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HomeMy WebLinkAboutCouncil Actions 05-17-10 ROSEN 38809-051710 ROANOKE CITY COUNCIL REGULAR SESSION MAY 17, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price was absent. The Invocation was delivered by The Reverend Tim Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 20 at 7:00 p.m., and Saturday, May 22 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 PURPO~ES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS Noi AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSI~TANCE 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 resolution paying tribute to Officer N. D. Comas for his heroic efforts on April 24, 2010. Adopted Resolution No. 38809-051710. (6-0) Presented ceremonial copy of Resolution to Officer Comas. " 2 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. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDAAND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, February 1,2010. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, June 7,2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property to Scott and Ascension Horchler located along ,the southern line of Morningside Street, S. E., containing the former Buena Vista [Recreation Center. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 7, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of Qualified School Construction Bond (QSCB) funding for school capital projects; and a report of the Roanoke City School Board requesting concurrence. RECOMMENDED ACTION: Concurred in the request. 3 C-4 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 21, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of debt for capital projects. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the City Clerk advising of the resignation of Elizabeth D. Rhine as a member of the Roanoke Valley Greenway Commission, effective April 30, 2010. RECOMMENDED ACTION: Accepted the resignation and received and / filed the communication. C-6 A communication from the City Clerk advising of the resignation of Marie Greene as a member of the Fair Housing Board, effective May 7,2010. : RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-7 A communication from the City Clerk advising of the resignation of James Fazio as a member of the Towing Advisory Board, effective March 30, 2010. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-B A communication from Laverne L. Grigsby, General Registrar, transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on May 4,2010. RECOMMENDED ACTION: Received and filed. C-9 A communication from John Rosenow, Chief Executive, Arbor Day Foundation, congratulating the City of Roanoke on being named a Tree City USA community for 2009. RECOMMENDED ACTION: Received and filed. C-10 Report of qualification of the Honorable Octavia Johnson as a City representative to the Court Community Corrections Program, Community Criminal Justice Policy Board, for a three-year term of office ending June 30, 2013. RECOMMENDED ACTION: Received and filed. 4 I' REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Star City Soccer Foundation to share information regarding English Language Learners in Roanoke City Public Schools. Landon Moore, Director, Spokesperson. (Sponsored by Vice-Mayor Lea and Council Member Rosen) No action required. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: " a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDEDFOR ACTION: . 1. Authorization and appropriation of funds to complete a street-improvement project at the intersection of Orange Avenue and Blue Hills Drive, N. E. Adopted Resolution No. 38810-051710 and Budget Ordinance No. 38811-051710. (6-0) 2. Executio~n of a second amendment to the New River Valley Commerce Park Project Participation Agreement. Adopted Ordinance No. 38812-051710. (6-0) 3. Transfer of funds in connection with recommendations of the Roanoke Arts Commission for funding to specific agencies for Fiscal Year 2010-2011. Adopted Resolution No. 38813-051710 and Budget Ordinance No. 38814-051710. (6-0) COMMENTS BY CITY MANAGER. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. " 5 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. NONE. AT 3:03 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ' 6 ROANOKE CITY COUNCIL REGULAR SESSION MAY 17, 2010 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Member Price was absent. The Invocation was delivered by Mayor David A. Bowers. . The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3. on Thursday, May 20 at 7:00 p.m., and Saturday, May 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: \ 1. Request of City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3, 2010, and proffered condition No.1 on property located at 2102 Grandin Road, S. W., for the former Raleigh Court Elementary School to be used for an educational facility, a day care facility for children, and general and professional offices for Early Start and Head Start programs. Curt Baker, Deputy Superintendent of Schools, Spokesperson. Adopted Ordinance No. 38815-051710. (6-0) 7 2. Proposal of the City of Roanoke to convey City-owned property, located at 514 24th Street, N. W., known as Fire Station #9, to Mahlon P. and Patricia H. Maxey. Christopher P. Morrill, City Manager. Adopted Ordinance No. 38816-051710. (6-0) 3. Proposal of the City of Roanoke to convey City-owned property to Rebuilding Together, Roanoke, Inc., located at 216 12'h Street, N. W., known as "the former Fire Station #5." Christopher P. Morrill, City Manager. Inasmuch as Council Member Price was absent and the Mayor having abstained from any discussion in connection with the matter, Council deferred action on the matter until Monday, June 21 at 2:00 p.m. B. 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. ADJOURNMENT - 7:56 P.M. 8 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor May 17, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, May 17, 2010. Best wishes for a successful meeting. ~~ Anita J. Price Council Member /ctw ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of Kay, 2010. No. 38809-051710. A RESOLUTION paying tribute to Officer N.D. Comas for his exemplary service to the citizens of Roanoke. WHEREAS, Officer Comas was on late-shift patrol on April 24, 2010, when he spotted a woman standing on the guardrail of the 10th Street Bridge at approximately 1 :47 a.m.; WHEREAS, Officer Comas, upon hearing the woman threaten to commit suicide by jumping onto the railroad tracks below, notified additional officers in the area, as well as the 911 Center, and rushed from his vehicle to help the woman; WHEREAS, the woman did jump as Officer Comas approached, but landed on a /' platform below sidewalk level, giving Officer Comas another chance to reach her; WHEREAS, just as the woman was jumping offthe platform, with a train coming ever ,'1; ,,'f closer, Officer Comas was able to grab the woman's leg and prevent her from falling; WHEREAS, Officer Comas, who has been a sworn member ofthe Patrol Bureau for just two years, and a member of the special PowerShift unit for six months, called on his police, training, as well as his experience as a Marine in the Iraq War, to respond to an emergency situation; and WHEREAS, Officer Comas credits his colleagues in the department for coming to his assistance, knowing he could count on them to help him haul the woman back to safety. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows; 1. This Council adopts this means of recognizing and commending Officer N.D. Comas for his bravery and dedication to the mission ofthe City of Roanoke Police Department. 2. The City Clerk is directed to forward an attested copy ofthis resolution to Officer N.D. Comas. ATTEST: ILl- 1 . ..: {Y).11 0 w ~:J~ \ City Clerk. ~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov May 17, 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 AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request Public Hearing for Sale of a 3 Acre City-Owned Property - Former Buena Vista Center Background: Scott and Ascension Horchler have submitted a proposal to purchase a three acre parcel of City-owned property fronting approximately 373 feet along the southern line of Morningside Street, S.E., which contains the former Buena Vista Recreation Center. The offer of $75,000 is lower than its appraised value of $250,000 based on the property's former use as a recreation center. However, an architectural/engineering assessment undertaken in 2003 indicated repairs necessary to address conditions of the building were in excess of $285,000. Given the change in use of the property, its condition, and the fact that it has been marketed for sale for some period of time, staff recommends acceptance of this offer. A sales contract has been developed which would convey the property to the Horchlers under certain terms and conditions. Disposition of this property at the offered value to the Horchlers will convey the building to an owner that can invest in the historic rehabilitation necessary to honor the structure. It will also relieve the City of current and future cost of maintenance and place it in a taxable status. Proceeds from the sale will be deposited into the Economic and Community Development Reserve. A Honorable Mayor and Members of City Council .May17,2010 Page 2 public hearing is required prior to' City Council authorizing the sale of this City-owned property, as well as to authorize conveyance of an easement to the Horchlers across City-owned property for ingress and . egress between the three-acre parcel to be conveyed and Penmar Avenue. ' Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property, with an easement for ingress and egress, on June 7, 2010, at 2:00 pm. itted, CPM/c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist CM10-00087 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance May 1 7, 201 0 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: . Subject: JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance Public Hearing and Authorization of the Issuance of Qualified School Construction Bond (QSCB) for School Capital Projects Backg rou nd: As a result of official School Board action on May 11,2010, the Board approved a resolution to participate in Qualified School Construction Bond (QSCB) funding for a work program that would begin to address HVAC, lighting and plumbing work at several schools. QSCB requirements include an energy usage improvement component. In January 2010, Roanoke City Public Schools was notified that four of its ten applications were approved and that work totaling, in the aggregate, $1,110,539 would be funded with 0% interest debt. The approved applications were for capital maintenance work at Preston Park, Morningside, Westside, and Monterey Elementary Schools. In order to assure receipt of the $1,110,539 in bond proceeds and provide flexibility to sell the bonds at a discount if market conditions indicate, the City's financial advisor, Public Financial Management, Inc. (PFM) recommends authorization for issuance of up to $1,230,000. Virginia Public School Authority (VPSA) will be issuing the bonds by June 15, 2010. In order to meet all related issuance requirements, a public hearing on June 7 is necessary .._, Honorable Mayor and Members of Council May 1 7, 201 0 . Page 2 Recommended Action: Authorize proper advertisement to hold a public hearing at City Council's regular 2:00 p.m. meeting on June 7, 2010, on the issuance of Qualified School Construction Bond in the amount of $1,230,000. Proper notification of the public hearing will be advertised on May 24th and May 31 st. Sincerely, (}6~ Ann H. Shawver Director of Finance c: 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 May 17, 2010 The HC?norable 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 May 11, 2010, the Board approved the enclosed resolution to participate in Qualified School Construction Bond (QSCB) funding for a work program that would begin to address HVAC, lighting and plumbing work at several schools. The QSCB funding application and regulations indicate the work must include an energy usage improvement component. In January, 2010 Roanoke City Public Schools was notified that four of its ten applications were successful and that work totaling $1,110,539 would be funded with 0% interest debt. The approved applications were for capital maintenance work at Preston Park, Morningside, Westside, and Monterey Elementary Schools. The School Board requests the City Council authorize publication of a notice of public hearing for its June 7 meeting on the QSCB financing and adopt a bond resolution to issue bonds in an aggregate principal amount not in excess of $1,230,000 with the objective of providing up to $1,110,539 in net proceeds for capital maintenance work at the aforementioned schools. The School Board thanks you for your continued support. Sincerely,. . ~*.~~ Cindy H. ~ulton, Clerk Enclosure. pc: Will iam M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey George Clemo p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board May 11, 2010 RESOLUTION REQUESTING THE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS TO FINANCE CAPITAL PROJECTS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the City of Roanoke, Virginia (the "School Board") hereby requests that the City Council of the City of Roanoke, Virginia (the "City") cause the City to issue its general obligation school bonds (the "Bonds") in an aggregate principal amount not in excess of $1,230,000 but with the objective of providing up to $1,110,539 in net proceeds, to finance the acquisition, installation and or replacement of certain HVAC equipment, and electrical and plumbing systems at Preston Park Elementary School, Morningside Elementary School, Westside Elementary School and Monterey Elementary School, each of which constitutes a capital project for school purposes. 2. Further, the School Board consents to the purchase of the Bonds by the Virginia Public School Authority ("VPSA") as part of VPSA's Spring 2010 sale of Qualified School Construction Bonds and ratifies and approves the application previously submitted on behalf of the City and the School 'Board to the Virginia Department of Education and the Virginia Department of Mines, Minerals and Energy as part of the competitive evaluation process announced by a letter of the Governor of Virginia dated October 14, 2009. 3. The Chairman of the School Board, the Superintendent of the schools of the Roanoke City School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show the compliance of VPSA's Qualified School Construction Bonds with the provisions of the Internal Revenue Code of 1986, as amended (the {#1351941-1,077826~65.o1} "Tax Code"), and applicable regulations relating to the qualification of VPSA's Qualified School Construction Bonds as "qualified tax credit bonds" and "qualified school construction bonds" under Sections 54A and 54F of the Tax Code. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that VPSA's Qualified School Construction Bonds will not lose their status as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. 3. This resolution shall take effect immediately by the following recorded vote: David B. Carson, Chair Jason E. Bingham, Vice Chair Mae G. Huff Suzanne Moore Courtney A. Penn Todd A. Putney Lori Vaught Yea Nay / ~ v' ./ v ../ v' The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held on the 11th day of May, 2010. WITNESS my signature and the seal of the School Board of the City of Roanoke, Virginia this ~\'r,day of May, 2010. (SEAL) the City of Roanoke, Virginia, 2 '" ;, ! j {I. : '( {,',..I {#1351941-1,077826~65~1} - \h ;. '~.l , 'I,: .r _ ',11.- .'"1 -----~- , "\,' 'If. CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance May 1 7, 201 0 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear MayorBowers and Members of City Council: Subject: Public Hearing and Authorization of the Issuance of Debt for Capital Projects Background: On July 20, 2009, City Council approved the FY201 0-2014 Capital Improvement Program (ClP) and subsequently amended the plan on August 3, 2009 and January 19, 2010. The revised ClP includes planned bond issuance in the amount of $12,919,925 for Bridge Renovations of $1,250,000, a Digital Radio Upgrade of $6,108,000, and Market Building Renovations of $5,561,925. Total project funding in the amount of $5,945,000 is necessary for the Digital Radio Upgrade. The ClP for FY201 0-2014 previously authorized the issuance of $1 ,308,000 for FY2011 and $4,800,000 for FY201 2. In order to contract the project, authorization of the entire project amount is required. The revised project amount of $5,945,000 was adjusted lower by $163,000 as a result of a contract discount. In order to provide flexibility to sell the bonds at a discount if market conditions indicate, the City's financial advisor, Public Financial Management, Inc. (PFM) recommended for issuance a not to exceed amount of $14,800,000 for projects as outlined above. Honorable Mayor and Members of Council May 1 7, 201 0 Page 2 Recommended Action: Authorize the scheduling of a public hearing at City Council's regular 7:00 p.m. meeting on June 21, 2010, on the issuance of general obligation pu blic improvement b-onds in the amount of $14,800,000 for projects as outlined above. This will entail proper notification of such public hearing on June 7th and June 14th, Sincerely, ~~ Ann H. Shawver Director of Finance c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: {540} 853-254] Fax: '(S40) 853-]]45 E-mail:. clerk@ro8nokev8.gov JONATHAN E. CRAFT Deputy City Clerk . CECELiA T, WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 17~ 2010 The' Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Cou!)cil: / . This is to advise that Elizabeth D. Rhine has tendered her resignation as a member of the Roanoke Valley Greenway Qommission, effective April 30, 2010, Sincerely, ~hl,'fhll~ Stephanie M. Moon, CMC r . City Clerk --' '- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 28, 2010 Elizabeth D. Rhine 608 Janette Avenue, S.W, Roanoke, Virginia 24016 Dear Ms. Rhine: A communication from the City Clerk advising of your resignation as a City representative of the Roanoke Valley Greenway Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 17,2010. On motion, duly seconded and adopted, your resignation was accepted. On behalf of the Members of Roanoke City Council, I would like to express appreciation for you r service to the City of Roanoke as a City representative of the Roanoke Valley Greenway Commission fromJune 16, 2008 to April 30,2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, - . ht, iYl~tM.) tephanie M, Moo'~ C City Clerk Enclosure pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. 