Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 08-18-14
BESTPITCH 40022 - 081814 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 18, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Mayor Bowers was absent. The Invocation was delivered by The Reverend Walter L. Wood, Retired Pastor, New Life Christian Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor David B. Trinkle. Welcome. Vice- MayorTrinkle. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 21 at 7:00 p.m., and Saturday, August 23 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. IA THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE BOARD OF APPEALS — TWO VACANCIES (TERMS OF OFFICE ENDING JUNE 30, 2017) CITY OF ROANOKE PENSION PLAN, BOARD OF TRUSTEES — ONE VACANCY (TERM OF OFFICE ENDING JUNE 30, 2018) PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION — ONE VACANCY (TERM OF OFFICE ENDING JUNE 30, 2017) ROANOKE CIVIC CENTER COMMISSION — THREE VACANCIES (TERMS OF OFFICE ENDING SEPTEMBER 30, 2017) ROANOKE NEIGHBORHOOD ADVOCATES — FIVE VACANCIES (TWO UNEXPIRED TERMS ENDING JUNE 30,2015; ONE TWO UNEXPIRED TERMS ENDING JUNE 30,2016; AND ONE TERM OF OFFICE ENDING JUNE 30, 2017) ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY — ONE VACANCY (ONE UNEXPIRED TERM ENDING AUGUST 31, 2016) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Vice -Mayor Trinkle recognized William Strickland, a sophomore at George Mason University and a 2013 graduate of William Fleming High School. He is part of the City's Municipal Volunteer Program and has been working with the City Clerk's Office for the past two weeks. Council Member Price added that Mr. Strickland represented the City well in the NAACP Awards Competition and thanked him for his service to the City. 3 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Brenda Hale and Robert Gravely 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. Vice -Mayor Trinkle called attention to three requests for Closed Meeting. C -1 Minutes of the regular meetings of City Council held on Monday, May 19, 2014 and Monday, June 2, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Vice -Mayor David B. Trinkle requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from Vice -Mayor David B. Trinkle requesting that Council convene in a Closed Meeting to discuss the 2014 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 4 C -4 A communication from Council Member Sherman P. Lea, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter being the performance evaluations of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -5 Reports of qualification of The Honorable William D. Bestpitch (Elected) to replace Dr. M. Rupert Cutler (Non - elected) as a City official representative of the Roanoke Valley Metropolitan Planning Organization for a three -year term of office ending June 30, 2017; and Dan Brokaw as a member of the Building and Fire Code of Appeals for a three -year term of office ending June 30, 2017. RECOMMENDED ACTION: Received and filed. BID OPENINGS: Bids for execution of a naming, advertising, and sponsorship agreement with Global Spectrum, L.P., for naming, advertising and sponsorship at the Roanoke Civic Center Facility. Received two bids from Roanoke Imports Inc., t/a Haley Toyota and Berglund Management Group, Inc. The bids were referred to the City Manager for review and recommendation to the Council. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Commonwealth's Attorney to provide an update on the Roanoke City Cost Collections Process. Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 5 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds received from United States Department of Justice in connection with the FY 2015 Bulletproof Vest Partnership Grant for use by the Police and Sheriffs Departments. Adopted Resolution No. 40022 - 081814 and Budget Ordinance No. 40023 - 081814 (6 -0). 2. Acceptance and appropriation of Juvenile Accountability Block Grant funds from the Virginia Department of Criminal Justice Services in connection with Project Back on Track Plus, an evidence -based treatment program designed to reduce youth substance use and youth crime; and execution of a contract with Carilion Medical Clinic d /b /a Carilion Clinic Department of Psychiatry and Behavioral Medicine in connection therewith. Adopted Resolution No. 40024 - 081814 and Budget Ordinance No. 40025 - 081814 (5 -0), Vice -Mayor Trinkle abstaining. 3. Acceptance and appropriation of the Hazard Mitigation Assistance Program (HMAP) Grant funds from the Virginia Department of Emergency Management (VDEM) in connection with the City of Roanoke Floodplain Mitigation Project, in order to acquire and demolish certain homes in the Meadowbrook Road area of the City, which are prone to flooding; and execution of an Agreement in connection therewith. Adopted Resolution No. 40026 - 081814 and Budget Ordinance No. 40027 - 081814 (6 -0). 4. Appropriation of additional funds in connection with street paving and snow removal needs. Adopted Budget Ordinance No. 40028 - 081814 (6 -0). 5. Execution of additional amendments to the City's contract with MMM Design Group, Inc., for engineering services in connection with the Fiscal Year 2015 Curb, Gutter and Sidewalk Project. Adopted Resolution No. 40029 - 081814 (6 -0). 6 COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Regional Recognition • The City of Roanoke received the cover shot and a six page article in the Blue Ridge Country Magazine highlighting the City from a tourist perspective. Parks and Arts • Two remaining Parks and Arts programs scheduled for Sunday, August 24, in Elmwood Park, at 2:00 p.m., featuring a concert of the Roanoke Symphony Pop's and Fat Tuesday's Band. • Make -up date for Mountain View Park on Saturday, September 6, 12:00 Noon to 3:00 p.m. Upcoming Event • The third annual City Works Expo will attract people from all around the world to come and learn about urban development and how small cities can seed. • October 2 - 4, at Charter Hall, City Market Building, for more information and to register visit www.cityworksexpo.com. 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. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40030 - 081814 (6 -0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Bestpitch reminded everyone of the Roanoke Neighborhood Advocates Partnership Awards in which nominations are being accepted through September 30. He advised that there were seven award categories and that you do not have to be active in a neighborhood organization to nominate someone. He noted that the awards will be presented at the annual Harvesting of the Fruits Potluck Dinner to be held on November 7 and for more information visit the City's website at www.roanokeva.gov /rna or call (540) 853 -1286. Vice -Mayor Trinkle commended Mayor Bowers and staff on an excellent State of the City Address and the Office of Communications for putting together a great brochure that was distributed. He added that the recent Microfestivus was a great event and thanked the staff for moving the festival indoors due to last minute changes in the weather. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. At 2:49 p.m., the Council meeting recessed for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. AT 4:11 P.M., the Council meeting reconvened in the Council Camber, Room 450, Noel C. Taylor Municipal Building. CERTIFICATION OF CLOSED MEETING. (6 -0) Appointed Ssunny Shah to replace Brownie Polly and reappointed Landon Howard and Thomas Pettigrew as members of the Roanoke Civic Center Commission for three -year terms of office, each, ending September 30, 2017. Appointed Rick D. Clark (law enforcement) to replace Kenny Garrett (law enforcement) as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2017. H Appointed Antwyne Calloway to replace Braxton Naff as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2017. Appointed Andrew Anguiano to fill the unexpired term of office of Adam Boitnott as a Commissioner of the Roanoke Redevelopment and Housing Authority ending August 31, 2016. 12. RECESS - 4:14 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 9 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 18, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Mayor Bowers was absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor David B. Trinkle. Welcome. Vice- MayorTrinkle. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 21 at 7:00 p.m., and Saturday, August 23 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 10 A. PUBLIC HEARINGS: 1. Request of Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ( "Plan ") for property located at 1130 Overland Road, S. W., to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, pursuant to Ordinance No. 37269- 120505 adopted on December 5, 2005. Howard Boggess, 11, Agent, Spokesperson. (inasmuch as the request has been continued by the City Planning Commission until its next regular meeting on Tuesday, September 9, 2014, at 1:30 p.m., the public hearing will not be conducted by City Council as previously advertised). 2. Request of Calvary Memorial Church Inc., to rezone property located at 2226 and 0 Colonial Avenue, S. W., from IN, Institutional District, to INPUD, Institutional Planned Unit Development District, for use as a place of worship. Sheldon Bower, Parker Design Group, Spokesperson. Adopted Ordinance No. 40031 - 081814 (6 -0). 3. Request of JETR, LLC, to rezone a portion of property located at 2141 Dale Avenue, S. E., and the entire property located at 0 Dale Avenue, S. E., from CLS, Commercial -Large Site District, and CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, subject to certain proffered conditions. Sean Horne, Agent, Spokesperson. Adopted Ordinance No. 40032 - 081814 (6 -0). 4. Request of Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S. W., from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to a certain proffered condition. Dorothy Owsley, Director, Spokesperson. Adopted Ordinance No. 40033, on first reading (4 -1, with Council Member Bestpitch voting no and Council Member Ferris abstaining). 5. Proposal of the City of Roanoke to grant a forty (40) year non - exclusive easement, with an approximate area of forty nine (49) square feet, but in no event to exceed sixty four (64) square feet, together with a right of ingress and egress, on City -owned property located at zero (0) Orange Avenue, N. E., to Verizon Virginia LLC, to install and maintain a telecommunications cabinet, which will aid in increasing service levels to businesses located within the Roanoke Centre for Industry and Technology. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40034 - 081814 (6 -0). 6. Proposal of the City of Roanoke to convey an approximate 1.08 acre parcel of City -owned property consisting of portions of two City -owned properties, located at 802 Wiley Drive, S. W., to Anstey Holdings, LLC. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40035 - 081814 (6 -0). 7. Proposal of the City of Roanoke requesting authorization to execute a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P., forthe naming, advertising and sponsorship atthe Roanoke Civic Center Facility. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40036 - 081814 (6 -0). B. OTHER BUSINESS: 1. Ordinance No. 40019, on second reading, to amend the CityCodeto include Preston Park to the list of designated park facilities where alcoholic beverages may be possessed and consumed under certain rules and regulations. Adopted Ordinance No. 40019 - 081814 (4 -2, Council Members Lea and Price voting no). C. 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. Chris Craft appeared before the Council. D. NEW BUSINESS: In response to an issue being raised as whether the Council as a Whole should be in attendance at a luncheon for the sole purpose of meeting and greeting the new president of Virginia Tech, where no public business or matters would be discussed, the City Attorney reported that according to the Freedom of Information Act, such attendance for said purpose is not prohibited; and subsequently for the record, he will submit an official opinion to the Council with regard to said meeting. E. ADJOURNMENT - 8:37 P.M. 12 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011 -1594 TELEPHONE: (540) 853 -2444 FAX (540) 853 -1145 August 18, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Trinkle 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, August 18, 2014. Best wishes for a successful meeting. Sincerely, David A. Bowers Mayor DAB /ctw CITY OF ROANOKE a-f- OFFICE OF THE CITY CLERK 215 Church Avenue,S. W. Suite 456 m,, ` * :l ". .± Roanoke, Virginia 24011-1536 Telephone: (541)853-2541 Fax: (541)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: elerk(n roanakeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk GEC ELIA T.WEBB,CMC Assistant Deputy City Clerk August 21, 2014 Reverend Walter L. Wood 8625 South Bend Drive, N. W. Roanoke, Virginia 24019 Dear Reverend Wood: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, August 18, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. z.eSi erely, ' e is T. Webb, CMC Assistant Deputy City Clerk CTW:aa CITY OF ROANOKE Y „1 CITY COUNCIL _.: 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 -- - Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor August 18, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Council Members William D. Bestpitch Raphael E. "Ray” Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinklc This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. :ely vi r�� �y'�. B. rinkle Vice -Mayor DBT:ctw COMMITTEE VACANCIES /REAPPOINTMENTS August 18, 2014 VACANCIES: Two, unexpired terms ending June 30, 2015; two, unexpired terms ending June 30, 2016; and one, three -year term of office ending June 30, 2017 on the Roanoke Neighborhood Advocates. Two, terms of office on the Board of Building Code and Fire Appeals ending June 30, 2017. One unexpired term ending August 31, 2016 on the Roanoke Redevelopment and Housing Authority. Three -year term of office (at -large member) on the Personnel and Employment Practices Commission ending June 30, 2017. Three, three - yearterms of office on the Roanoke Civic Center Commission commencing October 1, 2014. CITY OF ROANOKE CITY COUNCIL z: 215 Church Avenue, S.W. i Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 - Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor August 18, 2014 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trickle This is to request a Closed Meeting to discuss the 2014 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. in erely avid B. Trickle Vice -Mayor DBT:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 T Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 DAVIDA. BOWERS Fax: (540) 853 -1145 Mayor August 18, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the performance evaluations of the Council- Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, 4 & �� Sherman P. Lea, Chair City Council Personnel Committee SPL:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK STEPHANIE M. MOON REYNOLDS, MMC City Clerk 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 '1'elephone: (540) 853 -2541 Fax: (540)853 -1145 E, mail: cicrk(n)roanokeva.gov August 19, 2014 Wayne G. Strickland, Executive Director Roanoke Valley Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk This is to advise you that The Honorable William D. Bestpitch has qualified to replace M. Rupert Cutler (Non - Elected) as a City representative (Elected Official) of the Roanoke Valley Metropolitan Planning Organization, for a three -year term of office ending June 30, 2017. SiaCMC l Assistant City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, William D. Bestpitch, 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 an elected City official representative of the Roanoke Valley Metropolitan Planning Organization for a three -year term of office ending June 30, 2017, according to the best of my ability. So help me God. Williams Bestpilitch The foregoing oath of office was taken, sworn to, and subscribed before me by William D. Bestpitch this LL day of U 2014. Brenda S. Hamilton. Clerk of the Circuit Court 0 By /) (A Clerk STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone (540) 853 -2541 Far: (540) 853 -1145 E-mail: elerk(atroaaokeva.gov August 19, 2014 Candace R. Martin, Secretary Building and Fire Code Appeals Board Roanoke, Virginia Dear Ms. Martin: JONKr11AN E. CRAP F, CMC Deputy City Clerk CE.CELIA T. WEBB, CMC Assistant City Clerk This is to advise you that Dan Brokaw has qualified as a member of the Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2017. Sine ly, Cecelia T. Webb, CMC Assistant City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Dan Brokaw, 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 Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2017, according to the best of my ability. So help me God. Dan Br The foregoing oath of office was taken, sworn to, and subscribed before me by Dan Brokaw this ')�K day of u / 2014. Bre S. Hamiltgn, Clerk of the Circuit Court By X f �S m, BID FOWNI FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR, AND DELIVERY LOCATION OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 18, 2014, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Naming Rights Agreement with Global Spectrum, L.P. for Naming, Advertising, and Sponsorship at the Roanoke Civic Center Facility, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on August 18, 2014. Date: u9 �0.4.[IoLE %iU�i�S, /d//'.T�/1i%filE✓ �oyDll�roposes and agrees, if its Bid (Legal Name of Bidder) is accepted, to enter into and be bound by the Naming Rights Agreement for Naming. Advertising, and Sponsorship at the Roanoke Civic Center Facility with Global Spectrum, L.P. (Naming Rights Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthennore, the undersigned bidder warrants that it can and will comply with the provisions of the Naming Rights Agreement. Bid: The minimum acceptable aggregate amount payable to Global Spectrum, L.P. over the ten (10) year term of the Naming Rights Agreement is S1,400,000.00 Bidder agrees to pay the aggregate amount of $ 1 S_60 000,0over the ten (10) year term of the Naming Rights Agreement. Final Conn 10730._'0141 Pa_c I of6 Bid: The minimum acceptable annual payment for Year 1 (10/01/2014 to 09/30/2015) of the Naming Rights Agreement is 5300,000.00. Bidder must make annual payments for each year of the term of the Naming Rights Agreement. Bidder agrees to make annual payments to Global Spectrum, L.P. in the following amounts: Year 1 (10/01/2014 to 09/30/2015) Year 2 (10/01/2015 to 09/30/2016) Year 3 (10/01/2016 to 09/30/2017) Year 4 (10/01/2017 to 09/30/2018) Year 5 (10,'01 /2018 to 09/30/2019) Year 6 (10/01/2019 to 09/30/2020) Year 7 (10/01/2020 to 09/30/2021) Year 8 (10/01/2021 to 09/30/2022) Year 9 (10/01/2022 to 09/30/2023) Year 10(10'01/2023 to 09/30/2024) s 5 00,000. (must be at least $300,000.00) n<� s >5 e, ddd S ! :37, 570 ha 5 -7, 6-0() �o S 13 71.S—�C1 a� 5 i3�sav 5_ �f �lJ C1 S S7 5410, S ( 3 7, Sa a . n� C° -0 e) ¢1 TOTAL S 1, S $$©, 000. (must be at least 51,400,000.00) Bid: Bidder agrees the annual payments will be paid in accordance with the schedule of payments set forth in Section 4 of the Naming Rights Agreement. Bid Term: The term of the Naming Rights Agreement is ten (10) years, commencing October 1, 2014 and ending on September 30, 2024. Bid: Bidder is engaged in the primary business of Iq 40 fe V. 0 and this primary business will constitute bidder's Product Category for all purposes in the Naming Rights Agreement. The term "primary business" is defined in the Naming Rights Agreement. Bid: Bidder's proposed name of the Roanoke Civic Center Facility is: HAS y TgL)i -fi ); c/Q Bid: Bidder has the financial ability to perform the Naming Rights Agreement and submits the following information in Attachment A to establish that bidder has the amount of the first annual payment in an account that is subject to no restrictions and constitutes immediately available Final fonn f 07 3020W Paee 2 of 6 e funds of the United States. (Information attached may include a certification from bidder's financial institution that identifies the account and the amount in such account). Bid: Bidder submits the following information in Attachment B to (i) demonstrate the character, judgment, integrity, experience, and reputation of the bidder in conducting its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terns and conditions of the Naming Rights Agreement, a copy of which Naming Rights Agreement is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Review of the Naming Rights Agreement, prior to the submittal date and time, is the responsibility of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2 -2100, et seq, Code of Virginia (1950), as amended. Bidder acknowledges that the City has the right to reject any and all bids in accordance with Section 15.2 -2100, et seq. The Bidder agrees, if its bid is accepted, will post a bond with sureties in favor of the City as required by Section 15.2-2104, Code of Virginia (1950), as amended. Consideration of all bids received shall be made in accordance with Section 15.2-2102 which provides, in part, as follows: The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staff's recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise, right, lease, or privilege to the lower bidder, if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right, lease or privilege. Please direct any questions or inquiries to Sherman Stovall, Assistant City Manager for Operations, at (540)853 -2333 or sherman.stovall (tt roanokeva.gov Final fonn 107 30 20 t4) Paee 3 of 6 State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL C dA (Printed Name) (Printed Title) STREET ADDRESS: o?%!