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HomeMy WebLinkAboutCouncil Actions 08-06-01 WHITE 35483-080601 ROANOKE CITY CO UNCIL REGULAR SESSION AUGUST 6, 2001 12:ISP. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris arrived late.) A® BRIEFINGS: 1. Briefing with regard to amending the City's Fee Compendium to provide for revised fees for use of City park facilities and services. File #67-289 B. REQUESTS FOR CLOSED SESSION: A report of the City Attorney requesting a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. (Approved 6-0) File #83-132 o A communication from the City Manager requesting a Closed Meeting to discuss disposition of real property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. (Approved 6-0) File #2-132 ge A report of the City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of pending litigation, pursuant to Section 2.1-344(A)(7), Code of Virg.inia (1950), as amended. (Approved 6-0) File #83-132 o A communication from the City Manager requesting a Closed Meeting to discuss acquisition of real property for a public purpose where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. (Approved 6-0) File #2-132 o A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. (Approved 6-0) File #110-132 2 THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS AT 12:20 P.M., TO BE RECONVENED AT 12:25 P.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FOR A BRIEFING WITH REGARD TO AMENDING THE CITY'S FEE COMPENDIUM TO PROVIDE FOR REVISED FEES FOR USE OF CITY PARK FACILITIES AND SERVICES. AT 1:35 P.M. THE MEETING WAS DECLARED IN RECESS FOR FIVE CLOSED SESSIONS. ROANOKE CITY CO UNCIL REGULAR SESSION AUGUST 6, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (All present.) The Invocation was delivered by The Reverend William Joseph Greene, Pastor, Preston Oaks Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 9, 2001, at 7:00 p.m., and Saturday, August 11, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the heating impaired. 4 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT www.roanokegov.com, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. PRESENTATIONS: A resolution paying tribute to the National D-Day Memorial Foundation. Adopted Resolution No. 35483-080601. (7-0) File #80-546 The Mayor introduced Dr. Robert Sandel, President, Virginia Western Community College. File #467 PUBLIC HEARINGS: Public hearing on the request of Southside Development Company that a parcel of land containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N. W., identified as Official Tax No. 2280601, be rezoned from C-l, Office District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Edward A. Natt, Attorney. Adopted Ordinance No. 35484-080601. Bestpitch voted no.) File #51 (6-1, Council Member e Public hearing on the request of the City of Roanoke to lease City-owned property consisting of a 7.2-acre portion of Official Tax No. 1570101, located at 3379 Colonial Avenue, S. W., to the New Vista Montessori School for an initial term of one year, with the option to extend the lease for up to four additional one-year terms. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35485-080601. (7-0) File #166-373-467 ge CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 Minutes of the regular meeting of the Roanoke City Council held on Monday, July 2, 2001; and the Third Leadership Summit held on Thursday, July 12, 2001. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. · A communication from the City Manager recommending that the City Clerk be authorized to advertise a public heating for Monday, August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider entering into a sale agreement with Carilion Health Systems for purchase of property on Colonial Avenue, S. W. File//166-373-221 C-3 RECOMMENDED ACTION: Concur in recommendation. A communication from the City Manager recommending that a public heating be scheduled to amend the City Code to prohibit, goats and sheep as household pets in residential areas. RECOMMENDED ACTION: Concur in recommendation. File//54-24-66 7 C-4 C-5 A communication from Bruce L. Robinson tendering his resignation as a member of the Fair Housing Board. RECOMMENDED ACTION: File #178 Receive and file the accept the resignation. communication and Qualification of Will Trinkle as a member of the Roanoke Arts Commission for a term ending June 30, 2004. RECOMMENDED ACTION: Receive and file. File #230 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to a late charge that was attached to his water bill for property located at 4334 Camilla Avenue, N. W., and a $70.00 emergency medical services fee. Herbert Considder, Spokesperson. No action taken. File #66-468-354 4. PETITIONS AND COMMUNICATIONS: ae A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of a grant made to the City by the Commonwealth of Virginia iDepartment of Criminal Justice Services for a Victim/Witness Assistance Program; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 35487-080601. (7-0) File #60-133-236-502 No. 35486-080601 and Resolution A communication from the Roanoke City School Board requesting appropriation of funds for the Reading Excellence Act grant for Hurt Park Elementary School and Fallon Park Elementary School; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35488-080601. (7-0) File #60-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A joint communication from the City Manager and the Director of Finance recommending issuance of $31,245,000.00 general obligation bonds, pursuant to the Public Finance Act of 1991, Code of Virginia (1950), as amended. Adopted Resolution No. 35489-080601. (6-1, Council Member Hudson voted no.) File #53 A communication recommending execution of a lease agreement with Blue Eagle Parmership for use of office space for human service agencies at 1502 Williamson Road, N. W. Adopted Ordinance No. 35490-080601. (6-0, Council Member Hudson abstained from voting.) File #72-373 o 4e Se Ge A communication recommending execution of Amendment No. 1 to the Subgrant Agreement dated September 26, 2000, between the City of Roanoke and the Northwest Neighborhood Environmental Organization, for additional funding to develop the McCray Court Senior Living Project, in the amount of $277,750.00. Adopted Resolution No. 35491-080601. (7-0) File #165-178-236 A communication recommending acceptance of the bid of Cargill, Inc., Salt Division, for deicing salt, in the total amount of $101,925.00. Adopted Resolution No. 35492-080601. (7-0) File #183-410 A communication recommending execution ora Management Agreement between the City of Roanoke and Downtown Roanoke, Inc., to manage curbage spaces in the City Market, and designating a portion of curbage fees for promotion of the Farmer's Market. Adopted Budget Ordinance No. 35493-080601 and Resolution No. 35494-080601. (7-0) File #42-277 A communication recommending acceptance of"pass-through" funding from a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, in connection with participation in the Regional Hazardous Materials Response Team, in the amount of $15,000.00; and appropriation of funds. Adopted Budget Ordinance No. 35495-080601 and Resolution No. 35496-080601. (7-0) File #60-188 l0 o o 10. A communication recommending execution of the 2001-2002 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 35497-080601. (7-0) File #178-200-236 A communication recommending purchase of property located at 2565 Beverly Boulevard, S. W., demolition of the structure, and closing of the Garden City Hazard Mitigation Grant Program grant, in accordance with requirements of the Federal Emergency Management Agency. Adopted Ordinance No. 35498-080601. (7-0) File #2-236-237 A communication recommending acquisition of certain property rights needed by the City for the Barnhart Street Drainage Improvement Project. Adopted Ordinance No. 35499-080601. (7-0) File #2-468 A communication recommending acceptance of Juvenile Justice and Delinquency Prevention Title II grant funds from the United States Department of Criminal Justice Services for the City's Sanctuary Crisis Intervention Aggression Replacement Training and Education Program, in the amount of $52,714.00; and appropriation and transfer of funds. Adopted Budget Ordinance No. 35500-080601 and Resolution No. 35501-080601. (7-0) File #60-236-305 11. A communication recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley for fiscal year 2001-02. Adopted Budget Ordinance No. 35502-080601 and Resolution No. 35503-080601. (7-0) File #60-293-336 12. 13. 14. 15. A communication recommending issuance of Change Order No. 1 to the contract with Adams Construction Company to repave additional streets within the City of Roanoke, in the amount of $150,685.00; and appropriation of funds. Adopted Ordinance No. 35504-080601. (7-0) File #60-183-514 A communication recommending amendment to the Erosion and Sediment Control Ordinance, to require identification of the person responsible for carrying out a land disturbing activity. Adopted Ordinance No. 35505-080601. (7-0) File #24-356 A communication in connection with transfer of City property and execution of a Performance Agreement for the Times-World Corporation expansion project. Adopted Budget Ordinance No. 35506-080601 and Ordinance Nos. 35507-080601 and 35508-080601. (7a0) File #2-166-207-227 A communication recommending execution of a contract with Manathron, Inc., to provide appraisal software and training for the Office of Real Estate Valuation, in the amount of $119,635.00; and appropriation of funds. Adopted Resolution No. 35509-080601. (7-0) File #162-472 12 16. A communication recommending ratification of a contract with Evan Corporation for emergency improvements to correct fall protection system problems at the Roanoke Civic Center Coliseum, in an amount not to exceed $140,000.00; and appropriation of funds. Adopted Budget Ordinance No. 35510-080601 and Ordinance No. 35511-080601. (7-0) File #60-192-472 bo CITY CLERK: A report requesting the concurrence of Council in the appointment of Sheila N. Hartman, as Assistant Deputy City Clerk, effective August 7, 2001. Adopted Resolution No. 35512-080601. (7-0) File #38-184 6. REPORTS OF COMMITTEES: NONE. 7. UNFINISHED BUSINESS: ao A communication from the City Manager with regard to performing Third Party Administrator functions by Landin, Inc., for Workers' Compensation for the City of Roanoke, in the amount of $40,000.00 per annum. (The matter was tabled at the July 16, 2001 meeting of Council.) Adopted Resolution No. 35513-080601. (7-0) File #63-184 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 13 9. MOTIONS AND MISCELLANEOUS BUSINESS: 10. ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Carder suggested that the matter of outside dining in the Century Park area; i. e.: street side vendors/dining, be referred to the City Manager for report to Council. File #67-277 Vice-Mayor Carder addressed the need to establish the City of Roanoke/Roanoke Valley region in terms of identity; i. e.: what is the perception of the City of RoanokefRoanoke Valley by non-Roanoke Valley citizens. He suggested that the services of a public relations firm be engaged to help establish city/regional identity and requested that the matter be referred to the City Manager for report to Council. File #547 Council Member Hudson called attention to the number of telephone calls he has received from citizens complaining about curbside refuse collection and spoke in support of returning to alley collection. File #144-66 be Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 14 Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke against curbside refuse collection. She expressed concern regarding the policy of the City which requires physically challenged citizens who are unable to roll their containers to the curb to obtain a certificate from their physician. She requested that the City return to the pre July 1 policy for refuse collection. File #66-144 THE MEETING WAS DECLARED IN RECESS FOR THREE CLOSED SESSIONS. CERTIFICATION OF CLOSED SESSION (6-0, Council Member Harris left the meeting during the closed session). William X Parsons was appointed as a member of the Special Events Committee for a term ending June 30, 2002. File #110-317 Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Briefing on Changes to Fee Compendium regarding Park Fees This is to request space on Council's agenda for a briefing during the 12:15 session on the above referenced subject. Respectfully submitted, Darlene L. B~ City Manager DLB:ca C: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.raanoke.va.us CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-J~95 TELEPHONE: 540-853-2431 WILLIAM M. HACKWORTH FAX: 540-853-1221 CITY ATTORNEY E-MA]L: cityatty~ci.roanok¢.va.us August 6, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI ~'GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f CC: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Office of the Cib Managor August 6, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting ' Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344.A.3, Code of Virginia (1950), as amended. Sincerely, Darlene L. Bum~~~'~'~J City Manager DLB:ca c: William M. Hackworth, City Attomey James D. Gdsso, Director of Finance Mary F. Parker, City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeD:www. ci.roanoke.va.us WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty(~ci.roanoke.va.us August 6, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of pending litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney Office of the City Manager '0'i August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: Request for Closed Meeting This is request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344.A.3, Code of Virginia (1950), as amended. Sincerely, City Manager DLB:ca C~ Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. raanoke.va.us RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August6,2001 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor RKS:sm H:',~genda.Ol\Closed Session on Vacancies.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35483-080601. A RESOLUTION paying tribute to the National D-Day Memorial Foundation, and expressing to it the appreciation of this City and its people for its outstanding endeavor to commemorate the importance and significance of June 6, 1944, and to honor those who fought for our country on the beaches of Normandy on that historic day. WHEREAS, the Foundation determined that Bedford, Virginia, is a prime example of our nation's many communities who share a common heritage of "homefront" roles, sacrifices, and stories with regard to D-Day; and WHEREAS, the Foundation selected Bedford as the location for the National D-Day Memorial, acknowledging that it has the highest per-capita loss from any single community in our country with regard to D-Day of the 35 soldiers from Bedford who fought on that historic day, 19 died in the battle; and WHEREAS, the Foundation, through the leadership of its chair, John R. "Bob" Slaughter, worked with this region's cities and communities to promote the memorial and secure pledges and donations for its construction; and WHEREAS, people from all over the state, the country and the world have and will visit this monument to remember and learn about the patriotism of American soldiers during the D-Day invasion and the sacrifices they made for our freedom. H:XM EASUP~ES'aR.-D-DAYMEMORIAL THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council as follows: 1. This Council adopts this means of recognizing and commending the efforts of the National D-Day Foundation to preserve history and honor the service of Virginia' s World War II veterans through the construction of the National D-Day Memorial. 2. The Clerk is directed to transmit an attested copy of this Resolution to John R. "Bob" Slaughter. ATTEST: City Clerk. H:~vIEASURESXR-D- DAYME-~.IORIAL Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt~opnlaw.com LAW OFFIGES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC 8012 ELEGTRIG ROAD, S.W. P. 0. Box 20487 ROANOKE, VIRGINIA 24018 - 0049 (540) 080-0000 Fxx (540) 772-01.20 August 23, 2001 SALEM, VIRGII~IIA 24153 P. O. Box 270 105 N. GOLORADO STRICT (540) 380-2849 FA~X (540) 889-0560 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re'- Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, NW (Tract III, Eden Park) Dear Mary: Enclosed please find a copy of the Third Amended Petition which includes the last proffers approved by City Council relating to the landscaping plan [Item 0)]. I would appreciate your filing this with the rezoning papers in this matter. If you have any questions, please feel free to give me a call. With best personal regards, I am Very truly yours, EAN/csb Enclosure pc: OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 pc~ Mr. Tom Nicholson, III 819 West Little Creek Road Norfolk, VA 23505 THIRD AMENDED PETITION TO REZONE IN RE: IN THE COUNCIL OF THE CITY OF RO.,ANOKE, VIRGIN!,? Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southside Development Co., a Virginia limited liability company, is the contract purchaser of land in the City of Roanoke containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W. (Tax Map No. 2280601), said tract being currently zoned C-l, Commercial District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l, Commercial District to LM, Light Manufacturing District subject to certain proffered conditions for the purpose of construction of mini-warehouses on the subject property. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the Ci~,'s Z',n;ng Ordinance and its c'$mprehensive ple~, in that it ':" ....... ~,x.i,l enable a parcei of located on Bean Street, N.W. to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the development plan. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property \~JOLLYkSYS\ofnak\Users\CBaumgardnerXZONiNG\Nicholson_Southside 3RD AMD PET.doc I to be rezoned. Attached as Exhibit "5" is the elevation plan prepared by G. M. Frech under date of June 15, 2001. The Petitioner voluntarily submits the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the development plan prepared by Caldwell White Associates, under date of May i, 200i, attached iaereto as Exhibit "2" and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be used solely for mini-warehouses. The mini- warehouse construction excluding any paved driveway or parking areas, shall not exceed 80,000 square feet. (c) The mini-warehouse structure, not including the gazebos identified in the two pages of plans labeled, "Bean Street Self-storage Facility, Roanoke, Virginia," dated June 15, 2001, and prepared by G. M. Frech ("Frech Plans"), and also identified in the development plan prepared by Caldwell White Associates, under date of May 1, 2001, shall not be more than eleven (11) feet, six (6) inches, in height at any time fi.om the nearest grade as shown on the Frech Plans. The gazebos shall not be more than twenty-two (22) feet in height at any time fi.om the nearest grade. (d) All construction traffic and permanent access will be limited to access through Bean Street. \XJOLLY\SYS\ofnak\Users\CBaumgardner~ZON1NG\Nicholson_Southside 3RD AMD PET.doc 2 (e) (0 (g) (i) (J) The hours of operation will be 7:00 AM - 7:00 PM, seven days a week. Access to individual units outside the normal working hours shall be limited to permits issued by the Owner. All heating, ventilation, and air-conditioning (HVAC) units shall be mounted on the ground within the mini-warehouse. No HVAC unit shall be outside the mini-warehouse structure or on the roof. There shall be no lighting on the exterior portion of the mini-warehouse between the mini-warehouse and the adjoining residential properties. All lighting shall be within the mini-warehouse area and shall be by halogen lights below the top of the building level with all lights shining toward the interior of the mini-warehouse. The roofs of the mini-warehouse structure, not including the roofs of the gazebos, shall be flat, with no peak, and shall be sloped inward to direct stormwater away from adjacent properties. The facility, including the gazebos, shall be constructed in substantial conformity with the Frech Plans, attached hereto as Exhibit 5 (being those two pages of the Frech Plans, such plans being submitted and made a part of this petition. The exterior of the mini-warehouse structure which does not consist of a gazebo shall be split face block, three (3) feet high fi.om the nearest grade, and all portions other than the split face block shall be a colored metal finish. The Developer will prepare a landscaping plan to be approved by City staff. All landscaping shall be in conformity with the approved plan. F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside 3RD AMD PET.doc 3 WHEREFORE, the Petitioner requests that the above described tract be rezoned requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this __ (o'fi dayof ~u~,.,,-',-n'- ,2001. SOUTHSIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to the proffers set out above: Owner: B yCREATIVE~//~' cCO~-~TRU~TION4~ ~~&/D~EVELOPMENT4./'~-7~CORPORATION I~S __ Contract Purchaser: SOUTHSIDE DEVELOPMENT CO. ITS F:\ofnak\Users\CBaumgardnerXZONING\Nicholson-Southside 3RD AMD PET.doc 4 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@¢i.roanoke.va.us August 8, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Edward A. Natt, Attorney P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35484-080601 rezoning a parcel of land containing 4.05 acres, more or less, designated as Official Tax No. 2280601, situate at the southeast terminus of Bean Street, N. W. (Tract III, Eden Park), from C-1, Commercial District, to LM, Light Manufacturing, subject to certain proffers contained in the Second Amended Petition filed in the City Clerk's Office on July 17, 2001, and dispensing with the second reading of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Tom Nicholson, III, 819 West Little Creek Road, Norfolk, Virginia 23505 Rick Williams, President, Williamson Road Action Forum, 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012 Clarence and Verna Mitchell, 4824 Delray Street, N. W., Roanoke, Virginia 24012 Timothy N. Musselwhite, 3513 Normandy Lane, .~¢45, Roanoke, Virginia 24018 H:~Agenda.01XAugust 6, 2001 correspondenc.wpd Edward A. Natt, Attorney August 8, 2001 Page 2 pc: William R. and Rebecca D. Coupe, 4816 Delray Street, N. W., Roanoke, Virginia 24012 Roy and Barbara Dent, 4812 Delray Street, N. W., Roanoke, Virginia 24012 Lynwood and Yvetta Dent, 4808 Delray Street, N. W., Roanoke, Virginia 24012 Edith D. Alley, 4802 Delray Street, N. W., Roanoke, Virginia 24012 Trustees, Airlee Court Baptist Church, 1312 Hershberger Road, N. W., Roanoke, Virginia 24012 First Union National Bank, 1344 Hershberger Road, N. W., Roanoke, Virginia 24012 Tacoma, Inc., 1406 Hershberger Road, N. W., Roanoke,. Virginia 24017 James and Virginia Axelsen, 4827 Eden Drive, N. W., Roanoke, Virginia 24012 William R. and Virginia O. France, 4821 Eden Drive, N. W., Roanoke, Virginia 24012 Glenda J. Field, 4817 Eden Drive, N. W., Roanoke, Virginia 24012 John P. Spangler, 4811 Eden Drive, N. W., Roanoke, Virginia 24012 Donald E. Keaton, Sr., 4807 Eden Drive, N. W., Roanoke, Virginia 24012 Sara Coleman Whitlock and Jane Whitlock Horeis, 2715 10th Street, N. W., Apt. 11-202, Roanoke, Virginia 24012 Betty J. Richardson, 4728 Daleville Street, N. W., Roanoke, Virginia 24012 Thomas and Lyle Myers, 4733 Pawling Street, N. W., Roanoke, Virginia 24012 Juan Aguirre Lopez, 4727 Eden Drive, N. W., Roanoke, Virginia 24012 Christine B. Decker, 4727 Daleville Street, N. W., Roanoke, Virginia 24012 Thurston and Nellie Moomaw, 4728 Pawling Street, N. W., Roanoke, Virginia 24012 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:L&genda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35486-080601. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance. WHEREAS, Southside Development Co., has made application to the Council of the City of Roanoke. to have the hereinafter described property rezoned from C-I, Office District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 6, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both f6r and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W., and designated on Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280601, be, and is hereby rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on July 25, 2001, and that Sheet No. 714 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORD-RF-.~O-Rcz- Southside Develop (PH 8-06-01) Roanoke City Department of Planl and Code Enforcen 1. Room 166, Municipal Building 215 Church Avenue, S.W. . ~ Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Southside Development Co., represented by Edward A. Natt, Attorney, that a tract of land containing approximately four acres, designated as Official Tax Number 2280601, and located at the southeast terminus of Bean Street, N. W., be rezoned from C-1, Office District, to LM, Light Manufacturing District, such rezoning subject to certain proffered conditions. Planning Commission Action: Planning Commission held a public hearing on this request on June 21,2001. Additional conditions were proffered at the meeting. The Commission voted to recommend approval of the rezoning request, as amended, by a vote of 7-0 (Messrs. Butler, Campbell, Dowe, Hill, Manetta, Rife, and Chrisman voting in favor of the motion). Background: Purpose of the proposed rezoning request is to allow the construction of mini-warehouses on the vacant property. Initial petition to rezone from C-1, Office District to LM, Light Manufacturing District was filed on May 3, 2001. Second amended petition was filed on July 25, 2001, following the Planning Commission public hearing. The proffered conditions of the rezoning are: (A) That the property will be developed in substantial conformity with the development plan prepared by Caldwell white Associates, under date of May Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals 1,2001, attached hereto as Exhibit 2 and made a part hereof subject to any changes that may be required by the City during development plan review. (B) That the property will be used solely for mini-warehouses. The mini- warehouse construction, excluding any paved driveway or parking areas, shall not exceed 80,000 square feet. (c) The mini-warehouse structure, not including the gazebos identified in the two pages of plans labeled, "Bean Street Self-storage Facility, Roanoke, Virginia," dated June 15, 2001, and prepared by G. M. Frech ("Frech Plans"), and also identified in the development plan prepared by Caldwell White Associates, under date of May 1,2001, shall not be more than eleven (11) feet, six (6) inches, in height at any time from the nearest grade as shown on the Frech Plans. The gazebos shall not be more than twenty-two (22) feet in height at any time from the nearest grade. (D) All construction traffic and permanent access will be limited to access through Bean Street. (E) The hours of operation will be 7:00 a.m. - 7:00 p.m., seven days a week. Access to individual units outside the normal working hours shall be limited to permits issued by the owner. (F) All heating, ventilation and air conditioning (HVAC) units shall be mounted on the ground within the mini-warehouse. No HVAC unit shall be outside the mini-warehouse structure or on the roof. (G) There shall be no lighting on the exterior portion of the mini-warehouse between the mini-warehouse and the adjoining residential properties. All lighting shall be within the mini-warehouse area and shall be by halogen lights below the top of the building level with all lights shining toward the interior of the mini-warehouse. (H) The roofs of the mini-warehouse structure, not including the roofs of the gazebos, shall be flat, with no peak, and shall be sloped inward to direct storm water away from adjacent properties. The facility, including the gazebos, shall be constructed in substantial conformity with the Frech Plans, attached hereto as Exhibit 5 (being those two pages of the Frech Plans, such plans being submitted and made a part of this petition). The exterior of the mini-warehouse structure which does not consist of a gazebo shall be split face block, three (3) feet high from the nearest grade, and all portions other than the split face shall be a colored metal finish. Neighborhood meeting was held on May 29, 2001 to discuss proposed development with residents of the area. Issues discussed included the architecture of the building, landscaping and buffering, lighting, grading, traffic access, management of tenants and environmental controls for animals and insects, and construction activities. Planning Commission public hearing was held on June 21,2001. Mr. Ed Natt, Attorney for the petitioner discussed the proposed rezoning request. Mr. Tom Nicholson, owner and developer for Southside Development Company discussed development of the property and the design of the facility, noting that it would be constructed of metal and split-faced block with a metal roof and turrets or gazebos. He noted that all storage doors and lighting would be on the inside of the facility. Mr. Natt agreed to file a second amended petition to include the elevations that were discussed and to add language dealing with lighting, access, and storm water management. Mr. Bob Copty, Realtor for the property addressed the Commission and advised that he had never had an inquiry for an office development for the property. He indicated that the proposed use was a good fit with the residential properties. There was discussion by the Commission regarding the facility design and operations. Mr. Rick Williams, President of Williamson Road Action Forum spoke to the Commission and advised that a neighborhood meeting was held and that the residents were willing to accept the proposed development, but were still concerned about the mass and appearance of the facility and felt that another development could be worse. He further stated that as an individual he felt that the proposed use was not the highest and best use of the property and that he was, personally, opposed to the rezoning. Mrs. Edith Allen, 5802 Delray Street, advised the Commission that she was an adjacent property owner and was in support of the proposed us because of the Iow traffic volumes and the need to develop grown up areas to better maintain them. Ms. Evie Lander, Director of Planning Building and Development presented the staff report advising that the current C-1 zoning was reasonable, but that the proposed use could also be considered reasonable because it was a Iow traffic generator and would have minimal impact on the residential neighborhood. She advised that neighborhood comments should be carefully considered in the decision. Considerations: Existing zoning of the property is C-1, Office District. There are no conditions associated with the current zoning. Subject property has been requested for rezoning in the past. Past uses considered include a miniature golf course and community activities center, and a grocery store. Proposed use of the property would be for mini-warehouses. Proposed rezoning request is for LM, Light Manufacturing, in order to provide for the proposed 80,000 sf facility. (The City's C-2, Commercial District, only provides for a facility of up to 12,000 sf.) Existing land use is vacant land. Surrounding land uses include banks, restaurants, and a church to the north and residential, single family homes to the south. Proposed development plan is a proffered condition of the rezoning. The mini-warehouse units would be contained within a large perimeter building that surrounds two other interior buildings. All units would be accessed from the interior with a single entrance from Bean Street. The facility would have an on-site manager during the day. Access during the evening hours is restricted. Subject property is accessed via Bean Street to Hershberger Road, which is a signalized intersection. City Traffic Engineer has advised that the proposed use, mini-warehouses, is a Iow traffic generator that works well for this busy traffic area. No traffic issues are expected. Storm water management will be required to be handled on site. The City's Development Review Coordinator and City Engineer have indicated that storm water management will have to be carefully considered because of existing storm system limitations. Buffering and landscaping will be required between the proposed use and the residential neighborhood. Proposed landscaping includes the use of deciduous trees and evergreen plants along the perimeter of the large, exterior building. Neighborhood organization for the area is the Williamson Road Action Forum. The group has been notified of the rezoning request and meetings have been held with residents of the neighborhood and the neighborhood organization. The Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Possible changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Development of new or existing commercial or industrial areas should be carefully planned and designed to promote quality development and good land use. Controls to ensure that new or expanded industrial and commercial developments are good neighbors for residential areas should be carefully evaluated and strengthened where necessary. Recommendation: Planning Commission recommends that City Council approve the rezoning request. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission C~ Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward A. Natt, Attorney for the Petitioner Rick Williams, President, Williamson Road Action Forum OSTERHOUDT, ~RILLA~AN, NATT, HECSC~ER. YOST, ~AXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw ROANOKE. VIRGINIA 24018-0049 SECOND AMENDED PETITION TO REZONE IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southside Development Co., a Virginia limited liability company, is the contract purchaser of land in the City of Roanoke containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W. (Tax Map No. 2280601), said tract being currently zoned C-l, Commercial District. A map of the property to be rezoned is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-I, Commercial District to LM, Light Manufacturing District subject to certain proffered conditions for the purpose of construction of mini-warehouses on the subject property. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Bean Street, N.W. to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the development plan. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside 2ND AMD PET.doc Page I of 4 OSTERHOU DT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PL(C ATTORNEYS-AT-LAw ROANOKE, VIRGiNiA 240 [ 8-0049 to be rezoned. Attached as Exhibit "5" is the elevation plan prepared by G. M. Frech under date of June 15, 2001. The Petitioner voluntarily submits the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the development plan prepared by Caldwell White Associates, under date of May 1, 2001, attached hereto as Exhibit "2" and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be used solely for mini-warehouses. The mini- warehouse construction excluding any paved driveway or parking areas, shall not exceed 80,000 square feet. (c) The mini-warehouse structure, not including the gazebos identified in the two pages of plans labeled, "Bean Street Self-storage Facility, Roanoke, Virginia," dated June 15, 2001, and prepared by G. M. Frech ("Frech Plans"), and also identified in the development plan prepared by Caldwell White Associates, under date o~May 1, 2001, shall not be more than eleven (11) feet, six (6) inches, in height at any time from the nearest grade as shown on the Frech Plans. The gazebos shall not be more than twenty-two (22) feet in height at any time from the nearest grade. ~ (d) All construction traffic and permanent access will be limited to access through Bean Street. F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside 2ND AMD PET.doc Page 2 0/'4 OSTERHOUDT, PRILLANAN. NATT, HELSCHER, YOST. HAXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw ROANOKE. VIRGIN~A 240 ~ 8-0049 (e) The hours of operation will be 7:00 AM - 7:00 PM, seven days a week. Access to individual units outside the normal working hours shall be limited to permits issued by the Owner. (f) All heating, ventilation, and air-conditioning (HVAC) units shall be mounted on the ground within the mini-warehouse. No HVAC unit shall be outside the mini-warehouse structure or on the roof. (g) There shall be no lighting on the exterior portion of the mini-xvarehouse between the mini-warehouse and the adjoining residential properties. All lighting shall be within the mini-warehouse area and shall be by halogen lights below the top of the building level with all lights shining toward the interior of the mini-warehouse. (h) The roofs of the mini-warehouse structure, not including the roofs of the gazebos, shall be flat, with no peak, and shall be sloped inward to direct stormwater away from adjacent properties. (i) The facility, including the gazebos, shall be constructed in substantial conformity with the Frech Plans, attached hereto as Exhibit 5 (being those two pages of the Frech Plans, such plans being submitted and made a part of this petition. The exterior of the mini-warehouse structure which does not consist of a gazebo shall be split face block, three (3) feet high from the nearest grade, and all portions other than the split face block shall be a colored metal finish. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside 2ND AMD PET.doc Page 3 of 4 OSTERHOUDT, F~RILLAMAN, NATT, H£LSCH~'R. YOST. HAXWELL & F'ERSU$ON, PLC ATTORNEYS-AT-LAw ROANOK[, VIRGINIA ~'4018-0049 Respectfully submitted this day of '-T O [ ~ ,2001. SOUTHSIDE DEVELOPMENT CO., a Virginia limited liability, company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELI_.& FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to the proffers set out above: Owner: CREATIVE CQNSTRUCTION 8,:.I~EVELOPMENT CORPORATION BY.- /< 115 Contract Purchaser: SOUTHSIDEDEVELOPMENTCO. BY ITS F:\ofnak\Users\CBaumgardnerXZONING\Nicholson-Southside 2ND AMD PET.doc Page 4 of 4 OSTERHOUDT, PRILLANAN, NATT, HELSCHEIt, YOST, HAXWELL & F'£RGUSON, PLC ATTO R N EY$-AT-LAW ROANOKE, VII~GINIA 240 ~ 8-0049 Respectfully submitted this day of "~'-o IT ,2001. SOUTHSIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MA_XWE!.L & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to the proffers set out above: Owner: CREATIVE CONSTRUCTION & DEVELOPMENT CORPORATION BY ITS Contract P_urchaser: SO'UTHSi'DE DEVELOPMENT CO. ~ ~ ..? /.7 .,'~. ; ¥.'~ .J '. I.: ! . .~m-"-, ~. ,.. ~.. ' ',- , ' ,Z:._ -- ITS -,~-~-, , ~ .... -~ - F:\ofnak\Users\CBaumgardner\ZONING\Nicholson-Southside 2ND AMD PET.doc Page 4 of 4 I"lAY-(~'Z-2~:3~1 11: 1~ P, 02 Description of 4.05 Acre Tract To be rezoned Light M~ufaeturing Situate On Be~m S~ N.W. City of Roanoke, VA BEGINNING at a point in the northerly fight of way of Edinburgh Drive, N.W., saki point being the northeasterly corner of Lot 17, Block 6, Section No. 1 Eden Park Subdivision as recorded in the Office of the Clerk of the Circuit Court of Roar~ke County, Virginia in P.B. 2 PC3. 211; Thence leaving Edinburgh Drive and with the zea:,zrly l~c of Edt, ¥,Ta~k Subdlvi~ion N 34e33'00"W 352.36 feet to a po~; Them~ leaving Eden Park Subdivision and with the southerly linc of Tra~ l'I of Plat Showing Subdivision of Property of Cre~ive Construction ~md Developmem Corporation as recorded in M.B. 1 PG 313 in the Office of the Clerl~ of the Circuit Court of the CRy of Roano~:e, Virgin~ N55*O7'O0"E 149.32 feet to a point in the westerly right ofw~y of Bean Street, N.W.; Theme with ~ right of way of Bean Street, N.W. on a curve to the left whose radius is 50.00 feet, who~e arc length i~ 135.54 feet and whose chord is N78*59'I6"E 97.69 feet to a point; Thence le~ving th~ right of way of Be~m Stxeet, N.W. and with the southerly line of Trot I ofthe aforesaid Plat f~r Cremive Construction and DevelOlmaem Corporation (MB I PC3 313) Sltg*39'22"E 14.16 feet to a point; Thence continuing with Tract I N55*I3'48"E 172.86 f,c,~ to ,, poim; Thence continuing with Tract I N34*46'12~W 100.23 to a poim, saki point being inthe southerly line of the property of Ah-lee Court Bapti~ Church (DB 1174 PG 43 & DB 875 P(J 250); Thea~e with the property of Airlee Court ~ Church N69*06'10E 18.00 f~et to a poim; Thence continuing with the lXOlm~ of Airlee Court Ba~t Church N59'5 I'10"E 53.10 feet to · point; Them:~ leaving the prol~rty of Airle~ Court BatXist Church mad with the prolm~ of The City of Roanoke, VA (DB 859 PG 204) S34'50'50"E 35.00 feet to ~ poiat; Thence cotxtimfing with the City of Roanoke prol~ett)' lq55*09'10"E 35.00 feet to a point in the we~erly line of the Frank W Bealam Subdivision as recorded in the Office Of the Clerk of the Circuit Couxt ofRo~moke Cou~y, Virginia in PB 2 PG 185; Thence leaving the City of Roanoke ptx~xly nnd with the westerly line of the Frmak W. ~[Seaflun Sulxtivision S34*a,6'I2"E 360.58 ~ to a point; Thence le~ving the Frank W. Beahm Subdivision mxt with the northerly lin~ of Lot 1 Block 7 Section No. 3 of Eden Park Subdivi~n as r~corded in PB I P(~ $9 in the Office of the Clerk of the Circuit Court of Roanoke County, Virgiai~ ~ad the northerly right of way of Edinburgh Drive, N.W. S55'07'00"W 527.110 f~t to the Poim of Beginning, ~xl being all of Tract Ill Plat Showing the Subdivision of property of Creative Cotmnmion ~,d Development Corporation m rtcorded in the ~ of the Clerk of the Circuit Court of the City of Romaoke, Virgini~ in MB 1 P~ 313 taxi containing 4.05 acr~. Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 2280601 (22 parcels found.) EXHIBIT 3,641,831 3,640,729 I 1,058.687 Map Width= 1,102' Page generated on 4/23/01 1:27:36 PM /[ ~ HITY OF ROANOKE ,.?_~o~o~ ~.,~ ~-~.~ ^v sw R~. :~o ,,IT , EE 4ITCHELL, VERNA M ~.280203 ~824 DELRAY ST NW ROANOKE, VA 24012 MUSSELWHITE, TIMOTHY N 2280204 3513 NORMANDY LN #45 ROANOKE, VA 24018 COUPE, WILLIAM R COUPE, REBECCA D 2280205 4816 DELRAY ST NW ROANOKE, VA 24012 '-:°v:u~l14812 DELRAY ST NW ::°v:~"[14808 DELRAY ST NW ~l~oi~oK~, ~^ =~o~= 11,059,789 ooooooo 000000001~ 1566035 lie http:/'/ww',';.webgis.net/scripts/esrimap'dll?name=R°a, cyPlusl& 4/23/01 IIALLEY, EDITH D ]l~o~oK~, v^ ~0~,_ II~OA~OKE, VA =a0a= IITRS AiRLEE COURT BAPT CHURCH '2~8060")/11312 HERSHBERGER RD NW -- -IIP, OANOKZ, VA 24012 [[CITY OF ROANOKE '_.'_S060.~"'-~ S Cm.n,,C~ ^V SW IIP,.OANOK~, V^ 240t 'l1000~0a4~l~ 000000001~]~ 00000000110.028 228(1604! 1312 HERSH'BERGER RD N'W IlTRS AIRLEE CT BAPT CHURCH 2280605 2280606 ROANOKE, VA 24012 ,1344 HERSH-BERGER RD NW FIRST UNION NATIONAL BANK ROANOKE, VA 24012 TACOMA [NC 1406 HERSHBERGER RD NW ROANOKE, VA 24017 /IROANOKE, VA 24012 IIFRANCE, WILLIAM R IIFRANCE, VIRGINIA O 228°8°911~s~1 EDEN Da NW 1/~o~o=, VA 2280810 4817 EDEN DR ~ ~o~o=, w=~o~= 2280811 4811 EDENDR~ RO~NO~, VA 24012 133601671~ Il 179108601~ ][K.EATON, DONALD ESR 2280812114807 EDEN DR NW ~[ROANOKE, VA 24012 oooo522o/~7~: 'IIRICH_A. RDSON, BETTY J ')") 80913114728 DALEVILLE ST NW -- ]IROANOKE, VA 24012 .2al 40 lll~.~5 ~'i~-X'iaTrLiNO ST NW IIROANOKE, VA 24012 __~[ 17121375i~ http ://www.webgis.net'scripts/es-dmap.dll?name=R°acyPlus 1 & 4/23/01 I[MAZEY, PAUL L 228140'1B190 HUNTER'S TL -I/Ro oK , V^ 24019 !1 °°°°°°°°ll°'t6al/ Location Map mseL~,~,£R: The in formation contained on this page,is NO~- to be.cons~onrteuesc~dffn.? _,~ra) description". Map information s believed to be accurate out accuracy ~s not guava . y · u ~ or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data. lost i~rofits, business interruption. loss of business information or other pecuniary, loss that m~ght arise from the use of this map or the information it contains. ~^, Map Data as of: February 2urn Real Estate Data as of: A~ril 2001 Thank you for visiting the Roanoke City iPlus web site! Visit the Official Roanoke City Web Site! Please send your comments regarding this Web site to David Denting, GIS Manager E-mail address: engineer(&ci.roanoke.va.us Anderson & Associates home page Last t pdated: Jul 23, 1999 http://www.webgis.net/scripts/esrimap.dll?name=R°acyPlus 1 & .. 4./23/01 Ill 0 7 0 FY' <C F~ 0 FY' C MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk~ci.roanoke.va.us July 18, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Edward A. Natt F. O. i~ox 20487 Roanoke, Virginia 24018 Dear Mr. Natt: Your communication requesting that Council authorize the City Clerk to advertise a public headng for Monday, August 6, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the request of your client to rezone property located at the southeast terminus of Bean Street, N. W., from C-1, Office District,. to LM~ Light Manufacturing District, was before the Council oftheCity of Roanoke at a regular meetingwhich was held on Monday, On motion, duly secondedan~ adoptec~i C0'anci~ concurre~ irt the request. It will be necessar~fo~' yo~, an~Your representatiVe~ t~)b~ present at the public headng. Failure to appea~ could resuit~a deferral of the'. public headng until a later date. Mary F. Parker, CM~.~.; City Clerk-. pc: Tom II~ 81~est Little Creek Road, Norfoll~; Virginia 23505. Rick Wilflams, Presid~Williamson Road Action Fomn~, 3725 Sundse Avenue, N. W., Roanoke, Virgini~ 2401 Clarence andt, Vem~ Mit~el~. 4824 Delray Street~ I~ ~,:. Roanok., Virginia 24012 Timothy N~. Musselwhite~. 3513 Normandy Lane, #45~.Roanoke~ Virginia 24018 William R.. and Rebecc~ ~.. Coupe,, 4816 Delray Stree~ I~-AM!, Roanoke', Virginia 2401Z ..... ' ' : ':'/.. .... · H:XAgenda. Olklul~ 16, 200} con'~gond~ac-wlxll~:?::'' . . Edward A. Natt · July 18, 2001 · Page 2 Roy and Barbara Dent, 4812 Delray Street, N. W., Roanoke, Virginia 24012 Lynwood and Yvetta Dent, 4808 Delray Street, N. W., Roanoke, Virginia 24012 Edith D. Alley, 4802 Delray Street, N. W., Roanoke, Virginia 24012 Trustees, Airlee Court Baptist Church, 1312 Hershberger Road, N. W., Roanoke, Virginia 24012 First Union National Bank, 1344 Hershberger Road, N. W., Roanoke, Virginia 24012 Tacoma, Inc., 1406 Hershberger Road, N. W., Roanoke, Virginia 24017 James and Virginia Axelsen, 4827 Eden Drive, N. W., Roanoke, Virginia 24012 William R. and Virginia O. France, 4821 Eden Drive, N. W., Roanoke, Virginia 24012 Glenda J. Field, 4817 Eden Drive, N. W., Roanoke, Virginia 24012 John P. Spangler, 4811 Eden Drive, N. W., Roanoke, Virginia 24012 Donald E. Keaton, Sr., 4807 Eden Drive, N. W., Roanoke, Virginia 24012 Sara Coleman Whitlock and Jane Whitlock Horeis, 2715 10th Street, N. W., Apt. 11-202, Roanoke, Virginia 24012 Betty J. Richardson, 4728 Daleville Street, N. W., Roanoke~ Virginia 24012 Thomas and LyleMyers~4733 Pawling Street, N. W:, Roanoke, Virginia 2401 Juan Aguirre Lopez~472~ Eder~ Ddve, N, V~;, Roanoke, Virginia 24012 Christine B~-!~_~. ~.~4727 Dalevilfe Street~ N~ ~.Roanoke, Virgin!a 2,4,012. Thurston an~ Ne~ Moerna~728[Pawling,Stree~ I~V~,; RoanoKe, virgima Wiilard, I~ Cfa~'Directo~Rea[Estate, Valuat~°¢ ' Evelyn D. Dorse~;Z~nin~ Administrat~¢ Ronald~ William Steve~ Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt~opnlaw.com LAW OFFICES 0STERHOUDT. PRILLAMAN. NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLG 13012 ELECTRIC; ROAD, S.W. P. O. Box 20487 ROANOKE, VIRGINIA 34018- 0040 (540) o8o-oooo FAX (540) 772-0126 July 3, 2001 C-3 RECEIVED J U l ' 5 2001 MAYOE$ OFFICE SALEM. VIRGINIA P.O. Box 270 Hon. Ralph K. Smith, Mayor and Members of City Council 452 Municipal Building 215 W. Church Avenue, SW Roanoke, VA 24011 Re: Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract IH, Eden Park), from C-1, Commercial District to LM, Light Manufacturing Dear Mayor Smith and Members of Council: I represent Southside Development in its request to have property on Bean Street in the City of Roanoke rezoned in order to permit the development of a mini-warehouse facility on the subject property. The matter was heard before the Planning Commission at its July meeting and the Planning Commission unanimously recommended approval of this rezoning request. At the Planning Commission meeting, Mr. Rick Williams, President of the Williamson Road Action Forum, spoke on the matter. He indicated to the Planning Commission that the neighbors were not opposed to the rezoning request inasmuch as they felt that the proposed use was better than some other uses which had been proposed for the property. Mr. Williams then went on to indicate that he himself was opposed to the rezoning request. Following the public hearing, the Planning Commission unanimously voted to recommend approval. On July 2nd, Mary Parker, the City Clerk, contacted me and advised me that. she had sent the notice of public hearing for the City Council meeting to the newspaper. The newspaper later contacted Ms. Parker and advised her that, through its mistake, the advertisement for this public hearing on July 16th was not included in the newspaper. Ms. Parker then checked with City officials and found that it was too late to do anything for the July 16th meeting and contacted me and advised me of such fact. Thereafter, I talked with my client. My client indicated that they were under very severe time guidelines and constraints. As a result of the newspaper's mistake, the matter would, now, normally not be heard until the Council's meeting at 7:00 PM on August 20th. My client would respectfully request that Council make an exception to its normal policy Hon. Ralph I~. Smith, Mayor and Members of City Council Page 2 .July 3, 2001 and permit this matter to be advertised for public hearing at Council's 2:00 PM meeting on August 6, 2001. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb pc: Mr. Tom Nicholson, m 819 West Little Creek Road Norfolk, VA 23505 Mr. Rick Williams, President Williamson Road Action Forum 3725 Sunrise Avenue Roanoke, VA 24012 TO THE cITk/CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO REZONING REQUEST OF Southside Development C°.i 0n Bean Street, N.W., Official Tax) No. 2280601, from C-1 to LM, conditional ) AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 4th day of June, 2001, notices of a public hearing to be held on the 21st day of June, 2001, on the request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 2280203 2280204 2280205 2280206 2280207 Clarence and Verna Mitchell Timothy N. Musselwhite William R. and Rebecca D. Coupe Roy and Barbara Dent Lynwood and Yvetta Dent 2280208 Edith D. Alley 2280602 2280604 2280603 2280605 2280606 2280808 2280809 2280810 2280811 2280812 2280813 Trustees, Airlee Court Baptist Church City First Union National Bank Tacoma Inc. James and Virginia Axelsen William R. and Virginia O. France Glenda J. Field John P. Spangler Donald E. Keaton, Sr. Sara Coleman Whitlock Jane Whitlock Horeis 4824 Delray Street, NW Roanoke, VA 24012 3513Normandy Lane, #45 Roanoke, VA24018 4816 Delray Street, NW Roanoke, VA24012 4812 Delray Street, NW Roanoke, VA 24012 4808 Delray Street, NW Roanoke, VA 24012 4802 Delray Street, NW Roanoke, VA 24012 1312 Hershberger Road, NW Roanoke, VA 24012 1344 Hershberger Road, NW Roanoke, VA 24012 1406 iHershberger Road, NW Roanoke, VA 24017 4827 Eden Drive, NW Roanoke, VA 24012 4821 Eden Drive, NW Roanoke, VA 24012 4817 Eden Drive, NW Roanoke, VA 24012 4811 Eden Drive, NW Roanoke, VA 24012 4807 Eden Drive, NW Roanoke, VA 24012 2715 l0th Street, NW Apt. 11-202 Roanoke, VA 24012 2280913 Betty J. Richardson 4728 Daleville Street, NW Roanoke, VA 24012 2281401 Thomas and Lyle Myers 4733 Pawling Street, NW Roanoke, VA 24012 2280901 Juan Aguirre Lopez 4727 Eden Drive, NW Roanoke, VA 24012 2281512 Christine B. Decker 4727 Daleville Sreet, NW Roanoke, VA 24012 2281501 Thurston and Nellie Moomaw 4728 Pawling Street, NW Roanoke, VA 24012 Also sent to: Rick Williams, WRAF; Andy Friedman, WRAF; David Wood, WRAF; Delores Phillips, Exec. Director, WRABA; Ben Burch, Airlee Court Neigh. Watch Assoc. Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 4th day of June, 2001. Notary Public · My Commission expires: Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt~opnlaw.com L AW OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL ~ FERGUSON, PLC ~912 ELECTRIC t~OAD, S.W. P. O. Box 20487 '0'i ROANOKE, VIRGINIA 24018 -0049 (540) 989-0000 F~x (540) 772-0126 July 25, 2001 SALEM, VIRGINIA 241 ~13 P. O. Box 279 1o,5 N. (3OLORADO STREET (540) ~3lq9-~1349 Mary Parker, City Clerk 456 Mtmicipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Southside Development Co. -- Rezoning Bean Street (Tax Map No. 2280601) Dear Mary: Enclosed please find the fully executed Second Amended Petition to Rezone in the above matter. I apologize for the delay in getting this to you but it had to be circulated for signature. Attached to the Petition are the exhibits referenced therein. It is my understanding that this matter is set for City Council's agenda set for August 6th at 2:00 PM. Please advise if you need anything further. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosures pc: Mr. Tom Nicholson, III 819 West Little Creek Road Norfolk, VA 23505 p¢~ Ms. Martha Franklin Roanoke City Planning Department Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC ATTORN EYS-AT-LAw ROANOKE, VIRGINIA 24018-0049 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southside Development Co., a Virginia limited liability company, is the contract purchaser of land in the City of Roanoke containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W. (Tax Map No. 2280601), said tract being currently zoned C-l, Commercial District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned fi.om C-I, Commercial District to LM, Light Manufacturing District subject to certain proffered conditions for the purpose of construction of mini-warehouses on the subject property. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Bean Street, N.W. to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the development plan. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road fi'om the property F:\ofnak\Users\CBaumgardnerXZON1NG\Nicholson. Southside 2ND AMD PET.doc Page 1 of 4 OSTERHOUDT, PRILLAMAN, NATT, H£LSCHER, YOST, MAXWELL & F'ERGUSON, PLC ATTORN £YS-AT-LAw ROANOKE, VIRG)NIA :~4018-0049 to be rezoned. Attached as Exhibit "5" is the elevation plan prepared by G. M. Frech under date of June 15, 2001. The Petitioner voluntarily submits the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the development plan prepared by Caldwell White Associates, under date of May 1, 2001, attached hereto as Exhibit "2" and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be used solely for mini-warehouses. The mini- warehouse construction excluding any paved driveway or parking areas, shall not exceed 80,000 square feet. (c) The mini-warehouse structure, not including the gazebos identified in the two pages of plans labeled, "Bean Street Self-storage Facility, Roanoke, Virginia," dated June 15, 2001, and prepared by G. M. Frech ("Frech Plans"), and also identified in the development plan prepared by Caldwell White Associates, under date of May 1, 2001, shall not be more than eleven (11) feet, six (6) inches, in height at any time from the nearest grade as shown on the Frech Plans. The gazebos shall not be more than twenty-two (22) feet in height at any time from the nearest grade. (d) All construction traffic and permanent access will be limited to access through Bean Street. F:\ofnak\Users\CBaumgardner',ZONING\Nicholson_Southside 2ND AMD PET.doc Page 2 of 4 OSTERHOUDT, PRILLAI~AN, NATT, HELSCH[R, YOST, MAXWELL & FERGU$ON, PLC ATTORN EYS-AT-LAw ROANOKE, VIRGINIA 24018-0049 (e) The hours of operation will be 7:00 AM - 7:00 PM, seven days a week. Access to individual units outside the normal working hours shall be limited to permits issued by the Owner. (0 All heating, ventilation, and air-conditioning (HVAC) units shall be mounted on the ground within the mini-wamhouse. No HVAC unit shall be outside the mini-warehouse structure or on the roof. (g) Them shall be no lighting on the exterior portion of the mini-warehouse between the mini-warehouse and the adjoining residential properties. All lighting shall be within the mini-warehouse area and shall be by halogen lights below the top of the building level with all lights shining toward the interior of the mini-warehouse. (h) The roofs of the mini-warehouse structure, not including the roofs of the gazebos, shall be flat, with no peak, and shall be sloped inward to direct stormwater away from adjacent properties. (i) The facility, including the gazebos, shall be constructed in substantial conformity with the Frech Plans, attached hereto as Exhibit 5 (being those two pages of the Frech Plans, such plans being submitted and made a part of this petition. The exterior of the mini-warehouse structure which does not consist of a gazebo shall be split face block, three (3) feet high from the nearest grade, and all portions other than the split face block shall be a colored metal finish. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. F:\ofnak\Users\CBaumgardner\ZON1NG\Nicholson. Southside 2ND AMD PET.doc Page 3 of 4 OSTERHOU DT~ ~RILLAMAN, NATT, HELSCHER, YOST, ~JAXW£LL & F£R(~USON, PLC ATTORNEYS-AT-LAw EOANOKE, VIRGINIA ~4018-0049 Respectfully submitted this · day of .~.~ 'O[~ ,2001. / SOUTItSIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to the proffers set out above: Owner: CREATIVE Q~STRUCTION &~)EVELOPMENT CORPORATION Contract Purchaser: SOUTHSIDE DEVELOPMENT CO. BY ITS F:\ofnak\Users\CBaumgardnerXZONlNG\Nicholson.Southside 2ND AMD PET.doc Page 4 of 4 OST£RHOUDT, PRILLANAN, NATT, H£LSCHE:R, YOST, ~AXWELL & F[RGUSON, PLC ATTORN EY$-AT-LAw ROANOKE~ VIRGINIA 24018-0049 Respectfully submitted this day of ~"'o [',,,{0 ,2001. SOUTI-ISIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to the proffers set out above: Owner: CREATIVE CONSTRUCTION & DEVELOPMENT CORPORATION BY ITS Contract Purchaser: SOUTHSIDE DEVELOPMENT CO. F:\ofnak\Users\CBaumgardner\ZONlNG\Nicholson.Southside 2ND AMD PET.doc Page 4 of 4 J~ EXHI~i'IT i Description of 4.05 Acre Tract To be rezonccl Light Mmmf~turing S~u~c O~ Bc-~n Street, N.W. City of R~m~okc, VA BEGINNING at a point in the northerly right of way of Edinburgh Drivc, N.W., saki point being the northeasterly comer of Lot 17, Block 6, Section No. I Ede~ Park Suixtivision as recorded in thc Office of the Clerk of thc Cipcuit Court of Roanoke County, Virginia in P.B. 2 PG. 211; ~ leaving Edinburgh Drive and with the ;m,~,c'rly linc of Edch l'~,-k llubdivi~ion N 34*$3'0~"W 352.36 feet to a point;, Thence l~ving Eden Pm-k Subdivision and with thc southcrly linc of Tract II of Plat Showing Subdivision of Property of Creative Construction and D~vclopment Corporation as r,morded in M.B. I PO 313 in thc Office of thc Clerk of the Circuit Court of thc City of Roanoke, Virgin~ NS:5*07'00"E 149.32 f~t to a point in the westerly right of way of Bean Street, N.W.; Thcncc with the righ~ of way of Bean Strut, N.W. on a curve to the left whose radius is $0.00 feet, whose arc length is 135.54 feet md whos~ chord is N78*59'I6"E 97.69 feet to a point; Thcm~ leaving the right of way of Be, aa Street, N.W. and with the southerly line of Tract I oftbe aforesaid Plat for Cresfive Construction and Development Corporation (MB I PG 313) SSa*39'22"E 14.16 feet to a point; Thence continui~ with Tract I N55*Ii~'48"E 172.86 feet to a point; Thcncc continuing with Tract I N34*46'I2"W 100.23 to a point, saki point bging in the southerly linc of the property of Airlee Court ~ ~ (DB 1174 PG 43 & DB 875 PG 250); Theme with thc property of Airk~ Court BNxist Chun:h N69*06'IOE 18.00 fegt to a point; Thence contimfing with the property of Airlee Court Baptist Church N59'5 I'10"E :53.10 feet to I poim; Thence leaving tl~ property of Ah-lee Court BR~ist Church and with thc property of The City of Ro~moke, VA (DB 859 PG 204) $34'50'50"E 35.00 f~ to a point4 Thence contimii~ with the City of Roanokc prop~y N$:5*09'I0"E 3:5.00 feet to a point in the w~:~erly ling of the Frank W Bealun Subdivision m recorded in the Office Ofth~ Clerk of thc Circuit Court of Romoke County, Virginia in PB 2 PG 185; ~ leaving the City of Roanoke lnopcrty and with the w,~y line of thc Frmtr W. ~ Subdivision $34'46'12"E 360.58 feet to a point; ~ leaving the Fnmk W. Beahm Subdivision ami with ~h~ northly line of Lot I Block 7 Section No. 3 of Eden Pm'k Subdivision as recorded in PB I PO 89 in the Office of the Clerk of the Circuit Court of Roanoke Coumy, Virgin~ ami the northerly right of way of Edinburgh Drive, N.W. S$5'07'00"W 527.80 feet m the Point of Beginning, and bging all of Trot III Plat Showing the Subdivision of property of Crgative Consmictkm md I~velopment Coqxn-ation as recordgd in the Off~ of the Clerk of thc Circuit Court of the City of Roanoke, Virginia inMB 1 PG 313 and containing 4.05 acres. I~U~A. zx~Ut~,dz, ~L ! ~ LJLb Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 2280601 (22 parcels found.) 3,641,831 ~age I o~ 3 EXHIBIT 3,640,729 11,058,687 Map Width= 1,102' 11,059,789 Page generated on 4/23/01 1:27:36 PM Parcel IIowner IlInstr. No.k II^cres 2280202 215 CHURCHAV SWRM 250 00000000 0.186 ROANOKE, VA 24011 MITCHELL, CLARENCE E 2280203 MITCHELL, VERNA M 4824 DELRAY ST NW 00000000 0.176 ROANOKE, VA 24012 MUSSELWHITE, TIMOTHY N 2280204 3513 NORMANDY LN #45 16281068 0.176 ROANOKE, VA 24018 COUPE, WILLIAM R 2280205 COUPE, REBECCA D 4816 DELRAY ST NW 15660351 0.169 ROANOKE, VA 24012 DENT, ROY F 2280206 DENT, BARBARA S 4812 DELRAY ST NW 98005380 0.169 ROANOKE, VA 24012 DENT, LYNW'OOD M 2280207 DENT, YVETTA S 4808 DELRAY ST NW 00000000 0.187 ROANOKE, VA 24012 http ://wwxv.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 Page 2 of 3 - IIALLEY, EDITH D 2280208_ 4802 DELRAY ST NW 00010843 0.35 ROANOKE, VA 24012 IICREATtVE CONST & DEV CORP - 2280601 5720 WlLLIAMSON RD NW SUITE 111 14760844 4.048 [ROANOKE, VA 24012 FRS AL~EE COtmr BAPT cmmcH 228060211312 HERSHBERGER RD NW 00000000 0.524 IROANOKE, VA 24012 IICITY OF ROANOKE 2280603 [215 CHURCH IV SW RM 250 00000000 0.028 I ROANOKE, VA 24011 I TRS AIRLEE CT BAPT CHURCH 2280604 1312 HERSHBERGER RD NW 00000000 0.452 ROANOKE, VA 24012 IIFIRST UNION NATIONAL BANK 2280605111344 HERSHBERGER RD NW 99016485 1.36 IIROANOKE, VA 24012 IITACOMA INC 2280606 1406 HERSHBERGER RD NW 16300063 1.488 IROANOKE, VA 24017 AXELSEN, JAMES E 9?smsms~[[AXELSEN, VIRGINIA E ...... '~ 4827 EDEN DR NW 17181803 0.254 ROANOKE, VA 24012 IFRANCE, WILLIAM R 995msmol[FRANCE, VIRGINIA O ....... 14821 EDEN DR N-W 13360167 0.256 IROANOKE, VA 24012 IIFIELD, GLENDA J I 228081014817 EDEN DR NW 17100402 '0 255 IROANOKE, VA 24012 SPANGLER, JOHN P 2280811 4811 EDEN DR NW 17910860 0.255 IROANOKE, VA 24012 IIKEATON, DONALD ESR 2280812ll4807 EDEN DR NW 00005220 0.255 [IROANOKE, VA 24012 IlWmTcocr., SA~A COLEMAN ~ alIHOREIS, JANE WHITLOCK 228°8'"112715 TENTH ST NW APT 11-202 98005413 0.253 IIROANOKE, VA 24012 lime--soN, BETTY J 2280913 4728 DALEVILLE ST NW 17121375 0.154 ROANOKE, VA 24012 IIMYERS, THOMAS L II MYERS, LYLE B 228140 1114733 PAWLING ST NW' 0000000(10.166 [IROANOKE, VA 24012 http://www.webgis.net/scripts/esfimap.dll?name=RoacyPlus 1 & 4/23/01 vage _~ Ol .