Loading...
HomeMy WebLinkAboutCouncil Actions 04-19-10ROANOKE CITY COUNCIL . REGULAR SESSION APRIL 19, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA MASON 38770 - 041910 1. Call to Order - -Roll Call. Council Member Price was late. The Invocation was delivered by The Reverend Don E. Eshelman, Pastor, Patterson Memorial Grace Brethren Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April 22 at 7:00 p.m., and Saturday, April 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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. 1 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring Thursday, April 1, 2010 as Bob Lee and Dan Smith Day. Recognized and presented ceremonial copies of proclamations to Bob Lee and Dan Smith. 14 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Robert Gravely and Chris Craft appeared and spoke before the Council. 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 regular meeting of City Council held on Tuesday, January 19, 2010. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a legal matter requiring the advice of counsel, pursuant to Section 2.2 -3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member David B. Trinkle, the City's representative to the Roanoke Valley Regional Cable Television Committee, transmitting the RVTV Fiscal Year 2010 -2011, budget. Adopted Resolution No. 38770 - 041910. (7 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Fiscal Year 2011 Recommended Budget - 30 minutes The Mayor announced that the Council would conduct a public hearing on Monday, May 3 at 6:00 p.m., in the Council Chamber for the purpose of holding a public hearing on the proposed fiscal year 2010 -2011 Budget and HUD funding. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Criminal Justice Technology Improvement Grant from the Department of Criminal Justice Services (DCJS); and transfer /appropriation of funds. Adopted Resolution No. 38771 - 041910 and Budget Ordinance No. 38772 - 041910. (7 -0) COMMENTS BY CITY MANAGER. NONE. b. DIRECTOR OF FINANCE: M 1. Authorization to execute agreements to indemnify and hold harmless the Virginia Employment Commission and the Division of Motor Vehicles against third party claims regarding City access to their information systems. Adopted Resolution No. 38773 - 041910. (7 -0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various capital projects; 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. 38774 - 041910. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. THE COUNCIL CONDUCTED PUBLIC INTERVIEWS FOR THE APPOINTMENT OF TWO TRUSTEES TO THE ROANOKE CITY SCHOOL BOARD FOR THREE - YEAR TERMS OF OFFICE COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2013. CANDIDATES WERE: THE REVEREND JAMES P. BEATTY, CHRIS H. CRAFT, JOHN W. ELLIOTT, JR., ANNETTE LEWIS, JOELLE D. MILLER, SUZANNE P. MOORE, AND BRENDA I. TATUM. IMMEDIATELY FOLLOWING PUBLIC INTERVIEWS, THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED MEETINGS. CERTIFICATION OF CLOSED MEETING. (6 -0, Council Member Price was not present when the vote was recorded.) Sherman M. Stovall was appointed as the City's representative to the Market Building Foundation, Inc., for a term of three years. ROANOKE CITY COUNCIL REGULAR SESSION APRIL 19, 2010 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April 22 at 7:00 p.m., and Saturday, April 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: A Resolution memorializing the late Florine Luck Thornhill. Adopted Resolution No. 38775 - 041910. (7 -0) Presented ceremonial copy of Resolution to Barbara Johnson. R A Resolution paying tribute to the Patrick Henry High School Boys' Varsity Basketball Team. Adopted Resolution No. 38776- 041910 (7 -0) and presented ceremonial copy of resolution to Coach Esworthy. A Resolution paying tribute to the William Fleming High School Varsity Lady Colonels Basketball Team. Adopted Resolution No. 38777 - 041910 (7 -0) and presented ceremonial copy of resolution to Coach Hubbard. A Proclamation declaring April 28 - May 1, 2010 as Roanoke City Music Days. Presented ceremonial copy of proclamation to Bruce Bryan, Cyrus Pace and Dylan Locke. B. PUBLIC HEARINGS: 1. Request of Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S. W., and replace it with a new Comprehensive Sign Overlay District as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010. Robert B. Manetta, Associate General Counsel, Spokesperson. Adopted Ordinance No. 38778 - 041910. (6 -0, Council Member Trinkle abstained from voting.) 2. Request of Homer Yandle to repeal the conditions pertaining to three parcels on Ridgefield Street, N. E., zoned 1 -1, Light Industrial and adopt certain proffered conditions for the. three parcels. Krista Vannoy, Agent, Spokesperson. Adopted Ordinance No. 38779 - 041910. (7 -0) 3. Proposal of the City of Roanoke to convey City -owned property to Anstey Hodge Advertising Group, Inc., being a lot on Gilmer Avenue, N. E., which is adjacent to property owned by Anstey Hodge Advertising Group, Inc. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 38780 - 041910. (7 -0) 4. Proposal of the City of Roanoke to lease approximately 742 square feet of City -owned property located in the Roanoke City Market Building, to Gone CoCo, LLC, on a month to month basis beginning May 1, 2010, not to exceed one year. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 38781 - 041910. (7 -0) 7 5. Receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three -year terms of office commencing July 1, 2010 and ending June 30, 2013. Candidates are: The Reverend James P. Beatty, Chris H. Craft, John W. Elliott, Jr., Joelle D. Miller, Annette Lewis, Suzanne P. Moore and Brenda I. Tatum. No formal action taken. Council will hold an election to fill the two vacancies on the Roanoke City School Board at its May 3 Council meeting. C. OTHER BUSINESS: 1. A communication from the City Manager recommending execution of Amendment No. 1 to the contract for purchase and sale of real property with W. E. Muse Station, LP. Adopted Ordinance No. 38782 - 041910. (6 -0, Council Member Cutler was not present when vote was recorded.) D. 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. Chris Craft, Ron Jones, Willie Sowell, Caston Jackson, and Mike Darocha appeared and spoke before the Council. ADJOURNMENT—, 9:03 P.M. IVA Office of the Mayor ,e R(9q WHEREAS, Bob Lee and Dan Smith were inducted into the Virginia Communications Hall of Fame on April 1, 2010; WHEREAS, The Hall of Fame was established by Virginia Commonwealth University's School of Mass Communications in 1986 as a way to recognize individuals who have shown exceptional achievement in the fields of print, broadcast, public relations, advertising and interactive media, including cable and the Internet; WHEREAS, Mr. Lee became President and General Manager of WDBJ Television in 1989 and led the station through significant changes in the industry, including advocating to have local stations available on satellite providers; supporting the transition to digital television; and ushering in the era of interactive viewer involvement; WHEREAS, Mr. Lee is a former president of the Virginia Association of Broadcasters; served on the National Association of Broadcasters' TV Board for a number of years; and served as Government Affairs Director for WDBJ parent company Schurz Communications, including testifying before Congress on communications issues, prior to his retirement in 2007; WHEREAS, Mr. Smith came to Roanoke in 1971 to join the staff of The Roanoke Times, later joined the Blue Ridge Business Journal where for 20 years was'THE" voice of the business community; and has since become founding editor of the innovative new Valley Business . FRONT magazine; WHEREAS, in addition to keeping audiences enthralled with his essays on WVTF public radio for the past 15 years, Mr. Smith is the founder of the Roanoke Regional Writers Conference; has lectured about writing at several area colleges; founded the Arts Council of the Blue Ridge W riters Workshop Series; has written and/or edited three books and currently writes a well - followed blog, has won awards such as Virginia Business Journalist of the Year in 2005 and the first Arts Council of the Blue Ridge Perry F. Kendig Award in the Literary category in 2009; and is widely known for his community service and generous support of aspiring journalists; WHEREAS, Mr. Lee and Mr. Smith, only the fifth and sixth Roanoke area professionals in what is now a group of 118 overall, join such august Hall of Fame inductees as Historian Douglas Southall Freeman, longtime ABC White House Correspondent Ann Compton, and best - selling author David Baldacci; the contributions of citizens like Bob Lee and Dan Smith bring honor to the City of Roanoke and help make it the vibrant, dynamic place that all of us love to call home. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of the outstanding achievements by these two distinguished citizens of Roanoke, do hereby proclaim April 1, 2010, throughout this great All- America City, as BOB LEE AND DAN SMITH DAY. Given under our hands and th year two thousand and ten. ATTEST: Stephanie M. Moon City Clerk nineteenth day of April in the David A. Bowers Mayor r �'3 CITY OF ROANOKE OFFICE OF THE MAYOR ' u 215 CHURCH AVENUE, S.W., SUITE 452 r' ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853 -2444 FAX: (540) 853 -1145 DAVID A. BOWERS Mayor April 19, 2010 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw `°'' CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building = f` 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov The Honorable Mayor and Members of City Council Roanoke, Virginia April 19, 2010 Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2- 3711.A.3, Code of Virginia (1950), as amended. 9 Si el , istopher P. Morrill City Manager CPM /lsc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk F ROq u z 44� �RGIN�iP WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members Of City Council Roanoke, Virginia TELEPHONE: 540 -853 -2431 FAX: 540 -853 -1221 EMAIL: cityattyCibroanokeva.gov April 19, 2010 Re: Request for Closed Meeting Dear Mayor Bowers and Council Members: TIMOTHY R. SPENCER STEVEN J.TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCITY ATTORNEYS This is to request that Council convene a closed meeting to consult with legal counsel on a legal matter requiring the advice of counsel, pursuant to Section 2.2- 3711.A.7, Code of Virginia (1950), as amended. Sincerely yours, �Jck&�' P . 4"z—vi, William M. Hackworth City Attorney WMH /lsc c: Christopher Morrill, City Manager Ann Shawver' Director of Finance Stephanie Moon, City Clerk pi� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38770 - 041910. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee 'to approve the annual operating budget for Fiscal Year 2010 -2011 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for Fiscal Year 2010 -2011 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $162,596, plus an additional $3,360; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. The annual budget of $359,408 for Fiscal Year 2010 -2011 for the operation of the regional government and regional educational access station, RVTV, plus an additional amount of $3,360 from the City for the cost of providing closed captioning service for televising City Planning Commission meetings, as set forth in a letter to this Council dated April 19, 2010, is hereby approved. R -RVTV 2010 -2011 budget.doc 1 2. In accordance with the Committee's request to the City to fund a reduced portion of the RVTV budget mentioned above, the total amount of $165,956 (which consists of $162,596 as the City's portion of the requested budget amount, plus the $3,360 for closed captioning) will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2010 -2011 as requested in the letter to this Council dated April 19, 2010. ATTEST: 60,) City Clerk. R -RVTV 2010 -2011 budget.doc 2 �n CITY OF ROANOKE CITY COUNCIL C r 215 Church Avenue, S.W. wa- Noel C. Taylor Municipal Building, Suite 456 a Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Council Members Mayor M. Rupert Cutler April 19 2010 Sherman P. Lea p > Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle The Honorable David A Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: 2010 -2011 RVTV Budget The City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3)..The initial equipment and facility for the television studio were funded through a 1991 capital grant from Cox Communications. The three localities negotiated a new franchise agreement with Cox which started on Nov. 1, 2003 and included another capital grant to help provide for continued updating of RVTV's capital equipment. However, operating costs for RVTV are funded by contributions from the three localities. The station is located at the Jefferson Center and currently employs five full -time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. Programming is cablecast on Cox Communications, Channel 3. RVTV is governed by the Roanoke Valley Regional Cable Television Committee (Cable Committee), which includes representatives from the. City, the County, and the Town of Vinton. On June 8, 1992, City Council approved the Roanoke Valley Regional Cable Television Committee Agreement, which was amended on March 10, 2004. Such Agreement requires that the RVTV Operating Budget be approved by the governing bodies of the City, the County, and the Town. Funding by the three localities is based on the annual proportion of Cox subscribers located in each jurisdiction. For the City of Roanoke in 2009 - 20010, RVTV produced 12 Inside Roanoke .shows, 12 Spotlight on City Schools shows, 24 City Council meetings, 11 City Planning Commission meetings, 1 City budget public hearing, 1 City Council Budget Adoption meeting, 1 City Schools Facility Meeting, and 33 original video productions for the City of Roanoke. Mayor Bowers and Members of City Council Pag e 2 April 19, 2010 The Roanoke Valley Regional Cable Television Committee approved the attached RVTV Operating Budget for Fiscal Year 2010 -2011 (Attachment) at its April 7, 2010 meeting. This budget amounts to $359,408, which is within $3 of the RVTV 2009 -2010 FY Operating Budget. Due to the current economic downturn, the Cable Committee decided not to request the member localities to fund the entire 2010 -2011 RVTV Operating Budget. The Cable Committee used the RVTV 2009 -2010 FY budget amount of $359,411 as a base amount and reduced that amount by 13% (or $46,723) to arrive at an amount of $312,685 as the amount to be requested from the member localities. The remaining amount of $46,723 needed for RVTV's 2010 -2011 Operating Budget will be funded from RVTV's Year -End Rollover Account. Additional Information Cable Television staff is carried on the County's payroll and benefit system. Like other County employees, the staff will receive no salary increase in the coming year. The proposed budget includes funding for closed captioning services for both the City Council and Board of Supervisors Meetings. However, at the City's request RVTV will also broadcast City Planning Commission meetings for the next fiscal year. Since closed captioning services are also required for these additional meetings, the City will pay the additional cost of $3,360 for such extra services: Fiscal Impact For the calendar year 2009, Cox Communications paid to the Commonwealth of Virginia pursuant to the Virginia Communications Sales and Use Tax a total of $2,288,602 for the benefit of the City of Roanoke, County of Roanoke, and Town of Vinton. The Commonwealth of Virginia paid to the three localities their appropriate share of this total amount as a replacement amount for the franchise fees. Mayor Bowers and Members of City Council Page 3 April 19, 2010 Cox calculates the percentage of subscribers (December 31, 2009) in each locality as follows: (2008 number of subscribers in parenthesis.) Locality Subscribers Percentage City 27,665 (27,543) 52% (52% - 2008) County .23,385 (23,406) 44% (44% - 2008) Vinton 2,501 (2,483) 4% (4% -2008) Total 53,551 (539432) 100%(100%) Based on the above figures, each member's contribution to the $312,685 for the localities' part of the total RVTV 2010 -2011 Operating Budget of $359,408 ($46,723 of which amount will be funded from RVTV Rollover Account) would be as follows: Each member's part of 2010 -2011 Budget City $162,596* County $137,581 Vinton $12,508 Total $312,685 *In addition to the City's share of the above $359,408, the City will also pay $3,360 for closed captioning for City Planning Commission meetings. NOTE: Based on the 2010 -2011 Operating Budget of $359,408, without the $46,723 funding from the RVTV Rollover Account, each member's contribution would have been: City - $186,892, County - $158,140, Vinton - $14,376. Mayor Bowers and Members of City Council Page 4 April 19, 2010 On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, and as City Council's representative to that Committee, am pleased to recommend that City Council approve the proposed RVTV budget for Fiscal Year 2010 -2011 in the amount of $359,408, with the City's contribution being $162,596, plus an additional $3,360 for closed captioning— totaling $165,956. racer ly, David B. Trinkle Council Member CATV Council Representative DBT:mm Attachment cc: Christopher P. Morrill, City Manager Ann Shawver, Director of Finance William M. Hackworth, City Attorney Stephanie Moon, City Clerk Sherman Stovall, Director of Management and Budget Elaine Bays, Director of Cable Access, RVTV Robert A. Altice, Chair, Regional Cable Television Committee Gary Tegenkamp, Assistant City Attorney Melinda Mayo, Public Information Officer Roanoke Valley e v RVTV 2009 Edited Video Productions Title Client Length Town of Vinton — 125th Anniversary Town of Vinton 5:00. Educators Tribute — Black History Month City of Roanoke 5:00 Budget Workshop PSA City of Roanoke :30 "COPS Camp" Promotional Video County of Roanoke 3:00 Vinton Student Government Day Town of Vinton 10:00 Citizen Appreciation Day City of Roanoke 10:00 Fallon Park National Excellence Award City Schools 5:00 (3) Teacher of the Year Highlight Videos City Schools 15:00 New Roanoke Co. Business Partners Open County of Roanoke :30 Recycling PSA City of Roanoke :30 2009 Citizen of the Year PSA City of Roanoke .30 Residential Pattern Book City of Roanoke :30 (3) Focus on Community Policing County of Roanoke 7:00 ea. (SWAT Team, Home Security, Project Lifesaver)) (4) Monthly Show PSAs City / County :30 ea. State of the City Address City of Roanoke 25:00 Leaf Collection Changes PSA City of Roanoke :30 Greenway Etiquette Video City / County 3:30 2009 Convocation Video City Schools 10 :00 WFHS Ribbon- Cutting Ceremony City Schools 10:00 Roanoke's Star is Rising City of Roanoke 7:00 Lead -Safe Roanoke II PSA City of Roanoke :30 Update of Vinton Public Works Town of Vinton 22:00 State of the County Address County of Roanoke 28:00 Fill Your Bin & Win PSA City of Roanoke :30 City Hall Without Walls City of Roanoke 16:00 2 (2) Green Ridge Rec. Center PSAs County of Roanoke :30 Investiture Ceremony County of Roanoke 43:00 Roanoke Valley Resource Authority City /County/Town 6:30 Leadership College PSA City of Roanoke :30 (12) Library Happenings City of Roanoke 7:00 ea. Total Minutes Produced 12 336 Minutes The approximate rate for Video Production work in the private sector is $1,500 per finished minute. RVTV produced 336 Minutes of Stand Alone Video Productions in 2009 which totals $504,000 in Production Value. County of Roanoke 30:00 ea. 2009 Television Shows Total Title Client Time 12 Inside Roanoke City of Roanoke 30:00 ea. 12 Roanoke County Today Roanoke County 30:00 ea. 12 Spotlight On City Schools Roanoke City Schools 30:00 ea. 12 Accent Excellence Roanoke County Schools 30:00 ea. 3 Roanoke County County of Roanoke 30:00 ea. Business Partners 3 REConnection County of Roanoke 30:00 ea. Total: 54 Television Shows 1;620 Minutes (27 Hours) Total Video Productions Total Productions City of Roanoke Roanoke County Town of Vinton 103 56 41 3 Percentage 57% 38% 5% 3 2009 Government Meetings Totals 24 11 1 1 1 23 1 1 Total: 63 Government Meetings Meetings Regular City Council Meetings City Planning Commission Meetings City Budget Public Hearing (April 30) City Council Budget Adoption (May 11) City Schools Facility Meeting (Nov. 12) Regular Board of Supervisors Meetings Special BOS Meeting — (May 19) County / City — Joint Meeting WVWA (Nov. 5) RVTV additionally covers many Groundbreakings, News Conferences, and Special Events Regional Fire Training Tower Dedication WFHS Ribbon - Cutting Ceremony Fleet Service Center Dedication Jackson Park Library, Grand Re- Opening Western VA Regional Jail Dedication Green Ridge Recreation Center Dedication Reading Garden Installation, Gainsboro Library North Co. Fire & Rescue Station Dedication M RVTV Proposed 2010 - 2011 Budget 2009 -2010 Budget 1010 Regular 192,967.00 2100 FICA (Employer 7.65 %) 14,762.00 2200 Retirement - VRS 27,074.00 (Actual 29,041) 2202 Deferred Comp Match (650 x 4) 2300 Group Health Insurance 2310 Group Dental Insurance (Actual 1,515) 2400 VRS Life 2500 Long Term Disability Insurance 3013 Professional Services - Other (Closed Captioning) 3013A CC - City Planning Commission 3204 Repairs Vehicles (By Garage) 3209 Repairs (Other Equipment) 3305 Maintenance Service Contracts (Telephone) 5210 Postage 5230 Telephone 5235 Cellular Phones 5305 Motor Vehicle Insurance 5308 General Liability Insurance 5410 Lease/Rent of Equipment 5420. Lease/Rent of Buildings (8 x $3,212.16 4 x $3,308.52) 5501 Travel (Mileage) 5520 Dinner Meetings & Luncheons 5801 Dues & Association Membership (Public Relations Society of America) 2,600.00 28,182.00 1,131.00 2,179.00 360.00 27,500.00 400.00 1,500.00 900.00 Proposed 2010-2011 192,967.00 14,762.00 29,041.00 2,600.00 28,182.00 1,515.00 2,141.00 360.00 27,500.00 * City Only 300.00 1,000.00 750.00 Remaining % Expended Balance (01/31/10) 81,164.73 58.48 6,604.97 55.83 10,153.55 62.50 1,025.00 60.58 10,569.45 62.50 206.85 81.71 628.35 60.26 133.90 62.60 12,279.90 55.35 349.00 1,472.00 567.07 12.75 2.00 36.99 100.00 100.00 74.51 25.49 4,000.00 4,000.00 1,742.13 56.45 480.00 480.00 214.97 55.22 1,300.00 1,300.00 245.00 81.15 2,550.00 2,550.00 113.00 95.57 250.00 0 250.00 0 37,798.00 38,932.00 15,967.80 57.76 200.00 100.00 187.90 6.05 200.00 150.00 80.00 60.00 278.00 278.00 0 100.00 6010 Office Supplies - General 800.00 6013 Small Equipment & Supplies 2,700.00 6014 Video Supplies 7,700.00 6080 Gas, Oil & Grease 1,300.00 6091 Tires 200.00 Total $147,055.19 $359,411.00 Amount funded from RVTV Roll -Over Account (273500) - $41,021.00 Member Localities $318,390.00 600.00 512.24 35.97 2,000.00 1,991.58 26.24 6,600.00 3,337.42 56.66 1,000.00 851.73 34.48 200.00 178.10 10.95 $3599408.00 $147,055.19 59.39% - 46,723.00 ** $312,685.00 *In addition to the City's share of the above budget of $312,685, the City will also pay $3,360 for closed captioning for City Planning Commission meetings. ** Amount of $46,723 (Roll -Over Account) is a 13% reduction of last year's budget. RVTV expended 97.68% of its FY2008 -2009 Operating Budget E RVTV Financial Report Current Account Balances as of February 28, 2010 273200 (Operating Budget) .................................. ............................... $147,055.19 273450 ( Cox Cable Capital Grant) ....................... ............................... $1,251,214.95 (Balance includes accrued interest.) 273500 (RVTV Year -End Rollover Account) ..... ............................... $114,194.72 Account 273500 (RVTV Year -End Rollover) represents the unused funds from the Operating Budget since 1991. RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into this savings account which may be used for future capital purchases or the operating budget. 2009 Virginia Communications Sales and Use Tax Revenue Paid by Cox Communications to the Commonwealth of Virginia for the Benefit of the City of Roanoke, County of Roanoke, and Town of Vinton Starting on January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1 -645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5 %) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox, to the localities. For the calendar year 2009, Cox Communications paid to the Commonwealth of Virginia a total of $2,288,602. The Commonwealth of Virginia paid to the three localities the appropriate share of this total amount as a replacement amount for the franchise fees. City of Roanoke: $1,160,374 Roanoke County: $1,027,125 Town of Vinton: $101,103 Total: $2,288,602 2 2009 Cox Cable Subscribers Cox calculates the percentage of subscribers (December 31, 2009) in each locality as follows: 2008 number of subscribers in parenthesis. Locality Subscribers Percentage City 27,665 (27,543) 52% (52% - 2008) County 23,385 (23,406) 44% (44% - 2008) Vinton 2,501 (2,483) 4% (4% -2008) Total 53,551 (53,432) 100%(100%) Based on the above figures, each member's contribution to the $312,685 for the localities part of the total 2010 -2011 Operating Budget of $359,408 ($46,723 of which amount will be funded from the RVTV Rollover Account) would be as follows: *In addition to the City's share of the above $312,685, the City will also pay $3,360 for closed captioning for City Planning Commission Meetings. NOTE: Based on the 2010 -2011 Operating Budget of $359,408, without the $46,723 funding From the RVTV Roll -Over Account, each member's contribution would have been: City: $186,892, County: $158,140, Vinton: $14,376. 7 2009 — 2010 Budget 2010 — 2011 Budget City $165,563* $162,596* County $140,091 $137,581 Vinton $12,736 $12,508 Total $318,390 $312,685 *In addition to the City's share of the above $312,685, the City will also pay $3,360 for closed captioning for City Planning Commission Meetings. NOTE: Based on the 2010 -2011 Operating Budget of $359,408, without the $46,723 funding From the RVTV Roll -Over Account, each member's contribution would have been: City: $186,892, County: $158,140, Vinton: $14,376. 7 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 54o•853.2333 www.roanokeva.gov April 15, 2010 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: FY 2011 Recommended Budget In advance of the formal presentation on the FY 2011 Recommended Budget on Monday, you will find attached a budget highlight or fact sheet. This fact sheet will be distributed to the media. Department of Management and Budget and Department of Finance staff continue to work on finalizing the last details of the recommended budget. The budget briefing material will be delivered to you tomorrow via courier. As a follow -up to,the most recent budget briefing and work session on April 5`h please note the following: • Law Library As directed by City Council, additional analysis has been done on the initial recommendation to close the Law Library two days a week. The revised recommendation is for the Law Library to be open a full day on Monday and half -days (8:00 a.m - 12 noon) Tuesday- Friday. • Holiday Decorations Funding for half ($15,00.0) of the $30,000 reduction has been restored. As discussed, we will seek donations to cover the balance of the reduction. The placement of flags and holiday decorations will remain at the current level. • Fee Adjustments Within the last week, the members of the Roanoke Valley Library Consortium agreed to revise library fines for overdue materials. These revisions will be added to the list of recommended fee adjustments to maintain consistency among Consortium members. Page 2 • Fee Adiustments (continued) Two additional fee adjustments are also recommended. The first is to assess a fee of $50 per hour for City residents and $100 per hour for non- residents for the private use of community rooms at the Gainsboro and Jackson Park Library branches. The second is a revision to the map production fees assessed by the Engineering Division • Membership Dues - Virginia First Cities Coalition and Virginia Municipal League ! Letters have been sent to the Virginia First Cities Coalition and Virginia Municipal League requesting consideration of a temporary reduction in membership dues based on the current budget environment. • Parking Fines Staff continue to work on benchmarking parking fines. Information will be provided prior to budget study • Department Accreditation It is not anticipated that the recommended budget reductions will have an adverse impact on the accreditation status of Police, Fire -EMS, Sheriff /jail, E- 911, and Parks and Recreation. • Positions Eliminated /Unfunded At this point, a total of 51 positions will be impacted with the recommended budget, with 33 to be eliminated and 18 to be unfunded. The number of positions impacted is lower than previously identified as the result of Schools indicating their plan to pay for the Middle School Resource Officers and Dare Program Deputy Sheriffs. Thank you for your consideration of the items referenced above. I look forward to formally presenting the budget on Monday. Sin erely, Christopher P. Morrill City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance FY 2010-2011 Recommended Budget Summary of Budget Facts .K The FY 2010 -11 Recommended Budget has been developed as the City of Roanoke, like local governments throughout the Commonwealth of Virginia and nation, is faced with significant financial challenges. The budget was developed with the guiding principles of maintaining core services, avoiding reductions that increase future liability, avoiding tax increases, focusing first on administrative and overhead expenses, and maintaining funding for education. Recommended Budget • Recommended budget totals $253,461,000 • Decline in revenue of $3,581,000 from FY 2010 Adopted Budget • State revenue decline of $2,917,000 • Includes incremental revenue of $4,383,000 from 2% increase in the Prepared Food and Beverage tax • Without increase in the Prepared Food and Beverage tax, revenue decline would be $7,964,000 • No increase in real estate tax rate Major Budget Challenges • Significant funding reduction from the Commonwealth of Virginia • Continued volatility in sales tax and other local revenue ■. Inflationary and other non - discretionary cost increases Commitment to Roanoke City Public Schools ■ Local funding to Roanoke City Public Schools totals - $68,230,461 Provides an additional $4,383,000 over FY 2010 Budget via allocation of incremental revenue from increase in the Prepared Food and Beverage tax to mitigate State funding. reduction ■ Provides $7.4 million more than required under local tax revenue sharing formula Budget Balancing Strategies • Expenditure reductions to address structural financial challenges - Expenditure reductions total $9 million - Positions eliminated - 33 - Positions unfunded - 18 • Continuation of Core Services - Police - Fire -EMS - Emergency -911 - Refuse Collection - Public Transportation 2 FY 2010 -201 1 Recommended Budget r NIL. April 19; 2010 ROANOKE Guiding Principles • Maintain core services • Avoid reductions that increase future liability • Avoid tax increases • Focus first on administrative and overhead expenses • Maintain local funding of education -No reduction based on contraction in local tax revenue and revenue sharing practice z 1 FY 2010 -2011 Budget • Recommended budget is balanced • Budget Totals $253,461,000 — Decrease of $3,581,000 or 1.4% — Includes 2% increase in prepared food and beverage tax and adjustment in a few rates and fees. 3 General Fund Revenue Summary In FY 2011, the Prepared Food & Beverage tax rate change from 5 to 7 %. Without the rate increase, Total Revenues would decrease by $7,964,000 or (2.8 %). 