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Home My WebLink AboutCouncil Actions 12-20-10 TRINKLE 39022-122010 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 20,2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All present. The Invocation was delivered by The Reverend Robert Ward, Chaplain, Brandon Oaks Retirement Community. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 23 at 7:00 p.m., and Saturday, December 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: MAYOR BOWERS WILL HOST A HOLIDAY OPEN HOUSE IN THE MAYOR'S OFFICE BEGINNING AT 1 :00 P.M., WITH BREAKS DURING THE COUNCIL SESSION. THE PUBLIC IS INVITED TO ATTEND FOR HOLIDAY GREETINGS. 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. 1 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS... ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED. FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONT ACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. . THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: BOARD OF ZONING APPEALS - ONE VACANCY TOWING ADVISORY BOARD - TWO VACANCIES 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. J 2 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, December 6, 2010. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager recommending adoption of the Calendar of Events for Budget Preparation Activities for Fiscal Year 2011-2012. RECOMMENDED ACTION: Concurred in the recommendation. C-3 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 Reports of qualification of the following individuals: Michael P. Wright as a member of the Towing Advisory Board for a three-year term of office ending October 31,2013; Gail D. Kinzer as a member of the Fair Housing Board to fill the unexpired term of Marie Green ending June 30, 2012; and Kermit Hale and Henry Scholz as members of the City Planning Commission commencing January 1,2011 and ending December 31, 2014. RECOMMENDED ACTION: Received and filed. 3 A written communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of surplus publicly- owned property located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended. Council concurred in the request. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and execution of the United States Environmental Protection Agency (EPA) Brownfield Area~Wide Planning Technical Assistance Grant to fund planning for Roanoke's Rail Corridor Planning Area; and appropriation of funds. Adopted Resolution No. 39022-122010 and Budget Ordinance No. 39023-122010 (7-0). 2. Acceptance of additional funds for the 2010-2011 AmeriCorps Grant awarded to the Public Libraries. Adopted Resolution No. 39024- 122010 and Budget Ordinance No. 39025-122010 (7-0). 3. Acceptance and appropriation of funds in connection with the Edward Byrne Memorial Program Grant. Adopted Resolution No. 39026- 122010 and Budget Ordinance No. 39027-122010 (7-0). 4. Approval of the City's continued support of an application for additional funding in connection with the renovation of the Virginian Railway Passenger Station. Adopted Resolution No. 39028-122010 (7-0). 4 5. Authorization to apply for Transportation Enhancement Grant Funds in connection with the Roanoke River Greenway Trail, Bridge Street to Salem Project. Adopted Resolution No. 39029-122010 (7-0). 6. Amendment of the City Code to allow banners to be displayed outside the Central Business District for 180 days, but not within the enumerated residential districts which is 30 days. Adopted Ordinance No. 39030-122010 (7-0). COMMENTS BY CITY MANAGER. The City Manager recognized the efforts of the City employees that were involved in the recent snow event on December 16. He explained that the employees are responsible for plowing 1200 lane miles within the City. He noted that the City's United Way Campaign was successful and commended the Director of Libraries, Sheila Umberger for her efforts. b. DIRECTOR OF FINANCE: 1. Presentation the Fiscal Year 201 0 Comprehensive Annual Financial Report for the City of Roanoke and City of Roanoke Pension. Received and filed. 2. Appropriation of bond proceeds from the sale of Qualified School Construction Bonds (QSCB), Series 2010A, through the Virginia Public School Authority (VPSA). Adopted Budget Ordinance No. 39031-122010 (7-0). c. CITY ATTORNEY: 1. Consideration of a resolution endorsing the 2011 Virginia First Cities Legislative Agenda. Adopted Resolution No. 39032-122010 (7-0). 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation offunds for the 2010-2011 Title 1, Part D-Detention Center Reading Program; and a report of the Director of Finance recommending that Council concur in the request. Kathryn K. Fox, Lead Accountant, Spokesperson. Adopted Budget Ordinance No. 39033-122010 (7-0). 9. UNFINISHED BUSINESS: NONE. 5 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Mayor Bowers requested that the Petition for Appeal filed by Dr. Effie"R. George, representing Charles George, in connection with a decision of the Architectural Review Board at its meeting of November 11, 2010, scheduled for January 18, 2011 at 2:00 p.m., be held following Item 11. Motions and Miscellaneous Business and after 4:00 p.m. He asked that the Vice-Mayor conduct that portion of the meeting, inasmuch as he has a conflict interest with regard to the matter. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. AT 3:08 P.M., THE MAYOR DECLARED THE COUNCIL MEETING IN RECESS FOR TWO CLOSED MEETINGS IN THE COUNCIL'S CONFERENCE ROOM. At 3:59 P.M., THE COUNCIL MEETING WAS RECONVENED IN THE COUNCIL CHAMBER, WITH MAYOR BOWERS PRESIDING AND ALL MEMBERS OF THE COUNCIL IN ATTENDANCE. CERTIFICATION OF CLOSED MEETING. (7-0) Adopted Ordinance No. 39034-122010 approving an Amendment No.3 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment No.1 dated April 22, 2010, and Amendment No.2 dated August 23,2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.3; authorizing the City Manager to take such actions and e~ecute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.3. AT 4:11 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 6 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 20,2010 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Vice-Mayor Trinkle was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 23 at 7:00 p.m., and Saturday, December 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: Recognition of winners from the 6th Annual Fire Prevention Week Art Contest. The Mayor recognized David Hoback, Fire Chief and presented certificates and bencils to the students. 7 " B. PUBLIC HEARINGS: 1. Request of Trustees, Mountain Dale Lodge No.. 49, Independent Order of Odd Fellows, to rezone property located at 2615 Orange Avenue, N. E., from IN, Institutional District to CG, Commercial General District. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 39035-122010 (6-0). 2. Request of Cynthia Arthur to permanently vacate, discontinue and close an alleyway located between 18th and 19th Streets, N. E., adjacentto Templeton Avenue, N. E., subject to certain conditions. Cynthia Arthur, Spokesperson. Adopted Ordinance No. 39036-122010 (6-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNED -7:26 P.M. \ 8 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 Adoption of Calendar of Events for Budget Preparation Activities for FY 2011-2012 Considerations: Annually, City Council approves the Calendar of Events for Budget Preparati.on Activities for the upcoming fiscal year. The recommended Calendar of Events for FY 2011-2012 is attached. Recommended Action: Approve the attached Calendar of Events for Budget Preparation Activities for FY 2011-2012. CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Date February 7, 2011 March 7, 2011 April 18, 2011 April 28, 2011 May 5 and 6, 2011 May 9, 2011 CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 2011 - 2012 Budget Preparation Activities Financial/Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) Financial/Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) Recommended budget presented to City Council at regularly scheduled meeting Public hearings on recommended budget and tax rates at 7:00 p.m. Budget Study - 8:30 a.m. - 5:00 p.m. , City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. ':..:: .1', ,,: , !.,', . ,. 'I; CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WlLLIAMM. HACKWORTH CITY ATfORNEY lELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP. FERGUSON ASSISTANT CITY ATfORNEYS December 20,2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel, pursuant to S2.2-3711.A.7, Code of Virginia (1950), as amended, on a matter of probable litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture ofthe City. With kindest personal regards, I am Sincerely yours, ~ Vv\. ~ William M. Hackworth City Attorney WMH/lsc c: Christopher Morrill, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB . Assistant Deputy City Clerk December 21,2010 Harold Wallick, Chair Towing Advisory Board Roanoke, Virginia Dear Mr. Wallick: This is to advise you that Michael P. Wright has qualified as a member of the Towing Advisory Boarc:j for a three-year term of office ending October 31,2013. tephanie M. Moon, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael P. Wright, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2013, according to the best of my ability (So help me God). .' i)' ~~-' - --------- Subscribed and sworn to before me this CfII^day of jc/~/t 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~d:~ ~LERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 21,2010 Karl Kleinhenz, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Kleinhenz: This is to advise you that Gail D. Kinzer has qualified as a member of the Fair Housing Board, to fill the unexpired term of Marie Green ending June 30,2012. /A6.A--5tephanie M. Moon, CMC ( U' City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gail D. Kinzer, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board to fill the unexpired term of Marie Green ending June 30, 2012, according to the best of my ability (So help me God). ~~~g~L / Subscribed and swo'rn to before me this IO~ay Of12~2Jl1 O. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~ , CLERK CITY OF ROANOKE ~OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 21, 2010 , Martha P. Franklin, Secretary { City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Kermit Hale has qualified as a member of the City Planning Commission commencing January 1,2011 and ending December 31,2014. l^- ephanie M. Moon, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kermit Hale, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission, commencing January 1 , 2011, and ending December 31, 2014, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~~daY ofhCR.mher201 O. BRENDA S. HAMILTON, CLERK OFTHE CIRCUIT COURT BY ~~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 21 , 2010 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Henry Scholz has qualified as a member of the City Planning Commission commencing January 1,2011 and ending December 31,2014. ~;LStephanie M. Moon, CMC '- U' City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Henry Scholz, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the, City Planning Commission, commencing January 1,2011, and ending December 31, 2014, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of~E.~ 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~ ~~~ , CLERK CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20,2010 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of su rplus publicly-owned property located at 425 Chu rch Avenue, S.W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pu rsuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. RISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers ,:-.1 3 .;-) 1- r" ::00 :.:t::: .. I-'" 1:$:1 Fr3 ,:-:1 r"t..) IS) ::t:", ::;;:: ~$: ~ 1$;1 p1, R-EPA Area Wide Planning Grantdoc q~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39023-122010. AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Area Wide Planning Technical Assistance Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the fqllowing sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Administrative Supplies Travel and Training Program Supplies Revenues Brownfield Area Planning Technical ,Assistance 35-615-8098-2010 35-615'-8098-2030 35-615-8098-2044 35-615-8098-2066 $ 160,000 3,000 7,000 5,000 35-615-8098-8098 175,000 Pursuant to the provisions of Section 12 of the City Charter, the.second reading of this ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 EPA Brownfield Area-Wide Planning Grant Acceptance Backg rou nd: The U.s. Environmental Protection Agency (EPA) administers a Brownfield Redevelopment Program that annually awards grants to states, tribal authorities, and local governments. EPA has awarded the City of Roanoke a Brownfields Area-Wide Planning grant in the amount of $175,000 to fund planning for Roanoke's Rail Corridor Planning Area. The "Rail Corridor Planning Area" covers approximately 560 acres from 5th Street, N.W. and S.W. on its eastern edge to 24th Street, N.W. and S.W. on its western edge. The corridor's southern boundary follows Patterson Avenue, S.W. and the north,ern boundary follows Loudon Avenue, N.W. There are approximately 60 brownfield eligible properties and sites within the corridor. No matching funds are required from the City. Funds from the planning grant will be used to evaluate economic conditions, determine best uses based on current and expected market conditions, and develop strategies for transitioning brownfield uses located in the planning area in support of the City-Wide Brownfield Redevelopment Plan previously adopted as a component of the City's comprehensive plan, Vision 2001 - 2020. Considerations: City Council action is needed to formally accept and appropriate this grant to fund such uses as established in a cooperative agreement between the EPA and the City, and to establish necessary guidelines for the use of the funds. A copy of such agreement is attached to this letter. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements, or related documents, such to be approved as to form by the City Attorney. Further authorize the City Manager to execute any necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such grant, including establishing gu ide lines for the use of such grant funds. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $175,000 for the EPA Area-Wide Planning Grant and to appropriate funding of the same to accounts to be established by the Director of Finance in the Grant Fund. CHRISTOPHER P. MORRILL City Manager c: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Management and Budget Robert B. Ledger, Economic Development Administrator J. Frederick Gusler, Senior City Planner 2 :;' '" i?lf'PjPfXt mJ! t';'(~;:.:,] <?"....J&..t."t!~"l<i.,'H ~1.~tr,.,4-'>,1 ;', '1'7'1>"" -,~~__ ~.i..,,~~.tl'...h_ ..'" ;.\~.{,:.. . (......--:... .,. , :~;~1'i1!11Klr~~' .fl,~-iJnGRH~~ TR - 83491601 - 0 Paoe 1 ASSISTANCE ID NO. ~~6!J S"'A~ U.S. ENVIRONMENTAL PRG I DOCID IAMEND# DATE OF AWARD . ft;s'. TR - 83491601 - 0 11/18/2010 i~Yll PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 11/26/2010 ~l. "R01t.~ Cooperative Agreement PAYMENT METHOD: ACH# ACH 33746 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Roanoke Treasurer 215 Church Ave SW Noel C, Taylor Bldg-Rm 364 City of Roanoke Roanoke, VA24011-1517 215 Church Ave SW -Noel C, Taylor Bldg-Rm 364 EIN: 54.6001569 Roanoke, VA 24011-1517 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST John Gusler Ann Carroll Brian Hublar City of Roanoke 1200 Pennsylvania Ave, NW, 5105T 1200 Pennsylvania Ave NW 215 Church Ave SW Noel C. Taylor Bldg-Rm 364 Washington, DC 20460 Washington DC 20460, 3903R Roanoke, VA 24011-1517 E-Mail: carroll.ann@epa.gov E-Mail: Hublar.Brian@epa.gov E.Mail: frederick.gusler@roanokeva.gov Phone: 202-566-2748 Phone: 202-564-0940 Phone: 540-853-1104 PROJECT TITLE AND DESCRIPTION Brownfields Area Wide Planning-Pilot for City of Roanoke This project provides funding for the City of Roanoke to conduct area-wide planning for the Railroad Corridor area to inform brownfields assessment, cleanup and reuse activities. There are approximately 60 brownfield eligible properties and sites within the roughly 560 acre area and potentially 40 sites in that area may be considered as part of this corridor plan. As an active rail yard bisects the area, additional considerations for reuse planning may need to be factor in the railline in consultation with neighborhood, housing, community and other project partners. BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST . 11/01/2010 - 10/31/2012 11/01/2010 - 10/31/2012 $175,000.00 $175,000.00 NOTICE OF AWARD Based on your application dated 08/28/2010, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $175,000. EPA agrees to cost-share 100,00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $175,000. Such award may be tenninated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affinnation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, SubChapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS ORGANIZATION / ADDRESS Grants and Interagency Agreement Management Division Environmental Protection Agency 1200 Pennsylvania Ave, NW Office of Solid Waste and Emergency Response Mail code 3903R 1200 Pennsylvania Ave, NW Washington, DC 20460 Washington, DC 20460' THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL I TYPED NAME AND TITLE I DATE Digital signature applied by EPA Award Official Denise A. Polk, Chief Grants Management Branch B 11/18/2010 AFFIRMATION OF AWARD r BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE I TYPED NAME AND TITLE I DATE EPA Funding Information TR - 83491601 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 175,000 $ 175,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $ 175,000 $ 175,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.814 - Brownfields Training CERCLA: See, 104(k)(6) 40 CFR PART 31 -Research and Technical Assistance Grants and -Cooperative Agreements - i Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation I Code Organization Class Organization Deobligation - 1101 D1 E019 11 E4C D100BGI 402D79E 4115 GQOOBZOO 175,OOC 175,000 TR - 83491601 - 0 Page 3 Budget Summary Page Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $7,000 4. Equipment $0 5. Supplies $5,000 6. Contractual $160,000 7. Construction $0 8. Other $3,000 9. Total Direct Charges $175,000 10. Indirect Costs: 0,00% Base $0 11. Total (Share: Recipient 0.00 % Federal 10000 %.) , $175,000 12. Total Approved Assistance Amount $175,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $175,000 15. Total EPA Amount Awarded To Date $175,000 TR - 83491601 - 0 Page 4 Administrative Conditions 1. In accordance with Section 2(d) of the Prompt Payment Act (P. L. 97-177), Federal funds may not be used by the recipient for the payment of interest penalties to contractors when bills are paid late nor may interest penalties be used to satisfy cost sharing requirements. Obligations to pay such interest penalties will not be obligations of the United States. 2. Rights to inventions made under this assistance agreement are subject to the provisions of Title 37 Code of Federal Regulations (CFR), Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements', as revised through the date of this assistance agreement. 3. The recipient understands that none of the funds for this project (including funds contributed by the recipient as cost sharing) may be used to pay for the travel of Federal employees or for other costs associated with Federal participation in this project. Except however, if a Federal agency is selected through the recipient's procurement process to carry out sorne of the work as a contractor to the recipient, funds may be used to allow necessary Federal travel and other costs associated with Federal participation in this project. 4. By accepting this agreement for the electronic method of payment through the Automated Clearing House (ACH) network using the EPA-ACH payment system, the recipient agrees to: (a) Request funds based on the recipient's immediate disbursement requirements by presenting an EPA-ACH Payment Request to your EPA Servicing Finance Office (see EPA-ACH Payment System Recipient's Manual for additional information). (b) Provide timely reporting of cash disbursements and balances in accordance with the EPA-ACH Payment System Recipient's Manual; and (c) Impose the same standards of timing and reporting on subrecipients, if any. Failure on the part of the recipient to comply with the above conditions may cause the recipient to be placed on the reimbursement payment metho~. 5. Pursuant to 40 CFR 31.41 (b) and 31.50(b), EPA recipients shall submit a final Federal Financial Report (SF-425) to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at htto://www.eoa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with this term and condition. 6. Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b), 7. HOTEL-MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA 10 is currently not required), or to find other information about the Act. 8. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A-21 , A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other pOlitical activities. 9. I. Reporting Subawards and Executive Compensation. A. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. You must report each obligating action described in paragraph A.1. of this award term to www.fsrs,gov. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31,2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. B. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received- (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2, Where and when to report. You must report executive total compensation described in paragraph b,1. of this award term: i. As part of your registration profile at www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. C. Reporting ofTotal Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-- L in the subrecipient's preceding fiscal year, the subrecipient received- (a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (Le., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. D. Exemptions 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: L subawards, and ii. the total compensation of the five most highly compensated executives of any subrecipient. E. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a sub recipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. --.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iiL A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life. health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v, Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 10. Central Contractor Registration and Universal Identifier Requirements. A. Requirement for Central Contractor Registration (CCR). Unless you are exempted from this requirement under 2 CFR 25,110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2.May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1, Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.gov). 2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform ). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a St~te, local government, or Indian tribe; b. A foreign public entity; c, A domestic or foreign nonprofit organization; d, A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. 11. In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co-regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. 12. In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.(:. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 13. Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information required under 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipients may access the Excluded Parties List System at http://www.epls.gov.This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 14. The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://WINW.access.gpo.gov/nara/cfr/waisidx_06/40cfr36_06.html. 15. a. The recipient agrees to: (1) Establish all subaward agreements in writing; (2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 21 O(a)-(d) of OMB Circular A-133 and are not used to acquire commercial gOOds or services for the recipient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501 (c)(4) organizations do not involve lobbying activities; (6) Monitor the performance of their recipients and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA's consent before making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and (8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be found at http://WINW.epa.gov/ogd/guide/subaward-policy-part-2.pdf.Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of OMB Circular A-133 can be found at http://WINW.epa.gov/ogd/guide/subawards-appendix-b.pdf and http://WlNWwhitehouse.gov/omb/circulars/a133/a133.html. c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. 16. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work, 17. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. 18. 1. Trafficking in Persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- i. Engage in sever forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity- i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either- A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement))," as implemented by our Agency at 2 CFR 1532. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency my unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a applicable prohibition in paragraph a.1 of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the sub recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR 1532. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) , as amended (22 U.S.C. 7104 (g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d, Definitions. For the purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25 ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than the one included in the definition of Indian tribe at 2 CFR 175.25 (b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and 'coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 19. In accordance with OMB Circular A-133, which implements the Single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit the SF-SAC and a SingleAudit Report Package. The recipient MUST submit the SF-SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. For complete information on how to accomplish the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site: h tip ://ha rvester. cens u s. gov/fac/ 20. Congress has prohibited EPA from using its FY 2010 appropriations to provide funds to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. None of the funds provided under this agreement may be used for subawards/subgrants or contracts to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to their EPA Grants Management Office. 21. In accordance with 40 CFR 30.24(b)(1), program income will be added to funds committed to the project by EPA and used to further eligible project or program objectives. 22. Any use of the EPA logo should be accompanied with a statement indicating that "This publication was developed under Assistance Agreement No,TR83491601-0 awarded by the U.S. Environmental Protection Agency. It has not been formally reviewed by EPA. The views expressed in this document are solely those of the City of Roanoke and EPA does not endorse any products or commercial services mentioned in this publication." 23. Unless the event(s) are specified in the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities (events). The recipient must send requests for approval to the EPA Project Officer and include: (1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s}; (2) A description of the purpose, agenda, location, length and timing for the event. (3) An estimated number of participants in the event and a description of their roles. Recipients may address questions about whether costs for light refreshments, and meals for events are allowable to the recipient's EPA Project Officer. However, the Agency Award Official or Grant Management Officer will make final determinations on allowability. Note: U.S. General Services Administration regulations define light refreshments for morning, afternoon or evening breaks to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins. (41 CFR 301-74.11) 24. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilizat,ion of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBEIWBE) participation in procurement under the financial assistance agreements. Current Fair Share Objective/Goal The award amount of this assistance agreement is $250,000, or less; or the total dollar amount of all of the recipient's financial assistance agreements from EPA in the current Federal fiscal year is $250,000, or less. Therefore, the recipient of this assistance agreement is exempt from the fair share objective requirements of 40 CFR. Part 33. Subpart 0, and is not required to negotiate a fair share objective/goal for the utilization of MBE/WBEs in its procurements. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEsin the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBEIWBE REPORTING. 40 CFR, Part 33, Sections 33.502 and 33.503 . The recipient agrees to complete and submit EPA Form 5700-52A, "MBEIWBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project ;s completed. Only procurements with certified MBEIWBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the periods ending March 31st and September 30th for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (April 30th and October 30th). Reports should be sent to Sara Ayres, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW Mail Code 3903R, Room 51225, Washington, DC 20460, 202-564-5391. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBElWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.gov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501 (b) and (c) Recipients and sub recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Proarammatic Conditions The recipient agrees to comply with the programmatic terms and conditions outlined in Attachment A. ATTACHMENT A Brownfields Area-Wide Planning Pilot Programmatic Terms and Conditions awarded under CERCLA l04(k)(6) I. GENERAL FEDERAL REQUIREMENTS A. Federal Policy and Guidance 1. By awarding this cooperative agreement, EP A has approved the Cooperative Agreement Recipient's (CAR or "the recipient") proposal for the Cooperative Agreement submitted in the competition for the Brownfields Area-Wide Planning Pilot cooperative agreements initiative and approved the final workplan. 2. In implementing this agreement, the recipient shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 1 04(k)( 6). 3. The recipient shall ensure that area-wide planning activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. There is a list of ineligible activities in Section III. B. below. In addition, the CAR is prohibited from using the area-wide planning funds to pay for a response cost at a brownfields site for which the CAR is potentially liable under CERCLA 9 107. If any area-wide planning activities involve site-specific activities, the CAR should refer to the requirements set forth in Section LB. below. 4. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 91910.120; the Uniform Relocation Act; the National Historic Preservation Act; the Endangered Species Act; any permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CPR S 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c); and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. B. Site-Specific Activities The following requirements will apply to all site specific activities, such as, but not limited to, cleanup planning. Page 1 1. 2. a. a. EP A does not anticipate that a CAR will engage in site-specific activities, per the prohibition in m.B below. However, in undertaking A WP activities, CARs should be aware that any work at brownfield sites may be subject to the following additional restrictions. The CAR must provide information to EP A about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre- approved in the recipient's work plan by the EP A. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in S 101 (39)(A) of CERCLA, the identity of the owner, the owner's liability status under CERCLA 9 107, if applicable, and the date of acquisition. b. Cooperative agreement funds may not be used to perform site specific work at any of the following properties: · Facilities listed, or proposed for listing, on the National Priorities List (NPL); · Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; · Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or · A site excluded from the definition of a brownfields site for which EP A has not made a property-specific funding determination. c. If the site is excluded from the general definition of a brownfield in CERCLA S lOl(39)(A), but is eligible for a property-specific funding determination under CERCLA ~ lOl(39)(C), then the recipient must provide information sufficient for EP A to make a property-specific funding determination, The recipient must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The recipient must not incur costs for cleanup planning for specific sites requiring a property-specific funding determination by EP A until the EP A Project Officer has advised the recipient that the Agency has determined that the property is eligible. For any petroleum contaminated brownfield site that is not included in the CAR's approved work plan at which the CAR anticipates engaging in site- specific activities, the CAR shall provide sufficient documentation to the EP A prior to incurring costs under this cooperative agreement which Page 2 includes documenting that: (1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (2) the State determines there is "no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) ofthe Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the CAR relevant to any ofthe determinations by the State must also be provided to the EP A Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EP A Project Officer and provide the information necessary for EP A to make the requisite determinati ons. d. EP A must also make all determinations on the eligibility of petroleum contaminated brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the CAR must contact the EP A Project Officer and provide the information necessary for EP A to make the determinations described in 2.a. above. 3. The CAR cannot use cooperative agreement funds to pay for a response cost at a site for which the recipient is potentially liable under CERCLA S 107. If the CAR is not potentially liable based on its status as either a Bona Fide Prospective Purchaser (BFPP), Contiguous Property Owner (CPO), or Innocent Land Owner (ILO), the CAR must meet ce11ain continuing obligations in order to maintain its status. If the CAR fails to meet these obligations, EPA may disallow the costs incurred under this cooperative agreement for cleaning up the site under CERCLA ~ 104(k)(7)(C). These continuing obligations include: Page 3 a. complying with any land use restrictions established or relied on in connection with the response action at the vessel or facility and not impeding the effectiveness or integrity of institutional controls; b. taking reasonable steps with respect to hazardous substance releases; c. providing full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration; and d. complying with information requests and administrative subpoenas and legally required notices (applies to the criteria for bona fide prospective purchasers and contiguous property owners). Notwithstanding the CAR's continuing obligations under this agreement, the CAR is subject to the applicable liability provisions ofCERCLA governing its status as a BFPP, CPO, or ILO. CERCLA requires additional obligations to maintain the liability limitations for BFPP, CPO, and ILO; the relevant provisions for these obligations include SSlOl( 35),101(40), 107(b), 107(q) and 107(r). II. GENERAL COOPERATIVE AGREEMENT REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is two years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 12 months from the date of award, EP A determines that the CAR has not made sufficient progress in implementing its cooperative agreement, EP A may terminate this agreement. For purposes of the area-wide planning pilot cooperative agreements, the CAR demonstrates "sufficient progress" when area- wide planning activities have been initiated, at least one community engagement activity that will help determine potential brownfields site reuse(s) has been completed, and/or a market or infrastructure analysis to inform brownfield site reuse(s) is underway. B. Substantial Involvement 1. The EP A will be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EP A generally includes administrative activities such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. Page 4 b. Substantial EP A involvement also includes brownfields property- specific funding determinations as needed, and as described in LB. under Site-Specific Activities above. c. Substantial EP A involvement may also include reviewing financial and technical reports; monitoring all reporting, record-keeping, and other program requirements; and facilitating the coordination and interaction between the CAR and other EP A programs or other Federal agencies involvement in the area-wide planning pilots. Although EP A may review and comment on draft and final reports, the CAR will make the final decision on the content of the reports. d. EPA may waive any of the provisions in term and condition II.B.1., with the exception of property-specific funding determinations. EP A will provide waivers in writing. 2. Effect of EPA's substantial involvement includes: a. EP A's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA S 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that area-wide planning activities comply with all applicable Federal and State laws. c. The CAR and its sub grantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR is responsible for ensuring that contractors and sub grant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement. 2. Subgrants are defined at 40 CFR S 31.37 for State, local and tribal governments or 40 CFR S 30.43 51 for other recipients. The CAR may not sub grant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR S 31.36 (State, local and tribal governments) or 40 CFR S 30.46 (for other types of recipients). In addition, EPA policy encourages awarding subgrants competitively and the CAR should consider awarding sub grants through competition. D. Quarterly Progress Reports Page 5 1. In accordance with EPA regulations (40 CFR 9 31.40 for State, local and tribal governments or 40 CFR 9 30.51 for other types of recipients), the CAR agrees to submit quarterly progress reports to the EP A Project Officer within thirty days after each reporting period. These reports shall cover work status, work progress, difficulties encountered, preliminary data results and a statement of activity anticipated during the subsequent reporting period, including a description of equipment, techniques, and materials to be used or evaluated. A discussion of expenditures along with a comparison of the percentage ofthe project completed to the project schedule and an explanation of significant discrepancies shall be included in the report. The report shall also include any changes of key personnel concerned with the project. In addition, the report shall include brief information on each of the following areas: 1) a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the assistance agreement work plan; 2) reasons why anticipated outputs/outcomes were not met; and 3) other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees that it will notify EPA of problems, delays, or adverse conditions which materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. The CAR must also include information on how they are coordinating (or have identified a need for coordination) with state or tribal agencies, local governments and/or community-based organizations, regional organizations, foundations, and other EP A and other Federal agencies. The coordination efforts will include information on: a. Reasons why a specific entity was engaged, or needs to be engaged. b. Name/organization of entity and what types of assistance they have or could provide. c. Ideas for improving overall project coordination with other entities. E. Final Report with Environmental Results In accordance with EP A regulations (40 CFR 9 31.40 for State, local and tribal governments or 40 CFR 9 30.51 for other types of recipients), the CAR agrees to submit to the EPA Project Officer within 90 days after the expiration or termination of the approved project period a final report and at least one reproducible copy suitable for printing. The final report shall document project activities over the entire project period and shall include brief information on each of the following areas: 1) a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the assistance agreement work plan; 2) reasons why anticipated outputs/outcomes were not met; and 3) other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees that it will notify EP A of problems, delays, or adverse conditions which materially impair the ability to meet the outputs/outcomes Page 6 specified in the assistance agreement work plan. F. Final Area-Wile Planning Report and Resources Needed and Next Steps At the end of the cooperative agreement, the CAR must submit a final area-wide plan and identification of resources needed and next steps for implementation. The final report will be informed by the area-wide planning activitie.s conducted as part of the workplan. III. FINANCIAL REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient To the extent identified in the approved work plan, cooperative agreement funds may be used for eligible programmatic expenses to support community involvement in area-wide planning activities and to perform area-wide planning activities that inform the assessment, cleanup and reuse of brownfields such as those listed in Section I.B ofthe Request for Proposals, "BROWNFIELDS AREA-WIDE PLANNING PILOT PROGRAM," EPA-OSWER-OBLR-IO-05, March 2010. B. Ineligible Uses of the Funds for the Cooperative Agl'eement Recipient I. Cooperative agreement funds shall not be used by the CAR or sub grant recipient for any of the following activities: a. Conducting actual site assessments, cleanups, or area-wide plan implementation; b. Conducting response activities often associated with cleanups (i.e., landscaping, demolition, and groundwater extraction); c. Costs that are unallowable (e.g., lobbying, fund-raising, alcoholic beverages) under Cost Principals 2 CFR 9 220 (universities), 2 CFR 9 225 (state, tribal, and local governments), or 2 CFR 9 230 (nonprofit organizations), as applicable; d. Matching any other Federal funds unless there is specific statutory authority for the match. CERCLA does not provide this authority; e. Proposal preparation costs; f. Projects or tasks that duplicate grants awarded under other EP A Brownfields grant programs described in CFDA Nos. 66.818, "Brownfields Assessment, Revolving Loan Funds, and Cleanup Grants" and 66.815, "Brownfields Job Training Grant" or other Federally-funded environmental training, research, or technical assistance programs in their target community or communities. Projects may, however, complement community wide planning activities EP A funds under CERCLA 9 104(k)(2) assessment grants; g. Projects related to exploring, testing and implementing smart gro\\l1h policies and applications, and projects EP A funds under Page 7 CFDA No. 66.611, "Environmental Policy and Innovation Grants" or through Smart Growth technical assistance; and h. Administrative costs, penalties, or fines. 2. Under CERCLA S 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under 2 CFR 9225 (state, tribal, and local governments), or 2 CFR S 230 (nonprofit" organizations), as applicable. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR ~~ 30 and 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the CAR is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for brownfields grants; (2) Record retention required under 40 CFR S 31.42 or 40 CFR ~ 30.53, as appropriate; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR SS 31.32 and 31.33 or 40 CFR SS 30.34 and 30.35, as appropriate; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR SS 31 JO or 40 CFR s30.25, as appropriate; . (5) Maintaining and operating financial management systems required under 40 CFR ss 30 or 31, as appropriate; (6) Preparing payment requests and handling payments under 40 CFR S 31.21 or 40 CFR S 30.22, as appropriate; (7) Non-federal audits required under 40 CFR S 31.26 or 40 CFR S 30.26, as appropriate, and OMB Circular A-133; and (8) Close out under 40 CFR S 31.50 or 40 CFR S 30.71. Page 8 IV. ENVIRONMENTAL REQUIREMENTS A. Quality Assurance (QA) Requirements Acceptable Quality Assurance documentation (QAPP) must be submitted to the EP A Project Officer before the recipient can begin any activity that may produce environmental data or use existing environmental data. A Quality Assurance Project Plan (QAPP) which meets the approval ofEPA must be prepared by the grantee 60 days before the start of the activities involving the environmental data. No work involving direct measurements or data generation, envirom11ental modeling, compilation of data fi:om literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under this project until the EP A Project Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance documentation (see 40 CFR 930.54 or 931.45 as appropriate). Additional information on these requirements can be found at the EP A Office of Grants and Debarment Web Site: http://www.epa.gov/ogd/grants/assurance.htm V. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EP A pursuant to 40 CFR ~ 31.21 (c) or 40 CFR 930.22, as appropriate. B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR ~ 31.50 or 40 CFR ~ 30.71, as appropriate. EPA will close out the award when it d,etermines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or termination of the cooperative agreement, must submit all financial, performance, and other reports required as a condition of the grant. 3. At the end of the cooperative agreement, the CAR must refund to the Federal agency any balance of unobligated (unencumbered) cash advanced on the cooperative agreement. Page 9 fflc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39024-122010. A RESOLUTION authorizing acceptance of additional funding for the AmeriCorps Grant from the Commonwealth of Virginia, Department of Social Services, Division of Community and Volunteer Services, and authorizing execution of any required documentation on behalf of the City necessary to accept the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts from the Commonwealth of Virginia" Department of Social Services, Division of Community and Volunteer Services, additional funding for the AmeriCorps Grant in the amount of $38,788, with a local cash match required from the City in the amount of $2,983, and in-kind service in the amount of $4,308, to be used by the Roanoke City Public Libraries to hire a total of 18 AmeriCorp members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults, as more particularly described in the report of the City Manager to Council dated December 20,2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the additional grant funding, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010., No. 39025-122010. AN ORDINANCE to appropriate additional funding from the Federal AmeriCorps program through the Virginia Department of Social Services to provide part-time personnel for various library services, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sectio~s of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages FICA Workers Compensation - Other Administrative Supplies Training and Development Wearing Apparel Revenues AmeriCorps Grant FY11 AmeriCorps Grant FY11 - Local 35-650-8305-1004 35-650-8305-1120 35-650-8305-1141 35-650-8305-2030 35-650-8305-2044 35-650-8305-2064 35-650-8305-8305 35-650-8305-8306 $ 36,250 2,983 300 2,723 (695) 210 38,788 2,983 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 Additional Funding for AmeriCorps Grant 2010-11 Background: The National and Community Service Trust Act of 1993, created AmeriCorps to expand opportunities for Americans to serve their communities. City Council accepted funding from the Commonwealth of Virginia Department of Social Services of $65,051 on September 7, 2010. Roanoke Public Libraries has now been awarded additional funding of $38,788 for an AmeriCorps grant totaling $103,839. This will enable the Library to hire a total of 18 AmeriCorps members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults. Classes will be located in a variety of places, including library locations, 21 st Century School Learning Centers and at partner agencies. The grant requires an additional cash match of $2,983 which is available in account 35-300-9700-5415, Local Match Funding for Grants, as well as an additional in-kind match of $4,308. The in-kind match is covered by various line items already in the Libraries' General Fund FY11 operating budget, such as: existing job and testing computer databases, computer equipment and administrative oversight. Considerations: City Council action is needed to formally accept and appropriate these additional funds, and authorize the Director of Finance to establish a revenue estimate and appropriations to use in implementation of the program in conformance with the AmeriCorps guidelines. Recommended Action: Accept AmeriCorps Grant and authorize the City Manager to execute the amended contract and grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to increase the existing revenue estimate in the amount of $38,788, transfer additional local cash matching funding of $2,983 from Local Match Funding for Grants (35-300-9700-5415), and to appropriate additional funding of $41,771 to account 35-650-8305 already established in the Grant Fund by the D' c r inance. CHRIS OPHER P. MORRILL City Manage r Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sheila S. Umberger, Director of Libraries ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39026-122010. A RESOLUTION authorizing acceptance of the Data Share Grant through the Edward Byrne Memorial Grant Program from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Criminal Justice Services, the Data Share Grant through the Edward Byrne Memorial Grant Program in the amount of $200,000, with a local cash match from the City of Roanoke of $13,082, the remaining $36,918 is being funded by other participating jurisdictions. Such grant is more particularly described in the report of the City Manager to Council dated December 20,2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice in connection with the acceptance of the foregoing grant. R-Data Share Grant 12-20-2010.doc fJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39027-122010. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Publications & Subscriptions Technology Maintenance, Contract~ Revenues Police Data Sharing FY10 - State Police Data Sharing FY10 - Local Match Police Data Sharing FY10 - Roanoke County , Police Data Sharing FY10 - City of Salem Police Data Sharing FY10 - Town of Vinton Police Data Sharing FY10 - Pulaski Police Data Sharing FY10 - Richlands 35-640-3645-2010 35-640-3645-2040 35-640-3645-2555 $ 113,000 40,000 47,000 35-640-3645-3645 35-640-3645-3646 35-640-3645-3647 35-640-3645-3648 35-640-3645-3649 35-640-3645-3650 35-640-3645-3651 150,000 13,082 7,004 13,296 1,184 3,684 11 ,750 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council December 20,2010 Law Enforcement Data Share Grant Background: The Department of Criminal justice Services (DCjS) distributes federal funding through the Edward Byrne Memorial Grant Program. Byrne programs may consist of many initiatives including improvements to technology that will enhance the functioning of the criminal justice system. Previously granted funds have allowed the creation of the Roanoke Area Criminal justice Information Network (RACjIN). The RACjlN enables officers from each Roanoke Valley police department to search data from the other departments with ease and convenience. The system allows officers to more easily track and compare criminal activity that crosses jurisdictional boundaries thus increasing the likelihood of rapid case clearances and reduced criminal activity. Earlier this year, DCjS awarded the police department $200,000 in Byrne Memorial Grant funding to enhance the capabilities of the RACJIN system. These enhancements will do the following: establish a link to the Mountain Empire Criminal justice Information Network (MECjIN) located in Southwest Virginia, establish a link to the National Data Exchange (NDEx) which holds nationwide data, add the Town of Pulaski to the RACjIN, provide for improved data integration from the City of Salem, establish an intelligence/data mining module to the system and provide predictive analytics to the RACjlN users. These new features will greatly enhance the nu mber of searchable data records available for use and provide a vast array of analytical tools that will make the RACjlN one of the most sophisticated data sharing/data analysis networks in the cou ntry. The grant program requires a cash match of $50,000. Agreements have been reached with the Chiefs of Police for the County of Roanoke, the City of Salem, the Town of Vinton, the Town of Richlands and the Town of Pulaski for $36,918 of the required match. The remainder of the match will be budgeted by $13,082 from Local Match Funding for Grants (35-300-9700-5415). Recommended Action: Accept the Data Share Grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved ~y the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for State grant funds of $150,000, local cash funding of $13,082, and funding from other localities of $36,918. The budget ordinance will transfer funding in the amou nt of $1 3,082 from 35-300-9700-541 5 to provide the City's share of the local match. The budget ordinance will also appropriate total funding of $200,000 in accounts to be established by the Director of Finance in the Grant Fu nd as follows: Appropriation: Description Amou nt Software Licenses Fees for Professional Services Support and Maintenance $ 40,000 $11 3,000 $ 47,000 $200,000 TOTAL ~------------ CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police ,:' I' 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 21, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Jeffrey L. Sanders, President Roanoke Chapter, National Railway Historical Society 1450 Lancer Drive Salem, Virginia 24153-6517 Dear Mr. Sanders: I am enclosing copy of Resolution No. 39028-122010 supporting, an application by the Roanoke Chapter, National Railway Historical Society (RCNRHS) to the Virginia Department of Transportation (VDOT) for additional funds from VDOT's Enhancement Grant Program in the amount of $249,766 for the restoration of the Virginian Railway Passenger Station property located in the City of Roanoke (Restoration Project); expressing the City's continued support for such Restoration Project; authorizing the City Manager to execute any required grant agreements or other documents necessary for the support of the RCNRHS application referred to above; and authorizing the City Manager'to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20,2010. Enclosure Jeff Sanders December 21 , 2010 Page 2 pc: Alison S. Blanton, Architectural Historian, Hill Studio, PC, 120 West Campbell Avenue, Roanoke, Virginia 24011 Richard Caywood, District Administrator, Virginia Department of Transportation, 731 Harrison Avenue, Salem, Virginia 24153 Christopher P, Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ~ PI)' IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA "\ The 20th day of December, 2010. No. 39028-122010. A RESOLUTION supporting an application by the R~~?~en<??apter, ~.~~}??~~. ~ailway Historical Society (RCNRHS) to the Virginia Department of Transportation CYI2Q.:D for additional funds from VDOT's Enhancement Grant Program in the amount of$249,766 for the restoration of the Virginian Railway Passenger Station property located in the City of Roanoke (Restoration Project); expressing the City's continued support for such Restoration Project; authorizing the City Manager to execute any required grant agreements or other doc~ents necessary for the support of the RCNRHS application referred to above; and authorizing the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, Use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions. WHEREAS, by Resolution No. 36411-061603, the City endorsed the Commonwealth Transportation's Board establishment of a project for the restoration of the Virginian Railway Passenger Station, together with other provisions as set forth in such Resolution; WHEREAS, by Resolution No. 37922-100107, the City agreed to serve as the new project sponsor for the restoration of the Virginian Railway Passenger Station, together with other terms and provisions asset forth in such Resolution; and WHEREAS, the RCNRHS is seeking additional VDOT Enhancement Grant funds in the amount of $249,766 for such Restoration Project and has requested that the City support this application as the project sponsor. R-VDOT-RCNRHS enhancement grant-2010.doc 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses its support of the RCNRHS application to VDOT for an additional $249,766 in VDOT Enhancement Grant funds to be used for the Restoration Project. - 2. The City acknowledges that there is a 20% local match requirement associated with this Restoration Project, but such 20% local match is being provided by other parties through donation of land, other funding sources, and through other RCNRHS contributions, all as more particularly set forth in the City Manager's Report dated December 20,2010, to this Council. 3. The City expresses its continued support for such Restoration Project. 4. The City Manager is hereby authorized to execute any required grant agreements or other documents necessary for the support of the RCNRHS application referred to above, with any such agreements or documents to be approved as to form by the City Attorney. 5. The City Manager is further authorized to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions, with any such documents being approved as to form by the City Attorney. 6. The City Clerk is directed to forward a copy of this Resolution to the appropriate officials at the RCNRHS and to any other entity as may be requested by the RCNRHS. ~ 'v. City Clerk. R-VDOT-RCNRHS enhancement grant-20l0,doc 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 20, 2010 Subject: Virginian Railway Passenger Station VDOT Enhancement Grant Application Background: Nationwide, Departments of Transportation have Enhancement Grant Programs for projects that improve non-motorized transportation, enhance the public's traveling experience, revitalize communities, and improve quality of life. A long standing Enhancement Grant project within the City of Roanoke is the restoration of the Virginian Railway Passenger Station, located at the intersection of Jefferson Street and Williamson Road. Considerations: This project has received partial funding in years past and the applicant, the Roanoke Chapter, National Railway Historical Society (NRHS,) is applying for additional funding in FY2012. Prior enhancement grant funding, along with funding from other sources, is currently being used to develop plans to restore the structural integrity of the building and repair the roof. This year's application is intended to address the remaining funding needed to complete the project. The applicant has been awarded $ 517,000 in Enhancement Grant Funds through the prior year applications. This year's application requests an additional $249,766 for a total of $766,766 in Enhancement Grant funding. The required 20% match for this level of funding is $153,353 and is being provided through donation of land, other funding sources, and through other Roanoke Chapter, NRHS contributions. A new requirement for this year's application is an updated resolution from the project sponsor, in this case, the City of Roanoke. VDOT indicates that the updated resolution is intended to ensure continued support by the sponsor recognizing that additional funding also increases the required 20 percent local match. In the case of this project, no City funding is required. The 20 percent local match is provided as described above. . Recommended Action: Adopt the accompanying resolution continuing to endorse this year's application for additio al funding in support of the renovation of the Virginian Railway Pa er tation. CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers Mark D. Jamison, P.E., Transportation Division Manager /\ s~ \ \0 \ \. \D. ) \.' \ 'J-, \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39029-122010. A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Transportation for Transportation Enhancement Funds to fund the remaining 2.6 miles of the Roanoke River Greenway Trail necessary to complete the City's connection to Salem; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute and submit an application to the Virginia Department of Transportation for Transportation Enhancement Funds in the amount of $957,300, which requires an additional local match from the City of$239,250, to fund the remaining 2.6 miles of the Roanoke River Greenway Trail necessary to complete the City's connection to Salem, as moreparticulafly set forth in the City Manager's report dated December 20,2010, to this Council. 2. The City Manager is hereby authorized to execute any forms necessary to submit such application, such forms to be approved as to form by the City Attorney, and to furnish such additional information or to take any other action as may be required in connection with the City's submission of such application. R-VDOT Enhancement Grant-Green~ay,doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20,2010 Roanoke River Greenway Trail: Transportation Enhancement Grant- Bridge Street to Salem Section Backg rou nd: The Roanoke River Greenway Trail is the Roanoke Valley's priority project for thegreenway network. As a community effort, the greenway has received widespread support from citizens, neighborhood groups, businesses, civic organizations, and local governments. The City has been committed to this project as a component of its livability critical to health, environmental sustainability, active transportation, and economic development. Roanoke has completed more'than 6 miles of this 1 O-mile effort to-date. Considerations: The City has maintained a positive and beneficial relationship with the Enhancements Division of the Virginia Department of Transportation resulting , . in previous grant awards in excess of $3,000,000. The remaining 2.6 miles of trail necessary to complete the City's connection to Salem is the most challenging section to construct thus far: an estimated $6,000,000. In cooperation with the Regional Greenways Commission, our plan is to annually apply for maximum enhancement funding until this critical trail connection is achieved. The Transportation Enhancement Program is an 80%-20% reimbursable grant; with potential additional local VDOT charges up to 5% of the project cost. The 2010-2011 grant request will be for $957,300, with an additional $239,250 matching requirement from the City. If the grant was received, the source of the match amount would be the City's annual appropriation of funds to the greenway program. Recommended Action: Authorize the City Manager to apply for Transportation Enhancement Funds in the amount of $957,300 for the Roanoke River Greenway project. /7P '-1-_1 fJ. ~ ~------------- CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation \ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 21, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39030-122010 amending and reordaining Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c). , The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 2010; and is in full force and effect upon its passage. ""' Cecelia T. Webb Assistant Deputy City Clerk Enclosure pc: Wendy J. Jones, Executive Director, WRABA, 4804 Williamson Road Roanoke, Virginia 24012 The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domesti~ Relations District Court Chief Magistrate, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman Stovall, Assistant City Manager for Operations ci:\~ , ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39030-122010. AN ORDINANCE amending and reordaining Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c); and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 30-111. Time Limitations. * * * (c) Within the Central Business District, and within all districts outside the Central