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Home My WebLink AboutCouncil Actions 05-20-13 PRICE 39663-052013 �If � qos. ROANOKE CITY COUNCIL REGULAR SESSION MAY 20, 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 23 at 7:00 p.m., and Saturday, May 25 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 EXPIRATIONS OF TERMS OF OFFICE: ROANOKE PUBLIC LIBRARY BOARD - ONE VACANCY (THREE-YEAR TERM OF OFFICE) ROANOKE NEIGHBORHOOD ADVOCATES - ONE VACANCY (UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2014) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Ben Bazak, Robert Gravely and Chris Craft appeared before the Council. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the City Manager requesting authorization to schedule public hearings as may be needed for certain agreements, contracts, sales documents, and other necessary documents in order to complete the transfer and/or conveyances of City-owned property, easements, and/or certain property rights to South Commonwealth Partners, LLC, in connection with the hotel project at the City's Market Garage, located at 25 Church Avenue, S. E., Roanoke, Virginia, and other adjacent city property. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 17, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of General Obligation Bonds not to exceed $15,000,000.00 for city and school capital projects. RECOMMENDED ACTION: Concurred in the request. C-3 Report of qualification of Matthew Hogan as a member of the Fair Housing Board for a three-year term of office ending March 31, 2016. RECOMMENDED ACTION: Received and filed. 3 REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Recognition of funding for the Western Virginia Workforce Development Board Workforce Investment Act programs for 2012. Adopted Resolution No. 39663-052013. (6-0) 2. Execution of document(s) granting approval of an encroachment on an existing wall and fence located at 215 10th Street, S. W. Adopted Ordinance No. 39664-052013. (6-0) 3. Appropriation of funds for the Main Library First Floor Improvement Project. Adopted Resolution No. 39665-052013 and Budget Ordinance No. 39666-052013. (6-0) COMMENTS BY CITY MANAGER. The City Manager shared the following comments: City Launches Parks and Arts Program • The City has launched Parks and Arts, a new program developed to bring art into city neighborhoods via selected parks. They are: • Washington Park • Jackson Park • Kennedy Park • Mill Mountain Park • Eureka Park • Highland Park • Elmwood Park 4 Partially funded by an Our Town rant from the National Endowment for the Arts, which the Roanoke Arts Commission received in partnership with the Roanoke Symphony Orchestra Parks and Arts events will provide venues for local and regional artists, dancers, and musicians to showcase their talents in a community setting. Events will be held June 8 through September 15. A schedule of events is available at www.roanokeva.gov/parksandarts Update on Spring Career, Lifestyle and Financial Fitness Fair • Event held Thursday, May 16, at Roanoke Civic Center Special Events Center • Very successful, approximately 500 people attended • 93 vendors participated • Representatives from Simmons Bedding traveled the furthermost from Atlanta showcasing opportunities in the region. • The next Career, Lifestyle & Financial Fitness Fair is scheduled for mid-January 2014 "Kids to Parks Day" • Roanoke Parks and Recreation held this event on Saturday, May 18, at Rivers Edge Sports Complex • Admission was free • Additional sponsors included Subway, the YMCA, and the Virginia Cooperative Extension. • This event was provided as the city's focus on youth • In spite of the rain, approximately 100 to 150 families attended. • From 11:00 a.m. until 1:00 p.m., staff provided a "Kids to Parks" activity time with balloon artist, caricature artist, a four station climbing wall, extreme obstacle course, Moon walk, airbrush tattoos, and a face painter. • The City provided healthy lunches for all attendees. The meals were partially paid for by Subway and Kroger 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational 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. 39667-052013. (6-0) 5 b. A report of the Roanoke City School Board requesting appropriation of additional Qualified School Construction Bond funds for energy improvement projects at Preston Park, Morningside, Westside and Monterey Elementary Schools; 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. 39668-052013. (6-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED - 2:31 P.M. AT 2:43 P.M., THE MEETINGWAS RECONVENED AT WHICH TIME THE COUNCIL HELD PUBLIC INTERVIEWS TO CONSIDER APPOINTMENTS TO FILL TWO UPCOMING VACANCIES ON THE ROANOKE CITY SCHOOL BOARD FOR THREE-YEAR TERMS, EACH, COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2016; AND THE UNEXPIRED TERM OF DAVID B. CARSON ENDING JUNE 30, 2014. INASMUCHAS ANNETTE LEWIS AND MARY NASH HAD CHOSEN TO BE INTERVIEWED AT A PREVIOUS COUNCIL MEETING HELD ON APRIL 15, THE FOLLOWING CANDIDATES WERE INTERVIEWED: STEWART BARNES, REVEREND TIMOTHY HARVEY, WILLIAM HOPKINS, JR., GLORIA MANNS, CHARLES MEIDLINGER AND SUZANNE MOORE. AT 4:31 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 6 • .'rye+ ROANOKE CITY COUNCIL REGULAR SESSION MAY 20, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Cadet Girl Scout Troop 138 of Botetourt County/City of Roanoke. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 23 at 7:00 p.m., and Saturday, May 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Cadet Girl Scout Troop 138 of Botetourt County/City of Roanoke. The Mayor recognized Dee Stewart, Troop Leader and the Cadets on their volunteer efforts to restore the Old Lick Cemetery. Presentation from the Roanoke Valley Preservation Foundation (RVPF) in celebration of National Historic Preservation Month. Withdrawn 7 B. PUBLIC HEARINGS: 1. Receive the views of citizens regarding appointments of two Roanoke City School Board Trustees for three-year terms ending June 30, 2016; and one unexpired term of David B. Carson ending June 30, 2014. The candidates are Stewart Barnes, Reverend Timothy Harvey, William Hopkins, Jr., Annette Lewis, Gloria Manns, Charles Meidlinger, Suzanne Moore and Mary Nash. No formal action taken. 2. Request of Smith and Associates, LLC to rezone property located at 2502 Broadway, S. W. from MX, Mixed Use District, to CN, Commercial Neighborhood District, subject to a certain proffered condition. James F. Douthat, Esquire, Spokesperson. Adopted Ordinance No. 39669-052013. (6-0) 3. Proposal of the City of Roanoke to grant an above ground and underground utility easement across City-owned property located at 3057 Colonial Avenue, S. W., to Appalachian Power Company to install new electrical service for the James Madison Middle School Food for Thought School Yard Project, subject to certain terms and conditions. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39670-052013. (6-0) 4. Proposal of the City of Roanoke to enter into a contract selling three City-owned parcels located at 425 Church Avenue, S. W., former YMCA facility site, to Fifth & Church LLC to renovate existing building, subject to certain terms and conditions. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39671-052013. (6-0) 5. Proposal of the City of Roanoke to convey approximately 6.928 acres of City-owned property located in the Coyner Springs Road area of Botetourt County commonly known as the "Former Crisis Intervention Center", to Intercept Youth Services, Inc., for use as a treatment center for youth; and further convey a 20-foot permanent non-exclusive ingress/egress easement across City-owned property to allow Intercept access to Coyner Springs Road. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39672-052013. (6-0) 8 C. OTHER BUSINESS: 1. Receive views of citizens regarding establishment and increase of annual salaries of the Mayor, Vice-Mayor and Council Members, effective July 1, 2014. Dr. M. Rupert Cutler appeared before the Council and spoke in favor of the proposed raise for the Mayor and Members of Council. William Drewery, Robert Lynch, Ralph Hayes and Victoria Thomas spoke in opposition of the proposed raise for the Members of Council. D. 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. Mark Grant appeared before the Council to urge them to request Amtrak to use a local crew to operate the passenger rail service that would soon be coming to Roanoke. He also suggested that the Transportation Museum be considered as a possible location for the passenger rail station. E. ADJOURNED - 8:32 P.M. 9 CITY OF ROANOKE CITY COUNCIL r 15 Church AN. S.W. l ,yam+'-� Noel C layI Municipal Building,Suite 456 Ot Roanoke VIrgSnla 24011-1536 Telephone (540)853-2541 DAVID A.BOWERS Fax (540)853-1145 Council Members Ylavur William D.Bcstpitch Raphael F Ferris Sherman P. Lea Anita 1.Price (purl G.Rosen David B.Trinkle May 20, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, May 20, 2013. Best wishes for a successful meeting. /�Sin[ncerely, r William D. Bestpitch Council Member WDB/ctw �g( "a ,F CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Request to Authorize the City Manager to Schedule Such Public Hearing(s) as May be Needed for Certain Agreements, Contracts, Sales Documents, and other Necessary Documents in Order to Complete the Transfer and/or Conveyances of City owned property, Easements, and/or Certain Property Rights to South Commonwealth Partners, LLC, in Connection with the Hotel Project at the City's Market Garage, located at 25 Church Avenue, SE, Roanoke, Virginia, and also for some other nearby City Property. Background: By Contract dated August 29, 2012, authorized by City Council by Ordinance No. 39485- 08201 2, the City agreed to sell to South Commonwealth Partners, LLC (Buyer/Developer) certain City Owned Property, and to provide certain easements, property rights, and/or property interests to parts of the City's Market Garage property located at 25 Church Avenue, SE, Roanoke, Virginia, and also for other nearby City Property in order for the Developer to construct and operate a hotel on top of the Market Garage (the Project). In connection with the Project, other agreements, which may include a Parking Agreement, Easements, License Agreement(s), Permits, a Deed of Conveyance, and other documents (collectively-documents) will be needed to complete the various transactions so that the Project may proceed. Due to the nature of these various documents and the term of such documents it may be required that some of such documents be advertised for bidding by the public and that a public hearing be held before such document(s) can be authorized and executed, and other documents may only require a public hearing before such documents can be authorized and signed. Accordingly, it is appropriate to authorize the City Manager, at the City Manager's discretion, to determine when and what types of advertisements will be needed, when any bids are to be received and opened, and when any needed public hearings should be scheduled before City Council. Recommended Action: Authorize and allow the City Manager, at the City Manager's discretion, to determine when and what types of advertisements are needed for the above matters, when any bids are to be received and opened, and the date and time any needed public hearings should be scheduled before City Council for any matters connected with the above items and/or the Project. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Marc Nelson, Special Projects Coordinator, Economic Development vJ? CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Public Hearing for Authorization of the Issuance of Debt for FY 2014 Capital Improvement Projects Background: On May 13, 2013, City Council approved the Capital Improvement Program (CIP) Update for FY 2014-2018. The CIP includes bond issuance in FY 2014 in the amount of $13.8 million for the following projects: • School Facility Maintenance and Improvements - $3,000,000 • Bridge Renovation - $1 ,800,000 • Library Master Plan - $2,800,000 • Parks and Recreation Master Plan - $1 ,000,000 • Civic Center Improvements - $1 ,000,000 • Stormwater Management - $1 ,120,000 • Curb, Gutter and Sidewalk Program - $750,000 • Streetscapes - $500,000 • Rail Passenger Infrastructure - $600,000 • Roanoke Police Academy Expansion - $250,000 • Broadband - $1 ,000,000 Total: $13,820,000 Council approved the FY 2014 CIP in the amount of $18.6 million which included $5.0 million for Roanoke City Public Schools (RCPS) and $2.8 million for the Elmwood Park Improvements. Due to the limited time frame in which RCPS can begin and complete school related projects, Council approved the issuance of a Qualified Zone Academy Bond (QZAB) in October, 2012 in the amount of $2,014,210. The requirements of the QZAB were such that projects approved for FY14 were best suited for this interest free opportunity and as such, only the remaining $3.0 million of the original $5.0 million will be covered by FY14 debt issuance. Additionally, the $2.8 million approved for FY14 Elmwood Park Improvements was included in the FY13 debt issuance to facilitate the award of construction contracts. Considerations: Council authorization of a public hearing on the issuance of debt is required to ensure that the public hearing notices are published in accordance with code requirements. The public hearing is to be scheduled for June 17, 2013 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on June 17, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of general obligation bonds not to exceed 815 million for qualifying Capital Improvement Projects. This authorization includes authorization to provide proper notification and publication of such public hearing in accordance with code requirements on or about June 3rd and June 10th. SAANAK ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent for operations, RCPS 2 CITY OF ROANOKE It a " OFFICE OF THE CITY CLERK - 215 Church Avenue,S.W., Suite 456 -4. r -� Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk©roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2013 Karl Kleinhenz, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Kleinhenz: This is to advise you that Matthew Hogan has qualified as a members of the Fair Housing Board for a three-year term of office ending March 31, 2016. Sincerely, Arfri. onathan E. Cra CMC Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Matthew Hogan, 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 a member of the Fair Housing Board for a three-year term of office ending March 31, 2016, according to the best of my ability. So help me God. Matthew Hogan The foregoing oath of office was taken, sworn to, and subscribed before me by Matthew •Hogan this "I'day of r\CU\ 2013. \ Brenda S. Hamilton, Clerk of the Circuit Court By „.1A.t-' ,s & V-su . '„ ', Clerk 4 � L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39663-052013. A RESOLUTION acknowledging and recognizing the Workforce Investment Act funding of $1,540,156 to be administered by the Western Virginia Workforce Development Board for Program Year 2012. WHEREAS,pursuant to the Workforce Investment Act(WIA),federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated May 20, 2013; WHEREAS,on February 28,2013,the Western Virginia Workforce Development Board was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA for Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; WHEREAS, the WIA funding for Program Year 2012 (July I, 2012-June 30, 2014) in the amount of$1,540,156 will be allocated for certain programs as designated in the City Council Agenda Report dated May 20, 2013; and WHEREAS, the Western Virginia Workforce Development Board requires an acknowledgment and recognition of the WIA funding by the City in order for the Western Virginia Workforce Development Board to administer such funding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board Workforce funding in the amount of $1,540,156 for Program Year 2012,from the Workforce Development Act,with no local match from the City,to be used during the period of July 1, 2012, through June 30, 2014, for the purpose of administering the Workforce Investment Act(WIA)Programs for certain WIA client populations,as more particularly set out in the City Council Agenda Report dated May 20, 2013. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. ATTEST: pary City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must recognize the funding for all grants received in order for the Western Virginia Workforce Development Board to administer WIA programs. On February 28, 2013, the Western Virginia Workforce Development Board was designated as the fiscal agent for WIA funds and, therefore, administers the federally funded Workforce Investment Act (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. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring and post secondary education/training. • Businesses in need of employment and job training services. The Western Virginia Workforce Development Board has received a Notice of Obligation (N00), from the Virginia Community College System, allocating WIA funding of $1 ,540,156 (to programs as follows: Adult $475,383, Youth $489,333, Dislocated Worker $575,440) for Program Year 2012 (July 1 , 2012 - June 30, 2014). Ten percent of funds are to be allocated to the administrative function of the board. Considerations: • Program Operations - Existing activities will continue and planned programs will be implemented. • Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Recognize the Western Virginia Workforce Development Board Workforce Investment Act funding of S1 ,540,156 for Program Year 2012. 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 2 CITY OF ROANOKE /1 i° OFFICE OF THE CITY CLERK 215 Church Avenue,S. W., Suite456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2013 Samuel E. and Joyce M. Perdue 2010 Wayne Street, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Perdue: I am enclosing copy of Ordinance No. 39664-052013 authorizing the continuance of an existing encroachment caused by the property located at 215 10th Street, S.W., designated as Roanoke Tax Map No. 1111419, extending into a portion of the City's right- of-way of Rorer Avenue, S.W.; if the conditions of paragraph 5 have not been met within ninety days of May 20, 2013, then such ordinance shall be null and void with no further action by City Council being necessary. Additionally, the conditions of paragraph 3 regarding evidence of insurance must be met by June 19, 2013. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2013, and is in full force and effect upon the completion of the conditions of paragraph 5 of the Ordinance. Sincerely, .J $ tnathan E. C .ft, CMC Deputy City Clerk Enclosure Samuel E. and Joyce M. Perdue May 22, 2013 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk, Roanoke City Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Rebecca Cockram, Secretary, City Planning Commission Carolyn Glover, Director Human Resources Jackie Clewis, Administrator of Risk Management ROANOKE TAX MAP NO 1111419 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39664-052013. AN ORDINANCE authorizing the continuance of an existing encroachment caused by the property located at 215 10th Street, S.W.,designated as Roanoke Tax Map No. 1111419,extending into a portion of the City's right-of-way of Rorer Avenue, S.W.,upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Pursuant to Section 15.2-2011 of the Code of Virginia (1950) as amended, authorization is hereby granted to Samuel E.Perdue and Joyce M.Perdue,to permit the continuance of the existing encroachment from the property located at 215 10th Street, S.W., designated as Roanoke Tax Map No. 1111419,caused by the existing retaining wall and chain link fencing on the Rorer Avenue entrance, encroaching into a portion of the City's public right-of-way of Rorer Avenue, S.W.. The width of the encroachment extends 4.4 feet into the City's right-of-way,and the length of the encroachment is 84 feet, as more particularly set forth in the City Council Agenda Report dated May 20, 2013. 