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HomeMy WebLinkAboutCouncil Actions 09-17-12BESTPITCH 39496- 091712 no. y ,l. n ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 17, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. All present. The Invocation was delivered by The Reverend Quinton White, Chaplain, Veterans Affairs Medical Center. The Pledge of Allegiance to the Flag of the United States of Americawasled 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, September 20 at 7:00 p.m., and Saturday, September 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: FAIR HOUSING BOARD - ONE VACANCY HUMAN SERVICES ADVISORY BOARD - ONE VACANCY MILL MOUNTAIN ADVISORY BOARD - FOUR VACANCIES (ONE ZOO REPRESENTATIVE) ROANOKE CIVIC CENTER COMMISSION - THREE VACANCIES ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE VACANCY (CITIZEN AT LARGE REPRESENTATIVE) THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2012 CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT THE CITY CLERK'S OFFICE OR ACCESS THE FORM ON THE CITY CLERK'S WEBPAGE AT WWW.ROANOKEVA.GOV /CITYCLERK. DEADLINE FOR RECEIPT OF NOMINATIONS IS FRIDAY, SEPTEMBER 28, 2012. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Council Member Price presented the Harrison Museum Award to the City. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. M. Rupert Cutler, Greg Webster, Robert Gravely, Josephine Arbaugh, Littleberry Darby, Kevin Utsey, Gretchen Weinnig, Jennifer Bise and Katie Clifton appeared before the Council. 4. CONSENT AGENDA (APPROVED 7 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 Minutes of the regular meeting of Council held on Monday, August20, 2012. RECOMMENDED ACTION: Dispensed with reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 15, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amendments to Enterprise Zone One A and Enterprise Zone Two boundaries. RECOMMENDED ACTION: Concurred in the request. C -3 Minutes of the Audit Committee held on Wednesday, September 25, 2012. RECOMMENDED ACTION: Received and filed. C -4 Annual Report of the Audit Committee for the Fiscal Year ending June 30, 2012. RECOMMENDED ACTION: Received and filed. C -5 Annual Report of the Board of Trustees, City of Roanoke Pension Plan for the Fiscal Year ending June 30, 2012. RECOMMENDED ACTION: Received and filed. C -6 Reports of qualification of Troy A. Harmon as Municipal Auditor; Ann H. Shawver as Director of Finance; and Stephanie M. Moon as City Clerk of the City of Roanoke for terms of two years, each, commencing October 1, 2012, and ending September 30, 2014. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: Market Square Update - 15 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: Acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Speed Enforcement) Grant awarded to the Police Department to be used for traffic enforcement targeting speed. Adopted Resolution No. 39496- 091712 and Budget Ordinance No. 39497 - 091712(7 -0) 2. Acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Occupant Safety) Grant awarded to the Police Department to be used for traffic enforcement targeting occupant safety. Adopted Resolution No. 39496- 091712 and Budget Ordinance No. 39499- 091712(7 -0) 3. Acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Alcohol Impaired Drivers) Grant awarded to the Police Department to be used fortraffic enforcement targeting alcohol impaired drivers. Adopted Resolution No. 39500. 091712 and Budget Ordinance No. 39501- 091712 (7.0) 4. Acceptance and appropriation of funds from the Commonwealth of Virginia Commission for the 2012 - 2013 Arts Local Government Challenge Grant for various allocations to certain art organizations based on recommendations developed by the Roanoke Arts Commission. Adopted Resolution No. 39502- 091712 and Budget Ordinance No. 39503 - 091712 (7 -0) 5. Acceptance and appropriation of funds in connection with the Dorothy Koch Family Foundation Grant for a temporary Early Literacy Consultant to work with the Library and Smart Beginnings Program, to provide literacy instruction and training to teachers, librarians, parents and caregivers that work with young children in the Raleigh Court Area. Adopted Resolution No. 39504 - 091712 and Budget Ordinance No. 39505 - 091712(7 -0) 6. Appropriation and transfer of initial funds in connection with the Performance Agreement between the City of Roanoke, City of Roanoke Economic Development Authority, and Roanoke River Associates, LLC, for development of 22 acres of property located east of South Jefferson Street and adjacent to the Roanoke River. Adopted Budget Ordinance No. 39506- 091712 (7 -0) Execution of the Workforce Investment Act (WIA) Title 1 Grant Award Agreement between the City of Roanoke and the Virginia Community College System in connection with the 2012 - 2013 Workforce Investment Act funding. Adopted Resolution No. 39507-091712 (7-0) 8. Adoption of a resolution asking the Governor and General Assembly to support a budget amendment to reverse the $50 million -a -year reduction for FY13, and eliminate the aid to localities reduction in the budget for FY14. Adopted Resolution No. 39508- 091712 (7 -0) COMMENTS BY CITY MANAGER. Department of Technology receives award • DoT was presented with the Governor's Technology Award for Innovative Use of Technology in Local Government at the 2012 Commonwealth of Virginia's Innovative Technology Symposium (COVITS) held on September 5, 2012 in Richmond. The award recognizes the Budgeting for Outcomes (BFO) system as an innovative solution for achieving organizational goals and objectives using an outcome driven results approach for developing and prioritizing funding requests. City recognized for the Market Building Renovation Project Earlier this month, the City- County Communications and Marketing Association (3CMA) announced the winners of its 2012 Savvy Awards. In the category of "Marketing and Tools- Community Issue,' Roanoke's Market Building Renovation Project won a Savvy Award (first place). The Office of Communications was recognized for its effective communications plan to engage and inform citizens about the Market Building renovation. This is a national award. Dedication for Ann Masters sculpture garden • Sept. 20, at 11 a.m. at Vic Thomas Park. Sculpture garden will be dedicated in memory of Ann Davey Masters, Executive Director of Clean Valley Council (CVC) from 1996 to 2009. • Two sculptures, "Calling the Powers" by Lawrence Reid Bechtel and "Annies's Peace" by Betty Branch, chosen by a selection panel, are being donated by the Clean Valley Council to the City of Roanoke. • "Vertical Break" a sculpture by the late Paul Ostaseski, was previously donated to the City of Roanoke by the Art Museum of Western Virginia. The Arts Commission chose to move this work to the memorial garden as Ms. Masters was a friend and mentor to Mr. Ostaseski. Fired Up for a Cure event • Saturday, Sept. 22, at Roanoke Civic Center. October is Fire Prevention and Breast Cancer Awareness Month. Roanoke Fire -EMS, Roanoke Parks and Recreation, and the Roanoke Civic Center will participate in the 2nd Annual Fired Up for a Cure event to supponthis cause. Activities will include a 5K/10K and Group Walk (9 a.m. start time); free kids "Smile Mile "; free food, kids activities, free ice skating, vendors, and Zumba. All proceeds will be donated to Every Woman's Life and the American Cancer Society. Registration and more information about the event can be found at www.firedupforacure.com. Prescription Drug Take -Back Day • Saturday, Sept. 29, 10 a.m. to 2 p.m. Citizens are invited to turn in unused or expired medications for safe disposal. Sponsored by Roanoke Area Youth Substance Abuse Coalition (RAYSAC) and local public safety agencies (including Roanoke Police Department) Locations include Roanoke Civic Center; Super Shoes on W. Main Street in Salem; Daleville Kroger; Tanglewood Kroger, Roanoke County Public Safety Building, and Roanoke County Fire Station #1; Hardy Road Kroger in Vinton. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various grant programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39509- 091712 (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Mayor Bowers stated that the Electoral Board had filed a report recommending voter precinct realignment. He suggested thatthe report be received and filed and a public hearing be held. Council Member Ferris agreed that Council should move expeditiously on the matter but thought that it may cause confusion to hold the public hearing before the November election. Council Member Price questioned if holding the public hearing after the November election would all enough time to meet the filing deadlines. Mayor Bowers directed Ms. Prices' question to the Acting City Attorney who confirmed there would be enough time to file the requisite paperwork for precinct realignment. Council agreed to hold a public hearing regarding precinct realignment on November 19 (7.0, voice vote) Council Member Bestpitch advised that Roanoke would be receiving heavy rainfall over the next several days and he asked the City Manager to comment on what citizens should do to prepare and protect themselves. The City Manager reminded that individuals could receive updates, including severe weather warnings, from myroanoke by going to www.roanakeya.gov and signing up. He further reminded citizens to not drive through flooded streets if ponding occurred on roadways. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 3:55 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. P] HOO:IL L�R�iM1�> ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 17, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All present. The Invocation was delivered by Council Member Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No 17, sponsored by St. John's Episcopal Church. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 20 at 7:00 p.m., and Saturday, September 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: Request of Trustees of Pilgrim Baptist Church to rezone property located at 1415 81" Street, N. W., from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R-5), to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 2 dated August 8, 2012, Nathan Tuning, Chairman, Spokesperson. Adopted Ordinance No. 39510-091712 (7-0) 2. Proposal of the City of Roanoke to amend Vision 2001 - 2020, the City's Comprehensive Plan, to include the Countryside Master Plan, as amended, to change the land use designation of the Portland Planning Area from Agriculture to Recreation. Chris Chittum, Planning Administrator, Spokesperson. Adopted Ordinance No. 39511-091712 (7-0) 3. Proposal of the City of Roanoke to convey approximately 1.08 acres of City - owned property located at 802 Wiley Drive, S. W., (formerly housed the Virginia Museum Transportation), to 5311 Holdings, LLC, which plans to relocate its East Coasters Bicycle Shop to said location. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39512- 091712 (7 -0) 4. Proposal of the City of Roanoke to lease approximately 86,501 square feet of City -owned property, commonly known as 5550 Precision Circle, N. W., and formerly known as 1302 Municipal Road, N. W., to The Hertz Corporation to be used as a maintenance, storage and servicing facility for a term of three years and three months, beginning October 1, 2012. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39513- 091712(7.0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Danyell Rollf appeared before the Council. C. RECESS. AT 8:29 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, SEPTEMBER 28, 2012, AT 8:30 A.M., AT THE MOUNTAIN VIEW RECREATION CENTER, 714 13TH STREET, S. W., FOR A STRATEGIC PLANNING WORK SESSION. 10 is 1' STEPHANIE M. MOON, MMC CityClerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 851-2541 Fax_ (540) 853 -1145 FknoiL dokC.,oanokeea,., September 19, 2012 The Reverend Quinton White, Chaplin Veterans Affair Medical Center 4502 Oleva Street, S. W. Roanoke, Virginia 24017 Dear Reverend White: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 17, 2012. Sincerely, Jonathan E. C ft, Deputy City Clerk SMM:aa ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 17, 2012 2:00 P.M. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS Statement of Rupert Cutler, 204 S. Jefferson St., # 4, Roanoke, VA 24011 On "Market Square Update" Good afternoon, Mayor and Council. I am here to put in a good word for the "New Market Square" plan of Lucas Thornton's that you will hear more about in a few minutes, under "Briefings" on your regular agenda. I live around the corner from Market Square at 204 S. Jefferson Street and spend a lot of time in the vicinity of Market Square, going to and from the Farmers' Market, Mill Mountain Coffee, and the restaurants in that vicinity. Center in the Square. It followed construction at the Market Building, that followed on reconstruction of Billy's Restaurant, that followed construction of the Taubman Museum of Art, but of course all that construction is to the good. Downtown Roanoke is seeing improvements almost daily and is an exciting place to live. I've spoken to some of my 204 Jefferson neighbors about the proposed change in Market Square. Under Lucas Thornton's plan it would change from a difficult -to-use parking lot to an extension of Farmers' Market vendors' stalls and a pedestrian - friendly seating and walking area. We like the idea, and we hope you will give Lucas Thornton and his associates the green light to proceed with this additional piece of reconstruction in our neighborhood. There is a lot of available parking downtown, including in the Center in the Square Garage on most days. Having said that, I know there are more changes to come downtown, and I welcome them. They include the planned improvements in Elmwood Park —the new amphitheatre and art walk will be fine —as well as a new "wayfaring" sign in the vicinity of Market Square to serve as mile post 0.0 for both the Lick Run and the Mill Mountain Greenways and the re- naming of the Dominion/First Union/Wachovia/Wells Fargo Tower Park at the south end of the pedestrian bridge from Hotel Roanoke as the John Nolen Park, to finally honor here the nationally famous city planner who proposed a network of parks and greenways for Roanoke more than 100 years ago. I support the New Market Square plan. Thank you. wEarfA '7/7/12 { 4go7r �4u#RE Good afternoon members of council. My name is Greg Webster. I reside at 1835 Arlington Road in Roanoke City. I would like to ask you to visualize with me for a minute... close your eyes, look at the wall, or the ceiling, and imagine yourself in the new market square. Imagine a weekday during a hot summer day, a family of 4 eating frozen yogurt under a shade tree on a comfortable bench watching people shop at the farmers market. Last year cars were parked here, now it's more open, secure, and I can watch people shop at the farmers market across the square. I think I just saw my neighbor go into the aquarium. Imagine a crisp fall day sitting in the square after just purchasing a locally grown pumpkin. I watch members of the Big Lick Conspiracy perform a teaser skit from their latest performance at the side of 202. An audience starts to gather. Laughter can be heard down market street. I think I'm going to grab a hot chocolate and stay a little longer. Imagine a wamt spring night walking down Campbell, seeing the glowing lit pylons at the square entrance where you find other after- dinner strollers visiting stores along market street still open after dark. A lone street performer plays a sax on the comer. Cafe string lights stretched across market umbrellas reminds me of a pocket park in Paris. Looking down market street you see the glow of the Elmwood lit pylons and it pulls you down toward the park to see kids playing in the fountain. Downtown has really become a walkable area. During a hectic work week, imagine grabbing a pizza from Fork in the Market, walking to the square, sitting under an umbrella at a cafe table. Such a nice break from the busy day. You notice a family of 4 eating frozen yogurt in the shade of a tree, and you relax and enjoy the Roanoke Times. In closing, what I'm describing is a public space that can be successful to a large number of users by designing elements that promote sociability, different uses and activities, access and linkages, and comfort and image. As a landscape architect, resident, downtown business employee, and arts commission member, I support the long awaited placemaking of this downtown space. �ri*Fex- S�l$e, ,iI Council members my name is Jennifer Bise, I have lived in downtown Roanoke for 3 years a in the Lawson Building and most recently in histo is asen en originally considering Roanoke I was immediately drawn in by the downtown ivl ing, co the access to the farmers market, local restaurants, and other merchants. Today I would like to outline why 1 feel that the proposed changes would improve the existing experience for not only downtown residents but for all visitors to the area. V' -'t1' rnr din 'S3"°'na First, I feel that the proposed changes would make the market area a much more pedestrian friendly space by allowing the continuity of the market building to flow into the street. Dramatically reducing the traffic on market street by restricting vehicles to merchants only would open up the area allowing for more pedestrians and market stalls. ECmcacsc P�k- Second, I feel that the proposed changes would create a beltway to BEIMMM and the Greenway. Both of the before mentioned spaces have proven to be huge successes and I feel that the proposed changes would only enhance the walk ability and community building atmospheres associated with these two public spaces. Finally, these changes „will ,,enhance what I love about Roanoke; the people, culture..., {-ULL Ko -+(5. {4mrtnq >E a4iw_ns As a native Roanoke city resident and mother of two I am excited about the prospect of the New Market Square. The July 3m "Market Square Proposal Floated" article in the Roanoke Times spurned a conversation among the mothers in my Grandin Village Neighborhood. As a neighborhood we have enjoyed hopping on the city bus with our kids and coming downtown. However, often our favorite part is the bus ride. Exploring downtown with children can be a stressful experience because of the lack of negotiable space. Holding hands with two children, or attempting to push a stroller through the current market square can be a harrowing experience. Because of the current configuration of the market area (tight sidewalks, streets, and parking lots) a parent is unable to relax and stroll. There is always one hand tight on your child, eyes alert for traffic and cars pulling in and out. If you have a stroller to maneuver and a hand on a child, you can be overwhelmed by the time you buy your first pansy. When the idea of parks in the market area was brought to our attention my friends and I became excited about the opportunity to relax downtown with our children. We are less worried about parking, (you can always find a free parking space within a block of where you are going), but the idea of being able to sit in the market with our children, to loosen up on their hands, and to eat our lunch in a green space, these ideas made downtown seem like an exciting destination. I love Roanoke and I would like to see it continue to thrive. If we, as a city, would like to entice families to move here we are going to have to create spaces that make families feel welcome. The revamping of Center in the Square is a great start, but wouldn't it be wonderful if our outside spaces were as family friendly as our inside spaces in downtown? The New Market Square seems to be a step in the right direction. A CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Request to Schedule a Public Hearing to Consider Boundary Amendments to Enterprise Zone One A and Enterprise Zone Two Background: Due to the anticipated expiration of Enterprise Zone Two, by the Commonwealth, staff has identified a need to apply for boundary amendments to the City's Enterprise Zone One A and to Enterprise Zone Two. Such amendments, if approved by the Virginia Department of Housing and Community Development, will delete certain areas from these Enterprise Zones. Such amendments will also create an additional new Subzone B for Enterprise Zone One A and add certain areas to Enterprise Zone One A, its current Subzone A, and put certain areas in the new Subzone B. In order to submit these applications, under the State Enterprise Zone regulations, at least one public hearing is required affording citizens or interested parties an opportunity to be heard on such matters. Recommended Action: Authorize the City Clerk to schedule and advertise a public hearing on the above matters to be held on Monday, October 15, 2012, at 7:00 P.M., or as may otherwise be deemed appropriate by the City Manager ristopher ---- --P . Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Manager, Economic Development Lindsay H. Hurt, Assistant to the City Manager MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: September 5, 2012 Time: 4:02 p.m. to 4:52 p.m. Attendees: Court Rosen, Audit Committee Chair Ray Ferris, Audit Committee Member Sherman Lea, Audit Committee Member Drew Harmon, Municipal Auditor Dawn Hope Mullins, Assistant Municipal Auditor Pam Mosdell, Information Systems Auditor Ann Clark, Senior Auditor Ann Shawver, Director of Finance Chris Morrill, City Manager Sherman Stovall, Assistant City Manager Jody Lawson, Payroll & Systems Administrator Tim Spencer, Acting City Attorney Call to Order: Mr. Rosen called the meeting to order at 4:02 pm. 2. City Council Expenditures Review Mr. Harmon noted that city policy requires the Municipal Auditor to review City Council's expenditures annually. He noted that there were no issues noted in the review for the year ending June 30, 2012. Mr. Lea commented that although the procedures can be cumbersome, the Clerk's office has done a good job ensuring the paper work is done correctly. Mr. Rosen stated that it is important to continue to be sensitive about expenditures and that it is good to have the annual review. The report was received and filed without objection. 3. Fleet Parts Report Mr. Harmon stated that the results of the audit were positive and noted that the City had recently signed a new contract with vendor. The audit looked at service levels, cost savings, and compliance with the contract terms. Mr. Harmon noted that the auditors met with many of the first and second shift mechanics to get their perspective on parts service. Mechanics rated the parts service very good overall. Costs were more challenging to evaluate due to the many variables that affect total costs. The audit showed significant savings in personnel costs and confirmed that parts costs were approximately 55% of the retail rate. Auditors were able to verify compliance with the terms of the contract. Mr. Morrill commented that challenging budgets in recent years due to the recession required deferring fleet purchases and increasing maintenance. This made the parts contract all the more critical. Mr. Rosen noted that only minor variances were identified in Auditing's recalculation of contract payments based on parts purchased, management fees, and guaranteed profit. Mr. Harmon confirmed that this was a notable result and a very favorable finding. The report was received and filed without objection 4. Sheriff's Internal Controls: Mr. Harmon noted that the State requires an external audit firm to audit each locality's Sheriff's Office. The City engages Brown Edwards to perform audit procedures that the firm has confirmed with the Virginia Auditor of Public Accounts satisfies the State requirements. Mr. Harmon noted that there were no findings, but that the prior year suggestion to retain inmate orders for the canteen remained open. He stated that the Sheriffs Office retains the signed receipt from each inmate's order and that the Sheriffs Office, as well as the Auditing department, believes this is adequate. The report was received and filed without objection. 5. IRS Update: Ms. Shawver referred the Committee to her letter summarizing the results of the IRS examination of the City's 2008 federal tax returns. She noted that she had updated the Committee in the past and that this letter would close out the matter. Ms. Shawver stated that the results from the audit were very good and resulted in a very small bill to the City. Page 2 of 6 Mr. Rosen commented that the letter was self - explanatory and congratulated Finance on the positive results. The report was received and filed without objection. 6. Hotline Update Mr. Harmon stated that this was the first update report for the hotline and that he would welcome any suggestions for improvements from the Committee. He noted that one (1) report had been referred to Human Resources and that another report was a concern from a parolee that had been referred to the Department of Justice. Six (6) reports are open and being investigated by Auditing. Two (2) reports were investigated, substantiated, and have been closed. An audit report was not issued for the investigation into timely deposits since it did not involve potential fraud, waste or abuse. The investigation confirmed deposits were not timely and that the process has been changed to ensure timely deposits in the future. Mr. Rosen invited Ms. Shawver to comment on behalf of Real Estate Valuation. Ms. Shawver stated that staff was not aware of the next day deposit requirement and is now depositing payments timely. Mr. Lea asked about the report referred to the Department of Justice. Mr. Harmon confirmed that he had contacted one of the investigators and that the investigator had used the hotline to request additional information from the reporter. The reporter has not responded to the request for information. The rase will remain open on the hotline system for 99 days. Mr. Harmon referred the Committee to the Report of Investigation on Time Abuse. He noted that the report was carefully written to avoid revealing personal identifying information. He encouraged Committee members to provide any suggestions they might have for improving such reports. Mr. Spencer felt it was important to note that the individual involved was spending multiple hours at home and then attempting to bill the City for overtime. Mr. Harmon agreed and stated that auditors had observed the employee on one such day, which indicated the employee's intent to misrepresent his time worked. Mr. Lea commented on wage and hour issues that can arise when non - exempt employees are issued company phones that make them accessible at home and away from the office. Time that may be counted as time worked can become an issue in some of these cases. Mr. Spencer and Mr. Harmon responded that these complexities were considered when the City's policy for cell phones was developed and clarified that the duties of the employee investigated could not be performed by phone. Page 3 of 6 Mr. Ferris asked if the employee's personnel records listed the address as his residence. Mr. Harmon replied that the employee had listed his parent's address in his personnel file and not the apartment identified in the investigation. Mr. Morrill noted that the employee worked for two (2) different departments and that they are considering contracting for this function. Mr. Harmon noted that the report was filed through the internet by a citizen and that it proved to be very accurate. Mr. Ferris asked if reporters receive any response from auditors when they file a hotline report. Mr. Harmon stated that reporters are given a unique key code and password that enables them to log into the hotline and check on the status of their report. Auditing immediately acknowledges the report and asks reporters to check back periodically in case we have additional questions. The system also provides the ability to chat with reporters on -line. Mr. Lea commented about the time that investigations can require, as one question leads to another. He also noted that as awareness of the hotline grows, it has the potential to consume a lot of audit time. Mr. Rosen appreciated the care taken to exclude personal identifying information from the report. He commented on the importance of the time abuse issue and hopes that awareness will reduce occurrence of this type of issue. Mr. Ferris commented that it was good to publicize when hotline reports result in fruitful investigations. It's important that the public know the system is in place and has netted results. Mr. Rosen agreed that communicating issues identified through the hotline to employees would probably be beneficial. Mr. Harmon noted that Auditing posts a comment in the hotline when the case is closed so the reporter can see the results of the investigation if they log in. Quarterly hotline reports are also public documents and awareness will likely grow over time. The Committee briefly discussed time and attendance systems and the potential need to consider such systems in the future. The report was received and filed without objection 7. Audit Committee Annual Report Mr. Harmon directed the Committee's attention to its work on formalizing investigation processes under Chapter 22 of the City Charter. He noted that he and Mr. Spencer have worked together on a framework for conducting investigations utilizing the powers in Chapter 22. Mr. Harmon anticipates draft procedures will be ready for Committee review by the end of Page 4 of 6 the year. The current draft of procedures would require a magistrate to approve subpoenas for records. Mr. Ferris asked for clarification on the Council's authority to authorize investigations and to enforce subpoenas, the magistrate's role, and other checks and balances being contemplated. Mr. Spencer stated that the Auditing department already has the right to all city records. The authority under Chapter 22 would be needed in cases when a vendor's records were needed and the vendor refused to provide them. If a vendor does not comply with a subpoena, they would be in contempt of court. Mr. Spencer noted that Lynchburg has a process in place that involves the magistrate, which helps provide independence. The Committee discussed the application to constitutional offices, the historical use of Chapter 22, and other possible checks and balances. The Committee closed the discussion by acknowledging the need to develop a thoroughly vetted framework that ensures investigations are not impeded while also ensuring judicious use of investigative powers. Mr. Harmon recognized the contributions of Mr. Lea in his capacity as Audit Committee Chair for the last six (6) years and thanked him for his service. He also acknowledged Dr. Trinkle's contributions as a Committee member from 2006 through 2012. Mr. Lea commented that the experience had been a good one, that it afforded him an opportunity to learn a great deal about the audit process and city operations. He noted that there had been several challenging audits during his time on the Committee and that he felt they were handled well. He thanked the audit staff for their professionalism and good work. Mr. Lea believes the City is better for having an audit department and for its willingness to look at itself. The report was approved without objection and will be filed with the City Council. 8. Quarterly Audit Plan Mr. Harmon introduced a new format for audit planning that he hopes to update quarterly. The plan lists the projects closed the previous quarter, projects currently open and planned projects for the next three quarters. The plan will be updated each quarter based on the level of hotline activity and ongoing risk considerations. Mr. Harmon briefly discussed the status of various open projects and the projects planned for the second quarter. The plan lists the audit projects planned for the City, the Transit Company and the School Division. Mr. Harmon also discussed the goal of developing a Financial Condition Report that would use data from CAFRs and other published sources to monitor trends and to contrast the City's financial data with peers. He noted that staff had already invested considerable effort into Page 5 of 6 identifying key information and developing templates for the report. He believes that Council and management will find it to be a useful tool in addition to the CAFR and budget. Mr. Morrill noted that the City recently participated in a GFOA financial management self - assessment tool for local governments. As a result of that assessment, the City is working on a long term financial plan that extends beyond capital and debt planning into operations. He also mentioned that in 2010 the Department of Management & Budget and the Department of Finance completed the ICMA Trend Indicators report which uses information from the CAFR and other sources. Mr. Rosen asked about the process for planning school audits. Mr. Harmon responded that the plan is developed based on input from his office, the school administration and the School Board. Common considerations are the time since the last audit, prior findings, and significant changes in management. Mr. Lea asked about the scope of the Athletics audit at the School Division. Mr. Harmon responded that Auditing had looked at athletic revenues and expenses when the School Division created a separate fund for Athletics. At that time, audit identified a need for better tracking of athletics related assets such as pitching machines, refrigerators, audio /visual equipment, etc. A new asset tracking system has been implemented and auditing will be checking to see that all the assets have been entered into the system. There being no further questions or suggestions from the Committee; the plan was received and fled without objection. Other Business: None Adjournment: The meeting was adjourned at 4:52 p.m. Drew Harmon, CPA, CIA Municipal Auditor Audit Committee Secretary Page 6 of 6 AUDIT COMMITTEE ANNUAL REPORT For Fiscal Year Ending June 30, 2012 ROANOKE September 5, 2012 Honorable Mayor and Members of City Council Roanoke, Virginia The Audit Committee is one of three permanent committees of the City Council. It serves in an advisory role to the Council and appointed officers on matters related to the City's financial records and activities affecting the financial records. Meetings are typically held quarterly and at the request of any member. The following meetings were held for the year ending June 30, 2012: • September 7, 2011 • December 7, 2011 • December 19, 2011 • March 7, 2012 • June 18, 2012 Meetings were well attended. Each member's attendance was as follows: Committee Member Meetin s Attended Sherman Lea, Chair 5 David Tdnkle, Vice Chair 4 Court Rosen, Member 5 Mayor Bowers, Member _ _ 4 The Committee reviewed and discussed audits completed in the following areas: • City Council Expenditures — FY 2011 • Sheriff Canteen and Auxiliary Funds • Lawson HR / Payroll System • Parking Garage Operations • Parking Garage Cash • Comprehensive Annual Financial Report [CAFR] - FYE June 30, 2011 • Purchasing Cards • Fire /EMS Cell Phones [Follow Up] • Street Lighting [Follow Up] • Code Enforcement [Follow Up] • Roanoke River Flood Reduction Project [Follow Up] • Facilities Management [Follow Up] • Sheriff Canteen [Follow Up] • Police Cash Funds Audit Committee Annual Report Page 2 of 2 September 5, 2012 • Jail Cost Report • Clerk of the Circuit Court • Street Paving [Follow Up] Fixed Assets Inventory [Follow Up] • Lawson HR / Payroll [Follow Up] • GRTC Procurement and Credit Cards [Follow Up] The minutes from each meeting were filed with City Council and are available from the City's Municipal Auditing Department and on the City's website. Other Work of the Audit Committee: The Committee reviewed and commented on the audit plans for the City, the Roanoke City Public Schools, and the Greater Roanoke Transit Company developed by Municipal Auditing. The Committee also reviewed KPMG's audit plan for the annual audit of the City's Comprehensive Annual Financial Reports. The Committee oversaw the creation of a hotline for the public and employees to report potential incidences of fraud, waste or abuse involving city personnel or public funds. The hotline was publicized in March 2012 and the first report to the hotline was received in April. The Committee will review hotline activity each quarter, beginning in September 2012. As part of the effort to strengthen the City's efforts to promote ethical conduct and discourage fraud, waste and abuse, the Committee is working with Municipal Auditing and the City Attorney's Office to improve and formalize investigation processes. Committee Membership: The Audit Committee is composed of three members from City Council and the Mayor. The City Manager, Director of Finance, and City Attorney also regularly attend Committee meetings to provide input and to respond to questions. The Municipal Auditor serves as Secretary to the Committee and maintains the minutes and records. Committee membership for fiscal year 2013 is: • Court Rosen, Chair • Sherman Lea, Vice Chair • Ray Ferris, Member • Mayor Bowers, Member We look forward to working with City Council and City Administrators in the coming year. I would be pleased to respond to any questions or requests Members of City Council may have related to the work of the Audit Committee or this report. Court Rosen Audit Committee Chair W kikk ROANOKE RETI REM ENT ADMINISTRATION Noel C. Taylor Municipal BuRding 215 Church Avenue, 5W, Room 465 Roanoke, Virginia 24011 540.853.2062 Fax: 540 853.6142 September 17, 2012 Honorable David A. Bowers, Mayor Honorable Court G. Rosen, Vice -Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period July 1, 2011 through June 30, 2012. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board of Trustees, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, David C. Key Chairman Attachment c: Stephanie M. Moon, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2012 There were four regularly scheduled quarterly meetings and one additional meeting scheduled during the above referenced time period. July 13, 2011 Meeting Members present: Mac Babb Carolyn Glover James Grisso Alan Hullette David Key Chris Morrill Jeff Rakes Members absent: Mayor David Bowers Ann Shawver The Board approved: 1 retirement from Employees' Retirement System (ERS); and 20 retirements from Employees' Supplemental Retirement System (ESRS) The Board approved: 1 occupational disability The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's May 30, 2011 monthly and March 31, 2011 quarterly investment updates were presented by Mr. Key. It was reported that the portfolio rebalancing was completed with the exception of additional funding into real estate and funds allocated for investment in the infrastructure fund. Additional investment in the real estate fund was anticipated for the next quarterly opening around September 30, 2011. Our current Disability Application Review process was discussed and it was recommended that the Pension Board expand the scope of services of Dr. Lamb, a physician serving as Medical Director for Employee Health Services. Expanding the scope will allow dedicated hours for the review of records for Pension Plan disability applicants and will allow for review of medical records more quickly. Only time spent for the review of records will be billed to the Pension Plan. Annual Report - City of Roanoke Pension Plan Page 2 The Pension Investment Committee would like to proceed with an extension of the Becker, Burke Associates contract for another year. A motion was made and duly seconded to continue negotiations to include terms and amounts. This information will be emailed to the Board of Trustees for a final vote. An RFP has been issued for master custodial services and is currently open for response. RFPs are expected back in the next month. A Retirement Benefits Financial Planning update was presented. The team has been working with a financial advisor from Public Financial Management (PFM) and has utilized the services of the plan's actuary to review the projected cost of developed options. Changes would be effective for employees hired on or after a future date. There is an upcoming Trustee Training at Hotel Roanoke & Conference Center on October 23 - 24. Trustees were encouraged to attend if their schedules allow. October 12, 2011 Meeting Members present: Mac Babb Mayor David Bowers Carolyn Glover Alan Hullette Ann Shawver Members Absent: James Grisso David Key Chris Morrill Jeff Rakes The Board approved: • 3 retirement from ERS; and 26 retirements from ESRS. The Board approved: 2 non - occupational disabilities The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Annual Report - City of Roanoke Pension Plan Page 3 Mr. Key gave an overview of Becker, Burke Associates, Incorporated's investment update as of June 30, 201 1 . The disability earned income reporting has been completed for the year. Pension Plan staff is currently working with Becker, Burke Associates on the evaluation of responses to an RFP for investment custodian services. Candidates have been identified for interview. Plan staff hopes to have a recommendation at the January 2012 meeting. An update was given by Ms. Trent regarding the Retirement Benefits Financial Planning project. She indicated that the team will soon be working with employees to share information on potential plan changes for future hires. November 16, 2011 Meeting Members present: Mac Babb Mayor David Bowers Carolyn Glover James Grisso Alan Hullette David Key Chris Morrill Ann Shawver Members absent: Jeff Rakes The Pension Investment Committee recommended liquidation of the American Funds investment and hiring of Winslow Capital Management for the large -cap domestic equity growth portfolio allocation. A motion was duly made and seconded to approve this action. Also recommended was the termination of the investment agreement with River Road Asset Management and the hiring of Ceredex Value Advisors for the small - cap domestic equity value portfolio allocation. A motion was duly made and seconded to approve this action. A motion was duly made and seconded to discontinue participation in the securities lending program for funds currently invested in State Street Global Annual Report - City of Roanoke Pension Plan Page 4 Advisors index funds. Assets invested in these securities lending participating funds will be transferred to non - participating funds in the same indexed investment where available. A formal vote was taken to approve the new terms of the Becker, Burke Associates contract. January 11, 2012 Meeting Members present: Mac Babb Carolyn Glover James Grisso Alan Hullette David Key Jeff Rakes Ann Shawver Members absent: Mayor David Bowers Chris Morrill The Board approved: 1 retirement from ERS; and • 1 5 retirements from ESRS The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's investment updates for the quarter ended September 30, 2011 and month ended November 30, 2011 were presented by Mr. Key. It was noted that the Pension Investment Committee conducted interviews of candidates for investment custodian. The Pension Investment Committee requested approval to proceed with hiring Comerica and terminating the relationship with State Street Bank, the current investment custodian. The FY2011 Comprehensive Annual Financial Report for the Pension Plan was presented to the Board of Trustees. Annual Report - City of Roanoke Pension Plan Page S April 11, 2012 Meeting Members present: Carolyn Glover James Grisso Alan Hullette Jeff Rakes Ann Shawver Members absent: Mac Babb Mayor David Bowers David Key Chris Morrill The Board approved: 22 retirements from ESRS The Board approved: 3 non - occupational disabilities The Board recognized the deaths of 2 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's monthly and quarterly investment updates as of February 29, 2012 and December 31, 2011, respectively, were presented by Mr. Harless. The Pension Board agreed to allow administrative approval for a change in index fund managers with the Pension Investment Committee's consent and provided the change were financially advantageous to the Plan and the new index fund manager is currently a manager of assets in the Plan's portfolio. The Pension Investment Committee recommended the transition of the Plan's current investment in the Thomas White International Fund mutual fund to commingled fund vehicle of this identical fund. An update on the Retirement Benefits Financial Planning project was given and it was noted that a briefing to City Council was planned for an upcoming City Council meeting. Appreciation was expressed for Mac Babb's service to the Board as his term expired on June 30, 2012. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Troy A. Harmon, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 2012, and ending September 30, 2014, according to the best of my ability. So help me God. Troy X Harmon The foregoing oath of office was taken, sworn to, and subscribed before me by Troy A. Harmon thisday of adAoj2012. Brenda S. Hamilton, Clerk of the Circuit Court Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Ann H. Shawver, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 2012, and ending September 30, 2014, according to the best of my ability. So help me God. M,- The foregoing oath of office was, taken, sworn to, and subscribed before me by Ann H. Shawver this 1. dayofc�C.f/T���• 2012. Brenda S. Hamilton, Clerk of the Circuit Court Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Stephanie M. Moon, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties a,v incumbent upon me ,,City Clerk of the City of Roanoke, for a term of two years commencing October 1, 2012, and ending September 30, 2014, according to the best of my ability. So help me God. S p anie M. Moon The foregoing oath of office was taken, sworn to, and subscribed before me by Stephanie M. Moon this 7� day of49L Brenda S. Hamilton, /%/ /Clerk gf the Circuit Court MktSq Update Farmers Market Finances & Market Square Renovations Historic City Market �0 C19 Financial & Operational Update Management Structure Downtown Service District City of Roanoke Management Contract:.Managemenr Agreemenr: Historic City Market Downtown Service District Downtown Roanoke, Inc. Sponsors Vendor Contracts __ M Clean & Economic Special Marke ng Safe Dev. Events Income Management Fees Promotions Fees & Sponsorships DRI Support City Reimbursements (restroom facilities) Expenses Promotions Operations & Mkt. Manager (v2 time) Total Income Total Expenses $ 28,473 17,674 2,124 9,480 $ 57,751 $ 18,782 42,272 $ 61,054 Farmers Market Net Income (Loss) $ (3,303) The New Market Square ^awtt I F �4 F i li . - iii" , rim Spaces Available Permanent Parking Lots Total Stalls Spaces Spaces Official 10 ....... - 11 .... ........ .... 21 ................ -.11- ............. - ............... Current (with construction) ................ 10 6 .... ........ .............. 16 I ............ ...... .......... .... 1 11.1 -.11 .... 11 ............. 1111 � - .............. ....... - Proposed ......................... .................... ............................ ............................ ............ . 10 . .... .......... ........ .... ............ I ............................ 14 ..... ................... ......................................................................... 