \tax exempt goodwi115 09.doe GOODWILL INDUSTRIES OF THE VALLEY, INC. In Printed Name and Title 3 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Tax Exemption Request - Goodwill Industries of the Valleys, Inc. Dear Mayor Bowers and Members of City Council: Background: Goodwill Industries of the Valleys, Inc. (Goodwill) is a nonprofit organization whose mission is to help people and families in the community achieve a better life through work and independence. It achieves this mission by delivering job search and employment training opportunities to persons with disadvantages and disabilities in the communities it serves. It also delivers adult day support Medicaid Waiver services to persons with disabilities. Goodwill owns real property in the City of Roanoke known as Tax Map # 2420205 located at 2502 Melrose Avenue NW. This property is currently assessed at $3,819,400 with annual real estate taxes of $45,451 due to the City. It is currently being renovated to create a Jobs Campus which will include space for Workforce Development training services, a community room, adult day support services, work simulation and business services work experiences, and the organization's corporate offices. Goodwill believes this project will have a revitalizing effect on the community as it will offer walk -in job search and job training programs as well as the economic impact of this investment. The organization expects to add fifty new jobs at this property once the Jobs Campus concept is fully realized. The renovation is scheduled to be completed during 2009. Based on the information submitted by Goodwill's general contractor to the City's Building Inspections Division in applying for the building permit, the value of the renovations is $2,800,000. The Department of Real Estate Valuation has reviewed the plans for those renovations and, based on its valuation system and methodology, has estimated that their possible assessment valuation impact is CITY OF ROANOKE - OFFICE OF THE CITY MANAGER _ Noel C. Taylor Municipal Building _ �4 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Tax Exemption Request - Goodwill Industries of the Valleys, Inc. Dear Mayor Bowers and Members of City Council: Background: Goodwill Industries of the Valleys, Inc. (Goodwill) is a nonprofit organization whose mission is to help people and families in the community achieve a better life through work and independence. It achieves this mission by delivering job search and employment training opportunities to persons with disadvantages and disabilities in the communities it serves. It also delivers adult day support Medicaid Waiver services to persons with disabilities. Goodwill owns real property in the City of Roanoke known as Tax Map # 2420205 located at 2502 Melrose Avenue NW. This property is currently assessed at $3,819,400 with annual real estate taxes of $45,451 due to the City. It is currently being renovated to create a Jobs Campus which will include space for Workforce Development training services, a community room, adult day support services, work simulation and business services work experiences, and the organization's corporate offices. Goodwill believes this project will have a revitalizing effect on the community as it will offer walk -in job search and job training programs as well as the economic impact of this investment. The organization expects to add fifty new jobs at this property once the Jobs Campus concept is fully realized. The renovation is scheduled to be completed during 2009. Based on the information submitted by Goodwill's general contractor to the City's Building Inspections Division in applying for the building permit, the value of the renovations is $2,800,000. The Department of Real Estate Valuation has reviewed the plans for those renovations and, based on its valuation system and methodology, has estimated that their possible assessment valuation impact is Honorable Mayor and Members of City Council May 18, 2009 Page 2 approximately $1,906,000. Again, this is only an estimate and the final valuation could vary, even significantly, if the actual renovations do not conform entirely to the plans that were reviewed. However, if the impact of the renovations does equal this amount, the total assessed value of the property would rise to $5,725,400. Real estate taxes would be $68,132. Goodwill requests an exemption from real estate taxes on this parcel of real property. . Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331- 051903, with an effective date of January 1, 2003. Goodwill Industries of the Valleys has provided the necessary information required for applications for exemptions that would take effect July 1, 2009. As noted above, the assessed value of the real property at 2502 Melrose Avenue is currently $3,819,000 with annual taxes due of $45,451. If the assessed value of the renovated property mirrors the preliminary estimate provided by the Department of Real Estate Valuation of $5,725,400, the property's annual taxes would be $68,132. In lieu of the possible $68,132 in real estate taxes on this property, Goodwill would agree to pay to the City an annual service charge equal to twenty percent of the tax levy for as long as the exemption continues. In this scenario, the service charge amount would be $13,626. Consequently, the City would be foregoing an additional $54,506 in real estate revenue. Commissioner of the Revenue, Sherman Holland, has determined Goodwill is currently not exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c) 3 tax - exempt organization. Notification of a public hearing to be held May 18, 2009, was duly advertised in the Roanoke Times. Recommended Action: Authorize Goodwill Industries of the Valleys' exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2009, if the organization agrees to pay the subject service charge on the real estate by that date. Respectfully submitted, Darlene L. Burch' 'm City Manager V Honorable Mayor and Members of City Council May 18, 2009 Pag e 3 DLB /rbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Mr. Bruce Phipps, President and Chief Executive Officer, Goodwill Industries of the Valleys, 2520 Melrose Avenue, P. O. Box 6159, Roanoke, VA 24017 Mr. Jackson Green, Compliance Auditor, Goodwill Industries of the Valleys, 2520 Melrose Avenue, P. O. Box 6159, Roanoke, VA 24017 CM09 -00060 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ GOODWILL INDUSTRIES OF THE VAL 2520 MELROSE AVENUE, NW ROANOKE VA 24017 ^ NOTICE OF PUBLIC REFERENCE: 80057386 11411248 State of Virginia City of Roanoke NPH- Goodwill Tax Exe 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 r inia. Sworn and subscribed before me this _ day of May 2009. Witness my hand and official seal. Iota Public Public - - -- --- - - - - -- — — — -- My commission e ire ���f_��_ -- PUBLISHED ON: 05/08 TOTAL COST: 209.04 ``,��111111II' .`� % %,P� A Y �Q,• NOTARY`-. PUBLIC 7� REG. #7090930 MY COMMISSION : FALT H OF 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 May, 18, 2009, commencing at 7:00 p.m.,,in the Council Chambers; 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to §58.1 -3651, Code of Virginia (1950), as'amended, gpiroving the request of odwill Industries of the lleys, Inc., for designation its. real. property as exempt from taxation. The assessed value of the applicant's real property located at 2502 Melrose Avenue, and known as Tax Map No. 2420205 is currently $3,819,400, and real estate taxes of $45,451 were paid in the most recent' year. Based 'on the information submitted to the City by Goodwill's General, Contractor, the declared value of the renovations when completed in 2009 will be $2,800,000; with an estimated assessment of approximately $1,906,000; the total assessed value of the property after renovations are completed would be $5,725,400,.and real estate taxes would be $68,132. Citizens shall have the 'opportunity to be heard and `express their opinions on this matter. If you are a person with a jdisability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, May 14, 2009. GIVEN under my hand this 5th day of May, 2009. Stephanie M. Moon, (11411248) City Clerk. FILED ON: 05/08/09 11111111100`, ––––––––––––––-––––––––––––––––––––––––––––––– –––– +––––––––––––-––––– – – – – –– Authorized Signature:_ ___ �� Billing Services Representative A4 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 May 18, 2009, commencing at 7:00 p.m., in the Council Chambers, 4t" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to §58.1 -3651, Code of Virginia (1950), as amended, approving the request of Goodwill Industries of the Valleys, Inc., for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 2502 Melrose Avenue, and known as Tax Map No. 2420205 is currently $3,819,400, and real estate taxes of $45,451 were paid in the most recent year. Based on the information submitted to the City by Goodwill's General Contractor, the declared value of the renovations when completed in 2009 will be $2,800,000; with an estimated assessment of approximately $1,906,000; the total assessed value of the property after renovations are completed would be $5,725,400, and real estate taxes would be $68,132. 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, May 14, 2009. GIVEN under my hand this 5th day of may , 2009. Stephanie M. Moon, City Clerk. K: \MEASURES \TAX EXEMPT PH NOTICE GOODWILL 5 09.DOC Notice to Publisher: Publish in the Roanoke Times on Friday, May 8, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 K:WOTICES \2009\MAY\NPH- GOODWILL -TAX EXEMPT.DOC Send Bill to: Bruce Phipps President and Chief Executive Officer Goodwill Industries of the Valleys 2520 Melrose Avenue, N. W. P.O. Box 6159 Roanoke, Virginia 24017 (540) 581 -0620 x May 5, 2009 DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building .,, -�- c -,: r L.3 215 Church Avenue, SW, Room 354 CITY �'`L` RK Eir- i `� (0 i PK _4 �� Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 Mr. Bruce Phipps President and Chief Executive Officer Goodwill Industries of the Valleys, Inc. 2520 Melrose Avenue, NW P. O. Box 6159 Roanoke, VA 24017 Dear Mr. Phipps: Goodwill Industries of the Valleys, Inc. (Goodwill), filed a petition .in the City Clerk's Office on April 3, 2009 requesting exemption from taxation on real property located at 2502 Melrose Avenue NW. The real property is identified as tax map number 2420205. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, May 4, 2009, the Council approved a request of the City Manager to hold a public hearing on Monday, May 18, 2009, at 7:00 p.m., or as:soon thereafter as the matter may be heard, to receive citizen comments on the request. A notice of public hearing with regard to the matter will be published in the Roanoke Times by Friday,'May 8, 2009. Your organization will be billed for the amount incurred for publishing the notice. I am forwarding you a copy of a Council Report dated May 18, 2009, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen_ comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on May 18th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, SW. c If you have any questions regarding this information, please feel free to call me at 853 -1643. Sincerely, 49 ,6- 0 �)' R. B. Lawhorn, ,Jr. Budget /Management Analyst Department of Management and Budget Enclosure c: Mr. ,Jackson Green, Compliance Auditor, Goodwill Industries of the Valleys, Inc., 2520 Melrose Avenue, P. O. Box 6159, Roanoke, VA 24017 ✓Stephanie M. Moon, City Clerk iR � t tip, STEPHANIE M, MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 April 3, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331- 051903 was adopted with regard to a new policy and procedure for processing requests from non - profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on April 3, 2009, by Goodwill Industries of the Valleys, non - stock, not - for - profit corporation, requesting exemption from taxation of real property located at 2502 Melrose Avenue, N. W., identified as Official Tax No. 2420205, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date ofJuly 1 st. Petitions forwarded by October 1 5th will have an effective date of January 1 St. SMM:ew Attachment Sincerely, Stephanie M. Moon, CMC City Clerk K: \Tax Exempt \Goodwill Industries 2502 Melrose Ave NW acknowledment 040309.doc Darlene L. Burcham April 3, 2009 Page 2 pc: Bruce Phipps, President & Chief Executive Officer, Goodwill Industries of the Valleys, P. O. Box 6159, Roanoke, Virginia 24017 Jackson G. Green, Compliance Auditor, Goodwill Industries of the Valleys, P. O. Box 6159, Roanoke, Virginia 24017 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K: \Tax Exempt \Goodwill Industries 2502 Melrose Ave NW acknowledment 040309.doc Goodwil Industries of the Valleys Helping people and families in our community achieve a better life through work and independence. Ms. Stephanie M. Moon, CMC City Clerk 215 Church Avenue, S. W. Noel C. Taylor Municipal Building Room 456 Roanoke, Virginia 24011 -1536 April 3, 2009 Via Hand Delivery Dear Ms. Moon: Goodwill Industries of the Valleys, Inc., desires to petition the Roanoke City Council for real estate tax exemption of our property located at 2502 Melrose Avenue, N.W. The following documents are enclosed to support this request: • A copy of our letter dated March 9, 2009, to the Commissioner of the Revenue requesting a determination of tax - exempt status. • A copy of the letter dated March 25, 2009, from the Commissioner of the Revenue indicating the real estate is currently being taxed. • Our Petition to the City Council for Exemption from Taxation Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia. • A copy of our most recent Real Estate Tax Statement. • A copy of our most recent Notice of Change