Loading...
HomeMy WebLinkAboutCouncil Actions 05-21-12BESTPITCH 39383 - 052112 ROANOKE CITY COUNCIL REGULAR SESSION MAY 21, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Council Member Lea was absent. The Invocation was delivered by The Reverend Paul E. Johnson, Pastor Emeritus, Williams Memorial Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 o Friday, May 25 at 7:00 p.m., and Sunday, May 27 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. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT 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 MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES, EFFECTIVE JULY 1, 2012: BOARD OF FIRE APPEALS - ONE VACANCY MILL MOUNTAIN ADVISORY BOARD - ONE VACANCY PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE VACANCY ROANOKE PUBLIC LIBRARY BOARD - ONE VACANCY ROANOKE NEIGHBORHOOD ADVOCATES - THREE VACANCIES TOWING ADVISORY BOARD - ONE VACANCY (CITIZEN AT LARGE REPRESENTATIVE) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely appeared before the Council and expressed concern aboutthe manner in which he had been terminated from employment with the City of Roanoke. 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 AGENDA AND CONSIDERED SEPARATELY. C -1 A communication from Council Member Anita J. Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performances of certain Council- Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, consisting of approximately 8 acres located at Countryside, where discussion in a open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 Reports of qualification of the following individuals: The Honorable David B. Trinkle as the City representative of the City of Roanoke /Roanoke City Public School Board Joint Services Committee for a two -year term of office ending June 30, 2014; James D. Grisso as the City retiree representative of the City of Roanoke Pension Plan, Board of Trustees, for a two -year term of office ending June 30, 2014; and Carolyn Glover as the City employee representative of the City of Roanoke Pension Plan, Board of Trustees for a four -year term of office ending June 30, 2016. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Appropriation of funds from the Federal Asset Forfeiture Sharing Program. Adopted Budget Ordinance No. 39383 - 052112. (6 -0) 2. Appropriation of funds from the State Asset Forfeiture Sharing Program. Adopted Budget Ordinance No. 39384 - 052112. (6 -0) 3. Authorization to file an application to rezone Parcel A, adjacent to the Public Works Service Center from Downtown Conditional to 1 -1, Light Industrial, in order to conform the zoning of the Public Works Service Center. Adopted Resolution No. 39385-052112. (6-0) 4. Acceptance and appropriation of funds for the Safe Routes to School Grant from the Virginia Department of Transportation. Adopted Resolution No. 39386- 052112 and Budget Ordinance No. 39387 - 052112. (6 -0) 5. Execution of the Revised Appendix A in connection with the Virginia Department of Transportation Safe Routes to School Projects; and transfer of funds. Adopted Resolution No. 39388- 052112 and Budget Ordinance No. 39389- 052112.(6 -0) 6. Execution of a Memorandum of Understanding between the City of Roanoke and the Art Museum of Western Virginia d /b /a the Taubman Museum of Art to provide educational programs to the Roanoke City Public Schools; and transfer of funds. Adopted Ordinance No. 39390- 052112 and Budget Ordinance No. 39391 - 052112.(6 -0) COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Leadership College Graduation o Held Thursday May 17, at Hibachi Grill & Supreme Buffet in Town Square Shopping Center 0 24 graduates o Already have a waiting list for next spring May is Neighborhood Month 0 During the month of May, many of our neighborhood groups have hosted events to celebrate their neighborhoods. D Events so far have been very well attended. D Thanks to the Roanoke Times forthe tremendousjob they havedone promoting these activities: Covered Gainsboro Block Party in the Sunday, May 6 Virginia Section • All events were included in their weekly calendar of events • Printed a separate section in the newspaper every week titled "Neighborhood Month Events." • The remaining activity is scheduled for Monday, May 28: The 5th Annual Miller Court Neighborhood Celebration & Picnic (Intersection of Portland Ave. & Lewiston Street at neighborhood sign) from 4 to 6 p.m. Downtown Events 0 Festival in the Park coming up: Memorial Day Weekend - Friday, May 25 through Monday, May 28 at Elmwood Park Q Check www.eventzone.org website for details 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for the Virginia Incentive Program for Speech- Language Pathologists; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39392 - 052112. (6.0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Bestpitch commented on the following: Party in the Park would be on Thursday nights starting May 24 and continue through September 13 1" and 3rtl Fridays on Franklin had begun on May 4 and would continue through September 21 The sidewalks on the north side of Hershberger Road were almost complete and he would like for staff to look into extending the sidewalks on the east side of Hershberger Road because of the narrow shoulders and other safety concerns. Recommended that a work group be established to focus on whether elections should be moved from Mayto Novemberand if so, whether they should be on the even or odd years. He further recommended that a work group be established to address the issue. After a brief discussion by the Members of Council, Mayor Bowers stated that the matters pertaining to elections would be discussed at the June 4 meeting of Council. Council Member Ferris advised that the Lebanese Festival would be held on June 1, 2 and 3 at St. Elias Catholic Church, 4730 Cove Road. He further advised that there would be plenty of food, entertainment and desserts; free admission; and everyone was welcome but there would be a nominal fee for food and beverages. Mayor Bowers presented a proclamation recognizing Monday, May 28, 2012 as Memorial Day. Council Member Bestpitch commented that the Memorial Day Ceremony of the Veteran's Council would be held on Memorial Day at 10:00 a.m. at the War Memorial on Lee Plaza with the Commandant of the Corps of Cadets from Virginia Tech as the featured speaker. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Barton Wilner to serve a one -year term of office as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, ending June 30, 2013. 12. RECESS. AT 2:49 P.M., THE COUNCIL MEETING WAS RECESSED FOR CLOSED MEETINGS. AT 5:00 P.M., THE MEETING RECONVENED WITH ALL MEMBERS OF COUNCIL IN ATTENDANCE WITH THE EXCEPTION OF COUNCIL MEMBERS LEA AND ROSEN. CERTIFICATION OF CLOSED MEETING. (5 -0) AT 5:01 P.M. THE COUNCIL MEETING WAS RECESSED TO BE RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION MAY 21, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Mayor Bowers was absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 109, sponsored by Loudon Avenue Christian Church. Welcome. Vice- MayorTrinkle. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, May 25 at 7:00 p.m., and Sunday, May 27 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Westside Elementary School Debate Team. Council Member Price presented Certificates of Recognition to the students. B. PUBLIC HEARINGS: Request of 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate, discontinue and close a portion of Wasena Avenue located between 8'" Street, S. W., and the Norfolk Southern Railroad right - of -way; and a portion of Howbert Avenue and 81" Street, S. W., at the i ntersection of the two rights -of -way, containing approximately 828.01 square feet. C. Cooper Yuell, IV, Agent, Spokesperson. Adopted Ordinance No. 39393-052112. (6-0) Request of Straight Street Roanoke Valley, Inc., for exemption of taxation on real property located at 339 Luck Avenue, S. W. Keith Farmer, Director, Spokesperson. Adopted Ordinance No. 39394-052112. (6-0) 3. Proposal of the City of Roanoke to issue General Obligation Public Improvement Bonds, in the principal amount of not to exceed $14,000,000, in connection with various capital improvement projects. Ann H. Shawver, Director of Finance. Adopted Resolution No. 39395- 052112 and Budget Ordinance No. 39396 - 052112.(6 -0) 4. Request for Proposal from the City of Roanoke for a Turn Key On -Site Parts and Related Items Operation (Parts Operation) to be provided to various City departments through the City's Fleet Division located at 1802 Courtland Avenue, N. W. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39397-052112. (6-0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNED - 7:36 P.M. 1, CITY OF ROANOKE CITY COUNCIL (14 315 Church A enae, S.W. Noel C Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 _— Telephone (540) 853 -2541 DAVIDA.BOWF.RS Fax: (540) 853 -1145 Mayor May 21, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael L. "Ray" Ferris Sherman P. Lea Anita 1. Price Court G. Rosen David B. Tdnkle Due to a prior commitment, I will not be present for the 2:00 p.m. session of City Council; however, I will be present at the 7:00 p.m. session. Best wishes for a successful meeting. Sincerely, A.— Sherman P. Lea Council Member /ctw PC: Christopher P. Morrill, City Manager Timothy Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE MAYOR ^ 215 CHURCH AVFV UF. SW_, SUITE 452 ROANOKE, VIRGINIA24011 -1594 IELEPHONE f3001MI'444 FAX L54I1853 1145 DA \'ID A. ROWERS >lavor May 21, 2012 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Trinkle and Members of Council: Due to a prior commitment, I will not be present for tonight's public hearings at 7:00 p.m. Best wishes for a successful meeting. Sincerely, David A. Bowers Mayor /ctw pc: Christopher P. Morrill, City Manager Timothy Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE CITY COUNCI L _ 15 Church Avenue, S.W. :� z Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 -� Tcicphone_ (540) 953 -2541 DAVID A. BOWERS Fax'. (540) 853 -1145 3lavur May 21, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E, 'Ray' Ferris Sherman P. Lea Anita.l. Price Coart G. Rosen David B. Trickle I wish to request a Closed Meeting to discuss the annual performances of certain Council- Appointed Officers, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, � � Anita J. Price, Chair City Council Personnel Committee ANJ:ctw 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, approximately 8 acres located at Countryside, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to g2.2- 3711.A.3, Code of Virginia (1950), as amended. *to ------------- P. Morrill City Manager Distribution: Council Appointed Officers r STEPHANIE M. MOON, MMC 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 Faa: (540) 853 -1145 E -mail: clerk®roano keva.8ov May 22, 2012 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. W EBB Assistant Deputy City Clerk This will advise that the Honorable David B. Trinkle has qualified as the City representative of the City of Roanoke /Roanoke City Public School Board Joint Services Committee for a two -year term of office ending June 30, 2014. Sincerely, Jonathan E. C ft Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, David B. Trinkle, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that l will faithfully and impartially discharge and perform all the duties incumbent upon me as the City representative of the City of Roanoke /Roanoke City School Board Joint Services Committee for a two -year term of office ending June 30, 2014, according to the best of my ability. So help me God. AD I B. INKLE The foregoing oath of office was taken, sworn to, and subscribed before me by David B. Trinkle this /s `day of T 2012. Brenda S. Hamilton, Clerk of the Circuit Court a/ 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 ANIE M. MOON, MMC STEPHANIE E-mail; clerWrommlava,ov JONATHAN CRAFT f ty Clerk Deputy City Clerk y CECELIA T. WEBB Assistant Deput3 City Clerk May 22, 2012 Ann H. Shawver, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Shawver: This is to advise you that James D. Grisso has qualified as a City retiree representative of the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office ending June 30, 2014. Sincerely, Jonathan E. Cra Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, James Grisso, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City retiree representative of the City of Roanoke Pension Plan, Board of Trustees, for a two -year term of office ending June 30, 2014, according to the best of my ability. So help me God. J es Grisso The foregoing oath of office was taken, sworn to, and subscribed before me by t0. James Grisso this � day of 2012. Brenda S. Hamilton, Clerk of the Circuit Court 11 �Y,594 �* CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 pas: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: elerlQa)roauokeva.,v JONATHAN E. CRAfT City Clerk Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk May 22, 2012 Ann H. Shavover, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Shawver: This is to advise you that Carolyn Glover has qualified as the City employee representative of the City of Roanoke Pension Plan, Board of Trustees for a four -year term of office ending June 30, 2016. Sincerely, Jonathan E. Cr-� Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Carolyn Glover, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City employee representative of the City of Roanoke Pension Plan, Board of Trustees, for a four year term of office ending June 30, 2016, according to the best of my ability. So help me God. Y; 7 The foregoing oath of office was taken, swon -fo, and subscribed before me by Carolyn Glover this T day ofk 6 . 2012. Brenda S. Hamilton, Clerk of the Circuit Court r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39383 - 052112. AN ORDINANCE to appropriate funding from the Department of Justice Federal Asset Sharing Program and the Department of Treasury Federal Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations DoJ Expendable Equipment DoT Expendable Equipment Revenues DoJ Federal Asset Forfeiture DoJ Federal Asset Forfeiture - Interest DoT Federal Asset Forfeiture - Interest 35- 640 - 3304 -2035 $ 42,811 35- 640 - 3307 -2035 11 35- 640 - 3304 -3305 40,017 35- 640 - 3304 -3306 2,794 35 -640- 3307 -3308 11 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: jkpur City Clerk. I` CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Acceptance and Appropriation of Federal Asset Forfeiture Funds Background: In 1986, the United States Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U.S. Department of justice and certified by the U. S. Attorney. This property, including funds shared with state and local agencies may be used only for the purposes stated in the application, i.e., narcotics investigations related to law enforcement. Participation in federally forfeited property sharing enhances the effectiveness of narcotics investigations by providing necessary investigation equipment and offsets the costs that would otherwise have to be borne by the City's taxpayers. Considerations: The Police Department receives funds periodically from the Federal Asset Forfeiture Sharing Program. Federal law mandates that these seized funds be placed in an interest bearing account until forfeited and that the interest earned be used in accordance with program guidelines. Revenue in the amount of $40,017 and interest in the amount of $2,805 has been collected and is available for appropriation to the corresponding grant fund account. The $42,822 will be appropriated to the expendable equipment budget which will allow the Police Department to continue to acquire new and replacement equipment for officers (ballistic vests, computer software, etc.) as well as equipment for vehicles (cameras, partitions, and window barriers, etc.) Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate in the amount of $42,822 and appropriate funding in the same amount in the corresponding expendable equipment account. --- - - - - -- Chnstopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39384 - 052112. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Revenues State Asset Forfeiture - Interest State Asset Forfeiture 35- 640 - 3302 -2035 $ 88,809 35- 640- 3302 -3299 742 35- 640 - 3302 -3300 88,067 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. %for CITY COUNCIL AGENDA REPORT �T To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Acceptance and Appropriation of State Asset Forfeiture Funds Background: In 1991, the Virginia General Assembly passed legislation allowing local law enforcement to seize property that is connected with illegal narcotics distribution. The Code of Virginia also makes it possible for police departments to receive proceeds from these forfeited properties. Application for an equitable share of the property seized by local law enforcement must be made to the Department of Criminal justice Services, Forfeited Asset Sharing Program and be certified by the Chief of Police. Property which includes funds shared with state and local agencies may be used only for law enforcement purposes. Program requirements mandate that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Considerations: The Police Department receives funds periodically from the State Asset Forfeiture Sharing Program. The Code of Virginia mandates that these seized funds be placed in an interest bearing account until forfeited and that the interest earned be used in accordance with program guidelines. Revenue in the amount of $88,067 and interest in the amount of $742 has been collected and is available for appropriation to the corresponding grant fund account. The $88,809 will be appropriated to the expendable equipment budget which will allow the Police Department to continue to acquire new and replacement equipment for officers (ballistic vests, computer software, etc.) as well as equipment for vehicles (cameras, partitions, and window barriers, etc.) Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate in the amount of $88,809 and appropriate funding in the same amount in the corresponding expendable equipment account. ( k -------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police f 5�t�h IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39385- 052112. A RESOLUTION authorizing the City Manager to file an application to rezone Official Tax No. 3070322 to bring such lot into conformity with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. WHEREAS, prior to 2002, the Public Works Service Center, located at 1802 Courtland Road, NE, extended from Noble Avenue to the north to Carver Avenue to the south (collectively referred to as the "Parcel'); WHEREAS, the Parcel has been subdivided into three (3) lots, Official Tax Nos. 3080433,3070322 and 3070316; WHEREAS, Official Tax No. 3070322 was zoned, D, Downtown Conditional, for possible use as a stadium/amphitheater; WHEREAS, plans to build the stadium \amphitheater on Official Tax No. 3070322 are no longer being pursued; WHEREAS, Official Tax No. 3070322 contains an active part of the Public Works Service Center which includes fueling stations, underground storage tanks, a wash house, and vehicle /equipment storage areas, which would have been relocated if the stadium /amphitheater project had proceeded; WHEREAS, Official Tax No. 3070322 needs to be rezoned from D, Downtown Conditional, to I -1, Light Industrial, in order to bring the uses which include the fueling stations, underground storage tanks, a wash house, and vehicle /equipment storage areas, into conformity with the zoning ordinance; and K \TaIrOn eaeures city eourcII meesoreSQ012kes- rezone parcel A adjacent to 1802 court] and rd -pub works sve etr doe I WHEREAS, it is the desire of City Council to consider the rezoning of Official Tax No. 3070322 from D, Downtown Conditional, to I -1, Light Industrial. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: That public necessity, convenience, general welfare and good zoning practice require the filing of a petition to rezone Official Tax No. 3070322 from D, Downtown Conditional, to I -1, Light Industrial, for the purpose of bringing the existing uses on Official Tax No. 3070322 into conformity with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. 2. That the City Manager is authorized to file an application with this Council, similar in form and content to the application attached to the report dated May 21, 2012, approved as to form by the City Attorney, to rezone the subject property from D, Downtown Conditional, to I -1, Light Industrial, with any proffers, if deemed appropriate, for consideration. ATTEST: tgw7}z City Clerk. K \TeleviAmeemresVcity..0 l meamre5t20121e, . nep-1 A adjacent d 1802 courtland rd -,b works s,c ct doc 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Rezoning Parcel A (Official Tax Number 3070322) Adjacent to Public Works Service Center Background: Prior to 2002, the Public Works Service Center (1802 Courtland Road, NE) site extended from Noble Avenue to the north to Carver Avenue to the south. Plans were made to build a Stadium /Amphitheater on the south end of this parcel. Therefore, a parcel was subdivided off and zoned Downtown Conditional. The new parcel contained an active part of the Public Works site that included the fueling stations, underground storage tanks, wash house, and vehicle /equipment storage areas which would have been relocated if the project had proceeded. Plans to build the Stadium /Amphitheater on this site were not pursued. Therefore, there is a need to make the entire Public Works site a conforming use under the current Zoning Ordinance. On March 4, 2011, the former Stadium /Amphitheater site was re- platted to clean up internal lot lines and create two new parcels, A and B. Parcel A contains the fueling stations, underground storage tanks, wash house, and vehicle /equipment storage areas, plus a small amount of space for the future expansion of these features, if needed. Parcel B contains the remainder of the site which is available for economic development purposes. Considerations: The new Parcel A needs to be re -zoned from Downtown Conditional to 1 -1, Light Industrial, in order to conform to the zoning of the Public Works Service Center. Recommended Action: Authorize the City Manager to file an application, similar in form to the attached, to rezone Parcel A, designated as Official Tax Number 3070322 from Downtown Conditional to 1 -1, Light Industrial. JV-ZI-.,L ----------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Christopher L. Chittum, Planning Administrator Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Arginla 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: May 21, 1012 Submittal Number. original6uhmktal IReauFstl/rs4 ere,�llfEhai aTO'uFn1'RA ❑x Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 1684 Courtland Road, N.E., Roanoke, Virginia Official Tax No(s).: 3070322 Existing Base Zoning: ❑x owntown ditions With Con D (If multiple zones, please manually enter all districts.) r7 Without Conditions Ordinance Nola), for Existing Conditions (If applicable): 36213 012103 Requested Zoning: 1 -1 Proposed Land Use: Governmental Facility Name: City of Roanoke, Virginia Phone Number. Address: 275 Church Avenue,SW, ROanoke,VA 24011 E -Mail: Property Owner's Signature: ' ini Name: Phone Number: Address: E -Mail: Applicant's Signature: i ble Name: Christopher P.Morrill, Clty Manager Phone Number: +t (5407853 -2333 Address: 215 Church Avenue, SW, Room 364, Roanoke, VA 24011 E -Mail: christophecmordll @roanokeva.gov Authorized Agent's Signature: Zoning Amendment , f Complefedapplication form and checklist. I- Written narrative explaining the reason for the request. F- Meles and bounds description, if applicable. F- Filing fee. f- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. i- Written proffers. See the Citys Guide to Proffered Conditions. iw ROANOKE Concept plan meeting the Application Requirements of item '2(c)' In Zoning Amendment Procedures. Please label as F 'development plan' if proffered. r i- Development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. r- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Citys Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, F- if applicable. r Written proffers to be amended. See the Citys Guide to Proffered Conditions. (x Copy of previously adopted Ordinance. F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. I- Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Secgon 36.2- 336(d) of the Citys Zoning Ordinance. i- Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix &2(e) of the Citys Zoning Ordinance . MEMIMMI I im I. b DO giffill 101 Mom M1111MMINIM r Cover sheet. r Traffic impact analysis. F- Concept plan. i- Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govipbd by selacting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. . _ I j ilia :► 1il 9 r =land . y G .a Y i ax 3 Zoning 1_1 Y.. % 'y iNq ,x• I 1 I � # c. �.. 