Business District and zoned R-12, R-7, R-5, R-3, RM-I, RM-2 and RMF, aA banner may be displayed for a continuous period of up to thirty (30) days, or such shorter period as may be established by the permit issued by the city manager, and such banner shall be removed for a minimum of one hundred eighty (180) consecutive days prior to reapplication for a permit to erect the same banner again. Outside the Central Business District and within districts not zoned R-12, R-7, R-5, R-3, RM-I, RM-2 and RMF, a banner may be displayed for a continuous period of up to one hundred eighty (I80) days, or such shorter period as may be established by the permit issued by the city manager, and such banner shall be removed for a minimum of ninety (90) consecutive days prior to reapplication for a permit to erect the same banner again. * * * O-Amending Section 30-lll(c).doc . I 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. O-Amending Section 30-111 (c).doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20,2010 Proposed Amendment to Banner Ordinance Background: Roanoke City Council authorized an encroachment for the Williamson Road Area Business Association (WRABA) in January, 2010, to install two support poles in the City right-of-way of Williamson Road. The poles were subsequently installed and now allow for the installation of banners advertising sponsored public events along the Williamson Road corridor. Approval is administratively granted by City staff for each banner installation. The City Code presently permits such banners to be installed for a maximum of 30 days at a time. The majority of the events promoted on banners, such as Star City Motor Madness, Fiddle Fest and Greek Fest occur during Spring and Summer months, leaving several consecutive months during the remainder of the year when there is no event to promote. WRABA has requested an amendment to the City Code to allow a banner outside the Central Business District (CBD) and not within areas zoned R-12, R-7, R-5, R-3, RM-1 , RM-2 and RMF to remain installed for more than the 30 day maximum, enabling the display of a banner, such as its generic WRABA banner, for a longer period of time. Considerations: A proposed ordinance change has been developed that increases the time limit to 180 days for a banner outside the CBD and not within areas zoned R-12, R-7, R-5, R-3, RM-1, RM-2 and RMF. This would enable WRABA to display a banner, such as its generic WRABA banner, for 180 days. This change would not be applicable in the Central Business District where there is significant demand and a high turnover rate for banner installations. In addition, this amendment would not change the maximum length of time a banner may be hung in the enu merated residential districts (30 days). Recommended Action: City Council adopts the attached ordinance implementing the change described (?~e Section 30-111 (c). CHRISTOPHER P. MORRILL City Manager' Distribution: Council Appointed Officers CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk December 28, 2010 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Budget Ordinance No. 39031-122010 to appropriate funding from the Series 2010A Virginia Public School Authority - Qualified School Construction Bonds to various school capital projects, amending and reordaining certain sections of the 2010-2011 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 2010, and is in full force and effect upon its passage. c Iia 1. Webb Assistant Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget \ ../ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. / No. 39031-122010. AN ORDINANCE to appropriate funding from the Series 201 OAVirginia Public School Authority - Qualified School Construction Bonds to various school capital projects, amending and reordaining certain sections of the 2010-2011 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Preston Park Building Improvements (Energy Imp.) Morningside Building Improvements (Energy Imp.) Westside Building Improvements (Energy Imp.) Monterey Building Improvements (Energy Imp.) Revenues QSCBNPSA Preston Park Energy Improvements QSCBNPSA Morningside Energy Improvements QSCBNPSA Westside Energy Improvements QSCBNPSA Monterey Energy Improvements 31-065-6079-9303 31-065-6078-9303 31-065-6080-9303 31-065-6077 -9303 31-065-6079-6100 31-065-6078-6100 31-065-6080-6100 31-065-6077-6100 $ 155,534 345,198 392,296 241,972 155,534 345,198 392,296 241,972 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. .. . ~itY Clerk. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 Appropriation of Bond Proceeds from Sale of Qualified School Construction Bonds (QSCB), Series 2010A, through the Virginia Public School Authority (VPSA) Background: In January 201 0, Roanoke City Public Schools was notified that four of its ten applications to the VPSA for Qualified School Construction Bonds were approved and that work totaling $1,11-0,539 would be funded with 0% interest debt. The approved applications were for capital maintenance work at Preston Park, Morningside, Westside, and Monterey Elementary Schools. In order to assure receipt ofthe $1,110,539 in bond proceeds and proVide flexibility to sell the bonds at a discount if market conditions indicate, the City's financial advisor, Public Financial Management, Inc., (PFM) recommended authorization for issuance of up to $1,230,000. This project was not a part of the adopted CIP. However, the project was brought to the Council's attention on January 19,2010, and was included in the planned FY11 debt issuance. As a result of official School Board action on May 11,2010, the Board approved the resolution to participate in Qualified School Construction Bonds (QSCB) funding for a work program that would begin lo. address HVAC, lighting and plumbing work at several schools. QSCB requirements' include an energy usage improvement component. On June 7,2010, City Council adopted a resolution authorizing the issuance of Qualified School Construction Bonds up to $1,230,000 for school capital projects. On July 8, 2010, the Virginia Public School Authority (VPSA) issued .Qualified School Construction Bonds in the amount of $1 ,135,000. Bid awards have been made for the work to be completed and an appropriation of funds is necessary so the projects can proceed. ' Recommended Action: City Council adopt the accompanying budget ordinance to reflect the sale of a Qualified School Construction Bonds (QSCB), Series 201 OA, through the Virginia Public School Authority (VPSA), in the amount of $1,135,000. This budget ordinance will establish a revenue estimate from proceeds from the l5'0I1Q", sale and will appropriate expenditures in the same amount to four accounts for the Preston Park, Morningside, Westside, and Monterey Elementary School energy improvement"JJrojects. . .".--...- -~;,.~~ ANOO5i~~\J Y-~ Director of Finci'nce....., Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS I: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 21, 2010 The Honorable Onzlee Ware Member, House of Delegates P. O. Box 1745 Roanoke, Virginia 24.018 The Honorable H. Cleaveland Member, House of Delegates 40 British Woods Drive Roanoke, Virginia 24019 The Honorable John S. Edwards Member, House of Senate P.O. Box 1179 Roanoke, Virginia 24006-1179 Dear Members of the General Assembly: I am enclosing copy of Resolution No. 39032-122010 endorsing the Virginia First Cities 2011 Legislative Agenda. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20,2010. ecelia T. Webb Assistant Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA . The 20th day of December, 2010. No. 39032-122010. A RESOLUTION endorsing the Virginia First Cities 2011 Legislative Agenda. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby endorses the Virginia First Cities 2011 Legislative Agenda and commends it to the City's elected representatives 'in the General Assembly. 2. The City Clerk is directed to forward an attested copy of this Resolution and a copy of the ,Virginia First Cities 2011 Legislative Agenda to the City's elected representatives in the General Assembly. A lJpj City Clerk. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY lELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov December 20,2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2011 Virginia First Cities Legislative Agenda Dear Mayor Bowers and Members of Council: TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATBERP. FERGUSON ASSISTANT CITY AlTORNEYS 2011 Virginia First Cities recently has adopted a Legislative Agenda, a copy of which is attached. Several of the items parallel items in the City's Legislative Program. Usually, City Council endorses the First Cities Legislative Agenda when it adopts the City's annual Legislative Program, but the timing of the two did not permit this this year. I have attached a resolution for your consideration by which Council may endorse the 2011 Virginia First Cities Legislative Agenda. With kindest personal regards, I am Sincerely yours, LJ~ h .~ William M. Hackworth City Attorney WMH/lsc Attachment c: Christopher P. Morrill, City Manager Stephanie M. Moon, City Clerk ~ ~. . . F I RS1CiTiES 2011 LEGISLATIVE AGENDA STRENGTHEN THE STATE-LOCAL PARTNERSHIP IN THE DELIVERY OF STATE MANDATED SERVICES VFC strongly supports preserving funds for state programs that have a disproportionate impact on cities with high fiscal stress, high poverty concentrations, and aging urban infrastructure. VFC supports funding for the following programs: VFC Priority Pr02rams At-Risk Education Incentive Programs State Aid to Local Police Depts. (HB 599) Local Jails and Per Diems Juvenile Justice Assistance Enterprise Zone Programs Street Maintenance Payments CSA CSBs Public Transit · Eliminate the Mandatory Aid to Locality (ATL) Reductions: The state should appropriate its surplus revenues to eliminate the $60M /yr. mandatory reduction in aid to localities (ATLs). There is a disproportionate impact on VFC localities. · State Mandates: During the recession, the state should refrain from passing additional local unfunded mandates and postpone the implementation of costly regulations with a local fiscal impact. · BPOL /Machinery and Tools Tax: Oppose efforts to eliminate these important revenue sources due to the impact their loss would have on the local revenue. REGIONAL STRATEGIES The state should facilitate regional cooperation to promote efficiency, mitigate inequities, and overcome barriers that result from Virginia's unique local government structure and moratorium on annexation. · Regional Service Delivery: Support state incentives and additional local tools to encourage regional approaches to service delivery such as economic development, health and human services, transportation, or Constitutional Officers. VFC is a strong supporter of regional initiatives, and advocates for increased local government input in the development of regional strategies through the Council of Virginia's Future and the Commission on Government Reform and Restrncturing. EMPLOYMENT AND ECONOMIC DEVELOPMENT Give priority to urban and rural localities with high unemployment. As of September 2010, Virginia First Cities had nearly 52,000, or 19.1%, of the state's unemployed, more than all Southside and Southwest localities combined. · Job Training and Creation: A comprehensive approach should include priority funds for the education of at-risk students and workforce training at community colleges. This is a recommendation of the Governor's Commission on Economic Development and Job Creation. · Brownfields Assessment: Initiate and fund a public-private Revolving Loan Fund for Phase II property assessments to expedite the reuse and redevelopment of brown field sites. The Governor's Commission on Economic Development and Job Creation Commission reported that "Since August 2003, 60 sites have used the Virginia Brownfield program for redevelopment, representing over $700M in new value along with hundreds of jobs created or saved," and "Biownfields are often a . .... 11 11 . . EDUCATION/PREVENTION Reduce the achievement gap and improve Virginia's workforce and long-term economy by directing additional funds to public schools with high at-risk populations to increase graduation rates and educational attainment. · Local Composite Index (LCI): Increase the FYl2 hold harmless for the LCI beyond the 50% adopted in 2010. · Support Funds for At-Risk Add-On, K-3 Class Size Reduction, and Virginia Preschool Initiative and other education incentive fund programs. These programs are responsible for improving SOL and NCLB test scores and standards of achievement and reducing student dropout rates. · Maintain access to prevention initiatives that work including the "Smart Beginnings" initiative and the successful "Healthy Families" program. URBAN REVITALIZATION · Neighborhood Preservation: Support policies that maintain vibrant neighborhoods and eliminate blight. The Governor's Economic Development and Job Commission recommends providing state financial and tax incentives to: 1) enhance the economic feasibility of reusing vacant, abandoned, and derelict structures and 2) encourage private investment to rehabilitate buildings in older neighborhoods and commercial districts. · Evictions: Support legislation that eliminates the provisions permitting the personal property of persons being evicted from being placed in the "public way." Instead, personal property of persons being evicted should be placed in a secure location to be provided by the owner of the real estate. · Housing Trust Fund: Support the establishment of a Housing Trust Fund to increase affordable housing across urban areas. TRANSPORT ATION/LAND USE/INFRASTRUCTURE · Oppose shifting additional general funds to transportation. · Enact state transportation revenue increases to adequately support the transportation network. · Maintain street maintenance funding and policies. This helps maintain critical city and town infrastructure. · Restore state funds for public transportation and provide strong incentives for participation by all localities in the provision of regional public transportation service. · Provide state dedicated funds for the operation of inter-city passenger rail service. · Support state transportation land use policy initiatives that use existing infrastructure, support city redevelopment, and discourage dispersed development patterns. · Urban Infrastructure: Support funding to maintain critical water and sewer infrastructure. OTHER POSITIONS · Support state prisoner re-entry programs to reduce recidivism and create safer communities. · Eminent Domain: Oppose an eminent domain constitutional amendment. Eminent domain laws were strengthened in 2007 that limit condemnation by housing authorities and localities. A constitutional amendment is unnecessary. · Gubernatorial Succession: Support legislation allowing Virginia governor to serve a maximum of two successive terms. . Predatorv Lendin{!: Sunnort thp. p.n~~tmp.nt of bw<: <:tril'tlv nrnhihiti"O' <>"<1 <1"t"....i".... ~11 "~o,;lnt~~' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-II45 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 21, 2010 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39033-122010 appropriating funding from the Federal and government for various, educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 2010, and is in full force and effect upon its passage. Cece la T. Webb Assistant Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39033-122010. AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2010- 2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Salary Social Security , Instructional Materials & Supplies Revenues Federal Grant Receipts 302-110-0000-1 070-134E-611 00-41121-9-09 302-110-0000-1 070-134E-611 00-42201-9-09 302-110-0000-1070-134E-61100-46614-9-09 $ 26,013 1,989 23,600 302-000-0000-0000-134E-00000-38010-0-00 51,602 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. '-. .