4 J 0 K e FY10 FY11 Percent Adopted Recommended (Decrease) (Decrease) Budget Budget Local Revenue $187,697,000 $182,650,000 ($5,047,000) (2.7 %) Food & Beverage Rate $4,383,000 $4,383,000 2.3% Impact State Revenue $69,345,000 $66,428,000 ($2,917,000) (4.2 °l0) Total Revenue $257,042,000 1 $253,461,000 1 ($3,581,000) (1.4 %) In FY 2011, the Prepared Food & Beverage tax rate change from 5 to 7 %. Without the rate increase, Total Revenues would decrease by $7,964,000 or (2.8 %). 4 J 0 K e Projected Revenue Growth (Decline) FY 2011 Recommended Revenue Estimates Compared to FY10 Adopted Estimates Category FY10 Adopted Budget FY11 Recommended Budget Increase/ (Decrease) % Increase/ (Decrease) Real Estate Tax $78,587,000 $79,602,000 $1,015,000 1.3% Personal Property Tax 17,217,000 17,084,000 (133,000) (0.8 %) Cigarette Tax 2,739,000 2,394,000 (345,000) (12.6 %) Sales Tax 21,356,000 17,995,000 (3,361,000) (15.7 %) Prepared Food Tax 11,850,000 15,341,000 3,491,000 29.5% Telecommunications Tax 7,500,000 7,295,000 (205,000) (2.7 %) Interest and Rental Revenue 597,000 173,000 (424,000) (71.0 %) Intergovernmental 69,345,000 66,428,000 (2,917,000) (4.2 %) Charges for Services 10,492,000 10,100,000 (392,000) (3.7 %) Other Revenues 37,359,000 37,008,000 (351,000) (0.9 %) Total $257,042,000 $253,461,000 1 ($3,581,000) (1.4 %) Projected State Revenue Decline FY 2011 Recommended Revenue Estimates Compared to FY10 Adopted Estimates Category FY10 Adopted Budget FY11 Recommended Budget Decrease % Decrease Noncategorical Aid $8,266,600 $7,858,000 ($408,000) (4.9 %) Shared Expenses (Constitutional Offices) 9,341,000 8,565,000 (776,000) (8.3 %) Other Categorical Aid 21,113,000 19,483,000. (1,630,000) (7.7 %) Welfare & Other 30,625,000 30,522,000 (103,000) (0.3 %) Total Intergovernmental $69,345,000 $66,428,000 ($2,917,000) (4.2 %) 3 Recommended Fee Adjustments Fee Current Proposed Jail Prisoner Care Fee $1.00 $3.00 Kiddie Ride Per Day Per Day Parking Ticket Basic Fine $15 $20 Parking Ticket Boot Removal Fee $0 $25 Building Inspections — Elevator Certification $25 $45 Fireworks Permit Semi- Annually Annually Per Show Building Inspections — Cross Connections $50 first $45 Assess $2 Court Cost Fee for Filed Civil Actions time and Annually (For Courthouse Maintenance $35 renewal Building Inspections — Water /Sewer Affidavits $50 $45 Recommended Fee Adjustments Fee Current Proposed Amusement Devices Kiddie Ride $15 $25 Major Ride $25 $35 Spectacular Ride $45 $55 Coaster (exceeding 30 feet) - -- $150 Fireworks Permit $45 $250 Per Show Per Show Fireworks Retail Sales Permit $0 $250 Assess $2 Court Cost Fee for Filed Civil Actions $0 $2 (For Courthouse Maintenance .0 Recommended Fee Adjustments Fee Current Proposed Engineering Map Production Funding Toward $2.5 Million Commitment $1,000,000 26x36 Black and White Copy $3 $6 24x36 Color (New) $0 $60 Library Fines (Regional) $68,365,461 Adult Materials $.10 per day /$5 max $.20 per day /$5 max Adult Paperbacks $.10 per day /$5 max $.20 per day /$5 max Children and Young Adults $.05 per day /$5 max $.20 per day /$5 max J -YA Paperbacks $.05 per day /$5 max $.20 per day /$5 max Videos and DVDs $1 per day /$5 max $1 per day /$5 max Library Community Room Rental $0 $50 per hour — City (Gainsboro and Jackson Park Resident Branch Libraries) $100 per hour— Non - City Resident Additional Funding to Schools Formula Based Funding $60,844,418 Maintain Base Funding $2,003,043 Funding Toward $2.5 Million Commitment $1,000,000 Meals Tax — 2% Increase $4,383,000 Sub -Total $68,230,461 Crossing Guards* . $135,000 Total $68,365,461 $135,000 will be reallocated from the Police Department to Schools for Crossing Guards 10 5 . Budget Savings - $1.7 Million • Achieved savings of $1.7 million due to -Change in pay base due to retirements and turnover -Reduction in health insurance costs Economic Development performance agreements m Other Required Costs - $1.3 Million • Funding of $1.3 million provided to address cost increases - Utilities (Electric and Water /Sewer) • Full -Year Cost of City Share — Health Department Civic Mall Rent • Maintenance of Vehicles - Technology Maintenance • Retirement Contribution Rate - City and Virginia Retirement System ,2 a L. Reductions To Balance Budget - $9 million Program Reductions include: • Street Paving - Based on reduction in State funding • Collect Bulk/Brush On Alternating Weeks - Bulk One Week and Brush Next Week • Frequency of Street Cleaning • Operating Hours Law Library • Full Day On Monday • Half -Day Tuesday - Friday • Close Virginia Room One Day A Week • Close Raleigh Court Branch One Night A Week • Close Main Library Branch On Sunday • Library Collection Materials, Programs, Technology Replacement 13 Reductions to Balance Budget -Washington Park and Fallon Park Pool Operating Hours -Each Facility Open Three.Days A Week • Parks and Recreation Programs • Closure of Crisis Intervention Center -Reduction in State Funding -Providing local match funding at $350,000 above State required level -Citizen Magazine and Municipal Calendar. -Support of Outside Agencies -Civic Center Subsidy 14 7 Reductions to Balance Budget General reductions include: -Equipment replacement and capital maintenance funding • Fleet Replacement -Technology • Capital Building Maintenance -Debt Service -Administrative Overhead. -Training and Development, Supplies, Publications /Subscriptions, and Expendable Equipment - Suspend Employee Leadership Training • Eliminate /Unfund 51 Positions 15 Continued Budget Uncertainty -$1.4 million -To prepare for future budget uncertainty, included $1.4 million for: - Budget Stabilization Reserve - $250,000 -State Reduction Contingency - $902,000 - Provides protection in the event of additional in year reductions ..Budget Contingency - $272,460 16 0 L Reductions To Balance Budget $10 $9 $8 $7 c $6 o $5 $4 $3 $2 $1 $0 FY 2007 FY 2008 FY2009 FY 2010 FY 2011 Eliminated 188 positions since FY 2007 Includes proposed FY 2011 17 Budget Calendar -Budget Public Hearing • May 3, 2010 (Revised Date) 7:00 p.m. Council Chamber -Budget Study May 6 and May 7 (If needed) -Budget Adoption. • May 10, 2010 •2:00 p.m. (Council Chamber) 18 9 C5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38771 -041910. A RESOLUTION authorizing acceptance of the Criminal Justice Information Technology Improvement Grant from the Department of Criminal Justice Services (DCJS), and authorizing execution of any required- documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Criminal Justice Services (DCJS), the Criminal Justice Information Technology Improvement Grant in the amount of $41,218, with a cash match of $10,305, to be used to expand the Roanoke Area Criminal Justice Information Network (RACJIN) to include the information contained in the records management system of the Western Virginia Regional Jail. Such grant is more particularly described in the letter of the City Manager to Council dated April 19, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk l� 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38772 - 041910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, 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 Fees for Professional Services 35- 640 - 3592 -2010 $38,718 Publications & Subscriptions 35- 640 - 3592 -2040 2,500 Revenues Inform Tech Improve FY10 — State 35- 640 - 3592 -3592 30,913 Inform Tech Improve FY10 — Local Match 35- 640 - 3592 -3593 5,359 Inform Tech Improve FY10 — Roanoke County 35- 640 -3592 -3594 2,988 Inform Tech Improve FY10 — City of Salem 35- 640 - 3592 -3595 1,443 Inform Tech Improve FY10 — Town of Vinton 35- 640 - 3592 -3596 515 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Atd,4"�, I-a-). D0-,� Y Cit Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov April 19, 2010 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: Criminal Justice Information Technology Improvement Program Grant Background: The Department of Criminal Justice Services (DCJS) distributes federal funding through the Edward Byrne Memorial Grant Program. Byrne programs may consist of many initiatives including improvements to technology that will enhance the functioning of the criminal justice system. Funds from this source were used to create the Roanoke Area Criminal Justice Information Network (RACJIN). The RACJIN allows officers to more easily track and compare criminal activity that crosses jurisdictional boundaries thus increasing the likelihood of more rapid case clearances and reduced criminal activity. The RACJIN partner police agencies are the City of Roanoke Police department, City of Salem Police department, the County of Roanoke Police department and the Town of Vinton Police department. On September 21, 2009, DCJS awarded the City's Police department $41,218 in Byrne Memorial Grant funding to expand the RACJIN database to include the information contained in the records management system of the Western Virginia Regional Jail. The additional information contained in this database will greatly enhance our available intelligence information on criminal activity and the relationships between criminal actors. The grant program requires a cash match of $10,305. Agreements have been reached with the Chiefs of Police for the County of Roanoke, the City of Salem, and the Town of Vinton for $4,946 of Honorable Mayor and Members of City Council April 19, 2010 Page 2 the required match. The remaining $5,359 of matching funds will be taken from Local Match Funding for Grants (35-300-9700-5415). Recommended Action: Accept the Criminal ,Justice Information Technology Improvement Grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for State grant funds of $30,913, local cash funding of $5,359 and funding from other localities of $4,946. The budget ordinance will transfer funding in the amount of $5,359 from 35- 300 - 9700 -5415 to provide the local match. The budget ordinance will also appropriate total funding of $41,218 in accounts to be established by the Director of Finance in the Grant Fund as follows: Appropriation: Description Amount Fees for Professional Services $ 38,718 Publications and Subscriptions $ 2,500 TOTAL $41,218 Respectfully submitted, aP�- - Christopher P. Morrill City Manager CPM:gws 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 A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM10 -00059 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38773- 041910. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Department of Motor Vehicle's (DMV) and Virginia Employment Commission's (VEC) electronic information systems, and authorizing execution of an agreement with the DMV and VEC, in connection with such use of their electronic information systems. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby waives its sovereign immunity with regard to the City's use of the Department of Motor Vehicle's and Virginia Employment Commission's electronic information systems, as set forth in the Director of Finance's letter to Council dated April 19, 2010. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, agreements relating to the City's use of the Department of Motor Vehicle's and Virginia Employment Commission's electronic information systems. ATTEST: 4�� - rr)o&J City Clerk. KAMeasures\DMV VEC Soverign Immunity for infomration system.doc ANN H. SHAWVER, CPA Director of Finance April 19, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO BOX 1220 Roanoke, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita). Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance Subject: Agreements for Access for Division of Motor Vehicles and Virginia Employment Commission Information Systems Background: The Department of Billings & Collections utilizes both the Division of Motor Vehicles' ( "DMV ") and the Virginia Employment Commission's ( "VEC ") electronic information systems to access data to locate and contact customers in order to collect delinquent accounts such as Personal Property, Real Estate, and Business Licenses Taxes, as well as other taxes and fees. In addition, electronic access to the DMV system is critical in parking ticket enforcement to determine the ownership of vehicles for billing and for participation in the DMV's Vehicle Registration Withholding Program. Billings & Collections has used these databases for twenty plus years and finds these tools essential in the overall collections process. The cost of these services is approximately $600 per year and is budgeted within the Billings and Collections department. Considerations: The DMV and VEC have requested the City execute new agreements indemnifying and holding harmless both the DMV and VEC for any claims brought against them by anyone harmed by the City's use of these information systems. Because such a provision would constitute a waiver of the City's sovereign immunity, only City Council Honorable Mayor and Members of Council April 19, 2010 Page 2 can agree to such a provision. Both the DMV and the VEC have declined to delete this provision from the agreements. Recommended Action: Authorize the City Manager to execute the attached DMV and VEC agreements, which require the City to indemnify and hold the DMV and VEC harmless against third party claims, upon form approved by the City Attorney. Respectf submitted, Ann H. Shawver Director of Finance AHS:dl c: Christopher P. Morrill, City Manager Stephanie M: Moon, City Clerk William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development .James Grigsby, Assistant City Manager for Operations John W. Bingham, Assistant Director of Finance Dana D. Long, Manager, Billings and Collections Inter - Agency Agreement VIRGINIA EMPLOYMENT COMMISSION S DEPARTMENT OF BILLINGS & COLLECTIONS, CITY OF ROANOKE Virginia Employment Commission (VEC) as the record- keeping agency and Department of Billings & Collections, City of Roanoke, hereinafter referred to as the "Data User,' wishing to facilitate the transmittal of information required by the Data User in the performance of Its public duties, do hereby agree as follows: 1. The Data User is hereby granted authority to directly access VEC record files through on-line computer Inquiry. This authorization Is limited to staff involved in collection of fines, penalties and costs owed to the Commonwealth as provided in Section 60.2 -114C of the Code of Virginia. Any data accessed may not be used for any other purpose whatsoever. The Data User and VEC mutually agree that the screens to be provided under the terms of this agreement are as follows: • VEC Benefits Inquiry which provides the data subject's address and basic information pertaining to the payment of benefits to unemployment insurance claimants (DG90) • VEC Wage/Earnings inquiry containing wages for the most recently reported calendar quarters (DG91) II. The Data User will designate and authorize no more than a total of four (4) specified agency employees as deemed necessary to have direct on -line data access. The Data User is responsible for ensuring access is granted only to Individuals having undergone a satisfactory criminal background check no more than 45 days prior to the date of this contract The Data User will ensure access to the data will be limited to the employees specified in this contract and that individual records are accessed solely for the purpose authorized. The Data User is responsible for maintaining a list of employees with their assigned log-on identification numbers. This agreement does not extend access authorization to any outside agent under contract to the Data User for the purpose of collection of monies owed to the Commonwealth or the political subdivision. III. The Data User will designate an External Security Officer (ESO) for the agency. The ESO's role will be to ensure only the specified employees designated by the Data User on the External Security Officer Attestation and VEC Authorization form (IAA001) have access to the data and that all required controls over data are being exercised per the terms and conditions of this agreement. The ESO will be required to attest to these controls periodically. Any assignment changes to the ESO designated for this agreement must be reported to VEC within 7 calendar days. The ESO cannot be an end user of the system. Page 1 IV. The Data User agrees that information obtained from VEC data will be disseminated and maintained in accordance with the provisions of the Government Data Collection Dissemination Practices Act, Code of Virginia, Title 2.2, Chapter 38, Section 2.2 -3800 et seq.; and in compliance with the Virginia Unemployment Compensation Act, Code of Virginia, Title 60.2, Section 60.2 -114 and Section 60.2 -623. The Data User further agrees to maintain the data accessed in a manner that ensures unauthorized persons cannot acquire the information and all individuals with direct or indirect access are advised of the circumstances under which access is permitted and the sanctions Imposed for its misuse. The Data User is subject to the penalty specified in Section 60.2 -114 of the Code, whereby unlawful access or use of the information obtained constitutes a Class 2 misdemeanor. Violations of such access by Data User employees may result in termination of access to VEC record files and reimbursement to VEC for costs associated with special investigations /audits and any legal action that ensues. V. The Data User's access is subject to periodic audit by VEC. The Data User Is responsible for maintaining records to trace access to a bona fide accounts receivable collection action for three years. VI. VEC will maintain a log of data accessed by the Data User in order to meet the provisions of the Government Data Collection & Dissemination Practices Act as regards an individual's right to know who has had access to his /her records. VII. The Data User will be billed directly by the Virginia Information Technology Agency (VITA) for its access costs associated with these transactions. Vill. The Data User shall pay VEC an initial fee of Four Hundred Dollars ($400.00) for the 12 -month period ending January 20, 2011. The initial fee shall be paid in advance upon the execution of this agreement. Thereafter, annual renewal payments shall be due upon the anniversary date of this agreement in an amount to be determined by the VEC as reasonably necessary to cover its administrative costs. The VEC shall notify the Data User at least thirty (30) days in advance of any increase in its fees. Failure to pay any annual renewal payment shall result in the immediate termination of this agreement and the Data User's access to the VEC wage file. Notwithstanding any other provision of this agreement, the VEC reserves the right to increase its administrative fees at any time after thirty (30) days notice in writing to the Data User, to align them with the VEC's costs for maintaining, monitoring, and auditing the on -line access to VEC's wage file records. IX. VEC does not guarantee the completeness or accuracy of the data. Pagc 2 X. VEC reserves the right to deny at any time direct access to the Data User either temporarily or permanently if the on -line workload impacts VEC production or for such other reason as VEC deems necessary. XI. In accordance with IT Security Standard, COV ITRM Standard § 501 -01, Section 9.5 Data Breach Notification, if the Data User knows or reasonably suspects that any citizen personally identifiable information obtained through this Inter- Agency Agreement has been lost, stolen or otherwise subject to unauthorized access, the Data User shall immediately notify the Information Security Officer (ISO) at the Virginia information Technologies Agency and VEC. The notification must include the following information: • Cause(s) of the breach incident • Date(s) of the breach incident • Estimated size of the affected population (number of citizen records) • The type of data exposed • Any mitigating factors X11. Should an unauthorized disclosure of an Individual's personally Identifiable Information take place as noted in Section IV or XI, VEC and the Data User shall jointly participate in the investigation of the incident; however, VEC, as the data owner, shall have control over any decisions regarding external reporting. The Data User shall indemnify and hold VEC harmless from all costs Including fines and penalties, related to the investigation, notification to affected individuals, and remediation of the data breach. Notwithstanding any other provision of this Agreement, VEC reserves the right to immediately terminate this Agreement if it determines the data breach was caused by Data User's negligent failure to implement and enforce adequate internal controls. VEC further reserves the right to suspend the Data User's access during the investigation of any data breach. X111. VEC or the Data User may terminate this agreement without cause with thirty days notice in writing to the other party. XIV. VEC has the right to Implement additional controls over the maintenance and safekeeping of the data. The Data User will be responsible for implementing and maintaining any additional controls. XV. This agreement shall be effective upon execution by all parties, including all forms and addenda, and receipt by VEC of the payment specified in Section VIII. Except as stipulated in Sections X and XI, this agreement shall remain in effect until January 20, 2011 and may be renewed by mutual consent. XVI. Expiration of this agreement without renewal will result In the automatic termination of the Data User's access to the data. Page 3 XVII. Any notification the Data User is required to provide VEC under this agreement shall be given to: Email address: InformadonControl _ ec.virginia.aov XVIII. This document represents the entire agreement between the parties. Any modification of these terms must be in writing and signed by all parties. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Virginia. Name: Dolores A. Esser Title: Commissioner Agency: Virginia Employment Commission Date: oa Page 4 Date: Virginia Employment Commission CICPI Authottadon Information for Inter Agency Access Part h Agency Information and Ewernal Security t?,Uker Attestation Agency Name: Pj % Orgaizational Name: Ci T lI j i Io�q S �j�e0 ne � G e — O ILS Mailing Address: a 15 CA RW (5(t) Rrn 25'2- Roanoke 04 ,,z 40.1/ External Security Officer*: Dt+PR /3. ""4 -0616 Office, Phone: 5 53 C b Cell Phone: "MM G E-mail Address: 1 Q na , l on &rPan,0Ae t/a • go Y- U— ( *Agency is required to report changes to this position to VEC within 7 calendar days.) External Security Officer Attestation 1, the undersigned individual, hereby certify that 1) I am the authorized External Information Security Officer for the agency shown above and have read and will comply with the responsibilities outlined in the VEC External Security Officer Training Manual. 2) The individuals listed below are employees in good standing of agency 3) Each of the individuals listed below has undergone a satisfactory criminal background check no more than 45 days prior to the date of the inter - Agency Agreement signed between my agency and VEC 4) I have provided each individual listed below with a copy of the User Training Manual and that each employee bas read and understands the manual 5) And any assignment changes to the individuals listed below will be reported to VEC within 7 calendar days by submission of VEC farm IAA002. Employee #1 Name: %_e rr H-e n-dDt'' Employee #2 Name: J7! m o r-e- k n o w lens Employee #3 Name: l /,f Employee #4 Name: Ke 4- V-1P ".)- vin n o /Ire / rru �0to Signature of Ageacy Externa icer Date Part ll: VECAmthorkAdon for VITA Virginia Employment Commission hereby authorizes the above - referenced agency /governmental entity to access our On -Line Shared System CICPI effective as of the date shown below. Date Form VEClAA001 16 www9TV / V40 UI. com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269 -0001 Information Use US 531 (0410412008) Page 1 PURPOSE: To establish an agreement between the User and the Department of Motor Vehicles (DMV) for access to DMV records. This Agreement, made and entered into on this date: February 23, 2010.(month, day, year), between City of Roanoke, Billing & Collections, horcinaftor roferred to se the USER, and the Commonwealth of Virginia, Department of Motor Vehicles, hereinafter referred to as DMV. W itnesseth: The term of this Agreement shall be for the period beginning on February 23, 2010 (month, day, year), and shall continue for a period of two years, ending on February 22, 2012 (month, day, year), unless otherwise terminated by the USER upon thirty (30) days written notice to DMV, or terminated by DMV at any time by written or verbal notice to the USER. DMV reserves the right to terminate this Agreement in part or In whole for any reason, at anytime, without prior notice at the sole discretion of DMV. Notice shall be deemed given on the date delivered to the other party, or, if sent by mail, five (6) days from the date of mailing as indicated by the postal mark on the envelope. This Agreement may be renewed for an Infinite number of successive two-year periods. This Agreement shall not automatically renew. Written notice of DMV's intention to renew shall be given approximately sixty days prior to expiration of each contract period. All modifications to this Agreement must be authorized in advance, in writing, by DMV. Under no circumstances shall the USER proceed'with changes to any aspect of this Agreement without express, prior written consent of DMV. According to § 46.2 -208 of the Code of Virginia, the Commissioner may enter into an agreement with any governmental authority or business to exchange Information specified In this section by electronic or other means. Whereas, the USER requests the following: ® Vehicle Information which includes vehicle description, title, registration and vehicle activity. ® Personal information, as defined by § 2.2.3108. Now, therefore, the USER hereby agrees without reservation or qualification to comply with all statutes and regulations, whether Federal or State, and all DMV policies pertaining to personal information disseminated by DMV, which statutes and regulations include but may not be limited to: VA Code §§ 46.2 -208, 46.2 -209 and 46.2 -210, the Federal Driver's Privacy Protection Act (DPPA). 