24 Increased Spaces Available 0 3 3 Spaces . •• - Permanent Parking Lots Total Stalls Spaces Spaces Increased Spaces Available 0 3 3 FS] September: Council Update Management Plan Development Final Public Input m October: Final Design Revisions Council Plan Approval The New Market Square Co IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39496 -091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Speed Enforcement Grant to the City from the Virginia Department of Motor Vehicles, 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: I. The City of Roanoke does hereby accept from the Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Speed Enforcement Grant in the amount of $19,520, to be used for traffic enforcement targeting speed. The subgrant, which requires a $9,760 in -kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 2012, 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the subgrant agreement and all necessary documents required to accept this subgrant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. oMV Speed Enforcement Gmm 9 -17 -12 doc ATTEST: ,,pp// `` `�1..lylyt city l r 111 � City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39497 - 091712. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Expendable Equipment (45,000) Training and Development Revenues DMV Speed Enforcement Grant FY13 35- 640 - 3465 -1003 $ 12,485 35- 640 - 3465 -1120 955 35- 640 - 3465 -2035 5,580 35- 640 - 3465 -2044 500 35- 640 - 3465 -3465 19,520 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST � p� �� ! _ _" Gtyi �k' ' Ivt-i CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: 2013 DMV Traffic Safety (Speed Enforcement) Grant Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Police Department regularly applies for grant funding under this program. The Police Department has been awarded $19,520 in funding to be used for traffic enforcement targeting speed. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement, purchase four new handheld radar speed detection units and send officers to traffic safety training. There is a required $9,760 in -kind match associated with this award that will be satisfied through the Police Department's expenditure on motor fuel. Recommended Action: Accept the DMV Traffic Safety (Speed Enforcement) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $19,520 and appropriate funding in the same amount in an account to be established by the Director of Finance in the Grant Fund. O �topher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39498- 091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Occupant Safety Grant to the City from the Virginia Department of Motor Vehicles, 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: The City of Roanoke does hereby accept from the Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Occupant Safety Grant in the amount of $11,450, to be used for traffic enforcement targeting occupant safety. The subgrant, which requires a $5,725 in -kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 2012. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the subgrant agreement and all necessary documents required to accept this subgrant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. DMV Occupant Safry 0.19 -17 -12 doc ATTEST:: U 4�C-t ty C-yyjDRw IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39499 - 091712. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Training and Development Revenues DMV Occupant Protection Grant FY13 35- 640 - 3464 -1003 $ 10,404 35- 640- 3464 -1120 796 35- 640- 3464 -2044 250 35- 640 - 3464 -3464 11,450 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �y�� ? .raRJ - ' " I "tlw City Clerk. 1, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: 2013 DMV Traffic Safety (Occupant Safety) Grant Background The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Police Department regularly applies for grant funding under this program. The Police Department has been awarded $11,450 in funding to be used for traffic enforcement targeting occupant safety. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement and send officers to traffic safety training. There is a required $5,725 in -kind match associated with this award that will be satisfied through the Police Department's expenditure on motor fuel. Recommended Action: Accept the DMV Traffic Safety (Occupant Safety) Grant described above and authorize the City Manager to execute the grant agreement and any related documents, all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount $11,450 and appropriate funding in the same amount in an account to be established by the Director of Finance in the Grant Fund. a4 ------------------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget 6 �5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39500 -091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant to the City from the Virginia Department of Motor Vehicles, 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 of Roanoke does hereby accept from the Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant in the amount of $15,320, to be used for traffic enforcement targeting alcohol impaired drivers. The subgrant, which requires a $8,160 in -kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 2012. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the subgrant agreement and all necessary documents required to accept this subgrant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. DMV Alcohol Impaired Drivers Gant 9- 17- 12.doc ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of septenber, 2012. No. 39501 -091712. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3449 -1003 $ 12,485 FICA 35- 640 - 3449 -1120 955 Training and Development 35- 640 - 3449 -2044 1,380 Program Supplies 35- 640 - 3449 -2066 500 Revenues DMV Alcohol Enforcement Grant FY13 35- 640 - 3449 -3449 15,320 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 9L-4�M'�iJ� City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: 2013 DMV Traffic Safety (Alcohol Impaired Drivers) Grant Background The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Police Department regularly applies for grant funding under this program. The police department has been awarded $15,320 in funding to be used for traffic enforcement targeting alcohol impaired drivers. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement, send officers to traffic safety training, and obtain printed traffic safety materials. There is a required $8,160 in -kind match associated with this award that will be satisfied through the Police Department's expenditure on motor fuel. Recommended Action: Accept the 2013 DMV Traffic Safety (Alcohol Impaired Drivers) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $15,320 and appropriate funding in the same amount in an account to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39502- 091712. A RESOLUTION accepting a Local Government Challenge Grant to the City from the Virginia Commission for the Arts, 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 of Roanoke accepts the Local Government Challenge Grant offered by the Virginia Commission for the Arts in the amount of $5,000 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires at least a $5,000 local match, is more particularly described in the report to Council dated September 17, 2012. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, a grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: , ,;� -wl, K local 9ov 6MIl .ge grant 2012.d.o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39503 -091712. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Ballet Theatre Southwest Virginia Ballet Arts Council of the Blue Ridge Roanoke Children's Theatre Revenues Local Challenge Grant FY13 35- 410 - 8747 -3779 $ 1,250 35- 410 - 8747 -3794 1,250 35- 410 - 8747 -3909 1,250 35- 410 - 8747 -3984 1,250 35- 410 - 8747 -8747 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: PqL piAn) City Clerk. AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Virginia Commission for the Arts Local Government Challenge Grant Background: Notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000 Local Government Challenge Grant (LGCG) has been awarded to the City of Roanoke. Funding will be allocated to the following in these amounts based on recommendations developed by the Roanoke Arts Commission: The Arts Council of the Blue Ridge $1,250 Roanoke Ballet Theatre $1,250 Roanoke Children's Theatre $1,250 Southwest Virginia Ballet $1,250 There is no specification as to how sub - grantees must use these funds. The Roanoke Arts Commission selected these organizations due to the strength of their applications as part of the annual Agency Funding Advisory Committee review which is part of the City's budget development process. Considerations: In order to receive these funds, the Commission for the Arts must obtain written confirmation that local funds will be used to match or exceed the amount of the grant. For Fiscal Year 2012 -2013 the Arts Council will receive $16,000, Roanoke Ballet Theatre will receive $8,000, Roanoke Children's Theatre will receive $9,000 and Southwest Virginia Ballet will receive $8,000 as recommended by the Roanoke Arts Commission and previously appropriated by City Council. This local funding will provide the required local match. Recommended Action: Adopt the attached resolution authorizing the acceptance of this grant and authorizing the City Manager to execute any documents necessary to receive such grant; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $5,000 and to appropriate funding in the same amount to an account to be established in the Grant Fund by the Director of Finance. Christo_�orl�-- ( -`-Y -� City Manager Distribution: Council Appointed Officers OWL-_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17tb day of September, 2012. No. 39504- 091712. A RESOLUTION authorizing acceptance of the Dorothy Koch Family Foundation Grant to the City, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: The City of Roanoke hereby accepts the Dorothy Koch Family Foundation Grant to the City in the amount of $10,000, to fund a temporary Early Literacy Consultant for the Library, as more particularly set forth in the City Council Agenda Report dated September 17, 2012. 1 The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implements, use, and administer such grant funds. All documents shall be upon form approved by the City Attorney. ATTEST: City Clerk. R-DOro yKmhFly Foundation Gmm9- 17 -12doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September. 2012. No. 39505 -091712. AN ORDINANCE to appropriate funding from the Dorothy Koch Family Foundation Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Supplies Revenues Koch Family Foundation FY13 35- 650- 8311 -1004 $ 9,120 35- 650 - 8311 -1120 711 35- 650 -8311 -2066 169 35- 650- 8311 -8311 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: UAZ.t'yy-) City Clerk. r CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Dorothy Koch Family Foundation Grant Background: The Dorothy Koch Family Foundation has approved a $10,000 grant to fund a temporary Early Literacy Consultant for the Library. The person in this position would be responsible for working with the Library and the Smart Beginnings program, to provide literacy instruction and training to teachers, librarians, parents and caregivers that work with young children in the Raleigh Court area. During the school year, the Early Literacy Consultant will visit childcare centers and preschool centers to help them improve the quality of their early literacy instruction and learning environments. The consultant will also lead parenting workshops and work with the Library to teach parents and grandparents important ways to incorporate literacy activities and support early learning. This pilot program will support the implementation of the All America City Community Solutions Action Plan and the ongoing work to ensure that children are ready for school and reading at grade level by 3rd grade. 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 support this temporary library position. Recommended Action: Accept the Dorothy Koch Family Foundation grant and authorize the City Manager to take such actions and execute such documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, including execution of any required grant agreement, such documents to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $10,000 and appropriate funding of to the same in an account to be established in the Grant Fund by the Director of Finance. 6A& A64 P. Morrill City Manager 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 17th day of September, 2012. No. 39506- 091712. AN ORDINANCE to appropriate funding from the sale of property and from the Economic and Community Development Reserve and to transfer funding from the South Jefferson Redevelopment Project for the establishment of an Economic Development Grant for Roanoke River Associates, LLC, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Appropriations South Jefferson Redevelopment Project Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated Revenue Sale of Surplus Property — South Jefferson 08- 530 - 9633 -9003 $(1,126,713) 08- 530 - 9993 -9003 2,000,000 08 -3365 ( 273,287) 08- 530 - 9633 -9633 600,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: a _ y � City Clerk. Il r IFG)� CITY COUNCIL AGENDA REPORT � 2 To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Appropriation of Initial Funding for a Performance Agreement between the City of Roanoke, City of Roanoke Economic Development Authority (EDA), and Roanoke River Associates, LLC (RRA) Background: On July 16, 2012, by Ordinance No. 39447-071612, City Council approved the execution of a Performance Agreement (Agreement) between the City of Roanoke (City), City of Roanoke Economic Development Authority (EDA), and Roanoke River Associates, LLC (RRA) for the development of approximately twenty-two (22) acres of property located east of South Jefferson Street and adjacent to the Roanoke River into a mixed use configuration containing commercial, office, retail, and residential buildings along with appropriate and supportive infrastructure and amenities (Property). This Agreement was subsequently approved by the EDA at its July 18, 2012, meeting. As part of the Agreement, the City is required to appropriate $2,000,000 to the EDA within 45 days after the date of the Performance Agreement, which is dated August 14, 2012. The EDA will then make an Initial Economic Development Grant to RRA as provided for in the Agreement. Considerations: Funding in the amount of $2,000,000 for the Performance Agreement will be provided from the South Jefferson Redevelopment Project account (08 -530- 9633), proceeds from the sale of property in the South Jefferson Redevelopment Area by the Roanoke Redevelopment and Housing Authority as well as an appropriation from the Economic and Community Development Reserve. Recommended Action: Establish a revenue estimate in the amount of $600,000 from the sale of surplus property from the Roanoke Redevelopment and Housing Authority and appropriate the same amount to an account to be established by the Director of Finance in the Capital Projects Fund. Appropriate $273,287 from the Economic and Community Development Reserve and transfer funding in the amount of $1,126,713 from the South Jefferson Redevelopment Project account (08 -530- 9633 -9003) to an account to be established by the Director of Finance in the Capital Projects Fund. --------- - - - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Harwell (Sam) M. Darby, Jr., Attorney, EDA Robert Ledger, Economic Development Manager Marc Nelson, Special Projects Coordinator PERFORMANCE AGREEMENT This Performance Agreement (Agreement) is dated August 11, 2012, by and among the City of Roanoke, Virginia, a municipal corporation (City), Roanoke River Associates, LLC, a Virginia limited liability company (RRA), and the Economic Development Authority of the City of Roanoke, Virginia, an economic development authority organized and existing under the laws of the Commonwealth of Virginia (EDA). RECITALS R -1. RRA has proposed the development of certain property, with the Cycle Systems Property, (Property) located in the City along Jefferson Street, Walnut Avenue, and Mill Street, consisting of tax map numbers 4030303, 4030302, 4030307, 4022103, 4030306, 4030305, 4030501, 4040401, 4040106, and 4040301 on which RRA proposes to construct a mixed use development including commercial, office, retail and residential buildings and related public infrastructure which will be dedicated to the City, and amenities; R -2. RRA intends to acquire the Cycle Systems Property as part of the development of the Project. The development of the Cycle Systems Property as shown in Exhibit A referred to in paragraph R4 will require the demolition and removal of structures and environmental cleanup and remediation work. R -3. The City recognizes that the development of the Property will require significant costs for public infrastructure, environmental cleanup and remediation, the demolition and removal of structures, and the construction of amenities that will be available to the public, including parking and recreational facilities; R -4. RRA intends to develop the Property by constructing streets, developing and rehabilitating commercial, office, retail and residential sites and facilities, together with associated infrastructure, and amenities available to the public, on the Property (Project). A drawing showing the Property and the Project, as currently planned, is attached hereto and made a part hereof as Exhibit A; R -5. The development of the Project will require the construction of new streets that will be dedicated to the City to provide better access to the Property, the new and rehabilitated commercial, office, retail and residential facilities, and the recreational and other amenities on the Property. R -6. BRA intends to develop the street improvements needed for the Project. Upon the completion of the street improvements, RRA shall dedicate such street improvements to the City, subject to the City's acceptance of the same; R -7. BRA has indicated that such street improvements, infrastructure improvements, environmental cleanup and remediation work, demolition and removal of structures, and the construction of infrastructure and amenities will allow for a significant additional investment to be made for the Project; R -8. BRA anticipates constructing or causing to be constructed infrastructure improvements and amenities available to the public on the Property and in connection with the Project, as shown in a map of the site attached hereto and made a part hereof as Exhibit B. The anticipated infrastructure improvements include, but are not limited to: a. Jefferson Street streetscape improvements. Dedicate additional right -of -way and complete streetscape improvements along the eastern side of Jefferson Street from the north end of the Property to Reserve Avenue. b. Connector streets to Jefferson Street from the interior of the Property and extending through the Property including the utilities necessary for a full build -out, on- street parking, and associated pedestrian streetscape. C. Demolition and reconstruction of the Walnut Avenue ramp road presently located on the north side of the Walnut Street Bridge and new streets through the Property to the south connecting to the proposed Rail Crossing, including design, utilities necessary for a full build -out, on- street parking, and the streetscape. d. Urban plaza between the Riverfront and the historic Trolley Barn building, including environmental cleanup under the bridge. 2 e. Riverfront Promenade improvements on both sides of the Walnut Street Bridge. f. Environmental cleanup and related work on the Property. g. Demolishing and removing certain structures on the Property. h. Railroad grade crossing with required improvements and screening. i. Retaining walls to be erected on both the north and south sides of the Jefferson Street connector street identified in Paragraph b above. j. At -grade parking for nonresidential uses available to the public. R -9. BRA has requested economic development grants through the EDA to assist in the cost of the site improvements, associated site infrastructure improvements, demolition to include removal of structures, environmental cleanup and remediation work, and the construction of infrastructure and amenities available for public use; but not for the construction or rehabilitation of the commercial, office, retail and residential buildings other than environmental cleanup and remediation work in several of the buildings to be rehabilitated; R -10. The City and the EDA desire that the Project proceed and have determined that such Project will promote economic development within the City and within the Roanoke Valley. Such Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Valley; R -11. The EDA, based on the undertakings of RRA, has determined to make an initial economic development grant and subsequent annual economic development grants for a specified period to RRA from funds to be provided for such purposes to the EDA by the City, all in accordance with the terms of this Agreement; and R -12. The parties wish to reduce to writing the understanding of the parties concerning this matter. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained herein, mutually agree as follows; SECTION 1. INCORPORATION OF RECITAL S. The Recitals stated above shall be part of this Agreement. SECTION 2. DEFINITIONS. A. Eligible Expenditures. Eligible Expenditures shall include infra- structure construction project costs (including engineering, design, architectural, security, financing, accounting, and legal costs (the combined total of which shall be capped at 1S% of overall total expenditures) as well as infrastructure construction and project management, supervision, inspection, testing; environmental clean -up and remediation costs (including the removal and remediation of asbestos and similar materials from the interior of the buildings to be rehabilitated, and the removal, disposal and replacement of soil); the cost of demolishing, removing or relocating any buildings or structures; the cost of off - street parking facilities which are open to the public for nonresidential uses; the cost of constructing certain specific amenities available to the public; all permits, licenses, water and sewer impact fees and connection fees; and offsite improvements directly required for the Project; and such other costs as may be reasonably necessary and incident to the construction and development of the infrastructure improvements and amenities available to the public for the Project. However, any such Eligible Expenditures shall not include the cost of the Property. B. Proiect. The Project shall include development and rehabilitation of commercial, office, retail and residential sites and facilities, together with associated infrastructure and amenities on the Property that shall be available to the public. C. Propert . The Property shall include property located along Jefferson Street, Walnut Avenue, and Mill Street, consisting of tax map numbers 4030303, 4030302, 4030307, 4022103, 4030306, 4030305, 4030501, 4040401, 4040106, 4040301, and the Cycle Systems Property. D. Cycle Systems Prope!U' The Cycle Systems Property shall include property located on Walnut Avenue, consisting of tax map numbers 4030301, 4022221, 4022227, and as shown on Exhibit A. SECTION 3. INITIAL EDA ECONOMIC DEVELOPMENT GRANT Subject to the terms of this Agreement, the EDA shall, with funds provided by the City, make an initial Economic Development Grant (Initial Grant) of $2,000,000.00 for the Project to assist with the development of the infrastructure and for Eligible Expenditures for the Project for the purposes of promoting economic development in the City and the Roanoke Valley. The EDA's obligations hereunder are not general obligations of the EDA, but are special obligations of the EDA limited to those funds which are provided by the City for such purposes and received by the EDA under the terms set forth herein. The EDA shall make the Initial Grant to RRA upon receipt of funds from the City for such Initial Grant. The City shall make the appropriation to the EDA for the Initial Grant within 45 days after the date of this Performance Agreement. SECTION 4. EDA ECONOMIC DEVELOPMENT GRANT/FUTURE YEARS. Subject to the terms of this Agreement, the EDA shall make, in addition to the Initial Grant, up to twelve (12) annual Economic Development Grants (Grant), the total aggregate amount of which shall not exceed $8,000,000.00, to RRA in order to assist with the development of the infrastructure and for Eligible Expenditures for the Project for the purposes of promoting economic development in the City and the Roanoke Valley. The EDA shall make such Grants up to a maximum aggregate amount of $8,000,000.00, based on Eligible Expenditures spent or caused to have been spent by RRA, (such amount being in addition to the Initial Grant of $2,000,000.00), after RRA has spent or caused to have been spent the Initial Grant in Eligible Expenditures in the first 24 month period as provided for below. The EDA's obligations hereunder are not general obligations of the EDA, but are special obligations of the EDA limited to those funds which are provided by the City for such purposes and received by the EDA under the terms set forth herein. SECTION S. OBLIGATIONS OF RRA. RRA agrees and promises that in order to qualify to receive and to continue to receive the Grant for each grant year (as defined in this Agreement), RRA shall do or provide each of the following: A. Within 24 months after the date of this Agreement, RRA shall have spent or caused to have been spent, Eligible Expenditures totaling at least $2,000,000.00. In the event RRA fails to make Eligible Expenditures totaling $2,000,000.00 during this 24 month period, RRA shall return within 30 days after such 24 month period ends to the EDA an amount equal to the difference between the Initial Grant and the Eligible Expenditures made during the 24 month period. If this occurs, the EDA shall pay to the City any such amount the EDA receives from RRA. B. Within 36 months after the date of this Agreement, RRA shall have spent or caused to have been spent Eligible Expenditures totaling up to $3,000,000.00. Such amount shall include the amount RRA spends in Eligible Expenditures made during the first 24 month period plus an additional $1,000,000.00 in Eligible Expenditures. C. Within 36 months after the date of this Agreement, RRA shall have built, renovated, or rehabilitated and have obtained permanent certificates of occupancy for two buildings on the Property and such buildings shall be available for sale or lease. D. RRA shall be eligible for, and the EDA shall make, Grants up to a maximum amount of $8,000,000.00 based on Eligible Expenditures spent or caused to have been spent by RRA after RRA has spent or caused to have been spent the amount in Paragraph A above in Eligible Expenditures in the first 24 month period. However, any such Grants are subject to the terms of this Agreement and the following limits: 1. The amount of any Grant Request in a Grant Year cannot exceed the amount of Eligible Expenditures that have been made and have not yet been the basis for a Grant. This amount may include Eligible Expenditures made in prior Grant Years for which no Grant funds were paid. 2. The amount of any Grant Request in a Grant Year cannot exceed the amount available for a Grant based on an amount equal to 75% of the amount of applicable tax revenue the City actually received during the preceding Grant Year from the Property as provided for in Section 6(C) of this Agreement. However, any available Grant revenue funds not provided for in a Grant request shall not carry over to any other Grant Year. 3. For specific examples for how to apply some of the scenarios set forth in this Section 5, see Exhibit D attached hereto and made a part of this Agreement. E. RRA anticipates spending or causing to be spent Eligible Expenditures totaling at least $10,000,000.00. This $10,000,000.00 includes the amount up to $3,000,000.00 in Eligible Expenditures made during the first 36 month period and an additional $7,000,000.00 in Eligible Expenditures during the remaining term of this Agreement. F. Either the EDA or the City may request in writing from RRA reasonable documentation of the Eligible Expenditures and, if so, RRA shall provide such reasonable documentation within thirty (30) days of any such written request, at no cost to the EDA or the City. Verification of expenditures submitted by RRA shall be sufficient to allow the EDA and the City to determine if RRA has made or cause to have been made Eligible Expenditures as contemplated by this Agreement. If the information submitted by RRA for verification of the Eligible Expenses is not sufficient to evidence such expenditure, either the EDA or the City may request further documentation, which shall be provided by RRA within 30 days of receipt of the request for further documentation. All of the documents or information produced by RRA to verify such costs or expenditures shall be provided to the City and the FDA without cost or charge to either the City or the EDA. RRA shall be responsible for providing all such documentation, whether from RRA or other entities within the Property and Project. 2. In the event that a development entity other than RRA makes the Eligible Expenditures pursuant to an assignment, co- development agreement, or similar arrangement, then RRA shall be responsible for providing to the EDA and the City all documentation of all such Eligible Expenditures, whether such Eligible Expenditures were made by RRA or other entities within the Property and Project. Any Grant payments shall only be to RRA unless the City and the EDA agree otherwise. G. RRA shall file all appropriate real estate tax and other tax forms or notices with the City with respect to the parcels comprising the Property that RRA owns, ensure that it has received assessments for such parcels from the City for such taxes, and RRA shall have paid all such taxes to the City and not claimed any exemptions from real estate taxes or other taxes for any periods of time from which Grant funds are requested. RRA shall also ensure that the owner of the Property or any part thereof and any entity that may operate and /or manage the Property or Project, or any part thereof, if different than RRA, also complies with all the obligations of this Section S(G) and any other applicable provisions of this Agreement. H. RRA shall make all Grant Requests as set forth in this Agreement SECTION 6. ECONOMIC DEVELOPMENT GRANTS. Subject to the conditions as set forth in this Agreement, the EDA shall provide certain Grant funds, limited to those funds which are received by the EDA from the City, for such purposes, as set forth below, to RRA, in order to assist with the development of the Property and associated infrastructure for the Project as follows: A. The First Grant Year under this Agreement shall start no later than July 1 immediately following the end of the 36 month period referred to in Section S(B). Provided, however, RRA shall submit such First Grant Request, and any subsequent Grant Requests, to the EDA as provided for in this Agreement and shall provide the EDA with reasonable documentation as to RRA's compliance with this Agreement. For purposes of this Agreement, a Grant Year shall mean July 1 through June 30 of the applicable time period. The parties agree that the First Grant Year of the possible twelve consecutive Grant Years referred to in Section 6(B) below shall start no later than the time period set forth above, whether or not RRA makes a Grant Request for that First Grant Year, B. Such Grants may be requested only by RRA, unless the City and the EDA agree otherwise, for a maximum of twelve (12) consecutive years, which shall include the Grant Year for the First Grant Request. The twelve (12) year period shall continue to run whether or not a Grant Request is made or any Grant funds are paid to RRA for any particular year. All Grant Requests shall be made by RRA and submitted to the EDA between the period of September 1 and December 1 for the preceding Grant Year or no Grant shall be considered or given for that particular year. For example, if RRA wants to make a request for the Grant Year of July 1, 2014, to June 30, 2015, RRA must do so between September 1, 2015, and December 1, 2015. Also, in such an example, the 12 consecutive years for which a Grant could be requested would be July 1, 2014, through June 30, 2026. The City will cooperate with RRA by providing public information relevant to tax revenue received from the Property or the Project. C. Subject to the provisions of this Agreement, the amount of each Grant Request can be up to an amount equal to 75% of the amount of revenue the City actually received during the preceding Grant Year from the Property, and any taxes directly related to any businesses conducted on the Property, subject to the limits set forth herein, directly resulting from the Property or the Project and coming from real estate taxes, the City's portion of general sales tax (currently the local option is 1 %), professional and occupational license tax, tangible personal property used in business (but not including tangible personal property taxes for any vehicles), prepared food and beverage tax, and transient occupancy tax. 1. The amount of any Grant Request in a Grant Year cannot exceed the amount of Eligible Expenditures that have been made and have not yet been the basis for a Grant. This amount may include Eligible Expenditures made in prior Grant Years for which no Grant funds were paid. a 2. Provided, however, any new or existing local or special tax, such as a Downtown Service District Tax or increase in the rate of any of the aforementioned taxes for the specific purpose of dedicating the incremental revenue for a specific project or purpose shall be excluded from and not counted in the amount of tax revenue resulting from the Property or Project. 3. Furthermore, there shall be no carryover of any type from one Grant Year to the next for any applicable City revenues received and /or funds from the prior year or years or for purposes of determining the amount of revenue available for any Grant Year. The amount of revenue the City actually received from the taxes listed above during each Grant year from the Property shall be looked at separately to determine the available Grant revenue for the Grant Request for the specific Grant Year in question. D. The maximum amount of all future year Grant Funds RRA may receive under this Agreement shall in no event exceed a total of $8,000,000.00. Once this maximum amount is paid to RRA, or the above 12 year period has expired, whichever occurs first, RRA may not make any further Grant requests and no further Grant requests shall be considered or paid. SECTION 7. DISTRIBUTION OF GRANT FUNDS. Upon RRA's compliance with the obligations set forth in this Agreement, RRA may request in writing that the EDA obtain and provide the Grant Funds mentioned above in accordance with the terms of this Agreement. Such request must be accompanied by reasonable documentation to establish to the reasonable satisfaction of the EDA and the City RRA's compliance with the obligations set forth in this Agreement. Upon receipt of such request, and approval by the EDA (approved request), the EDA shall forward the approved request to the City Manager and the Economic Development Manager. The written Grant Request(s) from RRA to the EDA shall be on a form approved by the EDA's counsel, attached as Exhibit C, such approval not to be unreasonably withheld. The EDA may disapprove any request that does not comply with the terms of this Agreement or require that a revised request be submitted. 10 Should the EDA disapprove a Grant Request or require that BRA submit a revised request, the EDA shall provide written notice to RRA stating the basis for disapproval and any defect in the Grant Request and specifying the required additional information. RRA shall submit the revised and resubmitted request within 30 days of receipt of such written notice. If such additional information is not provided, such Grant request may be denied by the EDA and /or the City. After the EDA approves a request, the EDA shall make a written request to the City for the distribution to the EDA of the City's appropriation of such funds. The City will process such approved request within 45 days of receipt thereof, subject to such funds being appropriated. The EDA will make any approved payments to RRA within 10 working days from the date of receipt of the funds from the City, provided, however, that the EDA has no liability in the event the City delays processing the EDA's requisition. The EDA's obligations shall be limited to those funds which the EDA shall receive from the City and shall not a general obligation, but a special obligation of the EDA. Furthermore, no Grant requests may be made by BRA or considered by the EDA after December 1 after the end of the twelfth Grant Year or after the payment of the maximum Grant amount to BRA, whichever occurs first. SECTION 8. FUTURE BRIDE. The City and RRA anticipate that the development of the Project will result in the need for a bridge over the Norfolk Southern Railway tracks (former Virginian Railroad mainline). The approximate area for such bridge is shown on Exhibit B. BRA anticipates that the development costs for the five buildings in the area under the Walnut Avenue Bridge will be approximately $15,000,000.00. The City and RRA anticipate that the City shall design the new bridge once RRA has started construction on the last of the five buildings in the area under the Walnut Avenue Bridge. The City and RRA anticipate that the City will begin constructing the new bridge or have construction begin upon RRA's commitment to a new development project on the Cycle Systems Property with a development cost of at least $15,000,000.00. Prior to completion of the bridge, RRA shall be responsible for the design and construction of the necessary streets and approaches to the bridge to make it accessible to the public, which items may be dedicated to the City, subject to the City's approval. 11 SECTION 9. PAYMENT OF EDA'c FEES. A. RRA promises and agrees it shall pay all reasonable fees, costs, and expenses of the FDA in connection with this matter, which includes the reasonable fees of the EDA's counsel, in an amount not to exceed a total of $5,000.00 for such counsel's work up to the date of this Agreement. Payment of such items shall not be made from any Grant funds. The FDA will submit statements to RRA for such items and RRA will pay such statements within 30 days after receipt. B. In the event any party brings a court action to enforce any provision of this Agreement or with respect to an alleged breach of this Agreement, other than the Dispute provisions of Section 20, the substantially prevailing party shall be entitled to an award of attorneys' fees and costs in an amount that is reasonable and appropriate given consideration to all of the circumstances. Any costs incurred by the FDA and not recovered from or paid by another entity and -associated with any mediation or litigation pursuant to Section 20 of this Agreement shall be reimbursed to the FDA by the City. SECTION 10. REPORTS TO THE EDA AND CITY. During the term of this Agreement, RRA agrees to report to and provide the FDA and the City on a semi - annual basis, on or before June 30 and December 31 of each year, sufficient information related to RRA's compliance with the conditions of this Agreement and to provide appropriate documentation to support such compliance. RRA also agrees to allow the City and /or its representative to inspect, audit, copy, or examine any of RRA's books, documents, or other relevant material in connection therewith upon written request by the FDA or the City. All such documents, information (including electronic data), or access shall be provided or made available within thirty (30) days of a written request from either the FDA or the City at no cost to the FDA or the City. 12 SECTION 11. COMPLIAN . WITH THE LAWS BRA agrees to comply with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, obtaining a City Business License, if applicable. SECTION 12. COOPE ATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. SECTION 13. SEVERABILITY. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend the remaining provisions of this Agreement be enforced to the fullest extent permitted by applicable law. SECTION 14. AUTHORITY TO SIGN. The persons who have executed this Agreement on behalf of the parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. SECTION IS. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION I - SUCCESSORS. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns. 13 SECTION 17. NONDISCRIMINATION. A. During the performance or term of this Agreement, RRA agrees as follows: L RRA shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of RRA. RRA agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. RRA in all solicitations or advertisements for employees placed by or on behalf of RRA shall state RRA is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 13. RRA shall include the provisions of the foregoing Section A (i, ii and iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. SECTION I - ASSIGNMENT. RRA agrees not to assign or transfer any part of this Agreement without the prior written consent of the City and the EDA, which shall not be unreasonably withheld, and any such assignment shall not relieve RRA from any of its obligations under this Agreement. RRA shall be allowed to assign or transfer rights under this Agreement for the purpose of furthering the development of the Project for financing purposes or for the development of specific portions of the Project, subject to providing the EDA and the City with 30 days written notice of any such assignment and the City's right to object within such 30 day 14 time period and withhold the City's consent which shall not be unreasonably withheld. Despite any assignment, the parties agree there shall be only one Grant Request and one Grant Recipient under this Agreement. Such Grant Request shall only be from RRA, unless otherwise agreed to by the City and the EDA. SECTION 19. RESPONSIBILITY OF THE PARTIES. The parties to this Agreement will be responsible for the actions, or omissions Of its officers, employees, and agents acting within the scope of their employment in connection with the Project, the Property, and the activities provided for in this Agreement to the extent permitted by law, but nothing contained herein shall be construed as a waiver of either the City's or the EDA's immunity defenses. SECTION 20. FORAM SELECTION MICE OF LAW AND DISPUTES. A. By virtue of entering into this Agreement, RRA agrees and submits itself to the jurisdiction of the Circuit Court of the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's choice of law provisions which shall not apply; and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. B. Prior to the initiation of any litigation, the parties agree to seek to resolve any and all claims, disputes, and other matters utilizing mediation in accordance with the dispute provisions provided in this Section. 1. If a dispute arises out of or relates to this Agreement, or a claimed breach of this Agreement, the parties agree first to try in good faith to resolve the dispute through negotiation among the parties and by nonbinding mediation. In the event of any such dispute, a party may give the other parties a written description of the dispute and the relief requested. The parties shall promptly attempt to resolve the dispute by negotiation involving senior managers. If the dispute is not promptly resolved by negotiation, is any party may demand in writing that all of the parties involved in the dispute participate in a formal mediation presided over by a third -party neutral mediator. If the parties cannot agree on a mediator, then McCammon Mediation Group, 6641 West Broad Street, Richmond, Virginia 23230, or its successor, shall have the power to select the mediator. The parties shall share in the cost of the mediation proceedings equally. 2. If mediation is unsuccessful, the parties shall be free to initiate litigation or take other appropriate action as they deem appropriate. However, no party shall initiate any litigation or action against any other party to this Agreement with respect to the performance or enforcement of this Agreement without first complying with the dispute resolution provisions of this section except for the sole and limited purpose of tolling a statute of limitations or similar laws that would otherwise impair a party's legal rights, or for enforcing this Dispute Section. SECTION 21. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the nondefaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Agreement by law. SECTION 22. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. 16 SECTION 23. EASEMENTS RRA promises and agrees to grant and dedicate to the City and /or the Western Virginia Water Authority all reasonably necessary easements on RRA's Property for the construction of infrastructure improvements needed for or benefiting the Project or surrounding areas, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to the City and /or the Western Virginia Water Authority. SECTION 24. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the City or the FDA in connection with the Project or this Agreement are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. SECTION 25. PERFORMANCE. If RRA fails to comply with any of the obligations of this Agreement, RRA shall not be entitled to be eligible for and /or receive and /or continue to be eligible for and /or receive any such Grants or Grant Funds as referred to above or in this Agreement. In the event the City or the FDA believe that RRA has failed to comply with any of the obligations of this Agreement, except as noted below, the City or the FDA shall give RRA written notice identifying how RRA is not in compliance, with reasonable specificity. RRA shall then have a 30 day period to reasonably cure the identified noncompliance issue. If the identified noncompliance issue cannot reasonably be cured within the 30 day period, RRA shall have an additional reasonable time to cure, not exceeding an additional 60 days, provided RRA acts diligently to accomplish the cure. Provided, however, notwithstanding anything set forth above or anything else in this Agreement, RRA shall comply with the provisions and requirements set forth in Sections 5(A), 5(B), and S(C), or RRA shall not be entitled to be eligible for and /or receive and /or continue to be eligible for and /or receive any such Grants or Grant Funds as referred to above or in this Agreement, and no notice to RRA of any such breach shall be required of the City or the FDA. 17 SECTION 26. ON TICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to City, to: City of Roanoke, Virginia Attn: City Manager Noel C.'raylor Municipal Building, Room 364 215 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540 -853 -1138 With a copy to: City of Roanoke, Virginia Attn: Economic Development Manager 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540- 853 -1213 If to EDA, to: Chair, Economic Development Authority of the City of Roanoke, Virginia c/o Roanoke City Department of Economic Development 117 Church Avenue S.W. Roanoke,VA 24011 Fax No. 540 -224 -8050 With a copy to: Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 37 Campbell Avenue, S.W. Roanoke, VA 24011 Fax No. 540- 224 -8050 18 If to RRA, to: Jason Vickers -Smith Roanoke River Associates, LLC c/o WVS Companies, LLC 211 Rocketts Way Richmond, VA 23231 (804) 222 -6778 (Fax) With a copy to: Gregory J. Haley, Esq. Gentry Locke Rakes & Moore, LLP 800 SunTrust Plaza 10 Franklin Road, S.E. Roanoke, VA 24011 Fax No. 540-983-9400 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Vireinia Code Section 2.2- 4343.1, be advised that the Citv does not discriminate against faith -based organizations. SECTION 28. FORCE MAIEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall RRA, the City or EDA be held liable for loss or damage, or be in breach of this Agreement, if and to the extent that such delay, failure, loss or damage is caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other causes, whether direct 19 or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Agreement any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of 9 months. Any party claiming a force majeure occurrence shall give the other parties written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of 9 months of delays or failure of performance of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 29. This Agreement, together with any exhibits, attachments, and referenced items, constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. (SIGNATURE PAGE TO FOLLOW) 20 IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their authorized representatives. WITNESS: I lww9.i. ._ C OF VIRGINIA "A ///G . CtteG(ia F. McCoy'-' Adm/nia;,4 m Assirfwof IV Christopher P. Morrill, City Manager Printed Name and Title (SEAL) WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY AN (KBE, V I Linda D. Frith, Secretary Charles E. Hunter, III, Chair WITNESS: Roanoke v Associates, LLC // By J�ickers- Smith, Chief Operating Officer Printed Name and Tine Approved as to Form: A,City Attorney Approved as to Form Counsel for EDA Approved as to Execution: -14 -12 A,City Attorney Approved as to Execution lf- -- Counsel for EDA Appropriation and funds required for this Agreement are subject to future appropriation. City Director of Finance g/1Ilz rJfl Date Acct# Authorized by Ordinance No. 39447 - 071612 21 U V a- L+ 2 afU co t000 Oz..