2. It shall be agreed by the undersigned property owners that, in maintaining such encroachment,the property owners and their grantees,assignees,or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above- described encroachment. 3. The property owners, their grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the Office of the City Clerk evidence of insurance coverage in an amount not less than One Million dollars ($1,000,000) of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty(30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this ordinance to the owners of the property, Samuel E. Perdue and Joyce M. Perdue, 2010 Wayne Street, N.E., Roanoke, Virginia 24012. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owners, has been admitted to record, at the cost of the property owners, in the Clerk's Office of the Circuit Court for the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. If the property owners, their grantees, assigns or successors in interest, do not meet the complete requirements stated herein within ninety days from the date of this ordinance,maintain the required insurance for the duration of such encroachment,or the above referenced retaining wall or chain link fence are removed or destroyed, the authorization granted by this ordinance shall be of no further force and effect. In such event, or in the event this Ordinance is repealed by City Council, the property owners, their grantees, assigns or successors in interest, will be required to remove the retaining wall or chain link fence upon demand by the City at their sole expense. 6. The covenants and obligations contained in this Ordinance shall run with the land and 2 are made binding on the property owners, their grantees, assigns or successors in interest. 7. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Clerk. The undersigned, the owners of 215 — 10th Street, S.W., Roanoke, Virginia, and designated as Roanoke Tax Map No. 1111419, hereby acknowledges that they have read and understand the terms and conditions stated above and agree to comply with those provisions. Samuel E. Perdue Joyce M. Perdue COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of ,2013,by Samuel E. Perdue and Joyce M. Perdue. My Commission expires: Notary Public Registration No. 3 Moil �• CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Encroachment Request for an Existing Wall and Fence Located at 215 10'h St., S.W. also known as Tax Map No. 1111419 Background: Samuel E. Perdue and Joyce M. Perdue currently own Tax Map No. 111 141 9 also known as 215 10" Street, S.W. They recently entered into a contract to sell the property. After a survey was done, it was brought to their attention that the existing retaining wall and chain link fencing on the Rorer Avenue entrance encroaches into the public right-of-way. The existing encroachment is approximately 84 feet in length and 4.4 feet in width. Please see the attached plat. The owner has requested the City to allow the continued encroachment of the described structures. Recommended Action: Authorize the existing encroachments subject to the terms and conditions contained in the accompanying measure, and authorize the City Manager to execute the appropriate document(s) granting the encroachment as described above, such document to be approved as to form by the City Attorney. I istopher P. Morrill City Manager Distribution: Council Appointed Officers It Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist NOTE: 1. PROPERTY IS IN FEMA DEFINED ZONE '%' (UNSHADED) 2. SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY, DEEO MERIDIAN WIDTH VARIES DENOTES CHAIN LINK FENCE 10TH STREET, S.W. 5 9'15'22" W- IRON� 39.00' IRON '2.0' 7.0' 30.0' ROAD ENDS DT 1 - / ' c use LINE I1-STORY o O to CINDER BLOCK - A c o q BUILDING p m H,-- A A O rn .1 A o D m g jgm rn _ #215 '� $ Z F - C-1 y C N 2 LOT 2 O x ASPHALT cm NOTE: BOARD & C-BLOCK WALLS cm x m FOLLOW NORTH SIDE OF CURB £ x OF RORER AVENUE. PC IRON 39.00' P.K. " PIPE x —N 10'15'22" Ewa x FENCE OVER FENCE OVER 4.4' 24' LOT 3 DEED REFERENCE: INSTRUMENT No. 010015880 TAX REFERENCE: No. 1111419 + LTH `i., PLAT SHOWING THE LOCATION , ' GINGHAM y OF PHYSICAL INPROVEMENTS _4 _Ij AS PERTAINING TO THE SOUTH uc. No. 2010 39 FEET OF LOTS 1 AND 2, GARY It 61NOHAM, Es. BLOCK 26, OF THE RORER MAP PHONE/FA%(sno)na-Tea3 �9Np N0 0� CITY OF ROANOKE, VIRGINIA R-25 DWG. 13-7 SuR DATE: APRIL 4, 2013 SCALE: 1" =20' , • • r . lit IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39665-052013. RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE ISSUES OF TAX-EXEMPT GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS FOR EXPENDITURES MADE OR TO BE MADE IN CONNECTION WITH THE RENOVATIONS OF THE MAIN LIBRARY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: 1. In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the City of Roanoke, Virginia (the"City"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt general obligation public improvement bonds in a principal amount of not to exceed $500,000.00 for moneys appropriated by the Council of the City from time to time for expenditures in connection with the various capital improvement projects of and for the City, including without limitations, the renovations of the main library (collectively, the"Project"). 2. The adoption of this resolution shall constitute the declaration of an `official intent" by the City within the meaning of such term as defined in Treasury Regulation Section 1.150-2. This official intent is being made not later than sixty (60) days after the payment of any expenditures contemplated by Section 1 of this resolution to be reimbursed from the proceeds of the tax-exempt bonds of the City. 3. The City Clerk is directed to file this resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Section 2.2-3700 et seq. of the Code of Virginia, 1950. 4. This resolution shall be effective from and after the date of its adoption. ATTEST: Q r // ` lei City/Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39666-052013. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Main Library First Floor Improvements project, 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, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-530-9975-9003 $ 500,000 Fund Balance Economic and Community Development 08-3365 ( 500,000 ) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: kaar City Clerk. 0 ',J ' CITY COUNCIL AGENDA REPORT .„: To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject Appropriation of Funding for Library Master Plan from Economic and Community Development Reserve Background: The FY 2014-2018 Capital Improvement Program (CIP) includes planned debt issuance in the amount of $13.78 million for Library facility improvements that will enhance the delivery of programs and services as specified in the Library Master Plan. For FY 2013-2014, the planned debt issuance is $2.52 million for the renovation of the first floor of the Main Library. Considerations: In order to construct the deck/terrace on the rear of the Main Library during the time period that Elmwood Park improvements are being done, the appropriation of funding in the amount of $500,000 is needed. This work will be done as an amendment to the existing Elmwood Park Improvement contract, with funding advanced from the Economic and Community Development Reserve. Funding will be appropriated back to the Economic and Community Development Reserve from FY 2013-2014 bond proceeds. Recommended Action: Appropriate funding in the amount of $500,000 from the Economic and Community Development Reserve to the Main Library - First Floor Improvements project account (08-530-9975-9003). Adopt the accompanying resolution declaring the City's intent to reimburse itself from the issuance of bond proceeds. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sheila Umberger, Director of Libraries CITY OF ROANOKE fit A : - OFFICE OF THE CITY CLERK r�-., 215 Church Avenue,S.W., Suite 456 `1.: 'i : C Roanoke,Virginia 24011-1536 Telephone: (540)8532541 Fax: (540)853-1145 E-mail: STEPHANIE M.MOON,MMC clerk@roanokevugov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2013 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39667-052013 to appropriate funding from Federal government 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, May 20, 2013, and is in full force and effect upon its passage. Sincerely, Jonathan E. Cra MC Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39667-052013. AN ORDINANCE to appropriate funding from the Federal governments 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 Speech-Language Pathologist Pay 302-234-0000-0350-1640-62240-41129-2-01 $ 1,858 Social Security 302-234-0000-0350-1640-62240-42201-2-01 142 Speech-Language Pathologist Pay 302-234-0000-0230-164G-62240-41129-3-01 929 Social Security 302-234-0000-0230-1640-62240-42201-3-01 71 Speech-Language Pathologist Pay 302-234-0000-0420-164G-62240-41129-2-01 929 Social Security 302-234-0000-0420-1640-62240-42201-2-01 71 Revenues Federal Grant Receipts 302-000-0000-0000-164G-00000-38027-0-00 4,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: z` ,%_ jsritay City Clerk. ffig ROANOKE CITY PUBLIC SCHOOLS Strong Studalts Strong Schools Stro„C■ty School Board May 20, 2013 David B. Carson Chairman The Honorable David Bowers, Mayor and Members of Roanoke City Council Todd A. Putney Vice Chairman Roanoke, VA 24011 Mae G. Huff Dear Members of Council: Annette Lewis Suzanne P. Moore As a result of official School Board action on Tuesday, May 14, 2013, the Lori E. Vaught Board respectfully requests City Council approve the following Dick Willis appropriation request: Dr. Rita D. Bishop Superintendent New Appropriation Total New Award Cindy H. Poulton Virginia Incentive Program for Clerk of the Board Speech-Language Pathologists $4,000 The School Board thanks you for your approval of the appropriation request as submitted. Sincerely, Pr. .— Cindy H. Poulton, Clerk pc: Dan Callaghan 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 A . ', CITY COUNCIL AGENDA REPORT t � •r.-. To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: School Board Appropriation Request Background: As the result of official School Board action at its May 14th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Virginia Incentive Program for Speech-Language Pathologists 2012-13 grant of $4,000 provides incentive payments in an effort to increase the pool of qualified speech-language pathologists working in Virginia public schools. Qualified pathologists must hold a masters degree in speech-language pathology, a current five- year renewable license with an endorsement by the Virginia Board of Education, and be newly employed with a Virginia public school division. Roanoke City Public Schools has two speech-language pathologist employees that qualify under this incentive program. This is a continuing program that will be fully reimbursed by federal funds. The program ends November 30, 2013. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. ) 'jykwl� AN'N H. SHAWVE A Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS CITY OF ROANOKE t ° ' OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 vs. Roanoke,Virginia 24011-1536 Telephone. (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC EareiL clerk®raanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2013 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39668-052013 to appropriate funding from the 2010 QSCB Bonds to the Morningside Building Improvement, amending and reordaining certain sections of the 2012-2013 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2013, and is in full force and effect upon its passage. Sincerely, Jonathan E. Cra , CMC Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39668-052013. AN ORDINANCE to appropriate funding from the 2010 QSCB Bonds to the Morningside Building Improvement, amending and reordaining certain sections of the 2012-2013 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from QSCB 2010A Bonds 31-065-6078-9303 $ 4,683 Revenue QSCB-VPSA Energy Improvement Projects 31-065-6078-6100 4,683 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST/sr,y/�//f� ' Li City Clerk. ROANOKE CITY PUBLIC SCHOOLS May 20, 2013 School Board David B. Carson Chairman The Honorable David Bowers, Mayor and Members of Roanoke City Council Todd A. Putney Vice Chairman Roanoke, VA 24011 Mae G. Huff Dear Members of Council: Annette Lewis Suzanne P. Moore As a result of official School Board action on Tuesday, May 14, 2013, the Lori E. Vaught Board respectfully requests City Council approve the following Qualified Dick Willis School Construction Bond (QSCB) appropriation request: Dr. Rita D. Bishop Superintendent Revised Appropriation Additional Award Cindy H. Poulton Morningside Elementary QSCB Project $4,682.92 Clerk of the Board The School Board thanks you for your approval of the revised QSCB appropriation request as submitted. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan 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 A , 3 '. CITY COUNCIL AGENDA REPORT i N To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Appropriation of Additional Qualified School Construction Bond Funds Background: At the December 20, 2010 meeting, City Council approved the appropriation of $1 ,110,539 in Qualified School Construction Bonds (QSCB) to be used by Roanoke City Public Schools for energy improvement projects at Preston Park, Morningside, Westside, and Monterey Elementary Schools. In May 2011 , a refund of $4,683 was received from the Virginia Public School Authority (VPSA) for excess bond issuance costs. These funds serve as additional debt issuance proceeds, which are available for appropriation. As a result of official School Board action on May 6, 2013, the Board approved a resolution to appropriate the additional funds to the Morningside Building Improvements project for the purchase of two energy efficient water tanks, which complies with the energy usage improvement requirement of the QSCB funds. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the accompanying budget ordinance to appropriate additional QSCB funds to the Morningside Building Improvement project (31 -065-6078-9303) and increase the corresponding revenue budget (31 -065-6078-6100) in the amount of $4,683. ANN 41. S VER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NOTICE OF PUBLIC HEARING FOR CITY OF ROANOKE-CITY CLERK ROANOKE CITY SCHOOL BOARD TRUSTEES Municipal Bldg Rm 456 The City Council will hold a public hearing to receive views of citizens regarding appointments of Roanoke City School Board Trustees at its Roanoke VA 24011 regular meeting on Monday, May 20, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 215 Church Avenue,S.W. The candidates are Stewart Barnes,Reverend Reference: 10154151 Timothy Harvey,William Hopklns,Jr.,Annette Lewis,Gloria Manns,Charles Meidlinger,Mary Nash,and Suzanne Moore. 13316841 The City Council will appoint two School Board Trustees for three-year terms of office ending June 30,2016;and one to fill the unexpired term State of Virginia of David Carson ending June 30,2014 at its regular meeting on Monday, City of Roanoke June 3, 2013,at 2:00 p.m.,or as soon thereafter as the matter may be heard,in the City Council Chamber. I, (the undersigned)an authorized representative If you are a person with a disability who needs accommodations for the of the Times-World Corporation, which corporation Wednesday,I May p15,2013.contact the City Clerk's Office at 053-2541, by is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Stephanie M.Moon,MMC City Clerk Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn & subscribed before me this hi-day of May 2013. Witness my hand and official seal. t. .w_\• ... Notarr,P4$LAYM4"C.. PUBLISHED ON: 05/10 1 3 '.. ^,N■ ,i I I' ' , 04,WEO l TOTAL COST: 274.96 ran ,,,, FILED ON: 5/21/2013 Authorized k,-C /I'' Signature: /L_ O '/I .A ' Si . , Billing Services Representative efr tri NOTICE OF PUBLIC HEARING FOR ROANOKE CITY SCHOOL BOARD TRUSTEES The City Council will hold a public hearing to receive views of citizens regarding appointments of Roanoke City School Board Trustees at its regular meeting on Monday, May 20, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 215 Church Avenue, S. W. The candidates are Stewart Barnes, Reverend Timothy Harvey, William Hopkins, Jr., Annette Lewis, Gloria Manns, Charles Meidlinger, Mary Nash, and Suzanne Moore. The City Council will appoint two School Board Trustees for three-year terms of office ending June 30, 2016; and one to fill the unexpired term of David Carson ending June 30, 2014 at its regular meeting on Monday, June 3, 2013, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at 853-2541, by Wednesday, May 15, 2013. Stephanie M. Moon, MMC City Clerk NOTE TO PUBLISHER: Publish in full once in The Roanoke Times on Friday, May 10, 2013. BLOCK STYLE. (2" X 4") Do not use the City's Logo. Send publisher's affidavit and bill to: Stephanie M. Moon, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 540/853-2541 CITY OF ROANOKE t ° ' • OFFICE OF THE CITY CLERK r -_ 215 Church Avenue, S.W., Suite 456 $da Roanoke,Virginia 24011-1536 -1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk©roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2013 James F. Douthat, Esquire Woods, Rogers PLC P. O. Box 14125 Roanoke, VA 24038-4125 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 39669-052013 rezoning certain property located at 2502 Broadway Avenue, S. W., bearing Office Tax Map No. 1160109, from Mixed Use (MX) to Commercial Neighborhood District, with a condition (CN(c)). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2013; and is in full force and effect upon its passage. Sincerely, Jonathan E. Craft, CMC Deputy City Clerk Enclosure pc: Penc LLC, 2322 Carolina Avenue, S. W., Roanoke, Virginia 24014 ARD Properties LLC, P.O. Box 20511, Roanoke, Virginia 24018 Beth A. Collins, 3717 Dogwood Lane, S. W., Roanoke, Virginia 24015 Mayhew Properties LLC, 2422 Stephenson Avenue, S. W., Roanoke, Virginia 24014 CFI-I Properties, 2831 Titleist Drive, Salem, Virginia 24153 James F. Douthat, Esquire May 22, 2013 Page 2 pc: Michael J. and Angela R. Paplomatas, 5065 Williamsburg Court, Roanoke, Virginia 24018 Howard Leslie Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014 MK Real Estate Investments, 8010 Whistler Drive, Roanoke, Virginia 24018 Walgreen Store #7605, Cole WG Roanoke VA LLC, P.O. Box 1159, Deerfield, Ilinois 60015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39669-052013. 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, and dispensing with the second reading of this ordinance by title. WHEREAS, Smith and Associates, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2502 Broadway, S.W., bearing Official Tax No. 1160109, rezoned from Mixed Use (MX) to Commercial Neighborhood District, with a condition (CN(c)); 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 on May 14, 2013, has recommended to City Council that the application be granted; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 20, 2013, 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 rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, 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. 1160109, located at 2502 Broadway, S.W., be and is hereby rezoned from Mixed Use (MX) to Commercial Neighborhood District, with a condition (CN(c)), as set forth in the Zoning Amended Application No. 1 dated April 22, 2013. 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: eAryCity Cle . 0-2502 Broadway SW doc 0 .04 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Application by Smith and Associates, LLC to rezone property located at 2502 Broadway, S.W. (also known as Broad Way, S.W., and Broadway Avenue, S.W.), bearing Official Tax No. 1160109. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Tuesday, May 14, 201 3. By a vote of 4-2, the Commission recommended approval of the rezoning request, finding the Amended Application No.1 , dated April 22, 2013, to be consistent with the City's Comprehensive Plan, South Roanoke Neighborhood Plan, and Zoning Ordinance as an existing building will reused for an active use appropriate to the surrounding neighborhood. Application Information Request: Rezoning Owner: Smith & Associates, LLC Applicant: Joseph W. Smith, III, Smith & Associates, LLC Authorized Agent: James F. Douthat, Woods Rogers PLC City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 2502 Broadway, SW Official Tax Nos.: 1 1 601 09 Site Area: 0.3840 acres Existing Zoning: MX, Mixed Use District Proposed Zoning: CN, Commercial-Neighborhood District, conditional Existing Land Use: Mixed Use Building (Medical clinic; Office, general or professional) Proposed Land Use: Mixed Use Building (Retail sales establishment, not otherwise listed; Office, general or professional) Neighborhood Plan: South Roanoke Neighborhood Plan Specified Future Land Use: Mixed Use Filing Date: Original Application: April 01 , 201 3 Amended Application No. 1 : April 22, 201 3 Background In March 2013, a representative of Smith & Associates, LLC met with staff from the City of Roanoke to discuss rezoning the property at 2502 Broadway to CN to allow for retail sales on the bottom floor of the building. The bottom floor was previously used as an optometrist office that also included the incidental sale of glasses. The proposed use of retail sales is not permitted in the current MX district. In April 201 3, Smith & Associates, LLC, filed an application to rezone Official Tax Number 1160109 located at 2502 Broadway, SW. The application included a concept plan to show the existing development of the site. In April 201 3, Smith & Associates, LLC, filed an amended application. The application corrected the street name throughout the document and restricted the uses of the upper level of the building to those uses which are permitted as of right or by special exception in both the MX and CN zoning districts. Conditions Proffered by the Applicant The only uses allowed as of right or by special exception on the upper level of the building located on property designated as Tax No. 1160109 shall be those uses permitted as of right or by special exception in an MX District (Mixed Use District) per the Use Table in the Zoning Ordinance 36.1 -315 ("Permitted Uses") but such Permitted Uses shall not include dwelling, single family attached; dwelling, single-family detached; dwelling, two-family; bed and breakfast; group care facility, congregate home, elderly; group care facility, nursing home; parking, off-site; and accessory apartments. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North CG, Commercial-General District Retail sales establishment, not and INPUD (C), Institutional Planned otherwise listed Unit Development, conditional South RM-1 , Residential Mixed Density Dwelling, single-family detached District East RM-2, Residential Mixed Density Dwelling, single-family detached District and Dwelling, multifamily West CG, Commercial-General District Laundromat Compliance with the Zoning Ordinance: The existing building and site development is nonconforming in the MX district. It will be less nonconforming in the CN district. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the South Roanoke Neighborhood Plan recognize the need for the redevelopment of sites at key intersections and village centers to serve the needs of citizens and visitors. The parcel is located in an area denoted as an existing or potential village center. The change in zoning will allow for development on the lower level that reflects the higher intensity uses 2 along the Franklin Road portion of the building while retaining the current lower intensity uses in the upper level that visibly adjoins the commercial and mixed density residential area along Broadway and Stephenson. Relevant Vision 2001-2020 policies: • Housing and Neighborhoods - 3. 1. 1 Housing and Neighborhoods Map The map depicts the area of Broadway and Franklin as an existing and potential village center. • NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) • ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. Relevant South Roanoke Neighborhood Plan Policies: Community Design Policies • Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001 -2020, and efficiently uses limited land resources. • Commercial and multifamily zoning districts with building height limits greater than that of single-family zoning districts should be confined to the village center and surrounding properties along McClanahan Street, Broadway Avenue, 22nd Street, Jefferson Street, Longview Avenue, and Stephenson Avenue. Economic Development Actions • Limit commercial development near residential uses to neighborhood commercial and office uses. City Department Comments: None. 3 Public Comments: Frank M. Smith II, President of Neighbors in South Roanoke, sent a letter requesting the Planning Commission not support the rezoning request. Planning Commission Work Session: A Commissioner expressed concern over the increase in the intensity of site usage in regards to parking. Planning Commission Public Hearing Discussion: Frank M. Smith II, President of Neighbors in South Roanoke, appeared to request that the Planning Commission not support the rezoning request because the increase in the number and character of uses permitted would be harmful to this gateway into their neighborhood. Lora Katz, Char City Planning Co it' i sicn cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel j. Callaghan, City Attorney Steven j. Talevi, Assistant City Attorney .Joseph W. Smith, Ill, Smith & Associates, LLC James F. Douthat, Woods Rogers PLC 4 AMENrFn Zonir_,, Amendment -, RECEIVED Application APR 22 2013 IMO Nt Department of Planning, Building and Development ROA N O K E Room 166, Noel C.Taylor Municipal Building PLANNING BUILDING DING AND DEVELOPMENT 215 Church Avenue,S.W. Roanoke,Virginia 24011 Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 Date: April 22 2013 Submittal Number: AMalow —tA'pl c,Am KO. ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ® Rezoning, Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Property Information: Address: 2502 Broadway sw• Official Tax No(s).: 1160109 Existing Base Zoning: ❑ With Conditions (If multiple zones,please manually enter all districts.) MX District ® Without Conditions Ordinance No(s).for Existing Conditions(If applicable): N/A Requested Zoning: CN District Proposed Land Use: Retail — office Property Owner Information: Name: Smith & Associates, LLC Phone Number: 540-344-9639 Address: 1010 Second Street, Roanoke, VA 24014 E-Mail: joe.smith @smith—and- IN(c i, associates.com Prope,y 0 er's Signature: Apps o-antfintarmation (if different from owner):, Name: Phone Number: Address: E-Mail: Applicant's Signature: A#111110 c Sent litforation Of applicable): Name: James F. Douthat Phone Number: 540-983-7662 Address: 14th Floor, Wells Fargo Tower, P.O. Box 14125 E-Mail: -nano A 24038-4125 douthat @woodsrogers.com Authorized Agent's Signature: DESIGNATION OF MANAGING MEMBER This Designation of Managing Member made and entered into this 2"d day of April 2013 by and between Joseph W. Smith,Jr. and Joseph W. Smith, III, sole member of Smith& Associates, L.L.C. WHEREAS,Joseph W. Smith,Jr. and Joseph W. Smith, III are the sole members of Smith&Associates, L.L.C., a Virginia limited liability Company organized February 18, 2000; and WHEREAS, Article 14 of the Operating Agreement of Smith&Associates, L.L.C., designated Joseph W. Smith,Jr. to be the managing member and to act on behalf of Smith& Associates, L.L.C.; and WHEREAS,Joseph W. Smith, Jr. and Joseph W. Smith, III as the sole members of Smith & Associates, L.L.C. desired to authorize Joseph W. Smith, III to act as a managing member of Smith&Associates, L.L.C. in lieu of Joseph W. Smith, Jr. NOW THEREFORE, in consideration of the premises, the parties do hereby agree and direct that Joseph W. Smith, III will be directed to act and have all of the authority to act as the managing member of Smith&Associates, L.L.C. in all respects to include, without limitation, the active management of the real estate of the company located at 2502 Broad Way, S.W., Roanoke, Virginia, (Tax No. 1160109)and the filing of a request with the City of Roanoke, Virginia to change the zoning designation of the property of Smith& Associates, L.L.C. located at 2502 Broad Way, S.W., Roanoke, Virginia from MX District to NC District, with conditions, by Zoning Amendment Application dated April 1, 2013, filed with the City of Roanoke,Virginia and to take such further actions as may be necessary to properly manage, maintain and control the assets and business of Smith&Associates, L.L.C. WITNESS the signatures and seals as follows: \%. gi;p . Strut', Jr. qk Ad ose.h W. Smith, III (#1593437-1,999-999) Zonir. Amendment Application Checklist 1111/14„;; The following must be submitted for all applications: ROA NI Q K.E F Completed application form and checklist. xI— Written narrative explaining the reason for the request. Ix Location map. Ix Adjoining property owners list. ✓ Metes and bounds description, if applicable. Z Required fee. For a rezoning not otherwise listed, the following must also be submitted: I— Concept plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: f— Written proffers. Concept plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures. Please label as'development plan' if proffered. For a planned unit development, the following must also be submitted: F Development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures. For a comprehensive sign overlay district, the following must be submitted: r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: • Amended development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures, if applicable. ✓ Amended concept plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures, if applicable. I- Written proffers to be repealed. • Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. I— Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: ✓ Amended development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures. ✓ Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: ✓ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: • A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: ✓ Cover sheet. ✓ Traffic impact analysis. I— Concept plan. ✓ Proffered conditions, if applicable. I— Required fee. An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking'Applications,Agreements, Bonds,and Schedule of Fees'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE Narrative submitted in rezoning of tract of land lying at the intersection of Franklin Road, S.W, Broadway, S.W. and Stephenson Avenue, S.W and designated as Official Tax Number 1160109. Smith& Associates, LLC is the owner of the property designated as Tax No. 1160109, which is located at the intersection of Franklin Road, S.W., Broadway, S.W. and Stephenson Avenue, S.W. as more particularly shown on September 12, 2011, survey for Smith& Associates, LLC, a copy of which is attached hereto as Exhibit A. The Property is improved with a two story brick office building, containing 4,000 square feet on each floor which, on the upper floor, fronts on Broadway, S.W. and on the lower floor fronts on the intersection of Franklin Road, S.W. and Broadway, S.W. The Property has thirty-six (36) designated parking spaces that are accessed from Broadway, S.W. on the upper level of the building and seven(7) parking spaces that are accessed from Broadway, S.W. and Franklin Road, S.W. on the lower level of the office building. The Property is currently zoned MX District, without conditions. For the past 23 plus years the upper level of the building has been used for offices and the lower level of the building, which faces Franklin Road, S.W. has been used as an optometrist office with 75%+ of the use for retail sales and 25%+ for office/professional use. Smith& Associates wishes to continue the use of the building as office/professional space on the upper level fronting on Broadway, S.W. and retail/office space on the lower level fronting on Franklin Road, S.W. and seeks to zone the property so that it is not a nonconforming use but is properly zoned to continue the historic use of the Property on both levels. Smith& Associates respectfully request that the subject property, Tax No. 1160109, be rezoned from MX District, without conditions, to CN District, with the proffered condition that the only uses allowed as of right or by special exception on the upper level of the building located on property designated as Tax No. 1160109 shall be those uses permitted as of right or 01591910-1,999-999) 1 by special exception in an MX District(Mixed Use District) per the Use Table in the Zoning Ordinance 36.1-315 ("Permitted Uses") but such Permitted Uses shall not include dwelling, single family attached; dwelling, single-family detached; dwelling, two-family; bed and breakfast; group care facility, congregate home, elderly; group care facility, nursing home; parking, off-site; and accessory apartments. The proposed zoning will not result in a change of the historic use of the property, will not have an effect on the surrounding neighborhood, is in keeping with the City's Comprehensive Plan and the South Roanoke neighborhood plan in that it continues the orderly transition from retail/commercial uses on Franklin Road, S.W. to the residential uses of the properties along Stephenson Avenue, S.W. and Broadway, S.W. in this area of South Roanoke. Smith& Associates respectfully request a rezoning of the reference real estate from MX District to CN District, with conditions. Respectfully submitted, Smith &Associates, LLC Jo‘p . Smith, III James F. Douthat, Esq. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 Roanoke, VA 24011 540/983-7662 (#1591910-1,999-999) 2 NOTE: 1. PROPERTY IS IN FEMA DEFINED ZONE "X" (UNSHADED) 2. SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT EXH a AND MAY NOT INDICATE ALL EMCUMBRANCES ON THE PROPERTY. iLEGEND S = STOOP L = LANDING LP.F. I.P.F. = IRON PIN FOUND o DENOTES EDGE OF PAVEMENT DENOTES ADJOINERS PRIVACY FENCE I .\°‘?iS�Ai (O�'O9 c? 44 ,6`r' ° 4o OQ� o ,o 1 V) o • 'o m PAVED m _ • PARKING ial o w . -' V N ITl Co Z -r� ( U� (/) 0 O LOT '1 z oo O Z D O I.P.F. -`-i Z rn- ALL -1 a • I! BRICK Z Z PBRICK 1 C • 1, • 6.3 BOARD RAMP (S II CONC. WALK 20.0' . I 1 Z �° IN I�� 0 2-STORY BRICK -g Z o_ OFFICE BUILDING • I #2502 LOT 2 rr, U iun • POLE 80.1' RAILROAD IIIIIIIIDIIIIIII I 110.65' SPIKE 1 1 -�' N"52°45'00" W N0.3' 6.6' O`LP.F. LOT 18 . • IQI a r I I LOT 3 I • DEED REFERENCE: D.B. 1506, PG. 1622 ,,,,, MAP REFERENCE: .�EpLTI OF L�. , GOLLEHON ADDITION = ,�� `- SURVEY FOR CITY PLAN # 2123 GARY R. 2. TAX REFERENCE: - `'r BINGHAM_ v: SMITH & ASSOCIATES, L.L.C. No. 1160109' � = LIC. o. 201 BEING LOTS 1 AND 2 ci_13_,I % ° OF THE GOLLEHON ADDITION GARY R. BINGHAM, L.S. ',�.y yo CITY OF ROANOKE, VIRGINIA PHONE/FAX(540)776-7883 'O SU RNI 13-24 DWG. 11-18 DATE: SEPTEMBER 12, 2011 SCALE: 1" = 30 LOCATION MAP TAX NO. 1160109 x!,,74 , 9,F. \�i y/r !..`,�'"4 I jJ( (I I '�`_,Ic1;U Nk1< 1 a m'.1ik[,y,.�`"� O. .•�,�/'� fJN Ai -i BEFl,LF O ! %1U `J`°'�.�,! zr4p,swAttAVE -] L(. 4.ic SCH i 4�? t/d^ Ty V:E D Ofr ACL - )- �'` 0 'ea> �.- AVe �' "&i."----,\ G v �y � t AVE {RD ')... ti ��: JAI.' ,./ ' ,DPI. 7O, u, t' O' � -✓C,4:-Nl ,��"'�(f�°�11'� �� 1. i _ �1 _ �ti ! R.t,C,, E1' ,1 �.>-4.0,. %�1-. '- I f L r ,L -�� a 1/p'. 0+ Cf7-1„EC:oP, '..t ✓ o £STE �/ d/ 1;.J m VE - :\' r v c `}F RcrR O yI N. Aif ` �L{7<�,� J` 7 - y CVE., -e,� rat - tlfO;If VF. 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The only uses allowed as of right or by special exception on the upper level of the building located on property designated as Tax No. 1160109 shall be those uses permitted as of right or by special exception in an MX District(Mixed Use District) per the Use Table in the Zoning Ordinance 36.1-315 ("Permitted Uses")but such Permitted Uses shall not include dwelling, single family attached; dwelling, single- family detached; dwelling, two-family; bed and breakfast; group care facility, congregate home, elderly; group care facility, nursing home; parking, off-site; and accessory apartments. Respectfully submitted, Smith&Associates, LLC By �� , • osep . Smith, III James F. Douthat, Esq. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 Roanoke, VA 24011 540/983-7662 (#1593104-1,999-999) ADJOINING PROPERTY OWNERS TO OFFICIAL TAX NO. 1160109 TAXID LOCADDR OWNER OWNERADDR1 MAILCITY MAILSTATE MAINZIPCOD 1051808 2402 STEPHENSON AVE SW PENC LLC 2322 CAROLINA AVE SW ROANOKE VA 24014 1051809 2414 STEPHENSON AVE SW ARD PROPERTIES LLC PO BOX 20511 ROANOKE VA 24018 1051811 2418 STEPHENSON AVE SW COLLINS BETH A 3717 DOGWOOD LN SW ROANOKE VA 24015 1051812 2422 STEPHENSON AVE SW MAYHEW PROPERTIES LLC 2422 STEPHENSON SW ROANOKE VA 24014 1060101 2502 STEPHENSON AVE SW C F H PROPERTIES 2831 TITLEIST DR SALEM VA 24153 1150204 2406 FRANKLIN RD SW PAPLOMATAS MICHAEL J &ANGELA R 5065 WILLIAMSBURG CT ROANOKE VA 24018 1160102 2502 FRANKLIN RD SW CAYTON HOWARD LESLIE 2502 FRANKLIN RD SW ROANOKE VA 24014 1160111 2505 STEPHENSON AVE SW MK REAL ESTATE INVESTMENTS LLC 8010 WHISTLER DR ROANOKE VA 24018 1272505 2351 FRANKLIN RD SW COLE WG ROANOKE VA LLC PO BOX 901 DEERFIELD IL 60015 ADJOINING PROPERTY OWNERS TO OFFICIAL TAX NO. 1160109 Tax Number Property Address Owner Mailing Address 1051808 2402 Stephenson Ave, SW PENC LLC 2322 Carolina Avenue, SW Lot 5 BIk 5 C S Roanoke, VA 24014 1051809 2414 Stephenson Ave, SW ARD Properties LLC P.O. Box 20511 Lot 4&Pt 3 BIk 5 C S Roanoke,VA 24018 1051811 2418 Stephenson Ave, SW Collins,Beth A. 3717 Dogwood Lane, Pt Lots 2&3 Blk 5 C S SW, Roanoke,VA 24015 1051812 2422 Stephenson Ave, SW Mayhew Properties, 2422 Stephenson Ave, Lot 1 & 13.33 ft. of 2 C S Blk 5 LLC Roanoke, VA 24014 1160102 2502 Franklin Road, SW Cayton, Howard Leslie 2502 Franklin Rd, SW Pt Lots 16-17 &all 18 Roanoke, VA 24014 Gollehon Blk 1 1160111 2505 Stephenson Ave, SW MK Real Estate Lot 3 Blk 1 Gollehon Investments, 8010 Whistler Dr LLC Roanoke,VA 24018 1150204 2406 Franklin Road, SW Paplomatas,Michael J. 5065 Williamsburg Ct. Acreage C S &Angela R. Roanoke, VA 24018 (#1593244-1,999-999) •725e4 , -- 12125p5 �Q�� y02 INPU®(c) . irk \\te".."."." b. 0 al CO 272503 0 ,•Vv.io ■4f#♦ Oi it♦ ° 0 In .- 44`04•40 a ♦♦♦♦♦♦♦♦• ♦♦ ♦i♦♦♦♦oo♦♦♦ag . ♦ - 4� ; ?;>oa♦ti 4 ♦ 4 ®4 o ♦♦♦ ♦♦�o \ •♦♦O♦ O 0•#••••••0:44, 0 ♦di♦i♦I4I10' ♦ P♦♦ ♦oo♦ 9 77 A♦°i♦ ♦�♦o�♦� r°S 6 ♦, . r8 • 77 �oP,. r • 0 o 77 r°S ler co 6 2 0772 RM-2 In 77 . '60 70 .` 7 0 06. 87j 7Q 7060 77 RM-1 °70 7 07 7s r + r°6°ro3 760 ,,� 7060 6' Q,r 700 x77 • 0 2502 Broadway Avenue, S.W. r°� 1060rr pN F Official Tax Map No. 1160109 060106 106n14, 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times SMITH & ASSOC. 1010 SECOND ST. , SW ROANOKE VA 24016 Application by Smith and PUBLIC NEARING Associates,I.I.0 to rezone NOIIGE property located at 2502 as Bo d'Way,loS W.,nand'�: Broadway Avenue,SW),' REFERENCE: 80024354 All public hearings bearing Official Tax No. advertised herein will 1180109.The apgiunon is 13308938 PUBLIC HEARING NOTIC held in the City Council to rezone the property from Chamber,fourth floor,Noel MX,•Mixed Use'Dlstrict,to C.Taylor Municipal Building, Commercial Neighborhood 215 Church Avenue,SW, District.with a condition State of Virginia Roanoke. Virginia. All (CN(cp.The condition is City of Roanoke applications in are available that will be`limitedtto Building and Development those uses which are Churchae�SW Roanoke special exce tongue or by I, (the undersigned) an authorized representative VA. MX and ON Districts,per of the Times-World Corporation, which corporation An Section 36.2-315, Ilse r person with a disability teas,of the Code of the is publisher of the Roanoke Times, a daily requiring any special City multiple Roanoke(19)9).as accommodation to attend amended, for muple newspaper published in Roanoke, in the State of or participate in the purpose districts.The land hearings should contain tegories permitted In Virginia, do certify that the annexed notice was Planning Building and the ON District Include Development at (540) residential; published in said newspapers on the following 853-1230 at east rive dan mmodations and group prior to the scheduled livving; comrri cial, dates : (hearing. Industrial;assembly and The City of Roanoke institutional andcommunlry Planning Commission will facilities;transportation; hold a public hearing on minty;agricultural;and May 14, 2013, at 1:30 cabwy,with amaxlmum P.m., or as soon as the: denity ,of one dwelling unit matter may be heard,to, Per 1400 square feet of lot consider thlsapplication: area and a maximum floor City/County of Roanoke, Commonwealth/State of area ratio of 5.0. The Virginia. Sworn and subscribed before me this comprehensive plan designates the ProPertY per a9+21 day of July 2013 . Witness my hand and mixed use, The proposed use of the property is official seal . commercial and mixed use. //11�� • City Council will hold e —/ ),A, 0 q public hearing on the N s.