0, Box 29800, Roanoke, Virginia 24018, w/enclosure \,,~,;'- . ,: ,:-, .'I~ ' :~ z .G; n o o z' - ....., - o z o ..':'J1.' ';';''"0 ..~ ~ t'r.l~ n- qn .>-<:.. en t'r.l 0:;;0 "Tj< :;;0- oQ ~..~..,. ~r~ ~ b -<:' G; 8 z 0 t:1 t'r.l G; t:1 H o . ~".. .' "'t1 ~ .~. .~. . .,;, -"l": ~ >--l tTl ",,'CZl .~ . ~,:.,,, :}" :;;0. ,- o . :> z> ,O.Vl .~ ~. n . ~"~:' ;~ .... ~ ..j~ .. ~ t'r.l "Tj' p':;;O' ." ....., _ :;;0':;;0 t'r.l ,. o 0'0\ 0 tr1 en:' ~ ~"~zt'r.l~ 00""" o;,~ ~ > " >....., --<.<: nt'r.l 00 ~"Tj ~....., ,-~ ~t'r.l .- ~ t:1 .~. '0 "Tj -.,,": ~ t""i, ~. N > = ~ ~ == ~ .~ == ~ ~ ~ ) .~:' ~. G;" r:/1 tn Z H tn tj ~ o n .tr1 .~ ~ ::.:E', n > .~ tr1 o ~' ?; ~. ~, tI1 n ~ > H ~ 0, Z ~ ") STEPHANIE M. MOON, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853-i145 E-mail: derk@roanokeva.gov May 17, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: JONATHAN E. cRAFT Deputy City Clerk CECEUA T. WEBB Assistant Deputy City Clerk This is to advise that Marie Greene has tendered her resignation as a member of the Fair Housing Board, effective May 7, 2010. Sincerely, ~'m. h)o\MJ Stephanie M. Moon, CMC City Clerk ., CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone:' (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 28, 2010 Marie E. Greene 4652 Nelms Lane, N, E, Roanoke, Virginia 24019 Dear Ms. Greene: A communication from the City Clerk advising of your resignation as a member of the Fair Housing Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 17,2010. On motion, duly seconded and adopted your resignation was accepted, On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Fair Housing Board from September 8, 2009 to May 7,2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service, Sincerely, ~M~'{Yrw City Clerk Enclosu re pc: Anthony M. Reed, Vice Chair, Fair Housing Board, 4123 Guernsey Lane, N, W., Roanoke 24017 . ?; '"1::l Z tI ~ ~ <: ~ ~6 ~ ('") -<:> 0 o. ~ 10 to 0 ~ ~ ~ ~. ~ n 10 trj CZl ~ 00 p:: ~ trj"Tj - (/) ~8 "Tj ~ 0....., ...... ~"rj> ~ -.....l ~ ~ .....,(/) ....., ~>(/) n 0""" p:: ....., ;;3> '"d > .....,~ o~p::~ g; ~tJ tJ ~""d8t'r.l ~ t'r.lz =< >....., ~ ~ r:/J trj 00 --<t'r.l(/)t:e ~ ~ 0 ~'"O 0 -.....l~Zt'r.l "Tj ~~o:;;o ~ ~ ":l:j o~ s:;;ot:eO tr:1 > "rj~ oooO"Tj ~ 0 i:dn ~ ~ >--....., ~ ~ ~ o(/) N~P:: ~ ~ CZl ~~ g t'r.l 0 G; >--l ~ (J~ \0 0< ~~ ~ ~n N n 0 > (J>-< >--l t'r.l ...... t"""'tIi tIi "Tj 0 ~i CZl ~ ~ ~ ....., ~ 0 ~ ~ ~ ~ ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E.CRAFT Deputy City Clerk CECELIA T. WEBB Assist~nt Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 17, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Lieutenant James Fazio has tend~red his resignation as a member of the Towing Advisory Board, inasmuch as he has retired from the Roanoke Police Department, effective March 30, 2010, Sincerely, ~~h,.~ Stephanie M, Moon, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 28, 2010 James Fazio 3406 Kim Court Apt B1 Roanoke, Virginia 24018 Dear Mr. Fazio: A communication from the City Clerk advising of your resignation as a member of the Towing Advisory Board was before the Cou ncil of the City of Roanoke at a regular meeting held on Monday, May 11,2010, On motion, duly seconded and adopted your resignation was accepted, On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Towing Advisory Board from October 2, 2006 to March 30, 2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~m.dn6FYU Stephanie M. Moon - / City Clerk Enclosu re pc: Harold Wallick, Officer, Patrol Administration, Roanoke Police Department ?; Z '"d ~ 0 ~ ~ -< tr:1 n ~...... 9 :>0 0 -<:> ~ o. :;:otc - n 0 ....., 0 ~ """" ~~ z tI1 ~ ....., :::0 o' ::c: ~ t'r.l"Tj - CZl .....,. ~ ~o "Tj0 ~- tJ~ - ~ ......:J .....,:;;o~> n .....,CZl ....., OOZCZl ~ > ~.~ ::c: > ~C1> ~ ~ ~d>~ s~ 0 not'r.l ~ r:/1 tI1 ~ n.....,<~ tr1 ~ 0 00 ::c:~t;jt'r.l rJl ~~ 0 UJt'r.lo:;;o ~ ~ ~ o~ "Tj P:;;o:;;Oo t'Jj > NN--<"Tj N d I-rj~ o~ 1-1 ~ :;;on ~ _NO:;""" 0 ~ ~ OCZl ooO::c: 0 .~ CZl ~t'r.l --< ~~t'r.l ~ O~ n (')""d ~~ ~ ~n N > 0 >--l t'r.l - ~ (')...... tTl "Tj 0 t""'tr:1 CZl > ~ tr:1~ ~ """" 0 ~. >-j .~ ::c: Z 0 ~ 0 z OFFICE OF THE GENERAL REGISTRAR Registrar May 7, 2010 Ms. Stephanie Moon, City Clerk 215 Church Avenue, SW Municipal South, Room 456 Roanoke, Virginia 24011 Dear Ms. Moon: Pursuant to Section 24.2-675 of the Virginia Code of Election Laws, attached is an attested photocopy of Abstracts of votes cast in the General Election held in the City of Roanoke on Tuesday, May 4, 2010. Yours Truly, ~~ General Registrar City of Roanoke Room 109 Municipal North 215 Church Avenue, SW" Roanoke, Virginia 24011 (540) 853-2281 Fax (540) 853-1025 P.O. Box 1095, Roanoke, Virginia 24005 ABSTRACT OF VOTES Cast in the City.of ROANOKE at the May 4, 2010 General Election, for: , Virginia, MEMBER CITY COUNCIL AT LARGE ENTERATlARGE OR APPROPRIATE DISTRICT, WARD OR BOROUGH NAME NAMES OF CANDIDA TES AS PRINTED ON BALLOT Robert "Bob" Craig Mike A. Powell TOTAL VOTES RECEIVED (IN FIGURES) 2,798 2,454 A;th~ n ~'M'~' 'II' T~~Y" ' 'walker"" ~ -::....~.:.~~::...~::.:.~.:::=:~.:=~:::~:::=:.:.~.:.:-'=u~ 1";'97 2'"'--' Will iam D. " Bi 11" Be s tpi tch .................................................................. 3 , 225 Raphae 1 E. "Ray" Ferris .................................................................. 4.060 David B. "Dave" Trinkle .................................................................. 4.117 C.~rl no r.nnppr ...............u................................................. 700 .................................................................. .................................................................. .................................................................. Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,................................................. 58 Total Number of Overvotes for Office ........................................................... 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following persons have received the greatest number of votes cast for the above office in said election: David B. "Dave" Trinkle Raphael E. "Ray" Ferris William D. "Bill" Bestpitch Given under our hands this 5 th day of May, 2010. If!-~~:J.~~P ~ ~~}~ ~,~ .J>~-& ~,~~,t , Chairman , Vice Chairman , Secretary Secretary, Electoral Board COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE. WRITE-INS CERTIFICA TION Roanoke o COUNTY all CITY IXI General o Special Election o TOWN City Council OFFICE TITLE May 4, 2010 ELECTION DATE ,2010 Page 1 of 4 DISTRICT NAME OR NUMBER, IF APPLICABLE TOTAL VOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY 1. Invalid Write-Ins 2. Valid Write-Ins 3. Total Write-Ins [ENTER THIS FIGURE ON LINE'FOR'TOTALWRiTE:iNVOTESON'ABSTRAC;"-;'FORTHIS'CjFFicEr...... .1....... ....... ........... ...... ..... ........... ........... ......................... It 5 ENTER TOTAL INVALID 53 ENTER TOTAL VALID 58 ADD LINES 1 AND 2 ..................................................................................... I' VALID WRITE-INS - DETAIL LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,. AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) Michael A Allen ~ Jobert Barrett 2 1 1 Mike Allen John Amburn CONTINUED ON PAGES 2 THROUGH 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4. , 2010, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5 th day of MAY I 2010. , Chairman I Vice Chairman :!j~&. }l.}.. ~ ~4' I Secretary ....3-4, A . ~~t Secretary, Electoral Board WRITE-INS CERTIFICA TION - CONTINUA T/ON Roanoke KI General o Special Election o COUNTY ~ CITY o TOWN City Council OFFICE TITLE May 4 ELECTION DATE Page 2 2010 of 4 DISTRICT NAME OR NUMBER, IF APPLICABLE VALID WRITE-INS - DETAIL (continued) CONTINUE TO LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL CONTINUA TlON PAGES, AS NEEDED. AU VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1. TOTAL VOTES RECEIVED (IN FIGURES) Ronald Bingham 1 Tony Chapman 2 Chris Craft 1 Doug 'Conner 1 Amy Cosner 1 Kevin Costello 1 !. Webster Day 1 Beth Deel 2 Kim Duncan 1 Rand Fazar 1 William Futrell 1 Valerie Garner 2 Woopie Goldberg 1 Jeremy Holmes 1 Martin Jeffrey 1 James Jennings 1 Monica Jones 1 Brendan Kerr 1 WRITE-INS CERTIFICA TION - CONTINUA TION o COUNTY l>> CITY o TOWN City Council OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE VALlO WRITE-INS - DETAIL (continued) May 4, ELECTION DATE Page 3 ~ General o Special Election 2010 of 4 CONTINUE TO LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL CONTINUA TlON PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1. TOTAL VOTES RECEIVED (IN FIGURES) Brett Lemon Brett Winter Lemon Tia Malone Seth Marlow Roh McCo~aughy Cynthian Mullen-Gartland Druc1.lla G. Naff Gayle Naff Shawn O'Bannon JP Powell Valerie Rank Robin Reed Craig Sission \ Dan Smith Andrew Stephens Lara Thompson Tim Tuck David West ........... ........ .............. ........... 2 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 WRITE-INS CERTIFICA TION - CONTINUA TION Roanoke o COUNTY IX! CITY' 0 TOWN City Council OFFICE TiTlE DISTRICT NAME OR NUMBER, IF APPLICABLE VALID WRITE-INS - DETAIL (continued) May 4. ELECTION DATE Page 4 m General CONTINUE TO LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL, CONTINUA TION PAGES, AS NEEDED, ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1. Ken Wieringo Dan Wolfarth ................... o Special Election 2010 of 4 TOTAL VOTES RECEIVED (IN FIGURES) 1 1 Honorable Mayor, Vice Mayor and Council Members of the City of Roanoke The following is being submitted in this manner as the photocopy of Abstracts before you does not specify listing Invalid Write-Ins. Only Valid Write-Ins are required. ) Total Number of Valid Write-Ins + Invalid Write-Ins 58 Total Number of Valid Write-Ins 53 Total Number of Invalid Write-Ins 5 The Write-In Certification is NOT 5% OR MORE of the total number of votes cast for this office AND NO Write-In candidate was elected to office. INVALID WRITE-INS SUE BEE DONALD DUCK GREEN HORNET THE FLY JOBERT "" \ @?) Arbor DaYFoundation~ P.O. Box 81415' Lincoln, NE 68501-1415' 888-448-7337 arborday.org We inspire people to plant, nurture, and celebrate trees. April 12, 2010 i The Honorable David A. Bowers Mayor of the City of Roanoke 215 Church Avenue SW Room 452 Roanoke, VA 24011 RECEIVED MAY - 3 2010 MAYOR'S OFFICE \ ~, Dear Mayor Bowers, The Arbor Day Foundation congratulates Roanoke on being named a Tree City USA@ community for 2009. Residents of Roanoke should take pride in the fact that they live in a community where planting and nurturing trees is a priority. You already know that trees are a vital component of the infrastructure in cities and towns, providing environmental and health benefits for your citizens. In fact, trees are a rare component of a community's infrastructure in that they actually increase in value and service over time from a modest investment. Enclosed is a press release for your convenience as you prepare to contact your local media to share this commendable achievement with the public. We hope you are excited to share the significance of this accomplishment. If you wish to receive this press release in electronic form, please email Mark Derowitsch, Public Relations Manager of the Foundation, at mderowitsch@arbordaV.orQ. We will send it to you within one business day. The Tree City USA program is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. Today, more than 3,400 cities and towns have been recognized as a Tree City USA community. State foresters ~re responsible for the presentation of the Tree City USA flag and other materials. We will forward your awards to Barbara White in your state forester's office. They will be coordinating the presentation with you. It would be especially appropriate to make the Tree City USA award a part of your community's Arbor Day ceremony. Again, we celebrate your diligence in improving the quality of life for the citizens of Roanoke and thank you for creating a healthier, more sustainable world for us all. Best regards, ~.~ John Rosenow Chief Executive cc: Daniel J. Henry Enclosure For more information, contact Mark Derowitsch, Public Relations Manager, at mderowitsch@arbordav.ora or call 888-448-7337. News from @Arbor Day FoundationN P.O. Box 81415' Lincoln, NE 68501-1415' 888-448-7337 arborday.org We inspire people to plant, nurture, and celebrate trees. FOR IMMEDIATE RELEASE: Arbor Day Foundation Names Roanoke Tree City USA@ Community Roanoke, VA, was recognized by the nonprofit Arbor Day Foundation as a Tree City USA community for its commitment to urban forestry. It is the fifteenth year Roanoke has earned this national designation. The Tree City USA program is sponsored by the Arbor Day Foundation in cooperation with the National Association of State Foresters and the USDA Forest Service. Roanoke has met the four standards to become a Tree City USA community. Tree City USA communities must have a tree board or department, a tree-care ordinance, a comprehensive community forestry program, and an Arbor Day observance and proclamation. "We commend Roanoke's elected officials, volunteers and its citizens for providing vital care for its urban forest," said John Rosenow, chief executive and founder of the Arbor Day Foundation. "Trees provide numerous environmental, economical and health benefits to millions of people each day, and we applaud communities that make planting and caring for trees a top priority." Communities that earn Tree City USA recognition not only have taken the time to meet the four standards, they know that trees: · Promote healthier communities by filtering the air we breathe by removing dust and other particles. · Moderate climate, conserve water and provide vital habitat for wildlife. · Reduce the heat island effect in urban areas caused by pavement and buildings. · Increase property values and reduce energy use and add beauty to our homes and neighborhoods. More information about Tree City USA can be found at www.arbordav.orqlTreeCitvUSA. About the Arbor Day Foundation The Arbor Day Foundation is a nonprofit, environmental and education organization of nearly one million members, with a mission to inspire people to plant, nurture, and celebrate trees. More information on the Foundation and its programs can be found at www.arbordaV.orQ. STEPHANIE M. MOON, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov May21,2010 Kathryn Van Patten, Director Court and Community Corrections 1627 East Main Street Salem, Virginia 24153 Dear Ms. Van Patten: JONATHAN E. CRAFT Deputy City Clerk CECELIA R. WEBB Assistant Deputy City Clerk This is to advise you that the Honorable Octavia Johnson has qualified as a City I representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a three-year term of office ending June 30, 2013. Sincerely, ~~h1, h\bl)vJ . '- Steph~nle M. Moon, CMC City Clerk L\CLERK\DA T A \CKSM I \Oaths\Court -Community Corrections Program\Octavia Johnson Qualification,doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Octavia Johnson, do solemnly affirm that I will support t~e Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Court Community Corrections Program, Community Criminal Justice Policy Board, for a three-year term of office ending, June. 30, 2013, according to the best of my ability (So help me God). #-~ -' Subscribed and sworn 10 before me Ihisl.o.'-I1 day of ~ 2010. OF THE CIRCUIT COURT ,~ L:\CLERK\DA T A \CKSM 1 \Oaths\Court-Community Corrections Program\Octavia Johnson oath.doc CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S,W Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle DAVIDA. BOWERS Mayor May 17, 2010 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of Landon Moore, Director, Star City Soccer Foundation to share information regarding English Language Learners in Roanoke City Public Schools, at the regular meeting of City Council to be held on Monday, May 17, 2010, at 2:00 p.m. Sincerely, ~ rfi#- Sherman P. Lea Vice-Mayor ~ Court G. Rosen Council Member SPUCGR:ctw ~ ~ ..., s:1 as 0 lot Cd ~ bO .... .... s:1 ~ a .... ..... a bO ~ ~ lot ~"; .... .... ~ ~ :> U s:1 .. < G) (.) as ~ G) 0 Q G) d (.) bO as = 0 ~ Ci-I.' ~ " " ~ G)" 0 lot s:1 < s:1 .... t::) , '. .... rn CO bO.Q s:1 ..., ~ 0 .... = ..., 0 rn ~ G) rJ'j ~ ~ ..... 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'0 "- 0 u Q) ~ ltl "- C. ... ... 0:: ::J ~ ltl 0 u .0 ... C. u Vl .... c1\,o ~\Io IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of May, 2010. No. 38810-051710. A RESOLUTION authorizing the City Manager to enter into any and all necessary and I' appropriate agreements to complete a street-improvement project at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., in the City of Roanoke, which is being funded by the Federal Highway Safety Improvement Program and the Virginia Department of Transportation. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized on behalf ofthe City to execute and attest, respectively, all necessary and appropriate agreements to complete a certain street improvement project at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., in the City of Roanoke, Virginia, which is being funded by the Federal Highway Safety Improvement Program and the Virginia Department of Transportation, all of which is more particularly described in the City Manager's letter dated May 17, 2010, to City Council, such agreements to be in such form as are approved by the City Attorney. ATTEST:,,' . .1-hn~~:I-~. mb~ ,~~ G \;~pty Clerk. .,,"-;..... R-Appropriation of VDOT Project Funding,doc ~ IN THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA The 17th day of Kay, 2010. No. 38811~051710. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to the Intersection Site Distance Improvement project, amending and reordaining certain sections of the 2009-2010 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 Capital Projects Fund Appropriations be, and the s~me are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08-530-9719-9007 $ 300,000 Revenues VDOT -Intersection Site Distance Improvement 08-530-9719-9719 300,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~ST() '"',' _ ' Atq-/t~~m. ~aY\J ':City,Clerk. r, \~' :" CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov May17,2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ, Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appropriation of VDOT Project Funding Background: The Federal Highway Safety Improvement Program (HSIP) is a federally funded program that is designed to improve traffic safety by reducing crashes on streets or at intersections. This Program is funded with 90% federal funding and 10% State funding. No local match is required. The Transportation Division submitted a project proposal to VDOT and has been awarded funding. The proposed project will improve left turn lane storage, minimize left turn related crashes and upgrade signal equipment at the intersection of Orange Avenue and Blue Hills Drive. The project cost is expected to be approximately $300,000. Considerations: While no local funding is required for this project, VDOT requires that the locality administer all phases of the project. VDOT will approve locality actions at various stages of project implementation and will reimburse the City upon completion of different phases. Honorable Mayor and Members of City Council May 17, 2010 Pag e 2 A capital account (08-530-9719), entitled "Intersection Sight Distance Improvement-Orange Avenue and Blue Hills Drive/Mexico Way" has been established. Recommendation: Adopt the accompanying budget ordinance to establish a revenue estimate in the Capital Projects Fund (account 08-530-9719-9719) in the amount of $300,000, appropriate the same amount into account 08-530-9719-9007 and authorize the City Manager to execute, on behalf of the City of Roanoke,' all necessary agreements required in conjunction with the project; such agreements to be approved as to form by the City Attorney. (jtt[mitted, Chris~r P. Morrill City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager CM 1 0~00078 pj. ;'<...;:v; ;"" , \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of Kay, 2010. No. 38812-051710. AN ORDINANCE approving a Second Amendment to the New River Valley Commerce Park Project Participation Agreement; authorizing the Mayor and the City Clerk to execute and attest, respectively, such Second Amendment; authorizing the Mayor and/or the City Manager to take such actiQns and execute such documents as necessary to implement, administer, and \ enforce such Second Amendment; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City entered into the New River Valley. Commerce Park Project Participation Agreement dated October 14, 1999 (Participation Agreement), which was authorized by Ordinance No. 34498-100499, adopted October 4, 1999, by which the City became a participant in the New River Valley Commerce Park Project which was being ( undertaken by Virginia's First Regional Industrial Facility Authority (Authority); \ WHEREAS, by an Amendment dated August 8, 2001, to the Participation Agreement, authorized by Ordinance No. 35542-090401, adopted September 4, 2001, the City and the other parties to the Participation Agreement allowe~ the withdrawal of the County of Wythe, Virginia, from the Participation Agreement and the New River Valley Commerce Park Project; WHEREAS, participating member jurisdictions, through the New River Valley Commerce Park Participation Committee and the Authority have determined that it is necessary to amend the Participation Agreement further to reflect changes in the Commerce Park Project and to address other related provisions, all as further set forth and outlined in the City Manager's O-Second Amendment-NRV Commerce Park.doc letter dated May 17, 2010, to this Council and the proposed Second Amendment to the New River Valley Commerce Park Project Participation Agreement attached to such letter; and WHEREAS, the Authority has requested the City to authorize such Second Amendment to the Participation Agreement in order to address those items and matters'set forth in such Second Amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the provisions of the Second Amendment to the Participation Agreement as set forth in the above mentioned City Manager's letter, provided that such Second Amendment will be the same or substantially similar to the one attached to such letter. 2. The Mayor and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a Second Amendment to the Participation Agreement in a form substantially similar to the one attached to the above mentioned City Manager's letter, such Second Amendment to be approved as to form by the City Attorney. 3. The Mayor and/or the City Manager are each authorized to take such actions and, execute such documents as necessary to implement, administer, a,nd enforce such Second Amendment. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. A1:Tf.ST:C .. ;t~~~ an, ~OW City Clerk. O-Second Amendment-NRV Commerce Park,doc ? CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 ChurdCAvenue, S.W., Room 364 Roanoke, Virgin(924011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov May 17, 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: Second Amendment to the New River Valley Commerce Park Project Participation , Agreement In September, 1998, in order to promote economic development opportunities at a multi-regional level, the City of Roanoke joined with fourteen other jurisdictions in the Roanoke and New River Valley regions to form "Virginia's First Regional Industrial Facility Authority" (Authority). The Authority was formed in order to provide the framework for the planning, development and implementation of specific economic development projects to benefit the member jurisdictions. One such project, The New River Valley Commerce Park, located adjacent to the New River Valley Airport in Pulaski County, was initiated by twelVe of the Authority's member jurisdictions through the execution of the "New Rivet Valley Commerce Park Project Participation Agreement-Initial Phase" (Participation Agreement), dated October 14, 1999 (Attachment 1). This Participation Agreement established the initial scope of the Commerce Park project, outlined the investment to be made into the project by participating member jurisdictions and the Authority (through the purchase of shares), and addressed future revenue sharing from the Commerce Park to the participating member jurisdictions. The Participation Agreement was amended in 2001 in order to provide for the withdrawal of Wythe County from the Participation Agreement, and to provide for the purchase of Wythe County's shares in the Commerce Park project by some of the remaining participating jurisdictions. Honorable Mayor and Members of City Council May17,2010 Page 2 Participating member jurisdictions, through the New River Valley Commerce ,Park Participation Committee and the Board of Virginia's First Regional Industrial Facility Authority, have determined that it is necessary to amend the Participation Agreement further to reflect changes in the Commerce Park project since 1999, and to address other related provisions as outlined below. Considerations The proposed Second Amendment to the Participation Agreement (Attachment 2) addresses the following: 1. Restatement of the overall scope of the Commerce Park project to reflect current status of the Park, and to outline future planning goals; 2. Amendment of the definition of the voting majority required for the acquisition or disposition of Commerce Park property from solely a simple majority of the total amount of Commerce Park shares to require, in addition, the affirmative vote of seven of the eleven member jurisdiction's representatives; 3. Update to the Commerce Park project's financing plan to reflect the current status of outstanding debt and identifying additional sources of revenue. The amendment of this part of the Participation Agreement does not result in the participating jurisdictions incurring any additional costs beyond existing dues and annual share payments; and 4. Amendment to the revenue sharing provIsions of the Participation Agreement to provide for the sharing (based on the formula set forth in the Second Amendment) of real estate and business personal property taxes generated from the Commerce Park's development among the participating jurisdictions. Such sharing will be a moral obligation of Pulaski County, subject to annual appropriation by Pulaski County. ' The original Participation Agreement only provided for sharing of proceeds from machinery and tool taxes. The amendment also provides that this additional revenue sharing may be used for the purpose of providing incentives as allowed by law, for business attraction to the Commerce Park upon approval by seven of the eleven partiCipating jurisdiction representatives, and a majority of shares. ' '" Honorable Mayor and Members of City Council May17,2010 Page 3 The proposed Second Amendment was approved, by the New River Valley Commerce Park Participation Committee on November 19, 2009, and by the Board of Virginia's First Regional Industrial Facility Authority on January 13, 2010. The Second Amendment is now in the process of being approved by the governing bodies of the eleven participating jurisdictions. Assistant City Manager Brian Townsend and City Councilman Rosen are the City's representatives on the Participation Committee and the Authority Board. Recommended Action: Authorize the Mayor and City Clerk to execute and attest, respectively, the Second Amendment to the New River Valley Commerce Park Project Participation Agreement in a form substantially similar to the one attached, with the form of. such Second Amendment to be approved by the City Attorney. Authorize the Mayor and/or the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Second Amendment. e ~u114 su mitted, i risto~k~r P. Morrill City Manager Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Economic Development Manager eM 10-00082 Attachment 1 '. " ..4-. 1: ~ _....;...._ '&.".1 t .j . NEW RIVER VALLEY COMMERCE PARK PROJECf PARTICIP~ nON AGREEMENT w INITIAL PRASE THIS AGREEIvIENT, dated this the ~~day of ~d6b4-4-. 1999 by and between VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHOIUTY. a body corporate, organized and created pursuant to Chapter 64 of Title 15.2 of tbe Code of Virginia. 1950, as amended, (the .. Authority") and THE COUNTY OF CRAIG, VIRGINIA; THE COUNTY OF GIT..ES, Ym.GINIA; THE COUN'DY OF MONTGOMERY, VIRGINIA; THE COUNTY OF PULASKI, VlRGJNTA; THE COUNTY OF ROANOKE, VIRGlNIA; 1'RE COUNTY OF WYTHE, VIRGINIA; THE COUNTY OF BLAND, VIRGINIA; THE CITY OF RADFORD, vtRGINIA; THE CITY OF ROANOKE, VIRGINIA; THE TOWN OF DUBLIN. VIRGINIA; THE TOWN OF PEARISBURQ, VIRGINIA; and THE TOWN OF PULASKI, VIRGINIA, political subdivisions of the Commonwealth of Virginia and members of the Authority and participating jurisdictions herein (the "Participants"), WITNESSETH: WHEREAS the Authority has been created under the provision of Chapter 64 ofTit1e 15.2 of the Code of Virginia.. 1950, as amended, to promote economic development in the region; and, WHEREAS the Participants and the Authority have identified the developinent of the New River Valley Commerce Park, Initial Phase. located at the New River Valley Airport in Pulaski County. Virginia (the ''Project''), as an important project for the region to promote the purposes for which the Authority has been formed; and, WllERE~S the A\lthority and the Participants desire to enter into this Agreement for the purpose of establishing the scope of the Project. the investment therein of the Authority and the Participants and the revenue sharing from the Project. NOW TBElmFORE, in order to carry out the purpos~ for which the Authority was fonned and to create a project which will promote the economic develo.om~,J;\t of the region and the . !\, 'v'tJt (;Ur~f Participants. the parties hereto do hereby agree as follows: ~STE: Page 1 ofH , " " '.' . I PROJECT DESCRIPTION The New Ri,!er Valley' Commerce Park, Initial Phase ("Project") may. subject to funding, include the following items: . acquisition of 326 acres. of land located in Pulaski County, Virginia (the "host locality") near or adjoining the New River'ValleyAirport; . acquisition of easements for access, water supply, . waste water disposal for the Project; . continuation of options for approximately 739 acres ofland adjoining the Project for a period of five additional years; . construction of.] mile of four lane divided access road to the Project site from the existing public road: . site grading of at least 40 acres of land to demonstrate the constructi.on of an industrial pad up to 150 acres in size and a demonstration of the construction of an I additional pad of ut' to 200 acres; . detailed engineering planSforthe provision of up to 6 million gallons of water supply and waste water disposal per day for the Coinmerce Park. Any enlargement of the scope of the Project in excess of these components shaH require unanimous consent of ali Participants. II PROJECT UNDERTAKEN IN THE NAME OF THE AUTHOlUTY The development of the Project shall be undertaken in the name of the Authority and, subject to the terms of this Agreement, the Authority, shall own, hold, lease> use, sell, encumber. transfer, and dispose of any real or personal property comprising part or all of the Project, provided, however, that the Authority is herel\fterrequired to take all actions related to the Project as directed by the Page 2 of11 " Project Participation Committee and may not lease, use, sell, encumber, transfer or dispose of any real or personal property comprising part or all of the Project or take any action or perfonn any function related to the Proj eet or any pornon thereof without the express direction and approval of the Project Participation Committee. m ADDITIONAL PHASES The Project herein described is the Initial Phase for the New River Valley Commerce Park. All parties hereto recognize that development of the New River Valley Commerce Park may involve several p~ases beyond the Initial Phase. In the event additional Phases to the Commerce Park are undertaken by the Authority, the Participants herein shall have first priority to purchase shares in such additional Phases to t,he Commerc~ Park in the same proportion as their ownership in the Initial Phase at such price as the parties shall h~reafter agree, but no Participant in this Project shall be obligated to purchase any additional shares in this or any other Phase of the Commerce Park. IV PROJECT PARTICIPATION COMMlTTEE The New River Valley Commerce Park Participation Committee (the "Committee").. made up of one representative of each participating jurisdiction, shall have sole responsibility for the decisions required for the construction. management, and overall implementation of the Project. The Committee shall set its own rules of operation, elect its own officers, and require the Authority to take the actions necessmy to implement and operate the Project retain Project consultants and utilize staff as needed for the Project. The affairs of the Committee shall be conducted by the majority of the shares entitled to vote unless this Agreement requires unanimous consent and each share shan be entitled to one vote. Page 3 of 11 v ANNUAL BUDGETS AND DEFICITS As soon as practicable after the Committee has formed, and by March 1 of each future year, the Committee shnll develop and present to the Participants in the Project its operating and capital budgets for the fiscal year beginning the following July 1, showing all contemplated expenditures for operations. ca.pital eKpenses, debt service and all anticipated. revenues from revenue sharing, federal and state grants, and other sources. This annual budget shall be approved by the Committee on or before July 1 of each year, Each Participant and the Authority shall be entitled to review the financial recards of the Committee upon request. There shall'be an annual audit of the Committee's financial records performed by a licensed Certified Public Accountant and each annual audit statement shall be furnished to each Participant The offering share price, to be paid annually by the Participants to the Authority, shall include payment of annual debt service, including financing costs and expenses and administrative costs and ,_ expenses for the Committee to operate the Project. No additional costs or expenses of the Project, including administrative expenses shall be charged to any Participant without the e1q)ress written '- consent of that Participant. VI FINANCING Financing oftl:te project shall be arranged in the name of the Anthority. All loan obligations for the Project shall ~e the sole responsibility of the Committee and the Participants in the Project which shall reimburse the Authority for all ex.penses incurred by the Authority for the Project. Without its elCpress consent, a Participant shall not be responsible for any portion of such loan obligations and expenses in excess of its proportional interest in the total outstanding shates of the Project . Page 4 of 11 vn LIMITA nON OF LIABILITY The Committee shall ensure the payment of all obligations, costs and expenses for the lmplementation of this Project such that the Participants are solely responsible for discliarging the Authority's obligations in respect to the Project. Non-participating members of the Authority and the Authority itself are not responsible for the financing or debts of the Project or the Project Participation Committee. vm CONTRIBUTIONS AND OWNERSHIP The ownership interest in the Project shall be determined as follows: 1. E~ch member locality in lhe Authority shall be offered III 5th share in the Project, or 10,000 shares ofa 150,000 Share Pool. The vaJue of the shares is dependent upon the financing structure ofthe Project and shall include an amount for the annual payment of administrative expenses. Localities can decide if they wish to accept any or all of the offered shares; 2. AJl shares not taken under provision I shall be then offered to those localities which have agreed to purchased shares in the Project. Each of those lOC3lities may purchase that portion of the remaining shares equal to the proportion of shares that locality initially purchased of the total shares purchased by all localities under provision 1; 3. Any shares in the Project thereafter remaining shall first be offea-ed to the host locality; 4. AJly shares thereafter remaining shall then be offered to others, including private or other non-member investors, on such terms and for such consideration as detennined by the pmticipating localities. 