/ MAILING ADDRESS: CITY: 2, A.traoKE STATE: VA. ZIP CODE: TELEPHONE: (54(0) .3`f6 16 66 FAX: "z:> ) .j,11Y .S/ ZV Bidder's SCC Identification Number: C3-111 3 O 3 Final fonn (07 30,2014) Page 4 of 6 ATTACHMENT A TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING. AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Information to establish Bidder's ability to pay the annual payment for the first year of the Naming Rights Agreement (10/01/2014 to 09/20/2015) is attached. Final forth 1073020141 Pa,,e 5 of 6 The Civic Center and Haley Toyota will benefit from the creation of a venue name and to o that highlights and complements our combined brand. This branded name and logo will be used for any and all mention of the venue, extending brand exposure far beyond the walls of the venue and showroom. Some examples of logo inclusions are: e . New Venue + ReNewed Venue Our partnership could not come along at a better time. The City of Roanoke began to reinvest in the Civic Center with capital improvements, and Haley Toyota is further investing in the community with the relocation and construction of a new showroom and service center adjacent to the Civic Center. This new facility will be much larger and more modern than the exifing location on Franklin Road. Having the Haley Toyota Center as a neighbor to the new Haley Toyota showroom will serve to put the spotlight on both facilities. Citizens, visitors, and customers will want to be a part of the excitement and unveiling of a refreshed, remodeled, revitalized venue and a successful new business along the 1 -581 corridor. I �I�Ji Haley Toyota is one of the most successful businesses in Roanoke and part of that success is because of our ability to promote our products & services in ways that grab attention and make customers want to do business with us. We know how to over- deliver on our promises to serve our customers well and ensure satisfaction through professionalism and solid, ethical business practices. Marketing is one of the things we do best and it drives the business that keeps people coming back. Just look at our advertising - in television commercials, print ads, and sponsorships of a variety of community events. - for proof that promoting and marketing is our specialty. Global Spectrum is a marketing- oriented company. They promote events, market the Civic Center, and sell tickets. This is the kind of company we want to be associated with and we believe that our partnership will be one that will serve to help each other reach our organizational goals while at the same time positioning our businesses on a much greater scale. We would appreciate the opportunity to secure the naming rights of the Civic Center and prove that your decision to select Haley Toyota was the right one. Thank you! ATTACHMENT B TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Bidder submits the following information to (i) demonstrate the bidder's character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility (attach additions sheets if necessary): Final form (07.30 2014) Pave 6 of 6 DRAFT: 08.04.2014 NAMING ADVERTISING AND SPONSORSHIP AGREEMENT THIS NAMING, ADVERTISING, AND SPONSORSHIP AGREEMENT ( "Agreement "), dated as of _!d�*�_C8, �?G !y , 2014 is entered into by and between Global Spectrum, L.P., a Delaware limited partnership ( "Operator "),on behalf of the Cjty of Roanoke, Virginia ( "Owner "), and _4Ui_LEx_?0 �__, a (____�J�oila_f_Tr.✓____) organized under the laws of the Commonwealth of Virginia, and its affiliates ( "Sponsor "). WITNESSETH: WHEREAS, the City of Roanoke, Virginia, a Virginia municipal corporation ( "Owner "), owns a public, multi - purpose civic center located at 710 Williamson Road in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 3024004, which consists of the Coliseum, the Performing Arts Theatre, the Special Events Center, and various exhibit halls (the "Facility ") for the purpose of holding various public events and other attractions which may be scheduled therein; WHEREAS, pursuant to an operation and management agreement dated as of January 1, 2014 by and between the Owner and Operator (with Owner reference: Contract No. 9E3KVE, dated 1/142014) ( "Management Agreement "), the Owner authorized the Operator the right to manage, operate, lease and maintain the Facility on behalf of the Owner; WHEREAS, pursuant to Section 17.14 of the Management Agreement, Operator acts on behalf of and as agent for the Owner in entering into contracts and agreement with respect to the operation and management of the Facility, subject to the limitations of the Operator's authority as set forth in the Management Agreement; WHEREAS, the Owner has the right to designate the name of the Facility and to license such right to others (the "Naming Rights "), and to grant certain other sponsorship, promotional, advertising and similar rights and benefits associated with the Facility (the "Facility Advertising Rights" and "Merchandising Rights "); WHEREAS, pursuant to Section 9.5 of the Management Agreement, Owner permitted and authorized Operator to negotiate and broker an agreement with regard to the sale and use of such Naming Rights, Merchandising Rights, and Facility Advertising Rights, subject to the approval of the Owner; WHEREAS, Sponsor is engaged in the primary business of - t�!?��.rl�_,S�t!£�.tN�' ✓�e4the "Product Category"), defined as that business comprising more than eighty percent (80 %) of Sponsor's business, 1 DRAFT: 08.04.2014 and desires to promote its business through an association with the Facility, and Owner and Operator are willing to grant to the Sponsor an exclusive franchise agreement for the Naming Rights and Facility Advertising Rights pursuant to Section 15.2 -2100 et. seq., of the Code of Virginia (1950) as amended, ail subject to the terms and conditions set forth herein; and WHEREAS, the Council of the City of Roanoke, Virginia, authorized the parties to enter into this Agreement and franchise after a public hearing held on August 18,2014, and after inviting bids to be submitted by all interested parties, pursuant to Roanoke City Ordinance No ----------- . NOW, THEREFORE, FOR AND IN CONSIDERATION of the terms, conditions, covenants and considerations hereinafter set forth, and the above recitals which are incorporated herein, the parties hereby mutually agree as follows: 1. LICENSE OF NAMING RIGHTS AND FACILITY ADVERTISING RIGHTS . Operator hereby grants to Sponsor exclusive Naming Rights, Merchandising Rights, and Facility Advertising Rights ( "Rights ") during the term of this Agreement (as defined hereinafter) ( "Term'), on the conditions contained in this Agreement. 2. NAME OF FACILITY LOGO. (a) Sponsor hereby names the entirety of the Facility ,40LEy Toyer Z (the "Facility Name'), subject to the approval of Operator and Owner, for the Term of this Agreement. The Facility will continue to be so named for the Term, of this Agreement, or until Sponsor renames the Facility in the manner subject to the terms provided in this Agreement, or until this Agreement is terminated in the manner herein provided. (b) Following the date of the Agreement and within thirty (30) days, the parties shall jointly develop a Facility Logo, at Sponsor's expense, which shall include the Facility Name ( "Facility Logo'). The Facility Logo shall be subject to the mutual agreement of the parties, including the Owner. After development and approval of the Facility Logo by the parties, the Facility Logo shall be attached to this Agreement as Exhibit A hereto, which Exhibit shall then be signed by the parties hereto. 