in Assessment. • A copy of an IRS letter dated November 15, 2005, indicating our organization is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. We appreciate the efforts of you and your office to prepare this petition for the City Council's consideration, and do not hesitate to contact me or Jackson Green at 540 -581 -0620 if you have any questions or concerns regarding this petition. We are aware that your office will place the required notice in the newspaper and invoice us for this cost. Sincerely, Bruce Phipps President & Chief Executive Officer Enclosures www.goodwillvalleys.com Roanoke Office R Rocky Mount Office R Staunton Office 1600 North Coalter Street Suite 16 Staunton, VA 24401 Office: 540.886.2001 Fax: 540.886.7112 UnWited March 25, 2009 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner Mr. Bruce Phipps President and Chief Executive Officer Goodwill Industries of the Valleys 2520 Melrose Ave, NW P.O. Box 6159 Roanoke, VA 24017 Re: Property located at 2502 Melrose Ave NW Tax Map No. 2420205 Dear Mr. Phipps: GREGORY S. EMERSON Chief Deputy The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2008 -09 tax year. To be granted tax exempt, the necessary paperwork must be filed and approved by Roanoke City Council. Therefore, I am forwarding your letter to the City Clerk's Office. If you need further assistance, please contact the City Clerk's Office at (540) 853 -2541. Sincerely, Sherman A. Holland Commissioner of the Revenue cc: Stephanie Moon, City Clerk SAH /jec 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853 -2521 * Fax (540) 853 -1115 * www.roanokegov.coni G oodwil Industries of the Valleys Helping people and families in our community achieve a better life through wort: and independence. The Honorable Sherman A. Holland Commissioner of the Revenue City of Roanoke 215 Church Avenue, S.W. Noel C. Taylor Municipal Building Room 251 Roanoke, Virginia 24011 March 10, 2009 Re: Determination of Tax - Exempt Status Dear Sir: Goodwill Industries of the Valleys, Inc. (Goodwill), a 501(c)(3) nonprofit organization located at 2502 Melrose Avenue in the City of Roanoke, hereby requests a determination of tax - exempt status from you. The property for which we are requesting tax - exempt status has the following description: Tax Map Number: 2420205 Property Address: 2502 Melrose Avenue Legal Description: 10.149 Acres Horton Place Our mission is to help people and families in our community achieve a better life through work and independence. We achieve this mission by delivering job search and employment training opportunities to persons with disadvantages and disabilities in the communities we serve. We also deliver adult day support Medicaid Waiver services to persons with disabilities. The property at 2502 Melrose Avenue is currently being renovated to create a Jobs Campus which will include space for Workforce Development training services, a community room, adult day support services, work simulation and business services work experiences, and our corporate offices. This renovation is scheduled to be complete during 2009. Our project will have ,a revitalizing effect on our neighborhood as we offer walk -in job search and job training programs as well as the economic impact of this investment. We expect to add fifty new jobs at this property in the City as the Jobs Campus concept is fully realized. Goodwill intends to use this property exclusively in the fulfillment of our charitable mission. We offer the following assertions to assist in your determination: • Goodwill has no rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin, www.goodwilivalleys.com Roanoke Office Rocky Mount Office 2520 Melrose Avenge, NW 1045 North Main Street P.O. Box 6159 P.O. Box 157 Roanoke, VA 24017 Rocky Mount, VA 241 S Office: 540581.0620 Office: 540.483.0296 Fax: 540.581.0629 Fax: 540.483.0297 Radford Office 103 Duncan Lane Radford, VA 24141 Office: 540.639.9027 Fax: 540.639.3517 Dublin Office 106 Town Center Drwe P.O. Box 1412 Dublin, VA 24084 Office: 540.674.1721 Fax; 540.674.2691 Staunton Office 1600 North Coalter Street Sune 16 Staunton, VA 24401 Office: 540.886.2001 Fax: 540.886.7112 United . � ` IVey &I • Goodwill is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954. Our federal identification number is 54- 0884014 and our determination by the IRS was issued in 1970. • No annual alcohol beverage license for serving alcoholic beverages has been issued by the Alcoholic Beverage Control Board for use on this property. • No director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders. • No part of the net earnings of Goodwill inures to the benefit of any individual. To fund our services, Goodwill receives donations of used clothing and household items which are sold at thrift stores. Goodwill also receives program service funding and grants from federal, state and local sources such as Medicaid, Department of Rehabilitative Services, the City of Roanoke, and United Way. We also receive cash donations for our general operations as well as the Jobs Campus capital campaign. • Goodwill provides services for the common good of the public by training persons with barriers to employment to obtain competitive employment and by providing work experiences to persons with disabilities. • No significant portion of the activities of Goodwill involves carrying on propaganda or otherwise attempting to influence legislation. The organization does not participate or intervene in any political campaign on behalf of any candidate for public office. • Based on the 9/17/08 assessment, exempting 80% of this property from taxation will have a revenue impact on the City of Roanoke of $36,361. The renovation of the 2502 Melrose Avenue property and Goodwill's investment in a Jobs Campus to serve this neighborhood will be a valuable contributor to the revitalization and long -term success of Northwest Roanoke. We respectfully request your consideration of this request for Tax Exempt Determination as Goodwill fulfills its charitable mission. Sincerely, ruce Phipps , �" '; President and Chief Executive Officer VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1 a. Your Petitioner, Goodwill Industries of the Valleys, Inc., a Virginia, non - stock, not for profit corporation owns certain real property, located at 2502 Melrose Avenue, NW, in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 2420205, with a total assessed value of $3,819,400 and a total of $45,450.86 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in our mission to help people and families in our community achieve a better life through work and independence by delivering job search and employment training opportunities for persons with disadvantages and disabilities and by delivering adult developmental learning (Medicaid MR Waiver) services be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 in December 1970. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to the Petitioner for use on such property. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. The organization contracts with an independent, external organization annually to perform an executive compensation market survey for executive management positions. The Petitioner also performs periodic external compensation surveys for other positions in the organization to ensure compensation is reasonable. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): No part of the net earnings of organization inures to the benefit of any individual. To fund the services provided by the organization, the Petitioner receives donations of used clothing and household items which are sold in thrift stores (approximately 62% of total support for the fiscal year ended June 20, 2008), program fees from 2 delivery of services (8 %), federal grants (1 1 %), local government grants (less than I%), cash donations (less than 2 %), and other sources (16 %). 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it trains persons with barriers to employment to obtain competitive employment, it provides work experiences for persons with disabilities and disadvantages, and it provides adult development learning services to persons with disabilities. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation. The organization does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. Your Petitioner is an equal opportunity / affirmative action employer. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): Exempting the property will result in decreased revenues of $36,360.69 to the City of Roanoke (80% of the current Annual Tax of $45,450.86) based on the Petitioner's current Assessment. Your Petitioner is currently constructing approximately $2,800,000 of renovations to this property with completion anticipated in July, 2009. The anticipated Annual Tax on these renovations will be $33,320.00 and the amount exempted net of the 20% service fee will be $26,656.00. 3 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): As evidenced by the purchase and renovation of this Jobs Campus property at 2502 Melrose Avenue, your Petitioner is making a significant long -teen investment in the renewal and revitalization of this neighborhood and the City at large. This investment includes not only the construction costs but also increased future employment and operating expenditures within the City of Roanoke. The greatest investment, and the greatest benefit to the City of Roanoke, will be the impact your Petitioner makes on the lives of the persons who receive employment training at the Jobs Campus. THEREFORE, your Petitioner, Goodwill Industries of the Valleys, Inc., respectfully requests to the Council of the City of Roanoke that this real property of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of helping people and families in our community achieve a better life through work and independence by delivering job search and employment training opportunities for persons with disadvantages and disabilities and by delivering adult developmental learning (Medicaid MR Waiver) services. Respectfully submitting this 3rd day of April, 2009 Bruce Phipps President and Chief Executive Officer M May 19, 2009 D. Kent Chrisman, Chair City Planning Commission Roanoke, Virginia Dear Mr. Chrisman: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38463- 051809 rezoning I property located at 1010 Montrose Avenue, S. E., from RM -1, Residential Mixed Density District, to IN, Institutional District, in order to place the property in a zoning district which is consistent with its current use for the public necessity, convenience, and general welfare, and to promote good zoning practice. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, (2 L' � e- c Y) ja—t Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment 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 May 19, 2009 D. Kent Chrisman, Chair City Planning Commission Roanoke, Virginia Dear Mr. Chrisman: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38463- 051809 rezoning I property located at 1010 Montrose Avenue, S. E., from RM -1, Residential Mixed Density District, to IN, Institutional District, in order to place the property in a zoning district which is consistent with its current use for the public necessity, convenience, and general welfare, and to promote good zoning practice. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, (2 L' � e- c Y) ja—t Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment D. Kent Chrisman, Chair May 19, 2009 Page 2 pc: Open Bible Baptist Church, 1010 Montrose Avenue, S. E., Roanoke, Virginia 24013 Fellowship Baptist Church, 929 Murray Avenue, S. E., Roanoke, Virginia 24013 Crystal Dennis, 1012 Montrose Avenue, S.' E., Roanoke, Virginia 24013 Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart Avenue, S. E., Roanoke, Virginia 24013 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38463- 051809. 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, the Planning Commission for the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 1010 Montrose Avenue, S.E:, Official Tax No. 4122613, rezoned from RM -1, Residential Mixed Density District, to IN, Institutional District, in order to place the property in a zoning district which is consistent with its current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice; WHEREAS, the City Plamzing Conunission, 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 Council on such application at its meeting on May 18, 2009, 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 rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's o-C ity-M ontrose-rezon 6. doe 1 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 Official Tax No. 4122613, located at 1010 Montrose Avenue, S.E., be and is hereby rezoned from RM -1, Residential Mixed Density District, to IN, Institutional District, in order to place the property in a zoning district which is consistent with its current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice, as set forth in the Zoning Amendment Application dated March 19, 2009. 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: City Clerk. O- City - Montrose - rezone.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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City Planning Commission to rezone property at 1010 Montrose Avenue, S.E., Official Tax No. 4122613, from RM -1, Residential Mixed Density District, to IN, Institutional District, in order to place the property in a zoning district which is consistent with its current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice. Planning Commission hearing and recommendation Planning Commission public hearing was held on Thursday, April 16, 2009. There was no one present to speak for or against the proposed rezoning request. By a vote of 7 -0, the Commission recommended approval of the request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001 -2020, and the Morningside/Kenwood /Riverdale Neighborhood Plan. Rezoning the subject property to IN District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood. Respectfully submitted, D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Members of City Council Page 2 May 18, 2009 Application Information Request: Rezoning Owner.