5. Each partiLipating locality ("Participant") will contribute annually to the costs and expenses of the Project, including repayment of any financing, with interest and eKpen~, Page 5 of 11 in proportion to the amount of shares it owns to the total outstanding shares, subject to the limitation that a Participant's annual contribution, per share, shaU not exceed, without its consent, the initial share price. Each Participant will receive a distribution of revenue from the Project as provided in Article XII ofthi"s Agreement, resources permitting. The initial annual payment sh~lI be made by each Participant within thirty (30) days after execution of this Agr.eement by all. Participants. Should any Participant fail or neglect to make any such annual contribution to support the Project, including the repayment oftinancing and all costs and expenses, and such failure continues for more than twenty (20) days after written demand by the Committee, such Participant shall forfeit and lose any and all interest and shares in the Project and such forfeited shares shall be redistributed among the Participants as provided in this Article. Such forfeiture of shares shall not relieve such Participant of any liability related to the Project. IX FINANCING PLAN The financing plan for the implementation of the Project is a combination of grant and loan sources. Financing for the Project will require the Participants to share in the alU1ual debt service and costs on the funds borrowed to complete the Project and adminisfrative costs and e~enses. The total estimated cost of the Project is $6,908,500, and the revenue sources are as follows: AMOUNT $1,375,0"00 $1,000,000 $ 450,000' $2,041,750 $2,041,750 Virginia State Grant EOA/ARC Gmnt VDOT Access Road Grant Rural Development Loan Guarantee Rural Development Direct Loan Page 6 of II The annual payment required for each share is that amount which when multiplied by the total shares outstanding will pay the a~nual debt service on ~e loans to support the Project and shall include an annual administrative fee as agreed by the Participants. It is agreed that the annual share price will support the Project, including costs offtnancing and administrative costs and expenses llJld . that a Participant's annual payment per share shall never exceed, without its consent, the initial share price. Annual payments by the Participants shall continue until all debt repayment is accomplished and may be reduced as loans are paid. After all debt service is retired, the annual contribution of each Participant shall be reduced to that amount which will pay the ann~al administrative fee as agreed by the Participants. X REQUIREMENT FOR DEVELOPMENT OF THE PROJECT All business(es) or industry(ies) locating in the Project shall execute a perfonnance agreement with the Authority, the Committee and lhe host locality. Should such business(es) or industry(ies) require improvements in the infrastructure ofthe host locality which cannot be provided through rate based financing, the perfonnance agreement shall provide for payment for such infrastructure on such basis as all parties to the performance agreement, including the host locality, shall agree. The performance agreement shall contain such other terms and conditions as the parties may agree, and may include a guarantee for payment of sufficient revenue from the business(es) or industry(ies) to generate an acceptable level of Revenue to the host locality and the Participants and may include a guarantee that such payment and the Revenue will not be reduced by any reduction of the tax rate, abolition of the machinery and tools tax. or reduction in the tax paid by the business(es) and industry(ies) after siting because oCaceduction io the amount of machinery or tools on tIle site. The governing body of the locality in which the Project is located (the "host locality") shall have the sole an4 absolute right to approve or disapprove the business or businesses, industry Page 7 of 11 '. or industries which shall be allowed to locate in the Project. Xl P ART1CIPANTS MAY SELL SHARES Participants in the Project are authorized to sell their shares in the Project subject to the approval of the Committee. Prior to offering such shares for sale to any party, the Participant shall first offer the shares to the remaining Participants in the same order as contained in Section vm of this Agreement and at the same price as to be offered for sale to others. The conditions of sale must also be accepted by the bondholders or their representatives. and all other secured creditors. xn . REVE],;'1JE SHARING Revenue is defU'led as the taxes paid by all the business(es) and industry(ies) located in the Project calculated on the machinery and tools to be located by that business or industry in the Project at the tax rate in existence in the host locality at the time of the execution of this Agreement ,.or any increased tax rate imposed by the host locality hereafter. The tax rate in eKistence ill the host locality of the Project, Pulaski County,. Virginia, is, as of the date of the execution oitrus Agreement One Dollar Fifty Cents ($1.50) per One Hundred Dollars ($lOO.DO) of value as assessed at Forty Eight percent (48%) of. original capitalized cost (the Utax rate"). Revenue a.mounts shall be . determined and 'agreed to prior to the siting of any business or industry on the Project. Neither reduction of the tax rate hereafter. abolition of the machinery and tools tax or reduction in the tax 'paid by the business(es) and industl)'(ies) after siting because of a reduction in the amount of l11achinecy or tools on the site shall reduce the revenue to be paid to the Authority by the host locality. . The revenue generated from the Project will be paid tQ the Authority by the host locality in perpetuity and distributed as follows: 1. The remaining revenue shall be distributed fIrst to pay any current installments of debt due on the Project. including financing payments of principal ane! interest. and all costs and Page 8 of 11 ..' expenses. 2. Because the locality in which the project is located will incur costs, such os police, fire and public safety expenses, and will suffer loss of income from state and federal sources because. of the location ofilia project, the host loc3lity shall retain 5% of the Revenue as a "host fee."; .. ~. The Au tho rity will retain an administrative fee of I % of the revenue received from the host locality; 4. Any remaining revenue shall be and then distributed to the Participants in the Project based upon their percentage of shares owned in the Project xm WITHDRA W AL AS A PARTICIPATING JURISDICTION Once obligatiol'ls have been incurred by the Authority in favor of the Project, participants in the Project may witbdraw from the Project only as the other participants may unanimously agree. The conditions of withdrawal must also be accepted by ail secured debtors and bondholders or their representatives. XIV ANNUAL APFROPRIA TIONS The revenue sharing, payments and contributions to the Authority and the Committee herein required by the participants are specifically authorized as to local governments pursuant to ~ 15.2- 6406 and ~ 15.2-6407 of the Code of Virginia, 1950, as amended. In the event such code provisions are held to be invalid so that the payments and contributions hereunder may be considered to be the debt of a local government pursuant to Article VII, Section IO of the Virginia Constitution, such payments and contributions shall not be debt of such participating loeal government but shall be subject to and dependent upon annual appropriations being made from time to time by its governing bodyaI1.d each panicipating locality agrees that its chief administrative officer shall annually request, and use his or her best efforts to secure the governing body's approval of such annual a~propriations. Page 9 oflI . . uecessmy to Inl:lkc such payments and contributions as required by the provisions of tills Agreement xv AMENDMENT This A.greement may be amended "om time to time as the parties may agree, provided all amendments shall be in writing and- shall require unanimous consent of aU Participants and the consent of the Authority and the host locality, IN WITNESS WHEREOF, the Governing Bodies identified, by authorized action, have caused this Agreement [0 be executed, and their respective seals to be affixed hereto and attested by their respective clerks or secretaries cOIrunencing this 1'1,:1.{ day, of ~ , 1999. VIRGINIA'S FmsT REGIONAL INDUSTRIAL FACll-lTY AUTHOIUTY Approve" ..Form, ~ >L~ ~theBOard Attest: Attest~ Attest: ~ td.1QQ~ Clerk, Board of Supervisors Attest: () !1\. ~ ~-ro-~ Clerk, 'ity Council COUNTY OF GILES, VIRGINIA Ap.~onn: ft J /) ,\ ......-::: Ckl) <--' /11 ~ Attorney: Giles County Chairman, Board of Supervisors COUNTY OF PULASlO, VIRGINIA Approved as to Form: ~~. COUNTY OF WYTHE, VIRGINIA <u~~ \~ ~~ Chai an, Board of SupelVlsors CITY OF RQANOKE, VIRGINIA Approved as to Form: WJ..L.:, ,l-I..~ ~~ Attorney, City of Roanoke Mayor, City 0 Roanoke Page 10 of 11 . . .' COUNTY OF CRAIG, VlRGINIA Attest: Attest: ~ ---/ ~d of Supervisors Altest: ~ ca-lP-.... Clerk. Board of Supervisors Attest: ~~ Attest: ~~t~ Clerk. Town Council COUNTY OF MONTGOMERY, VIRGINIA: Approved a:s to Form: ~ 1"'Y\/v~~/W, ~~ Attorney, County ofMontg. Chainnan,~oard of Sup sors COUNTY OF proved as to Form: TOWN OF DUBLIN, VffiGINIA Approved as to Form: tJaIiw '" ~ Mayor, Town of Dublin ayor. Town OfPearjSb~ . COUNTY 01' BLAND, VIRG1NIA m: .'7tR:IIl 7 ty of Bland Chainnan. B~ors Page 11 of 11 Attacnment '2 SECOND AMENDMENT TO THE NEW RIVER V ALLEY COMMERCE PARK PROJECT P ARTICIP ATION AGREEMENT THIS SECOND AMENDMENT TO THE PARTICIPATION AGREEMENT (the "Second Amendment to Participation Agreement") is dated this _ day of ,2010 betWeen and among Virginia's First Regional Industrial FacilityAuthority and the Participants defined below. WITNESSETH: WHEREAS, the undersigned governing bodies are each member localities of Virginia's First Regional Industrial Facility Authority (''the Authority") a body corporate, organized and created pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 Title 15.2 of the Code of Virginia, 1950, as amended ("the Act"); and WHEREAS, pursuant to the authority granted under the Act to enter into agreements for the development of regional economic development projects the Authority and the County of Craig, Virginia, the County of Giles, Virginia, the County of Montgomery, Virginia, the County of Pulaski, Virginia, the County of Roanoke, Virginia, the County of Wythe, Virginia, the County of Bland, Virginia, the City of Radford, Virginia, the City of Roanoke, Virginia, the Town of Dublin, Virginia, the Town ofPearisburg, Virginia, and the Town of Pulaski, Virginia, each entered into the New River Valley Commerce Park Project Participation Agreement-Initial Phase dated as of October 14,1999 ("the Participation Agreement") for the development of the Commerce Park Project; and WHEREAS, on August 8,2001, the Participation Agreement was amended whereby County of Wythe was allowed to sell its shares to the remaining participants and withdraw from the Participation Agreement leaving the County of Craig, Virginia, the County of Giles, Virginia, the County of Montgomery, Virginia, the County of Pulaski, Virginia, the County ,of Roanoke, Virginia, the County of Bland, Virginia, the City of Radford, Virginia, the City of Roanoke, Virginia, the Town of Dublin, Virginia, the Town of Pearisburg, Virginia, and the Town of Pulaski, Virginia, as the remaining participants ("the Participants"); and WHEREAS, the Authority and the Participants desire to amend the Participation Agreement a second time by (1) expanding the scope of the Project Description to include all actions taken place to date and to acknowledge planning and feasibility analysis ofthose activities and projects that are in the Conunerce Park adopted Program of Work; (2) amending the required voting approval before the Participation Committee may act to lease, use, sell encumber, transfer or dispose of any real or personal property comprising of part or all of the Project; (3) amending the Finance Plan for the project by including the use of money from the sale of surplus property and the use of surplus Authority dues money upon unanimous consent of all member jurisdictions of the Authority, allowing the Authority to pledge such surplus Authority money, as well as confirm the outstanding debt on behalf of the Commerce Park; and (4) amending the Revenue Sharing provision to provide for the sharing of Business Personal Property taxes and Real Estate Taxes between the host community Pulaski County and the Participants with a portion of this additional revenue to be eligible to be offered by the Participants as incentive to attract businesses to the Commerce Park. NOW, THEREFORE, The Authority and the Participants agree and consent as follows: 1. That the Participation Agreement is amended in accordance with this Second Amendment to the New River Valley Commerce Park Project Participation Agreement and except as amended by the First Amendment and this Second Amendment, the Agreement is confirmed, reiterated and ratified. 2. The Scope of the Project Description as defined in paragraph I. of the Participation Agreement is hereby amended to include the following additional components: Page 2 of 9 ._'"-'--'_.'-'-~_.'_-'-""----~'---" ...~- -~---'_.~'---. ~.."'---- --.-.~------- · acquisition of all land located in Pulaski County, Virginia, now titled to the Authority, including: Acres from Tax Tax Man Parcel Map From: 036-005-0000-0003 411.981 J. B. Collins, ill & Sally Cloyd Collins Evans: Douglas R. Cullip & Emogene R. Cullip and Industrial Development Authority of Pulaski County, Virginia 047-048-0000-0004 36.520 Douglas R Cullip & Emogene R. Cullip; and Andy & Beekv Cullin ,047-048-0000-0010 65.222 Cullips and Evans/Collins in buffer zone 036-003-0000-0005 5.000 New River Valley Airport Commission member governments. for entrance road 036-003 -0000-0006 5.000 Pledged for transfer to NRV AiIllort Commission 036-005-0000-0003 340.898 Edwina Dalton Phillips purchase 037-001-0000-0021 55.102 Edwina Dalton Phillips donation Total Acrea2:e 919.723 From Tax Man , Developable Acreage 657.500 From Mav 2004 Master Plan · wastewater capacity reservation and cost recovery agreement of November 3,2005 for 24 " sewer gravity main crossing Shelor Race Complex ,. transfer of five acres to New River Valley Airport Commission member governments in return for the five acre entrance road parcel acquired from the Airport Commission · surplus property sale of36.532 acres zoned A-I including former Mebane house · reservation of one million gallons per day (MOD) water and sewer capacity from PULASKI COUNTY PUBLIC SERVICE AUTHORITY (PSA), along with customer pledge to pay one-third (1/3) ofPSA debt service for related three MOD system water and sewer expansion · marketing and development of large lots but also smaller lots in order to maximize the development of the Commerce Park · planning and feasibility. analysis of those activities and' projects that are in the Commerce Park adopted Program of Work including: o extension of rail service to Commerce Park sites; o extension of electric transmission line and substation to Commerce Park sites, including implementation ofthe American Electric Power plan of2008; 6. extension of Virginia Department of Transportation (VDOT) roadways to serve Commerce Park sites and along border with NRV Airport for a transportation thoroughfare; o disposition of additional land that may be declared surplus, including land southeast of Rhuebush Road and along the southern Commerce Park border in excess ofthe required 300 feet wide green-space buffer; ,0 host for the proposed Virginia1s Nanoteclmology Park; and Page 3 of 9 o additional projects with project based financing pursuant to the August 8,2001 Agreement for Project Based Financing by Virginia's First Regional Industrial Facility Authority. 3. Paragraph II of the Participation Agreement is hereby amended to require that the Participation Committee may not lease, sell, encumber, transfer or dispose of any real or personal property comprising the Project or authorize the Authority to do the same without an affirmative vote of both a majority of the shares entitled to vote and an affirmative vote of two- thirds of the Participants, which two-thirds is agreed to be seven of the eleven current members. 4. The Financing Plan as defined in paragraph IX of the Participation Agreement is hereby amended to recogruze the current debt obligations for the Commerce Park and include the following additional sources of revenue: . The proceeds of: · Rural Development Revenue Bond of March 19, 2002 with annual interest of 4.75% and June 30, 2009 outstanding balance of$I,971,008; · Rural Development Revenue Bond of March 2,2005 with annual interest of 4.35% and June 30, 2009 outstanding balance of$2,218,409; and · A commercial bank loan of March 19, 2002 with variable interest and June 30, 2009 outstanding balance of $1,177,588. · The use of money from the sale of surplus property that was previously purchased by the Participants but now deemed surplus. · The use of surplus Authority dues money upon unanimous consent of all member jurisdictions of the Authority authorizing the use of the surplus dues. · An estimated $3.1 million loan or other financing to the Pulaski County Public Service Authority to match a grant from the US Department of Commerce Economic Development Administration to be used for the purpose of extending water and sewer infrastructure to serve the New River Valley Commerce Park, of which financing one- third is to be pledged as a capacity reservation fee to provide one million gallons per day (MGD) water and sewer capacity to the Commerce Park. · Refunding of bonds, such as through procurement of new commercial bank fmancing, to replace existing commercial bank: financing, or other changes in debt financing, when deemed advantageous by the Commerce Park Participation Committee to reduce the cost of existing borrowing. This amendment to the Financing Plan shall not result in the Participants incurring any additional costs beyond the existing annual dues and their individual share payments. Page 4 of 9 5. The Revenue Sharing as defined in paragraph xn of t1te Agreement is hereby amended to include the sharing of additional tax revenues to include business personal property taxes and real estate taxes assessed by the host community Pulaski County to be shared between the host community Pulaski County and the Participants for a period of fifteen years as defmed below once these taxes are assessed due to a business locating in the Park. The parties agree that for the years 1 through 9 Pulaski County and the Participants shall share equally 100% of the business personal property and real estate taxes assessed. For years 10 through 11 Pulaski County and the Participants shall share equally 75% of the business personal property and real estate taxes assessed. For years,.12 through 13 Pulaski County and the Participants shall share equally 50% of the business personal property and real estate taxes assessed. For years 14 through 15 Pulaski County and the Participants shall share equally 25% ofthe business personal property and real estate taxes assessed. The parties recognize that Pulaski County's agreement to share the business personal property taxes and the real estate taxes assessed by Pulaski County as the host community with, the Participants is a moral obligation and not a legal debt of Pulaski County and the paym~nt of those additional tax revenues to the Participants is subject to annual appropriation of the Board of Supervisors of Pulaski County. The revenue generated from the business personal property taxes and the real estate taxes shall not be subject to the 5% host fee or the 1 % Authority administrative fee that is applicable to revenue generated by machinery and tools tax. The Participants agree that the business personal property and real estate taxes referenced above that would be generated in the first seven (7) years may be offered by the Participants as incentive to locate industry to the New River Valley Commerce Park upon an affinnative vote of both a majority ofthe shares entitled to vote and two-thirds of the Participants, which two-thirds is determined to be seven of the eleven current members. Page 5 of 9 . 