~ MAZEY, PAUL L 2281402 8190 HUNTER'S TL 00000000 0.168 ROANOKE, VA 24019 Location Map DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable For any damages, including loss of data, lost profits, business interruption, loss otbusiness information or other pecuniary loss that might arise from the use of this map or the information it contains. ' Map Data as off February 2001 Real Estate Data as off April 2001 Last Updated: Jul 23, 1999 Thank you for visiting the Roanoke City iPlus web site! Visit the Official Roanoke City Web Site! Please send your comments regarding this Web site to David Dearing, GIS Manager E-mail address: engineer~ci.roanoke.va, us Anderson & Associates home page http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NATT, EDWARD A., ATTY. PO BOX 20487 ROANOKE VA 24918 REFERENCE: 80068694 01714424 Bean 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 ~d/ day of Augu~t/~0~l./~it~/ss my hand and official seal~~_~__X~_~' , Notary Public My commission expires ._~//~x~-~__ PUBLZSHED ON: 07/20 07/27 NO'/1CE OF PUBUC HEARING Article %1! ~t* Chapter 36.1, ' (1979), m ~, ~ ~Ooun- oIl of ~ CIty of Roanoke will · clay, ~ 6, 2001, at 2:00 p.m., in Ute Coun~l Chamber In the Nc~ ¢. S.w., on I~e que~en of rezon.~ j®ct to o®rtaln proffered able for pul~i~ m In the 456, MunIcIpal Building. All partJes In Intm~t may appear ~ ~mu a~ a pef~o~' v/~th a d~s. ablllt~ who m~eds accommo(la. 2, 2001. ' GIV~J under my hm*~d Ud$17~ (1714424) TOTAL COST: 199.00 FILED ON: 08/02/01 Signature :_ _ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 6, 2001, at 2:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from C- 1, Office District, to LM, Light Manufacturing District, the following property: That parcel of land containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W., bearing Official Tax No. 2280601, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, August 2, 2001. GIVEN under my hand this 17 t~tay of Ju]_¥ ,2001. Mary F. Parker, City Clerk. H:'uNOTICE~NRez-South$ide Develop (PH 8-06-01) Publish in the Roanoke Times once on Friday, July 20, 2001, and once on Friday, July 27, 2001. Send Publisher's Affidavit to: Send Bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, P. O. Box 20487 Roanoke, Virginia 24018-0049 (540) 772-0126 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION "~ TO WHOM IT MAY CONCERN: '01 ,i~ ' ~1 :~ ~ ,!-, :24 The Roanoke City Planning Commission will hold a public hearing on Thursday, June 21,2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Southside Development Co., a Virginia limited liability company, represented by Edward A. Natt, attorney, that a tract of land containing 4.05 acres, more or less, designated as Official Tax No. 2280601, and located at the southeast terminus of Bean Street, N.W., be rezoned from C-1, Office District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning and Code Enforcement at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in.newspaper on Tuesday, June 5 and 12, 2001 Please Bill: Edward A. Natt, Esquire Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson P O Box 20487 Roanoke, VA 24018-0049 540 725 8180 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 4, 2001 File #51 D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on May 3, 2001, from Edward A. Natt, Attorney, representing Southside Development Company, requesting that a tract of land containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N. W., (Tract III, Eden Park), identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to certain proffered conditions. Mary F. Parker, CMC City Clerk MFP:ssh Enclosures H:\Rezoning 2001\Southside Devetop--E~ean St D. Kent Chrisman May 4, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 Willard N. Claytor, Director of Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:\Rezoning 2001\Southside Develop-Bean St OSTERHOUDT~ PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & F'ERGUSON, PLC ATTO R N EY$-AT-LAw ROANOKE~ VIRGINIA :~4018-0049 PETITION TO REZONE IN THE COUNCIL~ OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southside Development Co., a Virginia limited liability company, is the contract purchaser of land in the City of Roanoke containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W. (Tax Map No. 2280601), said tract being currently zoned C-I, Commercial District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-1, Commercial District to LM, Light Manufacturing District subject to certain proffered conditions for the purpose of construction of mini-warehouses on the subject property. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Bean Street, N.W. to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the development plan. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property F:\o fnak\Uscrs\CBaumgardner\ZON1NG\Nicholson-Southside PET.doc 1 OSTERHOU DT, PRILLANIAN, NATT, HELSCHER, YOST, NAXWE:LL & FE:RGUSON, PLC ATTO R N EYS-AT-LAw ROANOKE:, VIRGINIA 24018-0049 to be rezoned. The Petitioner voluntarily submits the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the development plan prepared by Caldwell White Associates, under date of May 1, 2001, attached hereto and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be used solely for mini-warehouses. The mini- warehouse construction shall not exceed 80,000 square feet. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ,,~A.,C~ day of ~/{~ ,2001. Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 SOUTHSIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL F:\ofnak\Users\CBaumgardner~ZON1NG\Nicholson-Southside PET.doc 2 OSTERHOU DT~ PRILLA~IAN, NATT, HELSCNER, YOST, MAXWELL & FERGUSON, PLC ATTORN EY$-AT-LAw ROANOKE, VIRGINIA 24018-0049 We agree to the proffers set out above: Owner: Contract Purchaser: SOUTHSIDE DEVELOPMENT CO. ITS F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside PET.doc 3 I "'~, ., -~ '~ ill ':Ill.[Iii , iliol I MAY-O?-2001 11:16 75~ P.02 EXHIBIT D~ril~ion of 4.05 Ao~ Tract To be re'toned Light Manufactm'ing Situate On Bean Street, N.W. City of Roanoke, VA BEGINNING at a point in the northerly fight of way of Edinburgh Drive, N.W., said point being the northeasterly corner of Lot 17, Blm:k 6, Section No. I Eden Park Subdivision ns rec, o~ in the Office of thc Clerk of the Circuit Court of Roanoke County, Virginia in P.B. 2 PG. 211; ~ leaving Edinburgh Drive and with the easterly line of Eden Park Subdivision N 34'53'00"W 352.36 feet lo a poim; Thm~ leaving Eden Park Sulxlivision and with th~ southerly line of Tract II of Plat Showing Subdivision of Property of Creative Constru~ and Development C~n as recorded in M.B. I PO 313 in the Office of the Clerk oftbe Circuit Court of the City of Roanoke, Virginia N55*07'00"E 149.32 feet to a point in the westerly right of way of Bean Street, N.W.; Thence with the right ofway of Bean Street, N.W. on a curve to the let~ whose radius is 50.00 feet, whose arc length is 135.54 feet and whose chord is N78*59'16"E 97.69 feet to a poim; Thenoe leaving the tight of way of Bean Street, N.W. and with the soulherly line of Trot I of the aforesaid Plat for Creative Construction and Development Corporation (MB I lag 313) S88*39'22'rE 14.16 feet to a point; Thence continuing with Tract I N55*I3'48"E 172.86 feet to a point; Thence continuing with Tract I N34*46'I2"W 100.23 to a point, saki point being in the southerly line of the property of Ah'lee Court Baptist Church (DB 1174 lag 43 & DB 878 PG 250); ~ with the property of Ah'lee Court Baptist Church N69*06'IOE 18.00 feet to a point; Thence continuing with the property of Airlee Court Baptist Church N59'5 I'I0"E 53.10 feet to a point; Tben~e leaving the property of Ah'lee Court Bat~ist Church and with the property of The City of Roanoke, VA (DB 859 PG 204} S34'50'50"E 35.00 feet to a point; Thence continui~ with the City of Roanoke property N55*09'10"E 35.00 feet to a point in the westerly line of the Frank W Bealun Subdivision as recorded in the Office Ofthe Clerk ofthe Circuit Court ofRoanoke Counly, Virginia in PR 2 lag 185; Thence leaving the City of Roanoke pmpe~y and with the westerly line of the Frank W. ]~eahm Subdivision S34'46'12"E 360.58 feet to a point; Thence leaving the Frank W. Beahm Subdivision and with the northerly line of Lot 1 Block 7 Section No. 3 of Eden Park Subdivision as recorded in PB 1 PC} 89 in the Offiee of the Clerk of the Circuit Court of Roanoke County, Virginia and the northerly right of way of Edinburgh Drive, N.W. S55'07'00"W 527.80 feet to the Point of Beginning, and being aH of Tract IH Plat Showing the Subdivision of property of Creative Construction and Development Coqxnation as t~orded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in MB 1 PG 313 and containing 4.05 acres. ROANOKE CITY GIS Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 2280601 (22 parcels found.) 3,641,831 Page 1 of 3 EXHIBIT 3,640,729 11,058,687 Map Width=l,102' 11,059,789 Page generated on 4/23/01 1:27:36 PM Parcel IIOwner IlInstr. No.k IIAcres[ CITY OF ROANOKE 2280202 215 CHURCH AV SW RM 250 000000013 0.186 ROANOKE, VA 24011 MITCHELL, CLARENCE E 2280203 MITCHELL, VERNA M 4824 DELRAY ST NW 000000013 0.176 ROANOKE, VA 24012 MUSSELWHITE, TIMOTHY N 2280204 3513 NORMANDY LN #45 16281068 0.176 ROANOKE, VA 24018 COUPE, WILLIAM R 2280205 COUPE, REBECCA D 4816 DELRAY ST NW 15660351 0.169 ROANOKE, VA 24012 DENT, ROY F 2280206 DENT, BARBARA S 4812 DELRAY ST NW 98005380 0.169 ROANOKE, VA 24012 DENT, LYNWOOD M 2280207 DENT, YVETTA S 4808 DELRAY ST NW 00000000 0.187 ROANOKE, VA 24012 http ://www.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 ROANOKE CITY GIS Page 2 of 3 ALLEY, EDITH D 2280208 4802 DELRAY ST NW 00010843 0.35 .ROANOKE, VA 24012 CREATIVE CONST & DEV CORP 2280601 5720 WlLLIAMSON RD NW SUITE 111 14760844 4.048 ROANOKE, VA 24012 I'RS AIRLEE COURT BAPT CHURCH 2280602 1312 HERSHBERGER RD NW 0000000(] 0.524 ROANOKE, VA 24012 CITY OF ROANOKE 2280603 215 CHURCH AV SW RM 250 00000000! 0.028 ROANOKE, VA 24011 /RS AIRLEE CT BAPT CHURCH 2280604 1312 HERSHBERGER RD NW 00000000 0.452 ROANOKE, VA 24012 FIRST UNION NATIONAL BANK 2280605 1344 HERSHBERGER RD NW 99016485 1.36 ROANOKE, VA 24012 TACOMA INC I 2280606 1406 HERSHBERGER RD NW 16300063 1.488~ ROANOKE, VA 24017 AXELSEN, JAMES E AXELSEN, VIRGINIA E 17181803 0.254 2280808 4827 EDEN DR NW ROANOKE, VA 24012 FRANCE, WILLIAM R 2280809 FRANCE, VIRGINIA O 13360167 0.256 4821 EDEN DR NW ROANOKE, VA 24012 FIELD, GLENDA J 228081(~ 4817 EDEN DR NW 17100402 D.255 ROANOKE, VA 24012 SPANGLER, JOHN P 2280811 4811 EDEN DR NW 17910860 D.255 ROANOKE, VA 24012 KEATON, DONALD ESR 2280812 4807 EDEN DR NW 00005220 0.255 ROANOKE, VA 24012 WHITLOCK, SARA COLEMAN 2280813 HOREIS, JANE WHITLOCK 98005413 0.253 -- 2715 TENTH ST NW APT 11-202 ROANOKE, VA 24012 RICHARDSON, BETTY J 2280913 4728 DALEVILLE ST NW 17121375 0.154 ROANOKE, VA 24012 MYERS, THOMAS L MYERS, LYLE B 00000000 0.166 2281401 4733 PAWLING ST NW ROANOKE, VA 24012 http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlusl& 4/23/01 ROANOKE CITY GIS Page 3 of 3 MAZEY, PAUL L 2281402 8190 HUNTER'S TL 00000000 0.168 ROANOKE, VA 24019 Location Map DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map Data as of: February 2001 Real Estate Data as of: April 2001 Last Updated: Jul 23, 1999 Thank you for visiting the Roanoke City iPlus web site! Visit the Official Roanoke City Web Site! Please send your comments regarding this Web site to David Dearing, GIS Manager E-mail address: engineer~ci.roanoke.va.us Anderson & Associates home page http ://www.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: ($40) 772-0126 E-mail: enaR~opnlaw.com LAw Orrtcss OSTERHOUDT, PRILLAMAN. N~TT, HELSCHER,' YOST, MAXWELL & FERGUSON. PLC 8012 ELEGTRIG ROAD, S;W. P. O. Box 20487 ROANOKE. ~'IR(;INIA 24018 - 00-}~.'$) (540) 98D-0000 F.~x (540) 772-o12o fi.lLl':M, '~' IIt(;IN1A May 3, 2001 HAND-DELIVERED Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Re: Rezoning request -- Southsidc Development Co. 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing Dear Evie: Enclosed is the original and one copy of Petition to Rezone with exhibits attached relating to the above matter for your office, along with our firm's check in the amount of $350.00. I would appreciate your seeing that this is filed. If you have any questions or need anything further, please contact me and I will get back with you when I return to my office on Tuesday. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosures pc~ Mary Parker, City Clerk Room 456, Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Mr. Tom Nicholson, III 819 West Little Creek Road Norfolk, VA 23505 Mr. Robert W. Bowers 5720 Williamson Road Roanoke, VA 24012 OSTERHOUDT, F~RILLANAN, NATT, HELSCHER, YOST, MAXWELL & F'ERGUSON, PLC ATTORN EYS-AT-LAw ROANOKE, VIRGINIA 240 ~ 8-0049 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of laud containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southside Development Co., a Virginia limited liability company, is the contract purchaser of land in the City of Roanoke containing 4.05 acres, more or less, situate at the southeast terminus of Bean Street, N.W. (Tax Map No. 2280601), said tract being currently zoned C-l, Commercial District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l, Commercial District to LM, Light Manufacturing District subject to certain proffered conditions for the purpose of construction of mini-warehouses on the subject property. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Bean Street, N.W. to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the development plan. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property F:\ofnak\Uscrs\CBaumgardner~ZONING\Nicholson-Southsidc PET.doc ! OSTERHOUDT, PRILLANAN, NATT, HELSCHER, YOST, MAXWELL & FERGU$ON, PLC ATTORN E¥S-AT-LAW ROANOKE, VIRGINIA 24018-0049 to be rezoned. The Petitioner voluntarily submits the following proffers to be included as a part of the That the property will be developed in substantial conformity with the development plan prepared by Caldwell White Associates, under date of May 1, 2001, attached hereto and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be used solely for mini-warehouses. The mini- warehouse construction shall not exceed 80,000 square feet. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. submitted this ,~/c,C~ day of ~1~_~ ,2001. Respectfully rezoning request: (a) SOUTHSIDE DEVELOPMENT CO., a Virginia limited liability company OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 F:\of~ak\Users\CBaumgardnerXZONINGXNicholson-Southside PET.doc 2 OSTERHOUnT, PRILLANAN, NATT, HELSCNER, YOST, ~AXW£~L & FrRGusoN, PLC ATTORN £YS-^r-L~w ROAROKE~ VIRGINIA 24015*0049 We agree to the proffers set out above: Owner: CREATIVE CO~S~rRUCTION & DEV?(O~MENT CORPORATION Contract Purchaser: SOUTHSIDE DEVELOPMENT CO. ITS F:\ofnak\Users\CBaumgardner~ZONING\Nicholson-Southside PET.doc 3 EXHIBIT-I Description of 4.05 Aer~ Tr~-'~ To be rezone! Ligh~ Mm~uf~turtn~ Situ~tc ~ B~ S~ N.W. C~y off,kc, VA BEGINNING at a point in the northerly righ~ of way of Edinburgh Drive, N.W., said point being the northzasterly comer of Lot 17, Block 6, Section No. I Eden Park Subdivision as recorded in thc Office of the Clerk of th~ Circuit Court of Roanoke County, Virginia in P.B. 2 PG. 211; 'l'lmace leaving Edinburgh Drive and with the easterly line of Eden Park Subdivision N 34'53'00"W 352.36 feet to a point; Thence leaving Eden Park Subdivision and with tl~ south~ly line of Tract fl of Plat Showtn~ Subdivision of Property of Creative Co~ and Development Corporation as r~orded in M.B. I PO 313 in the Office of the Clerk of the Circuit Court ofthe City of Roanoke, Virginia N55*07'00"E 149.32 f~-t to a point in the westerly right of way of Bean Street, N.W.; Theme with the right of why of Bean Strut. N.W. on a curve to the N78*59'16"E 97.69 feet to a point; Thenee leaving the right of way of Bean Street, N.W. and with tl~ southerly line of Tract I of the ~ Pi~t for Creative Construction and Dev~iopment Corporation (MB I PG 313) S811'39'22"E 14.16 f~-t to a point; Thence continuing with Tract I N55*I3'48"E 172.86 feet to a point; Theme oontinui~ with Tra~t I N34*46'I2"W 100.23 m a poim, said point being in ~e southn, ly line of the property of Airlee Court ~ Chumh (DB 1174 PG 43 & DB 878 PO 250); Thrum with tl~ property of Airbe Cou~t Bal~ist Chumh N69*06'IOE 18.00 fret to a point; Theme continuing with th~ pmpmy of Airlee Court Baptist Chu~h N59*51'I0"E 53.10 feet to a point; Them~ [eavtn~ the properly of Airlee Court Bai~ist Clnn~h and with the ~ of The City of Roanoke, VA (DB 859 PO 204) S34'50'50"E 35.00 ft~ to a point; Theme ~ with the CRy of Ro~mok¢ property N$$*09'I0"E 35.00 feet to a point in the w~sterly line oftke Frank W Bealun Subdivision as reoorded in the Off'we Of tim Ck"tk ofth~ Circuit Cou~ of Roanoke Courtly, Virginia in PB 2 PG 185; ~ leaving the CRy of Roanoke property and with th~ westedy line of ~he Frank W. beahm Subdivision S34'46'12"E 360.$8 fuet to a point; ~ i~aving the Frank W. Beahm Subdivision and with ~1~ northedy line of Lot I Block 7 Soetion No. 3 of Eden Park Subdivision as recorded in PB 1 PO ~9 tn the Offi~ of the Clerk of tho Circuit Court of Roanoke County, Virginia and th, nmOerly right of way of ~ Drive, N.W. S$5'07'00"W 527.80 fret to ti~ Point of ~ and being all of Trmt 11I Plat Showing tl~ Subdivision of property of Creative ConsUuction and Developmem Corporation as m~orded tn th~ Offiee of the Clerk of the Cirotit Court of the City of Roanoke, Virginia in MB 1 PO 313 and containing 4.05 acres. Page I of 3 Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 2280601 (22 parcels found.) 3,641,831 3,640,72~ 11,058,687 Map Width=l,102' 11,059,789 Page generated on 4/23/01 1:27:36 PM ?arcel IIowner IlInstr. No.k II^cresl CITY OF ROANOKE 2280202 215 CHURCH AV SW RM 250 00000000 0.186 ROANOKE, VA 24011 VIITCHELL, CLARENCE E MITCHELL, VERNA M 00000000 D. 176 2280203 4824 DELRAY ST NW ROANOKE, VA 24012 MUSSELWHHE, TIMOTHY N 2280204 3513 NORMANDY LN #45 16281068 0.176 ROANOKE, VA 24018 COUPE, WILLIAM R COUPE, REBECCA D 15660351 0.169 2280205 4816 DELRAY ST NW ROANOKE, VA 24012 DENT, ROY F DENT, BARBARA S 98005380 0.169 2280206 4812 DELRAY ST NW ROANOKE, VA 24012 DENT, LYNWOOD M DENT, YVETTA S 00000000 0. ! 87 2280207 4808 DELRAY ST NW ROANOKE, VA 24012 http ://www.webgis.netYscripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 Page 2 or'3 ALLEY, EDITH D 2280208 4802 DELRAY ST NW 00010843! 0.35 ROANOKE, VA 24012 CREATIVE CONST & DEV CORP 2280601 5720 WILLIAMSON RD NW SUITE 1 l 1 14760844 4.048 ROANOKE, VA 24012 ]7RS AIRLEE COURT BAPT CHURCH 2~280602 1312 HERSHBERGER RD NW 00000000 0.524 ROANOKE, VA 24012 CITY OF ROANOKE 2280603 215 CHURCH AV SW RM 250 00000000 0.028 ROANOKE, VA 24011 ]7RS AIRLEE CT BAPT CHURCH 2280604 1312 HERSHBERGER RD NW 00000000 0.452 ROANOKE, VA 24012 FIRST UNION NATIONAL BANK 2280605 1344 HERSHBERGER RD NW 99016485 1.36 ROANOKE, VA 24012 TACOMA INC 2280606 1406 HERSHBERGER RD NW 16300063 1.488 ROANOKE, VA 24017 AXELSEN, JAMES E 2280808 AXELSEN, VIRGINIA E 4827 EDEN DR NW 17181803 0.254 ROANOKE, VA 24012 FRANCE, WILLIAM R 2280809 FRANCE, VIRGINIA O 4821 EDEN DR NW 13360167 0.256 ROANOKE, VA 24012 FIELD, GLENDA 2280810 4817 EDEN DR NW 17100402 0.255 ROANOKE, VA 24012 SPANGLER, JOHN P 2280811 4811 EDEN DR NW 17910860 0.255 ROANOKE, VA 24012 KEATON, DONALD ESR 2280812 4807 EDEN DR NW 00005220 0.255 ROANOKE, VA 24012 WI-ffI'LOCK, SARA COLEMAN 2280813 HOREIS, JANE WHITLOCK 98005413 0.253 2715 TENTH ST NW APT 11-202 ROANOKE, VA 24012 RICHARDSON, BETTY J 2280913 4728 DALEVILLE ST NW 17121375 0.154 ROANOKE, VA 24012 MYERS, THOMAS L 2281401 MYERS, LYLE B 4733 PAWI.,ING ST NW 00000000 0.166 ROANOKE, VA 24012 http ://www.webgls.neffscnpts~ esnmap.dll?name=RoacyPlus 1 & 4/23/01 Page 3 of 3 IIMAZEY, PAUL L ~281402 8190 HUNTER'S TL .... ROANOKE, VA 24019 Location Map DISCLAIMER: The information contained on this page s NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages nc uding oss of data, lost profits, business interruption, loss of business information or other pecun ary loss that might arise from the use of this map or the information it contains. Map Data as of: February 2001 Real Estate Data as of: April 2001 Last Updated: Jul 23, 1999 Thank you for visiting the Roanoke City iPlus web site! Visit the Official Roanoke City Web Site! Please send your comments regarding this Web site to David Dearing, GIS Manager E-mail address: engineer~ci.roanoke.va.us Anderson & Associates home pa_g~ http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & 4/23/01 1054 OLD COUNTRY CLUB ROAD P.O. BOX 6340 ROANOKE, VIRGINIA 24017 PHONE (540) 342-7094 FAX (54O) 981-0699 FACSIMILE TRANSMITTAL DATE: 05/07/01 TO: City of Roanoke Clerk's Office ATTENTION: Stun Hannabas IN REFERENCE TO: Southside Development Co. Re=Zoning AT FAX NO.: 8.q~1145 FROM: Corbin White NUMBER OF SHEETS, INCLUDING THIS COVER: 2 DESCRIPTION: Legal Size "Development Plan", dated 05/01/01 Ms. Hannabas, This reduced plan is being provided at the request of Carol from Ed Natt's office. Please call me if you have questions. COPY TO: COPY SENT F'I,,I.. Carol (~ Ed Natt's fax'ed to 772-0126 MAY-O?-2001 11:15 9'5~ P.01 COUPE Minimum Open Space Ratio = 10% of Lot Ired {2~.8~, Provided) Minimum Building Line = 30' Minimum 5Ne Yard Setback = 0', Except Y/hen Abutt/nl A Residential District, Then 20' Setback Required Minimum Rear Yard Setback = 0', Except iYhen Abutt'rg A Residential District, Then 30' Required Maximum Height of Structure = 45' OENT DENT PARKING SCHEDULE Required Parking = I space / $00 sq. f:t. of General Office = 875 sq. ft. /300 = 3 spoces ,required Porking Provided '4 Stondord Spoces I Handicap-Only Spac?_ Totol Parking Provided = 5 Spoces $0' O' .70' 60' 1"= 50' GRAPHIC SCALE Designed: C.L lt~ite Oro~: C.L. I~ite Checked:_ Dot~'. ¥oy 01, 2001 Scole:_ I · - 30' Tox Porch: _ ~260601 Fietd Book: N/A DEVELOPMENT PLAN FOR SOU THSIDE DEVELOPMENT ,COMPANY SHO~N~ ~ ! II SITUATE BEAN STREET, N.i~. ~ z ~ - CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #166-373-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Ordinance No. 35485-080601 authorizing the proper City officials to enter into an Agreement of Lease between the City and the New Vista Montessori School, for use of a 7.2-acre portion of Official Tax No. 1570101, located at 3379 Colonial Avenue, S. W., for operation of an educational facility for children, for a one year period, at an annual rental of $6,000.00, commencing on September 1,2001, and terminating on August 31, 2002, with an option to renew on a year-to-year basis for four additional one-year terms, upon certain terms and conditions, and dispensing with the second reading of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a r~gular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk .MFP:mh Attachment pc: Jeffrey D. Krantz, Director, New Vista Montessori School, 3379 Colonial Avenue, S. W., Roanoke, Virginia 24018 Mrs. C. Richard Cranwell, 1911 Mountain View Road, Vinton, Virginia 24179 James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development H:XAgenda.O lXAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35485-080601. AN ORDINANCE authorizing the proper City officials to enter into an Agreement of Lease between the City and New Vista Montessori School, for use of a 7.2-acre portion of Official Tax No. 1570101, at 3379 Colonial Avenue, S. W., in the City, for the operation of an educational facility for children, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on August 6, 2001, 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 the proposed lease of City- owned property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate Agreement of Lease with New Vista Montessofi School, for the lease of a 7.2- acre portion of Official Tax No. 1570101, at 3379 Colonial Avenue, S. W., in the City, for the operation of an educational facility for children, for a one (1) year period, at an annual rental of $6,000.00, commencing on September 1,2001, and terminating on August 31,2002, with an option to renew on a year-to-year basis for four (4) additional one-year terms, upon H:LMEASURESq-lem~monteaorri such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated August 6, 2001. 2. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby, dispensed with. ATTEST: City Clerk. H:\MEASURES\l-leasemontesorn Office of the City Manager '01 August 6, 2001 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Lease of City Property (3379 Colonial Ave.) to New Vista Montessori School The New Vista Montessori School, a private not for profit 501 C(3) agency, has been established in Roanoke to provide quality education to pre-school and kindergarten age children using the Montessori philosophy. As you are aware the previous Montessori School, the Specific Reading and Learning Difficulties Association, recently canceled its lease effective September 1, 2001. The New Vista Montessori School has approached the City about leasing the property located at 3379 Colonial Avenue. The current assessed value of the property (7.2 acres; 8,000 sq. ft. building) is approximately $860,000. A 2001 Roanoke Office Market Report indicates the lease rates for office buildings in the Colonial Avenue area currently range from $7 to $17 per square foot. Recommendation: Following the public hearing, authorize the City Manager to execute a lease between the City of Roanoke and the New Vista Montessori School for a one year lease in the Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb :www. ci. raano ke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 amount of $6,000, with the right of the New Vista Montessori School to renew, with the concurrence of the City, for up to four additional one-year terms at an annual rental rate to be agreed upon at the time of renewal. Respectfully submitted, Darlene L. BurC'ham City Manager DLB:clw C; James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development #CM01-00178 hereinafter THIS AGREEMENT OF LEASE made and entered into this ~ day of ,2001, by and between the CITY OF ROANOKE, a municipal corporation, called "Lessor", and NEW VISTA MONTESSORI SCHOOL, a non-profit corporation existing under the laws of the Commonwealth of Virginia, hereinafter called "Lessee." " WlTNESSETH: ARTICLE I. LEASED PREMISES. Lessor, in consideration of the rents, covenants, and agreements hereinafter set forth, hereby leases, rents, lets and demises unto the Lessee, and Lessee hereby takes and hires on and subject to the terms, conditions, and covenants hereinafter set forth, all that certain building and parcel of land lying and being in the City of Roanoke, State of Virginia, and more particularly described on attached Exhibit A, which property is hereafter referred to as the "Leased Premises." The Lessor expressly reserves the right to enter, go upon and use such portion or portions of the Leased Premises as may be necessary for the purpose of the future widening of Colonial Avenue as it abuts the Leased Premises and as that certain 20- foot wide portion or stdp thereof is shown, marked "Reserved" on Plan No. 5472, attached as Exhibit A and to grant an access easement across the southeast corner of the Leased Premises to permit access to the proposed 2.8-acre parcel shown on Exhibit A; and the Lessor further reserves the dght to make such necessary cuts, fills or slopes on the Leased Premises as may be required for the aforesaid widening of Colonial Avenue or for the proper construction of an extension of Ogden Road, S.W., the proposed right-of-way of which is adjacent to the west line of the Leased Premises, and to do the same within the area of the referenced access easement. ARTICLE II. TERM. The term of this Lease shall be for a period of one (1) year, commencing on September 1,2001, and terminating August 31,2002, unless otherwise terminated or extended in accordance with the terms of this Lease. ARTICLE II1. RENEWAL OPTION. Upon expiration of the original term, and upon mutual agreement of the parties, this Lease may be renewed from year to year for up to an additional four (4) years if Lessee notifies Lessor in writing of its intention to renew at least ninety (90) days prior to the end of the odginal term. Such renewal term shall be on the terms and conditions herein specified with respect to the original term except that the annual rental dudng such renewal term shall be such amount as is agreed by the parties hereto. ARTICLE IV. RENT. Lessee covenants and agrees to pay to Lessor for and during the original term of this Lease, the annual rental of Six Thousand Dollars ($6,000.00). The ?ental amount shall be payable quarterly in equal installments beginning September 1, 2001, at the office of Billings and Collections of the City of Roanoke, or. at such other place or places as may be specified by the City. ARTICLE V. UTILITIES, MAINTENANCE AND UPKEEP. Lessee shall be responsible for payment of all utilities, maintenance, and upkeep on the Leased Premises dudng the term of the Lease and any renewals thereof. ARTICLE VI. USE OF PREMISES. Lessee shall use the Leased Premises exclusively for the construction, maintenance, and operation of an educational facility for the education of children, without discrimination based on race, color, creed, national origin, sex, or any other basis prohibited by law. ARTICLE VII. ALTERATIONS AND IMPROVEMENTS. With consent of the Lessor, the Lessee shall have the right to make any alterations or additions to the improvements or fixtures upon the Leased Premises, or any part thereof, or to erect additional improvements or fixtures on such premises, all of which may be done at any time and from time to time, provided that the same shall comply with and conform to all general ordinances and regulations of the City of Roanoke and to other regulatory agencies of the State of Virginia. In connection therewith, the Lessee shall pay all costs, expenses, and liabilities arising out of or in any way connected with such alterations, improvements or additions. ARTICLE VIII. TERMINATION OF LEASE. Upon any termination of this Lease, ownership and possession of all buildings and improvements located upon the Leased Premises as of such date of termination shall pass to and vest in the Lessor, free and clear of any liens and encumbrances, provided, however, that the Lessee may, within a reasonable time after such termination, remove any and all personal property belonging to the Lessee and removable fixtures installed by the Lessee, provided further that the Lessee shall repair any damage caused to the improvements on the Leased Premises by such removal. 3 ARTICLE IX. INSURANCE. Lessee agrees that it will protect, indemnify, and save harmless the City from the claims of all persons arising as the result of activities of the Lessee, its members, clients, employees, and agents in the Leased Premises and on the accompanying grounds, and that it will secure, maintain, pay for and keep in force, until the expiration of this Lease, commercial general liability insurance written on an occurrence basis of no less than $1,000,000 (One Million Dollars). Lessee shall name the City of Roanoke, its officers, employees, agents, representatives, and volunteers as additional insureds on such policy. Lessee shall provide the City Risk Manager with a copy of the insurance certificate pdor to the commencement of this Lease and at each renewal and' whenever such insurance is canceled or materially altered, and Lesse~'s insurer shall furnish additional insured endorsements to the City within thirty (30) days of commencement of this Lease. ARTICLE X. ~. In the event that the Lessee shall fail or neglect to make any payment of rent when due, or fail, neglect or refuse to do and perform any matter or thing herein agreed to be done and performed by it, and shall remain in default thereof for a pedod of thir~ (30) days after wdtten notice from Lessor calling attention to the same, Lessor may declare this Lease terminated and canceled and may take possession of the Leased Premises without prejudice to any other legal remedy it may have on account of such default. 4 ARTICLE Xl, BANKRUPTCY OR INSOLVENCY OF LESSEE. If any sale of Lessee's interest in the Leased Premises shall be made under execution or similar legal process, or if Lessee shall be adjudicated as a bankrupt or insolvent, and such adjudication shall not be vacated within ten (10) days or if a receivor or trustee shall be appointed for its business or property and such appointment shall not be vacated within (10) days or if a corporat.e reorganization of Lessee or an agreement with its creditors shall be approved by a Court under the Federal Bankruptcy Act, or if Lessee shall make an assignment for the benefit of creditors, or if in any other manner Lessee's interest under this Lease shall pass to another by operation of law, then in any of such events, Lessor may at its option, reenter the Leased Premises and take possession thereof and declare this Lease and the tenancy hereby created terminated. ARTICLE Xll. ASSIGNMENT. This Agreement of Lease and the covenants and condition herein contained shall enure to the benefit of and be binding upon the Lessor, its successors and assigns and shall be binding upon the Lessee, its successors and assigns, provided, however, this Lease shall not be sold, transferred or assigned in whole or in part by the Lessee and no part of the Leased Premises, nor the whole, may be subject by the Lessee to another without the prior written consent thereto of the Lessor, however, the Lessor's consent to assignment shall not be arbitrarily or unreasonably withheld. ARTICLE XlII. QUIET ENJOYMENT. Lessor hereby covenants and agrees that Lessee shall and may have quiet and peaceable possession and enjoyment of the Leased Premises for the term of this Lease, and any renewal thereof, without hindrance on the part of the Lessor, and Lessor shall warrant and defend Lessee in such quiet and peaceable use and possession against the claims of all persons claiming by, through, or under the Lessor. ARTICLE XlV. ENTIRE AGREEMENT. This Agreement expresses the entire understanding of all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or representation to the other party which is not expressly set forth in this Lease nor shall this Agreement be altered, modified, or discharged except as herein provided or by an agreement in wdting duly authorized and signed by each of the parties hereto. It is expressly agreed and understood between the parties that neither the Lease nor the Lessee's occupancy and use of publicly owned property shall be deemed to exempt Lessee from payment of any general tax, charge in lieu of tax or fee made or imposed by general ordinances of the City of Roanoke, upon the owners or occupants of property or upon persons, firms or corporations engaged in business, provided such tax, fee, charge, or charge in lieu of taxes be otherwise applicable to Lessee. ARTICLE XV. NOTICES. Any notice, request, or demand given or required to be given under this Lease shall, except as otherwise expressly provided herein, be in writing and shall be deemed to have.been given when mailed by United States Registered Mail, postage prepaid, to the other party at the address stated below or at the last changed address given by the party to be notified as hereinafter specified. To the Lessor by addressing the same to: The City Manager City of Roanoke 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 to the Lessee by addressing the same to: or by addressing same to the Registered Agent of Lessee for the purpose of service of proceSs as designated with the Clerk of the State Corporation Commission. Either party may, however, at any time change its address for notification purposes by mailing as herein provided a notice stating the change and setting forth the new address. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE By Darlene L. Burcham, City Manager ATTEST: NEW VISTA MONTESSORI SCHOOL Secretary President STATE OF VIRGINIA : : to-wit: OF : This the day of a Notary Public, foregoing instrument in the jurisdiction aforesaid. My Commission expires: ,2001, personally appeared before me, , and acknowledged the Notary Public 8 ~STATE OF VIRGINIA : to-wit: OF This the ~ day of a Notary Public, foregoing instrument in the jurisdiction aforesaid. My Commission expires: ,2001, personally appeared before me, , and acknowledged the Notary Public APPROVED AS TO FORM: City Attorney APPROVED AS TO EXECUTION: City Attomey The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01714414 Montessori Sch. 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~_-~/J~-,~-,Au~t/2901~/~it~ss my hand and official sea/<--~C~___~~m/~.- ...... Notary Public My c~mm~issi/on expire~ ~ ~/~ /c~O~)~" PUBLISHED ON: 07/29 Cod~ m' ~ (1~0), -- f(v the City of RMimim ~t (54O) 8~3-2~4~. C#~uml dudl hive #m opl~odu- ~0~ 0~ Mid W. ~onl for tNI heldnl, i~Nm) oqntlot the CRy Cled~l Ml~e ¢e~3-2~41), before- 12:00 Meq F. (2714424) TOTAL COST: 133.38 FILED ON: 08/02/01 Authorized Si g n a t u r e: ~L~_ _~'~-~_~ , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease City-owned property consisting of a 7.2-acre portion of Official Tax No. 1570101, located at 3379 Colonial Avenue, S. W.,in the City of Roanoke, to The New Vista Montessori School for an initial term of one year, with the option to extend the lease for up to four additional one-year terms. Pursuant to the requirements of§§ 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 6, 2001, commencing at 2:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 2, 2001. GIVEN under my hand this 17th day of July .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, July 29, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~.MISC~no-leasemontessori I C-1 REGULAR WEEKLY SESSION -- ROANOKE CITY COUNCIL July 2, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, July 2, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William White, Sr., William D. Bestpitch and Mayor Ralph K. Smith .................................... 5. ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt .................. 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; and Mary F. Parker, City Clerk. COUNCIL-COMMITTEES: A communication from Mayor Ralph K. Smith requesting that Council convene in Closed Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder moved that Council concur in the request of the Mayor to convene in Closed Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None .......................................................................................... 0. (Council Members Harris and Wyatt were absent.) COUNCIL-DIRECTOR OF FINANCE-CITY EMPLOYEES: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council convene in Closed Session to discuss personnel matters relating to evaluation of a Council-Appointed Officer and compensation for Council- Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder moved that Council concur in the request of Council Member Harris to convene in Closed Session to discuss personnel matters relating to evaluation of a Council-Appointed Officer and compensation for Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None ......................................................................................... 0. (Council Members Harris and Wyatt were absent.) COUNCIL-MUNICIPAL AUDITOR: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council convene in Closed Session to discuss the appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder moved that Council concur in the request of Council Member Harris to convene in Closed Session to discuss appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None ....................................................................................... 0. (Council Members Harris and Wyatt were absent.) At 12:17 p.m., the Mayor declared the meeting in recess for three Closed Sessions. At 1:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Smith presiding and all members of the Council in attendance, with the exception of Council Members Harris and Wyatt. COUNCIL: With respect to the Closed Meeting just concluded, Mr. White moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None .......................................................................................... 0. (Council Members Harris and Wyatt were absent.) COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the terms of office ofWillard N. Claytor, Read A. Lunsford, Bill Tanger, EdgarV. Wheeler, Dennis Tinsley, Kathy S. Hill, Lucian Y. Grove and E. L. Noell as members of the Flood Plain Committee expired on June 30, 2001; Mr. Claytor has declined to serve another term; and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Read A. Lunsford, Bill Tanger, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill, Lucian Y. Grove and E. L. Noell. There being no further nominations, Messrs. Lunsford, Tanger, Wheeler, Tinsley, Grove, Noell and Ms. Hill were reappointed as members of the Flood Plain Committee for terms ending June 30, 2002, by the following vote: FOR MESSRS. LUNSFORD, TANGER, WHEELER, TINSLEY, GROVE, NOELL AND MS. HILL: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................................................................ 5. (Council Members Harris and Wyatt were absent.) COMMITTEES-WAR MEMORIAL: The Mayor advised that the one year terms of office of Harold H. Worrell, Sr., Alfred C. Moore, Sloan H. Hoopes and Robert O. Gray as members of the War Memorial Committee expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Harold H. Worrell, Sr., Alfred C. Moore, Sloan H. Hoopes, and Robert O. Gray. There being no further nominations, Messrs. Worrell, Moore, Hoopes and Gray were reappointed as members of the War Memorial Committee for terms ending June 30, 2002, by the following vote: FOR MESSRS. WORRELL, MOORE, HOOPES AND GRAY: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-HUMAN RESOURCES: The Mayor advised that the one year terms of office of Frank W. Feather, Pam Kestner-Chappelear, Margaret C. Thompson, Evelyn F. Board, Cynthia S. Bryant and Glenn D. Radcliffe as members of the Human Services Committee expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Frank W. Feather, Pam Kestner- Chappelear, Margaret C. Thompson, Evelyn F. Board, Cynthia S. Bryant and Glenn D. Radcliffe. There being no further nominations, Ms. Kestner-Chappelear, Ms. Thompson, Ms. Board, Ms. Bryant and Messrs. Feather and Radcliffe were reappointed as members of the Human Services Committee for terms ending June 20, 2002, by the following vote: FOR MS. KESTNER-CHAPPELEAR, MS. THOMPSON, MS. BOARD, MS. BRYANT AND MESSRS. FEATHER AND RADCLIFFE: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ........................................................ 5. (Council Members Harris and Wyatt were absent.) COMMITTEES-CONVENTION AN D VISITORS BUREAU: The Mayor advised that the one year term of office of Sunny Shah as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors expired on June 30, 2001, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Sunny Shah. There being no further nominations, Mr. Shah was reappointed as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 2002, by the following vote: FOR MR. SHAH: Council Members Carder, Hudson, White, Bestpitch and MayorSmith ................................................................................................... 5. (Council Members Harris and Wyatt were absent.) COMMITTEES-PARKS AND RECREATION: The Mayor advised that the one year terms of office of Richard Clark, William Dandridge, Betty Field, Steven Higgs, Carl Kopitzke, Michael Loveman, E. C. Pace, III, and Eddie Wallace as members of the Mill Mountain Advisory Committee expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Richard Clark, William Dandridge, Betty Field, Steven Higgs, Carl Kopitzke, Michael Loveman, E. C. Pace, III, and Eddie Wallace. There being no further nominations, Messrs. Clark, Dandridge, Higgs, Kopitzke, Loveman, Pace, Wallace and Ms. Field were reappointed as members of the Mill Mountain Advisory Committee for terms ending June 30, 2002, by the following vote: FOR MS. FIELD, AND MESSRS. CLARK, DANDRIDGE, HIGGS, KOPITZKE, LOVEMAN, PACE, AND WALLACE: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith .............................................................................. 5. (Council Members Harris and Wyatt were absent.) COMMITTEES-SPECIAL EVENTS-CELEBRATIONS: The Mayor advised that the one year terms of office of Dorothy L. Bull, David W. Davis, III, Gloria Elliott, Wanda E. English, Cynthia D. Jennings, Sabrina T. Law, Rodney L. Lewis, Estelle H. McCadden, Sharon C. Metzler, H. Marie Muddiman, Amy W. Peck, Sherley E. Stuart and Kathy Wilson as members of the Special Events Committee expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Dorothy L. Bull, David W. Davis, III, Gloria Elliott, Wanda E. English, Cynthia D. Jennings, Sabrina T. Law, Rodney L. Lewis, Estelle H. McCadden, Sharon C. Metzler, H. Marie Muddiman, Amy W. Peck, Sherley E. Stuart, and Kathy Wilson. There being no further nominations, Ms. Bull, Mr. Davis, Ms. Elliott, Ms. English, Ms. Jennings, Ms. Law, Mr. Lewis, Ms. McCadden, Ms. Metzler, Ms. Muddiman, Ms. Peck, Mr. Stuart and Ms. Wilson were reappointed as members of the Special Events Committee for terms ending June 30, 2002, by the following vote: FOR MS. BULL, MR. DAVIS, MS. ELLIOTT, MS. ENGLISH, MS. JENNINGS, MS. LAW, MR. LEWIS, MS. MCCADDEN, MS. METZLER, MS. MUDDIMAN, MS. PECK, MR. STUART AND MS. WILSON: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................................. 5. (Council Members Harris and Wyatt were absent.) COMMITTEES-OATHS OF OFFICE-ARTS COMMISSION: The Mayor advised that the three year terms of office of Robert Humphreys, Mark C. McConnel and Will Trinkle as members of the Roanoke Arts Commission expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Robert Humphreys, Mark C. McConnel, and Will Trinkle. There being no further nominations, Messrs. Humphreys, McConnel, and Trinkle were reappointed as members of the Roanoke Arts Commission for terms ending June 30, 2004, by the following vote: FOR MESSRS HUMPHREYS, MCCONNEL AND TRINKLE: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the three year terms of office of Herbert D. McBride, Brenda L. McDaniel and B. Gayle Graves as members of the Roanoke Public Library Board expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Herbert D. McBride, Brenda L. McDaniel and B. Gayle Graves. There being no further nominations, Mr. McBride, Ms. McDaniel and Ms. Graves were reappointed as members of the Roanoke Public Library Board for terms ending June 30, 2004, by the following vote: FOR MR. MCBRIDE, MS. MCDANIEL AND MS. GRAVES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Mayor advised that the three year term of office of Brian M. Shepard as a City representative to the Roanoke Valley Greenway Commission expired on June 30, 2001, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Brian M. Shepard. There being no further nominations, Mr. Shepard was reappointed as a City representative to the Roanoke Valley Greenway Commission for a term ending June 30, 2004, by the following vote: FOR MR. SHEPARD: Council Members Carder, Hudson, White, Bestpitch and MayorSmith ................................................................................................... 5. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-PERSONNEL-CITY EMPLOYEES: The Mayor advised that the three year terms of office of William C. Holland and Stephen L. Jamison as members of the Personnel and Employment Practices Commission expired on June 30, 2001, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of William C. Holland and Stephen L. Jamison. There being no further nominations, Messrs. Holland and Jamison were reappointed as members of the Personnel and Employment Practices Commission for terms ending June 30, 2004, by the following vote: FOR MESSRS. HOLLAND AND JAMISON: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith .................................................................... 5. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there is a vacancy on the Board of Trustees, City of Roanoke Pension Plan, due to the resignation of Robert Tonkinson and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of William E. Skeen. There being no further nominations, Mr. Skeen was appointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2005, by the following vote: FOR MR. SKEEN: Council Members Carder, Hudson, White, Bestpitch and MayorSmith ............................................................................................... 5. (Council Members Harris and Wyatt were absent.) At 1:30 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke. At 2:00 p.m., on Monday, July 2, 2001, the regular meeting of Roanoke City Council reconvened in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Ralph K. Smith presiding, and the following members of Council in attendance. PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William White, Sr., William D. Bestpitch and Mayor Ralph K. Smith .................................... 5. ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt .................. 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Frances S. Stebbins, Christian Educator, St. Paul's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. PRESENTATIONS: DECEASED PERSONS: Mr. Carder offered the following resolution memorializing the late Lewis Gregory Leftwich, former Building Commissioner, for the City of Roanoke: (#35437-070201) A RESOLUTION memorializing the late Lewis Gregory Leftwich of Bedford County, Virginia. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35437-070201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) The Mayor presented a signed copy of the above referenced measure to Mr. and Mrs. Robert Leftwich, son and daughter-in-law of the late Mr. Leftwich, and expressed condolences on behalf of the citizens of the City of Roanoke and the Members of City Council. ACTS OF ACKNOWLEGEMENT: The Mayor welcomed the newly crowned Miss Virginia, Meghan Shandley, and presented herwith a Key to the City. PUBLIC HEARING: CITY PROPERTY-YMCA: Pursuant to instructions of Council, the City Clerk having advertised a public hearing for Monday, July 2, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on a proposal of the City of Roanoke to convey City-owned property located at 506 Church Avenue, S. W., and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, June 24, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A communication from the City Manager advising that the YMCA of Roanoke Valley, a non-profit organization, plans to construct a new 40,000 square feet Central Branch YMCA to be located at 5th Street and Luck Avenue; the facility is needed to accommodate its expanding number of programs and to replace its current outdated facility; construction of the new $6.5 million facility is scheduled to begin no later than June 1, 2002; and the YMCA has made a formal offer to the City to enter into a collaborative agreement for partnering on the development and use of the new facility. It was further advised that the agreement specifies that the City will provide a $2 million grant toward construction of the indoor aquatic facility; annual equal payments will be made to the YMCA over a period of ten years, with the first payment of $200,000.00 due by September 1, 2001; funding of the $200,000.00 for the fiscal year 2002 payment is available in Account No. 008-530-9757-9003, and funding for the annual payment of $200,000.00 for the remainder of the nine year commitment will be provided for annually during the budget adoption process; funding for operational support will not be requested; to facilitate construction, a real estate swap will occur between the City and the YMCA; the City will transfer title of Official Tax Nos. 1113419 and 1113418 (506 Church Avenue and the adjoining lot) to the YMCA; upon completion of construction of the new facility, the YMCA will transfer title of its current parking lot and facility, excluding the annex gymnasium, which adjoins the current Central Branch of the YMCA (425 Church Avenue), Official Tax Nos. 1011206, 1011209 and 1011210; and property received by the City may be valuable in addressing parking needs in the area. The City Manager recommended that she be authorized to execute an agreement to be approved as to form by the City Attorney and any other documents necessary to implement terms of the agreement. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: (#35438) AN ORDINANCE authorizing the City Manager to execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. ]0 (For full text of ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address the matter; whereupon, Fulton Calvin Johnson, Executive Director, YMCA of Roanoke Valley, Inc., and John Williamson, Member, Board of Directors, YMCA of Roanoke Valley, Inc., spoke in support of the proposal. No other persons wishing to be heard, Ordinance No. 35438, on its first reading, was adopted by the following vote: AYES: Council Members Carder, Hudson, White and Mayor Smith ...................................................................................... 4. NAYS: None ................................................................... 0. (Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA of Roanoke Valley, Inc.) (Council Members Harris and Wyatt were absent.) The Mayor declared the public hearing closed. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion; there would be no separate discussion of the items; and if discussion was desired, the item would be removed form the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, October 16, 2000 and Monday, June 18, 2001, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Hudson and adopted by the following vote: ]] AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) OATHS OF OFFICE-SCHOOLS-HOUSING/AUTHORITY- TRANSPORTATION SAFETY-TRAFFIC: The following reports of qualification were before Council: Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City School Board for terms commencing July 1, 2001 and ending June 30, 2004; Frank W. Feather as a member of the Fair Housing Board for a term ending March 31, 2004; and David A. Morgan for a term ending October 31, 2004, and Kenneth King, Jr., for a term ending October 31, 2002, as members of the City of Roanoke Transportation Safety Commission. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and MayorSmith .............................................................................. 5. NAYS: None ..................................................................... 0. (Council Members Harris and Wyatt were absent.) ZONING-HOSPITALS: A communication from the City Manager advising that the City of Roanoke owns approximately 29 acres of land fronting on Colonial Avenue, S. W., Official Tax No. 1570101; the only structures currently on the property are three City owned water tanks located near the rear of the property and a building currently leased by the Specific Reading and Learning Difficulties Association of Roanoke, commonly known as the Montessori School, located at 3379 Colonial Avenue; much of the acreage is excess property that is not required for water distribution services; and the subject property offers an opportunity for mixed-use development for planned residential and commercial development, was before Council. The City Manager further advised that on June 18, 2001, she received a communication from Carilion Health Systems, Inc., offering to purchase 2.8 acres of real estate identified by a metes and bounds description, within the 29 acre parcel of land, and fronting on Colonial Avenue; the property is currently zoned RS-2, Single Family Residential District; a C-1, Office District, zoning classification would be required for the proposed use; and the proposed use is consistent with other land uses surrounding the property. The City Manager recommended that she be authorized to file an application with the City Planning Commission requesting that the abovedescribed 2.8 acre parcel of land be rezoned from RS-2 to C-1. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-REFUSE COLLECTION: Mr. John H. Kennett, Jr., 373 Allison Avenue, S. W., appeared before Council and expressed opposition to curb side collection of refuse in those residential areas where alleys are available. He advised that instead of moving the collection of trash from alleys to the curb, trash collection should remain in the alleys in those areas where alleys exist; and the program of recycling will be much more successful because citizens will willingly place refuse collection containers and recycling materials in the alley instead of begrudgingly placing them on the street. He stated that the previous effort to recycle failed because of the reluctance of citizens to place recycling containers on the street. Mr. Kennett stated that since drafting his letter, he has been advised that his neighborhood will be exempt from alley collection; however he expressed concern with regard to compliance issues and advised that the proposed new procedure has not been adequately analyzed. He added that a public hearing was not held to receive citizen input, further study is needed before the new procedure is fully implemented, and employment of a compliance officer will cost the City additional money. (See communication on file in the City Clerk's Office.) Mr. Bestpitch called attention to numerous telephone calls from citizens who were concerned about the proposed changes and expressed further concern that Council not place itself in a position that cannot be changed, if necessary. He encouraged the City Manager to fully review the refuse collection process to determine if the new procedure is working. Mr. Hudson concurred in the remarks of Mr. Bestpitch. He requested a detailed report by the City Manager on proposed cost savings, whether the new program is working, who will be the responsible party for maintaining alleys, and how will refuse collection be addressed for those housing complexes that have eight to ten units, etc. He too requested that the City not place itself in a position that cannot be changed if it is determined that the new procedure is not working satisfactorily. The Mayor advised that he recently had an opportunity to observe the solid waste disposal process at the time that refuse is emptied from the refuse collection vehicles at the transportation station on Hollins Road en route to Smith Gap which was an educational experience. He requested the opportunity to participate in the process of refuse collection as the vehicle moves throughout the various City neighborhoods which will help him to understand problems, if any, that need to be addressed. ]4 Without objection by Council, the Mayor advised that the remarks of Mr. Kennett would be received and filed. PETITIONS AND COMMUNICATIONS: BONDS-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve a State Literary Fund Loan application for the Roanoke Academy for Mathematics and Science project, which will provide $5 million to fund part of the $11.5 million to replace the outdated 1940's facility designed as a junior high school with a new elementary school facility; and additional debt service for the schools in connection with the project will total $450,000.00, with debt service payments to commence in fiscal year 2003-04, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following resolution: (#35439-070201) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for replacing the outdated Roanoke Academy for Mathematics and Science facility with a new Roanoke Academy for Mathematics and Science facility. (For full text of resolution, see Resolution Book No. 64.) Mr. White moved the adoption of Resolution No. 35439-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. White offered the following resolution: (#35440-070201) A RESOLUTION authorizing the School Board for the City of Roanoke to expand funds for replacing the present school building at Roanoke Academy for Mathematics and Science with a new building and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of resolution, see Resolution Book No. 64.) Mr. White moved the adoption of Resolution No. 35440-070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. White advised that there is a well established budget process for funding operating and capital needs of the Roanoke City school system, and referred to recent newspaper articles regarding funding needs of the school system that have not proceeded through the routine budget process orwork sessions conducted by Council and the School Board. He suggested that the Mayor and/or the City Manager communicate to the appropriate school officials the importance of re- visiting the long standing budget process. Mr. Bestpitch reiterated Mr. White's concerns. He advised that School Board Trustees understand the ramifications associated with the shortage of local revenues and the need for tax restructuring in the Commonwealth of Virginia, and School Board members have a responsibility to educate citizens on the situation. He stated that a long term solution will require that School Boards and citizens across the Commonwealth of Virginia become more involved and more educated on the issue to insure that certain changes in tax structuring will take place to enable local governments to be in a better position to provide the necessary funds. Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools, advised that recent newspaper articles referred to by Council Member White were an outgrowth of a work session conducted by the School Board to discuss budget problems, the gist of which was that the School Board would identify potential problems and request a meeting with Council some time during the fall season. He stated that in preparing the capital plan, the School Board recognized, given the current state of finances, that there will be certain budget problems in the future, therefor, a communication was forwarded to Council identifying certain problems. He advised that the School Board has communicated financial issues to Council in preparation of a mutual discussion of specific funding issues during the fiscal year budget process. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE ITEMS RECOMMENDED FOR ACTION: BUDGET-REFUSE COLLECTION: The City Manager submitted a communication advising that presently, the Solid Waste Management Division is responsible for payment of landfill tipping fees incurred by other City departments; and the current arrangement allows those other departments to dispose of waste for which tipping fees are billed to Solid Waste Management which creates a challenge for Solid Waste Management with respect to management of its annual operating budget. It was further advised that funding presently allocated to Solid Waste Management for tipping fees can be transferred to other departments for payment of tipping fees incurred by those departments, specifically Streets and Traffic and Parks and Grounds, and this procedure will be established in future budgets prior to recommendation to Council. The City Manager recommended that Council authorize transfer of $187,229.00 from Solid Waste Management to Streets and Traffic and $104,247.00 from Solid Waste Management to Parks and Grounds for tipping fee expenses to be incurred in fiscal year 2001-02. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: .]7 (#35441-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35441-070201. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-DISABILITY SERVICES BOARD: The City Manager submitted a communication advising that the Fifth District Disability Services Board is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: Cities of Roanoke, Salem, Covington, Clifton Forge; Counties of Roanoke, Craig, Botetourt, and Allegheny, and the Town of Vinton; and other members of the Disability Services Board include representatives from business and consumers. It was further advised that Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995; and the State Department of Rehabilitative Services has allocated funds, in the amount of $29,600.00, for a two-year period to continue local staff support of administration of the Fifth District Disability Services Board. The City Manager recommended that she be authorized to enter into a contract, to be approved as to form by the City Attorney, with existing Disability Services Board staff support to continue providing local administrative support; and that Council appropriate $29,600.00 to a grant fund account, with a corresponding revenue estimate to be established by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency ordinance: (#35442-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-02 Grant Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35442- 070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. Bestpitch offered the following resolution: (#35443-070201) A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board ("FDDSB") to provide continuing local administrative staff support; upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 64.) Mr. Bestpitch moved the adoption of Resolution No. 35443- 070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-YOUTH-HUMAN SERVICES-EQUIPMENT: The City Manager submitted a communication advising that the Comprehensive Services Act Program serves 570 to 600 youth and families each fiscal year with a budget of $8,400,000.00, which program was enacted by the General Assembly in 1993 and has operated with a manual paper process for tracking funds and client placements. It was further advised that the City Auditor's report dated December, 2000 recommended that a computer based system be implemented to assist in the monitoring of expenditures and client services; and a team of City staff reviewed the CSA computer system at two of 22 jurisdictions that have implemented an electronic network, and all jurisdictions utilize the same system. The City Manager recommended that she be authorized to enter into an agreement with Harmony Information Systems, Inc., to be approved as to form by the City Attorney, for a CSA computer based network and that Council appropriate $100,000.00 from the fiscal year 2000-01 Capital Maintenance and Equipment Replacement Program to a project account to be established by the Director of Finance in the Department of Technology Fund to purchase hardware, software, training and maintenance for the system. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35444-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-02 General and Department of Technology Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35444-070201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. Carder offered the following resolution: (#35445-070201) A RESOLUTION authorizing the implementation of a computer-based system to assist in the provision of services under the Comprehensive Services Act Program, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35445-070201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-CIVIC CENTER: The City Manager submitted a communication advising that at its May 7, 2001 meeting, Council authorized the City Manager to enter into a license agreement between the City of Roanoke and Arena Ventures, LLC, for use of the Civic Center Coliseum and related facilities to provide a number of National Basketball Development League basketball games and a certain number of events produced by SFX Concerts, Inc., in the Coliseum over a five year period; and Council further authorized certain financial arrangements in connection with the license agreement. It was further advised that revenues and expenses associated with the license agreement need to be included in the fiscal year 2001- 02 operating budget as a part of the Civic Facilities budget; additional revenues derived from the license agreement will more than offset expenses, with net revenues designated to pay debt service for capital improvements associated with the license agreement; and additional full time positions which are needed to provide for operation of the added events include: general supervisor, trades helper, inventory control clerk, event staff supervisor and assistant concessions supervisor. The City Manager recommended that Council appropriate revenues and expenses, as more fully set forth on Attachment 1 to the report, and authorize five new positions in the Civic Facilities Fund. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#35456-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-02 Civic Center Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35446-070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City Manager submitted a communication advising that the Fifth District Employment and Training Consortium administers the Federally funded Workforce Investment Act for the region, which encompasses the Counties of Allegheny, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Covington, Roanoke and Salem; and funding is for the following two primary client populations: Dislocated workers who have been laid off from employment through no fault of their own; and Economically disadvantaged individuals, as determined by household income guidelines set by the United States Department of Labor. It was further advised that the City of Roanoke is the grant recipient and fiscal agent for Consortium funding, thus, Council must appropriate funds for all grants and other monies received by the Fifth District Employment and Training Consortium; the State office of the Virginia Employment Commission has sent the Consortium notice of Workforce Investment Act allocations for Program Year 2001-02 for Title I grants in the amounts of $411,593.00 (adult), $507,737.00 (youth) and $402,314.00 (dislocated worker); member jurisdictions of the Fifth District Employment and Training Consortium contribute funds to offset the agency's administrative costs; and the City of Salem has sent a contribution of $5,985.00 for fiscal year 2001. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totaling $1,327,629.00 and increase the revenue estimate by $1,327,629.00 in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35447-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-02 Consortium Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35447-070201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-GRANTS: The City Manager withdrew a communication with regard to acceptance of 2001-02 Community Development Block Grant funding, inasmuch as the item is reported elsewhere on the agenda. DOWNTOWN ROANOKE, INC: The City Manager submitted a communication advising that in 1986, the City established the Downtown Service District; subsequently, an agreement was entered into between the City and Downtown Roanoke, Inc., to provide the net revenue generated from the Downtown Service District to DRI, less the City's direct costs, in order to provide promotional services within the downtown district; the first agreement was for a one year term from July 1, 1987, that would be automatically extended on a year to year basis for up to five years; the agreement was amended to provide for further annual extensions until June 30, 2001; and an agreement, substantially similar to the agreement that has been in effect since 1987 has been negotiated with Downtown Roanoke, Inc. It was further advised that promoting and developing downtown continues to be a priority of Council and other civic leaders; and the services provided by Downtown Roanoke, Inc., over the past several years have enhanced downtown businesses and the livability of the City. The City Manager recommended that she be authorized to execute a Downtown Service District Services Agreement between the City of Roanoke and Downtown Roanoke, Inc., for a period of five years, from July 1, 2001, through June 30, 2006, with such agreement to be approved as to form, by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35448-070201) A RESOLUTION authorizing the execution of a Downtown Service District Services Agreement between the City of Roanoke, Virginia, and Downtown Roanoke, Inc., (DRI), that will provide for DRI to undertake certain activities within the Downtown Service District of the City; and authorizing the City Manager to take such further action as is necessary to implement and administer the terms of such Agreement. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35448-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) BUDGET-PARKS AND RECREATION-LEASES: The City Manager submitted a communication advising that the Parks and Recreation Department operates eight weeks of Outdoor Adventure Summer camps and other recreation programs, and transportation to remote outdoor sites is a necessity for the camp; the Parks and Recreation Department van, used to transport program participants, was retired by Fleet Management due to prohibitive costs in making repairs and a replacement van will be purchased in next year's budget; and in order to provide transportation for this summer's camps and other programs, the City has negotiated with Dominion Dodge to lease a 15 passenger van for the eight week period of July 6, 2001 through August 31, 2001, at $100.00 per week. It was further advised that the $100.00 per week for eight weeks price negotiated with Dominion Dodge is significantly lower than the usual rate of $800.00 per week; funding for the vehicle will be recovered by camp fees paid by participants; and when the City of Roanoke executes the lease, it will indemnify Dominion Dodge and list Dominion Dodge on the City's auto insurance. The City Manager recommended that she be authorized to execute a lease agreement with Dominion Dodge, Inc., such agreement to be approved as to form by the City Attorney, for a 15 passenger van for eight weeks at $100.00 per week, with the City to pay for fuel and minor repairs, if needed. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch offered the following resolution: (#35449-070201) A RESOLUTION authorizing the lease of one 15- passenger van from Dominion Dodge, Inc., for use by the Parks and Recreation Department in the Outdoor Adventure Summer Camp program for a period of eight weeks, upon certain terms and conditions. Mr. Bestpitch moved the adoption of Resolution No. 35449- 070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. Hudson expressed concern with regard to safety issues, especially in view of recent news reports relating to a safety hazard in connection with this particular size van. The City Manager called attention to the need to replace a van on a permanent basis within the City's fleet of vehicles, and information reported by the news media regarding safety issues will be taken into consideration at the appropriate time. Mr. White requested a response by the City Manager with regard to the need to purchase a van on a permanent basis as opposed to leasing a van during the summer months when usage is higher. Mr. Bestpitch stated that operator training is the most important safety factor and any person driving the vehicle should receive specific instruction with regard to vehicle operation. He suggested that the City express its appreciation to officials of Dominion Dodge for leasing the van at $100.00 per week for eight weeks as opposed to $800.00 per week which is the usual weekly lease fee. BRIDGES-CONSULTANTS REPORTS: The City Manager submitted a communication advising that the 1978 Surface Transportation Act enacted by Congress requires that all bridges, including off Federal Aid System structures, must be included in the bi- annual inspection program; supplementary bridge inspection reports are required on 62 structures in the City of Roanoke this year, along with the inspection of one parking structure; on June 7, 1999, Council authorized agreements for consultant services for three years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., to conduct the above referenced inspection services for the period which includes fiscal year 2001-02; and approval by Council is requested to authorize execution of amendments to the agreements as follows: Agreement with Hayes, Seay, Mattern & Mattern, Inc. 2001 Bridge Inspection: $ 55,000.00 30 bridges I tunnel (underpass) Agreement with Mattern & Craig, Inc. 2001 Bridge Inspection: 32 bridges Century Station Parking Garage 67,900.00 Total $122,900.00 The City Manager recommended that she be authorized to execute Amendment No. 2 to each of the agreements for consultant services with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., in the amounts of $55,000.00 and $67,900.00, respectively, for the above described inspection services. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35450-070201) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the inspection of 30 bridges and I tunnel (underpass). (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35450-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: 27 AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. Carder offered the following resolution: (#35451-070201) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for additional engineering services for the inspection of 32 bridges and the Century Station Parking Garage. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35451-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) DIRECTOR OF FINANCE: BUDGET-BONDS: The Director of Finance submitted a written report advising that as the City issues general obligation bonds throughout the years, portions of the funding derived from bond issues are allocated to neighborhood storm drain projects; and in recent bond issues, funding has been dedicated to storm drains, as follows: $7,600,000.00 from the bond issue Series 1992A $1,600,000.00 from the bond issue Series 1996A $315,000.00 from the bond issue Series 1997A $2,285,000.00 from the bond issue Sedes 1999A It was further advised that in order to meet the goal of fully utilizing some of the bond funding from older bond issues, it is recommended that bond funding be shifted between some of the storm drain projects by bond issue, which will not change the funding to any of the projects in total, nor will it change the total storm drain project funding to be undertaken by the City; the change facilitates record keeping requirements and has a positive impact on the City's arbitrage rebate requirements as it pertains to the oldest bond issue; and specific projects and funding involved are as follows: Impact on Impact on Impact on Project 1999 Bonds 1996 Bonds 1992 Bonds Peters Creek Land Acquisition 46,636 207,639 (254,271) Storm Water Model Maintenance - 19,220 (19,220) Forest Park Drainage Project - 19,629 (19,629) Miscellaneous Storm Drains Phase 2 - 30,591 (30,691) Garden City Phase 3 (46,636) 46,636 Miscellaneous Drainage Projects 146,531 Summit Hills Drainage Project 130,544 TOTAL . (146,531) (130,944) The Director of Finance recommended that Council authorize transfer of storm drain funding between 1992, 1996 and 1999 bond issues. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35452-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-02 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35452-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) Mr. Bestpitch offered the following resolution: (#35453-070201) A RESOLUTION of the City Council of the City of Roanoke, Virginia, reallocating certain proceeds of its general obligation public improvement bonds, series 1992A, of its general obligation public improvement bonds, series 1996A, and of its general obligation public improvements bonds, series 1999A. (For full text of resolution, see Resolution Book No. 64.) Mr. Bestpitch moved the adoption of Resolution No. 35453- 070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of May, 2001. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE UNFINISHED BUSINESS: NONE INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-GRANTS: Ordinance No. 35406, on second reading, amending and reordaining certain sections of the 2001-02 Grant Fund Appropriations, providing for appropriation of Community Development Block Grant program funds from the United States Department of Housing and Urban Development, having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#35406-070201) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35406-070201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Hudson, White and Mayor Smith ...................................................................................... 4. NAYS: None ...................................................................... 0. (Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA of Roanoke Valley, Inc., which is one of the organizations proposed for funding.) (Council Members Harris and Wyatt were absent.) STREETS AND ALLEYS: Ordinance No. 35431, on second reading, permanently vacating, discontinuing and closing that certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 blocks of Crystal Springs and Richelieu Avenues, S. W., having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#35431-070201) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35431-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) STREETS AND ALLEYS: Ordinance No. 35432, on second reading, vacating, discontinuing and closing that certain 15 foot wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NWl on the west and former Lot 11, Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N. W. (at a point 60 feet west of Jefferson Street, N. W.) northward for a distance of 187.9 feet to Centre Avenue, having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#35432-070201) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35432-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ..................................................................... -0. (Council Members Harris and Wyatt were absent.) ZONING: Ordinance No. 35433, on second reading, rezoning that tract of land containing 10.235 acres, more or less, lying on the south side of Melrose Avenue, N, W., and the west side of Twenty-fourth Street, commonly known as the W. B. Clements, Inc., property, Official Tax No. 2420205, from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain proffers contained in the First Amended Petition for rezoning filed in the City Clerk's Office on May 17, 2001, having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#35433-070201) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 242, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35433-070201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ..................................................................... 0. (Council Members Harris and Wyatt were absent.) CITY PROPERTY-INDUSTRIES: Ordinance No. 35435, on second reading, providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, to Blue Hills Golf Corporation and to Anderson Wade Douthat, et. al., having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#35435-070201) AN ORDINANCE providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 sq. ft.) and to Anderson Wade Douthat, et. al., (containing approximately 12,000 sq. ft.), upon certain terms and conditions. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35435-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) STREETS AND ALLEYS: Ordinance No. 35436, on second reading, permanently vacating, discontinuing and closing that certain 18 foot public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, S. E., and Official Tax No. 4010209, having previously been before the Council for its first reading on Monday, June 18, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#35436-070201) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35436-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) COUNCIL: Mr. Carder offered the following resolution establishing a meeting schedule for City Council for the fiscal year commencing July 1, 2001, and terminating June 30, 2002: (#35454-070201) A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2001, and terminating June 30, 2002. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35454-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Carder offered the following resolution providing that the regular meeting of Council scheduled to be held at 2:00 p.m. and 7:00 p.m. on Monday, October 15, 2001, shall be held at 2:00 p.m., and 7:00 p.m. on Thursday, October 18, 2001, due to the Virginia Municipal League Annual Conference scheduled to be held on October 14-16, 2001, in Virginia Beach, Virginia: (#35455-070201) A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 2:00 p.m. and 7:00 p.m., on Monday, October 15, 2001, shall be held at 2:00 p.m. and 7:00 p.m. on Thursday, October 18, 2001. (For full text of resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35455-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Harris and Wyatt were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY MANAGER-CITY ATTORNEY-DIRECTOR OF FINANCE- MUNICIPAL AUDITOR-REAL ESTATE VALUATION-BUDGET: Mr. White offered the following emergency ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, City Clerk, Municipal Auditor and Director of Real Estate Valuation for the fiscal year 2001-02, retroactive to July 1, 2001: (#35456-070201) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2001; and providing for an emergency and an effective date. (For full test of ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35456-070201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor Smith ............................................................................. 5. NAYS: None ...................................................................... 0. (Council Members Harris and Wyatt were absent.) COMMUNITY PLANNING: Council Member Bestpitch encouraged citizens to obtain a copy of the draft 2001 Comprehensive Plan for review and comment. COUNCIL: The Mayor advised that July 1, 2001, marked the anniversary of his first year as Mayor of the City of Roanoke, and expressed appreciation for the support he has received during his first year in office. OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time as a priority for citizens to be heard; matters requiring referral to the City Manager will be referred, without objection by Council, for response, report and recommendation to Council. COUNCIL: The Members of Council welcomed the return of Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., to the Council meeting. (Ms. Bethel, an ardent follower of City Council meetings, was ill for an extended period of time.) Ms. Bethel advised that while she was recuperating at home, she watched Council proceedings on RVTV-Channel 3. She stated that watching Council proceedings on television provides a different perspective and encouraged those persons who have not viewed the proceedings to do so and to be critical of their actions with an eye toward improvements. She also suggested that citizens watch the proceedings to see how their actions can be improved. There being no further business, at 3:30 p.m., the Mayor declared the Council meeting in recess until Thursday, July 12, 2001, at 12:00 noon, for the Third Leadership Summit on the Virginia Dare Cruise Ship, Airport Road, Moneta, Virginia, to be hosted by Bedford County. The regular meeting of Roanoke City Council which convened on Monday, July 2, 2001, and was declared in recess until Thursday, July 12, 2001, reconvened at 12:00 noon on the Virginia Dare Cruise Ship, Route 608, Airport Road, Route 853, Southern Bedford County, with Mayor Ralph K. Smith presiding. PRESENT: Council Members William D. Bestpitch, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith ............................................ 3. ABSENT: Council Members William H. Carder, C. Nelson Harris, William White, Sr., and Linda F. Wyatt ............................................ -4. OFFICERS PRESENT: Rolanda Johnson, Assistant City Manager for Community Development; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. LEADERSHIP SUMMIT: The purpose of the meeting was to conduct the Third Roanoke Valley Regional Leadership Summit which was hosted by Bedford County. 37 On behalf of Bedford County, Kirby E. Richardson, Vice-Chair, Bedford County Board of Supervisors, extended greetings. The invocation was delivered by H. Odell "Fuzzy" Minnix, Chair, Roanoke County Board of Supervisors. Following lunch, the business session convened at 1:15 p.m. Vice-Chair Richardson welcomed Delegate A. Victor Thomas and his legislative aid Brian Shepherd; Jennifer Faulker representing Congressman Bob Goodlatte; Clara Crouch representing Delegate Clifton A. Woodrum, III; and Allison Baird representing Senator John S. Edwards. Nanci Drake, Tourism Developer for Bedford County, advised that tourism initiatives can be better accomplished by all Roanoke Valley governments working together in partnership. She congratulated Bedford City and Bedford County upon forming a new department, the Department of Tourism, and by pooling resources, the two localities realized that they could accomplish a great deal. Susan Gilbert, Coordinator of Economic Development, Bedford County, advised that Bedford County is relatively new to economic development; however, the locality has enjoyed recent successes, with the anticipation of future success. She called attention to the growth of Bedford County since the mid 1970's, much of which is residential growth which requires more services for the County's 60,000 citizens; therefore, in the early 1990's, the Board of Supervisors determined that it was time for Bedford County to get on the "economic development wagon". She reviewed successes including: a 151 acre park on the eastern side of Bedford County; a decision to direct economic development efforts along the Route 460 Corridor with a concentration of activity to the east of Bedford County, in the middle and to the west; a joint venture with the City of Bedford which evolved into a revenue sharing agreement between the two jurisdictions that has proven to be successful by jointly developing a 100 acre commerce park inside the City limits, and four revenue sharing areas as a part of the same agreement which are located in Bedford County, with Bedford City providing water and sewer services, and revenue is shared on a 50 - 50 basis; the first commercial venture was dedicated on June 20, 2001, with the opening of the new Wal-Mart Super Store on Route 460 East; bids were received on a small development in the Montvale community of approximately 45 acres, along with a 20 acre commercial venture; and in-depth discussions will take place with the Public Service Authority, the Industrial Development Authority and the Board of Supervisors to coordinate zoning and utility efforts as new parks are developed on the western side of Bedford County. William C. Rolfe, County Administrator, Bedford County, called attention to an approximate 30 per cent increase in population in Bedford County in each of the last three decades, with the growth rate expected to continue to rise in the future, and in 30 years, Bedford County has the potential to have a population of 137,000 citizens. He stated that County staff is working on a master comprehensive plan update and in terms of residential development, it has been determined that if water and sewer services are available, Bedford County could accommodate, without the rezoning of another piece of property, 500,000 additional homes. He added that with 30 per cent growth per decade and three per cent growth per year, Bedford County must look at future needs to insure that growth takes place in those areas that the County can accommodate. Mr. Rolfe encouraged the localities to compile information on teacher salaries; i.e.: total salary per annum over a 20 year period compared with other localities comparable in size. He advised that over the past six months, all localities represented on the Leadership Summit have been involved in major school projects.. Clay Goodman, Town Manager, Town of Vinton, presented the Leadership Summit Subcommittee report as a result of a meeting which was held on June 21, 2001, hosted by Roanoke County, and composed of the following participants: Bedford County: Kirby E. Richardson, Vice-Chair, Bedford County Board of Supervisors Sue Gilbert, Economic Development Coordinator Nancy Johnson - Citizen Representative Franklin County: Wayne Angell, Board Chair, Franklin County Board of Supervisors Rick Huff, County Administrator Rob Glenn, Citizen Representative Roanoke County: Harry Nickens, Roanoke County Board of Supervisors (was not present for the subcommittee meeting.) John Chambliss, Assistant County Administrator Victor lannella, Citizen Representative City of Salem: Howard Packett, Council Member Forest Jones, City Manager J. Scott Sexton, Citizen Representative City of Roanoke: Ralph Smith, Mayor Darlene Burcham, City Manager Catherine Fox, Citizen Representative (Roanoke Valley Convention and Visitors Bureau) Town of Vinton: Don Davis, Mayor Clay Goodman, Town Manager Bootie Chewning, Citizen Representative Botetourt County: William Loope, Chair, Board of Supervisors David Moorman, Assistant County Administrator Mr. Goodman advised that the Subcommittee discussed recommendations to establish a regional identity for economic development purposes and to offer suggestions for consideration by all localities participating in Leadership Summit meetings. He stated that meeting with local government elected and appointed representatives is helping to forge regional cooperation; if the group is to be effective, it is essential that participants begin to identify what the group can agree on in order to forge a regional identity, which new regional identity could result in representatives coalescing into an effective body to provide results that would help each government to meet its goals and objectives. 4O He stated that numerous suggestions were discussed by the Subcommittee; however, the Subcommittee focused on establishing a regional General Assembly lobby effort on those issues that all participating governments could reach agreement, to look at establishing an identity that can unite and reach agreement across urban, suburban and rural constituents and establish a name and/or logo which could help to identify and unite the region. He added that the Subcommittee agreed to the following common objectives: Education Workforce Development Transportation Creation of one identity and image Historical resources High paying jobs One physical identity and one tourism package to market the region. Mr. Goodman reviewed the following recommendations of the Subcommittee: (1) The following localities should be invited to participate in future Leadership Summits: Virginia Tech Montgomery County Blacksburg Christiansburg Alleghany County Covington Clifton Forge Lynchburg Craig County (2) The localities should create an identity and image or "brand" for regional marketing, tourism, economic development and political strength. (3) As a part of each future Leadership Summit meeting, the host community should provide a brief community profile which would include the community's pressing issues, positive attributes and any other information the host wishes to share with the Leadership Summit group. 4] (4) The Subcommittee would continue to function in the future, with the immediate past Leadership Summit host community serving as host for the next Subcommittee meeting. The Subcommittee's charge would be to act as an executive board of the full group to afford time and opportunity to discuss action plan recommendations to the full Leadership Summit membership. The Subcommittee host community would set the meeting date, time and location. The host would prepare an agenda and provide the full membership with a report at the next Leadership Summit meeting. In closing, Mr. Goodman advised that the above recommendations are submitted as the Subcommittee's report and the full membership of the Leadership Summit is requested to act on the recommendations. Following discussion, it was the consensus of the Leadership Summit group to approve the above listed recommendations of the Subcommittee, with the addition of Bedford City as a participant in future Leadership Summit meetings. It was further agreed that Bedford County will host the next Subcommittee meeting at a date and time to be announced. Officials of Botetourt County extended an invitation to serve as host locality for the Fourth Leadership Summit to be held at Botetourt Education and Training Center, 57 South Center Drive, Daleville, Virginia, and the City of Salem offered to host the Fifth Leadership Summit. Mayor Smith expressed appreciation to Roanoke County for its willingness to come to the City's assistance in connection with the City's new solid waste collection program which was implemented on July 1, 2001. He stated that Roanoke County refuse collection staff and vehicles will assist the City of Roanoke on Saturday, July 14, in an effort to complete the City's weekly refuse collection cycle, and advised that Roanoke County's willingness to come to the aid of its neighboring jurisdiction was offered in the spirit of cooperation that Leadership Summit meetings are intended to encourage. There being no further business, the Mayor declared the meeting of Roanoke City Council adjourned at 1:55 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #166-373-221 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending that the City Clerk be authorized to advertise a public hearing for Monday, August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider entering into a sale agreement with Carilion Health Systems for purchase of property on Colonial Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. On motion, duly seconded and adopted, Council concurred in the recommendation. Mary F. Parker, CMC City Clerk MFP:mh pc: Dr. Edward Murphy, CEO, Carilion Health Systems, Carilion Roanoke Memorial Hospital, P. O. Box 13367, Roanoke, Virginia 24033 James D. Grisso, Director of Finance Beth A. Neu, Director of Economic Development H:~.genda.0P, August 6, 2001 correspondenc.wpd C-2 Office of the City Manager August 6, 2001 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Sale of City Property on Colonial Avenue to Carilion Health Systems On June 18, 2001, the City of Roanoke received an offer from Carilion Health Systems, Inc. to purchase 2.8 acres of city property located on Colonial Avenue, part of an un- subdivided parcel on Tax Map #1570101. The current appraised value of the 2.8 acre property is $365,000. In order to consider the sale of such property, the City Council must hold a public hearing. Recommendation: Authorize the City Clerk to advertise a public hearing for August 20, 2001 to consider entering into a sale agreement for this real estate in the amount of $375,000. Respectfully submitted, Darlene L. Burch; City Manager DLB:clw c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development #CM01-00179 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey to CHS, Inc., a tract of City-owned property containing 2.80 acres, more or less, located on Colonial Avenue, S.W., more particularly defined as "New Parcel A" on a plat entitled "Preliminary Subdivision Map From Records for Carilion Health System Showing The Creation of"New Parcel A" (2.80 Acres) and"New Parcel B" (26.20 Acres) Being a Subdivision of A 29 Acre Tract, Property of Roanoke Water Works Company," dated June 15,2001, being a portion of Official Tax No. 1570101, a copy of which is on file in the Office of the City Clerk. Pursuant to the requirements of §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 16, 2001. GIVEN under my hand this __ day of .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, August 12, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:XNOTICE-WRC-CChNS-City to CHS (Colonial) (PH 8-20-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #54-24-66 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending that the City Clerk be authorized to advertise a public hearing for Monday, August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to amend the City Code to prohibit goats and sheep as household pets in residential areas, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, /~,,~ CMC City Clerk MFP:mh pc: Garvis Reynolds, President, Gateway Guardians, 440 Mountain Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development H:XAgenda.01XAugust 6, 2001 correspondenc.wpd C-3 Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: City Code Amendment Cattle, Sheep, Goats & Swine Background: Section 6-7 of the City Code permits the keeping of cattle, sheep, goats, or swine in areas zoned for agricultural use when pens are at least 300 feet from residential property lines or on farms that are a minimum of five acres in size. In addition, the code allows a person to keep one sheep or goat as a household pet in residential areas. Recently, residents of Old Southwest reported, problems with a goat and complained that the conditions were poor and the smell was a nuisance. A petition was submitted to the City Manager on July 9, 2001 complaining about the noise, smell, and flies in the city neighborhood and requested that the outdated ordinance be revised. In the interim, the property owner has been cited by an Animal Control Officer, was convicted in court of a public nuisance, and fined. A draft ordinance has been prepared (see attached) that eliminates the provision to keep a goat or sheep as a household pet. Situation: A small number of other goats are kept within the City in residential areas. The Animal Control Office advises that they are aware of at least seven other goats in the northwest portion of the city. Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va,us Honorable Mayorand Members of Council August6,2001 Page 2 If the proposed ordinance is passed, owners of goats and sheep will be notified of the changes in the code and advised that they must move the animal to an authorized location. Recommendation: Schedule a public hearing to amend the code to prohibit goats and sheep as household pets in residential areas. Respectfully submitted, City Manager C~ Mary F. Parker, City Clerk William Hackworth, City Attorney Jim Grisso, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development Garvis Reynolds, President, Gateway Guardians CM01-0172 iN' T~E COUNC]I, O~ T~E CITY OF ROANOKE, V~GINLA., AN ORDINANCE amending and reordaining §6-7, Limitation on keeping cattle, sheep, goats and swine, of Article I, In General, of Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, to prohibit the keeping of any cattle, swine, sheep or goat in any area of the City not zoned for agricultural use; dispensing with the second reading of this ordinance by title; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 6-7, Limitation on keeping cattle, sheep, goats and swine, of Article I, In General, of Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 6-7. Limitation on keeping cattle, sheep, goats and swine. No person shall keep or maintain any cattle, swine, sheep or goat, in any area of the city not zoned for agricultural use; provided, however, cattle, sheep, goats or swine may be kept in enclosed, clean and sanitary lots or pens for not more than twenty-four (24) hours for the purpose of shipment, slaughter, or sale, when such lots or pens are not closer than three hundred (300) feet to any house or other building used for residential purposes, and cattle, sheep, goats or swine may be kept or maintained on farms five (5) acres in size or larger, regardless of zoning. As used in this section, a "farm" shall be defined as a parcel of land devoted to production for sale of plants or animals or to the production for sale of plant or animal products useful to man. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall take effect September 1, 2001. ATTEST: City Clerk. DOCUMENI' IN ORDRESC:',¢.{Y F~b.ti-,~PD',)C'S',CA KEEPING ANL~,a, ALS (9~96-04-) [ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanoke.va.us August 8, 2001 File #178 STEPHANIE M. MOON Deputy City Clerk Bruce L. Robinson 520 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Robinson: Your communication tendering your resignation as a member of the Fair blousing Board effective August 31, 2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. On motion, duly seconded, and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Fair Housing Board, from July 21, 1997 to August 31,2001. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dolores C. Daniels, Secretary, Fair Housing Board Stephanie M. Moon, Deputy City Clerk H:~Agenda.01~August 6, 2001 correspond¢ · 520 King George Avenue, S.W. Roanoke, Virginia, 24016 July 17, 2001 Members of City Council Attn: Mary Parker, City Clerk 215 Church Avenue, S.W. Roanoke, Virginia 24001-1591 Dear Sirs and Madam; I have appreciated the City Council's having appointed me to serve on the Fair Housing Board. At this time I am not able to devote adequate time to serve the Board properly, so I regretfully must submit this letter of resignation. I wish the Council well in appointing a person who can devote appropriate time and energy to the fine work of the Fair housing Board. Thank you for the opportunity to offer a modicum of service to my community. Sincerely, Bruce L. Robinson MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanokc.va, us August 8, 2001 File #230 STEPHANIE M. MOON Deputy City Clcrk Mark C. McConnel, Chair Roanoke Arts Commission 546 Camilla Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. McConnel: This is to advise you that Will Trinkle has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Judith M. St. Clair, Secretary, Roanoke Arts.Commission HSAgenda.01XAugust 6, 2001 correspondenc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Will Trinkle, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a ending June 30, 2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me thi~"~..-~"'~'d~y of~,,~ 2001. ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK N:\CKMH 1XAgenda.0 l~July 2, 200 l correspondenc.wpd July 26, 2001 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I wish to address City Council at your August 6, 2001, Council session with regard to a late charge that was attached to my water bill for property located at 4334 Camille Avenue, N. W., and a $70.00 emergency medical services fee. Sincerely, Herbert Considder N:\CKMH l~MFP\considde.wpd AMERICANS WITH DISABILITIES Practice and Compliance Manual Fair Housing Chapter 14 Revised April, 2000 FAiR HOUSING ertain point,.individual that has been vacated sputed title, would be :d by the owners,st The of single family filies in which owner s occupied or intended ndependently of each ,visions, other than the ~'ner actually maintains :esidence? Under this house containing two q()t excluded from the izations and private or or~.anization oper- a religious organiza- ings which it owns or of the same religion, ::h as an incident to its owns or operates for or occupancy of such ot contain a provision, ilities Act, completely and state or local ~rogram Development (HUD) § 3603(b)(2); 24 CFR Vida en el Desierto, Inc. v. .3d 177, 6 A.D.D. 857 (lst ~7(a). 7(a). !87, discussed at I Ameri- : Practice and Compliance cans With Disabilities FAIR HOUSING § 14:10 may make grants to, or enter into contracts or cooperative agreements with, state or local governments or their agencies, public or private nonprofit organizations or institutions, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housin, g. p. ractices, to develop, implement, carry out, or coordinate: (1) programs or acuvmes designed to obtain enforcement of the rights granted by the Civil Rights Act of 1968 or by substantially equivalent state or local laws through such appropriate judicial or administrative proceedings as are available there- for;a~ and (2)education and outreach programs designed to inform the public concerning their housing legal rights and obligations? 2. WHAT PERSONS ARE COVERED BY FAIR HOUSING AMENDMENTS ACT a. DEFINITIONS § 14:9. Handicap defined The Fair Housing Amendments Act of 1988 (FHAA) prohibits discrimination against a person because of that person's "handicap.''~o With certain exceptions, the Act defines the term "handicap," with respect to a person, as: (1) a physical or mental impairment which .substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment,st The term "major life activities," as used in the FHA& means functions such as caring for oneself, performing man- ual tasks, walking, seeing, hearing, speaking, breathing, learning, and work- ing? The existence of a disability under the FHAA depends upon the individual's physical condition, not such person's appearance? § 14:10. '.Physical or mental impairment The term "physical or mental impairment," as an element of the definition of "handicap" includes: (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (in. cluding speech organs), cardiovascular, reproductive, digestive, genito- unnary, hemic and lymphatic, skin, and endocrine;" or {2) any mental or psychological disorder,~s such as mental retardation, organic brain syndrome, emotional or mental illness,~ and specific learning disabilities.47 A nonexhaustive list of physical or mental impairments includes such diseases 38. 42 USCA 8 3616a(a)(1). 39. 42 USCA 8 3616a(a)(2). 40. 42 USCA 88 3604(c)-(o, 3605, 3606. 41.42 USCA 8 3602(h); 24 CFR 8 100.201. 42. 2't CFR § 100.201(b). 43. Jankowski Lee & Associates v. Cisneros, 91 F.3d 891, 19 A.D.D. 619 (7th Cir. 1996), as amended, (Aug. 26, 1996). 44. 24 CFR 8 100.201(a)(1). 45. 24 CFR 8 100.201(a)(1). 46. Anast v. Commonwealth Apartments, 956 F. Supp. 792 (N.D. Ill. 1997); U.S.v. Mas- sachusetts Indus. Finance Agency, 910 F. Supp. 21, 14 A.D.D. 75, 106 Ed. Law Rep. 536 (D. Mass. 1996). 47. 24 CFR § 100.201(a)(l). Americans With Disabilities 21 § 14:10 and condinons FAIR HOUSING as ortl~opedic,~ visual, speech and hearing imp:urments: cerc- brai palsy; autism; epilepsy; muscular dystroph ; ~nulti le heart disease; diabetes- H ...... t__. ' . . :Y P' sclerosis;4' cancer: , .... ,*- ,mmunooenc~ency Virus Jn~ection: meBta] retardation;~° emotional illness;~t drug addiction (other than addiction caused by current, illegal use of a controlled substance); anti alcoholism ? § 14:11. Record of impairment A person who has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more rnaj~,r lilb activities has "a record of such "h " " an impairment", so as to be considered a person with a ancucap for purposes of the Fair Housing Aanendments Ac~.,~a · Observation: This aspect of the Fair Housing Amendments Act's definition "handicap" echoes a provision of § 504 of the Rehabilitation Acl ,if 19737 The legi.slativ.e history of § 504 indicates that Congress intended % ~'ecord of such an ~mpmrment" to refer not only to persons with a present impairment who have previously been classitied as having a handicap, but also t() persons who have recovered~in whole or in part--from a handicapping condifion.~ § 14:11. Persons regarded as having impairment A person is "regarded as having such an ~mpmrment, so as to be con.siciered a person with a "handicap" if that.person: l l) has a physical or mental impair- ment that does not substantially limit one or more major litk a(:tivities but that is treated by another person as constituting such a limitation;r~ (2) has a physi- cal or mental impairment that substantially limits ()ne or more ma/or life actNi- ties only as a result of the attitudes of oth'er people toward such i'mpairment;.:7 or (3) does not have any such impairment but is treated by am,her person as having such an impairment? · Illustration: Clients in an alcohol and drng rehabilitation prograph seeking an apartment after a drug-free year are regarded as having an impairment ii thex are impaired in the major life activity of obtaining housing because of the al- titudes of landlords who refuse to rent to former substance abusers? § 14:13. Threat to health or safety of others Nothing in the Fair Housing Amendments Act (FHAA) requires ~hat a dwell- 48. Roseborough v. Cottonw~l Apartments, $~. 24 CFR § 100.201(a)(~). 17 A.D.D. 348 (N.D. Ill. 1996). 49. Jankowski Lee & Associates v. Cisneros, 91 F.$d 891, 19 A.D.D. (319 (7th Cir. 1996), as amended, (Aug. 26, 1996); Shapiro v. Cadman Towers, Inc., 844 F. Supp. 116, 4 A.D.D. 595 (E.D.N.y. 1994), order aWd, 31 F.3d 328, 9 A.D.D. 547, 148 A.L.R. Fed. 709 (2d Cir. 1995). 50. Bangerter v. Orem City Corp., 46 F.3d 1491, 8 A.D.D. 1097 (10th Cir. 1995); North Shore-Chicago Rehabilitation Inc. v. Village of Skokie, 827 F. Supp. 497, 2 A.D.D. 113, 2 A.D.D. 435 (N.D. Ill. 1993). 51.Judy B. v. Borough of Tioga, 889 F. Supp. 792, 10 A.D.D. 586 (M.D. Pa. 1995). 22 53. 24 CFR § 100.201(cL 54. 29 USCA § 794. 55. Senate Committee Rep¢)~t No. 9~-!297 (197L 93rd Cong, 2d Sess) p 56. 24 CFR § 100.201(d)(1). 57. 24 CFR § 100.201(d)(2). 58. 24 CFR § 100.201(d)(3). AS to persons with AIDS ami l-{[V as persons with a handicap, see § 14:14. 59. U.S.v. Southern Management Corp., 955 F.2d 914 (4th Cir. 1992). Americans With Disabilities FAIR HOUS lng be made ax'; [hreat to the h, ~ esu/r in substan trader the FHA. could eliminate sonablc eflbrts an entity refhse The "direct tt ~ecenl as to be ( plJcant will pose ~o group homes on public safbty but must be individuals wi be a direct thre; merit resident is their ability to i means of screeni :ire evidence were potentially the type of safetx } I~:14. AIDS Persons infec ?rs{ms with Acq ha~tdicap fbr pu ~he public misap who are not HI' 60. IQ USCA 61. Roe x. Sitgar R: ',upp. 636, 2 A.D.D. 62. L.$. v. Massa '~gem:y, 910 F. Supp. 1.aw Rep. ,536 ~D, Ma 63. Bangertcr v. ( ~491.8.LDD I097 For a discussion md reslrict~ve cover ,~[)plied to group hot 64. Taller v. Lane ~59 (Tth Cir. 1994). 65. St,)ut v. Kokou: 5, E.2d [060, 22 A. O7 ,. Americans With  Internal Medicine Associates, Practice Group 1310 THIRD STREET, SW, ROANOKE, VIRGINIA 24016 · OFFICE: 345-4946 HOURS BY APPOINTMENT Charles I. Loftin, III, M.D. Robert B. Mountcastle, Jr., M.D. Jennifer B. Chen; M.D. Michael J. Basile, M.D. Brian S. Bolinger, M.D. Ca~lyn Clark, M.D. ~l Dispense as written Signature of Prescriber [£ neither box is marked, a vof'untary formulary product must be dispensed. . a_~ _ · ' JAMES D. GRISSO Director of Finance August 2, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461,r~~ R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Ralph K. Smith, Mayor Honorable William. H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Subject: Mr. Herbert Considder, 4334 Camille Avenue, NW Dear Mayor Smith and Members of City Council: The following information is to advise council that on Tuesday, July 24, 2001, water service for Mr. Herbert Considder at 4334 Camille Avenue, NW was disconnected for non-payment of his quarterly water/sewer billing. His regular quarterly bill was mailed on May 30, 2001 and was due by June 20, 2001. When the bill remained unpaid, a delinquent notice was mailed on June 28, 2001 and was due by July 5, 2001. Service would normally have been disconnected for non- payment on July 17, 2001, but was delayed an extra week due to the holiday in the first week of the month. From the initial bill to service disconnection 56 days lapsed for the quarterly bill for service rendered for March, Apdl, and May. After Mr. Considder paid his bill including the service disconnection service charge and the late payment penalties, his service was restored within two hours. In reviewing his payment history, several other bills have incurred a late payment penalty. His account was previously disconnected for non-payment in February 2000 and at that time, we waived the service charge as a one-time customer courtesy. Mr. Considder explained that his wife was ill and that they frequently had to call 9-1-1 for ambulance service. He stated that he did not know that a charge applied for ambulance service and felt that the service should be included in the taxes that he pays. The city has charged for ambulance service since 1989. In addition, he felt that water should be provided free of charge due to the taxes he pays: He is scheduled on your agenda Monday, August 6, 2001. Honorable Mayor and Members of City Council August 2, 2001 Page 2 Please feel free to contact me if you have any questions. Sincerely,  Griss'~~o~ Director of Finance JDG/DDL/ps c: Darlene L. Burcham, City Manager a liam M. Hackworth, City Attorney ry F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-133-236-502 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of Resolution No. 35487-080601 authorizing acceptance of Grant No. 02-H8554VW01, in connection with acceptance of a grant from the Commonwealth of Virginia Department of Criminal Justice Services to be used by the Victim/Witness Assistance Program, in the amount of $100,679.00, with a $25,671.00 local cash match. The abovereferenced measure was adop[ed by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Jill Sexton, Victim Witness Coordinator H:XAgenda.01 ~August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35487-080601. A RESOLUTION authorizing the acceptance of Grant No. 02-H8554VW01 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Departmenf of Criminal Justice Services of G-rant No.02-H8554VW01 in the amount of $100,679 for Fiscal Year 2001-02 for a Victim/Witness Assistance Program. 2. The local cash match for Fiscal Year 2001-02 shall be in the amount of $25,671. 3. The City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 02-H8554VW01. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-133-236-502 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35486-080601 amending and reordaining certain sections of the 2001-2002 Grant Fund Appropriations, in connection with acceptance of a grant from the Commonwealth of Virginia Department of Criminal Justice Services to be used for the Victim/VVitness Assistance Program, in the amount of $100,679.00, with a local cash match of $25,671.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc' The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Jill Sexton, Victim Witness Coordinator H:XAgenda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35486-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Victim Witness Grant FY02 (1-16) ............................. $ 880,410 126,350 Revenues Judicial Administration $ 880,410 Victim Witness Grant FY02 (17-18) ............................. 126,350 1) Regular Employee Salaries 2) City Retirement 3) ICMA Retirement 4) ICMA Match 5) FICA 6) Medical Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 0) Telephone 1 ) Administrative Supplies 2) Dues and Memberships (035-150-5125-1002) (035-150-5125-1105) (035-150-5125-1115) (035-150-5125-1116) (035-150-5125-1120) (0,35-150-5125-1125) (035-150-5125-1116) (035-150-5125-1130) (035-150-5125-1131 ) (035-150-5125-2020) (035-150-5125-2030) (035-150-5125-2042) 90,356 3,733 2,874 1,950 7,281 7,938 615 723 325 275 943 275 13) Training and Development 14) Printing 15) Postage 16) DOT - Personal Computer Rental/ Maintenance 17) State Grant Receipts 18) Local Match (035-150-5125-2044) (035-150-5125-2075) (035-150-5125-2160) (035-150-5125-7007) (035-150-5125-5125) (035-150-5125-5115) 4,328 2OO 1,980 2,554 100,679 25,671 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY GoYlMONWEALTI+ OF VIR61Ni& CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 "~RE,~ 'C?~oE !.~'4~0 ¥~.?No. 853-2626 ' ' ~'- FAX 853-1201 August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Subject: Acceptance of the Victim Witness Program Grant Dear Mayor Smith and Members of City Council: The Victim/Witness Assistance Program has been awarded a twelve month $100,679 grant (#02-H8554VW01) for July 2001 through June 2002. The grant from the Department of Criminal Justice Services (DCJS) will allow the Victim/Witness Assistance Program to continue to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act. The Victim/Witness Program continues to operate with a full-time coordinator for the Circuit Court, as well as one full time assistant for the Juvenile and Domestic Relations Court and one full-time assistant for the General District Court. A summary of FY 97- 98, 98-99, 99-00, 00-01 contacts documents the services of the program (see Attachment A). The Victim/Witness Program is coordinated by the Office of the Commonwealth=s Attorney. The cost to the City for Grant #02-H8554VW01 would be $25,671 as a local cash match Honorable Mayor and Members of Council August 6, 2001 Page 2 for a total grant budget of $126,350. The local cash match is equal that of FY 2000- 2001. It is included in the General Fund FY 2001-2002 adopted budget in the Transfer to Grant Fund Account. Recommendation: City Council accept the Victim/VVitness Grant #02-H8554VVV01 for $100,679 with the city providing $25,671 as a local cash match from the funding provided in the Transfer to Grant Fund Account in the FY 01-02 budget for a total grant of $126,350. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #02-H8554VVV01. Appropriate $126,350 in revenue accounts to be established in the Grant Fund by the Director of Finance. Appropriate $126,350 to the expenditure accounts listed in Attachment B. DSC:jls Attachment C; Respectfully submitted, Donald S. Caldwell Commonwealth's Attorney Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Victim Witness Coordinator #CO01-00002 ATTACHMENT B PROGRAM BUDGET 1002 Regular Employee Salaries 1105 City Retirement 1115 ICMA Retirement 1116 ICMA Match 1120 FICA 1125 Medical Insurance 1126 Dental Insurance 1130 Life Insurance 1131 Disability Insurance 2020 Telephone 2030 Administrative Supplies 2042 Dues and Memberships 2044 Training and Development 2075 Printing 2160 Postage 7007 CIS - Personal Computer Rental/Maintenance 7015 Management Services TOTAL $ 90,356 $ 3,733 $ 2,874 $ 1,950 $ 7,281 $ 7,938 $ 615 $ 723 $ 325 $ 275 $ 943 $ 275 $ 4,328 $ 200 $ 1,980 $ 2,014 $ 540 $126,350 Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Acceptance of the Victim Witness Program Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney, for the City of Roanoke, with respect to the subject referenced above and recommend that City Council accept the funding from the Victim Witness Program Grant. Sincerely, City Manager DLB:ca C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #CO01-00002 Room 364 Municipat South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us August 8, 2001 File #60-467 STEPHANIE M. MOON Deputy City Clerk Sherman Lea, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Lea: I am enclosing copy of Ordinance No. 35488-080601 amending and reordaining certain sections of the 2001-2002 School Fund Appropriations, providing for .appropriation of $245,000.00 for Hurt Park School and $200,000.00 for Fallon Park School for the Reading Excellence Act grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Dr..E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board N:\CKMHlXAgenda.01~ugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35488-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Reading Excellence Act - Fallon Park 2001-02 (1-7) ............... Reading Excellence Act - Hurt Park 2001-02 (8-11) ................ $139,571,906 200,000 245,0OO Revenues Education Reading Excellence Act- Fallon Park 2001-02 (12) ................ Reading Excellence Act - Hurt Park 2001-02 (13) ................. $138,404,853 200,000 245,000 1) Compensation of Teachers 2) Supplements 3) Social Security 4) Field Trips 5) Parent Involvement 6) Educational and Recreational 7) Additional- Machinery and Equipment 8) Supplements 9) Educational and Recreational Supplies (030-061-6258-6004-0121) (030-061-6258-6004-0129) (030-061-6258-6004-0201) (Q30-061-6258-6004-0583) (030-061-6258-6004-0585) (030-061-6258-6004-0614) (030-061-6258-6004-0821) (030-061-6259-6004-0129) (030-061-6259-6004-0614) $ 57,600 80,000 4,400 1,800 11,000 31,600 13,600 23,120 80,340 10) Other Operation Supplies 11 ) Additional - Machinery and Equipment 12) Federal Grant Receipts 13) Federal Grant Receipts (030-061-6259-6004-0615) (030-061-6259-6004-0821) (030-061-6258-1102) (030-061-6258-1102) $ 91,600 49,940 200,000 245,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 4. b. Roanoke City School Board P. O. Box 13145 Roanoke, VA 24031 '0'J (540) 853-2381 Sherman P, Lea, Chairman Cindy H. Lee, Clerk of the Board 3uly 18, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council' The School Board at its July 17 meeting voted to request the Roanoke City Council to appropriate the following funds: $245,000 for the Reading Excellence Act grant for Hurt Park School to provide children with the readiness skills they need to learn to read during the early childhood years. This new program has been funded by federal funds in the amount of $245,000. $200,000 for the Reading Excellence Act grant for Fallon Park School to provide children with the readiness skills they need to learn to read during the early childhood years. This new program has been funded by federal funds in the amount of $200,000. The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re CC: Mr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr, William L. Murray Mrs. Darlene L, Burcham Mr. William M. Hackworth Mr. James D. Grisso Mrs. Ann H. Shawver (with accounting details) 4.5, JAMES D. GRISSO Director of Finance August 6, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 RO. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A. HALL Deputy Director The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor and Members of the City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $245,000 for the Reading Excellence Act grant for Hurt Park School to provide children with the readiness skills they need to learn to read during the early childhood years. This new program has been funded by federal funds in the amount of $245,000. $200,000 for the Reading Excellence Act grant for Fallon Park School to provide children with the readiness skills they need to learn to read during the early childhood years. This new program has been funded by federal funds in the amount of $200,000. We recommend that you concur with this request of the School Board. Sincerely, Director of Finance JDG/JSY/pac C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #53 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a certified copy of Resolution No. 35489-080601 authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of the issuance thereof general obligation public improvement bond anticipation notes of the City), in the principal amount of $31,245,000.00 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Pursuant to provisions of Section 12 of Resolution No. 35489-080601, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment N:\CKMH1 ~Agenda.0 l~ugust 6, 2001 corrcspondenc.wpd The Honorable Arthur B. Crush, III .August 8, 2001 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New York, New York 10005 George B. Pugh, Jr., BB&T Capital Markets, 288 Meeting Street, 2"d Floor, Charleston, South Carolina 29401 The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Rolanda A. Johnson, Assistant City Manager for Community Development Barry L. Key, Director, Management and Budget N:\CKMHl~Agenda.0DAugust 6, 2001 correspor, denc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35489-080601. A RESOLUTION AUTHORIZING THE ISSUANCE OF THIRTY- ONE MILLION TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($31,245,000) 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; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; 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 CONTINLFING 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; 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 to authorize the City to contract a debt and to authorize the issuance of $31,245,000 principal amount of general obligations of the City, in the form 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 and 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; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 371139.1 022815 RES -2- 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), 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 set forth in Section 7, the City is authorized to contract a debt and to issue Thirty-One Million Two Hundred Forty-Five Thousand Dollars ($31,245,0'00) 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 approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years fi:om their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hun&ed and sixty (360) day year 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 approved by subsequent resolution of this Council. (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, the premium, if any, payable upon such 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 his ad&ess 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 371139.1 022815 RES -3- redemption. If 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 and premium, if any, 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. (ii) 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 premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, 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 premium, if any, 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 signatures of the Mayor and City Treasurer 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. (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 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 371139.1 022815 RES -4- 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 premium, if any, 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 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. (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 mount 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 person in whose name it is registered, in person or by his duly authorized attorney, 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 his duly authorized attorney, in form satisfactory to the Registrar. (f) 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. 371139.1 022815 RES -5- (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 integral multiple thereo'f. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, 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, premium, if any, 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 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 assiglwnent of such numbers shall be the responsibility of the successful bidder for 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 true 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. 371139.1 022815 RES -6- SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds 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 Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Schools Stadium/Amphitheatre $ 5,445,000 5,000,000 4,600,000 16,200,000 $31,245,000 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 competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. 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, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. (b) 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 advisors 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 371139.1 022815 RES 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". (c) 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 Couhsel), such approval to be conclusively evidenced by their execution thereof. (d) 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. SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES Nc;. R- MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: 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 371139.1 022815 RES -8- 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 daie 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. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ., as the Registrar and Paying Agent, in the City of Principal of and premium, if any, 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, 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 are subject to redemption at the option of the City prior to their stated maturities, on or after 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 the following 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 thereofi 371139.1 022815 RES Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) __ to __,__ % __, to __, __ , __ and/hereafter 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, the premium, if any, payable upon such 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 his address 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 and premium, if any, 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. 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 his attorney 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. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, 371139.1 022815 RES -10- 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 premium, if any, 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 or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; 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 as of the day of ,200_. CITY OF ROANOKE, VIRGINIA Attest: Mayor City Clerk City Treasurer CERTWICATE OF AUTHENTICATION proceedings. This Bond is one of the Bonds delivered pursuant to the within-mentioned [ 1, as Registrar By: Authorized Signatory Date of Authentication: 371139.1 022815 RES -11- ASSIGNMENT FOR VALUED 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 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. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by 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 Director of Finance. 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. There shall 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 gox, emed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code 37i139.1 022815 RES -12- 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. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. 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 are to be issued in advance of the issuance and receipt of the proceeds 6f 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 tree copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. 371139.1 022815 R.ES 5.a.l. Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Bond Issuance under the Public Finance Act Background: On June 18, 2001 City Council endorsed and concurred in the recommendations contained in the update to the Capital Improvement Program (CIP) for Fiscal Years 2002-2006, which included a list of new capital improvement projects and funding scenarios. Consistent with the recommendations in the ClP update, the following capital projects contained in the updated plan need to be funded by the next issuance of bonds pursuant to the Public Finance Act of 1991 (Code of Virginia): Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Program Schools Stadium/Amphitheater 5,445,000 5,000,000 4,600,000 16,200,000 Total $ 31,245,000 Detailed descriptions of each capital project can be found in the City of Roanoke's Capital Improvement Program Update for Fiscal Year 2002-2006. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 Recommended Action: City Council adopt the accompanying resolution authorizing the issuance of $31,245,000 general obligation bonds pursuant to the Public Finance Act of 1991 (Code of Virginia). Respectfully submitted, City Manager Respectfully submitted, ~Grisso Director of Finance DLB:afs C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Barry L. Key, Director of Management and Budget #CM01-00136 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011- ! 595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty~ci.roanok¢.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS July 27, 2001 The Honorable Mayor and Members of City Council Roanoke; Virginia Re: General Obligation Public Improvement Bonds Dear Mayor Smith and Members of Council: At its last meeting on July 16, 2001, Council conducted a public hearing on whether to issue $31,245,000 in general obligation bonds of the City to finance certain public- improvements. Following the hearing, Council voted on the resolution authorizing the issuance of these bonds. The vote was three in favor, one against, and the Mayor responded "present." Normally, three votes would carry a measure if only five members of Council were in attendance (it being a majority of those present). However, since this resolution authorizes the incurring of debt by the City, the Constitution of Virginia requires that a majority of all of the members of Council (at least four) approve such a measure. See Article VII, §7 of the Constitution of Virginia. I understand that the City Manager intends to place the bond resolution on Council's agenda for its August 6"' meeting. This is certainly her prerogative (just as it is Council's prerogative to act on it as it so chooses), and I am not aware of any law, ordinance, or rules of Council prohibiting this. I have had the City's bond counsel (who ultimately must approve the procedures by which the issuance of bonds are undertaken) review this matter, and bond counsel advises that Council may consider the matter again, without the necessity of any further advertising or public hearings (one having been held on July 16). Although it does not seem to apply to this instance, I bring your attention to Rule 10 of Council's Rules of Procedure, set out in §2-15, Code of the City of Roanoke, which provides that "when a question has been taken, it shall be in order for any member voting with the majori _ty to move a reconsideration thereof at the same or a succeeding meeting..." (Emphasis added.) This rule supersedes the usual general rule of parliamentary procedure which provides that a motion to reconsider may be made only by a member who voted with H:\COUNCIL\l-hmbondvote. 1 'The Honorable Mayor and Members of City Council July 27, 2001 Page 2 the prevailing side. This rule also supersedes the usual general rule of parliamentary procedure which provides that motions to reconsider must be made at the same meeting that the matter to be reconsidered was acted upon. The "majority" on the July 16th vote consisted of three Council members who voted for the resolution. While it does not seem necessary, it would certainly eliminate any question about the applicability of this rule, should Council desire to reconsider the matter, if one of the three members who voted in the majority on the resolution on July 16 would move to reconsider the resolution. Please let me know if you have any questions about this matter. With kindest personal regards, I am WMH:f cc: Darl~e L. Burcham, City Manager Ja~s D. Grisso, Director of Finance c/Mary F. Parker, City Clerk Sincerely yours, William M. Hackworth City Attorney H:\COUNCILq-hmbondvote. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #72-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35490-080601 authorizing the City Managerto enter into an agreement with Blue Eagle Partnership for the lease of 83,236 square feet of office space within the Civic Mall building and the parking area, located at 1502 Williamson Road, N. W., for use by the Roanoke City Department of Social Services, upon certain terms and conditions, and dispensing with the second reading of the title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc'. James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Dr. Molly L. O'Dell, M.D., Roanoke City Health Department Glenn D. Radcliffe, Director, Human Services Sarah E. Fitton, Engineering Coordinator H:X, Agenda.01XAugust 6, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35490-080601. AN ORDINANCE authorizing the City Manager to enter into an agreement with Blue Eagle Partnership for the lease of office space at the Civic Mall, located at 1502 Williamson Road, for use by the Roanoke City Department of Social Services, upon certain terms and conditions, and dispensing with the second reading of the title of this ordinance. 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, in form approved by the City Attorney, an appropriate lease agreement with Blue Eagle Partnership, for the lease of 83,236 square feet of office space within the Civic Mall building and the parking area, located at 1502 Williamson Road, for use by the Roanoke City Department of Social Services; such lease to be for a twenty (20) year term, beginning July 1, 2002, and ending June 30, 2022, with an option to renew for two (2) additional five (5) year terms, at an initial rate of$92,045.15 per month, subject to an annual increase equal to fifty percent (50%) of the Consumer Price Index or two percent (2%), whichever is less; such lease shall provide for the indemnification of each party by the other party, and shall be upon the terms and conditions as more particularly described in the City Manager'.~ letter and attachments to this Council dated August 6, 2001. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: N:\CADCLMeasureshR-Lease - Blue Eagle (Human Services) (8-01-0 I) City Clerk. 5.a.2. Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Leased Space for Consolidated Human Services Agencies The City's Long-Range Facilities Master Plan, completed in February 1997, recommended that additional space be secured for the Health and Human Services activities which include Social Services, Juvenile Justice Administration, .Office on Youth, Homeless Program, and the Health Department. A lease is recommended rather than a purchase because the State reimbursement for Health and Social Services Departments will provide partial funding for lease payments but will not provide funding for a purchase. The consolidation of these services in one location would allow a more efficient delivery of services to their customers. This project was reviewed in detail with Council during the March financial planning session. Three Proposals were received in response to the City's solicitation in October 2000, which included the Sears Building, the Heironimus Building, and the Cotton Mill Building on Sixth Street. A team composed of representatives of the affected departments and other staff reviewed the proposals. The team agreed that the proposal for the Sears Building best met the requirements and negotiations with Sawyer Properties, Inc., the agent for the owner, Blue Eagle Partnership, have been completed. The proposed lease is for a twenty-year term ending June 30, 2022, for approximately 83,236 square feet with an annual lease payment of $1,104,541, which includes janitorial service and routine maintenance. See Attachment #1. The Lease also provides that each party will indemnify and hold harmless the other from and against any and all suits, actions, loss, damage, liability, and expense occasioned by or resulting from any default hereunder or any negligent act on its part, its agents, employees or invitees. The State Departments of Health and Social Services will participate in the lease payment by contributing 59.4% and 80%, respectively, of their prorated lease expense, based on the Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanake.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 percentage of space utilized, including common areas. The City's share will be funded in the annual operating budget beginning with the 2002-03 fiscal year. The State Departments of Health and Social Services will fund approximately $802,000. Both annual lease payments are subject to annual appropriations. Recommended Action(s): Authorize the City Manager to execute a lease agreement with Blue Eagle Partnership, in a form approved by the City Attorney. Respectfully submitted, City Manager DLB/SEF Attachment(s): I C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Rolanda Johnson, Assistant City Manager Dr. Molly Rutledge, Health Department Glenn Radcliffe, Director of Human Services Sarah E. Fitton, Engineering Coordinator #CM01-00149 LEASE OF OFFICE SPACE THIS LEASE AGREEMENT, (hereafter "Lease Agreement" or "Lease") made this day of ,2001, by and between BLUE EAGLE PARTNERSHIP, a Virginia Partnership, (the "Lessor"), and the CITY OF ROANOKE, a Virginia municipal corporafion,(the "Lessee"). WITNESSETH: IN CONSIDERATION of the mutual agreements set forth below, the receipt and adequacy of which is hereby acknowledged by each party hereto, the parties mutually agree as follows: 1. DESCRIPTION OF PREMISES (a) Lessor, in consideration of the rents and covenants to be paid by Lessee, does hereby lease to Lessee, the following described premises located at The Civic Center Mall, 1502 Williamson Road, Roanoke, VA 24012, and containing approximately 83,236 sq.ft, as shown on the floor plan attached hereto as Exhibit A (the "Premises"). (b) Lessee and patrons of the Premises shall have use of the general parking area to include 397 parking spaces as stated in Attachment E. Lessor hereby acknowledges and agrees that the upkeep and maintenance of said parking area remains the obligation of Lessor, and Lessee shall have no responsibility for the upkeep and maintenance of the parking area other than to cooperate in keeping said parking area in a clean and safe condition. The term of this Lease shall be twenty (20) years, commencing at 12:01 a.m., on the 1st day of July, 2002, or the date that the Premises is ready for occupancy ("Commencement Date") and shall expire at 11:59 o'clock p.m. on June 30, 2002. The Premises shall be deemed ready for occupancy on the earliest date on which all of the following have been met: (a) A fmal certificate of occupancy coveting the Premises has been issued by the Department of Buildings of the City of Roanoke, permitting the occupancy thereof for the purposes provided herein. (b) Lessor's work, attached as Exhibit B and all of Lessee's work, attached as Exhibit C, both of which are incorporated into and made part of this Lease Agreement, have been substantially completed, and it shall be deemed so completed notwithstanding the fact that minor or inconsequential mechanical adjustments or decoration remains to be performed, the noncompletion of which does not materially interfere with Lessee's normal use and occupancy of the Premises. Lessee shall, in its reasonable discretion, determine if the required work has been substantially completed and shall so advise Lessor in writing. (c) All means of access and all facilities necessary to Lessee's occupancy of the Premises, including but not limited to restrooms, heating, ventilating, air conditioning, water, lighting, electrical power facilities and elevators have been properly installed and substantially completed, and are in reasonably good operating order and available to the Lessee. 3. RENT During the original and any subsequent term of this lease, Lessee agrees to pay Lessor an annual rental of ONE MILLION, ONE HUNDRED FOUR THOUSAND, FIVE HUNDRED FORTY-ONE DOLLARS AND SEVENTY-TWO CENTS ($1,104,541.72) to be paid on the first day of each and every month in the mount of NINETY-TWO THOUSAND, FORTY-FIVE DOLLARS AND FIFTEEN CENTS ($92,045.15). If the rent commences on any day other than the first day of a calendar month, that pro-rata fraction of the first month's minimum rental based on a thirty (30) day month shall be paid at the first of that portion of the month. Lessee agrees to pay an annual escalation of the rental amount calculated to equal 50% of the Consumer price Index (CPI) or 2%, whichever is less, commencing on the second year of this Lease Agreement. 4. LATE FEE In the event any installment of rent is not paid within (10) days after it becomes due, a late fee of 1% of the monthly installment than due will be charged as additional rent and/or processing fees. 5. OPTION TO RENEW Lessee shall have the option to renew the term of this lease on the same terms and conditions for up to two additional five year terms upon the expiration of the original term of this lease by exercising this right in writing to Lessor three (3) months prior to the expiration of the original term of the Lease Agreement. 6. ATTACHMENTS The Lessee's Proposal (No. 00-10-9), (Exhibit D) and the Lessor's response to the Lessee's proposal dated November 7, 2000, (Exhibit E) are hereby incorporated and made a part of this Lease Agreement. Lessor acknowledges and agrees that it will comply with the terms and requirements stated therein. Where any term of the attached exhibits (Exhibits A through H) conflict with this Lease Agreement, the terms of the exhibits control. 7. USE AND POSSESSION OF LEASED PREMISES The Premises shall be used for general office, classroom, clinic, pharmacy and support purposes and for no other purpose without prior written consent of Lessor. Lessee shall not use the Premises for any unlawful purpose or so as to constitute a nuisance. 8. REPAIRS AND IMPROVEMENTS (a) Prior to the Commencement Date, Lessor will complete renovations of the Building according to the specifications and designs for fmishing and improving the Premises, which are attached hereto as Exhibit B and made a part of this Lease Agreement. Improvements to the Premises by Lessor are limited to $2,497,080.00 ($30 per rentable square foot). Any costs over and beyond or below $2,497,080.00 agreed to and incurred by Lessor will be amortized over the term of this Lease Agreement at an interest rate equal to 200 basis points above the prime rate published at time of execution of this Agreement and such amortization payments to be included in monthly rental payments as additional/or less rent. Lessor shall provide Lessee with information on the cost incurred for renovations by copies of contractor and/or architect's payment forms for work completed. All such renovations shall have a certificate of occupancy, as that term is defined in Paragraph 2 ("Term"), and the Premises ready for occupancy, as that term is defined in Paragraph 2, on or before December 15, 2002. Lessor acknowledges that failure to have the Premises ready for occupancy by the date indicated above could result in substantial damages to the Lessee. Lessor agrees to pay to the Lessee the cost of rent for those Depaxtrnents slated to occupy the space to be vacated in the Municipal Building by the Department of Social Services from December 15, 2002, until occupancy of the premises located at the Civic Center Mall, 1502 Williamson Road, Roanoke, VA 24012, by the Department of Social Services is commenced, as stated in Paragraph 2 of this Lease. (b) Lessor acknowledges and agrees that it will be solely responsible for all structural repairs, at no cost to the Lessee, during the term of the Lease and any renewal periods. Structural repairs and replacements are defined as repairs or replacements which include, but are not limited to, repairs or replacements to electrical wiring, heating and air conditioning systems, toilets, water, water pipes, windows, gas, plumbing, and other electrical fixtures, and the interior walls. Lessee agrees to provide fifteen (15) days written notice to Lessor of the need for such repair. Lessor agrees to commence such repair within fourteen (14) days of receiving notice of such repair from Lessee. Lessor acknowledges that if it has not commenced repair by the end of the aforementioned 14 day period, Lessee may give notice of its intent to terminate the Lease or contract out for such repair and deduct the cost from the next rent installment. Lessee shall notify lessor in writing of any need for structural repairs and/or replacements as defmed herein. Lessor agrees to complete such repair within 14 days of receiving notice of such repair from Lessee or as has been agreed upon by both parties. (c) Lessor hereby permits and agrees, at the Lessee's option, to Lessee's making certain additional alterations and repairs in order to make the Premises operable for its stated purpose under paragraph seven above. A breakdown of said alterations and repairs is attached to this Lease Agreement as Exhibit C. Lessee shall not make any further alterations to the Premises without obtaining Lessor's prior written consent, which consent shall not be unreasonably withheld, but any and all alterations, additions or other improvements made by Lessee, with or without the consent of Lessor, regardless of how attached (except moveable trade fixtures), shall immediately become and remain the property of Lessor, without compensation therefore to Lessee, provided Lessor shall have the right to require that Lessee, prior to the termination of this Lease, or within a reasonable time thereafter, remove any or all such alterations, additions, improvements and restore the Premises to their original condition with normal wear and tear excepted. 9. UTILITIES Lessee hereby acknowledges and agrees that it will pay for and provide electric service, gas service, water and sewer service to Premises, it being understood that lessee shall make all required deposits for meters and utility services. Lessee shall promptly pay all other utilities, as same may become due, it being understood that Lessee shall promptly make all required deposits for such utility services. Charges for the foregoing shall commence on the commencement of the Initial term of this Lease. 10. SUBLEASING AND ASSIGNMENT Lessee may not assign its right under this Lease or sublet the whole or any part of the Premises, without the prior written consent of the Lessor, such consent will not be unreasonably withheld. Regardless of Lessor's consent, no subletting or assignment shall release Lessee or alter the primary liability of Lessee to pay the rent and to perform all other obhgations to be performed by Lessee hereunder. 4 11. COMPLIANCE Lessee hereby covenants and agrees to comply with all the roles and regulations of the Board of Fire Underwriters, Officers or Boards of the City, County or State having jurisdiction over the Premises, and with all ordinances and regulations of governmental authorities wherein the Premises are located. 12. SIGNS Lessee shall not, without the prior written consent of Lessor, which consent will not be unreasonably withheld, with respect to interior or exterior signs, place any signs or advertising matter or material on the exterior or interior of the building. Should Lessor approve any sign, Lessee hereby agrees to remove any signage at the termination of this Lease, and repair any damage caused by the removal of this signage. 13. QUIET ENJOYMENT AND COVENANT OF TITLE Lessor covenants, warrants and represents that it has full right and power to execute this Lease and to grant the estate demised herein, and that Lessee upon payment of the rents herein reserved, and performing the terms, conditions and covenants herein contained, shall peacefully and quietly have, hold, and enjoy the Premises during the full term of this Lease, and any extension therefor. 14. LESSOR'S SERVICES Lessor shall furnish the following services to Lessee at Lessor's own cost and expense, all of which shall be adequate for the intended use of the Premises and in conformity with that furnished in local first class buildings similar in nature. (a) Elevator services during normal business hours of each business day, and at least one elevator on a 24 hour 7 days a week basis. (b) Access to and use of restrooms for each sex, as required by building or occupancy codes, as well as the maintenance of these restrooms and all soap, paper towels and two-ply tissues necessary for efficient use of such rooms. A baby changing station shall be installed in at least one men's and ladies' public restroom. (c) Lessor shall provide janitorial service, which includes but is not limited to, refuse removal, janitorial supplies and window washing for the Premises and common areas and restrooms in the building and those provisions as stated in 5 (d) (e) Exhibit F which is hereby incorporated into and made a part of this Lease Agreement. Lessor shall provide ventilation as well as heating and air conditioning during the appropriate seasons at levels similar to those maintained in like properties. Lessor shall maintain in proper working order all air conditioning equipment, including but not limited to air handling equipment, filter systems and duct work, to minimize airborne contaminants including, but not limited, dust and other such impurities that either directly or indirectly impact the quality of air in the Premises. (0 Lessor shall provide hot and cold water and plumbing as is required for drinking, cleaning and restroom purposes. (g) Lessor shall provide sufficient electricity and electrical components receptacles to support general office, clinic, pharmacy, classrooms and support areas to include but not be limited to the following equipment needs: personal computers and associated printer equipment, telecommunications equipment, facsimile equipment and photocopiers. Classrooms are to be furnished with three (3) receptacles adjacent to one another for computers, as delineated on Exhibit B. The Lessor will provide Lessee or the State of Virginia or their agents with access to telecommunications closets and other areas sufficient to install local are computer network equipment to be provided at a later date by the State of Virginia. Lessor shall provide adequate levels of illumination within all rooms/spaces, and in particular those designated for office and classroom use. The average illumination level for general offices and the meeting room will be 50 foot candles and for classrooms 75 foot candles. (i) Lessor shall provide for exterior maintenance to the Premises including, but not limited to, landscape maintenance, and structural repairs including roof repairs. The Lessor shall not be liable for the interruption of any of the above mentioned services caused by breakdown, maintenance, renewals, improvements, strikes, lockouts, inability of Lessor to procure such services or to obtain fuel or supplies or other cause or causes beyond the reasonable control of the Lessor. Any interruption of services shall not be deemed an eviction or disturbance of the Lessee's use and possession of the Premises or any part thereof, or render the Lessor liable to the Lessee for damages, or relieve the Lessee fxom 6 performance of the Lessee's obligation under this Lease, unless said interruption is a result of negligence by Lessor. Lessor shall be obligated to use its best efforts to restore the interrupted services within a reasonable time after notification. 15. CARE OF PREMISES Lessee agrees to take good care of the premises, fixtures, and appurtenances and suffer no waste or injury thereto, and that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of Lessee, its employees, agents, customers or guests. 16. DAMAGE TO PREMISES If the Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Lessor shall promptly at its own expense cause such damage to be repaired. If by reason of such occurrence the Premises shall be rendered untenantable only in part, Lessor shall promptly at its own expense cause the damage to be repaired, and the rent meanwhile shall be abated proportionately to the portion of the Premises rendered untentable. If by reasons of such occurrence the Premises shall be rendered wholly untenantable, Lessor shall promptly at its own expense cause such damage to be repaired, and the rent meanwhile shall be abated in whole, unless within sixty (60) days after said occurrence Lessor shall give Lessee written notice that it has elected not to reconstruct the destroyed Premises, in which event this Lease and the tenancy hereby created shall cease as of the date of said occurrence and the rent shall be adjusted as of such date. Lessor shall not be required to repair or replace any property which the Lessee may be entitled to remove from the Premises. No damages, compensation or claims shall be payable by Lessor for inconvenience, loss of business or annoyance arising from any repair or restoration of the Premises or of the building of which the Premises form a part. All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of such damage; however, if the damage results wholly from the fault of the Lessee, its agents, contractors, employees or invitees, Lessee shall not be entitled to termination or any abatement or reduction in rent. 17. INSURANCE Lessee shall at all times during the term of this Lease or any renewal thereof carry with an approved insurance carder licensed to operate in this State, public liability insurance, naming Lessor as co-insureds, with limits of liability of not less than $1,000,000.00 with respect to personal injury and $500,000.00 with respect to property damage. In lieu of the insurance required by this provision, Lessor reserves the fight to review and approve any 7 proposed self insurance program, in order to confirm that Lessee is adequately protected, which approval shall not be unreasonably withheld. Certificates of such insurance or evidence of self-insurance shall be furnished to Lessor upon request. Lessor currently has and agrees to maintain during the term of this Lease Fire and Extended Insurance coverage on the building containing the Premises with insurance company licensed to do business in Virginia in at least the amount of the replacement value of said building. Lessee shall notify Lessor promptly of any accident or loss in the Premises or in the building of which the Premises form a part or of any defects therein or in the equipment and fixtures thereof which Lessee has knowledge. 18. INSPECTION OF PREMISES The Lessor or Lessor's agent shall have free access during normal business hours to the Premises for the purpose of inspection and for the maintenance and making of repairs. To maintain the security of the Premises and to protect confidential matters, Lessor acknowledges that Lessee may accompany Lessor or Lessor's agent during such an inspection, and because of the aforementioned reasons, certain areas of the Premises may not be shown. Lessor shall have the right to show space to prospective tenants during the last three months of the original term, or any extensions or renewals thereof subject to the restrictions above. Lessor shall have the right to place "For Rent" or "For Sale" signs in conspicuous places on the Premises and to otherwise advertise the Premises for rent and/or for sale, in addition to the right to carry out inspections as set forth herein. 19. SUBORDINATION This Lease is subject and subordinate to all security liens, mortgages and deeds of trust which may now or hereafter affect the Premises or the building in which the Premises is situated, or the real property upon which said building is located, and to all renewals, modifications, consolidations, replacements and extensions thereof. The Lessee shall execute promptly any certificate or other form of instnunent in confirmation of such subordination that Lessor may request. So long as the Lessee hereunder shall pay the rent reserved and comply with, abide by and discharge the terms, condition, covenants and obligations on its part, to be kept and performed herein and shall attorn to any successor in title, notwithstanding the foregoing, the peaceable possession of the Lessee in and to the Premises for the term of this Lease, shall not be disturbed, in the event of the foreclosure any such mortgage or deed of trust, by the purchaser at such foreclosure sale or such purchaser's successor in ritle. Lessor agrees to waive its "Landlord Lien" on Lessee's personal property in favor of prior interest held by lien holders in said personal property. 20. CONDEMNATION If the whole or any part of the Premises or all means of access thereto shall be condemned or sold under threat of condemnation, this Lease shall terminate and Lessee shall have no claim against Lessor or to any portion of the award in condemnation for the value of any unexpired term of this Lease, except for any of Lessee's property taken (other than Lessee's leasehold interest in the Premises). In the event of a temporary taking, this Lease shall terminate. 21. DEFAULT In the event the Lessee shall default in the payment of rent or any other sums payable by the Lessee herein, and such default shall continue for a period often (10) days, or if the Lessee shall default in the performance of any other covenants or agreements of this Lease and such default shall continue for thirty (30) days after written notice therefore, or if the Lessee should become bankrupt or insolvent or any debtor proceedings be taken by or against the Lessee then and in addition to any and all other legal remedies and rights, the Lessor may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress or otherwise, or the Lessor may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which later event the Lessee covenants and agrees to pay any deficiency after Lessee is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession). The Lessee also covenants and agrees to pay reasonable attorney's fees and costs and expenses of the Lessor, including court costs, if the Lessor employs an attorney to collect rent or enforce other rights of the Lessor herein in the event of any breach as aforesaid and the same shall be payable regardless of whether collection or enforcement is affected by suit or otherwise. 22. HOLDING OVER If Lessee elects to terminate this Lease after the initial term or after any extensions and/or renewals, ninety (90) days written notice must be received by Lessor prior to the expiration of the lease term. Lessee shall, on the last day of the original term or renewal or any extension thereof or upon sooner termination of this Lease, peacefully and quietly surrender the premises to Lessor, broom-cleaned and in as good condition and repair as the Premises were at the commencement of the original term, reasonable wear and tear excepted. If ninety (90) days written notice is not received and Lessor and Lessee have not formally agreed to an extended term, Lessee will be considered as holding over the Premises and construed as a tenancy f~om month-to-month. 9 Such month to month tenancy shall be upon the same terms and subject to the same conditions as those set forth in the provision of this Lease. However, if Lessor gives Lessee written notice at least ten (10) days before the end of any calendar month during such month to month tenancy that terms and conditions (including any thereof relating to the amount and payment of rent) shall be modified in any manner as specified in such notice, then such tenancy shall, after the month so specified, be upon such terms and conditions as so modified. 23. SURRENDER OF PREMISES Lessee will surrender the Premises, at the expiration or sooner termination of the lease term, broom cleaned, with all rubbish removed, free of subtenancies, in as good condition as Lessee obtained the same at the commencement of the term, reasonable wear and tear excepted. Lessee will deliver all keys to Lessor or Lessor's agent. 24. RULES AND REGULATIONS The rules and regulations printed and attached to this Lease as Exhibit G which is hereby incorporated and made part of this Lease. Lessee, its servants and agents, will perform any and abide by said rules and regulations, and any amendments or additions to said rules and regulations as may be made from time to time by Lessor. 25. MUTUAL WAIVER OF SUBROGATION Lessee and Lessor hereby release each other, to the extent of their respective insurance coverage, from any and all liability for any loss or damage caused by fire or any of the extended coverage casualties or any other casualty insured against, even if such fire or other casualty shall be brought about by the fault or negligence of the other party or its agents, provided, however, this release shall be in force and effect only with respect to loss or damage occurring during such time as such parties' respective insurance policies covering such loss or damage shall contain a clause to the effect that this release shall not affect said policies or the right of such party to recover thereunder. Each party agrees that its fire and other casualty insurance policies will include such a clause. 26. NOTICES Any notices required to be served in accordance with the terms of this Lease shall be in writing and served by registered or certified mail, or delivered in person and duly acknowledged, as follows: 10 To Lessee: Director of General Services 215 Church Avenue Room 353 Roanoke, VA 24011 (w/copy to David L. Collins, Assistant City Attorney, 464 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011) To Lessor: Calvin Powers P.O. Box 20487 Roanoke, VA 24022 (w/copy to David C. Helsher, Esq., P.O. Box 20487 Roanoke, VA 24018) Either party may at any time designate by written notice to the other change in the above address or addresses. All notices, demands and requests which shall be served by registered or certified mail in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed by United States registered or certified mail as aforesaid in any Post Office or Branch Post Office regularly maintained by the United States Government. 27. SUCCESSORS AND ASSIGNS The Lease shall bind and inure to the benefit of the successors, assigns, heirs, executors, administrators and legal representatives of the parties hereto. 28. AUTHORITY The persons executing this Lease hereby covenants, represents and warrants that they are duly authorized to sign and execute this Lease. 29. WAIVERS The waiver by either party of any breach of any terms or provision herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term of provision hereof. 30. LEASING AGENT All parties acknowledge that the Leasing agent, Sawyer Properties, Inc., has a contractual relationship with both Lessor and Lessee as contained herein and defmed by previous correspondence. Agent is required by law and the Realtor's Code of Ethics to treat 11 all parties honestly and fairly. This provision shall apply in full to any successor of Sawyer Properties. In all acts done or suffered by the Agent for Lessor and/or Lessee concerning the Premises, Lessor agrees to indemnify and save Agent harmless from all fmcs, judgments, suits, claims, demands and actions of any kind (including any costs and attorney's fees) and from liability for injury, suffered by an employee or contractor engaged by Agent for the benefit for Lessor and/or Lessee. 31. ENVIRONMENTAL Lessor represents that it has no knowledge of the presence of non-encapsulated friable asbestos or other hazardous materials in the building or the Premises. Should non- encapsulated friable asbestos or other hazardous materials be discovered in the building or Premises, Lessee may immediately terminate this Lease. Lessor further agrees to provide Lessee with certification from a licensed specialist that the Premises is free of asbestos and other hazardous materials. 32. ACCESSIBILITY BY THE HANDICAPPED Prior to the commencement of the initial term and occupation by Lessee, Lessor shall ensure that the minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by physically handicapped and aged persons have been met. The Lessee shall have no responsibility for making any changes to the building required to make it handicapped accessible. Any such cost shall be borne exclusively by the Lessor. As hereinafter used, the term "the standards" shall mean and incorporate those current standards issued or promulgated by the American National Standards Institute, entitled "American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People," and the term "accessible" shall mean accessible to physically handicapped and aged individuals in accordance with the standards. The minimmn requirements are: (a) An accessible entrance to the building shall comply with the standards. (b) At least one accessible route (corridors and doors) within the Premises shall comply with the standards. (c) If support areas within the building (e.g., breakroom) are used by Lessee, its employees or the public, such areas shall be accessible. 12 (d) (e) (0 If Lessee occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. Accessible public rest rooms for each sex shall be provided, preferably on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by Lessee if the building is four stories or less in height. If Lessee occupies an area above the fourth floor, accessible public rest rooms for each sex shall be provided on the floor occupied by Lessee. If Lessee occupies more than one floor, at least one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by Lessee. All corridors, doors and spaces in or about the Premises and used by the public or employees of Lessee shall be accessible. Directional signs complying with the standards shall be provided directing the public to the Premises occupied by Lessee. Where the foregoing standards for handicapped access conflict with applicable local ordinances, roles, or regulations setting forth standards for handicapped access, the more restrictive of the two shall govern. 33. TERMINATION IN EVENT OF NONAPPROPRIATION Notwithstanding any other provision of this Lease, Lessee shall have the right to terminate this Lease without penalty or further obligation in the event the federal, state, or municipal government does not appropriate the funds necessary for this lease. Lessee shall give thirty (30) days notice of such nonappropriation. 34. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 13 35. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall notbe of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. IN WITNESS WHEREOF, this Lease has been duly executed by the parties hereto as of the day and year first above written. Lessor: BLUE EAGLE PARTNERSHIP, INC. WITNESS: By: Title: Date: Lessee: CITY OF ROANOKE ATTEST: Mary F. Parker, City Clerk APPROVED AS TO FUNDS AVAILABLE By: Title: Date: APPROVED AS TO FORM Director of Finance Account No. Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney C:'uM Y DOCUMENTSXHUMAN SERVICES BUILDING LEASE - KEV 8-14)1.DOC 14 · . ~ "" z m ~ [~ ~ .. . .-t. ~.-, 1°8, ~ ~ © . 7 0 i I '~' EMW_~--z~ ~o^~o~..~.~,,. P C .__,~.-.~.,~,~ HUMAN SERVICES ELEVATIONS ENG~mUN~- ~¢xr~ca~r~. ~,r~sG ® CIVIC · ~ ~.~ .... ~ ~ .... RO~OKE CITY, VIRGI~ © 0 Z 0 0 Z · B B "*"'"" '~"'"" ROANOKE I-IEAI.;['[I ....... HUMAN SERVICES .......... @ CIVIC MALL ~. ,/,:--,..o- ROANOKE CITY, VIRGINIA lilt;AL'I'll DI':PARTMI']NT ( Concept~:;.d Plan ) MWpc F- '-"""' ~"' ROANOKE HEALTH & --~=., HUMAN SERVICES .:.-' ~'~,~, @ CIVIC MALL ...,. ,;~,-....0- ROANOKE CITY. VIRGINIA DEPARTMENT OF SOCIAL SERVICES ( Conceptual Plan EXHIBIT B Lessor hereby acknowledges and agrees that it will perform all necessary renovations and construction work as is specified and approved by Lessee, after review of all architectural and engineering design and specifications for the building at the Civic Center Mall at 1502 Williamson Road, Roanoke, Virginia, 24012 and shown on Exhibit A. C%MY [~C'~M~qT~'~);~q SERVICES BUILDING LEASE- REV 8-1-01.DOC 16 EXHIBIT C o o LESSEE WORK Design review and approval for interior and exterior of building. Design and/or installation of computer system wiring. Design and selection of telephone system and wiring. Provide utilities cost at occupancy of building. Design electrical components receptacles. C:'uMY DOCUM~ SERVICES B1JILDING LEASE - REV 8-1-01.DOC 17 EXHIBIT REQUEST FOR PROPOSALS LEASE OF OFFICE AND CLINIC SPACE HUMAN SER VICE AGENCIES Proposal Number 00-10-9 GENERAL REQUIREMENTS: Proposals are invited from interested building owners/agents to provide the floor space and other needs as described herein and in the "Proposal Form" attached hereto. Three (3) copies of the Proposal Form will be received until 2:00 p.m., local time onWednesday, November 15, 2000. ao Proposal Form: Proposals shall be submitted on the "Proposal Form" attached hereto, or a copy thereof. Except as may be otherwise stated, all blank spaces in the Proposal Form must be filled in. bo Signatures: Each proposal must give the legal name, full business address, and telephone number of the building owner/agent, and must be signed by the building owner, authorized agent or representative with his/her usual signature. Protection and Identity of Proposals: Proposals must be enclosed in a sealed opaque envelope and be marked as indicated herein. In the front lower left-hand comer of the envelope, place the project title as indicated below; in the upper left-hand comer of the envelope, place the complete name and mailing address of the building owner/agent submitting the proposal. LEASE OF OFFICE AND CLINIC SPACE HUMAN SERVICE AGENCIES CITY OF ROANOKE, VIRGINIA Proposal Number 00-10-9 Delivery and Receipt of Proposals: Proposals must be delivered by mail or be hand delivered; FAXED PROPOSALS WILL NOT BE ACCEPTED. It is the responsibility of the building owner/agent to assure that its proposal is delivered to the place designated for receipt of proposals and prior to the time set for receipt of proposals. No proposals i'eceived after the time designated for receipt of proposals will be considered. Proposals shall be delivered to: D. Darwin Roupe, Manager Purchasing Department Room 353, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Openin~ of Proposals: Proposals will be opened at the time and place stated herein and their contents made public for the information of proposers and other interested parties who may be present either in person or by a representative. Withdrawing Proposal: No proposal may be withdrawn until sixty (60) days after the date designated for receipt of proposals. go Rejection of Proposals: The City reserves the right to cancel this request for proposals, to reject any or all proposals received, to waive any informalities in any proposal, to interview any or all owners/agents submitting a proposal, and to reject the proposal of any building owner/agent who is not in a position to execute an agreement based on the proposal submitted. 2. REQUESTS FOR INFORMATION: All inquiries for information should be directed to: e Terry Kemp, Project Manager Office of the City Engineer 215 Church Avenue, SW, Room 350 Roanoke, Virginia 24011 Telephone: (540) 853-2731 FUNDING APPROVAL: The leasing of any or all facilities req,ue~ted herein is subject to approval of the City of Roanoke, and to the availability of funding by the vari.ous departments included in section 6. COMPLIANCE WITH APPLICABLE LAWS~ ORDINANCES~ RULES~ AND REGULATIONS: The building wherein the required floor space is to be furnished (i.e. "premises") shall conform to all federal, state, and local laws, ordinances, rules and regulations pertaining to health, safety, fire, and public welfare, including accessibility by the disabled, and shall be free of friable asbestos. Each proposer shall be prepared to submit a copy of a management plan prepared by an Asbestos Management Planner licensed by the Virginia Department of Commerce to the City for the space being offered for lease. e EVALUATION OF PROPOSALS: The City of Roanoke, at its option, will select one or more responsive proposals and negotiate among the proposers to obtain the lease which is most advantageous to the City. The selection of proposers for negotiation will be based upon those proposals which most closely meet the needs of the City at competitive rates. Proposals should be complete and made without expectation of automatic selection for negotiation. Proposals will be evaluated as to the following: appropriateness of the facilities to be provided in relation to program needs size and location of toilet facilities availability and quantity of parking proximate location of the building to parking facilities lease cost (price) accessibility of the facility entrances, stairways, toilet facilities, elevator, etc. appearance and condition of the facility (general appearance of building; condition of materials and finishes) age, condition and maintenance of existing mechanical (HVAC) and electrical equipment capacity and capability of HVAC equipment to meet environmental needs of office and classroom occupants building security Request for Proposals Page 2 of 7 Lease of Office and Clinic Space Human Service Agencies TYPE OF SPACE: The space needs for the various departments must meet the program specifications listed below for number and type of office (administrative), clinic, classroom and related rooms/areas and provide a total of approximately 79,258 (net) square feet of floor space. The end user prefers that all floor space required to accommodate its program needs be offered within a single building. PROJECTED SPACE NEEDS HUMAN SERVICE AGENCIES No. Total Net Room/Space Unit Req'd. Floor Area COMMON USE AREAS: Lrg. Conference Room (up to 100) 1,600 s.f. 1 (requires a movable partition, refreshment/break area) Med. Conference Room (up to 50) 750 s.f. 2 Copy/Distribution Center 300 s.f. 1 Shredding Room (noise control, ventilation) 300 s:f..-:.' 1 Employee Lounge, Kitchen 400 s~:f: '~ 1 Small Canteen/Break Areas throughout building 144 s.f. 2 Kitchen (Nutrition Education) 250 s.f. 1 Computer Training Lab (25 workstations) 500 s.f. 1 Exercise Room with Showers 1,000 s.f. 1 1,600 s.L 1,500 s.f. 300 s.L 300 s.f. 400 s.f. 288 s.L 250 s.L 500 s.L 1,000 s.f. Subtotal Common Use Areas (Net Floor Space) ........................................................ 6,138 s.f. SOCIAL SERVICES: Office Space, Private (Director) (includes small adjoining conference area) Office Space, Private Office Space, Modular Reception Area - up to 50 visitors (include public restrooms, play area) Interview/Screening Rooms, Private File Room (lateral system) Small Conference (up to 20) Visitation Room (with viewing window) Classroom Stock Room Food Stamp Issuance (include vault/four security windows) Computer Repair Work Area Storage Room (one for computer equipment) 376 s.f. 1 376 s.f. 144 s.L 26 3,744 s.~. 120 s.L 192 23,040 s.f. 1,600 s.f. 1 1,600 s.f. 120 s.L 4 480 s.f. 1,200 s.f. 1 1,200 s.L 300 s.f. 4 1,200 s.f. 120 s.L 2 240 s.f. 500 s.f. 1 500 s.L 600 s.f. 1 600 s.L 120 s.f. 1 120 s.f. 144 s.L 1 144 s.f. 2,000 s.L 2 4,000 s.f. Subtotal Social Services. (Net Floor Space) .............................................................. 37,244 s.f. Request for Proposals Lease of Office and Clinic Space Human Service Agencies Page 3 of 7 HEALTH DEPARTMENT: Office Space, Private (Director) includes small adjoining conference area) Office Space, Private Office Space, Modular Reception Area - up to 50 visitors (include public restrooms, play area) Small Conference (up to 20) Clinic Rooms Interview Rooms Laboratory Pharmacy Dental Operatory File Room (lateral system) Storage Room 376 s.f. 1 376 s.f. 144 s.f. 20 2,880 s.f. 120 s.f. 91 10,920 s.f. 1,600 s.f. 1 1,600 s.f. 300 s.f. 2 600 s.f. 120 s.f. 12 1,440 s.f. 80 s.f. 10 800 s.f. 1,200 s.f. 1 1,200 s.f. 3,000 s.f. 1 3,000 s.f. 120 s.f. 2 240 s.f. 400 s.f. 1 40(5 s.f. 2,000 s.f..:- 1 2,000 s.f. Subtotal Health Dept. (Net Floor Space) .................................................................. 25,456 s.f. COURT SERVICES: Office Space, Private (Director) (includes small adjoining conference area) Office Space, Private Office Space, Modular Reception Area - up to 50 visitors (include public restrooms) Small Conference (up to 20) File Room Storage Room 376 s.L 1 376 s.L 144 s.L 3 432 s.f. 120 s.f. 26 3,120 s.f. 1,600 s.L 1 1,600 s.f. 300 s.L 1 300 s.f. 400 s.f. 1 400 s.f. 2,000 s.f. 1 2,000 s.f. Subtotal Court Services. (Net Floor Space).: .......................................................... :.i'.8,228 s.f. OFFICE ON YOUTH: Office Space, Private Office Space, Modular Storage Room 144 s.f. 1 144 s.f 120 s.f. 1 120 s.L 400 s.f. 1 400 s.f. Subtotal Office on Youth. (Net Floor Space) ............................................................... 664 s.f. JUVENILE JUSTICE: Office Space, Private Request for Proposals 144 s.L 1 144 s.f. Lease of Office and Clinic Space Human Service Agencies Page 4 of 7 e ge e 11. Office Space, Private 120 2 240 s.f. Office Space, Modular 120 1 120 s.f. Storage 200 1 200 s.f. Subtotal Juvenile Justice (Net Floor Space) ................................................................. 704 s.f. HUMAN SERVICES COORDINATOR: Office Space, Private 144 1 144 s.f. Office Space, Modular 120 4 480 s.f. Storage 200 1 200 s.f. Subtotal Human Services Coordinator (Net Floor Space) ............................................ 824 S.f. TOTAL PROJECTED USEABLE (NET) FLOOR SPACE ............................... 79,258 s.f. GEOGRAPHIC AREA: As stated under Paragraph 6 above, the. City prefers that all floor space required to accommodate its program needs be accommodated within one building. It also prefers that such building be located within the area bounded by Williamson i~oad, Orange Avenue, Elm Avenue, and Eighth Street, SW. EFFECTIVE DATE OF LEASE: On or before 5:00 p.m., Monday, July 1, 2002. The effective date is defined as the date the premises must be turn-key complete and ready for occupation/possession by the City of Roanoke. In the event the proposer cannot provide possession by the specified date, the proposer shall pay any cost suffered by the City of Roanoke due to the delay caused by the proposer. INITIAL PERIOD OF LEASE: At tenant's option, twenty (20) years with renewal options. SERVICES DESIRED BY LESSEE TO BE PROVIDED BY LESSOR: All utilities, cystodial, refuse removal, maintenance, and building security. REQUIREMENTS: Proposers should address each of the following specific requirements in their response. Particular attention should be given to specifically differentiating these requirements where offers are made based on use of remote facilities/buildings. Access/Security to Office Areas: It is desired that the public access the administrative offices and clinic areas through only one entrance. A separate, private entrance for staff is required. It is also desired that public access beyond the reception areas in each human services agency be controlled with coded access security doorways. · Toilets: Separate rest rooms for public and staff on each floor. Electrical Power: Sufficient electrical supply and outlets shall be provided to support general office, classrooms, and support areas, to include but not be limited to the following equipment Request for Proposals Page 5 of 7 Lease of Office and Clinic Space Human Service Agencies needs: computer network, personal computers and associated peripheral equipment, telecommunications equipment, facsimile equipment, and photocopiers. Telephone/Data Wiring: Will be bid separately. Lighting: Adequate levels of illumination within all rooms, spaces, and in particular those designated for office, classroom, and clinic use. It is desired that average illumination level for general offices and the meeting room be in the range of 50 footcandles and for classrooms/clinics 75 footcandles. Heating, Ventilation, and Air-conditioning: All areas are to be fully air-conditioned and ventilated. Because of the load generated by larger number of persons using classrooms, computer training room, and conference rooms, it is desired that these rooms be Served by separate thermostat for temperature control. Proposer shall be prepared to provide information attesting to age, condition, operation, and maintenance for mechanical equipment pertinent to proposed lease facilities. Parking: Spaces for 400 clients/employees is desired. 12. ACCESS: Building must have 24-hour access at all times, including weekends and holidays. 13. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED: It is the policy of the City of Roanoke to maximize minority and women-owned business enterprises participating in all aspects of City procurement opportunities. Thus, the proposer agrees as follows: The building owner/agent will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The building owner/agent agrees to post in conspicuous Places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The building owner/agent, in all solicitation Or advertisements for employ.ecs placed by or on behalf of the building owner/agent, will state that such building owner/agent is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Submission of a plan for utilizing the services of minority, small, and female owned businesses in any lease and a report of past efforts to utilize minority, small, and female owned businesses may be required. 14. DRUG FREE WORKPLACE: A drug-free workplace must be maintained with the required contract provisions. During the performance of this contract, the contractor agrees to: Request for Proposals Lease of Office and Clinic Space Human Service Agencies Page 6 of 7 · Provide a drug-free workplace for the contractor's employees · Pose in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition · State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace · Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that such provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, 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. 