HomeMy WebLinkAboutCouncil Actions 12-21-09
LEA
38661-122109
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 21, 2009
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. . Call to Order--RolI Call. All present.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, December 24 at 7:00 p.m., and Saturday, December 26 at 4:00 p.m.
CQuncil meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
CO~NCIL 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.
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THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY
COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH
PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S
HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE 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 ATWWW.ROANOKEVA.GOV, TO OBTAIN
AN APPLICATION.
The City Manager briefed the Council on the snow removal emergency due to
the heavy snowfall on Friday, December 18 and Saturday, December 19.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Resolution naming Stanley G. Sreakell as the 2009 Citizen of the Year.
Adopted Resolution No. 38661-122109. (7-0) Presented ceremonial copy to Mr.
Breakell.
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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.
Rodney Ferguson spoke about bus service.
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 Minutes of the regular meetings of Council held on Monday, September 21,
2009 and Monday, October 5,2009.
RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and
approved as recorded.
C-2 Report of qualification of Anna Balog as a member of the Youth Services
Citizen Board for a term ending May 31, 2012.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
BID OPENINGS:
Bids to enter into a Lease Agreement with the City to lease air rights above and within the
City's Center in the Square Parking Garage. Sole bid received from 204 Jefferson
Condominium Owner's Association and referred to the City Manager for study,
report and recommendation to the Council.
Bids to enter into a Parking License Agreement with the City to obtain twenty (20)
Reserved Parking Permits for use of twenty (20) designated parking spaces in the City's
Center in the Square Parking Garage. Sole bid received from 204 Jefferson
Condominium Owner's Association and referred to the City Manager for study,
report and recommendation to the Council.
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5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of Elmwood Park Festival Producers to discuss inclusion in the
amphitheater project process. Larry Landolt, Executive Director, EventZone,
Spokesperson. (Sponsored by Mayor Bowers, Vice-Mayor Lea and Council
Member Rosen)
Request deferred until January 4, 2010 at 2:00 p.m.
b. Request of the Roanoke City Electoral Board with regard to a change of
polling place for Jefferson-Riverdale Precinct No. 007 located at 19th Street,
S. E. (Sponsored by the City Manager)
Adopted Ordinance No. 38662-122109. (7-0)
c. Presentation with regard to the design of art and location of its installation.
Susan Jennings, Arts and Culture Coordinator, Spokesperson.
Adopted Resolution No. 38663-122109. (7-0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of Western Virginia Workforce Development Board
Workforce Investment Act funds for Program Year 2009; and
appropriation of funds.
Adopted Resolution No. 38664-122109 and Budget Ordinance No.
38665-122109. (7-0)
2. Amendment of the 2005-2010 Consolidated Plan to reflect changes
related to the ongoing flood reduction activities.
Adopted Resolution No. 38666-122109. (7-0)
3. Appropriation of funds in connection with the Market Garage
Expansion and Rehabilitation Project.
Adopted Budget Ordinance No. 38667-122109. (7-0)
4. Approval of the Public Art Action Planfor 201 0; and transfer of funds.
Adopted Resolution No. 38668-122109 and Budget Ordinance No.
38669-122109. (7-0)
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COMMENTS BY CITY MANAGER.
The City Manager shared with the Council the City departments'
accomplishments for calendar year 2009. She expressed appreciation
to the Council for providing City employees with additional holiday
time off.
b. DIRECTOR OF FINANCE:
1 . Financial Report for the City of Roanoke for the month of October
2009; and Financial Report for the Roanoke City Public Schools for'
the month bf September 2009.
Received and filed.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
capital funds to various educational programs; and a report of the Director of
Finance recommending that Council concur in the request. Vivian Penn-
Timity, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38670-122109. (7-0)
b. A report of the Roanoke City School Board requesting appropriation of funds
to the Adult Basic Educational Program for 2008-2009; and a report of the
Director of Finance recommending that Council concur in the request. Vivian
Penn- Timity, Director of Accounting, Spokesperson. .
Adopted Budget Ordinance No. 38671-122109. (7-0)
c. Adopted Resolution No. 38672-122109 electing and appointing
Christopher P. Morrill as City Manager for the City of Roanoke, and
ratifying the terms and conditions of employment as City Manager
offered to Mr. Morrill. (7-0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
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11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Cutler had distributed an email to City Council
regarding a group in Washington, D. C., who had asked the City to join
the Climate Communities Campaign. He asked that the matter be
referred to the City Manager for recommendation to the Council.
Council Member Price expressed appreciation to various organizations
in the City who had demonstrated compassion for neighbors during the
snow event on December 18 and 19, 2009.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED
AT 4:00 P.M. FOR A JOINT MEETING OF COUNCIL AND THE ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY TO BE HELD IN THE EOC
CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING.
At this point, Council Member Trinkle left the meeting.
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ROANOKE CITY COUNCIL
ROANOKE REDEVELOPMENT.
AND HOUSING AUTHORITY
JOINT MEETING
DECEMBER 21, 2009
4:00 P.M.
EOC CONFERENCE ROOM
RoANOKE ~
REDEVELOPMENT
AND HOUSING
AurnORITY
Partners in Progress
ROOM 159
AGENDA
1. CALL TO ORDER--ROLL CALL: Council Member Trinkle was absent.
City Council
Roanoke Redevelopment and Housing
Authority Board of Commissioners
2. WELCOME: Mayor David A. Bowers
Daniel E. Karnes, Chair
3. STATEMENT OF PURPOSE. Mayor Bowers
4. BLESSING OF THE MEAL. Vice-Mayor Sherman P. Lea
5. DISCUSSION.
The current controversy regarding the condemnation of a tract of land on
Reserve Avenue and to ask for Council's direction. Council instructed the
Housing Authority to continue moving forward with the South Jefferson
Redevelopment Plan for Reserve Avenue. (4-2, with Vice-Mayor Lea and
Council Member Rosen voting no.)
6. . RECESS/ADJOURN.
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT
7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR
MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 21, 2009
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Council Member Trinkle was absent.
The Invocation was delivered by Mayor David A. Bowers.
A moment of silence in memory of Ann Masters, Executive Director,
Clean Valley Council.
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 will be televised live and replayed on RVTV Channel 3 on
Thursday, December 24 at 7:00 p.m., and Saturday, December 26 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
8
A. PUBLIC HEARINGS:
1.
Proposal of the City of Roanoke to invite bids from qualified bidders to enter
into a Lease Agreement with the City to lease air rights above and within the
City's Center in the Square Garage, with some of such air rights being
between the Center in the Square Garage and the 204 Jefferson Street
Building located in the City of Roanoke, Virginia. Darlene L. Burcham, City
Manager.
Adopted Ordinance No. 38673-122109. (7-0)
/
,
2. Proposal of the City of Roanoke to invite bids from qualified bidders to enter
into a Parking License Agreement with the City to obtain twenty (20)
Reserved Parking Permits for the use of twenty (20) designated parking
spaces in the City's Center in the Square Garage located at 11 Campbell
Avenue, S. E., Roanoke, Virginia, subject to certain terms and conditions of
such Parking License Agreement. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38674-122109. (7-0)
3. Request of Big Brothers Big Sisters of Southwest Virginia, Inc., for tax
exemption on real property located at 124 Wells Avenue, N. W. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 38675-122109. (7-0)
B. OTHER BUSINESS:
1 . Petition for Appeal filed by Doug and Brook Devine appealing the decision of
the Architectural Review Board to deny issuance of a Certificate of
Appropriateness for repairs at 424 Walnut Avenue, S. W.
Affirmed (4-2, with Council Members Price and Rosen voting no.)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
D. ADJOURNED.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
.The 21st day of December, 2009.
No. 38661-122109.
A RESOLUTION naming Stanley G. Breakell as Roanoke's Citizen of the Year
for 2009.
WHEREAS, Mr. Breakell, a native Roanoker and graduate from the University of
Virginia, is the Chairman of the Board/CEO of Breakell Incorporated, General
Contractors, the firm co-founded by his father;
WHEREAS, Mr. Breakell has recognized the impact of construction upon the
environment and has devoted his career to finding solutions that foster environmental
stewardship through sustainable business and building practices, and his fIfm renovated
the first LEED-certified building in Roanoke and the second historic renovation project in
the State to be LEED-certified;
WHEREAS, Mr. Breakell is extremely active in the Roanoke community, serving
on numerous civic boards, including the Roanoke Public Advisory Library Board,
Roanoke Public Library Foundation, American Red Cross Board of Directors for the
Southwest Virginia region, Clean and Green Business Coalition, Citizens for Clean and
Green, Roanoke Valley Cool Cities Coalition, and the Western Virginia Land Trust;
WHEREAS, Mr. Breakell was involved in the development of the Roanoke
Regional Chamber of Commerce's green certified business evaluation protocol, which
will result in an official green certification for participating businesses;
. .
, '.
WHEREAS, in his personal life, Mr. Breakell and his wife, Lauren, have
influenced many families to commit to home recycling, energy awareness, and energy
saving practices.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Stanley G. Breakell is named Citizen of the Year for 2009 in the City of Roanoke,
Virginia.
ATTEST:
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~~m.~~
.' /' (
CIty CJerk;- ';'..
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
. 215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E, CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
December 30,2009
Sherman P. Lea, Jr., Chair
Youth Services Citizen Board
3773 Norway Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Lea:
This is to advise you that Anna Balog has qualified as a member of the Youth
Services Citizen Board for a term ending May 31,2012.
Sincerely,
~m.~~
. Stephanie M. Moon, CMC
City Clerk
pc: Cecelia T. Webb, Assistant Deputy City Clerk
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence,doc
CIW CLERK '09 DEI 03 ptK2:11
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Anna Balog, 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 Youth Services Citizen Board, for a term ending May 31,2012,
according to the best of my ability (So help me God).
~l~ 1ScL~
d (J/ A
Subscribed and sworn to before me this J!l day of ~ 2009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~i .
K:\Oaths and Qualifications\Anna Balog 5-31-20 12.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City ,Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
December 30, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
The following bid for lease agreement for air rights for a pedestrian bridge
between Center in the Square Garage and the 204 Jefferson Street Building, was
opened and read before the Council of the City of Roanoke at a regular meeting
held on Monday, December 21,2009:
204 Jefferson Condominium Owners Association - one-time
payment for rent as set forth in paragraph 3 of the Lease
Agreement for use of the City's airspace, in the total amount of
$13,548.60, which shall be paid in 20 annual payments of $677.43;
and term of 20 years, commencing on April 1, 2010 and ending
March 31, 2030, unless sooner terminated as provided for in the
Lease Agreement or by law.
On motion, duly seconded and adopted, the sole bid was referred to you for
study, report and recommendation to Council.
Sincerely,
~rn.l'n~
Stephanie M. Moon, CMC0
City Clerk
pc: William M. Hackworth, City Attorney
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
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BID FORM
FOR A LEASE AGREEMENT TO LEASE AIR RIGHTS
ABOVE CITY OWNED PROPERTY BETWEEN THE CITY'S
CENTER IN THE SQUARE GARAGE AND
THE 204 JEFFERSON STREET BUILDING
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids prior to the time set for receipt of bids.
No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AMD DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.rn., local time, Monday, December 21,2009, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue; S.W.
Roanoke, VA 24011
Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Lease Agreement for Air Rights for a Pedestrian Bridge
Between Center in the Square Garage and the 204 Jefferson Street Building, Not to Be
Opened Until the City Council Meeting at 2:00 p.m. on December 21,2009.
Date:
proposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Lease Agreement for use of City's Airspace, a
copy of which is on file in the Office of the City Clerk for the City of Roanoke, 456 Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the
undersigned bidder warrants that it can and will comply with the provisions of such Lease
Agreement.
Bid: one-time payment for rent as set forth in paragraph 3 of the Lease Agreement for use of the
City's Airspace ill the total amount of and /1 00
Dollars ($ ), which shall be paid in twenty (20) annual payments of
and _/100 Dollars ($ ).
Bid: term twenty (20) years, commencing on April I, 2010, and ending on March 31, 2030,
. unless sooner terminated as provided for in the Lease Agreement or by law.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
Bid Fonn-Lease.doc
Page 1 of2
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission, or the complete legal name of bidder if it is not a corporation.
LEGAL NAME OF BIDDER:
BY:
TITLE:
(Printed Title)
(Printed Name)
STREET ADDRESS:
MAILING ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE: (
)
FAX: (
)
Bid Form-Lease.doc
Page 2 of2
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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FILED ON: 12/16/09 ;;"ONWEAl\\\ "~,I I
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OFFICE OF THE CITY MANAGER
215 CHURCH AVENUE, S
ROOM 364, NOEL C. TA
ROANOKE VA 24011
REFERENCE: 80136394
11839234
NPH-Air Rights
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, i~ ~he st~t~ ~f
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
ry Public
PUBLISHED ON: 12/09 12/16
TOTAL COST:
1,809.60
"
NOTICE OF PUBLIC
HEARING
, AND
I AQVEIiTISEMENT FOR
I'NVrrATlON FOR BIDS
~c ~te:o~~f t~ Council of the
Execution oo~noke for
Agreement a lease
to lease A' R' '
C i t Y o'w n'~ d Ights above:
betwee,fthe e/t pro per t Y i
Center' ys
G.arage '~nt:e SqUarer
~effersori Street B~~~n: 0 41
. of,: r' of'
:,\'\',~~\
_ , Billing Services Representative
Pur sua n t tot h ~1
requirements of Sectlonsl
15.2-2100, 2101, 2102, etl
seq., and 15.2-2030, Code
of Virginia (1950), as
amended, the ,City of
Roanoke (City) hereby giyes:
notice that it is inviting bids
from qualified bidders to
enter into a lease'
Agreement with the City for
the successful bidder to
lease air rights above and
within property of the City,
being a certain area over
and within the City's' Center
in the Square Garage, being
Tax Map Number 4010805,
with,some of such air' rights
being between the Center in
the Square Garage and the'
204 Jefferson Street
Building (204 Building or
Colonial Arms Building ),
located in the City of
Roanoke, Virginia, for a
term of twenty (20) years,
starting on April 1, 2010,
and ending at midnight on'
~oa~~~ ;:fe r2~~nOa t~nJe:~
provided for in the lease
Agreement or in accordance
with the law. Such area for
the air rights is further
described as follows:
Those certain air rights
located in the City of
Roanoke, Virginia, above'
and within an area I'
beginning at a corner, said
corner located on the:
southerly right-of-way of
Campbell Avenue, SE, said
pOint also being the
northwest corner of
Roanoke City Tax Map
Number 4010801; thence
leaving Campbell Avenue,
~E and with the easterlY,
property line of Tax Map
Number 4010801, for the
following 3 courses to the'
actual place qf beginning;:
thence S l' 31"56W, 2.48
feet to a point; thence N
88' 28' 04" W, 0.13 feet to
a point; thence S 01' 19'
59" W, 21.47 feet to the
actual place of beginning,
being, Corner #1; thence,
, leaving Roanoke City Tax
,Map Number 4010801 with
three easement lines for air
rights through the property
of the City of.Roanoke,
being Tax Map Number
4010805, as follows;
Ithence S 88' 40' 01" E
3.55 feet of Corner #2;
thence S 01' 19' 59" W
passing the approximate
)fa9ade of the Center in the
Square Parking Garage at
approximately 1.00 feet:
.- tJien.ce-folio.wing sa'i-rl
)fa9ade, in all 22.50 feet to
Corner #3; thence leaVingl
said fa9ade, N 88' 40' 01"
W, 3.55 feet to Corner #4;
\Said point located on the
easterly property line of
4010.801; thencel
continuing, N 01' 19' 59" E'I
22.50 feet to the place of,
beginning and containing'
79.9 square feet, said airl
rights easement beginning
at the 4th floor of Tax Mapj
number 4010801 and
crossing to 4th floor of the
Center in the Square
Garage, Tax Map Number
4010805 and extending
upward therefrom a
distance of 16.00 feet from
the lowest floor elevations
being located on Tax Map
Number 04010801 (204
Building or Colonial Arms
.!l!!i1dinglc,
-line-purpose of sliciileasi,
of air rights is to allow for
the continued con, n,ection 0, f1
a pedestrian' bridge to
conne~t a parking d~ck, in'
the City's Center in the,
Square Garage to the 204:
Building, subje'ct to certain 1
terms and conditions asl
may be more fully set forth i '
in any resulting lease I
Agreement. Any bidderl
shall be able to provide for
the continued complete and
\"proper maintenance,
.op,eration, and/o,
" replacement of the above
mentioned pedestrian
bridge, provide sufficient
Idocumentation of such
ability to provide such
items, and to provide for
,compliance with the terms
.. of the proposed lease
'Agreement.
1 If the City elects to award
the lease Agreement for
this matter, City Council will
be requested to adopt an
ordinance granting such an
award which will provide in
substance for the lease of
the above air rights. A copy ,
:of the full' text of the;'
Iproposed ordinance is on
Ifile and may be reviewed in
the Office of the City Clerk, "
'Room 456, Noel C. Taylor I
iMunicipal Building, 215 '
Church Avenue, S.W., I,
Roanoke, Virginia 24011.
Any interested party is
finvited to submit a written
bid for the lease of such air
:rights as set forth above.
Each bidder shall submit at
a minimum the following
information:
1.The legal name of the
entity submitting the bid.
2.The amount of the lease,
payment proposed to bel
made l<? the City for such
air rights. .
3.Such other information
as the bidder deems
appropriate.
Bids,'are to be submitted
in a:sealed envelope or
container to the City Cierk
at the address noted above i
on or pefore Noon, 12:00 I
p.m.,'local time, Monday, '
December 21, 2009. The,
outside of the bid envelope i
should be marked as I
foHows: "BID, FOR lEASE
AGREEMENT FOR AIR
RIGHTS FOR A PEDESTRIAN
BRIDGE BETWEEN CENTER
IN THE SQUARE GARAGE I
AND THE 204 JEFFERSON I
STREET BUilDING, NOT TO'
BE,OPENED UNTil THE CiTYI
COUNCil MEETING AT 2:00'
P.M. ON DECEMBER 211
2009." The bid should'be
addressed to the Cityl
Co'uncil of Roanoke, c/o
Office of the City Clerk, '
Room 456, Noel C. Taylor
Municipal Building, 2151
Church Avenue, SW'I
Roanoke, Virginia, 24011.
i All bids received will be held.
by t.he City Clerk, unopened,
untli ,2:00 p.m., iocal time,
..--' on-Monday, December 21,
2009, at which time they
will be delivered to the
Council Chambers, Room
450, Noel C. Taylor
I Municipal Building, 2151
Church Avenue, SW;I
I Roanoke, Virginia, 24011, I
, an, d thereafter be -PUbliClyl.
, opened and read aloud in
accordance with Section'
15.2-2102, Code of Virginia I
(1950), as amendea. I
The City reserves the right ~
to cancel this Invitation for I
Bids and/or to reject any
~nd all. bids, to waive any
Informality or irregularity in
the bids received, and to
iaccept ,the, bid which is
"deemed to be in the best
interest of the City.
" The entity to whom any
jleaSe Agreement may be
awarded shall reimburse
lithe City for the. costs of any
advertisements for this
(Tatter. , '-------,'
-:~~~--) '"
~ j,
, j.:
CITY CLERK l09 DEe 18 PtK12:55
iTffenecessary bid form,a /'
ICOpy oLl,he proposed leas,e
Agre~li)ent, and the
proposed prdinance may be !
obtained'from the City
I Clerk's Office at the above
address on and after
Wednesday, December 9,
2009.
Pursuant to the!
requirements of Sections
15.2-2100, ett,seq., Code of
Vir gi n i a (1950), as
al1)~o(jed, notice is WeQv, '
.;('/-- .
~ giverilh-,iil1liiCounCifOf1hel
City-of Roanoke will hold a I
'.. pUblic hearing on the above '!"
I matt.er on Monday, '
'December 21, 2009, at
7:00 p.m., local time, or as
soon thereafter as Council
is availabie, in the Council
Chambers, Roor:\1 450, Noel
C. Taylor Municipal Building,'
215 Church AY!lnuli, SW,
Roanoke, Virginia, 24011.1
For further infdr'mation on
,this (matter,\'you ma'yi
,contact the 'Office of th'el
iCily Clerk al (540)
'853-2541. '
: All parties and interes,ted/"
citizens may, appear on the
ia,bove date and time and bel
heard on the matter. I
If you are a person who
needs accommodations for
this he.aring, please con'tact
the City Clerk's Office at
(540) 853-2541 before'
12:00 noon on the Thursdayl
before the date of the'
hearing listed above. r
GIVEN under my hand, this:
4th day of December; 2009.)
Stephanie M: Moon,!
City Clerk.
, ' I
, <'
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(118~9234 )
"
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NOTICE OF PUBLIC HEARING
AND
ADVERTISEMENT FOR INVITATION FOR BIDS
Before the Council of the City of Roanoke for Execution of a Lease Agreement
to lease Air Rights above City owned property between the City's
Center in the Square Garage and the 204 Jefferson Street Building
Pursuant to the requirements of Sections 15.2-2100, 2101, 2102, et seq., and 15.2-2030, Code of
Virginia (1950), as amended, the City of Roanoke (City) hereby gives notice that it is inviting
bids from qualified bidders to enter into a Lease Agreement with the City for the successful
bidder to lease air rights above and within property of the City, being a certain area over and
within the City's Center in the Square Garage, being Tax Map Number 4010805, with some of
such air rights being between the Center in the Square Garage and the 204 Jefferson Street
Building (204 Building or Colonial Arms Building ), located in the City of Roanoke, Virginia,
for a tern1 of twenty (20) years, starting on April I, 2010, and ending at midnight on March 31,
2030, unless sooner terminated as provided for in the Lease Agreement or in accordance with the
law. Such area for the air rights is further described as follows:
Those certain air rights located in the City of Roanoke, Virginia, above and within
an area beginning at a comer, said comer located on the southerly right-of-way of
Campbell Avenue, SE, said point also being the northwest corner of Roanoke City
Tax Map Number 4010801; thence leaving Campbell Avenue, SE and with the
easterly property line of Tax Map Number 4010801, for the following 3 courses
to the actual place of beginning; thence S 10 31 "56W, 2.48 feet to a point; thence
N 88028' 04" W, 0.13 feet to a point; thence SOlo 19' 59" W, 21.47 feet to the
actual place of beginning, being, Comer #l; thence leaving Roanoke City Tax
Map Number 4010801 with three easement lines for air rights through the
property of the City of Roanoke, being Tax Map Number 4010805, as follows;
thence S 88040' 01" E, 3.55 feet of Comer #2; thence SOlO 19' 59" W, passing
the approximate fayade of the Center in the Square Parking Garage at
approximately 1.00 feet; thence following said fayade, in all 22.50 feet to Comer
#3; thence leaving said fayade, N 880 40' 01" W, 3.55 feet to Comer #4; said
point located on the easterly property line of 40 I 080 I; thence continuing, N 0 I 0
19' 59" E, 22.50 feet to the place of beginning and containing 79.9 square feet,
said air rights easement beginning at the 4th floor of Tax Map number 4010801
and crossing to 4th floor of the Center in the Square Garage, Tax Map Number
4010805 and extending upward therefrom a distance of 16.00 feet from the lowest
floor elevations being located on Tax Map Number 040 I 080 1 (204 Building or
Colonial Arms Building).
The purpose of such lease of air rights is to allow for the continued connection of a pedestrian
bridge to connect a parking deck in the City's Center in the Square Garage to the 204 Building,
subject to certain terms and conditions as may be more fully set forth in any resulting Lease
Agreement. Any bidder shall be able to provide for the continued complete and proper
maintenance, operation, and/or replacement of the above mentioned pedestrian bridge, provide
AirRightsAd 204-clean.doc
1
sufficient documentation of such ability to provide such items, and to provide for compliance
with the terms of the proposed Lease Agreement.
If the City elects to award the Lease Agreement for this matter, City Council will be requested to
adopt an ordinance granting such an award which will provide in substance for the lease of the
above air rights. A copy of the full text of the proposed ordinance is on file and may be
reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia 24011.
Any interested party is invited to submit a written bid for the lease of such air rights as set forth
above. Each bidder shall submit at a minimum the following information:
1. The legal name of the entity submitting the bid.
2. The amount of the lease payment proposed to be made to the City for such air
rights.
3. Such other information as the bidder deems appropriate.
Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted
above on or before Noon, 12:00 p.m., local time, Monday, December 21, 2009. The outside of
the bid envelope should be marked as follows: "BID FOR LEASE AGREEMENT FOR AIR
RIGHTS FOR A PEDESTRIAN BRIDGE BETWEEN CENTER IN THE SQUARE GARAGE
AND THE 204 JEFFERSON STREET BUILDING, NOT TO BE OPENED UNTIL THE CITY
COUNCIL MEETING AT 2:00 P.M. ON DECEMBER 21, 2009." The bid should be addressed
to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. All bids received will
be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, December 21,
2009, at which time they will be delivered to the Council Chambers, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, and thereafter be
publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950),
as amended.
The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to
waive any informality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom any Lease Agreement may be awarded shall reimburse the City for the costs
of any advertisements for this matter.
The necessary bid form, a copy of the proposed Lease Agreement, and the proposed Ordinance
may be obtained from the City Clerk's Office at the above address on and after Wednesday,
December 9,2009.
Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
AirRightsAd 204-clean.doc
2
hearing on the above matter on Monday, December 21, 2009, at 7:00 p.m., local time, or as soon
thereafter as Council is available, in the Council Chambers, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. For further
information on this matter, you may contact the Office of the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and time and be heard on the
matter.
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 4th day of December
,2009.
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Wednesday, December 9,
2009, and once on Wednesday, December 16,2009.
Please send bill to:
Please send affidavit of publication to:
R. Brian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-2333
Stephanie M. Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 240 II
(540) 853-2541,
AirRightsAd 204-clean,doc
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAIT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 30,2009
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
The following bid for lease agreement for a Parking License Agreement for
reserved parking permits for the City's Center in the Square Garage, was opened
and read before the Council of the City of Roanoke at a regular meeting held on
Monday; December 21,2009:
204 Jefferson Condominium Owners Association - monthly
payments to be made according to the rates set forth below for
each of the 20 reserved parking permits provided by such License
Agreement whether or not such parking permits are used by the
Licensee. Payment is due the Licensor the first of each month.
The rates for each of the Reserved Parking Permits shall be as
follows:
Years 1 - 5
$0.00 per month for each of the
20 reserved parking permits
Years 6 -20
Rate per month for each reserved
parking permit shall be equal to
the then current prevailing
residential parking rate ~pplicable
to Center in the Square Garage
as established by City Council
from time to time, plus an
additional $20.00 premium per
permit, per month
and 20 years, commencing on April 1, 2010 and ending March 31,
2030, unless sooner terminated as provided for in the Parking
License Agreement or bylaw.
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
Darlene L. Burcham
December 30,2009
Page 2
On motion, duly seconded and adopted, the sole bid was referred to you for
study, report and recommendation to Council.
Sincerely,
~h,.~
Stephanie M. Moon, CMC
City Clerk
pc: William M. Hackworth, City Attorney
K:\Agenda CorrespondencelDecember 21, 2009IDecember 21,2009 Correspondence. doc
<::
BID FORM
FOR A PARKING LICENSE AGREEMENT
FOR RESERVED PARKING PERMITS FOR THE
CITY'S CENTER IN THE SQUARE GARAGE
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AMD DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.m., local time, Monday, December 21,2009, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office ofthe City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Parking License Agreement for Reserved Parking Permits for
the City's Center in the Square Garage, Not to Be Opened Until the City Council Meeting
at 2:00 p.m. on December 21,2009.
Date:
proposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Parking License Agreement for Reserved Parking
Permits for the City's Center in the Square Garage, a copy of which is on file in the Office of
the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can
and will comply with the provisions of such Parking License Agreement.
Bid: monthly payments to be made according to the rates set forth below for each of the twenty
(20) Reserved Parking Permits provided by such License Agreement whether or not such
Parking Permits are used by the Licensee. Payment is due the Licensor the first of each month.
The rates for each of the Reserved Parking Permits shall be as follows:
Bid Form-Parking License.doc
Page 1 of2
Years 1-5
$ per month for each of the (20)
Reserved Parking Permits
Years 6-20
Rate per month for each Reserved Parking Permit
shall be equal to the then current prevailing
parking rate applicable to Center in
the Square Garage as established by City Council
from time to time plus an additional $20.00
premium per permit, per month.
Bid Term: Twenty (20) years, commencing on April I, 2010, and ending on March 31, 2030,
unless sooner terminated as provided for in the Parking License Agreement or by law.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission, or the complete legal name of bidder if it is not a corporation.
LEGAL NAME OF BIDDER:
BY:
TITLE:
(Printed Title)
(Printed Name)
STREET ADDRESS:
MAILING ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE: (
)
FAX: (
)
Bid Form-Parking License.doc
Page 2 of2
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF THE CITY MANAGER
215 CHURCH AVENUE, S
ROOM 364, NOEL C. TA
ROANOKE VA 24011
REFERENCE: 80136394
11839279
State of Virginia
City of Roanoke
NPH-License Agreemen
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
virgi~ja. Sworn and subscribed before me this
___l~ay of DEC 2009. Witness my hand and
official seal.
--:-
PUBLISHED ON:
12/09 12/16
TOTAL COST:
FILED ON:
1,666.08
12/16/09
ry Public
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. NOTICE OF PUBLIC
HEARING '
AND
ADVERTISEMENT FOR
INVITATION FOR BIDS
Before the Council of the
City of Roanoke for
~xecution of a
Parking license Agreement
for reserved parking permits
for the
City's Center in the Square
Garage
Pursuant to the
requirements of Sections,
115.2-2100, 2101, 2102, et
n seq., Code of Virginia
, (1950), as amended, the
City o.t Roanoke (City)
hereby' gives notice that it is
inviting bids from qualified
bidders to enter into a
Parking license Agreement
with the City for the
successful bidder to obtain
twenty (20) Reservedl
Parking Permits for the use
of tw~nty (20) designated
parking spaces in the City's
Center in the Square
Garage located at 11
Campbell Avenue, S.E.,
Roanoke, Virginia, subject
to certain te'rms and
conditions of such Parking
license Agreement. The
term of the Parking license
Agreement will be for
twenty (20) years, starting
on Ap!il 1, 2010, and
ending at midnight on
March 31, 2030, unless
sooner terminated as
provided for in the license
Agreement or in accordance
with the law. The
,designated spaces for
- \WhiCh the twenty (20)
Reserved Parking Permits
,will be able 0 be used are
;,
--------------------------------------------------+------------------------
Authorized v-:- *
Signature'__f~~__
"';"
Billing Services Representative
"-';
describeilaSfoiiOW~1
The twenty designated
parking spaces governed by
{the proposed Parking
License Agreement are
located within the City's
Center in the Square
Parking Garage, located at
11 Campbell Avenue, S.E.,
and more specifically,
located on the northwest
corner of the fourth .(4th)
level of the facility, parking
\spaces currentiy numbered
401- 406 (inclusive) along
the western perimeter wall,
407-416 (inclusive) along
, the northern perimeter wall,
,and 417-420 on the south
and east side of the 4th
Ilevel's northwest corner
!vehicular access lanes.
The purpose of such
!parking License Agreement
lis to allow residents ofl
condominiums located in a'
;building that has a PhYSiCaif
;connection by a pedestrian,
jbridge to the City's Center'
In "he Square Garage tol
:obtain twenty (20) Reserved
,Parking Permits for the
ILicensee's exclusive use ofl
icertain designated spaces I
,in the City's Center in the,
Square Garage, subjecttol
c e'r t a i n t e r m san d'
conditions as may be morel
fully set forth in the!
resulting Parking License!
IAgreement. Any bidderl
!shall be able to provide,
\SUfficient evidence thatl
such bidder will be able'to
provide the residents of the
condominiums located in
the building at 204
,Jefferson Street (204
'Building) use of the
Ipedestrian bridge that
physically connects the 204
j Building to the City's Center
in the Square Garage and to
maintain such pedestrian'
bridge and to provide for
compliance with the terms
of the proposed Parking
License Agreement
requiring certain terms and
conditions for the
designated spaces to be
,used for the Reserved
\parking Permits.
If the City elects to award
the Parking License
I,Agreement for this matter,
City Council will be
!requestedto adopt an
[or,dinance granting such an
\award which will provide in
substance for a Parking
IUcense Agreement as set
;forth above. A copy of the
~u!ltext'of the prooosed
jordinance is on liI'e and
,may be reviewed in the
,Office of the City Clerk,
Room 456, ,Noel C. Taylor
Municipal Building, 215
,Church Avenue, S.W.,
Roanoke, Virginia 24011.
! Any interested party is
invited to submit a written
bid for a Parking License
:Agreement for reserved
parking permits for the
,city's Center in the Square I
,Garage as set forth above.
lEach bidder shall submit at .
',a minimum'the fOllOWing!
'information: :
! .1.The legal name of the
,entity submitting the bid.
, 2.The amount of thel
',/icense payments proposed
,to be made to the City for
'such Parking License
: jAgreement. I
.' 3.Such other information
las the bidder deems
~aRe.'opriat~_ ___...:.J
~
f
r-Bidifarif'lo-oe suomifted
lin a sealed ,envAl9pe or
container to the City Clerk
at the address noted above
on or befoie Noon, 12:00
iP.m., local time, Monday,
December 21, 2009. The
'outside of the bid envelope'
should be marked as,
:follows: "BID FOR PARKING,
LICENSE AGREEMENT FOR,
RESERVED PARKING'
PERMITS FOR THE CITY'S
CENTER IN THE SQUARE:
GAIJAGE, NOT TO BEl'
,OPENED UNTIL THE CITY
,COUNCIL MEETING AT 2:00,
P.M. ON DECEMBER 21,
2009." The bid should be
addressed to the City
Council of Roanoke, c/o
pffice of the City Clerk,
floom 456, NoelC. Taylor I
~unicipal Building, 215"
~hurch Avenue, SW,'
Roanoke, Virginia, 24011.-
'All bids received will be held "
by the City Clerk, unopened, '
until 2:00 p.m., local time,
on Monday, December 21,
2009, at which time they
will be delivered to the
Counci,1 Chambers, Room' i
450, Noel C. Taylor ;^,
Municipal Building, 215' "
IChurCh Avenue, SW';
Roano,ke, Virginia, 24011; ,
and thereafter be publicly
opened and read aloud in
accordance with Section
! 15.2-2102, Code of Virginia
I' (1950), as amended.