„ C a _ z <Wr O"nz O „o N O O,Or . d <>z , OaWa a F U U r ¢Zr U ,w¢ Wh Npoo nz�„ - �o�a _ p o W0Y w <yz z o <Wa �vo E Exhibit C to Performance Agreement Among the City of Roanoke, Roanoke River Associates, LLC and the Economic Development Authority of the City of Roanoke, Virginia Grant Request Form This Grant Request is submitted pursuant to a certain Performance Agreement dated 2012, (the "Performance Agreement'), by and among the City of Roanoke, Virginia, Roanoke River Associates, LLC, ( "RRA "), and the Economic Development Authority of the City of Roanoke, Virginia, ( "EDA "). Terms defined herein shall have the same meanings ascribed to such terns in the Performance Agreement. The Performance Agreement provides that RRA shall perform and comply with certain obligations as set forth in the Performance Agreement in order to qualify to receive and to continue to receive an Economic Development Grant for each Grant Year as set forth in such Performance Agreement. Upon compliance with the provisions of the Performance Agreement, RRA may make a request to the FDA for an Economic Development Grant in accordance with the procedures set forth in the Performance Agreement and subject to the terms and limitations on the amount of such Grant as further set forth in the Performance Agreement. Furthermore, RRA must supply sufficient documentation as required by the Performance Agreement in order to document RRA' request and RRA' compliance with the Performance Agreement. Each Grant Year is to be considered separately for compliance with the requirements for a Grant Request. RRA warrants and represents that it has complied with all the terms and conditions of the Performance Agreement necessary for RRA to obtain Grant Funds from the EDA, including, but not limited to, the applicable provisions of Sections 5, 6, and 7 of the Performance Agreement. Attached to this Grant Request form is the information RRA represents as being sufficient to demonstrate that the City has been paid and has actually received the sum of $ from the applicable revenue sources referred to in the Performance Agreement from the Project for the prior Grant Year of July 1, , through June 30, _ Accordingly, RRA hereby requests from the FDA an Economic Development Grant, as provided for in the Performance Agreement, in the amount of $ , which is an amount that is allowed by the terms of such Performance Agreement and which is supported by the attached documentation as Attachment A to this Grant Request. This Grant Request is for Grant Year No. Amounts previously paid by the EDA to RRA in Economic Development Grants total $ . The total amount of Eligible Expenditures made by RRA through the end of Grant r No. Yea is $ . The amount of this Grant Request does not exceed the lesser of (a) the amount of Eligible Expenditures RRA has made for Grant Year No. (which may include Eligible Expenditures for prior Grant Years for which no Grant funds were paid) or (b) the amount of the Grant available for Grant Year No. _ . Since the total amount of all Grants that may be requested and /or provided for under the Performance Agreement, not including the Initial Grant, is $8,000,000.00 (US), the total remaining amount that RRA may request by future Grant Requests is $ The Performance Agreement provides a Grant Request may be requested for a maximum period of twelve consecutive years, which shall begin and include the first Grant Year starting on the July 1 immediately following the end of the 36 month period specified in Section 5(13) of the Performance Agreement. Therefore, since this is Grant Request No. for the Grant Year July 1, , through June 30, , there remain(s) consecutive years for which a Grant Request may be made by RRA provided RRA complies with the terms and provisions of the Performance Agreement. In the event of a conflict or difference between the terms of the Performance Agreement and those contained in this Grant Request form, the terms and provisions of the Performance Agreement shall control. RRA respectfully requests that the EDA process this Grant Request through the City and send copies to the City Manager and the City's Economic Development Administrator, in accordance with the provisions of the Performance Agreement. This Grant Request is dated WITNESS: Roanoke River Associates. LLC M Name and Title printed Name and Title Exhibit D to Performance Agreement dated 8-1y, 2012 Among the City. Roanoke River Associates and the EDA Examples for RRA Agreement Examole A SECTION 5. OBLIGATIONS OF RRA. R RRA shall be eligible for, and the EDA shall make, Grants up to a maximum amount of $8,000,000.00 based on Eligible Expenditures spent or caused to have been spent by RRA after RRA has spent or caused to have been spent the amount in Paragraph A above in Eligible Expenditures in the first 24 month period. However, any such Grants are subject to the terms of this Agreement and the following limits: 1. The amount of any Grant Request in a Grant Year cannot exceed the amount of Eligible Expenditures that have been made and have not yet been the basis for a Grant. This amount may include Eligible Expenditures made in prior Grant Years for which no Grant funds were paid. Example Language: By way of example only, if RBA has spent or caused to have been spent $750,000.00 in Eligible Expenses that have not yet been the basis for a Grant Request, and the City has received $1,000,000.00 in applicable tax revenue in the preceding Grant Year from the Property, then RRA can request a Grant amount equal to 75% of the $1,000,000.00 in such applicable revenue received by the City, which would allow BRA to make a $750,000.00 Grant Request for the applicable Grant Year. Provided, however, any Grant Request must still comply with the terms of the Agreement for the applicable Grant Year. Example B SECTION 5. OBLIGATIONS OF RRA. D. RRA shall be eligible for, and the EDA shall make, Grants up to a maximum amount of $8,000,000.00 based on Eligible Expenditures spent or caused to have been spent by RRA after RRA has spent or caused to have been spent the amount in Paragraph A above in Eligible Expenditures in the first 24 month period. However, any such Grants are subject to die terms of this Agreement and the tollowing limits: 2. The amount of any Grant Request in a Grant Year cannot exceed the amount available for a Grant based on an amount equal to 75% of the amount of applicable tax revenue the City actually received during the preceding Grant Year from the Property as provided for in Section 6(C) of this Agreement. However, any available Grant revenue funds not provided for in a Grant request shall not carry over to any other Grant Year. Example Language Byway of example only, if RRA has spent or caused to have been spent $1,000,000.00 in Eligible Expenditures that have not yet been the basis for a Grant Request or a Grant Payment, and the City has received $1,000,000 in applicable tax revenue in the preceding Grant Year from the Property, then BRA can request a Grant amount equal to 75% of the $1,000,000.00 in such applicable revenue received by the City, which would allow BRA to make only a 5750,000.00 Grant Request for the applicable Grant Year. In this example, the$250,000.00 in Eligible Expenditures that have not yet been the basis for a Grant Request shall carry over and shall continue to be available as Eligible Expenditures in later Grant Years. Provided, however, any Grant Request must still comply with the terms of the Agreement for the applicable Grant Year. Example C :3xe01101 I L W O 311 re"l l 1,117. BSl7 M 7177 D. BRA shall be eligible for, and the EDA shall make, Grants up to a maximum amount of $8,000,000.00 based on Eligible Expenditures spent or caused to have been spent by BRA after RRA has spent or caused to have been spent the amount in Paragraph A above in Eligible Expenditures in the first 24 month period. However, any such Grants are subject to the terms of this Agreement and the following limits: 2. The amount of any Grant Request in a Grant Year cannot exceed the amount available for a Grant based on an amount equal to 75% of the amount of applicable tax revenue the City actually received during the preceding Grant Year from the Property as provided for in Section 6(C) of this Agreement. However, any available Grant revenue funds not provided for in a Grant request shall not tarty over to any other Grant Year. Example Language: By way of example only, if RRA has spent or caused to have been spent $500,000.00 in Eligible Expenditures that have not yet been the basis for a Grant Request or a Grant Payment, and the City has received $1,000,000.00 in applicable tax revenue in the preceding Grant Year from the Property (based on the funding formula as stated above in Section 5(DR 1) and Section 6 of this Agreement), then because the funds eligible for a Grant Request exceed Eligible Expenditures, RRA would only be able to submit a Grant Request for $500,000.00. [Note: BRA would otherwise have been eligible to have made a Grant Request if BRA had spent or had caused to have been spent $750,000.00 in Eligible Expenditures, as provided for by the 75% funding formula in Section 5(D)(2).] In this example, the $250,000.00 in remaining eligible Grant revenue would not carry over to the next Grant Year as stated above in Section 5(D)(2) of this Agreement. Provided, however, any Grant Request must still comply with the terms of the Agreement for the applicable Grant Year. END OF EXAMPLES IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39507- 091712. A RESOLUTION authorizing the City Manager to execute the Workforce Investment Act (WIA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, and authorizing execution of any required documentation on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute the Workforce Investment Act (WIA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, which governs the role and responsibility of the City as the fiscal agent of WIA funding to Area 3 localities, for the term beginning July 1, 2012, and ending on June 30, 2013, with two additional automatic one year renewals, as more fully described in the City Council Agenda Report dated September 17, 2012. 2. Further, the City Manager is hereby authorized to execute and file, on behalf of the City, any documents in a form approved by the City Attorney. ATTEST: k rn .W�b� City Clerk. R- Authorize City Managerworkforre Investment Act T,& I Gram Award Ageement 9- 17 -12.da CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: City Manager Authorization for Workforce Investment Act Grant Award Agreement Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded WIA for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own; • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and • Businesses in need of employment and job training services. Attached is a Workforce Investment Act (WIA) Title 1 Grant Award Agreement (Agreement) between the Virginia Community College System and the City of Roanoke (Local Workforce Investment Area Grant Recipient) that must be executed prior to award of the WIA PY201 2 funding. The proposed Agreement outlines the roles and responsibilities of the City as the fiscal agent on behalf of Area 3 localities, and provides the framework for the acceptance and disposition of funds during the Agreement term. The Agreement is for a one year term beginning July 1, 2012 and ending on June 30, 2013, and provides for two additional automatic one year renewals. Therefore, the Agreement will terminate on June 30, 2015. Considerations: Program Operations - Existing activities will continue and planned programs will be implemented. The Agreement is similar in form and content to agreements which have been previously executed by the City as the grant recipient and fiscal agent of the WIA funds on behalf of those localities comprising Area 3. Funding - Funds are made available from the Grantor agency and other sources, at no additional cost to the City. Recommended Action: Authorize the City Manager to execute the Grant Award Agreement between the Virginia Community College System and the City of Roanoke on behalf of the Western Virginia Workforce Development Board; such Agreement to be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human /Social Services WORKFORCE INVESTMENT ACT (WIA) TITLE I GRANT AWARD AGREEMENT BETWEEN THE VIRGINIA COMMUNITY COLLEGE SYSTEM AND LOCAL WORKFORCE INVESTMENT AREA Western Virginia Workforce Development Board This Agreement is entered into by and between the Virginia Community College System (hereinafter referred to as the VCCS), and City of Roanoke, the Local Workforce Investment Area Grant Recipient (hereinafter referred to as LWIAGR) pursuant to the Chief Local Elected Officials Consortium Agreement, on behalf of the Western Virginia Local Workforce Investment Area (hereinafter referred to as LWIA). The Agreement applies to WIA Title I funds that are allotted by the VCCS to the LWIAGR for use by the LWIA. This Agreement is effective July 1, 2012 through June 30, 2013, with two automatic annual renewals unless otherwise notified, in accordance with Section II and supersedes all other agreements for WIA Title I funds allocated by the VCCS. SECTION I - PROGRAM PURPOSE Title I Workforce Investment System WIA Title I funds are allocated to the LWIA for the purpose of providing workforce investment activities, through workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the LWIA. . Adult and Dislocated Worker funds shall also be used by the LWIA to contribute proportionately to costs of the LW IA's one -stop delivery system described in Sections 121 and 134(c) of the WIA. WIA Adult and Dislocated Worker funds shall be used to pay for employment and training activities provided to adults and dislocated workers, respectively, in the LWIA, consistent with Section 134 of the WIA. Youth funds shall be used by the LWIA to provide services in accordance with Section 129(a) and Section 129(c) of the WIA. Adult and Dislocated Worker Employment and Training Activities Funding for Adult and Dislocated Worker employment and training activities shall be made in accordance with the Local Plan developed by the Western Virginia Local Workforce Investment Board (hereinafter referred to as LWIB) in partnership with the (Consortium of) Chief Local Elected Officials (hereinafter referred to as CLEOs) and submitted to the Governor. The Local Plan has been reviewed and approved in accordance with applicable provisions of the WIA. For and in consideration of the mutual covenants hereinafter set forth, the VCCS and the LWIAGR agree as follows: A. Adult Employment and Training Activities From funds made available to the Governor of Virginia pursuant to Section 132 of the WIA, funds shall be allotted to the LWIA in accordance with the provisions of Section 133(b)(1)(A) of the WIA. The funds will be made available through the issuance of a VCCS WIA Notice of Obligation (hereinafter referred to as NOO). In accordance with the approved Local Plan and Section 134(b) of the WIA, the LWIA will ensure the provision of local employment and training activities to prepare adults for participation in the labor force. B. Dislocated Worker Employment and Training Activities From funds made available to the Governor of Virginia pursuant to Section 132 of the WIA, funds shall be allotted to the LWIA in accordance with the provisions of Section 133(b)(1)(B) of the WIA. The funds will be made available through the issuance of a VCCS WIA NOD. In accordance with the approved Local Plan and Section 134(b) of the WIA, the LWIA will ensure the provision of local employment and training activities to prepare dislocated workers to return to the labor force. 2. Youth Employment and Training Activities From funds made available to the Governor of Virginia pursuant to Section 126 of the WIA, funds shall be allotted to the LWIA in accordance with the provisions of Section 128(b)(1) of the WIA. The funds will be made available through the issuance of a VCCS WIA NOD . In accordance with the Local Plan and Section 129 parts (a) and (c) of the WIA, the LWIA will ensure that a series of comprehensive youth services are available to serve eligible youth seeking assistance in achieving academic and employment success. SECTION II - SPECIAL TERMS Default on Terms of Agreement Should the agreement permitted by Section 117(c)(1)(B)(i) of the WIA, or any subsidiary agreement among and between the LWIB and the CLEOs be terminated, or there be a claim made of default thereon by any party to the agreement or any subsidiary agreement, then the LWIB Chair or CEO, as designated in Section 101 (6) of the WIA, shall give written notice of the particulars thereof to the Chancellor of the VCCS. In such event, the VCCS shall have the right to withhold further funding under this Agreement or terminate this Agreement upon such notice as may be reasonable under the circumstances, not in lieu of but in addition to any other remedy available under law if such action is deemed reasonably necessary by the VCCS to carry out its duty under the WIA and the laws of the Commonwealth of Virginia. 2. Termination for Cause If, through any cause, the LWIAGR fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the LWIAGR violates any of the covenants, agreements, or stipulations of this Agreement, the VCCS shall thereupon have the right to terminate this Agreement. In such event, the VCCS shall give written notice to the LWIAGR and the LWIB, specifying the effective date of termination. Written notice shall be given at least five (5) days before the effective date of termination. All finished or unfinished documents, data, studies, surveys, and reports prepared under this Agreement shall, at the option of the VCCS, become its property, and upon the exercise of such option shall be delivered by the LWIAGR to the VCCS. The LWIAGR and /or LWIB shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the LWIAGR shall not be relieved of liability to the Commonwealth of Virginia or the VCCS for damages sustained by the VCCS, which result from any breach of this Agreement by the LWIAGR or LWIB. The VCCS may withhold payments to the LWIAGR until the exact amount of damages due to the VCCS from the LWIAGR is determined, and thereafter until all amounts due have been paid. 3. Discretionary Termination The LWIAGR's performance under this Agreement may be terminated in whole or in part by the VCCS whenever the VCCS determines that such termination or suspension is in the best interest of the Commonwealth of Virginia. Termination of work hereunder shall be effected in writing by delivery to the LWIAGR of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated and the date upon which such termination becomes effective. Notice of termination may be served upon the LWIAGR and the surety by mail or any other electronic means. Delivery of the notice of termination shall be to any officer or management/supervisory employee of either the LWIAGR or the surety. If no such officer or employee is known or can be found by reasonable inquiry within three (3) business days, the written notice of termination can be posted at the last known address. Failure to accept or pick up registered or certified mail addressed to the last known address shall be deemed to be delivery. In no instances shall termination for convenience be effective less than ten (10) business days after the receipt of a certified notice thereof. After receipt of the Notice of Termination, the LWIAGR shall cancel outstanding commitments covering procurement or rental of materials, supplies, equipment, and miscellaneous items. In addition, the LWIAGR shall exercise all reasonable diligence to accomplish the cancellation of any outstanding commitments covering personal services that extend beyond the date of such termination to the extent that they relate to the performance of any work terminated by the notice of termination. With respect to such canceled commitments the LWIAGR agrees to: A. Ensure all commitments contain a cancellation clause allowing for termination for cause and fund availability; B. Settle all outstanding liabilities and all such claims arising out of such cancellation of commitments, or ratify all such settlements; and C. Assign to the VCCS in the matter, at the time and to the extent directed by the VCCS, all of the rights, titles and interest of the LWIAGR under the orders and contracts so terminated. The VCCS shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts. SECTION III - GENERAL TERMS AND CONDITIONS Availability of Funds This Agreement is made subject to the availability of WIA funds and the allocation thereof by the VCCS. The VCCS shall exert its best efforts to provide the LWIA with timely notice of changes in funding levels produced at the federal level or required by circumstances affecting state allocations. 2. Accountability for Funds A. The LWIAGR agrees to receive, administer, disburse and account for the said funds and such property as may be acquired therewith or otherwise be placed under its control in accordance with the terms of the WIA, direction of the United States Department of Labor (hereinafter referred to as USDOL), or direction of the VCCS. The LWIA agrees to perform the related duties imposed upon it by the WIA, by the regulations of the USDOL as the same may presently exist or hereafter be amended or enlarged and by duly authorized waivers approved by the USDOL during the period of this Agreement. In accordance with provisions of the WIA and attendant federal and state regulations, policy, and guidance, by receipt of said funds, the LWIAGR shall be held accountable and liable to the VCCS and USDOL for activities of the LWIB and its subreceipients. The source of any required repayment resulting from disallowance of cost determinations outlined in Section 8 below shall not be federal and /or state funds. B. All obligations and agreements herein of the LWIA shall be binding upon the LWIAGR, whether or not such obligation or agreement is enforceable against the LWIA. Any failure to comply with any such obligation or agreement shall be construed as a default or breach under this Agreement, and in such event the VCCS shall have all the rights and remedies herein described, notwithstanding that the LWIA may not be a party to this Agreement. 3. Interpretation of Legal Obligation Pursuant to the agreement between the U.S. Secretary of Labor and the Governor of Virginia, the VCCS reserves the right to interpret the requirements of the WIA and all implementing regulations consistent with the terms thereof that by this Agreement are applicable to the LWIA. Such interpretations shall be specifically identified as "WIA Interpretations or Policies" The parties shall apply and abide by the WIA and the policy interpretations issued by the VCCS, as well as all such federal interpretations issued during the term of this Agreement. The VCCS may review these or any subsequent WIA interpretation at its own discretion or upon the request of any interested party. 4. Performance Measures The performance of the LWIA hereunder shall be negotiated and agreed to by the LWIB, the CLEOs, and the Governor of Virginia, as described in Section 136(c) of the WIA. 5. Internal Organization The VCCS recognizes the right of the LWIA to make provision among and between the CLEOs, the LWIB, and LWIAGR, or fiscal agent, for the division of duties and avoidance of conflict of interest in performing tasks requisite for the proper performance of this Agreement, subject to the provisions of the WIA and attendant federal and state regulations. The LWIAGR agrees that it shall not, by act of commission or omission, do or fail to do any act that would hinder, frustrate, or delay the performance of this Agreement or any act or duty required hereby. 6. Nonassignability This Agreement shall not be assignable, in whole or part, by the LWIAGR without the prior written consent of the VCCS; provided, however, that contractors providing intensive services for adults or dislocated workers in accordance with Section 134(d)(3)(B)(ii) of the WIA, providers of training services in accordance with Section 134(d)(4)(G)(ii) of the WIA, and contractors providing youth activities under Section 123 of the WIA may be engaged by the LWIB to provide such services or activities to eligible WIA participants. In the exercise of the discretion afforded by this provision, the LWIA shall ensure that all purchases comply with federal and state procurement laws and requirements as may be applicable. Whenever the word "contractor" appears in the succeeding provisions of this Agreement, it shall mean such contractors as are permitted by the terms of this Paragraph 6. Any such contract shall be conditioned to secure the benefits of the succeeding provisions to the LWIA and the VCCS. Audit A. The LWIAGR shall procure an annual, organization -wide financial and compliance audit in accordance with the requirements of the Single Audit Act of 1984 and Office of Management and Budget (hereinafter referred to as OMB) Circular A -133. All funds covered by this Agreement and received by the LWIAGR on behalf of the LWIA shall be included in the scope of the LWIAGR's Single Audit. Accordingly, all funds received must be reflected in the LWIAGR's audit report whether or not the LWIAGR has appointed a fiscal agent to manage funds received on behalf of the LWIA. The scope of the audit need not include activities of state -level partner agencies subject to audit by the Virginia Auditor of Public Accounts (hereinafter referred to as Virginia APA). The LWIAGR shall ensure that one (1) copy of the OMB Circular A -133 audit report is submitted to the VCCS upon its completion. The VCCS and the APA will determine the acceptability of the audit report. The LWIAGR shall, immediately and in writing, notify the VCCS of possible acts of fraud, abuse, or illegal acts discovered during the performance of the audit. B. The LWIAGR shall provide the VCCS a written response, accompanied by appropriate supporting documentation, which addresses the disposition of all questioned costs and costs recommended for disallowance, related to funds covered by this Agreement. The LWIAGR shall provide an explanation of any corrective actions taken or a plan for future corrective action to address administrative findings in the audit. Documentation to verify that corrective action has been taken or a timetable for the completion of the corrective action shall be included with the explanation. The VCCS shall determine the adequacy of the action taken to resolve the findings. The VCCS may request additional action on any finding considered not fully resolved, and the LWIAGR shall submit the necessary documentation to fully resolve the finding. A determination will be issued based on an evaluation of the corrective action plan. The determination will: List any costs which have been determined unallowable; and ii. As necessary, establish a liability for any disallowed costs and designate a date by which repayment must be made. C. The VCCS reserves the right to audit, or to require the audit of any or all of the activities and transactions of the LWIA, as the need is determined. The costs of additional audits shall be borne by the VCCS, provided the LWIAGR has been audited in accordance with Paragraph A, above. B. Disallowed Cost The LWIAGR shall give the VCCS timely written notification of the possibility of disallowed costs incurred in its administration of this Agreement or by its one -stop operators or contractors. In appropriate cases, the VCCS shall petition the U.S. Secretary of Labor to: Forgive those costs, if possible; if not, Accept repayment of those costs in other than cash reimbursement. Neither the VCCS nor the LWIAGR, however, shall construe anything in this provision to limit or preclude the pursuit of remedies, either legal or administrative. In the event that repayment is required, the LWIA shall use prompt and efficient debt collection procedures to obtain cash repayment of disallowed costs. The LWIAGR shall not forego debt collection procedures without the express written approval of the VCCS. Any required repayment shall not be by or from federal funds and /or state funds. 9. Cost Liability Neither the Governor of Virginia nor the VCCS assumes liability by virtue of this Agreement for any costs incurred above the amounts provided pursuant to this Agreement or for costs incurred by the LWIA or its one -stop operators or contractors that are determined to be unallowable. Any such costs shall be at the sole risk of the LWIA or its contractors. The foregoing provisions of this Paragraph are not intended to preclude and shall not be deemed to preclude the LWIA or its contractors from asserting any defense that may be asserted hereafter. 10. Notification of Claims The LWIAGR shall give the VCCS prompt written notice of any claim, action or suit, of which it becomes aware, filed against the LWIA or any of its contractors concerning or affecting the performance of this Agreement or any contract made here under. 11. Right of Access The VCCS, the U.S. Secretary of Labor, the Comptroller General of the United States, or any of their representatives, which include the Virginia APA and the Department of the State Internal Auditor, shall have access to work and training sites and to any books, documents, papers, and records (including computer records) of the LWIA and its contractors that are directly pertinent to this Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the LWIA and its contractor's personnel for the purpose of interviews and discussions related to such documents. The right of access is not limited to the required retention period but shall last as long as the records are retained. 12. Modification No waiver or modification of the terms of this Agreement, including, without limitation, this provision, shall be valid unless in writing and duly executed by the parties to be bound thereby. 13. Sanctions The VCCS reserves the right to apply any lesser sanction not proscribed by law or seek any lawful remedy available to it as it may deem requisite to obtain proper performance under this Agreement, to carry out the requirements of the WIA and federal and state regulations made pursuant thereto, and to maintain the integrity of programs funded through this Agreement. Unless an emergency exists, the VCCS shall not act to impose a sanction except upon reasonable notice and after the LWIA has opportunity for review in accordance with procedures mandated by the WIA. A sanction imposed in an emergency shall be subject to subsequent review. 14. Inventions The LWIA may retain the entire right, title, and interest to each invention subject to 35 U.S.C. § 203 that was created or developed under this Agreement with funds from this Agreement. With respect to any invention in which the LWIA retains title, the VCCS shall have a nonexclusive, nontransferable, irrevocable, paid -up license to practice or have practiced the subject invention. 15. Data Ownership The VCCS and the USDOL shall have unlimited rights to any data first produced or delivered under this Agreement. 16. Public Announcements When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with WIA funds, the LWIA and all its service providers receiving funds pursuant to this Agreement shall clearly identify: A. The percentage of the total costs of the program or project that will be financed with WIA funds, The dollar amount of WIA funds for the project or activity; and, C. The percentage and dollar amount of the total cost of the project or activity that will be financed by non - Federal sources. 17. Force Majeure Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed resulting, directly or indirectly, from acts of God, war, government regulation, disaster, civil unrest, fires, explosions, earthquakes, floods, or any other cause beyond its reasonable control. SECTION IV - ASSURANCES AND CERTIFICATIONS 1. Compliance with Applicable Laws, Regulations, and Directives A. The LWIAGR shall abide by and shall ensure that all activities conducted pursuant to this Agreement comply with all applicable federal, state, and local laws, regulations, and directives. The LWIAGR also understands and agrees to immediately desist from and correct any violations noted. B. The LWIAGR must assure compliance, as appropriate, with the provisions of Section 89 of the Internal Revenue Code. C. The LWIAGR shall comply with the WIA and attendant regulations. The LWIAGR further certifies that it has no commitments or obligations that are inconsistent with compliance with these and any other pertinent federal regulations and policies, and that any other agency, organization, or party which participates in the implementation of the programs funded pursuant to this Agreement shall have no such commitments or obligations. D. The LWIAGR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), all requirements imposed by the applicable USDOL regulations (29 C.F.R.§ 32) and all guidelines and interpretations issued pursuant thereto. E. The LWIAGR shall comply with Titles VI, VII, and IX of the Civil Rights Act of 1964 (P.L. 88 -352) and the regulations issued pursuant thereto. The LWIAGR shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin unless it is a bona fide occupational qualification reasonably necessary to the normal operation of the LWIA. The LWIAGR agrees to put in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. F. The LWIA shall conform to the Virginia Freedom of Information Act, §§ 2.2 -3700 et seq. of the Code of Virginia, except as otherwise required by federal or state law, consistent with federal confidentiality requirements and with the Government Data Collection and Dissemination Practices Act, §§ 2.2 -3800 et seq. of the Code of Virginia. G. The LWIA shall conform to the standards contained in the Occupational Safety and Health Standards for General Industry (29 C.F.R. §1910) .inclusive of the "Virginia Preface to OSHA Standards Book for General Industry". H. The LWIAGR shall conform to relevant procedures, guidelines, and directives created by the Virginia Workforce Council as provided in §§ 2.2- 2669 et seq. of the Code of Virginia. I. The LWIA shall conform to the Virginia Child Labor Laws, §§ 40.1 -78 at seq. of the Code of Virginia. J. The LWIA shall conform to the Virginia Workers' Compensation Act, §§ 65.2 et seq. of the Code of Virginia. K. The provisions of the following Acts, applicable regulations made pursuant to said Acts, and other listed directives are hereby incorporated by reference. All changes to said Acts, regulations, and directives are automatically incorporated into this Agreement. i. Title I of the WIA (P.L. 105 -220); ii. WIA Final Rules, 20 C.F.R. § 652, including subsequent revisions or amendments; iii. Duly authorized waivers approved by the USDOL; 10 iv. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -332); OMB Circulars A -87, A -122, and A -133; vi. USDOL administrative regulations, at 41 C.F.R. §§ 29 -70 (property management - private), 29 C.F.R. §§ 93 -94 (lobbying restrictions and drug -free workplace), and 29 C.F. R. §§ 96 -98 (audits, uniform administrative requirements and debarment and suspension); vii. Equal Employment Opportunity Directives; viii. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of persons displaced or whose property is acquired for project purposes of Federal or federally assisted programs, regardless of Federal participation in purchases; ix. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex; X. The Age Discrimination Act of 1975, as amended; A. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; and xii. The Americans with Disabilities Act of 1990. 2. Governing Law, Jurisdiction, and Venue Commonwealth of Virginia Law shall govern, except where federal law is applicable. Jurisdiction shall be in the courts of the Commonwealth of Virginia, and venue shall be the Circuit Court of the City of Richmond. 3. Certifications A. The following certifications are incorporated by reference and are a part of this Agreement: Certification Regarding Lobbying (29 C.F.R. § 93); ii. Drug -free Workplace Requirements Certification (29 C.F.R. § 98); and, iii. Nondiscrimination and Equal Opportunity Assurance (29 C.F.R. § 37). The LWIA shall incorporate these certifications into any contracts developed to implement programs pursuant to this Agreement. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized representatives: VCCS M Dr. Glenn DuBois Chancellor LWIAGR City of Roanoke M Title: 12 The Honorable Bob McDonnell, Governor The Honorable John Edwards, Senator Office of the Governor 10 E. Franklin Road S. E., Suite 510 Patrick Henry Building, 3rd Floor Roanoke, Virginia 24011 1111 East Broad Street Richmond, Virginia 23219 The Honorable Chris Head, Delegate The Honorable Onzlee Ware, Delegate P.O. Box 19130 325 North Jefferson Street Roanoke, Virginia 24019 Roanoke, Virginia 24016 Dear Gov. McDonnell and Members of the General Assembly: I am attaching a certified true Copy of Resolution No. 39508 - 091712 requesting the support of the Governor and Members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate same in the FY 2014 state budget, effective upon its passage. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012. Sincerely, 'j�yy�,'`'�'`'� Stephanie Moo n, ,MMC 1 City Clerk Attachment pc: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver. Director of Finance CITY OF ROANOKE �a«r OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 '-` Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: clerk&oanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. W EBB Assistant Deputy City Clerk September 18, 2012 The Honorable Bob McDonnell, Governor The Honorable John Edwards, Senator Office of the Governor 10 E. Franklin Road S. E., Suite 510 Patrick Henry Building, 3rd Floor Roanoke, Virginia 24011 1111 East Broad Street Richmond, Virginia 23219 The Honorable Chris Head, Delegate The Honorable Onzlee Ware, Delegate P.O. Box 19130 325 North Jefferson Street Roanoke, Virginia 24019 Roanoke, Virginia 24016 Dear Gov. McDonnell and Members of the General Assembly: I am attaching a certified true Copy of Resolution No. 39508 - 091712 requesting the support of the Governor and Members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate same in the FY 2014 state budget, effective upon its passage. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012. Sincerely, 'j�yy�,'`'�'`'� Stephanie Moo n, ,MMC 1 City Clerk Attachment pc: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver. Director of Finance 6_�6 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 17th day of SepUmber, 2012. No. 39508 -091712. A RESOLUTION requesting the support of the Governor and members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate same in the FY 2014 state budget. WHEREAS, state financial assistance for mandated and high priority programs, including public education, health and human services, public safety and constitutional officers, was $800 million less in FY12 than in FY09 and almost $500 million less in FYI than in FY09; WHEREAS, cities and counties must balance their budgets during a time in which future state assistance is unreliable, federal stimulus dollars are depleted, and real estate assessments are either stagnant or in decline; WHEREAS, the Appropriation Act contains $50 million in across - the -board cuts to cities and counties for FYI and $45 million in FYI 4, under which localities are required to either elect to take reductions in particular state aid programs, or to send the State a check for the amounts determined by the Department of Planning and Budget. ( "Local Aid to the Commonwealth "); WHEREAS, the reductions are applied to essential services, including law enforcement, jail administration, foster care and child protection services, election administration and social services; WHEREAS, the City of Roanoke does not have the authority to unilaterally decide to discontinue providing services such as election administration or to refuse to house and care for state prisoners in local and regional jails; WHEREAS, the state budget cuts are not accompanied by any reductions in state - imposed mandates, standards and service requirements, nor do they provide any administrative flexibility for local agencies; WHEREAS, the City of Roanoke remitted $1,403,033 in FY12 and will be required to remit another $1,129,794 in FYI 3; WHEREAS, cities and counties will have provided the state with $270 million by the close of FY13 for this "Local Aid to the Commonwealth" program; WHEREAS, these reductions shift state costs to local taxpayers and artificially increases the amount of state surplus revenue; WHEREAS, state revenues have continued to recover and the state has experienced a budget surplus for the third consecutive year; WHEREAS, revenue collections for the City of Roanoke continue to reflect the struggling housing market; and WHEREAS, the state should not shift its share of the costs for mandates and responsibilities to local governments; NOW THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke that: 1. Roanoke City Council asks Governor Bob McDonnell to submit a budget amendment to the 2013 session of the General Assembly to reverse the $50 million -a -year reduction for the current year, FYI 3, and to eliminate the aid to localities reduction in FY14. 2. Roanoke City Council asks Members of the General Assembly support a budget amendment to the 2013 session of the General Assembly to reverse the $50 million -a -year reduction for the current year, FYI 3, and to eliminate the aid to localities reduction in the budget for FY14, all as more fully set out in the Report of the City Manger to Council dated September 17, 2012. ATTEST: City Clerk. K NenuraTocal Aid Elemioaa Same 2012 doe A CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Resolution to Request Restoration of Funding to Localities Background: During the 2008 Session of the General Assembly, one of the strategies utilized to balance the budget for the Commonwealth of Virginia was the implementation of State Reductions in Aid to Localities which totaled $50 million. The reduction was increased to $60 million during the 2010 General Assembly and decreased to $50 million for FY 2013 and $45 million for FY 2014 during the 2012 General Assembly. The State based the reductions on the level of funding that is provided to localities for various offices and programs. The office and programs that impact the City of Roanoke include: • Registrar /Electoral Board • Sheriff /jail • Commissioner of the Revenue • Commonwealth Attorney • Treasurer • Library Aid • Rolling Stock Tax • Recordation Tax • Social Service - Comprehensive Services Act • House Bill 599 - Local Law Enforcement • juvenile Detention Center Considerations: The Commonwealth of Virginia Department of Planning and Budget, as it has since the inception of the reductions, outlines three methods, one of which may be selected to manage the reduction in the flow of revenue from the State to each locality. They are: Reduce direct revenue for each program based on the State calculated reduction for each program; or Reimburse the state for the revenue reduction; or Use a combination of direct program revenue reductions and reimbursement payment. The City of Roanoke uses the reimbursement method and reimburses the State for the revenue reduction. Since FY 2009, the City has returned approximately $5.0 million, with approximately $1.1 million budgeted to be returned to the Commonwealth in FY 2013. Operationally, the City has reduced expenditure budgets accordingly to accommodate the required reductions. In light of these reductions combined with the economic downturn, we have experienced significant reductions in City operations. The Virginia Municipal League has asked that each locality's governing body adopt a resolution asking the Governor and members of the General Assembly to support the reversal of the $50 million annual reduction for FY 2013 and eliminate the Aid to Localities reduction in the budget FY 2014. Recommended Action: Adopt the attached resolution requesting the support of the Governor and members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate the same in the FY 2014 state budget. ))- topher P. Morrill City Manager Distribution: Council Appointed Officers Delegate Bill Cleveland, 21" District, Virginia House of Delegates Delegate Onzlee Ware, 11" District, Virginia House of Delegates Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Management and Budget os CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 rs: Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT STEPHANIE M. MOON, MMC Deputy City Clerk City Clerk CE T. WEBS Assistant nt Deputy CITY Clerk September 20, 2012 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39509- 091712 to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012 -2013 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012, and is in full force and effect upon its passage. Sincerely, ' ^— Stepllh'a"n`i"e�I__M..""Moon, MMC City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of septeuber, 2012. No. 39509- 091712. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Teachers 302 -110- 1102 - 0230 -160G- 61100 - 41121 -3 -05 $ 39,360 Program Coordinator /Site Manager 302 -110- 1102 - 0230 -160G -61100 -01124 -3 -05 21,520 Activity Assistants 302 -110- 1102- 0230 -160G- 61100 -01141 -3 -05 36,000 Retiree Health 302 - 110 -1102- 0230 -160G- 61100- 42200 -3 -05 16 Social Security 302- 110 - 1102- 0230 -160G- 61100- 42201 -3 -05 6,999 VRS 302 -110- 1102 - 0230 -160G- 61100- 42202 -3 -05 162 Medical /Dental 302- 110 - 1102- 0230 -160G- 61100 - 42204 -3 -05 854 Group Life 302 -110- 1102- 0230 -160G- 61100 - 42205 -3 -05 8 Contracted Services 302 -110 -1102- 0230 -160G- 61100- 43313 -3 -05 49,960 Travel - Mileage 302 - 110 - 1102 - 0230 -160G- 61100- 45551 -3 -05 492 Travel- Fares 302 - 110 -1102- 0230- 160G- 6110OA5552 -3 -05 750 Travel- Meals & Lodging 302 -110- 1102 - 0230 -160G- 61100 - 45553 -3-05 2,236 Pupil Transportation 302 -110 -1102- 0230 -160G- 63200- 43343 -3 -05 25,000 Supplies 302 - 110 -1102- 0230 -160G- 61100- 46614 -3 -05 16,500 Teachers 302 -110- 1102- 0420 -141 G- 6110041121 -3 -05 32,832 Program Coordinator 302 -110- 1102- 0420 -141 G- 61100 -41124 -3-05 24,240 Activity Assistant 302 - 110 -1102- 0420 -141 G- 61100- 41141 -3 -05 46,750 Retiree Health 302 -110- 1102- 0420 -141 G- 61100 - 42200 -3 -05 16 Social Security 302- 110 - 1102- 0420 -141 G- 61100- 42201 -3 -05 7,544 VRS 302 -110- 1102- 0420 -141 G- 61100 -02202 -3 -05 162 Medical /Dental 302 -110- 1102 - 0420 -141 G- 61100 - 42204 -3 -05 854 Group Life 302 -110- 1102 - 0420 -141 G- 61100- 42205 -3 -05 8 Contracted Services 302- 110 -1102- 0420 -141 G- 61100- 43313 -3 -05 42,918 Travel- Mileage 302 - 110 -1102- 0420 -141 G- 61100- 45551 -3 -05 492 Travel - Fares 302- 110 -1102- 0420 -141 661100- 45552 -3 -05 750 Travel- Meals & Lodging 302 -110- 1102 - 0420 -141 G- 61100 - 45553 -3 -05 2,236 Pupil Transportation 302- 110 -1102- 0420 -141 G- 63200 - 43343 -3 -05 25,000 Supplies 302 -110- 1102 - 0420 -141 G- 61100 - 46614 -3 -05 16,000 Teachers 302 - 110- 1102 - 0430 -127G- 61100 - 41121 -2 -05 32,832 Program Coordinator 302 -110- 1102- 0430 -127G- 61100 - 41124 -2 -05 24,240 Activity Assistant 302- 110 -1102- 0430 -127G- 61100- 41141 -2 -05 46,750 Retiree Health 302- 1101102- 0430 -127G- 61100- 42200 -2 -05 16 Social Security 302 - 110 - 1102 - 0430 -127G- 61100- 42201 -2 -05 7,545 VRS 302 -110 -1102- 0430 -127G- 61100- 42202 -2 -05 162 Medical/Dental 302 -110- 1102 - 0430 -127G- 61100 - 42204 -2 -05 854 Group Life 302 - 110 -1102- 0430 -127G- 61100 - 42205 -2 -05 8 Contracted Services 302 -110- 1102 - 0430 -127G- 61100- 43313 -2 -05 44,408 Travel- Mileage 302 -110- 1102- 0430 -127G- 61100- 45551 -2 -05 492 Travel- Fares 302 - 110 -1102- 0430 -127G- 61100- 45552 -2 -05 750 Travel - Meals & Lodging 302 -110- 1102 - 0430 -127G- 61100 -05553 -2 -05 2,236 Pupil Transportation 302 - 110 - 1102 - 0430 -127G- 63200-43343 -2 -05 25,000 Supplies 302- 110 - 1102 - 0430 -127G- 61100 - 46614 -2 -05 14,500 Teachers 302 -110 - 1102 - 0110 -126G- 61100- 41121 -2 -05 32,832 Program Coordinator 302 -110- 1102- 0110 -1266- 61100- 41124 -2 -05 24,240 Activity Assistant 302 - 110 - 1102- 0110 -126G- 61100- 41141 -2 -05 46,750 Retiree Health 302- 110 -1102- 0110 -126G- 61100 - 42200 -2 -05 16 Social Security 302 - 110 -1102- 0110 -126G- 61100- 42201 -2 -05 7,545 VRS 302- 110 -1102- 0110 -126G- 61100 - 42202 -2 -05 162 Medical /Dental 302 -110- 1102- 0110 -126G- 61100-02204 -2 -05 854 Group Life 302 - 110 - 1102 - 0110 -126G- 61100- 42205 -2 -05 8 Contracted Services 302- 110 -1102- 0110 -126G- 61100. 43313 -2 -05 44,408 Travel- Mileage 302 -110- 1102 - 0110 -126G- 61100- 45551 -2 -05 492 Travel- Fares 302 - 110- 1102 - 0110 -126G- 61100- 45552 -2 -05 750 Travel - Meals & Lodging 302 -110- 1102- 0110 -126G- 61100-45553 -2 -05 2,236 Pupil Transportation 302 - 110 - 1102 - 0110 -126G- 63200- 43343 -2 -05 25,000 Supplies 302 - 110 -1102- 0110 -126G- 61100- 466142 -05 14,500 Teachers 302 -110- 1102- 0350 -142G- 61100- 41121 -2 -05 32,832 Program Coordinator /Site Manager 302- 110 - 1102 - 0350 -142G- 61100- 411242 -05 24,240 Activity Assistants 302- 110 -1102- 0350 -142G- 61100-01141 -2 -05 46,750 Retiree Health 302 -110 -1102- 0350 -142G- 61100- 42200 -2 -05 16 Social Security 302 -110- 1102- 0350 -142G- 61100- 42201 -2 -05 7,545 VRS 302- 110 -1102- 0350 -142G- 61100-42202 -2 -05 162 Medical /Dental 302 - 110 -1102- 0350 -142G- 61100- 42204 -2 -05 854 Group Life 302- 110 - 1102 - 0350 -142G- 61100- 42205 -2 -05 8 Contracted Services 302 -110- 1102- 0350 -142G- 61100- 43313 -2 -05 42,918 Travel- Mileage 302 - 110- 1102- 0350 -142G -0110045551 -2 -05 492 Travel- Fares 302 -110 -1102- 0350 -142G- 61100- 45552 -2 -05 750 Travel - Meals & Lodging 302 - 110 -1102- 0350 -142G- 61100- 45553 -2 -05 2,236 Pupil Transportation 302- 110 -1102- 0350 -142G- 63200- 43343 -3 -05 25,000 302 - 110 -1102- 0350 -142G- 61100466143 -05 16,000 Supplies Incentive Payments 302- 110- 0000- 0390 -370G- 61100 - 41129 -3 -01 160,000 Social Security 302 -110- 0000 - 0390 -370G- 61100 - 42201 -3 -01 12,240 Food Services Personnel 302- 320 - 0000 - 0420 -168G- 6510041182 -2 -00 6,503 Social Security 302- 320- 0000 - 0420 -168G- 65100- 42201 -2 -00 497 302- 320 - 0000 - 0420 -168G- 65100- 46602 -2 -00 10,217 Food Food Service Supplies & Equipment 302- 320- 0000- 0420 -168G- 6510046603 -2 -00 1,300 Food Services Personnel 302 - 320 -0000- 0050 -168G- 65100- 41182 -2 -00 6,503 302- 320 - 0000 - 0050 -168G- 65100- 42201 -2 -00 497 Social Security 302 - 320- 0000 - 0050 -168G- 6510046602 -2 -00 30,431 Food Food Service Supplies & Equipment 302- 320 -0000- 0050 -168G- 65100- 46603 -2 -00 1,365 Educational Materials 8 Supplies 302 - 110 -1315- 0230 -735G- 6110046614 -3 -01 4,000 Educational Materials & Supplies 302 -110- 1307 - 1000 -732G- 61100 - 46614 -2 -01 2,500 Revenues Federal Grant Receipts 302 - 000 -0000- 0000 -160G- 00000 - 38287 -0 -00 199,857 Federal Grant Receipts 302- 000 - 0000 - 0000 -141 G- 00000- 38287 -0 -00 199,802 Federal Grant Receipts 302 - 000- 0000 - 0000 -127G- 00000- 38287 -0 -00 199,793 Federal Grant Receipts 302 -000- 0000 - 0000 -126G- 00000- 38287 -0 -00 199,793 Federal Grant Receipts 302- 000- 0000- 0000 -1426- 00000- 38287 -0 -00 199,803 Stale Grant Receipts 302 - 000 - 0000- 0000 -315G- 00000- 32349 -0 -00 172,240 Federal Grant Receipts 302 -000- 0000 - 0000 -168G- 00000- 38555-0 -00 57,313 Private Foundation Grant Receipts 302 - 000 - 0000 - 0230 -735G- 00000- 33808 -0 -00 4,000 Private Foundation Grant Receipts 302- 000 -0000- 0000 -732G- 00000 - 33808 -0 -00 2,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with A" t yy_� City Clerk. September 17, 2012 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, September 11, 2012, the Board respectfully requests City Council approve the following appropriation requests: Appropriation Total Award Virginia Pay for Performance Incentive Initiative $172,240 2012 -13 Fresh Fruit and Vegetable Program 2012 -13 57,313 Jackson Community Learning Center 2012 -13 199,857 Hurt Park Community Learning Center 2012 -13 199,802 Round Hill Community Learning Center 2012 -13 199,793 Highland Park Community Learning Center 199,793 2012 -13 Westside Community Learning Center 2012 -13 199,803 Dollar General Literacy Foundation Grant 2012 -13 2,500 Captain Planet Foundation Grant 2012 -13 The School Board is appreciative of your approval of the appropriation requests as submitted. Sincerely, Cindy H)Poulton, Clerk pc: Timothy Spencer Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w /details) p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info L; R_OA_NOKWE CITY PUBLIC SCHOOLS School Board David B. Carson Chairman Todd A. Putney Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Lori E. Vaught Richard Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board rv[,li �~�yJ COUNCIL CITY AGENDA .•. r � •1� To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: School Board Appropriation Request Background: As the result of official School Board action at its September 11ng meeting, the as outlined Board respectfully requested that City Council appropriate this report The Title W -B Community Learning Center (CLC) grant was awarded to the schools listed below. The grant addresses the critical attendance, academic and parental involvement needs of the school in a safe, supervised, and nurturing environment. The CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2014. This is a continuing program. Jackson Community Learning Center 2012 -13 $199,857 199,802 Hurt Park Community Learning Center 2012-13 Round Hill Community Learning Center 2012-13 199,793 Highland Park Community Learning Center 2012-13 199,793 Westside Community Learning Center 2012 -13 199,803 Total CLC Grant Awards _$9R9 0$ The Virginia Pay for Performance Incentive Initiative program grant of $172,240 assists school divisions in piloting performance -based pay structures in hard -to- staff schools. This award funds incentive payments for instructional staff at Patrick Henry High School, to be determined in accordance with the performance standards and evaluation criteria approved by the Board of Education. The program will be fully reimbursed by the state funds and will end November 9, 2012. This is a new program. Hurt Park and Fallon Park Elementary Schools have been accepted as participants in the US Department of Agriculture Fresh Fruit and Vegetable Program grant. This grant of $57,313 provides funding to assist schools in providing a fresh fruit or vegetable snack at least three times per week. The program is intended Mayor and Members of City Council September 17, 2012 Page 2 to create healthier school environments by providing healthier food choices, expand the variety of fresh fruits and vegetables students experience while increasing consumption, and make adifference in students' diets to impacttheir present and future health. This program will be fully reimbursed by federal funds and will end June 30, 2013. This is a new program. The Dollar General Literacy Foundation Grant of $4,000 has been awarded to Jackson Middle School to support the Rising English Achievement Daily (READ) program. This program will provide extended day services to English Language Learners in 611 through 8th grades with the goal of increasing students' English fluency and proficiency to enable students to become academically successful. This program will be fully funded by private funds. This is a new program. The Captain Planet Foundation grant of $2,500 will support the purchase of worm farms for elementary and middle schools science lessons. The worm farms will be used to teach students about the importance of composting and the decomposition process. The program will be fully funded by private funds and will end May 31, 2013. This is a new program. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. US , ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)953 -2541 Fax: (540)853 -1145 E -mail: elerk@roanoWva.gov September 20, 2012 JONATHAN E CRAFT Deputy City Clerk CECELIAT- WEBB Aesislen[ Deputy City Clerk The Reverend Carl T. Tinsley, Chairman Laverne Shepherd Electoral Board General Registrar Roanoke, Virginia Roanoke, Virginia Dear Reverend Tinsley and Ms. Shepherd: Your communication dated September 14, 2012, addressed to the City Clerk regarding citizen input to the proposed precinct realignment Stop -In Sessions; and furthermore, recommending that the proposed plan be approved, was before the Council of the City of Roanoke at its regular meeting held on Monday, September 17, 2012. On motion, duly seconded and unanimously adopted, the Council instructed the City Clerk to schedule a public hearing on Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive additional citizen input regarding the proposed precinct realignments. (,Siin'ccer�elly� Stephanie M. Moon, M C City Clerk PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance GENERAL REGISTRAR Lavern G. Shepherd, Registrar 215 Church Avenue, SW, 1 Room tog Rm Roanoke. Virginia zGOu ROANOKE 1.1si2281 fax: 54c 853 tnag Date: September 149 2012 To: Ms. Stephanie Moon, City Clerk From: Carl T. Tinsley, Chairman, Electoral Board, City of Roanoke F. Gordon Hancock, Vice - Chairman, Electoral Board, City of Roanoke Melvin Williams, Secretary, Electoral Board, City of Roanoke Lavern Shepherd, General Registrar, City of Roanoke Subject: Report Regarding Proposed Precinct Realignment Dear Ms. Moon: Please find enclosed eight (8) communications for you and all Members of City Council for review regarding the Electoral Board and Registrar's report for subject matter. The Electoral Board has directed communications be submitted to you to ensure that each Member of Council will receive communication for disposition. Should you have any questions, please do not hesitate contacting me. R-yessWp�ectfullllly,, ✓Lave nnepher"d General Registrar City of Roanoke P r W, r+ RUr't tip �D ELECTORAL BOARD 215 Church Avenue, SW, Room cog Roanoke, Virginia zGou DO Box io95 ROANOKE Roanoke ' Virginia 24005 540 853.2281 fax: 540-853 1025 September 14, 2012 Ms. Stephanie Moon, City Clerk Noel C. Taylor Municipal Building 215 Church Ave., SW, Suite 456 Roanoke, Virginia 24011 Dear Ms. Moon: CARL T. TINSLEY, SR. chairman F. GORDON HANCOCK Vice Chairman MELVIN E. WILLIAMS So,o ,, The City of Roanoke Electoral Board, consisting of Secretary Melvin E. Williams, Chairman Carl T. Tinsley, Sr. and Vice - Chairman F. Gordon Hancock, and Registrar Lavern Shepherd are pleased to present to the Honorable Members of City Council our report regarding the Proposed Precinct Realignment Stop -In Sessions held by the Board and Registrar at Council's request. Also involved with this project were Tom Carr, Chris Chittum and other staff with the Department of Planning, and GIS Analyst Kennie Harris from the Department of Technology. These persons were very valuable and instrumental in brainstorming, planning and implementing the sessions. On August 2, 2012, Melinda Mayo, City of Roanoke Public Information Officer issued a press release announcing the five (5) Stop -In Sessions for all interested individuals and community groups. The sessions were scheduled in multiple locations to cover all quadrants within the City. Announcement of the sessions was aired by local television and radio stations. Additional efforts to notify citizens and interested groups were also undertaken. Mr. Robert Clement, Neighborhood Services Coordinator with the Department of Neighborhood Support of Neighborhoods for the City, assisted in sending mass email notification to neighborhood groups. Notifications were sent to the Mayor's Committee for Disabilities and to Blue Ridge Independent Living. Notification was sent to Brenda Hale, President of the local chapter of the NAACP, and to Bishop Edward Mitchell President of the local SCLC. Also, on August 11, 2012, Registrar Shepherd appeared on WTOY radio, by request, to speak regarding the proposed precinct realignment where she fielded telephone calls from listeners. Sessions were held from 4:00 pm until 6.00 pm on the following dates and at the following places: Thursday, August 9, 2012, Monday, August 13, 2012 Jackson Park Branch Library Preston Park Recreation Center 1101 Morningside Street, SE 3137 Preston Avenue.. NW Roanoke, Virginia 24013 Roanoke, Virginia 24012 3 persons attended 0 persons attended Tuesday, August 14, 2012 William Fleming High School Auditorium 3649 Ferncliff Avenue NW Roanoke, Virginia 24017 6 persons attended Monday, August 20, 2012 Noel C. Taylor Municipal Building 215 Church Ave., SW, EOC, Room 159 Roanoke, Virginia 24011 7 persons attended Thursday, August 16, 2012 Raleigh Court Branch Library 2112 Grandin Road SW Roanoke, Virginia 24015 7 persons attended At each session informational boards were displayed to explain aspects of the proposed realignment, to include why realignment was being pursued, the effects on voters, how the realignment would be implemented, and maps were displayed detailing the current and proposed precinct layout. Computer -based maps were also present to allow citizens to look up their address or zoom in on a specific area of the City. At each session citizens were given the opportunity to submit written comments. The following comments were received. (1) Supportive because it saves money, better distributes machines and election officials. (2) Difference between going to Patrick Henry and Raleigh Court Elementary is no a big deal. (3) Session was very helpful, was not aware Virginians would receive new voter ID cards, especially in light of the new voter ID laws. (4) Got clarification on form of ID required and accepted. Very helpful to have meeting in library location - convenient. (5) Concern - 9 precincts have over 3,000 potential voters. One precinct has over 4,000 potential voters. (6) History has shown voter turnout in a presidential election has been high concern #5 &6 leads to long lines at the polls and this may lead to voters not exercising their right to vote. (7) Major concern - Having only (fixed) amount of polling machines to vote on. Concern that there will be enough machines to serve more populated precincts. (8) What if voters are still in line at 7pm on election day? (9) Seems to make sense! (10) Just tell me where to go - I'll get there! (11) I'm alright with it! (12) Miss the sense of community, would've preferred a location in the neighborhood (13) Poll worker "election officials" likes the concept saves money, reduces burden on election officials. With this report the Electoral Board and Registrar Shepherd return the proposed plan to Council for it attention, with our full support and recommendation for approval as proposed. Respectfully,. Carl T. Tinsley, Chairman, City of Roanoke Electoral Board F. Gordon Hancock, Vice - Chairman, City of Roanoke Electoral Board Melvin E. Williams, Secretary, City of Roanoke Electoral Board Lavern L. Shepherd, General Registrar, City of Roanoke cc: Honorable Mayor, David A. Bowers Honorable, Vice - Mayor, Court G. Rosen Honorable Councilwoman, Anita J. Price Honorable Councilman, William D. Bestpitch Honorable Councilman, Sherman P. Lea, Sr. Honorable Councilman, David B. Trinkle Honorable Councilman, Raphael E. Ferris Christopher Morrill, City Manager Sheman Stovall, Assistant City Manager, Operations Robert Townsend, Assistant City Manager for Comm. Develop. COMMITTEE VACANCIES /REAPPOINTMENTS September 17, 2012 VACANCIES. Three -year terms of office to replace Eddie Wallace, Jr., Kee Bolling and Carl Kopitzke as members of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of Richard Walters ending June 30, 2013. Three -year term of office to replace Jay Foster as a City representative of the Roanoke Valley - Alleghany Regional Commission ending June 30, 2015. Unexpired term of office of Deirdra Williams as a member of the Fair Housing Board ending March 31, 2015. Unexpired terms of office of Pam Kestner as a member of the Human Services Advisory Board ending November 31, 2014. .� 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: clerle@roanokeva.gov E. CRAFT JONATHAN T' STEPHANIE M. MOON. MMC Deputy City Clerk City Clerk CECELIAT. WEBB Assistant Deputy City Cleric September 20, 2012 Nathan Tuning, Trustee Pilgrim Baptist Church 1415 8" Street, N.W. Roanoke, VA 24017 Dear Mr. Tuning: I am enclosing copy of Ordinance No. 39510- 091712 rezoning certain property located at 1415 81h Street, N. W., bearing Office Tax Map No. 2032001, from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5), to Institutional Planned Unit Development District (INPUD). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure PC: Regenia P. Rice, 801 Carroll Avenue, N. W., Roanoke, Virginia 24016 Walter S. & Eiko K. Claytor, 802 Grayson Avenue, N. W., Roanoke, Virginia 24016 Ruth A. & John B. Claytor, Jr., 811 Grayson Avenue, N. W., Roanoke, Virginia 24016 Dr. Jeanette Manns, 1826 10th Street, N. W., Roanoke, Virginia 24012 The Reverend Clinton Scott, 1317 10th Street, N. W., Roanoke, Virginia 24012 Nathan Tuning, Trustee September 18, 2012 Page 2 pc: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission 45 I✓ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. No. 39510- 091712. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5), to Institutional Planned Unit Development District (INPUD); and dispensing with the second reading by title of this ordinance. WHEREAS, the Trustees of the Pilgrim Baptist Church have made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have property located at 1415 8s' Street, N.W., bearing Official Tax Map No. 2032001, rezoned from Institutional Planned United Development District (INPUD) and Residential Single - Family District (R -5), to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 2 dated August 8, 2012; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 17, 2012, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and Ord -1415 - 8th St, N W -raoce prop.doc WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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. 2032001, be, and is hereby rezoned from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5), to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 2 dated August 8, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �� Ord 1415 - 8th St, NW- r¢one prop. doc 2 A CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Trustees Pilgrim Baptist Church, to rezone property located at 1415 81" Street, N.W., bearing Tax No. 2032001, from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5) to INPUD. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional /religious use and single - family residential use. The proposed use of the properties is an expansion of a place of worship. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, August 16, 2012. By a vote of 7 -0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 2, dated August 8, 2012, to be consistent with the Zoning Ordinance, Vision 2001 -2020, and the Harrison & Washington Park Neighborhood Plan. Application Information Request: Rezoning Owner: Trustees Pilgrim Baptist Church Applicant: Trustees Pilgrim Baptist Church Authorized Agent: Mike Woolwine, Hughes Associates Architects & Engineers City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 1415 81h Street NW _ Official Tax Nos.: 2032001 Site Area: 14.30 acres Existing Zoning: INPUD, Institutional Planned Unit Development District and R -5, Residential Single - Family District Proposed Zoning: INPUD, Institutional Planned Unit Development District Existing Land Use: Place of Worship _ Proposed Land Use: Place of Worship Neighborhood Plan: Harrison & Washington Park Neighborhood Plan Specified Future Land Institutional /Religious and Single Family Use: Residential Filing Dates: Original Application: July 3, 2012 Amended Application No. 1: Dated July 27, 2012 and received August 2, 2012 Amended Application No. 2: Dated and received August 8, 2012 Background In May 2012, representatives of Trustees Pilgrim Baptist Church and Hughes Associates Architects & Engineers met with staff from the City of Roanoke to discuss an addition to an existing place of worship facility to be constructed on a parcel on 8`" Street, NW. The parcel has multiple zoning district designations as it has recently been combined into one lot after additional adjoining properties were acquired in 2010. In July 2012, Trustees Pilgrim Baptist Church filed an application to rezone tax parcel number 2032001 located at 8'h Street NW. On August 2, 2012, Trustees Pilgrim Baptist Church filed Amended Application No.l, addressing some of the staff comments. On August 8, 2012, Trustees Pilgrim Baptist Church filed Amended Application No. 2, addressing Planning Commission work session comments. The rezoning to INPUD would permit the enlargement of a place of worship within the dimensional regulations of that district, subject to the development plan. The proposed place of worship expansion is phased. The existing one -story building is a 21,375 square feet. Phase One will include a new 16,000 square feet one -story family life center with six additional classrooms, a fitness room, a teen game room, and a gymnasium. This addition will be to the rear of the existing building. Phase Two will include a 38 space parking lot in the northwest corner of the lot adjacent to a single - family dwelling. Phase Three includes a softball field, picnic shelter, and storage shed in the eastern portion of the lot adjacent to a park and public school property. Conditions Proffered by the Applicant None. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North _ ROS - Recreation and Open Space District and INPUD - Institutional Park and Educational Facilities elementary/ Compliance with the Zoning Ordinance: The proposed development plan shows 228 parking spaces, not including required handicap accessible spaces, serving a 7,900 square feet assembly room within the place of worship. The applicant has submitted plans showing seating for 672 people. The City's Zoning Ordinance specifies a minimum of one parking space per four seats in the portion of the building to be used for services. Based upon the seating arrangement shown, the minimum number of parking spaces, not including required handicap accessible spaces, required for the church is 168 and the maximum number of parking spaces is 236. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Harrison & Washington Park Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabrics of the existing neighborhood. The site currently has a place of worship in the midst of a residential neighborhood that has existed in this location for approximately 20 years. The place of worship is expanding to accommodate the needs of the community. Relevant Vision 2001 -2020 policies: Design Principals: • Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. Off- street parking should be located at the side or rear of buildings. Planting strips, the area between a curb and a sidewalk, should be used to accommodate street trees. They should be provided on all urban residential access streets, neighborhood collectors, and most arterials. • City Design Suburban neighborhoods o Suburban neighborhoods are characterized by large lots (greater than 7,000 square feet), a variety of housing sizes and styles, deep Planned Unit Development District middle /secondary - SoPUD uth IN - Institutional Planned Unit Educational Facilities, Development District elementary/middle/ secondary East ROS - Recreation and Open Space Park District West R -S - Residential Single Family District Dwelling, Single - Family Detached Compliance with the Zoning Ordinance: The proposed development plan shows 228 parking spaces, not including required handicap accessible spaces, serving a 7,900 square feet assembly room within the place of worship. The applicant has submitted plans showing seating for 672 people. The City's Zoning Ordinance specifies a minimum of one parking space per four seats in the portion of the building to be used for services. Based upon the seating arrangement shown, the minimum number of parking spaces, not including required handicap accessible spaces, required for the church is 168 and the maximum number of parking spaces is 236. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Harrison & Washington Park Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabrics of the existing neighborhood. The site currently has a place of worship in the midst of a residential neighborhood that has existed in this location for approximately 20 years. The place of worship is expanding to accommodate the needs of the community. Relevant Vision 2001 -2020 policies: Design Principals: • Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. Off- street parking should be located at the side or rear of buildings. Planting strips, the area between a curb and a sidewalk, should be used to accommodate street trees. They should be provided on all urban residential access streets, neighborhood collectors, and most arterials. • City Design Suburban neighborhoods o Suburban neighborhoods are characterized by large lots (greater than 7,000 square feet), a variety of housing sizes and styles, deep front yard setbacks, wide curvilinear streets, and prominent driveways and garages. These neighborhoods developed after World War II as dependency on the automobile increased. o Design principles: • Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. Relevant Harrison & Washington Park Neighborhood Plan policies: Community Design Policies The Harrison and Washington Park neighborhoods are recognized as having unique architectural and historic value to the city. Therefore, Roanoke must ensure that future development is compatible with the neighborhood fabric. The design of new development should enhance and contribute to the neighborhood's continued viability. Quality of Life Policies Encourage neighborhood churches to coordinate efforts to improve the quality and range of outreach services. City Department Comments: Parks and Recreation Planner The planner requested maintaining the dense forest buffer surrounding the greenway trail by maintaining existing trees and slopes on the private property adjacent to the greenway. They also suggested reducing the scale of the softball field to reduce the development footprint. Public Comments: None. Planning Commission Work Session: The Planning Commission confirmed staff's request for curb, gutter, and sidewalk along the frontage, and to limit the amount of parking provided. The Planning Commission added that a 5 -6 foot planting strip would be crucial to the development plan. Planning Commission Public Hearing Discussion: Mr. Williams expressed concern regarding the right -of -way improvements being consistent with the Street Design Guidelines. Mr. Chittum stated that infrastructure improvements are reviewed to ensure they are in accordance with the guidelines and stated that they do that with all developments whether they are going through a rezoning or not. ArK , C hair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Timothy Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney Nathan Tuning, Trustee Pilgrim Baptist Church Mike Woolwine, Hughes Associates Architects & Engineers Mark Ayles, Hughes Associates Architects & Engineers Zonirno Amendment RECEIVED 9 Applicatrb PITY OF ROANi [� Department of Planning, Building and Development PLANNING BUILDING AND DEVELOROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: I August 8, 2012 l Submittal Number g�gp�j_(�:Is�Il+en �hdti�IeelWs n Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional N Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District P ' ne'" lrifiiiitloie,. ��l�te1JD� t�v�- I�n-noN �2 ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan Lj Amendment of Comprehensive Sign Overlay District Address: 1415 8th Street NW Roanoke, VA 24017 0 iai Tax Nets) 12032001 Existing Base Zoning: NPUD & R -5 (If multiple zones, please manually enter all districts.) Ordinance Note). for Existing Conditions (If applicable) Requested Zoning. IINPUD, Institutional Planned I) Proposed Land Use'. Name [Trustees Prigrim Baptlst Church ❑ With Conditions Without Conditions [Place of Worship 1 Phone Number: I 875 -7746 i Addre s: 1415 8th Sir t NW Roanoke VA 24017 I E- Mail: f piignmbaptistchurch@verizon.netl Pr p dy Ow s Sign re: Name. Trustees Prigrm aptist Church, Afton Mr. Nathan Tuning , Phone Number [_ 875 -7746 Address: 1415 8th Street NW Roanoke VA 24017 1 E -Mail. pllgrimbap tistchurch @verizon.netl Applicant's Sgnature Name: [Hughes Associates Architects & Engineers, Attn: Mike Woolwinel Phone Number. 342 -4002 1 Add re IF In0 Box 1034 Roe ok 1VA 24005-1034 1 E -Mail: (mwoolwine @hughesarchitects.col Author dAgenPs Sgnature. Zoni.ig Amendment Application Checklist E .; ooic The o ROA N O K E Completed application form and checklist. r Written narrative explaining the reason for the request. F- Metes and bounds description, if applicable. 6c Filing fee. also 50 3LlinitEC0 F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, Fu OF %1WWfjfiW &` gUbmmee ..,. F- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. F- Please label as 'development plan' if proffered. IF R0,1l1 � 4t�RfQUaWi4�9kri��4 1e1'be G4mJ Qd: fK Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. ii F- Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning r Amendment Procedures, if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. F- comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. F- Cover sheet. r Traffic impact analysis. F Concept plan. F- Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www.manokeva.govlpbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE The purpose of this request is to rezone portions of Tax Parcel 2032001 from R -5 to INPUD for the purpose of expanding the campus of Pilgrim Baptist Church. Me site currently has split zoning, including INPUD, consisting of approximately 7.43 acres and R -5, consisting of approximately 6.87 acres. The entire church development, i.e., building and parking, is situated entirely within the INPUD zoning, The R -5 zoning is remnants of parcels that the church purchased and then subdivided, in 2010, to combine into one 14.30 acre parcel, that being Tax Parcel 2032001. Of the 14.30 acres, approximately 5.20 acres, or 36 %, will remain undeveloped because of the topography and limits of the existing floodway. Pilgrim Baptist Church has been a benchmark within the Washington Park neighborhood since its inception. The church continues to grow and is currently running two Sunday morning services, one at 7:45 and one at 10:45. Parking to accommodate the two services is an ongoing concern even with its existing 190 parking spaces. However, the church has been blessed to acquire adjoining properties to accommodate its growth. The time has come for the church to expand its existing facility by constructing a family life center. See Phase 1 on Exhibit A for the location of family life center and see Exhibit B for its building elevations. The new family life center will include six additional classrooms, a fitness room, a teen game room, and a gymnasium. The expansion will be constructed off the back, east side of the existing church, and situated over a portion of the existing parking lot, resulting in approximately 69 spaces being lost. To offset the loss 74 new parking spaces will be developed as part of Phase I. All of Phase I development will be constructed within the current INPUD zoning. The following are the anticipated development project phases for the church, upon completion of Phase 1. Phase II, located at the northwest comer of the site, within property currently zoned R -5, includes a new 38 space parking lot. It's anticipated that this lot will primarily serve the existing sanctuary. The new parking lot will be screened from the adjoining residential property with landscaping. Upon completion of Phase II, the ultimate parking count will be 239 spaces, 11 of which will be handicap spaces, providing a ratio of approximately 2.8 seats, in the family life center, for every parking space. The Phase III project includes a recreational softball field, picnic shelter and storage shed. The field will be situated within the southeastern quadrant of the property, that is currently zoned R -5. The INPUD zoning is an appropriate classification for church use. The developer has established a plan that is suitable for the neighborhood and meets criteria for INPUD zoning. The developer understands, that prior to construction, each project phase will be reviewed and approved by Roanoke City through their comprehensive review process, for items such as stormwater management, site lighting, site landscaping, fire access and utility connections. Adjoining Property Owners Adjoining Property Owners: 1415 8" Street NW, Official Tax Number 2032001. 2030801 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2030803 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2031802 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2031801 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2050706 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2050705 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2050417 City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 2030101 John Jr. & Ruth Claytor 811 Grayson Avenue NW Roanoke, VA 24017 a� ,max w d I� day Im • 1- __ I __ 00 � SSS Fp— iXl. rs �• xA 10 L�l 71i, 3z 33 gL "•S$ s j$o i v 9 ea '4gEs k F2gx x z q W Ey ads?: kSYi ar`x a a .04 e F� @. ni X Y qi$ � :gg s � Fps � �yXi 9 � S � � � c •.N� &s 3 Y @g n e € p7 �g 1 37S7q ve3. ii�j y §F i ig i i a UM P s o�?i.s3 da � P §�� sX, 41 3s.x za i 3 j�iiii? q i U r N v t M �pp bju. — i ejeXyp4 E Acg� I ea�q \, Xen§ II szsg ��sF i S i o II 3z 33 gL "•S$ s j$o i v 9 ea '4gEs k F2gx x z q W Ey ads?: kSYi ar`x a a .04 e F� @. ni X Y qi$ � :gg s � Fps � �yXi 9 � S � � � c •.N� &s 3 Y @g n e € p7 �g 1 37S7q ve3. ii�j y §F i ig i i a UM P s o�?i.s3 da � P §�� sX, 41 3s.x za i 3 j�iiii? q i U r N v t M �pp bju. [ ^\ \ § \\ m � ! I ( \ \ \ AW low / j BE & § Q \ low \ § IBM / � ! I ( \ \ \ / \\ \ \�° \ \ \ \\ � a \ »§< % \23» ° | {� {. � &- \ _. s a \ V 21213 L �0'0z23 N o � 221o6ry s6 20 40 N N°�NO�o"'ry w c4 � z ry y� /i 6 4Y1°y $ y # � �.. -o10z� N N°yN`Py gyp^ 2oso2p6 N g oy Y Ft zz� ki qg 22322)09 330 Uio ^� $ry a y IN'PUD 2232116 223221 ry 22321 1 n 3211)3 22322132 $32o a�d rx U..3 a / ti 2232214 N $ g a { 2 2 13 OOi� n J 1 a2z24 � �' n 6s6 030]3 203oe6r 03013 0 i N V 21 0 4 N 01 5 2 ^ 150] 8 4 2 0 0 2 1 3 3 5 2 3 2 1 $ 1 04 2 m $ i 41 R 1 n 03 6 20 1 0 0 31 ° N ry 1310]0 6BO 112. egg ^ °R,C ,ry ,dry z2Be1 8g$ q. 1 zo 3lno ^ ° °° $o ry ry g j 0 0. � g p�20R0 0 0 2 0 7R 0 1 2 2 1] 1 ^a 1�3 0 RO13 ' 09B $ g N 'i 0 50 1 1 yp0 0224 216 012 01 0 23 o 21 1 10 2 o^ ry ° FN 2a212 1 110 ^ ry a m 20 2 12100 1 212070& 6 0o S n° N N N 2 201 9 2 0 35 o N 111 0 o 1' pa' 4s D 1 0 f J v h S id f lh ._ i pStreet, N.W. n ^ . ry N^ 9 6 z0x N ^ N �200 777 1 ��� 02 Official Tax Map No M3200-1 to iN dvY3Rll 1--:Y i[?zn z all e 21 x 0 12 uflTly 0 9 � The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- I ----------------------- -- ----- ----- -- - - ---_----__---__---- ___-- I- ___--- __----- __- - - - - -_ PILGRIM BAPTIST CHUR ATTN: SHERMAN STOVAL 1415 STH ST NW ROANOKE VA 24016 REFERENCE: 80024374 13096316 NPH- Pilgrim Baptist 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 _12�Mnday of September 2012 Witness my hand and official seal. Notary Public PUBLISHED ON: 08/31 09/07 TOTAL COST: 496.72 FILED ON: 09/21/12 -------------------------------------------------- }___- - - -___ O� p LAYMq'. m : PEG gi0900�� . �'���lVh'F 91tN OF Authorized Signature: Billing Services Representative �u NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Trustees Pilgrim Baptist Church, to rezone property located at 1415 8" Street, N.W., bearing Tax No. 2032001, from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5) to Institutional Planned Unit Development District (INPUD). The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional, religious use and single- family residential use. The proposed use of the properties is an expansion of a place of worship. Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest a"td citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand thisZRfh day of A139125 , 2012. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish once in the Roanoke Times on Friday, August 31 and Friday, September 7, 2012. Send affidavit to; Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 Send Bill to: Nathan Tuning, Chairman Trustees of Pilgrim Baptist Church 1415 8th Street, N. W. Roanoke, Virginia 24016 (540) 342 -5058 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 056 Roanoke, Virginia 24011 -1536 Telephone: (560) 853 -2541 Fax: (540) 853 -1145 E -mail elerkgroanokeva.gov STEPHANIE M. MOON, MMC City Clerk September 10, 2012 Nathan Tuning, Trustee Pilgrim Baptist Church 1415 8" Street, N.W. Roanoke, VA 24017 Dear Mr. Tuning: JONATHAN E. CRAFT Deputy City Clerk CECELIA T.W 11B 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, 1 have advertised a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Trustees of Pilgrim Baptist Church to rezone property located at 1415 8" Street, N.W., from Institutional Planned Unit Development District (INPUD) and Residential Single - Family District (R -5) to Institutional Planned Unit Development District (INPUD). 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 September 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, �m Stephanie M. Moon, MMC \IJ City Clerk SMM:ctW Enclosure To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Trustees of Pilgrim Baptist Church to rezone property located at 1415 8" Street, N.W., from Institutional Planned Unit Development District(INPUD) and Residential Single- Family District (R -5) to Institutional Planned Unit Development District (INPUD). This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540- 853 -2541. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw CITY OF ROANOKE �j OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 w Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Faa: (540) 853 -1145 E -mail: elerWrommin,va.eov JONATHAN E. CRAFT STEPHANIE M. MOON, MIMIC Deputy City Clerk City Clerk September 10, 2012 CECEWAT. WERR Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Trustees of Pilgrim Baptist Church to rezone property located at 1415 8" Street, N.W., from Institutional Planned Unit Development District(INPUD) and Residential Single- Family District (R -5) to Institutional Planned Unit Development District (INPUD). This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540- 853 -2541. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw 1 Rebecca Cockram, Secretary Roanoke City Planning Commission Roanoke, Virginia Dear Ms. Cockram: I am enclosing copy of Ordinance No. 39511- 091712 approving the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Countryside Master Plan, as amended, such amendment changing the land use designation of the Portland Area (consisting of Official Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and including such Countryside Master Plan, as amended, as an element of the Comprehensive Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012; and is in full force and effect upon its passage. Sincerely, 01 Stephanie M. Moon, MMC �J City Clerk Enclosure PC: Cynthia Allen, 2637 Staunton Avenue, N. W., Roanoke, Virginia 24017 Jason Bingham, 2515 Stanley Avenue, S. W., Roanoke, Virginia 24014 Dereck Bond, 3438 Signal Hill, N. W., Roanoke, Virginia 24017 Greq Feldmann, 3602 Peakwood Drive, S. W., Roanoke, Virginia 24014 Valerie Garner, 2264 Mattaponi Drive, N. W., Roanoke, Virginia 24017 CITY OF ROANOKE (�a OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 ti Roanoke, Virginia 24011 -1536 Telephane: (540)853 -2541 Faa: (540)853.1D15 STERHANIEM. MOON, MMC E -mail: clerk,*rrumkeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T_ W EBB Alaisbuu Deputy City Clerk September 20, 2012 Rebecca Cockram, Secretary Roanoke City Planning Commission Roanoke, Virginia Dear Ms. Cockram: I am enclosing copy of Ordinance No. 39511- 091712 approving the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Countryside Master Plan, as amended, such amendment changing the land use designation of the Portland Area (consisting of Official Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and including such Countryside Master Plan, as amended, as an element of the Comprehensive Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 2012; and is in full force and effect upon its passage. Sincerely, 01 Stephanie M. Moon, MMC �J City Clerk Enclosure PC: Cynthia Allen, 2637 Staunton Avenue, N. W., Roanoke, Virginia 24017 Jason Bingham, 2515 Stanley Avenue, S. W., Roanoke, Virginia 24014 Dereck Bond, 3438 Signal Hill, N. W., Roanoke, Virginia 24017 Greq Feldmann, 3602 Peakwood Drive, S. W., Roanoke, Virginia 24014 Valerie Garner, 2264 Mattaponi Drive, N. W., Roanoke, Virginia 24017 Rebecca Cockram, Secretary Roanoke City Planning Commission September 20, 2012 Page 2 PC: Robert Gravely, 3360 Hershberger Road, N. W., Roanoke, Virginia 24017 Carl Haley, 4735 Cheraw Lake Road, N. W., Roanoke, Virginia 24017 Susan Hall, 2237 Ranch Road, N. W., Roanoke, Virginia 24017 AI Prillaman, 2803 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Robert Reed, 4440 Thelma Street, N. W., Roanoke, Virginia 24017 Kathy Smith, 5398 Montague Way, S. W., Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2012. Po. 39511 - 091712. AN ORDINANCE approving the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amending Vision 2001 -2020, the City's Comprehensive Plan, to amend the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 19, 2012, the Countryside Master Plan adopted by City Council on June 20, 2011 (the `Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan, to amend the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 17, 2012, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present then views on such amendment; and WHEREAS, this Council, after considering the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Countryside Master Plan, and for those reasons, is of the 1 opinion that the hereinafter amendment should be made and incorporated into the City's Comprehensive Plan as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Countryside Master Plan as amended, such amendment changing the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and including such Countryside Master Plan, as amended, as an element of the Comprehensive Plan. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 0 -N.eM Vision 2001- 2020 - Include Cowtryside Master Plan a. -d.doc 2 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Amendment of Vision 2001 -2020, the City's comprehensive plan, to amend the Countryside Master Plan, adopted by City Council on June 20, 201 1. The proposed amendment will change the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 64211 1 3) from Agriculture to Recreation. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, July 19, 2012. By a vote of 2 -5, the motion to recommend approval of the amendment to the Countryside Master Plan as a component of the Vision 2001 -2020 Comprehensive Plan failed. Background: The Countryside Master Plan process began in summer 2010 with an intensive public involvement phase that concluded in September 2010. City Council authorized staff to develop a master plan with the Planning Commission in an active role of guiding development of the plan. The Commission forwarded a draft of the plan to City Council in March 2011 for initial review and comment. City Council referred the plan back to the Commission to initiate adoption of the plan as a component of Vision 2001 -2020. The plan was adopted by City Council on June 20, 2011. Following adoption of the plan, the City began to accept proposals for development of various parts of the property. A proposal for an urban farm was submitted for the Portland Planning Area, which the plan designated for agriculture. The public input phase, which included a workshop at William Fleming, revealed significant opposition to agricultural use of the parcels in any form. Some nearby residents requested consideration of re- designating the Portland Planning Area from agriculture to recreation. During the planning process described above, some of the initial concepts for the Portland area were for community park uses such as soccer fields. One concept for soccer fields is depicted in the appendix of the plan. The community park designation indicates facilities that have a service area beyond the immediate neighborhood. Since recreational uses were also deemed appropriate for the site, staff agreed to initiate the amendment for consideration by the Commission and City Council through the plan amendment process. Considerations The Portland planning area is aligned with runway 6 and is impacted by noise from arriving and departing aircraft. No specific land uses are prohibited in this area, but any land use that is sensitive to noise is not recommended. Accordingly, more passive uses such as recreation and agriculture were considered when formulating the Countryside Master Plan. Planning Commission Public Hearing Discussion Mr. Scholz stated he would speak against the motion and keep the plan as it is now, and they had worked hard to get the plan. He stated that the urban agricultural component was exciting and encouraged the community to rally around that because if that doesn't become a reality, and then something different would be done and they might not like something different as much, so defend what is there and make the agricultural component work. Mrs. Penn stated that she concurred with Mr. Scholz and stated that they took a lot of time to getting the plan together and they should take the time to make the plan work rather than making changes at this point. Mr. Hale stated that he respected that everyone spent time on the plan. He noted, the comment Ms. Garner made about the homebuilders being reluctant to develop without certainty in the plan. From a developer's perspective, whether they are more attracted to urban farming or community or neighborhood soccer fields, they would want some certainly, and amending the plan early on makes better sense to him. He concluded by indicating that he favored the amendment. Mr. Van Hyning stated that there is no consensus among the affected people about what should be done with this parcel. He stated that there was opposition to the agriculture, but there wasn't consensus on that issue either, and they are just the loudest voices. He stated he was torn as to giving recreation a chance, but there was a lot of work put into the plan that hasn't been in place for a long time, and he wanted to give the plan in its current form a chance. Ms. Katz stated that the agriculture component affects other pieces of the plan and it is too early to start revamping the plan and it would affect other pieces and stated that she agreed with Mr. Van Hyning and we need to give it a chance. She stated if the Co -op came with a plan without chickens, it would have been approved as an urban farm, and she hoped another group would come forward, and have something the whole neighborhood could be proud of. She stated that she was opposed to changing the plan. Mr. Williams stated that he would not support changing the plan. He stated that as Mr. Scholz stated if something like urban agriculture didn't happen, eventually something would go there. He stated that it wasn't necessary to use the entire 12 acres for an urban garden; you could do a great deal on small parcels without having animals on the property. Mr. Futrell stated that he was for urban farming, but chickens or no chickens, there are people who would oppose this. He stated whether they have people interested in sports, and tournaments brought in hundreds of people. He stated that he worked at Countryside Golf Club and cut through the streets. The course is gone and is everyone rejoicing that there is no traffic? He stated you have a tournament once a year, they come with their family, and they come once a month, and there would be increased traffic for a weekend, and he stated that he would vote for it. ra tz, Chair City Planning Commi n cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Timothy Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney Countryside Master Plan ] S R ROANOKE PLANNING, BUILDING, & DEVELOPMENT Adopted by City Council June 20, 2011 Proposed Amendment for Planning Commission Public Hearing July 19, 2012 Contents Introduction I Plan Summary 2 Planning Approach d Master Plan $ 9 Greemvay & Trail System -16 IN F,nvirotunental Repair & Preservation 28 30 Development Strategy 3H 3' Implementation 3F 33 Public Improvements 3} 33 Conclusion 32 34 Dcsign Principles Appendix A Design Studies Appendix B Acknowledgements Introduction 'me City of Roanoke purchased the Countryside Golf Course property in Nbecmber 2005. 1 he golf course was closed in winter 2010 and City planning staff initiated Ii public participation process to identify potential reuse options. I'ltroughout_July and August 2010. Six amununity meetings were held to get input. Staff also hosted meetings with other stakeholders such as economic development professionals, devel- opers. and Realtors, the process culminated with a briefing to City Council, who authorized a six-month master planning process. Work on the nuutcrplan began in Octohcr 2010, ¢'ilh the Planning Commission sen'- ing as the adt isory hodv not the project. I he Commission met in eight svoik sessions. including an open house at Williann Fleming high School. ClGzens living near the property attended all the work sessions and were eivcn an opportunity to comment and ask questions throughout the process. I he Commission began Ilse planning pro- cess in October by walking the property. A number of nearby residentsjoined in the walk and discussed issues and concerns with Coumrissioners along the way C'omllryside residentsjoin the Planning Commission on a walking tour of the land. Page I Plan Summary This plan recommends the property be developed as a new mixed use neighborhood set within the context of other neighborhoods and existing dcvclopment. 'Fill s model is consistent with and implements the Ii.sion 2001-2020 Comprehensive Plan and the Strategic Honing Plan, which recommended Iried -and -true Iraditional patterns that sustain talus m Cl generations. 'Ihc challenge is to plan an infill development within an existing neighborhood context Cnlike grecnhcld development, this plan must respond to the street patterns, terrain, and buildings that already exist- Ntorcoocr, the existing neighborhood fabric must be respccicd. 'Dime and again in the public meeting,, citizens tiled loss of open space and natural areas provided by the Former golf course as their principal eoncem.'fhis plan restores and enhances those amenities and furthermore makes Ihcm publicly - accessible hhc community will hate natural areas well- connected by a system of trails as well as i = new recreation opportunities needed in this part of-Roanoke. nt er hall ot the prop - erty's 139 acres will be dedicated to open space nun such as recreation, agr,vu e, preservanon, and manual areas. An additional 71 acres owned by the Roanoke Re- gional Airport Commission, thou_h not publicly- accessible, will be open space. i The Central area features a cluster of mixed residential development with a wide variety of housing types bracketed by a neighborhood park, a community park, and preservaliom areas. Space is reserved for a small neighborhood center to evolve as residential and other commercial dcvclopment occurs. Actual dcvclopment of the residential, employment, agricultural, and neighborhood commercial use., will be can led out by private sector developers. Some of the larger - scale recreational uses could be developed by the private sector in partnership with the City. Page 2 Commercial 8 acres 6% Distribution of uses by planning area Natural Areas 14 acres kh, 10% Distribution of uses Airpon property not included Drainage Area Residential 6 acres 35 acres 4% 26% Residential 10 6 20 35 acres 25% Neighborhood Commercial 8 8 acres 6% Employment 20 3 22 acres 16% Preservation 11 8 1 4 3 26 acres 19% Naturalized Area 7 7 14 acres 10% Recreation 4 12 10 26 acres 19% Drainage 1 2 1 2 6 acres 4% *Discrepancies in addition due to rounding Note: Airport property not included Pa_e 3 Planning Approach 'fhe planning approach was guided by the development principles and policies otlhe I'tsion 20(1[ -7070 Comprehensive Plan, which advocate the best of familiar tradi- tional development paltems in new development. Other plans such as IhcParks and Recreation Master Plan (2007), the Peters Creek North Neighborhood Plan (2002), and the Roanoke Ridley Conceptual Regional Greenwaj Plan Ipdate (2007) also provided valuable guidancc to the process. 'I he firs( task was to draft a set ofm'ban design principles specific to the Couuu) side property to guide en% ronmorad protection. orienting features. -encral in ianacmcnl mohiliry, clecelopmem loons, and amenities. The commission identified these prin- ciples as critical'. • Use land eflicienth by deliberately designating the use ofall spaces- whcth- er for building, parks, or preservation. • Preservation areas such az riparian buffers, floodplains. wetlands, steep slopes, and existing wooded areas should be designated as areas to remain in a ❑atwal state (allowed to revert to a natural state). • Residential diversi its ° should be provided through a variety of dwelling types that allow people of diflerent lilt styles, ages, family composition. income levels, and tastes to lice in close proximity and to interact with one another. • Street con neetivits° New development should have streets that provide con- nection, pedestrian amenities. and have rummium pavement width. Consider extension of existing public dead -end streets where appropriate. • Recreation facilities should be integrated into neighborhood fabric lather Ihan set oil hom it. Page 4 Commercial development should be small in scale and provide opportunities for locally -owned enterprise Commercial buildings and sites should be designed so there is no need to separate or screen Ihcm from residential uses. Future neighborhood center. Reserve land area in a strategically appropriate place for a future neighbor- hood center to provide opportunities to live, work, shop, play, and interact in a neighborhood setting. • Ouality of housing should .stress fonu. materials, knishes, and oricm fit io]I. rather than square Ibotage. • Streets must be earefuHe designed as public spaces where vehicles t avel al neighborhood - appropriate speeds. • Sauares, parks, and civic space should be created deliberately as orienting features for development. In turn, buildings fronting on them should deli rte their edges. • Create a center. I he neighborhood should have a main orienting feature that may be made up of multiple important features. 'Phis clear center of commu- nity life can become so important that the area is known by it. • Urban anriculturc. Consider urban agriculture as a use that can catalyze development with a community market closely connected to the location of food production. • Automobile parking should be de- anphasized, broken up into small mod- ules, and well - shaded by large trees. Consider on- street parking in calculating available supply. • Alleys or narrow lanes should be used to provide access for vehicles to ac- ecs's to driveways or garages in the rear of houses. • Building/lot orientation should he considered so back -of -house activities (e.g., trash collection, utilities, loading, delivery, and parking) occur in less conspicuous locations. • Orienting features are buildings or amenities that people can identify with and help other development fall into place. Page 5 Main buildines. Use main bmIdings as orienting features around which to ar- range other development f:xamples include commercial buildings. multifam- ily buildings, places ofworship, or institutional buildings such as a school, recreation center, or collllllmtllly center. 'I he design principles guided development of this plan and should further guide the evaluation of development proposals. The principles are included in their entirety as part of this document. Roanoke's lack of developable land means the Countryside property is too much of an opportunity to settle for conventional development. Rather, the goal is to use the hesl design principles to guide declopulcut of unique nett neighborhood that rc- spnnds to the site, the goals contained in adopted city detelopment plans, mtd existing neighbors. New dcvelopnlenl should complement and add value to the neighborhoods surrounding the property. I he development pattern should enable people to live, work shop, and play within their neighborhood as they do in many of Roanode's existing neighborhoods. Once the principles were cstah- fshed, the next step was to iden- tity sensitive environmental areas or assets and remove them tionl consideration for development. The property contains a rumn- Iude of streams, ponds, wetlands, wooded areas, and steep slopes that are best left in their manual state to become amenifies for new and existing development These areas were mapped and identified as preservation areas. A pnrtlno of the Laurd Rld" aria is d". ",'wd for "," Rion. to aid in the planning process, seven distinct areas of the property were identified. Fach planning area was studied closely and evaluated for its development potential. Many concepts were developed to test dificrcnt atiangenlents of lots and buildings. Daniel Dart, a landscape architect with Parks and Recreation, provided precision scaled drawings to show possible lot configurations and building placements. ('are- Jul Intention was paid to the areas lying between Ranch Road. Mattaponi Urn c. and Countryside Road because they directly abut stable single - family areas. the most challenging area was the Central area because it is open to a multitude of uses and all almost infinite number of mxangcrocins. Page 6 I he Lick Run Phu.ve /l/ Greenwn7 study recommend- ed It route in the vicinity of the Countryside property. Parks and Recitation staff studied possible routes for a green" ay and feeder trails. Parks and Recreation staff were also heavily im•olvcd in the planning process to identity opportunities to integrate park elements into the neighborhood. Alter testing several versions, the plan recommends two parks: a small -scale neighborhood park just west of the ncighhorhood center and a medium -scale tonmulnity park adjacent to Vdillinm I oni um, I1igh School to lake advantage of the proximity to the school. the ncPgh- borhood park would set c residents living within It half mile and the conmIDnily park would have a larger service area of several miles radius. If athletic fields are included in the community park, they should be carefully sited and designed to eliminate or minimize ncgotivc impacts such as light trespass and noise. Room for a pocket park or civic square is reserved next to the neighborhood he Lick Nun Vha.c III uivumcac smJ. rmo.nm ena, ..... ,> Ihnv:;h the (oumnsi& pmpcny_ center. Stormwater management is important to any do clopmcnt, but is especially impor- tant hcrc given the proximity to Lick Run. Nonlradit ional stomrwatcr s}'stcros that are natural and form amenities Ior the community should be employed. 'I here arc numerous strategies such as Light Imprint and Low Impact Development that favor a dispersed and natural system over piping to constructed rip - rap -lined detention basins. Such systems are often less expensive to COuStrnet and maintain, but they do require creativity and cmclul planning I'msting natural drainage areas are rescraed in anticipation of serving these functions. Page 7 Single- famlly Residential Single family or Townhouse Resitlential FJN Agriculture \ 5� s � C \ t i 4 \ Master Plan \ � \ Land Use Key Single -family Residential Single - family or Townhouse Residential i L ' ` F,� v- S55. t \ � \ Land Use Key Single -family Residential Single - family or Townhouse Residential i L ' ` F,� Laurel Ridge 'lhc laurel Riduc area consi s'IS of nvo development parcels designated in the it to the right as A and C, These parcels should be developed with either aingle -fTm- IIy dwellings, townhouse dwellings, or both. Recause oft lie shape oI the parcels, moll lots would need to be accessed via mar- access lanes. Parcel A has fiontage on two cxI sit ug streets. Development studies showed the parcels could support up to 50 townhouses or 33 single-lamih dwellings. IIIc area bet een the two development parcels designated as R - contains a Ibmter irrigation pond. , el ands. and a sneam. Developmem potential is limited by steep slopes, loresled areas and Iluodplam. It should be designated as a preservation arw and aIImNcd to rcccn to a nalwal slate with the exception of the h>nner tee hox area. which is ideal for a gsenway nail hind. On Parcel A, the plan recommends exclusion ola small pan of the northwestern cor- ner because nithe proxamu% and orientation of the ]ionic of the adjoining owner. Elevation. proximity to the natural area, and adjacency to the open space olthe RPZ make these parcels attractive devclopmcnl opportunities. Parccl C is within a noise impact area and may be a more aWactive opportunity in future years. The City should sell the land fee simple to It developer with zoning conditions or conditions contained in a development agreement. I � o t r,� �.•_� This study ehawc t poten- ('fF till ccutario for sin *le- st famih houses fronting on preen and accessed via a rear -access lane. gk Page 10 Laurel Ridge :\ Page 11 Portland '1 his planning area consists of Iwo parcels along the extension of runway 624. the parcels are in the center of the noise impact anca and are therefore not appropriate for any residential use. uF skrrnrM ftccslxb fishccl- c?rn�rarc:mthrtnttpMv . apnrcha it (Ttiemi4ir+essce 11"Id r it#cnrttopmne -th' 11— rmmm n.a ra,-i tl- Page 12 Sharth njtcr this plan utt,r arinptcd, a loco/ htn'i'lesa wbmIllcrl o pt-opuarl to tut this n,ro for u,bon a,g,icahtmc to include trnr crop". o hailditl" Jhr Im purntion and ,'a /c, ,I III .dtmr, and 900 panto,,, cla,kcns, 7'he propacrtl tray pre,ecttted I?' 'I'll' in Septonhc,?011_ Public oppov Ili att /into ncighho,tin,,, redden[, na.v oong and the p,opoo-r/ trey n,Ihdrmr, 11 hile apparition %o<uurd on dte elotnrnt o/ the opc,utiun that inchuled chic&ena; it hocomc appar I'll l thus no lurm ul ug,i,u0urc u'aldd he stgt- pnrted hr Ou- nrighho, v. Ill, idea q/ tcoean' nal tie, and spc.IIV all, uddelir Held" uaa erplorcd u'hi/c Inr_ nndaum" earreepac Ill the ... It mol pent. Four uI drr/it concept d,mtm,w prcecnted al ptthGe n-nt ]Athol" .hound Ill, /m IV I'pa,rel r ardd ngtpurt of 1, 'IN/ next full 1_c Iirldc plrtutting r/W/ 'h /,I MM,c / the Lord me to he oppntpt inlc and n.odd he I )'w - rrnlmalttheParkaandRhTI'arian llu.ac, Plmt,t I N "MM, IIII'm ... 7, for nmrc ulhlelic lichlr is suhm'hmt h'on/III sq Rnonol¢ Mott Ike In Icanon idort u.0 rublyd in faro, ul [.hart a,"ric allure tr/tcn thcplmt u¢r ar/opled bt' ('itr ( Inlnlll_ Dcrc/,,/ mew n ith o/hlc/l, /w/d, onuld ho 1, the /,1 ),1 otl eo,u,in„¢,cen .'puce is ptYSenx ^d In, a defined prriod..4cto,rlingL Om Po,Oattd n,ca 'hneld he d,Wtlnoted /b „eo'eulional 1,” nod. ,pce Ill, dh; I onn III, 't ed os a s-//C for athletic hcldv. 9 grremtnr canuurtiun Mang /twit.... Rand 'hwdd be dcrclopcd concit) ,cntlr to pti,I ide c ,III 'enient necevs Brno the bld/c, Conn a,rtt ro the nest no,,ldtorhood park art Ranch Road_ Page 13 Pagc 14 a \�\a 2. ° w .& o,. r % . `° +`_ ! . wu s aa ... m gcm ,) whim(fie > +,mnal 2 I'l,"ll,cheld a it along L, .a, <,:« ,;.m, Portland page 15 Ranch - Mattaponi This arcs tics between existing single- lamily and townhouse residential development. 'phc parcel is too narrow to support a conventional street with parcels on each side because the resulting parcels would be very shallow. Moreover, most of this parcel is impacted by airport noise, Airyon studies, however, project that it will be outside the noise impact areas by 2025. l he wcstcm at'] (ion if Ill parcel will not be an attrac- tive residential development opportunity nor 10 or more years. Thu plan recommends Ihat the northeasltill ponion be developed as a tieighhor- hood park (depicted in solid green) and the homage along lvlattaponi and I.elvi +ton be Iesencc] fora lInure small -scale neighborhood center hhc remaining and should be concerted to passive natural area (me(hum green) that will not squire iutcusive nrai tile nancc.Analui aIistic form of gardening called "ed ible lot csl gardcrimu" would be an ideal option. The forma can path should serve as a feeder trail to the proposal grceuway, The natural area and neighborhood park should be retained by the City. Development of the natural area, trail, and park will depend on availability of public lurtding. "the drainage and preservation areas, if used to support development, should be comevcd to a developer with conditions restricting them to Ihese uses. Page 16 Sai.eipine umnu dloaght- rv�.iswm write p l i, coil I it be used to .Provide a dsrrnhIc natural area mah little or none of the loner Ill"' iTanl4TanOC eillll rlllreeli )I wrtgra- Ranch - Mattaponi Page 17 Mattaponi- Countryside This area was the location of the Fort ner I Of II and I I th holes and lies between existing single - family development The land has frontage on INN IN streets, with most frontage I}'ing on Countrys'idc Road. I his plan recommends single - family residential development along the existing front- ages of Countryside Road and Coke Road (depicted in pale yellow). 'fhe land area could support 19 to ?S singlFGamily dwellings depending on lot patterns. Lots should be consistent with wishing lot patterns found on Countrveide Road. INN o to Ihrcc single - family lots are ltconmunded on the existing Marmponi frontage. 'rhe area of the former loth and I I th tainvays, betvecn existing and proposed dekel- opment. is too narrow to support additional development and should be retained as a constructed nalmal area that will not require intensive maintenance. (medium gru�n 1. The former can path could be adapted to serke as a feeder trail to the proposed greemvay and horn a circuit with the Rauch- Matlaponi trail. Green strips should be reserved to provide access to the natural area and bail from Countryside Road and Mattaponi Din c.l hcsc snips should contain defined nails feeding to the cenual trail. The master plan illustrates the concept and general location of these green strips, but the precise location, number, and size should be coordinated with it proposed devcl- opntent pattern and evaluated as part of a development proposal. fhc goal is to strike the best balance between maximizing the land available for new development and maintaining the views that existing residents have into the open space. Because of existing frontages and adjacency to strong existing single- family homes, this area is amonR the most aI[ractINC dcvclopmenl oppotunil ics. The Clty should consider Ice simple sale of development lots. Sale should be with zoning conditions or conditions contained in it development agreement that apply the master plan design principles. "I lie nstuial area should be mamma by the City, with development of the natural area and trail dependent upon availability of public funding.') lie drainage and preserva- tion areas, if used to support development, should be conacyed to a developer with conditions restricting them to these uses. Page 18 Matta poni- Countryside ti Single —lami \ \\ esidential \ Ingle-- family -` \ Residential " \ i P p �•" `�9 Single — family \ \ • \ \. Residential QQ„ ` 4 \ \ \ Is Page 19 Frontage The Frontage planning area abuts Higliland Farm Road. Tuckawanna Circle, and I ontage Road. As the low point of the property and (lie route of Lick Run, a large portion of the land should be designated ter prescn ation and natural slonnwater management. Approximatcly?2 acres are suitable for development '[lie pond at the castcn'n tip of the property could be used as a natural stormwater management Icatwre. This area should be oriented to uses that provide employment. The land is Ideal for light commercial such as oItcc,. educational uses, and light indusu mI development such as aesentbly_ Huildim_s should be relaliccly small in scale. Residential uses could be includal in mixed use bur dim ,, I c eastern portion ott he( entral area fronting on' [tick a"anna Circle a designated for smn tar uses. During the dcvdopmcnt ollhis plan, a new development broke ground in the Front- age area on property adjacent to the Countryside property. Ncwbcm Propeities is building a new 20,000 sduare fool otiice and warehouse building to be occupied by Ingersoll -Rand i I mile, solidifying the company s presence and employment genera- tion in the area. There is broad cousatsus that the barn and silo are Scome and should be preserved and reused by an entity otherthan the City. The condition of these structures should be thoroughly assessed to dctennine it adaptive reuse is feasible. the Cm should sell the developable laud fee simple with zoning conditions or condi- tions contained in a dcvdoparent a"icement Ihat apply the design principles. Page 20 Page 21 Central The Central area is the moss usable part of the property and has the most potential to host a diversity of land uses. It contains the to ruler clubhouse and a ihremcourt tennis building. both in fair to poor condition. The plan recommends Ihal most of the land be dedicated to new residential develop- meat with a mixture of horsing types to include single - family homes, (()wnhonte, . and small apartment buildings. Different housinfl types Should be woven (()(ether in each block, thus the master plan diagram shmvs "Residential Mix.` Apanman build- ings should be small in scale and art nu »I appropriate at street intersections to lake adr antage of additional fromage for strecl parking. Roanoke', neighborhoods pica ide many exaatples of successful miring of housing (ypcs within the same block. The 2007 Pm '/s and Recrtofion A- lrr.r(rr-PlmI noted that Roanoke has a general short- age of athletic fields for its population and specifically a 22 Geld deficit far soccer football fields. The property ()hers au opportunity to increase the supply of fields and provide a venue for regional sports tournaments- A cluster of four fields a optimal for hosting the tournaments that result in positive economic impacts by bringing visi- tors to Roanokc.'Ilie southern portion of the Central area is idenfiGed as the optimal location for recreational use geared (oward athletics because of its easy access via Pemcli Off Avenue and its proximity to William 1 lemiug high School- The area to the cast- designated as residential on (tic master plan— should be considered as an op- (ion for creating an expanded recreational Luca (indicated as area within the dotted green line). With the addition of this optional area, the area south of the extension Countryside Road emld accommodate up to four athletic fields. The design Lnd scale Of new athlete f lClh(ICS should be carefully evaluated to ensure compatibility with (he uur()undlue land uses. Park infrastructure should include both neighborhood and contmmllity park areas. The Commission discussed the lennis building and delennined that retaining it could be considered only if significant improvements to its appearance are made heyond simple rehabilitation. The metal -clad building Should be refaced and improved with windows. Single -story- additions could help step down the mass of the building and help it fit into a neighborhood context. Several groups have expressed in using it as pan of an athletic complex. Pa(c 22 Central 1 ♦ t \ o.amage• ♦ pP ♦ � ♦ .Pp F F9ryC��s \11 i�CKAWPNNPOft tt` Page 23 'I he northern portion should be reserved for suture neighborhood commercial dcvcl- opntent. The area is I clan, CIN small (about (,uc block in length) the existing low density dcvclopntcnt in the area is not likely to support such development nom, but could in the future as density bun Ids up and 1_ick Run greemvay is routed through or near the site. The community market recommended on or near the Portland site could catalyze development. The former clubhouse may not be retained long -teno because it occupies the location of the future neighborhood center: h could serve a private -secmr interim use over the shop term such es a market or meeting spacc, or it could be reconfiguied to fit within an Colvin') neighborhood censer The land on the eastern pan of the site fronting on Tuckawanna CireIcis designated for the same type of emuntercial development described for the Frontage area. Ilre Commission considers it highly- umncdcd street system to be a crucial feature in the development of this portion of the site. "Fhe masler plan diagram shows short block lengths of 400 to 600 feet, which is comparable to blocks in Roanoke's tradi- tional neighborhoods. "lhc proposed street system will provide mobility for Ihc new neighborhood and en- hance connectivity of existing residents is the incur Ferncliff is effectively extended north to Lewiston. Such a connection has caused concern among residents pill lei - Pat tit, in the planning process, so the street Will need to be carefully designed to encourage Nellie Ie spcals appropriate for a neighborhood setting_ While acknoWIedg- ing these concerns, Ihc Commission considers the proposed street connections to be fundlimcntaI features in the design of the new neiglthorhood. Rannoke's Street Design (in ideGties provide street corn gumt ions Ihat can encourage slower vehicle speeds through their design. Alleys should provide access to rear parking areas, and a place for service such its refuse collection. Alleys could be a location for creative s'lormwatcr management ap- proaches. The City should consider sale or case o the areas not retained as a community park with zoning conditions or conditions contained in a development agreement that ap- ply the design principles. Pa ,e ?4 Local examples of town- houses and small apanmcnt buildings that can be mixed in among single - family dwcl linss. Page 2S RPZ (Runway Protection Zone) The RPZ is owned by the Roanoke Regional Airport Commission. Fven though the City has no ownership interest, it was important to consider the possible uses the property could Support 'I here was considerable discussion on the RPZ at one planning session k=ith Efren Gonzales, Deputy Director of the Commission. Because the RP7 is designated to pro- tect people and property on the ground, the airport stall is wary of any use of the land that might allow or unmet people. Another concern is any rise that might alnact birds. which in c obciouslc a hazard to natigation A large portion of the tot cei gull course wits located in the RPZ. Hr. Gonzales indicated I Ira l use was permitted to be continued as a "grant tat tercc usq h Lit cou I r not be newly cstahlishcd or re- established now that the Course is closed Airport staff was wary of the idol of agtiathwal use because it may attract birds. Hmvnrcrit solar collector'(nrrn" is a possibility. Finally, (here was discussion about the possibility of a greemvay trevcrsiug the laud Airport staffwas not optimistic that the FAA would approve of the use because it would attract people. Potential uses of the land are very limited, but there is an attractive opportunity to route the Lick Run Greemvay On the propeov. The greenway need not traverse the center o he RPZ. but Ihere would lie great advantage to a route that skirted the edges to Gain access to it bail head in the preset at ion area near Laurel Ridge Road. At the January 2010 open house session, many attendees supported the grccmvay route through the RP/, fhc Commission recommends the Cfly pursue a definitive atl- ing on a greenwav traversing the land and perhaps seek a variance in considetation of • route along the cdgc(s) off lie RPZ. Fhis plan also recommends the airport consider • greemvay use along the portions of airport - owned properly Thal is not within the Iimils of the RPZ. It the grecnway cannot be routed through the RPZ, it will need to be routed alongside existing streets in the area. Pagc 16 RPZ Open Space Pa,e?7 Greenway and Trail System The Lick Run Phase LO Greene'ap study recommended a route in the vicinity of the Countryside property. Parks & Recreation staff studied possible routes for a greenway extension through the dcyclopIacin There is nennendous potential to create a central spine of grccnway with feeder trails conuceting into it. In addition to providing con- nections from the nawral areas, there should he short connections providing pedes- Itian and hicycIe links horn the dead endsot Dnnsbury Driye and Fairhopc Road. A circuit ofwalkin, wails was often cited by residents as a highly- desired amenity. Mam of the fnmter golf course's earl paths could be adapted as pads. I he PICICrrcd route lot Il]e Lick Roo Grecmcax enters the properly }om I entchif Road near William I'leminfl and foll0vys a south -11111th pall] to the future neighbor- hood center. Prom there, the drecnway continues north through n portion of airport properly (non -RU) then skirts along the edge of the RPZ to a trail head at Laurel Ridge Road- Feedback at the January 2011 open house indicated eery strong com- munity support for this proposed route Because there is concern about such use of the RPZ, such it route kill require further discussion with the Roanoke Regional Airport Commission and slafl.. A route along Lewiston Street and Laurel Ridge Road Is shown as an allaamti.e- ['age 28 Tra Page 29 Environmental Repair and Preservation As an urban stream, Lick Run and its inhutarics should be assessed to identify op- ponuniGes far restoration action. With turf fertilization operations ceased. some im- provement of the water quality has certaindv begun to occur already. Such restoration may include actions such as removing cukcrts. restotin, regrading floodplains, and construcling/expandine wetlands. At a minimum. unneeded culverts that trap debris and preclude natural flow patterns should be removed. Riparian butlers should be established through preservation or reNegela(ton with native plant species. I costing trees and torch( naginenls should be preserved to the greatest extant pos- sible- AC oldingly. this plan sets un A forest fiagn ents aside For preservation. Where nee rcwo,al is unavoidable, the tree canopy should he replaced. Roanoke's zoning ordinance requires that development include a certain amount of occ canopy and encourages preservation of exuding IrcCS Through extra credits toward the required canopy. Development of steep slopes should be avoided as well. Such areas, often wooded. were identified and designated for preservation. Consequently. few if any areas for development Will require extensive grading. Natural drainage techniques should be employed throughout the dcvelopntaa. Stornt- tNater ntanagennent. which addresses both the quantity and quality ofwater entering natural wateiwiv,. should avoid approaches where water is piped and concentrated into large basins (ha( are usually unattractive and sometimes nuisances. Rather, devel- opment should have a decentralized systenl where treatment stnstures are kept open and have a natural appearance. there are many accepted practices such as retention ponds, open channels, and filtration areas that can be attractive amenities ratherlhan liabilities and can even nndtitask as usable features. Such techniques are well - illustrated in the the Light brgn in I llandhooA, authored by Roanoke native Tom Low CA Dp/. Page 30 C untryside Property 10 Topography and Hydrologic Features CCC Page 31 Development Strategy In working Ihrough the process, plans have been drawn with a Inch level of detail- - doron to the lot sizes and building placements —to test how concepts would work. The final master plan is less detailed whh no buildings or lot lines shmon. Less detail leaves room for creativity on the pan of developers to propose feasible projects. Suc- cessful proposals may not Zook exactly as shown on the plan, but they must adhere to critical design principles and specified land uses. A developer, tor example, may pro- pose curved streets rather than straight one, ht the case of stre as, the critical dentures to consider arc the block length and the Icvcl of connectivity provided. tile It' could consider dCClopmenl incentives in accordance udth its policy where there arc ex(raordiIIary expenses associated with the development. Most of the did- tic aIt -to- develop land has been designated for preservation so no such development barriers are known. but I ev could Ca i,e. Incentives such as below - market consider- ation for the land could be considered where the value and yuelity Ott ee proposed de- vclopntent are clearly extraordinary. Otherwise. any sales of land should be at market value [ach proposal should have a dcntostnble financial benefit to the City either in terms of monetary consideration or through future revenue increases. Thcre arc hvo general tools to ensure the master plan is followed. The first Is the rc- zoning process. Any uses other than recreational or agricultural uses must go through the rezoning process where the Commission and City Council can effectively evalu- ate adherence to this plan. The second approach is through development agreements executed as a condition of sale. When the golf course was in operation, the City needed to have it single developer lake on the entire dcvelopntent because development of any portion of tls property meant the entire course would be taken out of operation. This approach was probleut- atic because developers land to focus on a single niche such as residential or amaner- ciak thus limiting the pool otpolential de, elopers to those who are willing to take on mixed -use projects as a master developer With the golf course closed, the City can nnarkel madder, more manageable develop- ment opportunities and invite proposals for developnteut of smaller portions of the property over lire. There are likely to be many developers, but the master plan will act as the glue holding the pieces Iogether and ensuring goodie] at to riships between uses. As developmett proposals are cvaluatal. the thb cl on other sections of the development nwst be assessed to ensure future phases remain feasible. "the City must ncccssai by assume a cat ctnkcr role to ensure such big picture issues arc considered. Page 32 Implementation This plan recommends that each area be marketed as an opportunity and solicit proposals with lace slicers hosed nn existing templates used to advertise other City - owned properties, with added information about area demoemphics and housing markets. As proposals are submitted. a (earn should be Rrrmed to evaluate them. phis team should have representatives from the Planning Commission and city staff such as finance. real estate, eneinceri ng, parks and recreation. developmeu review, and plan - ain-. Proposals should be evaluated hosed oil their adherence to the design principles and land use arrangements spc:ified in this plan. Olhcr important convdcratimu include the financial benefit or cost to the Cdy, the benefit provided to the area and the relationship to the existing community. Proposals should he made with it general concept in mind, with detail being added after there is consensus that the idea is ac- ceptable. This team could re -iew conceptual proposals and make recommendations to C it" Council. Moving forward into the development phase, the City must be satsitive to the con- cerns of the surrounding community. This will require a balance between a devclop- cis' need for conf clentrality and the need for public transparency. Public Improvements Concun'ent to marketing development opportunities, tire City should identify priori- ties for public investment in recreational amenities, construction of natural areas. and stream restoration. Planning and Parks and Recreation staff should work together to develop planning -level cost estimates for these proposed public improvements Construction of greenways and bails Construction of park anaemic, Constnuction of natural areas Development of athletic facilities Bnvironutental improvements Page 33 Once the costs to these improvements are known. potential funding sources should be identified. Generally, funding should be included in the City s Capital Improve - recut Program Where avadHblc, ICaleaI and state grants should be sought to leverage funding for ell, non fit Cali l imp (IN elocal, I III III ediite i trip lemcmation It sonte public amenity within hvo years is desirable. Such investment would demonstrate the CnN's commitment to the public amenities and in turn instill confidence in po let linI des - elopers that the City intends to carry out this plan. Based on public comments and pra%IousIN, adopted plans, the greenway and trail sysou should be the pnonty Ibr public investment, even tfthis segment of Lick Run greenway does not iuu led iately connect to the csistirt, Lick Run ( Ireemray Conclusion Since Ilse City purchasal the property in 2005 with the intent of developing it as a mixed -use housing cluster. Icadcuts in the Countryside area have felt uncertain about what will happen, Flits master plan provides cxistinc and prospective residents with more certainty about the nature of development that could occur next to diem. Because development is market - driven, there are no assuances about tinting. Nor can there he assurances that the plan will not need to be amended at some point in the future. However, any modification will be subject t o t he public processes of land disposition and zoning amendment. The planning process has been deli berate and citIzcas havebeen heavily 111% oh. Ihrougho n the process_ Staff and the Commission could not accommodate all re- quests, some of which were conflicting. but all comments were heard and considered. PaIicnec is an imponaut virtue as we eurerge fro in a severe real estate downturn. The properly is large, diverse, and Iragmcntcd. Strong neighborhoods develop and evoke over many yens and it would not be unreasonable to assume that full build out (night lake up to 20 years. Certain parts of the property may develop quickly while other pails may take many year before development opportunities arc realized. 11 may be that t lie City will [lax eto cons ider several proposals lie lot a the ideal development is idcmified for a particular area. Roanoke has no other such opportunities to create a new neighborhood. Compromising in order to accelerate build nut should he resisted. It done carefully and dclibcalcly, the Comurvside properly is certain to become au exlraordiuray new, community. Page 34 Design Principles: Orienting features Orienting features. Use identiliab le buildings or amenities to help other dcvdop- [nent fall into place. Snares, racks_ and civic space should be included as oritauine femures for devel- opment. Buildings that front on then should define their cigcs. Create a center. The neighborhood should have a main orienting feature that may be made up of multiple important features. Wain buildings. Use main buildinus:u orienting leamres around which to arautge other development. Examples include convuercial buildings, nmltifamily buildings, places of worship, or institutional buildings such as a school. recreation center, or community center. Future neighborhood center. Rescnc land forthis orienting feature in a strategi- cally appropriate place for a future neighborhood center to provide opportunities to live, work, shop, play, and interact in a neighborhood selling_ Urban agriculture. Urban agriculture can catalyze development with a community market closely connected to the location of food production. Streets become an important orienting feature, but should be seen as something pro- viding access to development. Appendix A: Design Principles i Design Principles: General Arrangement Residential densities should generally he higher within and near a village center, and become lower wide distance from the village Centel-. Residential diversity. Provide a variety of dwelling lypes that allow people of dif- ferent life styles, ages, family composition, income levels, and tastes to live in close proximity and to interact with one another. I lousing fur elderly people and mullifam- dv buildings should be nucautted into the neighborhood rather than clustered in an enclave. Consider using nwllifamily buildings us 'maid' buildings around which to arrange other uxs. Recreation facilities should he iutcarated into neighborhood fabric rather than set off from it. Consider using a recreation - related building as a "main' building. Consider non - traditional or unique recreational opportunities. Having a picnic shelter feather- ing place), preferably on or near a grccmeny, is essential. Preservation areas such as riparian buffers, Iloodplaius, wetlands, steep slopes, and existing wooded areas should be designated as areas to remain in a natural state (al- lowed to revert to a natural stale). Commercial and community agriculture. Reserve land to grow food and market it locally. Use land effietenth. All spaces . whether for building, parks, or preservation should be deliberately designated. Building /lot orientation, Carefully consider where back -of -house activities occur (e.g., trash collection, utilities, loading, deliver}'. and parking) and locate them in Less conspicuous locations. Emolmr men t. Light industrial establishments are desirable, even in close proximity to residential development, where operations generate minimal or no oR -site impacts. Appendix A: Design Principles ii Design Principles: Mobility Greenways and bikeways should be fundamental part of hansponation and land use planning. Link orienting features with trails so they function for both mobility and recreation. Consider feeder trails that connect to the grccmvax system. Street connectivity New development should have streets that provide connection. pedestrian amenities, and have minimum pavement width. Consider extension of existing public dead-end streets where appropriate. Dead -end streets. public dead end sticUS should be acoidcd hccuuse dtey do not benefit any citizens other than those with frontage along it. Dcad -end sheets or drives that are neccs'sary due to existing dnrloputcm patterns or topography should be pri- vately owned and maintained. except where they can provide public bike an pedes- trian coltneclivity. Sidewalks and street trees should be provided along both sides of every new public street. Allevs or narrow lanes should be used to provide access for vehicles to access to driveways or garages in the rear of houses. Consider a dcaclopusnt patient where houses front on a green rather than on a sheet. Streets must be carefully designed to create a superior udtan frontage and discourage speeding. Automobile parkin Q should be sized at the mininum size necessarv. hidden, de- emphasized, broken up into small modules, and wcll-shaded by large trees. Consider on- stied parking in calculating available supply_ Appendix A: Design Principles in Design Principles: Building & Development Forms Traditional neighborhood design Principles should be used in nev development. relatively small lots, consistent setbacks, on street parking. garages to the reari side of main buildings, interconnected streets, narrmv! deep lotting patterns) Add lasting valPc. The "bones" of bui Id rigs. such a structure, windows, fom, and cladding material. should be designed and constructed to add lasting value. Consider multiple life eve Ies of buildings over generations. this principle is especially impor- tant for civic building._ Quality of housing. (lousing should stress the quality outs loon. materials, finishes. and orientation, rather than square footage. the value tilt most new dwellings nest he at or above the regional median in order to balance the City's overall housing supply. The architecture of new housing is important. Standards should be established to stress orientation to human scale (rather than vehicles). Consider front porches on dwellings as a semi- public area to provide ountoor living spaces and encourage infor- mal interaction by neighbor. Environmental responsibility. Dee elopment should use land e fi ci cut ly, encourage energy consen at ion, use rcucvabIc energy resources. Commercial development should be small in scale and provide opportunities for locally -owned enterprise. No portion of the property is appropriate for large scale commercial buildings. Commercial buildings and sites should be designed so there is no need to separate or screen them from residential uses. Front yards should he shallow and consistent. Bringing houses close to the street maximizes roar yard space. Commercial buildings should directly abut the sidewalk. Side yards, typically unused space. should be very small. Connect buildings. Explore housing forms that connect buildings to one another such as townhouses or single- family attached. Consider forms where buildings are connected along their narrow sides with longer sides exposed. Appendix A: Design Principles k Design Principles: Amenities Souares, parks, and civic space should be created deliberately as orienting lectures for development. Integrate a community park. Development should include community park cle- mcnls such as a playground, pavilion. community centedmectiug hall /conference center, basketball court, and tennis amn. I hcsc elements may necessarily be dis- persed among the development, but well connected caith trails. Multipurpose athletic fields (lacrosse, soccer, football) can be incorponned, but have the disadvantage of Min! land - intensive Because fields do not incohe construction of MtUCIUres, the expense for initial development is relatively low; athletic fields should be considered as non - permanent placeholders Ibr a future use in 10- _'0 -30 years. Trees. Streets and parks should have larpc deciduous nee, I secs arc remarkably inexpensive given the value they add. Consider formal arrangements of trees to define and shade streets and pathways. Design Principles: Parks, Greenways, and Trails Orientation. Recreation facilities, opportunities, and landscapes should be integrated into the natural fabric of the project, complementing both natural features and resi- dential living. The center of community life can he focused on a healthy green envi- ronment where natural terrain, forests. and active public spaces are centerpieces of the neighborhood. Reuse of buildings for recreation. The property contains three existing structures: the clubhouse, the tennis building, and the barn. In evaluating the reuse of any of these buildings, consider their long -term sustainability, function, aesthetics, program. and ability to complement the project. These buildings could support both traditional and non - traditional outdoor and indoor recreational opportunities. Appendix A: Design Principles v Park Classification. Use pocterred existing landscapes I accommodate (it Ifering park types such as pocket, neighborhood CC' nrr Lill Ity, and linear. tire ude pocket and neighborhood park features within the residential scale within a 5 minute walking distance from one's home. these features may include picnic shelters, grills, formalized play areas, unstructured open play areas, plus hard court activity areas. Include Community type park features along the petirncler of the residential core, pre telAly buffering, residential troat remit and contntercial land uses. I hose amenities could include larger picnic and outdoor gathering pavilions. Include linear park landscapes (grccmvay s) It, connect coil sercaIioil arras as ident ified herein, weaving such within the various land use I pes such Thal sleep slopes, vlePShcds. coir malion areas, and leresl htgmenls are seam - Icssly connected. Conservation Areas. Preservation areas should be linked via greemvay comdors such that riparian butlers, forest tragments, wetlands. floodplains, steep slopes, and viewshed access arc preserved in their martial state and protected from development. Landowners should inventory and catalogue these areas prior to development, includ- ing the creation of a prescriptive nwnagement plan to insure long -term sustainability. Trails. Multiuse trails and active transport facilities should be a fundamental pail of recreation, land use, and transportation planning. Rcrcuiional trails enable users to experience outdoor settings. Greenway trail., single - track. or double -track trails should be routed within natural green spaces. landscapes. parks, toruu;d areas, natural m.ources, and conservation umes. They should Connect to built -up locations such as residcmial housine retail. village centers, schools, and commercial decclopmeni. Sidewalks and bicycle accommodations should be built within the public right -of -way as part of anv new or upgraded street. Appendix A: Design Principles vi I "..