1 � Mum I 4' r u I , 4( aii IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of Nay, 2012- No. 39386 - 052112. A RESOLUTION accepting a Virginia Department of Transportation (VDOT) Safe Routes To School (SRTS) Grant; authorizing the City Manager to execute a Grant agreement between the City and VDOT for such Grant funds; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke hereby accepts the VDOT Grant in the amount of $417,435 to provide funds for the Garden City Elementary School SRTS Project, all as set forth in the City Council Agenda Report dated May 21, 2012, to this Council. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement substantially similar to the one attached to the above mentioned Agenda Report, such Agreement to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT Grant, with any such documents to be approved by the City Attorney. ATTEST: ,�OLf(jz City CLerk K. \teg \rw- accepting VDOT's sefr routes to school grant - garden city doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39387 - 052112. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Safe Routes to Schools Program to the Safe Routes to Schools- Garden City Elementary project, amending and reordaining certain sections of the 2011 -2012 Capital Projects Fund Appropriations and dispensing with the second reading bytitle of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 530 - 9532 -9007 $ 417,435 Revenues VDOT — SRTS (Garden City 08 -530- 9532 -9532 417,435 Elementary) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �O a`0 y City Clerk. (G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: VDOT Safe Routes to School Grant Acceptance Background: The Virginia Department of Transportation (VDOT) administers a Safe Routes to School (SRTS) program that annually awards grants to local governments and school systems to encourage elementary and middle school students to walk or bicycle to school. Such grants can be used for infrastructure (e.g., construction of sidewalks, multi -use paths, crossings, etc.) and non - infrastructure /programmatic activities (e.g., development of plans, training, etc.). Staff from the City of Roanoke and Roanoke City Public Schools developed School Travel Plans for the Garden City area and a Safe Routes to School grant proposal was submitted to VDOT to begin implementation of the program. VDOT approved $417,435 in funds, on a reimbursement basis, for sidewalk infill along Garden City Boulevard in the vicinity of Garden City Elementary School. No City matching funds are required. The project will be managed and implemented by the City's Engineering Division. Recommended Action: Accept the above mentioned grant in the amount of $417,435 and authorize the City Manager to execute a grant agreement substantially similar to the VDOT Standard Project Administration Agreement (UPC # 102856) attached to this report, in a form approved by the City Attorney, between the City of Roanoke and VDOT. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT grant funds, with any such additional documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for VDOT SRTS funds in the amount of $417,435 and appropriate funding of the same in an expenditure account to be established in the Capital Projects Fund by the Director of Fi -- --------------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Project Number UPC Local Govermnent SRTa- 139- 323,P101,R301,C501 lonE6 cityof Om e THIS AGREEMENT, made and executed in triplicate this _ day of 20_, by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to Finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: The LOCALITY shall: Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet an funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identifiod in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match and/or termination of this Agreement c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary, engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of each Project's development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. f No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the fort prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up -to -date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the Locality. For federally funded projects and pursuant to the Code of Federal Regulations, Title 49, Section. 18.43, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (PHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 33.1 -44 or Section 33.1 -70.01 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement h. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state -aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, and local laws and regulations. If the locality expends aver one Apmed 1WIM010 2 $500,000 annually in federal funding, such certification shall include a copy of the LOCALITY's single program audit in accordance with Office of Management and Budget Circular A -133. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. L For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination. 2. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which we the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraphl.f, reimburse the LOCALITY the cost of eligible Projcct expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project- specific requirements agreed to by the parties. There may be additional elements that, once identified, OAGApproved 121172010 shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.1 -94 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown £or such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Parry will bring.a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Parry in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding my other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between the either party and other persons or entities conceming any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, receive a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9 This Agreement maybe terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 11,, l.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the oAO A,., tvwnom 4 DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and fcderal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs Lb or I.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If; within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, than upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach bas neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. OAG APPraved 1211T WO O INT WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written, OF , VIRGINIA: Typed or printed name of signatory Date Title Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Commissioner of Highways Date Commonwealth of Virginia Department of Transportation Signature of Witness Attachments Appendix A for the following Project UPC(s): 102856 Project Schedule (To be completed by local sponsor) OAG App. d 12117/2010 i. Locally AQmldsteracl Appendix Al PrblectbLmber: SMT 26.321 UPC: 102656 LncaW: CAN Of RWMRO Pmlen lemon zP.a rma.�1 LacellrBUM9tr ao8roaxe rawly RaemaOed P.ak z Xoa a WafWl Sm e iddeavalk, aMOeen Yakey Mountain Road d and M le, Aveend petlesbian hcilAGes, and IMetseWDn Improvement, almg GeNH, LY Ytlbw Mountain Road antl Mob Avenue. Emm Near rGarlaldityEe CraNeb C' ES o: Law Mere Mpum MNINmadllddleeYH IE5hl4ee COY.I J t Mana wC¢dad Yra B.T."o -m a 510 �1XM W MNd Lw5r01V CRLKIInh mWlepryN.R�Mitl'tlKCam d. e TM1eproiad w3A Leaanabuded aM mainslnW Ina ®Nance wXM1 VDOTe Rmd Delon ManeN • Us LOp,llywillconunmto%am% od M0013in1110 fecditaSOmrused. 6bouiaMe design sabres area plolml be Hlmed by Me Loodlity subsequent to proles by Me D' wXInH appmnlol Ne DepeaneN, IM1V IoaaPgsbemmby egl¢0e, by eaavtlon H LNSagreemenL w make revNUgplk egber pbyslplly W mmdadly, ae mgpked try me Dapadm0df • Ths is a i led sMS pmjeG TM LaWllydull bamapmslGe fv airy e0®IIm01 funding in aeees of $417,4 fdaPPlisab'e) • VOOTdargpmaysaremeduesinonasedV Te "I ht • VOOT mry prepare envunnmenyl revkw haumenlsbdlM1e prged, if.greed upon WbwM VOOT and melc.IRy. • SERP Is nH MM.d lW 5Rn plgsde. - •InaernNanmw federal peioyfarSSly Rwlesfo6sisd N(msbunum eelecw, pudsslds nod be b otonproleemwlbn me puMe qh1 away. •T11e pml¢d mLL31 Ee mmpkJai and 1113 IW18RB Blbplbn BXmndM Ey Nree yeaR Irml tlHe.fagraBmeelor IMprolecl maybe wbjsl ytle9XQ'RtIO:t • , Mus.ryelpineednp mmtba umewny WNln Mre0 (3)monaR hpm Ne Oas.f egleemenX al Na Mt imolm saNaa3Mn six (e)rronNS am nd lBSS Van every B3 . Tam prnleal allopuons: 5417.435 no fslmen, la colossi sd red. -.-I aaa[nnad b wa aWn , sl Me 1. e. m Me 00ieORN ...L shy Woulana Me Tr a d ul PMae wnr el awes.$ ogre., Norio VCne,dDal RttnmlaMOdMYND01e ttKd wpdeed. Nream 9PaN PAea Fslln✓ep PmpOCmb ibadspT! (Q.WM >AenduP dwna �% PanlaPem fiu Law Mere Mpum MNINmadllddleeYH IE5hl4ee COY.I J FzI. abwbow m ".l eosbv (AYa Wlmnmtld%d�r¢ VOBT6pmv KAM. Esdarme, n Tab, PE ss maso a0 SO S.. ]S MI 523,709 Tawmv M 0 sIn'top SIM. $120,300 se $371.835 $271,935 Taw cR Saun s Too. Eslw¢IN C., 1] 5117.135 Total Maximum ReImbumement by VOOT W taasl Leas LOW Share $417435 Es[ ebd Toles Reimbum nanutb WW to tocafi Lma Local Shan and! VOOT eases 15935 ORT9 Aggregate MdffBm 4BwapB S417,435 17435 e TM1eproiad w3A Leaanabuded aM mainslnW Ina ®Nance wXM1 VDOTe Rmd Delon ManeN • Us LOp,llywillconunmto%am% od M0013in1110 fecditaSOmrused. 6bouiaMe design sabres area plolml be Hlmed by Me Loodlity subsequent to proles by Me D' wXInH appmnlol Ne DepeaneN, IM1V IoaaPgsbemmby egl¢0e, by eaavtlon H LNSagreemenL w make revNUgplk egber pbyslplly W mmdadly, ae mgpked try me Dapadm0df • Ths is a i led sMS pmjeG TM LaWllydull bamapmslGe fv airy e0®IIm01 funding in aeees of $417,4 fdaPPlisab'e) • VOOTdargpmaysaremeduesinonasedV Te "I ht • VOOT mry prepare envunnmenyl revkw haumenlsbdlM1e prged, if.greed upon WbwM VOOT and melc.IRy. • SERP Is nH MM.d lW 5Rn plgsde. - •InaernNanmw federal peioyfarSSly Rwlesfo6sisd N(msbunum eelecw, pudsslds nod be b otonproleemwlbn me puMe qh1 away. •T11e pml¢d mLL31 Ee mmpkJai and 1113 IW18RB Blbplbn BXmndM Ey Nree yeaR Irml tlHe.fagraBmeelor IMprolecl maybe wbjsl ytle9XQ'RtIO:t • , Mus.ryelpineednp mmtba umewny WNln Mre0 (3)monaR hpm Ne Oas.f egleemenX al Na Mt imolm saNaa3Mn six (e)rronNS am nd lBSS Van every B3 . Tam prnleal allopuons: 5417.435 no fslmen, la colossi sd red. -.-I aaa[nnad b wa aWn , sl Me 1. e. m Me 00ieORN ...L shy Woulana Me Tr a d ul PMae wnr el awes.$ ogre., Norio VCne,dDal RttnmlaMOdMYND01e ttKd wpdeed. Nream 9PaN 1. " POTENTIAL SCHEDULE FOR - LOCALLY- ADMINISTERED PROJECT UPC Amuapatea nclmry Completion Date Project Development Activity (wrpoteneai fterr wj !Hold kickmff meeting with VDOT Procure consultant (0 -3 months) Hold scoping meeting (within 3 months of agreement date) Submit 50% plans to VDOT for review & comment 1(0-6 months; 2 weeksfor VDOT review) / / !Complete environmental document (0- 9months) ----..---'.... .... ..................... _ ..........._._._.__'----------.....-------- !Submit 90% plans &bid document /technical specs to VDOT for review / / ... ....... _. —. _ _ ' (0 -3 months, 4 weeks for VDOTreview) .�_.__.._.____�_.-- . -._.__ — __....-- ______-- ______ ----- I I I !Obtain R -O -W Certification (include 2 weeksfor VD0Treview ondissuance) I / !Submit final plans & bid document /technical specs to VDOT ;(0-4 months, • 2-4 weeksfor VDOTreview) I I 1 Request & obtain Advertisement Authorization (0-2 months) I / !Advertise for bids i !Award contract /begin construction (0 -3 months; within 24 months of ;agreement date; VDOT must approve contract award before NTP) . ______________________ 1 I ---- __ ---- __ --- _ ----------- —__ -------- ------- ----- — _________ —__ !Construction complete (within 36 months of agreement date) _ --- ______ --------------- — ---- ----------------------------------------------- -------- — ________ :Final reimbursement request - i 'Dmeframes listed by VDOTare forestimadon purposes only Note that this schedule must be completed before Project AdministraVon Agreement & Appendix A will be executed and returned. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39388 - 052112. A RESOLUTION authorizing the City Manager to execute certain Revised Appendix A documents in connection with two Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grants in order to transfer Grant funds from one project to the other project; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this transfer and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a VDOT Revised Appendix A, UPC: 87187, for the Lucy Addison Middle School SRTS Project and a VDOT Revised Appendix A, UPC: 93194, for the Monterey Elementary School to Breckimidge Middle School SRTS Project, each in a form substantially similar to the documents attached to the City Council Agenda Report dated May 21, 2012, with such documents to be approved as to form by the City Attorney. The purpose of such documents is to transfer unused funds from the first Project (UPC: 87187) to the second Project (UPC: 93194). 2. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to transfer, implement, administer, and use such Grant funds as set forth in the above mentioned Agenda Report, with any such documents to be approved by the City Attorney. K- \teg \res- accepting VOOT's safe routes to school grant -tx fands.doe ATT T: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39389 - 052112. AN ORDINANCE to transfer funding from the Commonwealth of Virginia Department of Transportation for the Safe Routes to School Program from the Addison Middle School Project to the Monterey Elementary School- Breckin ridge Middle School Project, amending and reordaining certain sections of the 2011 -2012 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds 08- 530 - 9523 -9007 $ (92,558) Revenues Safe Routes to School Grant 08- 530 - 9523 -9523 (92,558) Grant Fund Appropriations Construction - Other 35- 530 - 8181 -9065 92,558 Revenues Safe Routes to School Grant FY10 35 -530- 8181 -8181 92,558 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ko City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: VDOT Safe Routes To School Program Funds Authorization to Amend VDOT Agreements and Transfer Funds Background: The Virginia Department of Transportation (VDOT) administers the Safe Routes to School (SRTS) program that awards grants (100% reimbursable for eligible costs) to encourage elementary and middle school students to walk or bicycle to school. VDOT awarded Safe Routes to School program funds, and agreements between VDOT and the City of Roanoke were entered into, for two (2) projects within the City as follows: SRTS Project - Addison Middle School VDOT Project Number SRTS- 128 -296; UPC 87187 - provided $325,982. On July 20, 2009, Council authorized acceptance and appropriation of funds by Resolution No. 38347 - 020209 and by Ordinance No. 38348- 020209. SRTS Project - Monterey Elementary School to Breckinridge Middle School VDOT Project Number: SRTS 128 -308; UPC 93194 - provided $474,188. On July 20, 2009, Council authorized acceptance and appropriation of funds by Resolution No. 38533- 072009 and Ordnance No. 38534- 072009. The SRTS Addison Middle School project is complete. VDOT reimbursed eligible project expenses of $221,840 and incurred $11,584 in administrative costs, leaving $92,558 in SRTS funds not utilized. The SRTS Monterey Elementary School to Breckinridge Middle School project is in the final design stage and the plans have been sent to VDOT for approval. The project estimate, including contingency, for this project is $569,829. Considerations: VDOT has agreed to transfer the balance of SRTS funds from the Addison Middle School project ($92,558) to the Monterey Elementary School to Breckinridge Middle School project. A revised Appendix A to the VDOT Standard Administration Agreement for each project has been provided by VDOT to reflect the transfer of funds (see attached). The City's revenue and appropriation amounts for both projects need to be adjusted to reflect the transfer. Recommended Action: Authorize the City Manager to execute the Revised Appendix A documents for each project, substantially similar to the two documents attached to this City Manager's Report dated May 21, 2012. Such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to reflect the transfer of $92,558, by reducing the revenue and appropriation estimates for the SRTS (Infrastructure Improvements) - Lucy Addison Middle School, Account 08 -530- 9523, and increasing the revenue and appropriation estimates for Safe Routes to School (FYI 0) - Monterey Elementary School to Breckinridge Middle School, Account 35 -530 -8181. M- l- - - -- - Porri City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengston, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Locally Administered Appendix Al UPC: 87187 LoalliN Prq$G LOralian ZlP +4:240145921 Lpglity DUNSM W6704316 Locellry Address QOGZIPK): PnIMInny En0lnaaMg R RIN .'Wa and Jul. C 215 Cburob Av61ue 5 W. Total ESOmeted ChM EAmePoE LOe&Iy Proleq Enpanaes 531.572 325,000 5171,852 R2e.424 Eatlmaled vCOr FqM Ss OCO EO s0 233,42 Ealknalatl TNelFmjed CCabeS $30.572 525.000 $t1T052 $233,424 RCanOkp, VA 24011 P pectN the ELlmarem.lea COSta L TtlStore dusk Safe Roulea W School(SRTS)clojM IS Min,provewakn0 and bicycling uba Io Aaancn Mbala School by audema from IecgenXel magtlbomooM gmerelly La Cal %Panldpa0oz lw ( coal Oth antl by pro ... a n ilommor,cuNramps, bdutre antlmllNUUIran segmenlaln manors bcdlma Those Indu4t Hunt Avenue- MDrormateNT150Poe1eNeadk Scope: end arb and BUtic, can o1101b nreel ;LmnAVenLa- appmdnat6y5001edol eiaeueIX end cuN Sla gutltt, weal aldne151. M.Staunten AVeana WISINW -Umwm PrebarproscreEng,reenng $ amps: LIbMy Roatl In hmlo! Gn WIn Terse Stlpd -tvo NN temps: mul4usa tnA mrxledkna In LInmF Tenece: end Carves- approtlmeldy aZ f6e1 MmuXiuse Dah, bpbra5 SRTS O and li Ms, Frcm: IN. MOlecn SAMP. S leol ESIX2 Loca2y R.J. Mm er Contact MO: N Munson- Soldnlm mrommena.pov -NS -1280 CepeMre 11 RqM COerbimtlo Contact l ono: MlVidkC —shom- MICRNIe,OamNenwaoLworan a BOv Is ett 6Hmates - - PnIMInny En0lnaaMg R RIN .'Wa and Jul. C CmSWabn T Total ESOmeted ChM EAmePoE LOe&Iy Proleq Enpanaes 531.572 325,000 5171,852 R2e.424 Eatlmaled vCOr FqM Ss OCO EO s0 233,42 Ealknalatl TNelFmjed CCabeS $30.572 525.000 $t1T052 $233,424 Pro act C Cost and Relmbunement Phase E ELlmarem.lea COSta L Fundz type L La Cal %Panldpa0oz lw ( Lcul Snrte Pmwrnl ( Medmum RemNrromenl E EAimMed Reinbvzemanl PrebarproscreEng,reenng $ $38.572 S SRTS O ON. S SO 1 138522 ESIX2 SO Ri Id Wa,.1mucea S Ste 000 S SRTS 0 0% $ $1 3 325,000 $35.003 MAaICN $ $121052 S SRTS 0 0% 5 50 5 5171,853 SVI d52 Td al E$aM&W COZI 1 1333434 3 30 5 5233,420 $ $228A2d Total Maximom Ralmbut$amsnlb VOOT he LOCali (Le$e LOCal Share) 3 3233,62d Eslimatad Total Reimbursement by VDOT to Loc afily jLau LOCal Share and VDOTESpenses 5 5228,424 Pro Wt Fleancin SRTS Aggregate AIIpcMiou 5233 024 4 $2!3,4244 d ID6 projB[I Ma'I b! eaminiNeretl N accordance wYb V Wi'a GWae (a Lrcal AdminiMra 1dl o Vio ri a neoemnen of1m nsowlreoi P e M to occordenm MP (¢dads pollry lor5afe Rouleata Schad YIM1asW tlure prgMS, pubic funds must be spent m pes odswMF the public nBM place All meta meeding evmYble Safe Rato to School Nnd"ll bebpme 100% by Me bratty. Vlsl]T MI rdmpUriv Ittilly I WM d dgibb wale up to Ibe Maxanum RdmblreanMl/vmm�t. voDT anamaa may lnCTase dueminaeeaee vbor p�tteipm. ' For SRTS promda, Me b®'Xy abed mamas. tho projud. or bare II malnlolned, l0 a manner ralimbactory la the Depenment or Its mPaeed repeltmoa es, mod make ample provision u spelt mdnlenanno, roles¢ olbermiae aprttd to by the depulmorl SERP IS col recuuted Ill SIFTS projects, IDs proles most be completed antl Me Met project alccalkns eapatded byMay years from data of aBmmlenl or the protect may be subject to us corn push. rcel ponjecutmcanona: E2aaA24 maae an .1 stpub onno Acheloos toady ORdal and dale road or psmaa name of lost el Screamed MOOT Oficiah Recommend. and Date Toed or Mad name of person Sol Version 8119111 Local, Administered Appendix Al Project Number. SRTS- 128308 UPC: 93194 Lnral . Cqy of Roanoke Roldot Lmabon ZlP +:240145521 L000sty DUNS #006]04316 Locally Ness nnc +4: 15 Church Avenue SW Roanoke, VA 24011 ro'ect NmatNe Trial Estimated Coal one: The puryose do this Sale Roulea to SNOd1SRTS) pow is 10 MWwe,awaag and sa ding=tea lO Monterey E5. Preston IeM ES and to ereckiudge MS by madeMafran wormAnding reekeptialnalumbdhosOS. The POfed¢iacYtle: Wasowka -1 - note on An, men WNabw OrNeto PWSNIm Rm. m hod M. IXamN laepix. 4.SW In. ft 2- OSVa Read ndam MW AVeWOakWn OrNemhdh ¢Mee d¢beN tIXa es. 18601! tqT FUIJOE0:6aMenG Rmh si anE ream 60 1 $665.246 s0 TO New Nowlers, ES Realm mark ES and Bre-u— a MS EstinakE TOW RO' Cmtss 61 WO Eo 5555.uV1 5556,746 Project Contend Reimbursement d.dy Pediect bYnager Conductvlo, Jay Will - Jay WinqlROdnomVa.OV -wd-A5 Vu epnYrem Proj. Coordinator COmso late: Mitllelk Ceashers- MiNelk.CaluNVS®vdnvkginq,law, Pm ecl6tlm•le$ Pa.1m.wyEngimering Whtef Wayandt.Iles I Conso.d. Trial Estimated Coal EMm.d LMwI Pra d Ea enxs EWasseed VWT -ell W 61.SOO 60 1 $665.246 s0 TO $1.500 1 ;M EstinakE TOW RO' Cmtss 61 WO Eo 5555.uV1 5556,746 Project Contend Reimbursement Phase EAmmm Rated COels Fsma pop (Clww npn bromwn Lrul Lwsl %Pd, Tiedm le! FundsT Pa L.)Shae Amount Wrea enl -Lxal ) Esnlmam nemamsemex Io Lxelny (May,Rgmwdemxl- PrdNlb En issid $1.500 SRTS 0% $0 0 50 50 Taal lE Et6W $0 of Waye Dallis. s0 S"S ox so iA $o T.wl RW W Eo on9udoon 5555246 SRTS 0% So 6 TMSI CN 6535,246 $0 5 - 6..248 mal6llmatm Cmt $568748 EO 6 5565.246 Total Maximum Reimbursement by VOOT to Locality (Less Local Share) 5563]46 Estlmeted Total Reimbursement by VOOT to LOCalI (Lass LOCal Sham and VDOT Expenses) Prciecl Rmincing Ag9re9ato Adlocatlons SRTS +$566,748+ $568,746 Pm9mm and pmhwI Speeific Fund,!" Requirem #p4 • ThIapined Nellth WalllAered InawmanwwllhVWTSGuitledue MAtlmin W.habf —st is OemIMmlofTransoMatiwild 1. Is In lmCOMmmdiingImaalle Rove Rates 1. School jII W home te,,e MoMtlimuA Le spentmpmfMax NnA de publicngnl olway. • Allinnsl rCmngava0ebla0a Rhea to MISuundswillaxmane 1LQ6bydealAm V WT oil rps me, bmNy i W%M elgias m9a upb Me Maximum Reunlursemenl Pmaunl. • ve, S chews inn, Me ke ndue to Increased Voor w or aw • Fa SRTS pldam; Na buliry ahellmelnleln Me poled. a nave Il mamtalned, In a malnw salldappry d the Oe�M1mmt ar ila aumo(¢etl rePaswnasium, and make arnpb prwNOn eaO yaa • wad mmnrenalm wkas plheMSea9reN f0 by Ne tlepxmnerR prSENP'e ml mdultnd Wr5P1 S pOjmti The pgMmud M mmpNm and IhellMal pojM al'xatims vpendm by Ihrxyers M1om Yale olagreemml aNe poptl try be aOran Ion paaKKallen • Total p"M ellpMbm: 5556,T46 TM1b mmcbmeM is Method and made m mutual mlxhnvll% Pls document b+ No penbs to MIS warea end AuNP¢etl LoMity OffAiel and date TyNd a totaled name mpersm s,n, Authadaed VOOT Ofi l9) Recarmenmten mm oale Typed or si pinlednaneon M algnbg Ver 19/11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39390 - 052112. AN ORDINANCE authorizing the City Manager to enter into a Grant Agreement between the City of Roanoke and the Art Museum of Western Virginia d /b /a Taubman Museum of Art to provide educational programming to the Roanoke City Schools, and dispensing with the second reading of this ordinance by title. WHEREAS, in 2011 the Museum requested that the City make a grant to it of the sum of $100,000, in exchange for the performance by the Museum of certain educational services to benefit the City's public school students pursuant to the certain terms and conditions outlined in the Grant Agreement. To date the program has been highly successful and both the Museum and the City would like to continue with the Grant program; and WHEREAS, the City wishes to make a grant to the Museum for services to be provided for a one year term beginning May 22, 2012. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a Grant Agreement in the amount of $100,000 with the Art Museum of Western Virginia d/b /a Taubman Museum of Art to provide educational programming to the Roanoke City Schools, all as more particularly set forth in the City Manager's report to Council dated May 21, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: tl y City Clerk. K \MeazuresVGr�t Agreemeot Art Museum of W VA 12 .doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39391 - 052112. AN ORDINANCE to transfer funding from the General Fund Contingency account to the Taubman Art Museum account to provide education programming and services to Roanoke City Public Schools, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Taubman Art Museum Contingency 01- 300 - 7220 -3910 $100,000 01- 300 - 9410 -2199 (100,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST QE,o,trr City Clerk. w CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Memorandum of Agreement between the City of Roanoke and the Art Museum of Western Virginia d /b /a Taubman Museum of Art for educational programming and services to the Roanoke City Public Schools Background: On February 22, 2011, City Council adopted Ordinance No. 39062 - 022211, authorizing a Grant Agreement between the City of Roanoke and the Art Museum of Western Virginia d /b /a Taubman Museum of Art in the amount of $100,000 to provide educational programming to the Roanoke City Public Schools (RCPS). The Grant Agreement included numerous programmatic initiatives designed to increase coordination and alignment with the strategic goals and curricula of the City Schools. These initiatives included the following: (1) Expansion of the 5 -5 -5 program; (2) free museum admission to all RCPS students during 201 1 ; and (3) the development of middle school art camps and other summer enrichment programs. Since the initial grant was provided, the following outcomes were attained: 1) During Summer 2011 , the 5 -5 -5 program was expanded to six days with the additional day held at the museum to explore multiple careers and opportunities available in the museum world. Over 200 students participated in the program and were given certificates to return to the Taubman with their families at no cost. 2) In 2011, more than 12,000 students visited the museum at no cost. 3) During Summer 2011, RCPS and the Taubman partnered to resume the middle school art camps which were attended by more than 150 students. The camp curricula was coordinated and aligned with the RCPS summer school program and curricula and focused on critical thinking skills, visual acuity, technology and the arts. At this time, the Taubman is requesting that City Council authorize the renewal of the grant agreement between the City and the Art Museum of Western Virginia and provide a subsequent grant amount of $100,000 for educational programming at the museum for RCPS students. For 2012, the Taubman, in partnership with RCPS, has identified additional areas of coordinated programming. The curricula for Art Venture, the museum's interactive and immersive gallery for young people and their families, was developed in collaboration with teachers and Taubman staff and opened on March 31, 2012. Also, the museum's young curators program is now under discussion as part of the Art Venture offerings, and will include leadership of RCPS faculty and curatorial positions for RCPS students. Considerations The City has developed a one -year agreement with the Taubman Museum of Art, detailing the use of these funds, which is attached for your review. This agreement will be used to provide art education services to the Roanoke City Public Schools students and staff. Taubman Museum staff will be required to provide bi- annual progress reports to the City Manager on or before June 15, 2012 and on or before December 22, 2012. Roanoke County, Roanoke County School Board and the Taubman Museum of Art have a similar agreement to provide art educational programming to Roanoke County students. The art education programs held at the Taubman Museum address RCPS's strategic focus area #2 (Create an optimal urban learning environment) by increasing student participation and success in the arts by S% every year while reflecting the diversity of RCPS students). The programs also address RCPS's strategic focus area #4 (Collaborate with the City, businesses and community organizations to provide a better prepared student) in that it encourages a non- profit organization to support the RCPS strategic plan and partially address the school's resource limitations through strategic collaboration. Recommended Action: Authorize the City Manager to execute an agreement with the Art Museum of Western Virginia, d /b /a Taubman Museum of Art, providing a grant of $100,000 to the Museum for the educational services described above; such agreement to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to transfer funding from the Budget Contingency Account (01- 300 - 9410 -2199) to the Art Museum of Western Virginia, d /b /a Taubman Museum of Art, Account (01- 300 - 7220 - 3910). S/ --- -f_fzS - - - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Management and Budget April 16, 2012 The Honorable David Bowers, Mayor and Members of City Council City of Roanoke Roanoke, VA 24011 Dear Members of Council and Mr. Morrill: LEij Mr. Christopher P. Morrill City Manager City of Roanoke Roanoke, VA 24011 N ROANOKE CITY PUBLIC SCHOOLS Rita D. Bishop, Ed.D. Superintendent Thank you for providing Roanoke City Public Schools' students with the opportunity to participate in enrichment programs at the Taubman Museum. As part of the 5 -5 -5 Program, approximately 300 students were able to gain a sense of careers in the arts and develop an expanded appreciation for the arts. The staff at the Taubman worked with our students in a professional and caring manner. I believe that experiences like this will ensure that our students are able to extend their learning into the community. The Taubman staff is sensitive to the parameters of the Standards of Learning, and their staff encourages students to make important connections to the Standards and to arts education. In these difficult financial times it is easy to see the arts as a "frill;" however, my staff and I view it as an essential component of engagement and enrichment. I hope you will be able to continue this program for the 2012 -13 school year. Sincere , Rit D. Bishop, S perin[endent ww .rc Jrfa p: 540.853 -2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Ordinance No. 39392- 052112 appropriating funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations . The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012, and is in full force and effect upon its passage. Aere Jonathan E. Cr ft Deputy City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget CITY OF ROANOKE i a4 OFFICE OF THE CITY CLERK - 215 Church Avenue, S. W., Suite 456 !� Roanoke, Virginia 24011 -1536 Telephone: (540)853 -]541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 24, 2012 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Ordinance No. 39392- 052112 appropriating funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations . The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012, and is in full force and effect upon its passage. Aere Jonathan E. Cr ft Deputy City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39392- 052112. AN ORDINANCE to appropriate funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Revenues Federal Grant Receipts 302 - 234 - 0000 - 0350 -164F- 62240- 41129 -2 -01 302 - 234 - 0000- 0350 -164F- 62240- 42201 -2 -01 302- 234 - 0000 - 0280 -164F- 62240 - 41129 -3 -01 302 - 234 - 0000 - 0280 -164F- 62240 - 42201 -3 -01 302 - 234- 0000 - 0220 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0220 -164F- 6224042201 -2 -01 302 - 234 - 0000 - 0230 -164F- 62240 41129 -3 -01 302 - 234 - 0000 - 0230 -164F- 6224042201 -3 -01 302 - 234 -0000- 0420 -164F- 6224041129 -2 -01 302 - 234 - 0000 - 0420 -164F- 62240 42201 -2 -01 302 - 234 - 0000 - 0380 -164F- 62240- 41129 -2 -01 302 - 234 - 0000- 0380 -164F- 62240- 42201 -2 -01 302 - 234 -0000- 0090 -164F- 62240 - 41129 -2 -01 302 - 234 -0000- 0090 -164F- 62240- 42201 -2 -01 302 -234- 0000 - 0060 -164F- 62240 41129 -2 -01 302 - 234 - 0000- 0060 -164F- 62240 - 42201 -2 -01 302 - 234 - 0000 - 0050 -164F- 62240 41129 -2 -01 302 - 234 - 0000 - 0050 -164F- 62240 - 42201 -2 -01 302 - 000 - 0000- 0000 -164F- 00000 - 38027 -0 -00 $4,180 320 418 32 1,951 149 418 32 1,672 128 1,115 85 1,393 107 1,951 149 836 64 $15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: QM7'r City Clerk ULI R_O_ANOKE CITY PUBLIC SCHOOLS The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. oulton, Clerk pc: Timothy Spencer Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w /details) p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcpsonfo School Board May 21, 2012 David B. Carson Chairman The Honorable David Bowers, Mayor and Members of Roanoke City Council Todd Putney h Vice Chairman Roanoke, VA 24011 Mae G. Huff Dear Members of Council: Annette Lewis Suzanne P. Moore As a result of official School Board action on Tuesday, May 8, 2012, the Lori E. Vaught Board respectfully requests City Council approve the following revised Richard Willis appropriation request: Dr. Rita D. Bishop New Appropriation Total New Award superintendent Cindy H. Poulton Virginia Incentive Program for Speech - Language Clerk of the Board Pathologists $15,000 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. oulton, Clerk pc: Timothy Spencer Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w /details) p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcpsonfo �It A CITY COUNCIL AGENDA REPORT rt To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: School Board Appropriation Requests Background: As the result of official School Board action at its May 8th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Virginia Incentive Program for Speech- Language Pathologists grant will use federal funds of $15,000 to provide incentive payments in an effort to increase the pool of qualified speech - language pathologists working in Virginia public schools. To be eligible, speech - language pathologists must hold a masters degree in speech - language pathology, hold a current five -year renewable license with an endorsement as a speech - language pathologist by the Virginia Board of Education and be newly employed as a speech- language pathologist with a Virginia public school division. Six speech - language pathologists employed by Roanoke City Public Schools qualify for the incentive program. This is acontinuing program that will be fully reimbursed by federal funds and will end November 30, 2012. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. 4' &'ti \ —' ANN R Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS May 30, 2012 Timothy R. Spencer Acting City Attorney City of Roanoke Roanoke, Virginia Dear Mr. Spencer: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk I am attaching a copy of the transcripts of the comments ensued by Council Member Bestpitch at the regular meeting of Council held on Monday, May 21, 2012 at 2:00 p.m. with regard to moving the Councilmanic elections from May to November and realigning the precincts. Sincerely, Jonathan E raft Deputy City Clerk Enclosure PC: Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Laverne Shepherd, General Registrar Melvin Williams, Secretary, Electoral Board, 320 Elm Avenue, S. W., Roanoke, Virginia 24016 CITY OF ROANOKE .� OFFICE OF THE CITY CLERK - 215 Church Avenue, S. W., Suite 456 !� Roanoke, Virginia 24011 -1536 Tclephouc (540) 853 -2541 Fax (540)653 -1145 STEPHANIE M. MOON, MMC �nuil: uk@roanokeva. gov 6 cl City Clerk May 30, 2012 Timothy R. Spencer Acting City Attorney City of Roanoke Roanoke, Virginia Dear Mr. Spencer: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk I am attaching a copy of the transcripts of the comments ensued by Council Member Bestpitch at the regular meeting of Council held on Monday, May 21, 2012 at 2:00 p.m. with regard to moving the Councilmanic elections from May to November and realigning the precincts. Sincerely, Jonathan E raft Deputy City Clerk Enclosure PC: Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Laverne Shepherd, General Registrar Melvin Williams, Secretary, Electoral Board, 320 Elm Avenue, S. W., Roanoke, Virginia 24016 Excerpt from the May 21, 2012, 2:00 p.m. session of Roanoke City Council Council Member Bestpitch: You know, we're having a lot of discussion here recently about when and where and how we should do our Municipal Elections. We had some discussions some months ago now about the possibility of realigning the precincts and reducing the number of precincts in the City. I suggested at that time that we form a work group to kind of talk through some of those issues and make a recommendation about how it should be done and frankly that suggested didn't seem to generate a lot of enthusiasm. The Electoral Board came up with a proposal but that seemed to have stalled and we have another question whether they should continue to be held in May or be moved to November. It seems to me there are a lot of questions to consider, not the least of which would be if we did decide to change elections would it be better to keep them in the even numbered years as they are now, by moving them up 6 months and putting them in sync with the Presidential or Congressional elections or move it to the odd years when the campaigns for Governor or General Assembly is going on. There are a lot of questions and frankly I don't think we should rush to make any decision on this so I would like to suggest once again that the Council consider appointing a work group with a representative selected by the NAACP, one from the SCLC and somebody selected by the Mayor's Committee on Persons with Disabilities, the School Board, the Roanoke Neighborhood Advocates, one representative from the Electoral Board and one from City Council for a total of 7 members. That we ask those groups to appoint their representatives by the end of June then take July, August and September, do some work on this, come back to Council with a recommendation at our first meeting in October. Unless they decide they need more time and request an extension. So 1 put that out there Mr. Mayor. If you and my colleagues on City Council don't think that's a good idea then you can certainly let me know but I just feel like we need to stop just pushing this to the side and get serious about having some community based discussion about what we want to do and how we want to do it. Thank you very much. Mayor Bowers: Thank you Mr. Bestpitch. Ms. Price wanted to comment on that then if you want to put that in the form of a motion or however council might want to deal with the issue. Council Member Price: Thank you. Mr. Bestpitch I certainly applaud your suggestion and I think that sounds like a good recommendation as far as how to address, because certainly there are a lot of questions. However, I would just respectfully ask that we not put it in the form of a motion. Council Member Lea mentioned to me over the weekend that he certainly wanted to be, excuse me, present for any discussion. So, I just feel a little apprehensive in moving forward with even though it's a very viable recommendation, but I just feel like we should at least allow him the opportunity to weigh in on the discussion. Thank you. Mayor Bowers: All right, thank you Ms. Price. Did you want to comment on this as well? Or, did you want to speak to another matter? Council Member Ferris: Both. Mayor Bowers: All right I'll recognize you then go to Dr. Trinkle Council Member Ferris: Oh I'm up. Okay. Well I agree with Mr. Bestpitch that we need to take a look at these issues. We need to do something about the precincts. The Electoral Board came forward with the recommendation. We decided we wanted to look at it, I think after the election. Well, we are after the election now and I think that we need to get some input and make some progress on this. And so, I think that the suggestion that we form a citizen's committee to talk about it and look at what the Electoral Board has come up with is a good idea. Also with regard to moving the elections to a date other than a May election, um, I think we need some input. I would suggest, and of course, we will discuss this I guess when Mr. Lea is here. I would suggest that we have more groups than just the 7 that you've suggested Mr. Bestpitch. I think we need a wider breath of representation on that study group. And, you know, but I do think that we need to take a look at it and perhaps, you know, that might be something we'll talk about when Mr. Lea is here. The other thing I want to talk about has absolutely nothing to do with this Mayor Bowers so I'll wait. Mayor Bowers: I'll come back to you because I think the vice mayor wanted to speak on this matter. Vice -Mayor Trinkle: I was going to ask for clarification. I agree with Mr. Bestpitch this is an issue that is worthy of discussion, as much public input as we can possibly have. It seems to come up quite often. I'm not sure any task force is going to end up with 100 percent correct answer. There are pros and cons to the issue of moving the election, which I like to hear more about. In terms of the precincts, I think we need to make decisions, we're on a time line which we heard about from Melvin Williams and I see overlap with the suggestions. I agree with Council Member Price that we should wait for Sherman Lea to come back but I also want clarification, maybe the City Manager can do this or maybe we can have clarification at our next meeting. Isn't the Electoral Board doing a lot of this work in terms of the public input and in terms of creating a plan for us? I don't want to usurp. I heard just as recently as last week they are prepared and are preparing to come back before us with new updates and new time lines. So I just, you know, again we got all these issues coming together. I think it's great to discuss them. It should be discussed here on RVTV and we should probably have some public forums which we talked about last time I believe. So, I just want to make sure we're not doing anything outside of their realm and we all do it together is what I'm suggesting. Thank you Mayor. Mayor Bowers: Members of Council I'm advised by the interim City Attorney that he has a report transmitted to council today and also there was a deadline I think to move forward expeditiously on this. The deadline was put forward by the Electoral Board. Dr. Trinkle: It's at the end of the year for the following year Mayor Bowers: Maybe even a year after that. Vice -Mayor Trinkle: Right. So it's a long term thing we just have to make a decision by the end of the year. Which we have plenty of time to get public input in. I think the city manager may have something to say. Is it okay if i recognize the city manager? City Manager: What we're doing while the recommendation was not a staff recommendation our goal was to help with the data. So we've offered to help them with the public process. That's what our planning folks do and also with more visuals and things and perhaps some online, a way people can get involved. They can be two separate processes or perhaps it's a task force set up they could kind of sit in on the public input sessions also. So whichever way you go, we're here ready to help with the public process, to design it and help implement and to help with the graphics and the data. Although it would be an Electoral Board recommendation and not a staff recommendation. Mayor Bowers: May I see if I can bring this to some kind of consensus I guess? It appears that there's a sense of council that the courtesy should be extended to Elder Lea because he was the proponent of moving the elections to November. And there's a consensus we need to move this along have forums or meetings or public hearings, perhaps a task force and that we have a deadline facing us if we're going to move forward perhaps by the end of the year. Those are the two points I gleamed from that. Mr. Bestpitch would that be acceptable to you? Council Member Bestpitch: Certainly. I regret that elder lea is not here. I understand he had a funeral he had to attend so very understandable he is not able to be with us but I knew you weren't here this evening and of course we usually don't have time during the public sessions for council. Perhaps in the meantime we can put our heads together and draft a motion that we can put on the agenda to maybe formalize this better and I appreciate all the input that my fellow members of council here have suggested that maybe we make this a little broader and certainly we want to bring in some outside resources as part of the discussion for whatever group gets to work on this. So, I'm fine with that. I just don't want to continue to kick the can down the road indefinitely. Mayor Bowers: May I ask this matter might be set by correspondence or something along that line or a resolution for the next meeting of council. Being just 2 weeks on June 4. Council Member Bestpitch: Correct. Mayor Bowers: And so I'll kind of leave it with you Mr. Bestpitch to contact Elder Lea and see where we go from there. Council Member Bestpitch: thank you Mr. Mayor Office of the Mayor CITY OF �� ,W ROANOKE rotlamation EREAS, millions of American men and women have answered the call to duty in defending the hard -won freedoms we enjoy each Memorial Day; EREAS, this day, Memorial Day, is the occasion on which we remember, recognize and honor the unselfish service and ultimate sacrifice of our service members; and WHEREAS, on this Memorial Day we give special recognition to those who have lost their lives in the War on Terror. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge all citizens to join with me in this very special observance of Memorial Day to recognize the hardships and sacrifices of those families who have lost a loved one, and let us especially honor those whom we hold in the highest esteem - -- those who gave their lives for us, and do hereby proclaim Monday, May 26, 2012, throughout this great All-America City, as MEMORIAL DAY. Given under our hands and the Seal of the City of Roanoke this twenty - eighth day of May in the year two thousand and twelve. ATTEST. Stephanie City Clerk David k. Bowers ` Mayor �+ it CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 t' Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 4145 STEPHANIE M. MOON, RUNIC E -mail elerk@roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk May 31, 2012 CECELIA T. W EBB Assistant Deputy City Clerk Mr. Barton J. Wilner 2709 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Wilner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 21, 2012, you were reappointed as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for a term of one year ending June 30, 2013. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors. Sincerely, Ev- Stephanie M. Moon, MM( 0 City Clerk SMM:jec Enclosures pc: Landon Howard, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty -first day of May, 2012, BARTON J. WILNER was reappointed as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for a term ending June 30, 2013. Given under my hand and the Seal of the City of Roanoke this thirty -first day of May, 2012. City Clerk IS' - STEPHANIE M. MOON, MIMIC City Clerk C. Cooper Youell, IV 26 Kirk Avenue, S.W. Roanoke, Virginia 24011 Dear Mr. Youell: 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) 853-1146 E -mail: clerk @roanokeva.gov May 24, 2012 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39393 - 052112 permanently vacating a portion of Wasena Avenue, S. W., located between 81h Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue, S. W., and 8th Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. The ordinance further ordains that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, the applicant shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012, and is in full force and effect upon its passage. Sincerely, �onathanE. aft Deputy City Clerk Enclosure C. Cooper Youell, IV May 24, 2012 Page 2 pc: Fesler, LLC, 2412 Oregon Avenue, Roanoke, Virginia 24015 Charles T. Cole, PO Box 8219, Roanoke, Virginia 24014 Ice House, LLC, PO Box 586, Roanoke, Virginia 24004 Daniel R. and Carolyn T. Bowman, 817 Howbert Avenue, S. W., Roanoke, Virginia 24015 Lewis O. Watts, Jr., Trustee, 816 Howbert Avenue, S. W., Roanoke, Virginia 24015 Dorothy Properties, LLC, 1308 8th Street, S. W., Roanoke, Virginia 24015 James Settle, 919 B Winona Avenue, S. W., Roanoke, Virginia 24015 Terri Beck, 1214 Howbert Avenue, S.W., Roanoke, Virginia 24015 Mary Kay Kahn - Chittum, 733 Windsor Avenue, S. W., Roanoke, Virginia 24015 Jeff Campbell, 543 Day Avenue, S. W., Roanoke, Virginia 24016 The Honorable Evelyn Powers, Treasurer Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of Nay, 2012. No. 39393 - 052112. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights- of -way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, 806 Wasena Avenue, LLC (formerly Ice House, LLC) filed an application with the Council of the City of Roanoke, Virginia ( "City Council'), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public rights -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on May 21, 2012, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject rights -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: k: \Ord- vacate ponions of 806 wowna & howbert doe Permanently vacate a portion of Wasena Avenue, S.W., located between 8i° Street, S.W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue, S.W., and 8`h Street, S.W., at the intersection of the two rights - of -way, containing approximately 828.01 square feet. be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the rights -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public rights -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights -of -way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights -of -way. k \0,d- vacate portions of 806 wasena & howb,,doc BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: &Pury CityClerk. k \Ord - vacate Oorlions of 806 wasena & howberld.c 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Request from 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue, S.W., located between 8" Street, S.W. and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue, S.W. and 8'h Street, S.W. at the intersection of the two streets, containing approximately 828.01 square feet. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, April 19, 2012. By a vote of 6 -0, (Mr. Van Hyning absent), the Commission recommended approval of the vacation request, with no charge for the vacated right -of -way, as the applicant has provided documentation that public improvements on 811 Street, SW, will exceed the combined value of the rights -of -way being vacated. Staff further finds that the following conditions of approval should be adopted: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Applicant Information: Request: Vacation of Hillview Avenue between Moran Avenue and the City limit line to the east Adjoining Owner/applicant F.W. Webb Properties, LLC City Staff Person: Frederick Gusler, AICP Site Address /Location: 3514 Moran Street, S.E. Official Tax Nos. of adjoining ro erties: 4391304, 4391306, 440061 5 Site Area: Approximately 11,260 square feet Existing Zoning: _ R -7, R -12, Residential Single- family District Existing Land Use: Single- family dwelling and accessory structures Proposed Land Use: Residential Nei hborhood Plan: Garden City Specified Future Land Use: Residential Filing Date: July 29, 201 1 Background The applicant owns the property at 806 Wasena Avenue, SW. On the north and south sides of the building at this site, the owner would like to create parking lots for future residents of the River House apartments. There are two non- contiguous portions of right -of -way requested for vacation; approximately 9,601 square feet of Wasena Avenue, SW between 81h Street and the Norfolk Southern railroad right -of -way, and approximately 828 square feet where Howbert Avenue and 8" Street, SW intersect. Considerations Section 30 -14(5) of the Code of the City of Roanoke provides the following standard for consideration of street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved." Vacation of these portions of rights -of -way will not prohibit access to any other properties, and will not cause any other inconvenience to the public. The portion of Wasena Avenue requested for vacation dead ends at the Norfolk Southern railroad right- of-way. The portion of 8'° Street and Howbert Avenue dead ends at the eastern edge of Official Tax Map Numbers 1130313 and 1 130801. A portion of the latter parcel is currently under a purchase contract with the applicant, as noted in its application. A portion of Howbert Avenue between 81" Street and the Norfolk Southern railroad right -of -way was vacated and split between Official Tax Map Numbers 1130313 and 1130801 by Ordinance No. 8169 in 1945. The applicant has submitted a site plan to the City for review that includes stamped asphalt and streetscape improvements on 81" Street where it adjoins Official Tax Map Number 1130313. These improvements are not required per the Zoning or Subdivision Ordinances. Thus, provided that evidence can be submitted by the applicant to show that such improvements are greater than the value of the rights -of -way, staff recommends there be no charge for the vacated portions of street. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: Vacation of the portions of rights -of -way will not impact the zoning map. Conformity with the Comprehensive Plan and Neighborhood Plan The vacation will aid the adaptive reuse of the buildings at Official Tax Map Number 1130313, one of the Wasena Neighborhood Plan's primary, and consistent with Vision 2001 -2020, Roanoke's Comprehensive Plan. Public Utilities: Staff received comments from Appalachian Power, Roanoke Gas, and Verizon, all of which have no conflicts or objections to the request. City Department Comments Development Review Staff noted that there are storm drain lines in Wasena Avenue, and public drainage easements would need to be dedicated over them. Parks and Recreation Staff noted that long -range plans for the Murray Run Greenway are along the railroad right -of -way. Since this connection may be Zoning District Land Use North UF, Urban Flex Industrial South UF, Urban Flex Industrial East ROS, Recreation and Open Space Park West UF, Urban Flex (C), RM -1, Single- family Residential Compliance with the Zoning Ordinance: Vacation of the portions of rights -of -way will not impact the zoning map. Conformity with the Comprehensive Plan and Neighborhood Plan The vacation will aid the adaptive reuse of the buildings at Official Tax Map Number 1130313, one of the Wasena Neighborhood Plan's primary, and consistent with Vision 2001 -2020, Roanoke's Comprehensive Plan. Public Utilities: Staff received comments from Appalachian Power, Roanoke Gas, and Verizon, all of which have no conflicts or objections to the request. City Department Comments Development Review Staff noted that there are storm drain lines in Wasena Avenue, and public drainage easements would need to be dedicated over them. Parks and Recreation Staff noted that long -range plans for the Murray Run Greenway are along the railroad right -of -way. Since this connection may be done by acquiring easements on private land, it was recommended that a trail (access) easement be acquired from the applicant. Public Comments: None Planning Commission Public Hearing Discussion: Mr. Williams asked why the 828 square feet needed to be vacated. The applicant stated that this was recommended by staff due to the presence of a water vault. Mr. Williams also discussed with staff how the value for the land was determined. rora Katz, Chair '"I City Planning Commilon cc: Chris Morrill, City Manager Timothy Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney Ed Walker, 806 Wasena Avenue, LLC C. Cooper Youell, IV, Esquire Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36,1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on March 2, 2012, from 806 Wasena Avenue, LLC (formerly Ice House, LLC) requesting that a portion of Wasena Avenue, S. W., located between 8th Street and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 8th Street S. W., at the intersection of the two streets be permanently vacated discontinued and closed. Sincerely, Stephanie M. Moon, ' I MIMIC ' City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Whitlow & Youell, PLC, P. O. Box 779, Roanoke, Virginia 24004 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney CITY ROANOKE OFFICE OF F THE CITY CLERK 215 Church Avenue, S. W„ Slute 456 Roanoke, Virginia 24011 -1536 Telephane: (540)89 -2541 Exr: (540) 853-1145 STEPHANIE M. MOON, M41C E- mall: elerk(u]roena Naa.go� JONATHANE.CRAFT City Clerk Deputy City Clerk CECELIA 1. WEBB A,,j,rtnt DepulyClly (JeA March 2, 2012 Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36,1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on March 2, 2012, from 806 Wasena Avenue, LLC (formerly Ice House, LLC) requesting that a portion of Wasena Avenue, S. W., located between 8th Street and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 8th Street S. W., at the intersection of the two streets be permanently vacated discontinued and closed. Sincerely, Stephanie M. Moon, ' I MIMIC ' City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Whitlow & Youell, PLC, P. O. Box 779, Roanoke, Virginia 24004 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney MIOHAELS. WHITLOW DIRECT DIAL (540) 9E4 -]835 MWHITLOW@P HI TLOWl O 1111.6..NI DIREcr FAX (866) 684 -]835 WHITLOW & YOUELL PLc A 'I' 'I' 0 R N E Y S March 1.2012 Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 C. COOPZR YaOELL, IV DIRECT DIAL (540) 904 -2836 CYO V RLLO�WIII XL (866)684.CO.N DIRECT Enx'. (866) 68q -7836 Re: Request by 806 Wasena Avenue, LLC (formerly Ice House, LLC) to Vacate Portions of Wasena Avenue, SW, 81" Street, S.W., and Howbert Avenue, S. W, in connection with River House Project (Official Tax Map No. 1130313) Dear Sir or Madam: Enclosed please find an original and two copies of the Street or Alley Vacation or Closure Application with regard to the above - referenced matter, together with our check in the amount of $100. Should you have any questions, please give me a call at 904 -7836. Sincerely, CWH FLNO�WW. & \Y(�//O,,UELL, PLC ooper Youe 6"J CCY9gh Enclosure z Itl ��688lzol.UW099DOC'x''F j POET DFFI6E BOX 779, ROANOK E, VI ELI N[A 24004 • 26 W. KIRK AV ENO E, ROA NO K E. Vi RG IN 1A 24011 DI: (540) 904 -]830 • W W W. W HITCOW TOO FIT ION 641111101k)OV,A110YnWalation or Closure Office of the City Clerk Foudh Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone. (540) 853 -2541 Fax (540) 853 -1145 Date: March 1, 7012 _ Submittal Number ROANOKE Ux Street or Alley Vacation [I Street or Alley Closure By Barricade Address(es) (if applicable): 806 Waseca Avenue, S. W. Official Tax No(s) 11130313,1130114 811130801 (a portion of Offlclal Tax Map No. 1130801, to be part of Parking Lot "D "as (if applicable): .shown on Exhibit Battached hereto, is under contract with Dorothy Pmpertles, LLC and is expected to close on or before April 1, 2012) Location and Portion of Wasena Avenue, S. W., located between 8th Street, S. W., and the Norfolk Southern Railroad right - description of street of -way as shown on Exhibit A attached hereto, and a portion of Howbert Avenue, S. W., and 8th Street, S. W., at the intersection of the two streets containing approximately 828 01 square feet as shown on Exhibit B or alley to be closed: al ttached hereto Reason for request and proposed use (Portion of Waseca Avenue, S. W., and Street, S. W., and Howbert Avenue, S. W., to be vacated shall be of closed street or landscaped and used as parking in connection with the River House project on Off cial Tax Map No 1130313 alley. Name: 806Wasena Avenue, LLC(formerly Ice House, LLC) Phone Number. +1(540)3142424 j Address: 4 K' Avenue, S. W., Roanoke, VA 24011 _ J E- Mail: ewalker @regenerationpartnersc °m l Applicant's Si nature: Name: C. Cooper Youell, IV Phone Number: +1(5401904 -1831 Address: 26 Kirk Avenue, S. W., Roanoke, VA 24011 _ E -Mail: cyouell @whitlowyoue1Jcom Authorized Agent's Signature ~ Exhibit A ti 4r r/ , HpN',SENTAV. _ m Copyright 2001 -2012 Uayy rROenoke� oll� PORTION OF WASENA AVENUE, S.W. TO BE VACATED INDICATED ON MAP BY DIAGONAL LINES m s66p�y. = s; YRWI n m s66p�y. = s; YRWI a� 9$ R gS0 a � I I � x n c 4�a3 f I g 2e I y �8 9r n I M'S 133tl15 N18 w� J3 flip p '; Ie i d 7 a r r s S S 3 i 3 2 6 q0 c 4�a3 f I g 2e I y �8 9r n I M'S 133tl15 N18 w� J3 flip p '; Ie i d 7 a r r s S S 3 i 3 2 6 ADJOINING PROPERTY OWNERS: Request from 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue, S.W., located between 8th Street, S.W. and the Norfolk Southern Railroad right -of -way; and vacate a portion of Howbert Avenue, S.W. and 8th Street, S.W. at the intersection of the two streets, containing approximately 828.01 square feet. Tax No. Owner and Mailing Address 1130113 FESLER LLC 2412 OREGON AVE ROANOKE VA 24015 1130114 COLE CHARLES T PO BOX 8219 ROANOKE VA 24014 1130306 ICE HOUSE LLC 1130313 PO BOX 586 ROANOKE VA 24004 1130312 BOWMAN DANIEL R & CAROLYN T 817 HOWBERT AVE SW ROANOKE VA 24015 1130506 WATTS LEWIS O JR TRUSTEE LEWIS O WATTS JR LIVING TRUST 816 HOWBERTAVE SW ROANOKE VA 24015 1130801 % DOROTHY PROPERTIES LLC DORATHY PROPERTIES LLC 1308 8TH ST SW ROANOKE VA 24015 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------- ----------------------- COUPER YOUELL 26 KIRK AVENUE, S.W. 611 JEFFERSON, LLC ROANOKE VA 24016 REFERENCE: 80178680 12990317 NPH -806 Wasena Ave State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. :worn and subscribed before me this day of MAY 2012. Witness my hand and official seal. Notary Public PUBLISHED ON: 05/04 05/11 6 _ : PEC' OMMmss z o. TOTAL COST: 378.16 ,WEAiS� FILED ON: 05/15/12 ------------------------------ -------------------- '----------------------- Authorized ✓ ` Signature: '9 illing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 21, 2012, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue, S.W., located between 81h Street, S.W., and the Norfolk Southern Railroad right -of -way; acrd a portion of Howbert Avenue, S.W., and 8 °i Street, S.W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 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 1 st day of may 12012. Stephanie M. Moon, MMC City Clerk. K ....e.mn ubl 1 - g ioti,,, 2012\80( wmena a,, n,h -doe Notice to Publisher: Publish in the Roanoke Times on Friday, May 4 and Friday, May 11, 2012. Send affidavit to: Send Bill to: Stephanie M. Moon, MMC, City Clerk C. Cooper Yuell, N 215 Church Avenue, S. W., Room 456 26 Kirk Avenue, S.W. Roanoke, Virginia 24011 Roanoke, Virginia 24011 (540) 853 -2541 (540) 904 -7836 ccvouell @whitlowyouell.co K mmm.,,0 ,hIic hearing nmiccs\2012V806 wamna arc n.,h doc �* CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Suite 056 � Roanoke, Virginia 74011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: rlerkgroeaokeva.gov STEPHANIE M. MOON, MMC JONATHAN E. CRAFT City Clerk Deputy City Clerk May 11, 2012 CECEI.0 T. wERs A ,nfi rt Deputy City Clerk C. Cooper Yuell, IV 26 Kirk Avenue, S.W. Roanoke, Virginia 24011 Dear Mr. Yuell: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, May 21, 2012, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue located between 81" Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 8t" Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. 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 21st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie oYn-n. Y WJ City Clerk SMM:ctw Enclosure May 11, 2012 CECEEU T. WEBD 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, 1 have advertised a public hearing for Monday, May 21, 2012, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue located between 8" Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 81" Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, Stephanie 0000n,, MMC � City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK " 215 Church Avenue, S. W., Suite 456 ig Roanoke, Virginia 24011 -1536 Telephane: (540) 853 -2541 Fax: (540) 853 -1145 E -mad: clerk®raanoke,n.eav JONATHAN E. C1b1Tr STEPHANIE M. MOON, MMC Deputy City Clerk City Clerk May 11, 2012 CECEEU T. WEBD 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, 1 have advertised a public hearing for Monday, May 21, 2012, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue located between 8" Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 81" Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, Stephanie 0000n,, MMC � City Clerk SMM:ctw COMMONWEALTH OF VIRGINIA ) TO -WIT: AFFIDAVIT CITY OF ROANOKE ) STREET CLOSURE REQUEST: Request from 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue, S.W., located between 8th Street, S.W. and the Norfolk Southern Railroad right -of -way; and vacate a portion of Howbert Avenue, S.W. and 8th Street, S.W. at the intersection of the two streets, containing approximately 828.01 square feet. The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 30th day of March, 2012, notices of a public hearing to be held on the 19" day of April, 2012, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner and Mailing Address 1130113 FESLER LLC 2412 OREGON AVE ROANOKE VA 24015 1130114 COLE CHARLES T PO BOX 8219 ROANOKE VA 24014 1130306 ICE HOUSE LLC 1130313 PO BOX 586 ROANOKE VA 24004 1130312 BOWMAN DANIEL R & CAROLYN T 817 HOWBERT AVE SW ROANOKE VA 24015 1130506 WATTS LEWIS 0 JR TRUSTEE LEWIS O WATTS JR LIVING TRUST 816 HOWBERT AVE SW ROANOKE VA 24015 1130801 % DOROTHY PROPERTIES LLC DORATHY PROPERTIES LLC 1308 8TH ST SW ROANOKE VA 24015 Also Notified James Settle, President 919B Winona Avenue, SW Roanoke, VA 24015 Terri Beck 1214 Howbert Ave SW Roanoke, VA 24015 Mary Kay Kahn- Chittum 733 Windsor Ave SW Roanoke, VA 24015 Jeff Campbell 543 Day Avenue SW Roanoke, VA 24016 Rebecca Cockram SUBSCRIBED w SWORN to before me, a Notary Public, in the City of Roanoke, Vir ' is this 30th day Mar hr h, 2 64 Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #28207 My Commission Expires Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on March 2, 2012, from 806 Wasena Avenue, LLC (formerly Ice House, LLC) requesting that a portion of Wasena Avenue, S. W., located between 8th Street and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 8th Street S. W., at the intersection of the two streets be permanently vacated discontinued and closed. Sincerely, Stephanie M. Moon, MMC l City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Whitlow & Youell, PLC, P. O. Box 779, Roanoke, Virginia 24004 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE ! a OFFICE OF THE CITY CLERK - 215 Churcb Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON, MMC E -mail: clerWroanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. W EBB AWstant Deputy City Clerk March 2, 2012 Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on March 2, 2012, from 806 Wasena Avenue, LLC (formerly Ice House, LLC) requesting that a portion of Wasena Avenue, S. W., located between 8th Street and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue and 8th Street S. W., at the intersection of the two streets be permanently vacated discontinued and closed. Sincerely, Stephanie M. Moon, MMC l City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Whitlow & Youell, PLC, P. O. Box 779, Roanoke, Virginia 24004 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney MICHAEL S. WHITLOW DIRECT DIAL: (540) 904-7835 M W H I T LOP@@ W H ITLO W YO O F LL.COM DuEcT F.- (866) 684 -7835 WHITLOW & YOUELL PLc A T T O R N E Y S March 1.2012 Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 C. COOPER YOUELL, IV DIRECT DIAL: (540) 904 -7836 CYOUELOC4 FIFTLOWYOUELL.COM DIRECT FAX: (866) 684 -7836 Re: Request by 806 Wasena Avenue, LLC (formerly lee House, LLC) to Vacate Portions of Wasena Avenue, SW, 8"' Street, S.W., and Howbert Avenue, S.W. in connection with River House Project (Official Tax Map No. 1130313) Dear Sir or Madam: Enclosed please find an original and two copies of the Street or Alley Vacation or Closure Application with regard to the above - referenced matter, together with our check in the amount of $100. Should you have any questions, please give me a call at 904 -7836. Sincerely, WHITLOW & \Y/jO/IUELL, PLC C. Cooper oueUJlv CCY:Igb Enclosure I11$88/m/00057049.DOCX;1) POST OFFICE EON 779, ROANOKP, VIRGINIA 24004 - 26 W. KIRK AVENUE, ROANOKE, VIRGINIA 24011 TEL: (540) 904-7830 - W W W. WHITLOWYOUELL.COM K t7 F .y P,5 UO GGa L� UO Office of the City Clerk Fourth Floor, Neal C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 Date: March 1, 2012 Submittal Number. ❑x Street or Alley Vacation ❑ Street or Alley Closure By Barricade Addresses) (if applicable): Official Tax No(s). (if applicable): Location and description of street or alley to be closed: Reason for request and proposed use of closed street or alley: #SyvSDyroo 806 Wasena Avenue, S. W. 1130313, 1130114 & 1130801 (a portion of Official Tax Map No. 1130801, to be part of Parking Lot "D" as shown on Exhibit B attached hereto, is under contract with Dorathy Properties, LLC and is expected to close on or before April 1, 2012) Portion of Wasena Avenue, S. W., located between 8th Street, S. W., and the Norfolk Southern Railroad right - of -way as shown on Exhibit A attached hereto, and a portion of Howbert Avenue, S. W., and 8th Street, S. W., at the intersection of the two streets containing approximately 828.01 square feet as shown on Exhibit B attached hereto Portion of Wasena Avenue, S. W., firth Street, S. W., and Howbert Avenue, S. W., to be vacated shall be landscaped and used as parking in connection with the River House project on Official Tax Map No. 1130313 Name: C. Cooper Youell, IV Phone Number: +t (sao) 9oa -7836 Address: 26 Kirk Avenue, S. W., Roanoke, VA 24011 pA �^ E -Mail: cyouell @whitlowyouelLcom Authorized Agents Signature: Exhibit A J N ve A "BaR7-Ak,a ,, Ho 13o8o, ,tftqo,k,,a PORTION OF WASENA AVENUE, S.W. TO BE VACATED INDICATED ON MAP BY DIAGONAL LINES _ - - - - -- I lei `9$ ® sJ o _ --------------- 'M'S 133S1S H18 R \ A IY y A icy � J t i J 3 J J 2 f M i 3 s 3 a a Q d MICHAEL S. WHITLOW DIRECT DIAL: (540) 904 -7835 MW HITLOW@WHITLOWYOUELL.COM DIRecT FAK: (866) 684 -7835 WHITLOW & YOUELL PLc A T T O R N E Y S March 1, 2012 Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 C. COOPER YOUELL, rV DIRECT DIAC (540) 904 -7836 CYOUELLCVWHITLOWYOUELL.COM DIRECT PA.: (866) 684 -7836 Re: Request by 806 Wasena Avenue, LLC (formerly Ice House, LLC) to Vacate Portions of Wasena Avenue, SW, 8th Street, S.W., and Howbert Avenue, S.W. in connection with River House Project (Official Tax Map No. 1130313) Dear Sir or Madam: Enclosed please find an original and two copies of the Street or Alley Vacation or Closure Application with regard to the above - referenced matter, together with our check in the amount of $100. Should you have any questions, please give me a call at 904 -7836. Sincerely, WHITLOW & \YIjO/1 t'OELL, PLC 0 C Coope�rY ux1 CCY:lgh Enclosure n� r+A is 1L1 111585 /20 /0IE 57049D0CX;I I POST OFFICE BOX ]]9, ROANOKE, VIRGINIA 24004 - 26 W. KIRK AVENUE, ROANOKF., VIRGINIA 24011 TEL! (540)9 -4 -]830 • WWW.WHITLOWYOUELL.COM # or 1. Vocation or 0 uro Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 Date: March 1, 2012 Submittal Number: ❑x Street or Alley Vacation ❑ Street or Alley Closure By Barricade Address(es) (if applicable): Official Tax No(s). (if applicable): Location and description of street or alley to be closed: Reason for request and proposed use of closed street or alley: 806 Wasena Avenue, S. W. 1130313, 1130114 & 1130801 (a portion of Official Tax Map No. 1130801, to be part of Parking Lot "D" as shown on Exhibit B attached hereto, is under contract with Dorathy Properties, LLC and is expected to close on or before April 1, 2012) Portion of Wasena Avenue, S. W., located between 8th Street, S. W., and the Norfolk Southern Railroad right - of -way as shown on Exhibit A attached hereto, and a portion of Howbert Avenue, S. W., and 8th Street, S. W., at the intersection of the two streets containing approximately 828 .01 square feet as shown on Exhibit B attached hereto Portion of Wasena Avenue, S. W., 8th Street, S. W., and Howbert Avenue, S. W., to be vacated shall be landscaped and used as parking in connection with the River House project on Official Tax Map No. 1130313 Name: C. Cooper Youell, IV Phone Number: +t (540) 904 -7836 Address: /126 Kirk Avenue, S. W., Roanoke, VA 24011 E -Mail: cyouell @whitlowyouell.com ( Lfjj /",)I .1\% Authorized Agent's Signature Exhibit A i Z2 z F eJ T' # d 1 PORTION OF WASENA AVENUE, S.W. TO BE VACATED INDICATED ON MAP BY DIAGONAL LINES P- ..WA Nq,gyE M1' f � � r HOhyB�RTAVE '- FfOyygE.. o � CogyN�N. 2001..- 2012.pty_01Ro 22LOa z F eJ T' # d 1 PORTION OF WASENA AVENUE, S.W. TO BE VACATED INDICATED ON MAP BY DIAGONAL LINES -------------- i--- till )L XPI F Ws 193HIS His � - :© - - �� - - - - - - - - - — - - - — — ki L � '-44 - -��}\ ^� \� �� � \� � U% «\ _ / � w� }. y.� >.} /� � Ail F---] F77� --------------------- lei -------------- i--- till )L XPI F Ws 193HIS His � - :© - - �� - - � - -��}\ ^� \� �� � \� � U% «\ _ / � w� }. y.� >.} /� � Ail ( \ � � g; \ In CITY OF ROANOKE OFFICE OF TIIE CITY CLERK 215 Church Avemic, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone (54(l)X534541 fox: (540)653 -1145 51T:1'I IAN l4: hl. MOON I<I'11'NOr.R.ti. MM(' City Clerk The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: CI ?CELIA F. MCC'OY Deputy City Clerk CECELIA T. WENR, CMC AWo,int Uep Ay City Clerk March 7, 2016 The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 39394- 052112, which has been properly executed by Straight Street Roanoke Valley, Inc., for purposes of assessment and collection of the service charge established by this Ordinance. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Keith Farmer, Director, Straight Street Roanoke Valley, Inc., P.O. Box 11411 Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Administrator, Management and Budget May 24, 2012 Keith Farmer, Director Straight Street Roanoke Valley, Inc. P.O. Box 11411 Roanoke, Virginia Dear Mr. Farmer: JONATHAN E. CRAFT Deputy City Cie* CECELIA T. W EBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39394- 052112 exempting from real estate property taxation certain property of Straight Street Roanoke Valley, Inc., located at 339 Luck Avenue, in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis. Pursuant to Section 2, in consideration of Council's adoption of Ordinance No. 39394 - 052112, Straight Street Roanoke Valley, Inc., agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to 20% of the City of Roanoke's real estate tax levy, as well as to continue to pay the Downtown Service District charge, which would be applicable to 339 Luck Avenue, S. W., were the property not exempt from such taxation, for so long as such property is exempted from such taxation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012, effective July 1, 2012, if by such time a copy, duly executed by an authorized officer of Straight Street Roanoke Valley, has been filed with the City Clerk. Sincerely, Jonathan E. Craft Deputy City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fu: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail rlerl&oanokeva.goy City Clerk May 24, 2012 Keith Farmer, Director Straight Street Roanoke Valley, Inc. P.O. Box 11411 Roanoke, Virginia Dear Mr. Farmer: JONATHAN E. CRAFT Deputy City Cie* CECELIA T. W EBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39394- 052112 exempting from real estate property taxation certain property of Straight Street Roanoke Valley, Inc., located at 339 Luck Avenue, in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis. Pursuant to Section 2, in consideration of Council's adoption of Ordinance No. 39394 - 052112, Straight Street Roanoke Valley, Inc., agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to 20% of the City of Roanoke's real estate tax levy, as well as to continue to pay the Downtown Service District charge, which would be applicable to 339 Luck Avenue, S. W., were the property not exempt from such taxation, for so long as such property is exempted from such taxation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012, effective July 1, 2012, if by such time a copy, duly executed by an authorized officer of Straight Street Roanoke Valley, has been filed with the City Clerk. Sincerely, Jonathan E. Craft Deputy City Clerk Enclosure Keith Farmer, Director May 24, 2012 Page 2 pc: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Timothy Spencer, Acting City Attorney Susan Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Analyst M THE COUNCIL OP TILE CITY OF ROANOKE, VIRGINIA The 21st day of Nay, 2012. No. 39394 - 052112. AN ORDINANCE exempting from real estate property taxation certain property of Straight Street Roanoke Valley, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective date; mud dispensing with the second reading by title of this ordinance. WHEREAS, Straight Street Roanoke Valley, Inc., (hereinafter "the Applicant "), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 21, 2012; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1012019, commonly known as 339 Luck Avenue (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Straight Street Roanoke Valley, Inc., as a K- \Measure VM exempt Straight Street Roanoke Valley Propeay 512 clot charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City 'fax Map No. 1012019, commonly (mown as 339 Luck Avenue, and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a nor -profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, as well as to continue to pay the Downtown Service District charge, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on July 1, 2012, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4, The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Keith Farmer, Director, and the authorized agent of Straight Street Roanoke Valley, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. C ATTEST: F City Cleric. 1; K:Vvfeu uresVax exonpi Straight Street Roa oke Valley Propmty 5 12 . doe ACCEPTED, AGREED TO AND EXECUTED by Straight Street Roanoke Valley, Inc., this 7 dayof -,/ ,gp-H2.2o /C Straight Street Roanoke Valley, Inc. Printed Name and Title K.NAeesu�es \tuxe .pt Straight Sveet R..Ao Valley Property 5 12. d.o �I A CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Tax Exemption Request - Straight Street Roanoke Valley, Inc Background: Straight Street Roanoke Valley, Inc., a Virginia, non - stock, not for profit corporation owns certain real property known as tax map # 1012019 located at 339 Luck Avenue, SW, Roanoke. The organization desires the property to be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. The primary purpose of the organization is to serve youth, children, and families in the community. Programs include a drop -in center, after school program, mentoring for children of inmates through Prison Fellowship, ladies support group, and other programs that assist families in crisis or with a teenager in trouble. At present, annual real estate taxes due on the parcel are $2,960 on a total assessed value of $248,700. It should also be noted that on April 17, 2006, City Council granted Straight Street a real estate tax exemption on its adjacent property at 333 Luck Avenue, SW. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of January 1, 2003. Based on this policy and procedure, Straight Street Roanoke Valley, Inc., has provided the necessary information required for applications for exemptions that would take effect July 1, 2012. As noted above, the assessed value of the real property at 339 Luck Avenue is currently $248,700 with annual taxes due of $2,960. The organization is current on its taxes. This property is also located in the Downtown Service District, and as such, is assessed an additional annual service charge amount of $.10 per $100 of assessed value, or $249. This service charge is collected by the City and remitted to Downtown Roanoke, Inc. In lieu of the $2,960 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $592. Consequently, the City would currently be foregoing $2,368 in annual real estate revenue. As previously mentioned, Straight Street Roanoke Valley, Inc. currently pays an annual Downtown Service District charge of 5249 on this real property. If the exemption is granted, the organization will agree to continue paying this Downtown Service District fee. Commissioner of the Revenue, Sherman Holland, has determined that Straight Street Roanoke Valley, Inc. is currently not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3) tax - exempt organization. Notification of a public hearing to be held May 21, 2012, was duly advertised in the Roanoke Times. Recommended Action Authorize Straight Street Roanoke Valley, Inc.`s exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2012, if the organization agrees to pay the subject service charges on the real estate by that date. Christopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Susan S. Lower, Director of Real Estate Valuation The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ___________________ _______________________________ _______________________ STRAIGHT STREET ROANOKE VALLEY, STRAIGHT STREET ROANOKE VALLEY, P.O. BOX 11411 ROANOKE VA 24011 REFERENCE: 85118883 12996189 NPH- Straight Street State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this day of MAY 2012. Witness my hand and official seal. Notary Public PUBLISHED ON: 05/11 _ m 6�![ ' - ONWEA���.,, ail.....„„o TOTAL COST: 190.96 FILED ON: 05/15/12 ___________________ _______________________________ NOTICE OF PUBLIC NEARING (3996189) of Authorized Signature: ,/� Billing Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on May 21, 2012, commencing at 7:00 p.m., in the Council Chambers, 4'" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to §58.1 -3651, Code of Virginia (1950), as amended, approving the request of Straight Street Roanoke Valley, Inc., for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 339 Luck Avenue, and known as Tax Map No. 1012019, is currently $248,700 and real estate taxes of $2,960 were paid in the most recent year. The loss of revenue will be $2,368 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, May 17, 2012. GIVEN under my hand this 7thday of May , 2012. Stephanie M. Moon, City Clerk. K NEASLRESTAX EXE, PT 1H NOTICE 1 A.GFu STRUT IC DOC Notice to Publisher: Publish in the Roanoke Times on Friday, May 11. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 K%NOTIOlCL01'UJA'9PH S IIYAl(.HT STRE 1 T -TB IXIfM141MF' Send Bill to: Keith Farmer, Director Straight Street Roanoke Valley, Inc. P.O. Box 11411 Roanoke, Virginia 24022 -1411 (540) 342 -4971 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far: (540)853 -1145 STEPHANIE M. MOON, MMC E -mail: elerk©roanokeva.gov City Clerk March 12, 2012 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: 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 19, 2003, Resolution No. 36331 - 051903 was adopted with regard to a new policy and procedure for processing requests from non - profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on March 12, 2012, by Straight Street Roanoke Valley, Inc., a Virginia non - stock, not - for - profit corporation, requesting exemption from taxation of real property located at 339 Luck Avenue, S. W., identified as Official Tax No. 1012019, pursuant to Section S8.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ew Attachment Christopher P. Morrill March 12, 2012 Page 2 pc: Keith Farmer, Director, Straight Street Roanoke Valley, Inc., P. O. Box 1 1411 , Roanoke, Virginia 24022 -1411 The Honorable Sherman A. Holland, Commissioner of the Revenue Timothy R. Spencer, Acting City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget s ': h ff qt www.straiahtstreet.ora P.O Box 11411 Roanoke, VA 24022 -1411 540.341.4971 - m r; March 9, 2012 n s a, n. Ms. Stephanie Moon, City Clerk City of Roanoke 215 Church Ave Room 456 Roanoke, VA 24011 Dear Ms. Moon:: I am writing to ask that property owned and operated by Straight Street Roanoke Valley, Inc., located at 339 Luck Ave (tax # 1012019) be approved for real estate tax reduction. Straight Street Roanoke Valley, Inc. is filing a request with City Council for a tax reduction on the basis that Straight Street Roanoke Valley, Inc. is a not for profit and the building will be used to carry out the purpose and programs of this area ministry. Enclosed please find the Petition For Exemption From Taxation application and supporting documentation. Also, please find an architectural drawing of our current building, 333 Luck Avenue, and the new building /addition, 339 Luck Avenue, that is currently being remodeled. A projected completion date is late 2012 or early 2013. The current location is in yellow and the new building /addition is in blue. Your help and assistance are appreciated. If I may provide additional information or if you have any questions, please call me at 342 -4971 ext 222. Sincceerrrel/�y,`� /ice / ?.�if!'`a� Keith Farmer Director DEPARTMENT OF MANAGEMENT &BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, 5W, Room 354 Roanoke, Virginia 24011 ROANOKE 540.853.6800 Pax: 540.853.2773 CTT ; i RK i May 8, 2012 Mr. Keith Farmer Director Straight Street Roanoke Valley, Inc. P.O. Box 11411 Roanoke, VA 24022 Dear Mr. Farmer: Straight Street Roanoke Valley, Inc. filed a petition in the City Clerk's Office on March 12, 2012 requesting exemption from taxation on real property located at 339 Luck Avenue, SW. The real property is identified as tax map number 1012019. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, May 7, 2012, the Council approved a request of the City Manager to hold a public hearing on Monday, May 21, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you a copy of a Council Report dated May 21, 2012, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on May 21 st to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call me at 540 - 853 -1643. Sincerely, AU,). R. B. Lawhorn, Jr. Budget /Management Analyst Department of Management and Budget Enclosure c /Stephanie M. Moon, City Clerk COMMISSIONER OF THE REVENUE Mr. Keith Fanner, Director Straight Street P O Box 11411 Roanoke, VA 24022 RE: Parcel No. 1012019 339 Luck Ave, SW Dear Mr. Farmer: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2011 -2012 tax year. I understand that you are filing your request with City Council, therefore I am coping the City Clerk on the correspondence. I hope this is the information that you need, please contact me if you have more questions. Sincerely, Sherman Holland � Commissioner of the Revenue cc: Stephanie Moon, City Clerk SAH /je 215 Chnmh Avenue SW, R fom 251 * Roanoke, Vvgma 24011 Phone (540)853 -2 21 - Fax (540) 85}1115 + www. roanokego¢com CFfY OF ROANOKE SHERNIAN A. HOLLAND L Commissioner GRE GORY S. EMERSON t , C61eff),Wy November 18, 2011 Mr. Keith Fanner, Director Straight Street P O Box 11411 Roanoke, VA 24022 RE: Parcel No. 1012019 339 Luck Ave, SW Dear Mr. Farmer: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2011 -2012 tax year. I understand that you are filing your request with City Council, therefore I am coping the City Clerk on the correspondence. I hope this is the information that you need, please contact me if you have more questions. Sincerely, Sherman Holland � Commissioner of the Revenue cc: Stephanie Moon, City Clerk SAH /je 215 Chnmh Avenue SW, R fom 251 * Roanoke, Vvgma 24011 Phone (540)853 -2 21 - Fax (540) 85}1115 + www. roanokego¢com s htskeet mks N www.stroiahtstreet.ora P.O Box 11411 Roanoke, VA 14012 -1411 540.342.4971 November 18, 2011 Sherman A. Holland, Commissioner Commissioner of the Revenue City of Roanoke 215 Church Ave Room 215 Roanoke, VA 24011 I appreciate your help and counsel as Straight Street, a local not for profit, has been able to operate and assist families and youth in this great city since 1995. 1 am writing to ask that property owned and operated by Straight Street, located at 339 Luck Ave (tax # 1012019) be approved for real estate tax reduction. Straight Street is filing a request with City Council for a tax reduction on the basis that Straight Street is a not for profit and the building will be used to carry out the purpose and programs of this area ministry. Your help and assistance are appreciated. If I may provide additional information or if you have any questions, please call me at 342 -4971 ext 222. Sincerelyi.:r'� 9, ed Di rector .� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 '-` Roanoke, Virginia 24011 -1536 Telephone: (540) 8532541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mall: clerlanroanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk May 24, 2012 CECELIA T. W EBB Assistant Deputy City Clerk The Honorable Brenda S. Hamilton Clerk of the Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified true copy of Resolution No. 39395- 052112 authorizing the issuance of not to exceed fourteen million dollars ($14,000,000) principal amount of general obligations of the City of Roanoke, Virginia, in the form of general obligation public improvement bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other general obligation public improvement bonds of the City; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. Pursuant to Section 12 of Resolution No. 39395- 052112, the City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607, Code of Virginia (1950), as amended. The Honorable Brenda S. Hamilton May 24, 2012 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 21, 2012. Sincerely, Jonathan E. Oraft Deputy City Clerk Attachment PC: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, 67 Wall Street, 11th Floor, New York, New York 10005 JoAnne Carter, Managing Director, Public Financial Management, 4350 N. Fairfax Drive, Suite 580, Arlington, Virginia 22203 Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Robyn Schon, Global Spectrum General Manager, Roanoke Civic Center, 710 Williamson Road, Roanoke, VA 24016 Christopher P. Morrill, City Manager Timothy Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director of Management and Budget Sheila Umberger, Director of Libraries Phil Schrimer, City Engineer Steve Buschor, Director of Parks and Recreation Roy Mentkow, Director of the Department of Technology IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39395- 052112. A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED FOURTEEN MILLION DOLLARS ($14,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR SUCH CITY (INCLUDING RELATED DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES) AND THE ACQUISITION AND INSTALLATION OF VARIOUS CAPITAL EQUIPMENT PROJECTS OF AND FOR THE CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS, TOGETHER WITH OTHER GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council') of the City of Roanoke, Virginia (the "City"), it is desirable (i) to authorize the City to contract a debt and to authorize the issuance of not to exceed $14,000,000 principal amount of general obligations of the City, in the to= of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, (ii) to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the sale of such Bonds, together with other previously authorized general obligation public improvement bonds of the City; 1153389.1034573 RSIND NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, set forth in Section 7, the City is authorized to contract a debt and to issue not to exceed $14,000,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds "). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day yew comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address of such registered owner as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If -2- 1153389.1034573 RSIND notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (it) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar'). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other -3- 1153389.1034573 RSIND instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the registered owner of such Bond in person or by the duly authorized attorney for such registered owner, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by the duly authorized attorney for such registered owner, in form satisfactory to the Registrar. (1) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. -4- 1153389.1034573 RSIND (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a tme and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long as any such Bonds are outstanding. 5- 1153389.1034573 RSIND SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $14,000,000 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools $2,000,000 Parks and Recreation 4,925,000 Digital Radio Project 2,110,000 Bridge Renovation Projects 1,100,000 Stormwater Management Projects 1,120,000 Civic Center Improvements 1,000,000 Curbs, Gutter and Sidewalk Improvements 500,000 Streetscape Improvements 400,000 Public Libraries 210,000 Total $13,365,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. (b) If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. (c) If the Bonds are sold at competitive sale, the City Manager and the Director of Finance, without further action by the Council, (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Bonds of each series and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shalt the true interest cost to the City with respect to the Bonds of any series exceed six percent (6.00 %). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice -6- 1153389.1 034573 RSIND of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00 %). (d) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance, without further action of the Council, (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are hereby authorized to select the underwriters of the Bonds (the "Underwriters ") and to sell the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed six percent (6 %). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be home by the Bonds of each maturity of each series as negotiated with the Underwriters in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00 %). Either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters. (e) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisor and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2 -12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ( "Rule 15c2 -12 "). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement ". (f) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (g) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. -7- 1153389.1034573 RSWD SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes ") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each yea and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of the Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City with respect to the Notes of any series exceed six percent (6.00 %). The City Manager and the Director of Finance me further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00°/x). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2 -2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds me to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150 -2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 152 -2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith me, to the extent of such conflict, repealed. ATTEST: City Clerk 1753389 - 1034573 ftsIND EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R- S MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City "), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a A -1 1153389.1 034573 RSIND three hundred sixty (360) day yew comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of Regions Bank, as the Registrar and Paying Agent, in the City of Richmond, Virginia. Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after 1, 20 are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20 , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the issue of which this Bond is one maturing on _ me subject to mandatory sinking fund redemption on and on _ of each year thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on , _which have been purchased and A -2 1153389.1 034573 RSrND cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of such Registered Owner as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such Registered Owner duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. A -3 1153389.1034573 RSIND The full faith and credit of the City we irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date first above written. [SEAL] Attest: City Clerk A -4 CITY OF ROANOKE, VIRGINIA Mayor 1153389.1034573 RSIND proceedings. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned REGIONS BANK, as Registrar By: Authorized Signatory Date of Authentication: m 1153389A 034573 RSIND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. EW (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. 