The City reserves the right
to cancel this Invitation for
Bids and/or to reject any
and all bids, to waive any
I' informality or irregularity in
the bids received, and to
accept the bid which, is
deemed to be in the best
linteresl.of the City.
The entity to whom any'
Parking License Agreement!
!may be awarded shall'
reimburse the City for the!
costs of any advertisements'
for this matter. I
, The necessary bid form, a
Icop'y of the proposed
Parking License Agreement, :
,and the prop~sed Ordinance i
,may be obtamed from the
City Clerk'sOffice at the!
above address on and after
,Wednesday, December 9,
2009. I
Pursuant to thel
requirements of Sections
15.2-2100, et seq., Code of
IVirginia (1950), as
amended, notice is hereby
given that the Council of the
I City of Roanoke will hold a
,public hearing on the above
Imaller 011 December 21,
2009, at 7:00 p.m., local
time, or as soon thereafter
las Council is available, in
the Council Chambers
Room 450, Noel C. Taylo;
,Municipal Building, 215
;Church Avenue, SW
'.1 Roarioke, Virginia, 24011:i
,'. For further information on,
, lthis matter, you may'
contact the Office of thel
City Clerk at (540)1
' 853-2541.
A, II parties and interested
citizens may appear on the
above date and time and be
heard on the matter. I
If you are a person who
'needs accommodations for
this hearing, please contactl
the City Clerk's Office at
(540),853-2541 beforei
12:00 noon on the ThursdaYI
before the date of the
hearing listed above. '
GIVEN under my hand this
4th day of December, 2009.:
Stephanie M. Moon, I
City Clerk. i
J
(11839279)
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NOTICE OF PUBLIC HEARING
AND
ADVERTISEMENT FOR INVITATION FOR BIDS
Before the Council ofthe City of Roanoke for Execution of a
Parking License Agreement for reserved parking permits for the
City's Center in the Square Garage
Pursuant to the requirements of Sections 15.2-2100, 2101, 2102, et seq., Code of Virginia
(1950), as amended, the City of Roanoke (City) hereby gives notice that it is inviting bids from
qualified bidders to enter into a Parking License Agreement with the City for the successful
bidder to obtain twenty (20) Reserved Parking Permits for the use of twenty (20) designated
parking spaces in the City's Center in the Square Garage located at 11 Campbell Avenue, S.B.,
Roanoke, Virginia, subject to certain tenns and conditions of such Parking License Agreement.
The term of the Parking License Agreement will be for twenty (20) years, starting on April 1,
2010, and ending at midnight on March 31, 2030, unless sooner terminated as provided for in the
License Agreement or in accordance with the law~ The designated spaces for which the twenty
(20) Reserved Parking Permits will be able to be used are described as follows:
The twenty designated parking spaces governed by the proposed Parking License
Agreement are located within the City's Center in the Square Parking Garage,
located at II Campbell Avenue, S.E., and more specifically, located on the
northwest comer of the fourth (4th) level of the facility, parking spaces currently
numbered 401- 406 (incl usi ve) along the western perimeter wall, 407 -416
(inclusive) along the northern perimeter wall, and 41 7-420 on the south and east
side of the 4th level's northwest comer vehicular access lanes.
The purpose of such Parking License Agreement is to allow residents of condominiums located
in a building that has a physical connection by a pedestrian bridge to the City's Center in the
Square Garage to obtain twenty (20) Reserved Parking Permits for the Licensee's exclusive use
of certain designated spaces in the City's Center in the Square Garage, subject to certain terms
and conditions as may be more fully set forth in the resulting Parking License Agreement. Any
bidder shall be able to provide sufficient evidence that such bidder will be able to provide the
residents of the condominiums located in the building at 204 Jefferson Street (204 Building) use
of the pedestrian bridge that physically connects the 204 Building to the City's Center in the
Square Garage and to maintain such pedestrian bridge and to provide for compliance with the
terms of the proposed Parking License Agreement requiring certain terms and conditions for the
designated spaces to be used for the Reserved Parking Pennits.
If the City elects to award the Parking License Agreement for this matter, City Council will be
requested to adopt an ordinance granting such an award which will provide in substance for a
Parking License Agreement as set forth above. A copy of the full text of the proposed ordinance
is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
License Agreement Ad 204,doc
1
Any interested party is invited to submit a written bid for a Parking License Agreement for
reserved parking permits for the City's Center in the Square Garage as set forth above. Each
bidder shall submit at a minimum the following information:
1. The legal name of the entity submitting the bid.
2. The amount of the license payments proposed to be made to the City for such
Parking License Agreement.
3. Such other information as the bidder deems appropriate.
Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted
above on or before Noon, 12:00 p.m., local time, Monday, December 21,2009. The outside of
the bid envelope should be marked as follows: "BID FOR PARKING LICENSE AGREEMENT
FOR RESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE
GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2:00 P.M. ON
DECEMBER 21, 2009." The bid should be addressed to the City Council of Roanoke, c/o
Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue,
SW, Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until
2:00 p.m., local time, on Monday, December 21, 2009, at which time they will be delivered to
the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
SW, Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance
with Section 15.2-2102, Code of Virginia (1950), as amended.
The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to
waive any informality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom any Parking License Agreement may be awarded shall reimburse the City
for the costs of any advertisements for this matter.
The necessary bid form, a copy of the proposed Parking License Agreement, and the proposed
Ordinance may be obtained from the City Clerk's Office at the above address on and after
Wednesday, December 9,2009.
Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matter on December 21,2009, at 7:00 p.m., local time, or as soon thereafter
as Council is available, in the Council Chambers, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. For further information on this
matter, you may contact the Office of the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and time and be heard on the
matter.
License Agreement Ad 204.doc
2
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this Jrta day of Dec-emher
,2009.
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Wednesday, December 9,
2009, and once on Wednesday, December 16,2009.
Please send bill to:
Please send affidavit of publication to:
R. Brian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 240 II
(540) 853-2333
Stephanie M. Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
(540) 853-2541
License Agreemeni Ad 204,doc
3
.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38662-122109 amending and reordaining
Section 10-24, Same - VotinQ place, Code of the City of Roanoke (1979), as
amended, to provide for the permanent relocation of the polling location for the
Jefferson-Riverdale Precinct; and dispensing with the second reading by title of
this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21,2009, and is in full
force and effect upon its passage~
Sincerely,
~m.~
Stephanie M. Moon, CMC .
City Clerk
Enclosure
pc: The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C, Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
Municipal Code Corporation
Page 2
December 30,2009
pc: LOfa A. Wilson, Law Librarian
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Laverne Grigsby, Acting General Registrar
Deirdre J. Martin, Secretary, City of Roanoke Electoral Board
Cecelia R. We_bb, Assistant Deputy City Clerk
K:\Agenda Correspondence\December 21, 2009\December 21, 2009 Correspondence. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
'-No. ?3866~+122109.
AN ORDINANCE amending andreordaining See, 10-24, Same--Votingplace. Code of
the City of Roanoke (I979), as amended, to provide for the permanent relocation of the polling
location for the J e ffers on- Riverdale Precinct; and dispensing with the second reading by title ofthis
ordinance,
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The following section of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
~10-24, S,ame - Voting place.
The ".roting place in Jefferson Riverdale Precinct shall be at thc Buena
Vista Recreation Center, located in Jackson Park, in said precinct.
\
The voting place in Jefferson-Riverdale Precinct shall be Jackson Park
Branch Library, 1101 Morningside Street, S.E,
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
. ~ m.rnO\hV
City Clerk. ' l
MEMORANDUM
To: Stephanie Moon, City Clerk
cc: Darlene Burcham, City Manager
William Hackworth, City Attorney
Prom: Lavern L. Grigsby, Deputy/Acting General Registrar
Date: December 16, 2009
Subject: Polling Site Location Change of#007, Jefferson-Riverdale Precinct
Buena Vista Recreation Center, also known as precinct #007, Jefferson-Riverdale,
located at Jackson Park-Penmar Avenue &19th Street SE, Roanoke, Virginia 24013.,
is no longer online as a staffed and programmed facility, therefore, the City of Roanoke
Electoral Board is requesting approval for a permanent change of polling location.
(See resolution attached)
We have requested that this matter be brought before City Council at the December 21,
2009 public meeting. The law requires that I notify the public of any change, no later
thanlS days prior to an election.
The appropriate notification has been forwarded to the City Attorney for submission to
Department of Justice.
Thank you for your cooperation and if you have questions or suggestions, please call me
at 853-2281.
llg:
Attachment
RESOLUTION
CITY OF ROANOKE ELECTORAL BOARD
December 16, 2009
The City of Roanoke Electoral Board in a meeting held on December 3, 2009 voted
unanimously to seek Department of Justice approval to move the following precinct for the
reason stated as follows:
Due to no longer being online as a staffed and programmed facility; Buena Vista Recreation
Center, also known as Jefferson-Riverdale #007 precinct, will not be available for use as a
polling place for all elections held in 20 I O.
Therefore, the Electoral Board has decided that it is in the best interest of the voters to move
the location of the precinct to another facility to meet the needs of the voters and better suited
to meet the guidelines of the Americans with Disabilities Act.
Change:
From: Buena Vista Recreation Center
Jackson Park-Penmar Avenue &19th Street SE
Roanoke, Virginia 24013
Permanent Change:
To:
Jackson Park Branch Library
II 0 I Momingside Street, SE
Roanoke, Virginia 24013
The new location is within the boundaries and precinct lines. Permission has been granted by
Blue Ridge Independent Living who has completed an ADA survey to authorize it's
compliance with current ADA standards. The City Attorney will be asked to prepare
submission for Department of Justice Approval.
~~
Deirdre J. Martin, Secretary
City of Roanoke Electoral Board
~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38663-122109.
A RESOLUTION approving the design and placement of public art to be installed in the
Market Square Walkway Pedestrian Bridge,
WHEREAS, twenty-eight artists responded to the City's Request for Qualification for a
work of art to be installed in the Market Square Walkway Pedestrian Bridge;
WHEREAS, three finalists were interviewed by a Citizen Selection Panel; and
WHEREAS, the City's Arts Commission has recommended that the work of art proposed
by Edwin White be selected as the work to be installed in the Market Square Walkway
Pedestrian Bridge.
NOW THEREFORE, BE IT RESo,L VED that the Council of the City of Roanoke
approves the design of the work of art submitted by Edwin White and approves the location of its
installation in the Market Square Walkway Pedestrian Bridge, as presented to Council on
December 21,2009.
ATTEST:
~.0m. ~o.v
City Clerk. : .: ./
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38665-122109.
AN ORDINANCE to appropriate additional funding from the Commonwealth of
Virginia for the FY10 Workforce Investment Act Grant, amending and reordaining certain
sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Administrative - Regular Employee Wages
Administrative - Temporary Employee Wages
, Administrative - City Retirement
Administrative - FICA
Administrative - Medical Insurance
Administrative - Dental Insurance
Administrative - Life Insurance
Administrative - Disability Insurance
Administrative - Fees for Professional Services
Administrative - Dues and Memberships
Administrative - Training and Development
Administrative - Local Mileage
Administrative - Food
Administrative - Business Meals and Travel
, Administrative - Equipment Rental
Administrative - Other Rental
Administrative - Marketing
Administrative - Supplies
Administrative - Insurance
Administrative - Contract Services
Administrative - Leases
Administrative - Miscellaneous
Administrative - Telephone
Adult - Regular Employee Wages
Adult - Temporary Employee Wages
Adult - City Retirement
Adult - FSA Match
Adult - FICA
Adult - Medical Insurance
35-633-2360-1002
35-633-2360-1004
35-633-2360-1105
35-633-2360-1120
35-633-2360-1125
35-633-2360-1126
35-633-2360-1130
35-633-2360-1131
35-633-2360-2010
35-633-2360-2042
35-633~2360-2044
35-633-2360-2046
35-633-2360-2060
35-633-2360-2144
35-633-2360-3070
35-633-2360-3075
35-633-2360-8053
35-633-2360-8055
35-633-2360-8056
35-633-2360-8057
35-633-2360-8058
35-633-2360-8060
35-633-2360-8090
35-633-2361-1002
35-633-2361-1004
35-633-2361-1105
, 35'~633-2361-1118
35-633- 2361-1120
35-633-2361-1125
$ 17,252
9,732
2,657
2,064
1,380
80
139
38
500
900
40
900
260
1,180
580
143
3,800
374
1,000
9,449
1 ,456
150
664
6,872
445
1,058
8
559
550
Adult - Dental Insurance
Adult - Life Insurance
Adult - Disability Insurance
Adult - Training and Development
Adult - Local Mileage
Adult - Food
Adult - Business Meals and Travel
Adult - Equipment Rental
Adult - Other Rental
Adult - Marketing
Adult - Supplies
Adult - Contract Services
Adult - Leases
Adult - Telephone
Dislocated Worker - Regular Employee Wages
Dislocated Worker - Temporary Employee Wages
Dislocated Worker - City Retirement
Dislocated Worker - FSA Match
Dislocated Worker - FICA
Dislocated Worker - Medica/Insurance
Dislocated Worker - Dental Insurance
Dislocated Worker - Life Insurance
Dislocated Worker - Disability Insurance
Dislocated Worker - Training and Development
Dislocated Worker - Local Mileage
Dislocated Worker - Food
Dislocated Worker - Business Meals and Travel
Dislocated Worker - Equipment Rental
Dislocated Worker - Other Rental
Dislocated Worker - Marketing
Dis/ocated Worker - Supplies
Dislocated Worker - Contract Services
Dislocated Worker - Leases
Dislocated Worker - Telephone
Revenues
Workforce Investment Act Grant FY10
35-633-2361-1126
35-633-2361-1130
35-633-2361-1131
35-633-2361-2044
35-633-2361-2046
35-633-2361-2060
35-633-2361-2144
35-633-2361-3070
35-633-2361-3075
35-633-2361-8053
35-633-2361-8055
35-633-2361-8057
35-633-2361-8058
35-633-2361-8090
35-633-2362-1002
35-633-2362-1004
35-633-2362-1105
35-633-2362-1118
35-633-2362-1120
35-633-2362-1125
35-633-2362-1126
35-633-2362-1130
35-633-2362-1131
35-633-2362-2044
35-633-2362-2046
35-633-2362-2060
35-633-2362-2144
35-633-2362-3070
35-633-2362-3075
35-633-2362-8053
35-633-2362-8055
35-633-2362-8057
35-633-2362-8058
35-633-2362-8090
35-633-2360-2360
$ 60
107
36
270
250
60
290
145
37
300
217
216,135
378
182
8,391
569
1,292
14
685
884
44
69
30 -
240
150
60
330
134
33
200
287
250,789
336
154
547,388
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed witq. .~
ATTEST:
~ m.~1>>.V
City Clerk.
OO~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
No. 38664-122109.
A RESOLUTION accepting the funding for the Western Virginia Workforce
Development Board's Workforce Investment Act ("WIA") program, and authorizing the City
Manager to execute the requisite documents necessary to accept the grant.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1, The Western Virginia Workforce Development Board Workforce Investment
Act grant in the amount of $547,388, to be used during the period of July 1,2009 through
June 30, 2011, for the purpose of administering the Workforce Investment Act program for
certain WIA client populations, as more particularly set out in the City Manager's letter
dated December 21, 2009, to City Council, is hereby ACCEPTED.
2,' The City Manager is authorized to execute and file, on behalf of the City, any
documents required to accept such 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 acceptance of the foregoing grant.
ATTEST:
~"'2Q. t-nOo.v
City Clerk.; , "C
" r;
"
K:\David\Council W ork\westem va workforce development\resolution-12~21-09 .doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 21, 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)
Prog ram s
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany,' Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically ;disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
· Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services,
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$253,287 for the Adult Program which serves economically disadvantaged
adults and $294,101 for the Dislocated Worker Program which serves workers
laid off from employment. through no fault of their own for Program Year 2009
Uuly 1, 2009 - June 30, 2011). Ten percent of the aforementioned totals are to
be allocated to the administrative function of the Western Virginia Workforce
Development Board,
Considerations:
. Program' Operations - Existing activities will continue and planned
programs will be implemented,
. Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City,
Recommendations:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $547,388 for Program Year 2009, and appropriate
the, funding, in accounts to be established in the Grant Fund by the Director of
Finance, Establish corresponding revenue estimates in the Grant Fund as well.
Attached to this letter is a listing of the accounts and amounts for the above
Program Year 2009 appropriations.
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
CM09-00213
Western Virginia Workforce Development Board 2009-2011 Budget Allocation
Unit
Name
Admininstrative
Fund/Departmentl
Unit
35-633-2360
Total
Unit
Name
FundlDepartmentl
Unit
35-633-2361
Adult
Total
Object Account
Code Name
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
1105 City Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
2010 Fees For Professional Service
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8056 Insurance
8057 Contract Services
8060 Miscellaneous
3070 Equipment Rental/Lease
3075 Other Rental
2042 Dues & Memberships
Object Account
Code Name
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
1105 City Retirement
1125 Medical Insurance
1118 FSAMatch
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8057 Contract Services
3070 Equipment Rental/Lease
3075 Other Rental
2nd Allocation
Allocation
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
17,252
9,732
2,064
2,657
1,380
139
38
80
500
3,800
374
664
1,456
1,180
40
900
260
1,000
9,448
150
580
143
900
54,738
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6,872
445
559
1,058
550
8
107
36
60
300,
217
182
378
290
270
250
60
216,134
145
37
227,959
Unit
Name
Dislocated Worker
Total
Total of Units
Fund/Department!
Unit
35-633-2362
Object Account
Code Name'
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
1105 City Retirement
1125 Medical Insurance
1118 FSAMatch
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8057 Contract Services
3070 Equipment Rental/Lease
3075 Other Rental
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
8,391
569
685
1,292
884
14
69
30
44
200
287
154
336
,330
240
150
60
250,789
134
33
264,691
$
547,388
~[Of
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38666-122109.
A RESOLUTION authorizing the appropriate City officials to amend the 2005-2010
Consolidated Plan regarding the Property Acquisition Fund, the Housing Rehabilitation Reserve, and
the Hurt Park Collaboration - Homeownershipactivities, and to submit and execute necessary
documents to the U.S. Department of Housing and Urban Development (HUD).
BE IT RESOLVED by the Council ofthe City of Roanoke that the amendments to the 2005-
2010 Consolidated Plan regarding the Property Acquisition Fund, the Housing Rehabilitation
Reserve, and the Hurt Park Collaboration - Homeownership activities, as more particularly set forth
in the City Manager's letter dated December 21, 2009, to this Coun9il, are approved, and the City
Manager is hereby authorized to execute and submit to HUD any necessary documents, to be
approved as to form by the City Attorney, such authorization subject to there being no compelling
obj ections received prior to the end of the public comment period.
ATTEST:
~- ~ - ""': . ""'-
~'f).~~
City ClerIc.,
R-Amend 2005-2010 Consolidated Plan.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 21, 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 Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Amendment of City of Roanoke
2005-2010 Consolidated Plan
Background:
The City's 2005-2010 Consolidated Plan defines the uses intended for Community
Development Block Grant (CDBG), HOME Investment Partnership Program (HOME)
and Emergency Shelter Grant (ESG) funds received from the U.S. Department of
Housing and Urban Development (HUD). The City has announced to the public its
interest in making three changes to the plan.
1. The entire uncommitted CDBG balance of $260,000 in the "Property
Acquisition Fund" activity, which is currently for housing purposes, would be
reallocated to an activity for acquiring property to be used for flood
reduction, demolition and/or the development of public green space,
recreational or other low- and moderate-income area benefit uses,
2. Of the uncommitted $670,386 in CDBG and HOME funds in the "Housing
Rehabilitation Reserve" activity, $125,000 of the CDBG funds would also be
reallocated to an activity for acquiring property to be used for flood
reduction, demolition and/or the development of public green space,
recreational or other low- and moderate-income area benefit uses,
3, Of $475,218 in CDBG funds in the FY 2010 "Hurt Park Collaboration _
Homeownership" activity, $348,500 was designated for acquiring property in
Hurt Park for this housing purpose. In addition to Hurt Park, these funds
would also be made available for acquisition of derelict and standard
structures and vacant land in other neighborhoods.
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
The proposed actions constitute "substantial changes" to the City's Consolidated
Plan and, therefore, require a 30-day public review and approval by City Council.
Considerations:
The proposed changes to the plan are related to the ongoing flood reduction
activities being undertaken by the City and the U,S, Army Corps of Engineers, and
the City's current budget constraints. These constraints have created a need to
identify supplemental resources to acquire property for a phase of the project for
which. the Corps is scheduled to issue bid requests in February 2010. Since this
phase will benefit low- and moderate-income neighborhoods, the property
acquisition and related costs are eligible uses of the City's Community
Development Block Grant (CDBG) funds. Together, the three proposed changes will
address the immediate property acquisition need, while retaining $545,386 in the
Housing Rehabilitation Reserve and the $348,500 CDBG to acquire property for
housing purposes in Hurt Park and other City neighborhoods. There is also the
.added benefit of using CDBG funds that have been uncommitted, which assists the
City in complying with HUD expenditure timeliness requirements.
The 30-day public review and comment period for the proposed changes to the
Consolidated Plan began November 26, 2009, and will continue through 5:00 PM,
December 28, 2009, A conditional approval to implement the proposed changes is
recommended, In the event no compelling objections are received, the changes
will become effective upon conclusion of the 30-day period, Should compelling
objections be received, the proposed changes will not be implemented without
additional Council action.
Recommended Action:
Approve amending the City's Consolidated Plan as described by this report, such
amendments to take effect upon, and provided'that no compelling objections have
been received by, the conclusion of the public review period, and authorize the City
Manager to execute and submit any necessary documents, approved as to form by
the City Attorney, to HUD for such purposes.
Respectfully submitted,
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
CM09-00212
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38667-122109.
AN ORDINANCE to appropriate funding from the Parking Fund Retained
Earnings for installation of energy efficient LED lighting at the Market Garage, amending
and reordaining certain sections of the 2009-2010 Parking 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 2009-2010 Parking Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Fund Balance
Retained Earnings - Available 07-3348
Appropriations
Appropriated from General Revenue 07-540-8258-9003
$ (38,000)
38,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~m.~~
, City Clerk'. . ~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City V\'eb: www.roanokeva.gov
December 21 , 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 AnitaJ, Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Appropriation of Retained
Earnings - Parking Fund
Background:
On October 1, 2008, the City commenced the Market Garage Expansion and
Rehabilitation Project for its Market Garage located at 25 Church Avenue in
downtown Roanoke. The project added a new 6 story addition, increasing
the amount of public parking available in this garage, reconstructed the
building fa<;:ade, and created new retail spaces at the street level fronting on
Church Avenue. On March 26, 2009, the City became eligible for the Energy
Efficiency and Conservation Block Grant (EECBG) which is part of the
American Recovery and Reinvestment Act of 2009, The purpose of the Grant
was to implement a broad based City program of resource conservation and
energy efficiency measures that would reduce the city carbon footprint and
expand these measures in City facilities. Market Garage was identified at
that time as a participant in this program in order to seek funding to
complete an energy efficient LED lighting system retrofit throughout the
garage, including its new addition.
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
Considerations:
On September 30, 2009, the City was awarded funding from the Department
of Energy in the amount of $963,700 which included $328,700 to fund the
LED retrofit for the garage, The terms of the award stipulate that a local
match of $38,000 of City funds for construction costs and $11,050 for in-
kind labor costs for the Market Garage LED Retrofit be provided. In order to
meet the construction funding requirements of this Grant, the Parking Fund
is required to provide $38,000 to fund the City portion of this project, Such
funding is available in the Parking Fund's Retained Earnings.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $38,000 from the Parking Fund Retained Earnings to the Market
Garage capital project account (07-540-8258).
Respectfully submitted,
Darlene L. rcham
City 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
CM09-00214
~
IN THE COUNCIL .OF THE CITY OF ROANOKE, VIRGINIA.
The 21st day of December, 2009.
No;.38669:::'122I09r:.
AN ORDINANCE to transfer funding from the Percent for the Arts project to
various new art projects, amending and reordaining certain sections of the 2009-2010
Capital Projects Fund Appropriations and adding a certain section to such 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, added, amended, and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
08-610-9929-9003
08-610-9942-9003
08-610.;9943-9003
08-61 0-9944-9003
$ (63,500)
34,000
3,000
26,500
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
W....:..;m~
City Cler~. .
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAIT
Deputy City Clerk
STEPHANIEM. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Douglas C. Jackson, Chair
Roanoke Arts Commission
2121 Windsor Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Jackson:
I am enclosing copy of Resolution No. 38668-122109 approving a Public Art
Action Plan for 2010.
The abovereferenced measures were- adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21,2009.
Sincerely,
~ 'rY1,'h1..w
Stephanie M. Moon, CMC - ~
City Clerk
Enclosure
pc: Darlene L. Burcham, City Manager
, William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Susan Jennings, Public Arts Coordinator
K:\Agenda Correspondence\December 2 I, 2009\December 2 1,2009 Correspondence. doc
~i
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
No. 38668-122109.
A RESOLUTION approving a Public Art Action Plan for 2010.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the
Public Art Action Plan for 2010 as outlined in the City Manager's report dated December 21,2009, as
a part of the City's Public Art'Policy.
ATTEST:
~Yr1,.YnO~
City Clerk. "'-'
K:\Measures\public art plan 2010.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 21, 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 AnitaJ, Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Public Art Action Plan for 2010
Background:
On April 2, 2007, Roanoke City Council adopted the Public Art Site Plan, According
to the Site Plan, the Arts and Culture Coordinator is to present an annual Public Art
Action Plan to the Roanoke Arts Commission (RAC) which will identify projects and
estimated budgets for those prospective projects, The Public Art Site Plan also
states that "Once approved by the RAC, the Public Art Action Plan is to be
submitted to the City Manager for review and then to City Council for approval"
before December 31 each year.
At the November 10, 2009 meeting of the RAC the Commissioners voted on sites
and estimated budgets for public art projects for calendar year 2010. The purpose
of this report is to submit the recommendations of the RAC to City Council.
Considerations:
It is the goal of the RAC to develop a wide range of projects of the various types
eligible through the Public Art Policy at diverse locations throughout the City,
Other goals are to partner with additional organizations where appropriate and to
inform the citizens of the City about the various forms of public art. The RAC
recommends the following projects for 2010,
1, Purchase "Recoil" - This is the AIR (Art in Roanoke) temporary piece on Wells
Avenue behind the Hotel Roanoke, The total cost is $28,500 of which
$2,000 is being donated by the Hotel Roanoke and Conference Center
Commission.
Budget: $26,500
Honorable Mayor and Members of City Council
December 21,2009
Page 2
2, Bike Rack Design Competition - The RAC will work with Ride Solutions, a
service of the Roanoke Valley-Alleghany Regional Commission, and issue a
call to artists to design one or more unique Roanoke bike racks. This mayor
may not include fabrication. A Ride solutions proposed $3,000 match is
dependent on receipt of a grant.
Budget: $3,000
3. AIR (Art in Roanoke) II - For the first AIR project, eight sculptures were
placed in various locations in the City. Two of those are being purchased
"Rainbow Children" and "Recoil", for' inclusion in the City's permanent
collection, Purchase funds for "Rainbow Children" were included in the
previous AIR budget. "Happy Wanderers" was moved to a new location and
will remain there for AIR II, The RAC proposes to place new pieces at the
remaining six sites and add one new site in the plaza behind the Market
Parking Garage for a total of six new pieces, The show will once again have
an eighteen month run,
Budget: $34,000
This proposed work plan would allocate $63,500 of the approximately $120,000 in
the Percent for the Art funds (08-610-9929,)
Recommended Action:
Adopt the attached resolution which approves the Public Art Action Plan for
calendar year 2010.
Adopt the accompanying budget ordinance to transfer funding of $63,500 from
account 08-610-9929 to three new accounts to be established by the Director of
Finance in the Capital Projects Fund. Three new accounts will be established to
separately track the projects outlined above,
Respectfully submitted,
Darlene L. Burcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Susan Jennings, Public Art Coordinator
Douglas Jackson, Chair Roanoke Arts Commission
CM09-00216
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 21 , 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: October Financial Report - City of Roanoke
September Financial Report - Roanoke City Public Schools
The following financial report provides commentary on the City's financial results for
the first four months of this fiscal year.
General Fund revenues through October of FY1 0 are 1.5% or $1,072,000 below last
year as presented in the accompanying financial statement. However, revenues in
total are impacted by a revenue recognition policy change in the Charges for Services
category. Adjusted for this change, total revenues are down $804,000 or 1.1 %, Real
Estate Tax collections have increased over last year and the total levy for FY1 0 grew
2% as a result of commercial growth and new construction. Other local taxes, most
notably the local portion of the state sales tax, have declined due to current economic
impacts.
Honorable Mayor and Members of Council
December 21 , 2009
Page 2
The current expenditure budget for FY1 0 represents a 1.4% decrease from the budget
as of October FY09 due primarily to budget reduction measures including reductions
in the number of employee positions, employee benefits, and programs and services,
As of October, actual expenditures are down 2.5% compared to the first four months
of FY09 largely driven by decreased costs in Public Works, Public Safety, and Parks,
Recreation, and Cultural. Both positive and negative variances are discussed in the
expenditure section of this narrative.
Revenues:
Overall revenues are lagging behind budget estimates and we expect this to
continue through the current fiscal year. The current revenue shortfall for FY1 0 is
projected at approximately $9 million for FY1 0 compared to the adopted budget.
This would mean a decrease of 3.5% compared to the original adopted budget and
would place FY1 0 revised revenues at 4.8% below FY09 unaudited revenues. The
downward revenue adjustment is established with conservative assumptions
because the City's local tax revenue declines have just slightly begun to show
improvement. At this stage in the fiscal year, it is prudent to develop conservative
revisions to enable the City to manage the shortfall with low risk that we will again
downward adjust these estimates later this fiscal year. Some of our significant local
taxes, especially the sales tax, remain below FY09 levels by significant amounts as
further described in this report. These trends, coupled with funding reductions of
$1.5 million announced by the Commonwealth and our expectations that some
Spring taxes, such as Business License Tax and Personal Property Tax, will perform
poorly, combine to produce this revised estimate.
Commentaries on significant variances are shown below.
General Property Taxes increased 1.5% or $591,000 compared to FY09 due to
growth in real estate assessments. The total levy for real estate increased 2.0% and
collections so far in FY10 are ahead of FY09, Partially offsetting the increase in this
category is a decline in personal property tax revenue due to lower monthly billings
and. higher refunds. However, the due date for the majority of FY10 personal
property taxes is not until the second half of the fiscal year.
Honorable Mayor and Members of Council
December 21, 2009
Page 3
Other Local Taxes decreased 7.6% or $985,000 compared to FY09. The majority of
our local taxes are trending lower due to the negative impact of the national economic
decline. Sales tax revenues, which began to decline in January 2009, are 17.7% lower
this year through October sales, Food and Beverage, Transient Occupancy, and
Cigarette taxes have also declined compared to last fiscal year by 3.2%, 8.7%, and
10.1%, respectively.
Permits. Fees. and Licenses decreased 47.5% or $207,000 compared to FY09. New
construction has slowed due to the declining economy, resulting in lower permit
revenues. The number of permits obtained during the first four months of this
fiscal year decreased compared to last year. In addition, there were several
commercial permits obtained in early months of FY09.
Revenue from the Use of Monev and Property fell 26.6% or $97,000 compared to
FY09 due to the loss of rental income from State employees vacating space at the
Commonwealth Building.
Intergovernmental revenues increased 1.2% or $167,000 over last year. The
Variance is primarily due to net increases in social services revenues, most notably
reimbursements for day care expenditures paid by the City, It is important to note
that this category will be impacted by $1.5 million in Commonwealth budget
reductions to constitutional officers as well as reduced funding for law enforcement,
libraries, and various social services.
Charges for Services decreased 13.4% or $354,000 compared to FY09 due in part to
a timing difference and a change in revenue recognition policy. This change was
implemented July 1, 2009. Though it impacts results in the current report, this is
not expected to alter revenue in this category for the fiscal year as a whole. Also
contributing to the decline in this category is lower revenue received for housing
federal prisoners and prisoners from other localities.
'Internal Services decreased 31.6% or $248,000 due primarily to a timing difference
in the receipt of payment for school playgrou~d services. The payment was received
Honorable Mayor and Members of Council
December 21 , 2009
Pag e 4
in October last year, but has not yet been received in the current year. Also
contributing to the variance is a decline in building maintenance revenues compared
to FY09 when billings were made for repairs and maintenance at the Market
Building.
Expenditures:
The fiscal year 2010 General Fund expenditure budget totals $257.9 million and
includes funding of approximately $1 million to cover contracts and purchase orders
made during fiscal year 2009 but not paid by the end of that year. The General
Fund expenditures and encumbrances through October were $95.6 million and
represent a decrease of 2.5% or approximately $2.4 million compared to FY09.