15. CONTRACT: .Subject to any provisions of the Code of Virginia or the Code of the City of Roanoke, as amended this Request for Proposals, the proposal, and any amendments resulting from negotiations as provided, herein shall become part of the lease agreement or contrfict between the selected Offerer and the City of Roanoke. The agreement br contract shall not be assigned without the consent of the City of Roanoke. In Compliance With This Request for Proposals and to all the Conditions imposed therein, the Undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. This offer will remain in effect at least sixty (60) days following the deadline for submittals under The Request for Proposals. Name and Address of Offeror: By: Date: (Signature in ink) Telephone: (__) Request for Proposals Page 7 of 7 Lease of Office and Clinic Space Human Service Agencies ROPERTIES, i c. REALTORS · .t COMMERCIAL ~ INDUSTRIAL EXHIBIT E 210 First Street, SW, Suite 130 ° Roanoke, Virginia 24011 Telephone 540-345-7565 · Fax 540-345-2433 www. sawyerproperties.com November 7, 2000 Mr. D. Darwin Roupe, Manager Purchasing Department Room 353, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mr. Roupe: REF: Lease of Office and Clinic Space Human Service Agencies Proposal Number 00-10-9 We are pleased to have the opportunity to submit to you the following response to your RFP to lease office and clinic space in the City of Roanoke: 1. BUILDING/LOCATION: The Civic Center Mall 1502 Williamson Road Roanoke, Virginia 24012 2. PREMISES: Approximately 90,100 square feet of rentable area distributed on both floors of the building. Calculations of rentable square feet shall be based on the methods specified in the BOMA Publication ANSIZ 65.1-1996 instead of the 1989 edition. 2. LEASE TERM: Twenty (20) years. 3. COMMENCEMENT: July 1, 2002 or sooner, if mutually agreed. 4. BASE RENTAL RATE: Landlord proposes a Base Rental Rate of $14.50 per rentable square foot. This rental rate includes $30.00 ~er rentable square foot for Tenant improvements. OPERATING EXPENSES AND TAXES: Landlord proposes a "full service" lease in that all normal operating costs, real estate taxes, janitorial services and Fire and Extended Coverage insurance are provide by and paid for by Landlord from the rental proceeds generated by the property. o Mr. Roupe Page 2 ALLOWANCE FOR TENANT IMPROVEMENT: 7. SPACE PLANNING 8. USE: 9. ENVIRONMENTAL INQUIRY: 10. ADA COMPLIANCE: 11. PARKING: 12. STRUCTURAL/ LATENT DEFECTS: 13. PROVISION FOR RENT ESCALATIOM: The base rent of $14.50/rsf includes $30.00/rsf for Tenant Improvement Allowance. All improvements will be based on plans and specification submitted by Tenant and will be completed by Landlord in a workmanlike manner consistent with current construction standards. All heating, venting and air conditioning equipment will be replaced and electrical wiring will be added and/or upgraded as needed. Landlord will, at its sole costs, provide Tenant with dimensions and floor plate sizes. Costs associated with the hiring of architects, engineers, or other professional service providers in order to satisfy Tenant's space requirements will be included as part of the Tenant Improvement Allowance. Tenant shall use and occupy the Premises for offices, clinic, pharmacy and support activities. Tenant's intended use does not violate existing governmental rules governing the occupancy and use of the building. The property is or will be environmentally clean. It is unknown at this time, due to the age of the building, whether it has been exposed to hazardous materials. Any deficiencies or minor issues will be corrected and maintained and addressed on an "on going" program as requirements defined under the applicable rules and regulations are determined. The building currently has over 400 parking spaces of which 8 are designated for US Post Office employees. Parking would be afforded to both Employees and patrons and included as part of the services provided with the base rent. Landlord will be responsible for repair to any and all structural and/or latent defects in the Building over the term of the lease and any renewal periods. The Annual Gross Base Rental Rate, beginning with the second year and continuing through the term of the Lease, will be subject to increases based on 50% of the Consumer Price Index (CPI) for the previous year with a cap of 1% annually. Mr. Roupe Page 3 We are looking forward to working with the City of Roanoke to accommodate the space requirements for Human Service Agencies. I feel confident we can provide an office and clinic environment conducive to their operations that will allow them to better accommodate the people who depend upon their very important services. Very truly yours,, Douglas A. Sawyer, CCIM DAS/gs encls cc: Mr. Calvin Powers All information contained herein and submitted in the RFP, while not guaranteed, is obtained from reliable sources we believe authoritative PROPOSAL TO PROVIDE LEASED SPACE LEASE OF OFFICE AND CLINIC SPACE HUMAN SERVICE AGENCIES Proposal Nutnber 00-10-9 e PROPOSAL SUBMITTED BY: Name of Firm or Person(s): Sawyer Properties Street Address: 210 First Street / Inc Suite 130 Roanoke VA 24011 City, State, Zip Code: Name of Preparer: Douglas A Sawyer CCIM Telephone: (540) 345-7565 BUILDING NAME AND LOCATION: Date: 11/7/00 Name: Civic Center Mall Street Address: 1502 Williamson Rd NW City, State, Zip Code: Roanoke VA 24012 RENTABLE SQUARE FEETt: State the number of rentable square feet estimated to accommodate the program described in the Request for Proposals: 9 0,0 6 6 BASE ANNUAL RENTAL: lease: rentable square foot. State the base annual rental for the initial term of the which is per State any inducements offered such as rent concessions, free parking, moving allowance, tenant improvement allowance: Free parkinq on site $30 per rentable SF / $2,701,980 / for Tenant Improvements ESCALATION, IF ANY: State the percentage of increase in the previous years CPI (not to exceed one-half) to be used in determining annual increases: or, state a fixed annual percentage (which will be made not to exceed one-half of the increase in the previous year's CPI): 1% 5. FLOOR(S): a. State whichfloor(s)willbeoccupiedunderthislease: 1st & 2nd b. Statethesizeofthefloo~late(s) ~reachfloortobeoccupied: 1st Floor approx 55,100 SF 2nd Floor approx 35,000 SF (NOTE) ' Based on ANSI Standard Z65. I- 1980 (approved current edition) - Standard Method of Measuring Floor Area in Office Buildings. PARKING: Total number of space offered: 397 Number of covered spaces: Hours of access: 365 / 7/ 24 hr Address of t. he parking facility if remote from the building: 7. SECURITY: Describe details of building and parking security: Lighting = 2 Footcandles all areas e BUILDING STATUS: Existing x Under construction a. b. SIGNAGE: Is the building (check one): To be construction If existing, state the age of the building: Aprox 45 Yrs If the building is under construction or to be constructed, state the projected completion date: Improvements to be completed prior to 7/1/02. Describe interior and exterior signage available under this lease: Signage on facade, & large pylon siqn. In demised area, as required by tenant, within limits imposed by sign ordinance~ 10. BUILDING INFORMATION: Number of floors in building: 2 Number of floors available for lease: 2 Usable (net) SF per floor: ADA accessibility: Y Ceiling height(s): 10 - '12' Protruding beams or ducts at ceiling: N/A Approximate clear space above ceiling: Windows within space(s): 2 Sides Describe materials and finishes in building and within proposed lease space: Proposal Form Page 2 of 4 Lease of Office and Clinic Space Human Service Agencies Describe age, condition, and maintenance provisions for mechanical and electrical' systems in building: HVAC will be on maintenance contract. Escalator will be on maintenance contract. HVAC equipment to be replaced & electrical wiring to be added as needed. 11. 12. CONTACT POINTS: Building Owner: Name: Calvin Powers Street Address: 2021 Lukens Ave NW City, State, Zip Code: Roanoke VA 24012 Telephone: (540 ) 265.?0804 Fax: ( Building Manager: Name: Calvin Powers Street Address: 2021 Lukens Ave NW City, State, Zip Code: Roanoke VA 24012 Telephone: (540) 265-0804 Fax: ( ) EXHIBITS TO BE PROVIDED: Provide the following information and materials: · A copy of the completed and signed standard form lease · A copy of the standard work letter for the facility · A copy of the cleaning specifications for building · A map showing the location of the building · A copy of building floor plans drawn to scale Proposal Form Page 3 of 4 Lease of Office and Clinic Space Human Service Agencies I, the Undersigned, have read the Request For Proposals, Proposal Number 00-10-9, dated October 13, 2000, and warrant that all statements herein are true and correct. I further represent and warrant that I am the Building Owner or I am empowered an4 duly authorized to execute this proposal on behalf of the Owner of the land and improvements. This offer will remain in effect at least sixty (60) days following the deadline for submittals under the request for proposals. --" il/7/oo Date SAWYER PROPERTIES INC Company Address 210 First Street Suite #130 Roanoke VA 24011 ( 540 )345-7 65 Telephone Number Proposal Form Page 4 of 4 Lease of Office and Clinic Space Human Service Agencies Exhibit A Janitorial Services All demised and common areas to be serviced according to the following schedule: Daily Service: Five days per week, Monday through Friday except for holidays. Floors 1. Floors: Swept and/or dust mopped with control treatment mops or other effective methods that leaves floors free and clean of dust. 2. Entrance: Lobby Floors dust mopped and finish applied as needed. 3. Carpets: Vacuumed and spot-cleaned as needed and if possible. 4. Spillage: Removed where needed. Restrooms 1. Floors: Mopped and cleaned with appropriate detergent. 2. Fixtures: Cleaned and sanitized. 3. Mirrors: Cleaned. 4. Sanitary Napkin Receptacles: Cleaned and restocked. 5. Stall partitions and tile walls: Cleaned 6. Waste receptacles: Emptied and debris removed fi.om building. 7. Towel and tissue dispensers: Cleaned and refilled as needed. 8. Soap dispensers: Cleaned and refilled as needed. Elevators/Escalators: 1. Carpets vacuumed and spot cleaned as needed. 2. Walls dusted and cleaned. 3. Metal steps and trim cleaned and polished where appropriate. 4. Tracks cleaned as needed. Receptacles: 1. Waste receptacles: Emptied and resulting debris removed from building. Liners provided for office waste receptacles. 2. Cigarette Urns: In approved smoking areas, urns will be emptied and cleaned. Dusting: 1. 2. Office furniture and fixtures dusted as appropriate. Window sills, low ledges, moldings, picture fi.ames, etc. dusted with control treated cloths. Glass: 1. 2. Lobby entrance glass cleaned as needed Partition glass cleaned of smudges, markings, etc. Miscellaneous: 1. Water fountains cleaned and sanitized. 2. Cleaning staff will turn off lights, fans, etc. nightly after cleaning service. 3. Cleaning of all coffee pots and cups will be the responsibility of Lessee Exhibit A Janitorial Service Page 2 PERIODICAL SERVICES: Weekly Services: 1. Stairs will be swept. 2. Woodwork and walls will have hand marks and smudges removed with particular attention paid to electrical switches, door knobs and jambs. Monthly Services: 1. All composition floors cleaned and polished with floor finished applied as needed. Care will be exercised during this operation to eliminate damage to office furniture, walls, etc. Wax accumulation will be removed along floor edges, corners, etc. Baseboards kept clean. 2. Stairwell mopped as needed. 3. Blinds and vents dusted. F.-hlbit F Janitorial Services All demised and common areas to be serviced according to the following schedule: Daily'Service: Five days per week, Monday through FHday except for holidays. A. Floors 1. Floors: Swept and/or dust mopped with control treatment mops or other effective methods that leaves floors free and clean of dust. 2. Entrance: Lobby Floors dust mopped and finish applied as needed. '--- 3. Carpets:' Vacuumed and spot-cleaned as needed and if possible. 4. Spillage: Removed where needed. B. Restrooms 1. Floors: Mopped and cleaned with appropriate detergent. 2. Fixtures: Cleaned and sanitized. 3. Mirrors: Cleaned. .. 4. Sanitary Napkin Receptacles: Cleaned and restocked. -~;ii:i.' ~.- 5. Stall partitions and tile wails: Cleaned ,: 6. Waste receptacles: Emptied and debris removed from building. 7. Towel and tissue dispensers: Cleaned and refilled as needed. 8. soap dispensers: Cleaned and refilled as needed. Elevators/Escalators: 1. Carpets'vacuumed and spot cleaned as needed. 2. Walls dusted and cleaned. 3. Metal steps and trim cleaned and polished where apl~ropriate. 4. Tracks cleaned as needed. D. Receptacles:. 1. Waste receptacles: Emptied and resulting debris removed from building. Liners provided for office waste receptacles. 2. Cigarette Urns: In approved smoking areas, urns will be emptied and cleaned. ' E. Dusting: 1. Office furniture and fixtures dusted as appropriate. ' 2. Window sills, low ledges, moldings, picture frames, etc. dusted with control ffeated cloths. Fo Glass: 1. 2. Lobby entrance glass cleaned as needed Partition glass cleaned of smudges, markings, etc. Miscellaneous: I. Water fountains cleaned and sanitized. 2. Cleaning staffwill mm offlights, fans, etc. nightly after cleaning service. 3. Cleaning of all coffee pots and cups will be the responsibility of Lessee 1 Exhibit F PERIODICAL SERVICES: Weekly Services: 1. Stairs will be swept. 2. Woodwork and walls will have hand marks and smudges removed with particular attention paid to electrical switches, door knobs and jambs. Monthly Services: 1. All composition floors cleaned and polished with floor finished applied as needed. Care will be exercised during this operation to eliminate damage to office furniture, walls, et6. Wax accumulation will be removed along floor edges, corners, etc, Baseboards kept clean. 2. Stairwell mopped as needed. 3. Blinds and vents dusted. EXHIBIT G RENOVATIONS/CONSTRUCTION ITEMS TO BE INCLUDED IN THE BUILDING AT THE CIVIC CENTER MALL LOCATED AT 1502 WILLIAMSON ROAD, ROANOKE, VA 24012 4. 5. 6. 9. 10. Minimum number of water closets: 45 Ao Minimum of 1 wheelchair type each floor. Minimum of 1 ambulatory type each floor. Minimum number of environmentally/climate controlled computer and telephone closets: 3 per floor Minimum number of elevators: 2 Number of entrances and exits for after normal work hours for staff: 2 Minimum number of public entrances: 2 Electrical service capacity for a minimum of 350 computers and supporting equipment, 25 copiers, 10 fax machines, 2 high-capacity shredders. Minimum illumination of: 6 foot candles over the area of room at a height of 30" above floor level. Extermination services. Provision of outside air at 5 CFM per person. Provision of I service sink per floor. 11. Provision of 8 drinking fountains. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 8, 2001 File #165-178-236 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35491-080601 authorizing execution of Amendment No. 1 to the Subgrant Agreement dated September 26, 2000, between the City and the Northwest Neighborhood Environmental Organization, for additional funding to develop the McCray Court Senior Living Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget Victoria S. Tregubov, Budget/Management Analyst George C. Snead, Jr., Assistant City Manager for Operations James M. Lesniak, Executive Director Northwest Neighborhood Environmental Organization, 802 London Avenue, N. W., Roanoke, Virginia 24016 H:~,Agenda.0lXAugust 6, 2001 correspondenc.wpd 1N THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35491-080601. A RESOLUTION authorizing execution of Amendment No. 1 to the Subgrant Agreement dated September 26, 2000, between the City and the Northwest Neighborhood Environmental Organiza. tion, for additional funding to develop the McCray Court Senior Living Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the Subgrant Agreement dated September 26, 2000, between the City and the Northwest Neighborhood Environmental Organization, for additional funding to develop the McCray Court Senior Living Project, within the limits of funds set forth and for the purposes specified in the City Manager's letter to this Council dated August 6, 2001. 2. Amendment No. 1 shall be approved as to form by the City Attorney. ATTEST: City Clerk. H:LRESkR-Amend No. I (NNEO Subgmnt) (8-06-01) 5.a.3. '0#ice of the City Manager ..-'-'~ ~? , ~ ~ August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Amendment No. I to "McCray Court Senior Living" Subgrant Agreement Background: Historically, the NNEO has received Community Development Block Grant (CDBG) funds from the City to conduct housing and other community development projects in the Gilmer neighborhood. The original agreement for the NNEO "McCray Court Senior Living" project was executed September 26, 2000, and provided $300,000 in CDBG funds. On May 7, 2001, City Council authorized funding for continued architectural and engineering and construction costs associated with the "McCray Court Senior Living" project by Resolution No. 35319-050701, which approved the submission of the City's Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD). On June18, 2001, City Council accepted the 2001-2002 CDBG funds for Ordinance No. 35406-070201 and Resolution No. 35407-061801. Considerations: An amendment to the Agreement with NNEO is necessary in order to provide the additional funding for NNEO to continue to develop the McCray Court Senior Living project. Funding is available in Account No. 035-G02-0237-5297 in the amount of $277,750. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 Recommended Action: Authorize the City Manager to execute Amendment No. I to "McCray Court Senior Living" Subgrant Agreement with NNEO, similar in form and content to the draft attached to this report. Respectfully submitted, City Manager Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Budget/Management Analyst CM01-00152 Amendment No. 1 to 2000-2001 Contract for Services THIS AMENDMENT, entered into this day of July 2001 by and between the CITY OF ROANOKE (Grantee) and the NORTHWEST"NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION, INC. (Subgrantee). WHEREAS, the Grantee and the Subgrantee have, by a Contract for Services under the Community Development Block Grant (CDBG) program, dated Septmeber 26, 2000 ("Agreement"), contracted for the provision of certain services by the Subgrantee to construct the community services building component of a 66 unit senior rental complex in relation to the McCray Court Senior Living program; and WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 35319-050701, adopted May 7, 2001, to provide Two Hundred Seventy Seven Thousand Seven Hundred Fifty Dollars and 00/100 ($277,750) towards the continued architectural and engineering and construction costs associated with the community services building component of a 66-unit senior rental complex allowing for consistency with the Scope of Services of the McCray Court Senior Living Program Agreement; and WHEREAS, by Resolution No. 35407-061801, Roanoke City Council approved the 2001-02 Community Development Block Grant (CDBG) program and, by Ordinance No. 35406-070201, appropriated funds thereto. NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend: Part I, Section 2, shall read as follows: 2. TIME OF PERFORMANCE' This Agreement shall be for the period of July 1, 2001 through June 30, 2002. Part I, Section 3, shall read as follows: 3. BUDGET: The total amount of CDBG funds used for this project shall not exceed $577,750.00. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be de-obligated from this Agreement and made available for other CDBG projects, as appropriate. The award of funds for this project shall not be construed to commit the Grantee to award other funding to this or any other project of the Subgrantee. This Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE: By. By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager SUBGRANTEE: By Witness By James Lesniak, Executive Director APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date: Account No. 035-G01-0137-5297 $300,300.00 035-G02-0237-5297 $277,750.00 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us August 8, 2001 File #183-410 STEPHANIE M. MOON Deputy City Clerk Kathryn Dickerhoff, Bid Coordinator Cargill Salt Company 50 North Road Westfield, Massachusetts 01085 Dear Ms. Dickerhoff: I am enclosing copy of Resolution No. 35492-080601 accepting the bid of Cargill Salt Company for 2,700 tons of highway deicing salt, upon certain terms and conditions, at a total cost of $101,925.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc' Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget Robert K. Bengtson, Director, Public Works Robert L. White, Manager, Purchasing HSAgenda.01XAugust 6, 2001 correspondenc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@ci.roanoke.va. us STEPHANIE M. MOON Deputy City Clerk August 8, 2001 File #183-410 Morton International, Inc. International Salt Company, LLC IMC Salt, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 35492-080601 accepting the bid of Cargill Salt Company, for 2,700 tons of highway deicing salt, upon certain terms and conditions, at a total cost of $101,925.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. On behalf of the City of Roanoke, thank you for submitting your bid on deicing salt. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:~ genda. O I V~ugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35492-080601. A RESOLUTION accepting the bid of Cargill, Inc., Salt Division, for deicing salt, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to issue the requisite purchase order; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Cargill, Inc., Salt Division, in the amount of $37.75 per ton for the purchase of.2,700 tons of deicing salt for a total cost of $101,925.00, as more particularly set forth in the City Manager's letter dated August 6, 2001, to this Council, such bid being the lowest responsible bid made to the City for the deicing salt, and on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase order for the deicing salt, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the deicing salt are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. HARESLR-Cargill (Deicing Sal0 (8-06-01)' 5.a.4. Office of the City Manager August6,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Purchase of Highway Deicing Salt Bid No. 01-06-85 Background: Highway deicing salt is used for snow and ice removal on City streets. The Streets and Traffic Division, through its Snow and Ice Removal account, will purchase the necessary deicing salt to have on hand and available for use as needed to address inclement weather problems. Considerations: Bids were requested after due and proper advertisement. Four (4) bids were received and evaluated in a consistent manner. The lowest bid, submitted by Cargill, Inc., Salt Division, of North Olmsted, Ohio, was submitted at a cost of $37.75 per ton for the purchase of 2,700 tons of deicing salt. The cost last year was $44.90 per ton. Funding is available in account 001-530-4140-2045. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 240t1-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us The Honorable Mayor and Members of Council August 6, 2001 Page 2 Recommended Action: Authorize the issuance of a purchase order for 2,700 tons of highway deicing salt from Cargill, Inc., Salt Division, for a cost of $37.75 per ton. Respectfully submitted, Darlene L. Burl~am City Manager DLB:bdf C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of OMB Robert K. Bengtson, Director of Public Works Robert L. White, Manager, Purchasing #CM01-00156 ATTACHMENT A HIGHWAY DEICING SALT BID NO. 01-06-85 VENDOR PRICE PER TON EXTENDED COST Cargill, Inc. Salt Division $37.75 $101,925.00 International Salt Co., LLC $53.75 $145,125.00 Morton Salt $54.90 $148,230.00 IMC Salt, Inc. $60.00 $162,000.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File ff,-42-277 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35494-080601 authorizing execution of a Management Agreement between the City of Roanoke, Virginia, and Downtown Roanoke, Inc., (DRI) authorizing DRI to act as the City's agent to manage and license curbage spaces in the Roanoke City Market; confirming the current rates for use of such curbage spaces; directing an amendment of the. Fee Compendium; and authorizing the City Manager to designate a portion of the curbage fees to be used for promotion of the City Market and to take such further action as is necessary to implement and administer the terms of the Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001 Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: R. Matthew Kennell, President, Downtown Roanoke, Inc., 213 Market Street, S. W., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Management and Budget N:\CKMHlXAgenda.0P, August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35494-080601. A RESOLUTION authorizing the execution of a Management Agreement between the City of Roanoke, Virginia, and Do;e~ntown Roanoke, Inc., (DR0 that will authorize DRI to act as the City's agent to manage and license curbage spaces in the Roanoke City Market; confirming the current rates for the use of such curbage spaces; directing an amendment of the Fee Compendium; and authorizing the City Manager to designate a portion of the curbage fees to be used for promotion of the City Market and to take such further action as is necessary to implement and administer the terms of such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest~ respectively, a Management'Agreement between the City and DRI for a term of one year commencing on September 1, 2001, and ending on August 31, 2002, but upon mutual agreement of the parties, the Agreement may be extended for up to four successive one year periods, and which will provide that DRI will undertake such activities in the City Market as set forth in the City Manager's letter to this Council dated August 6, 200I, and as required by the terms of the Agreement attached thereto. 2. City Council hereby confirms the current rates for use of the curbage spaces mentioned above, such rates being set forth in Exhibit A to the Agreement. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the rates for the use ofcurbage spaces in the City Market as set forth in Exhibit A to the A~eement attached to the City Manager's letter of August 6, 2001. 4. The Agreement shall be substantially similar to the one that is attached to the above mentioned City Manager's letter and shall be approved as to form by the City Attorney. 5. The City Manager is authorized to designate a portion of the curbage fees to be used for promotion of the City Market and to take such further action as may be necessary to implement and administer the terms of such ~tgreement. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File ¢¢-42-277 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35493-080601 amending and reordaining certain sections of the 2001-2002 General Fund Appropriations, to eliminate the City Market Cost Center, to reduce the revenue estimate related to market rents and to transfer remaining utility expenses to other operating budgets. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Management and Budget H:~Agenda.0l~August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35493-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental - $ Residual Fringe Benefits (1) .................................. Parks, Recreation, and Cultural City Market (2-6) ........................................... Public Works Building Maintenance (7-8) ................................... 66,908,920 1,556,485 4,700,570 -0- 24,357,872 3,8O7,697 Revenues Revenue from Use of Money/Property $ 1,118,330 Market Rents (9) ........................................... -0- 1) Disability Insurance 2) Fees for Professional Services 3) Advertising 4) Electric 5) Water and Sewer 6) Administrative Supplies 7) Electric 8) Water and Sewer 9) Curbage Fees (001-250-9110-1131) $ ( 7,940) (001-310-7210-2010) (001-310-7210-2015) (001-310-7210-2022) (001-310-7210-2026) (001-310-7210-2030) (001-440-7210-2022) (001-440-7210-2026) (001-110-1234-0505) (12,300) (5,844) (6,016) (-1,000) ( 416) 6,016 1,000 (26,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.5. Office of the City Manager August6,2001 The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William Carder, Vice-Mayor Honorable William Bestpitch, Council Member Honorable Nelson Harris, Council Member Honorable Alvin Hudson, Council Member Honorable William White, Council Member Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: City Market Management Agreement The City Market continues to be an asset to the City of Roanoke. For several years the City of Roanoke has contracted with Downtown Roanoke, Inc. (DRI) to manage the curbage spaces in the City Market. A new Agreement has been drafted to allow DRI to continue to manage those spaces, but allows DRI to retain the monies collected from the vendors as compensation for DRI's services, and to provide for marketing, advertising and coordination with the market Association. City Council shall continue to approve any license fee modifications. The current Fee Compendium establishes the fees. These fees are under review and may need to be modified in the future to address increased expenditures in the operation of the spaces. The attached Agreement is for a one year term with up to four one year extensions upon mutual agreement of the parties. Exhibit A to the Agreement sets forth the current rates for use of the spaces. The Agreement also provides that the City Manager can designate a portion of the curbage fees for promotion of the Farmer's Market. Recommendation: Authorize the City Manager to execute an Agreement for the above services between the City of Roanoke and DRI for a period of one year, from September 1, 2001, through August 31, 2002, with up to four one year extensions upon mutual agreement of the parties, that is substantially similar to the one attached hereto, such Agreement to be approved as to form by the City Attorney; confirm the current rates for use of such spaces; amending the Fee Compendium; and authorize the City Manager to periodically Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke,va .us Honorable Mayor and Members of Council August 6, 2001 Page 2 designate a portion of the curbage fees to be used for promotion of the City Market and to take such further action that is necessary to implement such Agreement. Approve the attached budget ordinance to eliminate the City Market Cost Center, reduce revenue estimate related to market rents and transfer remaining utility expenses to other operating budgets. Respectfully submitted, Darlene L. B~ a~~t-J-~l~~ City Manager DLB:ean Attachment c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development Matt Kennell, President, DRI #CM01-00157 MANAGEMENT AGREEMENT This Management Agreement ("Agreement"), is dated September 1, 2001, by and between Downtown Roanoke, Inc. CDRI") and the City of Roanoke, Virginia ("City"). WITNESSETH: WHEREAS, DRI proposes to manage, in an efficient and commercially reasonable manner, as the City's agent, the Roanoke City Market Curbage spaces in consideration of certain terms set forth below; and WHEREAS, it is the intent of the parties by this Agreement to encourage commerce and facilitate the doing of business by farmers and merchants on the City Market (also known as the Farmers Market). NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises and of the mutual covenants contained in this Agreement, the parties agree as follows: SECTION 1. RETENTION OF DRI. City hires DRI to manage as its agent those properties lying in the City of Roanoke, Virginia and designated on Exhibit WA" attached hereto and made a part hereof, known as the Roanoke Cit9 Market Curbage spaces CCurbage spaces"). DRI shall, as the City's agent, license and manage the Curbage spaces. As part of DRI's management duties under this Agreement, DRI will collect all monies from the license of any Curbage spaces (those spaces along the curb of the street as designated on Exhibit A). DRI will deposit all such monies intact in a local bank account. The approved fees or rates to be charged for Curbage spaces will be periodically designated by City Council, the current rates being set forth on Exhibit A. The form of any license used by DRI will be subject to approval by the City Manager or her designee. DRI shall make all disbursements by check for its Management and City Market promotional fees out of this account. Management fees are those fees as provided for in Section 5 of this Agreement. Promotional fees are the portion of the Curbage fees periodically designated by the City Manager to be used for promotion of the City Market. SECTION 2. FINANCIAL REPORT. DRI shall provide an annual financial report to the City of Roanoke Economic Development Director and Director of Finance. SECTION 3. UTILITY AND MAINTENANCE EXPENSES. The City shall be responsible for all utility, maintenance and capital improvement expenses the City deems reasonably necessary to maintain the City Market in its current condition. C:'~OL"UME~ I ',~'MSM I 'd..OCAL SE'['YINGS\T Eh4P~. LOTLIS. NOTES. DA TA\CC- D RI-C IT~j.MARKET - MGT-AGMT DOC SECTION 4. TERM'. The term of this Agreement shall be for a period of one (1) year, from September 1, 2001, through August 31, 2002, at which time it will terminate, unless extended by mutual agreement of the parties. Upon mutual agreement of the parties, this Agreement may be extended for up to four (4) successive one(l) year periods upon such terms as may be mutually agreed upon in writing by the parties at least thirty (30) days prior to the expiration of the initial one (1) year term or any subsequent extension thereofi The above terms in this section notwithstanding, either party has the right to terminate this Agreement at any time upon thirty days written notice to the other. Notice to DRI shall be by certified mail to President of Downtown Roanoke, Inc., 213 Market Street, S.E., Roanoke, Virginia 24011. Notice to the City shall be by certified mail to the City Manager, 364 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and to the Director, Roanoke City Department of Economic Development, 111 Franklin Plaza, Suite 200, Roanoke, Virginia 24011. SECTION 5. MANAGEMENT FEES. Compensation to DRI under this Agreement shall consist only of the approved Curbage fees which DRI collects less the promotional fees referred to in Section 1. DRI shall retain such monies as DRI's Management Fees. SECTION 6. BOND. Any of DRI's employees acting under this Agreement shall enter into a bond with corporate surety in the amount of $20,000.00, on the condition of DRI's and its employees' faithful performance under this Agreement. SECTION 7. DRI PERSONNEL. DRI will advise the Director of Economic Development of the name of the person or persons performing services for DRI pursuant to this Agreement. SECTION 8. RECORDS. All of DRI's records bearing on activities connected in any way to this Agreement shall be open for inspection and/or copying during normal business hours by the City's Municipal Auditor or other City representatives. SECTION 9. REPAIR REQUESTS. DRI may make routine repair requests to the City. C:~)OCUME- I ~MSM I VLOCAL SEI'rlNGS\TEMP~C. LOTUS.NOTES.DATA\CC-DRI-CIT~JviARKET~MGT.AGMT DOC SECTION 10. DRI OFFICE STAFFING. DR/shall staff its office Monday - Friday, 8:00 AM - 5:00 PM. DR/shall also provide, as needed, a Market Clerk on Saturday fi.om 7:30 AM - 10:30 AM. Furthermore, DR/will designate a DR/staff person to be in charge of its undertakings pursuant to this Agreement. SECTION 11. DRI'S AUTHORITY. City authorizes DR/to perform the following acts on City's behalf under this Agreement: Ao To enter into licenses for Curbage spaces at such rates as are periodically designated by City Council; Bo With the prior written approval of the City Manager or her designee, to enter into monthly licenses of City Market Curbage space at such rates as are periodically designated by City Council; and Such other managerial acts, not inconsistent herewith, that are necessary to effectuate the purposes of this Agreement. SECTION 12. INDEMNITY PROVISION. DR/agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless fi.om any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting fi'om any act or omission of DR/including: (a) DR/'s use of the streets or sidewalks of the City; (b) performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of DRI to perform any duty imposed upon or assumed by DR/by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with DR/on account thereof, DR/, upon notice given to it by the City or any of the City's officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of the City's officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with DR/, then DR/will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of the City's officers, employees, agents, volunteers or representatives harmless therefrom. SECTION 13 INSURANCE REQUIREMENTS. A. DR/shall, at its sole expense, obtain and maintain during the life of this Agreement the insurance policies and bonds required by this Section. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance under this C:kI~OCUME~ 1 \CMSM I',LOCAL SETTINGS\TEMI~C, LOTUSNOTES.DATA'42C-DRI-CIT~IVIARKET-MGT-AGM'i'DOC Be Agreement. Th~ following policies and coverages are required: (1) Commercial General Liability. Commercial General Liability insurance shall insure against all claims, loss, cost, damage, expense or liability from Ioss of life or damage or injury to persons or property arising out of DRI's performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined signal limit for any one occun'ence. (2) Workers' Compensation. Workers' Compensation insurance covering DR/'s statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be $100,000.00 bodily injury by accident each occurrence; $500,000.00 bodily injury by disease (policy limit); and $100,000.00 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the DRI's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (3) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000.00 combined single limit applicable to owned or non- owned vehicles used in the performance of any work under this Agreement. Umbrella Coverage. The insurance coverages and amounts set forth in the preceding subsections of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by the preceding subsections, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by DR/to the City. Evidence of Insurance. All insurance shall meet the following requirements: (1) Prior to, or contemporaneously herewith, the execution of this Agreement, DR/shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration or the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement:"The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management officer for the City of Roanoke.' (3) The required certificate or certificates of insurance shall name the City of Roanoke, its C:XIX)CUME~ I ',CMS M I XLOCAL SETTINGS\TEM~C. LOTUS.NOTE.S.DATA\CC-DRI-CIT~IIKET'MGT'AGMT-DOC officers,'c~tployees, agents, volunteers and representatives as additional insureds and shall provide for a policy endorsement if required by the insurance company. - (4) 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. (5) 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 Agreement shall be authorized to do business in the Commonwealth of Virginia. SECTION 14. PRIOR AGREEMENTS. Execution of this Agreement shall revoke and terminate any prior Agreement between DRI and the City pertaining to the same subject matter. SECTION 15. COMPLIANCE WITH LAWS. Both parties agree to comply with all applicable federal, state, and local laws and regulations. SECTION 16. COOPERATION. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 'SECTION 17. SEVERABILITY. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the remaining provisions of this Agreement be enforced to the fullest extent permitted by applicable law. SECTION 18. AUTHORITY TO SIGN. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. SECTION 19. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 20. SUCCESSORS. C:~DOCUME~ I ~2MS M I ~OCAL SETTINGS\TEMI~C. LOTUS.NOTES. DATA\CC-DRI-CIT~dlKET- MGT-AGMT DOC The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and. inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 21. ASSIGNMENT. DR/agrees not to assign or transfer any part of this Agreement without the prior written consent of the City, and any such assignment will not relieve DR/ fi'om any of its obligations under this Agreement. SECTION 22. FORUM SECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, DR/agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 23. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver 6f any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the nondefaulting party from asserting any and all fights and/or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 24. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. SECTION 25. NONDISCRIMINATION. A. During the performance of this Agreement, DRI agrees as follows: DRI 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 DRI. DR/ agrees to post in conspicuous places, available to employees and C:',J3OCUME~ I~,CMS M I ~OCAL SETTINGS\TEMP~C. LOTUS.NOTES.DATA",CC-DRI-CIT~MARKET- MGT-AGMT. DOC applicanis for employment, notices setting forth the provisions of this nondiscrimination clause. ii. DRI in all solicitations or advertisements for employees placed by or on behalf of DRI will state that DRI is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, role or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. DRI will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 26. DRUG-FREE WORKPLACE. Ao During the performance of this Agreement, DRI agrees to (i) provide a drag-free workplace for DRI 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 employee's placed by or on behalfofDRI that DRI maintains a drug-flee 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. Bo For the purposes of this section, "drag-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 or Agreement. SECTION 27. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. C:'~)OL-'UMF~ I'~MS M Pd~CAL SETTINGS\TEMI~C.LOTUS.NOTES DATA'~CC-DRI-CITIb~MARKET- MGT'AGMT.DOC IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: Secretary DOWNTOWN ROANOKE, INC. By President (Type in Name) ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE, VIRGINIA By. Darlene L. Burcham, City Manager Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # C:~)OCUME~ 1 \CMSM I kLOCAL SETTINGS\TEMP~C. LOTUS NOTES.DATA\CC-DRI-CIT~tKET-MGT-AG~. ~ to Management Agreement Between DRI And The City of Roanoke Dated September 1, 2001, Market ~ Spac~ Monthly Prate ~ SI~ Monthly Ra~e 1 $~ 16 ~5 3 ~5 18 $27 37 ~ $27 19 $25 4 $~ ~ ~5 39 5 ~25 21 $~ 40 6 $25 ~ $25 41 7 $27 23 $25 42 ~5 WS9 7A $27 24 ~5 43 8 $27 ~ $~ ES1 9 ~5 ~ $25 ES2 $25 WS12 10 $20 27 $25 E~ 11 $25 28 $25 E~ $25 12 ~5 ~ ~5 E~ , ' ~Q = We~ M~ 13 $25 ~ ~5 E~ $25 WS = Wall 13A $25 31 $20 WSQ1 $25 1~ $20 32 ~5 WS~ ~5 Dally R~e $5.~ 14 $25 33 $25 WSQ3 $25 15 $~S ~ $25 WSl Page 1 of 2 Jul 17 01 02:4~p Inc. (540]344-1452 e. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-188 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy Resolution No. 35496-080601 authorizing the City Manager to accept "pass-through" funding from a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, in the amount of $15,000.00, to participate in a Regional Hazardous Materials Response Team as more particularly set forth in a communication from the City Manager dated August 6, 2001. The abovereferenced measure Was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief of Fire-EMS Barry L. Key, Director, Management and Budget H:XAgenda.01~August 6, 2001 correspondenc.wpd 1NTHECOUNCILOF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. ~o. 35496-080601. A RESOLUTION authorizing the City Manager to accept, on behalf of the City of Roanoke, "pass-through" funding from a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, with appropriations, to participate in a Regional Hazardous Materials Response Team. BE 1T RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, on behalf of the City, to accept $15,000.00 in "pass-through" funding pursuant to a current two-year contract that commenced July 1, 2000, with the Commonwealth of Virginia, Departmem of Emergency Managemem, to participate in a Regional Hazardous Materials Response Team as is more particularly set forth in the letter of the City Manager, dated August 6, 2001. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-188 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35495-080601 amending and reordaining certain sections of the 2001-2002 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with acceptance of "pass-through" funding from a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in the Regional Hazardous Materials Response Team. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief of Fire-EMS Barry L. Key, Director, Management and Budget H:'u~.genda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35495-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,483,784 Hazardous Materials Response Team FY02 (1-2) .................. 15,000 Revenues Public Safety $ 2,483,784 Hazardous Materials Response Team FY02 (3) ................... 15,000 1) Employee Physicals 2) Training and Development 3) State Grant Receipts (035-520-3224-2110) (035-520-3224-2044) (035-520-3224-3224) 11,300 3,700 15,000 BE IT FURTHER O.RDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.6. Office of the City Manager August 6, 200i' Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Regional Hazardous Materials Response Team Grant Background: Since July 1, 1986, the city has been under contract with the Virginia Department of Emergency Management (VDEM) to respond to Level III hazardous materials incidents in a regional concept involving firefighters/emts from the cities of Roanoke and Salem. On July 19, 2000, City Council authorized the City Manager to renew its agreement to participate in a Level III Regional Response Team. This agreement is renegotiated bi-annually in order to keep funding and reimbursement needs current. Roanoke benefits from this contract by receiving reimbursement for training, team member physical examinations, and purchases of related equipment. Without this state contract, the city would still have a need for a hazardous materials response team but without the corresponding benefit of being a reimbursed regional provider. Considerations: The present VDEM hazardous materials team contract expires June 30, 2002. VDEM agreed to furnish $15,000.00 per year in "pass-through" funds in order to assist with the purchase of equipment, physicals, and to attend training programs needed to comply with Federal and State response criteria mandates. Pass through funding totaling $15,000.00 has been received from VDEM as of this report and deposited in revenue account 035-520-3224-3224. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us Recommendation: City Council accept the "pass-through" funding which honors the renewal of the two-year VDEM hazardous materials team contract for the period July 1, 2000 until June 30, 2002. Also, appropriate funding of $15,000 as follows: $11,300 to Employee Physicals and $3,700 to Training and Development under the Hazardous Materials Response Team Grant (Account Numbers 035-520-3224- 2110 and 035-520-3224-2044) and establish a revenue estimate of $15,000. Respectfully submitted, City Manager WVS/bss C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Winston Simmons, Fire-Ems Deputy Chief #CM01-00159 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-188 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35497-080601 authorizing the appropriate City officials to enter into the 2001-2002 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions, as more fully set forth in a communication from the City Manager dated August 6, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Barry L. Key, Director, Management and Budget Victoria S. Tregubov, Budget/Management Analyst George C. Snead, Jr., Assistant City Manager for Operations H:~genda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35497-080601. A RESOLUTION authorizing the appropriate City officials to enter into the 2001-2002 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 2001-2002. Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, approved as to form by the City Attorney, and upon such terms and conditions as are more particularly set forth in the City Manager's letter dated August 6, 2001, including the purposes of such program, and the provision for indemnification by the City under certain circumstances. ATTEST: City Clerk. H:XRES'dlRHA-CDBG-FY01-02 (8-06-01 ) 5.a.7. Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Execution of 2001/02 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) Background: Historically, the RRHA has administered numerous CDBG-funded activities for the City, including housing rehabilitation and economic development activities. On May 7, 2001, Council authorized the RRHA's 2001-02 CDBG activities and funding by Resolution No. 35319-050701, which approved submission of the City's Consolidated Plan to the U.S. Department of Housing and Urban Development. Council accepted the 2001-02 CDBG funds on June 18, 2001, by Resolution No. 35407-061801 and Budget Ordinance No. 35406-070201, pending receipt of the approval letter from HUD. The approval letter is completing the routine Congressional release process. Considerations: In order for the RRHA to provide eligible City homeowners and buyers the housing activities approved in the Consolidated Plan, City Council's authorization to execute an agreement with the RRHA is necessary. Necessary CDBG funding is available in the accounts listed in ^ttachment A of the Agreement "(copy attached)". This agreement contains a mutual indemnification provision clause in which both parties agree to indemnify the other for damages and expenses incurred as a result of the other party's conduct. The effect of the clause is that, in certain circumstances, the City would be waiving its defense of sovereign immunity. Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb :www. ci, roanoke .va, us Honorable Mayor and Members of Council August 6, 2001 Page 2 Recommended Action: Authorize the City Manager to execute a CDBG Agreement with the RRHA, similar in form and content to the agreement attached to this report, approved as to form by the City Attorney. Respectfully submitted, City Manager Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Budget/Management Analyst CM01-00162 AGREEMENT This Agreement is made and entered into this following parties: day of August 2001, by and between the The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 35407-061801, the Roanoke City Council approved the 2001-2002 CDBG program and by Ordinance No. 35406-070201 appropriated funds therefor; and WHEREAS, by Resolution No. -082001, the Roanoke City Council approved the execution of this subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, by Resolution No. , the Subgrantee's Board of Commissioners approved the execution of this subgrant agreement between the Grantee and the Subgrantee. NOW, THEREFORE, the parties hereto mutually agree as follows: PARTI-SCOPE OF SERVlCE~ The Subgrantee shall perform the tasks enumerated below in a satisfactory and proper manner, as determined by the Grantee, within the scope of the 2001-02 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council. A. Housin_~ Pro.qrams The Subgrantee shall administer the housing programs briefly described below in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee and incorporated herein by reference. Guidelines may be modified with the approval of the Grantee's City Manager and the Subgrantee's Executive Director or his or her designee. Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program. 1. Quick Response to Emergencies -- assistance to eligible homeowners to repair or replace seriously substandard components of the owner's home. 1 ofll 2. Critical Assistance Repair for the Elded¥ (C.A.R.E.) -- assistance to eligible eldedy homeowners for non-cosmetic home repairs. Consolidated Loan Proqram -- assistance to eligible homebuyers or homeowners for the purchase and/or rehabilitation of substandard housing, which are or are to be their principle residences. Note: CDBG funds designated for this activity shall be used solely for use of Iow and moderate income individuals. See Attachment A for budgeted funds. Washinqton Park Rehabilitation -- assistance to eligible homebuyers or homeowners who are residents of the Washington Park neighborhood for rehabilitation of their substandard homes. HOME Pro.qram Support and Pre-development Costs -- In addition to using designated funds under this Agreement to deliver CDBG-funded housing activities, the Subgrantee shall as well provide support, including staffing, for the Subgrantee's HOME-funded housing activities to be implemented under a separate HOME agreement with the Grantee. CDBG funds may also be used for eligible pre-development costs associated with HOME-funded projects. Procurement of Contractors -- The Subgrantee shall obtain contractors for needed rehabilitation services according to its standard, written procurement procedures, ensuring that all such contractors comply with applicable HUD regulations, including those relating to lead-based paint. Procurement procedures will offer beneficiaries opportunities to select from among the various contractors available while maintaining a competitive selection process. 7. "EliRible" Beneficiaries -- For the purposes of this Agreement, an "eligible" beneficiary shall mean: a. A homeowner or homebuyer whose family income meets Iow- and moderate-income limits established by HUD in accordance with 24 CFR 570.3. The Subgrantee shall prepare and retain with the project files appropriate records that it has determined the eligibility of each beneficiary. 8. Tar,qet Areas - In order to maximize the impact of limited resources, guidelines for the various activities enumerated above may be targeted to specific areas within the City. B. Commercial/Industrial Development Property Disposition -- For the term of this Agreement, the Subgrantee shall continue to assist in the sale of parcels available in all Redevelopment Areas. All contacts with potential developers shall be coordinated between the Grantee's Director of Economic Development and the Subgrantee's Director of Community Development. Each of these parties or representatives shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. In conformance with HUD procedures, expenses related to land disposition shall be deducted directly from program income due and payable to the City, based on approval of documentation by the Grantee. C. General Administration The Subgrantee shall provide management, fiscal services and such other general administrative support as may be required to ensure satisfactory completion of the activities listed in the Scope of Services. Additionally, the Subgrantee shall provide the following: Relocation Assistance and Counseling -- In accordance with HUD regulations and guidelines, and within the limits of funds available for such purposes under this Agreement, the Subgrantee shall provide relocation assistance and guidance to residents and businesses displaced by the projects and activities enumerated in Part I above. General Administration of Community Development/Economic Development Activities Prior Years Activities -- The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years, as appropriate and in accordance with guidelines of the specific programs. Such programs include: Private Rehabilitation Loans; Rental Rehabilitation; Neighborhood Stabilization and Enhancement; Section 312; Down Payment and Closing Cost Assistance; and local CDBG loans. The Subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure under the loan programs referenced in this part. However, where delinquencies persist, the Subgrantee shall institute appropriate collection procedures including foreclosures. The Subgrantee shall maintain and protect properties on which it has foreclosed and, in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. 3. Community Interaction -- The Subgrantee shall assist the Grantee in the performance of such basic community-oriented tasks as the following: a. Planning, organizing and implementing neighborhood meetings. b. Planning, organizing and implementing the Consolidated Plan public workshops and/or hearings associated with the Grantee's annual application process. Redevelopment Plans - Preparation and Amendment -- In conjunction with the City's Department of Planning and Code Enforcement, the Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Sin.qle-Family Mort.ClaRe Loan Pro.qram Debt Service/Loan Loss Reserve Funds -- To promote more effective and efficient administration, during the 1998/99 period, the Subgrantee obtained private financing to buy-out the series of mortgage revenue bonds it issued from 1981 to 1993 and retained all remaining CDBG debt service and loan loss 3ofll reserve funds previously provided by the Grantee to secure the mortgage revenue bonds. The CDBG funds retained shall continue to be used by the Subgrantee for debt service and loan loss reserve purposes with respect to the private financing obtained to buy-out the original bonds. On or before June 30 of each year, the Subgrantee shall report outstanding principal balances of loans made under the Single-Family Mortgage Loan Program and the amount of CDBG funds remaining in the debt service and loan loss reserve. Upon satisfaction and/or termination of all loans made under the program, the Subgrantee shall return to the Grantee any CDBG debt service and loan loss reserve funds remaining. Any such funds returned shall be classified as "program income" to the Grantee's CDBG program. Program Coordination -- Appropriate staff of the Subgrantee and Grantee shall meet and consult regularly and as determined needed by either party. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistant City Manager for Community Development, Building Commissioner, Director of Planning and Code Enforcement, Housing Development Coordinator, Director of Economic Development, and Department of Management and Budget. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of the program activities listed above, and consider the need for and planning of other activities of the Grantee and/or Subgrantee, consistent with the general purpose of community development and neighborhood revitalization. PART II - COMPENSATION AND METHOD OF PAYMENT A. Pro~ram Funds CDBG funding for the program activities specified in Part I of this Agreement shall be made available to the Subgrantee as detailed in Attachment A. The Subgrantee shall not, without prior written approval from the Grantee, exceed the total funding allocated to any account nor the amount allocated to any category (i.e. "project"; "support"; "admin") within any account. Further, the amounts designated to support HOME activities shall be expended solely for this purpose. B. Pro_(:lram Income Program income from any and all sources, including interest earned bythe program income itself, shall be submitted to the Grantee on a monthly basis by the fifteen of the month following collection. C. Disbursement Procedure-~ The Subgrantee shall file the necessary papers with the Director of Finance ten (10)working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated and itemized; excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. Funds should be disbursed by the Subgrantee within ten (10) days of receipt of the advance. The Subgrantee shall submit, by the seventh working day of each month, a monthly report to the Director of 4ofll Finance and a copy to the Department of Management and Budget, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time allocation reports in a form acceptable to the Grantee. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed here and in Paragraph IV. B of this Agreement. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days after the contract expiration date. D. Annual Audit and Monitorin.,', The Subgrantee shall provide for an independent audit of CDBG expenditures under this Agreement for the period set forth in Part IV.A., in accordance with Circular A-133. Within 30 days following its completion, two copies of the audit report shall be furnished to the Grantee. In addition, it is the intention of the Grantee to conduct financial, compliance and performance monitoring of the Subgrantee, which may include on-site reviews, at least once during the period of this Agreement. E. Anti-Lobbying To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. PART III - GRANTEE RESPONSIBILITIES A. General Guidance The Grantee's Department of Management and Budget shall provide general guidance and direction to the Subgrantee concerning the intent and operation of any programs developed by the Grantee which are to be administered by the Subgrantee under this Agreement. Additionally, other parties and/or departments of the Grantee may provide specific guidance and direction as needed. 5ofll Reports prepared by Grantee staff for presentation to City Council pertaining to matters under this Agreement shall be provided to the Subgrantee for review and comment ten (10) working days before the date of the Council meeting. B. ExistinQ Data The Grantee shall make available such existing reports, maps, records or other data as may assist the Subgrantee's performance of services under this Agreement. C. Project Planning Unless otherwise approved by the Grantee, public improvements such as streets, curb and gutter, public utilities, etc. within a Redevelopment Area shall be the responsibility of the Grantee. Copies of the project plans may be obtained bythe Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs. Program Development Except by the Grantee's prior written approval, the Subgrantee shall neither incur nor be reimbursed for expenses relating to the development and implementation of a new program or the continuation of an existing program not contained in Part I of this Agreement. PART IV - PERFORMANCE AND RECORD KEEPING A. Time Period The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1,2001, and continue through June 30, 2002. Reporting requirements and annual audit shall cover the full program year period from July 1 2001 through June 30, 2002. ' ' B. Rel3ortinQ Requiremenr~ By the 7th working day following the end of each month, the Subgrantee shall report the progress of each activity covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: 1. List of monthly gross program income receipts from all sources. 