~ ~lW ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. December 20, 2010 School Board The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 David B. Carson Chairman Dear Members of Council: Jason E. Bingham Vice Chairman As a result of official School Board action on December 14, 2010, the Board respectfully requests City Council approve the following revised appropriation, which impacts the Schools' 201.0-11 budget: Mae G. Huff Annette Lewis Suzanne P. Moore Todd A. Putney Lori E. Vaught Revised Appropriation Additional Award Dr. Rita D. Bishop Superintendent Title I, Part D Detention Center Reading Program 2010-11 $51,602 Cindy H. Poulton Clerk of the Board The School Board thanks you for your approval of the appropriation request. Sincerely, ~p~ Cindy H. Poulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Yen Ha (with details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council December 20, 2010 School Board Appropriation Request Background: As the result of official School Board action at its December 14th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2010-11 Title I, Part D Detention Center Reading program grant of $51 ,602 provides funds to employ a Reading .teacher at the Roanoke Valley Juvenile Detention Center. The program grant increase represents the final allocatip"n awarded. The program is fully reimbursed by Federal funds and will end September 30,2012. Recommended Action: We recommend that you concurwith this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. m~~ ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS f? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39034-122010. AN ORDINANCE approving an Amendment No. 3 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment No.1 dated April 22, 2010, and Amendment No.2 dated August 23, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.3; authorizing the , City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.3; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into a Contract dated April 27, 2009, for the Purchase and Sale of Real Property (Contract), being the City-owned former YMCA facility located at 425 Church Avenue, S.W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- 042009; WHEREAS, the Seller and Buyer entered into an Amendment No.1 to Contract For Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38782-041910; WHEREAS, the Seller and Buyer entered into an Amendment No. 2 to Contract For Purchase and Sale of Real Property dated August 23, 2010, w~ich amended, changed, O-Amendment 3 to YMCA Contract.doc 1 or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38924-081610; WHEREAS, it appears reasonable to modify the closing date to extend the time for closing from December 31,2010, to and including January 31,2011, all as more fully described in a Report dated December 20, 2010, from the City Manager to this Council and as set forth in the proposed Amendment No.3 attached to such Report; and WHEREAS, City staff recommends that City Council approve Amendment No.3 and authorize the proper City officials to execute such Amendment No.3. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the amendments, changes, or modifications to certain terms and provisions of the Contract dated April 27, 2009, Amendment No.1 ( dated April 22, 2010, and Amendment No.2 dated August 23, 2010, between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's Report dated December 20, 2010, to this Council and as set forth in the proposed Amendment No.3 attached to such Report. 2. The City Manager is authorized on behalf of ' the City to execute an Amendment No.3 to the Contract dated April 27, 2009, as amended, providing for amendments, changes, or modifications to the terms and provisions of such Contract, as amended, all as more fully set forth in the above mentioned City Manager's Report to this Council, upon certain terms and conditions as set forth in such Report and the attached Amendment No.3 to that Report. Such Amendment No.3 may also contain any other O-Amendment 3 to YMCA Contract.doc 2 terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.3 to the Contract, and of the Contract itself and Amendment No.1 and Amendment No.2 to it. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 4~ CityClerk. O-Amendment 3 to YMCA Contract.doc 3 CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council December 20, 2010 Amendment No.3 to Contract for Purchase and Sale of Real Property with W. E. Muse Station, LP Background: The City and W. E. Muse Station, LP (Buyer) entered into a Contract for Purchase and Sale of Real Property (Contract), dated April 27, 2009, regarding the City- owned former YMCA facility located at 425 Chu rch Avenue, S.W. (tax map nos. 1011206, 1011309, and 1011210). The Contract, authorized by City Council on April 20, 2009 on adoption of Ordinance No. 38429-042009, requires the Buyer to undertake renovation of the facility resulting in approximately 16,000 square feet of commercial space on the first floor, 32 or more apartment units for rent on the upper floors, and invest at least $3,400,000 in the project under certain terms and conditions, including a purchase price of $10 paid to the City. The significant conditions and obligations of the Buyer contained in the Contract will su rvive the real estate closing. Contract Amendment No.1, dated April 22, 2010 was authorized by City Council by Ordinance No. 38782-041910 adopted on April 19, 2010. Amendment No.1, among other things, extended the closing date approximately four months until August 31, 2010. Contract Amendment No. 2, dated August 23, 2010, was authorized by City Council by Ordinance No. 38924-081610, and further extended the closing date four additional months to December 31, 2010. Considerations: During the extension period previously granted under Amendment No.2, the Buyer has continued to focus on several aspects of the financing for the project. The Buyer has now received approval of both Part 1 and Part 2 certifications of the project by the Virginia Department of Historic Resources (DHR) and Federal Department of Interior. This two step approval process is necessary for the syndication and use of state and federal historic rehabilitation tax credits, which is a significant part of the Buyer's financing structure for construction of the project. The Buyer has also received a preliminary confirmation of expected historic rehabilitation tax credit equity that may inure to the project of approximately $1.45 Million. A permanent financing commitment previously obtained for the project from the Virginia Housing and Development Authority (VHDA) remains in place. While the Buyer has not yet been able to secure final approval of construction financing for the project, the Buyer has been working diligently to provide a performance bond with a corporate surety or'a letter of credit in the amount of $650,000 as required by the Contract prior to the real estate closing deadline. With a limited amount of time remaining before' the contract's end (December 31, 2010) and with no further City Council action possible until January 3, 2011, if there is some issue with the form or content of the proposed performance bond or letter of credit, and closing could not therefore occur prior to December 31 st, the sales contract would automatically terminate. In order to avoid and alleviate the outcomes of a default of the contract under such circum~tances, the attached Amendment No.3, extends the period of time that the real estate closing may occur up to, and including January 31, 2011. All other terms and conditions of the Contract dated April 27, 2009, and Amendment No.1, dated April 22, 2010, and Amendment No.2, dated August 23,201 O,'between the parties will remain in full force and effect. Recommended Action: Approve the changes and modifications to the Contract and Amendment No and Amendment No.2 as set forth in the proposed Amendment No.3. Authorize the City Manager to execute an Amendment No.3 to the Contract, as amended, between the City and W. E. Muse, LP, in a form substantially similar to the one attached, with the form of such Amendment No.3 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Am-endment No.3 to the Contract, and of the Contract and Amendments No. 1 and No. 2 of the Contract. (}jfJ /1// -----------~~~-------- CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager Anthony Smith, Managing Member, W. E. Muse Station, LP 2 AMENDMENT NO.3 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This is Amendment No.3 to a certain Contract For Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and W. E. Muse Station, LP, a Virginia limited partnership (Buyer) (Amendment No.3). This Amendment No.3 is dated ,2010. WITNESSETH: WHEREAS, the Seller and Buyer entered into a Contract dated April 27, 2009 (Contract), that provided for the Seller to sell and the Buyer to purchase certain real property, including the building located thereon (Building), located at 425 Church Avenue, SW, Roanoke, Virginia 24016, all as more fully described in such Contract and subject to certain terms and conditions as set forth in such Contract; WHEREAS, the Seller and Buyer entered into an Amendment No.1 to Contract For Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the property referred to in the Contract; WHEREAS, the Seller and Buyer entered into an Amendment No.2 to Contract For Purchase and Sale of Real Property dated August 23,2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the property referred to in the Contract; WHEREAS, it appears reasonable to modify the closing date to extend the time for closing to and including January 31, 2011; and WHEREAS, the Seller and Buyer now wish to reduce to writing the amendments, modifications, and changes to the Contract which have been agreed to by the parties. NOW, THEREFORE, the Seller and the Buyer, in consideration of the promises and obligations contained in the Contract; in Amendments No. 1 and No.2, and in this Amendment No.3, mutually agree as follows: SECTION 1. MODIFICATION OF THE CLOSING DATE TO EXTEND THE TIME FOR CLOSING. Section 3 (C) of the Contract? Section 2 (B) of Amendment No.1, and Section 1 of Amendment No.2 are hereby amended and changed by adding the following sentences thereto: "Notwithstanding anything else in this Contract and in Amendment No. 1 and Amendment No.2, the parties agree that the time period of three hundred sixty-five (365) days referred to in the first sentence of this Section 14 (C) was extended by mutual agreement of the parties for the time period up to and including August 31, 2010, at the request of the Buyer, and such time period was further extended to and including -3270311.doc 1 December 31, 2010. Such time period is hereby further extended to and including January 31, 2011, but there will be no further extensions beyond January 31, 2011, without further action of City Council. SECTION 2. CONTINUATION OF THE TERMS AND CONDITIONS OF THE CONTRACT. AMENDMENT NO.1. AND AMENDMENT NO.2. All the terms and conditions of the Contract dated April 27, 2009, Amendment No.1 dated April 22, 2010, and Amendment No.2 dated August 23, 2010, together with the promises and obligations contained in this Amendment No.3, shall and they do hereby continue in full force and effect, except and only to the extent as modified above. SIGNATURE PAGE TO FOLLOW -3270311,doc 2 IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No.3 by their authorized representatives. ATTEST: City Clerk WITNESS/ATTEST: Printed Name and Title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager W. E. MUSE ST AnON, LP By Roanoke 1, LLC, General Partner By Anthony Smith, Managing Member The foregoing instrument was acknowledged before me this _day of , 2010, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. My commission expires: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: Notary Public Registration No. The foregoing instrument was acknowledged before me this _day of , 2010, by Anthony Smith, Managing Member of Roanoke 1, LLC, General Partner, for and on behalf of W. E. Muse Station, LP. My commission expires: Approved as to Form: Assistant City Attorney Authorized by Ordinance No. Notary Public Registration No. Approved as to Execution: Assistant City Attorney -3270311,doc 3 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor December 20,2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to remind you that I will not be in attendance at the 7:00 p.m. session of Council on Monday, December 20,2010 inasmuch as I have to attend a high school function. ,~,""- Best wishes for a successful meeting. avid B. Trinkle Vice-Mayor /ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telepho'ne: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk December 21 , 2010 Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 39035-122010 rezoning property located at 2615 Orange Avenue, N. E., from IN, Institutional District, to CG, Commercial General District, as set forth in the Zoning Amendment Application dated October 6,2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 2010, and is in full forc;;e and effect upon its passage. it51 lJ{JJLr Cecelia T. Webb Assistant Deputy City Clerk Enclosure Maryellen F. Goodlatte December 21, 2010 Page 2 pc: D. White Properties, LLC, 1936 Cocoplum Way, Naples, Florida 34105 Gary W. and Patricia Morris, 1034 Goodland Drive, N. E., Roanoke, Virginia 24012 Elva B. Bowling, 1028 Goodland Drive, N.' E., Roanoke, Virginia 24012 Kim G. Ragsdale, 2601 Cannaday Road, N. E., Roanoke, Virginia 24012 Trustees, Lighthouse Full Gospel Church, 557 Archway. Road, Blue Ridge, Virginia 24064 Benjamin and Carol Ellis, 2450 Cannaday Road, N. E., Roanoke, Virginia 24012 CCD Management, L TD, P. O. Box 12528, Roanoke, Virginia 24026 Akash, Inc., 4367 Jordantown Road, Vinton, Virginia 24179 Stephen G. Shepherd, 2609 Orange Avenue, N. E., Roanoke, Virginia 24012 Bellavista Holdings, LLC, 302 5th Street, S. W., Unit A, Roanoke, Virginia 24016 Mary Hylton, P. O. Box 12147, Roanoke, Virginia 24023 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission -, 4~ ", j'~ ~f\ ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. No. 39035-122010. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Trustees, Mountain Dale Lodge No. 49, Independent Order of Odd Fellows, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2615 Orange Avenue, N.E., bearing Official Tax No. 7070108, rezoned from IN, Institutional District, to CG, Commercial General District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 20,2010, after due and timely notice thereof as required by 936.2- 540, Code of the C.ity of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the. public O-Mountain Dale Lodge-rezone,doc necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is ofthe opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 7070108, located at 2615 Orange Avenue, N.E., be and is hereby rezoned from IN, Institutional District, to CG, Commercial General District, as set forth in the Zoning Amendment Application dated October 6,2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. O-Moulltain Dale Lodge-rezone.doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 Request from Trustees, Mountain Dale Lodge #49, Independent Order of Odd Fellows, to rezone property located at 2615 Orange Avenue, N.E., Official Tax No. 7070108, from IN, Institutional District, to CG, Commercial General District. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, November 18,2010. Bya vote of 6-0 (Ms. Katz absent), the Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the HollinslWildwood Area Plan. Rezoning the subject property to CG District is appropriate to the site's existing physical improvements, land use, and surrounding neighborhood. Application Information Request: Rezoning Owner: Trustees, Mountain Dale Lodge #49, Independent Order of Odd Fellows (Rick Huddleston, Noble Grand, Trustee) Applicant: Maryellen F. Goodlatte, Esq. City Staff Person: Maribeth B. Mills Site Address/Location: 2615 Orange Avenue NW Official Tax Nos.: 7070108 Site Area: 2.913 Acres Existing Zoning: IN, Institutional District Proposed Zoning: CG, Commercial-General District Existing Land Use: Club, lodge, civic, or social organization; Retail sales establishment; General or professional office Proposed Land Use: Club, lodge, civic, or social organization; Retail sales establishment; General or professional office Neighborhood Plan: HollinslWildwood Area Plan Specified Future Land Use: Institutional Filing Date: Original Application: October 6, 2010 Background As part of the City's comprehensive rezoning in 2005, the subject property's zoning was changed from C-2, Commercial-General District, to IN, Institutional District. The IN District was assigned to this parcel due to the site's primary occupant, Mountain Dale Lodge #49 (lodge, club, civic, or social organization). The lodge has occupied the site since 1987, using the second floor of the existing two-story building for meeting space and leasing out four suites on the ground floor. Over the years, these suites have been leased to retail sales establishments, general and professional offices, and places of worship. Current tenants include Commando Supply, State Farm Insurance, and Jewelry Exchange. The current institutional zoning makes it difficult for the owner to accommodate new tenants as a grandfathered use must first be determined for that particular suite. Therefore, the owner is requesting to rezone the property to accommodate both the institutional and commercial uses occupying the site. No physical changes to the site are proposed. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North CLS, Commercial-Large Site Vacant. South R-5, Residential Single- Single-family dwellings and place of Family, and IN, Institutional worship. East CG, Commercial-General Motor vehicle repair or service establishment (White Tire). West MX, Mixed Use, and CG, General or professional office (Nationwide Commercial-General Insurance) and gasoline station (BP. Compliance with the Zoninq Ordinance: The CG district will allow all potential institutional and commercial tenants to occupy the site by-right. No physical changes to the site are proposed. Future development of the site is limited by the site's configuration and topography and must comply with the regulations of the CG District. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Hollins/Wildwood Area Plan encourage the commercial use of property in appropriate areas of Roanoke. The expansion of commercial zoning on Orange Avenue is closely scrutinized to prevent market saturation and encroachment in residential areas. This particular request does neither considering the current use and surrounding zoning. Rezoning the subject property to CG District will allow the existing development to be used to its maximum potential while remaining compatible with the surrounding neighborhood. The following policies of Vision 2001-2020 are relevant to the application: · ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. The following policies of the Hollins/Wildwood Area Plan are relevant to the application: · Economic Development Policies 2 a. Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. · Economic Development Actions a. Orange Avenue: Maintain commercial zoning that will retain existing businesses and attract new establishments. b. Commercial Centers: Identify or create nodes along Orange Avenue for commercial centers; concentrations of small- to medium-sized commercial establishments. Avoid strip commercial zoning patterns. c. fV1aximize Use of Existing Commercial Districts: Avoid further expansion of commercial districts to encourage quality development and more efficient use of land in existing districts. City Department Comments: None. Public Comments: Ms. Joanne Fields, President of the Wildwood Civic League, stated that she saw no r;::e X210 be approved. Angela Penn, Chair City Planning Commission cc: City Attorney Assistant City Manager for Community Development Applicant 3 Zoning Amendment Application ~ /1 -' ROANOKE Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Click Here to Print I I Date: 10ctober 6, 2010 I 11!.liIJJ!!III.I!i!O!1~~'1~!iJ.II!:!!~:i! [R] Rezoning, Not Otherwise Listed D Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District 'r!,~UJ1'!lf9'F~"ti2!f#I:yjI0 Submittal Number: 10riginal Application D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Address: 2615 Orange Avenue, N.E., Roanoke, VA 24012-6255 Official Tax No(s).: 17070108 Existing Base Zoning: ., IIN. Institutional (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I ICG, Commercial-General I Proposed Land Use: IRetail, office and lodge I 0 With Conditions o Without Conditions ' Name: Phone Number: I + 1 (540) 989-772~ Address: E-Mail: Irickhuddleston@cox.net J Property Owne~s Signature: Rick Huddles ton, Noble Grand, Trl.ls tee 'r]fiCli "+""'jf"omlownetl : ,:i'" tt:,!:" ii~; '"10\ i , ~ ..:"\')i; 'i;\_, I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: Name: IMaryellen F. Goodlatte, Esq. J Phone Number: I + 1 (540) 224-8018 Address: Glenn, Feldmann, et aI., P.O. Box 2887, Roanoke, VA 24001-288~.__J E-Mail: ImgOOdlatte@gfdg.com 1J1~ r. /d.o9td~LtT1 . Authorized gent's Signature: I I APPLICANT'S NARRATIVE In 1987, Mountain Dale Odd Fellow Lodge #49 moved into the premises located at 2615 Orange Avenue, Roanoke, Virginia. These premises are at least the third location for the Lodge in the City of Roanoke since its chartering in 1887. The Lodge's move to Orange A venue was precipitated by a tire in its previous location on Campbell A venue. The Campbell A venue property was sold in 1986 to the United Way of the Roanoke Valley. Unfortunately, the 1986 fire destroyed many of the archives of the Lodge. That loss of Lodge archives is especially disappointing since Lodge members played a major role in the development of the City of Roanoke. Many prominent Roanokers, including former Mayor Benton Dillard, served as leaders and members of the Lodge. The property at 2615 Orange A venue, from its inception, provided for a Lodge meeting room on the second floor and four retail suites on the first floor. Currently, the retail suites are occupied by a Commando Supply store (Suite A), a jewelry store (Suite D) and a State Farm Insurance agency (Suite B). The State Farm insurance agency has been a tenant since April, 1999. The jewelry store and Commando Supply have been tenants for over 5 years. Since 1987 a number of tenants have occupied one or more of the retail suites including Cox Cable, pet shops and churches. At the time of the comprehensive rezoning of the City in December 2005, two of the retail spaces were occupied by a church. The Lodge speculates that could be the reason why the property was rezoned from Commercial to IN (Institutional) as part of the December, 2005 comprehensive rezoning. Unfortunately for the Lodge, its leadership at the time did not recognize the implications of the rezoning of the property to Institutional. It was only the recent contact with the City by the jewelry store tenant seeking to expand and incorporate Suite C into his operations that the significance of the 2005 rezoning was recognized. Accordingly, the Lodge wishes to rezone its property from IN to CG, Commercial District, so that the uses to which the property has been placed since its development are again permitted. No changes to the exterior of the building or parking areas are being sought. I ~ ,I x$, 7 / ~ IftMD J/4AC .,- ---- ---- ~ "''''- I.D74 .... -. ""OUl! .. ~ 7D7fNNI ~"" ..- - ~ . ..~ """'" I 4...." ....1.~1 h.;b ~~q,. ",Z" i fvSG .. " i ~ .. .' ~ It .. i l! u I e ~ It I It , . ! l! I i II RICHlllfO I I I I I I : vi&' I " ij ~ ~ I j II I It ~ It I j It I I I..'... ... JI4VJ t'MNltA.n~ . 8 I ~ ~.=- ~ ,,- =~ '..... .."""..... RacY ~c //'OA.: 7UtHU - /"' S ij ~ I L /lOAD ~ i It .. i 1/ .. J..A-_____/_~_..__~.f".~ AW-A&aEltT WCD6 611 S~I 1\. SU I w. /lH.E"",UJ 'UK '4 I ." ZS8 tC -LLCI./NJ ~4 ~/" 1J1. UI ..c' AllIN,,(;TDN :IfII(T 5ZC.' 1'" Ii zU ~c.,,"lIPUTDI' C/JUlU ~c.4. ~tf ., " ~ ':T.I:.ArLUm~ (W.c.JI)IIIIt...., r.. $-"'U VIIi- mlrAlltJ t!I..ttE1tlS /!t~ "'" -" t J 1JJ$TUfCI TD I'aINT IN ..,.0 CUIA~.......-o 1-. IUM'" 1I!GUlIDI.....1 N.!J1Q ......-..c.a IJ, . ___ .. ....... ... .... ?T1 A----42:Jn--::::::u:::l-'i,...'T~ i J i ., ! j 8 . ~ l! e 2vfG i l! l! I II I . I APPRAISAL MAP CITY OF IftJANbilE. VA. SHEFF NO. 707 IJFFICE IJF TIlE t:I TY FN:JIVLR i II I ---r i "'AlE . "AWN n' 1'lEUJ IlWIer .y. UClMD ~ In' cMSLXP /Jr- S.c"l...,-./N ADJOINING PROPERTY OWNERS Tax Parcel No. 7070108 Trustees of Mountain Dale Lodge #49 of the Independent Order of Odd Fellows TAX MAP NO. OWNERIS) I ADDRESS ZONING 7070109 D. White Properties LLC CG 1936 Coco plum Way Naples, Florida 34105 7070214 Gary Wayne Morris R-5 Patricia Morris 1034 Goodland Drive, N.E. Roanoke, Virginia 24012 7070213 Elva B. Bowling R-5 1028 Goodland Drive, N.E. Roanoke, Virginia 24012 ._- 7070212 Kim G. Ragsdale R-5 2602 Cannaday Road, N.E. Roanoke, Virginia 24012 7070210 Trustees, Lighthouse Full Gospel Church R-5 557 Archway Road Blue Ridge, Virginia 24064 7070208 Trustees, Lighthouse Full Gospel Church IN 557 Archway Road Blue Ridge, Virginia 24064 7070238 Benjamin E. Ellis, Jr. R-5 Carol H. Ellis 2450 Cannaday Road, N.E. Roanoke, Virginia 24012 7070105 CCD Management Ltd, CG P. O. Box 12528 Roanoke, Virginia 24026 7070106 Akash, Inc. CG 4367 Jordantown Road Vinton, Virginia 24179 7070107 Stephen G. Shepherd MX 2609 Orange Avenue, N.E. Roanoke, Virginia 24012 T AX MAP NO. OWNERlS) I ADDRESS ZONING 7130101 Bellavista Holdings LLC CG 302 5th Street, S.W., Unit A Roanoke, Virginia 24016 7130102 Mary Hylton CLS P. O. Box 12147 Roanoke, Virginia 24023 {*006978/00000/00 196120 .DOCX} Job # 10063 ---r ~I o ....J ....J III W I=! et WO\ Q. -0 0"" ~::lg ~ ~~R~I=! ~8~63t; 3:cri<,ZOI ~ . Z -< "" ~ Cl .... I- N;:. '\,'OOj' Iii~ Do'!) ~b' ":J"J I./) O\~ ",,"0 ....l 0....1 ZW WLL ~O 00 00 ....lLL WO ....l '<(CI.. OW o ZCl.. HO '<(I- I-Z (. 5 ~ ;'1' ~ as LLD.. "', 0 ~ (i I./) Z I. W H cww ii.! I- J: ~.~) ~ I- OCl..LL UI-O o o u.i ~ Z o UJ ct. ::> ....UJ Z 00 UJ Nct. > ....0 <<1'< ~I- ~~ oz ~z lOw ....0 ~'<,< liotz IOct.H OUJ ....02 ~fu ,..:~~ 00 Vl-oct. ttl~ ~~~ Vl _ 0.. .. Vl W ct. 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IL.IL.Cl I-<~ etZ< 2.... I Will III etHZ w~::l f=! et x' I=Ww OClZ ZetO Q.N g I- W Z I,J w;:: It :EM IL. ~8"1n 0 < 8~1Il z80I,Ja <"'''QW :Ei--= 12 w:} ClllliZH ~liI-2~ ~ N Z 0 ~ V inN " .N >In<g ~In>... IIlXWN ~O~-o etellZ"" 0( . < 0 ....JqO-.r l,JQ.etln () "- ~ ~ t! I- The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I 'NOTICE OF PUBLIC I : The co~~~~~~e City of ( I Roano.ke will hold a pUblic I hearIng on Monday' I December 20, 2010, at 7:00 p.m., or as Soon I I thereafter as the mat.ter may be heard, in the I Council Chamber fourth I ,floor~ i~ the Noel C. TaYlor/ Municipal Building, 215 I Church Avenue, S'W"I Roa.noke, Virginia, to I consIder the following: . Request from Trustees I Mountain Dale Lodge No' 49,lndependent Order oi I Odd Fellows, to rezone property located at 2615 I 'Orange Avenue N E I Official Tax No, 7070108', f~o":l IN, Institutional I DIStriCt, to CG, Commercial General District, for such I commercial, assembly I ~nt~rt~inment, public: I Instlt~t!onal, community and utility, facilities or uses I as are permitted in the CG Commercial Generai I District. The proposed general usage of the I property is retail, office and I lodge with a floor area ratio : of up to 5.0. The, I comprehensive plan, I designates the property for I I ~ , I I I I I I \\1111"',,/ I ,\\ aAAN '" "", ~:.t~:...,.. *"'" I ~ ~ ,,?".,' g! ~ ". ~', I ~ Q .. < ~ ~ ","3 _, '. ~. -:. I ~ . 6' N f:F ,,- ..,v- :: Z : ~ 0Q;) ~{JC8 gs : 'G :. I =q::: ~ ~~~ :~: I :. a:. : O. ~ : ;:;,. = ~ tP ", ~~~<0 ~". .: ~ .:: I -:.... ,,:,... ' ....^~ ....::- I ... '" '. "::v' ., TOTAL COST: 436. 80 """" COMMO'~'t\\.~",' I FILED ON: 12/10/10 '/""",,\\\\ I --------------------------------------------------+------------------------ GLENN, FELDMANN, P.O. BOX 2887 ROANOKE VA 24001 DARBY & GOODL REFERENCE: 80025065 12444054 NPH MTN DALE LODGE 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 __l~~_day of DEC 2010. Witness my hand and official seal. ~_~~~___ Notary Public PUBLISHED ON: 12/03 12/10 :."'.~:~. ! institutional uses, ' A copy of the application is available for review in the Office of the City Clerk, Roo,!, .:456, Noelp, Taylor MunIcIpal Building, 215 Church Avenue, S.W., Roanoke, Virginia, ' All parties in interest and citizens may appear on the above date and be heard on the mailer. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at B53-2541, before noon on the Thursday before the date of the hearing 'listed above, GIVEN under my hand this ~glg, d<1Y of November, Stephanie M. Moon, CMC City Clerk (12444054) , -~ ~~~~~~~~:~~~__~ Billing Services Representative :\' G~\JO NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, December 20, 2010, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Trustees, Mountain Dale Lodge No. 49, Independent Order of Odd Fellows, to rezone property located at 2615 Orange Avenue, N.E., Official Tax No. 7070108, from IN, Institutional District, to CG, Commercial General District, for such commercial, assembly, entertainment, public, institutional, community and utility facilities or uses as are permitted in the CG, Commercial General District. The proposed general usage of the property is retail, office and lodge with a floor area ratio of up to 5.0. The comprehensive plan designates the property for institutional uses. A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date .and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. :Jq;:h GIVEN under my hand this 30ih day of November ,2010. Stephanie M. Moon, CMC City Clerk. Mountain Dale Lodge,doc Notice to Publisher: Publish in the Roanoke Times on Friday, December 3, and Friday, December 10,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 mgoodlatte@ gfdg.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk December 3, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, December 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Trustees, MountainDale Lodge #49, Independent Order of Odd Fellows to rezone property located at 2615 Orange Avenue, N. E., from IN, Institutional District, to CG, Commercial General District, for such commercial, assembly, entertainment,. public, institutional, community and utility facilities or uses as are permitted in the CG, Commercial General District. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the December 20th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~4h~ Stephanie M. Moon, CMC . City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk " December 3,2010 CECELIA T. WEBB Assistant Deputy City Clerk D. White Properties, LLC . Elva B. Bowling Benjamin and Carol Ellis CCD Management, L TD Stephen G. Shepherd Mary Hylton Gary W. and Patricia Morris Kim G. Ragsdale Trustees, Lighthouse Full Gospel Church Akash, Inc. Bellavista Holding, LLC Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, December20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., onthe request of Trustees, Mountain Dale Lodge #49, Independent Order of Odd Fellows to rezone property located at 2615 Orange Avenue, N. E., from IN, Institutional District, to CG, Commercial General District, for such commercial, assembly, entertainment, public, institutional, community and utility facilities or uses as are permitted in the CG, Commercial General District. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, JR.J~.A.:rY). )'yjOlM,.l Stephanie M. Moon, CMC l City Clerk SMM:ctw REZONING Trustees, Mountain Dale Lodge #49, 2615 Orange Avenue, NE Tax No. 7070108 ) AFFI DAVIT ) 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 15t day of November, 2010, notices of a public hearing to be held on the 18th day of November, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address 7070109 D. White Properties, LLC 1936 Cocoplum Way Naples, FL 34105 7070214 Gary Wayne Morris 1034 Goodland Drive, NE Patricia Morris Roanoke, VA 24012 7070213 Elva B. Bowling 1028 Goodland Drive, NE Roanoke, VA 24012 7070212 - Kim G. Ragsdale 2602 Cannaday Road, NE Roanoke, VA 24012 7070210 Trustees, Lighthouse Full Gospel 557 Archway Road 7070208 Church Blue Ridge, VA 24064 7070238 Benjamin E. Ellis, Jr. 2450 Cannaday Road, NE Carol H. Ellis Roanoke, VA 24012 7070105 CCD Management, L TD POBox 12528 Roanoke, VA 24026 7070106 Akash, Inc. 4367 Jordantown Road Vinton, VA 24179 7070107 Stephen G. Shepherd 2609 Orange Avenue, NE Roanoke, VA 24012 7130101 Bellavista Holdings, LLC 302 5th Street, SW, Unit A - -- - . - . - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 21 , 2010 Ms. Cynthia A. Arthur 1720 19th Street, N. E. Roanoke, Virginia 24012 Dear Ms. Arthur: I am enclosing copy of Ordinance No. 39036-122010 permanently vacating, discontinuing and closing an alleyway located between 18th and 19th Streets, N. E., off Templeton Avenue, N. E., and lying between parcels bearing Official Tax Nos. 3231001, 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive. Prior to receiving all required approvals of the subdivision plat, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Six Thousand Seven Hundred and No/100 Dollars ($6700.