3. TERM. This Agreement is effective and enforceable upon execution by the parties. The term of this Agreement is ten (10) years, and shall commence on October 1, 2014 and shall expire on September 30, 2024. The twelve (12) month period of October 1 through September 30 during the Term, is sometimes referred to herein as a "Contract Year." 2 DRAFT: 08.04.2014 4. ANNUAL FEE. (a) As consideration for the Rights granted by Operator to Sponsor hereunder, Sponsor shall pay to Operator each Contract Year an annual fee ( "Annual Fee ") in accordance with the following schedule: Contract Year 1. October 1, 2014- September 30, 2015 2. October 1, 2015- September 30, 2016 3. October 1, 2016- September 30, 2017 4. October 1 , 2017- September 30, 2018 S. October 1 , 2018- September 30, 2019 6. October 1, 2019- September 30, 2020 7. October 1, 2020- September 30, 2021 8. October 1, 2021- September 30, 2022 9. October 1, 2022- September 30, 2023 10. October 1 , 2023- September 30, 2024 Annual Fee 6 0 �c g_ f50_�a00 -- oc b. The Annual Fee for the first Contract Year will be the minimum amount of $300,000 and shall b payable in two, (2) equal installments as follows: (i) the sum of _____ SQ /�l100 _ upon execution of this s c➢ Ono ° ° on or before Agreement, and (ii) the sum of �_,C___.�_________________ Januaryl5, 2015. C. The Annual Fee for Contract Years 2 through 10 shall be payable in four (4) equal installments, with the first such installment due on or before October 1 st, the second installment on or before January 1 st, the third installment due on or before April 1 st, and the balance due on or before July 1 st. of each Contract Year. d. At least thirty (30) days prior to each date on which an installment amount described in the foregoing clauses (b)(h) and (c) are due, Operator shall deliver to Sponsor an invoice setting forth amounts owed and the date on which such amounts are due. All Annual Fee payments due hereunder shall be 3 n� a_ $13.7�sao, oa o J $1- 3.7,_60_ as $_137.5M - b. The Annual Fee for the first Contract Year will be the minimum amount of $300,000 and shall b payable in two, (2) equal installments as follows: (i) the sum of _____ SQ /�l100 _ upon execution of this s c➢ Ono ° ° on or before Agreement, and (ii) the sum of �_,C___.�_________________ Januaryl5, 2015. C. The Annual Fee for Contract Years 2 through 10 shall be payable in four (4) equal installments, with the first such installment due on or before October 1 st, the second installment on or before January 1 st, the third installment due on or before April 1 st, and the balance due on or before July 1 st. of each Contract Year. d. At least thirty (30) days prior to each date on which an installment amount described in the foregoing clauses (b)(h) and (c) are due, Operator shall deliver to Sponsor an invoice setting forth amounts owed and the date on which such amounts are due. All Annual Fee payments due hereunder shall be 3 DRAFT: 08.04.2014 made by Sponsor in immediately available funds of the United States, by wire transfer, certified check or bank draft, payable to Operator or its designee at its designated address, upon receipt of invoice no later than the dates set forth above. All sums quoted are net of any agency fees, commissions or the like that may be payable by Sponsor to its advertising and media agencies (if any) and any applicable taxes (if any). Sponsor's billing address is: Sponsor: llofxe / T -Y&I * Address:c97i/ VA- Attn: G'A&*tC 64KOX- -Z Ao` Tel: 4VO 34`51!" E -mail: CAS cr C640e7 (or such other address as Sponsor may designate in writing in accordance with Subsection 25 (f)). e. Any amounts not paid when due shall accrue interest at the rate of 1.5% per month, or the highest rate permitted by law, whichever is less. S. USE OF NAME. During the Term of this Agreement, Operator, when making reference to the Facility (including, without limitation, in its contracts, agreements, arrangements, writings, and communications pertaining to the Facility and with Tenants [defined below], licensees and other users, the media and others), shall use the Facility Name and, where applicable, the Sponsor logo, trademark and /or service mark, to the extent it is incorporated into the Facility Name or the Facility Logo (collectively, the "Trademarks "), and shall require all parties contracting with Operator, including without limitation any other tenants leasing any portion of the Facility (the "Tenants "), to refer to and designate the Facility as aforementioned. This required use and designation of the Facility Name and, where applicable, the Facility Logo, shall include, but not be limited to: Internet web sites related to the Facility or referencing the Facility, to the extent controlled by Operator or the Tenants; printed materials generated by or on behalf of Operator or Tenants with reference to the Facility and its address; advertising by the Facility's users or Tenants which refers to the Facility; all schedules and admission tickets issued by any Tenant or user for Facility events; and all public relations releases issued by or on behalf of Operator, or the Tenants; provided, however, that Operator shall not be responsible for any error or omission by third parties. Notwithstanding anything stated herein to the contrary, isolated, inadvertent omissions of the Facility Name by Operator or any other party in connection with the Facility shall not be deemed a violation of this section. Sponsor agrees to provide Operator with notice and a reasonable period in which to cure any violation of this provision, before declaring Operator in breach of the Agreement. 6. TRADEMARKS: MERCHANDISING. (a.) Sponsor hereby grants to Operator, Owner, its Tenants and licensees and their respective agents, a non - exclusive, nontransferable license to use the Trademarks during the Term and subject to El DRAFT: 08.04.2014 the terms and conditions hereinafter set forth in order to carry out Operator's obligations hereunder. Operator agrees not to use or display the Trademarks in a manner that is defamatory, misleading, libelous, obscene or otherwise damaging to the reputation or goodwill associated with Sponsor. Operator acknowledges that Sponsor is the sole owner of the Trademarks and of the goodwill associated therewith, and that all use of the Trademarks by Operator and the goodwill created thereby shall inure to the exclusive benefit of Sponsor. To the extent that Operator and Owner have, or develops any rights in the Trademarks, including, without limitation, in the Facility Name and the Facility Logo, Operator hereby assigns to Sponsor all, right, title and interest therein. Sponsor shall furnish Operator with pre- approved specimens of such Trademarks for use by the foregoing parties as contemplated hereby, and Operator shall not deviate therefrom (or permit others controlled by Operator to deviate therefrom) without obtaining the prior approval of Sponsor (not to be unreasonably withheld or delayed). Any materials deviating from the pre - approved specimens shall be submitted by Operator for approval by Sponsor. Such materials shall be deemed approved if not expressly rejected by Sponsor within thirty (30) days after they are submitted. (b) Subject to Section 6(c), Operator shall have the exclusive merchandising rights for all commercial marketing and merchandising of goods displaying or using the Facility Name or the Facility Logo (including any Trademarks), or image, or both, established under this Agreement (the "Merchandising Rights "). Operator may license or permit the commercial marketing or merchandising of the same by others; provided, however, that (1) no Competitor (as defined in Section 7 below) shall be a permitted licensee of the Merchandising Rights; and (ii) Operator shall require its licensees of the Merchandising Rights to use the Facility Name and Facility Logo in a tasteful manner. (c) Sponsor shall have the right to use the Facility Name or Facility Logo in its advertisements and /or promotions, but only for the limited purpose of publicizing the Sponsor's sponsorship of the Facility in connection with Sponsor's own general marketing efforts. All Uses of the Facility Name or Facility Logo by Sponsor shall be subject to the prior reasonable approval of Operator. 