�Pn 6,517:091 a (y(tJC/ Notary Public aforesaid application on May 20, 2013, at 7:00 matter or as soon as the ever maybe heath ‘‘ r✓ y x Stephanie M.e m M c t Moon, k" �c'(P t • 4C - Rebecca Cockram • O i1 a '- _ City Planning Commrssl PUBLISHED ON: 05/01 05/08 = Cc : (1330893B) • * t\ Q• `v/L, r[ TOTAL COST: 660 .24 FILED ON: 05/08/13 + Authorized v ' — _ Signature: y, , p Au Amy' // l[` , Billing Services Representative PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor,Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. SW, Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at(540) 853-1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold a public hearing on May 14, 2013, at 1:30 p.m., or as soon as the matter maybe heard, to consider this application: Application by Smith and Associates, LLC to rezone property located at 2502 Broadway, S.W. (also known as Broad Way, S.W., and Broadway Avenue, S.W.), bearing Official Tax No. 1160109. The application is to rezone the property from MX, Mixed Use District, to Commercial Neighborhood District, with a condition(CN (c)). The condition is that the upper level of the building will be limited to those uses which are permitted as of right or by special exception in both MX and CN Districts, per Section 36.2-315, Use table, of the Code of the City of Roanoke(1979), as amended, for multiple purpose districts. The land use categories permitted in the CN District include residential; accommodations and group living; commercial; industrial; 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 and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for mixed usc. The proposed use of the property is commercial and mixed use. City Council will hold a public hearing on the aforesaid application on May 20, 2013, at 7:00 p.m., or as soon as the matter may be heard. Stephanie M. Moon, MMC, City Clerk Rebecca Cockram, Secretary, City Planning Commission Please publish in newspaper on May 1 and 8, 2013. Please bill: Joe Smith Smith&Associates, LLC 1010 Second Street Roanoke, VA 24014 540-344-9639 Please send affidavit of publication to: Rebecca Cockram, Secretary + " CITY OF ROANOKE s.. OFFICE OF THE CITY CLERK • 215 Church Avenue,S.W.,Suite 456 4- Roanoke,Virginia 24011-1536 Telephone: (540)853-3541 Fax: (540)853-1145 E-mail: elerk©roanokeva.gov STEPHANIE M.MOON,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk May 13, 2013 CECELIAT.WEBB,CMC Assistant Deputy City Clerk James F. Douthat, Esquire Woods Rogers PLC P.O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Douthat: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, May 20, 2013, 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 Smith and Associates, LLC to rezone property located at 2502 Broadway, S. W., from MX, Mixed Use District, to CN, Commercial Neighborhood District, subject to a certain proffered condition. It will be necessary for you, or your representative, to be present at the May 20th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, . 1 Stephanie M. Moon, MMC City Clerk SMM:ctw a CITY OF ROANOKE - OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 CI'>�r t'� Roanoke,Virginia 24011-1536 I. Telephone: (540)853-1541 Fax: (540)853-1145 E-mail: clerktTroanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk May 13, 2013 CECELIA T.WEBB,CMC 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, a public hearing has been advertised for Monday, May 20, 2013, 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 Smith and Associates, LLC to rezone property located at 2502 Broadway, S. W., from MX, Mixed Use District, to CN, Commercial Neighborhood District, subject to a certain proffered condition. 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, \- nn Stephanie M. Moon, MMC City Clerk SMM:ctw The Honorable Mayor David Bowers and Members of Roanoke City Council. I write you today not as a member of the City of Roanoke Planning Commission, but as a member of Neighbors In South Roanoke where I have lived for the last 7 years. In my 10 years as a Planning Commissioner, I have not felt the need to address you directly, so please forgive this informality. At the last Planning Commission meeting by a 4 to 2 vote, the Commission voted to recommend to you a rezoning of a property on Broadway Avenue from MX to CN with conditions. I was in the minority on that vote and I want you to know why. To give you a brief understanding the applicant feels that since an optometrist with some considerable retail sales occupied part the lower level of this building, then retail sales in general are grandfathered should be permitted. Staff has said that a medical use allows for ancillary retail sales regardless of the overall percentage of the total business income. This would not change for a new medical tenant. The applicant now seeks to change the zoning of the property from MX to CN with a proffer that only the top level be used for conditioned MX uses. This would allow the lower level to be used for either office or retail uses. An argument can be made for this. The lower level of the building is highly visible from Franklin Road. However the property does not front on Franklin Road. The property only fronts on Broadway Avenue. This property is separated from Franklin Road by not only the laundry mat property but by a 10" alleyway owned by the City of Roanoke.Any parking on the lower level referenced in his application is actually parking on city property. Franklin Road is a major thoroughfare and is zoned mostly CG (Commercial General).The property in question only fronts on Broadway and boarders the residential neighborhood. Now zoned MX (Mixed use), this is the usual transitional zoning from more intense CG (Commercial General) use into residential neighborhoods. The applicant stated that Mr. Carr, our last director of planning, told him that the lower level of the property was grandfathered as retail since there were the sales of eyeglasses. I asked Mr. Douthat, if his client ever asked for a letter of zoning verification as would be normal in any circumstance and Mr. Douthat said that since the applicant had a meeting with Mr. Carr, he did not request such a letter. Mr. Douthat stated that the applicant only wants to use the former optometrist space as retail (approximately 800 square feet) and that the balance of the lower level would remain office. This petition however does not make any distinction on possible uses for the lower level.As presented,the entire 4,000 square feet on the lower level could be retail not just the former optometrist space. Planning Staff has suggested that Broadway and Franklin is identified as a potential Village Center in the Comprehensive Plan and points to page 37 and the map 3.1.1. I have found in the Comprehensive Plan (page 55) a map (3.3.1) that shows no such future designation. Indeed the Future Land Use Map (page 22) in the Neighborhood Plan calls for this property to be Mixed Use. On page 14 of the Neighborhood Plan under Community Design it is expressly stated "base any zoning decisions on the Future Land Use map. You are familiar with the CN concept for Village Centers such as has been deployed in the Grandin Village and elsewhere. The Comprehensive Plan (page 40) says that "Village centers are centers in neighborhoods containing a mixture of higher density residential uses and neighborhood commercial uses. They serve as the focus of neighborhood activity." I find it a stretch for the intersection of Franklin/Wonju/Broadway to be a proper use as a Village Center. Allowing the property to be used for retail would decidedly increase the intensity of use in both the hours generally open as well as in the traffic generated. The neighborhood association, Neighbors In South Roanoke, has made a plea for this parcel to retain its current zoning. Page 30 of the Neighborhood Plan states that"while residents support the businesses on Franklin Road they also made it clear during the planning process that commercial encroachment into the residential areas was a concern...encroachment into the neighborhood is less likely on the Franklin Road corridor, and is more of a concern on streets such as Broadway Avenue..." While this is an existing structure currently used for office purposes, rezoning to CN will intensify the use and I believe is contrary to both the Neighborhood Plan and the Comprehensive Plan. I would urge you to not alter the zoning on this parcel. Henry Scholz 2335 Broadway Avenue Roanoke, VA 24014 pocy IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39670-052013. AN ORDINANCE authorizing the conveyance of an above ground and underground utility easement across City-owned property located at 3057 Colonial Avenue, S.W.,designated as Tax Map No. 1380101, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on May 20, 2013, pursuant to Section 152-1800 and Section 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: 1. The City Manager and 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 an above ground and underground utility easement, approximately 15 feet in width and 243 feet in length, across City-owned property located at 3057 Colonial Avenue, S.W., designated as Tax Map No. 1380101, to Appalachian Power Company, to install new electrical service for the James Madison Middle School Food for Thought School Yard Project, as more particularly set forth in the City Council Agenda Report dated May 20,2013. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A �� ' ' City Clerk A Or i is z• CITY COUNCIL AGENDA REPORT «1111" To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject Request from Appalachian Power Company for a Utility Easement Across City-Owned Property Known as Tax Map Number 1380101 Background: Appalachian Power Company has requested a utility easement across City- owned property, designated as tax map number 1380101 . The purpose of the easement is to provide a new electrical service for the James Madison Middle School Food For Thought School Yard Project. Food For Thought was introduced in Roanoke City Public Schools in the 2011 -2012 academic year. Food for Thought (FFT) is a privately-funded edible education program, created to teach middle school students about stewardship, sustainability and the connections between food, health, the environment, and personal performance. The program is structured with three main components: indoor and outdoor classroom study; planting and harvesting a garden; and basic food preparation skills. The proposed utility easement will extend approximately 243' underground across City-owned property and is approximately 15' in width as illustrated in the attached plat. Recommended Action: Following a public hearing, authorize the City Manager to execute the appropriate 7ocuments granting an above and below ground utility easement, as describ- 4 above to Appalachian Power Company, such easement shall be a. .ro y. . to form by the City Attorney. C ris - 'her P. Morrill City Manager Attachment: Plat Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist imaxs F _-r ice P� u w S..- O NpvgW��-µ � 2a"EIS ' m . s _, o ^ t " av o a a be rms mowx6 MIS ypyx6 k PROPOSED RIGHT OF WAY OM • x u PROPERTY OF CT-q OF R�at�OKE - ^ ' n04, JAMES MAtMSo.1 MIDDLE SC.+Y]Otr%� 4., o I t b '` F 7 y ,` � PRO VO3ED Po.E`,, Q. \ GL 318003otU`1 c6"lej.� `G N,'•.,,• fI b it 6 .,p 1I ■;PD ` M1Sr t gl GAT Y O > � koN"' Ron r.IO K.E 1.6 ;in M. i TAX MAI� �o. S.j \'3°a 01 of }wx I I. 750 ADC -----------6LL 6 16 71■1 y _ i 1 m ini (),I Twee I 11 xsww i` . The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + APPALACHIAN POWER COMPANY 80 RIVER ROAD FIELDALE VA 24089 NonCE Of PUBLIC HEARING REFERENCE: 80179930 The City raRoanoke proposes and§grant roun 13316958 NPH-Deed of Easement ground underground tinty easement,across Elfed as fcl x entii Official State of Virginia Map no 1390101,known 3057 Colonial Avenue. City of Roanoke SW.,to Appalachian Power Company, in orderfor Appalachian Power Company to install new I, (the undersigned) an authorized representative i_ of the Times-World Corporation, which corporation lectrical service for the Names Madison Middle is publisher of the Roanoke Times, a daily school Food for Thought. newspaper published in Roanoke, in the State of celrtain rterrms`and Virginia, do certify that the annexed notice was "piu1Osuant to the published in said newspapers on the following g°15n.2.180 sand dates: §15.2-1813, code of Virginia notice reby given that the City Council of the City of Roanoke will hold a public hearing on the above mater acts regular meeting to be held on Monday,May 20,2013. enting at 7:00 p.m., City/County of Roanoke, Commonwealth/State of wan bereetesasthe darter ma be heard,In the Virginia. Sworn and subscribed before me this matter Chambers,ate 0—day of May 2013 . Witness my hand and Floor, Noel C. ray to t. rT Y Y Y Municipal Building,215 official seal . Church Avenue,Further __ information 1s available from the Office of the City �»` Notary Public Clerk for the City of 3^ �� Roanoke at (5e0) 8532501 tit s till frr,atf opplortuniy to be heard and LA y44 express their opinions on I Y.‘‘`0 P . Mgti'� I you are a person with al disability accommodations/need s; } Q- . Lg\_ '• * S hearing,please contact the PUBLISHED ON: 05/10 = 4] / 'gpg3- • = 65]z'sra%eeir`aretii oa =G. OA ' 4 an Thursday.May I6, M\ 3 G * µC94 0E F\{:E`��IJ�, 2srv[N under my hand this 6th day M May.2013.Moon 'i 'O'. :'�Q;� Stephanie CI. Coen Z•1') LL/FAt10�' (13316958) TOTAL COST: 242 .16 FILED ON: 05/21/13 + Authorized /...--C Signature: / �f- � jA4/Ji"neat , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant an above ground and underground utility easement, across City-owned property identified as Official Tax Map No.1380101, known as 3057 Colonial Avenue, S.W., to Appalachian Power Company, in order for Appalachian Power Company to install new electrical service for the James Madison Middle School Food for Thought School Yard Project, on certain terms and conditions. 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, May 20, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 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, May 16, 2013. GIVEN under my hand this 6th day of May , 2013. Stephanie M. Moon City Clerk PH Deed of Easement to APCO TM 1380101 Notice to Publisher: Publish once in the Roanoke Times on Friday, May 10, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Robert Wilson, Right-of-Way Agent 215 Church Avenue, S.W., Room 456 Appalachian Power Company Roanoke, VA 24011 80 River Road (540) 853-2541 Fieldale, Virginia 24089 (276) 627-1225 Phi Deed of Casement to APCO.TM138OIOI IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39671-052013. An ORDINANCE authorizing the proper City officials to execute a contract to sell to Fifth & Church LLC certain City owned property located at 425 Church Avenue, SW, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on May 20, 2013, pursuant to Sections 15.2-1800 and 15.2- 1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized, on behalf of the City, to execute a contract to sell to Fifth & Church LLC certain City owned property located at 425 Church Avenue, SW, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions as set forth in the contract attached to the City Manager's Report to this Council dated May 20, 2013. Such contract is to be substantially similar to the one attached to such report, and in a form approved by the City Attorney. 1 2. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further actions as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to Fifth & Church LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned contract and any subsequent documents. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 0-Sale of Old YMCA-Fifth&Church,LLC.doc 2 viz-).:-. -- CITY COUNCIL AGENDA REPORT r.1 To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject Authorize the Sale of City Owned Property located at 425 Church Avenue, S.W., Roanoke, Virginia 24016 Background: Fifth & Church LLC (Purchaser), a Virginia Limited Liability Company, has made a proposal to acquire three (3) City owned parcels located at 425 Church Avenue, S.W., Roanoke, VA 24016 (Tax Map Numbers 1011206, 1011209, 1011210), which is the former YMCA facility. Fifth & Church LLC proposes to renovate the existing building resulting in approximately 6,000 square feet of commercial space and approximately 47 to 53 rental apartments. The proposal includes a purchase price of $10, a performance security of $250,000, and an option for the City to repurchase the property for the price of $10 in the event the Purchaser fails to commence construction within ninety days after closing. The closing date is on or before July 1 , 2013. The current assessed value of land and improvements is $953,000. Purchaser has agreed to various obligations as set forth in a Contract mentioned below in exchange for the nominal purchase price. A Contract for Purchase and Sale of Real Property has been negotiated for the sale of the property to Fifth & Church LLC under certain terms, conditions, and performance obligations of the Purchaser both prior to, and subsequent to, the real estate closing. A copy of the draft Contract, with Exhibits, is attached as Attachment A. Some of the salient contractual obligations of the Purchaser are outlined below: A. Commencement of construction activity within ninety (90) days after closing, including securing and structurally stabilizing the building. B. A minimum investment of $500,000 to be spent during the first year after commencement of construction. C. The delivery of an additional $250,000 performance security in the event that Purchaser fails to spend such amount as set forth in B above. D. A reversion clause that would return the property to the City should Purchaser fail to meet certain prescribed milestones and/or provide the additional performance security. The Purchaser estimates its projected investment to be approximately $7,000,000 over a three-year period. The sale of the property and resulting rehabilitation of the building as proposed will not only return the property to the real estate tax rolls, but will also further expand downtown housing opportunities, and further the City's goals and objectives for revitalization of the Downtown West district. A public hearing is required prior to City Council authorizing the execution of the Contract for the conveyance of the City owned property. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute a Contract for the sale of the above property substantially similar in form to the Contract attached to this report. Such Contract is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, including execution of a deed of sale, and to complete the sale of the property to Fifth & Church LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned Contract and any subsequent documents. topher P. Morrill City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director, Real Estate Valuation Wayne Bowers, Director, Economic Development Marc Nelson, Special Projects Coordinator, Economic Development 2 LAL DES RIPL O Tt L: IC[ I' _ I • - nn—k u. q m n. .., ...