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 2010, and is in full force and effect upon its passage. elia T. Webb Assistant Deputy City Clerk Enclosure Cynthia Arthur December 21, 2010 Page 2 pc: Donald and Carol Overstreet, 1801 Templeton Avenue, N. E., Roanoke, Virginia 24012 Walter Mortgage Company, LLC, P. O. Box 31601, Tampa, Florida 33631 Helen Harvey Garcia, 1729 19th Street, N. E., Roanoke, Virginia 24012 The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin" Secretary, City Planning Commission L~{' 7. , j, /'.';" ,"..~~~". I " 'j~:!' (1 t"'. ,,'" ,p:#'P IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 2010. ':~ No. 39036-122010. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Cynthia Arthur filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all co~cemed as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on . December 20, 2010, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREA~, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. O-Cynthia Arthur-vacate- Templeton.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in tl1,e City of Roanoke, Virginia, and more particularly described as follows: fu fu . An alleyway located between 18 and 19 Streets, N.E., off Templeton Avenue, N.E., and lying between parcels bearing Official Tax Nos. 3231001, 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right t~ remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any pther encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court O-Cynthia Arthur-vacate- Templeton.doc 2 for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or. cash in the amount of Six Thousand Seven Hundred and No/lOO Dollars ($6,700.00) as consideration pursuant to ~15.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk-of the Circuit Court of the City of Ro<inoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any . other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. O-Cynthia Arthur-vacate- Templeton.doc 3 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of S 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A;~ O-Cynthia Arthur-vacate- Templeton.doc 4 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council December 20, 2010 Request from Cynthia Arthur to permanently vacate, discontinue, and close an alleyway located between 18th and 19th Streets, N.E., off Templeton Avenue, N.E., and lying between parcels bearing Official Tax Nos. 3231001; 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive. Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on Thursday, November 18, 2010. By a vote of 5-0 (Ms. Katz and Mr. Futrell absent), the Commission recommended approval of the applicant's request. They further recommended the land be conveyed at a cost of $6,700.00, which is an average of the assessed values of the properties adjoining the alley, and that the vacation be approved subject to these conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such- recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Application Information Request: Permanent vacation of alleyway between 18th and 19th Streets, N.E., of Templeton Avenue Adjoining Owner/applicant Cynthia Ann Arthur City Staff Person: Frederick Gusler, AICP Site Address/Location: 1720 19I1l Street, N. E. Official Tax Nos. of 3231001; 3231003 through 3231009, inclusive; and adjoining properties: 3231013 through 3231016, 'inclusive Site Area: Approximately 11,480 square feet Existing Zoning: RM-1 Proposed Zoning: n/a Existing Land Use: Green space Proposed Land Use: Building addition, green space Neighborhood Plan: Hollins-Wildwood Specified Future Land Use: Residential Filing Date: 10/12/10 Background The applicant is requesting that an alley between 18th and 19 Streets, N.E., off Templeton Avenue, N.E., be vacated and closed in order to install a roof on the back deck and screened porch of her home. Considerations Section 30-14(5) of the Code of the City of Roanoke provides the following standard for consideration of street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion; any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved." Vacation of the alley will not prohibit or affect access to any other properties and will not change the current use of the property. Surroundinq Zoninq and Land Use: Zoning District Land Use North RM-1, Residential Mixed Density District Residential South RM-1, Residential Mixed Density District Residential East RM-1, Residential Mixed Density District Residential West RM-1, Residential Mixed Density District Residential 2 Compliance with the Zoninq Ordinance: Vacation of the portion of right-of-way will not impact the zoning map. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed vacation does not pose any conflicts with the future land use plans or transportation policies of the Hollins-Wildwood Neighborhood Plan or Vision 2001-2020, Roanoke's Comprehensive Plan. Public Utilities: Staff received comments from Verizon, Roanoke Gas and Appalachian Power Company. There were no objections to the proposed vacation. City Department Comments: None Public Comments: None Planninq Commission Discussion: Mr. Williams asked staff to clarify the portion of alley being vacated and if there had been any changes to the application since the Commission's work session. Staff clarified the area of the request and said that no changes had been made. Mr. Talevi asked the applicant if she was aware that the $6,700 charge had to be paid in full to vacate the portion of alley, and that she could share this cost with the adjoining owners. The applicant replied that she is aware of both. 4~_ Angela Penn, Chair City Planning Commission cc: City Attorney Assistant City Manager for Community Development Applicant 3 APPLICATION STREET OR ALLEY VACATION Date: 10/S/10 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and Include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: alley lying between parcels bearing Official Tax Nos. 3231001, 1231003-3231009, and 3231013-3231016, lSth and 19th Street~. N.E.. off of Templeton Avenue. N.E. Proposed use of vacated street or alley: I-C) pilI- rnnf nn h.::lrk- nE'('l<: .::lTlQ !'lr"("E'E'n pnrrn Name of Applicant/Contact Person: Cynthia A. Arthur Mailing Address: J 7"0 , 9th St-r""''''''t-. l\1~ ?An,., Te~phone:(549 293-7173 Fax: ( ) E-mail: ~licant(S} Siglj1atu~): Q$ r y~O\ '- V/\_J .. 5 Map Output Page 1 of 1 [ "'"-.." ....,..oz.""'') .. '"" \ /" i J ....\)...~/~, b.()OJ,y':.: .' \, ~,';),' ~ .Jo... ,/ ,...\ "'. '~^'" 1:>'''''' ",{~ ",,,,- ~'/ ,"'" '" , J \::)' c.l\. i"\'" ()'<J i/." :t . ~'" ", ... 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'. ,'. ,,,.,,, '" \" t;:\j,-.@"".$,~,:,"I./' ~'\ http://giscentrallservletlcom.esri.esrimap.Esrimap?ServiceN ame=rnke&ClientV ersion=3.1 &Form=True... 10/06/2010 LIST OF ADJOINING PROPERTY OWNERS Official Tax N 0./ Street Address Name of Property Owner Mailing Address 3231008 Walter Mortgage Company, PO Box 31601 LLC Tampa, Fla 33631 3231009 Helen Harvey Garcia 1729 19th St., NE Roanoke, V A 24012 3231013-6 inclusive, Cynthia Ann Arthur 1720 19th St, NE 3231005-7 inclusive Roanoke, V A 24012 3231001-4 inclusive Donald W. & Carol J. 1801 Templeton Ave, NE Overstreet Roanoke, V A 24012 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- ARTHUR, CYNTHIA 1720 19TH STREET, NE ROANOKE VA 24012 CITY CLERK '10 DEe 13 Pti03:18 REFERENCE: 80176437 12444040 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~inia. Sworn and subscribed before me this __LQ~day of DEC 2010. Witness my hand and official seal. _~L. ~ . . ' . . . . - . Notary Public PUBLISHED ON: 12/03 12/10 \\\\1111""111 " ,ll.YAJlA " ..' ""- V' IVI"JI, " ," .\ r .........'v " .. ="' . ~. , .. r-. .' ...<?-- '. ll,(.. , ~. :<\r'I' . -r .. .: "" ..~,o & \V n.()'. -:. .. ~ . ,- 0v'" gJP . 4." : cr::: '? *1C'l S\\)~ ': z: : CO: ~0. ~~s : CE = ~ '. '?' _ tN \;G~0S : c:r: :: ~ .o\Il '. W' . .. S;;:: ... . l. .. ',-.. ... ~, ........ , /l/) '. . ,).".. ,,"'U/tf, ...... \" " "'" 'tl40NW't't>-\.,," """11"\ TOTAL COST: FILED ON: 368.16 12/10/10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I )r NOTICE ~-PUBLlC- :) , . HEARING ' I . The Council of the City of I Roanoke will hold a public hearing on Monday, December 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Cynthia Arthur to permanently vacate, discontinue and, close an alleyway located between 18th and 19th Streets, N.E., off Templeton Avenue, N.E., and lying' , between parcels bearing' Official Tax Nos. 3231001,/ 3 2 3 1 0 0 3 t h r 0 u g hi 3231009, inclusiv~; and:, 3231013 through 3231016, inclusive. , A copy of the application I is available for review in the' Office of the City Clerk,1 , Room 456, Noel C. Taylo~ I Municipal Building, 215 7/ Church Avenue, S,W.,\ .[ Roanoke, Virginia. I f All parties in interest andj .'1 citizens may appear on the\. , above date and be heard on , the matter. If you are a ~ person with a disability who : 'I needs accommodations for. , this hearing, please contact: the City Clerk's Office, at' , 853,2541, before noon on: the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of November, 2010. . Stephanie M. Moon, CMC I City Clerk (12444040) --------------------------------------------------+--~--------------------- ~~~:;;~~:~: ~.-..l.,jl:1!!G .'~"" .- .b;: ,,' .; ;;' J .,'. " -!--;---:C~ illing Services Representative J' ';: 'r . ,~; ~,,' i.. G~ ~,~ ~ \t NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, December 20, 2010, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Cynthia Arthur to permanently vacate, discontinue and close an alleyway located between 18th and 19th Streets, N.E., off Templeton Avenue, N.E., and lying between parcels bearing Official Tax Nos. 3231001, 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 30thdayof November ,2010. Stephanie M. Moon, CMC City Clerk. Cynthia ArthuLdoc Notice to Publisher: Publish in the Roanoke Times on Friday, Deceml;Jer 3, and Friday, December 10,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 ("" Send Bill to: Cynthia Arthur 1720 19th Street, N. E. Roanoke, Virginia 24012 (540) 293-7173 --CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk Ms. Cynthia A. Arthur 1720 19th Street, N. E. Roanoke, Virginia 24012 Dear Ms. Arthur: December 3, 2010 c' JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk ,- Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, December 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor M\Jnicipal Building, 215 Church Avenue, S. W., on the request of Cynthia Arthur to permanently vacate, discontinue and close an alleyway located between 18th and 19th Streets, N. E., adjacent to Templeton Avenue, N. E. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the December 20th public hearing. Failure to appear could result in a deferral of the matter until a later date. SMM:ctw Enclosure Sincerely, ~~ il-l. ~ t>>.J Stephanie M. Moon, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk December 3, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Donald and Carol Overstreet 1801 Templeton Avenue, N. E. Roanoke, Virginia 24012 Walter Mortgage Company, LLC P. O. Box 31601 Tampa, Florida 33631 Helen Harvey Garcia 1729 19th Street, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, De,cember 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the ,City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Cynthia Arthur to permanently vacate, discontinue and close an alleyway located between 18th and 19th Streets, N. E., adjacent to Templeton Avenue, N.E. This Jetter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. ( Sincerely, ~~'rn. hjOO'-N Stephanie M. Moon, CMC City Clerk SMM:ctw ~ ALLEY CLOSURE REQUEST Cynthia Arthur, located between 18th and 19th Streets, N.E. ) AFFIDAVIT between tax nos. 3231001,3231003-3231009, 3231013-3231016 ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 1 st day of November, 2010, notices of a public hearing to be held on the 18th day of November, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address 3231001 Donald and Carol Overstreet 1801 Templeton Ave, NE 3231003 Roanoke, VA 24012 3231004 3231005 Applicant ~-- 3231006 3231007 3231013 3231014 3231015 3231016 3231008 Walter Mortgage Company, LLC POBox 31601 Tampa, FL 33631 32310,09 Helen Harvey Garcia 1729 19th Street, NE Roanoke, VA 24012 ~~~ rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1 st day of November, 2010. ~ 1ilA (fJ ( j)cJ/lCL--J Notary PubliC !~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk October 12,2010 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: Pursuant to Section 36.1-690( e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Amended Application No. 1 for Street or Alley Vacation received in the City Clerk's Office on October 11,2010, from Cynthia Arthur requesting that an alley between 18th and 19th Streets, N. E., off of Templeton Avenue, N. E., be vacated and closed to install roof on back deck and screened porch on home. Sincerely, - h,. YV,DVnJ Stephanie M. Moon, CMC ( City Clerk r Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Cynthia Arthur, 1720 19th Street N. E., Roanoke, Virginia 24012 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney . ..p'.':A;:II!I~GL".I';';~.\'~/I'O."'N... /'.. Vi :,'::::::~\~,l,IIlrn~~L,~;ii__" ~:. ,S;i~"~,i.):::'~l:i;!_"::,;\:c,,,,,:'::<"'::~\'" >' , ,- - " '." ;;:y" .... ' R-.".:-E..n.E:';..m..: ."0' '..R.'AL--L;..... . 'A-.. ...CA.m.:..-ON. i--:: "'~1iF n#d i? 'r " ):::(:>':::!:::~::; 'ii.l! ,j- .. <,: i~:,,::';~' , 'hi ;:-:: Y,::, ') ': ,'.' .; ..':..::. >.1.,,:;.':::' , ,; , ;., .. .1, k .: . ' ....'..._'. . ::r:.,:....::,'-,....:: .... C': ..... -,.'-;~..:..-<,;:-;.>"j.".,:;:...;... ;~ ". :', RQA..:.N..O.K.E Date: 10/S/10 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 ,A/(slJi>mit.t~/$ mU,stbe'tYpe}!;aiiCJi"cltJCieallrequifffd documeQtation. ~nd a check for th.e filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: alley lying between parcels bearing Official Tax Nos. 3231001, 3231003-3231009, and 3231013-3231016, 18th and 19th Streets. N.E . off of Templeton Avenue. N E . Proposed use of vacated street or alley: rn pllr rnnT nn n.=l("'k- np("'k- .=Inn Q("'rPl2n pnrc'h \. . 5 Map Output Page 1 of 1 . . http://giscentral/servlet/com.esri.esrimap.Esrimap?ServiceN ame=rnke&ClientV ersion=3.1 &Form=True... 10/06/2010 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk October 4, 2010 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on October 1, 2010, from Cynthia Arthur requesting that an alley between 18th and 19th Streets, N. E., off of Templeton Avenue, N. E., be vacated and closed. Sincerely, ~rn.~~ Stephanie M. Moon, CMC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Cynthia Arthur, 1720 19th Street N. E., Roanoke, Virginia 24012 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~~ . .ROA.N()KE Date: 10/1/10 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 i;~f~i:/Am'{libm#j~/simtts:t.lbe7tY~(3Ci~"aYfJi:1uCie' alrrequftecij:C!o~qm(ihtafio;'rajjCJiajch(lcklqr jQ~:;fi/ing;fee: . .. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: 3341015 Alley lying between parcels bearing Official Tax Nos. JlJIUUl,^JlJlUUJ through 3231009, and 3231013 through 3231016, between 18th and 19th Streets, N.E., off of Templeton Avenue, N.E. . Proposed use of vacated street or alley: to put roof on back deck and: screen in porch . 5 LIST OF ADJOINING PROPERTY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 3231008 Walter Mortgage Company, PO Box 31601 LLC Tampa, Fla 33631 3231009 Helen Harvey Garcia 1729 19th St., NE Roanoke, V A 24012 3231013-6 inclusive, Cynthia Ann Arthur 1720 19th St, NE 3231005-7 inclusive Roanoke, V A 24012 3231001-4 inclusive Donald W. & Carol J. 1801 Templeton Ave, NE Overstreet Roanoke, V A 24012 // / // / / / <0 <0 N <0 ~ ~ ""~-, '''''''''''''''' 'NOJ.~ 'leJiV ~J."" .."."..... "'" ::E II:: '- 0.05' "', '"'''' ....", """ """ <0 V <0 M N ".""""~ "" """""",' v ::I """ """,,,-,, ", "" .......",,, V N N M N N M v ~