With the lower revenue outlook for FY10, several expenditure reduction strategies
were implemented during the first quarter. They include the deferring of planned
expenditures for fleet replacement and technology capital, a hiring freeze, and
managing the budget contingency conservatively. In addition, Department
Managers, Constitutional Officers, and Council Appointed Officers have been asked
to develop budget reduction options of 15% to 30% of their year to date unexpended
budget. The development of these plans will help define additional expenditure
reductions necessary to address the revised revenue outlook.
Expenditure variances are discussed in the following sections.
Judicial Administration decreased 9.9% or $276,000 through October. The primary
cause of the decline in this category is due to decreased billing from the Roanoke
Valley Juvenile Detention Center. The number of juveniles held at this facility has
decreased 38%. In addition, the billing rate decreased from $158 per day to $153.
Both components of the decrease are driven by a reduction in the number of
Roanoke juveniles housed at the Detention Center.
Public Works expenditures declined 8.5% or $1.0 million due primarily to a decrease
in street paving costs. FY09 costs were higher than normal due to ~arry over FY08
contracts.
Honorable Mayor and Members of Council
December 21, 2009
Page 5
Parks. Recreation and Cultural expenditures decreased 14.6% or $671,000 from
FY09, The budgeted expenditures in this category decreased 14.2% from the
budgeted total in FY09. Roanoke Arts Commission expenditure reductions of 20%
were planned for FY10 including the elimination of funding for the Arts Festival.
Also contributing to the variance in this category is a reduction in Event Zone
expenditures, program activities, and decreased advertising.
Nondepartmental expenditures increased 38.2% or $309,000. There was a
significant increase in transfers to the Grant Fund as of October compared to the
prior fiscal year. However, this variance was related .to timing and overall
expenditures in this category are expected to be within budget for the year.
Civic Facilities Fund:
Prior year results are not fully comparable since the City and Global Spectrum
accounting methods differ. Comparisons between years will focus on the Operating
Income or Loss measure as well as the Change in Net Assets which provides a
meaningful comparisons.
The Operating Loss for FY10 year to date improved by 4.4% or $34,000 when
compared to FY09. The Loss Before Transfers and Contributions was $920,260 or a
4.4% improvement compared to prior year. The transfer from the Capital Projects
Fund of $47,447 is for acoustical improvements at the Special Events Center. The
improved financial performance at the Civic Center was driven by improvement in
events, marketing and attendance which impact revenues and tightened expense
controls.
Global Spectrum management of the Civic Center operations continues to bring
improvements in the quality and quantity of events, There were thirty-six events in
October, bringing the year to date paid attendance to 51,708. The Civic Center
attendance was ahead of budget by 20% or 8,708 attendees and events were ahead
of budget by 44% or 28 events. We are beginning to see improvements in the
Honorable Mayor and Members of Council
December 21, 2009
Pag e 6
financial performance as the economy rebounds and Global Spectrum contracts and
markets events.
Parking Fund:
Operating Income for the 2010 fiscal year to date reflects a decline of 29.9% or
$81,000 compared to FY09. This decline was the result of a 4.9% decrease in
revenues and an increase in expenses of 5.2%. Lancor, our management firm for
the parking garages, continues marketing services to downtown businesses to
improve the revenue shortfall and are working to minimize expenses.
~ A reduction of leased spaces by two major customers had a significant negative
impact on revenues for Church and Tower garages.
~ Increased Op~ratihg Expense continues to be driven by higher uti.lity costs,
maintenance costs, and management fees.
Market Building Fund:
The Market Building results reflect an improvement in the Operating Loss of
$149,000 for the current year when compared to the prior year. When FY09
performance is adjusted to remove the 2009 repair and maintenance expenses,
FY10 Operating Loss was $5,000 more than FY09. Revenues were down 10.2% in
FY10 while expenses were down by 3.3% after adjusting for the 2009 repairs and
maintenance.
~ The Market Building revenue variance was driven by two additional vendor
vacancies in FY1 0 as compared to the same time in FY09.
~ The transfer from the Capital Projects Fund of $2.2 million is for Market
Building renovations,
Honorable Mayor and Members of Council
December 21, 2009
Pag e 7
Roanoke City Public Schools:
Financial performance on 'Roanoke City Public Schools is reported to City Council on
a quarterly basis. These results are reported on a one-month lag compared to City
results based on the timing of School Board and City Council meetings.
Accordingly, this report includes results through September. School General Fund
revenues have increased 4.2% compared to FY09, driven by a Sales Tax variance of
160% due to reporting for FY1 0 including 3 months of sales tax versus FY09 first
quarter results including only one month. Expenditures and encumbrances are
down 11.4% in FY1 0 compared to FY09. Instruction expenses were down 19% due
to a change in the funding for instructional personnel which were previously funded
through the General Fund. The Regular Education program area set up a mentoring
program in FY1 0 using Title I funding in the first quarter. In addition, the Special
Education program area used grant moneys to fund Classroom Aides. Overall,
school instruction personnel were approximately the same in both years.
In closing, we continue to experience a difficult year with many challenges. The
national economy is improving at a slow pace and the impact to the City on the local
tax revenue side continues. The City works to be proactive in addressing financial
responsibilities and to manage expenditures accordingly. Please call me with any
questions you have on the City financial statements, I will be glad to assist you.
Sincerely,
1Qt)~
Ann H. Shawver
Director of Finance
Attachments
Honorable Mayor and Members of Council
December 21, 2009
Page 8
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
Deborah J. Moses, Parking Facilities Manager
Chris Connolly, General Manager, Global Spectrum
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Intergovernmental
Charges for Services
Internal Services
Transfers From Other Funds
Miscellaneous Revenue
Total
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and Cultural
Community Development
Transfer to Debt Service Fund
Transfer to School Fund
Nondepartmental
Total
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009
STATEMENT OF REVENUE
(UNAUDITED)
Current Actual
Revenue July 1 . October 31
Budget 2009 - 2010
$ 100,966,000 $ 39,167,275
72,499,000 11 ,997,189
1,166,000 228,830
1,472,000 472,986
597,000 268,900
69,168,307 14,048,161
7,855,000 2,286,871
2,637,000 536,841
20,000 20,000
505 000 277 679
$ 256,885,307 $ , 69,304,732
Actual
July 1 . October 31
2008 - 2009
$ 38,575,822
12,982,618
435,627
481,923
366,326
13,880,891
2,641,194
785,184
226,935
$ 70,376,520
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure
Budget
$ 12,736,888
7,880,850
60,330,417
25,813,148
39,417,795
9,805,345
7,078,276
22,175,753
63,847,461
8,828,050
$ 257,913,983
Actual
July 1 - October 31
2009 - 2010
$ 4,269,271
2,517,333
22,768,974
10,693,046
12,630,546
3,938,332
2,432,124
13,919,645
21,282,487
1,120,256
$ 95,572,014
Percent of
Budget
Received
38.8%
16.5%
19.6%
32.1%
45.0%
20.3%
29.1%
20.4%
100.0%
55.0%
27.0%
FY10 vs FY09
Variance
1.5 %
-7.6 %
-47.5 %
-1.9 %
-26.6 %
1.2 %
-13.4 %
-31.6 %
100.0 %
22.4 %
-1.5 %
Actual Percent of
July 1 - October 31 Budget FY10 vs FY09
2008 - 2009 Obligated Variance
$ 4,569,402 33.5% -6.6 %
2,793,228 31.9% -9.9 %
23,464,330 37.7% -3.0 %
11,682,607 41.4% -8.5 %
12,795,314 32.0% -1.3 %
4,609,576 40.2% -14.6 %
2,637,997 34.4% -7.8 %
13,524,825 62.8% 2.9 %
21,115,820 33.3% 0.8 %
810,842 12.7% 38.2 %
$ 98,003,941 37.1% -2.5 %
1
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009
(UNAUDITED)
FY 2010
FY 2009
Ooeratina Revenues
Rentals
Event Expenses
Advertising
Admissions Tax
Facility Surcharge/Ticket Rebate
Commissions
Ancillary
Miscellaneous
$
637,326
381,080
16,668
107,812
85,625
27,543
28,776
22,667
$
221.010
54,885
18.668
53,319
51 ,763
18.794
22.538
860
Total Operating Revenues
. 1,307,497
441,837
Ooeratina Exoenses
Personal Services
Operating Expenses
Management Fees
Depreciation
332,323
1.298,500
104,080
311.320
546,403
377,329
290,468
Total Operating Expenses
2,046.223
1,214,200
Operating Loss
(738,726)
(772,363)
Nonooeratina Revenues/(Exoenses)
Other
Investment Income
Interest Expense
15.654
5.791
(202,979)
14,849
6.723
(211,704)
Net Nonoperating Expenses
(181,534)
(190,132)
Loss Before Transfers and Contributions
(920,260)
(962,495)
Transfers and Contributions
Transfer from Capital Projects Fund
Transfer to Debt Service
47,447
(49,684)
(50,559)
Net Transfers and Contributions
(2,237)
(50,559)
Change in Net Assets
$
(922,497)
$ (1,013,054)
NOTE: Differences in operating and accounting methods used by the City and Global Spectrum diminish the
meaningfulness of comparisons between FY09 and FY10 above the "Operating Loss" line.
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009
(UNAUDITED)
FY 2010 FY 2009
OperatinQ Revenues
Market Garage $ 106,618 $ 122,287
Elmwood Park Garage 172,565 17{~094
Center in the Square Garage 97,860 97,336
Church Avenue Garage 197,495 222,728
Tower Garage 139,121 169,794
Gainsboro Garage 48,600 41,172
Campbell Garage 8,160 6,595
Williamson Lot 30,038 28,008
Higher Ed Center Lot 20,278 20,828
Market Lot 7,257 7,984
Elmwood Lot 27,474 25,500
Warehouse Row Lot 12,125 11,913
West Church/YMCA Lots 8,757 8,757
Parking Violations (All Locations) 14,689 3,253
Total Operating Revenues 891,037 937,249
OperatinQ Expenses
Operating Expenses 423,629 396,174
Depreciation 278,552 271,612
Total Operating Expenses 702,181 667,786
Operating Income 188,856 269,463
Nonoperatina Revenues/(Expenses)
Investment Income 8,586 21 ,382
Interest Expense (154,254) (166,530)
Net Nonoperating Expenses (145,668) (145,148)
Income Before Transfers and Contributions 43,188 124,315
Transfers and Contributions
Transfers In 11,491
Net Transfers and Contributions 11,491
Change in Net Assets $ 43,188, $ 135,806
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009
(UNAUDITED)
FY 2010
FY 2009
Operatina Revenues
Charges for Services
$
70,058
$
77,980
Total Operating Revenues
70,058
77,980
Operatina Expenses
Other Services and Charges
Depreciation
71,831
33,216
229,703
31 ,948
Total Operating Expense.s
105,047
261,651
Operating Loss (34,989) (183,671 )
Nonoperatina Revenues
Investment Income 4,156 2,793
Net Nonoperating Revenues 4,156 2,793
Loss Before Transfers & Contributions (30,833) (180,878)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062 (1 )
Net Transfers and Contributions 2,205,062
Change in Net Assets $ 2,174,229 $ (180,878)
(1) Funding for Market Building renovation.
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED OCTOBER 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 OCTOBER 31, 2009.
BALANCE AT
SEP 30, 2009
CONSOLIDATED FUNDS $90,680,217.39
RECEIPTS
$28,939,823.90
BALANCE AT
DISBURSEMENTS, OCT 31, 2009
$40,386,665.02 $79,233,376.27
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING OCTOBER 31,2009. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN WACHOVIA BANK
CASH IN HOMETOWN BANK
CASH IN VALLEY BANK
INVESTMENTS:
WACHOVIA OVERNIGHT SWEEP ACCOUNT
LOCAL GOVERNMENT INVESTMENT POOL
SMITH BARNEY GOVERNMENT MONEY MARKET FUND
CERTIFICATES OF DEPOSIT
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$17,426.27
290,901.80
100.00
1,495.20
3,541,000.00
6,329,508.19
6,209,909.30
24,556,317.04
4,000,000.00
7,121,821.47
27,164,897.00
$79,233,376.27
NOVEMBER 18, 2009
5
BALANCE AT
OCT 31, 2008
$92,770,818.54
Revenue Source
State, Excluding Sales Tax
State Sales Tax
State Stabilization Funds
Federal Revenue
Other Revenue
Transfer from the City of Roanoke
Total
Expenditures
Instruction
Administration, Attendance and Health
Transportation
Operations and Facilities
Debt Service
Total
CITY OF ROANOKE, VIRGINIA
SCHOOL GENERAL FUND
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009
(UNAUDITED)
Current
Revenue
Budget
$ 60,438,043
11,500,000
4,378,625
100,000
2,669,325
63,847,461
$ 142,933,454
STATEMENT OF REVENUE
Actual
July 1 - September 30
2009 - 2010
$ 12,828,335
2,721,704
-
7,203
389,346
15961 865
$ 31,908,453
Actual
July 1 - September 30
2008 - 2009
$ 13,136,892
1,045,410
7,402
602,331
15,836,865
$ 30,628,900
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Current
Expenditure
Budget
$ 100,150,000
10,500,000
7,386,417
14,877,172
10,019,865
$ 142,933,454
Actual
July 1 - September 30
2009.2010
$ 11,949,742
2,365,169
1,699,828
2,882,241
5,863,997
$ 24,760,977
Actual
July 1 - September 30
2008 - 2009
$ 14,766,912
2,204,759
1,353,261
4,304,962
5,329,536
$ 27,959,430
Note: The Food Services and Athletics Funds are not included in this financial statement.
6
Percent of
Budget
Received
21.2%
23.7%
0.0%
0.0%
14.6%
25.0%
22.3%
Percent of
Budget
Obligated
11.9%
22.5%
23.0%
19.4%
58.5%
17.3%
FY10 vs FY09
Variance
-2.3 %
160.3 %
0.0 %
-2.7 %
-35.4 %
0.8 %
4.2 %
FY10 vs FY09
Variance
-19.1 %
7.3 %
25.6 %
-33.0 %
10.0 %
-11.4 %
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009
(UNAUDITED)
FY 2010 FY 2009
Additions/(Reductions ):
Employer Contributions $ 3,403,309 $ 4,043,504
Investment Income
Net Appreciation/(Depreciation) in Fair Value of Investments 26,341,754 (74,937,635)
Interest and Dividend Income 1,560,083 2,699,693
Total Investment Gain/(Loss) 27,901,837 (72,237,942)
Less Investment Expense 85,430 83,864
Net Investment Gain/(Loss) 27,816,407 (72,321,806)
Total Additions/(Reductions) $ 31,219,716 $ (68,278,302)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase/(Decrease)
$ 9,172,887 $ 8,663,169
9,743 8,108
9,182,630 8,671,277
22,037,086 (76,949,579)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance October 31
266,428,241
$ 288,465,327
344,383,415
$ 267,433,836
7
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
OCTOBER 31, 2009
(UNAUDITED)
FY 2010 FY 2009
Assets
Cash* $ $ 1,133,166
Investments, at Fair Value 290,883,115 268,470,523
Due from Other Funds 817 1,048
Total Assets $ 290,883,932 $ 269,604,737
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,416,782
1,823
$ 2,170,422
479
Total Liabilities
2,418,605
2,170,901
Net Assets Held in Trust For Pension Benefits
$ 288,465,327
$ 267,433,836
* Negative cash balance of $115,230 is reported as Due to Other Funds. Cash balance fluctuates
based on the timing of transfers from Investments and is not reflective of a change in cash availability.
'-
8
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Te!ephofle: (540) 853-2821
Fax: (540)853-6142
JOHN W. BINGHAM, CPA
Assistattt Director ofFinaflce
ANN H. SHAWVER, CPA
Director ofFirumce
ANDREA F. TRENT
Assistant Director of Finance
December 16, 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 AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B, Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
The Department of Finance prepares preliminary revenue estimates for the upcoming
budget each December and utilizes these to prepare a computation of local revenues to
share with Roanoke City Public Schools. In a normal economy, when revenues are rising,
both the City and Schools share in growth in local taxes using our formula for local tax
revenue sharing. Likewise, in times of local tax decline, the formula calls for both parties
to share in the decline. Unfortunately, for bothour revised projections for FYl 0 and our
preliminary estimates for FY1 1, we are projecting declines when compared to theFYl 0
adopted budget, thus funding available to both the City and Schools is again declining,
I am providing this short update to City Council in advance of sending computations to
Roanoke City Public Schools to keep Council members informed about our current budget
projections. I make comments each month when presenting our monthly financial report,
therefore members of Council are familiar with the fact that we continue to be in revenue
decline compared to the prior year. While we are starting to see a very slight
improvement in some of our local taxes, we continue to remain well below the prior year,
and our overall projections employ conservatism pending a trend of improvement, It is
my hope that I will be able to upward-adjust my projections as the year moves ~Iong,
however at this time, I feel it is prudent to plan in a conservative manner.
FY10 General Fund Revised Projections
Compared to the adooted FY10 revenue budget, we now expect:
· Total revenues to fall short of budget by almost $9 million. Within this, we expect:
o Local taxes to fall short of budget by $7.4 million _
o State revenues to fall short of budget by $1.5 million
o Other revenues to remain very close to budget
Honorable Mayor and Members of Council
December 16, 2009
Page 2
Using the formula for local tax sharing with Roanoke City Public Schools, the resulting
decrease in School funding approximates $2.5 million, compared to the adopted budget.
FY11 General Fund Preliminary Estimates
State budget information will not be released by the Governor's Office until December
18th. Realistically, it will be the first of the year before we have a clear picture of the State
budget impact, Notwithstanding further State cuts beyond those posed in FYl 0, General
Fund preliminary estimates indicate:
. A decline of $6.0 million compared to the FYl 0 adopted budget. The components
of this by major category are:
0' Local taxes which will decline $4.5 million
o State revenues which are currently held at revised FY10 amounts pending
receipt of the Governor's budget - a reduction of $1.5 million compared to
the adopted FYl 0 budget
o Overall, all other revenues which are expected to remain fairly stable
compared to the FYl 0 level
Based on the formula for sharing local taxes with Roanoke City Public Schools, FY11
funding will total $60.6 million, This is a decline of $1,2 million compared to the
funding-formula based allocation in the adopted FY10 budget, and it is a reduction of
$2.2 million when considering the additional funding City Council provided to keep the
Schools level funded compared to the prior year. The current projection for FY11 does
not anticipate adding additional funding to Sc.hools as done in FY10. Similarly, while
FY11 is the year the City hopes to achieve fund ing of $1.5 million in our five year
program to add $2S'million to School funding, at present, this level remains at the
current level of $1 million pending prioritization throughout the budget process.
Summary
Therefore, in summary, the City is faced with the challenge of solving a $9 million
shortfall in FY10 and a $6 million shortfall in FY11. Thus, even though FY11 revenue is
expected to be lower than the FY10 adopted budget, we now forecast an improvement
compared revised FY10 projections as described above, Along these lines, the funding
formula calls for RCPS funding to be reduced by $2.5 million in FY1 0 and by $2.2 million
in FYl1.
Council will recall the very difficult process the City underwent as part of the FY10 budget
balancing process where numerous programs and selVices were reduced and 68 positions
eliminated. The coming budget process will be more difficult when compounded by the
FY10 changes, The coming budget process is certain to be very difficult, and there are
significant challenges facing us in managing the remainder of FY10' as well. I look
fOlWard to working closely with members of Council as we undertake the FY11 budget,
and I would appreciate any comments or feedback you may have at this early stage in the
process.
Honorable Mayor and Members of Council
December 16, 2009
Page 3
I intend to correspond with Roanoke Schools by the close of this week, Please let me
know if you have any questions pertaining to this information,
Sincerely,
rr:J6~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
R. Brian Townsend, Assistant City Manager for Community Development
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director ,of Management and Budget
John W. Bingham, Assistant Director of Finance
Andrea F, Trent, Assistant Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Cindy H. Poulton, Clerk
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 38670-122109 appropriating
funding to be provided by the Series 200 Bonds and transferring funding from the
Monterey Renovation project to various school roofing projects, amending and
reordaining certain sections of the 2009-2010 School Capital Projects Fund
Appropriations and dispensing with the second reading by title of this ordinance.
l The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21, 2009, and is in full
force and effect upon its passage.
Sincerely,
~rn.~~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
K:\Agenda Correspondence\Decernber 21, 2009\Decernber 21,2009 Correspondence. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38670-122109.
AN ORDINANCE to appropriate funding to be provided by the Series 201 O:Bonds
and to transfer funding from the Monterey Renovation project to various School roofing
(
projects, amending and reordaining certain sections of the 2009-2010 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 the following
sections of the 2009~201 0 School Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Schools
Appropriated from 2010 Bond Funds
Appropriated from 201 0 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 201 0 Bond Funds
Appropriated from Literary LoanNPSA
Appropriated from Literary LoanNPSA
Appropriated from Literary LoanNPSA
31-060-9705-9182
31-065-6045-9302
31-065-6046-9302
'31-065-6047-9302
31-065-6048-9302
31-065-6049-9302
31-065-6050-9302
31-065-6051-9302
31-065-6052-9302
31-065-6053-9302
31-065-6054-9302
31-065-6055-9302
31-065-6074-9006
31-065-6091-9006
31-065-6092-9006
"
$(2,500,000)
137,792
472,031
197,411
21,665
269,904
79,258
58,031
563,644
150,351
203,312
346,601
( 12,897)
5,790
7,107
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATT~s;r:
/1f;fi , 'v-~
',.1 . ~IJ), oM
'; ... City Clerk. ~
December 21, 2009
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on December 8, 2009, the
Board respectfully requests City Council approve the following capital
appropriations:
New Capital Appropriations
Crystal Spring $ 137,792
Fallon Park $ 472,031
Governor's School $ 197,411
Highland Park $ 21,665
Morningside $ 269,904
Oakland $ 79,258
Preston Park $ 58,031
Round Hill $ 563,644
Virginia Heights $ 150,351
Wasena $ 203,312
Administration Building $ 346,601
Total $2,500,000
Revised Capital Appropriations (Net Change)
Fairview Roofing Project $ 7,107.02
Forest Park Roofing Project $ 5,790.02
Monterey Renovation S -12,897.04
Total $ 0.00
The School Board thanks you for your approval of the appropriation
request as submitted.
Sincerely,
~~
lton, Clerk
pc: Wil am M. Hackworth, Darlene Burcham, Ann Shawver, Yen Ha,
David B. Carson, Rita D. Bishop, Curt Baker, Margaret Lindsey
p: 540-853-2381 f: 540-853-2951 P,O, Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools, Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
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
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
December 21, 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:
School Board Appropriation Request
On July 20, 2009, City Council approved the Capital Improvement Program (CIP) Update
for FY201 0-2014 and, subsequently, amended the update on August 3, 2009. On
September 8, 2009, City Council authorized the issuance of $13.945 million in bonds
to support capital projects, including $2.5 million for School Roof Repair/Replacement
projects.
As a result of official School Board action on December 8, 2009, the Board respectfully
requests City Council approve the following capital appropriations in accounts to be
established by the Director of Finance:
New Capital Appropriations
Crystal Spring Roofing Project
Fallon Park Roofing Project
Governor's School Roofing Project
Highland Park Roofing Project
Morningside Roofing Project
Oakland Roofing Project
Preston Park Roofing Project
Round Hill Roofing Project
Virginia Heights Roofing Project
Wasena Roofing Project
Administration Building Roofing Project
Total
$ 137,792
472,031
197,411
21,665
269,904
79,258
58,031
563,644
150,351
203,312
346,601
$ 2,500,000
Honorable Mayor and Members of Council
December 21, 2009
. Page 2
Following project completion, residual funding in the Monterey Renovation (31-065-
6074-9006) project account totals $12,897. This funding is available for transfer to
the following School Roofing project accounts: 31-065-6092-9006 Fairview Roofing
Project - $7,107 and 31-065-6091-9006 Forest Park Roofing Project - $5,790,
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
(}6~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M, Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38671~122109.
AN ORDINANCE to appropriate funding from the Roanoke Redevelopment and
Housing Authority for the Adult Basic Education program, amending and reordaining
certain sections of the 2009-2010 School 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 2P09-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teachers
Revenues
Other Agency Receipts
302 -160-0000-1304-1 01 C-611 00-41121-9-07
302-000-0000-0000-101 C-00000-33808-0-00
$ 375
375
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: ' .: . ,
~hi.~~
City Clerk.
December 21, 2009
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on December 8, 2009, the
Board respectfully requests City Council approve the following
appropriations:
Revised:
Adult Basic Education 2008-09
$375
The School Board thanks you for your approval of the appropriation
request as submitted.
Sincerely,
~.P~
Cindy H. )oulton, Clerk
pc: Will iam M. Hackworth
Ann H. Shawver
Rita D. Bishop
Margaret Lindsay
Darlene Burcham
David B. Carson
Curt Baker
Yen Ha (w/details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
December 21 , 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 AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
School Board Appropriation Request
As the result of official School Board action at its December 8th meeting, the Board
respectfully requested that City Council appropriate funding of $375 for FY 2008-09
Adult Basic Education 2008-09 to revenue and expenditure accounts of the School
General Fund,
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
s~()
I{/j[)J1I\~ ~__
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M, Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D, Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 30,2009
CECELlA T. WEBB
Assistant Deputy' City Clerk
Christopher P. Morrill
20 E. 52nd Street
Savannah, Georgia 31405
Dear Mr. Morrill:
I am enclosing copy of Resolution No. 38672-122109 electing and appointing you
as City Manager for the City of Roanoke, effective March 1, 2010, or such earlier
date that you may be able to assume such position; and ratifying the terms and
conditions of employment as City Manager offered to you.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21,2009.
Also, enclosed you will find a Certificate of your appointment, and an Oath or
Affirmation of Office which will need to be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the fourth floor, Courthouse Facilities
Building, 315 Church Avenue, S. W., Roanoke, Virginia.
Please return one copy of the Oath of Office to the undersigned prior to
assuming your duties as the City Manager.
Sincerely,
~=.~~~
City Clerk
Enclosures
, K:\Agenda CorrespondencelDecember, 21, 2009IDecember 21,2009 Correspondence. doc
Christopher p, Morrill
December 30, 2009
Page 2
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Jody Lawson, Payroll and System Administrator
Carolyn Glover, Acting Director, Human Resources
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
vJlt \(
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38672-122109.
A RESOLUTION electing and appointing Christopher P. Morrill as City Manager for the City
of Roanoke, and ratifying the terms and conditions of employment as City Manager offered to Mr,
Morrill.
/
WHEREAS, the City Council desires to elect and appoint Christopher P. Morrill as Roanoke
City Manager pursuant to the Roanoke Charter of 1952;
WHEREAS, Christopher P. Morrill has agreed to accept election and appointment as City
Manager,
NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Christopher P. Morrill is hereby elected and appointed as City Manager of the City of
Roanoke effective March 1,2010, or such earlier date that he may be able to asslime such position.
\
2. The terms and conditions of Mr. Morrill's election and appointment as City Manager
shall be as hereinafter set forth:
(a) His annual salary shall be $170,000.00 payable bi-weekly;
(b) Beginning the first pay day after July 1,2010, the City shall pay annually quarterly on
behalf of Mr. Morrill the sum of $3,750.00 to the International City Management
Association-Retirement Corporation (ICMA-RC) for Mr. Morrill's participation in such
ICMA-RC retirement plan, and the City shall execute any necessary agreements to
provide for such payment;
(c) Recognizing that the job requirements of City Manager routinely require the use of an
automobile in the conduct of official City business, Mr. Morrill shall be provided a car
K:\Measures\Monill eM.doc
allowance of $500.00 per month, and a monthly cell phone allowance of $75.00, unless
the City provides Mr. Morrill with such a telephone;
(d) The City shall put into force on Mr. Morrill's behalf a disability insurance policy
providing income benefits equivalent to approximately seventy percent (70%) of his net
salary for the duration of any disability and make required premium payments thereon;
(e) Mr. ' Morrill shall receive reimbursement for three trips to Roanoke for house-hunting
and resettlement purposes;
(f) The City shall provide through payroll reimbursement for moving expenses based upon
the lowest ofthree estimates;
(g) The City shall reimburse Mr. Morrill for his family's temporary reasonable lodging
expenses in the City, if necessary, until July 1, 2010. Such lodging arrangements shall
be pre-approved by the City;
(h) Mr. Morrill shall receive paid leave accrual (vacation) equivalent to a ten-year
employee pursuant to ~2-54 of the Code of the City of Roanoke (1979), as amended,
and two (2) weeks accrued leave as of his start date;
(i) Mr. Morrill shall receive extended illness leave accrual (sick leave) at the rate of six (6)
hours per month pursuant to ~~ 2-55 and 2-56 of the Code of the City of Roanoke
(1979), as amended;
G) If the employment of Mr. Morrill is.terminated at any time during his fIrst two years of
employment with the City (except' if terminated for malfeasance or conviction of a
crime), he shall be paid all salary and deferred compensation that would otherwise have
been paid by the City to him for a period of one year after such, termination; if
terminated after two years, Mr. Morrill shall receive six (6) months salary and deferred
compensation; and
K:\Measures\Morrill eM.doc
(k) With respect to benefits and terms and conditions of employment not enumerated in this
resolution, Mr. Morrill shall be accorded such benefits and shall be subject to such
terms and conditions on the same basis as other similarly situated employees of the
City.
3. Mr. Morrill will make arrangements to qualify for office by taking the required oath of office as
soon as practicable.
ATTEST:
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City/Clerk.
K:\Measures\Morrill eM.doc
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 twenty-first day of December 2009; Christopher
P. Morrill was elected and appointed as the City Manager for the City of
Roanoke, Virginia.
Given under my hand and the Seal of the City of Roanoke this thirtieth day of
December 2009.
~ m.hho.v
City Clerk ' -, ~
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Warner Dalhouse, President
204 Jefferson Condominium Owners Association
204 S. Jefferson Street, Unit 10
Roanoke, Virginia' 24011
Dear Mr. Dalhouse:
I am enclosing copy of Ordinance No, 38673-122109 accepting the bid of 204
Jefferson Condominium Owners Association to execute a 20 year lease
agreement to lease air rights above City-owned property between the City's
Center in the Square Garage and the 204 Jefferson Street Building, upon certain
terms and conditions; authorizing the City Manager to execute such a lease
agreement; authorizing the City Manager to take such further action and execute
such further documents as may be necessary to implement, administer, and
enforce such lease agreement; and dispensing with the second reading by title of
this Ordinance,
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21, 2009, and is in full
force and effect upon its passage.
Sincerely,
~ tn. Yvt()~
Stephanie M. Moon,CMC V
City Clerk
Enclosure
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
Warner Dalhouse
December 30,2009
Page 2
pc: C. Cooper Youell, IV, Counsel, 26 W. Kirk Avenue, S, W" Roanoke,
Virginia 24011
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Debbie Moses, Parking Coordinator
K:\Agenda Correspondence\December 21, 2009\December 21, 2009 Correspondence. doc
p:(.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38673-122109.
AN ORDINANCE accepting the bid of204 Jefferson Condominium Owners Association
to execute a twenty (20) year Lease Agreement to lease Air Rights above City owned property
between the City's Center in the Square Garage and the 204 Jefferson Street Building, upon
certain terms and conditions; authorizing the City Manager to execute such a Lease Agreement;
authorizing the City Manager to take such further action and execute such further documents as
may be necessary to implement, administer, and enforce such Lease Agreement; and dispensing
with the second reading by title of this Ordinance.
WHEREAS, the City has, by advertisements published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution of a twenty (20) year Lease Agreement to lease Air Rights above City owned property
as set forth above;
WHEREAS, on December 21, 2009, 204 Jefferson Condominium Owners Association
submitted the only bid to the City for the execution of a twenty (20) year Lease Agreement to
lease Air Rights above City owned property 'between the City's Center in the Square Garage and
the 204 Jefferson Street Building (204 Building or Colonial Arms Building) in order to allow for
the continued connection of a pedestrian bridge to connect the City's Center in the Square
Garage to the 204 Building upon substantially the same terms as ~ontained in the proposed Lease
Agreement that was on file in the City's Clerk's Office;
O-Lease-204 Jefferson.doc
1
WHEREAS, the matter was referred to the City Manager for review, evaluation, and to
meet with the bidder (204 Jefferson Condominium Owners Association) to finalize the terms
and conditions for such Lease Agreement;
WHEREAS, discussions between the City Manager and 204 Jefferson Condominium
Owners Association have resulted in a Lease Agreement that provides for the lease of City Air
Rights above City owned property between the City's Center in the Square Garage and the 204
Building in order to provide for' the continued connection of the pedestrian bridge connecting
those buildings and for the complete and proper maintenance, operation, and/or replacement of
such pedestrian bridge, upon certain terms and conditions, for a period of twenty (20) years,
starting on April 1, 2010, and ending at midnight on March 31, 2030, unless sooner terminated as
provided for in such Lease Agreement or in accordance with the law;
WHEREAS, the City Manager recommends that Council accept the bid of 204 Jefferson
Condominium Owners Association and approve the execution of such Lease Agreement, a copy
of which is attached to the City Manager's letter to Council dated December 21,2009;
WHEREAS, after proper and timely notice as required by the Code of Virginia, Council
held a Public Hearing on this matter at its meeting on December 21, 2009, at Which hearing all
parties in interest and citizens were given an opportunity to be heard, both for and against the
proposed Lease Agreement; and
WHEREAS, Council determined that the bid of 204 Jefferson Condominium Owners
Association to execute a Lease Agreement as set forth above, upon certain terms and conditions,
was a responsive and responsible bid received by the City and Council desires to accept such bid.