7. EXCLUSIVITY WITHIN PRODUCT CATEGORY. (a) Sponsor shall have exclusive advertising, signage and Promotional rights with respect to all permanent signage within or at the Facility within the Product Category ( "Facility Advertising Rights "), hereinafter defined as Sponsor's business of selling and providingQ�!1b�ro,��y�afi SV�cE, and which comprises more than eighty percent (80 %) of Sponsor's business, and, except as otherwise expressly provided herein, Operator shall not permit any Competitor (defined below) to advertise or promote themselves generally or any products with the Product Category on permanent signage at the Facility, unless otherwise approved by Sponsor. For purposes of this Agreement, the term "Competitor" shall mean any firm, company or other person other than Sponsor that is engaged in the 5 DRAFT: 08.04.2014 primary business �cg and which comprises more than eighty percent (801/6) of Competitor's business. (b) By way of example and not limitation, because Sponsor's rights to exclusivity within the Product Category are limited to permanent signage within or at the Facility, (i) Operator shall be able to engage, or permit its licensees, promoters or other sponsors of events at the Facility to engage, Competitors as sponsors or advertisers of one -time or limited engagement events at the Facility and, in connection therewith, the display of temporary banners, signs and similar event - specific materials for such Competitor or their products or services shall not be deemed a violation of the grant of exclusivity provided for herein and (ii) hospitality and associated promotional announcements at the Facility for any person (including a Competitor) shall also be permitted. 8. SIGNS, ADVERTISING AND ADDITIONAL RIGHTS. (a) Marquees. Operator may at its election, design and expense, construct and install Logo signs on two (2) freestanding outdoor electronic marquees (the "Marquees ") for placement and display on the marquee sign entrance to the Facility adjacent to Williamson Road, and on the side of the Facility adjacent to U.S. 1 -581. The Marquees shall include the Facility Name prominently displayed (at no additional expense to Sponsor) during the Term and, among other things, promote current and future events at the Facility. Operator and Sponsor will consult with each other regarding the design of the Logos for the Marquees (and any replacement Marquee, if applicable), and the final determination of these matters shall be mutually agreed upon by the parties (subject, however, to any applicable limitations imposed by zoning ordinance and other applicable legal requirements). After the redesigned signs (Logo only) are installed, the Marquees shall remain the property of Operator. (b) Other Exterior Signage. During the Term, Operator shall prominently display the Facility Name on the following signs, each of which shall be subject to Sponsor's reasonable approval with respect to design and specifications and must be in compliance with City zoning laws for "Conservation District ": • On Coliseum wall facing west or north • On Performing Arts Theatre wall facing south • On free - standing kiosk located at the entrance to the Exhibit Hall (c) Interior Signage and Advertising. During the Term, Operator shall display the Facility Name or Sponsor advertising (as specified below) on the following interior advertising signs and elements and provide Sponsor with the following additional rights and benefits: • Four (4) signs located on the upper band of the Coliseum scoreboard. I DRAFT: 08.04.2014 • Logo painted on four (4) bands located in alcove corners of the Coliseum. • Logo painted on six (6) inner concourse walls of Coliseum located in front of Row A on north and south sides. • ln1_",.V _- 3—?ej� _____ name on two (2) exterior concourse Eolumns. • Center ice logo when ice is installed. • Center logo on basketball court. • Lettering above Box Offices and Administrative Office. • Naming rights exposure on concourse TV monitors throughout Coliseum, excluding concessions menu boards. (d) Miscellaneous Facility Name or Facility Logo Identification. During the Term, Operator shall have the Facility Name or Facility Logo identification included with all official Facility references, including all uniforms of Facility employees (excluding concessions personnel), printed catering and concession menus, letterhead stationery, business cards, envelopes, Christmas cards, news or press releases generated by Operator or its Tenants or licensees or their respective agents, announcements of coming events, printed event schedules and other printed advertising or promotional brochures, banners, social media, posters, merchandise or other materials of or relating to the Facility, and public address announcements for the Facility during Facility events; provided, however, that with respect to this clause, Operator may also allow the names or logos of other companies (other than Competitors as defined in Section 7 above) to appear on such items. (e) Miscellaneous Marketing Opportunities. During the Term, Sponsor shall have the right to engage in various cooperative marketing opportunities with Operator, including sponsorship of or participation in the following: • Basketball Games • Concerts • Family Shows • Graduations • Television Advertising • Print Advertising • Radio Advertising • Venue Website • Other (f) Signage Evolution. (i) Sponsor, and Operator acknowledge that signage and advertising opportunities in the Facility may evolve over the course of the Term, and the advertising and sponsorship elements described in this Section 8 may be changed by mutual agreement of the parties. All Signage must be 7 DRAFT: 08.04.2014 approved by the Operator, and Owner, and to ensure signage consistency throughout the Facility. (ii) In addition, if any of the original elements enumerated herein is for any reason discontinued or no longer available, Operator shall have the right, without being deemed in breach hereof, to modify the elements and /or substitute others of at least equivalent value (in the aggregate), as such value is determined by Operator in its reasonable discretion based upon Operator's then - applicable rates. Furthermore, the parties each recognize that laws, rules or regulations may, from time to time, preclude various rights being exercised under this Agreement, which