6. If any provision of this Second Amendment to the Participatio~ Agreement shall be held invalid by any court of competent jurisdiction such holding shall not invalidate any other provisions hereof. 7. This Second Amendment to the Participation Agreement may be executed in any number of counterparts each of which shall be an original, together they shall constitute but one and the same Second Amendment to the Participation Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 9 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY Attest: Approved as to form: Secretary of the Authority Board Attorney, VFRIF A Chairman, Authority Board COUNTY OF BLAND, VIRGINIA Attest: Approved as to form: Clerk, Board of Supervisors County Attorney Chairman, Board of Supervisors COUNTY OF CRAIG, VIRGINIA Attest: Approved as to form: Clerk, Board of Supervisors County Attorney Chairman, Board of Supervisors TOWN OF DUBLIN, VIRGINIA Attest: Approved as to form: Clerk, Town Council Town Attorney Mayor COUNTY OF GILES, VIRGINIA Attest: Approved as to form: Chairman, Board of Supervisors Clerk, Board of Supervisors County Attorney Page 7 of 9 Attest: COUNTY OF MONTGOMERY, VIRGINIA Approved as to form: . Chairman, Board of Supervisors Clerk, Board of Supervisors County Attorney Attest: TOWN OF PEARISBURG, VIRGINIA Approved as to form: Clerk, Town Council Town Attorney Mayor Attest: COUNTY OF PULASKI, VIRGINIA Approved as to form: Chairman, Board of Supervisors Clerk, Board of Supervisors County Attorney Attest: TOWN OF PULASKI, VIRGINIA Approved as to form: Clerk, Town Council Town Attorney Mayor Attest: CITY OF RADFORD, VIRGINIA Approved as to form: Clerk, City Council City Attorney Mayor Page 8 of 9 Attest: CITY OF ROANOKE, VlRGINIA Approved as to form: Clerk, City Council City Attorney Mayor Attest: COUNTY OF ROANOKE, VIRGINIA Approved as to form: Chairman, Board of Supervisors Clerk, Board of Supervisors County Attorney Page 9 of 9 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aveuue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA R. WEBB Assistant Deputy City <;lerk STEPHANIE M. MOON, CMC City Clerk May 21,2010 Arts Council of the Blue Ridge 20 East Church Avenue, Room 5 Roanoke, Virginia 24011 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding AdviSOry Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $16,100.00 was approved for the member and artist services for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Arts Council of the Blue Ridge. It is hoped that the City's investment plays a significant role in your ongoing progress and development.,,> Sincerely, ~ln.~ Stephanie M. Mon, CMC City Clerk L:\CLERK\DATA\CKSM1\Agenda Correspondence\May 17, 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk June 16,2010 Community High School P. O. Box 2104 Roanoke, Virginia 24009 Attn: Linda Thornton Dear Ms. Thornton: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $7,000.00 was approved for Marginal Arts Festival for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Community High School. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~~~'.~o~ City Clerk L:\CLERKIDATAICKSM1\Agenda CorrespondencelMay 17, 2010lRoanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16,2010 Grandin Theater 1310 Grandin Road, S. W. Roanoke, Virginia 24015 Attn: Kathy Chittum Dear Ms. Chittum: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $5,000.00was approved for Open Projector Night for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Grandin Theatre. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~ m. h1()~ Stephanie M. Moon,CMt City Clerk L:\CLERKIDATAICKSM1\Agenda CorrespondencelMay 17. 201 OIRoanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA R. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 21, 2010 Harrison Museum of African American Culture P. O. Box '12544 Roanoke, Virginia 24026-2544 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 1 7, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $18,000.00 was approved for the Henry Street Heritage Festival for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Harrison Museum of African-American Culture. It is hoped that the City's investment plays a significant role, in your ongoing progress and development. Sincerely, ~'rY\ .lY1bOvV Stephanie M. Moon,'cMc City Clerk L:\CLERKlDATA\CKSM1\Agenda Correspondence\May 17, 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk May21,2010 Opera Roanoke The Dumas Center 108 First Street NW Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the Ci.ty of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. l Funding in the amount of $14,100.00 was approved for the Madam Butterfly Production for the fiscal year commencing July 1,2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of Opera Roanoke. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~m,~~ Stephanie M. Moon, CMC City Clerk L:ICLERK\DATAICKSM1\Agenda CorrespondencelMay 17. 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk \ 'May 21,2010 Historical Society of Western Virginia One Market Square, 3rd Floor P. 0, Box 1904 Roanoke, Virginia 24008 Attention: Executive Director Ladies and Gentlemen: '\ JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $14,200.00 was approved for the education programs for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. \ The City of Roanoke values and appreciates the many contributions of the Historical Society of Western Virginia. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~m,mbtvv Stephanie M. Moon, C~ City Clerk L:ICLERK\DATAICKSM1IAgenda CorrespondencelMay 17. 2010lRoanoke Arts Commission Agency Fund.Advisory Committee Recommendations.doc ! CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHANE. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 21,2010 Roanoke Symphony Society 541 Luck Avenue, S. W., Suite 200 Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amountof $31,700.00 was approved for the Carnival of the Animal Production for the fiscal year commencing July 1 , 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Roanoke Symphony Orchestra. It is hoped that the City'S investment plays a significant role in your ongoing progress and development. Sincerely, ~ 'cYt.Pltl~ Stephanie M. Moon, CMc\J City Clerk ;' L:ICLERKlDATAICKSM1\Agenda CorrespondencelMay 17. 2010lRoanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk . CECELIA T. WEBB Assistant Deputy City Clerk May 21, 2010 Science Museum of Western Virginia and Hopkins Planetarium One Market Street, S. E. Roanoke, Virginia 24011 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto . for Fiscal Year 20 1 0~20 11 . Funding in the amount of $42,000.00 was approved for science on the go for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Science Museum of Western Virginia. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~~~~ City Clerk L(\CLERK\DATA\CKSM1\Agenda Correspondence\May 17. 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A-venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 15,2010 Total Action Against Poverty 145 Campbell Avenue, S. W. Roanoke, Virginia 24011 Attn: William Penn Dear Mr. Penn: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to . various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $ i 0,400.00 was approved for Drama on the Yard for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of Total Action Against Poverty Yo Yo Players. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~~, oYjo0.-0 Stephanie M. Moon, CMC "- City Clerk . L:\CLERKIDATAICKSM1\Agenda CorrespondencelMay 17. 2010lRoanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc ~CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16, 2010 Taubman Museum 110 Salem Avenue, S. E. Roanoke, Virginia 24011 Attn: David Mickenberg Dear Mr. Mickenberg: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $23,100.00 was approved for the Exhibition of Fallen for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Mu rray at the Department of Economic Development, 11 7 Church Avenue, S. W., Roanoke, Virginfa 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Taubman Museum. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, -m-P~'rY). Y'f"\{)~ Stephanie M. Moon, CM~ City Clerk L:\CLERK\DATA\CKSM1\Agenda Correspondence\May 17. 2010\Roanoke Arts Commission Agency Fund Advisory Committee RecommendationS.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: derk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIEM. MOON, CMC City Clerk CECEUA T. WEBB Assistant Deputy City Clerk May 21, 2010 Virginia Museum of Transportation 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection With thereto for Fiscal Year 2010-2011. Funding in the amount of $23,100.00 was approved for education programs for the fiscal year commencing July 1,2010 and ending June 30, 2011. Please contact' Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, ~ith regard to disbursement of funds. The City of Roanoke values and appreciates the many contribut,ions of the Virginia Museum of Transportation. It is hoped that the City's investment plays \a significant role in your ongoing progress and development. Sincerely, ~mro\\)w Stephanie M. Moon, C~ City Clerk L:\CLERK\DATA\CKSM1\Agenda Correspondence\May 17, 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16,2010 Eleanor D. Wilson Museum Hollins University P. O. Box 9679 Roanoke, Virginia 24020 Attn: Amy Moorefield Dear Ms. Moorefield: '.. At a regular meeting of/the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance. audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $14,200.00 was approved for The Fleeting Glimpse Photo Exhibition for the fiscal year commencingJuly 1,2010 and endingJune 30, 20 11 ~ Please contact Melissa Mu rray at the Department of Economic Development, 117Church Avenue, S. W., Roanoke, Virginia 24011, or call 540- 853-271 5;with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Eleanor D. Wilson Museum. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~~~~~~ City Clerk L:\CLERKIDATAICKSM1 \Agenda CorrespondencelMay 17. 201 OIRoanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIEM. MOON,CMC City Clerk CECELIA T. WEBB Assist~t Deputy City Clerk May21,2010 Young Audiences of Virginia 5577 Westbriar Court, S. W. Roanoke, Virginia 24018 Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $8,500.00 was approved for the arts for learning for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Arts Council of the Blue Ridge. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~m.Qr\bW Stephanie M. Moon, CrJQ City Clerk L:\CLERK\DATA\CKSM1IAgenda Correspondence\May 17, 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W;, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 21, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Jefferson Center Foundation, L TD 541 Luck Avenue, S. W., Suite 221 Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $1 9,400.00 was approved for the artistic presentation and education for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540- 853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Jefferson Center Foundation, Ltd. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~M.lY\brv0 . Stephanie M. Moon, C~ City Clerk L:\CLERKlDATA\CKSM1\Agenda Correspondence\May 17,.2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK . 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: derk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk S1EPHANIE M. MOON, CMC City Clerk May 21,2010 CECELlA T. WEBB Assistant Deputy City Clerk Roanoke Arts Commission c/o Susan Jennings, Public Arts Coordinator Economic Development 117 Church Avenue, S. W. Roanoke, Virginia 24015 Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17, 2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. Funding in the amount of $2,500.00 was approved for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Arts Commission. It is hoped that the City's investment plays a significant role in your ongoing progress and development, Since!ely, ~~'cY). oY\oo>0 Stephanie M. Moon, cMe> City Clerk L:\CLERK\DATA\CKSM1\Agenda Correspondence\May 17, 2010\Roanoke Arts Commission Agency Fund Advisory Committee Recommendations.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk REVISED CECELIA T. WEBB Assistant Deputy City Clerk January 24, 2011 Southwest Virginia Ballet P.O. Box 3275 Roanoke, Virginia 24015 Attention: Executive Director Ladies and Gentl.emen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 17,2010, Council approved recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocation of City funds to various nonprofit agencies and for performance audits in connection with thereto for Fiscal Year 2010-2011. . , ' Funding in the amount of $9,626.00 instead of $9,926.00 was approved for A Passion for Dance for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Please contact Melissa Murray at the Department of Economic Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540- 853-2715, with regard to disbursement of funds. The City of Roanoke values and appreciates the many contributions of the Southwest Virginia Ballet. It is hoped that the City's investment plays a significant role in your ongoing progress and development. Sincerely, ~ m. Y'Yl fJ9..v Stephanie M. Moon, CMcl- City Clerk L:\CLERK\DATA\CKSM1\Agenda Correspondence\May 17, 2010\Roanoke Arts Commission ,Agency Fund Advisory Committee Recommendations,doc ()1L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 2010. . - . ., , ! \.' -; ~:. ;. . , No. 38813-051710. A RESOLUTION concurring in the recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's ("Committee") allocation ofCity funds to various nonprofit agencies and for performance audits in connection thereto for Fiscal Year 2010-2011. WHEREAS, the Fiscal Year 2010-2011 budget approved by City Council for the Roanoke Arts Commission provides for, funding in the amount of$258,926; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Committee; WHEREAS, requests for City funding in the total amount of$442,950 were received by the Committee from fifteen (15) agencies; and WHEREAS, after studying each application and holding allocation meeting hearings, the Committee has recommended allocation of funding to such agencies for Fiscal Year 2010-2011. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council concurs in the recommendations ofthe Roanoke Arts Commission Agency Funding " \ Advisory Committee's allocations for funding ofvarious nonprofit agencies for Fiscal Year 2010- 2011, as more particularly set forth in the City Manager's letter dated May 17, 2010, to Council, and the attachment to that report. "'" \ ,.. ~ A T,-TEST: . ~'tn, ~ City Clerk. ~ ~~ \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of May, 2010. No. 38814-051710. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2010-2011 General 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 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies Virginia Museum of Transportation Roanoke Symphony Society Opera Roanoke SCience Museum of Western Virginia Historical Society of Western Virginia Southwest Virginia Ballet Young Audiences of Virginia Arts Council of the Blue Ridge Taubman Museum Harrison Museum/African-American Culture Jefferson Center Foundation L TO Arts Commission Community HS Grandin Theatre TAP Eleanor D. Wilson Museum 01-300-5221-3700 01-300-5221-3714 01-300-5221-3736 01-300-5221-3762 01-300-5221-3774 01-300-5221-3776 01-300-5221-3794 01-300-5221-3802 01-300-5221-3909 01-300-5221-3910 01-300-5221-3913 01-300-5221-3944 01-300-522,1-3961 01-300-5221-3972 01-300-5221-3973 01-300-5221-3974 01-300-5221-3975 ( $ 258,926) 23,100 31,700 14,100 42,000 14,200 9,626 8,500 16,100 23,100 18,000 19,400 2,500 7,000 5,000 10,400 14,200 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. , , . . ATTEST: .~>.,. .' .,' . -- '\....--. '::.'- > . . . ~ . . I ) , ot.:svJ . . City Clerk. ~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov May 17, 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. Pric~, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Recommendations of the Roanoke Arts Commission - Agency Funding for FY-11 Background: The Roanoke Arts Commission Agency Funding Advisory Committee budget in the amount of $258,926 was established by City Council with the adoption of the General Fund budget for FY 2010-11 on May 10, 2010. Of this t<;>tal amount, $2,500 is set aside for the Arts Commission funding. A mandatory pre-proposal meeting was held in January to assist the agencies and organizations with the application process. Ads announcing the meeting were placed in the Roanoke Times and applications were emailed to all fortner recipients and other interested organizations. Applications from fifteen (15) agencies totaling $442,950 were received as indicated on Attachment A. These agencies each applied for funds to support specific exhibitions, performances or educational programs. Committee members thoroughly studied each application and interviewed representatives of the applicant organizations prior to a rating and allocation meeting held March 18, 2010. Agencies were rated on several key indicators including artistic and creative quality, educational value, cultural diversity, effective management and if the proposed program meets a need in the Honorable Mayor and Members of City Council May 17, 2010 Page 2 community. The committee also considered the report from the program monitor Susan Jennings, Arts and Culture Coordinator, on the performance of the organizations funded the previous fiscal year. The committee presented the recommendations to the entire Arts Commission and they were unanimously approved on April 13, 2010, to present to City Council as attached. Agencies were then notified of the Arts Commission recommendations and tentative funding allocations, subject to final budget adoption by City Council. Recommended Action: Transfer $258,926 as cited on Attachment A from the Roanoke Arts Commission Agency Funding Advisory Committee, account 01-300-5221-3700, to accounts to be established by the Director of Finance within the Roanoke Arts Cornmission budget. ?!JI1IjZ::d' Christopher P. Morrill City Manager CM:sj c: Stephanie M. Moon, City Clerk' William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Susan W. 