O-Lease-204 Jefferson.doc
2
. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council accepts the bid of 204 Jefferson Condominium Owners Association and
hereby makes an award for the lease ofthe above mentioned City's Air Rights to 204 Jefferson
Condominium Owners Association, subject to certain terms and conditions as further noted in
the City Manager's letter dated December 21,2009, to this Council. Council further finds that it
will be in the best interest of,the City to award the lease of the above mentioned City Air Rights
as set forth in the proposed Lease Agreement and will help in promoting economic development
in downtown Roanoke.
2. The City Manager is authorized to execute a twenty (20) year Lease Agreement
, ,
between the City and 204 Jefferson Condominium Owners Association that provides for 204
Jefferson Condominium Owners Association to be responsible for the complete and proper
maintenance, operation, arid/or replacement of the pedestrian bridge connecting the City's
Center in the Square Garage to the 204 Building, including the bridge's proper connection to
such building, and that such Lease Agreement shall be substantially similar to the one attached to
the above mentioned City Manager's letter and in a form approved by the City Attorney.
3 The Lease Agreement referred to above shall be for a term of twenty (20) years,
starting on April 1, 2010, and ending at midnight on March 31, 2030, unless sooner terminated as
provided for in such Lease Agreement or in accordance with the law.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as may be necessary to implement, administer, and enforce such
f
Lease Agreement, which includes, but is not limited to, any needed modifications to such Lease
Agreement.
O-Lease-204 Jefferson.doc
3
5. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST: r,/
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City Clerk . ;. .. .
O-Lease-204 Jefferson,doc
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
December 21, 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 AnitaJ, Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Award to 204 Jefferson
Condominium Owners
Association of a Lease of Air
Rights above City Owned
Property between the City's
Center in the Square Garage
and the 204 Jefferson Street
Building
Background:
204 Jefferson Condominium Owners Association requested an air rights lease
in order to allow for continued connection of a pedestrian bridge that exists
between the 204 Jefferson Street Building and the City's Center in the Square
Garage. The current permit agreement for use of this air space will expire on
March 31, 2010. The lease term requested is for a twenty year period, Due to
the length of the lease term, the Code of Virginia requires that the proposed
lease be advertised for bidding by the public and a public hearing be held on
the matter. On December 7, 2009, City Council authorized the scheduling
and advertising for bids on this matter and for a public hearing and opening
of bids on December 21, 2009,
Considerations:
Public advertisements for an Invitation for Bids and for a Public Hearing on
this matter were placed in the Roanoke Times on December 9 and 16, 2009,
as required by the Code of Virginia, A copy of the necessary Bid Form,
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
Proposed Lease Agreement with Exhibits, and proposed Ordinance were
made available to the public in the City Clerk's Office on and after December
9, 2009, Bids were to be submitted to the City Clerk on or before Noon, 12
p,m., local time, on Monday, December 21, 2009. All such bids received at or
before that time were held by the City Clerk, unopened, until 2:00 p.m" local
time, Monday, December 21, 2009, at which time they were delivered to the
Council Chambers and publicly opened and read aloud, all in accordance with
Section 15.2-2102 Code of Virginia (1950), as amended.
One written bid for the lease of the above mentioned Air Rights was received
by the City Clerk on or before Noon, 12 p,m., December 21, 2009. This bid
was opened and read aloud at the 2:00 pm session of City Council in Council
Chambers located in Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, SW, Roanoke, Virginia 24011. The bid was from the 204
Jefferson Condominium Owners Association for the above mentioned air
rights lease, subject to certain terms and conditions as contained in the
proposed Lease Agreement that was made available to the public as
mentioned above. The matter was referred to the City Manager for review,
evaluation, and to finalize the terms and conditions of such Lease
Agreement. The final terms and conditions are subject to approval by
Council. A copy of the proposed Lease Agreement, with Exhibits, is attached
to this letter.
The Lease Agreement provides that the term is for twenty (20) years, starting
on April 1, 2010, and ending at midnight on March 31, 2030, unless sooner
terminated as provided for in the Lease Agreement or in accordance with the
law. The 204 Jefferson Condominium Owners Association will pay a one time
payment of Thirteen Thousand Five Hundred Forty Eight and 60/100 Dollars
($13,548.60) for the rent for the Airspace covered by this Lease Agreement,
which amount will be paid in twenty (20) annual payments of Six Hundred
Seventy and 43/100 Dollars ($677.43), subject to the terms and conditions
of the proposed Lease Agreement.
After proper and timely Notice as required by the Code of Virginia, Council
held a public hearing on this matter at its 7:00 p,m, meeting on December
21, 2009, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed Lease
Agreement.
The City Manager recommends that Council accept the bid of 204 Jefferson
Condominium Owners Association on this matter and approve the execution
of the proposed Lease Agreement, a copy of which is attached to this letter.
Honorable Mayor and Members of City Council
December 21, 2009
Page 3
Recommended Action:
That Council accept the bid of 204 Jefferson Condominium Owners
Association and award the Lease Agreement to such entity,
Authorize the City Manager to execute a twenty (20) year Lease Agreement
between the City and 204 Jefferson Condominium Owners Association that
provides for the 204 Jefferson Condominium Owners Association to be
responsible for the complete and proper maintenance, operation, and/or
replacement of the pedestrian bridge connecting the City's Center in the
Square Garage to the 204 Jefferson Street Building, including the bridge's
proper connection to such Building, and that such Lease Agreement will be
substantially similar to the one attached to this letter, and in a form
approved by the City Attorney.
Authorize the City Manager to take such further actions and to execute such
further documents as may be necessary to implement, administer, and
enforce such Lease Agreement, which includes, but is not limited to, any
needed modifications to such lease Agreement.
''),'''"
<,.
"~
"Re.spectfully submitted,
/
-'
Darlene L. Bu cham
City 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
Debbie Moses, Parking Coordinator
C. Cooper Youell, IV, Counsel for 204 Jefferson Condominium Owners
Association
--
/'
LEASE AGREEMENT
BETWEEN THE CITY OF ROANOKE., VIRGINIA.
AND 204 JEFFERSON CONDOMINIUM OWNERS ASSOCIATION
FOR USE OF CITY AIRSPACE
This Lease Agreement for the use of City Airspace ("Lease Agreement") is dated December 22,
2009, and is by and between the City of Roanoke, Virginia, a Virginia municipal corporation,
("City" or "Lessor"), and 204 Jefferson Condominium Owners Association ("204 Jefferson
COA" or "Lessee").
RECITALS:
WHEREAS, by Ordinance No, 36948-011805, adopted by the Council of the City of Roanoke
on January 18, 2005, Council authorized the execution of a Revocable Permit granting Colonial
Partners, L.L.C. the use of air rights across certain City owned property to allow the construction
of a pedestrian bridge to connect the property located at 204 Jefferson Street, identified as Tax
Map No. 4010801, to the City's Center in the Square Garage (formerly the City's Market Square
Parking Garage), identified as Tax Map No. 4010805, upon certain terms and conditions;
WHEREAS, such pedestrian bridge ("pedestrian bridge" or "structure") has been constructed
and does connect the building located at 204 Jefferson Street to the City's Center in the Square
Garage, but such Permit agreement mentioned above expires on March 31,2010;
WHEREAS, the building at 204 Jefferson Street now contains residential condominiums and
Lessee now wants to take over the continued connection, operation, maintenance, and/or
replacement of the pedestrian bridge under a long term}ease agreement with the City;
WHEREAS, the parties have complied with the provisions of Virginia Code Sections 15.2-2100
. et seq. for this Lease Agreement as authorized by Ordinance No. , adopted by
City Council on ; and
WHEREAS, the City and Lessee have agreed to the terms and provisions of a Lease Agreement
of City air rights to allow the continued connection, operation, maintenance, and/or replacement,
of the pedestrian bridge by Lessee and to set forth such terms in this Lease Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
conditions set forth herein, the parties agree as follows:
SECTION 1. TERM.
This Lease Agreement will be for a term of twenty (20) years, starting on April 1, 2010, and
ending at midnight on March 31, 2030, unless sooner terminated as provided for in this Lease
Agreement or in accordance with the law.
SECTION 2. LEASED AIR RIGHTS.
Subject to the terms of this Lease Agreement, the City hereby leases to Lessee certain City air
rights to use the Airspace above property that the City owns located to the east of the 204
Lease for Airspace-204 Jefferson.doc
1
Jefferson Street Building (204 Building) and the City's Center in the Square Garage located at 11
Campbell Avenue, S,E., Roanoke, Virginia, specifically the Airspace needed to allow the
continued connection, operation, maintenance, and/or replacement of the pedestrian bridge
connecting the 204 Building and the City's Center in the Square Garage. A more detailed
description of the Airspace covered by this Lease Agreement is set forth in Exhibit A, which is
attached hereto and made apart hereof (such area referred to hereinafter as "Airspace" or "Air
Rights")~ Lessee specifically agrees that such Air Rights being leased by the City to Lessee shall
only be used for the continued connection, operation, maintenance, and/or replacement of the
pedestrian bridge and for no other purposes or uses without the prior written consent of the City,
in the City's sole discretion,
SECTION 3. RENT.
Lessee shall pay to the City a one time payment in the total amount of Thirteen Thousand Five
Hundred Forty Eight and 60/100 Dollars ($13,548.60) for the rent for the Airspace covered by
this Lease Agreement, which shall be paid in twenty (20) annual payments of Six Hundred
Seventy Seven and 43/100 Dollars ($677.43). Each annual payment shall be made to the City on
or before April 1 of each year, with the payment being made to the "Treasurer, City of
Roanoke," and sent to the attention of the City Manager at the following address:
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W,
Roanoke, VA 24011
In the event any payment is not paid within ten (10) days after the same is due, Lessee shall be
required to pay Lessor a late fee often percent (10%) upon demand. Furthermore, any past due
payments shall also accrue interest at the rate of one percent (1%) per month until the full
amount is paid to Lessor, with any payments being applied first to any interest due.
SECTION 4. MAINTENANCE AND OPERATION OF PEDESTRIAN BRIDGE.
Lessee shall be responsible for the complete and proper maintenance and operation of the
pedestrian bridge, including the bridge's proper connection to both the City's Center in the
Square Garage and the 204 Building, and, if necessary, replacement of such bridge.
Maintenance and operation shall include, but not be limited to, the structural integrity of the
pedestrian bridge, all aesthetic aspects of the structure, and the general cleaning and upkeep of
all elements of the structure. All maintenance work, ordinary as well as extraordinary, and
structural as well as non-structural, shall be made properly and promptly by Lessee, as and when
necessary. All repairs and replacements shall be of a quality and class at least equal to the
original work. Lessee agrees, at its sole expense, to and shall have the pedestrian bridge
inspected by a Virginia licensed professional engineer with an expertise in such bridge structures
and to make any repairs or other work on the pedestrian bridge that may be determined by such
engineer to be necessary to ensure the safety of the pedestrian bridge, Such inspection shall be
done every five years and a copy of the inspection reportshall be furnished to the City, upon
request by the City.
Lease for Airspace-204 Jefferson.doc
2
SECTION 5. UTILITIES.
Lessee shall pay all charges for all utility and any other services of any kind to or for the
pedestrian bridge erected in the leased Airspace, including all hook-up and installation charges,
deposits, and similar charges that may be incurred in connection with such utility and/other
services. Lessee shall, at no expense to the City, make proper provisions for the relocation
and/or installation of any existing utilities and other items which pass through the Airspace,
including the securing of approval and consent from any affected company and other appropriate
entities.
SECTION 6. LOCATION OF CAMERAS. LIGHTING. AND SIGNS.
Lessee has requested to place, install, operate, maintain, repair, use, and/or remove cameras,
lighting, and approved signage in and around the area of the pedestrian bridge. The City grants
Lessee permission to place such items and pre-approved signage,in the leased Airspace subject to
the City's prior written approval, which approval shall not be unreasonably withheld, However,
except for items and signage already installed, Lessee must present the City with sufficient
drawings and/or information, together with any required engineering documentation, to establish
that such items and/or signage will not damage and/or impair the Center in the Square Garage or
the use of the Center in the Square Garage and will not interfere with the City's operation of the
Center in the Square Garage. Lessee agrees that Lessee will be solelytesponsible for all costs,
expenses, and responsibility, including any claims of any type or nature that may be made in
connection with or resulting from the placement, installation, use, operation, maintenance,
repair, removal, and/or any other matters involving any such items or signage and Lessee agrees
to indemnify and hold the City and its Parking Management Company, their employees, agents,
and representatives, harmless from any and all such claims of any nature, including reasonable
attorney's fees, Lessee shall be responsible for all utility and other services, like electric, phone,
etc., in connection with any of the items set forth herein. Lessee shall also be solely responsible
for relocating any sucQ. items and/or signage for any reason whatever, provided the City and/or
the Parking Management Company shall not unreasonably request that such items be relocated.
Lessee further assumes all risks of any type or nature in connection with any such items or
signage, including but not limited to any damage to such items, any theft of such items, or any
vandalism of such items, Lessee agrees that upon the expiration and/or termination of this Lease
Agreement, Lessee shall properly and timely remove any such items and signage that it installed
and restore the areas where such items were installed to the condition they were in prior to the
installation of such items. by Lessee. Lessee. agrees that if Lessee fails to remove such items and
properly restore the areas within thirty (30) days of any such expiration or termination of this
Lease Agreement, that the City may do so and dispose of any such items as the City sees fit and
charge Lessee all costs and expenses of such removal and disposal.
SECTION 7. APPROVAL OF PLANS FOR WORK ON THE PEDESTRIAN BRIDGE.
Lessee shall provide to the City's Parking Coordinator a written request to perform any
construction or other work of any type, other than routine maintenance and minor repairs, on the
pedestrian bridge or that might affect the pedestrian bridge and the Airspace covered by this
Lease Agreement, or any such work that might impact in any way the City's Center in the Square
Garage, Lessee shall submit any such request to the City's Parking Coordinator at least fifteen
(15) days prior to the schedule of any such work, unless an emergency requires a lesser amount
of time, and submit sufficient plans or documentation to allow the City's Parking Coordinator
Lease for Airspace-204 Jefferson.doc
3
and the City's Planning Building and Development Department to review such documents and
plans and approve the same. Approval of appropriate City staff shall be required before any such
work is done, except in the case of an emergency that does not allow for such prior written
approval.
SECTION 8.
COMPLIANCE WITH LAWS. REGULATIONS. AND IMMIGRATION
LAW.
Lessee agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements. Lessee further agrees that
Lessee does not, and shall not during the performance of this Lease Agreement, knowingly
employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of
1986.
SECTION 9. TAXES AND ASSESSMENTS.
Lessee shall pay any and all property, other taxes, and/or other assessments assessed for the
Airspace and/or pedestrian bridge located within such Airspace during the term of this Lease
Agreement. .
SECTION 10. REMOVAL OF STRUCTURE.
At the expiration or termination 0 f this Lease Agreement, or if the structure (pedestrian bridge)
within the Airspace becomes unsafe or fails to meet the provisions of any applicable building,
safety, or other laws or regulations, and Lessee does not or is unable to correct such structural,
safety, or other defects within a reasonable period of time, Lessee agrees to and shall demolish
and/or otherwise remove the pedestrian bridge within the City's Airspace solely at Lessee's costs
and expense, which shall include any loss ofrevenue to the City as the result of any need to close
part or all of the City's Center in the Square Garage during such process. In such event, Lessee
also agrees to remove any items such as cameras, lights, etc. installed in or around the pedestrian
bridge and within the Airspace, all at Lessee's sole expense. All demolition, removal, and
related work required for the removal of the pedestrian bridge and other items together with any
and all work needed to restore the City's Center in the Square Garage to its condition prior to the
construction and installation of such pedestrian bridge shall be done diligently, properly, timely,
and in conformity with all legal and safety requirements and all applicable codes, rules, and
regulations, in a good and workmanlike manner, and in accordance with any reasonable
standards that may also be required by the City.
SECTION 11. INSURANCE REQUIREMENTS.
Lessee, any of its assigns, successors, and any of its contractors involved in this Lease
Agreement shall maintain the insurance coverages as set forth in Exhibit B to this Lease
Agreement and provide the proof of such insurance coverage as called for in Exhibit B, including
workers' compensation if Lessee has any employees. Such insurance coverage shall be obtained
at Lessee's sole expense and maintained during the term of the Lease Agreement and shall be
effective prior to the beginning of any work or other performance.by the Lessee or others under
this Lease Agreement. Additional insured endorsements, if required, must be received by the
City within thirty (30) days of the execution of this Lease Agreement or as otherwise requir~d by
the City's Risk Manager. .
Lease for Airspace-204 Jefferson.doc
4
SECTION 12.. BOND.
A. Lessee agrees to and shall provide and maintain during the entire term of this Lease
Agreement a Bond, or such other security as approved by the City Manager (such as a
letter of credit), (collectively-Bond) in the amount of $15,000.00 to secure Lessee's
performance under this Lease Agreement. Failure to provide and maintain such a bond
shall be grounds for termination ofthisLease Agreement. The form' of the bond shall be
subject to approval by the City.
B. The amount ofthe bond required herein will be reviewed every five (5) years by the City
and may be increased or decreased by the City at the time of each review to reflect the
reasonable costs ofthe performance ofthis Lease Agreement by Lessee at that time. Any
increase or decrease in the amount ofthe bond shall be mutually agreed upon between the
parties, such agreement to not be unreasonably withheld.
SECTION 13. HOLD HARMLESS AND INDEMNITY.
Lessee shall indemnify and hold harmless the City, its Parking Management Company, and their
officers, agents, and employees against any and all liability, losses, damages, claims, causes of
action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting
from or arising out of Lessee's, its members, assignees, employees, agents, or subcontractors
actions, activities, or omissions, negligent or otherwise, on or near City's property or the area
where any services or work is performed or arising in any way out of or resulting from any of the
work or items covered by this Lease Agreement and this includes, without lirn.itation,. any fines
or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful
death, or property damage claims or suits. Lessee agrees to and shall protect, indemnify, and
hold harmless all the parties referred to above from any and all demands for fees, claims, suits,
actions, causes of action, settlement or judgments based on the alleged or actual infringement or
violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus
that may be used in the performance 0 f this Lease Agreement.
SECTION 14. NOTICES.
All notices must he given in writing and shall be validly given if sent by certified mail, return
receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as
follows (or any other address that the party to be notified may have designated to the sender by
like notice):
Ifto the City:
City of Roanoke
City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Facsimile: (540) 853-1138
With a copy to:
Parking Coordinator for the City of Roanoke
106 Shenandoah Avenue .
Roanoke, VA 24016
Facsimile: (540) 853-8299
Lease for Airspace-204 Jefferson.doc
5
If to Lessee:
204 Jefferson Condominium Owners Association
Attention: President
204 South Jefferson Street, Unit 10
Roanoke, VA 24011
With a copy to:
C. Cooper Youell, IV, Esquire
Whitlow & Youell, PLC
26 W. Kirk Avenue
Roanoke, Virginia 24011
Facsimile: (866) 684-7836
Notices shall be deemed to be effective one day after sending if sent by overnight courier or
three (3) days after sending it by certified mail; return receipt requested.
SECTION 15. ASSIGNMENT.
Lessee may not assign or transfer this Lease Agreement in whole or in part except with the prior
written consent of the City, which consent shall not be unreasonably withheld. If consent to
assignment is given, no such assignment shall in any way release or relieve Lessee from any of
the covenants and/or undertakings contained in this Lease Agreement and Lessee shall remain
liable for the Lease Agreement during the entire term thereof.
SECTION 16. SUCCESSORS AND ASSIGNS.
The terms, conditions, provisions, and undertakings of this Lease Agreement shall be binding
upon and inure to the benefit of each of the parties hereto and their respective successors and
assIgns.
SECTION 17. SEVERABILITY.
If any provision of this Lease Agreement, or the application of any provision hereof to a
particular entity or circumstance, shall be held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this Lease Agreement shall not be affected
and all other terms and conditions of this Lease Agreement shall be valid and enforceable to the
fullest extent permitted by law.
SECTION 18. CHOICE OF LAW AND FORUM SELECTION.
This Lease Agreement shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue
for any litigation, suits, and claims arising from or connected with this Lease Agreement shall
only be proper in the. Roanoke City Circuit Court, or in the Roanoke City General District Court
if the amount in controversy is within the jurisdictional limit of such court, and all parties to this
Lease Agreement voluntarily submit themselves to the jurisdiction and venue of such courts,
regardless of the actual location of such parties. The provisions of this Lease Agreement shall
not be construed in favor of or against either party, but shall be construed according to their fair
meaning as if both parties jointly prepared this Lease Agreement.
Lease for Airspace-204 Jefferson.doc
6
SECTION 19. NONWAIVER.
Lessee agrees that the City's waiver or failure to enforce or require performance of any term or
condition of this Lease Agreement or the City's waiver of any particular breach of this Lease
Agreement by 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 Agreement or a waiver of any other
breaches of the Lease Agreement by Lessee and does not bar the City from requiring Lessee to
comply with all the terms and conditions of the Lease Agreement and does not bar the City from
asserting any and all rights and/or remedies it has or might have against Lessee under this Lease
Agreement or by law.
SECTION 20. HEADINGS.
The captions and headings in this Lease Agreement are for convenience and reference purposes
only and shall not affect in any way the meaning and interpretation of this Lease Agreement.
SECTION 21. AUTHORITY TO SIGN.
The persons who have executed this Lease Agreement represent and warrant that they are duly
authorized to execute this Lease Agreement on behalf of the party for whom they are signing.
SECTION 22. NONDISCRIMINATION.
A. During the performance of this Lease Agreement, Lessee agrees as follows:
1. Lessee will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, natio,nal origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of Lessee. Lessee agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause if Lessee desires to hire any
employees.
11. Lessee in all solicitations or advertisements for employees placed by or on behalf
of Lessee will state that Lessee is an equal opportunity employer.
111. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
B. Lessee will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
SECTION 23. RIGHTS CUMULATIVE.
All rights, powers, and privileges conferred hereunder on the City to enforce this Lease
Agreement shall be cumulative, and not restricted to those given by law.
Lease for Airspace-204 Jefferson.doc
7
SECTION 24. REPORTS AND RECORDS.
Lessee agrees to maintain all books, records and other documents relating to this Lease
Agreement for a period of five (5) years after the end of each fiscal year included in this Lease
Agreement. The City, its authorized employees, agents, and/or representatives shall have full
access to and the right to examine, copy, and/or audit any of such materials during the term of
the Lease Agreement in connection with the leased Air Rights and pedestrian bridge to determine
their proper use in accordance with the terms ofthis Lease Agreement.
SECTION 25. DEFAULT.
In the event of a default by either party of the terms and conditions of this Lease Agreement, the
non-defaulting party may give written notice to the defaulting party setting forth the nature of the
default and giving the defaulting party reasonable opportunity to cure the same, not to exceed
thirty (30) days. In the event the defaulting party refuses or fails to cure the default within such
cure period of time, the non-defaulting party may immediately terminate this Lease Agreement
upon written notice to the defaulting party or enforce any other right or remedy available under
Virginia law.
SECTION 26. ENTIRE AGREEMENT.
This Lease Agreement, including any attachments, exhibits, and referenced documents,
constitutes the complete understanding between the parties. This Lease Agreement may be
modified only by written agreement properly executed by the parties.
SIGNATURE PAGE TO FOLLOW
Lease for Airspace-204 Jefferson.doc
8
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement by their
authorized representatives.
WITNESS:
204 JEFFERSON CONDOMINIUM
OWNERS ASSOCIATION
Lessee
By
Printed Name and Title
Printed Name and Title
(SEAL)
WITNESS:
CITY OF ROANOKE, VIRGINIA
Lessor
By
Darlene L. Burcham, City Manager
Printed Name and Title
Printed Name and Title
Approved as to form:
City Attorney
Approved as to Execution:
City Attorney
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
, to wit:
The foregoing Lease Agreement was acknowledged before me this day of
, 20_, by acting in his/her capacity as
on behalf of204 Jefferson Condominium Owners Association.
Notary Public
My commission expires:
Registration No.:
Lease for Airspace-204 Jefferson.doc
9
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
, to wit:
The foregoing Lease Agreement was acknowledged before me this day of
, 20_, by Darlene L. Burcham acting in her capacity as City Manager on behalf
of the City of Roanoke.
Notary Public
My commission expires:
Registration No.:
Lease for Airspace-204 Jefferson.doc
10
EXHIBIT A TO
LEASE AGREEMENT
DATED DECEMBER 22. 2009. BETWEEN
CITY OF ROANOKE. VIRGINIA. AND
204 JEFFERSON CONDOMINIUM OWNERS ASSOCIATION
Those certain air rights located in the City of Roanoke, Virginia, above and within an
area beginning at a corner, said corner located on the southerly right-of-way of Campbell
Avenue, SE, said point also being the northwest corner of Roanoke City Tax Map
Number 4010801; thence leaving Campbell Avenue, SE and with the easterly property
line of Tax Map Number 4010801, for the following 3 courses to the actual place of
beginning; thence S 1031 "56W, 2.48 feet to a point; thence N 88028' 04" W, 0.13 feet to
a point; thence S 010 19' 59" W, 21.47 feet to the actual place of beginning, being,
Corner #1; thence leaving Roanoke City Tax Map Number 4010801 with three easement
lines for air rights through the property of the City of Roanoke, being Tax Map Number
401 0805, as follows; thence S 88040' 01" E, 3.55 feet of Corner #2; thence S 010 19' 59"
W, passing the approximate fa9ade of the Center in the Square Parking Garage at
approximately 1.00 feet; thence following said fac;ade, in all 22.50 feet to Corner #3;
thence leaving said fac;ade, N 880 40' 01" W, 3.55 feet to Corner #4; said point located
on the easterly property line of 4010801; thence continuing, N 010 19' 59" E, 22.50 feet
to the place of beginning and containing 79.9 square feet, said air rights easement
beginning at the 4th floor of Tax Map number 4010801 and crossing to 4th floor of the
Center in the Square Garage, Tax Map Number 4010805 and extending upward
therefrom a distance of 16.00 feet from the lowest floor elevations being located on Tax
Map Number 04010801 (204 Building or Colonial Arms Building).
Exhibit A-Lease-204.doc
Page 1 ofl
EXHIBIT B TO
LEASE AGREEMENT
DATED DECEMBER 22.2009. BETWEEN
CITY OF ROANOKE. VIRGINIA. AND
204 JEFFERSON CONDOMINIUM OWNERS ASSOCIATION
INSURANCE REQUIREMENTS
Lessee, and any of its contractors, agents, or representatives, (collectively-Lessee) doing any
work or providing any services on or in connection with the Lease Agreement shall obtain and
maintain during the life ofthis Lease Agreement, the following insurance coverages and provide
the requirements set forth hereinafter for such coverage:
A. In addition to any other insurance required under this Lease Agreement, the Lessee shall
procure and keep in force during the term ofthis Lease Agreement insurance as follows:
1. Commercial General Liability insurance with minimum limits of $1,000,000.00
each occurrence, $2,000,000.00 aggregate. These limits may be achieved through
the use of an umbrella policy which states by endorsement it follows the form of
the primary coverage.
2. Automobile liability for any auto, owned, hired, borrowed and non-owned, of
$1,000,000.00 minimum limit.
3. The above limit amounts may be met by an umbrella liability policy following the
form of the underlying coverage in a minimum amount of $1,000,000.00 each
occurrence, $2,000,000.00 aggregate.
4. Workers' Compensation and Employer's Liability:
a. Workers' Compensation: If applicable, statutory coverage for Virginia,
and shall contain a waiver of subrogation in favor of the City of Roanoke,
the City's Parking Management Company, and their officers, agents and
employees, and an endorsement from the insurer to this effect shall be
received by City's Risk Manager before the start of any activities by
Lessee.
b. Employer's Liability:
1. $100,000-Bodily injury by accident each occurrence.
2. $500,000-Bodily injury by Disease Policy Limit.
3. $IOO,OOO-Bodily Injury by Disease each employee.
5. Fire and extended coverage property insurance covering the vehicles that will be
using the Center in the. Square Garage protecting Lessee, the City, and the City's
Parking Management Company, from fire and other casualty to any such vehicles
and providing that the City, and the City's Parking Management Company are
listed as protected parties for any such losses.
Exhibit B-Lease-204.doc
1
'6. Any insurance coverage the City's Risk Manager)deems reasonably necessary for
any of the activities Lessee may conduct on or in the Center in the Square Garage,
which may include an increase in the limits of coverage set forth above.
B. All Insurance shall meet the following requirements:
1. Lessee shall furnish the City a certificate or certificates of insurance showing the
type, amount, effective dates and date of expiration of the policies. Certificates of
Insurance shall include any insurance deductibles.
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 of written notice has
been provided to the Risk Management Officer of the City of Roanoke and the
City's Parking Coordinator.
3. The required certificate or certificates of insurance, except as to Workers'
Compensation and Employer's liability, shall name the City ,of Roanoke, the
City's Parking Management Company, and their officers, employees, agents,
volunteers, and representatives as additional insureds, and an endorsement from
the insurer to this effect shall be received by the Risk Management Officer of the
City of Roanoke within thirty (30) days of the date of this Lease Agreement.
4. Where waiver of subrogation is required with respect to any policy of insurance
required under this Lease Agreement, such waiver shall be specified on the
certificate of insurance.
5. Insurance coverage shall be on an occurrence basis unless otherwise permitted by
the City's Risk Manager and 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 Agreement shall be
authorized to do business in the Commonwealth of Virginia.
6. Such insurance shall be primary and provide coverage before any insurance or
self insurance from Lessee and/or Lessee's Parking Management Company is
required to provide coverage.
END
Exhibit B-Lease-204.doc
2
. ,
BID FORM
FOR A LEASE AGREEMENT TO LEASE AIR RIGHTS
ABOVE CITY OWNED PROPERTY BETWEEN THE CITY'S
CENTER IN THE SQUARE GARAGE AND
THE 204 JEFFERSON STREET BUILDING
RESPONSmILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids prior to the time set for receipt of bids.
No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AMD DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.m., local time, Monday, December 21,2009, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed ina sealed. envelope and addressed as follows:
Council ofthe City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue; S. W.
Roanoke, VA 24011
Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Lease Agreement for Air Rights for a Pedestrian Bridge
Between Center in the Square Garage and the 204 Jefferson Street Building, Not to Be
Opened Until the City Council Meeting at 2:00 p.m. on December 21, 2009.
Date: I Z. J I tb J 0 ~
d.D4 3'~~ ~\.t.<:.oN l.C""~CMI'" 1\.111I' O\..ol~\.A' A-~~()LiI'\T'ON proposes andagrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Lease Agreement for use of City's Airspace, a
copy of which is on file in the Office of the City Clerk for the City of Roanoke, 456 Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the
undersigned bidder warrants that it can and will comply with the provisions of such Lease
Agreement.
Bid: one-time payment for rent as set forth in paragraph 3 of the Lease Agreement for use of the
City's Airspace in the total amount of IH'4.T"a.~.... Il'I",,__AfoIO ~.~\, ~I"""I\\.A F..C1.T'1 ~;c.,.rand ~/100
Dollars ($I'!,~41D.c..o ), which shall be paid in twenty (20) annual payments of
s. ~ Hv.../l.Il\.^ ':>...""....,'i ':>... \,/\,N and L.j \ /1 00 Dollars ($ (., 11 . Y ~ ).
F.
Bid: term twenty (20) years, commencing on April 1, 2010, 'and ending on March 31, 2030,'
. unless sooner terminated as provided for in the Lease Agreement or by law.
Bidder agrees, if its bid is accepted, to.reimburse the City for the costs of any advertisements for
this matter.
Bid Fonn-Lease.doc
Page 1 of2
State bidder's complete legal name, exactly as it is recorded with\he Virginia State Corporation
Commission, or the complete legal name of bidder if it is not a corporation.
LEGAL NAME OF BIDDER:
BY:~~
~ j;)t'ft..J.H;or-e
(Printed Name)
2.D I.) ::r\.~F\..oR. ~()\N (O"'~uMI N'\l N" O....N\.~\ A~~ot..i ~ l/oN
TITLE: ?R..tE.5' I DeN T
(printed Title)
STREET ADDRESS: d--D\..l ~ouTr\ ::r'&.r-i=UI.~c.V'.) ~TI1.l\.r
I
MAILING ADDRESS: l.Cl...l ~O"'T"\ :l\.i=-i=-~~\()N ~Ttl.lr..T I UNI, ID
CITY: Q.u A- N~lL'r..
STATE: \J A
ZIP CODE: a.l..iD I J
TELEPHONE: (~Yu ) ~ 0 l..j " , B ~ l.D
FAX: (COlo~ ) lD ~l.J " 18 ~6
Bid Form-Lease.doc
Page 2 of2
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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FILED ON: 12/16/09 ;;"" VNWEAl\'0 ,\" I
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OFFICE OF THE CITY MANAGER
215 CHURCH AVENUE, S
ROOM 364, NOEL C. TA
ROANOKE VA 24011
REFERENCE: 80136394
11839234
NPH-Air Rights
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 St~te of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
ry Public
PUBLISHED ON: 12/09 12/16
TOTAL COST:
1,809.60
'.
NOTICE Of PUBLIC
HEARING
. '.AND
rAQVElfflSEMENT fOR
I INVITATION fOR BIDS
jc ??:o~/~ oCouncil of the
Execution oa/oke for
Agreement aLe a s e
to lease A' R' .
City O:WnJ~d,ghts above!
b..etweeri:the Cjty~ r 0 pert y I
Cen.ter. in the S !
Ga"rage and lh.quare!
~efterson' Street Bu";'n; 0 4!