�. . . ▪ . ",... I ; :4.t ue ... m w ... '• �� . ,....... . :..... ., P : ENERIL NOTES I.a......,e d d1 .........._.,:.. ....,.... ...L .v ,..... .... .. .. : .. ..._.. R . — .. T .• _ �I 1 -t. r I . „w= • a i. � � tn. \ ■ I f ` g { t : �� III s"ra � 0.01210 I 4. r7\ H i — CHURCH AVENUE $ w /AFIABLE!. WIDTH R/W W C Mt `e 6'FA'I ION, LP 1 EXHIBIT 1 TOCONTRA T FOR 'PURCHASE AND SALE OF REAL PROPPRTY V� r BETWEEN nil".CITY N it III&CHURCH LLI' h — - -„,-; - ^ 41,47- ing:' .1- - I r 71°5.111:It! .... 11/1 - -L IN c•C -I,- , alAILO . 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Tara :Illiri '6, I •- .17.1 r . z - . . . . . , _ - Exhibit 3 to Contract for Purchase and Sale of Real Property by and between City of Roanoke, Virginia (Seller)and Fifth&Church LLC (Buyer)dated , 2013. SCHEDULE OF CONTRACTUAL CONDITIONS TO BE INCLUDED IN DEED The Deed from Seller to Buyer shall be subject to the Buyer's obligations under the Contract as set forth in the Contract and which will be set out in the Deed as summarized below and TIME BEING OF THE ESSENCE WITH RESPECT TO ALL TIME LIMITATIONS: BUYER'S OBLIGATION TO COMMENCE CONSTRUCTION; SELLER'S RIGHT TO ACQUIRE PROPERTY; AND BUYER'S OTHER OBLIGATIONS. I. (a) Buyer shall commence Construction Activity at the Property within ninety (90) days of the date on which Seller delivered the Deed to Buyer. The date on which Seller delivered the Deed to Buyer is , 2013. For purposes of this Deed commencement of Construction Activity shall mean that Buyer has begun physical activities at the Property to secure and structurally stabilize the building situated at the Property, including securing existing exterior doors and windows; repair or replacement of the existing building roof, and conduct all environmental inspection, abatement, and remediation. (b) In the event that Buyer fails to commence Construction Activity within ninety (90) days from , 2013, the Seller may draw on and receive $250,000 as the Initial Performance Security (as defined in the Contract) and acquire the Property, together with any improvements made by Buyer, free and clear of all liens and encumbrances. Seller shall notify Buyer in writing that Seller exercises this right and Buyer shall convey the Property to Seller, free and clear of all lines and encumbrances, within thirty (30) days of the date of the notice. In the event that Buyer fails or refuses to convey the Property to Seller, Seller shall have the right to enforce this provision and Buyer shall pay all expenses incurred by Seller in enforcing this provision; including all court costs, fees, expenses, and attorneys' fees. 2. (a) Seller reserves right of reverter to have all rights, title and interest in the Property, together with all improvements made by Buyer, revert to Seller in the event that Buyer fails (i) to provide Seller with written evidence of construction related expenses at the Property (which may include architectural, engineering, legal, and other soft costs in addition to the costs of material, equipment, and labor) of at least $500,000 has 1 been spent as required by the Contract; or (ii) provide to the Seller the Additional Performance Security as defined in the Contract. (b) Any written evidence of construction related expenses at the Property shall be certified by an independent certified public accountant and shall be submitted to the Department of Economic Development for review and acceptance. Seller shall either accept or reject such written evidence within ten (10) business days after receipt of such documents and/or information. (c) Seller shall exercise this right of reverter by recording a notice of exercise in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. Upon recording of such notice, all rights, title, and interests in the Property, together with any improvements made by Buyer shall be vested in Seller, free and clear of all mortgages, deeds of trust, liens, or encumbrances. All mortgages, deeds of trust, liens or encumbrances created by or imposed against Buyer are subject to and subordinate to this right of reverter reserved by Seller. (d) Buyer shall execute all documents requested by Seller to acknowledge that all rights, title, and interest of and to the Property, together with all improvements, has reverted to Seller, free and clear of all interests of Buyer, its successors and assigns, and all holders of any mortgages, deeds of trust, liens, or encumbrances. (e) Seller may enforce the provisions of this section in the Circuit Court for the City of Roanoke and shall be entitled to recover all court costs, fees, expenses, and attorneys' fees incurred in enforcing this right of reverter. 3. Buyer shall NOT sell, transfer, or otherwise dispose of the Property, or any interest in the Property, until the Property has been developed completely in accordance with the Plans (as defined and described in the Contract) and a final, permanent certificate of occupancy has been issued by the City of Roanoke Department of Planning, Building and Development. 4. Buyer, its successors and assigns, shall not demolish the building on the Property at any time before_ , 2028. 5. Buyer shall also perform all other obligations which survive the Closing as set forth in the Contract. END OF EXHIBIT 3. 2 DRAFT 05/07/2013 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2013, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and Fifth & Church LLC, a Virginia limited liability company (Buyer), RECITALS: WHEREAS, Seller is desirous of selling certain real property, including the building located thereon ("Building"), located at 425 Church Avenue, SW, Roanoke, Virginia 24016, Tax Map Numbers 1011206, 1011209, and 1011210 ("Property") to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below; WHEREAS, Buyer represents to Seller that Buyer shall renovate the Building to provide for approximately 6,000 square feet of commercial space and approximately 47 to 53 residential units available to the general public for rent or purchase and to complete such project in accordance with the terms of this Contract; WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and WHEREAS, Seller acknowledges that Buyer desires to complete the first phase of its development of the Property and certain obligations under the Contract within one year of the Commencement Date(as defined in the Contract), at which time it will secure construction financing from one or more third parties which will require the Property to be free of the Seller's right of reverter as set forth in the Contract, and subject to Buyer's complete satisfaction of the conditions of the Contract and which satisfaction is confirmed, verified, and accepted by Seller, Seller is willing to provide for a release of the right of reverter.. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: I DRAFT 05/07/2013 Buyer's Proposal or Proposal: Buycr's Proposal refers to Buyer's planned phased renovation of Building prepared by the managers of Buyer in December, 2012, to provide approximately 6,000 square feet of commercial space and approximately 47-53 residential apartments available to the general public for rent or purchase and to invest a sufficient amount of money in such renovation work in order to properly and timely complete the structural stabilization, interior demolition and construction work in accordance with the terms of this Contract. Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 12 hereof for the Closing. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller,which date shall be within ninety(90) Days after Closing. Contemplated Use: The development of the Property by Buyer for the purpose of renovating the Building to provide residential and commercial spaces for sale or rent to the general public, as outlined in Buyer's Proposal. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract,and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the structural stabilization, interior demolition, construction and renovation work to be done by Buyer over the course of nine hundred twelve (912) days 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 Contract. Property: The real property, including the Building and Improvements, located at 425 Church Avenue, SW, Roanoke, Virginia 24016 and designated as Roanoke City Tax Map Nos. 1011206, 1011209, and 1011210, and containing approximately 1.1364 acres, more or less, and being designated on the attached Land Title Survey dated February 4, 2010, prepared by Brian J. Casella of Balzer& Associates, Inc., a copy of which is made a part hereof and marked as Exhibit I (the"Survey"). 2 DRAFT 05/07/2013 Substantial Completion. Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the residential units, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ("Purchase Price") shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section I I of this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 12. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Buyer on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any 3 DRAFT 05/07/2013 termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws,rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 3, shall obtain, at their cost, any and all required permits and/or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. 1. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no/I00 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer acknowledges that Buyer has received a copy of the Survey, has reviewed the same, and agrees that it is an accurate Survey. (iii) Buyer accepts the Property in an "AS IS" condition acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws 4 DRAFT 05/07/2013 in renovating the Building, including the proper removal of any asbestos and lead paint on the Property. (iv) Buyer agrees to provide Seller with the Initial Performance Security as required by Section 13 at Closing. (v) Buyer acknowledges that it has been informed that Buyer may seek and apply for Enterprise Zone One A incentives as shown in the Economic Development Webpage at: http://www.roanokeva.gov/85256A8D0062A F3 7/CurentB aseL ink ft254JOUW8 13LBASEN, as well as applicable tax benefits, exemptions, or abatement, the same as other entities within Enterprise Zone One A. (vi) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (vii) Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 5 DRAFT 05/07/2013 B. Post Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate the Property in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Buyer will develop the Property in accordance with Buyer's Proposal and the Plans. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. All renovation, restoration, demolition, and construction work necessary to complete Buyer's Proposal in accordance with the Plans shall be Substantially Completed within nine hundred twelve (912) Days after the Commencement Date. 3. Buyer shall comply with the following conditions within three-hundred sixty-five(365) days of the Commencement Date: (i) To commence with construction activity, as defined below, within the time period required by Section 4(B)(4) hereof. For the purposes of this subsection "Construction Activity" shall mean: Buyer has secured and structurally stabilized the building, including securing of any existing exterior doors or windows, as necessary, repair or replacement of the existing building roof; conducted all required environmental inspections, abatement and remediation. (ii) To provide to Seller written evidence of construction-related expenditures (which may include architectural, engineering, legal and other related soft costs in addition to the costs of materials, equipment, and labor) of at least $500,000, ("Certified Renovation Work") as certified by an independent Certified Public Accountant (CPA). Such certification shall be delivered by Buycr to Seller's Director of the Department of Economic Development. Seller shall review Buyer's submitted materials and provide a written response no later than ten (10) business days after receipt of such documents from Buyer. (iii) (a) In the event that Buyer has not met the requirements set forth in Subsections (i) and (ii), above (the "Requirements"), Buyer shall have the option of providing the Additional Performance Security as additional security 6 DRAFT 05/07/2013 for the performance of Buyer's obligations under this Contract: (I) a performance bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) with corporate surety, from an entity registered, licensed, and conducting business in Virginia subject to prior approval by Seller in Seller's sole discretion,or (2) a letter of credit in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000.00) drawn against a bank or other financial institution registered, licensed and conducting business in Virginia, subject to prior approval by Seller, in Seller's sole discretion. (b) The Additional Performance Security shall be in addition to the Initial Performance Security as required (pursuant to Section 4(A)(2)(iv) hereof). If Buyer does not satisfy the Requirements and elects to provide Additional Performance Security, Buyer must provide the Additional Performance Security to Seller no later than the date which is the first anniversary of the Commencement Date. Failure to provide the Additional Performance Security shall be a material breach of this Contract for which Seller shall have its remedies as set forth in Section 18 hereof. (c) The Buyer shall renew or replace the Additional Performance Security at least sixty (60) days before any portion of the Additional Performance Security is cancelled or expires. Such renewal or replacement Additional Security shall be on terms and conditions acceptable to Seller. If such renewal or replacement Additional Performance Security is not renewed or replaced at least sixty (60) days prior to expiration or cancellation, or the Seller does not approve any proposed renewal or replacement Additional Performance Security within sixty (60)days prior to cancellation or expiration, any such event shall be a default and Seller shall have the immediate right to call the Additional Performance Security. 4. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller. If Buyer fails to commence Construction Activity within ninety (90) Days after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, draw and receive the Initial Performance Security, and, in addition, acquire the Property together with any improvements made by Buyer, in accordance with Section 17 hereof. 7 DRAFT 05/07/2013 5. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property or any interest in the Property until the Property has been developed completely in accordance with the Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building, and, if required by the City, for the residential dwelling units developed on the Property pursuant to the Plans. Buyer further acknowledges and agrees that Buyer, and its successors and assigns, shall not demolish the Building on the Property for at least 15 years after the date of the Closing. 6. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Director of Economic Development on the 1" day of each month, with the first progress report being due within 30 days after Closing. Such progress reports shall provide the Seller with sufficient information regarding Buyer's outstanding due diligence activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. Buyer shall also provide such reports on a monthly basis for the first year following the Closing and then on a quarterly basis thereafter. 7. Buyer shall file all appropriate and applicable real estate tax and other tax forms or notices with the City and ensure that Buyer has received assessments from the City for such taxes on time and no such taxes shall be in default at any time. Any such failure to pay all applicable taxes on time shall be a material default of this Contract. SECTION 5. PEDESTRIAN WALKWAY ON THE PROPERTY. Seller has advised Buyer of,and Buyer is aware of,the existence of a pedestrian walkway from the second floor of the Building on the Property to another building previously owned by the YMCA of Roanoke Valley, Inc. (YMCA) and pipelines for conducting steam over and under the 15 foot wide alley, all as more particularly described in Ordinance No. 22249 adopted by the Council of the City of Roanoke, Virginia on June 2, 1975. The YMCA has the obligation, as set forth in an agreement designated as Amendment No. 3 dated February 21, 2006, to an agreement dated December 24, 2002 between the YMCA and Seller (the "Third Amendment"), to remove the pedestrian walkway, at the sole cost and expense of YMCA, upon the request of Seller. Since it is more appropriate for Buyer to arrange for and coordinate the removal of the pedestrian walkway, Seller will assign to Buyer, to the extent permitted by the Third Amendment, the right of the Seller to require YMCA to remove the pedestrian walkway. Buyer agrees that Seller shall have no responsibility of any type to Buyer concerning such pedestrian walkway or the steam pipe and their removal or their continued existence. Buyer further agrees that the existence of and the lack of removal of the pedestrian walkway is not a violation of any obligation of Seller under this Contract, is not a defect in title, and shall not be any basis for Buyer failing to comply with the terms of this Contract. 8 DRAFT 05/07/2013 Buyer acknowledges that the pedestrian walkway that is connected to the Building on the Property is not a part of the Property. SECTION 6. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 7. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION S. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. SECTION 9. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law 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. Buyer 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. SECTION 10. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property, including, but not limited to, storm drainage, 9 DRAFT 05/07/2013 sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. SECTION 11. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. B. Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. The Property is located in the City's Downtown Service District and is subject to the special taxes of that District. However, Seller has no other knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. (i) Ingress to and egress from the Property is available and provided by public streets dedicated to the City of Roanoke; (ii) all roads bounding the Property are public roads dedicated to the City of Roanoke; and (iii) Buyer will seek a permit to use a portion of Fifth Street adjacent to the Property during the Project for storage of materials and as a site for a construction dumpster, as generally depicted in Exhibit 2,and Seller will cooperate with Buyer in seeking this permit. Seller acknowledges that Buyer intends to separately petition the City of Roanoke City Council to vacate this portion of Fifth Street adjacent to the Property. Buyer shall have no recourse to Seller in the event that City Council does not abandon such portion of Fifth Street. SECTION 12. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed (the "Deed") subject to the following: 10 DRAFT 05/07/2013 1. Ad valorem real property taxes for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the Survey to which Buyer has not objected to in writing; 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 12(B)below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed in accordance with Schedule of Contractual Conditions attached hereto and made a part hereof as Exhibit 3. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before , 2013, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10)business days in advance thereof(the"Closing Date"). D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred DRAFT 05/07/2013 twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in MI; c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any) shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,subject to the provisions of this Contract. SECTION 13. PERFORMANCE SECURITY FOR BENEFIT OF SELLER. A. Initial Performance Security. 1. As security for Buyer's compliance with the terms and conditions of this Contract and completion of the Project in accordance with the Plans, Buyer shall deliver to Seller on or before the Closing, one of the following: (i) a performance bond with corporate surety, issued by an insurance company qualified to, licensed, and conducting business in Virginia, subject to prior approval by Seller in Seller's sole discretion, or (ii) a letter of credit drawn against a bank or other financial institution, qualified to, licensed, and conducting business in Roanoke, Virginia, subject to prior approval by Seller, in Seller's sole discretion (the "Initial Performance Security"). The Initial Performance Security shall be payable to Seller and in the amount of Two Hundred Fifty Thousand Dollars ($250,000). The Initial Performance Security provided shall be valid for at least ninety (90) days after the Project is Substantially Complete. If the Initial Performance Security is not renewed annually or is threatened to be canceled and Buyer does not provide a replacement Initial 12 DRAFT 05/07/2013 Performance Security approved by Seller at least sixty (60) days before any portion of the existing Initial Performance Security is to be cancelled, such event shall be a breach of this Contract and Seller shall be entitled to exercise Seller's rights to immediately call the Initial Performance Security. 2. Buyer shall provide to Seller a copy of Buyer's proposed Initial Performance Security in a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow Seller to approve or disapprove such document at least ten (10) business days before the Closing. Notwithstanding other provisions in this Contract, if Seller has not approved the form and content of the Initial Performance Security proposed by Buyer at least ten (10) business days prior to the Closing, the Closing may be delayed at the sole option of Seller or Seller may (i) terminate the Contract; and/or(ii) pursue any and all other remedies as provided for by this Contract or by law, including damages against Buyer. 3. If Buyer fails to comply with any of the terms of this Contract or any of Buyer's obligations under this Contract, Seller may call on the Initial Performance Security required by this Section as well as, if necessary, the Additional Performance Security set forth in Section 13(B), for payment of the entire amount of the Initial Performance Security and, if applicable, the Additional Performance Security, and the issuer(s) of such security shall be obligated to pay such amount to Seller without delay. The parties recognize that Seller will suffer damages if Buyer fails to comply with the terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages Seller will suffer if Buyer fails to comply with this Contract. Therefore, Buyer hereby agrees to provide the Initial Performance Security, and the Additional Performance Security, if applicable, to Seller as liquidated damages for loss and damages to Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty. The basis of the amount of the Initial Performance Security, and the Additional Performance Security, if applicable, is the approximate value of the Property if it had been sold without conditions or obligations, as agreed to by the Buyer and Seller. Buyer further waives any defense as to the validity of any liquidated damages stated in this Section or Section 13(B) on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages Seller may be entitled to recover. B. Additional Performance Security. 1. In the event that Buyer does not satisfy the Requirements, Buyer may provide Seller with the Additional Performance Security as provided in Section 4 hereof Buyer shall provide Seller with a copy of the proposed Additional Performance Security no later than the first anniversary of the Commencement Date . 13 DRAFT 05/07/2013 2. In the event that Buyer does not satisfy the Requirements and fails to provide the Additional Performance Security, Seller may draw and receive the Initial Performance Security and, at Seller's option, obtain title to the Property in accordance with Section 18 hereof. C. Form of Initial Performance Security and Additional Performance Security. The form of the Initial Performance Security and the Additional Performance Security shall be in form and substance substantially similar to the forms attached hereto and made a part hereof as Exhibit 4. SECTION 14. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty(20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments,and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 15. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty(30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 16. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with 14 DRAFT 05/07/2013 respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 17. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after ninety days (90) days from the Closing, Buyer or its successor(s) in interest shall not have commenced securing the Property, repairing the roof, selective demolition, and cleanup, as reasonably determined by the Seller, and as mentioned in Section 4(B)(3), Seller shall have the right to refund to the then record owner(s) of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, together with any assignment of rights by Seller pursuant to Section 5 (A) hereof. In the event that the record owner(s) of the Property for any reason fails or refuses to convey title and assign rights under Section 5(A) back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. Seller shall also have the right to call upon the Initial Performance Security provided by the Buyer as required by Section 13 of this Contract. Buyer and/or its successors in interest shall pay to Seller any and all attorney's fees, costs, and other expenses incurred as a result of such action. B. Buyer agrees not to convey any portion of the Property to any other entities until the Project is Substantially Complete. If Buyer conveys or attempts to convey any portion of the Property, this will be deemed void, of no force or effect, and a breach of this Contract. SECTION 18. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. 1. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and/or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, collection of the Initial Performance Security, and the Additional Performance Security; 15 DRAFT 05/07/2013 termination of this Contract, collection of the Initial Performance Security, and acquisition of the Property, and assignment of any rights assigned by Seller pursuant to Section 5(A) hereof by reversion as provided in Section 18(B)(2) below; and all such remedies as may be allowed by law or in equity. 2. In the event that Buyer does not satisfy the Requirements and fails to provide the Additional Performance Security as set forth in Section 4(B)(3)(iii) hereof, Seller shall have the right, but not the obligation, to cause title to the Property, together with the Building, Improvements, improvements made by the Buyer, and any assignment of rights pursuant to Section 5(A) hereof, to revert to Seller free and clear of all mortgages, deeds of trusts, liens or encumbrances. Seller shall exercise this right of reverter by recording a notice of exercise of such right in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. Buyer shall be obligated to execute all documents requested by the Seller to acknowledge that all right, title and interest of the Property has reverted to Seller, free and clear of all interests of the Buyer, its successors and assigns, and all holders of any mortgages, deeds of trusts, liens or encumbrances. SECTION 19. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, 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 Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, SW Roanoke, VA 24011 Fax No. 540-853-1213 If to Buyer: Fifth & Church LLC ATTN: Faisal Khan 1902 Patterson Avenue, SW Roanoke, VA 24016 Fax No. 540-345-9603 16 DRAFT 05/07/2013 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 20. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 21. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 22. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 23. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 24. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 25. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. 17 DRAFT 05/07/2013 SECTION 26. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 27. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract 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 Contract or a waiver of any other breaches of the Contract 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 Contract 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 Contract or by law. SECTION 28. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 29. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Seller-supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 30. ENTIRE CONTRACT. This Contract, 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 Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW 18 DRAFT 05/07/2013 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By City Clerk - Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE,to-wit: The foregoing instrument was acknowledged before me this day of , 2013, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: FIFTH &CHURCH LLC By: Faisal Khan, Managing Member ' To-Wit: The foregoing instrument was acknowledged before me this_day of , 2013, by Faisal Khan, Managing Member of Fifth& Church LLC, a Virginia limited liability company, for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. 19 Exhibit 4 to Contract for Purchase and Sale of Real Property by and between City of Roanoke, Virginia (Seller) and Fifth & Church LLC (Buyer). (Sample Performance Bond and Sample Letter of Credit) PERFORMANCE BOND Bond Number KNOW ALL MEN BY THESE PRESENTS: That , a Virginia (hereinafter called Principal), and (Legal name to be inserted), a corporation organized and existing under the laws of , with its home office at , phone number , as Surety (hereinafter called Surety), are held and firmly bound unto the City of Roanoke, Virginia, a Virginia municipal corporation, do the City Manager, 364 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as Obligee (hereinafter called Obligee or City) in the full amount of _ Dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and Surety hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents to the terms of this Bond. The Principal and Surety acknowledge that the Principal has entered into a Contract with the City dated , for Purchase and Sale of Real Property, (such documents hereinafter referred to collectively as "Contract", unless the Amendments are referred to separately). Such Contract provides that the City is to sell certain real property, including the building located thereon, located at 425 Church Avenue, S.W., Roanoke, Virginia 24016, Tax Map Numbers 10112066, 1011209, and 1011210 (hereinafter called Property) to the Principal and the Principal is to purchase such Property for a reduced purchase price provided that the Principal shall comply with the terms of the Contract and make certain investments and improvements to the Property within certain time limits as set forth in the Contract, as well as other conditions required by and set forth in the Contract, all as more specifically set forth in such Contract, which Contract and its provisions are incorporated herein by reference. One of such conditions includes the requirement that the Principal provide the City with a Performance Security guaranteeing the Principal's performance and provides for liquidated damages (Section 15 of the Contract) in the amount of Dollars (S ) to be paid to the City and that the City may call on such Performance Security if the Principal fails to comply with the terms of the Contact, including but not limited to the investments, the improvements to the Property, the time requirements, and other obligations required by the Contract. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the above recitals are incorporated into this obligation and the Principal and Surety further agree that if the Principal shall well and truly perform and fully carry out the covenants, terms, and conditions of such Contract in strict conformity with such Contract, then this obligation shall be void; otherwise, this Performance Bond shall remain in full force and effect and the Surety shall be responsible for performing or having performed at Surety's cost such Contract, including paying to the City the amount of Dollars ($ ) as liquidated damages as provided for in the Contract, as well as any other obligations, damages, and amounts that may be allowed by such Contract. The Surety's obligation to pay the amount of liquidated damages set forth herein shall be absolutely due on receipt of written notice from the City to the Surety that the Principal has failed to comply with any of the terms and provisions of the Contract. The Surety hereby agrees that upon receipt of such written notice from the City, 1 signed by the City Manager or other designated City Official, the Surety shall immediately pay the amount of Dollars ($ ) to the City (without any reservations or right to assert any defenses of any type to the demand) by sending a cashiers or certified check or a City approved wire transfer to the City within seven (7) consecutive calendar days after receipt of such notice. The written notice to the Surety may be sent to the Surety by certified or registered mail, return receipt requested, personally delivered, or delivered by a recognized overnight carrier to the Surety's address as follows: (Note: Need the legal name of Surety, to whose attention the notice should be sent, a street address (no P.O. Box), and a phone and fax number.) Telephone: Facsimile: The Principal and Surety further agree that: 1. Any alteration which may be made to the terms of the Contract including,without limitation, any waiver by the City of any particular breach or term of the Contract or any extension of time or performance of any term or condition of the Contract or any other forbearance of any nature whatsoever on the part of either the City or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and any notice of such alteration, extension, or forbearance is hereby expressly waived by the Surety. 2. It is not intended by any of the provisions of any part of this Performance Bond to confer a benefit on any other person or entity, other than the City or its successors or assigns. 3. This Performance Bond shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions, and any applicable federal laws. Venue for any litigation, suits, and claims arising from or connected with this Performance Bond shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, or the United States District Court for the Western District of Virginia, Roanoke Division, if a federal question exists. All parties to this Performance Bond voluntarily submit themselves to the jurisdiction and venue of such courts,regardless of the actual location of such parties. 4. The Surety agrees that it will not materially change, alter, or cancel this Performance Bond without providing the City with one hundred twenty (120) days prior written notice by certified mail of such change, alteration, and/or 2 cancellation. Such notice shall be sent to the City Manager as set forth in the Contract. 5. The term of this Performance Bond shall be from , 20_ to and including August 1, 2012, and shall be automatically renewed thereafter for successive twelve (12) month periods unless the Surety elects to non-renew by providing written notice by certified mail to the Principal and Obligee, not less than one hundred twenty (120) days prior to the expiration date, of its intention not to renew. SIGNED and SEALED this day of , 2013. WITNESS: (Principal) By By Printed Name and Title Printed Name and Title (Seal of Principal) WITNESS: (Surety) By By Printed Name and Title Printed Name and Title (Scal of Surety) (NOTE: Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney.) 3 [Bank Letterhead] Standby Letter of Credit Letter of Credit No. Issue Date: 2013 Expiry Date: Amount: $ (USD Thousand and 00/100) CITY OF ROANOKE., VIRGINIA CHRISTOPHER P. MORRILL,CITY MANAGER MUNCIPAL BUILDING ROOM 364 215 CHURCH AVENUE ROANOKE, VIRGINIA 24011 Dear Mr. Morrill: We hereby issue this standby letter of credit for the above amount in the favor of the City of Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on Bank bearing the clause, "Drawn under Bank Letter of Credit Number ",accompanied by the following documents: This Letter of Credit and a certified statement signed by the City Manager or other designated City Official of the City of Roanoke, Virginia, stating that ., has not complied with the terms and conditions of a Contract dated , by and between , and the City of Roanoke, Virginia, (the "Contract'), and that the amount of funds requested are due to the City of Roanoke, Virginia, for 's failure to comply with the terms of the Contract. This letter of credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. This letter of credit shall remain in full force until and including , and shall automatically renew itself from year to year thereafter unless and until Bank shall give ninety (90) days prior notice to the City of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the letter of credit is in full force and effect,the City may draw up to the full amount available under the letter of credit with a draft accompanied by a document stating the , or its agent has not compiled with the Contract and/or has not provided an acceptable substitute irrevocable letter of credit. 1 We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s)as specified and the original of this credit, at our office located at Roanoke, Virginia on or before 12:00 noon on the above stated expiry date or any renewal thereof. Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and Practice for Documentary Credits,established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, Bank Signed Title: 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + FIFTH & CHURCH LLC FIFTH & CHURCH LLC POST OFFICE BOX 6284 NROICEOFPUBLIC ROANOKE VA 24017 REARING The City of Roanoke noposes to enter Into a contract selling three(3) City owned parcels located REFERENCE: 86002702 at 425 Church Avenue,SW. (Tax Map Numbers 13316945 NPH-Fifth and Church 1011206, 1011209. 1011210),which is the site of the former YMCA facility, State of Virginia to eilth F6th&Ch Church In g order for ate the ehexising City of Roanoke to renovate the ring rig Y building ly6000 rig In apet of commercial e,0u0 wane ndt of roxi4 to space 3 I, (the undersigned) an authorized representative and al apartments terms subject of the Times-World Corporation, which corporation to certain terms and is publisher of the Roanoke Times, a daily c pursuant to the 0ulfementa of newspaper published in Roanoke, in the State of .11152100001 and 1613. Code of Virginia(1950),as Virginia, do certify that the annexed notice was amended notice is hereby published in said newspapers on the following ofvthe that of Roanoke Council dates: hold a public hearing on the above matter at Its regular meeting to be held on Monday, May 20,2013. commencing at 7t00 p.m., or as soon thereafter as the matter may be heard.In the Council Chambers, 4th Floor,Noel C. Taylor City/County of Roanoke, Commonwealth/State of Church Building, hAvvenue, S W... Roanoke,Virginia,24011. Virginia. Sworn and subscribed before me this Further Information. kaaof May d1. . Witness my hand and pclading a copr of the Y Y Y proposed contract, Is available from the Offices official seal . \ the City Clerk for the 0532541 _e , : Osg� _. Notary Public Citizens mall have the opportunity to be heard and express their opinions on accommodations c mo. if you are a Person with a l h° eeds sco for this the hearing.please contact the City Clerks Office at(540) WI 4 0532561,before 12:00! vt PLAy a on Thursday,May 10,. PUBLISHED ON: os/1o0�...... .Mgf;�:, 2013. IN under my hand this 6th day of May,2013. J` P 'NO i STEPHANIE M.MOON PPY �m • VV{jl\O i CITY CLERK 030 '. EO #/(34 0\0N . ¢ _ 13315946) 7. * : RMV G0 PM1`5 .