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Q) Q) 0 LL c 0 .!);! l/) E ro 0 :g .L: E 0 .... .... c l/) I-- E Q) >- .... .L: E c Q) ::::l I-- 0 Q) C ::::l ~ Q) Q) >- Q) 41 .Q A.. - CI) .... 0.. ::::l () Q) ..... ro Q) c ..l<: 0> ..!!! l/) ..... 0 I l/) () 0 E Q) .... ::::l 0 S c l/) (1) ro Q) 0 Q) l/) :> a.. .~ .!!1 b1} '(3 ~ ::::l () C >- ::::l ~ E co .L: ~ CI) ro CI) 0 "0 E "0 >- c I-- 0 ~ u; >-! ::::l Cl ::::l ~ Q) ::::l C C ro c 0:: Q) Q) c Q) <C E ..l<: () 0 ::::l C 0 .~ 0 ..l<: Q) 3: 0 ro l/) .... 0 0 z () E l/) 0 () >- E ::::l 0 0> (1) "0 l/) .... & ro c .L: C () l/) c w E c .;:: 0 .... c - ..c ~ c $ ;:j ro l/) ro .... ~ -Q) ro .~ ::::l a.. ::::l ro ::::l l/) ai 0 <.9 t:: 0 .... ro Q) 0.. 0 () 0 <C ro <C Q) ~ t:: 0 0:: <C <C () <.9 I I -, 0 0:: CI) CI) I-- I-- > [jJ <C I-- * " .' ....,;, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnrch A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk May 21,2010 Curt Baker Deputy Superintendent for Operations Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 Dear Mr. Baker: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk ~ I am enclosing copy of Ordinance No. 38815-051710 amending a proffer and the Planned Unit Development Plan pertaining to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of allowing the use of the former Raleigh Court Elementary for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, with the amended proffer No. 1 as set forth in the Zoning Amended Application No. 1 dated March 19, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 17, 2010, and is in full force and effect upon its passage. Sincerely, ~)Y).~~ Stephanie M. Moon, CMC City Clerk pc: Adjoining Property Owners (see list attached) 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 MarthaP. Franklin, Secretary, City Planning Commission L:\CLERK\DATA\CKSMI\Agenda Correspondence\May 17, 201O\May 17, 201O.doc Cao Ming Hua & Ren Haiging 1302 Belle Aire Lane Roanoke, VA 24018 Theodore and Dianne Smith 2732 Guilford Avenue, SW Roanoke, VA 24015 Ronald and Misty Bingham 2412 Guildford Avenue, SW Roanoke, VA 24015 Mary Jane Shirley 2802 Guilford Avenue, SW Roanoke, VA 24015 James and Jennifer McLeese 2416 Guilford Avenue, SW Roanoke, VA 24015 Terry and Phyllis Clifton 2806 Guilford Avenue, SW Roanoke, VA 24015 William and Michelle Radar 2420 Guilford Avenue, SW Roanoke, VA 24015 Anna Dent. Murray Life Estate 2810 Guilford Avenue, SW Roanoke, VA 24015 Lynn C. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 A E H Properties 225 Heidinger Drive Cary, NC 27511 James and Jean Loesl 2428 Guilford Avenue, SW Roanoke, VA 24015 John and Nancy Fudge 2902 Guilford Avenue Roanoke, VA 24015 Patricia G. Wilson PO Box4744 Roanoke, VA 24015-0744 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 Mary C. Lincoln Patrick R. Davis 2436 Guilford Avenue, SW Roanoke, VA 24015 Michael Lipscomb Kristie W. Lipscomb 2916 Guilford Avenue, SW Roanoke, VA 24015 Bryan and Victoria Sturdy 2440 Guilford Avenue, SW Roanoke, VA 24015 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015 Robert D. Lipscomb 2559 Winifred Drive Roanoke, VA 24018 Jeffrey & Michelle Floyd 2928 Guilford Avenue Roanoke, VA 24015 Neale and Mary Huff 2215 Grandin Road, SW Roanoke, VA 24015 George Ray Snow 2223 Grandin Road, SW Roanoke, VA 24015 Ronald Henderson, Jr. Shirley Cawley 2421 Mount Vernon Road, S~ Roanoke, VA 24015 Michael and April Snow 1639 Persinger Road Roanoke, VA 24015 Frances Kastler 213 S. Jefferson St., #1007 Roanoke, VA 24011 Peter C. and Alison C. Matthie 1918 Brandon Avenue, SW Roanoke, VA 24015 Vernon E. Jolley, Jr. Susan Daphne Jolley 1922 Brandon Avenue, SW Roanoke, VA 24015 Claude and Mary Hodges 1926 Brandon Avenue, SW Roanoke, VA 24015 Whitney J. Patrone 2340 Blenheim Road, SW Roanoke, VA 24015 Elaine A. Noell, Trustee 2201 Grandin Road, SW Roanoke, VA 24015 \ Dewey and Nita Likens 2502 Guilford Avenue, SW Roanoke, VA 24015 Daniel and Laura Foutz 3002 Guilford Avenue, SW Roanoke, VA 24015 John R. Patterson 2506 Guilford Avenue, SW Roanoke, VA 24015 Olivia I. Byrd 3006 Guilford Avenue, SW Roanoke, VA 24015 David K. Cumins 2735 Richelieu Avenue, SW Roanoke, VA 24014 Barbara C. Sutton 3010 Guilford Avenue, SW Roanoke, VA 24015 Brenda R. Page 2602 Guilford Avenue, SW Roanoke, VA 24015 Thomas and Alice Lambdon 3014 Guilford Avenue, SW Roanoke, VA 24015 Dinia M. Pease 2608 Guilford Avenue, SW Roanoke, VA 24015 R. Edward St. George 3022 Guilford Avenue, SW Roanoke, VA 24015 Kenneth C. Dunn 2612 Guilford Avenue, SW Roanoke, VA 24015 Theodore R and Betty J. Crouch 3022 Guilford Avenue, SW Roanoke, VA 24015 Alice C. Tuckwiller 2616 Guilford Avenue, SW Roanoke, VA 24015 Shenandoah Life Insurance Co. POBox 12847 Roanoke, VA 24029 Marvin and Sandra Harrison 2620 Guilford Avenue, SW Roanoke, VA 24015 Geoffrey and Susan Jennings 1744'Blair Road, SW Roanoke, VA 24015 Colin and Judith Lunsford 2624 Guilford Avenue, SW Roanoke, VA 24015 David Tucker 1743 Blair Road, SW Roanoke, VA 24015 James and Connie Hogan 2702 Guilford Avenue, SW Roanoke, VA 24015 James and Dana George 2340 Blenheim Road Roanoke, VA 24015 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke, VA 24015 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke, VA 24015 Seth and Jane Hooper 2507 Mt. Vernon Road, SW Roanoke, VA 24015 Kerry and Seweryn Morgiewic; 2501 Mt. Vernon Road, SW Roanoke, VA 24015 M. Diana Thomason 2429 Mt. Vernon Road, SW Roanoke, VA 24015 Samuel, III and Deanne VanCE 1640 Persinger Road, SW Roanoke, VA 24015 Kermit and Elizabeth Hale 2222 Blenheim Road, SW Roanoke, VA 24015 Douglas Viehman Diane Naft 2216 Blenheim Road, SW Roanoke, VA 24015 Trustees of St. Elizabeth's Episcopal Church POBox 4706 Roanoke, VA 24015 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 Harriet G. Vance 1656 Center Hill Road, SW Roanoke, VA 24015 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roa~oke, VA 24015 Christopher and Kelly Kaze 1647 Center Hill Road Roanoke~VA 24015 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke, VA 24015 James and Cinda Brown 1702 Brandon Avenue, SW Roanoke, VA 24015 Jonathon and Ilona Todd 2720 Guilford Avenue, SW Roanoke, VA 24015 Dale and LoraWilkinson 1710 Brandon Avenue, SW Roanoke, VA 24015 Nancy Henderson Michael Henderson, et al 222 Rocky Shore Lane Moneta, VA 24121 Darrell R. Craighead POBox 1373 Salem, VA 24153 Tammy L. Crush 2728 Guilford Avenue, SW Roanoke, VA 24015 Curtis E. Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 M & W Properties 4423 Brentwood Court Roanoke, VA 24018 Curtis and Ellen Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 George Williams 1994 ~rown Gap Tp Charlottesville, VA 22901 Trustees, Unitarian Universalist Church of Roanoke 2015 Grandin Road, SW Roanoke, VA 24015 George Williams 1994 Brown Gap Tp Charlottesville, VA 22901 David A. Rogers 2103 Grandin Road, SW Roanoke, VA 24015 George Williams 103 Fourth Street Bluefield, WV 24701 Frances Kastler 213 S. Jefferson St., #1007 Roanoke, VA 24011 Thomas Wayne Frantz 1714 Brandon Avenue, SW Roanoke, VA 24015 Frances Kastler 213 S. Jefferson St., #1007 Roanoke, VA 24011 Bruce and Patricia Tolson 1806 Brandon Avenue, SW Roanoke, VA 24015 Tiffany K. Worstell 1810 Brandon Avenue, SW Roanoke, VA 24015 Frances Kastler 213 S. Jefferson St., #1007 Roanoke, VA 24011 George C. Koss 2854 Fairway Forest Circle Salem, VA 24153 Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke, VA 24015 Mark E. Barker 1828 Brandon Avenue, SW Roanoke, VA 24015 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 Andrew J. Hickling 1836 Brandon Avenue, SW Roanoke, VA 24015 Curtis Fooks Nan Rae Marion 2231 Grandin Road, SW Roanoke, VA 24015 Jeffrey and Christina Hatch 2239 Grandin Road, SW Roanoke, VA 24015 James P. Gilmer, III Jill M. Arliss 2243 Grandin Road, SW Roanoke, VA 24015 Warren and Paula Fiihr 2255 Grandin Road, SW Roanoke, VA 24015 Craig and Barbara Johnson 2343 Garter Road, SW Roanoke, VA 24015 City of Roanoke Woodland Park 215 Church Avenue, SW Roanoke, Virginia 24011 John and Krista Hodgkin 1647 Center Hill Road Roanoke, VA 24015 . Benjamin C. Davis 2111 Grandin Road, SW Roanoke, VA 24015 George and Elizabeth Marsh 2121 Grandin Road, SW Roanoke, VA 24105 Susan Koch Greater Raleigh Court Civic League 2102 Maiden Lane, SW Roanoke, VA 24015 \ Freeda Cathcart Grandin Court Neighborhood Association 2516 Sweetbrier Ave SW /' Roanoke, VA 24015 .,A :71J/) '\\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of May, 2010. No. 38815-051710. AN ORDINANCE to amend S36.2-l00, Code of the City of Roanoke (l979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005; as amended, by amending a proffer and the Planned Unit Development Plan I pertaining to property located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101 (Patrick Henry High School campus); and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke School Board has filed an application with the Council of the City of Roanoke ("City Council") to amend proffered condition No. 1 accepted by City Council by the adoption of Ordinance No, 38729-02l6l0 on February l6, 20l0, and to amend the Planned Unit Development Plan dated March 3, 20l0, ("Plan") accepted by City Council by the ,passage of that same Ordinance, such proffer and Plan pertaining to property located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460l0l (Patrick Henry High School campus), for the purpose of allowing the use of the former Raleigh Court Elementary for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.2-540, Code of the City of Roanoke (l979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; O-Raleigh COUl1 Elementary School-amend PUD and ProtTers.doc 1 WHEREAS, a public hearing was held by City Council on such application at its meeting on May l7, 2010, after due and timely notice thereof as required by 936,2-540, 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 amendments; and j WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require amending proffered condition No.1 accepted by City Council by the adoption of Ordinance No. , 38729-021610 on February l6, 20l0, and a Planned Unit Development Plan dated March 3, 20l0, that relate to property located at 2102 Grandin Road, S.W" bearing Official Tax No. l460l0l (Patrick Henry High School campus), and for those reasons, is of the opinion that proffered condition No. 1 and the Planned Unit Development Plan dated March 3, 2010, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with the amended proffer No. 1 as set forth in the Zoning Amended Application No.1 dated March 19, 2010. 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 amended proffered condition No. 1 as set forth in Zoning Amended Application No. 1 dated March 19, 2010, and the amendment of Planned Unit Development Plan dated March 3, 20l0, pertainiilg topr6perty located at 2102 Grandin O-Raleigh Court Elementary School-amend PUD and Proffers.doc 2 Road, S.W., bearing Official Tax No. l46010l (Patrick Henry High School campus), for the purpose of allowing the use of the former Raleigh. Court Elementary for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, as set forth in the Zoning Amended Application No.1 dated March 19, 20l0. 2. Ordinance No. 38729-021610, adopted February l6, 2010, to the extent such Ordinance placed conditions on the subject property is amended consistent with this Ordinance. 3. Pursuant to the provisions of S 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. . . ~ 'D1,.m\)~ City Clerk. C" O-Raleigh Court Elementary School-amend PUQ and Proffers.doc 3 . CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission May 17, 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: Request from City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3, 2010, and to amend proffered condition no. 1 on property located at 2102 Grandin Road, S.W., Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of using the former Raleigh Court Elementary School for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, the amended proffer to read as follows: 1) The property will be developed in substantial conformity with the Development Plan prepared by Alfred O. Chevalier, dated March 3, 2010, and Utility Plan prepared by Rife + Wood Architects dated December 5,2005. Planning Commission Hearing and Recommendation The Planning Commission held a public hearing on Thursday, April 15, 2010. Susan Koch (2102 Maiden Lane), president of the Greater Raleigh Court Civic League, and Chris Craft (1501 East Gate Avenue) appeared before the Commission in support of the request. By a vote of 4-0 (Messrs. Chrisman, Futrell, Scholz, and Van Hyning voting for, Ms. Katz and Mr. Williams absent, Mrs. Penn recusing herself due to a conflict of interest), the Commission recommended approval of the request finding the application for the adaptive reuse of the former Raleigh Court Elementary School for programs run by Total Action Against Poverty to be consistent with Vision 2001-2020, the Grandin Court and Greater Raleigh Court Neighborhood Plans, and the City's Zoning Ordinance. The request provides forthe continued service of a vacated City Members of City Council May 17, 2010 Page 2 facility while maintaining a cohesive campus setting for educational facilities and community services. Respectfully submitted, _. f),~... ~C<--/. D. Kent Chrisman, Acting Chair City Planning Commission cc: Chris Morrill, City Manager Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Applicant Members of City Council May 17, 2010 Page 3 Application Information Request: Owner: A licant: Authorized Agent: Cit Staff Person: Site Address/Location: Official Tax Nos.: Site Area: Existin Zonin : Proposed Zoning: Existin Land Use: Proposed Land Use: Neighborhood Plan: S ecified Future Land Use: Filing Date: Background Amendment of Planned Unit Development (Ordinance No. 38729-021610 Cit of Roanoke Chris Morrill Cit of Roanoke School Board David Carson Timoth Spencer, Esq. . Maribeth B. Mills, Cit Planner 2102 Grandin Road, S.W. 1460101 96.3296 Acres INPUD, Institutional Planned Unit Develo ment INPUD, Institutional Planned Unit Development Educational Facilities and Libra. Educational Facilities, Library, Child Daycare Center, General or Professional Office Grandin Court Neighborhood Plan/ Greater Raleigh Court Neighborhood Plan Lar e Institutional/Institutional Planned Unit Develo meht Original Application: February 26, 2010; Amended A lication No.1: March 19, 2010 Raleigh Court Elementary School was vacated in 2009 as a result of a redistricting plan. Total Action Against Poverty (TAAP) desires to occupy a portion of the facility to operate.their Head Start and Early Head Start programs, which serve approximately 53 infants and preschoolers. These programs also include education and social support services to pregnant teens and their families as well as the Teaching Resource Center for students enrolled in the Department of Early Childhood Development at Virginia Western Community . College. In order to accommodate these uses, the INPUD development plan must be amended to permit a child day care center, office space, and an . expanded list of educational uses. The school's former kindergarten wing would become classrooms for the day care center as well as the Teaching Resource Center, while the former administrative and cafeteria wing would continue to be used for food preparation and offices as well as an indoor play area. Modifications to the site would be limited to four new parking spaces and a new fenced playground. All other aspects of the site and associated proffered conditions would remain the same. Members of City Council May 17, 2010 Page 4 Conditions Proffered by the Applicant The applicant requests that the following proffered conditions enacted by Ordinance No. 38729-021610 be AMENDED as they pertainto property located at 2102 Grandin Road SW and identified as Official Tax No. 1460101: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + VVood Architects dated December 5, 2005 Development Plan Prepared by Alfred O. Chevalier dated March 3, 2010, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005, copies of which are attached to this application. 2. The school sports stadium facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18,2007, and the Stadium Sections dated December 2, 2006, copies of which are attached to this application. 3. That the us~ge of the school sports stadium facility will be limited to high school athletics, band practice for the Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events. sponsored through the Parks and Recreation Department of the City of Roanoke. 4. That all sound amplification systems will be used only for high school varsity football games, varsity soccer games, varsity lacrosse games, graduation assemblies, and the annual championship games for Roanoke 'City Parks and Recreation youth football. 5. That manual traffic control, to include security personnel, will be provided before and after all varsity football games and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police. Department. 