1 a V.S.C. §§ 2721 through 2725 and DMV's Information Security Policy. The USER further agrees and hereby certifies that the information furnished from said record(s) shall be used for no purpose other than the purpose for which it was furnished. The use of the seal of the Commonwealth of Virginia or any copyrighted material owned by the Commonwealth of Virginia is prohibited. AUTOMATED INTERFACE RESTRICTION: The User and/or its agents will not develop or utilize any automated interfaces or other methodologies for the extraction or manipulation of data or information (commonly referred to as screen- scraping or web - enabled access) received from DMV pursuant to this Information Use Agreement without explicit review and written permission of DMV. DMV has established this requirement because federal and state laws impose stringent requirements providing for the protection and presentation of all data processed, stored, and transmitted via DMV's systems, whether internet, extranet or intranet. DMV reserves the right to revoke this Information Use Agreement if this provision is violated in any way. The USER will keep on fife and make available for inspection by DMV adequate written authorization by the subject for each such personal information request to cover any requested dissemination when required by law. The USER further agrees and hereby certifies that in the event the disclosure of such information leads to any claim or litigation, the USER will indemnify and hold DMV harmless from any resulting liability. The laws of the Commonwealth of Virginia shall govern this Agreement. Any litigation arising under or concerning this Agreement shall be brought in a court of competent jurisdiction of the Commonwealth of Virginia. Should a court of competent jurisdiction find any clause or provision of this Agreement unenforceable, that clause or provision shall be struck from the Agreement or may be modified as the court sees fit in a manner that allows other clauses or provisions in the Agreement to remain in full force and effect. US 531 (04/04/2008) Page 2 It is certified that the information obtained by online access is to be used for the sole purpose (stated in the USER's application) of: collection of personal property tax and parking tickets and the USER covenants that the information shared, as contemplated by this Agreement, is personal to the USER and that the USER will not permit the information to be utilized by any other person, firm, corporation or government agency unless expressly specified and authorized in an addendum to this agreement. Further. USER covenants that the information obtained will be used solely to assist in the delivery of services in the USER's normal course of business, which expressly shall not include use in transactions in which the USER has a personal interest or transactions in which there is a personal benefit accruing to the USER. a) Misuse: DMV may immediately terminate this Agreement and/or deny USER's access to DMV's records, at the discretion of DMV, upon suspected or actual misuse of information provided to USER pursuant to this Agreement or derived therefrom by USER or any customer or third party supplied with information directly or indirectly by USER. b) Changes in the Law: This Agreement is subject to immediate termination by DMV or the USER upon passage or interpretation by a court of competent jurisdiction of any state or federal law or regulation that makes this Agreement or any provision contained herein unlawful, or any law or regulation that would require DMV, as a result of uses authorized by this Agreement, to obtain express written consent of the person to whom such information pertains. c) Non - Compliance with the Terms of this Agreement: DMV may immediately terminate this Agreement and/or deny USER's access to DMV's records, at the discretion of DMV, upon suspected or actual non - compliance with the terms of this Agreement. Should the USER misuse the Information obtained from DMV or otherwise fail to comply with the terms of this Agreement, then, in addition to immediately terminating this Agreement and(or denying USER's access to DMV's records, DMV may: 1) recover all files and media suspected of containing information obtained from DMV; 2) hold the USER responsible for any damages caused by the misuse of personal information obtained from DMV; and 3) make public any available evidence of such misuse of information and/or non - compliance with the terms of this Agreement in order to allow victimized persons the opportunity to bring charges against the USER, either individually or in concert. In accordance with the provisions of Section 607 of the Federal Fair Credit Reporting Act, Public Law No. 91 -508, The Federal Driver's Privacy Protection Act of 1994, Title VI of the Consumer Credit Protection Act, the Government Data Collection and Dissemination Practices Act, Section 2.2 -3800 through 2.2 -3809 of the Code of Virginia, 1950, (as amended), and Section 46.2 -208 et seq. of the Code of Virginia, 1950, (as amended) it is hereby certified that the below named USER is entitled to the use of the above requested information recorded in the files of DMV. It is further certified that the below named USER has caused this agreement to be signed by a duly authorized representative or agent, thereby binding its authorized personnel and representatives ,to the conditions stated in this Information Use Agreement. The USER, unless exempt from fees based on Virginia Code § 46.2 -214, 1950, (as amended), will be billed monthly for services outlined in this Information Use Agreement. If payment for these services is not received within 30 days of billing, DMV will consider the payment overdue and may take action to discontinue the services. Users will be subject to DMV's usual procedures for collection of past due accounts. In witness whereof, the parties hereto have affixed their signatures and seals. -nni or e USER iDEhhTIFICi01TION: SIGNATURI S USER USER SIGNATURE (authorized representative) City of Roanoke, Bill" & Collectkxms 546001569 ADDRESS (street or post office box) 215 Church Ave., SW, Room 252 I Roanoke, VA 24011 ~y OTHER-AM-1 ORIZED USERS. Names of Authorized USERS. Use letterhead stationary if more space is needed. SPECIAL USER. NOTES AND AGREEMENT PROVISIONS • Violation of the terms contained herein is punishable under state law as a Class 4 misdemeanor. Violation of Federal Public Law 91 -508, known as the Fair Credit Reporting Act, and the provisions therein is punishable by up to a $5,000 fine or two years imprisonment or both. • Users are subject to reasonable Inspection and/or audit by DMV to ensure compliance with the terms and provisions stated in this Agreement. EXTRANET USER MEMORANDUM OF UNDERSTANDING AND AGREEMENT This Memorandum of Understanding and Agreement ( "Agreement ") is made and entered into on this 23rd day of February, 2010 between the City of Roanoke, Billing & Collections ( "Extranet User") and the Commonwealth of Virginia, Department of Motor Vehicles ( "DMV "). WHEREAS, DMV has developed an Internet -based system by which transactions, information and requests for information may be submitted to, and information received from, DMV electronically (the "Extranet System "); and WHEREAS, the electronic submission of transactions and information is of economic benefit to Extranet User and DMV; NOW THEREFORE, Extranet User and DMV agree to the following terms and conditions: I. Purpose and Scope: The purpose of this Agreement is to establish parameters, terms, and conditions under which Extranet User is authorized to submit transactions, information and requests for information to, and receive information from DMV via the Internet (the "Extranet System "). Descriptions of the transactions and information that Extranet User is authorized to submit and information that Extranet User is authorized to receive via the Extranet System are set forth in an attachment to this Agreement (Attachment A), which is incorporated herein by reference. II. Access to Extranet Svstem: Access to Internet service is granted to Extranet User by DMV as a privilege, in order to provide Extranet User a convenient method to perform an authorized function. Access to the DMV system is made available to Extranet User for the sole purpose of performing those functions authorized by DMV. Extranet User agrees that the DMV system will be used only to perform the functions authorized by DMV and agrees that any other use by Extranet User, its directors, officers, employees or agents constitutes the unauthorized use and misuse of the Extranet System. III. Responsibilities of Extranet User: A. Information, - YUing Requirements and Privacy /Confidentiality: (1) Filing: Extranet User understands and accepts the ethical and legal responsibilities of filing information with and/or obtaining information from DMV, recognizes that unauthorized access to information or unauthorized filing or filing of false information is illegal and /or unethical and agrees to refrain from any illegal and/or unethical action as a user of the Extranet System. Extranet User understands and agrees that it is responsible for all information obtained or submitted via the Extranet System by Extranet User and/or by means of Extranet User's access mechanisms and that the unauthorized access to information and/or the unauthorized submission of information or submission of any false or inaccurate information shall be deemed a misuse of the system. (2) Confidentiality/Privacy: Extranet User understands and agrees that any information obtained by Extranet User, its individual user(s), directors, officers, agents, or employees pursuant to this Agreement and/or use of the Extranet System may be of a personal or confidential nature and subject to and governed by restrictions upon access, use and/or dissemination of information set forth in state and/or federal laws and/or regulations. Accordingly, Extranet User agrees without reservation or qualification, that it shall comply with, and be subject to the penalties for violation of, all laws and regulations, whether Federal or State, pertaining to the access, use and/or dissemination of information, including, but not limited to, the Federal Driver's Privacy Protection Act of 1994, 18 USC Sections 2721 et. seq. (as amended), the Federal Fair Credit Reporting Act, Public Law 91 -508, Title VI of the Consumer Credit Protection Act, the Virginia Privacy Protection Act of 1976, Chapter 26, Sections 2.1 -377 through 2.1 -386 of the Code of Virginia, 1950 (as amended) and, effective October 1, 2001, its successor, the Government Data Collection and Dissemination Practices Act, Va. Code Sections 2.2 -3800 through 2.2 -3809, Sections 46.2 -208 et. seq. of the Code of Virginia, 1950 (as amended) and Sections 18.2 -1511 through 18.2 - 152.15 of the Code of Virginia, 1950 (as amended). Extranet User agrees that any information obtained by Extranet User, its individual user(s), directors, officers, agents, or employees pursuant to this Agreement and/or use of the Extranet System shall be used for no purpose other than the purpose for which it was furnished. B Access Mechanisms Procedures and Requirements: Extranet User shall not be permitted access to the Extranet unless and until (i) DMV and Extranet User have executed this Agreement; (ii) Extranet User has submitted and DMV has approved a completed and signed Application for Extranet Transaction Access; and (iii) Extranet User has complied with all requirements of this Section (B). Upon execution of this Agreement, Extranet User must obtain one or more tokens from DMV, which will be necessary for Extranet User to access Extranet and perform the functions authorized herein. DMV shall bear sole discretion in determining the number of individual users that will be authorized for, and tokens that will be issued to, Extranet User. DMV reserves the right to, at any time during the term of this Agreement or any renewal thereof, charge Extranet User a non - refundable fee, at a price to be determined by DMV, for one or more tokens to be issued to Extranet User. In the event that DMV elects to charge Extranet User a fee for tokens, DMV shall notify Extranet User of the fee and such fee shall apply only to tokens issued thereafter. Individual users of Extranet User will be assigned separate logon identifiers (" logon- ids ") and Personal Identification Numbers ( "PINs "). in order to obtain logon ids and PINs for its individual users, Extranet User must provide DMV with such individual users' personal/ identifying information as required by DMV. Extranet User understands and agrees that all access mechanisms, including logos -ids, PINS, passwords, user identifiers and tokens, are issued for specific, pre- identified individual users and that neither Extranet User nor its individual users, officers, agents or employees will share logon- id, PIN, password or user identifier information, or tokens, nor permit their use by, any individual other than the individual user to whom such information or token is assigned. Extranet User further agrees that logon ids, PINS, and /or tokens will not be reassigned to different individuals without prior written approval of DMV. Extranet User understands and agrees that the token has an expiration date and will not function after the specified expiration date. Once Extranet User has been issued a token, it shall be the sole responsibility of Extranet User to track the expiration dates of the tokens and to order new replacement tokens sufficiently in advance of expiration in order to avoid a lapse in access to the Extranet SysterrL DMV will only ship replacements for expiring tokens upon receiving an 2 order from Extranet User. DMV will deactivate an expiring token 5 days after its replacement has been shipped by DMV. Extranet User agrees to maintain, in a secure manner, a log reflecting token numbers, the date each token was received, the individual to whom the token was assigned, the expiration date of the token and the final disposition of such token. Extranet User shall make the original log available to DMV upon demand. Extranet User hereby agrees that by entering into this Agreement, it assumes and bears the entire risk of loss and/or damage to the token(s) provided by DMV, regardless of the cause of loss or damage. In the event of any loss or damage to the token(s), regardless of the extent, nature or cause of the loss or damage, Extranet User shall pay the then current cost necessary for DMV to replace. the token. Extranet User agrees that DMV may also monitor use of tokens and if DMV detects non -use or determines, solely within: its discretion, misuse of a token, Extranet User shall return, or provide DMV with written explanation of Extranet User's inability to return the token, within 5 days of written notice by DMV that the token must be returned. In the event that Extranet User is unable to return the token, Extranet User shall submit to DMV within 5 days of written demand by DMV the then current cost DMV would incur in purchasing a token of equivalent value and quality. Extranet User shall, within 15 days of expiration or earlier termination of this Agreement, return, to DMV, in good repair, condition, and working order, any and all tokens issued to Extranet User, by delivering the token(s), in a secure manner and at Extranet User's sole expense, to a location specified. by DMV. In the event Extranet User will be returning damaged tokens or fewer tokens than were assigned or issued to Extranet User by DMV, then Extranet User shall, within 15 days of expiration or earlier termination of this Agreement, pay to DMV the then current cost DMV would incur in purchasing the relevant number of tokens of equivalent value and quality. Extranet User agrees that it will not disclose information concerning any access mechanism of which Extranet User has knowledge, unless properly authorized by DMV to disclose such information and that it will not use any access mechanism that has not been expressly assigned to Extranet User by DMV. Extranet User understands and agrees that Extranet User, its directors, officers, individual users, agents and employees are prohibited from using or knowingly permitting the use of any assigned or entrusted access mechanism (such as logon identifiers, PINS, passwords, user identifiers, tokens, etc.) for any purpose other than the performance of authorized functions. C. Monitoring Use: Extranet User agrees to monitor all use of the Extranet System in which Extranet User's access mechanisms or equipment are used to gain access, whether authorized or unauthorized, to the Extranet System and agrees to report any incidents of non - compliance with the terms of this Agreement, immediately upon suspicion or detection thereof, to the DMV contact specified in this Agreement. Extranet User agrees that it shall establish and maintain procedures and record keeping which will enable Extranet User to track use of, and Extranet access via, Extranet User's access mechanisms. Extranet User shall, at a minimum, track, record, and when requested by DMV, provide DMV with, the name of a particular individual who, by means of Extranet User's access to the Extranet, conducted a specified transaction or accessed specific information on a particular date. Extranet User agrees to appoint one officer or employee of Extranet User as "Security Officer" for Extranet User and to provide DMV with the name and contact information of the Security Officer, which shall be set forth in Extranet User's Application for Extranet Transaction Access. The Security Officer shall serve as Extranet Users designated officer whose duty it shall be to receive notices from DMV concerning Extranet User's access to the Extranet, to receive and plantain tokens and token information, and to provide DMV with information requested by DMV from time to time during'the term of this Agreement or any renewal thereof, which information shall include but not be limited to, the status of all tokens issued to Extranet user, the names of individuals to whom tokens have been issued, and the name of an individual who conducted a particular transaction or used a token on a particular date. Notwithstanding the foregoing, Extranet User shall bear responsibility and liability for any and all duties and informational requirements pursuant to this Agreement, including those described hereunder as duties and requirements of the Security Officer. D. Remedies: Notwithstanding any other remedies available under applicable law, DMV reserves the right to terminate Extranet User's access to the Extranet System and to terminate or suspend any certification or other agreements) between Extranet User and DMV, in the event of any suspected or actual submission of any false or inaccurate information or unauthorized use by Extranet User, its individual user(s), directors, officers, agents, or employees or by means of Extranet Users access mechanism, as well as any suspected or actual non - compliance by Extranet User, its individual users, directors, officers, agents or employees with the terms of this Agreement or Extranet User's Application for Extranet Transaction Access. E. Indemind ication: Extranet User agrees to obtain and maintain in force during the life of this Agreement an insurance policy or other form of insurance coverage that will provide sufficient coverage for and against all actions, claims, losses, damages, judgments, liabilities, or other costs and expenses which arise in whole or in part out of acts or omissions of Extranet User, its agents, or employees, with respect to the subject matter of this Agreement, including reasonable attorney's fees and other costs of defending against such actions or claims. Nothing herein shall be deemed a waiver of sovereign immunity of the Extranet User or the Commissioner. The Extranet User also agrees to provide either a certificate of liability insurance coverage or a copy of the policy, whichever is requested by the Commissioner. F. Compliance with Law: In addition to the requirements set forth in Section IH.A.(2) of this Agreement, Extranet User agrees to comply with all applicable laws, rules, regulations, and guidelines, whether Federal or State, related to this Agreement, its subject matter, or Extranet User's performance hereunder, including but not limited to, the Virginia Computer Crimes Act (Sections 18.2 -152.1 through 18- 152.15 of the Code of Virginia.) 4 IV. Term ofAmement• Termination: The term of this Agreement shall be for the period beginning on the date first written above, and shall continue for a period of two years, unless otherwise terminated by the Extranet User upon thirty (30) days written notice to DMV, or terminated by DMV at any time by written or verbal notice to the Extranet User. DMV reserves the right to terminate this Agreement in part or in whole for any reason, at anytime, without prior notice at the sole,discretion of DMV. Notice shall be deemed given on the date delivered to the other party, or, if sent by mail, five (5) days frum the elate of mailing as indicated by the postal mark on the envelope. This Agreement may be renewed for an infinite number of successive two -year periods. This Agreement shall not automatically renew. Written notice of DMV's intention to renew shall be given approximately sixty days prior to expiration of each contract period. V. Miscellaneous: This Agreement.shall be governed by and interpreted in accord with the laws of the Commonwealth of Virginia. Any disputes which arise out of this Agreement shall be tried by a court of competent jurisdiction located in the Commonwealth of Virginia. Titles and headings are inserted for convenience only and shall not be used to interpret the Agreement. All notices required or given pursuant to this Agreement shall be directed to: WRTA Jeff Harper Dep. Director, Data Management Department of Motor Vehicles 2300 West Broad Street Richmond, Virginia 23269 Extranct User: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives and agree to be bound by the terms and conditions set forth in this Agreement and any addendum thereto: Department of Motor Vehicles: M Print Name: Jeff Harper Print Title: _Deputy Director Date: APPROVED AS TO FORM By: Assistant City Attorney Extranet User: City of Roanoke, Billing & Collections By: Print Name: Print Title: Date: APPROVED AS TO EXECUTION By: Assistant City Attorney Extranet User MEMORANDUM OF UNDERSTANDING AND AGREEMENT Attachment A The Department of Motor Vehicles hereby authorizes the City of Roanoke, Billing & Collections ( Extranet User's) access to the Extranet System, pursuant to the MEMORANDUM OF UNDERSTANDING AND AGREEMENT, dated February 23, 2010 ( "Agreement "), in order to electronically: To process Vehicle Registration Withholding Stops via the Internet: Please advise if you plan to use a third party information service. (Provide name of information service below.) / v W Contact Name Phone Number Organization Name Department of Motor Vehicles: By: Print Name: Jeff Harper Print Title: Deputy Director Date: APPROVED AS TO FORM By: Assistant City Attorney Address City, State and Zip Extranet User: City of Roanoke, Billing & Collections By: R Print Name: Print Title: Date: APPROVED AS TO EXECUTION Bv: + Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The.19th day of April, 2010. No. 38774- 041910. AN ORDINANCE to transfer funding from the Fallon Park Roofing project to the Virginia Heights Roofing project and the Morningside Roofing project, 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 -2010 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds 31- 065 - 6046 -9302 $ (17,000) 31- 065 - 6049 -9302 10,000 31 -065- 6053 -9302 7,000 Pursuant to the provisions of Section 12 of the City Charter, the'second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. April 14, 2010 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 April 13, 2010, the Board respectfully requests City Council approve the following appropriations: Revised Capital Appropriations Net Change Fallon Park Roofing Project $ - 17,000 Virginia Heights Roofing Project $ 7,000 Morningside Roofing Project 10,000 Total $ 0 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. P ulton, Clerk pc: William M. Hackworth Ann H. Shawver Rita D. Bishop Margaret Lindsey Chris Morrill 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 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 1 L�Rctw�p ANN H. SHAWVER, CPA Director of Finance April 19, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance As the result of official School Board action at its April 13, 2010 meeting, the Board respectfully requests that City Council transfer funding as follows: $7,000 from the Fallon Park Roofing Project (31- 065 -6046) to the Virginia Heights Roofing Project (31- 065- 6053), and $10,000 from the Fallon Park Roofing Project (31- 065 -6046) to the Morningside Roofing Project (31- 065 - 6049). We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to transfer funding as outlined. Sincerely, Ann H. Shawver Director of Finance Christopher P. Morrill, 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 won" l Sherman M. Stovall, Director Management and Budget Roanoke, Virginia Dear Mr. Stovall: At the regular meeting of the Council of the City of Roanoke held on Monday, April 19, 2010, you were appointed as the City representative to the Market Building Foundation, Board of Directors. For your information, I am enclosing draft copy of the Market Building Foundation, Inc., Bylaws, and Market Building Foundation Outline. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as its representative to Market Building Foundation, Inc., Board of Directors. If I may provide additional information or be of further assistance, please do not hesitate to call on me. Sincerely, ` 0oy") Stephanie M. Moon, CMC,1 City Clerk pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney L: \CLERK\DATA \CKEW1 \oath and leaving service\Market Building Foundation Board of Directors \Sherman Stovall.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 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk April 20, 2010 Sherman M. Stovall, Director Management and Budget Roanoke, Virginia Dear Mr. Stovall: At the regular meeting of the Council of the City of Roanoke held on Monday, April 19, 2010, you were appointed as the City representative to the Market Building Foundation, Board of Directors. For your information, I am enclosing draft copy of the Market Building Foundation, Inc., Bylaws, and Market Building Foundation Outline. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as its representative to Market Building Foundation, Inc., Board of Directors. If I may provide additional information or be of further assistance, please do not hesitate to call on me. Sincerely, ` 0oy") Stephanie M. Moon, CMC,1 City Clerk pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney L: \CLERK\DATA \CKEW1 \oath and leaving service\Market Building Foundation Board of Directors \Sherman Stovall.doc MARKET BUILDING FOUNDATION OUTLINE February 2, 2010 Purpose of the Foundation: To preserve the historic architectural character of the community through the rehabilitation, maintenance, and management / operation of the Roanoke City Market Building critical to the economic development and stability of the Historic Downtown Market areas in the City of Roanoke. The foundation is necessary for the City to qualify for and utilize Federal Historic Rehabilitation Tax Credits for the renovation of the building. Therefore, the City will be leasing the building through the Economic Development Authority for a forty year period, such lease to be sublet to the Foundation. Composition of the Foundation Board of Directors: Seven Directors comprised of one representative from the following organizations (which organizations otherwise play no direct role in the Foundation's activities): • City of Roanoke • Economic Development Authority of the City of Roanoke • Downtown Roanoke, Incorporated (not affiliated with the City) • Roanoke Regional Chamber of Commerce (not affiliated with the City) • The Hotel Roanoke Conference Center Commission (not affiliated with the City) and 2 at large members, not affiliated with the City, selected by the Board Board Member Terms: Terms for Board members will be from one to three years, as set forth in the Bylaws, so as to create staggered terms. Responsibilities of the Foundation: o Participation in final building design and the rehabilitation and construction process. (Capital funding provided by the City) Management and Operation of the Market Building, to include, but not limited to o Leasing of the first floor of the facility to appropriate retail / food related tenants; and operating the upper floor assembly space for various purposes. I Providing for professional management and leasing services for the facility through procurement of such services. o Development and implementation of operational policy and providing guidance and direction to professional management / leasing staff. o Approval and oversight of annual operating budget. o Periodic reports to City regarding fiscal and operational status of the facility. Foundation not responsible for annual operating subsidy, if revenues from rents and other operations do not exceed costs to operate the facility. That responsibility remains with the City to provide such funding necessary to ensure balanced operating budget. 