1153389.7 034573 RSrND IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of Nay, 2012. No. 39396- 052112. AN ORDINANCE to appropriate funding to be provided by the issuance of general obligation Bonds to the Civic Center Building Upgrades, 9" St over Norfolk Southern Rail Way- Bridge Rehabilitation, Franklin Road over Norfolk Southern Rail Way - Bridge Replacement, Main Library 1't Floor Improvements, Parks & Rec Master Plan - Phase Il, Neighborhood Storm Drains, Elmwood Park Improvements, City -wide Curb /Gutter /Sidewalk FY13, Williamson Rd /Elmwood Park Streetscapes, James Madison Middle School Improvements, Garden City Elementary Plumbing Improvements and Lighting Replacement— Phase I, amending and reordaining certain sections of the 2011- 2012 Civic Facilities, Capital Projects and School Capital Projects Funds, 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 2011 -2012 Civic Facilities, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2013 Bond Funds 05 -550- 8631 -9339 $1,000,000 Civic Center Upgrades 05- 550 - 9954 -9340 ( 1,000,000 ) Capital Projects Fund Appropriations Appropriated from 2013 Bond Funds 08- 530 - 9964 -9339 700,000 9t St over NSRW Bridge Rehabilitation 08- 530 - 9532 -9341 ( 7005000 ) Appropriated from 2013 Bond Funds 08 -530- 9965 -9339 400,000 Franklin Rd over NSRW — Bridge 08 -530- 9532 -9342 ( 400,000) Replacement Appropriated from 2013 Bond Funds 08- 530 - 9975 -9339 210,000 Main Library 15t Floor Improvements 08- 530 - 9532 -9343 ( 210,000) Appropriated from 2013 Bond Funds 08- 620 - 9770 -9339 $ 500,000 Parks & Rec Master Plan - Phase II 08 -530- 9532 -9344 ( 500,000) Appropriated from 2013 Bond Funds 08- 530 - 9734 -9339 1,120,000 Neighborhood Storm Drain Projects 08- 530 - 9532 -9337 ( 1,120,000) Appropriated from 2013 Bond Funds 08- 620 - 9667 -9339 1,625,000 Appropriated from 2014 Bond Funds 08- 620 - 9667 -9352 2,800,000 Elmwood Park Improvements 08- 530 - 9532 -9345 ( 4,425,000) Appropriated from 2013 Bond Funds 08- 620 - 9954 -9339 500,000 City -wide Curb, Gutter, Sidewalks FY13 08 -530- 9532 -9346 ( 500,000) Appropriated from 2013 Bond Funds 08 -530- 9551 -9339 400,000 Williamson Rd /Elmwood Park 08- 530 - 9532 -9347 ( 400,000) Streetscapes School Capital Projects Fund Appropriations Appropriated from 2013 Bond Funds 31- 065 - 6032 -9339 1,300,000 James Madison MS Improvements 31- 060 - 9714 -9348 ( 1,300,000) Appropriated from 2013 Bond Funds 31- 065 - 6033 -9339 325,000 Garden City Plumbing Improvements 31- 060 - 9714 -9349 ( 325,000) Appropriated from 2013 Bond Funds 31- 065 - 6034 -9339 375,000 Lighting Replacement — Phase 1 31- 060 - 9714 -9351 ( 375,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST Pv-rI City berk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Authorization of FYI Bond Issuance and Appropriation of Funds for Capital Projects Background: On May 14, 2012, City Council approved the Capital Improvement Program (CIP) Update for FY 2013 -2017. The CIP includes planned bond issuance in FY 2013 in the amount of $10,565,000 for the following projects: • School Facility Maintenance and Improvements - $2,000,000 Funding provides for HVAC system improvements, plumbing infrastructure improvements and various other school improvements. By letter dated April 16, 2012, the Roanoke School Board requested appropriation of these funds. • Bridge Renovation - $1 100,000 Funding provides for identified bridge renovation projects. • Library Master Plan - $210,000 Funding provides for architectural and design work for the Main Library renovations. • Parks and Recreation Master Plan - $500,000 Funding provides for priority Parks and Recreation Master Plan projects. • Civic Center Improvements - $1 000,000 Funding provides for prioritized capital improvements within the Civic Center complex. • Stormwater System Improvements - $1,120,000 Funding provides for addressing prioritized stormwater issues throughout the city. • Elmwood Park Improvements - $1,625,000 Funding provides for construction of Elmwood Park improvements. • Curb Gutter and Sidewalk Program - $500.000 Funding provides for prioritized curb, gutter and sidewalk projects. • Streetscapes - $400.000 Funding provides for streetscape improvements (landscaping, textured crosswalks, and other improvements) in prioritized areas. • Digital Radio Upgrade - $2,110,000 Funding provides for final allocation to complete digital radio conversion project. The CIP includes debt issuance of $1,625,000 in FY 2013 and $2,800,000 in FY 2014 to support the Elmwood Park Improvements project. Council authorization is needed to appropriate the total amount of $4,425,000 in advance of issuance to facilitate the award of construction contracts. Considerations: City Council authorization is required for the issuance of bonds to provide funding for the projects listed below: School Facility Maintenance and Improvements $ 2,000,000 Bridge Renovation $ 1,100,000 Library Master Plan $ 210,000 Parks and Recreation Master Plan $ 500,000 Civic Center Improvements $ 1,000,000 Stormwater System Improvements $ 1,120,000 Elmwood Park Improvements $ 4,425,000 Curb, Gutter and Sidewalk Program $ 500,000 Streetscapes $ 400,000 Digital Radio $ 2,110.000 Total $ 13,365,000 In order to provide sufficient flexibility to support bond issuance in the event of a premium on the sale of bonds, authorization of issuance of up to $14 million is recommended by the City's financial advisor, Public Financial Management (PFM). Council previously appropriated funding in the amount of $2,110,000 to support the Digital Radio project, therefore, funding of $11,255,000 needs to be appropriated to project accounts at this time. Recommended Action: Hold a public hearing on the issuance of general obligation public improvement bonds. Following the public hearing, adopt the accompanying resolution authorizing the issuance of bonds up to $14,000,000 for the projects previously referenced. This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds. Adopt the accompanying budget ordinance to appropriate, in advance of issuance, Series 2013 bond funding in the amount of $11,255,000 to project accounts to be established by the Director of Finance in the Capital Projects Fund. N-- A-- ---------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, Roanoke City Public Schools Donald G. Gurney, Bond Counsel, Hawkins Delafield & Wood LLP JoAnne Carter, Managing Director, Public Financial Management Inc. Robyn Schon, Global Spectrum General Manager, Roanoke Civic Center The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ______________________ ANN H. SHAWVER, DIRECTOR OF FINA ANN H. SHAWVER, DIRECTOR OF FINA ROOM 465 215 CHURCH AVE SW ROANOKE VA 24011 REFERENCE: 86490066 12993681 NPH -GOPI Bonds State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this ^ ay of MAY 2012. Witness my hand and official seal. Notary Public ." �' ..Yhiq.. PUBLISHED ON: 05/07 05 /14`\C m O� WEP..�`� TOTAL COST: 771.28 FILED ON: 05/15/12 Authorized v - Signature: ii(i Billing Services Representative NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2- 2606.A of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, May 21, 2012, at 7:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of not to exceed $14,000,000 for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Public Schools $2,000,000 Parks and Recreation 4,925,000 Digital Radio Project 2,110,000 Bridge Renovation Projects 1,100,000 Stormwater Management Projects 1,120,000 Civic Center Improvements 1,000,000 Curbs, Gutter and Sidewalk Improvements 500,000 Streetscape Improvements 400,000 Public Libraries 210,000 Total $13,365,000 All members of the public and interested individuals are invited to attend such hearing and to appear and present their view on the proposed resolution and the proposed bond issuance, both orally and in writing. Should written comments be presented, three copies should be made available to the undersigned at or before the public hearing. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Thursday, May 17, 2012. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: May 7, 2012 STEPHANIE M. MOON, MMC City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON MONDAY, MAY 7, 2012, AND MONDAY, MAY 14, 20121 1151885 2 034573 FRMS Notice to Publisher: Publish in the Roanoke Times on Monday, May 7 and Monday, May 14, 2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Ann H. Shawver, Director of Finance 215 Church Avenue, S. W., Room 465 Roanoke, Virginia 24011 (540) 853 -2970 1151885.2034573 FRMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2012. No. 39397 - 052112. An ORDINANCE authorizing the proper City officials to execute a contract for the provision of a Tom Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the City's Public Works Service Center (PWSC), which will include a license for such contractor to use a section of the PWSC for such Operation; authorizing the City Manager to implement, administer, and enforce such contract; and dispensing with the second reading by title of this ordinance. WHEREAS, the City issued a Request for Proposal (REP) for the above matter and received two responses; WHEREAS, several items in the contract documents as well as the final scope of services are subject to further negotiations between the apparent successful offeror, Genuine Parts Company, and City staff; and WHEREAS, on May 21, 2012, at Council's regular 7:00 p.m. meeting, a public hearing was held, pursuant to § §15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this matter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized on to execute, in a form approved by the City Attorney, a contract for the provision of a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the City's PWSC. Such contract may provide for a license for such contractor to use a section of the PWSC for such Operation and shall contain substantially similar terms and provisions as set out in the draft contract and Revocable License Terms and Conditions attached to the City Council Agenda k \,&.eumies\2 MO,d -auth turn key on -site parts opevetton doc Report dated May 21, 2012, except that those matters still subject to negotiation may be addressed by providing for such terms and provisions as the City Manager deems appropriate, whether or not similar to those in the draft documents. 2. The City Manager is further authorized to take such further actions and execute such documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such contract, including any change to the amount involved, subject to the amount of funds available and appropriated, and /or the time of performance, including any extensions to such contract, as provided in the REP. 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: ,, "J4AuT G hU'f`% City Clerk. I, \get \measares\2012\ Ord -anth Wm key on -site pails operati on des 2 �A CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 21, 2012 Subject: Request for Revocable License and Contract to use part of Public Works Service Center for a Turn Key On -Site Parts and Related Items Operation Background: The City of Roanoke issued a Request for Proposals (RFP) for a Turn Key On -Site Parts and Related Items Operation to be provided at the City's Public Works Service Center (PWSC). After proper advertisement, two proposals were received on March 12, 2012. One from Genuine Parts Company (NAPA), and the second from Management Consulting, Inc. (Mancon). City staff evaluated all proposals and interviewed both vendors on March 28, 2012. The committee consisted of staff from Solid Waste Management, Police, Department of Management and Budget (DMB), Fleet, and General Services. The committee voted unanimously to recommend Genuine Parts Company for award of a new contract. The resultant contract is anticipated to be for a term of thirteen (13) months with up to three (3) additional one year periods or any combination thereof, at the City's option. The resultant contract will also involve the City providing use of a designated section (approximately 1,946 square feet) of the PWSC for use by the selected offeror to conduct such Operation. The City must hold a public hearing on that matter. A copy of a draft sample contract, together with Exhibit 3, Revocable License Terms and Conditions and a drawing of the proposed License Area, is attached to this Report. However, several items in the contract documents as well as the final scope of services are subject to further negotiations between Genuine Parts Company and City staff. Funding for the parts and related items subject to this contract is included within various operating department budgets in the FYI adopted budget. Recommended Action: Hold a public hearing at Council's regular 7:00 P.M. meeting on Monday, May 21, 2012, on the above matter. Following the public hearing, adopt an ordinance authorizing the City Manager, after completion of negotiations, to execute a contract with the selected offeror to provide a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the PWSC. Such contract may contain such terms and provisions as the City Manager deems appropriate, whether or not similar to those in the sample contract, for the use of a part of the PWSC for the above mentioned term of any resultant contract, by the selected offeror for the purpose of conducting such an Operation. Such contract shall be approved as to form by the City Attorney. Authorize the City Manager to take such actions and execute such other documents as necessary to implement, administer, and enforce any such resultant contract, including any changes to the terms, amounts involved, subject to the amount of funds available and appropriated, and /or the time of performance, to include any extensions of the resultant contract, all as the City Manager deems appropriate. Such other documents shall be approved as to form by the City Attorney. - - -' ------------------ ristowe r P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Kenneth S. Cronin, Director of General Services and Sustainability Sharon T. Lewis, CPM, CPPB, VCO, Purchasing Manager Demond D. Hammond, Fleet Management DRAFT 511512012 CITY OF ROANOKE, VIRGINIA CONTRACT FOR A TURN KEY ON -SITE PARTS AND RELATED ITEMS OPERATION This Contract is dated May , 2012, between the City of Roanoke, Virginia, a Virginia municipal corporation, hereinafter referred to as the "City' or "Owner ", and Genuine Parts Company, a Georgia corporation authorized to do business in Virginia, 600 Gallimore Dairy Road, High Point, North Carolina 27265, (such company sometimes also being referred to as NAPAAuto Parts), hereinafter referred to as the "Contractor, GPC, or NAPA" WITNESSETH: WHEREAS, Contractor has been awarded this nonexclusive Contract by the City for furnishing all equipment, materials, goods, labor, and services necessary for providing the City, through the City's Fleet Division, with a Turn Key On -Site Parts and Related Items Operation (Parts Operation) as set forth in this Contract at the City's Public Works Service Center (PWSC) Facility, located at 1802 Courtland Avenue, NW, Roanoke, Virginia, and associated work in accordance with this Contract and the documents referred to herein, all such items or services also being referred to hereinafter as the Work or Project. NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For the consideration hereinafter specified to be paid and /or provided by the City to the Contactor for the Work provided for in this Contract to be performed by the Contractor, the Contractor hereby covenants and agrees with the City to fully perform the services, provide any parts for vehicles and equipment, tools, supplies, related items, and materials called for (parts or items), and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. Although the City, through the City's Fleet Division, intends to obtain most of the parts the City needs from the Contractor, the City reserves the right, in the City's sole discretion, to obtain any such parts and /or items from other sources. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: 1. Scope of Services to be provided by the Contractor to the City (Exhibit -1). 2. Insurance Requirements (Exhibit -2). 3. Terms and Conditions for License for Contractor to use City property (Exhibit -3). 4. Request for Proposal (RFP) No. 12- 04 -02, which is incorporated herein by reference. 5. Contractor's proposal response to RFP No. 12- 04 -02. The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any Contractor supplied documents or information. Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 SECTION 2. CONTRACT AMOUNT. The City agrees to pay the Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract, the amount, less any discounts, of the parts and /or items that City personnel may periodically obtain and /or request and accept from Contractor and for Contractor's Management services in the manner and as provided for in this Contract, but the total amount for all such items shall not exceed $1,007,133.00 for the initial term of the Contract without the prior written consent of the City. For any subsequent renewal period(s) the total amount for all such items shall not exceed the City's approved budgeted amount, including any amendments, for the corresponding City fiscal year or prorated part thereof without the prior written consent of the City. Furthermore, this Contract amount may be increased or decreased by additions and /or reductions in the Work as may be authorized and approved by the City, and the Contract amount may be decreased by the City's assessment of any damages against the Contractor, as may be provided for in this Contract or by law, and the City retains the right of setoff as to any amounts of money the Contractor may owe the City. However, Contractor further acknowledges and agrees that there is no guarantee of any minimum amount of parts and /or supplies that may be requested by the City. SECTION 3. TERM OF CONTRACT A. The initial term of this Contract shall be for thirteen (13) months, from June 1, 2012, through June 30, 2012, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law or unless extended as set forth herein at the option of the City. At the City's option, the Contract may be extended for up to three (3) additional one (1) year periods or any combination thereof. The City may exercise its option by giving written notice of such to the Contractor at least sixty (60) days before the expiration of the initial term or any subsequent extension term. However, if the City terminates the Revocable License (Exhibit 3), the Contractor's obligation to provide the Parts Operation shall terminate on the same date as the termination of the Revocable License is effective, unless the parties mutually agree otherwise, which may include an alternate location for the performance of the Parts Operation. B. All terms and conditions shall remain in force for the initial term of the Contract and for any renewal term unless modified by mutual agreement of both parties. SECTION 4. TIME OF PERFORMANCE. The Contractor shall commence the Work to be performed under this Contract on June 1, 2012, and provide the parts and /or items on an ongoing basis to City departments, through the City's Fleet Division, as such items are requested by City departments, through the City's Fleet Division, and the Contractor covenants and agrees to fully perform and complete the Work and /or provide the goods called for by this Contract. The Contractor further agrees that the Work shall be started promptly on the above date and shall be prosecuted regularly, diligently, and uninterruptedly that will ensure full completion thereof consistent with the Contract Documents and that Contractor will cooperate and coordinate with the other City contractors or employees doing other work or using the area where Contractor is working. The Contractor further agrees to provide the items requested within the time periods set forth in the Scope of Services, Exhibit 1, or to immediately notify the City's Fleet Supervisor that such requests cannot be met and the reasons therefore. Turn Key On -Site Parts and Related Items Operation RFP #12 -0402 2 SECTION 5. PAYMENT A. Invoices for items requested, delivered, and accepted by the City shall be submitted by the Contractor directly to the City's Fleet Division. Payment of such invoices shall be the responsibility of the City's Fleet Division. B. The City agrees to pay Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract. The City retains the right of setoff as to any amounts of money Contractor may owe the City. A written progress report may be requested by the City to accompany a payment request and, if so, such progress report shall detail the items provided to the City. Also, sufficient documentation of all costs, expenses, materials supplied, and /or hours worked may be requested by the City and, if so, may be required prior to the processing of any such request for payment. Payment will only be made for services actually supplied and /or materials or goods actually furnished to the City, all of which need to be approved and accepted by the City prior to such payment, unless otherwise provided for in the Contract documents. Once a payment request has been received by the City, the City will process such payment request. If there are any objections or problems with the payment request, the City will notify the Contractor of such matters. If the payment request is approved and accepted by the City, payment will made by the City to the Contractor as set forth in (C) below. The City may elect to process payments using the credit card method of payment. C. The Contractor shall provide, upon City's request, any parts and /or items as may be called for or covered by the Contract, together with any other items the Contractor might be able to provide to the City. The compensation and /or prices to be paid to the Contractor for the requested items provided to and accepted by the City under the provisions of this Contract shall be: i. The City will pay to Contractor a management fee of $20,000.00 per month, which shall cover the Contractor's operational costs, which includes personnel, vehicle, and a reasonable return for Contractor's services. Credit card processed fee shall not exceed 1.25% per transaction. Invoices shall allow .75% prompt pay discount per invoice, as set forth in (iii) below. ii. The City will pay to Contractor the Contractor's product costs on a monthly basis and such product costs will consist of the actual costs of the Contractor for the parts and items Contractor has sold and delivered to the City as provided for under the terms of this Contract. ill. Contractor shall invoice the City by the 5th of each month for the management fee and products sold to the City under this Contract for the previous month. Full payment of an approved invoice shall be due by the 25th of the month billed. Contractor shall provide a .75% discount to the City of the total amount of the invoice for payments received (postmarked) within 15 days after receipt by the City of a proper invoice for such items. V. The parties agree that they will review the compensation provisions of this Contract every month, starting on September 1, 2012, so that adjustments may be made to the compensation provisions, by mutual agreement of the parties, if needed in order that Contractor receives a reasonable return for Contractor's services under this Contract, such return amount to be calculated by deducting from the management fee the Contractor's actual Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 3 costs for providing the services required by the Contract. However, such return shall not exceed a total of ten percent (10 %) of the total of the Contractor's operational costs and product costs referred to in (i) and (ii) above. If the review indicates that the Contractor's management fee needs to be adjusted, either upward or downward, such adjustment will be made by mutual agreement of the parties. Furthermore, if any adjustments are due for the management fee for the prior one (1) month period, the Contractor will either pay or credit to the City, at the City's option, the amount of any payments made by the City over the percent of return mentioned above, and which takes into consideration the .75% discount mentioned in (iii) above; or if an adjustment is needed to provide the Contractor additional compensation due to an underpayment of the management fee less than the percent mentioned above, and which takes into consideration the .75% discount mentioned in (iii) above, the City will pay such adjustment amount to the Contractor. The above reviews will take place within 20 days after the close of each one (1) month period. Any payments or credits due a party as a result of such review will be paid or credited within 15 days after the receipt of an appropriate invoice from the party due the payment or credit. The above review procedures in this paragraph (iv), except for the not to exceed 10% provision mentioned above, may be modified from time to time by mutual written agreement of the representatives of the parties. Unless otherwise stated in this Contract, the price(s) shall include all applicable charges such as packaging, shipping, duties, customs, tariffs, and any other charges. All personal property or other taxes assessable upon the items prior to receipt and acceptance by the City shall be the responsibility of and paid by the Contractor. The City shall not be responsible for or pay for any items that may be requested or received without an authorized and proper request from authorized City personnel. SECTION 6. SALES TAX EXEMPTION. The City is exempt from payment of State Sales and Use Tax on all tangible personal property purchased or leased for the City's use of consumption. The Virginia Sales and Use Tax Certificate of Exemption number is 217 - 074292 -9. SECTION 7. FREE ON BOARD, RISK OF LOSS, AND TITLE. All prices include F.O.B Destination, inside delivery to the Contractor's Licensed Area unless otherwise noted in this Contract. The risk of loss from any casualty, regardless of cause, shall be on the Contractor until the items have been delivered to City personnel making the request and accepted by the City. The risk of loss shall also be on the Contractor during the return of any items to the Contractor. Title to the items shall pass to the City upon receipt and acceptance of such items by the City. SECTION 8. INSPECTION. The City shall have a reasonable time after receipt of items and before payment to inspect all items for conformity to this Contract. If all or some of the items delivered to the City do Turn Key On Site Parts and Related Items Operation RFP #12 -04 -02 not fully conform to the provisions hereof, the City shall have the right to reject and return such nonconforming items, at the sole cost of the Contractor. SECTION 9. PARTS, ITEMS, AND SERVICES PROVIDED TO THE CITY. Contractor agrees that all items provided to the City will be new, or if an item is refurbished or remanufactured, such item will meet the industry standards for such item and the item shall be clearly labeled as refurbished or remanufactured, and that all such items include such warranties as may be provided by Virginia law together with any warranties provided by the manufacturer of the item. Contractor shall use reasonable commercial efforts to assist the City in processing warranty claims against a manufacturer. Contractor also agrees that the services provided under this Contract shall be completed in a professional, good and workmanlike manner, with the degree of skill and care that is required by like contractors in Virginia. Further, Contractor warrants that such services shall be completed in accordance with the applicable requirements of this Contract and shall be correct and appropriate for the purposes contemplated in this Contract. Contractor agrees that Contractor shall repair or replace, at Contractor's sole expense, and to the satisfaction of the City, any items, material, equipment, or part of the item that is found by the City to be defective or not in accordance with the terms of this Contract. SECTION 10. PAYMENTS TO OTHERS BY CONTRACTOR. The Contractor agrees that Contractor will comply with the requirements of Section 2.2- 4354 of the Virginia Code regarding Contractor's payment to other entities and the Contractor will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Contractor by the City. Contractor further agrees that the Contractor shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the Contractor equipment, labor, tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. SECTION 11. HOLD HARMLESS AND INDEMNITY. Contractor shall indemnify and hold harmless the City and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 SECTION 12. COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION LAW. Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. Contractor further agrees that Contractor does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 13. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation (regardless of number of employees) and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors, and that they are properly licensed. SECTION 14. REPORTS, RECORDS, AND AUDIT. Contractor agrees to maintain all books, records, electronic data, and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and /or state auditors shall have full access to and the right to request, examine, copy, and /or audit any such materials during the term of the Contract and such retention period, upon prior written notice to Contractor. This includes the City's right to audit and /or examine any of the Contractor's documents and /or data as the City deems appropriate to protect the City's interests. SECTION 15. INSURANCE REQUIREMENTS. Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibits 2 and 3 to this Contract and provide the proof of such insurance coverage as called for in Exhibits 2 and 3, including workers' compensation coverage regardless of the number of Contractor's employees. Such insurance coverage shall be obtained at the Contractor's sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 16. DEFAULT. If Contractor fails or refuses to perform any of the terms of this Contract, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Contract in whole or in part. In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractors default. The City further Turn Key On Site Parts and Related Items Operation RFP #12 -04 -02 6 reserves the right to immediately obtain such work or services from other entities in the event of Contractor's default. SECTION 17. NONWAIVER. Contractor agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Contractor extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Contractor and does not bar the City from requiring the Contractor to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and /or remedies it has or might have against the Contractor under this Contract or by law. SECTION 18. FORUM SELECTION AND CHOICE OF LAW. This Contract shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation, suits, and claims arising from or connected with this Contract shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Contract voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Contract shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Contract. SECTION 19. SEVERABILITY. If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. SECTION 20. NONDISCRIMINATION. A. During the performance of this Contract, Contractor agrees as follows: Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. Turn Key On -Site Parts and Related Items operation RFP #12 -04 -02 iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 21. DRUG -FREE WORKPLACE. A. During the performance of this Contract, Contractor agrees to (i) provide a drug -free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. A. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 22. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2- 4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 23. ASSIGNMENT. Contractor may not assign or transfer this Contract in whole or in part except with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof. SECTION 24. CONTRACTUAL DISPUTES. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the Contractor that the City disputes the amount of Contractor's request for final payment. However, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the Turn Key On Site Parts and Related Items Operation RFP #12 -0402 City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of Contractor's claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Va. Code. Failure of the City to render a decision within said 120 days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Contract. SECTION 25. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 26. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 27. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 26. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing. SECTION 29. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): To City: City of Roanoke Department of General Services, Fleet Division Attn: Fleet Manager 1802 Courtland Avenue Roanoke, Virginia 24014 Facsimile: (540) 853.6845 Copy to: City of Roanoke Purchasing Division Attn: Purchasing Manager Noel C. Taylor Municipal Building, Room 202 215 Church Avenue, SW Roanoke, Virginia 24011 Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 Facsimile: (540) 853.1513 If to Contractor: Genuine Parts Company (NAPA) Attn: General Manager 600 Gallimore Dairy Road High Point, North Carolina 27265 Facsimile: (336) 882 -4465 Notices shall be deemed to be effective one day after sending if sent by overnight courier or three (3) days after sending it by certified mail, return receipt requested. SECTION 30. PROTECTING PERSONS AND PROPERTY. The Contractor expressly undertakes, both directly and through its subcontractors, to take every reasonable precaution at all times for the protection of all persons and property at the location of the Work or in the vicinity of the Work or that may be affected by the Contractor's operation in connection with the Work. The Contractor will maintain adequate protection of all Contractor's Work to prevent damage to it and shall protect the City's property from any injury or loss arising in connection with this Contract and to protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. Contractor agrees to be responsible for the entire Work and will be liable for all damages to the Work, including, but not limited to, damages to any property of the City or to any property in the vicinity or adjacent to the Work. All damage with respect to the Work caused by vandalism, weather, or any other cause, other than resulting from the sole negligence of the City shall be the responsibility of the Contractor. Contractor shall also be responsible for any inventory shortages and discrepancies of any type. SECTION 31. CONTRACT SUBJECT TO APPROPRIATION OF FUNDS This Contract is subject to the availability of funds and appropriation of such funds by City Council as may be necessary for this Contract. If such funds are not available and /or appropriated, the City may cancel the Contract without incurring any liability and /or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor. SECTION 32. SUSPENSION OR TERMINATION OF CONTRACT BY CITY. A. The City, at any time, may order Contractor to immediately stop work on this Contract, and /or by seven days written notice may terminate this Contract, with or without cause, in whole or in part, at any time. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data (including electronic data), drawings, specifications, reports, project deliverables, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process (unless otherwise directed by the notice). 1. If the termination or stop work order is due to the failure of the Contractor to fulfill any of its Contract obligations, the City may take over the Work and prosecute the same to completion by contract or otherwise. In such case, the Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 10 Contractor shall be liable to the City for any damages allowed by law, and upon demand of City shall promptly pay the same to City. 2. Should the Contract be terminated or work is stopped not due in any way to the fault of the Contractor, the Contractor shall only be entitled to compensation for services actually performed and materials actually supplied prior to notice of termination or to stop work and which are approved by the City and any applicable federal or state approving agency. No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination or stop work order. 3. The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and City may pursue any and all such rights and remedies against Contractor as it deems appropriate. SECTION 33. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and prohibitions as contained in Sections 2.2 -4367 through 2.2 -4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Contract. SECTION 34. COMPLIANCE WITH STATE LAW: FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Contractor shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. The City may void the Contract if the Contractor fails to remain in compliance with the provisions of this section. SECTION 35. OWNERSHIP OF REPORTS AND DOCUMENTS. Contractor agrees that all reports and any other documents (including electronic data) prepared for, obtained in connection with, and /or required to be produced in connection with this Contract shall be delivered by the Contractor to the City and all such items shall become the sole property of the City. The Contractor agrees that the City shall own all rights of any type in and to all such items, including but not limited to copyrights and trademarks, and the City may reproduce, copy, and use all such items as the City deems appropriate, without any restriction or limitation on their use and without any cost or charges to the City from Contractor. Contractor hereby transfers and assigns all such rights and items to the City. Contractor further agrees Contractor will take any action and execute any documents necessary to accomplish the provisions of this Section. The Contractor also warrants that Contractor has good title to all materials, equipment, documents, and supplies which it uses in the Work or for which it accepts payment in whole or in part. Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 11 SECTON 36. COOPERATIVE PROCUREMENT The procurement of goods and /or services provided for in this Contract is being conducted pursuant to Virginia Code Section 2.2 -4304. Therefore, the Contractor agrees that it will contract with any other public agency or body in the Commonwealth of Virginia who so desires, to permit those public agencies or bodies to purchase such goods and /or services at contract prices, in accordance with the terms, conditions, and specifications of this procurement. The Contractor shall deal directly with each public agency or body seeking to obtain any goods and /or services pursuant to this Contract or from this procurement and in accordance with Virginia Code Section 2.2 -4304. The City of Roanoke shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the Contractor or the public agency or body seeking to obtain any goods and /or services pursuant to this cooperative procurement provision. However, the amount of the management fee and the Not to Exceed figure will be subject to negotiation and agreement between the Contractor and such other public agency or body, together with any other terms that may not be applicable to such public agency or body. SECTION 37. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. SIGNATURE PAGE TO FOLLOW. Turn Key On Site Parts and Related Items Operation RFP #12 -04 -02 12 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. WITNESS: Printed Name and Title (SEAL) WITNESS: Name/Title Printed Name and Title Approved as to form: Attorney Approved as to Execution: City Attorney Authorized by Ordinance No, GENUINE PARTS COMPANY Printed Name and Title CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager Printed Name and Title Appropriation and Funds Required for this Contract Certified: Director of Finance Account # Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 13 EXHIBIT 1 TO CONTRACT FOR A TURN KEY ON -SITE PARTS AND RELATED ITEMS OPERATION BETWEEN THE CITY AND GENUINE PARTS COMPANY Reference: RFP #12 -0402 SCOPE OF SERVICES TO BE PROVIDED BY THE CONTRACTOR TO THE CITY The Scope of Services requires Contractor to provide all equipment, materials, goods, labor, and services necessary for providing the City with a Turn Key On -Site Parts and Related Items Operation (Parts Operation) at the City's Public Works Service Center located at 1802 Courtland Avenue, Roanoke, VA, for City departments, through the City's Fleet Division, and associated work in accordance with the above mentioned Contract and the documents referred to herein. The following is the Scope of Services for the Work, services and items to be provided by the Contractor to the City and Contractor agrees to fully and properly perform such Work and services and provide such items as called for by the Contract Documents in accordance with the provisions of the Contract and that this includes the Contractor providing and /or doing the following: 1. The parties agree that the City shall purchase all non -NAPA branded inventory, including any remaining unused inventory Contractor has purchased from the City upon commencement of this Contract, and the City shall have the option, but not the obligation, to purchase any or all NAPA branded inventory, all of which are owned by the Contract and located in the Licensed Area as of the effective date of any termination of the Contract. Such option to purchase NAPA branded inventory must be exercised in writing to the Contractor within 15 days after receipt by Contractor of any notice of termination or 15 days before the end of any term of the above - mentioned Contract. The cost for any such purchase shall be the Contractor's then current acquisition cost (current actual cost). The parties shall conduct a joint inventory of all such items and shall agree upon the final inventory count. Payment for such inventory will be made to Contractor within 30 after the parties reach such agreement. 2. The Contractor shall provide sufficient staffing, inventory management, maintenance and security of the Licensed Area, provide a vehicle for pick -ups and deliveries, and provide an adequate supply of all parts, items, and equipment, which may be needed by City departments, through the City's Fleet Division, for its operation. The City will request parts from the Contractor on an as needed basis and pay for such parts in accordance with the provisions of the Contract. Contractor shall be responsible for maintaining sufficient inventory at the City's Fleet facility location. The parties agree that Contractor shall not be required to maintain inventory of a value exceeding $250,000, unless otherwise agreed upon in writing by authorized representatives of the Contractor and City. 3. Contractor shall provide sufficient and properly trained personnel to properly perform and provide the services required by the Contract during normal working hours of the Fleet Division. The current Fleet working hours are Monday through Friday 6:30 AM to 3:00 PM for the first shift. The second shift hours of operation are from 2:30 PM to 11:00 PM. Friday second shift hours are 11:00 AM to 7:00 PM. These hours are subject to change by the Fleet Manager, and shall be Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 14 communicated to Contractor in writing at least 15 days prior to the implementation of such change in order to allow Contractor to adjust staffing accordingly. Contractor shall provide sufficient personnel to be able to supply parts and items to both shifts during the times set forth above or as those times may be changed. 4. Contractor shall have standby personnel available to provide parts and items during bad weather or emergency situations. Contractor shall provide the City with a contact person(s) who shall be available 24 hours a day, seven days a week, and will be able to provide Contractor personnel to open the Licensed Area for service within one (1) hour of a request from Fleet personnel. 5. Contractor shall require a work order from City personnel before the sale and issuance of any parts to them. Any parts sold and /or provided without the proper request form from authorized City personnel may not be processed for payment by the City. 6. Contractor shall issue parts only to authorized City personnel for City business. At no time shall parts be made available for sale or disposition to City employees or anyone else for personal or any other unapproved use. Contractor shall provide a system to assure such restrictions are followed. 7. Contractor shall maintain sufficient inventory in the Licensed Area to provide a minimum of 80% of the requested parts at the time of such request. An additional 5% of any requested parts shall be provided within four (4) hours of such request. The remaining 15% of requested parts shall be made available within 72 hours of the request for such parts. 8. Contractor shall provide training, hands -on, classroom and E- leaming for Fleet Technicians from Contractor's manufacturers' representatives, factory representatives, or others as City and Contractor reasonably agree. All training shall be subject to the prior written approval of the Fleet Manager. If any costs will be charged by Contractor or others for any such training, Contractor must obtain the prior written approval of the Fleet Manager to provide such training and the amount of any costs. 9. Contractor personnel shall comply with all operational rules and regulations issued by the City of Roanoke or any of its departments which have been provided to Contractor in writing, and comply with all environmental and safety regulations as required by local, state, and federal agencies. 10. Contractor shall provide all services and items as submitted in Contractor's response to the City of Roanoke's RFP # 12- 04 -02. 11. Contractor shall supply to the City within seven (7) days after the date of the Contract a copy of Contractor's Corporate Hazard Communication Plan (HAZ COM). 12. Contractor shall supply the City within thirty (30) days after the date of the Contract with a copy of Contractor's initial HAZ COM training documentation for each of Contractor's staff assigned to or working in the Licensed Area, and copies of annual documentation for such training. 13. Contractor shall establish a dedicated spill response area within the Licensed Area at the start of Contractor's operations. Turn Key On Site Parts and Related Items Operation RFP #12 -0402 15 14. Contractor shall provide at the start of Contractor's operations the City Fleet Manager with a Material Safety Data Sheet for all supplies and items stored and /or kept in the Licensed Area that require a Material Safety Data Sheet (MSDS) and Contractor shall maintain in the Licensed Area, throughout the term of this Contract, a copy of the current MSDS document for such item. 15. Contractor shall supply the City within seven (7) days after the date of the Contract with a copy of Contractor's Hazardous Waste Handling, Storage, and Disposal Manager's Guide. 16. Contractor shall provide at the start of Contractor's operations a Contractor owned delivery vehicle and driver for use at the Licensed Area for parts pickup for the Parts Operation. 17. Contractor shall provide, at Contractor's cost, a computer system that shall be able to provide the following: Invoicing (monthly); Cataloging; Inventory Control; Custom Pricing; Parts -In -Stock Information; Parts -On -Order Information; Parts -On- Backorder Information; Automatic Stock Levels By Part; Parts Cost; Ability to check stock and order from any of Contractor's distribution centers. Such system shall, at a minimum, provide on -line access to parts numbers and descriptions, quantities on hand, quantities on order, quantities on backorder, item cost, price history, and usage. Authorized City personnel shall be entitled to request and receive from Contractor electronic and /or written reports and /or information on any or all of the above items. 18. Contractor shall be responsible for daily input of parts sold into the City's Fleet Information system. Such input can be done mainly via City supplied computer or via electronic interface. 19. Contractor shall provide, at no cost to the City, to the Fleet Manager all or part of any daily and monthly reports generated by Contractor's information system as may be requested by the Fleet Manager. 20. Contractor shall provide to the City, upon request, suggested manufacturers' price sheets for all parts or items Contractor provides to the City pursuant to the Contract. Contractor also agrees, upon City's request, to provide pricing information for any new parts or items that the City desires to add to the Contract. 21. Contractor agrees to provide the City's Fleet Manager and /or superintendent with a key and /or access code to the Licensed Area so such person can enter, after notice to Contractor, the Licensed Area to get access to City items located in the area over the Licensed Area and /or to use such overhead area. The Fleet Manager or designee may also enter the Licensed Area in emergency situations and will make a good faith effort to notify Contractor before such entry, if practical. In emergency situations the Fleet Manager or superintendent may also obtain necessary parts located in the Licensed Area, but shall notify Contractor of such action as soon as reasonably practical and City shall pay Contractor for such items, pursuant to the Contract. 