- City of Roanoke Applicant: City Planning Commission City Staff Person: Maribeth B. Mills Site Address /Location: 1010 Montrose Avenue, SE Official Tax Nos.: 4122613 Site Area: 0.1389 Acres Existing Zoning: RM -1, Residential Mixed Density Proposed Zoning: IN, Institutional Existing Land Use: Place of Worship Proposed Land Use: Place of Worship Neighborhood Plan: Morningside/Kenwood /Riverdale Neighborhood Plan Specified Future Land Use: Single-Family and Scattered Duplex Filing Date: Original Application: March 19, 2009 Background On December 5, 2005, the subject property's zoning was changed from RM -1, Residential Multifamily Low Density District, to RM -1, Residential Mixed Density District as part of the City's comprehensive rezoning. The existing use of that property during the comprehensive rezoning was a place of worship, a use that continues there today. Under the property's previous zoning of RM -1 District, a place of worship was permitted by- right. As part of the City's review of zoning maps, it became clear that the zoning designation given to this site during the comprehensive rezoning was inconsistent with its use. Therefore, the City of Roanoke is requesting to rezone the property from RM -1 District, to IN, Institutional District to allow Open Bible Baptist Church to continue as a conforming use. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: Under the property's current RM -1 zoning, single - family dwellings, two- family dwellings, townhouse dwellings, bed and breakfasts, group care facilities, group homes, community gardens, child home day care and fire, police and emergency Zoning District Land Use North RM -1, Residential Mixed Density Single - Family Dwelling South IN, Institutional Educational Facility East IN, Institutional Library West IN, Institutional Place of Worship Compliance with the Zoning Ordinance: Under the property's current RM -1 zoning, single - family dwellings, two- family dwellings, townhouse dwellings, bed and breakfasts, group care facilities, group homes, community gardens, child home day care and fire, police and emergency Members of City Council Page 3 May 18, 2009 services are permitted by -right or by special exception. Places of worship are not permitted, making the existing use nonconforming and subject to Section 36.2- 705 of the City's Zoning Ordinance. This section only allows the nonconforming use to operate within the parameters present at the time of the comprehensive rezoning — meaning the intensification of the use is not allowed. Rezoning the property to the IN District will remove the place of worship from its nonconforming status, allowing future enhancements to the property. Permitted uses and dimensional standards are very limiting in the IN District, providing a level of protection to surrounding property owners. In addition to a place of worship, permitted uses include community centers, playgrounds, community gardens, child /adult day care, educational facilities, fire, police, and emergency services, libraries, and post offices. Dimensional standards prohibit the construction of any building closer than 15 feet to any property line that abuts a residential district, a height limitation of 40 feet, and a maximum impervious surface ratio of 80 %. Conformity with the Comprehensive Plan and Neighborhood Plan: Places of worship are appropriate in residential neighborhoods. The church in question has been a part of the Morningside neighborhood since its construction in 1943. It is similar in scale and style to surrounding residences, consisting of approximately 1,000 square feet in a one -story, brick building. The church's lot is a little over 6,000 square feet and contains no on -site parking. It is surrounded by other institutional uses including a church, educational facility, and library, as well as single - family residences. The following policies of Vision 2001 -2020 are relevant to the application: • NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. City Department Comments: None. Public Comments: None. ' Zonn Amendment Application Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: Mar 19, 2009 Request (select ,all that- apply): x❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional Submittal Number: Original Application ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property linforn�ations. Address: 11010 Montrose Avenue, S.E. Official Tax No(s).: Click Here. to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM -1, Residential Mixed Density El With Conditions (If multiple zones, please manually enter all districts.) ❑x Without Conditions Ordinance No(s). for Existing Conditions (If applicable): Requested Zoning: IN, Institutional Proposed Land Use: place of worship Property Owner information: Name: 10pen Bible Baptist Church Address: 11010 Montrose Avenue, SE Property Owner's Signature: A0pi cant information (lif different fromov nri . Name: ICity Planning Commission Address Applicant's Signature: - Authorized'Agent Information (if applicable. Name: ID. Kent Chrisman, Chairman Address: J�kty Plapping 6mrpission Authorized Agent's Signature: Phone Number: E -Mail: Phone Number: +1 (540) 853 -1730 E -Mail: Phone Number: E -Mail: Attachment A Adjoining property owners for Montrose Avenue Rezoning 4122612,4130502 City of Roanoke 4122614 Crystal J. Dennis 1012 Montrose Ave., S. E. Roanoke, VA 240193 4122602 Fellowship Baptist Church RZq ll lkr vl , ,per, S`L a(4) 13 Ile '�`• f Mkt it C f \ el 1: F¢ t` It !!� F l . `'•� 2 \. � t, '4 _ n l• .t •4 *y .z•� I ''! t✓ ,.`i✓ t i} ,F/"f ; I Sf y — ROS i fYf ''•� � i F it � I � }�"�� 3;� 1 { It r `'I t x _ l � F 1010 Montrose Avenue, S.E. rki l Official Tax Map No..4122613 �; 1 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City of Roanoke at 1010 Montrose Avenue, S.E., Tax No. 4122613, from ) RM -1 to IN, no conditions )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 30`" day of March, 2009, notices of a public hearing to be held on the 16th day of April, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name 4122612 City of Roanoke 4130502 4122602 Fellowship Baptist Church 4122614 Crystal Dennis Also Notified: Sandra Eanes, Chair, SEAF Mailing Address 1010 Montrose Avenue, SE Roanoke, VA 24013 1012 Montrose Avenue, SE Roanoke, VA 24013 o`er „T-�. 'a4t4L Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of March, 2009. Notary Public My Commission Expires: 9—'3c-a013 DONALD L. RICHARDSON NOTARY PUBLIC Commonwealth of Virginia Reg. # 3 Q{ 30 ; - My Commission.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: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk May 1, 2009 Interested Property Owners /Adjoining Property Owners: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke Planning Commission to rezone property located at 1010 Montrose Avenue, S. E., from RM -1 , Residential Mixed Density District, to IN, Institutional District; in order to place it in a zoning district which is consistent with its current use, for the public necessity convenience and general welfare, and to promote good zoning practice. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, Stephanie M. City Clerk SMM:ew ty), po-VQ Moon, CM May 19, 2009 D. Kent Chrisman, Chair City Planning Commission Roanoke, Virginia Dear Mr. Chrisman: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38464- 051809 rezoning properties. located on Orange Avenue, N. E., Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District, to CG, Commercial General District; properties on Orange Avenue, N. E., Official Tax Nos. 3210106 — 3210113, inclusive, and properties on Purcell Avenue, N. E., Official Tax Nos. 3210114 — 32101.19, inclusive, from RM -2, Residential Mixed Use District, to CG, Commercial General District; and property on Orange Avenue, N. E., Official Tax No. 3221309, from 1 -1, Light Industrial District, to CG, Commercial General District, in order to place the properties in zoning districts which are consistent with their current use for the public necessity, convenience, and general welfare, and to promote good zoning practice. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, QL—,k - 4)�. &9444� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment CITY OF ROANOKE _ OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 6 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk May 19, 2009 D. Kent Chrisman, Chair City Planning Commission Roanoke, Virginia Dear Mr. Chrisman: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38464- 051809 rezoning properties. located on Orange Avenue, N. E., Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District, to CG, Commercial General District; properties on Orange Avenue, N. E., Official Tax Nos. 3210106 — 3210113, inclusive, and properties on Purcell Avenue, N. E., Official Tax Nos. 3210114 — 32101.19, inclusive, from RM -2, Residential Mixed Use District, to CG, Commercial General District; and property on Orange Avenue, N. E., Official Tax No. 3221309, from 1 -1, Light Industrial District, to CG, Commercial General District, in order to place the properties in zoning districts which are consistent with their current use for the public necessity, convenience, and general welfare, and to promote good zoning practice. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, QL—,k - 4)�. &9444� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment D. Kent Chrisman May 19, 2009 Page 2 PC: Dorothy M. Thomas, 3028 Lockridge Road, S. W., Roanoke, Virginia 24014 Rodney E. Dudley, 3743 Norway Avenue, N. W., Roanoke, Virginia 24017 TLC Properties, Inc., P. O. Box 66338, Baton Rouge, Louisiana 70896 Rachel L. Greenway, 1332 Purcell Avenue, N. E., Roanoke, Virginia 24012 Gladys W. Padget, 1842 Avonlea Avenue, Cincinnati, Ohio 45237 Jerry Lee and Connie Dawn King, 1338 Purcell Avenue, N. E., Roanoke,' Virginia 24012 Tobbie Bennie Russeau, 1348 Purcell Avenue, N. E., Roanoke, Virginia 24012 Blue Stone Block, Inc., P. O. Box 12546, Roanoke, Virginia 24026 French H. Hagy, 1714 East Gate Avenue, N. E., Roanoke, Virginia 24012 Valley Excavating, LLC, 2194 Morgans Mill Road, Goodview, Virginia 24095 Woods Family Properties, LLC, 1275 Rhodes Avenue, N. E., Roanoke, Virginia 24012 Laurel Ann Sykes Berg, 71 Windtree Point Drive, Moneta, Virginia 24122 DJ's Transmission, 1308 McDowell Avenue, N. E., Roanoke, Virginia 24012 Pamela Silver Barger Owens Trustee, P. O. Box 2252, Branson, Montana 65615 Candace L. Hamblin, 5551 Rome Drive, N. E., Roanoke, Virginia 24019 Michelle Carter and Ellis James Thomas, 111, 3910 Waldon Road, Ravenel, South Carolina 29470 Brian Sisson, 303 Academy Street, Salem, Virginia 24153 Nininger Investments, LLC, 1918 Orange Avenue, N. E., Roanoke, Virginia 24012 Adrian LQwis, Chair, Wildwood Civic League, 2538 Belle Avenue, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission M_ ------ -- -- - - - - -- - - -- -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38464- 051809. 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 properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located on Orange Avenue, N.E., Official Tax Nos. 3210101 and 3210105, rezoned from CN, Commercial Neighborhood District, to ' CG, Commercial General District; properties on Orange Avenue, N.E., Official Tax. Nos. 3210106 through 3210113, inclusive, and properties on Purcell Avenue, N.E., Official Tax Nos. 3210114 through 3210119, inclusive, rezoned from RM -2, Residential Mixed Use District to CG, Commercial General District; and property on Orange Avenue, N.E., Official Tax No. 3221309, rezoned from I -1, Light Industrial District, to CG, Commercial General District, in order to place the properties in zoning districts which are consistent with their current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice: WHEREAS, the City Plamzing Conunission, after giving proper notice to all concerned as required by §'6.2-540, 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; O- City - Orange- Purcel l- rezone. doc 1 WHEREAS, a public hearing was held by City Council on such application at its meeting on May 18, 2009, 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 rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 3210101 and 3210105, located on Orange Avenue, N.E., be and are hereby rezoned from CN, Commercial Neighborhood District, to CG, Commercial General District; Official Tax Nos. 3210106 through 3210113, inclusive, located on Orange Avenue, N.E. and Official Tax Nos. 3210114 through 3210119, inclusive, located on Purcell Avenue, N.E., be and are hereby rezoned from RM -2, Residential Mixed Use District to CG, Commercial General District; and Official Tax No. 3221309, located on Orange Avenue, N.E., be and is hereby rezoned from I -1, Light Industrial District, to CG, Commercial General District, in order to place the properties in zoning districts which are consistent with their current use, for the public O- City - Orange- Purcell- rezone.doc 2 necessity, convenience, and general welfare, and to promote good zoning practice, as set forth in the Zoning Amendment Application dated March 19, 2009. 