~\~.:' y' ~':'"
. ,,'1,.11
, \:"i,
, Billing Services Representative
Pur sua n t tot h el
requirements of Sections,
15.2-2100, 2101, 2102, etl
seq., 'and 15.2-2030, Code
of Virginia (1950), as
amended, the City of
Roanoke (City) hereby gives
notice that it is inviting bids
from qualified bidders to
enter into a Lease'
Agreement with the City for
the successful bidder to
lease air rights above and
within property of the City,
being a certain area over
and within the City's' Center
in the Square Garage, being
Tax Map Number 4010805,
with some of such air'rights
being between the Center in
the Square Garage and the'
204 Jefferson Street
Building (204 Building or
Colonial Arms Building ),
located in the City of
Roanoke, Virginia, for a
term of twenty (20) years,
starting on April 1, 2010,
and ending at midnight onl'
~oa~~~ ;:fe :~rnOa t~~e:~
provided for in the Lease
Agreement or in accordance
with the law. Such area for
the air rights is further
described as follows:
Those certain air rights
located in the City of
Roanoke, Virginia, above.
and within an area
beginning at a corner, said
corner located on the
southerly right-of-way of
Campbell Avenue, SE, said
pOint also being the
northwest corner of
Roanoke City Tax MaPI
Number 4010801; thence)
leaving Campbell Avenue,
SE and with the easterly
property line of Tax Map
Number 4010801, for the
following 3 courses to the'
actual place of begi.nning;,/
thence S l' 31"56W, 2.48
feet to a point; thence N
88' 28' 04" W, 0.13 feet to
a point; thence S 01' 19'1
59" W, 21.47 feet to the'
actual place of beginning.!
being, Corner #1; thence:
leaving Roanoke City Tax
Map Number 4010801 with I
three easement lines for air
rights through tho e propertYI
of the City of. Roanoke,
being Tax Map Number
4010805, as follows;
thence S 88' 40' 01" E, ;
13.55 feet of Corner #2;
thence 5 01' 19' 59" W
passing the approximat~
,fa9ade of the Center in the
;Square Parking Garage at
/approximatelY 1.00 feet;
.- U',ence-foi/owing sa.i-dl
Ifa9ade, in all 22.50 feet to
Corner #3; thence leaving:
said fa9ade, N 88' 40' 01" I
W, 3.55 feet to Corner #4;
.said point located on thel
easterly property line of
4010801; thence
continuing, N 01' 19' 59" E,:
22.50 feet to the place of,
beginning and containing:
79.9 square feet, said airl
rights easement beginning
at the 4th floor of Tax Mapj
number 4010801 and,
crossing to 4th floor of the!
Center in the Square:
Garage, Tax Map Numberl
4010805 and extending:
upward therefrom al
distance of 16.00 feet from
the iowest floor elevations
I being located on Tax Mapl
Number 04010801 (204
Building or Colonial Arms.
B~ildingJ. _ ~-_----.J
1_, ne-purpose of su-Ciliease
of air rights is to allow for
the continued connedion of;
a pedestrian bridge to'
connect a pB(king d~c~. in1
the City's Center.in the:
Square Garage to the .204
Building, subje.ct to certain
terms and conditions as
may be more fully sel"forth I
in any resulting Lease
Agreement. Any bidder I
shall be able to provide for I
the continued complete and
\,proper maintenance,
.0 p.e rat ion, and / 0 i
',rePlacement of the above
mentioned pedestrian
bridge, provide sufficient
Idocumentatlon of such
lability to provide such
.items, and to provide for
!compliance with the terms
. of the proposed Lease
'Agreement.
I If the City elects to award
the Lease Agreement for
this matter, City Council will
be requested to adopt an
ordinance granting such an
award which will provide in
substance for the lease of .
ihe above air rights. A copy .
of the full' text of the
Iproposed ordinance is on
"file and may be reviewed in
,the Office of the City Clerk,
'Room 456, Noel C. Taylor
iMunicipal Building, 215
.Church Avenue, S.W., I
Roanoke, Virginia 24011.
Any interested party is
linvited to submit a written
bid for the lease of such air
rights as set forth above.
lEach bidder shall submit at
a minimum the following
information:
1.The legal name of the
entity submitting the bid. I
2.The amount of the lease
payment proposed to be
made \Q the City for such
air rights. .
3.Such other information
as th'e. bidder deems
appropriate.
Bids. are to be submitted
in a:sealed envelope or
container to the City Clerk
at !headdress noted above i
on or before Noon, 12:00 I
p.m.;-Iocal time, Monday,
December 21, 2009. The I
outside of the bid envelope I'
should be marked as
follows: "BID FOR LEASE'
AGREEMENT FOR AIR
RIGHTS FOR A PEDESTRIAN
BRIDGE BETWEEN CENTER
IN THE SQUARE GARAGEI
AND THE 204 JEFFERSON I
STREET BUILDING, NOT TO'
BE OPENED UNTIL THE CiTY,
COUNCIL MEETING AT 2:00,
P.M. ON DECEMBER 21,'
2009." The bid Should,bel
ad.dressed to the City!
CO'uncil of Roanoke. c/o:
Office of the City Clerk,l.
Room 456, Noel C. Taylor:
Municipal Building, 215'
Church Avenue, sW,i
Roanoke. Virginia. 24011.[
, All bids received will be held.
by the City Clerk, unopened,
until .2:00 p.m., local time,
orrMonday, December 21,
2009, at which time they
will be delivered to the
Council Chambers, Room
450, Noel C. Taylor
, Municipal Building, 215
I Church Avenue, SW,
, Roanoke, Virginia, 24011,
and thereafter be 'Publicly
opened and read aloud in
accordance with Section
15.2-2102, Code of Virginia
(1950), as amend ea.
The City reserves the right
to cancel this Invitation for
Bids and/or to reject any
and all bids, to waive any
informality or irregUlarity in
the bids received, and to
accept .the bid which is
l.deemed to be in the best
linterest of the City.
The entity to whom any
ILease Agreement may be
awarded shall reimburse
the City for the. costs of any
,advertisements for this
IT!!!t~r.~_ __ __)-:___'
i h . ,~
v.' . I:
L
iTlfenecessary bid form, a ,
.copy of th. e proposed Lease I
IAgre~;ment, and the I
proposed Ordinance may be
obtained"from the City
Clerk's Office at the above
address on and after
Wednesday, December 9,
. 2009.
Pursuant to the
requirements of Sections
15.2.2100, et<:seq., Code of
Virg.inia (1950), as
af1)~J)ded, notice is \1,t're.Qv.'
,>
I, givenlliar the Counclfof1he' .
City-of Roanoke will hold a I
.' public hearing on the above
Imatter on Monday,
December 21, 2009, at
7:00 p.m.. local time, or as
soon thereafter as Council
is available, in the Council
Chambers, Room 450, Noel
C. Taylor Municipal Building,
215 Church Avenu.e SW
Roanoke, Virginia, 24011:
I Fo! f~rther infOrf)'lation on
,thiS .matter, 'you ma'yl
,contact the .Office of the,
:City Clerk at (540)
853-2541. . .
All parties and interested
citizens may. appear on the'
. above date and time and be:
I heard on the matter. I
If you are a person who
needs accommodations for
this he.aring, please con'tact
the City Clerk's Office at
(540) 853-2541 before
12:00 noon on the Thursday i
before the date of the!
hearing listed above. I
GIVEN under my hand this'
4th day of December; 2009.)
Stephanie M: Moon,!
City Clerk..
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(11839234) I
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NOTICE OF PUBLIC HEARING
AND
ADVERTISEMENT FOR INVITATION FOR BIDS
Before the Council of the City of Roanoke for Execution of a Lease Agreement
to lease Air Rights above City owned property between the City's
Center in the Square Garage and the 204 Jefferson Street Building
Pursuant to the requirements of Sections 15.2-2100,2101,2102, et seq., and 15.2-2030, Code of
Virginia (1950), as amended, the City of Roanoke (City) hereby gives notice that it is inviting
bids from qualified bidders to enter into a Lease Agreement with the City for the successful
bidder to lease air rights above and within property of the City, being a certain area over and
within the City's Center in the Square Garage, being Tax Map Number 4010805, with some of
such air rights being between the Center in the Square Garage and the 204 Jefferson Street
Building (204 Building or Colonial Arms Building ), located in the City of Roanoke, Virginia,
for a term of twenty (20) years, starting on April I, 2010, and ending at midnight on March 31,
2030, unless sooner terminated as provided for in the Lease Agreement or in accordance with the
law. Such area for the air rights is further described as follows:
Those certain air rights located in the City of Roanoke, Virginia, above and within
an area beginning at a corner, said corner located on the southerly right-of-way of
Campbell Avenue, SE, said point also being the northwest corner of Roanoke City
Tax Map Number 4010801; thence leaving Campbell Avenue, SE and with the
easterly property line of Tax Map Number 4010801, for the following 3 courses
to the actual place of beginning; thence S 10 31 "56W, 2.48 feet to a point; thence
N 88028' 04" W, 0.13 feet to a point; thence SOlo 19' 59" W, 21.47 feet to the
actual place of beginning, being, Comer #1; thence leaving Roanoke City Tax
Map Number 4010801 with three easement lines for air rights through the
property of the City of Roanoke, being Tax Map Number 4010805, as follows;
thence S 88040' 01" E, 3.55 feet of Comer #2; thence SOlO 19' 59" W, passing
the approximate fayade of the Center in the Square Parking Garage at
approximately 1.00 feet; thence following said fayade, in all 22.50 feet to Corner
#3; thence leaving said fac;ade, N 880 40' 01" W, 3.55 feet to Comer #4; said
point located on the easterly property line of 401080 I; thence continuing, N 0 I 0
19' 59" E, 22.50 feet to the place of beginning and containing 79.9 square feet,
said air rights easement beginning at the 4th floor of Tax Map number 4010801
and crossing to 4th floor of the Center in the Square Garage, Tax Map Number
4010805 and extending upward therefrom a distance of 16.00 feet from the lowest
floor elevations being located on Tax Map Number 04010801 (204 Building or
Colonial Arms Building).
The purpose of such lease of air rights is to allow for the continued connection of a pedestrian
bridge to connect a parking deck in the City's Center in the Square Garage to the 204 Building,
subject to certain terms and conditions as may be more fully set forth in any resulting Lease
Agreement. Any bidder shall be able to provide for the continued complete and proper
maintenance, operation, and/or replacement of the above mentioned pedestrian bridge, provide
AirRightsAd 204-clean.doc
I
sufficient documentation of such ability to provide such items, and to provide for compliance
with the terms of the proposed Lease Agreement.
If the City elects to award the Lease Agreement for this matter, City Council will be requested to
adopt an ordinance granting such an award which will provide in substance for the lease of the
above air rights. A copy of the full text of the proposed ordinance is on file and may be
reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, .S.W., Roanoke, Virginia 24011.
Any interested party is invited to submit a written bid for the lease of such air rights as set forth
above. Each bidder shall submit at a minimum the following information:
1. The legal name of the entity submitting the bid.
2. The amount of the lease payment proposed to be made to the City for such air
rights.
3. Such other information as the bidder deems appropriate.
Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted
above on or before Noon, 12:00 p.m., local time, Monday, December 21, 2009. The outside of
the bid envelope should be marked as follows: "BID FOR LEASE AGREEMENT FOR AIR
RIGHTS FOR A PEDESTRIAN BRIDGE BETWEEN CENTER IN THE SQUARE GARAGE
AND THE 204 JEFFERSON STREET BUILDING, NOT TO BE OPENED UNTIL THE CITY
COUNCIL MEETING AT 2:00 P.M. ON DECEMBER 21,2009." The bid should be addressed
to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. All bids received will
be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, December 21,
2009, at which time they will be delivered to the Council Chambers, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, and thereafter be
publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950),
as amended.
The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to
waive any infom1ality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom any Lease Agreement may be awarded shall reimburse the City for the costs
of any advertisements for this matter.
The necessary bid form, a copy of the proposed Lease Agreement, and the proposed Ordinance
may be obtained from the City Clerk's Office at the above address on and after Wednesday,
December 9,2009.
Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
AirRightsAd 204-clean.doc
2
,..
hearing on the above matter on Monday, December 21,2009, at 7:00 p.m., local time, or as soon
thereafter as Council is available, in the Council Chambers, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. For further
information on this matter, you may contact the Office of the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and time and be heard on the
matter.
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853-2541 before 12:00 noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 4th day of December
,2009.
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Wednesday, December 9,
2009, and once on Wednesday, December 16, 2009.
Please send bill to:
Please send affidavit of publication to:
R. Brian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-2333
Stephanie M. Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
(540) 853-2541 '
AirRightsAd 204-clean.doc
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Warner Dalhouse, President
204 Jefferson Condominium Owners Association
204 S. Jefferson Street, Unit 10
Roanoke, Virginia 24011
Dear Mr. Dalhouse:
I am enclosing copy of Ordinance No. 38674-122109 accepting the bid of 204
Jefferson Condominium Owners Association to execute a 20 year parking license-
agreement to obtain 20 reserved parking permits for the exclusive use of certain
designated spaces in the City's Center in the Square Garage, upon certain terms
and conditions; authorizing the City Manager to execute such a parking license
agreement; authorizing the City Manager to take such further action and execute
such further documents as may be necessary to implement, administer, and
enforce such parking license agreement; and dispensing with the second reading
by title of this Ordinance..
The abovereferenced measure was adopted by' the Council of the City of
Roanoke at a, regular meeting held on Monday, December 21,2009, and is in full
force and effect upon its passage.
~Yn.~
Stephanie M. Moon, CMC .
City Clerk
Enclosure
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
Warner Dalhouse
December 30,2009
Page 2
pc: C. Cooper Youell, IV, Counsel, 26 W. Kirk Avenue, S. W., Roanoke,
Virginia 24011
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Debbie Moses, Parking Coordinator
---'
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
pi,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38674-122109.
AN ORDINANCE accepting the bid of204 Jefferson Condominium Owners Association
to execute a twenty (20) year Parking License Agreement to obtain twenty (20) Reserved
Parking Permits for the exclusive use of certain designated spaces in the City's Center in the
Square Garage, upon certain terms and conditions; authorizing the City Manager to execute such
a Parking License Agreement; authorizing the City Manager to take such further action and
execute such further documents as may be necessary to implement, administer, and enforce such
Parking License Agreement; and dispensing with the second reading by title of this Ordinance.
WHEREAS, the City has, by advertisements published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution of a twenty (20) year Parking License Agreement for the purposes mentioned above;
WHEREAS, on December 21, 2009, 204 Jefferson Condominium Owners Association
submitted the only bid to the City for the execution of a twenty (20) year Parking License
Agreement for the purposes mentioned above upon substantially the same terms as contained in
the proposed Parking License Agreement that was on file in the City's Clerk's Office;
WHEREAS, the matter was referred to the City Manager for review, evaluation, and to
meet with the bidder (204 Jefferson Condominium Owners Association) to finalize the terms
and conditions for such Parking License Agreement;
WHEREAS, discussions between the City Manager and 204 Jefferson Condominium
Owners Association have resulted in a Parking License Agreement that provides for the Licensee
to obtain twenty (20) Reserved Parking Permits in the City's Center in the Square Garage in
)
O-License Agreement-204 Jefferson.doc
1
order to allow the Licensee's (including Licensee's members) exclusive use of certain designated
spaces in such Garage so that the residents of the condominiums located in the 204 Jefferson
Street Building, which has a pedestrian bridge connecting such Building to the Garage, can use
such Parking Permits, upon certain terms and conditions, for a period of twenty (20) years,
starting on April 1, 2010, and ending at midnight on March 31, 2030, unless sooner terrilinated as
provided for in such Parking License Agreement or in accordance with the law;
WHEREAS, the City Manager recommends that Council accept the bid of 204 Jefferson
Condominium Owners Association and approve the execution of such Parking License
Agreement, a copy of which is attached to the City Manager's letter to Council dated December
21,2009;
WHEREAS, after proper and timely notice as required by the Code of Virginia, Council
\
held a Public Hearing on this matter at its meeting on December 21, 2009, at which hearing all
parties ih interest and citizens were given an 'opportunity to be heard, both fQr and against the
proposed Parking License Agreement; and
WHEREAS, Council determined that the bid of 204 Jefferson Condominium Owners
Association to execute a Parking License Agreement as set forth above, upon certain terms and
conditions, was a responsive and responsible bid received by the City and Council desires to
accept such bid.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council accepts the bid of 204 Jefferson Condominium Owners Association and
hereby makes an award for the Parking License Agreement to 204 Jefferson Condominium
Owners Association, subject to certain terms and conditioIis as further noted in the City
Manager's letter dated December 21, 2009, to this Council. Council further finds that it will be
O-License Agreement-204 Jefferson.doc
2
in the best interest of the City to award the Parking License Agreement as set forth above and
will help in promoting economic development in downtown Roanoke.
2. The City Manager is authorized to execute a twenty (20) year Parking License
Agreement between the City and 204 Jefferson Condominium Owners Association that provides
for 204 Jefferson Condominium Owners Association to obtain twenty (20) Reserved Parking
Permits in the City's Center in the Square Garage for the purposes set forth above and subject to
the terms of the Parking License Agreement, which Agreement shall be substantially similar to
,
the one attached to the above mentioned City Manager's letter and in a form approved by the
City Attorney.
3 The Parking License Agreement referred to above shall be for a term of twenty
(20) years, starting on April I, 2010, and ending at midnight on March 31, 2030, unless sooner
terminated as provided for in such Parking License Agreement or in accordance with the law.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as may be necessary to implement, administer, and enforce such
Parking License Agreement, which includes, but isnot limited to, any needed modifications to
such Parking License Agreement.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
~h1:,~wv
CIty Clerk './ '.
O-License Agreement-204 Jefferson.doc
3
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 21, 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 AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Award to 204 Jefferson
Condominium Owners Association
of a Parking License Agreement
for 20 Reserved Parking Permits
for the City's Center in the Square
Garage
Background:
204 Jefferson Condominium Owners Association requested a Parking License
Agreement for 20 Reserved Parking Permits for the use of 20 designated
parking spaces in the City's Center in the Square Garage located at 11 Campbell
Avenue, S.E., Roanoke, Virginia. These are spaces currently assigned to
individual owners of the condominium units under the terms of current parking
policies. The license term requested is for a twenty year period. Due to the
length of the license term, the Code of Virginia requires that the proposed
license be advertised for bidding by the public and a public hearing be held on
the matter. On December 7, 2009, City Council authorized the scheduling and
advertising for bids on this matter and for a public hearing and opening of bids
on December 21, 2009.
Considerations:
'J~
Public advertisements for an Invitation for Bids and for a Public Hearing on this
matter were placed in the Roanoke Times on December 9 and 16, 2009, as
required by the Code of Virginia. A copy of the necessary Bid Form, Proposed
Parking License Agreement with Exhibits, and proposed Ordinance were made
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
available to the public in the City Clerk's Office on and after December 9, 2009.
Bids were to be submitted to the City Clerk on or before Noon, 12 p.m., local
time, on Monday, December 21, 2009. All such bids received at or before that
time were held by the City Clerk, unopened, until 2:00 p.m., local time,
Monday, December 21, 2009, at which time they were delivered to the Council
Chambers and publicly opened and read aloud, all in accordance with Section
15.2-2102 Code of Virginia (1950), as amended.
One written bid for the Parking License Agreement mentioned above was
received by the City Clerk on or before Noon, 12 p.m., December 21, 2009.
This bid was opened and read aloud at the 2:00 pm session of City Council in
Council Chambers located in Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, SW, Roanoke, Virginia 24011. The bid was from the 204
Jefferson Condominium Owners Association for the above mentioned Parking
License Agreement, subject to certain terms and conditions as contained in the
proposed Parking License Agreement that was made available to the public as
mentioned above. The matter was referred to the City Manager for review,
evaluation, and to finalize the terms and conditions of such Parking License
Agreement. The final terms and conditions are subject to approval by Council.
A copy of the proposed Parking License Agreement, with Exhibits, is attached to
this letter.
The Parking License Agreement will provide for the 204 Jefferson Condominium
Owners Association to obtain twenty (20) Reserved Parking Permits in the City's
Center in the Square Garage in order to allow the 204 Jefferson Condominium
Owners Association's (including its members) exclusive use of certain
designated spaces in such Garage so that the residents of the condominiums
located in the 204 Jefferson Street Building, which has a pedestrian bridge
connecting such Building to the Garage, can use such Parking Permits, upon
certain terms and conditions, for a period of twenty (20) years. The term will
start on April 1, 2010, and end at midnight on March 31, 2030, unless sooner
terminated as provided for in such Parking License Agreement or in accordance
with the law. The 204 Jefferson Condominium Owners Association will pay,
subject to the terms and conditions of the proposed Parking License
Agreement, the following rates for the Reserved Parking Permits:
Years 1-5
$0 per month for each of the (20)
Reserved Parking Permits
Rate per month for each Reserved Parking
Permit shall be equal to the then current
prevailing Residential parking rate
applicable to Center in the Square Garage
as established by City Council from time to
time plus an additional $20.00 premium
per permit, per month.
Years 6-20
Honorable Mayor and Members of City Council
December 21 , 2009
Page 3
After proper and timely Notice as required by the Code of Virginia, Council held
a public hearing on this matter at its 7:00 p.m. meeting on December 21, 2009,
at which hearing all parties in interest and citizens were given an opportunity to
be heard, both for and against the proposed Parking License Agreement.
The City Manager recommends that Council accept the bid of 204 Jefferson
Condominium Owners Association on this matter and approve the execution of
the proposed Parking License Agreement, a copy of which is attached to this
letter.
Recommended Action:
That Council accept the bid of 204 Jefferson Condominium Owners Association
and award the Parking License Agreement to such entity.
Authorize the City Manager to execute a twenty (20) year Parking License
Agreement between the City and 204 Jefferson Condominium Owners
Association that provides for the 204 Jefferson Condominium Owners
Association to obtain twenty (20) Reserved Parking Permits in the City's Center
in the Square Garage for the purposes set forth above and subject to the terms
of the Parking License Agreement, which Agreement shall be substantially
similar to the one attached to this letter, and in a form approved by the City
Attorney.
Authorize the City Manager to take such further actions and to execute such
further documents as may be necessary to implement, administer, and enforce
such Parking License Agreement, which includes, but is not limited to, any
. needed modifications to such Parking License Agreement.
Respectfully submitted,
Darlene L. B cham
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
Debbie Moses, Parking Coordinator
C. Cooper Youell, IV, Counsel for 204 Jefferson Condominium Owners
Association
PARKING LICENSE AGREEMENT
This Parking License Agreement ("License Agreement") is dated December 22, 2009, and is by
and between the City of Roanoke, Virginia, a Virginia municipal corporation, ("City" or
"Licensor"), and 204 Jefferson Condominium Owners Association ("204 Jefferson COA" or
"Licensee").
RECITALS:
WHEREAS, the Licensor is the owner and operator of a certain public parking garage named
Center in the Square Garage, and located at 11 Campbell Avenue, S.E., Roanoke, Virginia,
which garage provides parking spaces to the public;
WHEREAS, the Licensee has requested that Licensor provide Licensee with twenty (20)
reserved parking permits for the Licensee's exclusive use in the Center in the Square Garage for
a period of twenty (20) years, subject to the terms of this License Agreement and the rates set
out in Exhibit 1, which is attached hereto and made a part hereof. Such permits are only for the
use of the Licensee's condominium members that reside in the 204 Jefferson Street Building
(204 Building);
WHEREAS, the Licensee has requested that the twenty (20) reserved parking permits be made
available to the Licensee for a period oftwenty (20) years, starting on April 1 , 2010;
WHEREAS, the parties have complied with the provisions of Virginia Code Sections 15.2-2100
et seq. for this License Agreement as authorized by Ordinance No. , adopted by
City Council on ; and
WHEREAS, the City is agreeable to providing the Licensee with the twenty (20) reserved
parking permits based on the terms and provisions of this License Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
conditions set forth herein, the parties agree as follows:
SECTION 1. NO BAILMENT.
This is a License Agreement and no bailment is created by this License Agreement.
SECTION 2. 'GRANT OF LICENSE.
The Licensor hereby grants to Licensee a License to obtain and use twenty (20) reserved parking
permits ("Parking Permits") for use in the Center in the Square Garage at the location in the
garage described in Exhibit 2, which is attached hereto and made a part hereof. Such Parking
Permits are to be used in connection with Licensee's Air Rights Lease Agreement with the City
which provides for a physically connected pedestrian bridge between the 204 Building and the
Center in the Square Garage. The Licensee will be able to provide a total oftwenty (20) Parking
Permits to its members to park the members' vehicles in the Center in the Square Garage in
Parking License Agreement-204 Jefferson.doc
1
reserved spaces designated by the Licensor and described in Exhibit 2, all subject to the terms of
this License Agreement.
SECTION 3. PARKING PERMITS.
A. The Parking Permits (which will be in the form of access cards to access the Center in the
Square Garage) shall be only for use in the Center in the Square Garage, which may be
used by the Licensee at any time and any day of the week. Licensee acknowledges and
agrees that such Parking Permits shall only be used by Licensee's members who reside in
the 204 Building and only for the vehicles of such members and that such Permits only
provide the right to park a vehicle within a certain designated space as the Licensor shall
determine and as described in Exhibit 2.
B. Each of the Parking Permits shall be subject to all applicable rules and regulations
applicable to other Permits issued for the Center in the Square Garage and subject to the
same provisions as other users of the Center in the Square Garage, except that Licensee
will be able to access the Center in the Square Garage on a 24 hourl7 day a week basis.
In the event Licensee holds the only Permits issued for Center in the Square Garage,
Licensor agrees that no rules or regulations shall be implemented that are unreasonable.
Licensee further agrees that Licensee will make any users of the Parking Permits aware
of the rules and regulations applicable to users of the Center in the Square Garage and
Licensee shall be responsible for the users' compliance with those rules and regulations.
Such rules and regulations may include, but will not necessarily be limited to, the fact
that any lost access card will be subject to a replacement fee and possible other charges
that may be needed to reset any equipment necessary to. deactivate any such lost or
misplaced access card, that the Licensor and its Parking Management Company are not
responsible for any items left in any vehicle or for any damage to the vehicle, and such
other rules and regulations as may be applicable to other users of the Center in the Square
Garage. Licensee agrees that use of any such Permit by persons not members of Licensee
or for non member vehicles is grounds for revoking such Permit for one month. Such
rules and regulations are subject to being amended and/or changed by the Licensor at the
Licensor's discretion. Licensee further agrees to keep track of the access cards and to
imrriediately notify Licensor in writing of any lost, misplaced, or unaccounted for access
cards so that appropriate action can be taken by Licensor regarding limiting access to the
Center in the Square Garage for that particular access card. Licensee shall also return to
Licensor all access cards upon the termination or expiration of this License Agreement
and pay Licensor for any access cards not returned and all costs associated with resetting
the equipment to deactivate such access cards.
C. Licensee agrees that the Parking Permits provided for under this License Agreement are
solely for the use of the Licensee's members and for the vehicles of such members.
. D. Any user of a Parking Permit provided pursuant to this License Agreement shall not be
eligible for, and shall not be provided, any type of City parking permit under any other
City parking program that provides for any type of discounted parking rates.
Parking License Agreement-204 Jefferson.doc
2
SECTION 4. TERM.
The term of this License Agreement shall be for a period oftwenty (20) years, starting on April
1, 2010, and ending at midnight on March 31, 2030 unless this License Agreement is sooner
terminated as provided for in this License Agreement or in accordance with the law.
Furthermore, notwithstanding the prior sentence, if the Licensee is in default, beyond any
applicable cure period, Licensor shall have the right to immediately terminate this License
Agreement upon written notict;: to Licensee and in such event this License Agreement shall be
automatically terminated and have no further effect.
SECTION 5. COST OF PARKING PERMITS.
A. Licensee agrees to pay to Licensor during the term of this License Agreement for the
twenty (20) Parking Permits according to the rates set forth in Exhibit 1 for each of the
twenty (20) Parking Permits provided by this License Agreement whether or not such
Parking Permits are used by the Licensee. Payment is due the Licensor the first of each
month and shall be paid in one check made payable to "Park Roanoke", 117 Church
Avenue, S.W., Roanoke, Virginia 24011, or at such other address and/or other payee as
Licensor may designate in writing to Licensee. In the event Licensee shall fail to ma~e
such monthly payment by the 5 of each month, a late fee will be accessed for each
Parking Permit for which payment is late. The current late fee is $5.00 per Permit, but
such charge is subject to being changed as the Licensor deems appropriate, provided such
late fee is the same for other monthly Parking Permit holders. In the event Licensee fails
to pay for all ofthe Parking Permits by the 15th of each month, or should any payment be
returned for any reason, this will be deemed a default by the Licensee of this License
Agreement and provided such default is not cured by Licensee within ten (10) days
following receipt of notice from Licensor that the payment is past due the Licensor, at its
option, may immediately terminate this License Agreement without any further notice to
Licensee. Furthermore, any past due payments shall also accrue interest at the rate of
one percent (1 %) per month until the full amount is paid to Licensor, with any payments
being applied first to any interest due.
B. Licensee further acknowledges that the posted public rate for reserved Parking Permits
and/or for Residential Parking Permits in the Center in the Square Garage are subject to
being changed by the action of City Council, and/or the City Manager per City policy,
and the rate to be paid by Licensee to Licensor will be adjusted by any such change in the
rate from time to time and be effective on whatever date such rate takes effect.
SECTION 6. LOCATION OF CAMERAS. LIGHTING. BOLLARDS. AND SIGNS.
Licensee has requested to place, install, operate, maintain, repair, use, and/or remove cameras,
lighting, bollards for pedestrian protection, and approved signage in the area where the
designated spaces will be for the use of the twenty (20) Parking Permits provided for by this
License Agreement. The Licensor grants the Licensee permission to place such items and pre-
approved signage in the area where the Parking Permits will be used subject to the Licensor's
prior written approval, which approval shall not be unreasonably withheld. However, upon
request of Licensor, Licensee must present Licensor with sufficient drawings and/or information,
together with any required engineering documentation, to establish that such items and/or
signage will not damage and/or impair the Center in the Square Garage or the use of the Center
Parking License Agreement-204 Jefferson.doc
3
in the Square Garage and will not interfere with the Licensor's operation of the Center in the
Square Garage. All existing cameras, lighting, bollards and signage in place as of the date hereof
is deemed approved by Licensor. Licensee agrees that Licensee will be solely responsible for all
costs, expenses, and responsibility, including any claims of any type or nature that may be made
in connection with or resulting from the placement, installation, use, operation, maintenance,
repair, removal, and/or any other matters involving any such items or signage and Licensee
agrees to indemnify and hold Licensor and its Parking Management Company, their employees,
agents, and representatives, harmless from any and all such claims of any nature, including
reasonable attorney's fees. Licensee shall be responsible for all utility services, like electric,
phone, etc., in connection with any of the items set forth herein. Licensee shall also be solely
responsible for relocating any such items and/or signage for any reason whatever, providing the
Licensor shall not unreasonably request that any items and/or signage be relocated. Licensee
further assumes all risks of any type or nature in connection with any such items or signage,
including but not limited to any damage to such items, any theft of such items, or any vandalism
of such items. Licensee agrees that upon the expiration and/or termination of this License
Agreement, Licensee shall properly and timely remove any such items and signage that it
installed and restore the areas where such items were installed to the condition they were in prior
to the installation of such items by Licensee. Licensee agrees that if Licensee fails to remove
such items and properly restore the areas within thirty (30) days of any such expiration or
termination of this License Agreement, that Licensor may do so and dispose of any such items as
Licensor sees fit and charge the Licensee all costs and expenses of such removal and disposal.
SECTION 7. ASSIGNMENT.
Licensee may not assign or transfer this License Agreement in whole or in part except with the
prior written consent of the Licensor, which consent shall not be unreasonably withheld. If
consent to assignment is given, no such assignment shall in any way release or relieve the
Licensee from any of the covenants and/or undertakings contained in this License Agreement
and the Licensee shall remain liable for the License Agreement during the entire term thereof.
SECTION 8. PROTECTING PERSONS AND PROPERTY.
Licensee expressly undertakes, both directly and through any of its subcontractors and/or
employees and/or agents to take any reasonable precaution at all times for the protection of the
Licensor, Licensor's Parking Management Company, and their employees, agents, and
representatives, and all persons and property, including the public and other users of the Center
in the Square Garage, or in the vicinity of the Center in the Square Garage, or that may be
affected by the Licensee's use of the Parking Permits and/or the pedestrian bridge referred to in
Section 2 to protect all such entities and to prevent damage to them and their property in and/or
to others in the Center in the Square Garage or its area. Furthermore, any damage to any of
Licensor's property or to others that may occur as a result of any acts or omissions arising or
connected with the Licensee's and/or its members use of the Parking Permits or any other rights
under this License Agreement shall be repaired or replaced at Licensee's sole expense and as
directed by and to the satisfaction ofthe Licensor.
SECTION 9. DEFAULT.
A. If Licensee fails or refuses to perform any of the provisions of this License Agreement,
within ten (10) days following receipt of written notice from Licensor, the Licensor, by
Parking License Agreement-204 Jefferson.doc
4
written notice to Licensee, may immediately terminate this License Agreement in whole
or in part. In addition to any right to terminate, the Licensor may enforce any remedy
available at law or in equity in connection with such default and the Licensee shall be
liable for any damages to the Licensor and/or Licensor's Parking Management Company
resulting from Licensee's default. The Licensor further reserves the right to seek any and
all remedies that may be available to Licensor under this License Agreement or by law
and all rights and remedies are deemed to be cumulative and not exclusive.