22. Contractor shall provide the Fleet Manager with sufficient documentation to clearly show the Contactor's operational and product costs and how such costs were calculated, including the actual costs to Contractor for the parts and items sold and delivered to the City. Turn Key On -Site Parts and Related Items Operation RFP 912 -04 -02 16 23. The City intends to use Contractor as its primary supplier of Fleet parts inventory, meaning 90 % of Fleet parts inventory. END Turn Key On Site Parts and Related Items Operation RFP #12 -04 -02 17 EXHIBIT 2 TO CONTRACT FOR A TURNKEY ON -SITE PARTS AND RELATED ITEMS OPERATION BETWEEN THE CITY AND GENUINE PARTS COMPANY Reference: RFP #12.04 -02 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall comply with the insurance requirements set forth in the Contract, including the items set forth below: A. Neither the Contractor nor any subcontractor shall commence work under this Contract until the Contractor has obtained and provided proof of the required insurance coverages to the City, and such proof has been approved by the City. The Contractor confirms to the City that all subcontractors have provided Contractor with proof of such insurance, or will do so prior to commencing any work under this Contract. B. Contractor, including all subcontractors, shall, at its and /or their sole expense, obtain and maintain during the life of this Contract the insurance policies and /or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and /or self insurance such additional insureds may have. The Contractor shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Contract. The Contractor shall provide to the City with the signed Contract an Accord certificate of insurance which states in the description of operations section one of the two paragraphs below: (1) The City and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. If additional insured status is automatic under a different coverage form, Contractor must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Contractor and any subcontractors under this Contract. NC7 (2) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Contractor under this Contract, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Contractor and any subcontractors under this Contract. y Turn Key On Site Parts and Related Items Operation RFP #12 -0402 18 (3) Such other certificate of insurance or insurance document that the City's Risk Manager, in his /her sole discretion approves. C. The minimum insurance policies and /or coverages that shall be provided by the Contractor, including its subcontractors, include the following: (1) Commercial General Liability: $2,000,000.00 $2,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $2,000,000.00 Products /Completed Operations Aggregate Limit. $2,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $2,000,000.00 each occurrence limit (2) Automobile Liability: $2,000,000.00 combined single limit with applicable endorsement to cover waste cargo. (3) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (4) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (5) Such insurance policies and /or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Contractor's and its subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. Turn Key On -Site Pats and Related Items Operation RFP #12 -0402 19 (6) Contractor shall provide such other insurance policies and /or coverages that may be required by other parts of this Contract. D. Proof of Insurance Coverage: (1) Contractor shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (2) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. E. Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Contract shall be authorized to do business in the Commonwealth of Virginia. F. The Contractor's insurance policies and /or coverages shall not contain any exclusions for the Contractor's subcontractors. G. The continued maintenance of the insurance policies and coverages required by the Contract is a continuing obligation, and the lapse and /or termination of any such policies or coverages without approved replacement policies and /or coverages being obtained shall be grounds for termination of the Contractor for default. H. Nothing contained in the insurance requirements is to be construed as limiting the liability of the Contractor, and /or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the Contractor's interest or liabilities, but are merely minimums. The obligation of the Contractor, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the Contractor in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the Contractor's insurance company before seeking recovery directly from the Contractor. END Turn Key On -Site Parts and Related Items Operation RFP #12 -0402 20 EXHIBIT 3 TO CONTRACT FOR A TURN KEY ON -SITE PARTS AND RELATED ITEMS OPERATION This is a Revocable License given by the City of Roanoke to the Contractor as part of the above mentioned Contract dated May , 2012 between the City and the Contractor in order to allow the Contractor to provide a Turn Key On -Site Parts Operation at the City's Public Works Facility and is subject to the terms and condition of such Contract and the provisions set forth below. Contractor specifically agrees to the provisions set forth herein and that this License Agreement is revocable by the City in the City's sole discretion by the City giving the Contractor 7 days written notice of such revocation. The following are the terms and conditions of this License: 1. Grant of License. The City hereby grants to Contractor a Revocable License (License) to use only that part of the City's Public Works Service Facility located at 1802 Courtland Avenue, NW, Roanoke, Virginia, that the City has designated as the Parts Operation area in order for Contractor to provide the City with a source to obtain parts for vehicles and equipment, tools, supplies, and related items (parts and items), for any City department, through the City's Fleet Division, so such City departments may need to perform their work. Such area is referred to as the "Licensed Area" (See attached drawing marked as Exhibit A, which is made a part hereof and shows the Licensed Area.) 2. Term of License. The term of this License shall run concurrently with the term of the above mentioned Contract between the parties. If such Contract expires or is terminated, then this License shall automatically terminate without any further notice. Also, this License may be revoked by the City at any time, in the City's sole discretion, by the City giving the Contractor 7 days written notice of such revocation, except in the case of an emergency or for health or safety reasons, in which case the City may immediately revoke this License. 3. Use of Licensed Area. Contractor shall use the Licensed Area only for the purpose of conducting Contractor's Parts Operation activities as called for by the above mentioned Contract for supplying parts and items to City departments, through the City's Fleet Division, and subject to the terms and provisions of such Contract and this License. 4. Condition of Licensed Area. Contractor acknowledges that the Licensed Area is being delivered to Contractor in an AS IS condition and that Contractor is solely responsible for having examined and investigated such Licensed Area to be sure the Licensed Area is suitable for the Turn Key On Site Parts and Related Items Operation RFP #12 -0402 21 purposes that Contractor intends to use the Licensed Area for, namely Contractor's Parts Operation activities. Contractor will be solely responsible for making all such improvements necessary to use the Licensed Area for such purposes during the entire term of this License. 5. Improvements to Licensed Area. Contractor agrees that prior to Contractor doing any work in the Licensed Area or any other improvements that Contractor places in the Licensed Area, Contractor will submit plans and drawings or a description of any such items to the City Director of General Services and any other required City official for review and approval and will not proceed with any such actions until such prior review and written approval have been obtained. 6. Compliance with Laws. Contractor agrees to comply with all applicable city, state, and federal laws, ordinances, regulations, statutes, and codes, including all relevant zoning, building, environmental, and safety codes, in connection with any construction, maintenance, improvements, and /or operation of the Contractor's Parts Operation activities in the Licensed Area. Maintenance of and Failure to Maintain Licensed Area. Contractor shall be solely and fully responsible for setting up, maintaining, cleaning, operating, providing security, and otherwise being in charge of the Licensed Area so that the Contractor can provide the Parts Operation activities called for by the above - mentioned Contract. However, should Contractor fail to properly and timely maintain the Licensed Area and /or provide any of the other items as required by this License and /or the above - mentioned Contract, the City may provide for such maintenance and /or items and will be entitled to recover all of City's reasonable costs and expenses, including attorney's fees, from Contractor and Contractor agrees to pay all such monies to City within ten (10) days after demand for such from the City. 8. Utilities. The City will pay for utilities for the Licensed Area, like electric, water, and a land line phone, and will handle every day general trash like paper and such items, but not any hazardous wastes or any other items requiring special handling or disposal. 9. Return of Licensed Area. Contractor agrees that upon the expiration and /or termination of this License, or any extensions thereof, that Contractor will return the Licensed Area to the City in as good a condition as it was at the start of the License, ordinary wear excepted, and that all permanent improvements to the Licensed Area by the Contractor will become the property of the City upon any such termination or expiration of this License. However, Contractor may remove, at Contractor's sole expense, any of Contractor's temporary or personal property not permanently affixed to the Licensed Area Turn Key On -Site Parts and Related Items Operation RFP #12 -0402 22 provided it will not cause any damage to the Licensed Area and Contractor will repair, to the satisfaction of the City, any damages to the Licensed Area caused by any removal of such items. 10. Security. Contractor agrees to be responsible for provision of security for the Licensed Area. This includes such measures as may be needed. 11. No Damage to Licensed Area. Contractor agrees not to and shall not commit or permit any act which results in any wasting or damage to the Licensed Area. Should any such waste or damage occur, the Contractor will repair and /or replace all damaged items or areas to the satisfaction of the City, or, at the City's option, pay the City the reasonable cost of the City having such work performed. 12. Responsibility for Licensed Area. Contractor agrees that Contractor shall be responsible for any and all damages to the Licensed Area due to Contractor's use and /or for any and all other claims arising from such use and /or Contractor's actions or omissions, including, but not limited to, any damages to vehicles, any loss of personal property, any personal injuries, and any other injuries or damages of any type. 13. Protection of Licensed Area. Contractor agrees that if Contractor breaches any of the provisions of this License, the City may take any actions necessary to protect and /or maintain the Licensed Area and that Contractor will pay the City all damages, costs, and expenses, including attorney's fees, incurred by the City for such actions. 14. Risk of Loss. Notwithstanding anything herein to the contrary, Contractor shall bear the risk of any loss of or damage to the Licensed Area and /or any goods and items in the Licensed Area during the term of this License. Also, notwithstanding anything herein to the contrary, City shall not be liable for any direct, consequential, incidental, or any other damages incurred by Contractor due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood, hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages resulting from any reason whatever to the Licensed Area or arising out of or resulting from any use of the Licensed Area by the Contractor. 15. Insurance. Contractor, and any of its contractors, agents, or representatives doing any work or providing any services on or in connection with the Licensed Area, shall obtain and maintain during the life of this License, including any extensions, the following Turn Key On -Site Parts and Related Items Operation RFP #12 -04 -02 23 insurance coverages and provide the requirements set forth hereinafter for such coverage: A. In addition to any other insurance required under this License or the above - mentioned Contract, the Contractor shall procure and keep in force during the term of this License insurance for the Licensed Area and Contractor as follows: 1. Commercial General Liability insurance with minimum limits of $2,000,000.00 each occurrence, $4,000,000.00 aggregate. These limits may be achieved through the use of an umbrella policy which states by endorsement it follows the form of the primary coverage. 2. Automobile liability for any auto, hired autos, owned, and non -owned autos of $2,000,000.00 minimum limit. 3. The above limit amounts may be met by an umbrella liability policy following the form of the underlying coverage in a minimum amount of $2,000,000.00 each occurrence, $4,000,000.00 aggregate. 4. Workers' Compensation and Employer's Liability: a. Workers' Compensation: If applicable, statutory coverage for Virginia, and shall contain a waiver of subrogation in favor of the City of Roanoke, its officers, agents and employees, and an endorsement from the insurer to this effect shall be received by City's Risk Manager before the start of the interim transition activities by Contractor. b. Employer's Liability: 1. $100,000 - Bodily injury by accident each occurrence. 2. $500,000 - Bodily injury by Disease Policy Limit. 3. $100,000 - Bodily Injury by Disease each employee. 5. Property coverage to protect any goods or items in the Licensed Area. 6. All such insurance shall be primary and noncontributory to any insurance and /or self- insurance additional insureds may have. 16. Evidence Of Insurance. All Insurance shall meet the following requirements: A. Contractor shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. B. The Contractor shall notify the City in writing within five (5) calendar days if any of the insurance coverages or policies are cancelled or materially altered Turn Key On Site Parts and Related Items Operation RFP #12 -04 -02 24 and Contractor shall immediately replace such policies and provide such documentation to the City. C. The required insurance policies and coverages, excluding those for Workers' Compensation and Professional Liability, shall name the City of Roanoke, it's officers, agents, volunteers and employees as additional insureds, and the certificate of insurance shall show if the policies provide such coverages. D. Where waiver of subrogation is required with respect to any policy of insurance required under this Contract, such waiver shall be specified on the certificate of insurance. E. Insurance coverage shall be on an occurrence basis unless otherwise permitted by the City's Risk Manager and be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance Company providing coverage under this License shall be authorized to do business in the Commonwealth of Virginia. 17. Entry on the Property by the City. The City shall have the right to enter the Licensed Area for the purpose of inspection at any reasonable time or times during the term of this License, provided however, that such inspections shall not unreasonably interfere with the Contractor's use and occupancy of the Licensed Area. 18. City's Limitation of Liability. The City shall not be responsible for any defect or change in the condition of the License Area or for any resulting damage or injury to any person or property occurring in the Licensed Area or for any damages or loss of any of the parts or other items in the Licensed Area. 19. Environmental. A. Contractor represents, warrants and agrees that: (a) Contractor shall permit no installation or placement of Hazardous Material in the Licensed Area in violation of Environmental Laws; (b) Contractor shall permit no release of Hazardous Material onto or from the Licensed Area; (c) Contractor shall cause the Licensed Area and its use to comply with Environmental Laws and be free and clear of any liens imposed pursuant to Environmental Laws; (d) all licenses, permits and other governmental or regulatory actions necessary for Contractor's use of the Licensed Area to comply with Environmental Laws (the "Permits ") shall be obtained and maintained by Contractor and Contractor shall assure compliance therewith; and (e) Contractor shall give City prompt written notice if Contractor receives any notice with regard to Hazardous Material on, from or affecting the Licensed Area and shall conduct and complete all investigations and all cleanup actions necessary to remove, in accordance with Environmental Laws, such Hazardous Material which Turn Key On -Site Parts and Related Items Operation RFP #12 -0402 25 Contractor owned, controlled, and /or had responsibility for from the Licensed Area. B. City shall have the right at any time during the term of this License, whether before or after default, to conduct or cause to be conducted an environmental inspection or audit of the Licensed Area by itself or by a qualified environmental consultant or engineer selected by the City; and Contractor hereby grants to City and its employees, agents, and independent contractors (hereinafter collectively called "City and its Representatives "), the right to enter the Licensed Area upon reasonable notice for the purpose of conducting, whether before or after default, any inspection, audit or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such other procedures as City and /or its Representatives deem necessary or desirable in connection with such inspection or audit. At any time during the term of this License, provided City has a reasonable basis for doing so, City may require Contractor to cause to be performed, at the expense of Contractor, for the benefit of Contractor and City, an inspection or audit of the Licensed Area by an environmental consultant or engineer approved by the City, and Contractor shall furnish to City, at no cost to City, the written inspection or audit report certifying as to the presence or absence of Hazardous Material on, at, or under the Licensed Area. All inspection reports may be submitted to governmental entities or agencies as requested or as may be required by law or regulations. C. Contractor shall indemnify and hold harmless City, its offices, employees, and agents from and against all losses, expenses (including, without limitation, attorneys' fees) and claims of every kind suffered by or asserted against the City as a direct or indirect result of (1) the presence on or release from the Licensed Area of any Hazardous Material, (ii) the violation of Environmental Laws applicable to the Licensed Area, (iii) the requirement to conduct any remediation of Hazardous Materials from the Licensed Area, (iv) the failure by Contractor to comply fully with the terms and provisions of this section, or (v) any warranty or representation made by Contractor in this section being false or untrue in any material respect. The indemnity and hold harmless obligation of Contractor to City under this paragraph includes losses, expenses, (including, without limitation, attorneys' fees) and claims caused by the action or inaction of the Contractor, its agents, employees, invitees and others permitted by Contractor on the Licensed Area or near the Licensed Area. D. "Hazardous Material' means polychlorinated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos and any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) Environmental Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" means any current or future federal, state or local law, regulation or ruling applicable to environmental conditions on, under or about the Licensed Area including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Turn Key On -Site Parts and Related Items Operation RFP #120402 26 Water Act and the Chesapeake Bay Preservation Act. Contractor's obligations under this section shall survive the expiration or termination of this License. 20. Signs. Contractor shall have no right to install or erect in the Licensed Area any signs, antennas or other equipment or device without the prior written consent of City, which consent shall not be unreasonably withheld. 21. Rights Cumulative. All rights, powers, and privileges conferred hereunder upon the City to enforce this License shall be cumulative, and are in addition to and not restrictive to those given by law. 22. License Part of Contract. This License is a part of the above mentioned Contract between the parties and is also subject to the terms and conditions of such Contract. END Turn Key On -Site Parts and Related Items Operation RFP R12 -0402 27 uzwzz \\ \w} \\\\! \((( §f)± 7e.e2maAL PRODUCT mm2eea mm � : > § c . Ml- hl .,. . L \ \ \ y u 9 / \ ■ S / d ! / / \ \\ L) 9c \ \ \ C m / 3 / // \\ \ \ \ \ g g -- \u = «- « « 2 J : ? _ & y « z+» e» 9 6 « J c? « 9 « m c m — z 9 3 c 2 2 g m w y a 3 c = 2 \ 3 g W o o c « c J«? «© e g @ 0 3 « c z « 9 y> a 9 3 c c 2 I 2 z 3 L o o c / 9 u 4 a z a 6«© — # o0c« = y c» 2\ a 6 a_ 3 /«\ \/ u y« (n 0 _+ v 0 4 2Gamwcv omad-IVNoi ame @ -a» NV As e«me ■ S / d ! / / \ \\ L) 9c \ \ \ C m / 3 / // \\ \ \ PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT Q C/7 Li -0 7 N d ° IT 01 U U) 0 75 D1 > -_ J� 04-4' U� a) d U_ p S O U N I� J co J Q) -L N cd C5 d 0 Q Q O - � D � +' L Z � + 0- O I- Ul + Z Q \ 1 1 0 1 O Z (� 06 � W o ionaONd IVNouvon03 NS3aoinV NV AS 03onOONd 0 (U CD I O m I CD O 0 d m W U d Q L nd O Z O -H L� 0 0 J >, d m Q E 75 d Q� S U d Q Q) Q> > L d W Q s r: a The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times GENERAL SERVICES /SUSTAINABILITY GENERAL SERVICES /SUSTAINABILITY ROOM 354 215 CHURCH AVENUE, W., S ROANOKE VA 24011 REFERENCE: 83882000 12996200 State of Virginia City of Roanoke NPH- Turn -Key On -Sit I, (the undersigned) an authorized representative of the Times -world Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this day of MAY 2012. Witness my hand and official seal. Notary Public �':�O�gOO �93C •'. 6: PUBLISHED ON: 05/11 nt n1.' TOTAL COST: 293.92 FILED ON: - 05/15/12 NOTICE OF RroGUG NEARING Notice Is hereby given to at the Council of the City at Roanoke w111 hold e 'matters hearing below m Its meeting to be held on ,Monday, Mey 21, 1012, loe dng at ]:00 p.m., cal time, or as soon hereafter ea the matters Council Chambers, ein Floor, Noel C. Taylor Municipal Building, 115 Cau,ea Avenue, S.W., 2012. GIVEN under my head this full day of MI. 012, Stepaank M. Mean ,C MC 04 1 c12sRS2aB1 Authorized��• Signature:_ Billing Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the Council ofthe City of Roanoke will hold a public hearing on the matters set forth below at its meeting to beheld on Monday, May 21, 2012, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chambers, 4ih Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2451. This public hearing is being held pursuant to the provisions of §§ 15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, and will address the matters set forth below: The City of Roanoke has issued a Request for Proposal for a Turn Key On -Site Parts and Related Items Operation (Parts Operation) to be provided to various City Departments through the City's Fleet Division, with such Parts Operation to be located in the City's Public Works Service Center located at 1802 Courtland Avenue, N.W., Roanoke, Virginia 24012. As part of any resultant contract from such RFP, the City will provide the selected contractor, anticipated to be Genuine Parts Company, with a Revocable License to use an area of approximately 1,946 square feet of the City's Public Works Service Center located on the ground floor in the south side of the facility next to the Fleet Division's administrative offices, which is currently designated as a parts area, to conduct the Parts Operation services, subject to the terms of the resultant contract and the Revocable License. The term of any resultant contract will be for approximately 13 months, with up to 3 one year extensions at the option of the City. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, May 17, 2012. GIVEN under my hand this 8th day of May, 2012. KacgHOUCrs of,bf, hee,n .. key ,n cfm pam ore, n.,h do Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, May 11. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Kenneth Cronin, Director General Services /Sustainability 215 Church Avenue, S. W., Room 354 Roanoke, Virginia 24011 (540) 853 -1805 KAd,& uticds of public hery e,Vuru key on site pans ,e< mph due COMMITTEE VACANCIES /REAPPOINTMENTS May 21, 2012 VACANCIES: One yearterms of office to replace Conseulla Caudill and John Bingham as Directorsof the Greater Roanoke Transit Company Board, commencing July 1, 2012. Criteria business and finances. Four -year term of office to replace Edwin Noell as a member of the Board of Fire Appeals ending June 30, 2016. Three -year term of office to replace Carl Kopitzke as a member of the Mill Mountain Advisory Committee ending June 30, 2015. Three -year term of office to replace Wil Dibling, Jr., as a member of the Roanoke Public Library Board ending June 30, 2015. Three -year terms of office to replace Bobby Caudle and Braxton Naff ending June 30, 2015; and an unexpired term of Felicia Journiette ending June 30, 2014, as members of the Roanoke Neighborhood Advocates. Three year term of office to replace Thomas W. Ruff (citizen at large) as a member of the Towing Advisory Board ending October 31, 2014. Criteria requires a City representative. Three -year term of office to replace Ed Bradley as a member of Personnel and Employment Practices Commission ending June 30, 2015.