12/09/09 GERM Draft MARKET BUILDING FOUNDATION, INC. BYLAWS ARTICLE I - Purpose. The purpose of the Market Building Foundation, Inc. (the "Corporation') shall be exclusively to preserve the historic and architectural character of the community through the rehabilitation, maintenance and management of the Roanoke City Market Building, a historically and architecturally significant property critical to economic development and stability of the Historic Downtown Market area in the City of Roanoke, Virginia.. ARTICLE D - Membership. There shall be no Members of the Corporation. ARTICLE III — Board of Directors. Section 1. General Powers. The affairs of the Corporation shall be managed by the Board of Directors. The Directors may adopt such other rules and regulations for the conduct of their meetings and the management of the affairs of the Corporation as they deem proper and are not inconsistent with these bylaws and the articles of incorporation. Section 2. Number and Qualification. The Board of Directors shall consist of seven (7) directors. a. Each of the following entities shall be entitled to have one representative from its entity on the Board of Directors, which representative shall sery e a three (3) year term (the "City Directors"): Virginia, and Economic Development Authority of the City of Roanoke, 2. City of Roanoke, Virginia. b. Each of the following entities shall be entitled to have one representative from its entity on the Board of Directors, which representative shall not be an affiliate of the City of Roanoke, Virginia, and shall serve an initial two (2) year tern beginning at the initial organizational meeting of the directors of the Corporation, and a three (3) year term thereafter (so as to create staggered terns): 796527/3 1 813 74v 1 Downtown Roanoke, Inc., 2. Roanoke Regional Chamber of Commerce, and 3. The Hotel Roanoke Conference Center Commission. Representatives of these three entities shall, for purposes of these Bylaws, be deemed to be Independent Directors. - C. In addition to the foregoing, the Board of Directors shall select two (2) at- large board members to serve either a one or two year term, as the Board may direct. Such at -large board members shall be residents of the City of Roanoke, shall not be affiliated with the City of Roanoke and shall, for purposes of these Bylaws, be deemed to be Independent Directors. A person "affiliated with the City of Roanoke," for purposes of these Bylaws, shall mean a person employed by the City of Roanoke, an elected official of the City of Roanoke, or a person associated with the City of Roanoke, either directly or indirectly. For purposes of these Bylaws, the "City of Roanoke" shall mean the City of Roanoke, Virginia, a municipal corporation. d. At least fifteen (15) days prior to the Annual Meeting of the Board of Directors, each of the entities listed in subparagraphs a. and b. above shall provide the name of the person from its organization to serve on the Board of Directors. If any of the foregoing entities should fail to provide a representative, then the Board of Directors shall fill the position with a person who qualifies under this Article III for a position as an at- large board member for the term of one year (such at -large board member being in addition to any at -large board members appointed pursuant to the paragraph immediately preceding this paragraph). Section 3. Nominations for at -large board members. Each year prior to the annual meeting of the Board of Directors, the Chair shall have the option of providing to the Board of Directors a list of persons who qualify under this Article III for election as at- large board members to the Board of Directors, at least equal to the number of at -large board members whose terns shall expire at the end of that current fiscal year. Additionally, at the annual meeting, any Board Member may nominate a person or persons for election as at -large board members to the Board of Directors if such person qualifies under this Article III for such position. All candidates for election shall have previously signified their willingness to serve if elected and shall meet the qualifications set forth in Section 2 of this Article Ill. Section 4. Election of Directors. The Directors shall be elected at the annual meeting of the Board of Directors, which annual meeting shall be held within ninety (90) days following the end of the Corporation's fiscal year. Vacancies among the Directors occurring during the year may be filled by the Directors as they deem proper, but such persons selected shall serve only until the next annual meeting of the Board of Directors. Newly elected Directors sliall be installed and take office at the next meeting following the annual meeting of the Board of Directors. Directors shall serve for the term for which they were elected or until their successors are elected and installed. Section 5. Committees. The Board of Directors may create one or more committees and appoint members of the Board of Directors to chair them. Members of the committees other than the chair need not be Directors. Each committee may have two or more members, who shall serve at the pleasure of the Board of Directors. Section 6. Ex Officio Board Members. From time to time, as the Board of Directors deems necessary, the Board of Directors may appoint one or more persons to serve as ex officio Board members and/or Committee members. Such ex officio members shall not be entitled to vote and shall serve at the pleasure of the Board of Directors. ARTICLE IV - Officers. Section 1. Required Officers. The officers of the Corporation shall consist of a Chair, a Vice Chair, a Secretary, and a Treasurer, and such officers as may be appointed, as provided in Section 3 of this Article. The Board of Directors may appoint an Executive Director. Officers need not be members of the Board of Directors or the Corporation at the time they are elected as officers. All officers shall be elected annually by the Board of Directors at the annual meeting of the Board of Directors and shall hold office for one year or until their successors are elected and qualified. Any Director may be nominated to serve as an officer of the Corporation. Section 2. Removal of Officers. Any officer of the Corporation may be removed with or without cause, at any time, by a resolution passed by affirmative vote of the other Directors. Vacancies among the officers may be filled at any meeting of the Board of Directors. Section 3. Other Officers. Other officers may be appointed by the Board of Directors, including one or more Vice Chair, or one or more assistant Secretaries and assistant Treasurers, as may from dine to time be deemed necessary by the Board of Directors, and shall hold office for such tern as may be designated by the said Board of Directors. Section 4. Duties. The officers of the Corporation shall have such duties as generally pertain to their offices, respectively, as well as such powers and duties as from tune to time shall be conferred by the Board of Directors, including specifically, but without constituting limitations, the following: (a) Chair - The Chair shall preside at all meetings and shall represent the Corporation at public functions. The Chair shall sign and execute in the name of the Corporation all legal instruments and other papers fm the transaction of the Corporation's affairs. 3 7965 27 31 93374c (b) Vice Chair - The duties of the Chair shall, in the absence of the Chair, devolve upon the Vice Chair. (c) Executive Director — If appointed by the Board of Directors, the Executive Director shall have active executive management of the operations of the Corporation, subject to the control of the Board of Directors. The Executive Director shall see that all policies, orders and resolutions of the Board of Directors are carried out and shall perform such other duties as these Bylaws or the Board of Directors may prescribe. The Executive Director shall be an ex officio member of the Board of Directors and all committees of the Board of Directors. The Executive Director shall not be entitled to vote and shall serve at the pleasure of the Board of Directors.. (d) Treasurer - The Treasurer shall have custody of the money belonging to the Corporation. and shall deposit the same, in the name of the Corporation, in one or more insured financial institutions, as designated by the Board of Directors. All payments of money shall be made, and all checks must be signed, by the Treasurer, or in the Treasurer's temporary absence or incapacity, by the Chair, or by one of the other Directors so authorized by resolution of the Board of Directors. The Treasurer shalt keep such books of account as the Board of Directors of the Corporation shall direct, and shall keep a correct roster of all members and their standing. The Treasurer shall submit a written report at every meeting of the Board which shall be attached to the Secretary's minutes. The said report will show current balances in each of the funds of the Corporation and the receipts and disbursements in detail since the Treasurer's last report. A report of the financial condition of the Corporation, including a statement of receipts and disbursements and a statement of assets and liabilities, shall be made by the Treasurer to the Board of Directors or to the Corporation, in each case, whenever directed by the Board, and similar reports as of the end of the fiscal year shall be submitted by the Treasurer at the meeting of the Board at which officers are elected for that year. The Treasurer, subject to the approval of the Board of Directors shall designate a financial institution in the Commonwealth of Virginia as custodian of the securities constituting the corpus of invested assets of the funds of the Corporation, and the Treasurer is authorized to enter into such agreements as may be required for this purpose and to pay from the income of the appropriate fund all proper and reasonable charges connected therewith. The Treasurer shall at such times as the Treasurer may be called upon to do so, produce the bank books, papers, books and other effects submitted to the Treasurer's keeping for inspection and examination by the Board of Directors or a duly appointed committee. There shall be an annual audit of all books and funds presented to the Board of Directors. An auditor will be appointed by the Board of Directors. "fhe Treasurer shall deliver all the Corporation property in the Treasurer's possession to a succeeding Treasurer upon notice of the due election of such successor and the giving of the security hereinhefore directed. 790 17/318337441 (e) Secretary - The Secretary shall keep minutes of all proceedings of the Board of Directors and of the Corporation. The Secretary shall have custody of the seat of the Corporation and may attach the seal to all instruments requiring it when signed and executed by the Chair. The Secretary shall give all required meeting notices. Notices to Directors may be given in writing. The Secretary, or his designee, shall keep such other records and have such other dues as may be directed by the Board of Directors. ARTICLE V. Meetings and Voting. Section 1. Meetings of the Board of Directors. (a) Stated Meetings. The annual meeting shall be held within ninety (90) days of the end of the Corporation's fiscal year on a date to be designated by the Board of Directors. The Board of Directors shall also meet no less frequently than quarterly on such days and at such time and place as the Board of Directors shall designate in advance. (b) Special Meetings. Special meetings of the Board of Directors may be called at any time by the Chair or by at least three members of the Board of Directors. Section 2. Order of Business. Procedures at all meetings, unless specifically provided for in these bylaws, shall be in accordance with Robert's Rules of Order. Section 3. Attendance. Attendance may be in person or, with the prior approval of the Board, by designee with such designee participating as a Director in the Director's absence. Section 4. Quorum and Voting. Except as otherwise provided in the Articles of Incorporation or these Bylaws, a quorum of the Board of Directors shall consist of at least five of the Directors elected and serving as of the time of the meeting in question, provided, however, that in no event shall the quomm consist of fewer than three of the Independent Directors described in Section 2 of Article 111. If a quorum is present when a vote is taken, the affirmative vote of a majority of Directors present is the act of the Board of Directors. Each Director shall have one (1) vote. Section 5. Notice of Meetings. Notice of any meeting not held at a time fixed herein or by resolution of the Board of Directors shall be given to each Director at such Director's residence or business address by delivering such notice to such Director or by telephoning or telecopying such notice to the Director at least 48 hours before the meeting. Any such notice need not set forth the purpose of the meeting. Meetings may be held without notice if all the Directors are present or if those not present execute a written waiver of notice before the meeting. 7961 2' 31833 ?4,I ARTICLE VI. Funds Section 1 Use of Funds. The funds of the Corporation shall consist of a general fund, and such other special accounts or funds as the Board of Directors may, in its discretion, establish. All assets and funds of the Corporation shall be used exclusively to promote the purpose of the Corporation as set forth in Article I. Section 2. General Fund. The general fund shall consist of all assets not otherwise allocated to special funds or accounts, and all expenditures for the general purpose of the Corporation shall be made from this fund. Section 3. Special Funds. The Board of Directors may establish such special funds or accounts as may be convenient to the needs of the Corporation or the attainment of its purpose as set forth in Article 1. Upon termination or dissolution of any special fund by the Board of Directors or by the Corporation, any amounts which shall have been advanced from other funds may be returned thereto, and any surplus remaining shall be transferred or disbursed by the direction of the Board of Directors. ARTICLE VII: Miscellaneous. Section I. Seal. The Seal of the Corporation is affixed hereto. Section 2. Fiscal Year. The fiscal year of the Corporation shall be the calendar year. ARTICLE VIII: Amendment These Bylaws may be amended by a majority vote of the Board of Directors in attendance at any Stated or Special Meeting at which there is a quorum, provided, however, that such majority include at least three of the Independent Directors described in Section 2 of Article 111. Upon the adoption of any amendment to these Bylaws, the Board of Directors is empowered to take such steps as are necessary to effectuate the same with minimum disruption to Corporation business, to include modifying and suspending the same for up to one year but, in any event, all amendments are to be fully operational as adopted one year following their adoption. Adopted: '961/1' 1183174x1 0 ARTICLES OF INCORPORATION OF MARKET BUILDING FOUNDATION, INC. I hereby form a nonstoek corporation under the provisions of Chapter 10 of Title 13.1 of the Code of Virginia (1950), as amended, and to that end set forth the following: FIRST: The name of the Corporation is the MARKET BUILDING FOUNDATION, INC. SECOND: The Corporation is organized exclusivelyF$�. the charitable purpose of preserving the historic and architectural character of its co inTumty th igh the rehabilitation, maintenance and management of the Roanoke City Market Building, as e historically and architecturally significant property that is critical to eeonomiciftelopment and stability of the Historic Downtown Market area in the City of Roanoke, Virginia. THIRD: The Corporation shall not members. z FOURTH: The Corporation shall have and, exgpjag all,pbwers and authorities now or hereafter conferred upon nwi . corporations der the laws of the Commonwealth of Virginia. However, no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to any incorporator, trustee of director or officer of the Corporation or any private individual, except that the Corporation shall be authorized and empowercd to make disbursements to appropriate individuals meeting any established criteria for academic scholarships and to pay reasonable compensation to any of the foregoing persons for goods sold or services rendered and to make payments and distributions in furtherance of the purpose of the Corporation. FIFTH: The Board of Directors of the Corporation shall consist of seven (7) directors. Each of the following entities shall be entitled to have one representative fioin its entity on the Board of Directors (Ihe "City Directors "): Virginia, and Economic Development Authority of the City of Roanoke, 2. City of Roanoke, Virginia. b. Each of the following entities shall be entitled to have one representative from its entity on the Board of Directors, which representative shall not be an affiliate of the City of Roanoke, Virginia: 1. Downtown Roanoke, Inc, Oil 1 Roanoke Regional Chamber of Commerce, and k 3. The Hotel Roanoke Conferene entei ryrmission. Representatives of these three entities shall, for purposes o these Articles, be deemed to be Independent Directors. C. In addition to the foregoing, the Board of Directors shall include two (2) at -large board members. Such at -large board membersii'tl VV be residents`oe City of Roanoke, shall not be affiliated with the City of Roanoke and'shall „ftir purposes of these Articles, be deemed to be Independent Directors. 'A person "affiliated With the City of Roanoke,” for purposes of these Articles, shall mean a person empl ed by the City' =Roanoke, an elected official of the City of Roanoke, or a person associated with the City ofRoanoke, either directly or indirectly. For purposes of these Articles, the "City of Roanoke shall mean the City of Roanoke, Virginia, a municipal corporation. The initial Bpgd of Directors shall be appointed by the incorporator of the Corporation in compliance with the qualifications set forth in subparagraphs a through c above. Thereafter, the Board of Directors shall be elected by the incumbent directors at the annual meeting of the Board of Directors or at any special meeting held in lieu thereof in accordance with the provisions of the Corporation's Bylaws. s SIXTH: In the event of dissolution of the Corporation, and after all liabilities of the Corporation have been paid, satisfied and discharged or adequate provisions made therefor, all remaining assets shall be distributed to one or more organizations that are organized and operated pursuant to Section 501(e)(3) of the Intemal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax law. SEVENTH: The post office address of the initial registered office of the Corporation shall be at the law offices of Gentry Locke Rakes & Moore, LLP, SO unTfo Plaza, 10 Franklin Road, S.E., Post Office Box 400t3, in the City of Roanoke, Vicgini&24022- 0013, +its initial registered I agent at such address is Gentry Locke Rakes oore, LLP, a registered'7imited liability partnership authorized to transact business in this Commonwealths EIGHTH: Any person who is a p" or is threatened to$wade a party to any threatened, pending or completed action, suit or proceeling„ whether civr)�6riminal, administrative or investigative, by reason of the fact that he is or was a director or executive officer of the Corporation, or is or was so serving with respect to another corporation, partnership, joint venture, trust or other enterprise at the request of the Corporif on, shall be indemnified by the Corporation against liability, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the full extent permitted by applicable law. The Corporation may, but shall not be required to, indemnify any and all other officers, employees, or agents R f, the Corporation to the same extent as directors and executive officers. NINTIL No director may be removed from office except for cause. For purposes of this Article, 'cause" shall mean misfeasance, malfeasance, or gross incompetence of the director in question. TENTH: The corporation shall abide by the following provisions with respect to the Internal Revenue Code: N (a) The Corporation will distribute its income for each tax year at a time and in a manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code, or the corresponding section of any future federal tax code; (b) The corporation will not engage in any act of self- dealing as defined in section 4941(d) of the Internal Revenue Code, or the corresponding section of any future federal tax code; J` (c) The corporation will not retain any ex business holdings as defined in section 4943(c) of the Internal Revenue Code, or the cQf^on ng secttdt i any future federal tax code; u (d) I'he corporation will not mNn, 44, in a marine as to subject it to tax under section 4944 of the Internal Revenue Code, or the corresponding section of any future federal tax code; and (e) The culf oration will nq) make any taxable expenditures as defined in section 4945(d) of the Internal Roth° ue Code, or the corresponding section of any future federal tax law. Dated: November , 2009 , Incorporator Bruce C. Stockburger Market Building Foundation Non-Profit [501(c)(3)I Sole Market Buildina GP. LLC (Mgr: ) Interest gar 3 Market Building Development LLC (Mgr: ) State Credit Investor LLC ROANOKE CITY MARKET BUILDING PROJECT Put of LP inter after year 5 State and Federal, Tenant Structure July 1, 2009 Lease Termination Agreement Lease Economic Development Authority of the City of Roanoke, Virginia Development Agreement Fee I Master Lease Construction _ Note 40 vrs. Market Building Partners. LP (Undertakes Rehab) Lease Market Tenant. LP Federal Credit Investor City of Roanoke (Sponsor) Lease Buy Out Option ( "EDA Option ") Foundation Leases Various Tenants 3048751.2 IVAF WHEREAS, WHEREAS, Office of the Mayor , ROq 2010 is the Inaugural Year of Down By Downtown - a celebration of the many years of collaboration between community volunteers, musicians, artists, business owners, arts organizations, educational institutions and venues that have created and energetic vibe and vibrant music scene, Roanoke is known throughout the region as an incubator of musical talent, the hub of music education, the home of great venues; and an environment of collaboration with intelligent music audiences; WHEREAS, The Down By Downtown Festival was an idea that has grown out of the creative collaboration of many citizens in Roanoke and was brought to life through the Creative Connector initiative (a partnership with the City and private funding sources); WHEREAS, S.T.A.R. Sprit of Tolerance and Art in the Region is an initiative started from the Roanoke City sponsored Creative Connector program is movement towards inclusion by building upon existing events and organizations like Juneteenth, Pride Parade, Local Colors, Interfaith Hospitality Network, Henry Street Festival and many others - as well as creating new initiatives such as Bridgewalk and the Open Doors Series, WHEREAS, S.T.A.R's goal is to have a musical event in the Downtown Roanoke area where diverse musicians from all over the world come to play together and through music give the example of what true unity looks (and sounds) like when we promote tolerance and understanding. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim April 28 -May 1, 2010, throughout this great All - America City, as ROANOKE CITY MUSIC DAYS. Given under our hands and the Seal of the City of Roanoke this nineteenth day of April in the year two thousand and ten. ATTEST. A#.A*�vYn. w Stephanie M. Afoon City Clerk David A. Bowers. Mayor A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38775 - 041910. A RESOLUTION memorializing the late Florine Luck Thornhill, a longtime resident of the City of Roanoke, and former President of the Northwest Neighborhood Environmental Organization, Inc. WHEREAS, the Mayor and Members of the Roanoke City Council learned with sorrow of the passing of Ms. Thornhill on Saturday, April 3, 2010; WHEREAS, Mrs. Thornhill was born in Pittsylvania County, Virginia, to the late Benjamin and Hattie Wilson Luck; and was married for 65 years to the late John Thornhill; and was the mother of nine children, several grandchildren and great - grandchildren; WHEREAS, in the 1980's, Mrs. Thornhill and a group of Gilmer residents concerned about the signs of urban decay seen in their neighborhood formed the Northwest Neighborhood Environmental Organization, Inc., a non - profit organization, to improve the quality of life in their neighborhood by working to improve its appearance, crime prevention and safety, and providing housing for low /moderate income persons; WHEREAS, through Mrs. Thornhill's vision and insight, the Northwest Neighborhood Environmental Organization was one of the first four pilot neighborhoods to join the Roanoke City Neighborhood Partnership; and due in large measure to the efforts of Mrs. Thornhill, her vision and determination, families returned to the Gilmer neighborhood to safe and affordable housing; WHEREAS, Mrs. Thornhill was a member of the City's 1985 All America City team and also served on the Roanoke City Neighborhood Partnership Steering Committee, the Henry Street Revival Committee; and was recognized and honored by the Roanoke City Council as the City's 1990 Citizen of the Year; WHEREAS, pursuant to Resolution No. 31962- 050294, the Roanoke City Council recognized and commended Mrs. Thornhill and the members of the Northwest Neighborhood Environmental Organization for having a 1994 Presidential Voluntary Action Award bestowed upon them by the President of the United States; WHEREAS, Mrs. Thornhill was a dedicated. member of Loudon Avenue Christian Church where she attended faithfully until her health declined; and was known for her spiritual approach to problem solving; and WHEREAS, Mrs. Thornhill always gave without expecting anything in return; she was truly blessed with the vision to see beyond the problem as well as the ability to act in order to achieve her vision; and through her gentle but determined personality, neighborhood residents, City staff and private business leaders enthusiastically assisted her to achieve her goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Florine Luck Thornhill and extends to her family its sincerest condolences. y ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38776- 041910. A RESOLUTION paying tribute to the Patrick Henry High School Boys' Varsity Basketball Team for its outstanding 2009 -10 season, including a Final Four appearance in the 2010 Virginia High School League Group AAA Boys Basketball State Championship. WHEREAS, this Patriots team, comprised of eight seniors, three juniors, two sophomores, and one freshman, showed great determination by going 7 -1 in the tough Western Valley District during the regular season and 21 -5 overall; WHEREAS, Patrick Henry won the Western Valley District Regular Season title, the Western Valley District Tournament title, and was the VHSL Northwest Region Tournament Champion; WHEREAS, the Patriots won their quarterfinal Regional Tournament game 57 -33 over Albemarle High School, won their Regional semi -final with a 56 -35 victory over Manassas's Osbourn High School, and defeated Gar -Field High School of Woodbridge 67 -49 to win the Northwest Region Tournament; WHEREAS, Patrick Henry won its State Tournament quarterfinal game over Fairfax County's Langley High School by a score of 58 -36, which sent the boys to a Final Four game in Richmond, where they mounted a brave challenge to Petersburg High School's 28 -0 Crimson Wave, the team that would go on to lose by just one point in the finals to eventual state champion I.C. Norcom of Portsmouth; WHEREAS, 2010 marks the first time the Patriots have been to the state tournament since 1992, when they won the title in Charlottesville; and WHEREAS, further honor was conferred upon the team this season by virtue of senior guard Melvin Henderson being named District Player of the Year, Regional Player of the Year, and First Team All State; and coach Jack Esworthy, now in his eighteenth year at Patrick Henry, being named Western Valley District Coach of the Year, Northwest Region Coach of the Year, and State AAA Coach of the Year. . THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this Resolution as a means of recognizing and commending the Patrick Henry High School Patriots for their participation in the VHSL Group AAA Boys Basketball State Championship Final Four on March 10, 2010. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Patriot's coach, Jack Esworthy. ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38777 - 041910. A RESOLUTION recognizing and commending the outstanding performance of the 2009 William Fleming High School Varsity Lady Colonels Basketball Team. WHEREAS, the Lady Colonels and their Head Coach Ronald "Champ" Hubbard.proudly and excellently represented their school and the entire Roanoke Valley by capturing the Western Valley District Championship at Franklin County High School on February 19, 2010, defeating Halifax County High School by a score of 59 — 52; WHEREAS, team members Salesse Stovall and Tiasia McGeorge were selected to the 15C All Western Valley District Team, RyJae Anderson and Erika Coleman were selected to the 2nd All Western Valley District Team, and Salesse Stovall also was the leading scorer in the Championship Game with 22 points; WHEREAS, Tiasia McGeorge was selected as Player of the Year in the Western Valley District; and Sharde Harbor was the team's Most Valuable Player in recognition of her hard work during the season in both practices and games; WHEREAS, the Lady Colonel team is comprised of 13 players -- Tiasia McGeorge, Casey Tench, Tierra Saunders, Aureon Bannister, Sharde Harbor, India Anderson, Keshonda Haynes, RyJae Anderson, Salesse Stovall, Kayla Harvey, Antionette McBride, Erika Coleman, and Lateasha Barbour; and WHEREAS, under the leadership of Head Coach "Champ" Hubbard and assistant coaches, the Lady Colonels always played with great teamwork, confidence, composure and determination and reflected great credit on the City of Roanoke and finished its season with an outstanding 17 -7 record. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding performance of the 2009 William Fleming High School Varsity Lady Colonels Basketball Team and Coach "Champ" Hubbard and his assistant coaches for their victory'in the Western Valley District Regular Season Championship. ATTEST: City Clerk April 20, 2010 Robert B. Manetta, Agent Carilion Clinic Physicians, LLC Carilion Services, Inc. 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 38778 - 041910 amending Ordinance No. 37334 - 032006 adopted by the Council of the City of Roanoke on March 20, 2006, removing the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S. W.), and Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended; and creating a new Comprehensive Sign Overlay District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 2010, and is in full force and effect upon its passage. Sincerely, It aO-A) Stephanie M. Moon, CMC City Clerk PC: Roanoke Land Development, LLC, 414 W. Main Street, Cambridge, Wisconsin 53523 B & B Holdings, LLC, 1826 Mountain View Road, Vinton, Virginia 24179 Roanoke Redevelopment and Housing Authority, P. O. box 6359, Roanoke, Virginia 24017 Bill Title, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011 CITY OF ROANOKE OFFICE OF THE CITY CLERK R. 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 rA - -, - Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 20, 2010 Robert B. Manetta, Agent Carilion Clinic Physicians, LLC Carilion Services, Inc. 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 38778 - 041910 amending Ordinance No. 37334 - 032006 adopted by the Council of the City of Roanoke on March 20, 2006, removing the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S. W.), and Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended; and creating a new Comprehensive Sign Overlay District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 2010, and is in full force and effect upon its passage. Sincerely, It aO-A) Stephanie M. Moon, CMC City Clerk PC: Roanoke Land Development, LLC, 414 W. Main Street, Cambridge, Wisconsin 53523 B & B Holdings, LLC, 1826 Mountain View Road, Vinton, Virginia 24179 Roanoke Redevelopment and Housing Authority, P. O. box 6359, Roanoke, Virginia 24017 Bill Title, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Robert B. Manetta, Agent April 20, 2010 Page 2 pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38778- 041910. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, and Ordinance No. 37334 - 032006, adopted March 20, 2006, to the extent such Ordinance designated certain parcels as a Comprehensive Sign Overlay District, known as the Riverside Center Comprehensive Sign Overlay District, located on or near Reserve Avenue, S.W.; creating a new Comprehensive Sign Overlay District; and dispensing with the second reading of this ordinance by title. WHEREAS, Ordinance No. 37334- 032006 created the Riverside Center Comprehensive Sign Overlay District, covering Official Tax Nos. 1031902, 1032001, 1032002, 1032005, 1032006, 1032101, 1032102, 1032103, 1032104, 1023105, 1032106, 1032201, 1032203, 1032207, 1032208 and 1032209; WHEREAS, subsequent to the adoption of Ordinance No. 37334 - 032006, properties bearing Official Tax Nos. 1031902, 1032001, 1032002, 1032005, 1032006, 1032101, 1032102, 1032103, 1032104, 1032105, 1032106, 1032201 and 1032207, and subject to such Ordinance, were subsequently combined and resubdivided into eight parcels, thereby creating new parcels bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216; WHEREAS, subsequent to the adoption of Ordinance No. 37334 - 032006, properties bearing Official Tax Nos. 1032203, 1032208 and 1032209, and subject to such Ordinance, were subsequently combined and resubdivided into four parcels, thereby 0- Carilion Clinic -amend Comp Sign Overlay Dst.doc 1 creating new parcels bearing Official Tax Nos. 1032203, 1032208, 1032209 and 1032210; WHEREAS, Carilion Clinic Physicians, LLC, and Carilion Services, Inc., have filed an application to the Council of the City of Roanoke to amend Ordinance No. 37334 - 032006, adopted March 20, 2006, to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S.W.), placed on such parcels by the adoption of Ordinance No. 37334- 032006, and include those parcels in a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 19, 2010, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public O- Carilion Clinic -amend Comp Sign Overlay Dst.doc 2 necessity, convenience, general welfare and good zoning practice, require amending of Ordinance No. 37334 - 032006, adopted March 20, 2006, to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S.W.), and include those parcels in a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010, and for those reasons, is of the opinion that the properties be included within a new Comprehensive Sign Overlay District as set forth in the Zoning Amended Application No. 2 dated March 24, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 37334 - 032006, adopted March 20, 2006, is hereby amended to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S.W.), and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010, and in the Zoning Amended Application No. 2 dated March 24, 2010, is approved and placed on the subject properties bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216, so that such properties will be zoned INPUD and included in such Comprehensive Sign Overlay District, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the O- Carilion Clinic -amend Comp Sign Overlay Dst.doc 3 Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1c� . aoa City Clerk. O- Carilion Clinic -amend Comp Sign Overlay Dst.doc 4 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 April 19, 2010 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers,and Members of City Council: Subject: Request from Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the current Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S.W., bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212 through 1032216, inclusive, approved by Ordinance No. 37334 - 032006 and replace it with a new Comprehensive Sign Overlay District for the parcels set out above, as set -out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City March 15, 2010." Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on Thursday, March 18, 2010. By a vote of 4 -3 (Mrs. Penn, Messrs. Scholz, Williams and Van Hyning voting for and Messrs. Chrisman and Mr. Futrell and Ms. Katz voting against), the Commission recommended approval of the Comprehensive Sign Overlay District, finding the application to amend the Comprehensive Sign Overlay District on the subject properties to be consistent with the City's Zoning Ordinance, the Comprehensive Plan, and the South Jefferson Redevelopment Plan. By allowing the applicant a flexible use of their total sign allotment, a more cohesive and effective signage system can be installed. Respectfully submitted, a Angela Penn, Chairman City Planning Commission Members of City Council Page 2 April 19, 2010 cc: Chris Morrill, City Manager William Hackworth, City Attorney Brian Townsend, Assistant City Manager Applicant Members of City Council Page 3 April 19, 2010 Application Information Request: Amendment of Comprehensive Sign Overlay District Owner.' Carilion Clinic Physicians, LLC and Carilion Services, Inc. Applicant: Briggs W. Andrews, Corporate Secretary Authorized Agent Robert B. Manetta City Staff Person: Maribeth B. Mills Site Address /Location: 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle SW Official Tax Nos.: 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215, and 1032216 Site Area: 16.95 Acres Total Existing Zoning: INPUD, Institutional Planned Unit Development, with Conditions, and Comprehensive Sign Overlay District Proposed Zoning: INPUD, Institutional Planned Unit Development, with Conditions, and Comprehensive Sign Overlay District Existing Land Use: Office, Medical Clinic, and Educational Facility Proposed Land Use: Office, Medical Clinic, and Educational Facility Neighborhood Plan: South Jefferson Redevelopment Plan Specified Future Land Use: Institutional /Mixed Use Filing Date: Original Application: February 4, 2010; Amended Application No. 1: February 25, 2010; Amended Application No. 2: Background In March 2006, the Riverside Center Comprehensive Sign Overlay District was established on twelve properties (Official Tax Nos. 1032203, 1032210, 1032208, 1032209, 1032216, 1032215, 1032214, 1032201, 1032001, 1032212, 1032213, and 1031902) to allow for the flexible use of their total sign allocation. At that time, the Virginia Tech Carilion Medical School and Research Center was not in existence and the site had only been conceptually designed. As the site has developed and the medical school has been added, the eastern side of the district requires an amendment to accommodate necessary shifts in sign placement and Virginia Tech's signage style. Official Tax Nos. 1032209, 1032208, 1032210, and 1032203 are not a part of this request and will remain subject to Ordinance No. 37455 - 061906. The application specifies up to twenty - two (22) freestanding signs: • Up to fourteen (14) freestanding identification signs ranging in height from six (6) to twelve (12) feet. • Up to four (4) freestanding directional signs with a maximum height of ten (10) feet. • One (1) freestanding informational sign with a maximum height of eight (8) feet. Members of City Council Page 4 April 19, 2010 • Up to three (3) freestanding interpretive signs with a maximum height of four (4) feet. Directional signs (e.g. handicap parking, fire lanes) under four (4) square feet in size are exempt. Building- mounted and upper -story wall signage will be installed in accordance with the City's Zoning Ordinance. Considerations Surrounding Zoninq and Land Use: Compliance with the Zoning Ordinance: The proposed amended overlay meets the requirements of Section 36.2 -336 (Comprehensive Sign Overlay District) of the City's Zoning Ordinance: 1. The subject property's base zoning is INPUD. 2. A minimum of five acres is required for a sign overlay district. The total acreage of all property subject to this request is 16.95 acres. The residual acreage still associated with Ordinance No. 37455 - 061906 is 8.9 acres. 3. A maximum sign height of twelve feet has been set, which is four feet shorter than the maximum allowed in the district. 4. The total freestanding sign area allocation for the subject properties is 2,355 square feet. Of this total allotment, 506 square feet of sign area would be used. 5. All signs are cohesive in design as depicted on the illustrations provided for each sign including information regarding dimensions, materials, color, font style, lighting specifications, and approximate location. If approved, freestanding signage on the property will be regulated by the specifications of the application. These regulations can only be amended or varied upon submission and approval of a zoning amendment application. Conformity with the Comprehensive Plan and Redevelopment Plan: Zoning District Land Use North RM -2, Residential Mixed Density Railroad tracks and single - family, District two'-family and multifamily housing. South INPUD, Institutional Planned Unit Former locations of the National Development District Guard and Roanoke City Parks and Recreation East INPUD,. Institutional Planned Unit Vacant. Development District West INPUD, Institutional Planned Unit Building supplies and materials, Development District retail (Surfaces Inc.) and hotel. Compliance with the Zoning Ordinance: The proposed amended overlay meets the requirements of Section 36.2 -336 (Comprehensive Sign Overlay District) of the City's Zoning Ordinance: 1. The subject property's base zoning is INPUD. 2. A minimum of five acres is required for a sign overlay district. The total acreage of all property subject to this request is 16.95 acres. The residual acreage still associated with Ordinance No. 37455 - 061906 is 8.9 acres. 3. A maximum sign height of twelve feet has been set, which is four feet shorter than the maximum allowed in the district. 4. The total freestanding sign area allocation for the subject properties is 2,355 square feet. Of this total allotment, 506 square feet of sign area would be used. 5. All signs are cohesive in design as depicted on the illustrations provided for each sign including information regarding dimensions, materials, color, font style, lighting specifications, and approximate location. If approved, freestanding signage on the property will be regulated by the specifications of the application. These regulations can only be amended or varied upon submission and approval of a zoning amendment application. Conformity with the Comprehensive Plan and Redevelopment Plan: Members of City Council Page 5 April 19, 2010 The City's Comprehensive Plan and the South Jefferson Redevelopment Plan both encourage the cohesive design and orderly placement of signage to promote area businesses and organizations while minimizing the potential for visual clutter. A Comprehensive Sign Overlay District provides the framework for a cohesive signage plan while still allowing the applicant to maintain their company's identity. The application conforms to the design principles of both plans as described below. The following policies of Vision 2001 -2020 are relevant in the consideration of this application: • PE P9. Health and human service agencies. Roanoke will support a range of health and human services to meet the needs or Roanoke's citizens. The following goals of the South Jefferson Redevelopment Plan are relevant in the consideration of this application: • Make best use of the area's location and urban character to provide for an orderly development framework. Conformity with Vision 2001- 2020's Design Principles: Design Principles: Application's Conformity: Signs (private and public) should be Signs are limited to those that will limited in number and scaled in size to identify buildings and direct vehicular minimize visual clutter. and pedestrian traffic. Their scale maximum width of 7 feet. coordinates to the large scale of the campus and its buildings. Conformity with the South Jefferson Redevelopment Design Guidelines: Design Guidelines: Application's Conformity. All signage outside public right -of -way All identification and directional signs should be of monument design with a are monument in style with a maximum maximum height of 10 feet and a width of 7 feet. Two signs will have a maximum width of 7 feet. maximum height of 12 feet which is consistent with the current sign overlay district. The remainder of all signs will be less than 10 feet in height. Directional signs, limited in area to 24 Up to 4 directional signs will be square feet each and a maximum of 8 installed under 24 square feet in area feet in height, may be used when and a maximum height of 10 feet. The necessary to direct traffic to a building current sign overlay district permits 30 on the same premises. directional signs. City Department Comments: None. Members of City Council Page 6 April 19, 2010 Public Comments: None. Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their March 18, 2010 public hearing. 1. Mr. Scholz noted that the large sign proposed for the wall at the corner of Jefferson Street and Reserve Avenue had been removed from the plan and asked the applicant how that wall would now be treated. The applicant stated that landscaping had been planted along the wall to soften its appearance. 2. Mr. Scholz asked why a cornice had only been added to the large VTC identification sign. The applicant responded that it corresponded to the cornice on the VTC building. 3. Ms. Katz stated that the traditional cornice on the VTC identification sign did not relate to the modern design of all other proposed signs. 4. Ms. Penn asked the applicant if any consideration was given to modifying the large VTC identification sign. The applicant responded that a modification would require approval by the Virginia Tech Board of Visitors which would extend their schedule past opening date of the facility. 5. Mr. Chrisman expressed concern that allowing a deviation from the overall uniformity of the sign plan would set a precedent for future sign overlay requests. 6. Mr. Futrell asked if the twelve foot VTC identification sign and eight foot secondary entrance sign would impede traffic entering and exiting the site from Jefferson Street. Staff responded that the signs would have to be placed outside of the site distance triangle required by the City's Zoning Ordinance to maintain visibility. 7. The Planning Commission amended the motion, removing the 450 cut off requirement for all sign lighting imposed by the application. This language was deemed unnecessary as the illumination of signs is regulated by Section 36.2 -666 of the City's Zoning Ordinance. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: MARCH 24, 2010 J Request 13elect all that 53331): ❑ Rezoning, Not Otherwise Listed Submittal Number: AMENDED APPLICATION NO.2 ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑x Amendment of Comprehensive Sign Overlay District Address: 199 RIVERSIDE CIR SW; 1, 2, 3, 4, AND 5 RIVERSIDE CIR SW Official Tax No(s).: 110319002,1632001,1032201,1032212,1032214,1032215,1032216 1 0�2-2 /,j Existing Base Zoning: ❑ With Conditions If multiple zones, please manual) enter all districts. INPUD ( p Y ) FX Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 37334 - 032006 Requested Zoning; COMPREHENSIVE SIGN OVERLAI Proposed Land Use: NO CHANGE Name: CARILION CLINIC PHYSICIANS, LLC; CARILION SERVICES, INC. Phone Number: +1 (540) 224 -5065 Address: _213 S JEFFERSON ST., STE. 720, ROANOKE, VA 24011 Property Ohher's Signature: FAVO Iicant In ifrdi .e en from aw r. Name: BRIGGS W. ANDREWS, CORPORATE SECRETARY Address:_ 1213 S JEFFERSON ST., STE. 720, ROANOKE, VA 24011 E -Mail: RBMANETTA @CARILIONCLINIC.ORG Phone Number: +1 (540) 224 -5063 E -Mail: BWANDREWS @CARILIONCLINIC.O Applicant's Signature: ufiW57ri2ed A ent Informafiion iif a licable : Name: ROBERT B. MANETTA Phone Number: +1 (540) 224 -5065 Address: 1213 S JEFFERSON ST., STE. 720, ROANOKE, VA 24011 s Signature: E -Mail: RBMANETTA @CARILIONCLINIC.ORG Applicant's Written Narrative: The properties identified in the application are currently zoned INPUD, and are part of the Riverside Corporate Centre. The Applicants request that the properties be included in a new sign overlay district to be known as the Riverside Center Comprehensive Sign Overlay District EAST and that the District signage be regulated by the comprehensive signage plan submitted in conjunction with the Application. Pursuant to Ordinance 37334 - 032006 these parcels and the rest of the Riverside INPUD were placed under the Riverside Center Comprehensive Sign Overlay District in 2006. This new district is made necessary due to the unforeseen development by Virginia Polytechnic Institute and State University (Virginia Tech) and Carilion Clinic ( Carilion) of a medical school and research institute which will operate under the auspices of Virginia Tech. The major impetuous of this Application is to modify the current signage requirements to accommodate aspects of Virginia Tech's unique signage style. The requirements of the new District will also allow for refinement of Carilion's identification and directional signage. The Applicants believe that the creation of the proposed overlay district will provide the opportunity for additional innovative signage for the INPUD, allow a development identification sign more in keeping in size and mass and building materials within the INPUD, further the intent and purposes of the City's Zoning Ordinance, as amended, by increasing the likelihood that the redevelopment, of these properties will increase employment activities for its citizens, increase the city's tax base and make the District and those properties surrounding it, more desirable locations for new development. The Applicants also believe that the proposed District is consistent with the intent of the South Jefferson Redevelopment Area Campus and Institutional District Standards and the INPUD itself. One overall. goal of the Vision 2001 -2020 Comprehensive Plan was to make Roanoke an attractive place. Because the proposed District will assure the construction and installation of attractive, well designed signage within the Riverside Corporate Center, it is consistent with the stated goal of the Comprehensive Plan to "require a strong commitment to excellence in community design and appearance ". Further the Applicants believe that the proposed district meets several objectives of the South Jefferson Redevelopment Plan by strengthening economic and employment growth in the Redevelopment Area, by targeting growth of industries and businesses that can enhance tax revenues for the City of Roanoke and provide job opportunities to benefit the overall community and more particularly capitalize on the area's location relative to Jefferson Street, Franklin Road, and 1- 581, creating a more vital and attractive southern gateway into downtown Roanoke. r _ �w „y17ik S' or ” h r .p �y y. r ,r' . } � � r `^ > q 4 1 • � H11 �+� r ,/ f pry 4 t"v,�� 1d J k j�' �SY��f •. P' x' r{ � �' '��� r :Kt .k-r, ,•/' t � r� � 't�j'1 i J ,� I�� `t'' i 1 , � r �,'1'.• •1 ��'(,� t'..Jf���'�, ^ I^ �. I ` Jrfi` � t`}y1jy� 1 1. � it , ' ` t _r,.w''" "�- I j ++r U ri{ II•-�}r � f �'ri f� >!' t . tl' i' ` � I �_ ,`�' ...,' " . , � �✓ r ". )..fir' `9. '� j{ Z ;�, r rr -1 App1799ut' t '1 F x+ fFiM.� iy' � '8 5t Ifi'• 81 F N�,� ,. ' �t~ r 't { r Jai «' � r •��8k �+, �: + ,.yF�r_f- •�" -Z~-tz ^..k a r d r � r � � �' N��� 1�JI r >v j �� k � e1• 7 !B ! S .. . "� __�. - -I'• - 1�, a :' � �.-+ t+� y r�! ��f.�t, �` .1j y'' }i n •'`�' ' , t' � :'� �� r-� 5 # Yt ,. e , ak ., y 1 � 1 M+ 4,� ( M +� I�u�'1, ! lrn,l�t '� , �. J1f �'�� �5.d �. � , : � I j't , '� rr t1`i J t t� a�' -'tk (t .• .'...-t•rfy�!j u1 i , 1 a n Low! 4 "ENT � i�xP,.a •� j'^^" l''+ i ' i J ,: t , it it t Prr } t4�.� A t...^ 1 I k rt � � r' t � � • #zpa ��, 1 c'} a 1'7 1 r' I '� t � �i t ��,=t;� ti !1 � �'n -�.Y, I r�3 •, `I �n 1, ' rr. ,ry jil E b�u+,{�� 1 I `„ �, t IIi Ix 1 t r i °'4'• 4 ' ., L,p ( 11, t "m G M {{ 1 s hl �- � � �c-�}'A'PL u Fx S I� ri -•t• q, t 1N L '„ I I �? -t' 'I ,�` y `, � 'r �,�'�I� � �'' 'y J , j' �� r }r t ,,,, .f'�tf"�,:cu, LLu. 4 r 41 ��'r'L^i' h l 4 1� i' !�, f �' �� r 7 ' w? "_,�,��'1< �kl' ! P I L i I•' 1 I i� to I�� '� � r &l'. ,r t rand, t ;, �� � KI. S r r�.i Tc. � � rl y ; .4 I _ J 1 r•f 'G ,. iw- j�W I ' i ' !' of a� I {, r 4 it 11�� �Is n U1U j .i' .t A r IY'N .� '�1 - 'Y;?>•ti!�........1�.. ' `'.t I.P ' �: f �r�11 .ilf- "'_".""'7 'lj I:tllill' .ir:. K r 1 k ^F t y a t`Y � . �t$ r � '� a '^ -Gy � } a9 ,.V ° R pry c '�`' � � � x'*.• - � . ,.,.N, , 4th � �. �� r•r it A f y� °a � i � ' ^\ � � i 5 J �� r xr I +� ! tE•� f �_ tt§ •' },�` �t ^s Zy r�. � i. r� sa -:^tr s � , . . �.� Fh to .�' t l �{i,'t'� �t� •. M� _ Y �7 4 � u t � .. ,. >n r } ©© n' � I.� — fit. • t• �f I _ � it e't� • t y,.I[Y � h' �`)' { }I jy }i . P 1 1 M All .:# "��t_? .i• Rat ., i .,�' :� W �' — r W w Us ^✓ J ICRik; v _ 3 O a i _ 2z _ O ! 4- N 0 0 0 0 0 O LO �� O�ON� Q_ M r d p N Q C R •� N (6 d L O U _ m X U O Q N C O N U U N cn N L X O N C _C N - � VI L N CL L L (6 02 O C O U N L N O7 > ,M- .0 O U N N N "C U N O C .M N N CL U -0 N O-0 C N C 0) cl) U � Lm 'u� O ttf U � � ■ _ O ! 4- N 0 0 0 0 0 O LO �� O�ON� Q_ M r d p N _ O V m 7 O � w _ M, 7 m M _ e� _ 'o _ d U. L _ ea M d N O a 0 a LO O O N LO O O O C fl W M N N N W M M O — .— vr —M lf) O O N LO O O O N W M N N N N M� C (D 2) f6 Y N (n N J fn c O N I I O Y O cwUn c ca Z' 'T'Lm a O ! w L r ea o Q_ O ~ U Q C R (6 d L O Q _ m LL O O N M M 'T M 72 �272 O'2 _C L L L C L E N ^ ��Q//i L.L N N LL Ix V V m 7 O � w _ M, 7 m M _ e� _ 'o _ d U. L _ ea M d N O a 0 a LO O O N LO O O O C fl W M N N N W M M O — .— vr —M lf) O O N LO O O O N W M N N N N M� C (D 2) f6 Y N (n N J fn c O N I I O Y O cwUn c ca Z' 'T'Lm a O ui uj Z ui C) ui a li LLJ 1 0 0 j If I L N (6 cu O E 0 N cu j i- U J to *' U O 4 C N E � O > O 0) f. N 4- O N L N > O N a- U O O Q'v� 0 0 0 0 j I 12'-0 MAX. q) WI, 7 air 1 12' =0'1 MAX i i ; LC-6 LU a) N V C ca N / .,... .... ...,. ,,,� Q r O W ui �l rd i' W I 1 , �l rd i' � <s M- P d) MEN U (V W i i I I T t— I 1 i i l 0 i f i , W I 1 7 j i O ^ U) c V�' cn 4 U tl O U c C: CU x 0 O Q' N W °' U CO co J N .X N ) O C cu C C •UI L N O O N Q � cu N CA fn V N Q E m O N O C 131 f[3 cl 13 � f I i 8 -O „MAX f l 0 i f i I i , W I 1 7 j i tl I i LL-f W I i ui f W 1f 7� j/ z `w` f U W W ui f W 1f 7� j/ z `w` f U W C M, 0 N rm C. Mill a MOD 1 i 7 pq� qq� LS Cp4p Lo 0 m CY i /a) O Cc cu °? m m c c N w N -' 0 c cu U c m to N 'tn 0 �+ m E 0 cv Q tm C.0 cm c 0 rn- a? N c cu -0 c CU cn :3 c 0 d"� L 0 2) t E E . fn L O CU 0 CL cn 0 Q 0 X OL ❑ ❑ ❑ ❑ ❑ jMAX 1 i 7 pq� qq� LS Cp4p � 1 CY i 0 N O Cc C C °? m m c w -' w Cf) W J i T 0 0 0 LED oo i `F(z� . _ 00 full -0 O N U U i( cu y O O L E_ �_ != t O co (� to C O ( t ,.r O m N �E cm EN LL c N = L N cn -0 p N D- �v O:� �E —_E 0 cn U X c X oz 0 O C O� �� CUB E� L� —rn i —i Z J E cn E (D '(n Q �n ❑ ❑ ❑ ❑ ❑ J j . 8' -0 MAX F I (D (� CO t r^ P, N P N I �y fi x � I _ ) 12'-0' AX " M 1 1 ^}� - ui LU rZ INS LU g Y, s 1 , CO uiL J O � (6 N C N O � U � I EME 21 cm I y ' � 10'- I I y I O �a C/) 10 0 "MAX i I Q N N cz a O Q U N E a) v LL E N O U m O N c m E O CJ -1-1 c O N O O U -a •� ate_' ry N t6 0 'a z3 E •� a) N > M N E E= N C U N O C Q O N N � , to to . L U O M E rn a' JC..) "E � 5L ❑ ❑ ❑ ❑ EME 21 cm I y ' � 10'- I I y I O �a C/) 10 0 "MAX i { y h1: , f= � 1 �I ! r y,, 1 r t jI 1 r 1 7 1J i' 6iJ r !� 1 1� ICJ LLI 1 I Q a" cz LL { y h1: , f= � 1 �I ! r y,, 1 r t jI 1 r 1 7 1J i' 6iJ r !� 1 1� ICJ LLI 1 �in. I U El ME M CH Ln h ol U) CY aj ui ui F- z ui U LU j vi LU > cc N w 4— m x 0 m 2 CD 0 N CU E L- :3 a) (n '!Q —cu 0 0 0 c co 0) U cm 0 Co ZD- CC -&- 40) E a) 0 cc E E E a) a) > E cb An CU E 0 0).0 V 0 CU -I.- (n Cc L- w ry 0 0 0 CU 0 C: > -0 a) -i C) (D cu < 0. a ❑ E3 01-nl'KAAV ❑ ❑ ❑ Ln h ol U) CY aj ui ui F- z ui U LU j vi LU > L- '02 CU 4'-0"jMAX a- cq Cf ch 4'-OlflMAX R0 11 LZI Ci) co 0 0 4 cm cu 2 , c E 0 (D " 'r- o' cu - cu :3 E Q- 0- &— (D -0 CU 0 C: co cu m X = —"— -1� 0 CU CO (D CU 0 co C CO E (D en U CL CL E a) 4-1 > CU can s -Cu a) CL a) E -a E a) _0 0 m 0 ca E o o 0 < a) z: . E CL —m 4— M a o " cn — w c cc D) o 0 0 0 L- '02 CU 4'-0"jMAX a- cq Cf ch 4'-OlflMAX 4 "7' mm R0 11 4 "7' mm � O � M C � B. N O U U a� Y O N O re L Q E O U 1 1i l i 1 Q W w W 7F- W V W 0 W i L J \� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGWIA, The 20th day of March, 2006. No. 37334- 032006. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to establish a comprehensive sign overlay district within the City of Roanoke to be known as the Riverside Center Comprehensive Sign Overlay District; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion Medical Center, CHS, Inc., and B & B Holdings LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to establish a comprehensive sign overlay district on the hereinafter described property within the City to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 20, 2006, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed establishment of the Riverside Center Comprehensive Sign Overlay District; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require that the hereinafter described property located-on or near the Reserve Avenue, S.W., area, being more specifically identified as Official Tax Nos. 1032203, 1032209, 1032208,1032207,1032106, 1032105,1032104, 1032103, 1032102 ,1032101,1032006,1032005, 1032002, 1032001, 1031902 and 1032201, containing 22.1530 acres, more or less, should be designated as a comprehensive sign overlay district to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD, as herein provided, and finds that such district meets the standards set forth in §36.2 -336, Code of the City of Roanoke (1979), as amended, and will serve the public purposes and objectives set forth in §36.2 -600 of the Code of the City of Roanoke (1979), as amended, at least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2. THEREFORE, BE. IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and-the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104, 1032103,.1032102, .1032101, 1032006, 1032005, 1032002, 1032001, 1031902 and 1032201, containing 22.1530 acres, more or less, be, and are hereby, designated as a comprehensive sign overlay district to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD, as set forth in the First Amended Petition filed in the Office of the City Clerk on February 8, 2006. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- ROBERT B. MANETTA, ATTORNEY 213 S JEFFERSON STREET, SUITE 7 ROANOKE VA 24011 CITY CLERK '1Q) WR '1G F105'��r� REFERENCE: 80133513 12056214 State of Virginia City of Roanoke NPH- Carilion Clinic I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Vir inia. Sworn and subscribed before me this _ ayh _day of APR 2010. Witness my hand and official seal. CX __ Notary Public PUBLISHED ON: 04/02 04/09 TOTAL COST: 418.08 d • �1111�1 ILM1 1° lYL4La1nSr %_ Z #709M0 tVli Vi/PVfW11�WTM�SYOV � 4 �s S Q� . < rA LTH > °Il/lllalto��� NOTICE QF PUBLIC I NEARING The Council of the City of! Roanoke will hold a public hearing on Monday, April` 19, 2010; at 7;00 p,rn or' as soon thereafter,as thej matter may be heard, in the Council Chamber, fourth' floor, in the Noel C. Taylor Municipal Building, 2151 Church Avenue, S.W.,' Roanoke, Virginia, toi consider the following: Request from Carillon Clinic Physicians, LLC, and Carillon Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S.W., bearing Official Tax Nos..1031902, 1032001, 11032201, .10322.12, !1032213, 1032214, 1032215, and 1032216, 'approved by Ordinance No. 37334-032006 and replace I t w i t h a n e w Comprehensive Sign; Overlay District for the parcels set out above, as Ise,t oat In the. Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010. ' A copy of the application jis available for review in the .Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia, All parties In Interest'and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for . this hearing, please contact the City Clerk's Office, at 853 -2541, before noon on the Thursday before the `date of the hearing listed' above. . GIVEN under my hand this, ,31st day of March, 2010. 1 Stephanie M. Moon, CMCI City Clerk., 1(12056214) FILED ON: 04/09/10 -------------------------------------------------- +------------------ - - - - -- Authorized Signature: -------- , Billing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Carillon Clinic Physicians, LLC, and Carillon Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2,'3, 4, 5, 6 and 8 Riverside Circle, S.W., bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215, and 1032216, approved by Ordinance No. 37334 - 032006 and replace it with a new Comprehensive Sign Overlay District for the parcels set out above, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 31stday of March , 2010. Carilion Clinic -amend Comp Sign Overlay Dst.doc Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, April 2, 2010 and Friday, April 9, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH- Carilion Clinic -Amend Comp Sign Overlay Dst.doc Send Bill to: Robert B. Manetta 213 South Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540) 224 -5065 rbmanetta @carilionclinic.org Robert B. Manetta 213 South Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S. W., and replace it with a new Comprehensive Sign Overlay District as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540 - 853 -2431. It will be necessary for you, or your representative, to be present at the April 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. ..,L Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC JONATHAN E. CRAFT City Clerk Deputy City Clerk April 6, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Robert B. Manetta 213 South Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S. W., and replace it with a new Comprehensive Sign Overlay District as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540 - 853 -2431. It will be necessary for you, or your representative, to be present at the April 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. ..,L Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE go "A OFFICE OF THE CITY CLERK " 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC JONATHAN E. CRAFT City Clerk Deputy City Clerk April 6, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Roanoke Land Development, LLC B & B Holdings, LLC Norfolk Southern Corporation Roanoke Redevelopment and Housing Authority Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on'Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter -may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request .of Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S. W., and replace it with a new Comprehensive Sign Overlay District as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March '15, 2010. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. incer ly, tephanie M. Moon, CMC City Clerk SMM:ctw REZONING REQUEST Sign Overlay Request from Carilion for parcels bearing Official ) Tax Nos. 1031902, 1032001, 1032201, 1032212 - 1032216, located ) AFFIDAVIT on Riverside Circle, S.W. ) COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 1st day of March, 2010, notices of a public hearing to be held on the 18th day of March, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner 1032203 Roanoke Land Development LLC 1032208 B & B Holdings, LLC 1032209 1040202 City of Roanoke Parks and Rec 4040106 Roanoke Redevelopment and Housing Authority 4040301 Applicant 4040101 Bill Title Norfolk Southern Corp 6w_�t� %lQ1LU�cc� Ma a Pace Franklin Mailinq Address 414 W Main Street Cambridge, WI 53523 1826 Mountain View Road Vinton, VA 24179 P O Box 6359 Roanoke, VA 24017 110 Franklin Road, SE Roanoke, VA 24011 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1 St day of March, 2010. !� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 - Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk April 20 2010 CECELIA T. WEBB p > Assistant Deputy City Clerk Krista H. Vannoy, Agent I. B. Property Holdings, LLC 400 Professional Arts Building 30 Franklin Road, S. W. Roanoke, Virginia 24011 Dear Ms. Vannoy: I am enclosing copy of Ordinance No. 38779 - 041910 repealing Ordinance No. 30039 -52190 adopted by the Council of the City of Roanoke on May 21, 1990, placing certain conditions on properties located on Ridgefield Street, N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and by placing new proffers on the subject properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 2010, and is in full force and effect upon its passage Sincerely, �o l 1 Stephanie M. Moon, CMC City Clerk PC: Ronald and Judy Flint, P. O. Box 8962, Roanoke, Virginia 24014 Krista Hodgkin, P. O. Box 2705, Roanoke, Virginia 24001 John and Emma Lobdell, 1550 Scout Road, Blue Ridge, Virginia 24064 Helen Sink, Life Estate, 2225 Ridgefield Street, N. E., Roanoke, Virginia 24012 Carl Booth, 2313 Ridgefield Street, N. E., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38779 -041910. AN ORDINANCE. to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as .amended, by repealing Ordinance No. 30039 - 52190, adopted May 21, 1990, to the extent that it placed certain conditions on properties located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and by placing new proffers on the subject properties; and dispensing with the second reading by title of this ordinance. WHEREAS, Homer Yandle has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal Ordinance No. 30039 - 52190, adopted May 21, 1990, to the extent that it placed certain conditions on properties located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and replacing them with new proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 19, 2010, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Plamiing Commission, the City's Comprehensive Plan, and the matters presented at the public hearing; finds that the public necessity, convenience, general welfare and good zoning practice, requires the repealing of Ordinance No. 30039 - 52190, adopted May 21, 1990, to the extent it placed certain conditions on properties 0 -Homer Yandle - repeal & replace existing proffers.doc 1 located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and replacing them with new proffers; and is of the opinion that the conditions now binding upon the subject properties, should be repealed and replaced as requested, and that such properties be zoned I -1, Light Industrial District, with proffers as set forth in the Zoning Amended Application No. 1 dated February 22, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. 1 Ordinance No. 30039- 52190, adopted May 21, 1990, to the extent it placed certain conditions on properties located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That proffers set forth in the Zoning Amended Application No. 1 dated February 22, 2010, are accepted and placed on properties located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and that such properties be zoned I -1, Light Industrial District, with conditions proffered by the applicant, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: At�Jt s,,� 1 ) • (7 lM! City Clerk 0-Homer Yandle- repeal & replace existing proffers.doc 2 Architectural Review Board Board of Zoning Appeals Planning Commission 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 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: April 19, 2010 Subject: Request from Homer Yandle to repeal the conditions set forth in Ordinance No. 30039 -52190 as they pertain to three parcels on Ridgefield Street, N.E., zoned 1 -1, Light Industrial, bearing Official Tax Nos. 3121408, 3121409, and 3121414 subject to certain new conditions proffered by the applicant. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, March 18 2010. By a vote of 7 -0, the Commission recommended approval, finding the application to amend proffered conditions on the subject properties consistent with Vision 2001- 2020, the Hollins/Wildwood Area Plan, and the City's Zoning Ordinance. Allowing a limited expansion of permitted uses will increase the viability of the properties while still respecting their location within a residential neighborhood. Respectfully submitted, Angela Penn, Chairman City Planning Commission cc: Chris Morrill, City Manager William Hackworth, City Attorney Brian Townsend, Assistant City Manager Applicant Members of City Council Page 2 April 19, 2010 Application Information Request: Amendment of Proffered Conditions (30039- 52190) Owner.- I.B. Property Holdings, LLC Applicant: Homer Yandle Authorized Agent: Krista H. Vanno (Waldvo el Commercial City Staff Person: Maribeth B. Mills, City Planner II Site Address /Location: 2314 Ridgefield Street, NE Official Tax Nos.: 3121414, 3121409, 3121408 Site Area: 1.28 acres Existing Zoning: 1 -1, Light Industrial District Proposed Zoning: 1 -1, Light Industrial District Existing Land Use: Vacant (Previously Contractor or Tradesman Shop, General or Special Trade) Proposed Land Use: Contractor or Tradesman Shop, General or Special Trade Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: Light Industrial Filing Date: Original Application: February 3, 2010; Amended Application No. 1: February, 22, 2010 Background In 1990, City Council rezoned the subject properties along with Official Tax No., 3121410 from Residential Multifamily Low Density District to Heavy Manufacturing, with conditions, to permit the expansion of an existing painting and remodeling business. The property was given an 1 -1 zoning designation during the comprehensive rezoning in 2005 and was last used as a contractor's shop in 2008. While the proposed use for the property does not require a rezoning, the applicant plans to lease any unoccupied space to a tenant. An additional 15 permitted uses are proposed to increase the marketability of the site. Changes to the site include additional landscaping, resurfacing of parking areas, replacement fencing, and the addition of a dumpster. Official Tax No. 3121410 is not a part of this request. Conditions Proffered by the Applicant The applicant requests that the following proffers be repealed as they pertain to Official Tax Nos. 3121414, 3121409, and 3121408: 1. The property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, P.C., a copy of which is attached to the petition for rezoning as Exhibit "B ", subject to any changes required by the City during site plan review and or changes required to ensure safety and a good engineering practice. Members of City Council Page 3 April 19, 2010 2. That if no building permit has been issued and no construction commenced within 1 year from the date -of final zoning approval, the zoning shall revert to RM -1; Residential Multifamily, Low Density, District without further action by City Council. 3. That the proposed building color shall be visually harmonious in color with the environment and shall be subject to the approval of the Agent to the Planning Commission. 4. The rezoned property shall be used only for a paint and remodeling business which will be conducted solely within the existing and proposed buildings. No outside storage shall be permitted outside the buildings on the premises. 5. The landscape buffer yards shall be installed within one year after the effective date of the rezoning approval or within one year of construction commencement which is proffered to start one year after the effective date of rezoning approval. The applicant requests that the following proffers be adopted as they pertain to Official Tax Nos. 3121414, 3121409, and 3121408: 1. The following shall be the only permitted uses. a. Business service establishment b. Laboratory, dental, medical, or optical c. Office, general or professional d. Caterer, commercial e. Studio, multimedia production facility f. Contractor or tradesman's shop, General or special trade g. General service establishment h. Janitorial services establishment i. Nursery or greenhouse, commercial j. Bakery, confectionary, or similar food production, Wholesale k. Commercial printing establishment I. Electrical component assembly, wholesale distribution m. Warehouse n. Educational facility, Business school or nonindustrial trade o. Broadcasting studio or station p. Wireless telecommunication facility, stealth 2. Outdoor storage shall be prohibited 3. A total of 40 evergreen trees spaced approximately 8 feet apart and selected from Table 642 -1 of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy and maintained in accordance with Sections 36.2- 642(e) and (f) of the City's Zoning Ordinance along the southern and eastern property line of Official Tax No. Members of City Council Page 4 April 19, 2010 3121408 and the eastern property line of Official Tax No 3121409. Existing vegetation meeting these requirements may count towards the total number of trees. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: As a result of the Zoning Ordinance update and comprehensive rezoning in 2005, any redevelopment of the subject properties would be governed by current regulations that provide more protection to adjoining neighbors than the existing 1990 proffered conditions. Current development standards provide protection for the surrounding neighborhood by limiting height, shielding lighting, providing for landscaped buffer yards, and limiting the size of signs. Moreover, the prohibition on outdoor storage is being retained. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Hollins/Wildwood Area Plan encourage the efficient use and redevelopment of existing industrial property while minimizing impact on adjoining residential development. The subject properties are identified as light industrial on the future land use map. The properties are also located within Enterprise Zone 2. Both designations encourage the continued use of these properties for industrial purposes. Vision 2001 -2020 contains a policy relevant to this application: • ED P5. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. The Hollins/Wildwood Area Plan contains three policies relevant to this application: • Community Design Zoning District Land Use North 1 -1, Light Industrial with Conditions Single- family dwellings. (rezoned in 1990 with subject parcels) and RM -1, Residential Mixed Density District South RM -1, Residential Mixed Density Single- family dwellings. District East RM -1, Residential Mixed Density Single- family dwellings. District West 1 -1, Light Industrial District Railroad tracks and gun firing range. Compliance with the Zoning Ordinance: As a result of the Zoning Ordinance update and comprehensive rezoning in 2005, any redevelopment of the subject properties would be governed by current regulations that provide more protection to adjoining neighbors than the existing 1990 proffered conditions. Current development standards provide protection for the surrounding neighborhood by limiting height, shielding lighting, providing for landscaped buffer yards, and limiting the size of signs. Moreover, the prohibition on outdoor storage is being retained. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Hollins/Wildwood Area Plan encourage the efficient use and redevelopment of existing industrial property while minimizing impact on adjoining residential development. The subject properties are identified as light industrial on the future land use map. The properties are also located within Enterprise Zone 2. Both designations encourage the continued use of these properties for industrial purposes. Vision 2001 -2020 contains a policy relevant to this application: • ED P5. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. The Hollins/Wildwood Area Plan contains three policies relevant to this application: • Community Design Members of City Council Page 5 April 19, 2010 o Zoning: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. • Economic Development o Industrial Districts: Industrial uses should have sufficient land to operate, and have a minimal impact on adjoining properties. (Note Economic Development Actions: Evaluate underused industrially zoned land and demarcate or rezone to maximize its potential.) • Quality of Life o Commercial /Industrial Development: Commercial and industrial development should be economically viable without threatening the environment and high quality of life of the area. City Department Comments: The City Traffic Engineer, Hong Liu, questioned the type of trucks that would be accessing the site and asked that any use with a retail component be removed from the list of permitted uses. The applicant responded that their fleet consists of four light to medium duty trucks and removed 'bakery, confectionary, or similar food production, retail' from the list of permitted uses. Public Comments: None. Planning Commission Public Hearing_ The following comments and questions were posed by the Planning Commission at their March 18, 2010 public hearing. 1. Mr. Scholz asked if the entire property would be used for his plumbing business. The applicant responded that he would like to lease out the one - story cinder block building but did not have a specific tenant identified. 2. Mr. Chrisman asked what the code requirement was for outdoor storage. Staff responded that other commercial motor vehicles, all materials and supplies must be stored within a wholly enclosed building. 3. Mr. Williams asked how the previous use of the property would be classified in the City's current Zoning Ordinance and if this amendment of would prohibit the use of the site by a painting contractor. Staff responded that it would be classified as a 'contractor or tradesman shop, general or special trade' and that a painting contractor falls under this classification. Staff noted that painting contractors typically conduct their work at the job site. The following comments and questions were posed by the public at the Planning Commission's March 18, 2010 public hearing. Members of City Council Page 6 April 19, 2010 Mrs. Helen Sink (2225 Ridgefield Street) along with her daughter, Ms. Donna Hopkins, asked what the plans were for the site, expressing concern over trash, noise, and large trucks. The applicant responded that he operated a small plumbing business with three employees which arrived at the site at 7:00 a.m.; collected their equipment, went to the job site, and returned around 5:00 p.m. to retrieve their personal vehicles. The applicant went on to state that his largest equipment included a medium duty dump truck and a backhoe. He also stated that his first action will be to remove trash and debris from the property. ucpdnnian ui ridnnuiy, owwoiy dnu uCVCwpniern Room 166, Noel C. Taylor Municipal Building FEB 2 4 2010 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: 540 853 -1730 Fax: 540 853 -1230 CITY` ROANOKE ( ) ( ) PLANNING BUILDING AND DEVELOPMENT Date: February 22, 2010 Request (fse.l.ect all that applvjj_ ❑ Rezoning, Not Otherwise Listed Submittal Number: Amended Application No.1 ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 2314 Ridgefield Street, NE, Roanoke VA Official Tax No(s).: 3121414; 3121409; 3121408 ROANOKE ;Click Hereto Print ❑x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing Base Zoning: I I -1, Light Industrial LxJ vvltn uonoltlons (If multiple zones, please manually enter all districts.) ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 30039 -52190 Requested Zoning: 1 -1, Light Industrial Proposed Land Use: Contractor or tradesman's shop, General or Specific Name: I.B. Property Holdings L.L.C. Phone Number: 3056316245 Address: 4425 Ponce De Leon Blvd, 5th Floor, Coral Gables FL 33146 E -Mail: f davidgabela @bayviewloanservicin® Property Owner's Signature: Appli cant Information (if different from owner Name: Homer Yandle Phone Number: 5404732392 Address: 750 Idle Acres Road, Fincastle, VA 24090 E -Mail: HomerYandlec@aol.com f Applicant's Signature: Au;tholrized A ent Information if a livable Name: Krista H. Vannoy Phone Number: 5403420881 Address: 1400 Professional Arts Bldg, 30 Franklin Rd SW, Roanoke VA 24011 E -Mail: kvannoy @waldvogelcommercial.c� Authorized Agent's Signature: NARRATIVE The property, which is comprised of tax parcels numbers 3121414, 3121409, and 3121408, was rezoned in 1990 from RM -1 (Residential Multi- family low density) to HM (Heavy Manufacturing) subject to certain proffered conditions. One of the conditions was that the property be used only for a paint and remodeling business. This condition is overly restrictive and has contributed to the property remaining vacant for more than one year. The Petitioner requests that certain of the proffered conditions be repealed and other conditions adopted in order to allow use of the property for his business. Proposed Changes to the Site • The existing 6' fencing shall be removed from the property • 4' chain link fence shall be installed along the Southern, Eastern, and Western boundaries with a secure, electronic gate at the entrance • Evergreen trees will be planted along the southern and eastern boundaries in accordance with proffers submitted with this application • Western border shall be cleaned and leveled Expansion of Permitted Uses The Petitioner plans to use the property for the operation of his plumbing business, Economy Plumbing & Municipal Maintenance Inc., which currently employs three (3) full time and one (1) part time staff. The workday is generally from 7 a.m. to 5 p.m. Monday through Friday, with the work performed off -site. The property will be used primarily to house the company's equipment. All of the equipment is classified in the mini and compact range; the largest is a regular -sized backhoe. The rolling stock consists of four trucks, all light to medium duty. The Petitioner will utilize the existing gravel bin located on the property, which will be filled /replenished two to three times annually. No materials would be stored on site; materials are picked up directly at supply houses and transported to job sites. A dumpster would be placed on site to dispose of scrap materials and office waste. The area surrounding the metal building will be used to park equipment (trucks, trailers, and mini excavators). The Petitioner plans to utilize the described area for Economy Plumbing and lease surplus office and store room space in the block building in accordance with the amended zoning. Impact on Surrounding Neighborhood It is anticipated that the impact on the surrounding neighborhood will be minimal and will result from modestly increased traffic. All precautions will be made to ensure a low volume of traffic and to minimize any impact to the neighboring properties. A positive impact on the surrounding neighborhood will result from the improvements to the property (as described in this narrative) and from having an operating business on the site. Proffered Conditions to be Repealed The applicant hereby requests that the following conditions enacted by Ordinance No. 30039 -52190 be REPEALED as they pertain to Official Tax Nos. 3121408, 3121409, and 3121414: 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, P.C., a copy of which is attached to the petition for rezoning as Exhibit `B ", subject to any changes required by the City during site plan review and or changes required to ensure safety and a good engineering practice. 2. That if no building permit has been issued and no construction commenced within 1 year from the date of final zoning approval, the zoning shall revert to RM -1; Residential Multifamily, Low Density, District without further action by City Council. 3. That the proposed building color shall be visually harmonious in color with the environment and shall be subject to the approval of the Agent to the Planning Commission. 4. The rezoned property shall be used only for a paint and remodeling business which will be conducted solely within the existing and proposed buildings. No outside storage shall be permitted outside the buildings on the premises. 5. The landscape buffer yards shall be installed within one year after the effective date of the rezoning approval or within one year of construction commencement which is proffered to start one year after the effective date of rezoning approval. Proffered Conditions to be Adopted The applicant hereby requests that the following conditions be ADOPTED as they pertain to Official Tax Nos. 3121408, 3121409, and 3121414: 1. The following shall be the only permitted uses. a. Business service establishment b. Laboratory, dental, medical, or optical c. Office, general or professional d. Caterer, commercial e. Studio, multimedia production facility f. Contractor or tradesman's shop, General or special trade g. General service establishment h. Janitorial services establishment i. Nursery or greenhouse, commercial j. Bakery, confectionary, or similar food production, Wholesale k. Commercial printing establishment 1. Electrical component assembly, wholesale distribution m. Warehouse n. Educational facility, Business school or nonindustrial trade o. Broadcasting studio or station p. Wireless telecommunication facility, stealth 2. Outdoor storage shall be prohibited. 3. A total of 40 evergreen trees spaced approximately 8 feet apart and selected from Table 642 -1 of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy and maintained in accordance with Sections 36.2 - 642(e) and (f) of the City's Zoning Ordinance along the southern and eastern property line of Official Tax No. 3121408 and the eastern property line of Official Tax No 3121409. Existing vegetation meeting these requirements may count towards the total number of trees. GENERAL NOTES.• 1. OWNER OF RECORD: BAYVIEW LOAN SERVING LLC 2. LEGAL REFERENCES.- INST. # 090006069 d I- 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND 0 IS SUBJECT THERETO. THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH Z o AFFECT THE PROPERTY NOT SHOWN HEREON. ¢ Q 4. THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF FLOOD ZONE "X" AS o -Y SHOWN ON THE FEMA F. I. R. M. #,51161 CO166 G WITH AN EFFECTIVE DATE OF w z SEPTEMBER 28, 2007 THIS DETERMINATION IS BASED ON SAID MAP AND HAS C6 o NOT BEEN VERIFIED BY ACTUAL FIELD ELEVA TIONS. LEGEND_ OHW OVERHEAD WIRE ccl. POWER POLE v W LL- ac Z 1 N 3 0 +n 0 0 z PART OF LOTS 16 & 17 SUNRISE HEIGHTS P.B. 1, PG. 104 ROANOKE COUNTY 112" PIN FOUND BEARS S51'37'27-E, 3.22' 1/2" PIN FOUND 112" PIN FOUND E N81 56'02 "E, 2.24' FROM CORNER PK NAIL FOUND N8837'30 -W j 29.16' }} PART OF LOTS 14 & 15 SUNRISE HEIGHTS 1, PG 104 ROANOKE COUNTY t, H op DI�� " ALAN CLEMONS Lic. No. 002823 ��t -7111A� 3121414 PHYSICAL IMPROVEMENT SURVEY FOR /.H. PROPERTYHOLD/NGS L.L.C. OF LOTS 15 -A & 15 -B AND PART OF LOT 16 PLAT OF SUNRISE HEIGHTS P.B. 1, PG. 104 (ROANOKE COUNTY) CITY OF ROANOKE, VIRGINIA P.% P 816 Boulevard Salem, Virginia 24153 SCALE: 1 Phone: 540-387-1153 DATE: 30 SEPT DESIGN GROUP, INC. www.parkerdg.com 09 -0170- ENGINEERS '" SURVEYORS ` PLANNERS - LANDSCAPE ARCHITECTS W.O.: zoo /ZOOIn TQio=aunuoa Tabonp -rej4 0608 ZV£ OVS XV.1 SO -.9T aam 0T0Z /£0 /Z0 .ti 1 -� a t ry r� "Y` �,ti 't d�` � . -r3, ) T � gwr�,r p. -:•. .;iu aaya ^�.q•r �. k� i sue✓' .. ..t � f E � .' � •G. a >�, , p- 3 a �; a�tk ,.,,,i�' `� `� yW � x3,-•} 4�,ty � � . aY -+�� ? � d�;�'(�La{ ," ;a Y I � su ii } � � �'. i 1 P � � fir_ � � ap, •�. s - �� .y h•:+• f t 8-�' v. '#Ti. � F � i 1 `r-r t ::. rk e,. �. �� .. #L �:.. ` f � 'R't 1 _y^ r# •J' .� t �y` � IcKI S• i'+ � rl p ! � � � �� .. J �• �.. v !• ' f rp nr J -.t / -,� i � �'' #� t � ''� � t�-ti �+I � F' ��.dt %�('e�' � .r ._! -'+4� � rv! "��, 1 � ry',� "' +r �: � � r a ! # � ��F "' 1 1 � r�� ^I ``` s '`ta' , ' ,�.�[ r • T� v t �:._f.- p ,� �� �a� �, �. i t^ jr F� t t {y �Fpf sa •� 7 �.^,�#u'b1 �' , k ^� r ,$ f i n: ~ 47} ' > ^� � e-•� za•^ ..,: _ � r r7. " k�f 4 1 � � ',- ���,� r� Lai AY Aj f~ Pf '•' Y ,j;,. i.,, *rkf u ;, .,., �C•,l. i /'�' ��X,/{�1•j t '' 1•7 � i l {{ T 1�,,. i �, f�fs 2 �' �� ; � � v �• � � :f =r ��,{ « r� .,1�`j�'g• '' m ,yet, } t �, � � - � r f � C { I` y _ b: � C .7w • 1 1.5� Al � � � .b� r1, .e� `�` x���� �;> ;J.,�t ''vCn�'4��'r "r.-HJ• A^ �� 2 tie. ? ,��`' ea � ;'�� _° � �="4 H+ '�}' , ''''' '��� �'��" t, ,. ` i :;i C�� r t FtC -� ��c�:• - t�� fv In 9 fy, i t( '3-r Alf •ir 1'; rf I� I �uL,•s ri .. Z-� � � ya. � I k.,� ! � � ''' t �. 7 f' .f' < �• the. i .. y ' � y, .r. ;t. , I � t �'' wr �. t• � J f ro L ! �' r «�ti � �, � i .µ �. 5� ' f c ^ � r5 t r �� OR. J�, i'• .. i c,•,r.. ^' k�� ' � f 1 .: U.1 � ` # "� � w� fif a � ,� � _. � � If;. f � �, r r ��� e + •a.3#"; t t�. � g ��_ + "..} .75k� t. 3� t `�, E ,�; r � �, � t °� �g�..u�. 7. � C s :4 7({4,�, �, :� r a °kr �'.5. ryuhn Xt �[, ` �y xt � 1 �S�k 7•'Zi F':. -.:: a. �,�.I a uL�� � f % '�: .'} � � �•' p ',.J S *#� .�, '�{ t �'+ ac, fi. �� ^H— .se•,. � Rae*. -•a --- `5r+��G��* �' ""' �'4'u�'" p [/.1 t__. ' � � �-� �s �� � ,j•t i, r� y � fi "T .;fit # ,�• r�,•f l, b j 4 k..,jV •C'� 6'i ..• � " � -a's`t '• c � t �,. ° i �i`' � '�. � �- ;. cap yt kx ..V } k su ,fit 7 ,,,_,r7 ; •�1 ����t '� ��7y1,��. 'K�� yG r r,. � - } f 1 r _ 1 j�,' X' - i - .+k I 1 +,� .t y` I 1 f -.� i n• iI y t ! tk.�(P I y :} fi'%: •'Ca,v Y• i � _� ,`^ r., ifi Vii'+ ( c r- +x , t�� r f � r .t'rl r •' a ,(..• i �V' • � � tik � �a'�� x 1 : ` � �+ � h� y �'' '. ��lki � l �. � ° i � F 's' q ,,' � .� r � f'. F '� '' ✓a LY 1 t � %'�1 r - n ,., � I 'rF' � s`� r i� , ,( 7 J" `t' Ji ''� -It i ;R•i. Y� 1�� r. �- { 2�7, �z tip` p i .� � {,r-t � �f� V ' .i { � d�,i. �� ,4 !1 .•'u� 'I ,+.` �.i�' �1 y.,,w {.f' i 1 � r V- •,.� •7 �'*'� t rr x r � � i t. �.. - � 1 bf¢ ', �a rt ;�'S. �r 7 � ��?tp.ryk'# � i. "�Cir{,�'� + • r 1 �"Y � � '�,4- a .w,� z, ti 4.'i'�... a �..K ,� f� �.,�Yc k. � Y f+5 �• �yl rte. .-.. .. .. ., .Cd�.N.� �.:- .,. �' st;'. � ... �. _. rrt.ti ,� 't }.„r. ,, ,Ati.. •.' �.'�' Goo8le maps Address 2314 Ridgefield St NE Get Google Maps on your phone Roanoke, VA 24012 Text the word 'GMAPS"to 466453 1 K hN A W6rtZ'H N !O; 4:z'� t 15 -NE i Red"*pmepf Ru6lfloke ii 0 rn to PSS Rene ISO, -to fiv K hN A W6rtZ'H N LLI! 4:z'� -NE i Red"*pmepf Ru6lfloke ii ISO, /* A A: M. 10% Rd ' z MI VVKSA a5ki e 6 Ktabtg oogle Map da" P200S)G http.*Ilmaps.google.comlinaps?f=q&source=s_q&hl=en&geocode=&q=2314+Ridgefield+Street,+... 21312010 N N _ T O W �- U d ca N E E L z W 0 V) _ o co O comm�J� N O � qe Q cc U U 2 Y0 > p N N Qi > > W cQ Z tNn m m 0a m t w a >, W ccu o o >, Q' d' N R E i E E Ln N 0 o V (D O co c') Q a0C-X X a. NNNNNN omm (j cow c 0 E O T Vi ol cE 0 N � _ J W �- U ca E E L z W 0 V) _ o co O comm�J� C C L L � O � U U 2 Y0 W Z m W W W W W W Q Z Z Z Z Z Z> L L L L L L > C C a 'a a_ a o _a _a R E i E E �t p. c0 M M to O M c') MMMNNN N a. NNNNNN X cccu H H a N � fl. Q O O a d 14, T-OO c -00000 7 N N N C N N N N N N (11 T T T M M m a Q T T T T T T M M m cM c) M Fax Serve2 5/12/2009 '4 : 35 : '42 PM 'PATE 2 / Olb 'Fax 'b8YVei IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30039 - 52190. VA- AN ORDINANCE to amend $36.1 --3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM--1, Residential Multi - family, Low Density District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Cade of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on May 14, 1990, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented Fuwtn O/ 1"L /ZU0b A : 35 :AZ "PM "PAGE 31O1O Fax Servei at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land consisting of four - parcels being a portion of original Lots 15, 16 and 17, as shown on the map of Sunrise Heights, and located on the west side of Ridgefield Street, N. E., designated on Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3121408, 3121409, 3121410 and 3121414. be, and is hereby rezoned from' RM -1, Residential Multi- family, Low Density District, to HM, Heavy Manufacturing District, subject to those conditions proffered by and set forth in the Third Amended Petition filed in the Office of the City Clerk on April 19, 1990, and that Sheet No. 312 of the Zone Map be changed in this respect. ATTEST: City Clerk. 3 /-yrn C //v r v IN THE COUNCIL OF THE CITY' R.Q640RE, VIRGINIA _ , . ...- IN RE: Rezoning of a tract of land consisting of 4 parcels being a portion of original Lots 15, 16 and 17 as shown on map of Sunrise Heights recorded in Plat Book 1, Page 104 and located on the west side of Ridgefield Street, N. E., in the City of Roanoke, and being that property shown on the official tax map as numbers 3121408, 3121409 and 3121410 and 3121414 from RM -1; Residential Multifamily, Low Density District to HM; Heavy Manufacturing District, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, George H. Williams, Sr., owns land in the City of Roanoke containing 1.904 acres, more or less, located on the west side of Ridgefield Street, N. E., having Roanoke City tax map nos. of 3121408, 3121409, 3121410, and 3121414. The said land is currently zoned RM -1; Residential Multifamily Low Density District. A map of the property to be rezoned is attached as Exhibit "A ". Pursuant to Article VII of Chapter 36.1 -690, Code of the City of Roanoke (1979) as amended, the Petitioner requests that the said property be rezoned from RM -1; Low Density Multifamily, District to HM; Heavy Manufacturing District, for the purpose of adding an additional building onto an existing paint and remodeling business. -1- The i --titioner believes the rezoi zg for said tracts of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan in that it will bring the said land into conformity with the majority of the surrounding land (HM; Heavy Manufacturing). In addition the proposed use has been an actual operating use since the said land has been zoned RM -1. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, P. C., a copy of which is attached to the petition for rezoning as Exhibit "B ", subject to any changes required by the City during site plan review and or changes required to ensure safety and a good engineering practice. 2. That if no building permit has been issued and no construction commenced within 1 year from the date of f inal zoning approval, the zoning shall revert to RM -1; Residential Multifamily, Low Density, District without further action by City Council. 3. That the proposed building color shall be visually harmonious in color with the environment and shall be subject to the approval of the Agent, to the Planning Commission. -2- 4. The rezoned property shall a used only for a paint and remodeling business which will be conducted soley within the existing and proposed buildings. No outside storage shall be permitted outside the buildings, on the premises. 5. The landscape buffer yards shall be installed within one year after the effective date of the rezoning approval or within one year of construction commencement which is proffered to start one year after the effective date of rezoning approval. Attached as Exhibit "C" are names, addresses and tax numbers of the owner or owners of lots or property immediately adjacent to or across a street or road from the said property to be rezoned. WHEREFORE, the Petitioner requests that in the above described tracts to be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 12th day of February, 1990. WILLIAMS PAINT AND REMODELING By: �rsd Owner 2314 Ridgefield St. N. E. Roanoke, Virginia 24012 -3- Respectfully submitted, By: Of Lumsden Associates, P.C. P. O. Box 20669 Roanoke, Virginia 24018 (703) 774 -4411 J, MAW al 71 o'cloo. .0 I it to .• Iitlilo t1 0,0 .1 )1r12n s. vc 1.12 10.1 NtlO )ON tp___ aliot -- --- I fi art. J-110op"I MILL AfASO,V- Pate" -f—p ca4i I — Awls ZONING MAP CITY OF RQAIqOKE ' VA 312'.' -.- F 4 J. 1 . It )FFICE OF THE CITY ENGINEER DELINEATES PROPERTY TO BE REZONED FROM RM-1; RESIDENTIAL MULTIFAMILY LOW DENSITY TO HM:.-, HEAVY .MANUFACTURING - EXHI*SIT "A" FEBRUARY. 12,-1990 LUMSDEN ASSOCIATES, P. C. ENGINES MP ROAMOKII. VUMWIA #90 -25 d a w O � O i �1 —i �y J Z v Z Z.- O N LLI y a J J llw� d � J� N �1 r_ �1 E+ H R1 H x x W tIyj ` a aros +.11 + +en Q i i :11rIr �� R t yr JlI •It!rl wrltMwwlM Q V 0 7/% /1n0 '1C4WIM - E+ H R1 H x x W dtd �e 1iHill I 1 I \ I 9 \ i a � = 1 o U �N�•a°d W bau: x ^O U o <a�°wo- _ m 2 O S 3'15- E t I I I I , I w z _ !I fi -%- 1 X0.50' i� �° fill -z eo � - 0► al WI v+ Ul Q .. '�•liV1� I— rGr-r -+ —I —� �' I I I I I I I I I 29.1 z ,v..•x.n �� r M � ' 1 .� / / • .+t/ Doti � � ice• •� � / ti � N Y � � � '� 35'53'08" ;� L.. ^, a,.,, "lii,.•.�.'��. / 0 a b 2 � n [ P 51 E o U �N�•a°d W bau: x ^O U o <a�°wo- _ m 2 O S 3'15- E t I I I I , I w z _ !I fi -%- 1 X0.50' i� �° fill -z eo � - 0► al WI v+ Ul Q .. '�•liV1� I— rGr-r -+ —I —� �' I I I I I I I I I 29.1 z ,v..•x.n �� r M � ' 1 .� / / • .+t/ Doti � � ice• •� � / ti � N Y � � � '� 35'53'08" ;� L.. ^, a,.,, "lii,.•.�.'��. / 0 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ,4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + NOTICE EARINGBLIC - --------- I KR I STA H. VANNOY The Council of the City of 30 FRANKLIN ROAD, S . , ,. Roanoke will hold a public ,PI CLER IO APR 12 PM05:36 I , hearing on Monday; April 400 PROFESSIONAL ARTS BU 1 119, 2010, at7:00p.m.,m as soon Thereafter as the ROANO KE VA 24011 I matter may be heard, in the Council Chamber, fourth _ floor, in the Noel C. Taylor Municipal Bullding, 2151 I this hearing, please contact Church Avenue, S.W., I the Clty Clerk's Office, at Roanoke, Vlrginia, .to. 853 -2541, before noon on REFERENCE: 80173074 consider the following: i the Thursday before the 12056232 NPH -Homer Yandle I Reg6est from Homer date ofthehearinglisted Yandle to repeal the above. conditions set forth in GIVEN under my hand this O r d i n a n c e N o. 31st day of March; 2010. State of Virginia I 30039- 052190 as they Stephanie M. Moon; CMC pertain to three parcels on City Clerkl City of Roanoke I I Ridgefield Street, N.E., zoned I -1, Light Industrial, (12056232) bearing Official Tax Nos. I (the undersigned) an authorized representative (3121408, 9,and 31'21.414 annd d a adodopt the o,f the Times -World Corporation, which corporation following conditions for the P p I three parcels: (1) the is publisher of the Roanoke Times, a daily Ilfollowingshallbetheonly IM uses: business newspaper published in Roanoke, in the State of service establishment; 'dental, medical or optical Virginia, do certify that the annexed notice was I laboratory; general or prossional offices; published in said newspapers on the following I commal cacerer, production dates: facilty studio; general or special 'trade contractor or, tradesman's shop; general service establishment; Janitorial services establishment; commercial nursery or greenhouse; wholesale bakery, City /County of Roanoke, Commonwealth State of I fonodtiprod chin; Commonwealth/ State printing Vir inia. Sworn and subscribed before me this I establishment; wholesale day of APR 2010. Witness my hand and I distribution electrical component assembly; warehouse; business school official seal . or nonindustrial trade educational facility; —� — — broadcasting studio or Notary Public I! station; or stealth wireless telecommunication facility; I' (2)o U tdoor storage shall `,��tlflllrjrF•. be prohibited; and (3) ('Installation and ` A maintenance of 40 `ti �� y evergreen trees along ;� QQ�• .•' " "' •• �, I southern and eastern NOTARY 9 . property line of Official Tax _� PUBLIC • v I No. 3121408 and eastern property line of Official Tax PUBLISHED ON: 04/02 04/09 - INo.3121409. = REG. #7090930 : _ A copy of the application MY COMMISSION I is available for review in the = Office of the City Clerk, O I Room 456 Noel C. Taylor Municip , al Bullding; and 215 Church Avenue, S.W., Roanoke, Virginia. and All ''rALTH �F ��` I citi ensrtmay appeareon the r r r r 1 1 6 0 t t above date and be heard on TOTAL COST: 592 . 8 0 I the matter. If you are a person with a disability who FILED ON : 04/09/10 I needs accommodations for -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - +- ------- - - - --- - - - - - - - - - - Authorized Signature: Billing Services Representative l� NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Horner Yandle to repeal the conditions set forth in Ordinance No. 30039 -52190 as they pertain to three parcels on Ridgefield Street, N.E., zoned I -1, Light Industrial, bearing Official Tax Nos. 3121408, 3121409, and 3121414 and adopt the following conditions for the three parcels: (1) the following shall be the only permitted uses: business service establishment; dental, medical or optical laboratory; general or professional offices; commercial caterer; multimedia production facility studio; general or special trade contractor or tradesman's shop; general service establishment; janitorial services establishment; commercial nursery or greenhouse; wholesale bakery, confectionary, or similar food production; commercial printing establishment; wholesale distribution electrical component assembly; warehouse; business school or nonindustrial trade educational facility; broadcasting studio or station; or stealth wireless telecommunication facility; (2) outdoor storage shall be prohibited; and (3) installation and maintenance of 40 evergreen trees along southern and eastern property line of Official Tax No. 3121408 and eastern property line of Official Tax No. 3121409. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853- 2541, before noon on the Thursday before the date of the hearing listed above. Homer Yand le-repeal -rep lace proffers.doc GIVEN under my hand this 31stday of March , 2010. Stephanie M. Moon, CMC City Clerk. Homer Yandle- repeal -rep lace proffers.doc Notice to Publisher: Publish in the Roanoke Times once on Friday, April 2, 2010 and Friday, April 9, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH -Homer Yandle - Repeal - Replace Proffers.doc Send Bill to: Krista H. Vannoy 400 Professional Arts Building 30 Franklin Road, S. W. Roanoke, Virginia 24011 (540) 342 -0881 kvannoy@waldvogelcommercial.com go' CITY_OF ROANOKE J� ' OFFICE OF THE CITY CLERK �- ^_ 215 Church Avenue, S: W., Suite 456 �, .' ►t Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC JONATHAN E. CRAFT City Clerk Deputy City Clerk April 6, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Mr. and Mrs. Ronnie Flint Ms. Krista Hodgin Mr. and Ms. John Lobdell Ms. Helen Sink, Life Estate Mr. Carl Booth Mr. Rick Hendrick, Hollins Road North Civic League Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Homer Yandle to repeal the conditions pertaining to three parcels on Ridgefield Street, N. E., zoned 1 -1, Light Industrial and adopt certain proffered conditions for the three parcels. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, 1011.1 Stephanie M. Moon, CIVIC City Clerk SMM:ctw Assistant Deputy City Clerk Krista H. Vannoy 400 Professional Arts Building 30 Franklin Road, S. W. Roanoke, Virginia 24011 Dear Ms. Vannoy: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Homer Yandle to repeal the conditions pertaining to three parcels on Ridgefield Street, N. E., zoned 1 -1, Light Industrial and adopt certain proffered conditions for the three parcels. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540 - 853 -2431. It will be necessary for you, or your representative, to be present at the April 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, At�, j M • I uv,_j Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 - Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC JONATHAN E. CRAFT City Clerk Deputy City Clerk April 6, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Krista H. Vannoy 400 Professional Arts Building 30 Franklin Road, S. W. Roanoke, Virginia 24011 Dear Ms. Vannoy: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Homer Yandle to repeal the conditions pertaining to three parcels on Ridgefield Street, N. E., zoned 1 -1, Light Industrial and adopt certain proffered conditions for the three parcels. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540 - 853 -2431. It will be necessary for you, or your representative, to be present at the April 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, At�, j M • I uv,_j Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure REZONING REQUEST Request from Homer Yandle to repeal conditions on properties on ) Ridgefield Street, N.E., Tax nos. 3121408, 3121409 and 3121414 ) AFFIDAVIT and adopt new conditions COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission. of the City of Roanoke, she has sent by first -class mail on the 1 st day of March, 2010, notices of a public hearing to be held on the 18th day of March, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner 3121207 Ronald and Judy Flint 3121407 Krista Hodgkin 3121410 John and Emma Lobdell 3121505 Helen Sink, Life Estate Mailing Address P O Box 8962 Roanoke, VA 24014 P O Box 2705 Roanoke, VA 24001 1550 Scout Road Blue Ridge, VA 24064 2225 Ridgefield Street, NE Roanoke, VA 24012 3121507 Carl Booth 2313 Ridgefield Street, NE 3121506 Roanoke, VA 24012 Also sent to: Rick Hendrick, President, Hollins Road North Civic League Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1St day of March, 2010. OW IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38780 -041910. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of an approximately 7,000 square foot parcel of City -owned property, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, bearing Official Tax No. 3012826, to Anstey Hodge Advertising Group, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on April 19, 2010, pursuant to § §15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of an approximately 7,000 square foot parcel of City -owned property, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, bearing Official Tax No. 3012826, to Anstey Hodge Advertising Group, Inc. for the purchase price of $5,200, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated April 19, 2010. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. �60°'q CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building - f 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov April 19, 2010 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: Sale of City -Owned Property Tax Map Number 3012826 Background: Mr. John C. Anstey, President of Anstey Hodge Advertising Group, Inc. has expressed a desire to purchase a parcel baring Tax Map Number 3012826, an approximately 7,000 square foot vacant lot adjacent to his newly- restored advertising office, located at 120 Commonwealth Ave., NE. The offer is $5,200 which is equal to the current assessed value of the property. Disposition of this property at the offered value to the abutting property owner will relieve the City of current and future costs of maintenance. Proceeds from the sale will go towards the Economic and Community Development Reserve Fund. Recommended Action: Authorize the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer Tax Map number 3012826 to Anstey Hodge Advertising Group, Inc. n esp t ul submitted, Christopher P. Morrill City Manager Honorable Mayor and Members of City Council April 19, 2010 Page 2 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 Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist CM 10 -00064 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE CITY CLERK 'H)AFFR 12Ft9121535 ROANOKE VA 24011 REFERENCE: 80084300 12064218 State of Virginia City of Roanoke NOTICEOFPUBLICHEARIN 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 Virg nia. Sworn and subscribed before me this day of APR 2010. Witness my hand and official seal. Notary Public 1 0111101 1 PUBLISHED ON: 04/09 TOTAL COST: 202.80 FILED ON: 04/09/10 S r•' � ?• �'lY f��i117 v �/fy i CIE = R�9: 7 ©"�S�I� •, ,�. MY c6iM'MissioN — PH � ALTW OF IN 11111%A\ NOTICE OF PUBLIC HEARING iThe City of Roanoke proposes to convey I, City -owned property to Anstey Hodge Advertising Group, Inc., designated as Roanoke City Tax Parcel No. 3012826, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, which is ;adjacent to property owned by Ansley Hodge. Advertising Group, Inc., at 120' Commonwealth Avenue, I N.E., Roanoke, Virginia, known as Roanoke City Tax Parcel No. 3012827. Pursuant to the IIrequirements of § §15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby, given that the City Council. of the City of Roanoke will hold a public hearing on the' above matter, at its regular la meeting.to be held onl Monday, April 19, 2010, at, 7:00 p.m., or as soon' thereafter as the matter may be heard, in the' Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further Information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. t f� Citizens 'shall hav,'e the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs, accommodations for this hearing, please contact the City Clerk's Office at (540) '853 -2541, before 12:00 ,noon on Thursday, April 15,, 2010. ' GIVEN under my hand this 5th day of April, 2010. J Stephanie M: Moon City Clerk' (12064218) -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Authorized Signature: Billing Services Representative A� NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey City -owned property to Anstey Hodge Advertising Group, Inc., designated as Roanoke City Tax Parcel No. 3012826, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, which is adjacent to property owned by Anstey Hodge Advertising Group, Inc., at 120 Commonwealth Avenue, N.E., Roanoke, Virginia, known as Roanoke City Tax Parcel No. 3012827. Pursuant to the requirements of § §15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 19, 2010, commencing at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chambers, 4`h Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, April 15, 2010. GIVEN under my hand this 5th day of April , 2010. Stephanie M. Moon, CMC City, Clerk Notice to Publisher: Publish in the Roanoke Times once on Friday, April 9, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853 -2715 P�c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38781- 041910. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Gone CoCo, L.L.C., for approximately 742 square feet of space in the City Market Building for a month -to -month term, effective May 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 19, 2010, pursuant to § § 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Gone CoCo, L.L.C., for the lease of approximately 742 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a retail business, for a month -to -month term, effective May 1, 2010, not to exceed twelve (12) months, at a rental rate of $1,528.52 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated April 19, 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: l�Gl�J�lt�ei. yyl�yj City Clerk F 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 April 19, 2010 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: Renew Lease for Gone Co -Co in City Market Building Background: Mr. Easter P. Moses, owner of Gone Co -Co, LLC. leases approximately 742 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011. The current lease will expire April 30, 2010. Mr. Moses has expressed his desire to continue to operate a retail business in the Market Building. The lease term proposed is month to month not to exceed twelve (12) months effective May 1, 2010. The proposed agreement establishes a base rent of the following: Square Footage Per Square Foot Monthly Rent Amount Annual Rent Amount 742 $24.72 $1,528.52 $18,342.24 The Common Area Maintenance fee is $265.23 per month. Honorable Mayor and, Members of City Council April 19,.2010 Page 2 Recommended Action: Authorize the City Manager to execute a lease agreement with Gone Co- Co, LLC., for approximately 742 square feet in the City Market Building located at 32 Market Square, Roanoke, Virginia 24011, on. a month to month basis effective May 1, 2010, and to execute such other documents as required. Such lease and documents to be approved as to form by the City Attorney. Res'�e�tfujly, submitted, QwKtopher P`Morrill City Manager CPM /clt 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 Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist ,Joshua L. Mabrey, Accountant /Accounts Receivable CM 10 -00062 LEASE Between THE CITY OF ROANOKE and Gone CoCo, L.L.C. , \WCGerexrs rum s=jMs %s j \m D0CWENn \Goers Coc0\2010 NG W ewerrs LVZE.DGC LEASE INDEX HEADING PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENT AND SUBLETTING IMPROVEMENTS SURRENDER OF PREMISES INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CONDEMNATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT C: \DOCUMENTS AND SETTINGS \EDCTI \MV DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC I PAGE 1 2 3 3 3 4 4 4 4 5 5 5 5 6 6 7 7 7 7 7 7 7 7 8 INVALIDITY OF PARTICULAR PROVISIONS HAZARDOUS SUBSTANCES INSURANCE SECURITY DEPOSIT INDEMNIFICATION COMPLIANCE WITH LAWS AND REGULATIONS FORUM SELECTION AND CHOICE OF LAW FORCE MAJEURE EQUAL EMPLOYMENT OPPORTUNITY. DRUG -FREE WORKPLACE RULES AND REGULATIONS SIG NAGE GUARANTY LIABILITY OF LANDLORD Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F C: \DOCUMENTS AND SETt1NCS\EDC71 \MY DOCUMENTSIGONE COCO \2010 MONTH TO MONTH IEASE.DOC II 8 8 9 9 10 10 10 10 10 11 11 11 12 Floor Plan Common Area Floor Plan Menu Rules and Regulations Sign Regulations Guaranty LEASE THIS LEASE is made this ____day of ____________________2010 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord "), and Gone Co -Co, L.L.C., (hereinafter referred to as "Tenant "), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building ") located at 32 Market Square, Stalls #106 - 108. Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 742 square feet of space. 2. TERM The term of this Lease shall commence on May 1, 2010, ( "Commencement Date ") and end on May 30, 2010, provided that any renewal terms shall not exceed twelve (12) months. Unless written notice is given by the City at least sixty (60) days prior to the end of the initial term, or any renewal term, by the tenant, this Lease shall automatically renew for another month, except until the twelfth (12) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 3. BASE RENT: ESCALATIONS The base rent for each month of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each month of the Lease acco inq to the follo Ing schedule: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 5/1/2010 742 $24.72 $1,528.52 $18,342.24 5/31/2010 If the Commencement Date is other than the first day of the month, the first month of the Lease term shall be deemed to be extended to include such partial month and the following month, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ( "Rent ") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5 %) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus C: \DOCUMENTS AND SET 1NCS\EDCT1 \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC two percent (2 %) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to .pay Landlord, as additional rental, Tenant's proportionate share of the costs ( "Common Area Maintenance Fee ") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Two Hundred Sixty- -Five and 23/100 ($265.23) per month. These fees will increase by three (3 %) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, Q) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and /or comply with governmental and /or environmental and hazardous waste matters(excluding Tenant's Premises) (1) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (o) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities C \DOCUMENTS AND SETDNGS \EDCII\MY DOCUMENTS \GONE COCO \2010 MONTH TO MONTH LEASE.DOC appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be responsible for the following: (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay forthe cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used forthe purpose of conducting therein the sale of LADIES APPAREL AND ACCESSORIES. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above C: \DOCUMENTS AND 5ET7NGS\EDCTI \MY DOCUMENTS \GONE COCO \2010 MONTH TO MONTH LEASEMOC designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a Retail business selling LADIES APPAREL AND ACCESSORIES. Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products thatwould impairthe sales of the othertenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similarfood, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that.Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any freestanding signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration ofthe Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of C: \DOCUMENTS AND SETnNGS\EDCTI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and /or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant. in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates towhich rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period,, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord C: \DOCUMENTS AND SETn NGS\EDC -MMY DOCUMENTS\GONE COCO \2070 MONTH TO MONTH LEASEAOC is not in default under the Lease; and (v) nod is putes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such,encu,mbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self -help under this Lease, if any, or terminating or declaring a default under this Lease. 16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of Rent and /or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period of ten (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re- enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re -entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession -by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. C: \DOCUMENTS AND SETTINGS\EDCTI \MY DOCUMENTS \GONE COCO \2010 MONTH 70 MONTH LEASE.DOC 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi - public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi - public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first -class postage prepaid, (i) if to Landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Square. SE, unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the eventthatTenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require C: \DOCUMENTS AND SETTINGS\EDCTI \MV DOCUMEMSIGONE COCO \2010 MONTH TO MONTH LEASE.DOC such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or. in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi - governmental or regulatory authorities ( "Laws ") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment ") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead -based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste "). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties ") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with 'Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed C: \DOCUMENTS AND SETTINGS\EDCfI \MY DOCUMENTS \GONE COCO \2010 MONTH TO MONTH LEASE.DOC to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ii) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in aform satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days priorwritten notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, C: \DOCUMENTS AND SETnNGS\EDCTI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Tenant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: C: \DOCUMENTS AND SETTINGS \EDCrl \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC 10 (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements fore mployees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG -FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug -free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug -free workplace; and (iv) include the provisions of the-foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug -free workplace" means a site forthe performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. C: \DOCUMENTS AND SETDNGS\EDCM \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC 11 40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising during the term of this Lease Agreement, from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and /or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. Intentionally Omitted C: \DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk By: (SEAL) Print Name: Christopher P. Morrill Title: City Manager TENANT: Gone Co -Co, LLC. By: (SEAL) Print Name: Title: SS #: Approved as to Form: Assistant City Attorney C. \DOCUMENTS AND SETTING5 \EDC71 \MY DOCUMENTS\GONE COCO\2010 MONTH TO MONTH LEASE.DOC 13 EXHIBIT A FLOOR PLAN C: \DOCUMENTS AND SE'MNGS\EDCFI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC 14 uw its' 120 a %jo L q-7 o"7 EXHIBIT B COMMON AREAS FLOOR PLAN Attach here t: \DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASEAOC 15 L Lo. 1 I V7 j 1 � .s I I 3nN3AV WINS Mi 3nN3AV 1138dwV0 a L_i fY 1 �n IIT S @I9 Ilia IN �r7 3ie let; 6 All Die a EXHIBIT C MENU Attach here if Food Court Tenant C: \DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE DOC 16 EXHIBIT D RULES AND REGULATIONS 1 . All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air - filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C: \DOCUMENTS AND SETTINGS\EDCTT \MY DOCUMENTS\GDNE COCO \2010 MONTH TO MONTH LEASE.DOC 17 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style, unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high - quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. C: \DOCUMENTS AND SETnNMEDCn \MY DOCUMENTS\GONE COCO \2010 MONTH TO MONTH LEASE.DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionally Omitted C: \DOCUMENTS AND SETTINGS\EOCn \MV DOCUMENTS \GONE COCO \2010 MONTH TO MONTH LEASEMOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE I_IT-, CERh';1fL APR 12P035,:�� ROANOKE VA 24011 REFERENCE: 80084300 12064235 State of Virginia City of Roanoke NOTICEOFPUBLICHEARIN I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Vir fga. Sworn and subscribed before me this day of APR 2010. - Witness my hand and official seal. Notary Public A L41 PUBLISHED ON: 04/09 TOTAL COST: 193.44 FILED ON: 04/09/10 KWARY Pusuc AE-0, #7090930 MY COMMISSION >o I i Q v F '�16Ji I0I0k' \% NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 742 square feet of City -owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke; Virginia, 24011, to Gone CoCo, L.L,C., to be used as a retail business, on a month to month basis beginning May 1, 2010, such terms not to exceed ' one year. Pursuant to the i iequIreme,nts of i § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roapoke will hold a public hearing on the above matter at. its regular meeting to be held "on - Monday, April 19, 2010, .' commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue,•S.W.