Notwithstanding the foregoing, if the Licensee takes reasonable steps within the ten (10)
days following receipt of the written notice from Licensor to cure any default,
nonperformance, or breach of the License Agreement, and such default, nonperformance,
or breach cannot be cured within ten (10) days from the date of receipt of the notice from
the Licensor, but such default, nonperformance, or breach can be cured within thirty (30)
days from the receipt of such notice, the cure period shall be extended to such thirty (30)
day time period from the date of receipt of such notice as long as Licensee diligently
proceeds to take steps to cure such default, nonperformance, or breach. However, if no
such cure occurs within thirty (30) days following receipt of such notice, the Licensor, by
written notice to Licensee, may immediately terminate this License Agreement in whole
or in part.
B. If Licensee should become inactive and/or cease to exist, the use of the 204 Building for
residential condos (as it is being used on the date of the License Agreement) changes
during the term of this License Agreement, the 204 Building is damaged so it cannot be
so used, the pedestrian bridge mentioned in Section 2 is not reasonably maintained and
kept in a good and useable manner, and/or the Lease Agreement for Air Rights for such
pedestrian bridge is terminated, this License Agreement shall be deemed to automatically
terminate without any further notice and that the Licensor shall thereafter be entitled to
cancel all twenty (20) Parking Permits and use any designated spaces for whatever other
purposes the Licensor deems appropriate. Furthermore, Licensor shall be entitled to
remove any and/all items and signage that Licensee installed, if Licensee does not do so,
and to charge Licensee the costs of any such removal.
SECTION 10. MATTERS BEYOND THE CONTROL OF THE LICENSOR.
The Licensor, its Parking Management Company, and their employees, agents, and
representatives shall have no liability or responsibility of any type to Licensee or any of its
assignees or its employees, officers, and/or agents or any of its guests for failure to provide the
Parking Permits and/or parking spaces for any of the Parking Permits under this License
Agreement that may be due to causes beyond the Licensor's and/or its Parking Management
Company's reasonable control, including but not limited to accidents, acts of God, weather,
failure of equipment, strikes, lockouts, damage to the Center in the Square Garage, or any other
matters of such nature. If any parking spaces are not available for more than five (5) consecutive
days, due to any such reasons, Licensee shall only be entitled to a prorated reduction of the
monthly charges for any Parking Permits for which parking spaces are not available.
SECTION 11. LIMITATION OF LIABILITY OF THE CITY.
In the event of any default, nonperformance, or breach of any of the terms or conditions of this
License Agreement by the City, Licensee agrees that the City's liability hereunder shall be
limited to a prorated repayment of monies paid by Licensee to the City or a deduction from any
Parking License Agreement-204 Jefferson.doc
5
payment due from Licensee to the Licensor for any Parking Permits that are not able to be used
due to such default, nonperformance, or breach for the period of time of such inability to use
such Parking Permits. In addition to the remedies set forth in the prior sentence, if the Licensor
is in default, nonperformance, or breach of any of the terms or conditions of the License
Agreement, Licensee may provide the Licensor with written notice ofthe same and the Licensor
shall have ten (10) days following receipt of such notice from the Licensee to cure any such
default, nonperformance, or breach. In the event the Licensor fails to take reasonable steps to
cure the default, nonperformance, or breach, the Licensee may pursue only injunctive relief as
may be available to Licensee in accordance with the laws of Virginia.
SECTION 12. INSURANCE REQUIREMENTS.
Licensee, any of its assigns, successors, and any of its contractors involved in this License
Agreement shall maintain the insurance coverages as set forth in Exhibit 3 to this License
Agreement and provide the proof of such insurance coverage as called for in Exhibit 3, including
workers' compensation coverage if Licensee hires any employees. Such insurance coverage
shall be obtained at the Licensee's sole expense and maintained during the term of the License
Agreement and shall be effective prior to the beginning of any work or other performance by the
Licensee or others under this License Agreement. Additional insured endorsements, if required,
must be received by the Licensor within thirty (30) days of the execution of this License
Agreement or as otherwise required by the Licensor's Risk Manager.
SECTION 13. HOLD HARMLESS AND INDEMNITY.
Licensee shall indemnify and hold harmless the Licensor, its Parking Management Company,
and their officers, agents, and employees against any and all liability, losses, damages, claims,
causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees,
resulting from or arising out of Licensee's, its members, assignees, or their employees, agents, or
subcontractors actions, activities, or omissions, negligent or otherwise, on or near Licensor's
property or the area where any services or work is performed or arising in any way out of or
resulting from any of the work or items covered by this License Agreement and this includes,
without limitation, any fmes or penalties, violations of federal, state, or local laws or regulations,
personal injury, wrongful death, or property damage claims or suits. Licensee agrees to and shall
protect, indemnify, and hold harmless all the parties referred to above from any and all demands
for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or
actual infringement or violation of any copyright, trademark, patent, invention, article,
arrangement, or other apparatus that may be used in the performance of this License Agreement.
SECTION 14. COMPLIANCE WITH LAWS. REGULATIONS. AND IMMIGRATION
LAW.
Licensee agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements. Licensee further agrees that
Licensee does not, and shall not during the performance of this License Agreement, knowingly
employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of
1986.
Parking License Agreement-204 Jefferson.doc
6
SECTION 15. REPORTS AND RECORDS.
Licensee agrees to maintain all books, records and other documents relating to this License
Agreement for a period of five (5) years after the end of each fiscal year included in this License
Agreement. The Licensee, its authorized employees, agents, and/or representatives shall have
reasonable access to and the right to examine, copy, and/or audit any of such materials during
the term of the License Agreement in connection with the Parking Permits to determine their
proper use in accordance with the terms of this License Agreement.
SECTION 16. NONWAIVER.
Licensee agrees that the Licensor's waiver or failure to enforce or require performance of any
term or condition ofthis License Agreement or the Licensor's waiver of any particular breach of
this License Agreement by the Licensee 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 License Agreement or a
waiver of any other breaches of the License Agreement by the Licensee and does not bar the
Licensor from requiring the Licensee to comply with all the terms and conditions of the License
Agreement and does not bar the Licensor from asserting any and all rights and/or remedies it has
or might have against the .Licensee under this License Agreement or by law.
SECTION 17. CHOICE OF LAW AND FORUM SELECTION.
This License Agreement shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue
for any litigation, suits, and claims arising from or connected with this License Agreement shall
only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court
if the amount in controversy is within the jurisdictional limit of such court, and all parties to this
License Agreement voluntarily submit themselves to the jurisdiction and venue of such courts,
regardless ofthe actual location of such parties. The provisions ofthis License Agreement shall
not be construed in favor of or against either party, but shall be construed according to their fair
meaning as ifboth parties jointly prepared this License Agreement.
SECTION 18. SEVERABILITY.
If any provision of this License Agreement, or the application of any provision hereof to a
particular entity or circumstance, shall be held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this License Agreement shall not be affected
and all other terms and conditions of this License Agreement shall be valid and enforceable to
the fullest extent permitted by law.
SECTION 19.
FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1. be advised that the Licensor does not discriminate
against faith-based organizations.
Parking License Agreement-204 Jeffersondoc
7
SECTION 20. SUCCESSORS AND ASSIGNS.
The terms, conditions, provisions, and undertakings of this License Agreement shall be binding
upon and inure to the benefit of each of the parties hereto and their respective successors and
assIgns.
SECTION 21. HEADINGS.
The captions and headings in this License Agreement are for convenience and reference purposes
only and shall not affect in any way the meaning and interpretation ofthis License Agreement.
SECTION 22. COUNTERPART COPIES.
This License Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
SECTION 23. AUTHORITY TO SIGN.
The persons who have executed this License Agreement represent and warrant that they are duly
authorized to execute this License Agreement on behalf of the party for whom they are signing.
SECTION 24. NOTICES.
All notices must be given in writing and shall be validly given if sent by certified mail, return
receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as
follows (or any other address that the party to be notified may have designated to the sender by
like notice):
Ifto the Licensor:
With a copy to:
If to Licensee:
Parking License Agreement-204 Jefferson.doc
City of Roanoke
City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Facsimile: (540) 853-1138
Parking Coordinator for the City of Roanoke
106 Shenandoah Avenue
Roanoke, VA 24016
Facsimile: (540) 853-8299
204 Jefferson Condominium Owners Association
Attention: President
204 South Jefferson Street; Unit 10
Roanoke, VA 24011
8
With a copy to:
C. Cooper Youell, IV, Esquire
Whitlow & Youell, PLC
26 W. Kirk Avenue
Roanoke, Virginia 24011
Facsimile: (866) 684-7836
Notices shall be deemed to be effective one day after sending if sent by overnight courier or
three (3) days after sending it by certified mail, return receipt requested.
SECTION 25.. NONDISCRIMINATION.
A. During the performance ofthis License Agreement, Licensee agrees as follows:
1. Licensee will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of the Licensee. Licensee agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause if Licensee desires to hire any
employees.
11. . Licensee in all solicitations or advertisements for employees placed by or on
behalf of Licensee will state that Licensee is an equal opportunity employer.
111. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements ofthis section. .
B. . Licensee will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that' the provisions will be binding
upon each subcontractor or vendor.
SECTION 26.
RELOCATION OF PARKING SPACES FROM THE CENTER IN
THE SQUARE GARAGE.
If any construction, maintenance, repairs, other work, or other matters take place at the Center in
the Square Garage that requires a temporary relocation of any of the spaces designated for the
Parking Permits provided to Licensee, the Licensor may, on ten (l0) days written notice (except
in the case of an emergency in which no notice is required) to Licensee temporarily relocate any
of the designated spaces or may redesignate the parking spaces to be used by the Parking Permits
to another City owned and/or controlled Parking Facility until such construction and/or other
work has been completed. Such relocation will be to another location in the Center in the Square
Garage or to a Licensor Parking Facility mutually agreeable to the Licensor and Licensee, such
agreement not to be unreasonably withheld.
Parking License Agreement-204 Jefferson.doc
9
SECTION 27. DAMAGE TO THE CENTER IN THE SQUARE GARAGE.
A. If the Center in the Square Garage is substantially damaged or destroyed, in the
reasonable determination of the Licensor, by fire or other casualty then the Licensor may
give written notice to Licensee of Licensor's election to terminate this License
Agreement, effective as of the date of such notice.
B. If the Center in the Square Garage is rendered untenantable by fire or other casualty not
due to the negligence or wrongdoing of the Licensee, its agents, employees, invitees, or
licensees, Licensor shall allow an equitable reduction in the costs of the Parking Permits
due from Licensee depending on the period oftime during which the Center in the Square
Garage is rendered untenantable, if the Licensor desires to restore and repair the Center in
the Square Garage from such casualty.
C. If the Center in the Square Garage is damaged in any way due to the actions or omissions
of Licensee, or its subcontractors, employees, agents, or representatives, Licensee shall
repair or have repaired, at its sole cost, any such damage and restore . the Center in the
Square Garage to the condition it was in before such damage and to the satisfaction of
Licensor.
SECTION 28. RIGHTS CUMULATIVE.
All rights, powers, and privileges conferred hereunder on the Licensor to enforce this License
Agreement shall be cumulative, and not restricted to those given by law.
SECTION 29. BOND.
A. Licensee agrees to and shall provide and maintain during the entire term of this License
Agreement a Bond, or such other security as approved by the City Manager (such as a
letter of 'credit), (collectively-Bond) in the amount of $2,000.00 to secure Licensee's
performance under this License Agreement. Failure to provide and maintain such a bond
shall be grounds for termination of this License Agreement. The form' of the bond shall
be subject to approval by Licensor.
B. The amount of the bond required herein will be reviewed every five (5) years by the City
and may be increased or decreased by the City at the time of each review to reflect the
reasonable costs of the performance of this License Agreement by Licensee at that time.
Any increase or decrease in the amount of the bond shall be mutually agreed upon
between the parties, such agreement to not be unreasonably withheld.
SECTION 30. ENTIRE AGREEMENT.
This License Agreement, including any attachments, exhibits, and referenced documents,
constitutes the complete understanding between the parties. This License Agreement may be
modified only by written agreement properly executed by the parties.
SIGNATURE PAGE TO FOLLOW
Parking License Agreement-204 Jefferson.doc
10
IN WITNESS WHEREOF, the parties hereto have signed this License Agreement by their
authorized representatives..
WITNESS:
204 JEFFERSON CONDOMINIUM
OWNERS ASSOCIATION
Licensee
By
Printed Name and Title
Printed Name and Title
(SEAL)
WITNESS:
CITY OF ROANOKE, VIRGINIA
Licensor
By
Darlene L. Burcham, City Manager
Printed Name and Title
Printed Name and Title
Approved as to form:
City Attorney
Approved as to Execution:
City Attorney
Parking License Agreement-204 Jefferson.doc
11
EXHIBIT 1 TO
PARKING LICENSE AGREEMENT
DATED DECEMBER. 22. 2009. BETWEEN
CITY OF ROANOKE. VIRGINIA. AND
204 JEFFERSON CONDOMINIUM OWNERS ASSOCIATION
PARKING RATES LICENSEE IS TO
PAY TO THE CITY
Years 1-5
$0.00 per month for each of the (20)
Reserved Parking Permits
Rate per month for each Reserved
Parking Permit shall be equal to the
then current prevailing Residential
parking rate applicable to Center in
the Square Garage as established by
City Council from time to time plus
an additional $20.00 premium per
permit, per month.
Years 6-20
Exhibit 1-204 license. doc
Page 1 ofl
Exhibit 2 To Parking License Agreement
4th Level.. Center in the Square Garage -1tCampbell Avenue SE, Roanoke, Va
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EXHIBIT 3 TO
PARKING LICENSE AGREEMENT
DATED DECEMBER 22.2009 BETWEEN
CITY OF ROANOKE. VIRGINIA. AND
204 JEFFERSON CONDOMINIUM OWNERS ASSOCIATION
INSURANCE REQUIREMENTS
Licensee, and any of its contractors, agents, or representatives, (collectively-Licensee) doing any
work or providing any services on or in connection with the License Agreement shall obtain and
maintain during the life of this License Agreement, the following insurance coverages and
provide the requirements set forth hereinafter for such coverage:
A. In addition to any other insurance required under this License Agreement, the Licensee
shall procure and keep in force during the term of this License Agreement insurance as
follows:
I. Commercial General Liability insurance with minimum limits of $1,000,000.00
each occurrence, $2,000,000.00 aggregate. These limits may be achieved through
the use of an umbrella policy which states by endorsement it follows the form of
the primary coverage.
2. Automobile liability for any auto, owned, hired, borrowed and non-owned, of
$1,000,000.00 minimum limit.
3. The above limit amounts may be met by an umbrella liability policy following the
form of the underlying coverage in a minimum amount of $1,000,000.00 each
occurrence, $2,000,000.00 aggregate.
4. Workers' Compensation and Employer's Liability:
a. Workers' Compensation: If applicable, statutory coverage for Virginia,
and shall contain a waiver of subrogation in favor of the City of Roanoke,
the City's Parking Management Company, and their officers, agents and
employees, and an endorsement from the insurer to this effect shall be
received by City's Risk Manager before the start of any activities by
Licensee.
b. Employer's Liability:
1. $100,000-Bodily injury by accident each occurrence.
2. $500,000-Bodily injury by Disease Policy Limit.
3. $100,000-Bodily Injury by Disease each employee.
5. Fire and extended coverage property insurance covering the vehicles that will be
using the Center in the Square Garage protecting Licensee, the City, and the
City's Parking Management Company, from fIre and other casualty to any such
vehicles and providing that the City, and the City's Parking Management
Company are listed as protected parties for any such losses.
Exhibit 3-204 license. doc
1
6. Any insurance coverage the City's Risk Manager deems reasonably necessary for
any of the activities Licensee may conduct on or in the Center in the Square
Garage, which may include an .increase in the limits of coverage set forth above.
B. All Insurance shall meet the following requirements:
1. Licensee shall furnish the City a certificate or certificates of insurance showing
the type, amount, effective dates and date of expiration of the policies.
Certificates oflnsurance shall include any insurance deductibles.
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 of written notice has
been provided to the Risk Management Officer of the City of Roanoke and the
City's Parking Coordinator.
3. The required certificate or certificates of insurance, except as to Workers'
Compensation and Employer's liability, shall name the City of Roanoke, the
City's Parking Management Company, and their officers, employees, agents,
volunteers, and representatives as additional insureds, and an endorsement from
the insurer to this effect shall be received by the Risk Management Officer of the
City of Roanoke within thirty (30) days of the date of this License Agreement.
4. Where waiver of subrogation is required with respect to any policy of insurance
required under this License Agreement, such waiver shall be specified on the
certificate of insurance.
5. Insurance coverage shall be on an occurrence basis unless otherwise permitted by
the City's Risk Manager and 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 License Agreement shall be
authorized to do business in the Commonwealth of Virginia.
6. Such insurance shall be primary and provide coverage before any insurance or
self insurance from Licensor and/or Licensor's Parking Management Company is
required to provide coverage.
END
Exhibit 3-204 license. doc
2
BID FORM
FOR A PARKING LICENSE AGREEMENT
FOR RESERVED PARKING PERMITS FOR THE
CITY'S CENTER IN THE SQUARE GARAGE
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AM>> DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.m, local time, Monday, December 21,2009, and are to be delivered to the address listed
below. The completed Bid Form; together with any other documents t4e bidder wishes to
submit, should be enclosed in a scaled envelope and addressed as follows:
Council of the City of Roanoke
c/o Office ofthe City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Parking License Agreement for Reserved Parking Permits for
the City's Center in the Square Garage, Not to Be Opened Until the City Council Meeting
at 2:00 p.m. on December 21,2009.
Date: I 2. } llQ / () 4)
2.01..1 ~"-F-I::~~\()N (o......./\C./I....N\\.IW\ D""'N\.~' A~~()t..I~Tio.v proposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Parking License Agreement for Reserved Parking
Permits for the City's Center in the Square Garage, a copy of which is on file in the Office of
the City Clerk for the City of Roanoke, 456 Noel C. Tayior Municipal Building, 215 Church
Avenue, S.W;, Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can
and will comply with the provisions of such Parking License Agreement.
Bid: monthly payments to be made according to the rates set forth below for each of the twenty
(20) Reserved Parking Permits provided by such License Agreement whether or not such
Parking Permits are used by the Licensee. Payment is due the Licensor the first of each month.
The rates for each ofthe Reserved Parking Permits shall be as follows:
Bid Form-Parking License.doc
Page 1 of2
Years 1-5
$ o. () D per month for each of the (20)
Reserved Parking Permits
Years 6-20
Rate per month for each Reserved Parking Permit
shall be equai to the then current prevailing
tt\"'~~"'T'f'I'~parkingrate applicable to Center in
the Square Garage as established by City Council
from time to time plus an additional $20.00
premium per permit, per month.
Bid Term: Twenty (20) years, commencing on April 1, 2010, and ending on March 31, 2030,
unless sooner terminated as provided for in the Parking License Agreement or by law.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter. .
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission, or the complete legal name ofbidder if it is not a corporation.
LEGAL NAME OF BIDDER: 2.01.1
BY: jt/~~
:rEr-i=lt.\.C,,,, c.u....1\o""..\.I\u.... {).....N~f-\
t4l.~ClC.' 4 Tiu~
TITLE: PRt:s,.J:>G.../-r
(Printed Title)
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(Printed Name)
STREET ADDRESS: 204 ~l.)uTI1 Sr:r:,~\.",()"" ~Tct\.~T
MAILING ADDRESS: z.oq <::"":;'vn.j ::i....F\'\...!\..\C", ~iltH.T I '-.>"-1;+ I Q
CITY: QOPl"'-"I:>Il..t.
STATE: V r'1
ZIP CODE: .J-~/~ 1/
TELEPHONE: (~t...so) ~ o~1 . 1 <0 '\ Ie,
FAX: (~ to (0) (p 'b q - 7 ~ ~ <0
Bid Form-Parking License.doc
Page 2 of2
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF THE CITY MANAGER
215 CHURCH AVENUE, S
ROOM 364, NOEL C. TA
ROANOKE VA 24011
. NOTICE OF PUBLI~-I
HEARING
AND
ADVERTISEMENT FOR
INVITATION FOR BIDS
REFERENCE: 80136394
11839279
NPH-License Agreemen
State of virginia
City of Roanoke
City/County of Roanoke, Commonwealth/State of
Virgi~}a. Sworn and subscribed before me this
___l~ay of DEC 2009. Witness my hand and
official seal.
..---:-
ry Public
Before the Council of the
City of Roanoke for
~xecution of a
Parking License Agreement
for reserved parking permits
for the
City's Center in the Square
Garage
Pursuant to the
requirements of Sections.
i 15.2-2100. 2101, 2102, et
r' seq., Code of Virginial
, (1950), as amended, the
City 0.( Roanoke (City)
hereby' gives notice that it is
inviting bids from qualified
bidders to enter into a
I Parking License Agreement
with the City for the
successful bidder to obtain
twenty (20) Reserved
Parking Permits for the use
of tw~nty (20) designated
parking spaces in the City's
Center in the Square
Garage located at 11
Campbell Avenue. S.E"
Roanoke, Virginia, subject
to certain te.rms and
conditions of such Parking
License Agreement, The
term of the Parking License
Agreement will be for
twenty (20) years, starting
on AP!il 1, 2010, and
ending at midnight on
March 31, 2030, unless
sooner terminated as
provided for in the License
Agreement or in acCordance
with the law, The
.designated spaces for
\which the twenty (20)
[Reserved Parking Permits
\will be able 0 be used are
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:
PUBLISHED ON:
12/09 12/16
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TOTAL COST:
FILED ON:
1,666.08
12/16/09
--------------------------------------------------+------------------------
Authorized ~ 4
signature'--f~;'V--
Billing Services Representative
describedilsToiiOwS:--1
The twenty designated
,parking spaces governed by
the proposed Parking
License Agreement are
located within the City's
Center in the Square
Parking Garage, located at
11 Campbell Avenue, S.E.,
and more specifically,
located on the northwest
corner of the fourth'(4th)
level of the facility, parking
\spaces currently numbered
401- 406 (inclusive) along
the western perimeter wall,
407-416 (inclusive) along
: the northern perimeter wall,
,and 417-420 on the south
and east side of the 4th
Ilevel's northwest corner
jvehicular access lanes.
. The purpose of such
IParking License Agreement
lis to allow residents of'
condominiums located in a I
,building that has a PhYSical:
,connection by a pedestrian I
jbridge to the City'S Center
inthe Square Garage tOI
tObtain twenty (20) Reserved
iParking Permits for the
(Licensee's exclusive use ofl
I'certain designated spaces,
in the City's Center in the'
Square Garage, subject tol
ce.rtain terms andl
conditions as may be more,
fully set forth in the'
resulting Parking License:
IAgreement. Any bidderl
;shall be able to provide
(sufficient evidence that
such bidder will be able'to
provide the residents of the
condominiums located in
the building at 204
,Jefferson Street (204
'Building) use of the
Ipedestrian bridge that
I physically connects the 204
iBuilding to the City's Center
'in the Square Garage and to
maintain such pedestrian
bridge and to provide for
compliance with the terms
of the proposed Parking
license Agreement
requiring certain terms and
conditions for the
designated spaces to be
used for the Reserved
(Parking Permits.
Ilf the City elects to award
the Parking License
IAgreement for this matter,
IC i t Y Co u n c i I will be
jrequested to adopt an
(ordinance granting such an
laward which will provide in
substance for a Parking
[License Agreement as set
[forth above. A copy of the
(full text'of the proposed
jordinance is on file and
,may be reviewed in the
.office of the City Clerk,
Room 456, Noel C. Taylor
Municipal Building, 215
.Church Avenue, S.W.,
Roanoke, Virginia 24011.
, Any Interested party is
invited to submit a written
bid for a Parking License
'Agreement for reserved
parking permits for the
:Clty's Center In the Square
[Garage as set forth above.
lEach bidder shall submit at
:a minimum' the following
linformatlon:
1.1.The legal name of the
;entlty submitting the bid.
, 2.The amount of thel
:,Iicense,payments proposed
,to be made to the ,City for
.such Parking License
" ,Agreement. I
..' 3.Such other information
!as the bidder deems
~~-E!oprlate. ,__---..-J
[BidSanrTo'oe sUQmitled
jin a se~led ,env,aJope or
j container to the City Clerk
at the address noted above
on or before Noon, 12:00
iP.m., local time, Monday,
December 21, 2009. The
'outside of the bid envelope,
should be marked as,
:follows: "BID FOR PARKING,
LICENSE AGREEMENT FORI
RESERVED PARKINGI
PERMITS FOR THE CITY'S
CENTER IN THE SQUARE'
GilRAGE, NOT TO BE'
,OPE'NED UNTIL THE CITYll
',COUNCIL MEETING AT 2:00.
P.M. ON DECEMBER 21,
2009." The bid should be
addressed to the City
Council of Roanoke, c/o
pfflce of, the City Clerk,
Room 456, NoelC. Taylor
.Munlclpal Building, 215
Church Avenue, SW"
Roanoke, Virginia, 24011.-
illl bids received will be held !
by the City Clerk, unopened,
until 2:00 p.m., local time,
on Monday, December 21,
2009. at which time they
will be delivered to the
CouncU Chambers, Room' .j:
450, Noel C. Taylor
Municipal Building, 215
.jCh u rch Ave n u e ,swi:
Roano,ke, Virginia, 24011;
and thereafter be publicly
opened and read aloud in
1 accordance with Section
15.2-2102, Code of Virginia
i (1950), as amended.
I The City reserves the right
to cancel this Invitation for
Bids and/or to reject any
: and all bids, to waive any
I Informality or irregularity in
the bids received, and to
accept the bid which, is
deemed to be in the best
I interest of the City. '
The entity to whom anyi
Parking License Agreementl
/may be awarded shall
reimburse the City for thei
costs of any advertisements I
for this matter. I
, The necessary bid form, a'
[cop'y of the proposed,
'Parking License Agreement, !
and the proposed Ordinance i
;may be obtained from thel
City Clerk's Office at the
above address on and after
Wednesday, December 9, I
2009. , I
Pursuant to thet
requirements of Sections
15.2-2100, et seq., Code of
[Virginia (1950), as
amended, notice is hereby
given that the Council of the
ICityof Roanoke will hold a
I public hearing on the above I
)maner on December 21
2009, at 7:00 p.m.,locai
time, or as soon thereafter
as Council is avaUable, in
the Council Chambers
Room 450, Noel C. Taylo;
;Munlcipal Building,,215
'Church Avenue, SW
.,1 Roarioke. Virginia, 24011:'
I Fo~ further information on.
thiS matter, you mayl
contact the Office of the
,City Clerk at (540)1
' 853-2541.
All parties and Interested
citizens may appear on the
. above date and time and bel
heard on the matter. I
If you are a person who
needs accommodations fori
this hearing, please contact!
the City ClerWs Office at:
(540).853-2541 beforel
12:00 noon' on the ThursdaYI
before the date of the.
hearing listed above. I
GIVEN under my hand this'
4th day <if December, 2009. '
Stephanie M. Moon, I
. City Clerk. 'I
(11839279)
J
_" < f .~ :. ..'
\-. '-,
..Jt.~
.".."."
,.{c.. ~.i
/ t-,
,,(
pll.
NOTICE OF PUBLIC HEARING
AND
ADVERTISEMENT FOR INVITATION FOR BIDS
Before the Council of the City of Roanoke for Execution of a
Parking License Agreement for reserved parking permits for the
City's Center in the Square Garage
Pursuant to the requirements of Sections 15.2-2100, 2101, 2102, et seq., Code of Virginia
(1950), as amended, the City of Roanoke (City) hereby gives notice that it is inviting bids from
qualified bidders to enter into a Parking License Agreement with the City for the successful
bidder to obtain twenty (20) Reserved Parking Permits for the use of twenty (20) designated
parking spaces in the City's Center in the Square Garage located at 11 Campbell Avenue, S.E.,
Roanoke, Virginia, subject to certain terms and conditions of such Parking License Agreement.
The term of the Parking License Agreement will be for twenty (20) years, starting on April I,
20 I 0, and ending at midnight on March 31, 2030, unless sooner terminated as provided for in the
License Agreement or in accordance with the law. The designated spaces for which the twenty
(20) Reserved Parking Permits will be able to be used are described as follows:
The twenty designated parking spaces governed by the proposed Parking License
Agreement are located within the City's Center in the Square Parking Garage,
located at 11 Campbell Avenue, S.B., and more specifically, located on the
northwest comer of the fourth (4th) level of the facility, parking spaces currently
numbered 401- 406 (inclusive) along the western perimeter wall, 407-416
(inclusive) along the northern perimeter wall, and 417-420 on the south and east
side of the 4th level's northwest comer vehicular access lanes.
The purpose of such Parking License Agreement is to allow residents of condominiums located
in a building that has a physical connection by a pedestrian bridge to the City's Center in the
Square Garage to obtain twenty (20) Reserved Parking Permits for the Licensee's exclusive use
of certain designated spaces in the City's Center in the Square Garage, subject to certain terms
and conditions as may be more fully set forth in the resulting Parking License Agreement. Any
bidder shall be able to provide sufficient evidence that such bidder will be able to provide the
residents of the condominiums located in the building at 204 Jefferson Street (204 Building) use
of the pedestrian bridge that physically connects the 204 Building to the City's Center in the
Square Garage and to maintain such pedestrian bridge and to provide for compliance with the
terms of the proposed Parking License Agreement requiring certain terms and conditions for the
designated spaces to be used for the Reserved Parking Pennits.
If the City elects to award the Parking License Agreement for this matter, City Council will be
requested to adopt an ordinance granting such an award which will provide in substance for a
Parking License Agreement as set forth above. A copy of the full text of the proposed ordinance
is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
License Agreement Ad 204.doc
1
Any interested party is invited to submit a written bid for a Parking License Agreement for
reserved parking permits for the City's Center in the Square Garage as set forth above. Each
bidder shall submit at a minimum the following information:
1. The legal name of the entity submitting the bid.
2. The amount of the license payments proposed to be made to the City for such
Parking License Agreement.
3. Such other information as the bidder deems appropriate.
Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted
above on or before Noon, 12:00 p.m., local time, Monday, December 21,2009. The outside of
the bid envelope should be marked as follows: "BID FOR PARKING LICENSE AGREEMENT
FOR RESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE
GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2:00 P.M. ON
DECEMBER 21, 2009." The bid should be addressed to the City Council of Roanoke, c/o
Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue,
SW, Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until
2:00 p.m., local time, on Monday, December 21, 2009, at which time they will be delivered to
the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
SW, Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance
with Section 15.2-2102, Code of Virginia (1950), as amended.
The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to
waive any informality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom any Parking License Agreement may be awarded shall reimburse the City
for the costs of any advertisements for this matter.
The necessary bid form, a copy of the proposed Parking License Agreement, and the proposed
Ordinance may be obtained from the City Clerk's Office at the above address on and after
Wednesday, December 9,2009.
Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matter on December 21,2009, at 7:00 p.m., local time, or as soon thereafter
as Council is available, in the Council Chambers, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. For further information on this
matter, you may contact the Office of the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and time and be heard on the
matter.
License Agreement Ad 204.doc
2
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this A.ta day of Decemher
,2009.
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Wednesday, December 9,
2009, and once on Wednesday, December 16,2009.
Please send bill to:
Please send affidavit of publication to:
R. Brian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 240 II
(540) 853-2333
Stephanie M. Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
(540) 853-2541
License Agreell1eni Ad 204.doc.
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
'Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Sheila Andrews
CEO and President
Big Brothers Big Sisters
of Southwest Virginia, Inc.
124 Wells Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Andrews:
I am enclosing copy of Ordinance 38675-122109 exempting from .real estate
property taxation certain property of the Big Brothers Big Sisters of Southwest
Virginia, Inc., located in the City of Roanoke, an organization devoted exclusively
to charitable or benevolent purposes on a non-profit basis, effective on January
1, 2010, if by such time a copy, duly executed by an authorized officer of Big
Brothers Big Sisters has been filed with the City Clerk.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 21, 2009, and is in full
force and effect upon its passage.
Sincerely,
~tn.~
Stephanie M. Moon, CMC
City Clerk
Enclosure
K:\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
Sheila Andrews
December 30, 2009
Page 2
pc: The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Management and Budget
K\Agenda Correspondence\December 21, 2009\December 21,2009 Correspondence. doc
~ \\..,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of December, 2009.
No. 38675-122109.
AN ORDINANCE exempting from real estate property taxation certain property of the
Big Brothers Big Sisters of Southwest Virginia, 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, Big Brothers Big Sisters of Southwest Virginia, 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 December 21,2009;
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 Nos. 2012914, 2012915, and 2016916, commonly known as 124 Wells Avenue,
N.W. (the "Property"), and owned by the Applicant, and providing that th~ 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 ClPplicable to the Property were the
K:\Measures\tax exempt bbbs 1009 land.doc
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 the Big Brothers Big Sisters of SOl.\thwest
Virginia, 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 Nos. 2012914, 2012915, and 2012916,
commonly known as 124 Wells 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 Councii' 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 January 1, 2010, 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 Sheila Andrews, CEO and President, and the authorized agent of Big Brothers
Big Sisters of Southwest Virginia, Inc.
K:\Measures\tax exempt bbbs 1009 land.doc
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
'-
~n ,,)~
A~',I.~~
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Big Brothers Big Sisters of Southwest
Virginia, Inc., this _ day of
,2009.
Big Brothers Big Sisters of Southwest Virginia, Inc.
By
(SEAL)
Printed Name and Title
K:\Measures\tax exempt bbbs 10 09 land.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 21, 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 -
Big Brothers Big Sisters of
Southwest Virginia, Inc.
'"j
Dear Mayor Bowers and Members of City Council:
Background:
Big Brothers Big Sisters of Southwest Virginia, Inc., a Virginia, non-stock, not for
profit corporation owns certain real property known as tax map #'s 2012914,
2012915, and 2012916 located at 124 Wells Avenue, NW, Roanoke. The three
parcels consist of two parking lots (#2012914 and 2012915) and a 2,640 square
foot two-story house (#2012916) that has been converted into office space. The
organization itself uses the second floor of the building to conduct its business.