— .....t_ 1,.-,, ....... ing singde-tanuily houses hooting on a green and accessed via a rcar- accessdane. Design Studies Many ideas were tested as part of the planning process. 'I here excepts show some of the configurations shared with the comnnotity to get their feedback at an open house. Some of the idcas shown here were included in the final plan, hot many were discarded in favorof better ones. Study of the area between Ranch Road, Mattaponi Din c, and County side Road - h Appendix 13: Design Studies 3 t `gyp t j. < ��> t n x, .f Commercial development to the Frontage area. Athletic fields near William Plenum_ High School in the area of the tennis building. t 15 Appendix B: Design Studies Newhbodtood commercial and athletic fields. In the final plan, the athletic fields were removed and the neiehhorhood conuner- cial area was seduced to a single block. Single lemily dwellings on the Central area. L'. i O Appaxlix H: Design Studies Acknowledgements City Council Mayor David A. Rowers Vice-%Iavor David R. Tr III kIe William D. Rcslpitch Raphael H. Ferris Sherman P_ I.ea Attila J. Ili icc Court G. Rosen Planning Commission Aneela S. Pcnn. Chair Lori J. KaV, Vicc -Chair Mark K. Futrell Frederick M. William, Kenmit (Kit) I[ale Chad A. Vmd 1111112 I enry Scholz Neighborhood Organizations Countryside Neighborhood Alliance Vnletie Garner. President Miller Court Neighborhood Alliance Daniel Hale, President Department of Planning, Building, & Development lom Carr. Director Project Manager Chris Chittum, AICP, Planning Administrator Project Support Stevcn Ruschor, Director, Parks and Recreation Daniel Dart, Landscape Architect Planner Frederick Gusler, AICP, Senior City Planner BT Fitzpatrick, City Planner GIS l'echnician Mariheth Mills. City Planner If Erica Taylor, Presematiou Plauncr Donnie Underwood. Parks and Greemvays Planner Countryside Master Plan Proposed Amendment Summary • Delete references to urban agriculture • Change graphs and charts • Designate Portland for recreation • Consideration of athletic fields Considerations • Enables athletic fields • Precludes agriculture as a principal use • 15 -field deficit; recreation needed in the area • Four of five initial concepts Planning Commission • Motion to approve failed on 2 -5 vote • Commissioners: Give agriculture "time to work" • Less concerned about recreational designation Follow up • Delayed Council consideration • Met with residents in the Miller Court neighborhood • Discussed concerns and desired amenities • Staked boundaries limits of proposed athletic fields • Location and number of fields, screening, and walking trail Single - family Residential _- AAgrkWwre MAP TO BE REPLACED a w^ f \MA `T( PLC Master Plan \A M` .� a� \ ' a X . Land Use Key single- family Residential Single - family or Townhouse Reslden[ial III FLEMING HIGH FGHOCL tv \A M` .� a� \ ' a X . Land Use Key single- family Residential Single - family or Townhouse Reslden[ial III FLEMING HIGH FGHOCL It lightin,o is used. a slundtl h<shie7dcd and milted to eliminate light ipiIInrer and glair. bi addition Roanokc Regional disport comniswon Icmnt, an coscnmvn orIt III,, po pern t hi, h prohibit, (fill a, m in dmt nnuld mic, foc p ith 111 nm igatiwr. l o p,w ( C onnn c.7nn'tda univirauan ha, indicatc,l it ), add nrtd to ic,,cit api p/mm helot, del, 1m?m -, whether of not lighting ,mdd he prrmittrd. Uerclupmertt n ids athkttI held, n'ould horc the beneh't of en,I,, w, en n npacr is dill' a 1/1'61ed patio.. III ordin,L'h', the Portland nrrn droidd hr d«vi,�nmed )br'rerrrarional re„ and p.c111ical6 cmuidered ac a sitc lur nthAtir NOS .I gicom m eonnrctior glom, L, I, I,tott Road should he dcrcdnprd tan<'mnatlh to proridr cunrenirm nnc s, limn the .Billet Om, t awa m the near ncighhm lood park IIru , m, ,pt shuns potential m'rangement of ntn Jidl vi -e adalebe holds and a Anutllrr I,,,, nce.R-ld d "'I "m al almw Lon nlMa p; m We, a eon r[ nieni eonnecpnn to if,, new ncighburhnod park Page 14 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times _— - - - -__ _— •---- -_____ CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH 166 ROANOKE VA 24011 REFERENCE: 80076514 13096327 State of Virginia City of Roanoke NPH- Countryside Mast 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 eay of September 2012 Witness my hand and I official seal. Notary Public YOngN °'% PUBLISHED ON: 08/31 09/07 J Z:aOtgJC' 930 �S m ' C, o� . TOTAL COST: 428.08 FILED ON: 09/19/12 -- _'____ -------------- ---------- *------- - - - - -' Authorized Signature: Billing Services Representative NOTICE OF PUBLIC NEARING The council of the city or Roanoke wilt hold a public (3R0it NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Amendment of Vision 2001 -2020, the City's comprehensive plan, by amending the Countryside Master Plan, adopted byCity Council on June 20, 2011. The proposed amendment will change the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and will thereby permit certain commercial, assembly and entertainment, public, institutional and community facilities, transportation, utility, agricultural, and accessory uses, including a site for athletic fields. A copy of the plan is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 22thday of A ugust , 2012. ( — 11MN,de Mat,, do, Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish once in the Roanoke Time on Friday, August 31 and Friday, September 7, 2012. Send affidavit to: Send Bill to: Stephanie M. Moon, MMC, City Clerk Rebecca Cockram 215 Church Avenue, S. W., Room 456 Department of Planning and Building Development Roanoke, Virginia 24011 215 Church Avenue, S. W., Room 166 (540) 853 -2541 Roanoke, Virginia 24011 (540) 853 -1330 NPH.Country9de Mnger Plaad,C Susan Hall -2237 Ranch Road, NW, Roanoke, VA -the street that abuts the property in question. I have no plan to reiterate all the prior discussions of the past 7 years concerning the Countryside property or the Master Plan - everyone here is aware of those meetings and discussions with the City Planning Commission, the City Planning Dept., two City Managers,-at ur Countryside Neighborhood Alliance meetings, and with you, OUR CITY COUNCIL. You have heard it all anyway and that would take months and I only have 3 minutes. One new item I have been made aware of that you need to consider AND I have asked the FAA for their direct input. On landing, the airplane glide path to Runway #6 —the airport's longest runway —is directly over this 12 acres in discussion. This 12 acres is LESS THAN 1 MILE from Touchdown on Runway 6... and the plane has already gone past the last chance to pull up to abort approach. At this point, planes also are at 500 feet OR LESS and DECENDING and I understand most airplane accidents are on landing. Are you really sure you want children playing on this land under these conditions? We believe the Countryside Neighborhood has spent more time on the Master Plan than the City ... and we were pleased when you, OUR CITY COUNCIL, approved the Plan submitted by YOUR Planning Commission last year. Now, all we ask is that you follow YOUR Planning Commission's recommendation today and leave the Countryside Master Plan alone and not make any changes. Thank you. Good evening Mr. Mayor and Members of City Council. My name is Greg Feldmann, and I am here this evening to speak on behalf of the Northwest/Wilmont Recreation Club and the Roanoke Valley Youth Soccer Club. As City based non - profit organizations serving youth between the ages of 6 -18, we would like to go on record in support of changing the land use designation of the Portland Planning Area from Agriculture to Recreation. We believe that recreational development of this area has the potential for generating many benefits for our youth and community, including: • partially addressing the shortage of rectangular fields in the City, as identified in Parks and Recreation Master plan; • potentially being part of a multi -sport complex that can serve as a site for local and regional youth sporting events that will draw visitors to our City who will spend significant dollars on lodging, food and other goods and services, which in turn will generate local tax revenues. We encourage each of you to vote in favor of the re- designation of the Portland Planning Area for recreational usage. Thank you! NOTICE: This communication from Skyline capital Strategies, LLC, including attachments, if any. Is intended as a conPldential antl privileged communication. If received In error, you should not copy, save or reproduce in any manner or form, but delete Immediately and notify the sender. j)/)C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39512- 091712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property, located at 802 Wiley Drive, S.W., Roanoke, Virginia, bearing Official Tax No. 1121401, to 5311 Holdings, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on September 17, 2012, pursuant to § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a parcel of City -owned property, located at 802 Wiley Drive, S.W., Roanoke, Virginia, bearing Official Tax No. 1121401, to 5311 Holdings, LLC for the purchase price of $2,000, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated September 17, 2012. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 0Co tvey 802 Wiley Dr to 5311 Holdings LLC 9 17 -12 doc ATTEST: �y� �lerk. . 1 r ItICl+J �I CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Public Hearing to Authorize a Contract for the Sale of City -Owned Property Located at 802 Wiley Drive Background: 5311 Holdings, LLC, which does business as East Coasters Bicycle Shop, (Purchaser) is seeking to purchase an approximately 1.08 -acre portion of the parcel and associated improvements located at 802 Wiley Drive, SW (Tax Map No. 1121401) from the City of Roanoke (City) for $2,000. The 3,975 square foot building on the site formerly housed the Virginia Museum of Transportation, and has been vacant since 1985. Purchaser intends to relocate their existing business from Roanoke County to this location, which will also include construction of a full- service restaurant. The proposed development plan includes 31 parking spaces, a bicycle parking area and the addition of a deck for outdoor dining. Purchaser has agreed to several contract provisions in exchange for the nominal purchase price. These provisions include: successful rezoning of the property and development plan approval prior to conveyance of the property by the City; the construction of a stormwater management feature to accommodate future development; a minimum investment of $300,000 in the project; and a reversion clause that would return the property to the City should the Purchaser fail to meet certain prescribed project investment and timeline milestones. The conveyance of City owned property requires a public hearing. Recommended Action: Absent comments at the public hearing needing further consideration, approve the terms of the Sales Contract between the City and 5311 Holdings, LLC, as set forth in the attachment to this report. Authorize the City Manager to execute such Sales Contract between the City and 5311 Holdings, LLC, substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to sell the property and to implement, administer, and enforce such Sales Contract, with the form of such ontract and any other documents to be approved by the City Attorney. J---- &_ - _1 ------- - - -- -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director of Real Estate Valuation Robert Ledger, Economic Development Manager Marc Nelson, Special Projects Coordinator AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY 103EXI I This Agreement for Purchase and Sale of Real Property ( "Agreement ") is dated 2012, by and between the City of Roanoke, a Virginia municipal corporation ( "Seller") and 5311 Holdings, LLC, a Virginia Limited Liability Company, 5516 Coleman Road, Roanoke, Virginia 24018, ("Purchaser"). RECITALS WHEREAS, Seller is the owner in fee simple of certain real property and improvements thereon located in the City of Roanoke, Virginia, as shown and described more particularly in the attached Exhibit "2" referred to in Section 1(B) below; and WHEREAS, Seller is desirous of selling the Property and Purchaser is desirous of purchasing the Property for the intended purposes as set firth in a document entitled "A Vision for 802 Wiley Drive," (Project) and dated February 27, 2012, attached hereto and incorporated herein by reference. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Purchaser, intending to be fully and legally bound, hereby agree that the above Recitals are incorporated into this Agreement and that they further agree as follows: DEFINITIONS. As used in this Agreement, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: A. "Effective Date" shall mean the date the last party signs this Agreement. B. "Project" shall mean and include construction and /or renovation work the Purchaser will do on the Building as well as any related and /or connected work that may be required and /or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Agreement. C. "Property" shall mean the 1.079 -Acre portion of the lot or parcel of land and improvements thereon, known as the "Old Transportation Museum Site," which is shown on Exhibit 2 attached hereto and made a part hereof, and being a portion of City of Roanoke Tax Map No. 1121401. D. "Purchase Price" shall mean $2,000.00 in U.S. Dollars. E. 'Purchaser" shall mean 5311 Holdings, LLC, a Virginia Limited Liability Company, 5516 Coleman Road, Roanoke, Virginia 24018, ( "Purchaser "). F. "Seller' shall mean the City of Roanoke, Virginia with an address at: Room 364 Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011, with a copy of any notices sent to Seller sent to City Attorney, Room 464, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. G. "Settlement" and/or "Closing" shall mean the consummation of the sale and purchase provided for in this Agreement to occur as provided in Paragraph 9 hereof. 2. PURCHASE AND SALE. The Seller agrees to sell and convey and the Purchaser agrees to purchase the Property upon the terms set forth in this Agreement. 3. PURCHASE PRICE AND PAYMENT. The Purchaser shall pay Two - Thousand and No /100 Dollars ($2,000.00) in cash at Settlement, in addition to such other closing costs attributable to Purchaser as set forth herein. If payment is by check, the check shall be a certified or cashier's check payable to the City of Roanoke. 4. DEFAULT/fERMINATION. Purchaser shall have the right, until all contingencies set forth in Paragraphs 7 and 8 below have been satisfied, to notify Seller of Purchaser's election to terminate this Agreement and neither party shall have any further rights against or obligations to the other party arising out of this Agreement. 5. REPRESENTATIONS AND WARRANTIES OF SELLER. The Seller represents and warrants to the Purchaser as follows: A. Title to the Property is, and at Settlement shall be, marketable and good of record and in fact, free and clear of all liens, encumbrances or leases. Title will be free of covenants, conditions, restrictions and will be insurable at standard title insurance company rates of the title company chosen by Purchaser. To the best of the knowledge of Seller, there are no title conditions adversely affecting title insurability. Notwithstanding anything else in this Agreement, the Property is sold "SUBJECT TO" such state of facts as an accurate survey of the Property would disclose. B. Purchaser shall have until the expiration of the Inspection Period, as referenced in Paragraph 12 below, within which to search title to the Property and within which to furnish Seller with a written statement of title and survey objections. If Purchaser fails to give Seller notice of any title and/or survey objections prior to the expiration of the Inspection Period, then Purchaser shall have waived the right to object to the same. Seller shall have ten (10) business days after receipt of Purchaser's objections to notify Purchaser as to which objections Seller elects to satisfy and shall have until the Settlement in which to do so or to notify Purchaser that it has elected not to satisfy same. Seller shall have the right, but not the obligation to satisfy all objections which it undertakes to satisfy or which arise after the effective date of this Agreement, unless consented to in writing by Purchaser. If Seller elects not to cure such title objections, then Purchaser shall choose within ten (10) days from receipt of such notice from Seller to do one of the following: (i) terminate this Agreement (except for any obligations which are specified to survive any termination of this Agreement) and receive a return of the Deposit, or (ii) close and receive the deed required herein from Seller irrespective of such title objections without reduction of the Purchase Price. If Purchaser fails to give Seller written notice of Purchaser's election by the end of said ten (10) day period, Purchaser shall be deemed to have elected not to accept the Property and to have terminated this Agreement as set forth in clause (i) above. C. Purchaser, at Purchaser's sole expense, shall elect to have a survey of the Property prepared by a Virginia registered land surveyor ( "Survey "). On or prior to the expiration of the Inspection Period, Purchaser may deliver a written statement of any objections Purchaser may have to matters shown on the Survey. If Purchaser provides any objections to the Survey, the provisions of Section 5(B) shall apply thereto. D. The Seller is the fee simple owner of the Property and has all necessary authority to sell the Property. There are no other contracts for sale or options involving the Property. There are no leases affecting the Property. Notwithstanding anything else in this Agreement, the Property is being sold in its "AS IS" condition at the time of Settlement. There are no eminent domain or condemnation proceedings pending against the Property, and Seller has no knowledge of such proceedings or of any intentions or plans definite or tentative that such proceedings might be instituted. There are no actions or suits in law or equity or proceedings by any governmental agency now or pending or, to the knowledge of Seller, threatened against Seller in connection with the Property. There is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Property. E. In the event any of the representations, warranties, additional undertakings of Seller in this Agreement and /or other responsibilities of the Seller, as set forth in this Agreement, are not accurate and cannot be or are not ratified or fulfilled prior to Settlement, then the Purchaser shall have the right at its sole option, to take one of the following actions: (i) waive the inaccurate, un- ratified or unfulfilled representation, warranty, additional undertakings and /or responsibility of Seller, and proceed with Settlement hereunder, provided, however, that such waiver shall be in writing, or (ii) terminate this Agreement, whereupon all rights and responsibilities hereunder shall be null and void, and neither party shall have any further obligations hereunder. 6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. The Purchaser represents and warrants to Seller that the Purchaser has the financial ability to purchase the Property. 7. ADDITIONAL UNDERTAKINGS OF THE PARTIES. A. The Seller agrees to remove any City -owned equipment or materials from the Property prior to the date of Settlement. All such equipment and materials shall remain the sole property of the Seller. B. At Settlement, the Seller agrees to execute, acknowledge and deliver to the Purchaser a Special Warranty Deed ( "Deed ") in proper form for recording, conveying the Property to the Purchaser free and clear of all conditions, restrictions, liens, encumbrances or agreements except for such state of facts as an accurate survey of the Property would disclose. C. The Seller agrees to give Purchaser possession and occupancy of the Property on the date of Settlement, as set forth above. D. Seller agrees to deliver the following to the Purchaser at Settlement 1) The fully executed Deed. 2) Any other documents reasonably required by the title insurance company or Purchaser. OBLIGATIONS OF SELLER AND PURCHASER TO SETTLE. The obligations of the Seller and the Purchaser to settle on the Property pursuant to the provisions of this Agreement shall be subject to the following conditions: A. The representations and warranties of the Seller set forth in this Agreement shall be true and correct on and as of the Settlement as though such representations and warranties were made on and as of such date. B. The Purchaser shall apply lot appropriate rezoning from the City of Roanoke within thirty (30) days after the completion of the Due Diligence period referred to in Paragraph 12 below and shall diligently pursue in good faith the rezoning process. Furthermore, if the Purchaser's rezoning application of the Property for the purposes set forth in the above - mentioned proposal is denied by City Council, either patty may terminate the Agreement by written notice of termination to the other party. C. The Purchaser shall apply to the City of Roanoke for review and approval of a Comprehensive Development Plan and Subdivision Plat within ninety (90) days of the Property's final rezoning approval by City Council. Such development plan and subdivision plat approval must be obtained within One Hundred and Eighty (180) days of plan submittal to the City. Time frames contained within this paragraph may be subject to extension by mutual agreement of the Purchaser and Seller. Either party may terminate this Agreement by giving written notice to the other party if this condition is not met. D. The parties to this agreement understand and acknowledge that both the Property and the adjacent City -owned property are located within the 100 -year floodplain. The City recommends stormwater management systems constructed within the floodplain adhere to a Low Impact Development (LID) approach to development. For guidance on LID design and construction, consult Article IV, Section 11.1- 14(1), Section 11.4 - 14(0), and Section 11.4 -5 of the Code of Ordinances for the City of Roanoke, as well as Chapter 2 of the City's "Stormwater Design Manual" Unlike traditional stormwater management systems with runoff piped to a basin and outfall, LID seeks to control stormwater at its source, integrating small -scale measures scattered throughout the development site: constructed green spaces, native landscaping, pervious pavers and a variety of innovative bioretention and infiltration techniques to capture and manage stormwater on -site, reduce peak runoff by allowing rainwater to soak into the ground, evaporate into the air, or collect in storage receptacles for irrigation and other beneficial uses. Therefore, the Purchaser is encouraged to use a low impact development approach to address the stormwater needs of the Property. Should the Purchaser be required to design and install any stormwater facilities, the Purchaser shall consider the adjacent City -owned property as indicated on attached Exhibit "A" when designing and constructing any stormwater facilities for the use of the Property. Hence, the Purchaser shall construct any stormwater facilities to a standard that can handle a capacity of 20,000 square feet of new impervious area. The parties agree that the Purchaser's obligations for a stormwater facility will not exceed $30,000.00. E. The Purchaser agrees that the conditions and obligations of the Purchaser under this Agreement are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from the Seller to the Purchaser, shall survive Closing, and shall be binding on Purchaser's successors and assigns. 9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke City Attorney, or such other place as mutually agreed upon, within thirty (30) days of completion of the above Contingencies. Purchaser shall provide Seller with ten (10) days written notice prior to Closing. 10. TENDER OF SETTLEMENT. The delivery to the Seller by the Purchaser of the Purchase Price and by Seller to the Purchaser of the executed Deed together with all other documents and instruments required to be delivered by either party to the other at the time of Settlement by the terms of this Agreement shall be deemed to be a good and sufficient tender of performance of the terms hereof. 11. SETTLEMENT OBLIGATIONS OF THE PARTIES. The cost of any title examination and recording taxes payable in connection with the recording of the Deed and costs for all applicable public hearing advertisements and other costs shall be paid by Purchaser. Other Settlement costs shall be charged as is customary in Virginia. Each party shall be responsible for costs normally paid by Seller and Purchaser respectively and each party shall be responsible for any other fees charged to them, as agreed upon by them or their attorneys. 12. INSPECTION PERIOD. Purchaser shall have sixty (60) days from the effective date of this Agreement to complete Purchaser's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Purchaser's use of the Property. Should Purchaser determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Purchaser's sole and absolute discretion, Purchaser may terminate this Agreement by notifying the Seller in writing as soon as possible, but no later than five (5) consecutive calendar days after the end of such Inspection Period, of Purchaser's decision to terminate the Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Seller and Purchaser mutually agree to modify this Agreement to address any such issues. 13. REVERSION. Purchaser shall comply with each of the following conditions: A. To commence with construction activity, as defined below, within six months of Closing date. For the purposes of this paragraph "construction activity' shall mean that the Purchaser has hired a contractor or contractors to construct and complete the Project and that such contractors) has obtained the required building permits and licenses and is actively working on the Project and will continue to do so, without interruption, until the Project is completed. B. To have the Property actively operating and businesses open to the public within eighteen (18) months of Closing date. C. The certification of construction - related expenditures (to include architectural, engineering, legal and related costs) of at least $300,000. Such certification shall be delivered by the Purchaser to the Seller's Office of Economic Development within sixty (60) days of opening of a business or businesses to the public. D. In the event that Purchaser has not met these requirements, Seller shall have the right to demand that Purchaser convey the Property back to Seller. In such event, Purchaser shall deed the Property back to Seller free and clear of all liens and Seller shall return the Purchase Price to Purchaser. In such event, Seller shall also be entitled to a deduction for reasonable rent for the time that Purchaser owned the Property, and a deduction for any damages that may have been caused to the Property. Utilities and taxes shall be prorated as of the date of the reconveyance of the Property to Seller. 14. RIGHT OF FIRST REFUSAL. Purchaser agrees that the Property herein conveyed shall not be offered to be sold or sold to a third party by Purchaser for a period of five (5) years from the date of Closing (Settlement) without the right of first refusal having first been offered to Seller. In such event, any offer to purchase the Property shall be a bona fide, arms- length offer and shall be presented to the Seller and the Seller will be provided sufficient time to review such offer, not to exceed forty -five (45) calendars days from the date of the receipt of the offer, and respond to the Purchaser of the Sellers intention to match such bona fide offer to purchase the Property. 15. RISK OF LOSS AND CONDEMNATION. Risk of loss shall be bom by Seller prior to Settlement. However, in the event of any damage to the Property prior to Settlement, the Purchaser shall have the election to Close as required hereunder without diminution in the Purchase Price and with the assignment by Seller of all Seller's interest in payments for damage to the Property. 16. REAL ESTATE BROKERS: The parties to this Agreement agree that there are no real estate broker's fee due as a result of this transaction. 17. GOVERNING LAW. By virtue of entering into this Agreement, Purchaser agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict law of provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia, as aforesaid. Purchaser further waives and agrees not to assert in any such action, suit, or proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum, or that the venue of the action, suit, or proceeding is improper. is. ASSIGNABILITY: This Agreement is not assignable to any third party without the expressed written consent of all parties to this Agreement. 19. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 20. ENTIRE AGREEMENT. This Agreement, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Agreement and the exhibits hereto. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. (SIGNATURE PAGE TO FOLLOW) IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their authorized representatives. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA (Seller) By Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this _ day of , 2012 by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My commission expires: WITNESS /ATTEST. Printed Name and Title § To -Wit: Notary Public 5311 Holdings, LLC, A VIRGINIA LIMITED LIABILITY COMPANY (Purchaser) Wesley Best, Managing Member SEAL The foregoing instrument was acknowledged before me this day of , 2012, by Wesley Best, Managing Member of 5311 Holdings, LLC, for and on behalf of such entity. My commission expires: Notary Public Approved as to Form: City Attorney Authorized by Ordinance No. G Approved as to Execution: City Attorney SEAL Exhibit 1 to Purchase & Sales Agreement dated , 2012, Between the City & 5311 Holdings, LLC. C/I/i/SLA/ 3544 Electric Road, Roanoke, Virginia 24018 540- 774 -7933 roanokeP_eastcoasters.com BIKE SHOPS Also at 1301 North Main street, Blacksburg, VA 24060 February 27, 2012 Approximately four years ago, I received a call from Lisa Soltis in the Office of Economic Development. She wanted to talk about an idea for East Coasters to open a bicycle rental business in a building owned by the City at 120 Commonwealth Avenue. We toured that property and for a number of reasons, it wasn't going to work. However, I brought up how long I had looked at the old Transportation Museum building in Wasena Park and thought about a bike shop there ... and the conversation was started. We had to put a hold to those talks based on waiting for the completion of the Roanoke River flood reduction project and how it may affect the property. Last fall I started looking at whether or not we wanted to renew our lease at our Roanoke County location and gave Lisa a call. It so happened she had just chatted with Scott Markham who was interested in the possibility of a restaurant at the same Wasena location. Since I already felt that the ideal mix for that building was a bike shop and restaurant, we started talks. Now, here we are. As you'll see in the business plan we're providing, the project makes a lot of sense from an opportunity perspective. It's going to take a lot of work and a lot of creative energy to make that opportunity pay off: this is uncharted territory. There is no other retail in the immediate area. Currently we have an estimated 40,000 cars a day pass by our store on Electric Road and we're part of a vibrant shopping center and retail area. The reality is that through our entire history as a business we've strived to create community and that's how we've been successful. I was on the citizen's committee that wrote the original trail plan for and opened Carvins Cove because I was passionate about the opportunities that would offer. I spent over two years working to convince others on the board and in the City that the Cove was going to be a boon to the area. Now, much of the branding of the Roanoke Region centers around Carvins Cove. I was in on the ground floor of the planning process for the trail system at Explore Park and then spent several years building the trail system there. I lobbied the Mill Mountain Advisory Committee to open trails on the mountain to mountain bikers and then provided manpower to build and maintain those trails. For the last five years I've sent employees to the National Bike Summit in Washington, DC and last year went myself to lobby our representatives for continued funding for projects such as the Roanoke River Greenway. I've volunteered funds form my business to help pay for trail signage at Carvins Cove to make sure users were getting the best experience possible. I've served on the board of the Blue Ridge Bicycle Club and recently have helped start the area's first International Mountain Bicycling Association chapter Club, Roanoke IMBA. For my efforts I was voted 2011 Bike Hero by the Roanoke /Alleghany Regional Commission. As a business, we've been recognized as Small Business of the Year in the wholesale /retail category by the Roanoke Regional Chamber of Commerce and we're one of only a handful of certified Bicycle Friendly Businesses in the state of Virginia (oddly enough, since it seems a no- brainer for a bicycle shop!). We even funded the Bicycle Friendly Community workshop held in Roanoke three years ago. That workshop was the key to getting Roanoke certified as a Bicycle Friendly Community. That makes us one of only five communities in Virginia to have that designation, and one of the first. This certification as a Bicycle Friendly Business is part of our push to bring us to the Silver level of accreditation as a community. In short, we have spent years championing Roanoke. This project is the logical next step. I'm confident that even considering all the risks and challenges involved that this is a good move for both East Coasters and for Roanoke. Though we've kept the project quiet for the most part, we've received substantial support already including from the Roanoke Regional Partnership and the Wasena Neighborhood Forum. This is an opportunity for the City to turn a building that's been vacant for almost three decades into a revenue - producing community hub while supporting not one, but two small businesses. Thank you for your time. We look forward to working with City of Roanoke on bringing this project to fruition. Sincerely, Wesley Best President, East Coasters Bike Shop, Inc Executive Summary This business plan is for the purchase of property owned by the city of Roanoke at 802 Wiley Drive, currently a pan of Wasena Park. This park is the center of activity on the Roanoke River Greenway meaning that an overwhelming percentage of current and prospective bike riders pass by this location regularly. Currently there is no specialty retail or restaurant in this immediate area though there is property there being developed by Ed Walker, one of the area's most successful and visionary commercial real estate developers. We are proposing for the principles of East Coasters Bike Shop, Inc to purchase the property and turn this building— former site of the Virginia Museum of 7 ransportalion and empty since 1985—into a combination of bicycle store and neighborhood restaurant while using the property itself as a community hub. With this project we offer the City of Roanoke the opportunity to turn a building vacant since 1985 into a community hub with the additional benefit of the immediate economic impact of bringing an existing $700,000 /year business (projected to be $1,000,000 /year +within one year of the completion of this move) into the city and giving birth to a brand new business in the form of ]unction Restaurant with projected sales in the first full calendar year of $400,000 +. East Coasters Bike Shop is an established specialty bicycle retailer with locations in Blacksburg and Roanoke, VA. East Coasters opened in Blacksburg in 1974 and in Roanoke County in 1993. The current owner,Wesley Best and Chris Betz — purchased the business in April of 2006 after working there as store managers for more than a decade each. The Roanoke store has been in the same location in Roanoke County since 2003. We've experienced an average growth of 10% per year over the last eight years and have grossly outgrown our current location. Our objectives for this project are: 1. Continue to provide the high quality of sales and services that East Coasters is known for. 2. Increase sales through retail space expansion, better visibility to the active community and the addition of a strong rental bike program. 3. Contribute to the continued success of the Roanoke River Greenway system by bringing a valuable service to the users of the greenway and entire community. 4. Maintain a financially healthy business and validate the trust and advocacy of other people in support of this business purchase 5. Become a forerunner in the economic development of the Wasena area as referenced as a goal in Roanoke's Easena Neighborhood Plan. Keys to Success East Coasters has had success in Roanoke County, in particular in the last eight years. Even through most of the current economic downturn we've been able to maintain strong growth including an average of 18 %/year through the worst of the recent economic do. mum. Much of this can be attributed to our devotion to building cycling in the area including advocating for years for the Roanoke River Greenway (or the past four years we've attended the National Bike Smnmit in Washington, DC to lobby our leaders for continued funding), getting Carvins Cove open to mountain bikes, advocating for and building mountain bike trails on Mill Mountain, and countless other projects. This move gives us'the opportunity to share in and contribute to the success of the Roanoke River Greenway and to have a stronger visibility to this growing segment of the market, one of the most profitable segments for us and one of the most important for the vibrance of the community. The Wasena Park section is a hub of activity and a quality bike shop and neighborhood eatery can thrive while offering a real benefit to the citizens. The purchase of this property allows for East Coasters to have a larger, cleaner, more attractive space in an area that's heavily used by our current customer base while allowing us to reach out to thousands more potential customers who are using the greenways but may not be current clients. In addition, having a restaurant next door brings a vibrancy to the bike shop business while at the same time our customers provide a built -in potential base of customers for the restaurant creating a win -win situation. Much of the success of the project itself is based upon the activity levels on the Roanoke River Greenway. Based on a report commissioned by the Roanoke City Department of Parks and Recreation and completed by Appalachian State University, 42.8% of Roanoke's citizens use the greenway more than twice weekly, while a 2010 report by the Roanoke Valley - Alleghany Regional Commission cites average weekday usage of the Roanoke River Greenway at 695 people while average weekend use was 885. Based on current cost estimates of $300,000- $500,000, the projected cost ofthe project can be covered through current cash flow of East Coasters alone, while the rent provided by the restaurant provides an additional revenue stream helping to ensure the success of the whole project. Company Summary East Coasters Bike Shop, Inc is a subchapter S corporation owned by Christopher Betz and Wesley Best. East Coasters' current Roanoke location is in a shopping center on Electric Road in Roanoke County. The size of the space is 1750 square feet with approximately 1100 ofthat devoted to retail with the remaining space devoted to bicycle repair, office area, and storage. In 2011 our average sales per square foot amounted to $427 versus a national average for bike shops of 5173 and a recognized retail store goal of $300 /square foot. This info speaks to two things: 1) We have strength in maximizing sales 2) We're at (or at the very least very. very near) a ceiling for growing sales in our current location One of the great limiters in growing sales beyond their current level is a lack of space for presenting more inventory. Most .1 the bikes we sell are "special- ordered ", meaning that it takes extra time to complete the process on the sales end and extra time to build each bike we sell "to order ". This hampers our mechanics in the busy season by locking them into building bikes when they could be repairing bikes, creating more happy customers. One of our strategies for increasing sales and profitability in this new space is to have more key bikes — models that are in high - demand and offer several turns a year- - in stock and built, ready to go, providing better service and giving our mechanics time to concentrate on repairing bikes and letting us focus on higher end sales which add more profit dollars. Repairs are a strong profit generator and fast repair tom- around makes customers happy, creating more business when we can get repairs done faster than other shops. Currently we have to store bikes waiting for repair outside, locked up under an awning due to a lack of space in the shop. We're simply bursting at the seams with no more options for maximizing our current space. East Coasters was chosen 2011 Small Business of the Year in the Wholesale/Remil category by the Roanoke Regional Chamber of Commerce. We are an A+ accredited business by the Better Business Bureau. Products and Services Retail Sales I . Bicycles. Our average bike sale is almost twice the national average of $524 at $906 per on it, but we cater to all kinds of riders from casual greenway riders to world champion athletes. We sell many bikes in the $500 range but our average is skewed by the fact that we're known for our custom bikes which generally start at $4000 and go up from there. In dollar amounts we sell more road and mountain bikes but in units we sell more greenway- style bikes. In 2011 bicycles accounted for 41 % of our Roanoke sales. 2. Accessories. We offer a wide variety of accessories. Locks, computer speedometers, fenders, cargo racks, comfortable seats, headlights, helmets, water bottles, panniers back packs /messenger bags, child seats and trailers, bike storage racks, and auto roof rack systems all fall in this category. Much of this category is high - margin and being along the greenway and having more space allow us to maximize this category. Accessory sales accounted for 13% of our 2011. 3. Clothing. Clothing appeals to all cyclists, whether it is a logo emblazoned "Fshirt or a piece of waterproof rainwear. "phis is an area where our limited space is a hindrance to what we currently carry and is an area where we have real room for growth. 2011 saw clothing at 10% of total sales. 