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: City Clerk. O- City - Orange - Purcell- rrezone.doc 3 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 May 18, 2009 Planning Commission Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Requests from the City Planning Commission to rezone the following properties in order to place them in zoning districts which are consistent with their current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice: properties located on Orange Avenue, N.E., Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District, to CG, Commercial General District; properties on Orange Avenue, N.E., Official Tax Nos. 3210106 through 3210113, inclusive, and properties on Purcell Avenue, N.E., Official Tax Nos. 3210114 through 3210119, inclusive, from RM -2, Residential Mixed Use District to CG, Commercial General District; and property on Orange Avenue, N.E., Official Tax No. 3221309, from I- 1, Light Industrial District, to CG, Commercial General District. Planning Commission public hearing and recommendation Planning Commission public hearing was held on Thursday, April 16, 2009. Discussion and citizen comment from the public hearing is set out at the end of this report. By a vote of 7 -0, the Commission recommended approval of the request, finding the application to rezone the subject property to be consistent with zoning patterns and land use along Orange Avenue. Rezoning the subject property to CG District is appropriate given the site's zoning history, existing land uses, and the surrounding neighborhood. Respectfully submitted, D. Kent Chrisman, Chairman City Planning Commission Members of City Council Page 2 May 18, 2009 cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Members of City Council Page 3 May 18, 2009 Application Information Request: Owner: Applicant: City Staff Person: Site Address /Location Official Tax Nos.: Site Area: Existing Zoning: Proposed Zoning: Existing Land Use: Proposed Land Use: Neighborhood Plan: Specified Future Land Use. Filing Date: Background Rezoning City of Roanoke City Planning Commission Maribeth B. Mills Orange and Purcell Avenue N.E. 3210101, 3210105 through 3210119, 3221309 2.8 Acres CN, Commercial- Neighborhood District, 1 -1, Light Industrial, RM -2, Residential Mixed - Density District CG, Commercial - General District Eating Establishment, Retail Sales, Outdoor Advertising, Vacant Commercial Hollins/Wildwood Area Plan Neighborhood Commercial and Mixed Residential Original Application: March 19, 2009 In November of 2001, City Council rezoned the subject properties from LM, Light Manufacturing, to C -2, General Commercial by Ordinance No. 35670- 111901 for consistency with existing land uses (Thomas's Market) and to increase marketability. In 2005, the City undertook a comprehensive rezoning which converted vacant parcels to the RM -2 or 1 -1 District and developed parcels to the CN District. The electronic version of the zoning map did not correctly reflect the rezoning that took place in 2001. Subsequent analysis of zoning patterns in the area, therefore, did not account for the relatively recent rezoning to C -2. Zoning designations given to the subject parcels during the comprehensive rezoning were inconsistent with the zoning designation approved only a few years prior by City Council. Therefore, the City of Roanoke is requesting to rezone the subject properties to CG District. Considerations Surroundinq Zoning and Land Use: Zoning District Land Use North RM -1, Residential Mixed - Density Vacant property. South RM -2, Residential Mixed - Density Single- family residences and vacant property. East CN, Commercial- Neighborhood and 1 -1, Light Industrial Tinker Creek, Motor Vehicle repair or service establishment DJ's Members of City Council Page 4 May 18, 2009 Compliance with the Zoning Ordinance: The Commercial - General District is intended for motor vehicle dependent uses and is applied primarily along heavily traveled arterial streets such as Orange Avenue. Uses include general retail establishments, offices, service establishments, motor vehicle related sales and services, eating establishments, accommodations, and entertainment uses. All uses currently established on the subject properties are permitted in the CG District. New construction will be required to meet the minimum /maximum standards imposed by the Zoning Ordinance. Conformity with the Comprehensive Plan and Neighborhood Plan: During the 2005 comprehensive rezoning, these parcels were rezoned RM -2 and CN District for consistency with Vision 2001 -2020 and the Hollins/Wildwood Area Plan which encourage the development of commercial nodes surrounded by higher density residential as opposed to strip development. In accordance with this policy, vacant parcels were rezoned to residential or small scale commercial districts to provide intermittent breaks in more intense commercial zoning along Orange Avenue NE. However, rezonings acquired by the owner prior to 2005 were typically respected during the comprehensive rezoning process and assigned a similar zoning designation from the new ordinance. Rezoning the parcels to the CG District will provide consistency with the zoning designation acquired by the owner only a few years prior to the comprehensive rezoning of the City. The following policies of Vision 2001 -2020 are relevant to the application: • ED P6: Commercial development: Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. The following policies of the Hollins/Wildwood Area Plan are relevant to the application: • Economic Development Policies and Actions a. Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. b. Orange Avenue: Maintain commercial zoning that will retain existing businesses and attract new establishments. c. Commercial Centers: Identify or create nodes along Orange Avenue for commercial centers; concentrations of small- to medium -sized commercial establishments. Avoid strip commercial zoning patterns. Transmission), vacant property. West 1 -1, Light Industrial Building supplies and materials, wholesale Blue Stone Block Inc. Compliance with the Zoning Ordinance: The Commercial - General District is intended for motor vehicle dependent uses and is applied primarily along heavily traveled arterial streets such as Orange Avenue. Uses include general retail establishments, offices, service establishments, motor vehicle related sales and services, eating establishments, accommodations, and entertainment uses. All uses currently established on the subject properties are permitted in the CG District. New construction will be required to meet the minimum /maximum standards imposed by the Zoning Ordinance. Conformity with the Comprehensive Plan and Neighborhood Plan: During the 2005 comprehensive rezoning, these parcels were rezoned RM -2 and CN District for consistency with Vision 2001 -2020 and the Hollins/Wildwood Area Plan which encourage the development of commercial nodes surrounded by higher density residential as opposed to strip development. In accordance with this policy, vacant parcels were rezoned to residential or small scale commercial districts to provide intermittent breaks in more intense commercial zoning along Orange Avenue NE. However, rezonings acquired by the owner prior to 2005 were typically respected during the comprehensive rezoning process and assigned a similar zoning designation from the new ordinance. Rezoning the parcels to the CG District will provide consistency with the zoning designation acquired by the owner only a few years prior to the comprehensive rezoning of the City. The following policies of Vision 2001 -2020 are relevant to the application: • ED P6: Commercial development: Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. The following policies of the Hollins/Wildwood Area Plan are relevant to the application: • Economic Development Policies and Actions a. Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. b. Orange Avenue: Maintain commercial zoning that will retain existing businesses and attract new establishments. c. Commercial Centers: Identify or create nodes along Orange Avenue for commercial centers; concentrations of small- to medium -sized commercial establishments. Avoid strip commercial zoning patterns. Members of City Council Page 5 May 18, 2009 d. Maximize Use of Existing Commercial Districts: Avoid further expansion of commercial districts to encourage quality development and more efficient use of land in existing districts. City Department Comments: The City's Traffic Engineer noted that any future development will require a traffic impact study and direct access onto Orange Avenue will restricted. Planning Commission Public Hearing: The following statements were made by the Planning Commission at their April 16th public hearing: 1. Mr. Williams stated that he felt the comprehensive rezoning of the subject properties in 2005 was not an error and that the existing zoning was consistent with the Hollins/Wildwood Area Plan and Vision 2001 -2020. Mr. Williams also stated that he would prefer the owner request the rezoning when a specific development plan was in place. 2. Ms. Katz stated that she could not imagine anything other than commercial development being successful on the subject properties. The following comments and questions were posed by the public on April 16th at the Planning Commission's public hearing: 1. Mr. Eric Thomas (4106 Horseman Mountain Drive, Vinton) stated that his family had rezoned the subject properties to commercial in 2001 and would like that classification to be reinstated. He said his family planned to use the property for retail use. 2. Ms. Gladys Padgett (1842 Avonlee Avenue, Cincinnati) asked if her property was being rezoned. The Commission determined that her property was an adjoiner to the subject properties and would remain Residential Mixed Density District. Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IMar 19, 2009 Submittal Number: 1Original Application Fx_1 Rezoning, Not Otherwise Listed F-1 Rezoning, Conditional F-1 Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property Informations ':.."',", Address: 10range and Purcell Avenues, N.E. I Click Here to PHnt ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan [:] Amendment of Comprehensive Sign Overlay District Official Tax No(s).: 13210101;3210105-3210119, inclusive; and 3221309 Existing Base Zoning: CN, RM-2, and 1-1 With Conditions (If multiple zones, please manually enter all districts) Fx� Without Conditions Ordinance No(s). for Existing Conditions (If applicable): F_ Requested Zoning: ICG, Commercial-General I Proposed Land Use: commercial use Property Owner 'Information: n: Name: [Dorothy Thomas(3028 Lock Ridge Road); Rodney Dudley Phone Number: I Address: lNorway Avenue, NW); TLC Properties (PO 66338 Baton Rouge, LA) E-Mail: F_ Property Owner's Signature: Applicant Inf6irnatiori (If-different from oWfie"i Name: lCity Planning Commission Phone Number: +1 (540) 853-1730:�1 121Xhurt Avenue, SW Roanoke, VA 24011 1 E-Mail: I Applicant's Sighature: V Atjtfio'r1z6 dA&6 h' Information i1t. appIll6giwig.. Name: D. Kent Chrisman, Chairman Phone Number: I ng Commission Signature: E-Mail: I Attachment 1 Rezoning along Orange and Purcell Avenues, N.E. Property Owner Listing 3210101 Dorothy M. Thomas 3210105 3028 Lockridge Road, SW 3210114 Roanoke, VA 24014 3210115 3210116 3210117 3210118 3210119 3221309 3210110 3210111 3210112 3210113 3210106 Rodney E. Dudley 3210107 3743 Norway Avenue, NW Roanoke, VA 24017 3210108 TLC Properties, Inc. 3210109 P O Box 66338 Baton Rouge, LA 70896 0 a Attachment 2 Rezoning Orange and Purcell 3050903 Avenues, N.E. Laurel Ann Sykes Berg 71 Windtree Pt. Dr. Adjoining Property Owner Listing Moneta, VA 24121 3210121 3050512 Rachel L. Greenway DJ's Transmission 1332 Purcell Ave., N. E. 1308 McDowell Ave., N. E. Roanoke, VA 24012 Roanoke, VA 24012 3210122 3050102 Gladys Williams Padget Pamela Silver Barger Owen Trustee 1842 Avonlea Ave. P. O. Box 2252 Cincinnati, OH 45237 Branson, MO 65615 3210123,3210204 3220801 Jerry Lee King, Jr. Candace L. Hamblin Connie Dawn King 5551 Rome Dr. 1338 Purcell Ave. N. E. Roanoke, VA 24019 Roanoke, VA 24012 3221101, 3221102 1313 Purcell Avenue, NE Michelle Carter Thomas Roanoke, VA 24012 Ellis James Thomas III 3910 Waldon Rd. 3210124 Ravenel, SC 29470 Dorothy L. Thomas 3221103 3210125 TLC Properties, Inc. Tobbie Bennie Russeau 1348 Purcell Ave., N. E. 3221104, 3221105 Roanoke, VA 24012 Brian Sisson 303 Academy St. 3221301, 3221311 Salem, VA 24153 Blue Stone Block, Inc. P. O. Box 12546 3221106, 3221107, 3221108, Roanoke, VA 24026 3221109. 3221110, 3221111 3221112, 3221113, 3221114 3210201, 3210202 Nininger Investments, LLC French H. Hagy 1918 Orange Ave., N. E. 1714 East Gate Ave., N.E.. Roanoke, VA 24012 Roanoke, VA 24012 3051112 4216 Brambleton Ave. City of Roanoke Roanoke, VA 24018 3210203, 3210205, 3210206, 3210207, 3210208 Valley Excavating, LLC 2194 Morgans Mill Rd. Goodview, VA 24095 3051101 Woods Family Properties, LLC 1275 Rhodes Ave., N. E. Roanoke, VA 24012 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City of Roanoke on Orange and Purcell, N.E., Tax Nos. 3210101, 3210105- 3210119, inclusive, 3221309, from CN, RM -2 and I -1 to CCU no conditions COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) AFFIDAVIT 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 301' day of March, 2009, notices of a public hearing to be held on the 16'h day of April, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name 3210101 Dorothy M. Thomas 3210105 3210110 through 3210119 3221309 3210124 Mailing Address 3028 Lockridge Road, SW Roanoke, VA 24014 3210106 Rodney E. Dudley 3743 Norway Avenue, NW 3210107 Roanoke, VA 24017 3210108 TLC Properties, Inc. P O Box 66338 3210109 Baton Rouge, LA 70896 3221103 3210121 Rachel L. Greenway 1332 Purcell Avenue, NE Roanoke, VA 24012 3210122 Gladys W. Padget 1842 Avonlea Avenue Cincinnati, OH 45237 3210123 Jerry Lee King, Jr. 1338 Purcell Avenue, NE 3210204 Connie Dawn King Roanoke, VA 24012 1313 Purcell Avenue, NE Roanoke, VA 24012 3210125 Tobbie Bennie Russeau 1348 Purcell Avenue, NE Roanoke, VA 24012 ♦- J 3051101 3050903 3050512 3050102 3220801 3221101 3221102 3221104 3221105 Woods Family Properties, LLC Laurel Ann Sykes Berg DJ's Transmission 1275 Rhodes Avenue, NE Roanoke, VA 24012 71 Windtree Pt. Drive Moneta, VA 24122 1308 McDowell Avenue, NE Roanoke, VA 24012 Pamela Silver Barger Owens Trustee P O Box 2252 Branson, MO 65615 Candace L. Hamblin Michelle Carter Ellis James Thomas, III Brian Sisson 5551 Rome Drive Roanoke, VA 24019 3910 Waldon Road Ravenel, SC 29470 303 Academy Street Salem, VA 24153 3221106 Nininger Investments, LLC 1918 Orange Avenue, NE through 3221114 Roanoke, VA 24012 3051112 City of Roanoke Also Notified: Adrian Lewis, Chair, Wildwood Civic League Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30'' day of March, 2009. 