may dilute the promotional value granted to Sponsor hereunder. In such event, Operator and Sponsor will negotiate in good faith with respect to new and /or additional elements which may restore substantially all of the promotional value herein granted, but in no event shall the Annual Fees paid by Sponsor to Operator hereunder be reduced as a result of the preclusive effect of such laws, rules or regulations. (g) Website. The Operator shall create and maintain a website for the Facility that shall include the name of the Facility. Sponsor shall be referenced on the homepage of the website with a link to the Sponsor's website. (h) Facility Marketing /Advertising for Events. (i)An audio /visual logo of the Facility shall be included on all television spots placed for the Facility. (ii) The Facility Logo shall be included in all print ads (upcoming events, show specific ads, industry publication ads). The Facility Name shall be mentioned in all public relations press releases and hits (for example: advances stories, upcoming events, and new hires). (iii) The Facility Name shall be mentioned in all radio spots and promotions (radio spots, promos, calendar listings). (i) Additional Benefits. (i) Twice during each Contract Year during the Term, Sponsor shall have the right to the rent -free use of the Facility for a private company function of Sponsor. Sponsor shall be responsible for all costs related to said event, including without limitation, labor, change -over, electricity and rental equipment, and food and beverage costs in connection with said event. Such uses will be coordinated with Sponsor and approved by Operator based upon availability of the Facility and any booked or held event(s). (ii) During the Term, Sponsor shall have the right to use photos, videos, images, and logos of the Facility itself (not events) for the R1 DRAFT: 08.04.2014 purpose of developing and creating advertising and promotional materials, subject to Sponsor securing all third party rights related to such materials. Q) Parking Lot Use. (i) During the Term, Operator agrees to allow Sponsor one (1) two -day rent -free use of the Parking Lots on the north side of the Facility for a special event. This two -day event will be coordinated with Sponsor and approved by Operator based upon availability of the Facility and any booked or held event(s). Sponsor shall be required to enter into the Facility's standard lease agreement regarding the use of the Parking Lot(s). Staffing and food and beverage are not included in the cost /use of the Facility and would be the responsibility of Sponsor. (k) Other Exclusive Rights. (i) Sponsor shall have the first option to sponsor specific events for which the Operator has control over sponsorship rights at the Facility. Sponsor has seven (7) days after receipt of the offer of sponsorship to accept said offer, which offer shall include the price of sponsorship. (ii) Sponsor shall have the right to present its employees, customers and clients with the first option to purchase tickets to event for which the Operator has the ability to hold a "pre- sale," so- called, prior to the general public. Operator and Sponsor shall reach a mutually acceptable agreement for each such event. 9. LIMITATIONS ON RIGHTS. (a)AII Rights not expressly granted to Sponsor herein are hereby reserved to Operator and the Facility's various present and future tenants and licensees from time to time. Sponsor hereby acknowledges and agrees that Operator has retained the sole and exclusive right to enter into signage and advertising commitments with other parties and cause additional signage and advertising to be displayed throughout and with respect to the Facility, provided only that such signage and advertising does not violate the terms and conditions of this Agreement. (b)Display and, if applicable, illumination of signage shall be limited to those events for which the Facility is open to the general public, and illumination of signage shall further be limited to those events in which illumination is appropriate. Such display and illuminations shall further be subject to any reasonable restrictions imposed by any third party event promoters. 9 DRAFT: 08.04.2014 10. SIGN AND ADVERTISING PRODUCTION: SIGN MAINTENANCE SIGN REPLACEMENT. (a)AII permanent exterior signs and other permanent fabricated references or installations for the Facility Name, Facility Logo or Sponsor enumerated herein shall be initially produced, fabricated and installed at the sole cost and expense of Operator, provided that Sponsor shall be producing the design for such signage and fabricated references at its expense. Except as otherwise contemplated by Section 11, no changes shall be made with respect to Facility Name or Facility Logo signage once it is installed without the mutual agreement of the parties. (i) In the event Sponsor directs that any advertising signage be changed or related /alternated by Operator with other Sponsor advertising during the Term, Sponsor shall be responsible for the production and fabrication thereof and for the actual installation /removal expenses incurred by Operator as a result thereof. (ii) In addition, if Sponsor desires that Operator store any of Sponsor's permanent advertising signage during the Term, Operator shall store such signage in the Facility (provided that Operator has storage capacity), in exchange for Sponsor's paying a reasonable rental fee to Operator promptly upon receipt of Operator's invoice therefore. Operator shall not be responsible or have any liability whatsoever for any loss, damage or theft of such signage while stored by Operator, and Sponsor shall be solely responsible for procuring the necessary coverage to insure against such loss, damage or theft as well as any loss or damage to any person or the property of the Operator arising out of the storage of Sponsor's signage at the Facility. (b) Operator shall clean and use reasonable efforts to maintain in a state of reasonably good condition and repair, reasonable wear and tear excepted, the Marquees and all other signs identifying the Facility or advertising Sponsor as required by this Agreement after their installation. (c) In the event Sponsor changes its name or logo or desires to replace the Marquee Logos after its initial installation (only to the extent permitted pursuant to this Agreement), Sponsor shall be responsible, at its cost and expense, for the design, production, and installation of such replacement Marquee Logos. Once installed, title to any replacement Marquee Logos shall vest with Operator. Any such changes shall be subject to the reasonable approval of Operator and any applicable zoning or other legal requirements. Sponsor shall be responsible for all permit fees and expenses associated with approval of new signage (d) With respect to all other advertising and promotions for Sponsor described herein (i.e., other than permanent signage described in Subsection 10(a) above), Sponsor shall furnish the associated advertising and promotional material at its cost and expense and be responsible for all production costs 10 DRAFT: 08.04.2014 with respect to the advertising and promotional materials which are subjects of this Agreement. Sponsor shall also be responsible for the production and installation costs of any and all changes to interior Facility signage, including the basketball court and center ice logo. (e) Owner and Operator shall have the absolute right to approve all signage and other advertising features which are to be furnished by Sponsor hereunder, which approval shall not be unreasonably withheld, and all such material will be considered approved if not expressly rejected by Operator within thirty (30) days after it is submitted. 