4. Parts. Parts generally refers to pieces or materials necessary to the basic functioning of the bicycle. Generally, pans are installed during service [see below] and are an additional charge beyond the service fees. Some, like cranksets, pedals, tires, derailleurs or brakes, are both integral parts and upgrade accessories. Others, such as headsets, bottom brackets, spokes, chains, cables, and cable housings are strictly maintenance, though some wil I be sold to cyclists who prefer to work on their bikes themselves. Parts were 23% of our sales in 2011. Services Our services are what mostly sets us apart from our competition. We bring a level of professionalism rarely found in retail. In particular we're known for our bicycle fittings. In our advanced fittings we spend an average of two hours with a client making adjustments to the layout of their bike to maximize their comfort and performance on the bike. Not only does this provide a real value to our clients but it also gives us a great opportunity to establish long - lasting relationships that create future sales. We have customers travel from as far away as Ohio, Washington, DC and Louisiana to take advantage of our expertise. The location in Wasena allows us to offer an even more professional experience with an enlarged fitting area, upgraded equipment and expansion of our fitting staff. Additionally, our mechanics are sine of the best in the business and we're sought out for their services. A location along the Roanoke River Greenway enables us to better service cyclists while adding substantially to the bottom line by upping the quantity of high - profit, quick- turnaround repairs that we do on a day -to -day basis. East CoastetS Bike ShoHoonoke soles 2008 -2011 Year ❑ aim ❑ xna ■ cos ■ aoc ■ aim mto ■ 3]11 Future Products and Services With this move we see several opportunities for not only new revenue streams, but for marketing enhancements The largest addition to our revenue stream will be through our bicycle rentals. Being right along the greenway obviously opens the door for rentals for casual riders but in addition there's strong demand for rentals ofa higher caliber for more serious cyclists visiting the area. We'll be able to provide this service and are looking to offer delivery to local hotels. These same rentals will be available as "demo" units for people looking to buy anew bike which has already shown itselfto be a great way to generate sales of more expensive bikes. Our proximity to the greenway will be great for road style bikes, and we're only a short ( -15 minutes) ride away from the mountain bike trails on Mill Mountain. As mentioned above, our service department will be busy taking care of lots of little problems for people using the greenway. All those little things add up quickly and are a big contributor to the bottom line. Sales Prolecaons Through 2011 Part of the site plan involves using the property for the enhancement of both the bike shop and the restaurant. It's a perfect site for outdoor dining events such as parties and receptions. For the bike shop we're designing a mountain bike test ride and skills ■ xna ❑ xea area where not only will our ■ pme customers be able to test ride bikes, ■ mn but people in the community will be ■ ■ , xn , able to use it as a P arks P ace. This is © m�a something that Roanoke's Parks and ■ xi15 ■'a6 Recreation Department has been ❑ mn wanting for a while and it looks as if we'll be able to provide it for the better of the business and the community. The ten -year sales history and projections at left account for only modest growth each year, maxing out in 2017 at $920,000. Even at that level, sales per square foot are less than $300, less than 75% of what we currently do. Based on these conservative projections, income from the leased property can be re- invested in the business. Competitive Comparison We have four main sources of competition: • Other local bike shops • Large sporting goods retailers who carry bicycles • Mail -order and intemet sources • Competing opportunities for recreational spending (other hobbies, etc) Our strength versus all of our competition is our one -on -one service and professionalism. As we say in our advertising, "we were to cycling what golf pros are to golf'. We act as consultants for our customers no matter what they're looking to use their bikes for. This level of expertise is something people aren't going to find at any of the other local bike shops, nor the internet, nor at a big -box retailer. It's what we thrive on. Our main weaknesses as assessed both internally and through interviewing current, former and potential customers are our lack of inventory and the dated and cramped appearance of our location. This move to the Wasena Park area gives us a visibility like no other to the right people . Most everyone who rides a bike (or runs, or walks for exercise) in the Roanoke area uses that section of the Roanoke River Greenway. Having a bike shop on the greenway with a great little restaurant right next door will have a lot of appeal. We'll be there to provide all the little things that greenway users may need —air in their tires, flat tires fixed, a little chain tube, a minor gear adjustment —and then when they need something more, they'll remember our service and how great our shop is ... and they'll be back. Market Analysis Summary 23%0 Bicyclists 29%0 Runners Much of the potential business for this project — growth for East Coasters Bike Shop, and new business for Junction Restaurant —comes from users of the Roanoke River Greenway. The Roanoke River Greenway sees an average of 749 users per day. Based on the mast recent data, the user breakdown looks like this From the perspective of East Coasters, u� this is ideal. We're well known in the "enthusiast" cycling community and Other have a strong presence that helps us market to these customers. The harder customers to reach are the potential ones, and people who are already active such as the walkers, runners and "others" referenced in this chap —are ideal. To be this visible and accessible to these groups is an invaluable asset. In terms of potential customers of a restaurant in the area, not only are there the greenway users that will regularly see and be drawn to ]unction, but there are the users of the ball fields that lie within a few hundred yards of the property. During baseball and softball seasons, these fields are in constant use. As the image below shows, restaurant coverage in the immediate area is slim, especially considering the demographics of the Wasena neighborhood and the numbers of users of this section of the Roanoke River Greenway. i In addition to the potential customer base offered by the park and the greenway, there's the Wasena neighborhood itself. As of the 2000 census, Wasena is a neighborhood of 1600+ residents (according to "The Wasena Neighborhood Plan" from the City of Roanoke Planning Division). Using info once again from the Wasena Neighborhood Plan, the area has seen a healthy 20% increase in the 35 -64 year old range, a primary target audience for both a bicycle shop and a restaurant. The distribution of people in the 20 -24 year old range is also higher than in the City as a whole. This is another important group for both businesses. Wasena is the only neighborhood that did not see a decline in property values in the latest adjustment to real estate assessments performed by the City. Cost Summary and Use of Funds The cost of the project will largely be for the rehabilitation of the building into a suitable retail and restaurant space. The plans for the both the bike shop and the restaurant call for using much of the existing structure as -is: the existing concrete Floor is perfect for a bike shop, the cinder block walls allow for the bare -bones look that we're striving for, and the exposed beams allow for a focus on the building itself that is pert of the appeal. In addition we plan to use as much reclaimed material as possible. Additionally, we find it to be a key element of the project to leave the overall feel of the building in tact and to contribute to, not detract from, the park experience surrounding the building and the land. The building needs all new plumbing, electrical, and HVAC upfits since it's currently a shell. The structure is good but all of the mechanical., need to be addressed. A gas line needs to be run for the restaurant Flood mitigation must be provided both to meet code and insurance requirements. Secondary costs will be for upfitting of the bike shop itself: new retail fixtures, lighting, etc. while the principals of Junction restaurant will cover the bulk of the actual upfil of the restaurant: equipment, etc. Current estimates for the project based on draft drawings (through discussions with Rife and Wood Architects, Avis Construction and the Roanoke Regional Small Business Development Center) are in the $300,000 - $500,000 range. The plan calls for the building to be purchased outright by Fast Coasters for the sum of $2000 with the equity in the building being used as collateral for the renovation loans needed. �.,. —__. - i9 e ...... i In addition to the potential customer base offered by the park and the greenway, there's the Wasena neighborhood itself. As of the 2000 census, Wasena is a neighborhood of 1600+ residents (according to "The Wasena Neighborhood Plan" from the City of Roanoke Planning Division). Using info once again from the Wasena Neighborhood Plan, the area has seen a healthy 20% increase in the 35 -64 year old range, a primary target audience for both a bicycle shop and a restaurant. The distribution of people in the 20 -24 year old range is also higher than in the City as a whole. This is another important group for both businesses. Wasena is the only neighborhood that did not see a decline in property values in the latest adjustment to real estate assessments performed by the City. Cost Summary and Use of Funds The cost of the project will largely be for the rehabilitation of the building into a suitable retail and restaurant space. The plans for the both the bike shop and the restaurant call for using much of the existing structure as -is: the existing concrete Floor is perfect for a bike shop, the cinder block walls allow for the bare -bones look that we're striving for, and the exposed beams allow for a focus on the building itself that is pert of the appeal. In addition we plan to use as much reclaimed material as possible. Additionally, we find it to be a key element of the project to leave the overall feel of the building in tact and to contribute to, not detract from, the park experience surrounding the building and the land. The building needs all new plumbing, electrical, and HVAC upfits since it's currently a shell. The structure is good but all of the mechanical., need to be addressed. A gas line needs to be run for the restaurant Flood mitigation must be provided both to meet code and insurance requirements. Secondary costs will be for upfitting of the bike shop itself: new retail fixtures, lighting, etc. while the principals of Junction restaurant will cover the bulk of the actual upfil of the restaurant: equipment, etc. Current estimates for the project based on draft drawings (through discussions with Rife and Wood Architects, Avis Construction and the Roanoke Regional Small Business Development Center) are in the $300,000 - $500,000 range. The plan calls for the building to be purchased outright by Fast Coasters for the sum of $2000 with the equity in the building being used as collateral for the renovation loans needed. Summary We believe that this project is a great example of a win -win proposition for all parties involved. What this project offers the City of Roanoke: • An opportunity to turn a property vacant for almost three decades into a cash Flow generator for the city. • It ties in well to the goals outlined in the Wasena Neighborhood Plan • Offers valuable services to users of the Roanoke River Greenway and the greater Wasena area • Jobs created both in the restaurant and the bike shop sides of the business, in addition to the man hours required for the completion of the renovation of the building • A mountain bike skills park paid for by a private entity but open to the public • Potential for added public parking as part of the site plan for the project • A partnership with a small business that has shown itself to be a strong performer both in a financial sense and as a champion of the City of Roanoke For East Coasters Bike Shop and the principles involved this project is an opportunity not only for financial growth but to take our community involvement a step farther by being involved in the creation of a community hub for outdoors enthusitas. While the demographics of our current local in Roanoke County are currently ideal on paper, based on our research, this property offers the best opportunity for East Coasters to grow to its full potential and remain on solid financial footing. \. `���` /� �� / \�. \�� \; . /�� \ ` \} \ \/� \ \� ` ��� \\ � ©- � ! \� \ 2� �� �� ° � < � \� � \�� \� \��� �< .\ 4 h-R \� y�� \ }�� y \\ \., . ` ������ �`� i�,4 « « \ \� » ? ;: � «. � .. � y 9 » }� � � ..� � `^ \� \ \\ ». �\ <Qi2�~ ! \ « ®2\ wr �-� \' � � \� � �� ^ � � \� \ �x� \ Uhl. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ______________________ EAST COASTERS HIKE SHOP EAST COASTERS BIKE SHOP 3544 ELECTRIC ROAD, SW ROANOKE VA 24018 REFERENCE: 84223659 13103343 NPH -802 Wiley Drive 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 _jPfthday of September 2012 Witness my hand and official seal. PUBLISHED ON: 09/07 Notary Public "I P i-AYA4 ", � f . j NO110E OF PUBIIC NEARING IDe Clty of RoanoNe P ropoaes 1p env y M'o4malelY L� a[rM M CIIMPwmE PmPoM.localM t Boa WIIeY Drira, BW, ' RoanoNe, Vlrgl nla, tlplgraletl as RoanoNe Clly rofri [l ai Tax Map No 1131401.10 5311 Holdings, it which aperales East Coasters fBlrytle Shop. The properly inite forms, housed the Virginia Museum of Transportation . and has been vacant sins 1985. The purchasers r a, businessoto this I ... de, and use the property to, a boa retail and restaurabl Stephanie M. Mean, Clry Clerk (13103343) TOTAL COST: 234.64 hWE FILED ON: 09/19/12 _____ ____________________________i,r tt ______________ _______________________ Authorized 1 Signature: 11MJA Billing Services Representative �i1 C NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey approximately 1.08 acres of City -owned property, located at 802 Wiley Drive, SW, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1121401, to 5311 Holdings, LLC, which operates East Coasters Bicycle Shop. The property to be conveyed formerly housed the Virginia Museum of Transportation, and has been vacant since 1985. The purchasers intend to relocate their business to this location, and use the property for a retail and restaurant business. Pursuant to the requirements of §§ 15.2 -1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, September 17, 2012, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, September 13, 2012. GIVEN under my hand this 4th day of September , 2012. Stephanie M. Moon, City Clerk pileale of dly pmpeny -802 Wiley nr. to 5311 Hold'mprc I L( 9- 17- 12.doc Notice to Publisher: Publish once in the Roanoke Times on Friday, September 7, 2012. Send affidavit to; Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 NPH 802 Wil, D,,c ro 5311 Holdi , L AA.' Send Bill to: Wesley Best East Coasters Bike Shop 3544 Electric Road, S.W. Roanoke, Virginia 24018 (540) 774 -7933 To Council, cc Chris Morrill/Employees/City-of Roanoke@City_of Roanoke bcc Subject Fw: Comment From roanokeva.gov Good morning, Please see the email below, which came to me this morning through the city's website. Melinda Mayo Public Information Officer City of Roanoke Office 540/853 -6357 Cell 540/537 -0042 Melinda. Mayo @roanokeva.gov - - -- Forwarded by Melinda Mayo /Employees /City_of_Roanoke on 09/17/2012 08:32 AM - - -- tskelly540 @aol.com �,:Jq Sent by: Web To melinda.mayo @roanokeva.gov, Sphere /Employees /City_of_Re snake cc r Subject Comment From roanokeva.gov 09/16/2012 02:25 PM Below is the result of your form. It was submitted by (tske11yS404aol.com) on Sunday, September 16, 2012 at 02:25:25 PM. --------------------- ------- ------ ------- --- - - ---- Name: Thomas Skelly Email: tske11y540aaol.com Comment: 9/16/2012 To city council members. I read to -day that Roanoke City is getting ready to sell an acre of Wasena park to a commercial enterprise. We should be very slow to convert city park space into commercial space. I am a big promoter of biking and greenways. However it would be better to provide East Coasters with a long term lease on the space even going so far as to not charge them for the lease. Sincerely, Tom Skelly D2C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39513 -091712. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and The Hertz Corporation for use ofan 86,501 square foot parcel of City -owned land at 5550 Precision Circle, N. W, for the operation of a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on September 17, 2012, pursuant to §§ 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a lease agreement with The Hertz Corporation for use of an 86,501 square foot parcel of City -owned land at 5550 Precision Circle, N.W., designated as Tax Map No. 6640123, for such corporation's operation of maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, beginning October 1, 2012, and ending December 31, 2015, at an initial rental rate of $2,545 per month, with a three percent (3.0 %) increase each October 1 of the lease teml, all as more particularly described in the City Council Agenda Report dated September 17, 2012. O -Henn Lr 9I7-12&o 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. W TT Aity Clerk. . 0 Her¢ U.9- 17 -12A. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2012 Subject: Public Hearing to Lease City -Owned Property Also Known as Tax Map Number 6640123 to The Hertz Corporation Background: The Hertz Corporation (Hertz) currently utilizes pursuant to a license agreement, approximately 86,501 square feet of City -owned property identified as Tax Map Number 6640123, commonly known as 5550 Precision Circle, NW, and formerly known as 1302 Municipal Road, N.W., Roanoke, Virginia. The property is utilized as a vehicle maintenance, storage and servicing operation in conjunction with an automobile rental establishment located in the Roanoke Regional Airport, where Hertz has also leased space. Hertz began leasing this parcel from the City of Roanoke in 1968. A prior lease agreement was entered into by the parties in 1993 for a five year term. That lease agreement was amended four additional times to extend the original term of the lease, with the last extension term of such lease ending June 2012. Currently Hertz is using the property under a License Agreement which expires September 30, 2012. Hertz has expressed the desire to continue to lease this property for three more years and three months commencing October 1, 2012 and expiring December 31, 2015. The proposed lease term is designed to synchronize with the lease term established at the Hertz rental establishment in the Roanoke Regional Airport. The Lease Agreement shall provide the following annual rental payments, payable monthly in advance, and shall be as follows: October 1, 2012 - September 30, 2013 $2,545 monthly $30, 540 annually October 1, 2013 - September 30, 2014 $2,621 monthly $31,456 annually October 1, 2014 - September 30, 201 5 $2,700 monthly $32,400 annually October 1, 2015 - December 31, 2015 $2,781 monthly $8,343 Recommended Action: Authorize the City Manager to execute a lease agreement in accordance with the terms and conditions shown in the table above, with the Hertz Corporation for approximately 86,501 square feet of City -owned property located at 5550 Precision Circle, N.W., Roanoke, Virginia, for a period of three years and three months, commencing October 1, 2012 and expiring December 31, 2015. Such lease shall be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Simone Knowles, Tax Compliance Administrator LEASE AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE HERTZ CORPORATION THIS LEASE AGREEMENT ( "Agreement") is entered into as of the _ day of 2012, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, ( "Lessor ") and THE HERTZ CORPORATION, a Delaware corporation qualified to do business in the Commonwealth of Virginia, ( "Lessee "), WITNESSETH: WHEREAS, the Lessor is the owner of certain property located in the City of Roanoke, Virginia, designated as Tax Map No. 6640123 ( "Premises "), excluding a building located on the Premises, which was constructed and is owned by Lessee; WHEREAS, Lessee has leased the Premises from Lessor to use as a maintenance, storage and servicing facility in connection with Lessee's automobile renting and leasing business since 1968; WHEREAS, Lessee's lease with the City for the lease of the Premises has ended, and the Lessee has been using the Premises in connection with its business pursuant to a license agreement entered into between the parties dated June 30, 2012; WHEREAS, the parties desire to enter into another lease agreement for the lease of the Premises for Lessee to continue to use in connection with its business, for a term of three years and three months, in order to coincide with the term of another lease of Lessee's at the Roanoke Regional Airport ( "Airport'), upon the terms and conditions below. NOW, THEREFORE, IN CONSIDERATION of the above recitals, which are incorporated herein, and mutual covenants and promises hereinafter contained, and other good and valuable consideration, the parties hereby mutually agree as follows: I . Leased Premises. Lessor hereby leases to Lessee, subject to and upon the terms and conditions hereinafter set forth, those certain premises, including improvements located thereon, located at 5550 Precision Circle (formerly known as 1302 Municipal Road, N.W.), in the City of Roanoke, Virginia, designated as Tax Map No. 6640123 (`Premises "). The parties acknowledge and agree that the Premises includes the Building located on the Premises, which was constructed and is owned by Lessee. Lessee agrees that it shall not use the Premises, or the Building for any other use. The Premises is being leased in its AS IS, WHERE IS, condition, and Lessee acknowledges and agrees that Lessor is not making any kind of warranty or representation as to the condition of the Premises or that the Premises is suitable for the Lessee's purposes. 2. Term of Lease. The term of the Agreement shall be three years and three months, commencing October I, 2012, through December 31, 2015. The Agreement may be extended an additional twenty one (2 1 ) months upon mutual agreement by the parties in writing at any time. 3. Rent. Lessee agrees that it shall pay Lessor rent for Lessee's lease of the Premises according to the following schedule: a. Year One (October 1, 2012, - September 30, 2013)- Rent shall be Thirty Thousand Five Hundred Forty and No /Dollars ($30,540.00) annually, to be paid in monthly installments in the amount of Two Thousand Five Hundred Forty Five and No /Dollars (52,545.00). b. Year Two (October 1, 2013, - September 30, 2014)- Rent shall be Thirty One Thousand Four Hundred Fifty Six and No /Dollars ($31,456.00) annually, to be paid in monthly installments in the amount of Two Thousand Six Hundred Twenty One and No /Dollars ($2,621.00). c. Year Three(October 1, 2012, - September 30, 2015)- Rent shall be Thirty Two Thousand Four Hundred and No /Dollars ($32,400.00) annually, to be paid in monthly installments in the amount of Two Thousand Seven Hundred and No /Dollars ($2,700.00). d. Partial Year Four (October 1, 2015- Dcember 31, 2015) -Rent shall be paid by Lessee in the 14 monthly amount of Two Thousand Seven Hundred Eighty One and No /Dollars ($2,781.00). Such rent is due no later than the first of each month, and shall be paid to the Treasurer, City of Roanoke, P.O. Box 1451, Roanoke, Virginia, 24007. Checks should be made payable to Treasurer, City of Roanoke. In the event rent is not received by the fifth of each month, a late payment charge in the amount of 10% will be added to that month's rent. Interest will accrue on all delinquent amounts at the rate of 10% per year on a monthly basis. 4. Use of Premises. The Premises shall only be used as a maintenance, storage and servicing facility by Lessee in connection with its automobile renting and leasing business. Lessee agrees that it shall not use the Premises for any other use without the written consent of Lessor. Lessee agrees that it will observe and comply with all federal, state and local laws, roles, and ordinances in its lease of the Premises and use of the Building. 5. Improvements and Fixtures. Lessee shall have the right during the term hereof, at its own expense: (a) To construct and install in and upon the Premises, at its sole cost and expense, a building or buildings and such other structures and facilities as it may deem necessary or desirable for storage, maintaining and servicing and for such other purposes as may be necessary or desirable in connection with its operations, provided, however, that Lessee shall first submit plans and specifications for all fixed improvements to the Lessor's City Manager for written approval, which approval shall not be unreasonably withheld. The term "fixed improvements" whenever used in this Agreement shall be construed to include all buildings and other structures erected upon the premises, all fencing, grading and surfacing with stone and /or hardtop, all underground and overhead wires, cables, pipes, conduits, tanks and drains, and all property of every kind and nature, excluding trade fixtures, which is so attached to any building or structure on the premises that may not be removed without material injury to the property or to the building or structure to which same shall be attached. Upon expiration of 3 this Agreement, or Lessee's vacation of the Premises, title to all fixed improvements erected or installed by Lessee in or upon the Premises, including the Building, shall vest in Lessor except as otherwise provided herein, excluding, however, Lessee's trade fixture and personal property, as hereinafter provided. Lessee shall commence construction of any fixed improvements to be erected or installed by Lessee within a period of six (6) months from and after the approval of the plans and specifications therefore by or on behalf of Lessor, and shall prosecute the work to completion with all due diligence; and (b) To install, maintain, operate, repair and replace any and all trade fixtures, furnishings, furniture, machinery and equipment, communications equipment and other personal property useful in connection with its operations, all of which shall be and remain the property of Lessee and may be removed by Lessee prior to or within a reasonable time after expiration of the term of this Agreement, provided, however, that Lessee shall repair any damage to the premises caused by such removal. All fixtures, equipment, improvements, and appurtenances permanently vacated to or built into the Premises, whether or not by or at the expense of Lessee, and any personal property of the Lessor or installed by Lessor in the Premises shall be and remain a part of the Premises and shall be deemed property of the Lessor and shall not be removed by Lessee. The failure to remove trade fixtures or other personal property shall not constitute a hold -over, but all such property not removed within ten (10) calendar days after Lessee receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of Lessor. It is understood that the phrase "trade fixtures" shall include, but shall not be limited to, any signs, electrical or otherwise, used to advertise Lessee's business in and about the Premises; all machinery and equipment used in connection with the servicing of automotive vehicles in or about the Premises, whether or not such machinery or equipment is bolted or otherwise attached to said premises; any lift hoist, compressor or other mechanical device used to service said automotive vehicles; and all other miscellaneous 4 equipment, including, but not limited to, air conditioning equipment installed in or placed on or about the Premises and used in connection with Lessee's business. 6. Maintenance and Inspection. Lessee acknowledges and agrees that the Lessor shall have no duty of any kind to maintain, restore or repair or replace the Premises or the Building, or any item or portion, of and within the Premises or Building, whether structural or nonstructural. Provided, however, that if Lessor determines that such repair, replacement, or restoration of any portion of the Premises, whether structural or nonstructural, is necessary to preserve and maintain the Premises, Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right, but not the obligation or duty, to perform essential maintenance, repair, relocation or removal of existing underground or overhead wires, pipes, drains, cables and conduits now located on or across the Premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary, as Lessor deems necessary in Lessor's sole determination. In such event, Lessee agrees to give Lessor the right to enter its business and Promises, including the Building, upon reasonable notice and make such repairs or replacements or perform necessary maintenance, or to inspect the Premises to determine if maintenance is necessary, provided however, that said work shall in no event disrupt or unduly interfere with the operations of Lessee. Lessee, at its sole cost and expense, will service, keep, and maintain the Premises, including Building, in good repair, condition, order, and appearance during the term of this Lease, ordinary wear and tear excepted, and to surrender the same upon the expiration of the term or renewal term of the Agreement, and Lessee will make all improvements (which includes repairs, replacements or restorations) of every kind or nature, whether structural or nonstructural, which may be required to be made for any reason in connection with Lessee's use of the Premises. 5 Lessee shall keep in good running order electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks, trimmings, glass and plate glass broken during the tenancy, and unstop all water fixtures that may become choked. If there be any elevators, escalators, lifts, machinery or appliances (herein called "equipment ") on the Premises, Lessee shall care for, maintain, and repair same, and shall indemnify and save harmless Lessor from any liability or claims for damages for injuries to persons and property arising therefrom.. Lessee shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee further covenants and agrees that all signage and the general appearance of the Premises shall be subject to the prior approval of the Lessor, which approval shall not be unreasonably withheld. Lessee shall remove any signage or other materials which negatively affect the general appearance of the Premises in the sole and exclusive discretion of Lessor. All permanent alterations, changes, and improvements, by whosoever made, shall be the property of Lessor. Nothing contained in this section shall be construed as requiring Lessor to make any repairs or replacements or perform maintenance to the Premises of any kind, structural or nonstructural. In the event Lessor chooses to exercise its option under this section to enter the Premises to perform such repair, replacement or maintenance to the Premises, all costs shall be home solely by Lessor, except as provided herein. 7. Lessee's Obligations. Lessee covenants and agrees: (a) To maintain and operate the Premises strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of sold waste, release or emission of pollutants or L" Hazardous Substances into the air or soil or into groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental Law "). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Lessee's business upon the Premises. As of the date of this Agreement, the parties acknowledge that Hertz owns and operates one (1) 12,000 gallon bulk petroleum UST, and two (2) 250 gallon bulk petroleum ASTs. Written Lessee agrees that is shall keep written documentation and evidence of full operational compliance of all such tanks maintained on site and available for inspection by the Lessor. Any changes in the design or structure, operational status, physical location, material stored, or other substantive to these tanks and any associated piping, pumps, or other operational components shall be disclosed to the City within 30 -days of such change. (b) To grant and give to the Lessor, its agents and employees the right and license to enter the Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws, The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. if after conducting any such Environmental investigation as required herein, should any environmental 7 contamination be found, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any environmental condition existing on the Premises, shall be borne by the Lessee, bear interest at the annual rate of eighteen percent (18 %) and be payable as additional rent to the Lessee immediately upon written demand therefore. (c) To disclose to the Lessor at the Commencement Date of this Lease and Agreement, and on December 1 of each year thereafter (all such dates being hereinafter called "Disclosure Dates "), including December 1 of the year after the termination of this Lease and Agreement, the names and amounts of all Hazardous Substances, which were stored, used or disposed of at the Premises, or which the Lessee intends to store, use or dispose of at the Premises, for the year prior to and after each Disclosure Date. The Lessor, in its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or us-e, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Laws. (d) To not take any action or inaction that causes damage, deterioration, or waste of any kind to the Premises, whether structural or nonstructural, negligent or otherwise, other than normal wear and tear, and to perform such needed repairs, replacement or maintenance to the Premises as provided herein. In the event, Lessee's actions, inactions, negligent or otherwise, cause any damage, waste or deterioration to the Premises of any kind, structural or nonstructural, capital or noncapital, other than normal wear and tear, Lessee shall pay for the cost of such repair, restoration, or replacement to the Premises or portion of the Premises at Lessee's sole cost. Lessee agree to provide written notice to Lessor immediately upon discovery of any portion of the Premises needing repair, replacement or maintenance, in order that Lessor may determine, in its sole discretion, whether it elects to effect any repair, replacement, or maintenance to the Premises. Lessee agrees that Lessor is not obligated to effect any repair, replacement or maintenance to the Premises of any kind. (c) In the event Lessee vacates or abandons the Premises for more than sixty (60) days, or the Agreement is not renewed, Lessee agrees that it will pay for the cost of demolition of the Building, and removal of the underground storage tanks or any other fixtures, so that the Premises is restored to the unimproved condition as it existed in 1968, upon written demand by Lessor, such demand to be provided no later than one year from the date that the Agreement is not renewed, or Lessee vacates the Premises, or Lessee ceases business operations at the Premises. In the event Lessee does not demolish or remove such improvements, or otherwise restore the Premises to an unimproved condition as it existed in 1968, Lessor may remove, demolish or otherwise restore the Property and bill Lessee for the cost and expense, which Lessee agrees to pay. 8. Utilities. Lessee shall promptly pay all fuel, water, gas, sewage, electricity, lighting, and other bills as the same may become due, it being understood and agreed that the Lessee shall promptly make all required deposits for meters and utility services. Lessee shall provide for the payment of all utilities at its own expense. Lessor shall not be responsible for the payment of any utility bills. 9. Insurance. Lessee shall, at its sole expense, obtain and maintain during the life of this Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Agreement. The following policies and coverage's are required: (a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products /completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's/should this be Lessee's actions under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 10 of this Agreement. (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring buildings, HVAC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenants property. Such insurance coverage shall include an amount equal to twelve months loss of rent coverage payable to the Lessor. (d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City. All insurance shall meet the following requirements: (a) Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (e) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be 10 authorized to do business in the Commonwealth of Virginia. 10. Indemnification. Lessee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Lessor and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Lessee including: (a) Lessor's use of the Premises; (b) the exercise of any right or privilege granted by or under this Agreement; or (c) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement or by applicable law. In the event that any suit or proceeding shall be brought against the Lessor or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Lessee on account thereof, Lessee, upon notice given to it by the Lessor or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Lessor or any of its officers. employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Lessor or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Lessee, then Lessee will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless there from. 11. United States Requirements. This Lease and Agreement shall be subject and subordinate to the provisions of any existing or future lease between the Lessor and the United States relative to the operation, improvement or maintenance of the Roanoke Regional Airport, the execution of which has been or may be required or permitted by the provisions of the Federal Airport Act of 1946, as amended, or any future act affecting the operation, improvement or maintenance of the Roanoke Regional Airport, provided, however, that Lessor shall, to the extent permitted by law, 11 use its best efforts to cause any such lease to include provisions protecting and preserving the rights of Lessee in and to the Premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto caused by such lease or by actions of the Lessor or the United States pursuant thereto. 11 Destruction of Premises. Lessee shall be responsible for insuring all real and personal property, equipment, and trade fixtures, and Lessee shall hold Lessor harmless for said items, if destroyed or damaged by fire or otherwise. (A) If the Premises are damaged or destroyed in whole or in part by fire or other casualty and the same can be repaired or restored within one hundred twenty (120) days from the date of the damage, Lessee shall repair the Premises within the said period, and rent shall not abate. (B) In the event the Premises are damaged and destroyed and cannot be repaired or restored within one hundred twenty (I20) days from the date of the damage, either Lessor or Lessee may terminate this Agreement by giving written notice to the other within ninety (90) days after the damage occurs, in which event this Agreement shall terminate, and rent shall abate in total from the date of such damage or destruction. If neither party elects to terminate this Agreement, Lessor shall proceed with due diligence to repair and restore the Premises and the rent shall abate in proportion to the extent Lessee is unable to conduct its business in a normal manner from the date of such damage or destruction. 13. Cancellation by Lessor. Lessor shall have the right upon written notice to Lessee to cancel this Lease and Agreement in its entirety, upon or after the happening of one or more of the following events, if said event or events shall then be continuing: (a) If Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United 12 States or any state or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (b) If by order or decree of a court of competent jurisdiction Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (c) If by or pursuant to any order of decree of any court or governmental authority, board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and become null, void and of no effect; (d) If Lessee shall fail to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within ten (10) days following mailing by Lessor of written demand for Lessee so to do; (e) If Lessee shall default in fulfilling any of the terms, covenants or conditions other than the payment of rent to be fulfilled by it hereunder and shall fail to remedy said default within thirty (30) days following mailing by Lessor of written demand for Lessee so to do; (f) If Lessee shall abandon any of the premises leased to it hereunder for a continuous period of sixty (60) days at any one time except when such abandonment be cause by fire, earthquake, war, strike or other calamity beyond Lessee's control; (g) If Lessor shall determine, at any time during the term hereof, that is reasonably necessary to utilize the Premises for Airport expansion and development purposes, Lessor may cancel this 13 Lease and Agreement upon one hundred and eighty (180) days written notice to Lessee, and Lessor shall have no obligations to Lessee by reason of such cancellation. In the event of any cancellation or termination of this Lease and Agreement by Lessor under any of the circumstances specified in this section, all fixed improvements erected or installed in or upon the Premises by Lessee shall become the absolute property of Lessor, as if this Lease and Agreement had expired by lapse of time. Lessor reserves the right to take any action at law or equity against Lessee to enforce Lessor's rights under this Agreement. 14. Cancellation by Lessee. Lessee shall have the tight, upon written notice to Lessor, to cancel this Lease and Agreement in its entirety upon or after the happening of one or more of the following events, if said event or events shall then be continuing: (a) The default of Lessor in the performance of any of the terms, covenants or conditions to be fulfilled by it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee so to do; (b) The inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i) any law, or (it) any rule, order, judgment, decree, regulation or other action or non- action of any governmental authority, board, agency or officer having jurisdiction thereof; (c) If the fixed improvements placed upon the Premises shall be totally destroyed, or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Lessee shall be the sale judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same proportion of such proceeds as the then expired portion of the full lease term bears to ten (10) years, and Lessee receiving the balance thereof. If the damage shall result from an insurable cause and shall be only partial and such that the said fixed improvements can be restored 14 to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this Agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; (d) In the event of destruction of all or a material portion of the Airport or the Airport facilities, or in the event that any agency or instrumentality of the United States Govenment, the State or local government shall occupy the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or of the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automotive fuel, supplies, or parts for general public use, and any of said events shall result in material interference with Lessee's normal business operations or substantial diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for a period in excess of thirty (30) days; (e) In the event that at any time prior to or during the term of this Agreement, Lessee's presently existing privileges to operate an automobile rental concession at the Airport shall be terminated and not renewed; (f) The taking of the whole or any part of the Premises by the exercise of any right of condemnation or eminent domain; and (g) In the event the majority of scheduled passenger flights shall be moved to another airport serving the greater Roanoke area, or the existing terminal building is relocated to an area more than two (2) miles from the Premises as measured over existing or future vehicular roadways. 15. Assignment. Lessee shall not assign or transfer this Agreement in whole or in part, lease or license the Property or any part thereof without the prior written consent of Lessor, which consent shall not be unreasonably withheld. If consent to assign lease or license is given, no such 15 assignment or license shall in any way release or relieve Lessee from any of its covenants or undertakings contained in this Agreement, and Lessee shall remain liable on this Lease during the term thereof. 16. Notices. Notices given under the terms of this Agreement shall be deemed properly served if such notice is mailed by Certified United States Mail, Return Receipt Requested; if to City addressed to the Manager of Economic Development, 117 Church Avenue, SW, Roanoke, Virginia 24011 and if to Lessee, addressed to Simon Ellis, Vice President, Global Real Estate & Concessions. Notices mailed in accordance with the provisions hereto shall be deemed to have been given as of the date of receipt or the third business day following the date of such mailing, whichever date is earlier. IT Lessee's Oblieafion to Ouit Premises. Lessee shall, upon the expiration or termination of this Lease, peaceably quit and deliver to Lessor possession of the Premises in the same condition as of the date of commencement, normal wear and tear and damage caused by fire or natural disaster excepted, and shall promptly clean up and remove all personal property and non- fixture items on the Premises in addition to other requirements that may be required of Lessee by this Agreement. 18, Peaceful Eniovment. Lessor covenants and agrees that if and so long as Lessee shall pay the rent called for under this Lease as the same shall become due and shall keep all the covenants and agreements required by it to be kept during the Lease and shall perform all its other obligations hereunder. Lessee shall have the peaceful and quiet occupation and enjoyment of the Premises. 19. Liens. Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Lessee or any of its contractors or subcontractors upon the Demised Premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Lessee. 16 20. Force Maieure. The obligations of the parties hereunder shall be subject to force majeure (which shall include lawful strikes, riots, floods, accidents, Acts of God, and other causes or circumstances beyond the control of the party claiming such force majeure as an excuse) for nonperformance of such obligations. 21. Eminent domain. Eminent domain proceedings resulting in the condemnation of part of the Premises that leave the rest usable by Lessee for the purposes of the business for which the Premises are leased will not terminate this Lease, unless Lessee at its option terminates it by giving written notice of termination to the other party. The effect of such condemnation, should such option not be exercised, will be to terminate the Lease as to the portion of the Premises condemned and leave it in effect as to the remainder of the Premises, and the rent and utilities and charges fee provided for herein shall be adjusted accordingly. Compensation awarded as a result of such condemnation shall be that of Lessor, except to the extent that part of the award is allocated and specifically identified as damages for the value of Lessee's leasehold estate, its trade fixtures or to relocation costs. Lessor agrees not to use its power of eminent domain to take all or any portion of the Premises. 22. Taxes and Assessments. Lessee agrees that it will be responsible for the payment of any leasehold taxes or other legal taxes, charges or assessments imposed by virtue of its occupancy of the Premises. 21 No Broker. The parties covenant that this Lease Agreement was directly negotiated between them and no broker was involved in bringing about this Agreement. No claim of a broker's fee shall be made against either party. 24. Memorandum of Lease — Recording. The parties agree that in the event either party hereto shall desire to file this Lease of record, the parties hereto shall forthwith cause to be prepared, 17 and shall thereafter execute, a memorandum of this Lease in the form prescribed by statute, which memorandum, and not this Lease, shall then be so filed for record. 