1 / DONALD L RICHARDSON -1riC- �iUd�� NOTARY PUBLIC Notary Public Commonwealth of Virginia Reg. # 3Yel 07 my commission c( My Commission Expires: �G'aGr� The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +---- - - - - -- CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 REFERENCE: 80076514 11402059 NPH- Montrose - Orange- 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 _ -jCrr1 _day of May 2009. Witness my hand and official seal. vri Notary Public My commission xpi s _ _ ____ ib• -au L I I .b NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a;public hearing on Monday, May 18, 200%1jat 7:00 p.m., or as soori` 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 the City Planning Commission to rezo'.ne the following properties In order to place them in zoning districts which are consistent with their current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice: property at 1010 Montrose Avenue, S.E., Official Tax No. 14122613, from RM -1, 'Residential Mixed Density District, to IN, Institutional �District; properties located ori Orange Avenue, N.E., Official Tax Nos. 3210101 and 3210105, from CN, ` Commercial Neighborhood ,District, to CG, Commercial General District; properties' Ion Orange Avenue, N.E., Official Tax Nos. 32101061I ithrough 3210113, inclusive, 1 and properties on Purcell Avenue, N.E., Official Tax! ,N Os. 3210114 through' 3210119, inclusive, from RM -2, Residential Mixed Use District to CG, Commercial 'General District; and IpNraperty on Orange Avenue, .E., Official Tax No. 3221309, from 1 -1, Light Industrial District, to CG, Commercial General District. Copies of the applications are available for review in the Office of the City Clerk; Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. ```Itllllll / /��' I Al In inteteit and citizens may appear nthe A. y',� I above date and bheard on A�'!_ the matter. If you are a PUBLISHED ON: 05/01 0 5 / 0 8 ` Q' . 'NOTARY ' .'9 �% I person with a disability who needs accommodations for ' PUBLIC I this hearing, please contact • the City Clerk's Office, at REG. #7090930 I 853 -2541, before noon on the Thursday before the date MY COMMISSION I of the hearing listed above— ') :• PIKE Q` I GIVEN under my hand this ��' , I 29th day of April, 2009. � 7- >/• \ � Stephanie M. Moon, CMC ' City Clerk. TOTAL COST: 505.44 '4gLTH � (11402059) F` FILED ON: 05/08/09 '��/1111►to���``` I -------------------------------------------------- +------ - - - - -- Authorized Signature: - - - -' Billing Services Representative \h NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter maybe 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 the City Planning Commission to rezone the following properties in order to place them in zoning districts which are consistent with their current use, for the public necessity, convenience, and general welfare, and to promote good zoning practice: property at 1010 Montrose Avenue, S.E., Official Tax No. 4122613, from RM -1, Residential Mixed Density District, to IN, Institutional District; properties located on Orange Avenue, N.E., Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District, to CG, Commercial General District; properties on Orange Avenue, N.E., Official Tax Nos. 3210106 through 3210113, inclusive, and properties on Purcell Avenue, N.E., Official Tax Nos. 3210114 through 3210119, inclusive, from RM -2, Residential Mixed Use District to CG, Commercial General District; and property on Orange Avenue, N.E., Official Tax No. 3221309, from I -1, Light Industrial District, to CG, Commercial General District. Copies of the applications are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 29thday of April , 2009. Mon u-ose- Orange -P a rce I I- rezone. doc Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, May 1, and Friday, May 8, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH- Montrose- Orange - Purcell. doc Send Bill to: Martha Franklin Planning Coordinator 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 24011 (540) 853 -1730 F(540) 853 -1230 I. STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am attaching copy of Ordinance No. 38465- 051809 allowing the continuance of an' existing encroachment caused by the construction of two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant located at 551 Marshall Avenue, S. W., that encroach into the public right -of -way of a portion of Marshall Avenue, S. W., and a portion of 6th Street, S. W., upon certain terms and conditions. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment PC: Ed Walker, P. O. Box 586, Roanoke, Virginia 24004 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Cassandra L. Turner, Economic Development Specialist ROANOKE TAX MAP NO. 1113517 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38465- 051809. AN ORDINANCE allowing the continuance of an existing encroachment caused by the construction of two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant located at 551 Marshall Avenue, S.W., that encroach into the public right -of -way of a portion of Marshall Avenue, S.W. and a portion of 6`'' Street, S.W., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 18, 2009, pursuant to § 15.2 - 201.1, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed encroachment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to permit the continuance of the existing encroachments from the property located at 551 Marshall Avenue, S.W., designated as Roanoke Tax Map No. 1113517, caused by patios and fences that encroach into the public right -of -way of a portion of Marshall Avenue, S.W., at variable distances ranging from 2.22 feet to 2.37 feet, with a height that varies from 3 feet to 4 feet, 1.5 inches, and that encro ach into the public right -o f -way o f 6"' Street, S.W., at variable distances ranging from 2.46 feet to 4.07 feet, with a height from 3 feet, 8.5 inches to 3 feet, 4.5 inches, as more particularly set forth in the City Manager's letter to this Council dated May 18, 2009. 2. It shall be agreed by the undersigned property owner that, in maintaining such encroachments, the property owner and his grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above- described encroachments. 3. The property owners, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than one million dollars of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days ofpassage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this ordinance to the property owner of 551 Marshall Avenue, LLC, at P. O. Box 8494, Roanoke, Virginia 24014. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owner, has been admitted to record, at the cost of the property owner, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. If the property owner does not meet the complete requirements stated herein within ninety days from the date of this ordinance, the authorization granted by this ordinance shall be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Clerk. The undersigned, the owner of 551 Marshall Avenue, S.W., Roanoke, Virginia, and designated as Roanoke Tax Map No. 1113517, hereby acknowledge that he has read and understand the terms and conditions stated above and agree to comply with those provisions. 551 MARSHALL AVENUE, LLC COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, a Notary Public in and for the State and City aforesaid, do certify that the .foregoing instrument was acknowledged before me this day of 2009, by ,the My Commission expires: KADavid \Council Work \O - Encroachment Fork in the City 5- 18- 09.doc of 551 Marshall Avenue, L.L.C. Notary Public Registration No. May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Encroachments into Public Right -of -Way for Patios and Fences at 551 Marshall Avenue, SW and along a Portion of 6th Street, SW Background: 551 Marshall Avenue, LLC., the owner of 551 Marshall Avenue, has constructed two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant. The patios and fences encroach at variable distances ranging from 2.46 feet and 4.07 feet into the right -of -way of 6th Street, SW, and variable distances ranging from 2.22 feet and 2.37 feet into the right -of -way of Marshall Ave., S.W. The height of the encroaching patios and fences vary along the 6th Street right -of -way between 3 feet 8.5 inches and 3 feet 4.5 inches, and along the Marshall Avenue right -of -way from 3 feet to 4 feet 1.5 inches. The total area of encroachment along the 6th Street, SW right -of -way is 119.04 square feet and the total area of encroachment along the Marshall Avenue, SW right -of -way is 100.76 square feet. Please see the attached plat marked as Exhibit A. The property owner seeks authorization to allow the continuance of this existing encroachment. The property owner has obtained the required insurance and provided the City with copies of its insurance certificates. A copy of the insurance certificate is attached as Exhibit B. The owner has 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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Encroachments into Public Right -of -Way for Patios and Fences at 551 Marshall Avenue, SW and along a Portion of 6th Street, SW Background: 551 Marshall Avenue, LLC., the owner of 551 Marshall Avenue, has constructed two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant. The patios and fences encroach at variable distances ranging from 2.46 feet and 4.07 feet into the right -of -way of 6th Street, SW, and variable distances ranging from 2.22 feet and 2.37 feet into the right -of -way of Marshall Ave., S.W. The height of the encroaching patios and fences vary along the 6th Street right -of -way between 3 feet 8.5 inches and 3 feet 4.5 inches, and along the Marshall Avenue right -of -way from 3 feet to 4 feet 1.5 inches. The total area of encroachment along the 6th Street, SW right -of -way is 119.04 square feet and the total area of encroachment along the Marshall Avenue, SW right -of -way is 100.76 square feet. Please see the attached plat marked as Exhibit A. The property owner seeks authorization to allow the continuance of this existing encroachment. The property owner has obtained the required insurance and provided the City with copies of its insurance certificates. A copy of the insurance certificate is attached as Exhibit B. The owner has Honorable Mayor and Members of City Council May 18, 2009 Page 2 also agreed to indemnify the City against any claims arising from the encroachment. Recommended Action: Adopt the attached ordinance authorizing the encroachments described above, subject to the terms and conditions set out in the ordinance. Respectfully submit ed, Darlene L..Burc am City Manager DLB /clt 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 Management and Budget Cassandra L. Turner, Economic Development Specialist CM09 -00082 �y FM,VAA1D RARER MAP` MOT (RIW OVFRfAD 7FJFPHONN£ P.1G �e TAV ' LO } 010 'i 1.83'(FNCROACHMfNTI},•_ '•...'` j a9' rA . 051 MARSHALL AVE, &W. M EVS17MG f STORY BLACK m. &UNG En • c AfC I ENLSW Rm POY —� I BEARS FROM Cmvo? S 48'4139' IY, 270' LEGEND R1'w &X Q.T4 conib 0_ B. a &STWG ORftt NOL£ MAP BOOK C-O BEARS FROM CORNER AO ACRES S 883607- W 1.28' 502', SQUARE FEET 1.80' (B/W TO R141 F-G I N 8373'2x1' W I ENLSW Rm POY —� I BEARS FROM Cmvo? S 48'4139' IY, 270' y.. V �J OWNWAO ELECTRIC_! k 7E1MIOE El nw om PAI POLE MRS FROM CORNER S 837230' & (L95' MARSHALL AVENUE, S.W. (50' R/W) 20' 0 20' OFFTCIAt C/IY MfYrUMENT sLTH p �� SC$: 1° 20' ENCROACHMENT AREA TABLE LEGEND R1'w RIGHT OF WAY &X E)05711VC I 0_ B. MS& IIL& MAP BOOK C-O PAGE AO ACRES &F. SQUARE FEET y.. V �J OWNWAO ELECTRIC_! k 7E1MIOE El nw om PAI POLE MRS FROM CORNER S 837230' & (L95' MARSHALL AVENUE, S.W. (50' R/W) 20' 0 20' OFFTCIAt C/IY MfYrUMENT sLTH p �� SC$: 1° 20' ENCROACHMENT AREA TABLE !TINE . SEARNG DISTANCE A -B SOB W 922' N. - ir:W: 'aly, C-O N 03.7Wr E z D-A ':E S GSWW W A,A92' . X419' E-F F-G I N 8373'2x1' W 246' G-H N 0432' 3552' WE I S 837230' E. 4,07, TIMOTHY HoFULE Lic. No. 001754 ENCROACHMENT EXHIBIT FIVE FIFTY ONE MARSHALL AVENUE; LLC BEING LOT 12 .