6. That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford Avenue before, during, and after every varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting Patrick Henry High School campus from Lofton Road. 7. That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity football game to prevent pedestrian and vehicular " Members of City Council May 17, 2010 Page 5 traffic, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road. 8. The City of Roanoke School Board will conduct an engineering,study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office. Considerations Surroundinq Zoninq and Land Use: South Zoning District R-7, Residential Single-Family District, and IN, Institutional District MX, Mixed Use District, and ROS, Recreation and 0 en S ace. R-5, Residential Single-Family District R-5, Residential Single-Family District, RM- 2, Residential Mixed Density District, and eN, Commercial-Nei hborhood District. Land Use Single-family residences and laces of worshi . Professional office and Woodlawn Park. Single-family residences. Single-family residences, two- family residences, eating and drinkin establishment. North. East West Compliance with the Zoninq Ordinance: The INPUD District encourages harmonious development of institutional uses and mixed-use campus developments. This district provides flexibility for creative development that minimizes potential negative impacts on neighboring uses and recognizes the special complexity and interrelationships of land uses. The overall appearance of the campus will remain virtually the same since Raleigh Court Elementary School will be adaptively reused. The only exterior alterations proposed for the site is the striping of four parking spaces on an existing paved surface and the addition of an 8,104 square foot enclosed playground in accordance with Section 36.2-408 of the City's Zoning Ordinance. The list of permitted uses on the site has also been expanded to accommodate TAP's programs including child day care center, professional office, and continuing education. All other elements of the site would remain the same. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Vision 2001-2020, the Grandin Court Neighborhood Plan and the Raleigh Court Neighborhood Plan call for the efficient use of the City's limited land resources. With many of the City's schools closing to consolidate, it is important not to leave behind vacant facilities. The adaptive reuse of Raleigh Court Elementary School Members of City Council May 17, 2010 Page 6 for TAP's Head Start and Early Head Start programs will ensure its continued service to the community. Vision 2001-2020 c~mtains two policies relevant to this application: . PE P1. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. . PE P4. Community Learning Centers. Roanoke will encourage the efficient use of public schools by co-location of education, life-long learning, and recreation programs in school facilities, making them community learning centers. City Department Comments: None. Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their May 15, 2010 public hearing. 1. Mr. Van Hyning asked the applicant when the remaining modular unit would be removed from the site. The applicant responded that an exact date had not been determined but that it was anticipated that they would be moved during the summer. 2. Mr. Scholz asked for a description of the proposed fence. Mr. Shultz responded that the fence would likely be six feet tall. Staff added that the development plan specified that it would be a vinyl-coated chain link fence. The following comments and questions were posed by the public at the Planning Commission's May 15, 2010 public hearing. 1. Susan Koch (2102 Maiden Lane), president of the Greater Raleigh Court Civic League, stated that the Board of Directors of the civic league had voted unanimously to support the proposal. She said that the proposal would prevent the building from deteriorating and becoming a magnet for vandals and would provide much needed services to the neighborhood. 2. Mr. Chris Craft (1501 East Gate Avenue, NE) gave his support for the request stating that TAP had a wonderful preschool program that improved the future for less fortunate children. 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: .IMar19, 2010 Submittal Number: IAmended Application No, 1 o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District ~ Amendment of Proffered Conditions ~ Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District rat;~1l1in~t:: ,", ..--"""""'.. ~ ,~", Address: 12102 Grandin Road, SW. OfficialTax No(s),: 11460101 Existing Base Zoning: INPUD, Institutional Planned Unit Development (If multiple zones, please manually enter all districts,) Ordinance No(s), for Existing Conditions (If applicable): 138729-021610 Requested Zoning: INot Applicable I Proposed Land Use: ~ With Conditions o Without Conditions Educational Facility, Day Care-Child, Office GenJProfess Name: ICity of Roanoke/~hris ~orrill I Phone Number: I + 1 (540) 853-2333 I E-Mail: IChris.Morrill@Roanokeva.gov I urh Avenue, S,W., Roanoke, Virginia 24011 rive, NW., Roanoke, Virginia 24012 Phone Number: I +1 (540) 767-2037 I E-Mail: [dcarson@jamlaw.net I Name: ITimothY Spe~cer irginia 24011 I Phone Number: I + 1 (540) 853-5236 I E-Mail: Itimothy.spencer@roanokeva,gov I NARRA TIVE \ Reusing Raleigh Court Elementary School TAP Head Start and Early Head Start Total Action Against Poverty ('TAP") and its Head Start and Early Head Start programs proposes to rehabilitate, repair and reuse two buildings at the Raleigh Court elementary school campus for an exciting program expansion opportunity. We intend classes to begin August, 2010. The structures that were originally slated for demolition will be repurposed to serve at least 16 infants and toddlers and at least 36 preschoolers. In addition the facility will provide educational and social support services to pregnant women, including pregnant teens, and their families. This opportunity has been made possible through the use of ARRA (Recovery) funds and will allow us to set significant funds aside for the rehabilitation of the structures -- a cost that could not be borne by the school system within its budget constraints. We estimate that the total cost of construction for this reuse will be about $150,000 for roof repairs and heating ventilation and air conditioning, and probably an additional $50,000 outfitting both buildings. The building that used to house kindergarten services at Raleigh Court will become classroom space for Head Start and Early Head Start, including a Teaching Resource Center with an observation booth and educational opportunities for area students drawn from Virginia Western Corrununity College, Department of Early Childhood Development. The second building, which used to house administrative services, will be repurposed as a place for food preparation (using the existing kitchen facilities), and for indoor play and group instruction during inclement weather, and several administrative and staff offices. In addition, since we will not use all of the old administration building for Head Start or Early Head Start purposes, we intend to include it within exciting developments offered by the United States Department of Education, and the current administration, to expand school services, These opportunities for significant grant funding will may include programs like the Full-Service Community Schools Program, or Investing in Innovation initiative, or the Impact Aid for Modernization program. The families and children who will attend head start and early head start programs at this new facility, to be named The Raleigh Court Child Development Center, will be drawn from the Greater Raleigh Court neighborhood and the surrounding areas -- offering opportunities for early childhood development services to new populations that have not been reached before. In addition, its proximity to Patrick Henry High School will allow us to work more closely with many pregnant and parenting teens enrolled at the school, providing them with supports, including childcare, that they need to be able to continue in their education. (We would like to note that the conventional program for pregnant teenage students has been eliminated by the school system for budgetary reasons.) We also intend to install new, age-appropriate playgrounds for Head Start's use; these facilities will be available for public use after hours and on weekends. In addition we intend to install an entranceway between both buildings now currently used for dumpster access. To make this an affordable undertaking in the long run, we have requested a five-year lease for this facility, to be renegotiated at the end of that period. TAP will undertake all general maintenance, operating expenses, rehabilitation repairs necessary to place the structure into a condition sufficient to meet stringent Head Start standards, state childcare licensing requirements, providing an exemplary child development and educational center for our region. As far as increased traffic load may be concerned, the numbers of passenger vehicles, vans and busses will certainly be reduced relative to its use as a school. In addition, the current one way entrance is being converted to two-way traffic so it will no longer be necessary to travel through a more crowded residential area for exit and entrance. The RCCDC will be open Monday through Friday with operating times of 6:30a,m. to 6:00p,m, The center will serve 53 children from ages 6 weeks to five years old. Children will be transported by parents, no children will be walking to the center unless they live in the immediate area and the parent deems it appropriate to walk the child to the center, but under no circumstances will children of this age be allowed to walk alone to the center. There will be no bus service to this center for morning drop off and evening pick up, parents will provide transportation, The only bus services that will be used by the center will be to transport the children during center field trips. We'd like to note that the intended operations schedule will put this rehabilitation on a fast track, will use local contractors selected through a competitive bidding process, and will meet local, state and federal regulations. Noted changes and additions to the Patrick Henry Development Plan include the uses educational facility, day care-child and office general or professional. The plan has changed to reflect enclosed playground areas that will serve the Early Head Start and Head Start programs. The plan also reflects the addition of four new parking spaces which will allow parents to have closer access to the entrance of the former "kindergarten' wing that will now serve as the instruction building for the RCCDC. c.. co ~ c o +-" CO () o --.J o o ..c () (f) ..c · 0> I ~. c I Q) I ~ () 'C +-" CO 0... AMENDMENT OF PROFFERED CONDITION The Applicant hereby requests that the following proffered conditions enacted by Ordinance No. 38729-021610 be AMENDED as they pertain to property located at 2102 I Grandin Road SW and identified as Official Tax No. 1460101: 1_ The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5, 2005 Development Plan Prepared by Alfred 0. Chevalier dated March ], 2010, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005, copies of which are attached to this application. 2. The school sports stadium facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections dated December 2, 2006, copies of which are attached to this application. 3. That the usage ofthe school sports stadium facility will be limited to high school athletics, band practice for the Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events sponsored through the Parks and Recreation Department of the City of Roanoke. 4. That all sound amplification systems will ,be used only for high school varsity football games, varsity soccer games, varsity lacrosse games, graduation assemblies, and the annual championship games for Roanoke City Parks and Recreation youth football. 5. That manual traffic control, to include security personnel, will be provided before and after all varsity football games and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel A venue, and Guilford A venue and Lofton Road in coordination with the City of Roanoke Police Department. 6. That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford A venue before, during, and after every varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting Patrick Henry High School campus from Lofton Road. 7. That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity football game to prevent pedestrian and vehicular traffic, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road. 8. The City of Roanoke School Board will conduct an engineering study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office. Nttld ~~~3hJ~_Oo-i~Y\3t(] , all Nltld rJ~ n~ lOOH':iS' H\;?IH J.i;!IN8HX:j.t;!t~'1d ~il lN3Wd013A3C1 ~~ L.:J~ a~ @ I I~l. i~ ~i ~~ u i U IS ~iUUII ~ i ii, i !I i j;i h;hJi~ ! I III I Ii '" . . I I Ii! 11!1!lll ~ ~. ~~i ;~~ .~ i~ ~~t /tii . . lag q,,~ ! i~1 illlih~! ~~.i!;~W .~ ~i tt. ,,~;; ~!l ~h~ ~,~!~~ ~~ .;> ~ ~ ! ~!~ I I~~ ~ 'R~.' ~~~~~:~~ ;~~s ~i~Ei;iri ~~'~f~ i~~,i ~_e..'l~ ~!; i~u.:n' w d; ,. 5 i - n~~. 2~~~~M ~~g~ Ulj~J ~i ;r! I ~iI~jl~ J uWi9 s. ...~ ~~i"~ 1611~ B !~ I 1=. ~I!~ I.~.~~ ~;~= ~i! iU~ ~ilg~~f~~ ~u.f; ~f:~H ~ i~ I ~~~ij~~~i .~ ~~E ~~ ~!~ =~ 'I~g ~~ ~~~ I ~~~ ~~~~ ;!~~!i~~~~ i<~h~ ~!Iii~~ 1;I~i;; lil~!li~ is ~!!il~;~i j~, ill;; i~~!! Ili~ I Iii i !iil ~I!I;~;!~ ~Iiii!! li!I~; ~,,~, i _I~'~,,~! ~i i~;111111 I;' ilili 11;11 1~!I~ig ~;;; ! !ili !;!~!~;il~ ji~~I;; lilill ill -z: -<:( --1 (L t- Z w r= (L ~ o -' --1 ~ will > - w II 0:- ~ ~ Ii ~~ .i ~; I~ .~ h ti II ~ I~ll /C{ ~~ \ \.'\) \'?~ '\ '.......,.,# IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38729-021610. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and placing new proffers on the subject property; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke School Board has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No.3 7303-020606, adopted February 6, 2006, and Ordinance No; 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W" bearing Official Tax No. 1460101, and replacing them with new proffers; WHEREAS, the City Plarming 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 February 16, 2010, after due and timely notice thereof as required by ~36.2-S40, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and O-PH High School-repeal & replace existing proffers.doc WHEREAS, this Council, after considering the aforesaid application" the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and replacing them with new proffers, and is of the opinion that the conditions now binding upon the subject property, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with proffers as set forth in the Zoning Amended Application No. 1 dated January 21,2010. THEREFORE, BE IT ORDAlNED by the Council of the City of Roanoke that: 1. Ordinance No. 37303-0206.06, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2.007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No, 1460101, are hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2, That proffers set forth in the Zoning Amended Application No.1 dated January 21, 2010, are accepted and placed on the property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and that such property be zoned lNPUD, Institutional Planned Unit Development, with conditions proffered by the applicant, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, O-PH Higb School-repeal & replace existing proffers.doc 2 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: m-a~m. ~.. City Clerk O-PH High School-repeal & replace existing proffers.doc 3 ; ~ HH~ . i II Ii f:i jll II .: . I' I! ,l IE II I I II IIII I .., p. .~ ~::i!l ' I : PI i~ I I .A I . 'I- h! 1111 ' i I . I ~ I , '}' , -: ~I' I .. I II It ) \ ! I t !. f i ! , I · .. f Jill II i tl;m ill ilm I~ ~Ur J~ ! ~~ t:~ Z"'lI~ ~.... !m ..-I I "'"" 1~J. II II 111'~"l on ac · ill j- I I a:: otI I' +~d I I III , Iii .:2'-'11 110 I J ii?:l ! .... '- J l j i III f ) I I I ! . ~ .... 1 lij P 0 00 o o o 01 o~ o ~ 01 01 ~ o ii oG 001; 00\1 IV o t '~6' o 0 00 00 o 0 o 0 0 o 00 o 0 ---- 6 0 0-:1 000000000000000000000 ~ 00000000000000000 II - = o o o o o o o o o ~ i o o o o II i '1 II III N Q .... en t-. 0 C ~ 3 s: " 0- OJ 1:> ::Ii X =" ii) ~'; I- lilt m 0 r ~ 'E 0 '" ~ <: ., I/) .. .... .. rlllJ~~ w c.:> :z I :::e<t . I ._ ~u ::;:):r: -(.) 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I I -.-.-----. ----- _..._-...._-~......r--._----__ , If _ -~~-----~._~ w z :J o a::: <( >- I o iJ") I- <C ::!E ::> - Q ..;( I- tf) :c o ~ o ~ :c I- z o -''1' I- . u: w,., V!~ ~ o It., ,-......,...~..."~,.JI~.,....ot._, .._~...~_.._..- The Roanoke Times Roanoke, Virginia Affidavit of Publication - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -+- - - - - - - - - - - - - - - ~ - - - -- I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I ROANOKE CITY SCHOOL BOARD P.O. BOX 13145 ROANOKE VA 24031 REFERENCE: 80156684 12131667 The Roanoke Times NPH-Raleigh Court Pr State of Virginia City of Roanoke NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 17,2010, 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 City of Roanoke School Board to amend a Planned.Unit Development 'Plan dated March 3, 2010, and to amend proffered condition No.1 on property located at 2102 Grandin Road, S.W., , Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of using the former Raleigh Court Elementary School for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, the amended proffer to read as follows: 1) The property will be developed in substantial conformity with the Development Plan prepared : by Alfred O. ChevalIer, i dated March 3, 2010, and Utility Plan prepared by Rife + Wood Architects dated December 5, 2005. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W" Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who , needs accommodations for. this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 28th day of April, 2010. Stephanie M, Moon, CMC t City Clerk. i; I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper priblished,inRoancike,ih th&.Sta~e 6f Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __1~__day of MAY 2010. Witness my hand and official seal. ~~~ PUBLISHED ON: 04/30 05/07 TOTAL COST: FILED ON: 455.52 05/07/10 Notary Public \\\1111111/, II Y " \" ~\D' A I A '#" ......" ~'r" . . .. .. . .'-::' J.-. ..-: ~ <0 .,' NorARY"'~': 2 * .... PU8L1C .... '-t-- :. = ; REG. #7090930: :: = <g: MY COMMISSION : * : -:.~'. ~'RS : :: -:. ~ ". . -II.'~~ ~ , (2 '. .' ~ ~ ""'/!;~~~L'iH"O' ~ ~\~~\", '" ,I "'llU"" (12131667) I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- ,~ ~' ~~~~~~~~:~--f~~-~~-' Billing Services Representative ,i'(,-f,o, , ,.1 \.i ~ ~\,-O\O NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, May 17,2010, 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 City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3, 2010, and to amend proffered condition No.1 on property located at 2102 Grandin Road, S,W., Official Tax No, 1460101 (Patrick Henry High School campus), for the purpose of using the former Raleigh Court Elementary School for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, the amended proffer to read as follows: 1) The property will be developed in substantial conformity with the Development Plan prepared by Alfred O. Chevalier, dated March 3, 2010, and Utility Plan prepared by Rife + Wood Architects dated December 5,2005. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 28th day of April ,2010, Stephanie M. Moon, CMC City Clerk. Raleigh Court-Amend PUD and protTer.doc Notice to Publisher: Publish in the Roanoke Times on Friday, April 30, 2010, and Friday, May 7,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240ll (540) 853-254l Send Bill to: Curt Baker Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 2403l (540) 853-238l F (540) 853-295l NPH-Raleigh Court-Amend PUD and proffeLdoc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk May 6,2010 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 17, 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 the City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3,2010, and proffered condition No.1 on property located at 2102 Grandin Road, S. W., for the former Raleigh Court Elementary School to be used for an educational facility, a day care facility for children, and general and professional offices for Early Start and Head Start programs. 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. S~~, _ A~ 11), t::J()()y-J Stephanie M. Moon, CMC City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON; CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk May 6, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Curt Baker Deputy Superintendent for Operations Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 Dear Mr. Baker: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 17, 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 the City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3,2010, and proffered condition No.1 on property located at 2102 Grandin Road, S. W., for the form~r Raleigh Court Elementary School to be used for an educational facility, a day care facility for children, and general and professional offices for Early Start and Head Start programs. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the May 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~rn~~ Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure I( S~~\o . NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 17, 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 City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3, 20l0, and to amend proffered condition No.1 on property located at 2102 Grandin Road, S.W., Official Tax No. 1460 1 01 (Patrick Henry High School campus), for the purpose of using the former Raleigh Court Elementary School for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, the amended proffer to read as follows: 1) The property will be developed in substantial conformity with the Development Plan prepared by Alfred O. Chevalier, dated March 3, 2010, and Utility Plan prepared by Rife + Wood Architects dated December 5, 2005. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853~254l, before noon on the Thursday before the date of the hearing listed above. .GNEN under my hand this 28thdayof April ,20l0. Stephanie M, Moon, CMC City Clerk. Raleigh Court-Amend PUD and proffer.doc " ,\, AMENDMENT OF PUD PLAN PATRICK HENRY HIGH SCHOOL 2102 Grandin Road, SW Official Tax No. 1460101 ) ) )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 15th day of March, 2010, notices of a public hearing to be held on the 15th day of April, 2010, on the request captioned above to the owner or agent of the parcels as set out on the attaching listing. 1h~./ ~Jla~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, . Virginia, this 15th day of March, 2010. My Commission Expires: ~.1ft(;).L~ Notary Public rO/ :;) 8) ::If) / ( I I Tax No. Owner Name/Mailing Address Property address if different from mailinQ address 1551201 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW 1302 Belle Aire Lane Roanoke, VA 24018 1551204 Ronald and Misty Bingham 2412 Guildford Avenue, SW Roanoke, VA 24015 1551205 James and Jennifer McLeese . 2416 Guilford Avenue, SW Roanoke, VA 24015 1551206 William and Michelle Radar 2420 Guilford Avenue, SW Roanoke, VA 24015 1551207 Lynn C. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 1551208 James and Jean Loesel 2428 Guilford Avenue, SW Roanoke, VA 24015 1551209 Patricia G. Wilson 2432 Guilford Avenue, SW POBox 4744 Roanoke, VA 24015-0744 1551210 Mary C. Lincoln Patrick R. Davis 2436 Guilford Avenue, SW Roanoke, VA 24015 1551211 Bryan and Victoria Sturdy 2440 Guilford Avenue, SW Roanoke,VA 24015 1551212 Robert D. Lipscomb Guilford Avenue, SW 2559 Winifred Drive Roanoke, VA 24018 1551213 Dewey and Nita Likens 2502 Guilford Avenue, SW Roanoke, VA 24015 1551214 John R. Patterson 2506 Guilford Avenue, SW Roanoke, VA 24015 1551215 David K. Cumins 2512 Guilford Avenue, SW 2735 Richelieu Avenue, SW Roanoke, VA .24014 1551216 Brenda R. Page 2602 Guilford Avenue, SW Roanoke, VA 24015 1551217 Dinia M. Pease 2608 Guilford Avenue, SW Roanoke, VA 24015 1551218 Kenneth C. Dunn 2612 Guilford Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 1551224 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 1551225 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roanoke, VA 24015 1551226 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke, VA 24015 1551227 Jonathon and Ilona Todd 2720 Guilford Avenue, SW Roanoke, VA 24015 1551228 Nancy Henderson 2724 Guilford Avenue, SW Michael Henderson, et al 222 Rocky Shore Lane Moneta, VA 24121 1551229 Tammy L. Crush 2728 Guilford Avenue, SW Roanoke, VA 24015 1551230 Theodore and Dianne Smith 2732 Guilford Avenue, SW Roanoke, VA 24015 1551231 Mary Jane Shirley 2802 Guilford Avenue, SW Roanoke,VA 24015 1551232 Terry and Phyllis Clifton 2806 Guilford Avenue, SW Roanoke, VA 24015 1551233 Anna Dent. Murray Life Estate 2810 Guilford Avenue, SW Roanoke, VA 24015 1560501 A E H Properties 2816 Guilford Avenue, SW 225 Heidinger Drive Cary, NC 27511 1560502 John and Nancy Fudge 2902 Guilford Avenue Roanoke,VA 24015 1560503 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 1560504 ' Michael Lipscomb Kristie W. Lipscomb 2916 Guilford Avenue, SW Roanoke, VA 24015 1560505 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015' 1560506 Jeffrey & Michelle Floyd 2928 Guilford Avenue Roanoke, VA 24015 Roanoke, VA 24015 1560512 R. Edward St. George 3022 Guilford Avenue, SW Roanoke, VA 24015 1560811 Theodore R and Betty J. Crouch Oregon Avenue 3022 Guilford Avenue, SW (vacant lot) Roanoke, VA 24015 1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, SW P 0 Box 12847 Roanoke, VA 24029 1370901 Geoffrey and Susan Jennings 1744 Blair Road, SW Roanoke, VA 24015 1370701 David Tucker 1743 Blair Road, SW Roanoke, VA 24015 1370707 James and Dana George 2340 Blenheim Road Roanoke, VA 24015 1370306 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke, VA 24015 1370307 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke, VA 24015 1370308 Seth and Jane Hooper 2507 Mt. Vernon Road, SW Roanoke, VA 24015 1370309 Kerry and Seweryn Morgiewicz 2501 Mt. Vernon Road, SW Roanoke, VA 24015 1350302 M. Diana Thomason 2429 Mt. Vernon Road, SW Roanoke, VA 24015 1350301 Samuel, III and Deanne Vance 1640 Persinger Road, SW Roanoke, VA 24015 1350311 Kermit and Elizabeth Hale 2222 Blenheim Road, SW Roanoke, VA 24015 1350312 Douglas Viehman Diane Naff 2216 Blenheim Road, SW Roanoke, VA 24015 1350307 Ronald Henderson, Jr. Shirley Cawley 2421 Mount Vernon Road, SW Roanoke, VA 24015 1350209 Michael and April Snow 1639 Persinger Road Roanoke, VA 24015 1350201 Harriet G. Vance . --- - ..... - -.... 1450726 Thomas Wayne Frantz 1714 Brandon Avenue, SW Roanoke, VA 24015 1450725 Frances Kastler 1802 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450724 Bruce and Patricia Tolson 1806 Brandon Avenue, SW Roanoke, VA 24015 1450723 Tiffany K. Worstell 1810 Brandon Avenue, SW Roanoke, VA 24015 1450722 Frances Kastler 1814 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450721 George C. Koss 1818 Brandon Avenue, SW 2854 Fairway Forest Circle Salem, VA 24153 1450720 Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke, VA 24015 1450719 Mark E. Barker 1828 Brandon Avenue, SW Roanoke, VA 24015 1450718 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 1450717 Andrew J. Hickling 1836 Brandon Avenue, SW Roanoke, VA 24015 1450716 M & W Properties 1840 Brandon Avenue, SW 4423 Brentwood Court Roanoke, VA 24018 1450715 George Williams Brandon Avenue, SW 1994 Brown Gap Tp (vacant lot) Charlottesville, VA 22901 1450714 George Williams 1902 Brandon Avenue, SW 1994 Brown Gap Tp Charlottesville, VA 22901 1450713 George Williams Brandon Avenue, SW 103 Fourth Street (vacant lot) Bluefield, WV 24701 1450712 Frances Kastler 1910 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450711 Frances Kastler 1914 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450710 Peter C. and Alison C. Matthiessen 1918 Brandon Avenue, SW Roanoke, VA 24015 1450709 Vernon E. Jolley, Jr. ~, , I . Salem, VA 24153 1450705 Curtis E. Fuller 1938 Brandon Avenue, SW 1942 Brandon Avenue, SW Roanoke, VA 24015 1450704 Curtis and Ellen Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 1450701 Trustees, Unitarian Universalist 1450313 Church of Roanoke 2015 Grandin Road, SW Roanoke, VA 24015 1450214 David A. Rogers 2103 Grandin Road, SW Roanoke,VA 24015 1450213 Benhamin C. Davis 2111 Grandin Road, SW Roanoke, VA 24015 1450212 George and ~Iizabeth Marsh 2121 Grandin Road, SW Roanoke, VA 24105 1540524 Elaine A. Noell, Trustee 2201 Grandin Road, SW Roanoke, VA 24015 1540523 Neale and Mary Huff 2215 Grandin Road, SW Roanoke, VA 24015 1540522 George Ray Snow 2223 Grandin Road, SW Roanoke, VA 24015 1540521 Curtis Fooks Nan Rae Marion 2231 Grandin Road, SW Roanoke, VA 24015 1540520 Jeffrey and Christina Hatch 2239 Grandin Road, SW Roanoke, VA 24015 1540519 James P. Gilmer, III Jill M. Arliss 2243 Grandin Road, SW Roanoke, VA 24015 1540518 Warren and Paula Fiihr 2255 Grandin Road, SW Roanoke, VA 24015 1540324 Craig and Barbara Johnson 2343 Carter Road, SW Roanoke, VA 24015 1540330. Trustees of St. Elizabeth's 2371 York Road, SW Episcopal Church POBox 4706 Roanoke, VA 24015 1560901 City of Roanoke City Montgomery Avenue, SW Woodland Park (J)JG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 2010. No. 38816-051710. AN ORDINANCE authorizing the City Manager to execut~ the necessary documents providing for the conveyance of a parcel of City-owned property, located at 514 - 24th Street, N.W., Roanoke, Virginia, formerly known as Fire Station #9, bearing Official Tax No. 2420202, to Mahlon P. Maxey and Patricia H. Maxey, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on May 17, 2010, pursUant to SS15.2-1800(B) and 15.2- 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on 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 a parcel of City-owned property, located at 514 - 24th Street, N.W., Roanoke, Virginia, formerly known as Fire Station #9, bearing Official tax No. 2420202, to Mahlon P. Maxey and Patricia H. Maxey, for the purchase price of $100,024.12, 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 May 17, 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: m.17jowJ 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 May17,2010 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 #2420202 Former Fire Station #9 Background: Mahlon P. Maxey, Vice President of Maxey Seat Cover Center Inc. and Patricia H. Maxey have submitted a proposal to purchase property identified as Tax Map Number 2420202, former Fire Station # 9 locat~d at 514 24th St., NW, adjacent to Mr. Maxey's business. The consideration offered is $100,024.12. The current assessed value is $308;900 based on the property's use as a fire station. The market value that can be obtained for this government asset once taken out of service would be well below the assessed value. Disposition of this property at the offered value to the abutting property owner will relieve the City of current and future costs of maintenance, bring the property into a taxable status, and support the expansion of a local small business operation. Proceeds from the sale will be deposited into the Economic and Community Development Reserve Fund. Honorable Mayor and Members of City Council May17,2010 Page 2 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 2420202 to Mahlon P. and Patricia H. Maxey for consideration in the amount of $100,024.12. CPM/c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney . Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation ' Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist CM 1 0-00086 The Roanoke Times Roanoke, Virginia Affidavit of publication The Roanoke Times --------------------------------------------------+------------------------ OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 12141271 NPH-Sale of property State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~nia. Sworn and subscribed before me this _~~_day of MAY 2010. Witness my hand and official seal. Notary Public . . \\\11111'"" \\ oJAIA,l1 ", Q \ ....,..1)''': ", , ~ . . .. . . . 4.t.', .:-....~\...NOTARy.....~-t- -=:. .:- ~ .. PUBLIC '. -;. ~ * ;' REG. #7090930 ": * ~ = : MY COMMISSION: = ~ c> ". ..m:1R S j'" ~ = .. a~', . -/ ~ .. ... . r_' .. ...... ""'- '. .' ~~.... ,,''70~ .......... ~",.." "" ~fALn\ (J\: \" '1/1/1111'1\\\\ PUBLISHED ON: 05/07 TOTAL COST: FILED ON: 202.80 05/07/10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .., , t-_..",.- NonCE OF PUBLIC HEARING The City of Roanoke proposes to convey City-owned propertY'1 designated as Roanoke City , Tax Map No. 2420202, , being 514 24th Street, ; N.W., Roanoke, Virginia,! . otherwise kn.own as Fire , Station #9, to Mahlon P./' I Maxey and Patricia H. . I Maxey. The property, I proposed to be conveyed is, I adjacent to property owned , by Mahlon P. Maxey, known'i I as Roanoke City Tax Map t No. 2420204. I Pur.suant to 'the I requirements of ! ~~15.2-1800(8) and 1813,{ , Code of Virginia (1950), aSi . amended, notice is hereby, I given that the City Councili of.the City of. Roanoke willi I' hold a public hearing on the' above matter at its regular' '. meeting to be held oni ~ Monday, May 17, 2010 I ; commencing at 7:00 p.m.:, : or as soon thereafter as the I 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 Ii Roanoke at (540) I 853-2541, ,f Citizens shall have the ,) opportunity to be heard and j express their opinions on L said matter. ; If you are a person with a f ,disability who needs' , accommodations for this' , hearing, please contact the I I City Clerk's Office at (540) ! , 853-2541, before 12:00 " noon on Thursday, May 13 I 2010. ' , GIVEN under my hand this 14th day of May, 2010. . Stephanie M. Moon, CMC ! I ,~;:.gity Clerk i I . '.''',' H: ~ ,I , (1214127i).",r ,(ej:, . I ,J'r:.)': ;0~~~i~.'" -' " - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Billing Services Representative '~' \\. . \ . J NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey City-owned property, designated as Roanoke City Tax Map No. 2420202, being 514 - 24th Street, N.W., Roanoke, Virginia, otherwise known as Fire Station #9, to Mahlon P. Maxey and Patricia H. Maxey. The property proposed to be conveyed is adjac,ent to property owned by Mahlon P. Maxey, known as Roanoke City Tax Map No. 2420204. Pursuant to the requirements of SSI5.2-1800(B) and 1813, Code of Virginia (l950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, May 17, 20l0, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office ofthe 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) 853-254l, before 12:00 noon on Thursday, May 13, 20l0. GIVEN under my hand this~ 4th day of May ,20l0. Stephanie M. Moon, CMC City Clerk Notice to Publisher: Publish in the Roanoke Times on Friday, May 7,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 240ll (540) 853-254l Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 2401l (540) 853-27l5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk May 21, 2010 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: A public hearing regarding a proposed conveyance of City-owned property to Rebuilding Together, Roanoke, Inc., designated as Roanoke City Tax Map No. 2212317, being 216 - 12th Street, N. W., otherwise known as "the former Fire Station #5", was conducted by the Council of the City of Roanoke at its regular meeting held on Monday, May 17, 2010. On motion, duly seconded and adopted, the Council voted to continue discussion of the matter until its regular meeting on Monday, June 21, 2010 at 2:00 p.m. Sincerely, mA~m'~D~ Stephanie M. Moon, CMC City Clerk pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist L:\CLERK\DA T A \CKSM 1 \Agenda Correspondence\May 17, 201O\May 17, 201 O.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue~ S.W" Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov May 17, 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, Counci.1 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 #221 231 7 Former Fire Station #5 Background: Rebuilding Together- Roanoke, Inc., (RTR), is a non-profit, non-sectarian organization, created in recognition of the fact that each year many homes are lost to decay and demolition because low-income families, elderly and/or disabled homeowners cannot afford td maintain their residences. RTR is, and has been a valuable partner with the City and other community development agencies in efforts to improve and stabilize the City's core neighborhoods. RTR submitted a proposal to purchase Tax Map #2212317, the former Fire Station #5, located at 216 12th Street, N.W. to use as its main headquarters. The offer is $12,768. The assessed value is $119,000 based on the property's former use as a fire station. The market value that can be obtained for this government asset once taken out of service would fall well below the current assessed . value. Disposition of this property at the offered consideration to RTR will relieve the City of current and future costs of maintenance, and provide a community-based organization a permanent place of operation in the City. Proceeds from the sale will be deposited in the Economic and Community Development Reserve Fund. Honorable Mayor and Members of City Council May17,2010 Page 2 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 2212317 to Rebuilding Together-Roanoke, Inc. for consideration in the amount of $12,768. Cl:il:-itted' Christopher P. Morrill City Manager CPM/c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation. Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist CM 1 0-00085