25. Waiver of Subrogation. Each of the parties to this Agreement hereby waives all causes of action and rights of recovery against the other party, and their respective heirs, administrators, successors, officers, employees, agents and assigns for any loss or damage occurring to the Premises, or the improvements, fixtures, merchandise and personal property of every kind located in and about the Premises resulting from any perils covered by insurance regardless of cause or origin, including the negligence of either party, their respective heirs, administrators, successors, officers, employees, agents and assigns to the extent of any recovery under a policy or policies of insurance. To the extent necessary to effect the foregoing waiver of subrogation, each of the parties agree to obtain from their respective insurance carriers endorsements to such policies of insurance waiving the right of subrogation of the insurance carrier. 26. Termination of License Agreement The parties agree that the License Agreement entered into between the parties dated June 30, 2012, a copy of which is attached as Exhibit A and incorporated herein, which allows the Lessee to use the Premises from .July 1, 2012 through September 30, 2012, shall end September 30, 2012. To the extent that this provision changes any provision of such license agreement, the parties agree that the license agreement is hereby amended, and in effect between the parties until September 30, 2012. 27. Completeness of Agreement. This document constitutes the entire agreement between the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. No changes or modifications of any of the covenants, terms or conditions hereof shall be valid unless in writing and signed by authorized officers of the parties hereto. 18 IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written by their authorized representatives. LESSOR: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By Christopher P. Morrill, City Manager LESSEE: THE HERTZ CORPORATION go Printed Approved as to Fonn: Assistant City Attorney Simon Ellis Approved as to Execution: Assistant City Attorney 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- _----------------------- HERTZ CORPORATION HERTZ CORPORATION 225 BRAE BLVD PARK RIDGE NJ 07656 REFERENCE: 85602447 13103358 NPH -Hertz Corporatio 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 —K?�Hay of Septezjdyer 2012 Witness my hand and official seal. Notary Public ..,,, PUBLISHED ON: 09/07 =mQP'. dOTgRV 9.�% P UBLIG * [ REG. N7050930 * C MY COMMISSION j Q �EpXPiqR��j S TOTAL COST: 225.28 �'li2jC^, 'c FILED ON: 09/19/12 ----------------------------- _-------------------- ----------------------- sm SIEPHAXIE M. MOOR CLERK _ a=335H) Authorized Signature: /IM Billing Services Representative OL NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 86,501 square feet of City - owned property identified as Tax Map No. 6640123, commonly known as 5550 Precision Circle, N.W., and formerly known as 1302 Municipal Road, N.W., to The Hertz Corporation, to be used as a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, beginning October 1, 2012. Pursuant to the requirements of §$15.2 -1800 and 15.2 -1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, September 17, 2012, commencing at 7:00 p.m., in the Council Chambers, 46 Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, September 13, 2012. GIVEN under my hand this4th day of September , 2012. STEPHANIE M. MOON CLERK PHNOM[ The Here Curp Ise 9412.doc Notice to Publisher Publish once in the Roanoke Times on Friday, September 7, 2012. Send affidavit to; Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 PH NOTICE Th, Hrnz Corp lease 9 4 12d- Send Bill to: Linda Dravin Hertz Corporation 225 Brae Boulevard Park Ridge, New Jersey 07656 (201) 307 -2474 R1ncS 41-I Our eves do not deceive us There is something very wrong in our skies! KGIO and KC -135 type tankers are systematically spraying chemicals into our air supply. These thick white plumes, giant X's and grid partems increasingly dominate the sky. This chemical We hangs in the sky for hours, spreading out into artificial cirrus - like cloud cover. Even trails that dissipate quickly, whiten and bleach blue skies! WhaCs being spraved7 The air we breathe is laden with asbcatos sized synthetic fibers and toxic needs, including barium salts, aluminum oxide, and radioactive thorium. Poisonous on par with arsenic and a proven suppressant of the human immune system, atmospheric barium weakens human muscle,, including the heart. Inhaled aluminum goes directly to the brain and medical specialists confirm it causes oxidative stress within brain tissue, leading to formation of Alzheimer's like neurofibnllary tangles. Radioactive thorium is known to cause leukemia and other cancers_ Why is this happeniii Government denial and a media blackout has caused much speculation regarding the reasons for open air spraying One aerosol project has been dabbed Operation Cloverleaf probably due tots multifaceted operations, which include each g_ - ace weapons development, global warming research and weather modification, weather warfare, military communications-space of it po P biological test ,gems. These test agents include combinations of viruses. bacteria, fungi, mycoplusma and genetically engineered biologicals. Congressional laws allow military testing on the American population. This includes you and your family. Where ie lbe praofT Despite official denial, massive amounts of documentation exist_ U.S_ patents, governmental documents, congressional legislation, lab samples, photographs, videos and eyewitness testimonials confirm the aerosol spray operation is real and ongoing. The spraying continues offshore, at night, above cloud cover and in plain sight. Do your own research on Goggle or take Congressman Dennis Kucinich's word. His original bill H.R. 2977 'Space Preservauon Act of 2001' refers to chemtrails as an exotic weapon system. Read "Clouds of Secrecy" by Leonard A. Cole. He documents 20 years of military aerosol testing on American populations complete with congressional hearings. (ISBN: 0847675793) Health ,Beets mused by these hIng-clogifing toxic metals, b' logical% particulates and polymers are: Asthma and allergies, flu and flu like symptoms, respiratory illness, drzzmess, fatigue, chrome cough, headaches, sore throat, itchy eyes, skin rashes and p ry short term memory loss. Children, the elderly and those with weakened immune systems are especially affected. htiph /www.ynumbc.com/ Search for these videos: Acros01 Attack - Chendrails- Get The Word Out - Chemtrail Activist http-//www.carnicom-coml htW://www.losangelesskywatch.(!OML Rll ar ammPeatm�t e�au�ar,a.a:lman for ma�%hw2,ohm amtsagdw. sky'mto amdMy hate. 1 d.ne�araa,�+c�aeernter p ludnmane awawa�na dWP�ER madeMw�rvn4cetu Slat can remain In Wspexa"+o^ CON \RASES areNORCUT NTNOOUCFD aids dFNGINEERED PEROSOU) _ . rc dillcadon program was propozed co the US of A world -scale atmospheac mo pres Ar �rcc in 1996 called act' v,as rejected by tangress Owning „a, ahem dre preve0m the use oftion tal vin..ms,v...ae e.ovo..e,000s srs m. svm as in t.m cn. ­ I,v m9'ra.e ^• ^vvv,evral, ama.a. yr raavmv.eanvs. Recently, a massive space of sp. ,.ng all over the UK may become a major concern to us... What Is going on! Still don't believe that chemnolls colt' Please, Check the Evidence - hi real and ICs happe ning now! Intro Article: hUpJlwww.chemwails9l Lcomlintro_to chem.latm Video Introduction to Chemnails - "U n6er .1 the Sky' http:llwww' -youti comlwatchN=UdtLTyN080A "AEROSOL CRIMES” Ezplanamry Film -Very Thorough Scientific Evidence htt p:llvldee.google.comNideopIM'do id =.2 '3201 9865S 1 56101 vim ht[yllrwe'.carni< M forcmomm*,Slwt.dl.pM 'hnplleara.chantesemn cor 107 2977 ' M<plMwv.'.towack uLcmgresa/blMacxp<! LOOK ANAT THE SKYEONR F! YOURSEL al 1M2072 5:03 PM California Penal Code Sections 369a -402c TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY 374.3. (a) It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private highway or road, including any portion of the right -of -way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. (b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, any rocks, concrete, asphalt, or dirt in or upon any private highway or road, including any portion of the right -of -way thereof, or any private property, without the consent of the owner, or in or upon any public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. (c) Any person violating this section is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) of this section remains is a separate violation. (d) This section does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. (e) A person convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than two thousand five hundred dollars ($2,500) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled. (f) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. (g) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. (h) (1) Any person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. (2) "Commercial quantities" means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person's residence. (i) For purposes of this section, "person" means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation. (j) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced. 374.4. (a) It is unlawful to litter or cause to be littered in or upon any public or private property. Any person, firm, or corporation violating this section is guilty of an infraction. (b) This section does not restrict a private owner in the use of his or her own property, unless the littering of waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, 2 local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. (c) As used in this section, "litter" means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter which escapes or is allowed to escape from a container, receptacle, or package. (d) A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction. (e) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. 374.7. (a) Every person who litters or causes to be littered, or dumps or causes to be dumped, any waste matter into any bay, lagoon, channel, river, creek, slough, canal, lake, or reservoir, or other stream or body of water, or upon a bank, beach, or shore within 150 feet of the high water mark of any stream or body of water, is guilty of a misdemeanor. (b) Every person convicted of a violation of subdivision (a) shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction. (c) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of subdivision (a), pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. 3 374.8. (a) In any prosecution under this section, proof of the elements of the offense shall not be dependent upon the requirements of Title 22 of the California Code of Regulations. (b) Any person who knowingly causes any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right -of -way, or upon the land of another, without the permission of the owner, or into the waters of this state is punishable by imprisonment in the countyjail for not more than one year or by imprisonment in the state prison for a term of 16 months, two years, or three years, or by a fine of not less than fifty dollars ($50) nor more than ten thousand dollars ($10,000), or by both the fine and imprisonment, unless the deposit occurred as a result of an emergency that the person promptly reported to the appropriate regulatory authority. (c) For purposes of this section, "hazardous substance" means either of the following: (1) Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the environment, including, but not limited to, hazardous waste and any material that the administering agency or a handler, as defined in Chapter 6.91 (commencing with Section 25410) of Division 20 of the Health and Safety Code, has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the environment. (2) Any substance or chemical product for which one of the following applies: (A) The manufacturer or producer is required to prepare a MSDS, as defined in Section 6374 of the Labor Code, for the substance or product pursuant to the Hazardous Substances Information Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. (B) The substance is described as a radioactive material in Chapter 1 of Title 10 of the Code of Federal Regulations maintained and updated by the nuclear Regulatory Commission. (C) The substance is designated by the Secretary of Transportation in Chapter 27 (commencing with Section 1801) of the appendix to Title 49 of the United States Code and taxed as a radioactive substance or material (D) The materials listed in subdivision (b) of Section 6382 of the Labor Code. 374a. Every person giving information leading to the arrest and conviction of any person for a violation of Section 374.3 or 374c is entitled to a reward therefor. The amount of the reward for each arrest and conviction shall be 50 percent of the fine levied against and collected from the person who violated Section 374.3 or 374c and shall be paid by the court. If the reward is payable to two or more persons, it shall be divided equally. The amount of collected fine to be paid under this section shall be paid prior to any distribution of the fine that may be prescribed by any other section, including Section 1463.9, with respect to the same fine. 374c. Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor. 374d. Every person who knowingly allows the carcass of any dead animal which belonged to him at the time of its death to be put, or to remain, within 100 feet of any street, alley, public highway, or road in common use, and every person who puts the carcass of any dead animal within 100 feet of any street, alley, highway, or road in common use is guilty of a misdemeanor. 375. (a) It shall be unlawful to throw, drop, pour, deposit, release, discharge or expose, or to attempt to throw, drop, pour, deposit, release, discharge or expose in, upon or about any theater, restaurant, place of business, place of amusement or any place of public assemblage, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive to any of the senses. (b) It shall be unlawful to manufacture or prepare, or to possess any liquid, gaseous, or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge or expose the same in, upon or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage. (c) Any person violating any of the provisions hereof shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both such fine and imprisonment. (d) Any person who, in violating any of the provisions of subdivision (a), willfully employs or uses any liquid, gaseous or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be guilty of a felony and shall be punished by imprisonment in the state prison. Chemtrails 911 - Berkley's Resolution hap: / /www.ebemtrails9l 1. con /docs /berkley_resolOon.hlml FIRST CITY ON EARTH PASSES RESOLUTION TO DECLARE THE SPACE ABOVE ALL CITIZENS IN BERKELEY, CA. A SPACE -BASED WEAPONS -FREE ZONE; calls on u.s. congress to pass and u.s. president to sign KUCINICH space preservation act and treaty banning aB space -based weapons. BERKELEY, CA. - The Berkeley City Council makes Berkeley, California the fast city in the world to pass a Resolution calling for a ban on all space -based weapons in support of the Space Preservation Act, introduced by the Honorable Congressman Dennis Kucinich (D -OH), and soon to be re- introduced in 2003, and the companion Space Preservation Treaty. Berkeley is the first city in the world to declare the space above the heads of all citizens in their city to be a space -based weapons -free zone. In an historic vote on September 10, 2002 the City Council of Berkeley, California enacted Resolution #61744, declaring the space 60 kilometers and above the City is a space -based weapons free zone. On September 14th, Congressman Kucinich, was officially presented the Resolution by Councilmember Dona Spring, who initiated this milestone Resolution before 700 people in Wheeler Auditorium, who gave Kucinich and Spring a standing ovation. Berkeley City Council Resolution #61744 calls on "the U.S. Senate and House of Representatives to enact and the U.S. President to sign and enforce the Space Preservation Act." It also declares that "it is the will of the Council that the U.S. President, individually or at an emergency Treaty Conference, sign the Space Preservation Treaty, and that the U.S. Senate ratify it to permanently ban all space -based weapons to preserve the cooperative, peaceful uses of space for all residents of Berkeley and for all humankind." Congressman Kucinich, whose popularity is growing rapidly around the U.S. and the world, is Co -Chair of the U.S. House of Representatives Aviation and Space Caucus, Co -Chair of the Baltic Caucus, Chairman of the Progressive Caucus, and is on the Board of the Parliamentarians for Global Action. His Space Preservation Act and its companion Space Preservation Treaty will establish a permanent ban on all space -based weapons, on the use of weapons to destroy or damage objects in space that are in orbit; and will permanently terminate the research and development, testing, manufacturing, production and deployment of all space -based weapons. ICIS President Dr. Carol Rosin says, "The Berkeley Resolution is a win -win. We can end the arms race, free funding to expand space exploration, R &D, testing, manufacturing, production and deployment of civil, commercial, and defense activities not related to space -based weapons, transform the war industry into a space industry, stimulate economies with R &D of clean and safe technology, products and services to solve urgent problems of humanity and our environment, build security based on enhanced communication, information sharing, and applications of technology to bring the world to peace. We must ban space -based weapons in 2003." In her presentation of the Berkeley Resolution to Congressman Kucinich, distinguished Councilmember Dona Spring expressed her heartfelt gratitude to Congressman Kucinich and said, "This Resolution of the Council of the City of Berkeley is hereby recommended to be adopted by all municipalities in the United States of America and worldwide." She added, "Imagine all the cities in the world declaring the space above that city to be a space -based weapons -free zone." Kucinich, Chairman of the House Aviation and Space Caucus, has stated, "We can take this I of 9/17/20124:44 PM Chemtrails 911 - Berkley's Resolution http://www.chemvails9ll.coiWdoesfberkley resolmion.lion] technology for destruction, for war, and, through this proposal, create a technology for peace. We can create a world where war no longer becomes inevitable. We first have to look to a practical measure, such a measure to stop the weaponization of space. There are so many opportunities for the evolution of our species. There is the possibility of space travel, for commerce, for exploration. That is part of the human spirit. It always has been. And so we have the chance today, launching this effort for peace, through saying,'There shall be no weapons in space.' But not only that, but to use the legislation as a matrix for a treaty to preserve space which we will ask leaders from all over the world to sign." Vancouver, B.C. -based ICIS Director Alfred Webre, JD, MEd states, "Berkeley Resolution #61744 has been passed at a crucial historic moment. Because of the imminent weaponization of space, we are urging Canada and other U.N. Member Nations to convene an emergency Treaty - signing Conference to facilitate the signing and ratification of the Space Preservation Treaty by world leaders, similar to the Treaty - signing Conference held in Canada in December, 1997, where 122 countries signed the Convention Banning Land Mines, known as the Ottawa Convention. The vehicles needed to accomplish this important goal already are in place. Svend Robinson, a Member of Parliament in Canada, introduced Motion M -527 June 20, 2002, calling on'Canada to lead an international effort to ban the introduction of all weapons in space through a binding international agreement against the weaponization of space.' Canadian Senator Douglas Roche had introduced the same motion in the Senate on June 13, 2002." BERKELEY CITY COUNCIL RESOLUTION #61744 If you would like to introduce this Resolution in your city, as the intention is for every city across the country and the world to pass this Resolution, find a councilmember in your City Council, and ask him/her to introduce it. Contact Lenten Moret (510- 845 -3139) in Berkeley, California to find out she made it happen in Berkeley. CONTACT: Environmental Commissioner Leuren Moret (510) 845 -3139 or City Councilmember Dona Spring (510) 649 -0330 President Institute for Cooperation in Space, Carol Rosin 805 -641 -1999 International ICIS Director, Alfred Webre, JD Med, 604 - 817 -2802 www.peaceinspace.com info @peaceimpace,.com CONSENTCALENDAR Date: 9 -10 -02 PASSED RESOLUTION NUMBER 61744 To: Honorable Mayor and Members of the City Council Subject: ENDORSING THE SPACE PRESERVATION ACT AND COMPANION SPACE PRESERVATION TREATY TO PERMANENTLY BAN THE WEAPONIZATION OF SPACE RECOMMENDATION: That the Council pass the attached resolution supporting the Space Preservation Act and the companion Space Preservation Treaty, and request that the City Manager send letters to our federal representatives urging their support of the Space Preservation Act. BACKGROUND: On January 23rd 2002, Congressman Dennis Kucinich (D -Ohio) introduced the Space Preservation Act, companion to the Space Preservation Treaty, to the US House of Representatives. In the words of Congressman Kucinich, "We can take this technology for destruction, for war, and, through this proposal, create a technology for peace. We can create a world where war no longer becomes inevitable. We first have to look to a practical measure, such a measure 2 of 4 9/17/2012 4:44 PM Chenrcrails 911- Berkley's Resolution http: / /www.chem aiN9] 1. com/docs/berkley_resolotim.html to stop the weaponization of space. There are so many opportunities for the evolution of our species. There is the possibility of space travel, for commerce, for exploration. That is part of the human spirit. It always has been. And so we have the chance today, launching this effort for peace, through saying, 'There shall be no weapons in space.' But not only that, but to use the legislation as a matrix for a treaty to preserve space which we will ask leaders from all over the world to sign." RESOLUTION NO. 61744 RESOLUTION IN SUPPORT OF THE SPACE PRESERVATION ACT AND THE SPACE PRESERVATION TREATY TO PERMANENTLY BAN THE WEAPONIZATION OF SPACE WHEREAS, the Space Preservation Act and the companion Space Preservation Treaty will establish a permanent ban on all space -based weapons, on the use of weapons to destroy or damage objects in space that are in orbit; and the permanent termination of research and development, testing, manufacturing, production and deployment of all space-based weapons; and WHEREAS, the termination of the Anti - Ballistic Missile (ABM) Treaty on June 13, 2002 will permit research, development, testing, manufacturing, production and deployment of space -based weapons, thereby instigating a dangerous, costly, and destabilizing arms race in space, endangering all residents of Berkeley, the United States of America and all of humankind, and invading outer space, humanity's weapons -free common heritage, with space -based weapons; and WHEREAS, The Space Preservation Act, companion to the Space Preservation Treaty, introduced by U.S. Congressman Dennis Kucinich (D- Ohio), requires the U.S. President to work toward "negotiating, adopting and implementing an international treaty banning space -based weapons and the use of weapons to destroy or damage objects in space that are in orbit;" and WHEREAS, the Space Preservation Treaty will establish an outer space peacekeeping agency to monitor outer space and enforce the permanent ban of space -based weapons; and WHEREAS, The Space Preservation Act and the Space Preservation Treaty facilitate future public and private investment in clean and safe technology, products and services, and in sustainable, non- weapons, expanded civil, commercial and military, world cooperative space ventures, and the consequent stimulation of the national and world economy. The Act and the Treaty do not prohibit activities including space exploration, space research and development, testing, manufacturing or deployment that is not related to space-based weapons or systems, or civil, commercial, or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space -based weapons or systems;" and WHEREAS, the Space Preservation Act and the Space Preservation Treaty preserve the peaceful, cooperative uses of space for all residents of Berkeley and for all humankind; and THEREFORE BE IT RESOLVED: 4)THAT IT IS THE WILL OF THE COUNCIL OF THE CITY OF BERKELEY THAT THE U.S. SENATE AND HOUSE OF REPRESENTATIVES ENACT AND THE U.S. PRESIDENT SIGN AND ENFORCE THE SPACE PRESERVATION ACT; and 2) THAT IT IS THE WILL OF THE COUNCIL THAT THE U-S. PRESIDENT, INDIVIDUALLY OR AT AN EMERGENCY TREATY CONFERENCE, SIGN -THE SPACE PRESERVATION TREATY, AND THAT THE U.S. SENATE RATIFY IT TO PERMANENTLY BAN ALL SPACE -BASED WEAPONS TO PRESERVE THE COOPERATIVE, PEACEFUL USES OF SPACE FOR ALL RESIDENTS OF BERKELEY AND FOR ALL HUMANKIND; and 3 of 9/17/20124:44 PM Chen&ails 911 - Berkleys Resolution http: / /www.chem ails911.com/docs/berkley _ resolmion.hbol 3) "rhe Council of the City of Berkeley hereby declares that the space 60 kilometers and above the City of Berkeley is a space -based weapons -free zone; and 4) This Resolution of the Council of the City of Berkeley is hereby recommended to be adopted by all Municipalities in the United States of America and worldwide. 4 of 9/17/20124:44 PM www.WhyInTheWor[dAreTheySpraying.com www.l- C- G -E.com www Coal itionAga i nstG eoengin eeri ng.org www.GeoengineeringWatch.org htto //www.chemtrails9ll.com/ "Why In The World Are They Spryaing ?" Full- Length Documentary http //www.youtube.com/watch?v-mEf]00-cTis dikpig ROANOKE CITY COUNCIL RECESSED SESSION (CITY COUNCIL STRATEGIC PLANNING RETREAT) SEPTEMBER 28, 2012 8:30 A.M. MOUNTAIN VIEW RECREATION CENTER 714 13TH STREET, S.W. AGENDA 1. Call to Order— Roll Call — Council Members Bestpitch and Price arrived late; and Council Member Lea was absent. 2. Welcome and Comments — Mayor David A. Bowers At this point, Council Member Bestpitch entered the meeting (8:37 a.m.) 3. Work Session Purpose — Christopher Morrill, City Manager • FY 2013 Budget Development At this point, Council Member Price entered the meeting (8:52 a.m.) • Priority Performance Indicator Results • Core Service Discussion • Priority Affirmation • FY 2014 Strategic Issues • Citizen Engagement • FY 2014 Budget Development Timeline • Wrap-Up 4. Items from Mayor and Members of Council 5. Adjournment — 1:15 p.m. 1 City Council Strategic Planning Retreat Friday, September 28, 2012 Mountain View Recreation Center 8:30 a.m.-2:00 p.m. We hope to accomplish . . . . • FY 2014 Budget Development Strategic Planning • Performance Indicator Previews • Identification of Core Services • FY 2014 Strategic Issue Identification • Affirmation of Priorities • Citizen Engagement Discussion • Next Steps 2 1 FY 2013 Budget Development • Strategic Planning Retreat • Council Briefings: - January 3:Local Tax Projection.Non-Discretionary Cost Increases,Retirement — February 6:Price of Government,Allocation to Priorities,Offers by Priority. Capital Planning — March 5:Ranked Offers by Priority,Capital Planning,CBET — April 2:Balancing Strategies,Revenue Adjustments/Enhancements,Capital Planning,Cash Funding for One-Time Expenses — April 16:Presentation of FY 2013 Recommended Budget — May 7:Budget Study Process Questions or Concerns? 3 Priority Performance Indicator Results 4 2 Economy Cultivate a thriving business environment and Innovative work force opportunities to ensure the prosperity of our community. •Job Growth dob OppodunAy .Strategic Pro9ramming Awareness Vtbrant Races waren•Retain&Attract Pecle Human Asset •University cdlaboratlon m;gner Wage Jobs Investment Capital Development •Responzrva Business Asset Government 'Information Accessibility DevelopmerNPromotion stand awreriezfl •RagiIX,el Partnenng •Premiere Business Effective Marketing Enoronm ant 'Trusted Leadership •Increased Attractions& f°"wO •Confidenl fl Consistent Tourism .ar Direction 105 ar.an <r<corrw.r..ie m a ReDIE,We?WWI . 6 Economy • Annual Tax Base — Assessed Value of Real Property: -$36,511,036 or-0.5% • FY 2012 Unaudited CAFR: $6,765,460,240 • FY 2011 CAFR: 6,801,971,276 — Sales Tax Receipts: +$545,106 or+2.9% • FY 2012 Unaudited CAFR:$19,147,211 • FY 2011 CAFR:$18,602,105 — Business/Professional/Occupational Licenses(BPOL): +$431,080 or +3.7% • FY 2012 Unaudited CAFR: $12,211,758 • FY 2011 CAFR: $11,780,678 6 3 Economy (continued) • Annual Tax Base (continued) - Prepared Food and Beverage Tax: +$1,185,502 or+7.4% • FY 2012 Preliminary CAFR: $17,216,380 • FY 2011 CAFR:$16,030,878 - Transient Occupancy Tax: +$64,955 or+2.2% • FY 2012 Preliminary CAFR: $2,938,586 • FY 2011 CAFR: $2,918,631 r Economy (continued) • Market& Brand Awareness - 2012 All America City Award - 2012 Savvy Award for Market Building Renovation Project - New York Times, "Virginia Developer Is on a Mission to Revive His Town" - Governing, "Cities Extract Energy from Everyday Activities" - Virginia Living names Downtown Roanoke one of"Best Shopping Areas" in SW Virginia - AARP The Magazine recognized Roanoke as one of the 10 Best Places to Live on$100 a Day - APWA Public Works Project of the Year Award for Roanoke City Market Building renovation - Top 10 Digital City for the 10th Year - National Complete Streets Coalition recognition a 4 Education Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement. Early 5oaessml etudexs Suppouof -families a community Learning/ K-12 Educational value a support learning — School Readiness Programs Children ready for e rtwlingitorm al learning I •Families&community value 8 support learning AnadurectVe 8 educated Adult citizenry Learning \ .A skilled woM1race -Lifelong teaming acccocco ccocccoireacy Sx,ys!PALS! oppo•u•m¢ scum •sr F la&rd of sewers∎wcmAawa •Families&community AYP. value&support learning .c„ee,,.'ales 9 Education • Increase in percent of children who meet PALS benchmarks: — Fall 2011 to Spring 2012: 83.5 to 91.6% = +8.1% — Fall 2010 to Spring 2011: 81.8 to 90.6% = +8.8% • Increase in Graduation Rates: — 2012: 76.5% — 2011: 75.7% — 2010: 67.7% — 2009: 66.6% 10 5 Education (continued) • Participants involved in programs that support post-secondary education: +90 or +180% - FY 2012: 140 - FY 2011: 50 • Participants in Adult Learning Programs: +1 ,865 or +61 .2% — FY 2012: 4,913 — FY 2011: 3,048 11 Good Government Provide effective government which maximizes resources to ensure open,responsive, and innovative service to the community. High ERICIent& a /'Performing Effective - •Etealvely managed / Employees Operations Resnmc� .Excellent Customer -Compliance Seryce t Eng ed �Stmamllneg Prtc¢ses •Hig Moralennovative .ACCeAIe High Morels -Highly Ccenpelent Welt- Trained 'Best Practices staff Effective Responsible 2"'Leadership Financial •Accurate ACCounvng ereaff valor. management .Transparency •hApproachable& •Etpclen,Fiscal Accessible Operations nsprting ,.wcm� au nnnv.�� n u •EItective Fiscal Planning -Results oriented j mom,. e,.wcamvmanr I &Budgebnp Mrc « _n®s 12 6 Good Government • Internet based services available to the public: +9 - FY 2012:31 - FY 2011:22 • Employees are generally friendly, courteous, and helpful: +3.4% - FY 2011 Citizen Survey:85.5% - FY 2007 Citizen Survey: 82.1% • Recognition for Financial Excellence: - Excellent Bond Ratings - Certificate for Achievement for Excellence in Financial Reporting - Distinguished Budget Presentation Award • Funding of Reserves 13 Good Government (continued) • Turnover Rate: — CY 2011: 10.35% — CY 2010: 9.56% — CY 2009: 10.63% • Local/Regional Collaboration — Radio system — Transient Occupancy tax adjustment for CVB Marketing — Evaluation of E-911 Center consolidation 14 7 Human Services Foster a caring community that utilizes a regional and collaborative approach which encourages self-sufficiency while providing a social safety net to citizens when they are most vulnerable. _ Promote Healthy and I 7---"Prevention Intervenllon.-. Safe Neignbamoms V •EeM Identification •Promote Positive Youth 'family Involvement; Development D. Sod ely Approach Poverty Integrate Citizens into aery •Pmmola 5e'1- .Deins Null onalleation •Sufficiency Accessibility Caring -Public Awareness are f to Services Community"—',L\ •Empowermet ucaaAn .sense oarrery � .Involvement .Foster peptise aaull irscatc relationships Deco-ssossrosand wady et tan s aahiseencepsda rn leaned n•oa�m 15 Human Services • Unemployment Rate: -0.6% — Calendar Year 2011: 8.2% — Calendar Year 2010: 8.8% • Poverty Rate: +2.4% — Calendar Year 2010: 22A% — Calendar Year 2009: 20.0% • Homelessness Rate (Winter Point-in-Time Count and Shelter Survey Report): +25 or +4.7% — Calendar Year 2012: 561 — Calendar Year 2011: 536 16 8 Human Services (continued) • Supplemental Nutrition Assistance Program (SNAP) Recipients: +1 ,620 or +7.0% — July 2012: 24,858 — July 2011: 23,238 • Temporary Assistance to Needy Families (TANF) Recipients: -355 or -13.8% — July 2012: 2,211 — July 2011 : 2,566 17 Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods,successful commercial areas,and accessible public facilities and amenities. •runmonal- m.TranspOrtatlon Environment %amm� (kai Clean M.Land and 9 9n Water •Sate and Well ` Sustainahillly Maintained •MWlimotlel Stewardshl➢ •Regiond Well conservation iirri •ReponalSm Technology, Neighborhood Buildings and ---Mare and Well Improvement Equipment -'-o( .Maintenance) (Proximity Maintained - Maintenance) anrac ive Streetsape functional(useable I Plan lmpenenlahm ,a n_n Reliable?Accessible) • sstestorn Water e ns rye'Mmmatss Susonna Quality) Systems -Clayey urve endm •SLSlaneGility Collaboration 8 .Imnm„ ,e e co municeo yrd IS 9 Infrastructure • Greenway development effort is valuable asset to City: +15% - FY 2011 Citizen Survey: 82.7% - FY 2007 Citizen Survey: 67.6% • Transportation system offers good mix of transportation options: +7.5% - FY 2011 Citizen Survey: 79.3% - FY 2007 Citizen Survey: 71.8% • Improve environment for future generations - Green roof installation - LED traffic signal replacements: 152 of 158(96.2%)complete - LED street light replacements:354 in last 2 years 19 Infrastructure (continued) • Maintained/increased planned funding in 5-Year Capital Improvement Program for: - Storm water • FY 2013-2017:$5,600,000 • FY 2012-2016:$5,600,000 • FY 2011-2015:$0 - Curb, gutter and sidewalks • FY 2013-2017:$4,250,000 • FY 2012-2016:$0 • FY 2011-2015:$2,250,000 - Bridges • FY 2013-2017:$19,250,000 • FY 2012-2016:$7,530,000 • FY 2011-2015:$3.150,000 20 10 Livability Enhance Roanoke's exceptional vitality as an attractive,diverse, culturally inclusive, vibrant and active city in which to live, work and play. •Sala,dean and LbmmunlN involvement ccmremunlly maintained Valued, 'Active neighborhoods Engaged 8, Attractive 'Home w,nersbip Public-0nvate Informed Community .Zoning,land use and partnerships Community codes compliance •amsanel communication -Compatible tured and •enerswe ccomwiwlien amde Vim diverse media structures •D,verse offenng of cultural events and emibna Quality Accessbllit 'Sale,accessible, Amenities y' blade and Peeeslnan •Recreational mender oppodwiha -Vibrant neghbom000s 'PUb4c vansponauon end healthy busm¢q •aegionamonneciiity districts Indca•+rs •Convenience of public G^ unity end nnin c 'Maintain natural _ roon lteai+dury services Iaonment and unique Stam , assets m PaitapatiOnin mvmry Arran. 21 Livability • Increase in code violations: +480 or +6.6% — FY2012: 7,717 — FY 2011:7,237 • Number of individuals participating in the Municipal Volunteer Program: +403 or +19.8% — FY 2012: 2,434 — FY 2011: 2,031 • Number of individuals rating the quality of life as "Good" or Excellent": -1.3% — FY 2012 Citizen Survey: 75.8% — FY 2007 Citizen Survey: 77.1% 22 11 Livability (continued) • Number of individuals utilizing recreational and cultural programs and facilities — Library programs: +5,104 or+11.97% • FY 2012: 47,728 • FY 2011:42,624 — Parks 8 Recreation facilities and programs: +9,407 or+7.2% • FY 2012: 140,220 • FY 2011: 130,813 • Increased percentage of home ownership: — 2011 Census Estimate: 57.5% — 2010 Census: 54.8% — 2000 Census: 56.3% 23 Safety Assure community safety needs are met and promote a safe and desirable region. -Strategic planning 'Social safety programs 'Feaaonabler�ponse a neighborhoods a & —•Prevention Responsiveness ■ °roes nmaoalaeas -offender accountability •Hazard mibgason 'Proactive risk through design. assessment a resolution Inrnnaogy.and i Compliance with Quality national regulations a Communication 'Effective emergency standards ---,Standards \\ waning system •Implen&nation of y/ `- •Knowledgeable staff enronmemally sustainable practices Community awareness. io. educabon.interactional •in strategic planning .iryityt,.Fyn,.c,ny i ao.zvy 24 12 Safety • Increase in ratings in customer and citizen surveys — 911 Emergency Call Center: +1.9% — Fire Protection Services: +2.6% — Emergency Medical Services: +2.5% — Police Service: +5.9% — Animal Control: +5.8% — Street Lighting: +3.5% — Respondents who feel safe in their neighborhood: +0.9% 25 Safety (continued) • Residents who feel safe in Downtown Roanoke: -5.1% — FY 2012: 76.8% — FY 2007: 81.9% • Crime Rates — Incident Based Reporting (IBR) Part I crimes reported per 1,000 population: +3.63 • FY 2012: 59.25 • FY 2011: 55.62 — IBR Part II crimes reported per 1,000 population: -5.85 • FY 2012. 232.59 • FY 2011: 238.44 26 13 Safety (continued) • Value of property lost from crime, fire, and other events: — Fire loss: -26.9% • FY 2012: $3.4 million • FY 2011: $4.6 million — Crime loss: -12.7% • FY 2012: $9.8 million • FY 2011: $11.3 million • Accreditation achievement: Police, Fire, E- 911 , Jail 27 Break 28 14 Citizen Survey question regarding programs and services Please give your opinion about some services offered by the City of Roanoke. Excellent, good, fair or poor? How important is this service to you as a citizen? Very important, somewhat important, somewhat unimportant or not important at all? 29 Citizen Survey Ratings for Services and Programs City Service Importance Quality Rating Rating 911 Emergency Call Center r 97.0 94.4 Emergency medical Services and Rescue 94.8 93.9 Police Service 92.6 85.0 Fire Protection Services 90.5 94.2 Weekly Trash Collection 87.0 85.4 Removal of Snow and Ice from City Streets 87.0 63.2 Public Library Services and Programs 77.5 91.5 Street Lighting 76.8 72.4 Street Paving, Maintenance and Repair 75.8 48.2 Valley Metro Bus Transportation Services 72.8 72.1 Bi-Weekly pick-up of large trash items and 72.0 72.3 brush 30 15 Citizen Survey Ratings for Services and Programs (continued) City Service Important Quality e Rating Rating Efforts of the City to improve the quality of housing 71.5 55.9 in the City Recycling 71.1 78.1 Transportation planning for traffic 71.0 57.4 Animal Control 68.3 73.3 City government support of neighborhood 62.3 63.9 organizations Citizens getting information about City services 60.4 61.4 and activities Code enforcement services i 60.2 65.3 The current level of bagged leaf collection service r 57.9 54.1 The quality of the City's sidewalks 55.9 58.7 31 Citizen Survey Ratings for Services and Programs (continued) City Service Importance Quality Rating Rating The condition of the City's parks,trails,and 55.1 78.1 recreation facilities The quality of the City's recreation programs 54.5 71.6 The City's efforts to promote environmental 54.4 57.6 awareness to citizens Mowing and maintenance of City parks 53.6 72.2 The maintenance of trees along City streets and 52.2 63.7 within parks Mowing of rights of way, street medians, and 52.0 60.2 roadsides The quality of Roanoke's athletic fields 51.6 75.9 The City's marketing of its parks and recreation 50.0 I 70.1 programs and services ' 32 The quality of events offered by the Civic Center 48.3 74.4 16 What are our Core Services? (Facilitated Discussion) 33 Core Services or Programs to enhance for FY 2014? Services or Programs to reduce for FY 2014? 30 17 Lunch 35 City of Roanoke Priorities eatiromreni ang!mat Abe Ass ure wa �.: 'al a.,ne Safety=Econom ueM vlH ulw,nmmim. Enhance 'na ae Livability Education I.°I" ozamrvvry aarew mpee `oa n cradle to altaral sane..and mmnumty Good" roNem. Maintain and nwiy Infrastructure Government ' nh health,residential `Human enn.<m the mmrrnnn -ttnm® Services ..e.m.mu.e were wmnnry Foster a efet, 36 to Wizens Aen 18 FY 2014 Strategic Issues • Capital Improvement Program • Commonwealth of Virginia — revenue impacts • Employee Compensation — 5% behind the local market • FY 2015 Health Insurance costs (reform) — Potential impact of+$1.5 million in budgeted cost — Employer share of insurance for employees currently not insured by any carrier • Operating Capital — Fleet Replacement, Technology, Capital Building Maintenance, Street Paving • Other Strategic Issues? 37 Citizen Engagement • FY 2013-2014 Goals • Methods: — Public Hearings — Public Meetings — Focus Group — Survey/Blog — Budget Academy • FY 2013-2014 Approach 38 19 FY 2014 Budget Development Timeline • Council Briefings: —.January 7: Local Tax Projection, Non-Discretionary Cost Increases — February 4: Price of Government, Offers by Priority, Capital Planning — March 4: Offer Status Update, Capital Planning — April 1: Balancing Strategies, Revenue Adjustments/ Enhancements, Capital Planning, Cash Funding for One-Time Expenses — May 6: Budget Study 39 FY 2014 Budget Development Timeline (continued) • April 15 — Presentation of FY 2014 Recommended Budget • April 25 — Budget Public Hearing • May 13 — FY 2014 Budget Adoption 40 20 Wrap-Up • Accomplishments for the day • Follow-Up Commitments 41 APPENDIX 42 21 Trend Indicators • Presented in February, 2011 • Factors affecting financial condition of a locality • Monitor changes over a period of time • Update on 6 of the indicators 43 Trend Indicators • Revenues per capita • Tax revenue • Revenue shortfalls or surpluses • Local tax revenue t • Expenditures per capita • Expenditure Surplus • Fund Balance t 44 22 Revenues Per Capita Total revenue divided by population $4,000 $3,000 2,692 • 2659 2,501 2,803 2,609 2664 $2,000 $1,000 – $0 FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 Warning Trend: Decreasing revenues per capita 45 Tax Revenues $140 - 115 120 123 121 123---'124-1 g $120 107/ _.- $100 10311n0�107 111 109 106 107 $80 ±- -- --- - -- r -Current $60 I- - — — Dollars $40 I • Constant _- 1, i $20 —. - $0 - FJryooQ-1ryo.F119F,ryooFryo)FJryo^Fryo^ry Warning Trend: Decline in tax revenues 06 23 Revenue Shortfalls or Surpluses Actual revenue divided by revenue budget 3.00% - 2,00% 1.4 1.00% 0.00% -1.00% •2.00% - (0.07) _, 0.1 •3.00% FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 Warning Trend: Increase in revenue shortfalls or surpluses as a percentage of actual revenue 47 Local Tax Revenue Shortfall or Surplus Actual revenue divided by revenue budget 120.00% 107.8 105.4 -*-General 110.00% .. i Property 100.00% Tax 101.4 102.4 101.6 Sales 90.00% 84.7 101.1 Tax 95.3 - 80.00% , — FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 48 24 Expenditures per Capita Operating expenditures divided by population $3,500 , --- $3,000 2 ,42 2,804 2,778 $004 4,0J8 2,675 2 477 �— f_ __ $2,500 / —•-- _ _ 2,491 $2,000 37A 2.525. 7,sin 2,427 2,282 ''282_ —constant ommn -a,.rem $1,500 • —_ _- Doll.,._. $1,000 — - _ _. -. -1 $500 • $0 • - - -- __. _ FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 Warning Trend: Increasing operating expenditures per capita. 49 Expenditure Surplus Actual expenditures divided expenditure budget 4.00% l 3.00 39 2.00% -- .97 1.3 1.00% �itir 1.01 0.68 0.00^i , FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Warning Trend: Increase in expenditure deficit or surplus as a percentage of expenditure budget. 50 25 General Fund Unassigned Fund Balance I $30 25.0 23.3 22.1 i ° 2 o $ 5 Mara E $20 $15 $10 $5 $0 FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 Warning Trend: Declining fund balance 51 Employee Compensation • Pay Raise History: — FY 2013: 3% — FY 2012: 0% — FY 2011: 0% — FY 2010: 0% — FY 2009: 2% — FY 2008: 4% • Stipend: — FY 2011: $1000/employee paid in June 2011 — FY 2012: $1000/employee paid in November 2011 • 193 positions eliminated since FY 2007 • Average pay is 5% behind the local market(FY 2013 planning figure) • Cost of 1% pay increase =$830,000(FY 2013 planning figure) 52 26 Operating Capital Target FY2013 rv2012 FY2011 FY2010 FY2009 Adopted Actual Actual Actual Actual Budget Expense E,ense Elden E pence Vehicle Replacement $3,000000 82,063.250 $4,655,144 $818.042 $932,029 $977.069 Technology 1500,000 1205173 700.000 723.800 561,600 949.800 Capital Building 1,000.000 1.050,581 940.280 662,822 480,368 616.153 Maintenance Street Paving 5,930.000 3,529,726 3.151.042 2,251,668' 3.238.178 3,669409 *Additional paving expense of$649k in capital project paving accounts 53 27 City of Roanoke Ten Year History of Arts and Cultural Contributions 2914 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 cr9MNSIS Total Capital Funding '1 u a?-" Center n the Square $ 77,000 $ 80,000 $ 80,000 $ 50,000 $ 300,000 $ 300,000 $ 300,000 $ 600,000 ( ;4 $ 1,787,000 Harrison Museum 100,000 100,000 100,000 1CO,WO :_" ° $500,000 Science Museum 10000 100000 100,000 mom ,dap.. $500000 Jefferson Center 40,500 32.200 100,000 _ 5172,700 Mill Mountain Zoo 26,000 166.666 166,667 166,667 $526,000 History Museum of Western Virginia 33,000 33,000 34,000 TrT8k $100,000 Taubman Museum of Art* 2,500000 1,200,000 Dumas Center 100,000 100,000 100,000 100,000 100,000 $500,000 Oliver White Hill House 48,000 i i $48,000 Virginia Museum of Transportation 37,500 32,200 $69,700 Grandin Theater 80,000 80,000 80,000 80,000 $320,010 Milt Mountain Theatre 50,000 125,000 75 000 5250,000 O'Wlnsto n Link Museum/Station renovation 625,000 $625000 Subtotal Capital Funding $ 882,000 $ 350,500 $ 448,500 $ 2,837,200 $ 1,579,866 $ 199,667 $ 700,667 $ 500,000 $ 600,000 $ 800,000 $.,.1 $ 9,098,400 Operating Funding Roanoke Arts Commission Allocation $322,482 $403,436 $338,012 $348,077 $337,978 $352,869 $287,696 $258,926 $275,971 $269,220 $3,194,667 Center in the Square 200,000 204,000 224,000 243.000 249,965 251,055 200,844 180,760 180,760 233,260 2,167,644 Mill Mountain Zoo 205,000 28,500 28,500 28,500 33,120 33,120 33,120 33,120 34,120 33,120 490,220 Taubman Museum of Art 100,000 100,000 200,000 Local Colors 30,396 29,876 29,876 29,876 23,901 21,51 165436 Roanoke Valley Arts Council 1,400 1,550 1,900 11,750 10,000 1,600 1,120 1,008 30,328 Virginia Museum of Transportation 6,000 45,000 51,100 Arts Fes tival Anniversary Celebration 253,603 306,334 165,754 725,691 Cultural Agency Marketing 30,000 30,000 Mill Mountain Theatre 10,000 15,664 8,522 34,186 Subtotal Operating Funding $ 738,882 $ 643,486 $ 638,472 $ 914,806 $ 975,795 $ 864,274 $ 591,681 $ 595,325 $ 590,851 $ 535,600 $ $ 7,089,172 Total Funding $ 1,620,882 $ 993,986 $1,086,972 $ 3,752,006 $ 2,555,661 $ 1,063,941 $1,292,348 $1,095,325 $1,190,851 $ 1,335,600 $ 280,000 $ 16,187,572 Notes. Over the ten year period,average capital funding has been approximately$900,000 per year and average operating funding approximately$700,000 per year for a total annual average of approximately 51.6 million On the list shown above,only the$3.7 million in funding of the Taubman was in the form of bond issuance. All other contributions were cash. Several small contributions are not listed on this chart(items c$10,000) •-$300,000 cash also provided toward the project{FY 2000)