(0.108 AC.) SECTION 1 MAP OF Lis"iilS ADDITION ROANOKE CITY TAX X1113517 051 MARSHALL AVE., S.W. CITY OF ROAIITOAZ. VIRGINIA '4ATE� April'22., 2009 LUMSDEN ASSOCIATES, P.C: scam ENGINEERS- SURVEYORS- PLANNER,$ 1• =20' Comik NO_ ROANOKE; VIRGINIA 08_1 4664.BRAMMYON AVENUE PHONE: (540) 774.4411 P +O. BOX 20669 FAX: (540) 772 -9445 ROANOKE. VIRGINIA 24018 E -AWL: MAIL @WWDENPC,COM w��a�a:+moa�aooe oe�e3 ���oeissano�.aw. Apr 21 21 10:49a Erie 0 Insurance° Loo Frio vanmco Thos •r;de.M 16wo CERTIFICATE OF INSURANCE —THIS CER71FICM IS ISSUED ASA MATTER OF INFORMATION ONLY — PA OATEttIIMMM 4121/09 MMEAMADDRMOFA CYROANOKE INSURANCE AGENCY, INC. AO WS DD2392 2223 CRYSTAL SPRING AVE SW ROAI410KE. VA 14014 -2416 rASUAUY CON Co � E FFit1E 1 P RAN E the InIt Co„ orney -in-Fact (540 )985 -6554 This CerUlcate is' for inform�atron Puurposess ony. Ilt does not list, amend, extend, or otherwise after the terms and conditions of insurance coverage contained in the Policypes) indicated below issued by ERIE. The terms and conditions of the POliey(les) govern the insurance coverage as applied to any given situation. Any party can request a policy and/or ueclaratlon by asking the Insured or the Agent. Limits shown may have been reduced by claims Paid. '15'511C eFBJSUR® - rbhal) Avenue, LLC P. O. Box 586 Roanoke, VA 24004 This Is to Certlfythat PolleilS. as Mated by the PONCY NlutnM tfeiew are in force for the Named ltisured at the time fliat the ficaate is being issued. T9PEBFOISeRANfa -- ;— — - i!et1GYkRaAB9i IaAOIYYt GENERAL UMIL17Y r Oatd6�fILYAlsENEAALIIAeum Q23 0400504 1,4109 114/10 CLAIMS MADE ®OCtA1R ❑ _- -. - --- .._ -._ FACHOCCIJRRENCE -15_- LIMITS E ® -1,000.000 11000,000 i S 5.000 S 1,000,000 FIREMIUE OWRrai$ MED EXP any ona P PEIMML &AW IJRY GENEIRALAGORM7E 2,000,000 PRODUCTS- C0MP /GPAOG:$ GEKAGGRWtELMrrAPPLIESPER, X Policy ❑ FftojWr LOC 2.000,000 ❑ AUTOMOBILE LIABILITY 'AN WO- NOPI RIREa, BODIYwJUM (B CH PERSO ❑ OMYE77 (EACIUCCIDEN1) i$ ❑ Hlltfti PROPEETNOArm is ❑ NOP60 E ❑ GARAGE .. BODILYINawma PR Cg11BIN® GE - iS EXCSS LIABILITY EACH=1mRENCE S AGGREGATE $ OCCURRENCE $ $ DiEM ®N S WORIMRS'COMPENSMOn & SFAnMV BODILY ACCIDEW S EACRACCIOENT INJURY, DIS64M $ POMIrIaT EMPLMRS LIABILITY By MSEASE S ISACN8RPLOYEE 01HER DESCRIPTIONOFOPERAn0I9 /LOCpnOMSNEFBCLUI-O NSADKDBYMORSEMMISPMCkLMMSIOM Additional Insured / State or Political Subdivisions - Permits CANCELM IIIN ruts nNUIY- rAialP.R I, CAUSE OR NANIED INISIM 113 REQtI Sr, When an automobile Perry is cancelled, written notice 'Affil be mailed to the CenlTioate Holder. When any of the above described policies (other than automobile) are cancelled before the expiration data thereof, ERIE will endeavor to mail written notice to the Certifcats Holderafterthe decislort to cancel. Failure to mail such notice shall impose no obligation or liability of any kind upon ERIE, its Agents or representatives. Q CANCE=1011 FOR SPECIAL CONTRAM Of the box is checked, this Cedifivate invoices a special conbu4 and the following cancellation pratdsions apply) When an automobile policy is cancelled written rlotioe will be nailed to the Certificate Holder. When any of the above described policies (other ffm automobile) are cancelled before fie expiration date thereof, M will endeavor to mail 30 days written notice to the Certificate Harder after the decision to cancel Failure tD mat such notice shall impose no obligation or liability of any kind upon ENE, its Agents or representatives. City of Roanoke 215 Churcb Avenue, SW Room 170 Roanoke, VA 24011 It your firm is a Certificate Holder for 0th insured, Certlficates of Imurarice for these be fon+varded to you as soon as thav are I pofi es IVill Page 1 of 2 MEASUREMENT CHART FOR ENCROACHMENTS Points on Lumsden Survey C B G H Height of Encroachment Level with Sidewalk 13.5 inches 8.5 inches 4.5 inches A three foot fence is situated on the edge of the patios along Marshall Avenue and 6`h Street. The total square footage of the encroachment on the right of way on the Marshall Avenue side of the property is 100.76 sq. ft. The total square footage of the encroachment on the right of way on the 6t' Street side of the property is 119.04 sq. ft. {11588 \18 \00005001.DOC;1 } The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- OFFICE OF ECONOMIC 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11414271 State of Virginia City of Roanoke DEVELOPMENT NPH- Encroachment at 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 Pa. Sworn and subscribed before me this day of May 2009. Witness my hand and official seal. __ Notary Public My commissio exp s 1�•� —��_. NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 -2011, 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 Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th floor, in the Noel C'. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to' consider the following: Request from Five Fifty One Marshall Avenue LLC, thel property owners of 551 Marshall Avenue, S.W.,I bearing Official Tax Map No.l 1113517, to allow the) j continuance of an existing encroachment caused by the construction of two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant.atthe' above property, that' encroach into the public right -of -way of a portion of.� Marshall Avenue, S.W. and a portion of 6th Street, S.W. All parties in interest and citizens may appear on thel above date and be'heard! and express their opinions on the matter. If you area person with a' disability who needs) I I ,ac,�omm�— odathons for this, (hearing, please contact the City Clerk's Office, at (540) 853 -2541, before 12:00, noon on Thursday, May 14„ 2009. GIVEN under my hand this I J 6th day of May, 2009. Stephanie M. Moon, CMC r City Clerk. (11414271) oo PUBLISHED ON: 05/08 Qe•' NOTARY'-q PUBLIC 2 #7090930 o ' MY COMMISSION ', TOTAL COST: 187.20 '",,TeALTH OF�\�`��,, FILED ON: 05/08/09 / / / / ►rttttt��� -------------------------------------------------- +------------------ - - - - -- Authorized Signature:_ _ _ Billing Services Representative NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 -2011, 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 Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Five Fifty One Marshall Avenue LLC, the property owners of,551 Marshall Avenue, S.W., bearing Official Tax Map No. 1113517, to allow the continuance of an existing encroachment caused by the construction of two outdoor patios and fences for outdoor dining at the Fork in the City Restaurant at the above property, that encroach into the public right -of -way of a portion of Marshall Avenue, S.W. and a portion of 6th Street, S.W. All parties in interest and citizens may appear on the above date and be heard and, express their opinions 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 (540) 853 -2541, before 12:00 noon on Thursday, May 14, 2009. GIVEN under my hand this 6th day of May , 2009. K:\David \Council WorkTH Fork in the City Restaurant. 5 -18 -09.doc Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, May 8, 2009. 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: Sandra Turner Economic Development Specialist 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853 -2715 �� is I2Ci.1 �G STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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. May 19, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38466- 051809 authorizing the City Manager to execute a lease agreement between George Krapf, Jr. & Sons, Inc., the City of Roanoke, Virginia, and the School Board of the City of Roanoke, Virginia, for Krapf to lease a portion of Tax Map Parcel No. 6610101, containing approximately 632,638 square feet of space, known generally as the School Transportation Facility, commencing July 1, 2009, and continuing for a five -year term, through June 30, 2014. The above - referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 18, 2009, and is in full force and effect upon its passage. Sincerely, Q� �- -'-'n - Z� Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Cassandra L. Turner, Economic Development Specialist �5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 2009. No. 38466- 051809. AN ORDINANCE authorizing the City Manager to execute a lease agreement between George Krapf, Jr. & Sons, Inc. ( "Krapf'), the City of Roanoke, Virginia, and the School Board of the City of Roanoke, Virginia, for Krapf to lease a portion of Tax Map Parcel No 6610101, containing approximately 632,638 square feet of space, known generally as the School Transportation Facility, commencing July 1, 2009, and continuing for a five year term, through June 30, 2014; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 18, 2009, pursuant to § §15.2- 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, a lease agreement between Krapf, the City of Roanoke, Virginia and the School Board of the City of Roanoke, Virginia, for Krapf to lease a portion of Tax Map Parcel No. 6610101, containing approximately 632,638 square feet, known generally as the School Transportation Facility, and located at 5401 Barns Avenue,: N.W., Roanoke, Virginia, to be used by Krapf to provide transportation services for the school division, commencing July 1, 2009, and continuing for a five year term, through June 30, 2014, at an initial rate of $60,000 per year, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated May 18, 2009. 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: �,. � f, � City Clerk K: \Tim\measures \o -lease school transportation facility 5- 18- 09doc.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 May 18, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Lease for a Portion of Tax Parcel No. 6610101, known generally as the Transportation Facility for the Roanoke City Public Schools Background: The School Board of the City of Roanoke currently operates its transportation services from a facility located on City owned property located at 5401 Barns Avenue NW, adjacent to the Roanoke Regional Airport. The School Board recently approved an agreement with George Krapf, Jr. & Sons, Inc., a Pennsylvania corporation, for the privatization of the school division's transportation services effective July 1, 2009. As a component of the transportation services agreement, George Krapf, Jr. & Sons, Inc. will continue to operate the school division's transportation services from the City owned facility. The School Board of the City of Roanoke and George Krapf, Jr. & Sons, Inc. have requested a lease for portion of Tax parcel No. 6610101 located at 5401 Barns Avenue NW, adjacent to the Roanoke Regional Airport and known generally as the School Transportation Facility and containing approximately 632,638 square feet. The lease will commence July 1, 2009 and continue for a five year term through June 30, 2014. The proposed initial rental rate is $60,000 per year to be paid by George Krapf, Jr. & Sons, Inc. directly to the School Board of the City of Roanoke. In the lease agreement, the City retains all rights of ingress and egress to access the City's new Police Academy. The City will also have utilization of the parking lot adjacent to the School Honorable Mayor and Members of City Council May 18, 2009 Page 2 Transportation Facility as overflow parking for the Police Academy. A public hearing is required to consider this lease term and rate. Recommended Action: Authorize the City Manager to execute a lease agreement with George Krapf, Jr. & Sons, Inc. for a portion of Tax Parcel No. 6610101 located at Barns Avenue, NW, consisting of 632,638 square feet, more or less, and known generally as the Transportation Facility for the Roanoke City Public Schools, at an initial rental rate of $60,000 per year, commencing July 1, 2009, and continuing for a five year term through June 30, 2014, and to execute such other documents as required. Respectfully submit ed, Darlene L. Burc am City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance. R. Brian Townsend, Assistant.City Manager for Community Development Cassandra L. Turner, Economic Development Specialist CM09 -00085 LEASE AND USE AGREEMENT THIS LEASE AND USE AGREEMENT ( "Lease Agreement ") is made and entered into as of 2009 ( "Commencement Date ") by and between the CITY OF ROANOKE, VIRGINIA, a Virginia Municipal Corporation ( "Lessor" or "City"); GEORGE KRAPF, JR. & SONS, INC., a Pennsylvania corporation, ( "Lessee ") and THE SCHOOL BOARD OF THE CITY OF ROANOKE, a political subdivision of the Commonwealth of Virginia, commonly known as Roanoke City Public Schools ( "RCPS "), WITNESSETH: WHEREAS, the City owns certain parcel of land located in the City of Roanoke, Virginia, designated as Roanoke City Tax Map No. 6610101, (hereinafter "Transportation Facility"); WHEREAS, RCPS formerly used the Transportation Facility as a bus garage and office but now desires to have Lessee use the Transportation Facility for and on behalf of RCPS and for similar purposes, and WHEREAS, Lessee desires to lease a portion of Official Tax Map No. 6610101 from Lessor so that Lessee can operate and manage transportation services for and on behalf of RCPS and for similar purposes, and WHEREAS, the City desires to lease the School Division's Transportation Facility to Lessee, subject to the terms and conditions stated in this Lease Agreement, and. WHEREAS, RCPS desires to continue to insure the Transportation Facility building and fixtures for the benefit of Lessee subject to the terms and conditions stated in this Lease Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises, the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are expressly acknowledged, the parties, each intending to be legally bound, do hereby mutually agree as follows: Section 1. Leased Premises. Subject to the terms and conditions of this Lease Agreement, Lessor hereby leases to Lessee, and Lessee leases from Lessor, the City owned property described as: A portion of that certain lot, parcel and piece of real property lying and being in the City of Roanoke, known as Official Tax Map No. 6610101, consisting of approximately 632,638 square feet, more or less, and shown on the attached GIS photograph as Parcel A, which GIS photograph is incorporated herein and made a part of this Lease as attached Exhibit A, located at 5401 Barns Avenue NW, adjacent to the Roanoke Regional Airport and known generally as the School Transportation Facility, together with all buildings and appurtenances thereto belonging, or in anyways appertaining thereto ( "Transportation Facility"). The City expressly