-, Roanoke, Virginia, 24011. Further information Is available from the Office of the City Clerk for the City of Roanoke at (540) 853.2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you area person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, April 15, 2010. GIVEN under my hand this 5th day of April, 2010. Stephanie M. Moon City Clerk (12064235) -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Authorized Signature:. Billing Services Representative — AWk A ---------- l _� � �C NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 742 square feet of City - owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to Gone CoCo, L.L.C., to be used as a retail business, on a month to month basis beginning May 1, 2010, such terms not to exceed one year. Pursuant to the requirements of § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 19, 2010, commencing at 7:00 p.m., in the Council Chambers, 41' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, ,please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, April 15, 2010. GIVEN under my hand this 5th day of April , 2010. STEPHANIE M. MOON CITY CLERK Notice to Publisher: Publish in the Roanoke Times once on Friday, April 9, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853 -2715 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+---------- -------------- PUBLIC RELATIONS DEPT ROANOKE CITY SCHOOLS 40 DOUGLAS AVE ROANOKE VA 24013 REFERENCE: 10612347 12065809 Citizen Comment 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: I City /County of Roanoke, Commonwealth /State of Virqiiiia. Sworn and subscribed before me this day of APR 2010. Witness my hand and official seal. Notary Public PUBLISHED ON: 04/09 TOTAL COST: 322.64 FILED ON: 04/09/10 Authorize Signature t%$4110#1111 � ••��cENy P. NOTARY • : RE G. #332964 COMMISSION a O !� c- : EXPIR S •a e �• ��faet • �LiH.® ��+ aar� . ,��t1�00/00q� The Council of the City of Roanoke will hold a public interview of candidates for the position of School Board Trustee on Monday, April 19, 20.10, commencing at 4:00 p.m., in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: The Reverend James P. Beatty, Chris H. Craft, John W. Elliott, Jr., Annette Lewis, Joelle D. Miller, Suzanne P. Moore, and Brenda I. Tatum. The Council will also hold a public hearing to receive the views of citizens, regarding appointment of Roanoke City School Board Trustees at its'regular meeting on Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. The Council will elect two School Board Trustees for three -year terms of office commencing July 1, 2010, at a regular meeting to be held on Monday, May 3, 2010, at 2:00 p.m., or as soon thereafter as, the matter may be heard, in the Roanoke City Council Chamber. i If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at 853 -2541, by Wednesday, April 15, 2010. Stephanie M. Moon, CMC City Clerk Billing Services Representative �1� NOTICE OF PUBLIC INTERVIEW AND PUBLIC HEARING FOR ROANOKE CITY SCHOOL BOARD TRUSTEE The Council of the City of Roanoke will hold a public interview of candidates forthe position of School Board Trustee on Monday, April 19, 2010, commencing at 4:00 p.m., in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: The Reverend James P. Beatty, Chris H. Craft, John W. Elliott, Jr., Annette Lewis, Joelle D. Miller, Suzanne P. Moore, and Brenda I. Tatum. The Council will also hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. The Council will elect two School Board Trustees for three -year terms of office commencing July 1, 2010, at a regular meeting to be held on Monday, May 3, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at 853 -2541, by Wednesday, April 15, 2010. Stephanie M. Moon, CMC City Clerk L: \CLERK\DATA \CKSM 1 \School.10\Public Hearing for Citizen Comments.doc NOTE TO PUBLISHER: Publish in full once in The Roanoke Times on Friday, April 9, 2010 - -- -BLOCK STYLE. (2" X 4 ") Send publisher's affidavit and bill to: Stephanie M. Moon, CMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 -1536 540/853 -2541 L\ CLERK \DATA \CKSM1 \School.10\Public Hearing for Citizen Comments.doc NOTE TO PUBLISHER: Publish in full once in The Roanoke Tribune on Thursday, April 8, 2010. Send publisher's affidavit and bill to: Stephanie M. Moon, CMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 -1536 540/853 -2541 L \CLERK\DATA \CKSM I \School.10\Public Hearing for Citizen Comments.doc Remarks to Roanoke City Council in support of the candidacy of Ms. Annette Lewis for appointment to the Roanoke City School Board At the public hearing held April 19, 2010 at 7 P.M. By Thomas L. McKeon, Executive Director, Roanoke Higher Education Center 108 N. Jefferson Street, Roanoke, VA 24016 I am here this evening to support the appointment of Annette Lewis to the Roanoke City School Board. I have known Ms. Lewis for more than 10 years through her work with TAP This Valley Works, which is based at the Roanoke Higher Education Center. I believe that Ms. Lewis's success in working with school dropout prevention, dropout retrieval, college access, alternative education, adult basic education and GED preparation, as well as programs in career and life skills development and occupational skill training (not only in Roanoke but also state wide) will make her an invaluable member of the City School Board. No one in our community knows better the needs of urban youth in Roanoke, and no one knows better how to guide our youth to paths of success no matter their starting place. Ms. Lewis has served with distinction on other key community boards including the Roanoke Higher Education Authority and she has proven to be a thoughtful, committed, contributing member. For her experience, her character and her commitment I urge you to appoint Annette Lewis to the Roanoke City School Board. She has what it takes to make a positive difference. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38782 - 041910. AN ORDINANCE approving an Amendment No. 1 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No. 1; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. l; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into a Contract dated April 27, 2009, for the Purchase and Sale of Real Property (Contract), being the City -owned former YMCA facility located at 425 Church Avenue, S.W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- ��, � 1. WHEREAS, the Buyer has requested that certain terms and provisions of the Contract be amended, changed, or modified as more frilly described in a letter dated April 19, 2010, from the City Manager to this Council and as set forth in the proposed Amendment No. 1 attached to such letter; and WHEREAS, City staff recommends that City Council approve the requested Amendment No. 1 and authorize the proper City officials to execute such Amendment No. 1. O- Amendment 1 to YMCA Contract.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the requested amendment, changes, or modifications to certain terms and provisions of the Contract dated April 27, 2009, between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's letter dated April 19, 2010, to this Council and as set forth in the proposed Amendment No. 1 attached to such letter. 2. The City Manager is authorized on behalf of the City to execute an Amendment No. 1 to the Contract dated April 27, 2009, providing for amendments, changes, or modifications to the tenns and provisions of such Contract as more fully set forth in the above mentioned City Manager's letter to this Council, upon certain terms and conditions as set forth in such letter and the attached Amendment No. 1 to that letter. Such Amendment No. 1 may also contain any other terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1 to the Contract and of the Contract itself. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: • Wll`� City Clerk. O- Amendment 1 to YMCA Contract.doc 2 .., o) 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 April 19, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita.J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment No. 1 to Contract for Purchase and Sale of Real Property with W. E. Muse Station, LP Background: The City and W. E. Muse Station, LP (Buyer) entered into a Contract for Purchase and Sale of Real Property (Contract), dated April 27, 2009, regarding the City -owned former YMCA facility located at 425 Church Avenue, S.W. (tax map nos. 1011206, 1011209, and 1011210). The Contract requires the Buyer to undertake renovation of the facility resulting in approximately 16,000 square feet of commercial space on the first floor, 32 or more apartment units for rent on the upper floors, and invest at least $3,400,000 in the project under certain terms and conditions, including a purchase price of $10 paid to the City. The Contract also requires completion of Buyer's due diligence obligations, and closing on the real estate transaction within 365 days after the date of the Contract. The significant conditions and obligations of the Buyer contained in the Contract will survive the real estate closing. During the preceding eleven months, the Buyer has accomplished many of the obligations outlined in the Contract, including, but not limited to, substantial completion of the facility renovation plans, obtaining a permanent financing commitment from the Virginia Housing Development Authority (VHDA) in the amount of $3,050,000, and application for the facility's certification in the EarthCraft Virginia Multifamily program. Honorable Mayor and Members of City Council April 19, 2010 Page 2 However, due to the complex financing arrangement the Buyer has had to structure for the Project, including separate construction and permanent financing arrangements, and the use of state and federal historic rehabilitation tax credits, certain timeframes, conditions, and terms established in the Contract need to be amended and clarified. The attached proposed Amendment No.l contains the proposed modified language to the Contract, and accomplishes the following: 1. Clarifies the obligations of the Buyer as it pertains to EarthCraft Virginia Multifamily Certification; 2. Extends the time period during which the real estate closing may, occur up to, and including, August 31, 2010; 3. Modifies language related to the Buyer's financing commitment to the project to include predevelopment and related costs that the Buyer has expended, and can document, prior to closing, but does not change the total commitment to the Project amount of $3,400,000; 4. Modifies language regarding future rights and obligations of the Buyer as it pertains to an existing pedestrian walkway between the subject property and an adjacent property over an abutting public alley; and 5. Clarifies the responsibilities of the Buyer in the provision of a required performance security to the benefit of the City at the real estate closing, but does not change the amount of the required security, which is $650,000. All other terms and conditions of the Contract dated April 27; 2009, between the parties will remain in full force and effect. Recommended Action: Approve the changes and modifications to the Contract as set forth in the proposed Amendment No.l . Authorize the City Manager to execute an Amendment No.l to the Contract between the City and W. E. Muse, LP, in a form substantially similar to the one attached, with the form of such Amendment No. 1 to be approved by the City Attorney. Honorable Mayor and Members of City Council April 19, 2010 Page 3 Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1 to the Contract. sy bmitted, Ch-ri"stop'hldr P. 10Y6rrill 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 Anthony Smith, W. E. Muse Station, LP CM 10 -00065 DRAFT — 4/6/10 AMENDMENT NO. 1 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This is Amendment No.1 to a certain Contract For Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and W. E. Muse Station, LP, a Virginia limited partnership (Buyer) (Amendment No. 1). This Amendment No. 1 is dated 32010. WITNESSETH: WHEREAS, the Seller and Buyer entered into a Contract dated April 27, 2009 (Contract), that provided for the Seller to sell and the Buyer to purchase certain real property, including the building located thereon (Building), located at 425 Church Avenue, SW, Roanoke, Virginia 24016, all as more fully described in such Contract and subject to certain terms and conditions as set forth in such Contract; WHEREAS, the Buyer has requested that certain terms and provisions of the Contract be amended, changed, or modified as further set forth in this Amendment No. 1; and WHEREAS, the Seller and Buyer now wish to reduce to writing the amendments, modifications, and changes to the Contract which have been agreed to by the parties. NOW, THEREFORE, the Seller and the Buyer, in consideration of the promises and obligations contained in the Contract and in this Amendment No. 1 mutually agree as follows: SECTION 1. MODIFICATION REGARDING EARTHCRAFT VIRGINIA MULTI- FAMILY CERTIFICATION. A. The last sentence in the second WHEREAS clause on Page 1 of the Contract is hereby deleted and replaced with the following sentence: "Buyer shall apply for EarthCraft Virginia Multifamily Certification for such Building and make reasonable efforts to achieve such Certification." B. The definition of "Concept Plan or Plan:" as listed under "Section 1. Definitions." of the Contract is hereby changed by deleting the second sentence of such definition and replacing it with the following sentence: "Buyer shall apply for EarthCraft Virginia Multifamily .Certification for such Building and make reasonable efforts to achieve such Certification." — 4382513.doc I SECTION 2. MODIFICATION OF THE CLOSING DATE TO EXTEND THE TIME FOR CLOSING. A. Section 3 (C) of the Contract is hereby amended and changed by deleting the first sentence thereof and replacing it with the following sentence: "In the event Closing has not occurred through no fault of the Seller on or before three hundred sixty -five (365) days after the date of this Contract, or within such additional time as may be allowed as set forth in Section 14 (C), the Seller, at its election, by written notice given to the Buyer, may terminate this Contract." B. Section 14 (C) of the Contract is hereby amended and changed by adding the following sentences thereto: "Notwithstanding anything else in this Contract, the parties agree that the time period of three hundred sixty -five (365) days referred to in the first sentence of this Section 14 (C) may be extended by mutual agreement of the parties for a period of time up to and including August 31, 2010 (such extension period can be for a shorter period of time and there can be more than one extension period, but none shall extend beyond the August 31, 2010, date without further action of City Council). Any such agreement to extend such time period shall be in writing, dated, include the date to which the Contract is extended, and signed by an authorized representative of the Buyer and by the City Manager of the Seller." SECTION 3. MODIFICATION AND CHANGE OF SECTION 4 (B) (6) OF THE CONTRACT. Section 4 (B) (6) of the Contract is hereby amended and changed by deleting the current Section 4 (B) (6) and replacing it with the following paragraph: "(6) Buyer agrees that at least 30 days before Closing and as a condition precedent to Closing, the Buyer shall provide the Seller with documentation the Seller deems sufficient that Buyer has secured a financing commitment from a federal and /or state authorized financial entity showing that such financial commitment to Buyer is at least $3,050,000 for the renovation work on the Property and in addition to such commitment, that Buyer has expended funds or has incurred costs, prior to the Closing Date, for redevelopment activities or funds related to the Project in an amount of at least $350,000 in addition to the financial commitment mentioned above. The purpose of this documentation is to provide the Seller with information the Seller deems sufficient to show that the Buyer has received sufficient financial commitment(s) and has also expended sufficient funds to equal a total commitment to this Project of at least $3,400,000 for the renovation work on the Property." --4382513.doc 2 SECTION 4. MODIFICATION OF SECTION 5 OF THE CONTRACT (PEDESTRIAN WALKWAY ON THE PROPERTY). Section 5 of the Contract is hereby amended and changed by designating the current paragraph under Section 5 as subparagraph (A) and by adding the following subparagraph (B) to Section 5 of the Contract: "(B) Buyer acknowledges that the pedestrian walkway that is connected to the Building on the Property is not part of the Property covered by this Contract, but that such pedestrian walkway is to be removed by the YMCA under the agreement mentioned in 5 (A) above. However, Buyer has advised the Seller that another entity that has related investors and /or owners to Buyer has a Contract to purchase the other property and building currently owned by the YMCA referred to in Paragraph A above, which is Tax Map No. 1011202, and which may include the pedestrian walkway referred to in such Paragraph A. Buyer has advised Seller that if the other entity purchases such property, Tax Map No. 1011202, Buyer may not want to remove the pedestrian walkway referred to in Paragraph A above. Therefore, Buyer shall notify the Seller in writing after the Closing Date, but before the end of ninety (90) days after the Closing Date, if Buyer wants any assignment from the City as referred, to in Paragraph A above. If no written request from the Buyer for such assignment is received by the City Manager of the Seller within such ninety (90) day period after the Closing Date, any and all obligations of the Seller under Section 5 of the Contract shall be deemed satisfied and terminated. Furthermore, if the other entity does purchase the property identified as Tax Map No. 1011202, and the building thereon, and Buyer does intend to keep the pedestrian walkway in place, Buyer and the other entity shall provide the City with inspection reports from a certified and qualified structural engineer, reasonably acceptable to the City, that such pedestrian walkway is structurally sound and safe and that Buyer and /or the other entity will obtain an assignment from the YMCA of the encroachment rights that the YMCA may have from the City, provided that the City consents to such assignment and any other conditions the City may require for any such consent from the City for any such assignment, such as, but not limited to, an increase in the amount and type of any insurance coverages that may be required for maintaining such pedestrian walkway over the City's rights -of -way and any additional inspections that may be required by the City to be on a periodic basis to show that the pedestrian walkway remains structurally sound." SECTION 5. MODIFICATION OF SECTION 15 OF THE CONTRACT (PERFORMANCE SECURITY FOR BENEFIT OF SELLER). Section 15 (B) of the Contract is hereby amended and changed by deleting the current Section 15 (B) and replacing it with the following paragraph: "(B) As mentioned in A above and as security for Buyer's compliance with the terms and conditions of this Contract and completion of the Project in accordance with the Plan, Buyer shall deliver to the Seller on or before the Closing, one of the following: (1) a performance bond with corporate surety, both of which shall be - 4382513.doc 3 approved by Seller, or (2) a letter of credit drawn against a bank or other financial institution, both of which shall be approved by the Seller. Such Security shall be payable to the Seller and in the amount of Six Hundred Fifty Thousand Dollars ($650,000). The Security shall be valid for at least six (6) months after Buyer's completion of the Project in accordance with the terms of this Contract. If such Security is not renewed annually or is threatened to be canceled and Buyer does not replace the Security with another Security approved by the Seller at least sixty (60) days before the Security is to be cancelled, that shall also be deemed a breach of this Contract and the Seller shall be entitled to exercise Seller's rights to immediately call on the Security. Furthermore, Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller and in sufficient time to allow the Seller to approve or disapprove such document at least ten (10) days before the Closing on the Property. Notwithstanding anything else in this Contract, if Seller has not approved the form and content of the Performance Security proposed by the Buyer at least ten (10) days prior to the Closing, the Closing shall be delayed at the sole option of the Seller. Furthermore, on the day of Closing, the Buyer shall deliver to the Seller a completed and properly executed Performance Security in the same form previously approved by the Seller. Failure of the Buyer to provide to the Seller at Closing such properly completed Performance Security as set forth in this Section 15 shall constitute a default of this Contract, and the Seller, in its sole discretion and at its sole option, may take one or more of the following actions: i. Delay the Closing; ii. Reset the Closing Date for a future date as determined by the Seller; iii. Terminate the Contract; and /or iv. Pursue any and all other remedies as provided for by this Contract or by law, including damages against the Buyer." SECTION 6. CONTINUATION OF THE TERMS AND CONDITIONS OF THE CONTRACT. All the terms and conditions of the Contract dated April 27, 2009, between the parties, together with the promises and obligations contained in this Amendment No. 1, shall and they do hereby continue in full force and effect, except and only to the extent as modified above. SIGNATURE PAGE TO FOLLOW - 4382513.doc 4 IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. 1 by their authorized representatives. ATTEST: WITNESS /ATTEST: Printed Name and Title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager W. E. MUSE STATION, LP By Roanoke 1, LLC, General Partner By Anthony Smith, Managing Member The foregoing instrument was acknowledged before me this day of , 2010, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. Notary Public Registration No. My commission expires: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by Anthony Smith, Managing Member of Roanoke 1, LLC, General Partner, for and on behalf of W. E. Muse Station, LP. My commission expires: Approved as to Form: Assistant City Attorney Authorized by Ordinance No. Notary Public Registration No. Approved as to Execution: Assistant City Attorney --4382513.doc 5 °1n Tonk.S Progress Report — March 2010 African American Male Studies Program Total Action Against Poverty — This Valley Works (TAP -TVW) A program instructor may have best summed up the impact the African American Male Studies program at William Fleming High School is having on a group of young men who are at risk of dropping out of high school: "The students have changed a lot since September," he said. "They may be small changes, but these small changes are significant." What did he mean? • One student asked a program instructor if he could meet with onei of his teachers during class time. He told the instructor he would return to class after he finished. He easily could have disappeared for the day because it was a short class day, which the student was unaware of. When the bell rang, he ran back to class. He told the instructor he wanted to prove to him that he was coming back, he wasn't trying to skip class. "Without intervention of the African American Male Studies Program, that likely would not have happened," the instructor said. • Two students asked for help with an English class assignment. They had fallen behind and the deadline was looming. They asked a program instructor for help, rather than take a `0' for the assignment and risk its impact on their class grade. • One student who was misbehaving during class was asked to leave. The student told the program instructor that he didn't want to leave. "Where will I go ?" he asked the instructor. We continue to be pleased with the progress that the students enrolled in the African American Male Studies Program (AA Male Studies Program). The targeted students are those who the lack of family support and limited drive and focus to stay in school and graduate. But give them instruction, activities and discussion that piques their interest, keep them engaged in school, show them that there are people who care that they succeed in school and in life, and they respond. As we have seen with our students, improvement in grades, in attendance and in behavior is likely to follow. The early signs are there: Data from Roanoke City Public Schools (attached) comparing first - semester grade point average, discipline, and out of school suspensions of students who participated in AA Male Studies Program as freshmen and are continuing as sophomores, showed that as a group, student performance improved. The following measures reflect year to date positive outcomes in the 2009 -2010 fiscal year: Measure Ninth-grade Tenth-grade Number of students enrolled in 15 19 9 Semester Number of students enrolled in 2 nd 18 (94.7 %) 1 moved 9(100%) Semester to another state Number who improve attendance 17(94%) 9(100%) Number attended team building exercise 18(95%) 9(100%) Number developing a business plan N/A 9(100%) Number exposed to post- secondary 14(77%) 8(88%) educational opportunities Number who attend cultural enrichment activities 14(77%) 8(88%) Number who attend college campus visits 14(77%) 8(88%) Number who participate in community service projects 17(94%) 9(100%) Number who receive tutoring 13(72%) 6(66%) Number who receive mentoring 8(44%) 5(55%) Number of parents involved - Field trips 0 0 - Home visits 14 9 - Parent Advisory Committee 2 4 - Orientation 4 0 During spring break week, the students and instructors headed north for a field trip to the National Blacks in Wax Museum in Baltimore and a campus tour of Howard University in Washington, D.C. Their presence on the Howard University campus was met with applause. Why? It was an all -male group of more than 20 African American males, a rarity for a college campus tour group. There is an ever - widening gap between black male college enrollees and their female and white counterparts, according to the Washington, D.C. -based American Council on Education. Twenty years ago, 30% of African American male high school graduates (ages 18 -24) were enrolled in college, compared with 28% of same -age black females and 41% of white males. Now, some 37% of black men are enrolled, compared with 42% of African American women and 44.5% of white males. So while there are more black males enrolling in college today than 20 years ago, other groups have outstripped them in enrollment and, even more importantly, in retention rates. We strive to continue to make a difference in the lives of the young men in the AA Male Studies Program. We are planning more cultural enrichment field trips and college campus visits, including one more before the end of the 2009 -2010 school year and possibly one during the summer as part of an effort to keep students connected to the program during summer break. Keeping students connected during the summer months is crucial to ensuring we do not lose ground on strides made during the school year. As a result of recent discussions with United Way, we have expanded our plans and developed a four- pronged approach to address what has been termed "summer learning loss:" • Community service /volunteer work for those who cannot find summer jobs. • Job shadowing (1 or 2 days) with people who are in professions in which students have expressed an interest, such as bankers, chefs, and business owners. • Three planned activities — one right after school ends, one in the middle of the summer and one right before school resumes in late summer. • Field trips /college campus visits, including a visit to Monticello, University of Virginia and Booker T. Washington National Monument near Wirtz, Virginia. While our immediate focus is on the last few months of the school year and the summer, we are looking ahead to the 2010 -2011 school year. Our work continues with Roanoke City Public Schools (RCPS) to ensure the program is operating with appropriate school system oversight. RCPS is working with the staff to receive state certification and has approved a curriculum (The Change Curriculum) that has been used by others across the country to enhance the educational and social skills of at risk youth. RCPS will arrange for AA Male Studies Program staff to make a presentation to 8th- graders at Breckinridge and Addison middle schools before the end of the school year. A picnic setting is proposed. From that group (an estimated 35 -40 eighth - graders), TAP -TV W staff expect to select 20 who have expressed an interest in the program and meet enrollment criteria for enrollment in the program's 2010 -2011 freshman class. RESULTS OF THE TAP AFRICAN - AMERICAN MALE STUDIES CLASS AT WILLIMA FLEMING HIGH SCHOOL The following information was provided by Dr. Jean Pollard, director of Research, Testing and Evaluation at Roanoke City Schools. She compared 1St semester activity in 2008 -2009 to 1 st semester activity in 2009 -2010 for 14 African American Male Studies (ARMS) students. History A total of 14 students enrolled as 91h graders in AAMS. All 14 completed the AAMS class and passed to the 10th grade. Five students remain in the class as 10th graders; 9 were unable to enroll in the class in 2009 -2010 due to scheduling conflicts; however, they are still in school. The results below compare the grade point average, discipline, out of school suspensions and absences of the two groups. Group A is the group of 5 students enrolled in the 9th grade and 10th grade AAMS class. Group B is the group of 9 students enrolled in the 9th grade AAMS class who are still in school, but no longer enrolled in ARMS. Group A Completed 91h Grade AAMS Class and Continuing in the 10th Grade AAMS Class 5 students GPA Discipline Out of School Suspensions Absences 2008 -2009 1.98 1.2 1.6 1.6 2009 -2010 2.03 .6 0 8.8* Group B Completed 9th Grade AAMS Class; however, though still in school, are not enrolled in the 10th Grade AAMS Class 9 students GPA Discipline Out of School Suspensions Absences 2008 -2009 1.7 1.2 .02 3.3 2009 -2010 2.08 .03 0.1 9.6* *The attendance record is for attendance in all classes at William Fleming. Students who have been in the AAMS class both years have a better attendance record than those who have only been in the class one year. It should also be noted that a review of AAMS classroom attendance reveals only 2 of the 5 students enrolled this school year (2009 -2010) have missed a day or more of AAMS class. One missed 2 days; a second missed 6 days. The student who missed six days did not miss a single day in November and December.