— Q. TOTAL COST: 248.40 ---. � ..... O,) FILED ON 05/21/13 p�NWEi\O\ P Authorized f /j t Signature: /�/,L 117 Billing Services Representative �v) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to enter into a contract selling three (3) City owned parcels located at 425 Church Avenue, S.W. (Tax Map Numbers 1011206, 1011209, 1011210), which is the site of the former YMCA facility, to Fifth & Church LLC in order for Fifth & Church LLC to renovate the existing building resulting in approximately 6,000 square feet of commercial space and approximately 47 to 53 rental apartments, subject to certain terms and conditions. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, May 20, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4s' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information, including a copy of the proposed contract, is available from the Office of the City Clerk for the City 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, May 16, 2013. GIVEN under my hand this 6th day of May , 2013. STEPHANIE M. MOON CITY CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, May 10,2013: Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Fifth &Church LLC 215 Church Avenue, S.W., Room 456 Ann: John Kahn Roanoke, VA 24011 Post Office Box 6284 (540) 853-2541 Roanoke, Virginia 24017 (540) 777-4777 02C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2013. No. 39672-052013. AN ORDINANCE authorizing the proper City officials to execute a Sales Contract and the necessary documents between the City and Intercept Youth Services, Inc. ("Intercept"), to sell to Intercept approximately 6.928 acres of City-owned property, located in the Coyner Springs Road area of Botetourt County, designated as a portion of Botetourt County Official Tax No. 108(9)1A, commonly known as the former Crisis Intervention Center, upon certain terms and conditions; conveying to Intercept a 20 foot permanent, non-exclusive ingress/egress easement across the remaining portion of such City-owned property; authorizing the City Manager to execute such further documents and take such further actions as maybe necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, a public hearing was held on May 20, 2013, pursuant to Section 15.2-1800 and Section 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 as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Sales Contract, substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated May 20, 2013, to sell to Intercept approximately 6.928 acres of City-owned property, located in the Coyner Springs Road area of Botetourt County, designated as a portion of Botetourt County Official Tax No. 108(9)1A, commonly known as the former Crisis Intervention Center. The purchase price to be paid by Intercept to the City is $420,000. The 1 City Council further finds the sale of such property will be of economic benefit to the City and its citizens. 2. The City Manager is further authorized on behalf of the City to execute a 20 foot permanent, non-exclusive ingress/egress easement to Intercept across the remaining portion of such City-owned property to be retained by the City, to allow Intercept, its employees, business invitees, and others access to the property from Coyner Springs Road. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions as may be necessary to implement, administer, and enforce such Sales Contract and Easement, and to negotiate and execute any other agreements and documents relating to this matter. 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATT ST e, tfyCity Clerk. 2 �Anri IL9 '1 =' CITY COUNCIL AGENDA REPORT - :r . To: Honorable Mayor and Members of City Council Meeting: May 20, 2013 Subject: Public Hearing Regarding a Contract for Sale of an Approximately 6.92 Acre Parcel of City-Owned Property Located in the Coyner Springs Road Area of Botetourt County, the Former Crisis Intervention Center Background: In June, 2010, the City of Roanoke closed the Sanctuary Crisis Intervention Center located in the Coyner Springs Road area of Botetourt County, and proceeded to outsource the utilization of short term shelter care for youth on an as-needed basis to other facilities in proximity to Roanoke. Since that time, the former Crisis Intervention Center has been boarded and secured and the outsourcing of needed services has continued successfully. The facility, built in 1992, is comprised of an approximately 6,500 square foot building and a parking lot of 19 spaces. In 2012, Intercept Youth Services, Inc. of Richmond, Virginia (Buyer) made an offer to acquire an approximately 6.92 acre City-owned parcel (Property) containing the former Crisis Intervention Center. The offered purchase price is $420,000. The price offer is consistent with the Property's fair market value established by a real estate appraisal commissioned by the City in 2012. A permanent non-exclusive ingress/egress easement would also be provided to the Buyer from the conveyed parcel across a separate City-owned property to Coyner Springs Road. The Buyer proposes to use the Property and the existing 6,500 square foot building on the parcel as a treatment center for youth. Considerations A proposed sales contract (Contract) has been developed which will convey the Property and a non-exclusive ingress/egress easement to the Buyer under certain terms and conditions. The Contract provides for a ninety (90) day inspection/due diligence period by the Buyer followed by a one hundred fifty (150) day period during which the Buyer will seek rezoning approval from Botetourt County in order to use the Property in its intended manner. Should a rezoning not be approved by Botetourt County within this timeframe, the Buyer or City may terminate the Contract. The Contract also provides for the City to convey a permanent non-exclusive ingress/egress easement to the Property across adjacent remaining City-owned property, and outlines the rights and responsibilities of the Buyer and the City to maintain the existing roadway that connects both the Property and the remaining adjacent City-owned property to Coyner Springs Road. The Buyer has approved and accepted the form of the Contract including an Exhibit, a copy of which is attached to this report. A public hearing is required prior to City Council authorizing the execution of the Contract. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute the Contract for sale of the Property in a form substantially similar to the Contract attached to this report. Such Contract is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, including the execution of a Deed of Conveyance and Ingress/Egress Easement, and to complete the sale of the Property to Intercept Youth Services, Inc. with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above mentioned Contract and any other related documents. I istopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane Conlin, Director of Human and Social Services James O'Hare, Youth Haven, Youth Care Administrator 2 Exhibit 1 M .®a.. r' K w a "" ee±rroa®Rra .. m . r i,.— b n M YwBONmaNawSE $ %L I.lameiID .wl,l. . a , t .aK,KS MID ws ,ew 1hw,RIK wIwI.a i ER.:NaswETATEa Na1m♦1ITR ewwm a em lK.l.w®o e5'Wn er Ly K _ ammo FIAT me 2 wWa«L Lowe&a l• __ n 5ew5.WNW/ „a me summon 01 canon 6wnm AO IX `lazls 'araam Pete�. .� _tea FM No me wDAIL re ew+e1l 1 w ewnm re MC eomw^OW^` 'awa a Met"°e°Mew PSIS"° VICINI"f Y.NAP Ila ww.Kw• P umwm AS 10 us a PM emeem we wean. ma e Kane MOW a.a Nee m muww SWANK K5 n �� . 50/$w me_ e. s Fee�1T Or m K K.o \ W ownwlel P.melt Me wrote) we '' wN I- \ w H €'_K 9 p F Sli SINS OP s wwem lwwllw w.c. ,w,a Io—.a w -.t.S 4- a I A WWI nut el so /DR wNOwe MO norm mew ern mu sse \ w1e,W.00 wwa�alaKw.WK, ----�-- "4<:S�<R, .wow.w®NE me — n wmU t a'. aloe '°°°""°" w__ ewlwre u°� 0+I 151.5 co I OW DP ROANNE TAX AM' 161-9-1 I Imm.Aan"'at 1 e F w I • R __ a ' e' nRww, GRAM OGLE PLAT OF SURVEY E° i"`°n'Eac.Ne 0a 1=C SHOWING y 1 IM WTWA4 SURMI7SIONF R n IM 1}'l R • 1 FN MO'M1 CITY OP ROANOKE y "'^;"o WI R.W)WN AS T.0 PARCEL IIWa/A \ FFa IL�a''�' ANOlcawalNu4 TOZU OF NURACKES C ': SUBDIVIDING INTO TWO PARCELS GUNTAINIMI k^A x.1 - 2W PARCEL"A'RnAACRPS AND Le.AVINC.'Na _ .$r RveAWWI PARCEL OF IOZ51"CRS �i Ti-w� PAYED I •••i.j�i‘N Sa�KTPLI YK L0.'AIFDW)]ILM15tBR4AHWAC6TERG I.DISTRICT bIZ� nOT[rgJRTCOUNT.u')ROINIA I"Fee WEET 10E2.....-..^...... •••••■•••••• •••■- ED mL ea w K lean xe Ear De Cr M Mme an cam Nan aMw\C1O/nhx AA 23' MAYA AC lea 22 2 112A Magna AM MIPUM.�M4 Yw PMT ' PRO or ME"MIMI �� ,Mtl N522.22.x2 '"swr.IR VICINITY MAP on nib tn. a PP"ran 1.12222122A Wr 21.31121•34 2221"2- a m. rota% w,,RCA •22201A mesn 7. me mLm www 1 1 •1)45 MA WO 00 She IAA ClIetras lb MC Mat.:Cni C.J9=MI= MARYS CCM MC Di VMS Of MOM gal•--n i e...�ie -.c3n y40 0 mann c. R.m UnkitillIgalla • e MANIC SCALE FLATOF:VEY SHOWING ..x.x t IN KA I TN£MAR SSURPIl7Sj NPOR • �n I I W x RMIgxE REIMKNOIVN AS TAX PARCFL 108-Q.IA j4 FIt s AND CONTAINING TOTAL OF 1101:/SOWS PletEITS AL INO mate NPII PARCCRL:.R➢LVACRIUANO LEAVING VIE aHEW pN�,4- ag4VNm9PARCELOF I07..rs+Ac nc 6'9 ',el OLD ue P[Ar LC L r„-A 'normwarcowrr�rrnccwacmnaa-r sneer:OFT ma ramp ,.�..-.,..-. •.—..•._._.—•— w ram w w FAMINE w.m �.@R'a Krn..sn ..w u..nm',onen AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property("Agreement") is dated , 2013, by and between the City of Roanoke, a Virginia municipal corporation 215 Church Avenue, Room 364, Roanoke, Virginia 24011("Seller")and Intercept Youth Services, Inc., 5511 Staples Mill Road Suite 102,Richmond,Virginia 23228("Purchaser'). RECITALS WHEREAS, Seller is the owner in fee simple of certain real property and improvements thereon located in the County of Botetourt,Virginia,as shown and described more particularly on the Plat attached as Exhibit"1"and described 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 of operating a "Fresh Start' Level C Treatment Center for youth, as described in Purchaser's letter to the City of Roanoke,dated July 3,2012,attached as Exhibit"2"; 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 and exhibits are incorporated into this Agreement and that they further agree as follows: 1. 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. "Property"shall mean the 6.928 acre, more or less, portion of the lot or parcel of land and improvements thereon, commonly known as the "Former Crisis Intervention Center," designated as "New Parcel A", together with (i) any buildings and improvements thereon; and (ii) a permanent, non-exclusive ingress'egress only easement of 20 feet in width; and which is shown on Exhibit 1, "Nat of Survey Showing the Minor Subdivision for the City of Roanoke being known as Parcel 108-9- IA", dated , (the"Plat"), and to be recorded in the Clerk of Circuit Court for the County of Botetourt,prior to or on the Closing Date. C. "Purchase Price"shall mean $420,000.00 in C.S.Dollars. D. "Purchaser" shall mean Intercept Youth Services, Inc., 5511 Staples Mill Road Suite 102,Richmond.Virginia,23228.("Purchaser"). E. "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, 1 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. F. "Settle" and/or "Closing" shall mean the consummation of the sale and purchase provided for in this Agreement to occur as provided in Section 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 Four Hundred and Twenty Thousand and No/100 Dollars($420,000.00)in cash at Settlement, in addition to such other closing costs attributable to Purchaser as set forth herein. If payment is by check,the check shall be a certified or cashier's check payable to the City of Roanoke. 4. DEFAULT/TERMINATION. Purchaser shall have the right,until all contingencies set forth in Section 8 below have been satisfied, to notify Seller of Purchaser's election to terminate this Agreement and neither party shall have any further dghts against or obligations to the other party arising out of this Agreement. 5. REPRESENTATIONS AND WARRAN lIE$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, easements, encumbrances, leases, covenants, conditions, restrictions which Purchaser, in its absolute discretion, determine may materially and adversely impair its intended use of the Pproperty, and titter will be insurable on standard commercial terms with all appropriate and customary endorsements, including insured access to a public road, at standard title insurance company rates of the title company chosen by Purchaser,except for restrictions and encumbrances appearing of record. 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 or title search of the Property would disclose. Conveyance of title to Purchaser shall be by Special Warranty deed. B. Purchaser shall have until the expiration of the Inspection Period, as referenced in Section 13 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 ohject 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 2 Agreement), 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. 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, WHERE IS" condition at the time of Settlement. The Seller is making no warranties, or representation regarding the physical and environmental condition of the Property, or the suitability of the Property for Purchaser's purpose. 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 he 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. D. 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 he 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 wan-ants to Seller that the Purchaser has the financial ability to purchase the Property, and is purchasing the Property in its AS IS.WHERE IS condition,without any warranties by Seller as to the physical or environmental condition of the Property, for the use contemplated in the attached Exhibit 2. 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. Any buildings or improvements shall be in their currentAS IS,WHERE IS condition. --{Formatted:Foci:ma —_ B. Purchaser shall promptly pay for all advertising costs and any related fees or costs connected with this Agreement and/or sale of the Property, including, but not limited to the costs for any advertisement of required public hearing(s). Such payments shall he made directly to the entity providing the advertising or other 3 service as the City may direct. C. Purchaser shall be responsible for payment of all application, filing and related fees to the County of Botetourt for Purchaser's desired rezoning of the property as defined in Section 8(B)below. 8. 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 for appropriate rezoning from the County of Botetourt within sixty(60)days after the completion of the Inspection Period referred to in Section 12 below and shall diligently pursue in good faith the rezoning process. If the Purchaser's rezoning application of the Property for the purposes of establishing a treatment center for youth, including any proposed expansion of the center which is included, depicted, and requested in the rezoning application, is denied by the Board of Supervisors of Botetourt County either party may terminate the Agreement by written notice of termination to the other party. Furthermore, if the Purchaser has not obtained the approval of the Botetourt County Board of Supervisors regarding such rezoning request within One Ilundrcd Twenty (150) days of its filing of such rezoning application with the County of Botetourt, the Seller may terminate the Agreement by written notice of termination to the other party. 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("Closing Date"). 10. 'FENDER 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 II. 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 he responsible for any other fees charged to them,as agreed upon by them or their attorneys. 4 12. TITLE AND CLOSING. El. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to --f Formatted:Fmt:12 pt Purchaser by Special Warranty Deed in an AS IS,WHERE IS, condition (the "Deed") subject to the following: 1. Ad valorem real property taxes for the current year,not yet due and payable; 2. Those matters of title to which Purchaser has not objected to in writing; 3. Those matters reflected on the Survey to which Purchaser has not objected to in writing; 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment(if obtained by Purchaser); fi. Standard conditions,other customary and usual exceptions not adversely affecting title;and B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company (if obtained by Purchaser) to issue, upon payment of its normal premium, to Purchaser its ALTA. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Purchaser in the amount of the Purchase Price in respect to the Property (including access to the Property) and that title to the Property is vested in Purchaser subject only to the Conditions of Title. C. On the Closing Date. Seller shall deliver or cause to be delivered to Purchaser the following documents: I) Its duly executed and acknowledged Special Warranty Deed conveying to Purchaser the Property in accordance with the provisions of this Contract; 2) A mechanics lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five(125) days immediately preceding the Closing Date that could result in a mechanic's lien claim. or. if such work has been performed, it has been paid for in full; 3) A parties in possession affidavit satisfactory to the Title Company; 4) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller. as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; 5) A duly executed counterpart of a Closing Statement:and 6) Any other items required to be delivered pursuant to this Contract. D. At Closing real property taxes(if any)shall be prorated with Purchaser being responsible for all periods thereafter. E. Purchaser shall pay for(i)the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance of the Title 5 Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Purchaser; (iii) the newspaper ad advertising the public hearing by City Council for its consideration of this matter, and (iv) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. F. Seller shall pay the Grantor's tax, if'any, and the expenses of legal counsel for Seller, if any. G. Exclusive possession of the Property (other than the access/egress only easement) shall be delivered to Purchaser on the Closing Date,subject to the provisions of this Contract. 13. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Purchaser shall have ninety(90)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. B. In connection with the Purchaser's ability to conduct its Due Diligence review mentioned above the Seller hereby grants to Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Due Diligence Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase 1 and Phase II Environmental Assessments, or geotechnical assessments,or nondestmctive engineering evaluations of the Property, and to store Purchaser's property and equipment,upon the following terms and conditions: I. If the Purchaser exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 13. the Seller may immediately revoke this right of entry. 2. Purchaser agrees to he responsible for any and all damages resulting from the activity or activities of Purchaser, its officers agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Purchaser shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property and to restore any part of the 6 Building that Seller determines was substantially damaged by Purchaser's actions. 