retains all rights of ingress and egress, including, but not limited to, for the purposes of providing access to construction vehicles and equipment, through its drive way from Barns Avenue NW in order to access the City's proposed Police Academy which is to be constructed Page 1 of 10 adjacent to the existing Transportation Facility on Parcel B. The City further retains all rights to use the existing parking lot of the Transportation Facility as overflow parking for the proposed Police Academy. Further, RCPS shall select and retain the use of two offices to house RCPS's transportation personnel assigned to manage the Transportation Services Agreement dated April 8, 2009. Section 2. Term and Renewal. The initial term of this Lease shall be for five (5) years, commencing on July 1, 2009, and expiring on June 31, 2014. Both the Lessor and the Lessee shall have the right, without penalty or incurring any liability or damages to the other party, to terminate this Lease subject to the provisions of Section 12 of this Lease. Signing of Transportation Service Agreement (TSA) is Condition Precedent. The parties agree that the mutual acceptance and signing of the TSA on or about April 8, 2009 by both parties is a condition precedent to this agreement. Section 3. Rent. As consideration for this Lease Agreement, Lesseee shall pay to RCPS rent in the amount of Sixty Thousand and No /100 Dollars ($60 000) per annum for the initial term of the Lease, to be paid in equal monthly installments in the amount of Five Thousand and No /100 Dollars ($5,000), which rent shall be due and payable on the first day of each month and paid to RCPS at 40 Douglas Avenue, NW, Roanoke, Virginia 24012. Such rental payments shall entitle Lessee to the quiet enjoyment of the Transportation Facility and the use of all office furniture located at the Transportation Facility at the beginning of the lease term. The amount of rent to be paid by Lessee each additional year of the lease term shall be as follows: The rental rate for the initial term of this Lease Agreement shall increase as follows: Fiscal Year (July 1 through June 301 Rate Increase 2010 -11 3.0% 2011 -12 3.3% 2012 -13 3.6% 2013 -14 3.95% If any rent is not paid within fifteen (15) days after its due date, then Lessee will pay a late charge equal to five percent (5 %) of the monthly payment. Section 4. Taxes and Other Charges. Page 2 of 10 In addition to payment of the rent as set forth above, Lessee shall timely pay all applicable real estate or leasehold taxes, sales taxes, telecommunications taxes, utilities taxes, or any other taxes or charges in connection with this Lease or facilities provided by the Lessee or that the Lessee may be required by law or regulations to collect and pay and as outlined in attached Exhibit B. Any applicable real estate or leasehold taxes shall be determined by City's Real Estate Assessor and Lessor will provide appropriate notice and documentation of such taxes to Lessee ifAssessor does not provide such notice directly to Lessee. Iftaxes or charges described in this section include assessments or charges for shared property or services, Lessee shall only be responsible for it's proportionate share (Parcel A) as outlined and described in this agreement and in Exhibit A. Section 5. Governmental Approval Contingency. (a) Lessee Application. Lessee's right to use the Leased Premises is contingent upon Lessee obtaining all certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority ( "Governmental Approval "), for Lessee's use to take place at the Leased Premises. Lessor agrees to reasonably cooperate with Lessee (at no cost to Lessor) in its efforts to obtain such approvals, except that Lessor's agreement to cooperate shall not in any way limit or interfere with the authority or discretion of any regulatory agency, governmental body or authority, affiliated with Lessor, or of any employee, agent, or official of Lessor in the conduct of their responsibility, authority, jurisdiction or decision making with respect to any such Governmental Approval. (b)Non- approval. If any application necessary under Subsection 5(a) above is finally rejected, or if any certificate, permit, license, or other Governmental Approval issued to Lessee is denied, canceled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority so that Lessee, in its sole discretion, will be unable to use the Leased Premises for Lessee's intended purpose, Lesseee shall have the right to terminate this Lease. Upon such termination, the parties shall have no further obligations to each other. Section 6. Lessee's Use. (a)PuMose. Lesseee shall use the Transportation Facility in order to conduct and operate the transportation services for RCPS as set forth in a Transportation Service Agreement between Lessee and RCPS dated April 8, 2009. The parties further understand and agree that in addition to the transportation services provided to RCPS, Lessee will also offer transportation services to third parties, such as parents and relatives of RCPS students. Lessee shall use the Transportation Facility in compliance with all applicable ordinances, statutes and regulations of local, state and federal governmental agencies. In connection with the foregoing, Lessor hereby grants Lesseee a right of entry to operate, use and maintain the Transportation Facility in accordance with the terms of this Lease Agreement. (b)Operation. Lessee shall, at its sole cost and expense, operate and maintain the Transportation Facility in accordance with the provisions of Section 7 of this Lease Agreement. (c) Maintenance and Improvement Expenses. Lessor provides the building to Lessee complete and in all ways fit for use as a bus garage with related offices. All modifications to the Transportation Facility, and/or all improvements to RCPS's property or the Transportation Facility during the term of this lease shall be at Lessee's expense and such improvements shall be maintained in a good state of repair by Lesseee at Lessee's sole expense. Lessee shall make no improvements to the Leased Premises without the prior approval of Page 3 of 10 Lessor. Lessor and /or RCPS shall have no responsibility to maintain or repair the Transportation Facility other than to restore the building and fixtures if it sustains significant sudden and accidental damage of the type normally covered by all risk property insurance. Except in the event of an emergency, Lesseee shall provide written notice to Lessor not less than three (3) business days before commencing any maintenance or other construction on the Transportation Facility. All improvements made to the Leased Premises become the property of Lessor at the end of the term at no cost to Lessor. (d) Security. Lessee acknowledges and agrees to secure the building and the bus storage area of the Transportation Facility at its own expense in order to prevent unauthorized persons from accessing the Transportation Facility. (i) Utilities. Lessee shall be responsible for the payment of any and all utilities necessary to serve the Transportation Facility at Lessee's sole expense. Lessee shall separately meter all utilities associated with its use of the Transportation Facility and shall promptly pay all costs for such utility services and separate meter at its expense. (ii) Sublease of Leased Premised by Additional Users. Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Transportation Facility or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, except for the assignment of this Lease Agreement to a wholly owned Virginia subsidiary of Lessee. In the event of an assignment to a wholly owned Virginia subsidiary of Lessee, the Lessee shall remain obligated as guarantor for the performance of the Virginia subsidiary in satisfying and performing all obligations under this Lease Agreement. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise.this Lease Agreement, the Transportation Facility, or any rights Lessee is authorized to exercise hereunder without the prior written consent of the Lessor shall result in the automatic termination of this Lease Agreement. Section.7. Maintenance of Property. Lessor as owner and RCPS as insurer shall have no responsibility whatsoever for routine repairs or maintenance to the Transportation Facility but Lessor as owner and RCPS and insurer shall be responsible for any major repairs to the building, roof or mechanical systems of the Transportation Facility as described in sections 6 and 11 of this document. Lessee shall be responsible for the routine maintenance and repair to the Transportation Facility; including, but not limited to, providing all cleaning and janitorial services, the maintenance of the grounds and landscaping; all plumbing and electrical services and the maintenance and repair of all paved surfaces located on the Transportation Facility. If a major repair or maintenance should be necessary, Lessee agrees to notify RCPS within ten (10) days ofthe nature of the repairs so that RCPS may coordinate such repairs to the Transportation Facility with Lessee. Section 8. Indemnification. Lessee agrees and binds itself to indemnify, keep and hold the City and RCPS, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Lesseee, including but not limited to: (1) Lessee's use of the Transportation Facility or other areas of the City in connection with this Lease Agreement; (2) any construction, reconstruction, operation, maintenance or repair of Transportation Facility; (3) the Lessee's exercise of any right or privilege granted by or under this Lease Agreement, including any sublease, (4) the failure, refusal or neglect of Lessee or sub lessee of Lessee to perform any duty imposed Page 4 of 10 upon or assumed by Lesseee by or under this Lease Agreement, or (5) any claim made against the City or RCPS made or arising out of any action by any sublesee of Lessee. In the event that any suit or proceeding shall be brought against the City or RCPS at law or in equity, either independently or jointly with Lessee or sub lessee on account of anything set forth above, Lessee, upon notice given to it by City or RCPS, will defend the City and /or RCPS in any such action or other proceeding, at the cost ofthe Lessee; and in the event ofany settlement or final judgment being awarded against the City or RCPS, either independently or jointly with Lessee, then Lessee will pay any such settlement or judgment or will comply with such decree, pay all reasonable costs and expenses of whatsoever nature and hold the City and /or RCPS, its officers, agents, employees and volunteers harmless therefrom. But Lessee shall not be required to indemnify Lessor for Lessor's sole negligence and shall not be required to indemnify third parties to this agreement. Section 9. Hazardous Materials. Lessor provides the real property and building to Lessee complete and in all ways fit for use as a bus garage with related offices. Lessee shall rely upon the level I environmental audit to be conducted by Lessee at Lessee's sole expense that the property is now free from the presence of uncontrolled hazardous substances, materials, or wastes. Lessor agrees that Lessee shall not be responsible for the cost of the removal, cleanup, abatement, or remediation of any hazardous substances, materials, or wastes at the Transportation Facility occurring prior to the date of this lease. While on or near the Transportation Facility or in its performance pursuant to this Lease Agreement, Lessee shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work as contemplated under this Lease Agreement and the Transportation Services Agreement dated April 8, 2009 between Lessee and RCPS. In any event, Lessee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence, Lessee shall indemnify and hold City and RCPS, its officers, agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from Lessee's violation of this paragraph and agrees to reimburse City and /or RCPS for all costs and expenses incurred by City and /or RCPS in eliminating or remedying such violations. Lessee also agrees to reimburse City and RCPS and to hold City and RCPS, its officers, agents, employees and volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments incurred by or obtained against any of them as a result of Lessee's use or release of any hazardous material, substance or waste onto the ground or otherwise, or into the water or air from, near or upon City's premises. Section 10. Insurance. (a)Requirement of insurance. Lessor owns the building and RCPS maintains the primary all risk insurance policy covering the building and fixtures at the Transportation Facility. RCPS will provide a certificate of insurance to Lessee evidencing such insurance protection. Lessee shall, at its expense, obtain and maintain during the life of the Lease all other insurance required by this Lease Agreement. Any other required insurance shall be effective prior to the beginning of any work by Lessee within the City. (b) Commercial General Liability. Lessee shall maintain during the life of the Lease Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Lease. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence and $5,000,000 aggregate. Page 5 of 10 (c) Contractual Liabilitv. Lessee shall maintain during the life of its Lease broad form Contractual Liability insurance including the indemnification obligation set forth in this Lease if it is not included in the Commercial General Liability insurance coverage in (b) above. (d)Workers' Compensation. Lessee shall maintain during the life of the Lease Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Lease. Minimum limits of liability for Employer's Liability shall be $ 100,000 bodily injury each occurrence; $500,000 bodily injury by disease (Policy limit); and $100,000 bodily injury by disease (each employee). With respect to Worker's Compensation and Employer's Liability coverage, the Lessee, Lessor, and RCPS each waive their rights of subrogation against each other and their insurers, officers, employees, agents, and volunteers. (e)Automobile Liability. Lessee shall maintain during the life of this Lease Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its Lease. (f) Umbrella Coverage. The insurance overages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $5,000,000. Should an umbrella liability insurance coverage Policybe used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the overages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City. (g) Evidence of Insurance. All insurance shall meet the following requirements: (1) The Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The City shall be notified of any deductible greater than 10% of the policy limit and such deductible shall be subject to approval of the City, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to pre - funded /fully- funded deductible programs upon proper documentation acceptable to the City ofRoanoke's Risk Manager. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, employees and volunteers as additional insureds in connection with this Lease. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease shall be authorized to do business in the Commonwealth of Virginia. Page 6 of 10 (h) Waiver of Subrogation. Lessor and Lessee waive all rights against each other and any of its subcontractors, agents and employees, of each of the other, for damages caused by fire or other perils to the extent covered by any policy of property insurance and /or program of self insurance, except such rights as either may have to proceeds directly as an insured. This waiver of subrogation, shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Section 11. DamaEe or Destruction. If the Transportation Facility is destroyed, damaged, or otherwise compromised or inhibited so as to, in Lessee's judgment, substantially impair Lessee's effective use ofthe Transportation Facility, Lessee may either terminate this Lease upon 30 days' written notice to Lessor, which notice must be given within thirty (30) days of the date of such destruction or damage, or receive a partial/temporary abatement ofmonthly rent as agreed to by the parties. If Lessee terminates this Lease Agreement, as described herein, Lessee shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of termination. Section 12. Lease Termination. (a)Events of Termination. Except as may otherwise be provided in this Lease Agreement, this Lease Agreement may be terminated by either party upon ninety (90) days written notice to the other party as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default (without, however, limiting any other rights of the parties pursuant to any other provisions herein); (2) by Lessor, if Lessor determines that Lessee has failed to comply with applicable ordinances, or state or federal law, or any conditions of any of the Government Approvals. Such failure shall be a default of Lessee's obligations under the terms of this Lease Agreement. However, Lessee shall have thirty (30) days from the date of any notice to correct such default; (b) Notice of Termination. The parties shall give notice of termination in writing. Lessee shall be liable to Lessor for all rent, additional consideration and taxes under this Lease Agreement for the period of this Lease Agreement prior to said termination date. Section 13. Condemnation. In the event the whole of the Transportation Facility is taken by eminent domain, this Lease Agreement shall terminate as of the date title to the Transportation Facility vests in the condemning authority. If a portion of the Transportation Facility is taken by eminent domain, either party shall have the right to terminate this Lease Agreement as of the date oftransfer of title, by giving thirty (3 0) days' written notice to the other party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to any portion of Page 7 of 10 the award paid for the taking and Lessor shall receive the full amount of such award. Lessee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the Transportation Facility, shall belong to Lessor, Lesseee shall have the right to claim and recover from the condemning authority, but not from Lessor acting as Lessor, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lesseee in removing its equipment and personal property. Section 14. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: If to Lessor, to: City of Roanoke City Manager 364 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 If to Lessee, to: Blake Krapf, President George Krapf Jr. and Sons, Inc. 1030 Andrew Drive, West Chester Pa. 19380 Facsimile No. (610) 594 -5012 If to RCPS, to: Dr. Rita D. Bishop, Superintendent Roanoke City Public Schools, 40 Douglass Ave., NW, Roanoke Va. 24012 Facsimile No. (540) 853 -2951 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, the day after delivery to a nationally recognized overnight courier, or upon the date of confirmation of a facsimile transmission. Section 15. Miscellaneous. (a) No Broker If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker and shall hold the other party harmless from any claims for any commission by such broker. (b) Cooperation. Each party to this Lease Agreement agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Lease Agreement. Page 8 of 10 (c) Severability If any term of this Lease Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties intend that the provisions of this Lease be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (d)Authority The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their representative capacities as indicated. (e) Counterparts Allowed This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (f) Compliance with laws. Lessee shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations. (g) Successors The terms, conditions, provisions and undertakings of this Lease shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (h) Cautions The paragraph Captions and Headings in this Lease are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. (i) No Discrimination . Lessee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. (j) Governing Law. By virtue of entering into this Lease, Lessee agrees and 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 or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. (k) Waiver. Lessee agrees that the Lessor's waiver or failure to enforce or require performance of any term or condition of this Lease or the Lessor's waiver of any particular breach ofthis Lease by the Lessee extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Lease or a waiver of any other breaches of the Lease by the Lessee and does not bar the Lessor from requiring the Lessee to comply with all the terms and conditions of the Lease and does not bar the Lessor from asserting any and all rights and /or remedies it has or might have against the Lessee under this Lease or by law. (1) Entire Agreement. This Lease Agreement constitutes the entire agreement and understanding ofthe parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. Lessee acknowledges that it has reviewed and understands the terms of this Lease and participated in its drafting. Lessee agrees that in the event of any dispute it will not rely on any defense that any ambiguity should be construed against the drafter. Page 9 of 10 IN WITNESS WHEREOF, the parties have executed this Lease by the following signatures. ATTEST: LESSOR: CITY OF ROANOKE, VIRGINIA City Clerk BY: Witness: LESSEE: By Printed Name Approved as to Form: City Attorney Approved as to Execution City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance GEORGE KRAPF, JR. & SONS, INC., Title SCHOOL BOARD OF THE CITY OF ROANOKE IMINN Attest: Page 10 of 10 Superintendent Board Clerk The Roanoke Times Roanoke,_Virginia Affidavit of Publication The Roanoke Times ---------------------------------- ---------------- +---- - - - - -- - -- ROANOKE CITY SCHOOL BOARD P.O. BOX 13145 ROANOKE VA 24031 REFERENCE: 80156684 11414291 State of Virginia City of Roanoke NPH- Transportation F 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 inia. Sworn and subscribed before me this _ �1_day of May 2009. Witness my hand and official seal. _ _nA _____ Notary Public My commissio expi V4aL_V1___ PUBLISHED ON: 05/08 ``11111111► /// • i QP. 'NOTARY .; 9� PUBLIC ' * : REG. #7090930 MY COMMISSION PIRE "Y � NOTICE OF PUBLIC HEARING The City of Roanoke, Virginia and the School Board of the City of Roanoke proposes to lease a port ion of Tax Map Parcel No. 6610101, containing approximately 632,638 square feet, more or less, known generally as they School Transportations Facility and located at 54011 Barns Avenue, N.W., Roanoke, Virginia, to George Krapf, Jr. & Sons, Inc.,, j commencing July 1, 2009, and continuing for a five year term, through June 30, 2014, at a proposed Initial rate of $60,000 per year paid by George Krapf„ Jr. & Sons, Inc., directly to the School Board of the City of i Roanoke. The School Board ,recently approved an ;agreement with George Krapf, Jr. & Sons, Inc. for the .privatization of the school division's transportation services. George Krapf, Jr. & Sons, Inc. will continue to ,'provide transportation services to the School Board ;from the City owned facility, if approved by Council. Pursuant to the iraq.uIrements of i § §15.2- 1800(B) and 1$13, 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, May 18, 2009, ommencing 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, May 14, 2009. GIVEN under my hand this 6th day of May, 2009. STEPHANIE M. MOON, CIVIC City Clerk TOTAL COST: 249.60 10/1 FALTH� ��� I ,,(11414291) FILED ON: 05/08/09 "filiaoll` -------------------------------------------- - - - - -- '' V, Authorized Signature:_ _ 77t96 _`, Billing Services Representative 6-1 NOTICE OF PUBLIC HEARING The City of Roanoke, Virginia and the School Board of the City of Roanoke proposes to lease a portion of Tax Map Parcel No. 6610101, containing approximately 632,638 square feet, more or less, known generally as the School Transportation Facility and located at 5401 Barns Avenue, N.W., Roanoke, Virginia, to George Krapf, Jr. & Sons, Inc., commencing July 1, 2009, and continuing for a five year term, through June 30, 2014, at a proposed initial rate of $60,000 per year paid by George Krapf, Jr. & Sons, Inc., directly to the School Board of the City of Roanoke. The School Board recently approved an agreement with George Krapf, Jr. & Sons, Inc. for the privatization of the school division's transportation services. George Krapf, Jr. & Sons, Inc. will continue to provide transportation services to the School Board from the City owned facility, if approved by Council. 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, May 18, 2009, 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, May 14, 2009. GIVEN under my hand this 6th day of May , 2009. K: \Tim\measures\PH- School Transportation Facility.5- 18- 09.doc STEPHANIE M. MOON, CMC City Clerk Notice to Publisher: Publish in the Roanoke Times on Friday, May 8, 2009. 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: Curt Baker Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 (540) 853 -2381 F (540) 853 -2951 "._ . 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 May 26, 2009 Mr. Robert H. Logan, III 2222 York Road, S. W. Roanoke, Virginia 24015 Dear Mr. Logan: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 18, 2009, you were reappointed as a non - elected City representative of the Roanoke Valley Alleghany Regional Commission for three - year term ending ,June 30, 2012. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia ('1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. 'The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Mr. Robert H. Logan, III May 26, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a non - elected City representative of the Roanoke Valley Allegheny Regional Commission. Sincerely, Z�� � - D dv✓ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley - Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 .Sheila N. Hartman, CIVIC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of May 2009, ROBERT H. LOGAN, III, was reappointed as a non - elected City representative of the Roanoke Valley - Alleghany Regional Commission for three -year term ending ,June 30, 2012. Given under my hand and the Seal of the City of Roanoke this twenty- sixth day of May 2009. r � Gity Clerk irgG�tF yYi ''I 1p�5�III7�q, o oQTY CLERK''ciq t1 f (14 Am j.�1 If -14 c s. 11 e Re ,,Iona Commission b 313 Luck Avenue, SW / PO Box 2569 / Roanoke, Virginia 24010 ljC �. ■ TEL: 540.343.4417 / FAX: 540.343.4416 / www.rvare.org / rvarc @rvarc.org Commission May 4, 2009 Ms. Stephanie Moon, CIVIC Clerk, City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, Virginia 24011 Dear Ms. Moon: According to our record of appointments, the term of Rob Logan, III, non - elected representative of the City of Roanoke on the Roanoke Valley - Alleghany Regional Commission, expires June 30, 2009. The Regional Commission Bylaws state that all appointments are for three -year terms. Mr.. Logan is, of course, eligible for reappointment. Please notify the Commission of the City's official action in filling this vacancy on the Commission. Thank you. Yours truly, t Wayne G. Strickland Secretary to the Commission WGS:jlp cc: Rob Logan, III The Regional Commission serves Alleghany, Botetourt, Craig, Franklin and Roanoke counties, the /N&, cities of Covington, Roanoke and Salem, the towns of Clifton Forge, Rocky Mount and Vinton. Part Of newva