Much of the first floor of the building is vacant and is currently available for rent.
In fact, the organization rents one office to a music teacher. The organization
desires the property to be designated as exempt from real estate taxes pursuant to
the provisions of the Code of Virginia. The organization is an affiliate of Big
Brothers. Big Sisters of America providing one-to-one supportive mentoring services
to at-risk children. At present, annual real estate taxes due on the parcels are
$2,741 on a total assessed value of $230,300.
This petition was originally filed in the City Clerk's Office on August 31 st. Action on
the petition was held until delinquent real estate taxes were paid. As of December
3rd, Big Brothers Big Sisters has brought its real estate taxes current and is now in
good standing.
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. Based on this policy and procedures, Big Brothers Big Sisters of
Honorable Mayor and Members of City Council
December 21, 2009
Page 2
Southwest Virginia, Inc., has provided the necessary information required for
applications for exemptions that would take effect january 1, 2010.
As noted above, the assessed value of the real property at 124 Wells Avenue is
currently $230,300 with annual taxes due of $2,741. In lieu of the $2,741, Big
Brothers Big Sisters of Southwest Virginia, Inc., would agree to pay to the City an
annual service charge equal to twenty percent of the tax levy on the parcel for as
long as the exemption continues. In this case, the service charge amount would be
$548. Consequently, the City would be foregoing $2,193 in real estate revenue.
However, the Department of Real Estate Valuation will work with the organization,
the current tenant' on the first floor of the building, and any future tenants who
rent portions of the property, to establish leasehold taxes based on the terms of
the leases since real estate covered by such leases to taxable entities or individuals
would be subject to leasehold taxes.
The Commissioner of the Revenue has determined that Big Brothers Big Sisters of
Southwest Virginia, Inc., is currently not exempt from paying real estate taxes by
classification or designation under the Code of Virginia. The IRS recognizes the
organization as a 501 (c)(3) tax-exempt organization.
Notification of a public hearing to be held December 21, 2009, was duly advertised
in the Roanoke Times.
Recommended Action:
Authorize Big Brothers Big Sisters of Southwest Virginia, Inc.'s exemption from real
estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia,
effective January 1, 2010, if the organization agrees to pay the subject service
charges on the real estate by that date.
Darlene L. Bur: ham
City Manager
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
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Sherman M. Stovall, Director of Management and Budget
Ms. Sheila Andrews, CEO & President, Big Brothers Big Sisters of Southwest
Virginia, Inc., 124 Wells Avenue, NW, RoanOKe, VA 24016
CM09-00175
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
BIG BROTHERS BIG SISTERS
124 WELLS AVE., NW
ROANOKE VA 24016
REFERENCE:
80161589
11841580
NPH-Tax Exempt Big B
NOTICE OF PUBLIC
HEARING
Natice is hereby given that
,the City Cauncil .of the City
I .of Raanake will hald al
I public hearing at its r.egular!
meeting ta be held an
I December 21, 2009,
I cammencing at 7:00 p.m.,
in the Cauncil Chambers,
4th Flaar, Nael C. Taylar
Municipal Building, 215
Church Avenue, S.W.,
Raanake, Virginia, an the
questian .of adaptian .of an
ordinance pursuant ta
S58.1-3651, Cade .of
Virginia (1950), as
\amended, approving the
\request .of Big Brathers Big
Sisters .of Southwest
IVi r gin i a, 'I n c ., far
!designatia,n .of its real
praperty as exempt from
" taxation.
\ The assessed value .of the
applicant's real property
, located at 124 'Wells
:,- Avenue, and knawn as Tax
I Map Nas. 2012914,
2012915, and 2012916, is
currently $230,300, and
I real estate taxes .of $2,741
were paid in the mast
recent year.
. Citizens shall have the
appDrtunitY'ta be heard arid
express their apinians an
this maller.
If yau are a person with a
disability WhD needs
accDmmadatians for this
'\ public hearing, cantactthe
City Clerk's Office,
853-2541, by 12:QO nODn
an Thursday, December 17,
i 2009. .
, GIVEN under my hand !his
'8th day .of December, 2009.
" Stephanie M. Moan,
City Clerk.
I
(11841580)
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~\pia. Sworn and subscribed before me this
__JJ~ay of DEC 009. Witness my hand and
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing
at its regular meeting to be held on December 21,2009, 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 958.1-3651, Code of Virginia
(1950), as amended, approving the request of Big Brothers Big Sisters of Southwest Virginia, Inc.,
for designation of its real property as exempt from taxation.
The assessed value ofthe applicant's real property located at 124 Wells Avenue, and known
as Tax Map Nos. 2012914,2012915, and 2012916, is currently $230,300, and real estate taxes of
$2,741 were paid in the most recent year.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, December 17, 2009.
GIVEN under my hand this 8th day of December , 2009.
Stephanie M. Moon, City Clerk.
K:IMEASURESITAX EXEMPT PH NOTICE BBBS 10 09,DOC
Note to Publisher:
Please publish once in The Roanoke Times, on Friday, December11, 2009.
Please send bill to:
Please send affidavit of publication to:
Sheila Andrews
CEO and President
Big Brothers Big Sisters of Southwest
Virginia, Inc.
124 Wells Avenue, N. W.
Roanoke, VA 24016
(540) 345-9604
Stephanie M. Moon
City Clerk's Office
215 Church Avenue, S. W.
Room 456
Roanoke, VA 24011
(540) 853-2541
I
'j
DEPARTMENT OF MANAGEMENT & BUDGET
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 354 04:4'
Roanoke, Virginia 24011 CITY CLERK'09 DEe 11 Plf, ,. b
540.853.6800 fax: 540.853.2773
December 11, 2009
Ms. Sheila Andrews
CEO and President
Big Brothers Big Sisters of Southwest Virginia, Inc.
124 Wells Avenue, NW
Roanoke, VA 24016
Dear Ms. Andrews:
The Big Brothers Big Sisters of Southwest Virginia, Inc. filed a petition in
the City Clerk's Office on August 31, 2009 requesting exemption from
taxation on real property located at 124 Wells Avenue, NW. The real
property is identified as tax map numbers 2012914, 2012915, and
2012916.
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, October 5, 2009, the Council approved a request of the City
Manager to hold a public hearing on the matter to receive citizen
comments on the request. However, as you know, action on the petition
was held until delinquent real estate taxes were paid. .As of December
3rd, Big Brothers Big Sisters has brought its real estate taxes current and
is now in good standing with the City. As such, a public hearing on the
matter will now be held on Monday, December 21, 2009, at 7:00 p.m. or
as soon thereafter as the matter may be heard. Notices of the public
hearing will be published in the Roanoke Times. Your organization will
be billed for the amount incurred for publishing the notices.
~.
I am forwarding you a copy of a Council Report dated December 21,
2009, from the City Manager's Office ~ddressed 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 December 21 st .
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, 21 5 Church Avenue, S. W.
If you have any questions regarding this information, please feel free to
call me at 540-853-1643.
Sincerely,
R6~~,}.
R. B. Lawhorn, Jr.
Budget/Management Analyst
Department of Management and Budget
Enclosure
v c: Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
August 31, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
.,
I)
Dear Ms. Burcham:
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 adopteq 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
August 31, 2009, by Big Brothers Big Sisters of Southwest Virginia, a Virginia,
non-stock, not-for-profit corporation, requesting exemption from taxation of real
property, located at 124 Wells Avenue N. W., 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 of
July 1 st. Petitions forwarded by October 15th will have an effective date of
January 1 st.
Sincerely,
fttt..~ <.L~h1 'f'h1~
Stephanie M. Moon, C{C
City Clerk
SMM:aj
Attachment
Darlene L. Burcham
August 31, 2009
Page 2
Pc: Sheila Andrews, CEO & President, Big Brothers Big Sisters of Southwest
Virginia, 124 Wells Avenue, N. W., Roanoke, Virginia 24016
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
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
ROPERTY PURSUANT TO ARTICLE X, SECTION (a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
~h"'-
1 a. Your Petitioner, Big Brothers Big Sisters of Southwest Virginia, !t1c,
A Virginia, non-stock, not for profit corporation owns certain real property,
Located at 124 Wells Ave., NW in the City of Roanoke, Virginia,
Which property is City Of Roanoke Tax Map ID # 2012915, 2012916, 2012914
with a total Assessed value of $230.300 and a total of$ 2,741 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
Organization is an affiliate of Big Brothers Big Sisters of America providing
one-to-one supportive mentoring services to at risk children.
(Describe proposed use of real property, if applicable.)
Be exempt from taxation under the provisions of Article X, Section 6
(a)(6) ofthe 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.
(ifrequesting exemption for personal property, complete section l.b)
1 b. Your Petitioner,
A Virginia, non-stock, not for profit corporation owns certain personal
Property, located at in the City of Roanoke, .
Virginia, with a total assessed value of $ and a total of
$ in personal 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 personal property, to be used
Exclusively for charitable and benevolent purposes in
(Describe proposed use of personal property, if applicable.)
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
1
Not or 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 the City of Roanoke, an annual service charge
In an amount equal to twenty percent (20%) ofthe 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, iflocated 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 question 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 on April 14, 1953.
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
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
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
2
5.
6.
7.
8.
9.
Note:
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
(Q): Whether the organization provides services for the
Common good of the public.
(A): Your Petitioner provides services for the common
Good ofthe public in as much as it provides one-to-one mentoring
Services. (Describe the public service)
(Q): Whether a substantial part ofthe 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
(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
(Q): Whether there is a significant revenue impact to the
Locality and its taxpayers of exempting the property.
(A): NO
(Q): Any other criteria, facts and circumstances, which
The governing body deems pertinent to the adoption of such
Ordinance.
(A): NO
(Provide as necessary).
All Tax Exemption Petitions must be filed with the City
Clerk's Office.
3
THEREFORE. your Petitioner, Big Brothers Big Sisters of Southwest Virginia I /n.{..
Respectfully requests to the Council of the City of Roanoke that this real or .s'~
Personal property, or both, 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 providing
one-to-one supportive mentoring services.
(Repeat proposed use of property)
Respectfully submitting this
25day August, 2009.
BY:~~
Sheila Andrews CEO & President
Big Brothers Big Sisters of Southwest Virginia} 111(."
sandrews@bigslittles.org
540.345.9604
!iJA
4
.~
Big Brothers Big Sisters
of Southwest Virginia
Little Moments. . . Big Magic
July 23,2009
Sherman A. Holland
Commissioner of the Revenue
215 Church Ave., SW
Room 251
Roanoke VA 240 II
Dear Mr. Holland,
Big Brothers Big Sisters of Southwest Virginia is seeking to become exempt from paying
real estate tax on our office/property located at 124 Wells Ave., NW in Roanoke. Please
accept this letter as a request seeking a determination from the Commissioner of Revenue
whether Big Brothers Big Sisters is eligible for tax-exempt status by classification or
designation per Title 58.1, Chapter 36 - Tax Exempt Property, of the Code of Virginia
(1950), as amended.
We are a non-profit organization using the property at 124 Wells Avenue as our
organization's home office. We currently house five staff at this location and seek to
provide professionally supported one-to-one mentoring for at risk children.
Thank you for your time and consideration. I look forward to hearing from you at your
earliest convenience.
Respectfully submitted,
~
Sheila Andrews
CEO & President
sandrews@bigslittles.org
cc: R. B. Lawhorn
124 Wells Ave., NW . Roanoke, VA 24016
Phone (540) 345-9604 . FAX (540) 345-6992
www.bigslittles.org
1999 S. Main St., Suite 304. Blacksburg, VA 24060
Phone (540) 552-5007 . FAX (540) 552-5032
www.bigslittles.org
flutfn",Agrncy
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief Deputy
July 28, 2009
Ms. Sheila Andrews
CEO & President
Big Brothers, Big Sisters of Southwest Virginia
124 Wells Ave, NW
Roanoke, VA 24016
Re: Exemption of property located at 124 Wells Ave, NW
Tax Map No. 2012916
Dear Ms. Andrews:
We received your letter dated July 23, 2009 requesting a determination of the tax
exempt status of the above captioned property. The above parcel is currently being taxed
by the CHYQf Roanoke for real estate taxes for the 2009-10 tax year. This property is not
currently exelhpt by classification or designation.
Should you have any additional questions please do not hesitate to call.
Sincerely,
~/,~'"
'/' .~.-<
;';
......' .
Sherman A. Holland
Commissioner of the Revenue
SAH/jec
Cc:
Stephanie Moon, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
l'
215'Church Avenue SW, Room 251 * Roanoke, Virginia 24011
Phone (540) 853-2521 * Fax (540) 853-1115 * www.roanokegov.com
Internal Revenue Service
Director, Exempt Organizations
Rulings and Agreements
Department of the Treasury
P.O. Box 2508
Cincinnati, Ohio 45201
Date:
iqr. \,j!
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>1V~
'~ :,;
r)f'lnt:.
LUll,",
Person to Contact - ID#:
Ms. K. Wilmer 52-05885
Contact Telephone Numbers:
877-829-5500 Phone
513-263-3756 Fax
Fede~al Identification Number:
54-0837136
Big Bothers Big sisters
Of Southwest Virginia Inc
124 Wells Ave NW
Roanoke, VA .%4016
Dear Sir or Madam:
By our determination dated April, 1953, you were held to be exempt from
Federal Income Tax under the provisions of section 501(c) (3) of the
Internal Revenue Code.
You recently furnished us information that the Big Brothers-Big Sisters Of
New River Valley Inc merged with Big Brothers Big Sisters Of Roanoke Valley
Inc on June 1, 2002. The name has been changed to Big Brotpers Big Sisters
Of Southwest Virginia Inc. Based on the information submitted, we have
determined that the merger does not affect your exempt status. The
organization will continue using Employer Identification Number 54-0837136.
Please let us know about any further changes in the character, purposes,
method of operation, name or address of your organization.
If you have any questions regarding this matter, please contact the person
whose name and telephone number appear in the heading of this letter.
Sincerely,
~ .5 C; U ~ A.f!-""'__
Lois G. Lerner
Director, Exempt Organizations
Rulings and Agreements
Enclosure
lID ~cg~~WIT:1ffi
Jnl NOV 2 1 2005 lliJ
BY: ____________________
CLINTON MILLER
CHAIRMAN
G ]\1MONWEALTH-- OF ViR
o -< GINI~
JOEL H. PECK
CLERK OF THE COMMISSION
P.O. BOX 1197
RICHMOND, VIRGINIA 23218-1197
THEODORE V. MORRISON, JR.
COMMISSIONER
HULLlHEN WILLIAMS MOORE
COMMISSIONER
STATE CORPORATION COMMISSION
Office of the Clerk
June 1,2002
CLARK H WORTHY
JOHNSON AYERS & MATTHEWS
PO BOX 2200
ROANOKE, VA 24009-2200
RE: Big Brothers Big Sisters of Southwest Virginia,
10: 0066052 - 2
DCN: 02-05-14-0103
Dear Customer:
This is your receipt for $25.00 covering the fees for filing articles of merger with this office.
The effective date of the certificate of merger is June 1,2002.
Non-surviving entities:
BIG BROTHERS/BIG SISTERS OF NEW RIVER VALLEY, INC.
are merged into Big Brothers Big Sisters of Southwest Virginia, Inc.(formerly BIG BROTHERS
BIG SISTERS OF THE ROANOKE VALLEY,).
If you have any questions, please call (804) 371-9733 or toll-free in Virginia, 1-866-722-2551.
Sincerely,
Joel H. Peck
Clerk of the Commission
MERGACPT
CIS0436
Tyler Building, 1300 East Main Street, Richmond, VA 23219-3630
Clerk's Office (804) 371-9733 or (866) 722-2551 (toll-free in Virginia) www.state.va.us/scc/division/clk
Telecommunications Device for the Deaf-TDDNoice: (804) 371-9206
.AJ
Big Brothers Big Sisters
of Southwest Virginia
Little Moments. . . Big Magic
August 25,2009
Stephanie Moon, City Clerk
City of Roanoke
215 Church Ave., SW
Noel C Taylor Municipal Building
Room 456
Roanoke VA 24011-1536
Dear Ms. Moon,
Big Brothers Big Sisters of Southwest Virginia is seeking to become exempt from paying
real estate tax on our office/property located at 124 Wells Ave., NW in Roanoke. The
Tax Map Numbers are 2012914, 2012915, and 2012916. We previously sent Mr.
Sherman Holland a letter seeking a determination from the Commissioner of Revenue
whether Big Brothers Big Sisters is eligible for tax-exempt status by classification or
designation per Title 58.1, Chapter 36 - Tax Exempt Property, of the Code of Virginia
(1950), as amended. He determined that we are not eligible according to the code
(Response is attached).
Attached is our petition seeking tax exemption from the City of Roanoke. We are a non-
profit organization using the property at 124 Wells Avenue as our organization's home
office. Part of the property is a parking lot on the side of our offi~e building. We
currently house five staff at this location and seek to provide professionally supported
one-to-one mentoring for at risk children. One office is being rented to a music teacher.
For your reference, enclosed is documentation regarding our official name change and
the date of our 501 @3 status. If you have any questions, please feel free to call me or
email me. Thank you for your time and consideration. I look forward to hearing from
you at your earliest convenience.
Respectfully submitted,
~{)iv1~
Sheila Andrews
CEO & President
sandrews@bigslittles.org
cc: R. B. Lawhorn
Enclosures
124 Wells Ave., NW . Roanoke, VA 24016
Phone (540) 345-9604 . FAX (540) 345-6992
www.bigslittles.org
1999 S. Main St., Suite 304. Blacksburg, VA 24060
Phone (540) 552-5007' FAX (540) 552-5032
www.bigslittles.org
PvrtIW"Ag~1K"y
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chid Deputy
July 28, 2009
Ms. Sheila Andrews
CEO & President
Big Brothers Big Sisters of Southwest Virginia
_ 124 Wells Ave, NW
Roanoke, VA 24016
Re: Exemption of property located at 124 Wells Ave, NW
Tax Map No. 2012916
Dear Ms. Andrews:
We received your letter dated July 23, 2009 requesting a determination of the tax
exempt status of the above captioned property. The above parcel is currently being taxed
by the City of Roanoke for real estate taxes for the 2009-10 tax year. This property is not
currently exempt by classification or designation.
Should you have any additional questions please do not hesitate to call.
Sincerely,
~-""':"~",
. . -
, ~
.", .
Sherman A. Holland
Commissioner of the Revenue
SAH/jec
'-
Cc: Stephanie Moon, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SW. Room 251 * Roanoke. Virginia 24011
Phone (540) 853-2521 * Fax (540) 853-11l5 * wlVw.roal1okegov.com
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 30,2009
Douglas and Brooke Devine
424 Walnut Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. and Mrs. Devine:
Your Petition for Appeal of a decision of the Architectural Review Board with
regard to a Certificate of Appropriateness to replace a rear picture window with
Hardiplank siding to match rear porch at 424 Walnut Avenue, S. W., which is not
consistent with the H-2 Guidelines, was before the Council of the City of
Roanoke at a regular meeting held on Monday, December 21 , 2009.
On motion, duly seconded and adopted, the Council affirmed the decision of the
City of Roanoke Architectural Review Board on October 8, 2009, and
recommended that no Certificate of Appropriateness be issued to replace a rear
picture window with Hardiplank siding to match rear porch at 424 Walnut Avenue,
S: W., as set forth in the Application for Certificate of Appropriateness on the
grounds that the proposed installation and location are not architecturally
compatible with the structures or historic landmarks in the H-2 District.
Sincerely,
.~rn.~~
Stephanie M. Moon, CMC
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Thomas Carr, Director, Planning, Building and Development
Barbara Botkin, Chair, Architectural Review Board, 616 Marshall
Avenue, S. W., Roanoke, Virginia 24016
Erica J. Taylor, Agent, Architectural Review Board
Candace R. Martin, Secretary, Architectural Review Board
K: \Agenda Correspondence\December 21 , 2009\December 21, 2009 Correspondence. doc
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 21, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Rupert Cutler, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Appeal of decision of the
Architectural Review Board to deny
the issuance of Certificate of
Appropriateness No. 09-058 for 424
Walnut Avenue S.W.
Background:
On October 9, 2008, the Architectural Review Board (ARB) approved a
Certificate of Appropriateness (COA) for work on the rear of the existing
house at the above address. On July 27, 2009, staff conducted an
inspection for final signoff on the building permit and discovered certain
work had been performed which was not authorized by the COA
(Attachment A):
1) Installation of a door on the southwest corner of the house;
2) Installation of a brick patio, stairs and handrail at southwest corner;
3) Infill of a rear picture window using Hardiplank and three small
windows;
4) Addition of a second window to upper level crawl space.
Items 1, 2, and 4 were eligible for administrative approval by the Agent.
However, item 3 required approval by the ARB. .
Staff notified the owner about the four unauthorized items and indicated
the appropriate corrective actions. (Attachment B).
Despite noncompliance with the COA, staff issued a temporary certificate
of occupancy so the owner could obtain financing and inhabit the house.
A permanent certificate of occupancy cannot be issued until the issues of
noncompliance are resolved.
The owner applied for a COA for the new door, the brick patio, and the
upper level window. These items were eligible for administrative
approval and a COA was issued for the work on September 4, 2009, thus
bringing thi3.t work into compliance (Attachment C).
The outstanding item-the infill of the picture window-required review
by the full ARB. The owner applied for a COA on September 3, 2009, and
the matter was considered by the ARB on October 8, 2009 (Attachment
D). The ARB, by vote of 0-7, denied the COA request.
The ARB determined that the proposed infill siding was inappropriate and
inconsistent with both the house and the H-2 Architectural Design
Guidelines. (Attachment E).
Mr. Devine was notified of the COA denial and his right to appeal to City
Council by letter dated October 9, 2009. Mr. Devine filed an appeal of
the ARB's decision on November 5, 2009 (Attachment F).
Considerations:
The H-2 Architectural Design Guidelines (Guidelines) for siding and basic
design principles are relevant to consideration of this application. Staff
and the ARB cited these specific sections:
"Replace missing siding using established preservation techniques,
such as patching or piecing in. Materials should conform exactly to
the original in size and shape, color and texture, and joint and
weatherface exposure." (Siding)
"... the rears of houses typically were more utilitarian in design and
changed more frequently. Therefore, a wider range of appropriate
materials and design are allowed to the rear of properties and
areas not readily visible from the street. Owners that propose
additions that do not impact the building's original or current skin,
e.g. decks and patios, also have greater design flexibility." (Basic
Design Principles)
The material used to infill the window opening impacts the building's
original or current skin. While Hardiplank is commonly approved as a
siding material in the historic district, its application as an infill material
is inappropriate given the brick veneer of the house and the brick used to
infill an upper sleeping porch.
During the October 2009 meeting, the ARB suggested that the three fixed
windows in the location of the picture window were appropriate, but the
infill siding material below the windows was not appropriate. The ARB
further suggested that replacing the Hardiplank with brick and leaving
the replaced windows intact would be an appropriate solution
(Attachment G).
Recom mendation:
The Architectural Review Board recommends that City Council affirm its
decision to deny the issuance of a Certificate of Appropriateness to
permit the installation of the Hardiplank as window infill.
Sincerely, ~
bcdJtuu>.;f ;j~
Barbara Botkin, Chair
Architectural Review Board
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Assistant City Manager
Erica Taylor, Agent, Architectural Review Board
ATTACHMENT A
C5 CITY OF ROANOKE (~.)
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
October 13, 2008
Mr. and Mrs. Doug Devine
419 N. Market Street
Salem, VA 24153
Dear Mr. and Mrs. Devine:
Subject:
Certificate of Appropriateness No. 08-076
424 Walnut Avenue, S.W., - Official Tax No. 1030103
The City of Roanoke Architectural Review Board considered your request
for a Certificate of Appropriateness and your request was approved as set out on
the enclosed Certificate. Please bring your Certificate and drawings with you
to Room 170, Noel C. Taylor Municipal Building, when applying for al/.
applicable permits.
If you have any questions relative to this matter, please contact Erica
Taylor at 853-1522.
Sincerely,
Grdau ~
Candace R. Martin, Secretary
Architectural Review Board
enclosure
cc: Old Southwest, Inc.
Ms. Jennifer Lewis
C~\ CITY OF ROANOKE (/
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011 ,
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CERTIFICATE OF APPROPRIATENESS
No.: 08-076
Date: October 9, 2008
On October 9,2008, the City of Roanoke Architectural Review Board granted this
Certificate of Appropriateness to Doug and Brook Devine approving installation of
new side door entry and stairs constructed of a composite material; removal of
two-story screen rear porch to be re-built porch in slightly larger size with upper
floor enclosed using windows submitted in plan; removal of metal awning over
rear window, brick up of rear door; removal of modern vinyl-clad addition, and
enclosure of crawl space porch with addition of window at 424 Walnut Avenue,
S.W., as per the amended application and plans presented to the Board on the
date set out above.
This Certificate is valid for one year from the date set out above.
d l /1
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Barbara Botkin, Chair
.]Y.5.
H-2, Historic Neighborhood Overlay District
Application for .Certificate of Appropriateness
r-"J,r;;-- ROANOKE
Date of Application I I 0
Site Address I~ 2&.j Lv A..t I'\~ . ~ . ROA.nok:; VA 'ViOl (p
Property Owner:
Name:
City:
Do~By~ :c>eviN'
'-II., t--l.. M dIU" \ce.,(- Si .
S..Je~
Address:
Phone Number:
Owner's Representative (if applicable):
State: I VA Zip Code: I '2Ji ft'i3
E-Mail: I .f'
a"u4~ev\b'\~ e..- A.H.(\e.:f-
Name: r \ /'
......;,e nn 4 i -e V"
Address: I 1 J.J c::... /' II
. - I .:> . c.-d .e:Je,.
City: Sc-\e..1fY\ . -- State: rv-A
Phone Number: I ~ V ~ 0.." 0 E-Mail: ..r.l L ~ I t
-....r t v v'OCDo ~t\ ev ~ f:,ml TVl -e"'-'l S . Vi e.
Application Prepared By: I 0-e VlY\1 ~I/'" Gew "I.
Current Use: ~ingle-Family r Two-Family (Duplex) r Multifamily r Townhouse r Commercial
If Commercial. Describe Use: f.------ ------------
Project 1~ p-'*Roof V; Porch. y Windows and Doors r New Construction r Signs r Walls and Fences
r- Parking and Paving j7' Demolition r Other:
"PLEASE USE A IT ACHED SHEET FOR PROJECT DESCRIPTlot\L
Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the
conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARB, I understand that no changes are permitted without prior approval by the City.
Signature of Property Owner: 18 -, cU. '. t:7 ....---- Date: r:, f'1l~
Section Below to be Completed by Staff
\, /
Approval By: 7 ARB r Agent
Other approvals needed:
L e""" .' "'::s.
.
Zip Code: I Z&.flS '3
Certificate Number:
Tax Parcel Number: I, Ow ( 0:>
Base Zoning District: I H- 2/ ~M --\ -
r Zoning Permit
'ti.. Building Permit
r BZNPlanning Commission
r Other
Agent, Architectural Review Board:
I~ JJf1'Y(EW
w'~"._-~-_____._~w<<<_=_.,~n~....,""'~.._w....w...~_
Date: 111ft/oct
..._,-,_........._,...~...-...... 'r..........----.....--.....-......"....'...........-..'-......-....
Date:.
Form updated 01/08 Page 2 of 3
Member, Architectural Review Board:
r
H-2. Historic Neighborhood Overlay District
Submittal Requirements Checklist
I Submirby Emaill I PrilltForm. ,I
The following must be submitted for all applications:
r;7A completed application form and checklist. Applications will be deemed incomplete without owner signature.
A brief project description of work including how the proposed architectural or site alterations are consistent with the
r7ARB Guidelines for the subject Historic District. If historic materials are being replaced rather than repaired, please
provide justifications.
fV4'hotographs showing the current conditions of the specific project site.
For windows, doors, roofs and porches, the following must be submitted:
r-:/Scaled elevation drawings showing proposed alteration. If proposing to return building to an earlier appearance, please provide
Iv supporting documentation for the request (Le. historic photograph).
rVPhotograph, sample or catalog picture of proposed building material.
For walls and fences, the following must be submitted:
r Site plan showing the proposed location of the fence.
r Photograph or elevation drawing of fence design.
Sample, photograph or catalog picture of proposed material.
For new construction, the following must be submitted:
Site plan, including property lines, roadways, footprint of buildings and structures, paving etc.
Scaled elevation drawings of all sides of proposed building/addition.
r Samples, photographs or catalog pictures of building materials.
For parking/paving, the following must be submitted:
Site plan showing proposed location of new paving surface.
r- Photograph, sample or catalog picture of proposed building material.
For signs, the following must l)e submitted:
1- Freestanding: A site plan showing the proposed location of the sign
r- Building Mounted: Photograph or scaled drawing of elevation on which the proposed sign will be located.
Photograph orscaled drawing of the proposed sign, identifying materials, color, lettering (size and style), and wordage.
Specifications of sign brackets, mounting hardware and lighting, if applicable.
. For demolition, the following must be submitted:
lyljustification for demolition, including structural evaluation and cost estimates for rehabilitation.
For other items, please refer to a like category.
'Note: If applying by e-mail please include the above items as an attachment.
Department of Planning Building and Deve!oprn~o1
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540)853-1230
Please remember..
The COA does not relieve the property owner from the responsibility of obtaining any other required permits. A copy of the Certificate
must be submitted to the Development Assistance Center (DAC) for permitting. For more information contact the DAC at 853-1090. It is
strongly suggested that you do not order or purchase any materials until ARB approval and required City permits are obtained.
A8f3-Agent
Erica Taylor, City Planner \I
Phone: (540) 853-1522
E-mail: erica.taylor@roanokeva.gov
Form updated 01/08 Page 1 of 3
r
H-2, Historic Neighborhood Overlay District
Detailed Project Description
Site Address: I ~ z.~
Property Owner: I,' , L::>ov'j
Lv ",-J '" vt
~ 1:)~.CI ~
Z+. 'RO""""Dl<'!J - ~
De.vi~
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A~.,.\-
Project
Description:
,
Additional information to be submitted:
. r~hotographs r Site Plan I Vf:levation Drawingsr;?Sample, Photograph, or Catalog Pictures of Proposed Material
r Other:
Form updated 01/08 Page 3 of 3
r
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SIllithLewis
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14 South College Ave
Salem. VA 24153
(540) 387-3600 (t)
(540) 387-4300 (f)
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Doug and Brooke Devine
424 Walnut Street
Roanoke, VA 24016
Proiect Description
The proposed exterior renovations to this property are as follows:
1. We propose to add a new side door entry at an existing
window opening. A new wood stoop, stairs, and handrail will be
built to access the new door. Materials will be white painted
cedar and pressure treated wood. The skirting under the stoop
will be 4" weather cedar clapboards. The new door and transom
will be Weathershield Legacy series, with simulated divided lites.
The stair will be detailed as follows: 4x4 posts with copper
pyramid caps, rectangular section top and bottom rail, 1" square.
pickets, dark brown stained wood treads and painted risers. We
hope that this reflects the material palette and level of detail
appropriate for a side-yard entry,
2. We propose to remove the deteriorated two-story screened
porch, and re-build a new porch that is slightly larger. The new
porch will be enclosed on the second floor as a "Sunroom", and
the area below will be screened. Materials will be white painted
Hardi-board clapboard siding, Hardi-trim, and pressure-treated
lumber. The porch floor will remain concrete, using the existing if
possible, replacing with new where deterioration requires. The
existing metal awnings will be removed. New windows will be
Weathershield Legacy series, with simulated divided lites. The
new roof will be Elk fiberglass shingles in Sable(dark grey), with
Grace membrane underlayment.
The new porch will use structural posts a'nd horizontal divisions
similar to the proportions of the existing. Where the upper floor
will be enclosed, trim boards will be used to mark these
proportions. The simple detailing of the existing painted wood
structure with minimal trim will serve as the model for new work.
The new shed roof will be slightly flatter in pitch than the existing,
,
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so that the original soffit lines can be maintained. New metal pipe
pickets at the 'Iower screened porch area will be located on the
interior, where they will be virtually invisible behind the screen.
3. We propose to remove the tall, leaning chimney on the back
side of the house. We will retain the interior fireplace and
surround.
(
4. We propose to replace the existing metal roof on the back
side, early addition portion of the house with Elk fiberglass
shingles in Sable(dark grey).
5. We propose to alter the existing front door by shortening it
approximately 6" to accommodfite the new interior floor level.
6. We propose to remove the metal awning at the back side
picture window, and to remove the door next to this window. The
door will be in-filled with brick, and painted to match adjacent.
Both of these elements appear to have been added when the
hO\,Jse was converted to multi-family use.
7. We propose to remove the more recent vinyl-sided addition at
the back side of the house. This addition has been in disrepair for
some time, and the damage to it is considerable. The addition is
not in keeping with the original style or quality of the house.
8. We propose to enclose the existing crawl-space porch at the
back of the house, and make this area interior space. A low
window which mimics the placement and trim detailing of a
window at the side elevation will be installed.
End of Description
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Staff Reports
October 9, 2008
Item IV. New Business
B. Request from Doug and Brook Devine represented by Jennifer
Lewis, for a Certificate of Appropriateness approving
installation of new side door entry; removal of two-story
screen rear porch and rebuild porch in slightly larger size;
removal of rear brick chimney; replacement of metal roof on
'back side with shingles; removal of metal awning over rear
window, and brick up of rear door; removal of modern vinyl-'
clad addition, and enclosure of crawl space porch at 424
Walnut Avenue S.W.
Findings: .
The H-2 Architectural Design Guidelines for Porches recommend: .