2. List of property purchased with CDBG funds and titled to the Subgrantee, with quarterly updates. 3. Proration of staff time allocated to each activity covered under this Agreement, in accordance with a cost allocation plan acceptable to HUD. 6ofll C= The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. Retention of Records All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of four (4) years after the expiration date of this Agreement or the conclusion of any legal or administrative process requiring their use, whichever is later. Appropriate City and/or HUD personnel shall have free access to these records for the period of this Agreement and the subsequent retention period. PART V - THIRD PARTY CONTRACTS AND BIDS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. PART VI-PERSONNEL The Subgrantee represents that it has or will secure all personnel required to perform the services under this Agreement, within the limits of funding provided. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. PART VII - UNIFORM ADMINISTRATIVE REQUIREMENTS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment C, those described in 24 CFR 570.502, and all other applicable CDBG and federal regulations relating to specific programs performed hereunder. All proposals for CDBG-assisted rehabilitation in the City will be submitted to the Grantee's Department of Management and Budget for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If a property is historically eligible, all project plans and specifications will be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. PART VIII - CONFLICT OF INTEREST No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for him or herself or his or her family or business associates, during their tenure or for one (1) year thereafter. PART IX - INDEMNITY PROVISION Each party hereto agrees to indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting therefrom, arising out of each party's intentional or negligent acts or omissions with respect to the 7ofll duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of its own negligence. PART X - ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. PART Xl - TERMINATION OF AGREEMENT FOR CAUSF In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subgrantee materially fails to comply with any term of the Agreement. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. Community Development Block Grant funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. PART Xll - REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either (1) be used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or (2) be disposed of in a manner which results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with the above. PART Xlll - GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: Mary F. Parker, City Clerk Darlene L. Burcham, City Manager 8ofll ATTEST: FOr THE SUBGRANTEE: Secretary of the Board John P. Baker, Executive Director APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Department of Management & Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date: Account #: (See Attachment A) 9ofll ATTACHMENTS ATTACHMENT A: 2001-2002 RRHA CDBG Project Accounts ATTACHMENT B: Required Federal Regulations 10ofll 2001-2002 RRHA CDBG Agreement Financial Accounts Attachment A Program Account Number Project Support Admin Total Quick Response to 035-G02-0220-5203 45,000 Emergencies 035-G02-0210-5076 4,100 Subtotal 45,000 4,100 49,100 Critical Assistance for 035-G02-0220-5003 90,000 Elderly 035-G02-0210-5002 10,250 Subtotal 90,000 10,250 100,250 Consolidated Loan 035-G02-0220-5112 25,000 (Note: "Project" funds may 035-G02-0210-5030 73,333 be used only for Iow/mod 035-G02-0210-5042 35,317 individuals. Subtotal 25,000 108,650 133,650 Washington Park Rehab 035-G00-0020-5283 119,883 035-G02-0210-5282 82,000 Subtotal 119,883 82,000 201,883 General Admin 035-G02-0210-5035 20,000 20,000 TOTALS $279,883 $205,000 $20,000 $504,883 11 ofll CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #2-236-237 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35498-080601 authorizing acquisition and demolition of certain property located at 2565 Beverly Boulevard, S. W., bearing Official Tax No. 1630614, owned by Mr. and Mrs. Mark Reynolds, and located in the floodplain of Mud Lick Creek for consideration of $109,000.00 under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant. Program, upon certain terms and conditions; authorizing the closing of the Garden City Hazard Mitigation Grant Program grant; and dispensing with the second reading of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. MFP:mh Attachment H:XAgenda.OlXAugust 6, 2001 correspondenc.wpd Sincerely, Mary F. Parker, CMC City Clerk Darlene L. Burcham Page 2 August 8, 2001 pc: Mr. and Mrs. Mark Reynolds, 2565 Beverly Boulevard, S. W., Roanoke, Virginia 24015 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer H:~Agenda.01~August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35498-080601. AN ORDINANCE au.thorizing the acquisition and demolition of certain property located in the floodplain of Mud Lick Creek under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program, upon certain terms and conditions; authorizing the closing of the Garden City Hazard Mitigation Grant Program grant; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the necessary documents, upon form approved by the City Attorney, to acquire the real property located at 2565 Beverly Boulevard, S.W., and bearing Official Tax No. 1630614, owned by Mr. and Mrs. Mark Reynolds, for the consideration of $109,000.00, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program, and the demolition of the structure located thereon, and upon the terms and conditions contained in the City Manager's August 6, 2001, letter to City Council. 2. Upon completion of the demolition of the structure located on this property, the Garden City Hazard Mitigation Grant Program grant is to be closed in accordance with the requirements of the Federal Em.ergency Management Agency. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk N:\CADC'~easures\O-LA-Flood Plain (Mud Lick Cdc) (8-06-01) 5.a.8. Office of the City Manager August 6,'~001 ......... ~ Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Property Acquisition in the Flood Plain In 1998, the City of Roanoke was awarded a grant from the Federal Emergency Management Agency (FEMA) through its Hazard Mitigation Grant Program. Through this grant the City has acquired and demolished 34 homes located in the floodplain. The program is voluntary, and some homeowners in the Garden City area, whose homes are located in the floodplain, have chosen not to participate in the project. Funds remaining in the account ($140,440 in account number 008-052-9696) are available to acquire another home that is located in the floodplain of Mud Lick Creek at 2565 Beverly Boulevard, S.W. The property owners, Mr. and Mrs. Mark Reynolds, have appeared at City Council meetings several times in the past few years to discuss the flooding of their home (see attachments for details). Mr. Reynolds reports that his property has flooded 11 times in the 15 years he since he purchased it. They are willing to sell their home to the City for its removal from the floodplain. The property has been appraised twice; the Reynolds initiated one appraisal last fall for $113,000 and one appraisal for $105,000 conducted in June, was initiated by the City of Roanoke. Mr. and Mrs. Reynolds have signed a purchase agreement for $109,000, the average of the appraisals. The current renters will be relocated, following the requirements of the grant. After the relocation, the home will be demolished. Authorization is needed to move forward with procurement of title work, document preparation related to acquisition of the necessary property rights and the eventual demolition of the structure. Recommended Actions: Authorize the City Manager to execute the necessary documents, in a form approved by the City Attorney to purchase the real property owned by Mr. and Mrs. Mark Reynolds at 2565 Beverly Boulevard, S.W., Tax Map Number 1630614, for the City of Roanoke. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us The Honorable Mayor and Members of Council August 6, 2001 Page 2 Authorize the demolition of the structure and close the Garden City Hazard Mitigation Grant Program grant in accordance with the requirements of the Federal Emergency Management Agency. Respectfully submitted, Darlene L. Bur~:~m City Manager DLB/MPC/bls Attachments: 2 c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00163 Office ot the Ci~ Manager A~oril 2, 1998 The Honorable David A. Bowers, Mayor and Members of Ci~ Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Flooding at2565 Beverly Boulevard We believe that several pmpe~ owners from the vicinity of Grandin Road and Beverly Boulevard may attend Council's meeting on Monday, Apdl 8, 1998, for the purpose of discussing flood problems in the 2500 block of Beverly Boulevard. Mr. Mark Reynolds lives at 2565 Beve~ Boulevard and is likely to be the spokesperson for this group. In 1972 the Virginia Department of Transportation (VDOT) reconstructed the bridge over Mud Lick Creek on Grandin Road. At that time the location was not in the corporate limits of the city of Roanoke. The house nearby at 2565 Beverly Boulevard was constructed in 1974, ten years before there was a 100-year floodplain designated by the Federal Emergency Management Agency (FEMA). The subject location was designated as being in the 100-year floodplain and that was proven correct by inundation during the 1985 flood. In the last 14 years the subject property has periodically been flooded both in the yard and the finished basement. A majOrity of the rear yard of this property is located in the floodway, which isthe -deepest and highest velocity portion of the creek. Because the floodway is critical to the flow of water, filling or otherwise obstructing the flow of water is prohibited by the c~s floodplain o~inance. The restriction is a requirement of FEMA to help protect surrounding properties from additional flooding depths. However, this restriction can make floodplain propeRty owners feel that they have very few options for protecting their property. In 1997 Mr. Reynolds was cited for filling in the floodway and required to remove the fill material. Mr. Reynolds has also made a request that the city reconstruct the storm drain headwall located immediately downstream of the Gmndin Road bridge. This would require significant regrading of his rear yard and loss of most, if not all, of the large trees currently located along the creek bank. This work would not reduce the flooding depth at the Reynolds propeRty, but would reduce turbulence, erosion, and silt deposition. Room304 MuntcipalSoutn 215Churcl~Avenue.$.W. Root'toke. Virginio 24011-1591 (540)853-2333 FAX(540)8,53-1138 CltyWe D ?~e'ww, ci.~'OOr'K~e,va,u~ Mayor Bowers and Mem[. · s of City Council April 2, 1998 Page 2 The Roanoke Valley Regional Stormwater Management Plan identifies 2565 Beverly Boulevard as a "Category 2" structure, meaning that it will flood to a depth of between 3 - 8 feet during a 100-year storm event. This location is not unique on a ci~ide basis, since the regional plan identifies 103 residential structures which will experience the same flood levels during a 100-year flood event. (Note: Since the Regional Study did not include the Roanoke River, Garnand Branch, and Murdock Creek there undoubtedly are many more residential structures which would be in this category.) The regional plan did identify one potential stormwater retention pond in the Mud Lick Creek drainage basin. But its location in Roanoke County is such that it would have a nominal impact on the flooding downstream at 2565 Beverly Boulevard. The regional plan also identified 24 residential structures citywide which experience flood depths of 8-feet or greater during a 100-year storm event. FEMA is currently evaluating an application from the city for a Hazard Mitigation Grant to cover the purchase of these homes, similar to the purchase/relocation program in Garden City. At the present time there is no FEMA program available for Category 2 structures such as 2565 Beverly Boulevard. The property at 2565 Beverly Boulevard is in a 100-year floodplain. At the time the house was constructed there were no designated floodplains to preclude the issuance of a building permit. The property will continue to flood with increasing frequency as upstream development (mostly in Roanoke County) continues. The property owner can purchase federally-subsidized flood insurance, but cannot fill in the floodway. T'nere are similarly situated properties elsewhere in the city, some of which are inundated to an even greater extent than this location. At the present time there are no city capital improvement projects which would benefit this location, nor any known state or federal grant programs. if any member of Council has questions concerning this matter, please call me or Bill Clark at 853-2741. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: Mary F. Parker, Ci~ Clerk ~lbum C. Dibling, Jr., City Attorney James D. Gdsso, Director of Finance James D. Ritchie, Assistant City Manager William F, Clark, Director of Public Works Office of the ~':~ Informational Report January 25, 2000 The Honorable David A. Bowers, Mayor The Honorable C. Nelson Harris, Vice Mayor The Honorable W, Alvin Hudson The Honorable Carroll E. Swain The Honorable James O. Trout The Honorable William White, Sr. The Honorable Linda F. Wyatt Dear Mayor Bowers and Members of City Council: SUBJECT: PENDING COUNCIL ITEMS FLOODING ISSUES (~ 2565 BEVERLY BLVD. (TAX NO. 16306'14) At the April 6, 1998 City Council meeting, property owner Mark Reynolds appeared before City Council with concerns over repeated flooding of his home on Mudlick Creek. Heavy rainfall a few weeks earlier had threatened his home causing significant erosion and leaving deposits of mud and debris on his property. Mr. Reynolds has approached City staff and City Council on numerous other occasions requesting assistance on the repetitive flooding problems at his home at 2565 Beverly Blvd., S.W. Although stormwater studies have identified over 150 homes city-wide which would experience similar depths of flooding in a 100-year storm, Mr, Reynolds does appear to experience more repetitive flooding damage from the more frequent storms than most of the others identified. Because the City has purchased 41 flood-prone homes in the past few years, Mr. Reynolds has requested that his home be considered for purchase in the future. Background on the subject property in chronological order is as follows: 1943 1957 1972 1984 1985 1988 1993 1997 1997 1997 1998 Area annexed. House at 2565 Beverly Blvd. constructed. Grandin Rd. bridge over Mudlick Creek rebuilt by VDOT. FEMA floodplain identified at this location (Base Flood Elevation: 1002). High water elevation recorded at 1001.87. Mr. Reynolds purchased house at 2565 Beverly Blvd. FEMA floodplain revised at this location (Base Flood Elevation: 1004). Silt removed from under Grandin Rd. bridge by City of Roanoke. Owner cited for filling in the regulatory floodway and required to remove fill. Roanoke Valley Regional Stormwater Management Plan is completed and identifies this house as a "Category 2" structure (100-year flood depth of 3-8 feet) with current floodplain elevation of 1003 and a future (Year 2020) floodplain elevation projection of ~1005. (April 6, 1998) Mr. Reynolds addressed City Council at the Council meeting following flooding of his property on March 20, 1998. Room364 Municlpot$outh 215 Chu~ct~ Avenue, S,W. Roanoke, Virginia 24011-1591 (540)853-2333 CityWeD:www, c~. roanoke ,vo,u~ Informational Report RE: FLOODING ISSUES AT 2565 B~ERLY BLVD. January 25, 2000 Page2 1999 (April 5, 1999) Presentation is made on this matter to City Council & Planning Commission at working session by City Drainage Engineer, Greg Reed. 1999 Following the decline of offer to purchase by four "Category 1" (100-year flood depth of over 8 feet) homeowners in the 1998 Floodplain Mitigation Grant Program, Mr. Reynolds's house is considered for substitution under this grant program for possible purchase/relocation. Our records confirm that the flooding of this property has a long history and the recently completed Regional Plan predicts that it will only increase in the future. The 100-year flood elevation at this location is projected to increase by about 2 feet over the next 20 years as the upstream watershed develops. Although 75% (4,600 acres) of the Mudlick Creek watershed is located in Roanoke County, it would be incorrect to blame all of this flooding problem on the county. The 25 % (1,400 acres) of this watershed located within the City also contributes to high water on Mudlick Creek. In fact, the City's portion of this watershed is currently more highly developed than the County's. Current Situation: To help keep the bigger picture of Roanoke's flooding in perspective, we currently estimate there are over 1,400 floodplain buildings in the City of Roanoke. This means that about 1 out of every 25 buildings in the City is located in a floodplain. About 30% of these are commercial and 70% are residential. Of these, over 600 have flood insurance policies and pay about $628,000 annually in premiums. Even though the City has achieved a "Class 9" flood insurance rating which reduces our citizens premiums by 5%, flood insurance remains relatively expensive. The fact that Roanoke has had more dollars in flood-damage settlements than any other city in Virginia, may help us understand why there seems to be such a focus on flooding here. We are not "average" when it comes to flooding, we are at the top of the list. By participating in the National Flood Insurance Program, the City does make flood insurance available to our citizens who want to protect their floodplain investments. However, there are some types of damages, like flood damage to the lot outside of the home itself, which isnot covered. When this damage becomes frequent (as with the Reynolds's property), it c~n be both a safety hazard due to the high velocity of flash flooding as well as a financial drain. From the standpoint of a CIP solution to the flooding on Mudlick Creek, there currently are no drainage projects ident~ed which would significantly reduce the flooding at Mr. Reynolds's property. The only recommendation by the Regional Storrnwater Plan in this watershed is a regional detention basin located upstream of Highway 419. This basin is estimated to cost $3.2 million and would primarily benefit 20 floodplain homes all located in Roanoke County. This basin would have very little impact on reducing the flooding at the lower end of the watershed where the Reynolds property is located. Informational Report RE: FLOODING ISSUES AT 2565 BEVERLY BLVD. January 25, 2000 Page 3 Although many other ho_re, es in the City are located in the 100-year floodplain, it does appear that Mr~ Reynolds s property is one of the more vulnerable to repetitive flooding problems. Because the City has now purchased the most vulnerable houses which were identified in the Regional Stormwater Plan, and is working its way down the list, it would seem appropriate to consider the purchase of the Reynold's property, assuming Mitigation Grant funding can be secured. The initial steps in the application process required for FE~ grant funding has begun for this property. City Council will be kept appdsed of its progress. This is an informational report, and no.Council action is required. City Manager DLB/jgr/frn C: Mary F. Parker, City Clerk City Attorney Director of Finance Di~or of Public Works ,~Oirector of Utilities and Operations Mr, Mark Reynolds, 2565 Bevedy Blvd., Roanoke, VA 24015 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #2-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching, copy of Ordinance No. 35499-080601 providing for acquisition of certain property rights needed by the City to provide for correction of drainage problems for the Barnhart Street Drainage Improvement Project, described as Official Tax Nos. 2460328, 2460375, 2460367, 2460368 and 2460366, setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and dispensing with the second reading of the ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer H:~Agenda.0l~.ugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35699-080601. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Bamhart Street Drainage Improvement Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the correction of drainage problems under the Barnhart Street Drainage Improvement Project, the City wants and needs certain real property fights on property bearing Official Tax Nos. 2460328, 2460375, 2460367, 2460368 and 2460366, as set forth in the City Manager's letter and attachment dated August 6, 2001 ,to this Council. The proper City officials are authorized to acquire this property for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the property and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to offer the owner of the property such consideration as he deems appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisal, title rel~orts, preparation of necessary documents and recordation costs, shall not exceed $2,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owners of the properties to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owners be 'persons under disability lacking capacity to convey such property rights or should the whereabouts of the owners be unknown, the City Attorney, is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25- 46.8 or Section 33.1-119 of/he Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CADC'~asur~\O-LA-Barnhart(8-06-01) 5.a.9. Office of the City Manager August6,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Subject: Dear Mayor Smith and Members of City Council: PROPERTY RIGHTS ACQUISITION FOR BARNHART STREET DRAINAGE IMPROVEMENT PROJECT A study of the Forest Park watershed completed by Anderson & Associates identified over $11 million in drainage problems in this area. To begin to correct these problems, the first project selected for construction is located on Barnhart Street. The homeowners at 1320 Aspen, 2830 Barnhart and 2836 Barnhart have had their basements flooded due to this drainage problem. Construction of the Barnhart Street Drainage Improvement Project will address this drainage problem. Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachment #1 for a list of properties affected. It is anticipated that the necessary property rights will be donated. See Attachment #2 for exhibit of properties. Estimated expenses related to the acquisition of property should not exceed $2,000, which is available in capital project account 008-052-9688-9050, Miscellaneous Storm Drains. Room 364 Municipol South 215 Church Avenue, S.W. Roanoke, Virginio 24011-1501 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us The Honomble Mayorand Membem of Council August6,2001 Page 2 Recommended Action(s): Authorize the City Manager to acquire all property rights as shown on the attached list. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain, and include fee simple, permanent easements, temporary construction easements, rights of way, licenses or permits, etc. Respectfully submitted, City Manager DLB/sef Attachment(s): 2 C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #01-0164 ATTACHMENT 1 BARNHART STORM DRAIN PROJECT Tax No. 2460328 & 2460375 2460367 & 2460368 2460366 Property Owner First Choice Homes, LLC William & Grace Smith Robert Johnson, Sr. Property Rights DE, TCE DE, TCE DE, TCE Legend: DE - Drainage Easement TCE - Temporary Construction Easement ATTACHMENT #2 ~06 4'60807 ABBOTT 2460566 Z I WELLSLEY [] 2460364 .0 2460363 2460367 2460368 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-236-305 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35501-080601 authorizing acceptance of funding from the Department of Criminal Justice Services for Sanctuary's Aggression Replacement Training and Education Program, in the amount of $52,714.00, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Letitia E. Malone, Juvenile Justice Administrator Barry L. Key, Director, Management and Budget H:XAgenda.01XAugust 6, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35501-080601. A RESOLUTION authorizing the acceptance of funding from the Department of Criminal Justice Services for Sanctuary's Aggression Replacement Training and Education Program; authorizi.ng the City Manager to execute the necessary documents in order to accept these 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 accept the $52,714.00 in 2001-2002 funding from the Department of Criminal Justice Services, Grant #02-C3256JJ01, for Sanctuary's Aggression Replacement Training and Education Program. 2. The City Manager is hereby authorized to execute the required Grant Acceptance, Request for Funds, and any other documents required by the Department of Criminal Justice Services necessary to accept these funds, all to be in form approved by the City Attorney. ATTEST: City Clerk. N:\CADC'uMeasures~-Grant-Juvenile Justice (ARTEP) (8-06-01 ) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-236-305 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35500-080601 amending and reordaining certain sections of the 2001-2002 General and Grant Funds Appropriations, in connection with appropriation of funds for the Juvenile Justice and Delinquency Prevention Title II grant funds, from the United States Department of Criminal Justice Services, to be used for the City's Sanctuary Crisis Intervention Aggression Replacement Training and Education Program. The abovereferenced measure was adopted by the Council of' the City of Roanoke at a r.egular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc." Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Letitia E. Malone, Juvenile Justice Administrator Barry L. Key, Director, Management and Budget H:~Agenda.0l~August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35500-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Judicial Administration Juvenile and Domestic Relations Court Services (1) ................ Health and Welfare Hospitalization Programs (2) .................................. Nondepartmental Transfer to Other Funds (3) ................................... $ 6,287,825 1,530,303 $ 27,340,551 44,446 $ 66,715,858 65,947,191 Grant Fund Appropriations Health and Welfare Aggression Replacement Training and Education Program FY0.2 (4-15) ............................................. 3,410,284 70,286 Revenues Health and Welfare Aggression Replacement Training and Education Program FY02 (16-17) ............................................ 1 ) Residential/Detention Services 2) Fees for Professional Services 3) Transfer to Grant Fund 4) Regular Employee Salaries 5) Temporary Employee Wages 6) ICMA Retirement 7) ICMA Match 8) FICA 9) Medical Insurance 10) Dental Insurance 11 ) Life Insurance 12) Disabili.ty Insurance 13) Telephone 14) Administrative Supplies, 15) Local Mileage 16) State Grant Receipts 17) Local Match (001-121-2130-2008) $ (10,018) (001-630-5330-2010) (7,554) (001-250-9310-9535) (035-630-5095-1002) (035-630-5095-1004) (035-630-5095-1115) (035-630-5095-1116) (035-630-5095-1120) (035-630-5095-1125) (035-630-5095-1126) (035-630-5095-1130) (035-630-5095-1131) (035-630-5095-2021) (035-630-5095-2030) (035-630-5095-2046) (035-630-5095-5095) (035-630-5095-5096) 17,572 44,414 7,467 4,857 1,300 4,255 5,040 4O4 395 114 54O 5OO 1,000 52,714 17,572 $ 3,410,284 70,286 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.10. Office of the City Manager August6,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Acceptance of Juvenile Justice and Delinquency Prevention Title II Grant funds from the Department of Criminal Justice Services for Sanctuary's Aggression Replacement Training and Education Program (ARTEP) Background: The Aggression Replacement Training and Education Program (ARTEP) is an anger control program for assaultive youth operated by Sanctuary Crisis Intervention staff. The program is designed to increase public safety and encourage participating youth to take responsibility for their behaviors. This is accomplished through their court-ordered participation in a ten-week program that includes bi-weekly group sessions and periodic contacts at home and school. ARTEP provides juvenile court judges with a less costly alternative to incarceration of juvenile offenders. Further, the pilot for this program had a 94% success rate and continues to be a valuable addition to the continuum of services available for the treatment of youthful offenders. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci,roanoke,va.us Honorable Mayor and Members of City Council August 6, 2001 Page 2 This is the third year in a five-year funding cycle. Revenue from Juvenile Justice and Delinquency Prevention (JJDP) has decreased to 75% of the project total in this the third year. The local cash match this year is $17,572. Recommended Action(s): Adopt a resolution accepting the $52,714.00 in 2001-2002 funding from the Department of Criminal Justice Services, Grant #02-C3256JJ01, for Sanctuary's Aggression Replacement Training and Education Program. Authorize the City Manager to execute the required Grant Acceptance, Request for Funds and any other forms required by the Department of Criminal Justice Services in order to accept these funds and transfer $7,554 from Account No. 001-630-5330-2010, State and Local Hospitalization; and $10,018 from Account No. 001-121-2130-2008, Residential Detention Services, to an account to be established by the Director of Finance for the ARTEP Program. Appropriate $70,286.00 in state and local funds to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A. Respectfully submitted, City Manager DLB:tem Attachment C: Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human/Social Services Letitia E. Malone, Juvenile Justice Administrator #CMO1-00165 ARTEP FUNDS 2001/2002 Account Set-up Transactions Account No. Description Amount Revenue-2001/2002 DCJS grant $52,714.00 Revenue- Local match 17,572.00 Total Revenue $70,286.00 Expenditures: -1002 Regular Salaries $44,414 - 1004 Temporary Employees 7,467 1115 ICMA 4,857 1116 ICMA Match 1,300 1120 FICA 4,255 1125 Health 5,040 ! 126 Dental 404 1130 Life 395 ! 131 Long term disability 114 2021 Telephone 540 2030 Administrative Supplies 500 2046 Travel/Mileage 1,000 Total Expenditures $70,286 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-293-336 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35503-080601 authorizing execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley, for the period July 1, 2001 through June 30, 2002. The abovereferenced measure was adopted by the Council of' the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: R. Matthew Kennell, President, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, S. E., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Management and Budget N:\CKMHlX, Agenda.01XAugust 6, 2001 correspondenc.wpd THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35503-080601. ARESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respex:tively, an agreement with the Roanoke Valley Convention and Visitors Bureau, for a term of one year, from July 1, 2001 through June 30, 2002, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and mark~ing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's r~port to this Council datod August 6, 200I. 2. The contract amount authorized by this resolution shall not exe~d $828,940 without further Council authorization. 3. Such agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. I:\Clerk~vcvb CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-293-336 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35502-080601 amending and reordaining certain sections of the 2001-2002 General Fund Appropriations, providing for appropriation and transfer of funds, in the amount of $287,500.00, in connection with an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley for fiscal year 2001-02. The aboVereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Management and Budget H:XAgenda.0 lXAugust 6, 2001 correspondcnc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35502-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund Appropriations, and'providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development $ 4,814,898 Memberships and Affiliations (1-2) ............................. 2,067,115 1) Marketing Initiative 2) Convention and Visitors Bureau (001-300-7220-3689) (001-300-7220-3702) $ (287,500) 287,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.11. Office of the City Manager August 6, 2001 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William Carder, Vice-Mayor William Bestpitch, Council Member Nelson Harris, Council Member Alvin Hudson, Council Member William White, Council Member Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: FY 2001-2002 Roanoke Valley Convention and Visitors Bureau Agreement The City of Roanoke has annually entered into an Agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tourism site. As part of the FY01/02 Annual Operating budget adopted by City Council, the Memberships and Affiliations budget included funding of $541,440 specifically designated for the RVCVB. An additional $287,500 was designated for marketing efforts. The availability of the $287,500 equates to revenue increases expected from a corresponding increase in the transient room tax. The City has negotiated a one year agreement commencing July 1, 2001 (attached) with the RVCVB detailing the use of these funds. The RVCVB submitted a detailed budget and work plan to the City Manager for review and approval. Recommendation: Authorize the City Manager to execute an Agreement in the amount of $828,940 with the RVCVB, upon form approved by the City Attorney, substantially similar to the one attached hereto for the express purpose of marketing the Roanoke Valley as a regional Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (1540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va,us Honorable Mayor and Members of Council August 6, 2001 Page 2 destination for convention and destination tourism. Authorize a transfer of funding in the amount of $287,500 from account 001-300-7220-3689, Marketing, to account 001-300- 7220-3702, Convention Bureau. Respectfully submitted, City Manager DLB:ean Attachments c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development #CM01-00168 AGREEMENT THIS AGREEMENT, dated July 1, 2001, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinafter "City"). WHEREAS, the RVCVB is a "REGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration of hotels, conference center, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result of the RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for Visitors, including tourists, conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to appropriate $828,940 to the RVCVB for the express purpose of increasing tourism activities, which is an increase of $287,500 from last year's appropriation; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these purposes. C:WIyFiles\WPDOCS\cc-agree-rvcb.doc - 1 - THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: 1. Term. The term of this Agreement shall be for a one year period, from July 1, 2001, through June 30, 2002. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not limited to: (a) Direct sales programs. (b) Sales promotions. (c) Servicing conventions. (d) Marketing/communications. (e) Identify product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. (g) Staff and run a Visitors' Center. (h) Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than July 30, 2001, the RVCVB shall submit to the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. Such items shall detail how the additional funds over last year's appropriation will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 24, 2001 in order that any necessary modifications be settled upon on or before August 31, 2001. Monthly reports outlining progress on convention sales, tourism activities and groups booked, C:LMyFiles\WPDOCS\cc-agree.rvcb.doc -2- bus tour activity, bookings and other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City's Director of Economic Development. The lack of any written response by the City's Director of Economic Development requesting redirection of efforts within ten (10) days of receipt of each monthly report, will denote satisfaction with RVCVB efforts. 4. Funding. The City agrees to provide funding to RVCVB in the amount of Eight Hundred Twenty-Eight Thousand Nine Hundred Forty Dollars ($828,940). The total amount shall be paid quarterly in equal payments of $207,235.00 on or before the last day of July 2001, September 2001, December, 2001 and March 2002. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. RVCVB shall not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the City under this Agreement, where the amount of such contract is $5,000 or more, without written authorization of the City Manager unless the nature of the goods or services to be acquired were disclosed in the work program or annual plan and budget submitted for the year. 6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both monthly P&L and Income Statements as well as an audited financial statement shall be made available to the City upon request. Additionally, RVCVB shall make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall inform the City's Director of Economic Development on a regular basis of work in progress at the C:~VlyFiles\WPDOCS\cc-agree-rvcb.doc -3 - RVCVB. A representative from the City shall have the right to be present at any formal bid presentations made to any potential group meeting or business meeting. 8. Board of Directors. City Council shall appoint one of its members and one other person as members of the Board of Directors of the RVCVB. Such appointees shall have full voting rights and privileges during the term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the City Manager, the City's Director of Economic Development, the Chairman of the Hotel Roanoke Conference Center Commission or his designee, and the Chairman of the Roanoke Civic Center Commission or his designee, shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. To the extent permitted by law, each party shall indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgements advanced against it or its officers, agents or employees, and for expenses it may incur in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies of commercial general liability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims arising out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its C:hMyFiles\WPDOCS\cc-agree-rvcb.do¢ -4- officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates of insurance for each of the above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided by this certificate shall not be canceled or materially altered except after thirty (30) days written notice has been provided to the City of Roanoke." 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage prepaid, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S. W. Roanoke, Virginia 24011 And Director of Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 24011 (b) If to the RVCVB: Executive Director Roanoke Valley Convention and Visitors Bureau Marketplace Center 114 Market Street Roanoke, Virginia 24011 C:hMyFiles\WPDOCS\cc-agree-rvcb.doc -5- or at such other address as each party may designate for itself by giving at least five (5) days prior written notice to the other party. 13. A. Nondiscrimination. During the performance of this Agreement, the RVCVB agrees as follows: 1. RVCVB will not discriminate against any subcontractor, 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 RVCVB. RVCVB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCVB will state that RVCVB is an equal employment oppommity employer. 3. 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. C:WlyFiles\WPDOCS\cc-agree-rvcb.doc -6- B. RVCVB will include the provisions of the foregoing subparagraph (A)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 14. Termination. The City may terminate this Agreement at any time ifRVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded. Upon termination of this Agreement, the number of City representatives on the Board of Directors of RVCVB shall be reduced to two (2). In such event, the City Manager shall designate the City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days of termination of the contract, the President of RVCVB shall make the designation. 15. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 16. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by RVCVB 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 Agreement or a waiver of any other breaches of the Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all the terms and conditions of the Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. 17. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. C:WIyFiles\WPDOC S\cc-agree4vcb.doc -7- 18. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be executed and sealed by their respective authorized representatives. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: Printed Name and Title By Darlene L. Burcham, City Manager ROANOKE VALLEY CONVENTION AND VISITORS BUREAU By: Printed Name and Title Approved as to form: City Attomey Approved as to execution City Attorney Appropriation & Funds required for this Contract certified: Director of Finance Account No. Date: C:hMyFiles\WPDOCS\cc-agree-rvcb.doc -8- )ANOKE VALLEY of Virginia 2001-2002 MARKETING PLAN DESCRIPTION Overview: The Roanoke Valley Convemion and Visitors Bureau (RVCVB) is aggressively pursuing convention, meetings, leisure and sports markets. Additionally, the RVCVB has worked with local attractions, hotels, etc. to develop and market packages to both the general public and to preformed groups. Specific geographic and niche markets have been targeted and pursued aa resources allow. This program will allow the Bureau to increase frequency in its main geographic market (Northern Virginia and Washington, DC). Additionally, the Bureau will look to increase its presence in specific niche markets through expanded media and direct mail. Convention Marketing Conventions and meetings remain a key component in the Bureau's overall marketing program. The D-Day Memorial's official opening is an excellem entr6e into the Military Reunion market nationwide. Continued emphasis on the SMERF markets is also paying dividends. Primary emphasis, however, will continue to be placed in the Nortbem Virginia/Washington, DC meetings market through the Greater Washington Society of Association Executives. This emphasis also enhances the efforts being conducted for leisure travelers in the same market. ' Leisure Marketing Leisure marketing efforts will continue to focus on markets within a half-day's drive, primarily the Northern Virginia/Washington, DC area. Incorporating electronic media with the existing print campaign will both raise visibility for the Roanoke Valley, aa well aa allowing for increased market diversification/xtiche marketing. Leisure marketing efforts will also corrlplimem Convention marketing in the Northern Virginia/Washington, DC market. Sports Marketin~ With the development of a Sports Facilities Guide last year, the Bureau is now beginning to aggressively pursue sporting events through a combination of direct mail and tradeshows. Targeted markets include Amateur Athletic Union events, National Association of Sports Commissions, National Softball Association, NCAA and Gravity Roanoke Valley Convention & Visitors Bureau 114 Market StreW, Roanoke, Virg~ia 24011-1402 * 540-342-60251* I-$00-635-5535 * Fax: 540-342-7119 * www.visitroanokeva.com Games. Within these groups the Bureau will continue to focus on youth-oriented sports compatible with the facilities found in the Roanoke Valley. Package Development/Niche Markets .The creation of marketable, niche-oriented packages is still a Bureau priority. With the success and expansion of the current Golf Package Program, the Bureau is working on the development ora Family Fun Package utilizing area attractions and hotels. This package will include both cultural and traditional attractions and provide a variety of lodging options. Other niche markets include the African-American market and Arts and Culture. Although no "package" currently exists for these markets, as demand increases, so will the potential for packages. Each of the four areas mentioned above are integral to the success of the Bureau in bringing visitors to the Roanoke Valley. MARKET RESEARCH Situation Analysis: Research indicates that the Roanoke Valley has seen a 15% increase in lodging tax revenues last fiscal year and an 8% increase in lodging tax revenues in the current fiscal year. These increases are due, in part, to the increased marketing dollars received from last year's Co-op Program. With additional marketing dollars from the state and local jurisdictions, the Roanoke Valley Convention & Visitors Bureau can positively impact this growth rate by increasing visitation, length of stay and ultimately increase dollars spent in the Roanoke Valley and the Commonwealth. Goal/Mission: The Roanoke Valley Convention & Visitors Bureau and its partners are collectively pooling our resources together to further market this region as an exciting destination for leisure and convention travel. Target audier/ces and specific niche markets have been identified in part from research provided from VTC. The four proposed components within the cooperative marketing program address these growing markets. With additional marketing dollars and an aggressive marketing plan, The Roanoke Valley Convention & Visitors Bureau can increase both out of state and in state visitation throughout the year and build on shoulder seasons, while lengthening stay and generating repeat visitation. By accomplishing these goals,'we ultimately build the tourism industry by generating new tourism related jobs and most importantly increasing revenues in the Roanoke Valley and the Commonwealth. Target Market Information Target audiences and characteristics listed below are based in part from the research provided by VTC, Virginia Tech and local surveys. -\ Leisure Characteristics: · Married · Educated · Age: 36-54 · Job level - Professional, Management, Retired · Household Income Range - $30,000 - $70,000 · Repeat Visitor · Auto Traveler · Interests - Scenery and Recreational Opportunities, Parkway, Shopping Plan 1-2 months ahead for overnight trips (this is length of time is shortening) · Shorter trips, more frequently · Season for Visitors: Peak July and October · Purpose of Trip: Visit friends and family or shorter pleasure trips · Visitor Origins (States): VA, NC, NY, MD, and PA · Visitor Origins (DMAs): Washington D.C/Northern Virginia, New York, Philadelphia, Norfolk, Baltimore, Raleigh-Durham Package Development: · (Build on the above) · Packages becoming more attractive (one-stop shopping) · Persons traveling on Interstate-81 · Canada · Niches: Golf, heritage/cultural, outdoor recreation Convention Characteristics: · Market Segments: - Religious - Associations - Fraternal - Military Reunions · National, Regional, and Local Leve~ (that fit within our product) · Multi-property Groups - Minimum of 250 Total Room Night on Peak Night - Maximum of 11,000 attendees Sports Characteristics: · Youth Competitors , · Female Competitors · Groups appropriate for the Roanoke Valley's facilities 3 MARKETING PLAN Promotional Tools: Ali creative, media merchandising and fulfillment will be implemented through the RVCVB. The partners of the program and committees will assist in the planning of these areas. Creative Requirements: Advertisement design Brochure design Cable TV spot development Radio spot development Direct mail design Internet design Trade show/promotion design NOTE: All of the above will incorporate the 800#, web site address, and the VTC Virginia is for Lovers logo Media Merchandising: Trade/consumer publications and newspapers - Cable TV spots Radio spots - Direct mail Trade shows & consumer shows - Familiarization tours and site inspections Internet Brochure distribution Fulfillment Tools: Roanoke Valley Visitors Guide 200,000 Leisure Afl.kan-American Brochure 60,000 Leisure Heritage/Cultural Brochure 60,000 Leisure Roanoke Valley Meeting Planner's Guide 2,000 Convention Interactive CD ROM 1,000 Convention Golf Package Brochure 100,000 Packages Sports Venue Guide 1,500 Sports Marketing The fulfillment system will be implemented through the RVCVB. As inquiries come in from the various media merchandising sources, the RVCVB will fulfill the requests in a timely manner with the pertinent brochures. Tactics for Marketin~ Trade/consumer publications will be a key sales tool and used in all components'of the program. We will build on successful publications currently placed and target new publications, newspapers and possibly cable TV/radio in niche markets. Some niche markets will include golf, heritage/cultural, senior, sports and military/reunion convention publications. These niche markets will assist in boosting shoulder seasons as seasonal packages are created. Media selection will focus on Mid-Atlantic States with an added concentration in the greater Washington D.C. area. This geographical niche will be carried out through all components. Publications included but not limited to the following: Mass Media Publications: AAA Tourbook Better Homes & Gardens Blue Ridge Parkway Directory Good Housekeeping Parade Magazine Southeast Tourism Society Spring Insert Southern Living USA Weekends Virginia Attractions, Lodging and Dining Guide Vacations Virginia Travel Guide Virginia Fall and Spring Inserts Niche Media Publications: Golf: Golf Digest Golf Getaways (Canada) Virginia Golf Guide Washington Golf Monthly Heritage/Cultural: Heritage & Cultural Travel Guide American History Blue Ridge Country Civil War Times Smithsonian Magazine African-American: American Heritage American Legacy Black Meetings & Tourism The Washington Post Outdoor Recreation: Blue Ridge Country Blue Ridge Outdoors Seniors: Mature Outlook Travel 50 & Beyond Washington DC: American Homestyle & Gardening Bon Appetit Classic American Homes Country Living Gardner House Beautiful This Old House Traditional Home Washington Post Washington Post Magazine Sports Publications: Sports Business Journal Sports Travel Convention Publications: Association Meetings Convene Convention South Executive Update Mid-Atlantic Meetings & Conventions Magazines Religious Conference Manager RCMA Highlights Virginia Business ~ Electronic Medina The Roanoke Valley Convention & Visitors Bureau will be researching Cable TV and radio stations whose audience demographics most closely fit the Bureau's target market. Current funding levels may allow for some "spot: use of radio. A cost/benefit analysis will be performed to determine if TV is feasible at this time. Station being considered but not limited to the following: Cable TV: The Greater Washington Interconnect Lifetime USA A&E Nic at Night MSNBC Home & Gardens Travel Weather Radio: WRQX-FM WHUR-FM WASH-FM WBIG-FM Direct Mail: Direct mail will be used as a cost-effective way to reach new niche markets. Direct mail pieces will most likely be used in the convention project, sports marketing project and the packaging project. The convention direct mail will target additional military/reunions conventions, as it related to the opening of the D-Day Memorial, with a newly designed mailer. In addition, we will place a major emphasis on trade show in developing an overall campaign including direct mail (pre and post show mailers), advertising and show attendance. The sports marketing and packaging direct mail project will be a means to capture this audience with the new fulfillment piece. As new package programs are implemented, additional direct mail pieces may be created to build on shoulder seasons. The Bureau is currently maintaining an active database from inquiries. This database will be used for these programs. Trade Shows and Consumer Shows: Trade shows and consumer shows provide a means to target all components of this program. These shows provide an integral part of the selling process in that it allows the Roanoke Valley to make personal contacts and develop an interest in the area. The RVCVB plans to build on some of the existing shows and continue cooperative efforts with VTC and regional associations. Please see the following list of convention trade shows and the attached list of consumer and golf shows. Generally, RVCVB staff attends all the convention trade shows and brochures are simply sent for consumer and golf shows. ~ Convention/Sports Trade Shows Affordable Meetings American Society of Association Executives Destination Showcase Meeting World National Association of Sports Commissions Religious Conference Management Association Spring Market Place Greater Washington Society of Association Executives Amateur Athletic Union (AAU) Annual Conference Familiarization Tours and Site Inspections: Familiarization tours and site inspections are key to promoting the area in convention, sports marketing, group travel and travel writer programs. These trips consume dollars and staff time: however, once we have determined the level .of interest from the client a tour of the Valley can result in a very positive return on investment. In most cases, the tourism industry assists with these tours both financially and in-kind contributions. lnternet: The lnternet is one of the hottest marketing tools. The Roanoke Valley web site was recently updated to a dynamic information system. This has made the site more user- friendly, allowing visitors to search on categories and/or dates for events. The site will be updated and adjusted as technology changes. We will continue to build on Intemet partnerships, by working closely with Virginia Tourism Corporation's and member organization's web sites in supplying pertinent information and providing links. In addition, the Bureau will participate in Internet programs through trade publications offering listings and links as an incentive for advertising. The Internet also provides a means of tracking page views to determine visitor's interests. Within the guest book, the Bureau will give the viewer the opportunity to check a box if they wish to receive additional information. If checked, this name will be entered into a database for broadcast e-mail. This will allow the Bureau to inexpensively promote new programs, events, etc. on a regular basis. Additionally, we are looking into establishing gateway pages for niche markets. This will enable the Bureau to track specific markets and key publications. The web site address will be included on all materials. Brochure Distribution: Brochure distribution is an effective way to increase awareness of the Roanoke Valley as both a leisure and golf destination. Based on our research and as indicated in the Virginia 1998 NFO Poll, more people are travelling in Virginia to visit friends and family. The brochure corridor systems allow the Roanoke Valley to capture this visitor. AAA & Travel Agencies: ~ All research indicates that the leisure traveler is coming to the Roanoke Valley by automobile; therefore AAA and travel agencies play important role in the marketing plan. We will continue to host AAA familiarization trips on a regional basis. In addRion, the Bureau will plan regional trips to their organizations. This provides credibility and rapport with the individual agencies and their counselors. All literature will be mailed to AAA and travel agencies again providing additional exposure. All package programs will be commissionable, making them more attractive to agencies. PROGRAM MEASUREMENT DEVICE The Bureau will use a combination of measuring "tools" to determine the effectiveness of our programs. Each "tool" will be adapted to a component of the program. Convention Marketing: A combination of room nights booked, qualified leads generated and total number of attendees, compared to these same categories from the previous year, will give a strong indication of this component's performance. The next step will be to multiply room nights booked by average spending/delegate/day divided by program cost to determine R.O.I. Room Nights Booked X Average Spending/Delegate/Day X .045 * = Program Costs R.O.I. Leisure Marketing: (sample questionnaire attached) The RVCVB will use the conversion survey developed last year to randomly sample a statistically significant group of people responding to advertising through phone calls, mail inquiries and intemet. Based on this survey, R.O.I. can be determined as follows: % respondents who visited Roanoke Valley X Total it of inquires X Avg. S/Person/Day X .045 * Cost of Ad Program -- R.O.I. *.045 = state sales tax A similar formula will be developed using local taxes (lodging, admissions, and meals) Spons Marketing: The same process used for Convention Marketing can also be used for Sports Marketing. Package Development: Current Golf Package Program allows RV(}VB to obtain actual dollars generated from bookings. These can be compared directly against costs of promoting program for a direct R.O.I. New packages trader development will carry this same tracking component. 9 PROJECT TIMELINE Please see the following timelines for each component: Leisure Marketing Timeline Spring Summer Winter 2001 2001 2001/2002 Spring Summer 2002 2002 Ad Creative Ad Placemem Ad Distribution Brochure Desi Brochure Distribution Fulfillment Interact ~dates Trade Shows Tracking/ Conversion Studies * Bars indicate intermittent occurrence throughout this time frame. This program is ongoing; however we will use the end of the Fiscal year (June 30, 2002) as the completion date of the program. Package Development Timeline Spring Summer 2001 2001 Winter Spring Summer 2001/2002 2002 2002 Ad Creative Ad Placement Ad Distribution Brochure Design~ Brochure Distribution Fulfillment Intemet ~tes Trade Shows Direct Mail Tracking/ Conversion Studies * Bars indicate intermittent occurrence throughout this time frame. This timeline includes the ongoing golf package program as well as new package development. We will use the end of the Fiscal year (June 30, 2002) as the completion date of the program. 10 Convention Marketing Timeline Spring Summer Winter 2001 2001 2001/2002 Spring Summer 2002 2002 Ad Creative Ad Placement Ad Distribution Brochure Distribution Fulfillment Internet ~dates Trade Shows Direct Mail Fam Tours/ Site Inspections Tracking/ Conversion Studies * Bars indicate intermittent occurrence throughout tliis time flame. This program is ongoing; however we will use the end of the Fiscal year (June 30, 2002) as the completion date oftbe program. As a result of the nature of the convention market, a formula will need to be determined to calculate potential future business. Sports Marketing Timeline Spring I Summer lEan l Winter I Spring I Summer Ad Creative Ad Placement Ad Distribution Brochure Distribution Fulfillment Intemet Trade Shows Direct Mail Fam Tours/ Site Inspections TmckingJ Conversion Studie~s * Bars indicate intermittent occurrence throughout this time frame. II This program is ongoing; however we will use the end of the Fiscal year (June 30, 2002) as the completion date of the program. As a result of the nature of the sports market, a formula will need to be determined to calculate potential future business. 12 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-183-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35504-080601 authorizing the City Manager's issuance of Change Order No. 1 to the contract with Adams Construction Company, to repave additional streets within the City of Roanoke, in the amount of $150,685.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jack C. Lanford, Adams Construction Company, P. O. Box 12627, Roanoke Virginia 24027 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works H:XAgenda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35504-080601. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Adams Construction Company to repave additional streets within City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 1 to the City's contract with Adams Construction Company for the repaying of additional streets within the City of Roanoke, all as more fully set forth in the City Manhger's letter to this Council dated August 6, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $150,685.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORI)-GENXO420 l-Adams (Paving conWact) (8-06-01) 5.a.12. Office of the City Manager August 6, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Change Order No. 1 2001 Paving Program Adams Construction Company, 523 Rutherford Avenue, N.E., Roanoke, VA 24016, was awarded a contract in the amount of $1,969,602.91 on a unit price basis at the May 21, 2001 meeting of City Council to repave various streets within the City of Roanoke. A review of the Paving Program Budget, account number 001-530-4120-2010, has shown that $150,685 is available for additional street resurfacing. The contract provisions allow the City to add streets to the contract while the unit prices and completion dates are unchanged. Approval of this contract change order will enable the paving of 5 additional lane miles, bringing the paving program cumulative total to 57 lane miles. A list of the additional streets to be paved is provided in Attachment 1. Recommended Action: Authorize the City Manager to execute Change Order No. I in the amount of $150,685 with Adams Construction Company to repave additional streets within the City of Roanoke. Res~ectfu, lly, /,~. Darlene L. Bur~.,,~m City Manager DLB/KHK/gpe Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, P.E., Director of Public Works #CM01-00169 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us Attachment 1 Change Order #1 - 2001 Paving Program Additional Streets To Be Paved Quadrant Location Priority NW 27th Street from Shenandoah Avenue to Centre Avenue III NW Clifton Avenue from Forest Park Boulevard to Aspen Street II NW Florida Avenue from Lafayette Boulevard to Andrews Road II NW Mercer Avenue from 10th Street to 13th Street II NW Michigan Avenue from Polk Avenue to Westside Boulevard II NW Polk Avenue from Michigan Avenue to Westside Boulevard II NW Tyler Road from Van Buren Street to Westside Boulevard II NW Van Buren Street from Michigan Avenue to Westside Boulevard II SE Murray Avenue from 6th Street to 9th Street II SW Persinger Road from Colonial Avenue to Brambleton Avenue I Priority Completion Date I September 15, 2001 II October 15, 2001 III December 1, 2001 CITY OF R O,4NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #24-356 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35505-080601 amending §11.1-6, Erosion and sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (i) to require the identification of the person responsible for carrying out a land disturbing activity. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:~,Agenda.01 ~August 6, 2001 correspondenc.wpd Darlene L. Burcham August 8, 2001 Page 2 pc: The The The The The The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court Honorable Vincent A. Lilley, Judge, General District COurt Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Transmitted by electronic mail to Municipal Code Coi'poration Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn S. Lander, Department of Planning and Code Enforcement George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer H:~Agenda.01 ~August 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35505-080601. AN ORDINANCE amending § 11.1-6, Erosion and sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (i) to require the identification of the person responsible for carrying out a land disturbing activity; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 11.1-6, Erosion and sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 11.1-6. Erosion and sediment control plan. (i) Any plan approved after July 1,2001, or any plan amended and approved after that date, shall include on it the name of the person who will be in charge of, and responsible for, carrying out the land disturbing activity, as well as that person's address and telephone number, and either that person's certificate number, showing that the person holds a Responsible Land Disturber Certificate, br any equivalent recognized as such by the Virginia Department of Conservation and Recreation, or that person's license number, showing that the person is a professional engineer, land surveyor, landscape architect or architect, or any equivalent recognized by the Virginia Department of Conservation and Recreation. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-CA\O-CA-ErosSed Conu'ol (i) (PH 8-06-01) 5.a.13. Office of the City Manager August 6, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject' Erosion and Sediment Control Ordinance amendment- Responsible Land Disturber (RLD) Certification Background: The General Assembly recently amended Section 10.1-563 of the Virginia Erosion and Sediment Control Law, Section 10.1-560, et seq. Effective July 1, 2001, the amendment requires that all land disturbing projects which require approval of an Erosion and Sediment Plan and issuance of a Land Disturbing Permit to name an individual who will be responsible for the land disturbing activities for that project. This individual will be required to hold a Responsible Land Disturber (RLD) certificate. Consideration: The Virginia Department of Conservation and Recreation (DCR) has developed course material for individuals to become certified. Individuals currently certified by DCR as contractors, inspectors, plan reviewers, administrators or combined administrators will be considered an RLD without further training. Persons holding a valid Virginia Professional Engineer, Land Surveyor, Landscape Architect, or Architect license will also be considered an RLD without further training, certification or fees. For all land disturbing activities the landowner will remain ultimately responsible for compliance with all erosion and sediment control regulations. The individual named as the RDL will be responsible for, and in charge of, carrying out the land disturbing activities for that project. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 Persons and entities submitting erosion and sediment control plans for approval after July 1, 2001, will be required to identify, on the plans submitted for approval, the individual named as the RLD. This information will also be shown on the Land Disturbing Permit. Recommendation: Approve an amendment to the Erosion and Sediment Control ordinance as attached. The amendment is consistent with State Code and will enhance and clarify the City's existing Erosion and Sediment Control Ordinance. Respectfully submitted, Darlene L. Bu[~am City Manager DLB:mpf Attachments C~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Rolanda Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk #CM01-00171 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #2-166-207-227 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching, copy of Ordinance No. 35508-080601 authorizing execution of an Option Agreement by which the City of Roanoke grants an option to Roanoke Downtown Properties, LLC, or its assigns, to purchase certain City-owned property known as Official Tax Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W., and, upon exercise of the option, to execute an appropriate deed conveying the property, for the sum of $100.00; and dispensing with the second reading of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:XAgenda.01~ugust 6, 2001 correspondenc.wpd Darlene L. Burcham August 8, 2001 Page 2 pc: Wendy Zomparelli, President, Times-World Corporation, P. O. Box 2491, Roanoke, Virginia 24010 Michael M. Waldvogel, President, Roanoke Downtown Properties, LLC, 30 West Franklin Road, S. W., Suite 800, Roanoke, Virginia 24011 Lynn D. Avis, Chair, Industrial Development Authority, P. O. Box 11985, Roanoke, Virginia 24022 James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development Philip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:XAgenda.0 l~August 6, 200 ! correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35508-080601. AN ORDINANCE authorizing execution of an Option Agreement by which the City of Roanoke grants an option to Roanoke Downtown Properties, LLC, or its assigns, to purchase certain City-owned property known as Tax Parcels Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W., and, upon exercise of the option, the execution of an appropriate deed conveying the property; and dispensing with the second reading of this ordinance. BE iT ORDAINED by the Council of the City of Roanoke as follows: 1. Ttxe City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, an Option Agreement granting an assignable option to Roanoke Downtown Properties, LLC, to purchase certain City-owned property known as Tax Parcels Nos. 1010402 and 1010403, located at 143 Salem Avenue S. W., for the sum of $100.00, upon form approved by the City Attorney, and substantially in the same form as set forth in the City Manager's letters to this Council dated May 21, 2001, and August 6, 2001. 2. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, the appropriate deed of conveyance of this property. H:'~vfEASURES~o-sale 143 salem. 1 3. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk H:~EASURES\o-sale 143 salem. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #2-166-207-227 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35507-080601 authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (IDA), and the Times-World Corporation (Roanoke Times), that provides for the Roanoke Times to make an investment in the construction and development of certain property in the City; that the City will comply with the terms of a separate option contract to transfer two parcels of real property owned by the City in accordance with the terms of the Performance Agreement; that the City will make an appropriation of up to $500,000.00 to the IDA, all for the purpose of promoting economic development in order to fund the grant that the IDA intends to make to the Roanoke Times; and authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement the Performance Agreement. The abovereferenced meas0re was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:~S, genda.0t~A, ugust 6, 200l correspondenc.wpd Darlene L. Burcham August 8, 2001 Page 2 Attachment pc: Wendy Zomparelli, President, Times-World Corporation, P. O. Box 2491, Roanoke, Virginia 24010 Michael M. Waldvogel, President, Roanoke Downtown Properties, LLC, 30 West Franklin Road, S. W., Suite 800, Roanoke, Virginia 24011 Lynn D. Avis, Chair, Industrial Development Authority, P. O. Box 11985, Roanoke, Virginia 24022 James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development Philip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:~Agenda.01~August 6, 2001 correspondcnc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35507-080601. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City o£Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (IDA), and the Times-World Corporation (Roanoke Times), that provides for the Roanoke Times to make an investment in the construction and development of certain property in the City; that the City will comply with the terms ora separate option contract to transfer two parcels of real property owned by the City in accordance with the terms of the Performance Agreement; that the. City will make an appropriation of up to $500,000 to the IDA, all for the purpose of promoting economic development in order to fund the grant that the IDA intends to make to the Roanoke Times; authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement the Performance Agreement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on a behalf the City to execute and attest, respectively, a Performance Agreement among the City, the IDA, and the Roanoke Times, upon certain terms and conditions as set forth in the City Manager's letter to this Council dated August 6, 2001. The Performange Agreement is to be in a form approved by the City Attorney, and will provide that the Roanoke Times will make an investment for an expansion project in the City, that the City, by a separate option contract, will provide for the transfer 0ftwo parcels of City owned property upon certain terms and conditions, and that the City will make an appropriation of certain funds as hereinai~er set forth to the IDA upon certain terms and conditions. The Performance Agreement will be substantially similar to the one attached to the above mentioned letter. 2. The City will appropriate an mount up to $500,000 to the IDA for the purposes of promoting economic develoPment in the City and in order to fund the grant that the IDA intends to make to the Roanoke Times, upon certain terms and conditions, all as more fully set forth in the above mentioned letter. 3. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation and administration of such Performance Agreement. 4. In order to provide for the usual daily operation of the municipal government, an emergency i's deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk H:~M~m~noim ~ 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #2-166-207-227 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35506-080601 amending and reordaining certain sections of the 2001-2002 Capital Projects Fund Appropriations, in connection with purchase of certain City owned property described as Official Tax Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. er, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development Philip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget N:\CKMHlXAgenda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35506-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 23,075,355 Times - World Corporation Expansion Project (1) .................500,000 Fund Balance Reserved Fund Balance - Undesignated Capital Funds Interest Earnings (2) ........................................ $ 33,008 1) Appropriated from General Revenue (008-310-9687-9003) $ 500,000 2) Reserved Fund Balance - Capital Fund Interest Earnings (008-3325) (500,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.14. Office of the City Manager August 6, 2001 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Transfer of city property and Performance Agreement for Times World Corporation Expansion Project The City of Roanoke has been working with the Times-World Corporation ("Roanoke Times") to encourage them to undertake a $31 million expansion project in downtown Roanoke, as this would provide for the substantial retention of existing jobs and advance economic and urban development. On May 21, 2001 a public hearing was held to consider authorizing an assignable Option Agreement to convey two parcels of city owned real estate (identified by tax identification numbers 1010402 and 1010403) to Roanoke Downtown Properties, LLC or its assigns, as set forth in the City Manager's letter of May 21, 2001. This property, deemed critical to this project, would be transferred for consideration in the amount of $100.00 and other good and valuable consideration. No comments were received at the public hearing and this Option Agreement (attached hereto) now needs to be executed. Furthermore, the City will appropriate up to $500,000 to the Industrial Development Authority of the City of Roanoke, Virginia (IDA), which in turn will provide an economic development grant to the Roanoke Times upon certain terms and conditions as substantially set forth in the attached Performance Agreement (attached hereto). This grant will be made after the Roanoke Times project has been completed and is operational. After that time the IDA will provide the grant funds in the following increments: $250,000, first year; $150,000, second year; and $100,000 in the third year, in accordance with the Performance Agreement. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 Recommendation: · Approve the Option Agreement and subsequent conveyance of the real estate as described above to Roanoke Downtown Properties, LLC or its assigns. · Authorize the City Manager to execute an Option Agreement, substantially similar to the one attached, and deeds or any documents as may be necessary to accomplish the transfer of real estate as set forth above. · Approve the terms of the Performance Agreement between the City of Roanoke, the IDA and the Roanoke Times that will provide for a grant up to $500,000. · Authorize the City Manager to execute a Performance Agreement among the City, the Roanoke Times, and the IDA, substantially similar to the one attached hereto, and to execute such other documents and take such further action as may be necessary to implement the Performance Agreement, with the form of such Agreement to be approved by the City Attorney. · Appropriate $500,000 from undesignated capital funds to an account to be established by the Director of Finance in the capital projects fund. Respectfully submitted, City Manager DLB:ean Attachments C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Economic Development Director Phil Schirmer, City Engineer Lynn Avis, Chairman, IDA #CM01-00173 THIS OPTION AGREEMENT, made and entered into this day of 2001, by and between the CITY OF ROANOKE, VIRGINIA, Grantor, hereinafter referred to as "Owner," and ROANOKE DOWNTOWN PROPERTIES, LLC, Grantee, hereinafter referred to as "Optionee." WITNESSETH: WHEREAS, the Owner is the owner in fee simple absolute of the following real property, together with all improvements thereon and all rights and appurtenances thereunto pertaining, all of which is hereinafter referred to as the "Property": City of Roanoke Tax Parcels Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W. WHEREAS, the Optionee desires to enter into an option agreement for the purchase of the Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree and covenant as follows: 1. In consideration of the sum of One Hundred Dollars ($100.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged by the Owner, the Owner grants to the Optionee the sole and exclusive option to purchase the Property for the purchase price of One Hundred Dollars ($100.00), which shall apply to the purchase price if the option is exercised. 2. The exercise of this option to purchase the Property shall be made by Optionee delivering written notice of exercise of the option to the Owner not later than 5:00 p.m., on the 28th day of September, 2001, at such place as Owner may designate herein for the delivery of notices. The written notice shall be deemed to have been delivered to Owner upon delivery of the written notice to Owners last known address by either certified mail, return receipt requested, or by an overnight mail service. If Buyer does not exercise this Option Agreement by the aforesaid date, this Option Agreement shall be considered null, void and of no effect, unless the parties otherwise agree in writing. 3. This Option Agreement shall take effect at such time as the Times-World Corporation shall have executed a Performance Agreement with the City of Roanoke substantially similar to the one attached hereto as Exhibit A, relating to construction in the City, on property between First and Second Streets on Salem Avenue, of a new facility to house a new printing press and related facilities, constituting approximately 60,000 square feet, and at a cost of approximately $31,000,000. 4. In the event the Optionee exercises this option, the following provisions shall govern the settlement: a. At closing Owner shall deliver to Optionee a deed of Special Warranty conveying a good, marketable and insurable fee simple title to Optionee, free of all liens, encumbrances, and defects, and subject to such restrictions, covenants and easements as shall now be of record which do not affect the use of the property for Optionee s intended purposes, or render the title unmarketable. If a defect is found which is of such character that it can be remedied by legal action within a reasonable time, Owner shall, at Owr~rexpense, promptly take such action as is necessary to cure the defect. If such defect cannot be cured within a reasonable time, Optionee shall have the option of terminating any agreement to purchase the Property. b. At settlement, the Owner shall give and the Optionee shall take possession of the Property, free of all tenants and tenancies. The risk of loss by fire or other casualty is assumed by Owner until settlement. Optionee accepts the property in its present condition, "AS IS." Owner hereby makes the following warranties and representations which (2) (3) shall be effective as of the date of settlement: There are no existing boundary, water, or drainage disputes of which the Owner has any knowledge, except as noted herein. There are no actions or proceedings threatened against Owner to condemn all or any part of the Property. Owner has paid for all work, labor and materials furnished to the Property prior to the recording of the deed, and there will be no mechanics liens and/or the right of any person to file a mechanic's lien against the Property for any reason whatsoever. Settlement shall take place within thirty (30) days of the exercise of this option by Optionee, in the Office of the Optionee's attorney. Owner shall pay the expense of preparing the deed and the recordation tax applicable to grantors, if applicable. Except as otherwise agreed herein, all other expenses incurred by Optionee in connection with the settlement, including, but not limited to, title examination, insurance premiums, survey costs, engineering and other study costs, recording costs, loan document preparation fees, and the fee of Optionels attorney shall be borne by the Optionee. All taxes and assessments shall be prorated between the parties as of the date of settlement. Owner agrees to exercise ordinary and reasonable care in the maintenance and upkeep of the Property, ordinary wear and tear excepted, from the date of this Option Agreement to the date of settlement. The parties hereto represent to each other that no real estate agent or broker was involved in this transaction and each agrees to hold the other harmless from any claim for a commission by reason of any action on their part. The provisions contained in this Option Agreement shall not merge with the deed conveying the Property, but shall survive the execution and delivery of the deed. 4. Notices and other correspondence regarding this Option Agreement shall be delivered to the following addresses, or to such other or additional addressees as the parties may designate in writing: Owner: City of Roanoke cio Darlene L. Burcham, City Manager Room 364 Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Optionee: Roanoke Downtown Properties, LLC cio Michael M. Waldvogel 800 Professional Arts Building 30 Franklin Road, S. W. Roanoke, Virginia 24011 5. This Option Agreement shall be binding upon and enure to the benefit of the respective heirs, executors, personal representatives, successors in interest, and assigns of the parties. 6. This Option Agreement represents the entire understanding between the parties, and there are no collateral or oral agreements or understandings, and this Agreement shall not be modified unless in writing of equal formality signed by both parties. 7. This Option Agreement shall be construed according to the laws of the Commonwealth of Virginia. ATTEST: Mary F. Parker, City Clerk By CITY OF ROANOKE Darlene L. Burcham, City Manager ROANOKE DOWNTOWN PROPERTIES, LLC By Title: STATE OF VIRGINIA § CITYOF ROANOKE § To-Wit: The foregoing instrument was acknowledged before me this day of , 2001, by Darlene L. Burcham, City Manager, of the City of Roanoke, Virginia, a municipal corporation, on behalf of that corporation. My Commission expires: Notary Public STATE OF VIRGINIA § CITY OF ROANOKE § To-Wit: The foregoing instrument was acknowledged before me this day of , 2001, by , of Roanoke Downtown Properties, LLC, a limited liability corporation, on behalf of that corporation. $ C:2VIY DOCUMENTS\CC-TIME-OPTIONAGREEMENT.DOC My Commission expires: Notary Public APPROVED AS TO FORM: EXECUTION: APPROVED AS TO Assistant City Attorney Assistant City Attorney 6 C:~IY DOCUMENTS\CC-TIME-OPTIONAGREEMENT.DOC PERFORMANCE AGREEMENT This Performance Agreement (the "Agreement") is dated this ~ day of ,2001, by and among the City of Roanoke, Virginia, a municipal corporation ("City"), Times-World Corporation, a Virginia corporation, having its principal business location within the City of Roanoke ("Roanoke Times")~ and the Industrial Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laWs of the Commonwealth of Virginia ("IDA"). WITNESSETH WHEREAS, Roanoke Times has advised the City that it intends to undertake a major capital construction project within the City if it can acquire all necessary real estate, authorizations, easements, permits and other requirements, to house a new printing press and related facilities, to be located between First and Second Streets on Salem Avenue, constituting approximately 60,000 square feet for an estimated total construction and equipment cost of approximately $31 million (the "Project"); WHEREAS, Roanoke Times and the City agree that, if completed the Project would have a substantial beneficial effect upon the downtown Roanoke area, would provide for the retention of existing jobs and facilities within the City of Roanoke, and would otherwise advance economic and urban development in the area in a material and positive manner; WHEREAS, two parcels of real estate within the City of Roanoke (identified as tax identification numbers 1010403 and 1010402) (the "Parcels"), presently owned by City, are deemed by Roanoke Times to be critical to the success of the Project and conveyance of the Parcels as herein described is necessary for Roanoke Times to undertake the Project; WHEREAS, City desires that the Project proceed and therefore has granted Roanoke Downtown Properties, LLC, or its assigns (hereinafter collectively "Optionees"), an Option to purchase the Parcels for, among other consideration, the execution of this Agreement, and the City wishes to convey the Parcels as set forth in the option agreement and pursuant to this Agreement; WHEREAS, Roanoke Times has requested an economic development grant of $500,000 through the IDA to assist in the cost of the Project; WHEREAS, the City will appropriate an amount up to $500,000 to the IDA for the purposes of promoting economic development within the City; WHEREAS, the IDA, based on the undertakings of Roanoke Times, has determined to make an economic development grant of up to $500,000 to Roanoke Times with funds to be provided to the IDA by the City in accordance with the terms of this Agreement; and lt:/agmtstmanoketimesl~ffonnancea~mtfinal - 1 - WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this matter. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, mutually agree as follows: Section 1. Representations by Roanoke Times. Roanoke Times hereby represents as follows: A. Roanoke Times is a for-profit corporation, organized under the laws of Virginia, engaged in publishing newspapers and related activities within the City of Roanoke from its current location at 201 West Campbell Avenue, Roanoke, Virginia, and other locations; B. Roanoke Times has the present, bona fide intention to undertake the planning, development and construction of the Project upon obtaining all necessary and appropriate licenses, easements and similar approvals; and C; The completion of the Project, as cun'entlyplanned, will maintain and continue within Roanoke City substantial operations of Roanoke Times, will allow Roanoke Times to maintain substantially current levels of employment within the City and will involve substantial expenditures of approximately $31 million on development and construction of the Project within the City of Roanoke. Section 2. Exercise of Option and Transfer of Property. Pursuant to a separate option contract, the City has granted to Optionees the option to purchase the Parcels. If any Optionee exercises the option, City will transfer the Parcels to such Optionee for the total cash consideration of One Hundred Dollars ($100.00). Upon compliance by Roanoke Times with all remaining terms of this Agreement relating to the Parcels, that performance and said cash consideration of $100.00 will constitute the entire amount of consideration due and payable to the City by the Optionees or Roanoke Times for purchase of the Parcels except as otherwise provided in this Agreement. Section 3. Conditions. Except as set forth in the next following sentence, should Roanoke Times not provide reasonable documentation of and certify in writing to the City Manager of the City on or before January 30, 2004, that the Project has been substantially completed, Roanoke Times shall pay to the City, within thirty (30) days thereafter, the sum of One Hundred Thousand Two Hundred Dollars ($100,200.00), being the current total assessed value of the Parcels, with interest thereupon from the date of exercise of the option by the Optionee, until paid in full, at the prime rate of interest as H:/asmt~/roanoke tima peffotmanc~ agmt final - 2 - quoted in the Wall Street Journal on the last business day preceding January 30, 2004. Should the Project not be substantially completed by January 30, 2004, but should Roanoke Times present reasonable documentation to demonstrate, and certify to the City Manager, that construction progress is continuing and that delays in construction and completion of the Project have been encountered due to causes not reasonably within the control of Roanoke Times, and should the Project thereafter be substantially completed on or before January 1, 2005, or should the Project have been substantially completed on or before January 30, 2004, as aforesaid, upon provision of reasonable documentation of and certification of substantial completion by Roanoke Times to the City Manager, this Agreement shall be deemed completed as to the transfer of the Parcels, and any obligation or responsibility upon Roanoke Times' part to pay any further amounts whatsoever to City on account of the transfer of the Parcels shall forever cease, and all other obligations and responsibilities regarding the Parcels under this Agreement shall end. Section 4. Appropriation Amount. Subject to the tbrms of this Agreement, the City will appropriate an amount up to $500,000 to the IDA for the purposes of promoting economic development in the City in order to fund the economic development grant the IDA intends to make to Roanoke Times as set forth in this Agreement. Section 5. IDA Economic Development Grant. The IDA will make an economic development grant to Roanoke Times of up to $500,000 in order to provide assistance for the Project, all in accordance with the terms of this Agreement. The IDA's obligations hereunder are not general obligations of the IDA, but are speci.al obligations of the IDA limited to those funds which are provided hereunder by the City and received by the IDA. Section 6. Obligations of Roanoke Times. Roanoke Times agrees and promises that in order to qualify to receive the economic development grant from the IDA, Roanoke Times will do each of the following: Complete construction of a building or buildings in the area indicated on page 1 that will have approximately 60,000 square feet of space and contains a new printing press and related equipment with a total construction and equipment cost of at least $25 million dollars for the Project. B. Obtain a permanent certificate of occupancy for all the Project facilities. It will ensure that the Proj eot is substantially fully operational and producing products for retail purposes on or before January 1, 2006. Do It will operate the Project facilities in substantially full operation during all periods of time for which grant funds are requested and as set forth in Section 8. It:/~Sm~roanoke times I.~rformance aSmt final ' 3 ' Eo It will file all appropriate and applicable real estate tax, personal property tax, machine and tool tax, and other tax forms or notices with the City, ensure that it has received assessments from the City for such taxes, and it will have paid such taxes to the City for the completed Project facilities and equipment and not claim any exemptions from real estate taxes, personal property taxes, or machine and tool taxes for any periods of time for which grant funds are requested and as set forth in Section 8. Section 7. Distribution of Grant Funds. Subject to the payment schedule and amount set forth in Section 8, upon completion of the obligations set forth in Section 6 above, Roanoke Times may request in writing the IDA to obtain and provide the economic grant funds mentioned above in accordance with the schedule set forth in Section 8. Such request must be accompanied by sufficient documentation to establish to the reasonable satisfaction of the IDA and the City compliance with the obligations set forth in Section 6. Upon receipt of such request, and approval by the IDA (approved request), the IDA will forward the request to the City Manager and Director of Economic Development. The written grant request(s) from Roanoke Times to the IDA will be on a form approved by the IDA's counsel, such approval not to be unreasonably withheld. The IDA may disapprove any request that does not comply with the terms of this Agreement or require that a revised request be submitted, such approval not to be unreasonably withheld. After the IDA approves a request, the IDA will make a written request to the City for the distribution to the IDA of the City's appropriation of such funds. The City will process such request within 30 days of receipt thereof. Subject to Section 8, the IDA will make any approved payments to Roanoke Times within 10 working days from the date of receipt of the funds from the City; provided, however, that the IDA has no liability in the event the City delays processing the IDA's requisition. Section 8. Payment Schedule and Amount of Grant Funds. Upon compliance with the terms of this Agreement, approved grant funds will be paid by the IDA to Roanoke Times as follows: Ao $250,000 will be paid to Roanoke Times after May 31 of the year of the first approved request from Roanoke Times, with the date of the. first approval fixing the request date. Bo Upon approval of a second request for grant funds, $150,000 will be paid to Roanoke Times one year from the first request date or within 10 days thereafter. Co Upon approval of a third request for grant funds, $100,000 will be paid to Roanoke Times two years from the first request date or within 10 days thereafter. H:/agmta/manoke tira~ [nfformLnCe ~mt fimfl - 4 - All such requests and payments must be made no later than December 31, 2010. No requests will be considered or payments made after that date. Section 9. Payment of IDA's Fees. Roanoke Times and the City will pay on an equal basis the reasonable costs and expenses of the IDA in connection with this matter, including the reasonable fees of IDA's counsel, and Roanoke Times agrees that Roanoke Times share of such costs and expenses will not be paid from the grant funds. The IDA will submit itemized statements to Roanoke Times and the City for their respective part of such costs and expenses. Section 10. Reports to the City_. Roanoke Times will keep the City, through the City's Economic Development Director, reasonably advised of the progress of the Project during the term of this Agreement. Section 11. Compliance with Laws. Roanoke Times agrees, in undertaking and completing the Project, to comply with all applicable federal, state and local laws, rules and regulations. Section 12. Cooperation. Each party agrees to cooperate with the other in executing any documents, if any, which may be necessary to carry out the intent and purpose of this Agreement. Section 13. Severabilit?. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which will continue in full force and effect. The parties intend that the remaining provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Section 14. Authority to Sign. The persons who have executed this Agreement on behalf of the parties represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated, and upon such execution, this Agreement will be the binding obligation of each party, enforceable in accordance with its terms. Section' 15. Counterpart Copies. H:/asm~/roanoke tima Im'formane~ asmt final - 5 - · This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Section 16. Successors. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. Section 17. Nondiscrimination. A. During the performance of this Agreement, Roanoke Times agrees as follows: Roanoke Times 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 Roanoke Times. Roanoke Times agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Roanoke Times in all solicitations or advertisements for employees placed by or on behalf of Roanoke Times will state that Roanoke Times is an equal opportunity employer. 111. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Roanoke Times will use its best efforts to 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 18. Assignment. Roanoke Times agrees not to assign or transfer any part of this Agreement without the prior written consent of the City and the IDA, which will not be unreasonably withheld, and any such assignment shall not relieve Roanoke Times from any of its obligations under this Agreement. Section 19. Forum Selection and Choice of Law. By virtue of entering into this Agreement, Roanoke Times agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's choice H:/a~nta/manoke fira~ i~formane~ agmt final - 6 - · of laws provisions which shall not apply; and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Section 20. Non-Waiver. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party 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 Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiting the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the nondefaulting party from asserting any and all tights and/or remedies it has or might have against the defaulting party under this Agreement or at law. Section 21. Captions and Headings. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. Section 22. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE City Clerk By: Darlene L. Burcham, City Manager (SEAL) WITNESS: TIMES-WORLD CORPORATION By: Printed Name and Title Printed Name and Title H:/agmt~/manoke times ped'ormance agmt final - 7 - (SEAL) WITNESS: Margaret R. Baker, Secretary. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Lynn D. Avis, Chairman Approved as to Form: Approved as to Execution: City Attorney Date: City Attorney Date: Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # H:/~gml~/nolmok~ timea pe~orman~ ~mt fired ' 8 ' MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us August 8, 2001 File #162-472 STEPHANIE M. MOON Deputy City Clerk Fred Dodson, Marketing Consultant Manatron, Inc. 3011 South Memorial Drive Greenville, North Carolina 27834 Dear Mr. Dodson: I am enclosing copy of Resolution No. 35509-080601 accepting the bid of Manatron, Inc., for purchase of the Pro Val Computer Assisted Mass Appraisal System for the City of Roanoke's Office of Real Estate Valuation, upon certain terms and conditions, at a total cost of $119,635.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation James D. Grisso, Director of Finance Joseph D. Slone, Director, Department of Technology Barry L. Key, Director, Management and Budget Robert L. White, Manager, Purchasing lq:\CKMHl~Agenda.01XAugust 6, 2001 correspondenc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-i536 Telephone: (540) 853-2541 Fax: (540) g53-1145 E-mail: clcrk@ci.roanoke.va, us August 8, 2001 File #162-472 STEPHANIE M. MOON Deputy City Clerk MASI Mass Appraisal Systems, Inc. VISION Appraisal Technology Patriot Properties, Inc. Govern Software, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 35509-080601 accepting the bid of Manatron, Inc., for purchase of the Pro Val Computer Assisted Mass Appraisal System for the City of Roanoke's Office of Real Estate Valuation, upon certain terms and conditions, at a total cost of $119,635.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. On behalf of the City of Roanoke, thank you for submitting your bid on appraisal software and training. Sincerely, r,~M~~,~, Mary F. Pa~r e City Clerk MFP:mh N:\CKMHl~genda.01XAugust 6, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35509-080601. A RESOLUTION accepting the proposal of Manatron, Inc., and authorizing execution by the City Manager of a contract providing for the purchase ofa ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate Valuation, upon certain terms and conditions; and rejecting all other proposals made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The proposal submitted by Manatron, Inc., for the purchase of a ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate Valtration, at a total cost of $119,635 Js hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract in the above amount with Manatron, Inc., for the purchase of a ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate Valuation, upon certain terms and conditions and as more particularly set forth in the City Manager's letter to this Council dated August 6, 2001. 3. Any and all other.proposals made to the City for the above items are hereby REJECTED, and the City Clerk is directed to notify each such proposer and to express to each the City's appreciation for such proposal. ATTEST: City Clerk. H:k.MEASURF_~Xt-rnanatron. I 5.a.15. Office of the Cil~ Manager '01 August 6, 2001 Honorable Ralph K, Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Contract for the Installation of Appraisal Software for the Office of Real Estate Valuation Background: The City's current appraisal software (CARAT) was purchased and installed in 1981. The system lacks many features and capabilities found in modern computer assisted mass appraisal (CAMA) systems. Advances in technology offer the City the oppoCtunity to employ advanced state of the art appraisal software and computer hardware that increase Real Estate Valuation accuracy and efficiency. In addition, capture, storage and retrieval of real estate data critical to the successful deployment of the City's Geographical Information System (GIS) will be enhanced with a new appraisal system. Vendors offering Computer Assisted Mass Appraisal Systems were invited to submit competitive proposals. The Request For Proposals (RFP) was released on December 12, 2000 and responses were opened on January 12, 2001. Considerations: Five (5) proposal responses were received and evaluated in a consistent manner. Not all responses met City specifications as described in the RFP. The responses were evaluated by a team consisting of members of the City's Engineering Department, Commissioner of The Revenue, City Treasurer, Municipal Auditor's Office, Department of Technology, Purchasing Department, and Office of Real Estate Valuation. The evaluation revealed that Manatron Corporation's ProVal System offered the best Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1501 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 software solution for the City's real estate mass appraisal and assessment needs. The ProVal System software has been deployed in twenty-two other Virginia jurisdictions including, the cities of Hampton, Richmond, and Norfolk. A team of staff has reviewed the ProVal System in Hampton and Norfolk. Recommended Action: Authorize the City Manager to enter into a contract with Manatron, Inc., such contract to be approved as to form by the City Attorney, for the ProVal Computer Assisted Mass Appraisal System in the amount of $119,635, to purchase software and training for the system. Funds are available from a prior year CMERP appropriation in the Department of Technology Project Account 013-052-9838, "Real Estate Project". City Manager DLB:wnc c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Joe A. Slone, Director of Technology Barry L. Key, Director, OMB Robert L. White, Manager, Purchasing Willard N. Claytor, Director of Real Estate Valuation #CM01-00176 City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Software Contract THIS CONTRACT is made this __ day of , 2001 by and between MANATRON, INC. (the "Contractor" or the "Company"), a Michigan corporation authorized to do business in the Commonwealth of Virginia, and the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (the "City" or the "Customer"). WITNESSETH: IN CONSIDERATION of the mutual promises, warranties and conditions stated herein, the parties agree as follows: A. GENERAL TERMS AND CONDITIONS 1. CONTRACT DOCUMENTS The Contract Documents consist of the following: 1) 2) 3) 4) 5) 6) This Contract Exhibit A (Scope of Work) Exhibit B (Contractor' s Response dated 1 / 12/01) Exhibit C (City's RFP #00-12-02) Exhibit D (Escrow Agreement) Exhibit E (Escalation Plan) Where the terms and provisions of this Contract vary from the terms and provisions of the other Contract Documents, the terms and provisions of this Contract shall prevail over the other Contract Documents. If there is a conflict between the exhibits, then Exhibit A shall prevail over all the other exhibits, and Exhibit B shall prevail over all other exhibits except Exhibit A. The Contract Documents set forth the entire Contract between the City and the Contractor. The City and the Contractor agree that no representative or agent of either of them has made any representation or promise, oral or written, with respect to this Contract which is not contained in the Contract Documents, and that all terms and conditions with respect to this are expressly contained herein. The Contract Documents shall constitute the Contract. 2. SCOPE OF WORK The Contractor agrees to provide the software, training conversion, interfaces, and perform the services described in the Contract (the "Work"). The primary purpose of the Work is to implement an automated computer assisted mass appraisal software product (the "System") designed to facilitate real estate valuation for the Roanoke City Department of Real Estate Valuation. It shall be the Contractor's responsibility, in accordance with the terms of the Contract, to provide the specific and sufficient services set forth in the Contract Documents to fulfill the purposes of the Work. 3. PAYMENT The City will pay the Contractor in accordance with the terms outlined in Exhibit A for the Contractor's completion of the Work. The Contractor agrees that it shall complete the Work for the total amount not to exceed ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED THIRTY FIVE AND NO/100 DOLLARS ($119,635.00) (the "Contract Amount"), exclusive of maintenance and support fees which are covered herein, as specified and itemized in Exhibit A unless such amount is modified as provided in this Contract. The Contractor shall invoice 10% of the Contract Amount on Contract execution, 25% upon shipment, 20% upon installation, 20% upon training to the City, and 25% upon acceptance. Maintenance and support services shall be invoiced annually, in advance. Unless City notifies Contractor that it rejects the software as non-conforming, hardware and/or software shall be deemed to be accepted by City in accordance with subsection A(22) of this Contract. Payments will be made by the City to the Contractor within 30 days after receipt by the City of an invoice for work done or goods received which is reasonable and allocable to the Contract and which has been completed and approved by the City, which such approval shall not unreasonably be withheld. The Contractor shall invoice the City no more frequently than once a month. City agrees to pay a late payment charge at the rate of one and one-half percent (1½ %) per month, or at the maximum late payment charge permitted by applicable law, whichever is greater, on any unpaid amount for each calendar month, or fraction thereof, that such payment is unpaid if the amount past due is due to the fault of the City. Additionally, in the event payment is not received within 90 days of receipt of an invoice, Contractor reserves the right to repossess the software delivered and to discontinue all services under this Contract. Contractor agrees that this paragraph is not applicable if the past due amount 2 is due to the fault of the Contractor or failure of the parties to resolve any issues material to the Contract. 4. GENERAL INSURANCE REQUIREMENTS Contractor and all subcontractors shall maintain insurance with a quality insurance company, licensed to transact business in this State, during the life of the Contract and shall furnish the City with certificates of insurance. The certificates shall name the City, its officers, agents, employees and volunteers as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage. With respect to Workers' Compensation coverage the contractor's insurance company shall waive fights of subrogation against the City, its officers, agents and employees and volunteers. A. Commercial General Liability: $1,000,000.00 o $2,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $2,000,000.00 Products/Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury and Advertising Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (including contractual). $1,000,000.00 Fire Damage. $10,000.00 Medical Expenses. B. Workers' Compensation and Employer's Liability: 1. Workers' Compensation: statutory coverage for Virginia. 2. Employer's Liability: (a) (b) (c) $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. C. The above limit amounts may be met by an umbrella liability policy following form of the underlying primary coverage. D Proof of Insurance Coverage: The Contractor shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The Contractor shall ensure that City receives an endorsement by the insurance Contractor naming the City as an additional insured within thirty (30) days of the date of this Contract. The required certificates of insurance shall contain substantially the following statement: "Should any of the above described policies be canceled before the expiration date thereof, the issuing Contractor shall provide 30 days written notice to Roanoke City Risk Manager, 215 W. Church Avenue, Room 506, Roanoke, VA 24011." 5. LIMITATION OF LIABILITY The Contractor shall not be liable for any: A. Special, indirect, incidental, punitive, or consequential damages, including loss of profits arising from or in any way related to any breach of this Contract or the operation or use of the hardware, software and/or related software products and services including, without limitation, damages arising from the loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment and claims against City by any third party, even if Contractor has been advised of the possibility of such damages, to the extent the foregoing damages exceed the insurance coverages set forth in Section A(4) above; and B. The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this contract if such failure is due to strikes, fires, riots, rebellions, or Force Majeure, beyond the control of the Contractor, that make performance impossible or illegal, unless otherwise specified in the Contract. Notwithstanding any other provision of this Contract, Contractor's liabilities under this Contract whether under contract law, tort law or otherwise shall in no event exceed Contractor's insurance coverage. To the extent that a claim is not within Contractor's insurance coverage, Contractor's liability shall in no event exceed the amount actually received by Contractor for the software and/or related software product or servicing giving rise to such claim. The Contractor shall be responsible for the Work performed under the Contract. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the Work and of all damage 4 or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the Work. Any action by the City on this Contract or otherwise relating to services performed under this Contract must be brought within one (1) year after the cause of action occurs or within one (1) year after completion of the work, whichever is earlier. The City shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to strikes, fires, riots, rebellions, or Force Majeure, beyond the control of the City, that make performance impossible or illegal, unless otherwise specified in the Contract. 6. PROJECT MANAGER The performance of the Contractor required by this Contract is subject to the review and approval of the City's appointed Project Manager, which shall not unduly be withheld, and who shall be designated in writing by the City's Director of the Department of Technology or his designee. However, it shall be the responsibility of the Contractor to manage the details of the execution and performance of its Work under this Contract. 7. WORK SCHEDULE All work set forth in Exhibit A will commence with a planning meeting within 30 days from the date this Contract is signed by both parties and will be completed no later than 12 months from said date subject to any modifications as provided for in the Contract (the "Work Period"). A mutually agreeable work plan that will insure the work set forth in Exhibit A will be completed by the Contractor within the said 12 month period will be prepared by the Contractor and approved by the City and will be made a part of this Contract. If the Contractor believes that the City caused delay that will require extension of the Work Period, the Contractor shall immediately notify the City's Project Manager in writing of this belief, providing details of the delay, and specifying the requested extension period. The City may extend the Work Period by the time period of delay which is directly allocable to the City. No work shall be deemed complete until it is accepted by the City, which shall not unreasonably be withheld. Contractor agrees to provide to City at least monthly with a written report of the progress of the Work, any anticipated problems (resolved or unresolved), and any indication of delay in fixed or tentative schedules. 8. FAILURE TO DELIVER Subject to Section A(5) "Limitation of Liability" in case of failure to deliver goods or services in accordance with the Contract terms and conditions, the City, after due written notice, in accordance with the provisions of Section A(9) "Default" below, may procure the goods or services from other sources and hold the Contractor responsible for any resulting additional purchases and administrative costs, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications, they may be accepted and payment therefore shall be made at a reduction in price to be determined solely by the City. This remedy shall be in addition to any other remedies available at law which the City may have. The City shall be entitled to offset such costs against any sums owed by the City to the Contractor under this Contract. 9. DEFAULT The Contractor may declare this Contract in default (a "Default") if(i) the Contractor has not received any payments due hereunder within thirty (30) days after their due date, or (ii) the City fails to fulfill its obligations or violates any other term of this Contract and fails to correct such violation within thirty (30) days after written notice from the Contractor, or (iii) the City violates the terms of any license or Contract for the software provided under this Contract, or (iv) the City assigns its rights or property for the benefit of creditors or the City S assets or property are attached or seized pursuant to an execution of judgement or (v) a petition is filed by the City under Chapter 11 of the United States Bankruptcy Code or any successor or similar law. At any time after declaring a Default, the Contractor has the right to discontinue services and to enter any premises where the equipment and/or software may be located, with or without legal process, and take possession of the equipment and/or software. In such event, City hereby waives any and all claims arising from or connected with such taking and to all of City's rights under this Contract, including rights to amounts paid, if any, and to the equipment and software. Contractor may pursue any alternative or additional and cumulative remedies provided by law and may assess against City all costs and attorney fees incurred in enforcing its rights herein, to the extent permitted by law. The City will have the right to terminate this contract during the Work Period if the Contractor has failed to perform satisfactorily the Work, as determined by the City in its reasonable discretion, as determined by the Scope of the Work (Exhibit A), the City's RFP (Exhibit C) and the Contractor's response (Exhibit B). In the event the City decides to terminate the contract for failure to perform satisfactorily, the City will give the Contractor at least thirty (30) days written notice to cure the failure before termination takes effect. If successful completion of the system acceptance test as set forth in Section A(22) below, is not attained within the Work Period, excluding any time during which testing was stopped or project delayed by the City at the City's request, the City shall have the right to terminate the Contract or to continue the test. If, notwithstanding its right under this subparagraph to terminate the Contract, the City has permitted the test to be continued, such permission by the City shall not constitute an abrogation of its right or a waiver of its right to terminate the Contract; and such right shall remain in effect until such time as either a successful completion of the test is accomplished or the City formally terminates the Contract by notice to the Contractor, whichever first occurs. On or before the effective date of such termination, the Contractor shall refund to the City all payments made under this Contract and the City shall return all software to the Contractor at Contractor's expense. Except as otherwise directed by the City, or in the case of termination for default (in which event the Contractor may be entitled to cure, at the option of the City), the Contractor shall stop work on the date of receipt of notice of the termination or other date specified in the notice, place no further orders or subcontracts for materials, services, or facilities except as are necessary for the completion of such portion of the work not terminated, and terminate all vendors and subcontracts and settle all outstanding liabilities and claims. 10. REIMBURSABLE EXPENSES No expenses except those identified in Exhibit A as project related expenses and travel related expenses as provided herein will be reimbursed if incurred without the prior written approval of the City. Such written approval shall detail the specific expenses to be incurred by the Contractor and their estimated amount. 11. REPRESENTATIONS OF CONTRACTOR AND CITY The City and the Contractor represents and warrants to each other that as of this date, and throughout the term of this Contract, the other is the entity indicated on the first page hereof. Both parties are authorized to enter into and to carry out its obligations under this Contract. This Contract has been authorized, executed and delivered by both parties in accordance with all applicable laws, rules, ordinances and regulations. This Contract is valid, legal, binding and enforceable in accordance with its terms. The person(s) signing this Contract has the authority to do so, are acting with the full authorization of both parties' governing body and hold the office indicated below their signatures, each of which are genuine. The City intends to use the software for the entire term of this Contract and will take all necessary actions to include in its annual budget any funds required to fulfill its obligations subsequent to its needs. 12. GOVERNING LAW This Contract will be interpreted in all respects under the laws of the Commonwealth of Virginia, and the Contractor, by entering into this Contract, submits itself to a court of competent jurisdiction in the City of Roanoke and agrees that any action, suit, or proceeding arising out of or relating to this Contract shall be brought only in such court. In performing the work under this Contract, the Contractor shall comply with applicable federal, state, and local laws, ordinances and regulations. 13. SEVERABILITY If any provision of this Contract is declared invalid or unenforceable, such invalidity or unenforceability will not affect the balance of this Contract, but the balance of this Contract will be construed as if not containing the provision, and the rights and obligations of the parties will be construed and enforced accordingly, provided that same is not of a material nature and does not substantially affect the work or the cost associated. 14. AMENDMENT This Contract shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a writing signed by both parties hereto. 15. TRAVEL EXPENSES All pricing contained in this Contract is exclusive of travel related expenses. City agrees to reimburse Contractor for all reasonable travel related expenses incurred by Contractor in fulfilling its duties and obligations under this Contract. Contractor agrees that there shall be a cap of SIX THOUSAND DOLLARS ($6,000.00) on travel related expenses reimbursable by City associated with implementation of the Contract, up to and including final acceptance of the Contract. Travel expenses incurred pursuant to annual maintenance and support shall be reimbursed on a materials basis. 16. ASSIGNMENT The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award, or any or all of its rights, obligations, or interests under this Contract, without the prior written consent of the City, which consent shall not be unreasonably withheld. 8 17. RELATIONSHIP OF CITY At all times during the term of this Contract, Contractor will be considered as an independent Contractor and neither the Contractor or its employees will, under any circumstances, be considered employees, servants or agents of the City. The City will not withhold payments to the Contractor for any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor. The City will not provide to the Contractor any insurance coverage, Workers' Compensation, or other benefits normally provided by the City for its employees. Additionally, the Contractor will not approach any employee of the City regarding a potential job offer with the Contractor's firm for a period of not less than one year following 'live cut' of the Contractor's product. The City equally agrees not to approach any employee of Contractor regarding employment with the City for a period of not less than one year following 'live cut' of the Contractor's product 18. DELIVERY All goods are purchased F.O.B. point of delivery in Roanoke City. All costs for handling and transportation charges to the designated point of delivery shall be borne by the Contractor. Transportation, handling and all related charges shall be included in the unit prices or discounts bid for each item. 19. ARBITRATION It is expressly agreed that nothing under the Contract shall be subject to arbitration, and any reference to arbitration is expressly deleted from the Contract. 20. SOURCE CODE The Contractor shall, after final acceptance of the Work, place a copy of the source code of the licensed program in escrow as set forth in the Attached Exhibit D. The escrow agent shall be an agent of the Contractor's choosing. 21. ADJUSTMENTS FOR CHANGE IN SCOPE The City may order changes in the Work within the general scope of the Work consisting of additions, deletions or other revision. No claim may be made by the Contractor that the scope of the project or of the Contractor's services has been changed requiring adjustments to the amount of compensation due the Contractor unless such adjustments have been made by a written amendment to the Contract signed by the City and the Contractor. 9 If the Contractor believes that any particular work is not within the scope of the project or is a material change or otherwise will call for more compensation to the Contractor, the Contractor must immediately notify the Project Manager in writing of this belief. Within ten (10) days after any change or event which the Contractor believes calls for more compensation, the Contractor must provide to the Project Manager a proposal which sets forth the amount of additional compensation claimed, together with the basis therefore and supportive documentation for the amount. The Contractor will not be compensated for performing that particular work unless the proposal has been submitted in the time specified above and a written amendment to this Contract has been signed by the City and the Contractor and a City purchase order is issued covering the cost of the services to be provided under the amendment. If the Project Manager believes that the work is within the scope of the Contract, the Contractor will be ordered to continue work. In the event that a dispute concerning the Scope of Work is unable to be resolved by the terms of this Contract, then such dispute shall be resolved by the Contractor's attorney and the City's attorney. 