3. Purchaser agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including attorney's fees, 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 Purchaser in connection with this right of entry, including, but not limited to, Purchaser's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Purchaser on the Property, or the exercise of any right or privilege granted by or under this Section 13. In the event that any suit or proceeding shall be brought against the Seller or any of its officers,employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Purchaser, its officers, agents. employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof. Purchaser, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller 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 Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Purchaser,its officers, agents,employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Purchaser will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including attorney's fees,and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 4. Purchaser shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Purchaser under Section 3. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, 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 Purchaser's acts or omissions. The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. 7 (iii) Workers' Compensation. Workers' Compensation insurance covering Purchaser's statutory obligation under the laws of the Commonwealth of Virginia and Employer's liability insurance shall be maintained for all its employees engaged in work under this Section 3. 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 insurance company shall waive rights of subrogation against the Seller, its officers,employees,agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall he$1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $2,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Purchaser to the Seller. 6. All insurance shall also meet the following requirements; unless otherwise agreed to by the City's Risk Manager: (i) Purchaser shall furnish the Seller a certificate or certificates of insurance showing the type, amount,effective dates and date of expiration of the policies.All such insurance shall be primary and noncontributory to any insurance or self-insurance the Seller may have. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30)days written notice has been provided to the Risk Management Officer for the City of Roanoke, except for non- payment of premium which shall be ten(10)days" (iii) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers, and representatives as additional insureds. 8 (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 3, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 3 shall be authorized to do business in the Commonwealth of Virginia. C. Upon the request of Seller, Purchaser, its officers, agents,employees,contractors, subcontractors, licensees,designees,representatives and consultants,shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Purchaser shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees,representatives and consultants, shall at all times during performance of the Contract, comply with all applicable federal, state, and local laws, rules. and regulations. Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this section shall obtain, at their cost, any and all required permits and/or licenses for any such work 14. ACCESS EASEMENT. A. General_PreWisions. The Purchaser acknowledges that the 20 foot wide permanent nonexclusive ingress, egress easement referenced in the description of the Property(the"Access Easement"), will be conveyed to Purchaser to provide Purchaser access to the Property across the parcel designated as Parcel (the "Burdened Parcel"), as shown on the Plat The Access Easement will permit Purchaser, its employees, agents, contractors and business invitees, with access to the Property, on foot or by vehicle, for access only to the Property, and such Access Easement shall not be used by Purchaser,its successors and assigns, for any other purpose. The Access Easement shall include the grant of a temporary construction easement for the purpose of placing materials,equipment and persons on portions of the Burdened parcel adjacent to the Access Easement for the purposes of maintaining, repairing or reconstruction of the roadbed and surface within the Access Easement. All maintenance, repair, or reconstruction work shall be within the Access Easement this temporary construction easement shall be exercisable by Purchaser from time to time as maintenance, repair, or reconstruction of the roadbed and surface within the Access easement is required. the terms of the Access Easement will include reasonable provisions regarding amounts and types of insurance coverage, prior notice to the Seller, restoration of the Burdened Parcel, and other usual and customary provisions related,w the use and operation of the temporary construction easement and the Access Easement.a Iti-soos t • bl.,of tempo/a/o ..,,;y and v c pane) or adj,.c.rt Lai,of Scllsr f 9 and reconstruction of-the-it.db.d and ;,.rf c.. Subject to Section 14(C) below, the Access Easement shall be limited to its current location and Purchaser, its successors and assigns, shall have no other rights thereon, above or below the ground encumbered by the Access Easement. Purchaser, its successors and assigns, shall be solely responsible to maintain and repair the Access Easement. All terms,provisions,and conditions of Access Easement shall be granted and set forth in the Special Warranty Deed. B. Maintenance of Access Easement. The parties agree that Purchaser, its successors and assigns shall maintain,and repair,the Access Easement,including any maintenance, repairs or replacement of the pavement (the "Maintenance Costs"),at Purchasers, sole cost and expense, until such time as Burdened Parcel is developed. At such time Burdened Parcel is developed, the Maintenance costs, shall be allocated between the owner of the Property and the owner of the Burdened Parcel with the owner of the Property being responsible for 67% of the Maintenance Costs and the owner of the Burdened Parcel being responsible for 33%of the Maintenance Costs. The parties agree to enter into a maintenance agreement at the time the Burdened Parcel is developed. For purposes of this Agreement, development shall mean the subdivision or rezoning of the Burdened Parcel by the owner or the construction of one or more buildings on the Burdened Parcel. C. Relocation or extinguishment of Access Easement. (1) Seller, for itself and its successors and assigns, reserve the right at any time,and from time to time, to relocate all or any portion of the Access Easement on the Burdened Parcel. Any such relocation shall be constructed at the sole cost and expense of Seller. Prior to any such relocation, Seller shall provide notice to Purchaser of the proposed relocation,including the construction schedule for the relocation. During construction, Seller and Purchaser shall cooperate with the construction to insure that Purchaser has reasonable access to the Property. Upon completion of the relocation.Seller and Purchaser shall execute and record a deed of easement which establishes the relocation of the Access Easement and extinguishes the original Access Easement. (2) In the event the Purchaser establishes vehicular access to the property along frontage of the Property on Coyncr Springs Road. Botetourt County, Virginia, then the Access Easement shall automatically terminate and Purchaser, its successors and assigns shall have no further rights in the Access Easement. Upon such event,Seller and Purchaser shall execute and record an extinguishment of easement in the Clerk's Office of the County of Botetourt 15. RISK OF LOSS. Risk of loss shall be borne 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. 10 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. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, 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 Seller: City of Roanoke, ATTN: City Manager 364 Noel C.Taylor Municipal Building 215 Church Avenue,SW Roanoke,Virginia 24011 Fax No,540-853-2333 With a Copy to: -Assistant City Manager for Community Development -- -t romuted:Indent:left. 2 City of Roanoke 364 Noel C.Taylor Municipal Building 215 Church Avenue, SW Roanoke,VA 24011 Fax No. 540-853-2333 If to Purchaser: Intercept Youth Services, Inc. ATTN: Mark Bogert,Executive Director 5511 Staples Mill Road,Suite 102 Richmond,VA 23228 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. 18. 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. 19. ASSIGNABILITY: This Agreement is not assignable to any third party without the expressed written consent of all parties to this Agreement. 20. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be 11 employed in the interpretation of this Contract or any amendments or exhibits hereto. 21. SEVERABILITY AND SURVIVAL_If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in Poll force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction,they shall be deemed modified to the extent necessary to make them enforceable. 22. lime is of the essence with respect to all provisions of this Agreement. 23. 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. 23. 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 Agecment shall he valid miless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF,Purchaser and Seller have executed this Agreement by their authorized representatives. SELLER: ATTESI: CITY OF ROANOICE,VIRGINIA(Seller) By. City Clerk Christopher P.Morrill,City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE,to-wit: The foregoing instrument was acknowledged before me this day of ,201 by Christopher P.Morrill,City Manager for the City of Roanoke.Virginia,for and on behalf of said Municipal Corporation. My commission expires: Notary Public SEAL 12 PURCHASER: INTERCEPT YOUTH SERVICES, INC., WITNESS/ATTEST. _ By (SEA[) Printed Name and Title Printed Name: Title: S §To-Wit: i The foregoing instrument was acknowledged before me this day of ,201 ,by the President of Intercept Youth Services,Inc.,for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 13 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + INTERCEPT YOUTH SERVICES, INC. INTERCEPT YOUTH SERVICES, INC. 5511 STAPLES MILL ROAD, SUITE 10 RICHMOND VA 23228 NBIICEOFPUBLIC NEARING The City of Roanoke proposes to convey REFERENCE: 88599379 approximately 6.928 acres gp tedthe of City-owned property to LI¢rkle se ends l54 13316967 NPH-Sale of Property Intercept Youth services. Inc.('Intercept'),located in y05C1,berate 1]iotio0ohooinst the Cotner Springs Road onihufadaY�MeY of 3otetourt County, g,State of Virginia and designates as a portion yEN anger my band City of Roanoke Tax No n 108t(9)1A, � y0ysnna'Me M:m .mo ly known as the Gry k commonly Former Crisis Intervention I, (the undersigned) an authorized representative Center",to be used by 1BBST)as 9 P centeror yo a used by of the Times-World Corporation, which corporation of Roanoke f The City is publisher of the Roanoke Times, a daily proposes m convey m Intercept, a 20 foot newspaper published in Roanoke, in the State of permanent non-exclusive Ingress/egress easement Virginia, do certify that the annexed notice was a oss City-owned property to allow intercept access to published in said newspapers on the following Comer Springs Road. dates: Pursuant to the §erequirements of 15.2,1800 and §15.2 1813, Code of Virginia notice is herebyy given that the City Council of the City of Roanoke will hold a public hearing on the above matter at regular City/County of Roanoke, Commonwealth/State of meeting to be held on Monday.May 20.2013, Virginia. Sworn and subscribed before me this commencing at 7:00 p.m., soon thereafter as the ;a1Stray of May 2.! 3 . fitness my hand and matter may be heard,in the Council Chambers, 4th, official seal . Floor, Noel C. Taylor Municipal Building.215 Church Avenue. S.W . • ,__ 1 Notar Public Furtherinfoirmatio01i. _�� !\_� Y Further information is trr urrr available from for Office of DYA maanok thm(54 of Roanoke at (540) ` y' .8512541. :aQ,P\` . v: Citizens shall here the j�_' NOTARy 9 - express itheirr be herons and PUBLIC '.2 = said matter. * + PEG.#7090930 = If you are a person with a ' disability hon needs PUBLISHED ON: 05/10 ? MY COMMISSION * accommodations for this C7 - o�,yFALTH aF�,Q�s; TOTAL COST: 260.88 FILED ON: 05/21/13 + Authorized 1.0'C' Signature: (` `` /i/C�14 ei Billing Services Representative /p)� NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey approximately 6.928 acres of City-owned property to Intercept Youth Services,Inc.("Intercept"),located in the Coyner Springs Road area of Botetourt County, and designated as a portion of Botetourt County Official Tax No. 108(9)1A, commonly known as the"Former Crisis Intervention Center", to be used by Intercept as a treatment center for youth. The City of Roanoke further proposes to convey to Intercept, a 20 foot permanent non- exclusive ingress/egress easement across City-owned property to allow Intercept access to Coyner Springs Road. 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 beheld on Monday,May 20,2013,commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C.Taylor Municipal Building,215 Church Avenue, S.W.,Roanoke,Virginia,24011. Further information is available from the Office 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, May 16, 2013. GIVEN under my hand this 6th day of Nay , 2013. Stephanie M. Moon, City Clerk PH-sale of city pmp,y 6 92A acres.Coyner Sprints TM I O&9-I A 5-20.2013 Notice to Publisher: Publish once in the Roanoke Times on Friday, May 10, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Mark Bogert, Executive Director 215 Church Avenue, S.W., Room 456 Intercept Youth Services, Inc. Roanoke, VA 24011 5511 Staples Mill Road, Suite 102 (540) 853-2541 Richmond, Virginia 23228 (804)440-3700 PH-sale of city pruperty.6 928 acres Owner Springs.TM 108-9-I A.5-20-2013 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE-CITY CLERK Municipal Bldg Rm 456 NOTICE OF PUBLIC COMMENT Roanoke VA 24011 Notice is hereby given that the City Council of the City of Roanoke Reference: 10154151 will hear public comments at its regular meeting to be held on 13323571 May 20,2013,commencing at 7:00 p.m.,and on June 3, 2013, commencing at 2:00 p.m.in the Council Chamber,4th Floor,Noel State of Virginia C.Taylor Municipal Building,215 Church Avenue,S.W., Roanoke, City of Roanoke Virginia on the matter of pay increases for the Mayor and Members of City Council. Citizens shall have the opportunity to-be heard and I, (the undersigned)an authorized representative express their opinions on this matter. ` of the Times-World Corporation, which corporation - is publisher of the Roanoke Times, a daily If you are a person with a disability who needs accommodations newspaper published in Roanoke, in the State of for this public comment period, contact the City Clerk's Office, Virginia, do certify that the annexed notice was 853-2541,by 12:00 noon on Thursday,May 16,2013. published in said newspapers on the following GIVEN under my hand this 14th day of May,2013. dates: -Stephanie Moon, City Clerk City/County of Roanoke, Commonwealth/State of Virginia. Sworn &subscribed before me this A k5t—day of May 2013. Witness my hand and official seal. 1r. p0r U/a�U . ry Public o" YM4 PUBLISHED ON: 05/18 j $.. Ot \c, c : \--‘ \,a; 043, s = m . P y1ir ep. : I _ ', *•. HN aP� t TOTAL COST: 274.98 ? 6- ciC FILED ON: 5/21/2013 'c,6714, .. WNCSv,.`� Authorized f ^ Signature: /(( 4 /l44.9-4 , Billing Services Representative Arr NOTICE FOR PUBLIC COMMENTS Notice is hereby given that the City Council of the City of Roanoke will hear public comments on the matter of pay increases for the Mayor, the Vice-Mayor and Members of Council at its regular meeting to be held on May 20, 2013, commencing at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers, 4`11 Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia and at its regular meeting to be held on June 3, 2013, commencing at 2:00 p.m., or as soon thereafter as possible, in the Council Chambers. Citizens shall have the opportunity to be heard and express their opinions on this matter at both meetings. If you are a person with a disability who needs accommodations, contact the City Clerk's Office, 853- 2541, by 12:00 noon on the Thursday preceding the public meeting. GIVEN under my hand this 14tlday of May , 2013. Stephanie Moon, City Clerk K'.'Measures VPublic Comminet Notice Pay tor Council 2013 doe NOTE TO PUBLISHER: Publish in full once in The Roanoke Times on Saturday, May 18, 2013. BLOCK STYLE. (2" X 3") Do not use the City's Logo. Send publisher's affidavit and bill to: Stephanie M. Moon, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 540/853-2541 NOTE TO PUBLISHER: Publish once in The Roanoke Tribune on Thursday, May 16, 2013. BLOCK STYLE. (2" X 3") Do not use the City's Logo. Send publisher's affidavit and bill to: Stephanie M. Moon, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 540/853-2541 Ki Notice l2013\May'.NPCLOUncii salaries doc Roanoke City Council Regular Session, May 20, 2013, 7:00 P.M. C. Other Business I. Receive views of citizens regarding establishment and increase of annual salaries of the Mayor, Vice-Mayor and Council Members,effective July 1, 2014 Statement of M. Rupert Cutler, 204 S. Jefferson Street, Suite 4, Roanoke, VA 24011 Thank you, Mr. Mayor. I support an increase in the salaries of our mayor and other members of Roanoke City Council. Speaking from experience,there is much more to serving on City Council than meets the eye. Council members are on call "24/7."They provide welcoming remarks at conventions and conferences, speak to a wide variety of audiences as requested, participate in many neighborhood and other meetings, and represent Roanoke on important state and national organizations. Very importantly,they meet with and listen to citizens' concern—on the street, in Krogers, wherever citizens encounter them--and they read background material and study the issues, prior to the twice-a-month or more frequent meetings and public hearings. Of course, public service is the primary guiding force for people to serve on public bodies. However,they should not be expected to do it for free or at a net cost to themselves. These jobs demand considerable time away from work and family. Council members who are self-employed are in effect penalized for serving because their service on Council directly reduces their income from their"day jobs." There is a widely acknowledged consensus that the City of Roanoke is well-governed and has been for the past several years. Council has set in place the policies that created this good civic condition, including their wise decision to hire City Manager Chris Morrill. Is the way we recognize and thank these policy-makers to carp at the prospect of paying them something close to what their counterparts in cities of similar size across the Commonwealth are paid? Stuck with the prospect of either biting the bullet and increasing their salaries as the cost of living changes,or not doing so and seeing their compensation fall farther behind that of their opposite numbers in other communities, it is always awkward for legislators to propose an increase in their own pay. But in my view, it should be done. The expression,"You get what you pay for,"often rings true. Roanoke is moving forward on all fronts now,and I believe our City Council should be compensated as well as any across the state, as one way of our saying to them,"Job well done." Thank you. COMMITTEE VACANCIES/REAPPOINTMENTS May 20, 2013 VACANCIES: Expiration of the three-year term of office of Linda Strelka as a member of the Roanoke Public Library Board ending June 30, 2013. Unexpired term of office of Hollie C. Young as a member of the Roanoke Neighborhood Advocates ending June 30, 2014.