· Enclosing a porch may be appropriate whenthe porch occurs on the
rear or least conspicuous side, the enclosure is designed in a manner
that does not obscure, damage, or destroy any existing
character - defining features of the building, and the enclosure is
designed to retain the open quality of the original porch by using
large sheets of glass and by recessing the enclosure wall behind
existing columns, balustrades, and scrollwork.
· Do not enclose a porch on the front or prominent side of a building.
The H-2 Architectural Design Guidelines for Windows and Doors
recommend:
· Replace missing doors and windows with new ones that duplicate the
originals in: size and shape, profile and dimensions, sash, pane, or
panel configuration, and materials and color.
· Choose an inconspicuous location, such as the rear or least visible
side of a building, when a change of building use requires the
conversion of a window to a door or the addition of a new window or
door.
· Avoid eliminating windows or doors from any prominent side of a
building. Do not enlarg'e, decrease, or fill in windows or'doors on any
prominent side of a building.
· A variety of door styles can be found in the H-2 Distri'ct. When
selecting a replacement door, choose a traditional design that is
compatible with the style of your building.
· Do not decrease the size of openings or use reflective glass to achieve
energy efficiency. '
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The H-2 Architectural Design Guidelines for Roofs recommend:
· Retain historic roofing materials, such as slate, clay tile, wood
shingles, or metal, that are still in good overall condition. If a limited
area of historic roofing materials is damaged or deteriorated, repair
with compatible materials is recommended rather than the removal
and replacement of the entire roof surface. If owners choose to
remove and replace their historic roofing material they must first
present sufficient evidence and information to the ARB regarding the
condition of the roof and feasibility of repair.
· Do not remove a roofing feature, such as a chimney or dormer,
without replacing it; likewise, do not replace it with a new feature that
is incompatible with the character of the building.
· When it is not feasible to replace standing seam and pressed - metal
roofs with the same materials, first explore the use of prefabricated
metal roof systems.
The H-2 Architectural Design Guidelines for Walks, Ramps and Stairs
recommend:
. Use wood or metal railings on porch stairs. Handrails should repeat
the form, size, and detailing of the porch railing, attach directly to the
porch column and bottom stair tread, and be painted the color of trim
on the adjacent building.
. Design secondary stairs to be as incon'spicuous as possible and locate
them at the rear or least visible side of a building.
Design Application Review Committee comments:
. Need details and sections drawings with measurements
(Received)
. Door Details (Received)
. Suggests that the rear porch just be extended rather than
removed and rebuilt
Staff Comments:
Staff supports the following elements of the application as they meet the
H-2 Guidelines:
. Removal of recent vinyl-clad addition at the rear of house.
. Removal of the metal awning and infill of door as it is not on
prominent'side of the building and meets the H-2 Guidelines for
Doors.
. Installation of door into current window opening and construction of '
stairs and handrails system on west elevation of building at it meets
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the H-2 Guidelines for Doors and Windows, and Walks, Ramps, and
Stairs.
· Enclosure of the crawl space porch at rear of house and installation of
6-over-l window it meets the H-2 Guidelines for Doors and Windows.
· While staff is not opposed to the proposed addition of square footage
and the enclosure of the rear double story porch, staff feels that the
porch would be better suited being added to, rather than removed and
reconstructed. The use of 6-over-l Weathershield windows to match
the existing windows in the building, Hardiplank on the upper floor
and black fiberglass screen on the lower floor maintains the basic
elements of the screen-in original porch.
Staff does not support the following elements of the application:
· The removal of the tall chimney at the rear, as the H-2 Guidelines for
Roofs recommends against removing roof top features such as
chimneys.
· Removal of the standing seam metal roof on the rear addition, as the
H-2 Guidelines for Roofs recommends retaining historic roofing
materials.
· Shortening of the front door to 6', as the H-2 Guidelines for Doors and
Windows recommend against decreasing the size of door openings on
prominent sides of buildings, as it affects building proportions.
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RECEIVED
OCT - 7 2008
CITY OF ROANOKE
('LANNING BUILDING AND ,DEVELOPMP'
Candace R Martin, Secretary
City of Roanoke Architectural Review Board
215 Church Ave, SW Room 166
Roanoke, Virginia 24011
October 6, 2008
Re: 424 Walnut Ave SW
Request of Doug and Brook Devine
Review Board meeting: October 9,2008
Madam Secretary,
My wife and I are adjoining property owners to that property above
referenced and.under consideration. We have no objections to the
enumerated projects. To the contrary, we look forward to the planned
rehabilatation of this lovely home and their addition to the neighborhood.
Page 1
ATTACHMENT B
Planning, Building, &
Development
215 Church Ave" SW, Room 166
Roanoke, VA 24011
Erica Taylor, Architectural Review Board Agent
erica,taylor@roanokeva,gov ,
Phone: (540) 853-1522 Fax: 853-1230
Historic Overlay District Inspection Results
I i
Permit # B081085 !
______ ______ ______ - __ __ ____ - - - - ___I
CA#
1 i
08-076 i
__.__ ___________ _ __ __________.____ J
Property Address 1_..__..__".,.,___" _____.__" _.__~.~~I_~~:_.~~~_~~.~_~_~.~_~I~~~_~~~:~~=~~._ _..
j ns pection Date 1__________ _J_U~ 28,~~O~c___________11
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. __. _._____ _ __ _..___ _._ ______.______ _ _ J
Inspection Type Final Historic Compliance and COA Final
Inspection Action
o Approved
. @ Not in Compliance
Comments
The following items did not have COA approval:
1) Installation of door on southwest corner
2) Installation of brick patio, stairs and handrail at southwest corner
3) Infill of rear picture window using.Hardiplank and three small windows
4) Addition of second window to upper level crawl space
Items 1,3,4 may be administratively approved by staff, Item 3, is inappropriate due to the infill material and will need to be altered or
submitted to the ARB for amendment,
I
I
--- ------ ---------- ---------------------- ------------- --------------------. ----- -------- --______ .__ _ ____ ___ __ __J
Please contact Erica Taylor with any questions regarding the above comments or to schedule a
second inspection once all required items have been addressed.
ATTACHMENT C
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
[-mail: planning@roanokeva.gov
Arrbl'.~I.r.J Revi", Board
Bu.rd of Zunlllll App..l,
Planning CommllSion
September 8, 2009
Mr. and Mrs. Doug Devine
424 Walnut Avenue, S.W.
Roanoke, VA 24016
Dear Mr. and Mrs. Devine:
Subject:
Application for Certificate of Appropriateness
Cer:tificate No. 09-0738, 424 Walnut Avenue, 8.W.
Your application for a Certificate of Appropriateness has been approved as
set out on the attached Certificate. Please bring your Certificate and drawings
with you to Room 170, Noel C. Taylor Municipal Building when applying for
~II applicable permits.
If you have any questions relative to this matter, please do not hesitate to
contact Erica Taylor at853-1522.
s~'nce~ Iy,
/J/7 _ -T- --.. 1
. aau /I'~.
Candace R. Martin, Secretary
City Architectural Review Board
1m
attachment
cc: Old Southwest, Inc.
/
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1736 Fax: (540) 853.1230
E-mall: planning@roanokeva.gov
Aroblt..lural R.yl..... Boord
Board of Zoning Appeals
PI.nninK CommlsslOQ
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CERTIFICATE OF APPROPRIATENESS
NO. 09-0738
DATE: September 4, 2009
On September 4, 2009, this Certificate of Appropriateness was granted to Doug
and Brooke Devine approving two small window additions, addition of stairs and
wrought iron railing to existing brick- top foundation, and installation of door on rear
of property at 424 Walnut Avenue, S.W., as per application dated September 2,
2009.
This Certificate is valid for one year from date of approval.
anofau ~
Candace R. Martin, Secretary
City Architectural Review Board
)
H-2, Historic Neighborhood Overlay District ~
Application for Certificate of Appropriateness' ~ - ~
Date of Application I 't- J- 0<<1 ROANOKE
Site Address j Lf J 4 'NGJ "J. ~ ~ .
Property Owner:
Name: I \)ov~ lkVlf-~
Address: I ~;'L( VJCA.\~ ~~ .
City: r 'Rou..I\o~(
Slate: I VA
Zip Code: I ,140' b
Phone Number: I Sift) qql{ ;':33
Owne~s Representative (if applicable.);
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Zip Code: I
Phone Number: I E-Mail:
Application Prepared By: r 'l:>OJ~ ~\ll~
Current Use: ~ Single-Family r Two-Family (Duplex) r Multifamily r Townhouse r Commercial
If Commercial. Describe Use: r
Proiect Type: r Roof l'( Porch ~ Windows and Doors r' New Construction r Signs r Walls and Fences
. r Parking and Paving r Demolition r Other: I
.PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION.
Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be deferred to the following meeting, I agree to comply with the
condifions of this ~r1ificate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARB, I understand that no changes are rmilted without prior approval by the City,
Signature of Property Owner: Dale: I cf - cl- oct
CertifICate Number: I CO A () 00 1 q I Approval By: r ARB 'F{ Agent
-(I Other approvals needed:
Tax Parcel Number. II o2v 103 r ZoninqPermit
Base Zoning District: '. ~M -\ f ~- 2 'I' Building Permit r Other
Agent, Aro_Re....Iloa..: ~f J~
Member, Architectural Review Board: I \J.a ~shR. V\O\. ~
r BZA/Planning Commission
Date: 11/3/07
Date: '{ oq
Form updated 01108 Page 2 of 3
H-2, Historic Neighborhood Overlay District
Detailed Project Description
Site Address: I '-I; t1 /t)4.ft,,,.t
Property Owner: I -;J 1'\
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Name:
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Phone Number: S '10 qq~
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Name:
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State: I
Zip Code: I
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Phone Number: I E-Mail:
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If Commercial. Describe Use: I
Project Type: I Roof I Porch 'K' Windows and Doors r New Construction I Signs r Walls and Fences
I Parking and Paving I Demolition I Other: I
*PlEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION.
Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be deferred to the following meeting, I agree to comply with the
conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARB, I understan anges are permitt without prior approval by the City,
S~nature of Property awner: ~~ Date: I q -.2-01
Section Below to be Completed by Staff
Approval By: ltARB I Agent
Other approvals needed:
I Zoning Permit I BZA/Planning Commission
'"fK Building Permit I Other
Certificate Number: I
Tax Parcel Number: II o?:XJ 10'3
Base Zoning District: I fZK. -\ Il-\ - .2.
Agent. ArchUectural Review Boanl: :
Member, Architectural Review Board: ·
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Date: 11/3(01
Date: I
Form updated 01/08 Page 2 of 3
H-2, Historic Neighborhood Overlay District
Detailed Project Description
Site Address: I
Property Owner: I
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414 Walnut Avenue SW
Roanoke, VA 24016
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October 1, 2009
Roanoke Architectural Board
Attn: Erica Taylor
Re: Case: CAo8-o76
Property 424 Walnut Ave. SW. for DOl,lg Devine
Dear Erica,
I appreciate our conversation on 10-1-09 concerning the above case. Unfortunately, I
will be out of town on 10-08~0.9. I wanted follow--up in wrltingwith this e-mail.
Joan and I want to encourage the Architectural Review Board to consider and
approve their request. Wernet Brooke and DOl!gDevine in February 2009. They
have been a delight to work with and everything they have done is above first- class.
These are the families we would::tike to attract to Old Southwest. I am sorry that it
had to come to this. We haven() pr6bl~mas it m~~ches the actditi()n you already
approved. We have walked through t~ehouse .andhave personally seen what they
are requesting,and we have no problem with it.
My overall comment is the amount of money they have invested in Old Southwest
that the Board can work with them and approve this. I might add that this is on the
back of the house. If there is anything I can do in the future please let me know.
Sincerely,
1'~_t"'~1
Joseph H. Surkamer, Jr.
.(- ~J
.~
C~....-.
-
Staff Re ports
October 8, 2009
Item IV. New Business
D. Request from Doug Devine to amend CA 08-076 to replace
rear picture window with three small fixed windows and
Hardiplank siding to match rear porch at 424 Walnut Avenue,
S.W. '
Background:
Applkant originally presented this' request as part of an extensive longer
application at the October 9, 2008, ARB meeting. When staff reviewed
the completed project to close out the building permit, a significant
change in design was discovered. Several small variations were also
discovered but as they were in the rear of the structure and met the H-2 r
guidelines, issues were handled administratively.
Applicant is requesting that the CA08-076 be amended to remove and
replace rear picture window with three windows, and Hardiplank siding to
match rear porch materials.
Findings:
The H-2 Architectural Design Guidelines for Siding recommend:
· Replace missing siding using established preservation techniques,
such as patching or piecing in. Materials should conform exactly to
the original in size and shape, color and texture, and joint and
weatherface exposure.
Design Application Review Committee comments:
· Three windows are okay, but the use of the Hardiplank siding
on a brick sided house is inappropriate. Infill around
windows needs to be brick to match house.
Staff Comments:
While staff supports the installation of the three fixed windows in the
location of the non-historic picture window, staff cannot support the
Hardiplank infill below the windows and trim above the windows. The
opening should be bricked in with sill and lintel treatment similar to the
other fixed windows above.
ATTACHMENT E
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
F~'"
(~l
Architectural Review Board
. Board of Zoning Appeals
Planning Commission
October 9, 2009
Mr. and Mrs. Doug Devine
424 Walnut Avenue, S.W..
Roanpke, VA 24016
Dear Mr. and Mrs. Devine:
Subject:
Application for a Certificate of Appropriateness
No. 09-058 424 Walnut Avenue, S.W.
On October 8, 2009, the Architectural Review Board of the City of
Roanoke, Virginia, considered your request for amendment to CA 08-076 to
replace rear picture window with Hardiplank siding to match rear porch at
424 Walnut Avenue, 'S.W. and a Certificate of Appropriateness was
denied. The Board found that the application was not consistent with the
following H-2 Architectural Design Guidelines for Siding:
· Replace missing siding using established preservation techniques,
such as patching or piecing in. Materials should conform exactly to
the original in size and shape, color and texture, and joint and
weatherface exposure.
If you are aggrieved by this decision of the Architectural Review Board,
you have the right to appeal the Board's decision to City Council within
- 30 days of the date of the decision. Information on the appeals process
is enclosed. Please contact Erica Taylor at 853-1522 if you have additional
questions.
L{J
ndace R. Martin, Secretary
City Architectural Review Board
1m'
enclosure
cc: Old Southwest, Inc.
ATTACHMENT F
~
" ,
..
J
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(iBroanokeva.gov
November 5, 2009
JONATHAN E. CRAFT
Deputy City Clerk
CI~Cm.JA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
I am enclosing copy ora petition for Appeal filed by Patrick}. Kenney, Attorney,
representing Douglas and Brooke Devine, in connection with a decision of the
Architectural Review Board at its meeting of October 8, 2009, denyihga
Certificate of Appropriateness to replace a rear picture window with Hardiplank
siding to match rear porch at 424 Walnut Avenue, S. W., which is not consistent
with the H-2 Guideline's. The petition was filed in the City Clerk's Office on
Thursday, November 5, 2009.
Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of
Roanoke (1979), as amended, provides that any property owner aggrieved by any
decisioQ of the Architectural Review Board may present to the City Council a
petition appealing such decision, provided such petition is filed within 30 days
after the decision is rendered by the Board~ The Council shall schedule a public
meeting and render a decision on the matter within 60 calendar days of receipt
ofthe petition, unless the property owner and the Agent to Architectural Review
Board agree to an extension. Council may affirm, reverse or modify the decision
of the Architectural Review Board, in whole or in part, or it may refer the matter
back to the Board.
With the concurrence of Council, I will include the Petition for Appeal on the
Monday, December 21, 2009, 7:00 p.m., City Council agenda, or as soon
thereafter as the matter may be heard.
Sincerely,
A~~rn,~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
K:\ARB Appeal\424 Walnut Ave Devine 11 04 09,doc
,.
Mayor and Members of Council
November 5, 2009
Page 2
pc: PatrickJ. Kenney, Attorney, P. O. Box 599, Roanoke, Virginia 24004
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Thomas Carr, Director, Planning, Building and Development
Barbara Botkin, Chair, Architectural ReView Board, 616 Marshall
Avenue, S. W., Roanoke, Virginia 24016
EricaJ. Taylor, Agent, Architectural Review Board
Candace R. Martin, Secretary, Architectural Review Board,
K:\ARB Appeal\424 Walnut Ave Devine 1104 09.doc
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF }
)
DOUGLAS DEVINE & BROOKE DEVINE )
)
v. )
)
CITY OF ROANOKE, ARCHITECTURAL REVIEW BOARD )
)
}
PETITION FOR APPEAL
APPUCATlON FOR CERTIFICATE
, OF APPROPRIATENESS
NO. 09-058
This is a Petition for Appeal from a decision of the Roanoke City Architectu.ral Review Board
under Section 36.2-530(c}(5) of the ,Zoning Ordinance of the Code of the City of Roanoke (1979), as
amended, which was rendered on October 8, 2009. The petitioners allege the following in support of
their application and petition for appeal:
1. That Douglas Devine and Brooke Devine are the owners of the 'property which is the subject of
this appeal.
2. That the. subject property is located at 424 Walnut Avenue, S.W., in the City of Roanoke's H-2
Historic Neighborhood Overlay District.
3. That a certificate of appropriateness was re,quested under Section 36,2-331 of the Zoning
Ordinance of the Code of the City of Roanoke (1979), as amended, which was denied by the
Board on October 8,2009. (Denial Letter attached Exhibit A)
4. That on October 8, 2009, an amendment to a previously granted Certificate of Appropriateness,
No. 08-076, was sought to replace a rear picture window with three windows and Hardiplank
siding consistent with the approved windows and Hardiplank siding located on the rear addition
and porch at 424 Walnut Avenue, S.W. (Photo's attached as Exhibit B)
5. That the Architectural Review Board's relevant authority as specifically design()ted by Virginia
Code ~ 15.2-2306 Is limited to reviewing and certifying that a building or structure is
"archltecturally compatible with the historic landmarks, buildings, or structures" in the district
subject to the board's control. Petitioners submit that the replacement is architecturally
compatible.
-":.... _ -. i ~
. ..'
.~. .'
6. That the proposed rear picture window replacement, which is the subject of the Petitioner's
denied application for amendment of the Certificate of Appropriateness, utilizes obviously
consistent windows and the exact same Hardiplank siding materials that were previously
'approved by the Architectural Review Board in their Certificate of Appropriateness for the rear
addition and rear porch as being "architecturally compatible" with the buildings and structures
in the district.
.' .
7. 'That the Architectural Review Board's denial of certification for the rear picture window
replacement was arbitrary and capricious in that it rejected a minimal application of the same
materials it previously approved on a much larger scale when it approved the rear addition and
rear porch modification, less than six feet from the proposed replacement.
8. That the Architectural Review Board's selected citation to the H-2 Guidelines for Siding in
support of its denial of certification (Exhibit A) borders on nonsensical,in t~at the subsection
pertains only to "replacement of missing siding using established preservation techniques,"
while the Petitioners' application sought replace~ent of a picture window Where no siding
previously existed.
9. That the Architectural Review Board's actions in denying the petitioner's application are
contrary to the H-2Guidelines for Rear Facades in which the Architectural Review Board
specifically "recognizes that the rears of houses typically were more utilitarian in design and
changed more frequently. Therefore, a wider range, of appropriate materials and designs are
allowed to the rear of properties and areas not readily visible from the street. Owners that
propose additions that do not Impact the building's original or c,urrent skin, e:g. decks and
patios, also have greater design flexibility." See H-2 Guidelines at 17.
10. .That the Architectural Review Board's actions in denying the petitioner's application are
inconsistent with their position in the H-2 Guidelines that window types "that are not commonly
found on residences in the historic district, and which are not in the period of significance for
the district or the building" shou,ld not be used. The large picture window that Petitioners
sought to replace, and which the Architectural Review Board seeks to preserve, is the product of
a modern modification to the property and is of a type not commonly found on residences in
the historic district and which is not in the period of significance for this property. See H-2
Guidelines at 49.
11. That the Architectural Review Board's stated reason for denial (Exhibit A) is a pretext for
enforcing procedure over substance and punishing the Petitioners' admitted error in not seeking
prior approval for the window replacement before allowing the contractor to proceed with the
change in Petitioner's plans. Further, the changes made to the rear of the home, are consistent
and sufficiently compatible with the architecture of the rear of the home.
. .
WHEREFORE, for all of the above reasons, your petitioners request that the action of the Architectural
Review Board be reversed or modified and that a Certificate of Appropriateness be granted.
-----.---------------...-----.....----------------------..........-------......----------------------------...-------------
TO BE COMPLETED BY CLERK
RECEIVED BY:
DATE:
,A/!/~9.
.)
.. .
'- CITY OF ROANOKE ....A.
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue. S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853.1730 Fax: (540) 853.1130
E--mail: planning@roanoke"a.gov
,\Rikllec:lVral Review Board
Bnant of ZollllllAJlpeall
P1annlaa COlllmllllloD
October 9, 2009
Mr. and Mrs. Doug Devine
424 Walnut Avenue, S.W.
Roanoke,VA 24016
Dear Mr. and Mrs. Devine:
Su bject:
Application for a Certificate of Appropriateness
No.09-058 .424 Walnut Avenue, S.W.
On October 8, 2009, the Architectural Review Board of the City of
Roanoke, Virginia, considered your request for amendment to CA OS..Q76 to
replace rear picture window with Hardipfank siding to match rear porch at
424 Walnut Avenue, S.W. and a Certificate of Appropriateness was
denied. The Board found that the application was not consistent with the
following H-2 Architectural Design GUidelines for Siding:
· Replace mlssing siding using established preservation techniques,
such as patching or pieclng in. Materials should conform exactly to
the original in size and shape, color and texture, and Joint and
weatherface exposure.
If you are aggrieved by this decision of the Architectural Review Board,
you have the rJght to appeal the Board's decision to City Council within
30 days of the date of the decision. Information on the appeals process
is enclosed. Please contact Erica Taylor at 853~ 1522 If you have additional
questions.
.L(J
ndace R. Martin, Secretary
, City Architectural Review Board
1m
enclosure
cc: Old Southwest, Inc.
ATTACHMENT G
-.,. .
',...
CITY OF ROANOKE ARCHITECTURAL REVIEVV, BOARD
October 8, 2009
MINUTES
The regular meeting of the Board was held on Thursday, October 8,2009.
6. Request from DOUQ Devine to amend CA - 08-076 to replace rear picture
window with Hardiplank sidinq to match rear porch at 424 Walnut Avenue.
S.W.
Ms. Botkin asked for staff comments.
Ms. Taylor said staff supported the installation of the three-fixed windows in the
location of the non-historic picture windows. She said staff did not support the
Hardiplank infill below the window and trim above the window. She said the
opening should be bricked in.
Ms. Botkin asked for Board comments.
Mr. Bestpitch said an addition was not supposed to match the house. He asked
Mr. Devine to give the Board an explanation as to his rationale as to what
happened on the rear of the house and whether it should be considered
historically appropriate to the house.
Mr. Doug Devine said he understood what Mr. Bestpitch was saying and that it
made sense but he didn't understand it that way.
Mr. Bestpitch said Mr. Devine understood the ARB process because he had
been through it multiple times. He said the design was never part of any of the
designs presented to st~ff or the Board.
Mr. Devine said that was correct.
Mr. Bestpitch said he was little lost as to how they ended up in the situation.
Mr. Devine said the honest truth was during the nine-month renovation he had to
get his family in the house. He said had he waited to get on the schedule, he .
would not have gotten his project completed in time. He said he would not have
been able to get a certificate of occupancy with the existing window. He said he
appreciated what the Board did but he was tapped out. He said if he had to
change it back to brick it was not going to happen.
Mr. Bestpitch said it was not the fault of the Board that he was tapped out.
1
Mr. Devine said the Board had to vote how they had to vote.
Mr. Bestpitch said Mr. Devine had brick masons at his home bricking it in and did
not seem like it would have been that much additional expense involved to avoid
being tapped out.
Mr. Devine said Mr. Bestpitch was right. He said there was no explanation.
Mrs. Blanton asked Mr. Devine if he was originally planning on replacing the
picture window. .
Mr. Devine said he was going to replace it with what was there.
Mrs. Blanton asked where the bricks in the picture came from.
Mr. Devine said they were salvaged from the chimney that came down.
Mrs. Blanton asked if he was thinking that the Hardiplank matched the addition.
Mr. Devine said yes. He said the inside was inset and was not the depth needed
to get the full brick in there.
Mr. Cundiff asked Mr. Devine if he could explain that statement.
Mr. Devine said the builder said because of the lack of space that it would not be
flushed and would bump out. He said the decision was made to tie it into the
addition.
Ms. Botkin asked Mr. Devine what the backside was framed with.
Mr. Devine said it was a stud wall underneath. He said the picture window was
hanging off into nothing and they put the new lentil in to support it.
Ms. Botkin said she was torn. She said they covered the fact that Mr. Devine
was educated on the application process.
Mr. Devine said the window had to be changed out because it had a hole in it.
Mrs. Blanton said it sounded like once they got into changing the window there
were some structural issues with how the window was installed.
Mr. Devine said absolutely.
Mrs. Blanton said if Mr. Devine was ever in the position again to come in and talk
with staff and get advice on what would be approved.
/. .
,
Mr. Cundiff said Mr. Devine was riot giving the Board a whole lot to work with
because he knew the process. He said it did not look good. He said the Board
had a responsibility with the process. He said he could not support the
application.
Ms. Beckett asked Mr. Devine if the picture window was original to the house.
Mr. Devine said the whole segment of the house was added later.
Mr. Bestpitch said his comments about understanding the process was not about
punishing someone for not following the rules. He said it was about if the project
would have been approved if it had brought to the Board under the rules. He
said there was no way the design would be considered appropriate to the house
on which it had been installed. He said every time they approve something they
set precedence.
Mr. Devine said he firmly disagreed with that. He said there were architectural
shingles approved by the Board and someone asked for a metal roof and the
Board asked them to get more quotes.
Ms. Botkin said the guidelines have specific wording for the neighborhoods. She
said it was not an opinion.
The application was denied by a roll call vote of 0-7, as follows:
Mr. Fulton-no
Ms. Dykstra-no
Mr. Bestpitch-no
Mr. Cundiff-no
Mrs. Blanton-no
Ms. Beckett-no
Ms. Botkin-no
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
November 5, 2009
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Vkginia
Dear Mayor Bowers and Members of Council:
I am enclosing copy of a Petition for Appeal filed by PatrickJ. Kenney, Attorney,
representing Douglas and Brooke Devine, in connection with a decision of the
Architectural Review Board at its meeting of October 8, 2009, denying a
Certificate of Appropriateness to replace a rear picture window with Hardiplank
siding to match rear porch at 424 Walnut Avenue, S. W., which is not consistent
with the H-2 Guidelines. The petition was filed in the City Clerk's Office on
Thursday, November 5, 2009.
Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of
Roanoke (1979), as amended, provides that any property owner aggrieved by any
decision of the Architectural Review Board may present to the City Council a
petition appealing such decision, provided such petition is filed within 30 days
after the decision is rendered by the Board. The Council shall schedule a public
meeting and render a decision on the matter within 60 calendar days of receipt
of the petition, unless the property owner and the Agent to Architectural Review
Board agree to an extension. Council may affirm, reverse or modify the decision
of the Architectural Review Board, in whole or in part, or it may refer the matter
back to the Board.
With the concurrence of Council, I will include the Petition for Appeal on the
Monday, December 21, 2009, 7:00 p.m., City Council agenda, or as soon
thereafter as the matter may be heard.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosu re
K:\ARB Appeal\424 Walnut Ave Devine 11 04 09.doc
Mayor and Members of Council
November 5, 2009
Page 2
pc: PatrickJ. Kenney, Attorney, P. O. Box 599, Roanoke, Virginia 24004
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Thomas Carr, Director, Planning, Building and Development
Barbara Botkin, Chair, Architectural Review Board, 616 Marshall
Avenue, S. W., Roanoke, Virginia 24016
Ericaj. Taylor, Agent, Architectural Review Board
Candace R. Martin, Secretary, Architectural Review Board
K:\ARB Appeal\424 Walnut Ave Devine 11 04 09.doc
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
DOUGLAS DEVINE & BROOKE DEVINE
PETITION FOR APPEAL
CITY OF ROANOKE, ARCHITECTURAL REVIEW BOARD
APPLICATION FOR CERTIFICATE
OF APPROPRIATENESS
NO. 09-058
v.
This is a Petition for Appeal from a decision of the Roanoke City Architectural Review Board
under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as
amended, which was rendered on October 8, 2009. The petitioners allege the following in support of
their application and petition for appeal:
1. That Douglas Devine and Brooke Devine are the owners of the property which is the subject of
this appeal.
2,. That the subject property is located at 424 Walnut Avenue, S.W., in the City of Roanoke's H-2
Historic Neighborhood Overlay District.
3. That a certificate of appropriateness was requested under Section 36,2-331 of the Zoning
Ordinance of the Code of the City of Roanoke (1979), as amended, which was denied by the
Board on October 8, 2009. (Denial Letter attached Exhibit A)
4. That on October 8, 2009, an amendment to a previously granted Certificate of Appropriateness,
No. 08-076, was sought to replace a rear picture window with three windows and Hardiplank
siding consistent with the approved windows and Hardiplank siding located on the rear addition
and porch at 424 Walnut Avenue, S.W, (Photo's attached as Exhibit B)
5. That the Architectural Review Board's relevant authority as specifically designated by Virginia
Code 9 15.2-2306 is limited to reviewing and certifying that a building or structure is
"architecturally compatible with the historic landmarks, buildings, or structures" in the district
subject to the board's control. Petitioners submit that the replacement is architecturally
compatible.
, -". .', . ~
- -. ~ .... I.' I .
6. That the proposed rear picture window replacement, which is the subject of the Petitioner's
denied application for amendment of the Certificate of Appropriateness, utilizes obviously
consistent windows and the exact same Hardiplank siding materials that were previously
approved by the Architectural Review Board in their Certificate of Appropriateness for the rear
addition and rear porch as being "architecturally compatible" with the buildings and structures
in the district.
7. That the Architectural Review Board's denial of certification for the rear picture window
replacement was arbitrary and capricious in that it rejected a minimal application of the same
materials it previously approved on a much larger scale when it approved the rear addition and
rear porch modification, less than six feet from the proposed replacement,
8. That the Architectural Review Board's selected citation to the H-2 Guidelines for Siding in
support of its denial of certification (Exhibit A) borders on nonsensical, in that the subsection
pertains only to "replacement of missing siding using established preservation techniques,"
while the Petitioners' application sought replacement of a picture window where no siding
previously existed:
9, That the Architectural Review Board's actions in denying the petitioner's application are
contrary to the H-2 Guidelines for Rear Facades in which the Architectural Review Board..
specifically "recognizes that the rears of houses typically were more utilitarian in design and
changed more frequently. Therefore, a wider range of appropriate materials and designs are
allowed to the rear of properties and areas not readily visible from the street. Owners that
propose additions that do not impact the building's original or current skin, e.g. decks and
patios, also have greater design flexibility." See H-2 Guidelines at 17.
10. ,That the Architectural Review Board's actions in denying the petitioner's application are
inconsistent with their position in the H-2 Guidelines that window types "that are not commonly
found on residences in the historic district, and which are not in the period of significance for
the district or the building" shou,ld not be used. The large picture window that Petitioners
sought to replace, and which the Architectural Review Board seeks to preserve, is the product of
a modern modification to the property and is of a type not commonly found on residences in
the historic district and which is not in the period of significance for this property. See H-2
Guidelines at 49.
11. That the Architectural Review Board's stated reason for denial (Exhibit A) is a pretext for
enforcing procedure over substance and punishing the Petitioners' admitted error in not seeking
prior approval for the window replacement before allowing the contractor to proceed with the
change in Petitioner's plans. Further, the changes made to the rea'r of the home, are consistent
and sufficiently compatible with the architecture of the rear of the home.
WHEREFORE, for all of the above reasons, your petitioners request that the action of the Architectural
Review Board be reversed or modified and that a Certificate of Appropriateness be granted.
540-982 -7721
Counsel for Douglas and Brooke Devine
TO BE COM PLETED BY CLERK
RECEIVED BY: -
DATE:
,A/I/09
-"
.- CITY OF ROANOKE ..,j
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue. S.W., Room 166
Roanoke,'Virginil1 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E~mail: planning@roanoke\'8.gov
,\...,hileclural R...ie..- Boarti
Bllard of Zonine Appuls
Planning Commission
October 9, 2009
Mr. and Mrs. Doug Devine
424 Walnut Avenue, S.W.
Roanoke,VA 24016
Dear Mr. and Mrs. Devine:
Su bject:
Application for a Certificate of Appropriateness
No. 09-058 424 Walnut Avenue, S.W.
On October 8, 2009, the Architectural Review Board of the City of
Roanoke, Virginia, considered your request for amendment to CA 08-076 to
replace rear picture window with Hardiplank siding to match rear porch at
424 Walnut Avenue, S.W. and a Certificate of Appropriateness was
denied. The Board found that the application was not consistent with the
following H-2 Architectural Design Guidelines for Siding:
· Replace missing siding using established preservation techniques,
such as patching or piecing in. Materials should conform exactly to
the original in size and shape, color and texture, and jOint and
weatherface exposure.
If you are aggrieved by this decision of the Architectural Review Board,
you have the right to appeal the Board's decision to City Council within
30 days of the date of the decision. Information on the appeals process
is enclosed. Please contact Erica Taylor at 853-1522 if you have additional
questions.
L(J (J~
ndace R. Martin, Secretary
City Architectural Review Board
1m
encfosure
cc: Old Southwest, Inc.