22. SYSTEM TESTING AND ACCEPTANCE The City shall commence system testing upon successful delivery of the Work as outlined in Exhibit "A" to determine whether the System functions operate together and whether the Work meets the City's specifications. Contractor shall use all reasonable effort to correct any deficiencies or nonconformities identified in writing by the City and resubmit the rejected items as promptly as possible. Upon successful completion of system testing, the City shall begin a period of system acceptance for a period of thirty (30) days. Final acceptance will be based on the City's successful operation of the System during this period. 23. NONEXCLUSIVITY OF REMEDIES All remedies available to the City under this contract are cumulative and no such remedy shall be exclusive of any other remedy available to the City at law or in equity. 24. AMENDMENTS This contract shall not be amended except by written amendment executed by persons duly authorized to bind this Contractor and the City. 25. SEVERABILITY All sections, paragraphs, sentences, clauses and phrases of this Contract are severable, and if any phase, clause, sentence, paragraph or section of this Contract shall be declared invalid by the valid judgement or decree of a court of competent jurisdiction, such invalidity 10 shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Contract. 26. NOTICE All notices, requests, demands and other communication shall be in writing and sent by overnight delivery, registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. Notices given by overnight delivery shall be deemed given at the time of actual delivery. Contractor: Paul Sylvester, President & CEO Manatron, Inc. 510 East Milhen Avenue Portage, MI 49002 City: City of Roanoke Attn: Joe Slone, Director, Department of Technology 215 Church Avenue, S.E. Roanoke, Virginia 24011 City hereby acknowledges that it has read this Contract, understands it and agrees to be bound by its terms and conditions. City further agrees that it is the complete and exclusive agreement between City and Contractor relating to the subject matter of this License. Contractor hereby acknowledges that it has read this Contract, understands it and agrees to be bound by its terms and conditions. Contractor further agrees that it is the complete and exclusive agreement between City and Contractor relating to the subject matter of this License. 27. WAIVER No failure by either party hereto to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstance giving rise to such right. 11 28. DISCRIMINATION BY CONTRACTOR PROHIBITED Every contract of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the following provisions which Contractor hereby acknowledges and agrees to: (a) The Contractor shall 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 bonafide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) The Contractor shall include the provisions of the foregoing subsections A(28) (a)(b)and (c) in every subcontract or purchase order of over $10,000 so that the provisions will be binding against each subcontractor or vendor. 29. DRUG-FREE WORKPLACE TO BE MAINTAINED BY CONTRACTOR Every contract of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the following provisions which Contractor hereby acknowledges and agrees to: (a) The Contractor shall: (i) provide a drug-free workplace for the 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 Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug- free workplace; and (iv) include the provisions of the foregoing clauses in 12 every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. (b) For the purposes of this section "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. B. EQUIPMENT AND SYSTEM/THIRD PARTY SOFTWARE DELIVERABLES Contractor agrees to provide the equipment and system software listed on Exhibit A hereto during the term of this Contract. City acknowledges and agrees that Contractor is not the manufacturer or developer, as the case may be, of any of the items contained on Exhibit A. 2. TITLE - EQUIPMENT Title to the equipment shall vest with City upon receipt of the equipment to the City. Contractor shall retain a security interest in the equipment until the amount shown on Exhibit A and all other monies payable hereunder are paid in full. 3. TITLE - SYSTEM SOFTWARE Title to the system/third party software provided under this Contract shall at all times remain with the owner and City shall have no right, title or interest therein, provided, however, that Contractor shall provide for City a license to use said systems software for the term of this Contract, subject to the owner's standard licensing terms. 4. INSTALLATION The initial installation shall be performed by Contractor during City's normal working hours. Contractor shall deliver and install the equipment according to the Scope of Work (Exhibit A). 13 5. DESTINATION AREA TRANSPORTATION Contractor shall arrange for transportation of the equipment and system/third party software to the City's premises and City shall pay all transportation charges associated therewith. 6. RISK OF LOSS OR DAMAGE City shall assume full risk of loss or damage to the equipment immediately upon City's receipt of the equipment. As long as Contractor holds a security interest in the equipment, City shall maintain the equipment in good operating condition; keep the equipment free from liens and encumbrances; not use or permit use of equipment in any manner likely to be injurious to it; nor remove or permit removal from original location; not make or permit alteration without the prior written consent of Contractor; permit inspection by Contractor at reasonable times; and procure and maintain fire, extended coverage, vandalism and malicious mischief insurance on the full value of the equipment, naming the Contractor as loss payee. 7. WARRANTY The Contractor represents and warrants that it is authorized to transfer only those warranties, subject to certain limitations, conditions and qualifications, stipulated by the manufacturer or developer. The Contractor itself makes no warranties as to any equipment or system/third party software, all of which, if any, are made solely by the manufacturer or developer. THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT ARE MADE BY THE CONTRACTOR WITH RESPECT TO EQUIPMENT AND SYSTEM/THIRD PARTY SOFTWARE. THE CONTRACTOR MAKES NO OTHER SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY THE CONTRACTOR, ITS AGENTS OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES, AND CITY MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE FOR THAT PURPOSE. 14 8. MINIMUM EQUIPMENT SPECIFICATIONS In the event City should utilize any equipment and/or system software not expressly provided by Contractor under this Contract, City shall, at its own cost and expense, ensure that said equipment and/or system software meets or exceeds the minimum specifications attached hereto as Exhibit A- 1. Contractor represents that said minimum specifications are correct and necessary, as of the date of this Contract, to ensure the proper operation of the latest Release of the Program Products provided herein. C. APPLICATION SOFTWARE 1. DELIVERABLES The Contractor does hereby grant and City accepts a personal, nontransferable and nonexclusive right and license to use the application software identified on the attached Exhibit A during the term of this Contract. 2. DEFINITIONS (a) "Program Products" - Shall collectively mean the application software identified on the attached Exhibit A and all related materials, such as documentation, data dictionaries, etc. (b) "Documentation" - Means the user manual and other similar information about the features and use of the Program Products. Such documentation shall be provided, at Contractor's option, in either hard-copy or in electronic form. 3. DELIVERY Contractor shall furnish City, on or about a mutually agreeable delivery date, the then current version of the Program Products. 4. OWNERSHIP/CONFIDENTIALITY City acknowledges that the Program Products, including all underlying intellectual property rights, are and shall remain the exclusive property of Contractor and that Contractor holds the copyright interests therein, the Program Products being treated as unpublished works. For purposes of this provision, the term "Program Products" shall include, without limitation, all databases and database files. City further acknowledges that the Program Products incorporate trade secrets and confidential information of Contractor, and City shall 15 hold the trade secrets and confidential information in trust and shall not disclose, publish, release, transfer or otherwise make available any Program Products, in any form, to any person other than an employee of City or Contractor without the prior written consent of Contractor, except during the period any such person is on City's premises for purposes specifically related to City's use of the Program Products. City shall take all reasonable steps to insure that its employees comply with the terms of the provision. City shall not allow the Contractor's Program Products to enter the public domain. The Program Products shall be used only for the processing of City's own transactions and maintaining its own records. City shall not: (a) permit any third party to use the Program Products or the related documentation, or permit access thereto except by its employees who need such access to carry out their duties in the ordinary and normal course of City's business; (b) use the Program Products or the related documentation in the operation of a service bureau or to process data or transactions for other persons or entities; or (c) allow access to the Program Products through terminals (other than those of Contractor) located outside City's business premises without the express written consent of Contractor. City acknowledges that the Contractor shall provide the Program Products in either an object code or an interpreted code version. In any case, the City shall not translate, reverse engineer, decompile, recompile, update, enhance, modify or create derivations for all or any part of any Program Product(s) or merge any Program Product(s) into any other software. In the event City breaches this provision, Contractor's responsibility, if any, to support the Program Products shall immediately cease and the City's right to use the Program Products shall immediately terminate. City shall have the right to copy the Program Products for backup and archival purposes only. City shall not remove any copyright, trademark, proprietary legends, or legal or warning notices included on or embedded in any Program Products. All copies made by City shall be the property of Contractor. City recognizes and acknowledges that in the event of any breach of this provision (either actual or threatened) by City, Contractor's remedies at law shall be inadequate. City agrees that, in such event, Contractor shall have the right of specific performance or injunctive relief, or both, in addition to any and all remedies and rights of law or in equity and such rights and remedies shall be cumulative. 5. DATABASES City acknowledges and agrees that when using the Program Products as described in this Contract, the design and sequence of the databases and database files, including those 16 created by City under this Contract, are proprietary to Contractor and subject to the confidentiality requirements as set forth in this Contract when using the Program Products described in this Contract. Any data supplied by City shall remain the property of City. Upon termination of this Contract and upon request by City, Contractor shall return the data to City in a format requested by City (other than Contractor's proprietary format) upon payment of Contractor's then current fee for this service. City shall in no event continue to use the database or database files or provide the database or database files to any third party after the termination date. 6. WARRANTY Each Program Product is warranted, for a period of one year from the date of final acceptance, to conform to the design specification for that release as designated on the Program Product specification or similar applicable release. City agrees that Contractor shall provide programming services at no cost to the City to correct any defect in a timely manner if a Program Product warranted hereunder fails to conform to the applicable design specifications and City has advised Contractor of such failure in writing during the term of the warranty. For purposes of this provision, non-conformance to design specification and the term "defect" shall mean only significant deviations from the design specifications for such current release of the Program Product. In the event Contractor does not correct any such defect after it has had reasonable opportunity to do so, City's remedy shall be the refund of the amount paid as the license fee for the defective Program Product in addition to other remedies it may have under applicable law subject to Section A (5) of this Contract. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE CONTRACTOR WITH RESPECT TO PROGRAM PRODUCTS. THE CONTRACTOR MAKES NO OTHER SUCH WARRANTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY THE CONTRACTOR, ITS AGENTS OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTY, AND CITY MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE FOR THAT PURPOSE. 7. INTELLECTUAL PROPERTY INDEMNITY Contractor agrees to indemnify, save harmless and defend City, at the expense of Contractor, from any and all suits, judgments, costs, damages, claims, demands, actions, causes of action, proceedings, expenses or liabilities of any nature, which are threatened or 17 brought against, or are incurred by, City arising from a claim that any element of the licensed application Program Products constitutes an infringement of any United States patent or copyright, or is a trade secret of another; provided, however, that Contractor is notified thereof promptly in writing. Contractor shall have the sole control of the defense of any such suit, proceeding or action. Contractor, in its sole discretion, shall have the right to settle any such suit, proceeding or action. If the use of any element of a Program Product or Third Part Product is enjoined or prohibited or threatened to be enjoined or prohibited as a result of any such claim, suit, action, proceeding or settlement, Contractor shall have the right to (a) procure for City the right to continue to use said element; (b,) replace said element with a comparable element which is non-infringing or is not such a trade secret; (c) modify said element so it becomes non-infringing or no longer is such a trade secret; or (d) terminate the license for said element and credit City the amounts City has paid to Contractor for said Program Product. 8. RETURN UPON TERMINATION Within thirty (30) days after the termination or cancellation for any reason of the license(s) granted hereunder, City shall deliver to the Contractor the Program Products, and all copies thereof in whichever form. City shall certify, in writing, to Contractor that it has destroyed all electronic and/or archival copies of the Program Products. Upon prior written authorization from the Contractor, the City shall be permitted for a specific period thereafter to retain one copy of certain materials for record purposes. D. SUPPORT SERVICES 1. DEFINITIONS (a) "Designated Holiday" - Means each of the following days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the immediately succeeding Friday, Christmas Eve and Christmas Day. (b) "Release" - Means a software product providing minor error corrections, modifications or enhancements to a Program Product Version and which is generally offered and expressly designated by the Contractor in its sole discretion as a Release. (c) "Version" - Means the original of or a successor to a specified Program Product and which is generally offered and expressly designated by the Contractor in its sole discretion as a Version. 18 (d) "Error or Defect" - Means any failure of a Program Product to conform in all material respects to its functional specifications as published from time to time by Contractor. 2. SCOPE OF SERVICES Contractor shall render to City the following services: (a) Software (i) Program Products Contractor shall provide support services for the Program Products identified on Exhibit A hereto. Such services shall include troubleshooting, technical analysis, problem diagnosis and procedural assistance. All such services shall be provided via telephone contact with City and/or remote dial-up access by Contractor into City's computer system. Contractor shall be responsible for using all reasonable diligence to attempt to correct or cure any verifiable and reproducible Error or Defect in a Program Product by issuing corrected instructions, a restriction, a bypass or procedural workaround or a new Release. Contractor shall not be responsible for correcting any Error or Defect in any version of the Program Products other than the most recent Version/Release of the Program Product, however, Contractor shall continue to support prior Releases for a period of three years to allow City to implement the newest Version/Release. In the event Contractor does not resolve an Error or Defect after it has had a reasonable opportunity to do so, City shall have those remedies available pursuant to applicable law subject to the Provisions of Section A (5) of this Contract. Contractor shall issue new Releases of the Program Products from time to time to its contracted support customers. Such Releases may include functionality enhancements, error corrections and modifications required by legislation and/or administrative rule. Contractor shall not charge City for such Release for a period of one year. After one year, depending upon the scope and magnitude of the new components of a given Release, it is in the Contractor's sole discretion whether to charge City additional fees for such Release. In such event, Contractor may spread its fees for such a Release proportionally among the users of the Program Product. In no event will any such fees exceed Contractor's then current list price for that Program Product. 19 From time to time, Contractor may develop a completely new Version of a Program Product. Said Version would typically incorporate the use of new technologies as well as the addition of significant functional enhancements. For such new Versions, City must pay additional license fees, as determined by Contractor. City shall be entitled to receive new Versions of the program product released within one year from the date of the Contract at no additional cost, provided that software support fees have been paid in accordance with the terms of this Contract. Contractor further guarantees that it will continue to support the initially installed Version for three years after the date this Contract is entered into. Contractor acknowledges and agrees that City shall have the option to purchase third party software from a vendor other than Contractor, after the initial execution of the Contract. (ii) System Software Contractor shall provide support services for only such system/third party software products specifically identified as eligible for Contractor support on Exhibit A hereto. Contractor may not provide support services for each of the system/third party software products it provides City under this Contract. For each system/third party software product that is supported by Contractor, such support shall include trouble shooting, technical analysis, program diagnosis and procedural assistance. All such services shall be provided via telephone contact with City and/or remote dial-up access by Contractor into City's computer system. For almost all system/third party software products provided by Contractor, City must pay additional fees for new releases and new versions. For certain select system/third party software products, Contractor does offer a comprehensive support services plan which includes new releases/versions at no additional cost. Any products covered under this plan must be specifically identified as such on Exhibit A hereto. (b) Training Contractor shall provide training to City for the application software in the amounts specified on Exhibit A. Any additional training days requested by City shall be billed, as usual, at the rate in effect at the time of service. City shall provide a suitable room or space where training can be conducted in an uninterrupted manner. All City personnel to be trained should have adequate job coverage to ensure uninterrupted training sessions. Up to six hours of training are included in one "full day" of training. City acknowledges the importance of receiving the training provided herein and shall use its best efforts to ensure that said training is fully completed. In any event, Company's obligation to provide said training shall terminate twenty-four (24) months from the date of this Contract. 20 (c) Conversion Contractor shall provide conversion services to transfer data associated with the application software identified above. Contractor shall only assist in converting such data as (i) is required by the new application software provided by this Contract and (ii) is reasonably able to be converted. Any data that is not converted, as well as any data files associated with any third party product (such as word processing, spreadsheet, etc.) must be manually converted by City. Contractor and City shall work together to insure a smooth conversion of City's existing data into the database structure of the ProVal application software. Contractor shall provide scripts necessary to create the complete ProVal database tables in the SQL Server database environment supplied by City and assist City as necessary to properly establish all required database tables. Contractor shall directly assist Customer in the planning, data mapping and translation of real estate and appraisal data elements into the ProVal data schema as part of on-site project management and training days. Contractor shall assist City in planning a data conversion strategy and schedule that allows data conversion work to be accomplished while regular City appraisals operations continue in the office, yet insures that the conversion procedures are properly validated and proven before being used with live data. Contractor shall receive City's data in flat ASCII file format, load the data into the Contractor's prescribed data import format with a custom developed program, and do the actual conversion processing that translates and places the data into the ProVal database structure. City shall be responsible for verification of correct data conversion and timely written notification of Contractor of any data conversion issues that are detected. Contracted on-site planning and configuration days my be applied to this task. (d) General Contractor shall maintain a toll-flee telephone support line for City to report problems associated with the covered products listed on Exhibit A. Telephone support is not intended to serve as a training facility. Service coverage is 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, excluding Designated Holidays. The Contractor shall activate an escalation plan to involve the necessary technical resources should some extraordinary circumstance cause repair or problem resolution to extend beyond a reasonable time. The Escalation Plan is attached to this Contract as Exhibit E. In certain situations associated with the repair or correction of a reported problem, additional effort may be necessary to return the system, as a whole, to normal operation, i.e., re-loading of system and/or application software, restoration of data files, etc. In such cases, it may be necessary to secure the onsite services of a Contractor technician. These services will be provided City at additional cost, billed at the Contractor's then current daily rate, plus 21 travel related expenses. Contractor agrees to provide City with a schedule of its current daily rate. Should the City from time to time require and request other services offered by the Contractor but not covered under this Contract, the Contractor will provide such services at its then current time, materials and travel rates. The Contractor reserves the right to request that City upgrade its equipment, systems software and/or Program Products to a subsequent or new release, version or model on Contractor request. City acknowledges, understands and agrees that in the event that City refuses to upgrade, City may preclude Contractor from performing its duties and obligations hereunder. In such event, and notwithstanding any other provisions of this Contract, Contractor reserves the right to discontinue support services. Contractor shall have no responsibility or liability with respect to any problems associated in any way with City's installation and/or use of any equipment, system or application software purchased by City from another vendor. City acknowledges that its use of such products may adversely effect the operation of those products supplied by Contractor. In such event, Contractor will, at City's request, provide its best efforts to identify and, if practical, to resolve the problem. If the problem is ultimately determined by Contractor to be caused by or attributable to another vendor's product, City shall pay Contractor additional fees calculated at Contractor's then current time, material and travel rates. Contractor will provide City continuing services for the maintenance and support of the System including all modifications, upgrades, and product enhancements of the System made by Contractor and made available generally to licensees of the System, together with information and documentation necessary for their implementation on City's data processing equipment, subject to the payment of applicable fees. 3. TERM OF SUPPORT AGREEMENT Support services shall commence on the first of the month next following installation and shall continue for an initial period of thirty-six (36) months. This Agreement shall renew automatically for additional terms of twelve (12) months unless either party provides the other written notice of termination sixty (60) days prior to the expiration date of the initial term or any subsequent twelve month term. 4. COMPENSATION In consideration of the performance of such services as set forth in this Contract, the Contractor will receive fees in the amounts set forth in Exhibit A from the City. These fees are subject to change as further described in Section D (5). 22 5. PRICE CHANGES If the Contractor utilizes a third party maintenance services provider, the Contractor shall be entitled to change any price for such maintenance services upon thirty (30) days prior (to the next invoicing cycle) written notice in order to pass through to the City any price increase or decrease which the maintenance services provider may from time to time make. The Contractor shall be entitled to increase any prices up to 7% annually for software support provided by the Contractor upon thirty (30) days prior written notice to the City, no more than once in every twelve (12) month period under this Contract. 6. CITY RESPONSIBILITIES City shall provide the Contractor with access to City's facilities and use of the City's office space, office equipment, computers and other equipment or records that may be required to perform the tasks described herein, including access after normal working hours and on weekends. The City shall provide the necessary personnel to maintain security of the facility, as deemed appropriate by the City. City shall maintain site conditions within the common environmental range requirements of all system and media devices as specified by the Contractor. City shall create and maintain timely, accurate and readable electronic back-ups of all data, program and system files. Contractor will advise City of the proper procedures regarding same. City shall provide and bear the costs of Contractor specified modem sets. Further, City shall procure and maintain, at its own cost and expense, a dedicated, voice-grade phone line (no operator interface) to facilitate remote support services. This phone line shall be installed within 20 feet of the workstation to be used for remote diagnostic support and must be installed prior to equipment/software installation. 7. CONTRACTOR RESPONSIBILITIES The Contractor shall maintain a trained staff capable of rendering the services set forth herein and will perform its services under this Contract in a professional manner, consistent with standard industry practices. The Contractor will safeguard any materials, equipment and information provided by the City during the term of this Contract in a manner prescribed by the City. In lieu of specific guidance from the City, the Contractor will use reasonable care to prevent unauthorized disclosure of City information. 8. SUBCONTRACTS 23 The Contractor reserves the fight to subcontract work, as it deems necessary, to perform the services under this Contract, upon the written consent of the City, which consent shall not be unreasonably withheld. In the event of such subcontract, Contractor shall remain the prime contractor at all times. 9. SERVICE WARRANTY The services provided hereunder to the City are on an "as is" basis without warranty. THE CONTRACTOR MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, THAT ARE NOT CONTAINED HEREIN, INCLUDED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED. 10. ENTIRE Contract This Contract, including the Exhibits attached hereto and by this reference made an integral part hereof, constitute the complete and entire Contract between the parties with respect to the subject matter hereof and supercedes all previous proposals, oral or written, express or implied, and all negotiations, conversations or discussions heretofore had between the parties related to the subject matter of this Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representative, effective as of the date specified above. ATTEST: MANATRON, INC. By: Title: Title: CITY OF ROANOKE, VIRGINIA By: Title: Approved as to form: Certified as to funds: Account: Director of Finance Assistant City Attorney Approved as to execution: Assistant City Attorney H:'xA GREE~A- Manalron4 (7-2-01) 24 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-192-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35511-080601 ratifying certain emergency action taken by the City Manager in connection with emergency improvements to correct fall protection system problems in the Roanoke Civic Center Coliseum; ratifying a contract between the City and Evan Corporation for such emergency work and authorizing the City Manager to execute such contract, in an amount not to exceed $140,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance James M. Evans, Director of Civic Facilities Phillip C. Schirmer, City Engineer David P. Evangelista, President, Evan Corporation, Consulting Engineering, Fall Protection Systems, 8 Reise Road, Jamestown, Rhode Island, 02835 H:Xgg~nda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35511-080601. AN ORDINANCE ratifying the emergency action taken by the City Manager in connection with emergency improvements to correct the fall protection system problems in the Roanoke Civic Center Coliseum; ratifying a contract between the City and Evan Corporation for such emergency work and authorizing the City Manager to execute such contract; and providing for an emergency. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency improvements without the necessity of advertising and receiving bids, and such section further requires the City Manager to report the facts and circumstances relating to such purchases to the Council at its next regular meeting, which was done by her letter of August 6, 2001; and WHEREAS, on July 17, 2001, the City Manager was advised of a situation that arose at the Roanoke Civic Center that required emergency improvements to the fall protection system in the Roanoke Civic Center Coliseum; and WHEREAS, pursuant to the City Charter, the City Manager declared an emergency and authorized the immediate procurement of a contractor to correct the fall protection system problems in the Roanoke Civic Center Coliseum; and WHEREAS, the City, through the Engineering Department, has contracted with the Evan Corporation to correct the fall protection system problems in the Roanoke Civic Center Coliseum for an mount not to exceed $140,000. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke hereby affirms and ratifies the emergency action taken by the City Manager to provide for the correction of the fall protection system problems in the Roanoke Civic Center Coliseum, all as more fully described in the City Manager's letter to this Council dated August 6, 2001. 2. The Council of the City of Roanoke hereby affirms and ratifie~ the contract with Evan Corporation to correct the current system and/or furnish and install a new fall protection system in the Roanoke Civic Center Coliseum as set forth in the above mentioned City Manager's letter and the City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with Evan Corporation, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. ~ 3. The City Manager is authorized to take such further action or execute such documents as may be necessary to correct the fall protection system problems in the Roanoke Civic Center Coliseum. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #60-192-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35510-080601 amending and reordaining certain sections of the 2001-2002 General and Grant Funds Appropriations, in connection with ratification of a contract with Evan Corporation for emergency improvements to correct fall protection system problems at the Roanoke Civic Center Coliseum, in an amount not to exceed $140,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager James M. Evans, Director of Civic Facilities Phillip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:XAgenda.01~ugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of August, 2001. No. 35510-080601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~Drol~riations Capital Outlay Civic Center Fall Protection (1) ................................... Fund Balance Retained Earnings Available for Appropriation (2) .....................$ -0- 1) Appropriated from General Revenue 2) Retained Earnings Available for Appropriation (005-550-8614-9003) $ 140,000 (005-3348) (140,000) $ 590,059 140,000 BElT FURTHER ORDAINED that, an eme~ency existing, this Ordinance shallbein effectfrom its passage. ATTEST: City Clerk. taken by the City Manager to provide for the correction of the fall protection system problems in the Roanoke Civic Center Coliseum, ail as more fully described in the City Manager's letter to this Council dated August 6, 2001. 2. The Council o.fthe City of Roanoke hereby affirms and ratifies the contract with Evan Corporation to correct the eta-rent system and/or furnish and install a new fall protection system in the Roanoke Civic Center Coliseum as set forth in the above mentioned City Manager's letter and the City Manager and the City Clerk are hereby authorized, on behaif of the City, to execute and attest, respectively, the requisite contract with Evan Corporation, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. The City Manager is authorized to take such further action or execute such documents as may be necessary to correct the fall protection system problems in the Roanoke Civic Center Coliseum. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 5.a.16. Office of the City Manager August 6, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Fall Protection - Roanoke Civic Center Emergency Improvements Occupational Health and Safety Administration (OSHA) representatives recently inspected the fall protection system in the Roanoke Civic Center Coliseum. Some components of the fall protection system were found to be of uncertain capacity. At the time of the inspection, an engineering consultant had already been retained to design a new fall protection system. Our consultant reviewed the OSHA findings and recommended that the existing fall protection system not be used. Until a new fall protection system can be installed, all rigging work has to be done from a portable man lift. A man lift system is expensive and cumbersome to operate. This has resulted in safety concerns and an unreasonable burden on continuing use of the Civic Center Coliseum. After receiving notice of the situation on July 17, 2001, based on the facts presented to me, I declared an emergency purs~Jant to Section 41 of the City Charter and authorized the immediate procurement of a contractor to correct the fall protection system problems in the Coliseum. On an emergency basis, the City of Roanoke, through the Engineering Department, has agreed to and is entering into a contract with the Evan Corporation to correct the current system and/or furnish and install a new fall protection system in the Coliseum. Evan Corporation specializes in fall protection systems. The contract amount is not to exceed $140,000. Recommended Action: Affirm and ratify the City Manager's emergency action as set forth above contracting for the above work for the Roanoke Civic Center Coliseum. Authorize the City Manager to Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Members of Council August 6, 2001 Page 2 execute a contract with Evan Corporation for the above work in an amount not to exceed $140,000 and to take such further action as may be necessary to correct the fall protection system problems in the Coliseum. Appropriate $140,000 from Civic Center Prior Year Retained Earnings to a new project account entitled Civic Center Fall Protection. Respectfully submitted, City Manager DLB/PCS/bls C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance James M. Evans, Director of Civic Facilities Philip C. Schirmer, City Engineer #CM01-00181 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35512-080601. A RESOLUTION confirming the appointment of Sheila N. Hartman as the Assistant Deputy City Clerk effective August 7, 2001. WHEREAS, the City Clerk desires to appoint Sheila N. Haman, Assistant Deputy City Clerk of the City of Roanoke effective August 7, 2001, to which appointment this Council desires to express its consent as required by §24 of the Roanoke City Charter of 1952; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment effective August 7, 2001, by the City Clerk of Sheila N. Haman as Assistant Deputy City Clerk of the City of Roanoke is hereby approved, ratified and confirmed. ATTEST: City Clerk. H: ~vIEAS URES ~r-h artroanadc c. l MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk~ci.roanoke.va. us STEPHANIE M. MOON Deputy City Clerk 5.b.1. August 6, 2001 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: At the regular meeting of Council on Monday, May 7, 2001, Council adopted Ordinance No. 35345-050701 authorizing and approving the establishment of a new position entitled Assistant Deputy City Clerk. Section 24 of the Roanoke City Charter requires the concurrence of Council in the appointment of a Deputy City Clerk and such number of assistants. Therefore, it is respectfully requested that Council concur in the appointment of Sheila N. Hartman as Assistant Deputy City Clerk, effective August 7, 2001. With kindest personal regards, I am Sincerely yours, Mary F. Parker, CMC City Clerk MFP:sm Attachment H:~Agenda.01~Assistant Deputy City Clerk Report.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@¢i.roanok¢.va, us August 8, 2001 File #63-184 STEPHANIE M. MOON Deputy City Clerk William G. Deekens, Executive Vice-President Landin, Inc. P. O. Box 17590 Richmond, Virginia 23226 Dear Mr. Deekens: I am enclosing copy of Resolution No. 35513-080601 accepting the bid of Landin, Inc., with regard to performing Third Party Administrator functions for Workers' Compensation for the City of Roanoke, at a total cost of $40,000.00 per annum, with an option to renew for two additional one year periods, upon such terms and conditions as more fully set forth in a communication from the City Manager dated July 16, 2001; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 6, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Kenneth S. Cronin, Director, Human Resources Glenn A. Asher, Risk Management Officer H:XAgenda.01XAugust 6, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2001. No. 35513-080601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Landin, Inc., for the provision of services as a third party administrator for workers' compensation claims for the City, upon certain terms and conditions, and rejecting all other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Landin, Inc., being the most responsible bid received for the provision of services as a third party administrator for workers' compensation claims for the City, such services being more particularly described in the July 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Landin, Inc., upon form approved by the City Attorney, for the services listed above for a period of one (1) year, in an amount not to exceed $40,000.00, with the option to renew for two (2) additional one-year periods, upon such terms and conditions as are more fully set out in the letter to this Council dated July 16, 2001. 3. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. ATTEST: City Clerk. H:~RESxR-Bid-Landie., Inc. (Third Party Admin) (7-16-01) Office of the City Manager July 16, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Workers' Compensation Third Party Administrator Background: All employees of the City of Roanoke are covered by workers' compensation as required by state law. Roanoke is self-administered and self-insured for Workers' Compensation. Currently, the City experiences approximately 400 new Workers' Compensation claims annually, and continues to administer some active claims from previous years. These claims entail significant amounts of paperwork and can be handled more efficiently by a company that deals with workers' compensation exclusively. The Office of Risk Management started an evaluation process to determine the logic of employing a Workers' Compensation Third Party Administrator. Considerations: After submission of RFPs, non-binding on the part of the City, four Third Party Administrators were interviewed with Landin, Inc., being the clear choice of all on the panel. Landin proposes to administer all workers' compensation claims for the City for a fee comparable to that of hiring a workers' compensation specialist to replace the one who has recently retired. Landin offers assurances that all of the City's injured employees will receive quality service to speed their recoveries. The use of a Third Party Administrator should enable the Office of Risk Management to have more time to spend administering general liability and automobile liability claims. These classes of claims have the greatest potential financial impact to have their outcomes affected by extra time and effort devoted to their investigation and administration. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roa noke.va, us The Honorable Mayor and Members of Council July 16, 2001 Page 2 Recommended Action: Council authorize the City Manager to enter into a one - year contract, with the option to renew for 2 additional one - year periods by mutual agreement, with Landin, Inc., to perform Third Party Administrator functions for Workers' Compensation for the City of Roanoke, and to authorize payment to Landin, Inc., in an amount not to exceed $40,000 per annum from the following funding source: Funding Source Fees for professional services Account Number 019-420-1262-2010 Amount $40,000 DLB:vls Respectfully submitted, City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn A. Asher, Risk Management Officer CM01-00132 SERVICE AGREEMENT FOR ADMINISTRATION SERVICES This Public Body does not Discriminate Against Faith-Based Organizations THIS AGREEMENT is hereby entered into this 1st day of July, 2001, by and between the The City of Roanoke, Virginia, a municipal corporation having its principal place of business at 215 Church Ave., SW, Roanoke, Virginia 24011 (hereinafter referred to as "City"), and The Landin Companies, a Virginia corporation having its principal place of business at 4912 Augusta Avenue, Richmond, Virginia 23230 (hereinafter referred to as "Contractor"). FOR AND IN CONSIDERATION OF the mutual covenants and agreements contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: (1) Term: The term of this Contract shall be from the 1st day of September, 2001, through the 31st day of August, 2002 and will be renewed automatically for up to two ~(2) additional one (1) year periods, in accordance with the Termination (Section 9) and Compensation (Section 17) provisions of this agreement. (2) Scope of Services: The Contractor shall provide Serf-Insured Workers' Compensation Administration Services for the City, as set forth in the initial Proposal submitted by Contractor dated February 1, 2001, and the City of Roanoke, Virginia's Request For Proposal #00-12-73, the provisions of which are incorporated herein by reference as though fully set out herein. (3) Independent Contractor: Neither the Contractor, its employees, assignees or subcontractors shall be deemed employees of the City while performing under this Agreement. (4) General Provisions: Nothing in this Agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the scope of services contained herein. (5) Drug Free Workplace: During the performance of this contract, the contractor agrees to (i) provide a drug- free workplace for the 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 usc of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase Page 1 of 6 order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section a 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. (6) Employment Discrimination: 1. During the performance of this Agreement, the contractor agrees as follows: ae The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the proVisions will be binding upon each subcontractor or vendor. (7) Inventions & Copyrights: The Contractor is prohibited from copyrighting any papers, interim reports, forms or other material and/or obtaining patents on any invention resulting from its performance under this Agreement, except when specific written authorization of the City is given. The copyright or patent shall belong to the City. (8) Integration & Modification: This Agreement incorporates by reference the City of Roanoke, Virginia's Request for Proposal #00-12-73 and the Contractor's proposal dated February 1, 2001, which constitutes the entire agreement between the Contractor and the City. No alteration, amendment or modification in the provisions Page 2 of 6 of this Agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (9) Termination: This Agreement shall be automatically renewed for two (2) successive twelve (12) month periods unless either party gives written notice at least ninety (90) days prior to the end of any anniversary period. Upon this termination for convenience, notwithstanding any fees already due and payable to the Contractor, the Contractor shall be paid only for those additional fees and expenses incurred between notification of termination and the effective date of termination that are necessary for curtailment of its work under this Agreement. The parties may mutually agree in writing to an earlier termination. In the event of a breach by the Contractor of this Agreement, the City shall have the right upon thirty (30) days written notice to give notice of its intention to rescind, revoke or terminate the Agreement. During the thirty (30) day notification period, Contractor shall have the right to substantially correct the breach. Ifa notice of breach is given and the Contractor has not substantially corrected the breach within thirty (30) days of receipt of the written notice, the City shall have the right to terminate this Agreement. A waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of the Contract. A violation of any state or federal law or regulation by Contractor shall be considered a breach of this Contract. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shah become the property of the City. (10) Collateral Contracts: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements, which are made a part of this Agreement by, reference or otherwise, the provisions of this Agreement shall control. This Contract constitutes the complete terms of agreement between these parties. Any amendments to its terms shall be in writing and signed by all parties. (11) Applicable Laws: This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (12) Severability: Each paragraph and provision of this Agreement is severable from the entire Agreement, and ff any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. Page 3 of 6 (13) Duplicate Payments or Overpayments: Should Contractor make a claim payment in excess of the amount properly payable or a duplicate payment, absent any fault on the part of the City of Roanoke or fraud or willful misconduct on the part of any employee by the City of' Roanoke, then Contracto~ shall, within 30 days of discovery of said overpayment, reimburse the City for such overpayment. (14) Disclaimer: The Contractor's undertaking of loss control/safety surveys, inspections, and/or consultations on behalf of the City, should they be desired, shall not constitute a warrant of accident reduction, that any City operations, premises, equipment, or personnel are safe, or that the City is in compliance with every, local, state, federal, or other law, regulation, or industry practice. (15) Hold Harmless: The Contractor shall, during the term of the contract, indemnify, defend (to include reasonable attorney's fees), and hold harmless the City and its agents, officers, trustees and employees from aH claims or demands as a result of an act or omission by the contractor or his employees, or from Contractor's violation of ~ny law, ordinance, regulation or decree. Contractor shall neither indemnify nor defend the City in those instances where Contractor's acts or omissions are at the direction of the City. (16) Assignment: The rights and obligations under this Service Agreement may not be assigned by either party without the prior written consent of the other party. (17) Compensation: The Contractor shah be paid no more than $33,210 per contract year for the servicing of new claims and no more than $6,790 for the servicing of open claims transferred to the Contractor. All service provided under this contract will cease at its termination. Payments in the amount of $10,000 shall be due quarterly and paid during any contract term as follows: July 1, October 1, January 1, and April 1. Service fees in effect during the current service agreement period will remain in effect for any subsequent period, unless Contractor sends written notice to the City at least one hundred twenty (120) days prior to the expiration date of the current service agreement period of its intent to propose a fee adjustment for the subsequent period. (18) Excluded Costs: All 'Allocated Loss Expense' which is def'med as other expenses associated with supplementing the administration of claims, but are not included in the Contractor's Service Fees, are chargeable to the cost of claims and are to be paid directly by the City. Such expenses include, but are not limited to: court costs and fees; fees to attorneys; fees to undercover operatives and detectives; the costs of professional or expert testimony, opinion, or advice; claimant medical examination fees; costs of reports from government agencies; certain medical and vocational rehabilitation costs; and printing or photocopy charges for documents for legal proceedings. The Landin Companies will incur or cause to be incurred on the part of the City no allocated loss expenses without prior approval of the City, with the only exception being when Page 4 of 6 emergency services falling under 'Allocated Loss Expense' are deemed necessary for the well-being of the injured employee. In theses cases The Landin Companies will contact the City the next business day for approval. The City is the f'mal authority for approval of aH of these expenses. ~' (19) Confidential Information: During the term of this Agreement and thereafter, the Contractor shall respect the confidentiality of all confidential data, information, and other such matters entrusted to it in the course of its performance of this Agreement. At the conclusion of the terms of this Agreement, or upon termination thereof, the Contractor shah return to the City all such confidential matters in its possession belonging to the City, and further agrees not to release such information without the express written permission of the City. (20) Insurance and Licenses: The Contractor shall maintain commercial general liability insurance which shah include professional liability insurance, in a minimum amount of $1,000,000. With regards to the commercial general liability coverage, the Contractor's insurance certificate shall name the City of Roanoke, its officers, employees, and agents as additional insureds and an endorsement to that effect shah be received by the City's Office of Risk Management within 30 days of execution of this agreement. In addition, the Contractor shall also obtain and maintain in full force and affect all business, professional and other licenses or permits required under local, state, and federal statutes and regulations. (20) Notices: All notices, requests, consents and other communications by either party, arising out of this Agreement, must be in writing and addressed as follows: If to City: The City of Roanoke Office of Risk Management 215 Church Avenue, SW Room 506 Roanoke, Virginia 24011 If to Contractor: The Landin Companies 4912 Augusta Ave. Richmond, Virginia 23230 Attention: David Craig Landin President Page 5 of 6 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by the following duly authorized officials. The City of Roanoke, VA A Municipal Corporation By: Darlene Burcham, City Manager The City of Roanoke, Virginia Attest: Clerk, City of Roanoke, Virginia THE LANDIN COMPANIES By: David Craig Landin, President The Landin Companies Page 6 of 6 IMMEDIATE ATTENTION August 6, 2001 Office of the City Manager Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Workers' Compensation Third Party Administrator (TPA): Response to Council Concems A number of issues were raised by City Council in regard to the above referenced City Council Letter considered by City Council on July 16, 2001. I have provided each of you with a copy of the proposal submitted by The Landin Companies. In addition, a response is provided below to the specific questions raised at the meeting. Regarding the lack of the non-discrimination clause in the Service Agreement, this was included in the RFP which was referenced and incorporated in the service agreement, and no contract or service agreement is issued in final form from Risk Management without inclusion of the Purchasing Department's language regarding non-discrimination and drug-free workplace. This clause is included in the service agreement (Paragraphs 5 and 6) which is attached to the agenda item in your August 6 packet. What safeguards will there be to ensure that the TPA will not charge excessive costs to the City in conjunction with the excluded services listed in Paragraph 187 The TPA will not be allowed to incur ANY extra expenses for the administration of claims on behalf of the City without prior approval of Risk Management. This issue is now spelled out in the revised service agreement in Paragraph 18. The only exception will be in cases of emergency when, in the TPA's opinion, immediate medical case management could benefit the employee, and in these cases the TPA would be required to contact Risk Management on the next business day. It should also be noted that any of these extra expenses which are approved by Risk Management will be for services performed by independent contractors. How will use of a TPA benefit the injured employee? Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1 ;38 CityWeb:www, ci.roanoke.va.us The Honorable Mayor and Members of Council August 2, 2001 Page 2 A comparison of the present system of workers' compensation administration compared to the system as it will be administered under the TPA is necessary to understand this issue. Presently, after an employee is injured, the employee and supervisor have 48 hours to fill out the report of injury form, get it signed by the department manager, and forward it to Risk Management. Risk Management usually receives the form a day or two later. At this time, Risk Management would attempt to decide compensability, the need for medical case management, availability of light-duty, or call the employee to ask questions. Under the TPA system, the injured employee's supervisor will call the TPA on an 800 number. Within 24 hours the TPA will have contacted the medical care provider, the injured employee and Risk Management. The TPA will eliminate this critical time lag of two to four days which we now experience. It is during this period that the TPA's expertise can be invaluable in calling for eady intervention medical case management or specialized care (with Risk Management approval) which can be crucial to the employee's recovery. Risk Management often does not recognize injuries or recovery patterns which, to an experienced TPA, will indicate the need for additional services. Additionally, the injured employee often feels anxiety as he/she is separated from the usual workday routine and must stay at home or in the hospital. The contact of the TPA, with their accompanying medical expertise, can be important in relieving this anxiety and in assuring that the employee's treatment is actually addressing the employee's concerns and problems. What other governments are using a TPA, and do you have any written recommendations for Landin? Some of the other Virginia government entities employing TPAs include: Newport News Arlington County Prince William County Portsmouth City and Public Schools Roanoke City Schools Commonwealth of Virginia Richmond City and Public Schools Fairfax County Virginia Beach Alexandria Lynchburg Roanoke County and Public Schools Suffolk Norfolk Charlottesville Staunton The Honorable Mayor and Members of Council August 2, 2001 Page 3 Front Royal Manassas Winchester References related to The Landin Companies were received from the Loudon County and Loudon County Public Schools, Suffolk Public Schools, Roanoke County Schools and Roanoke County and were all clearly positive. Mr. Hudson has requested information on what Landin charges other governments for these services. Landin charges Roanoke County and Roanoke County Schools on a per claim basis, whereas the City has negotiated on a flat fee basis. If the City's fees to Landin were based on Roanoke County's agreement we would have to pay an additional $1,775 annually. Loudon County Public Schools and Loudon County also pay Landin on a per claim basis. Based on their fee structure Roanoke would be paying $3,975 more annually than the amount we will actually be paying. Landin charges the Suffolk Public Schools $18,500 per year based on their claims experience of between 100 and 130 claims annually. Roanoke had 395 claims in calendar year 2000. Roanoke's per claim cost will therefore be significantly less than the Suffolk Public Schools. I trust that the above information addresses the concerns of City Council. If additional information is needed, please contact me. City Manager C: VMary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance THIRD PARTY ADMINISTRATOR INFORMATION OFFICE OF RISK MANAGEMENT Following is a list of the companies interviewed: Crawford & Company 8001 Franklin Farms Road Suite 135 Koger Bldg - PO Box K-287 Richmond, VA 23288 *2. Landin, Inc. 4912 Augusta Avenue Richmond, VA 23230 PO Box 17590 Richmond, VA 23226 PMA Management Corp 380 Sentry Parkway PO Box 3031 Blue Bell, PA 19422-0754 Contact Office: 4461 Cox Road Suite 200 Glen Allen, VA 23060 Trigon Administrators, Inc. P.O. Box 85636 Richmond, VA 23285-5636 * SELECTION: LANDIN, INC. For a complete list of all companies that responded, you may contact Glenn Asher on Monday, August 23, 2001. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #67-277 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 6, 2001, Vice-Mayor Carder suggested that the matter of outside dining in the Century Plaza area; i. e.' street side vendors/dining, be referred to the City Manager for report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:XAgenda.01Latugust 6, 2001 corrcspondcnc.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #547 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 6, 2001, Vice-Mayor Carder addressed the need to establish the City of Roanoke/Roanoke Valley region in terms of identity; i. e.: what is the perception of the City of Roanoke/Roanoke Valley by non-Roanoke Valley citizens. He suggested that the services of a public relations firm be engaged to help establish city/regional identity, and requested that the matter be referred to the City Manager for report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:'ua. genda.0P, August 6, 2001 correspondenc.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk August 8, 2001 File #66-144 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 6, 2001, Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke against curbside refuse collection. She expressed concern regarding the policy of the City which requires physically challenged citizens who are unable to roll their containers to the curb to obtain a certificate from their physician. She requested that the City return to the pre July 1 policy for refuse collection. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Ms. Helen E. Davis, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 H:~Agenda.0t~ugust 6, 2001 correspondenc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@ci.roanoke.va.us August 8, 2001 File #110-317 STEPHANIE M. MOON Deputy City Clerk William X Parsons 1509 4th Street, S. W. Roanoke, Virginia 24016 Dear Mr. Parsons: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 6, 2001, you were appointed as a member of the Special Events Committee, for a term ending June 30, 2002. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Shiela Cuadrado, Secretary, Special Events Committee H:~,Agenda.01~ugust 6. 2001 correspondenc.wpd