11. RENAMING. (a) In the event Sponsor desires to rename the Facility during the Term, Sponsor shall do so only with the consent of Operator and Owner, which consent Operator and Owner may, in their sole discretion withhold, it being in part the purpose of this Agreement to establish a consistent and continuous name for the Facility during the Term. In the event that the proposed renaming occurs in connection with (i) the merger of Sponsor into a third party, or (ii) the sale of all or substantially all of the stock or assets of Sponsor to a third party, then Sponsor shall have the right to rename the Facility upon providing at least one hundred and eighty (180) days prior written notice to Operator (i.e., but without seeking Operator's consent), subject to the provisions of Section 14. Provided, however, if Sponsor merges with a third party, who in the determination of Owner and Operator, conflicts with the business principles, image, or otherwise, of Owner or Operator, then Owner and Operator may terminate this Agreement. Sponsor and Operator shall coordinate the timing of the name change to minimize the costs associated therewith; it being understood that Sponsor shall reimburse Operator for any out -of- pocket costs or expenses Operator incurs as a result of such name change (including without limitation the cost or expense of removing existing signage referencing the Facility Name or Facility Logo, designing and producing new signage (which shall be subject to the reasonable approval of Owner and Operator) and installing such new signage in or at the Facility). (b) Notwithstanding anything stated herein to the contrary, (i) in no event may Sponsor rename the Facility more than once during the Term, and (ii) Sponsor will not have the right to rename the Facility if any of the transactions described in clause (i) or (ii) of subsection (a) above, in Owner and Operator's reasonable opinion, create or tend to create a negative connotation for, or impair or tend to impair the goodwill of, the Facility. If such an event happens, then Operator may, at its sole option, elect to terminate this Agreement upon giving prior written notice to Sponsor, with such termination to be effective as of the closing date of the above - reference transaction. Upon any such termination, Operator shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the date of such closing. 11 DRAFT: 08.04.2014 12. DESTRUCTION OF FACILITY; CESSATION OR INTERRUPTION OF OPERATIONS: CLOSURE OF FACILITY. (a)lf the Facility is wholly or substantially destroyed or condemned, Owner will determine whether or not Owner will rebuild the Facility within a reasonable time, and Operator will promptly notify Sponsor of Operator's intention in writing. If Owner determines it will rebuild, then the Term shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to its destruction and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days. If Owner (i) determines it will not rebuild the Facility or (ii) does not substantially rebuild the Facility within eighteen (18) months, then this Agreement shall terminate as of the date of the last event and, if applicable, Operator shall refund to Sponsor the earned portion of any Annual Fee paid, based on the termination date. (b)ln addition, upon the cessation or material interruption of use or operation, for any other reason whatsoever, or no reason (including but not limited due to a force majeure not described in Subsection 12(a) above), the Term shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to the cessation or material interruption of operations and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days. During any temporary cessation of business as described in Section 12(a) or (b), the payment schedule for any Annual Fees shall also cease and resume only upon the date of the first event held after such cessation, and shall continue until the expiration of any extension of the Term resulting from the cessation or material use or operation of the Facility. (c)The Owner retains the right, in Owner's sole discretion, to permanently close or cease operations of the Facility. Any such closure or cessation of operations shall not be deemed a breach of this Agreement by Owner and Operator, but Operator shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the actual closing date of the Facility. 13. EFFECT OF EARLY TERMINATION. Upon termination of this Agreement for any reason prior to the end of the Term, Operator shall, within a reasonable time not to exceed ninety (90) days, remove, at its discretion, either the signs bearing the Facility Name and Facility Logo or remove the Facility Name and Facility Logo from the signs and use commercially reasonable efforts to remove or replace all other references to the Facility Name and Facility Logo contained in all other official Facility materials and items as soon as practicable; and remove and, at Sponsor's election, either destroy or make available to Sponsor for pick -up all other Sponsor signage then displayed though out the Facility. Upon termination Operator rename the Facility subject to approval by the Owner, and Operator shall cease from referring to the Facility by the Facility Name and using the Facility Logo, except that reference by others to the established name or logo 12 DRAFT: 08.04.2014 shall not be a violation of this Agreement or give rise to any legal or equitable claim or cause of action against either party hereto. Operator shall make reasonable efforts to notify parties contracting with Operator or its agents to cease and desist from referring to the Facility by the Facility Name. In addition, upon any such termination Sponsor will cease and desist from referring to the Facility by the Facility Name or using the Facility Logo or including such reference in any marketing literature or campaign. 14. ASSIGNABILITY AND TRANSFERABILITY; SALE OF RIGHTS. Except as otherwise provided in this Section 14, the rights and obligations created by this Agreement are exclusive to and shall not be transferred or assigned by Sponsor or Operator, except by written agreement by both Sponsor and Operator. a. (i) Operator may assign this Agreement and /or its rights or duties hereunder, in whole or in part, for administrative, operational and /or financing purposes to another entity, upon written approval of Owner and Operator. The parties agree that the assignee of Operator, if such an assignment should be made, shall be able to enforce the provisions of the Agreement pursuant to such assignment without the further consent of Sponsor. (ii) The parties acknowledge and agree that Operator may delegate certain or all of its duties in connection with this Agreement. (iii) If, during the Term, the Operator sells, transfers or conveys the Operator's interest in the Facility (including its right to name the Facility), such sale, transfer or conveyance shall be subject to the rights of Sponsor as contained in this Agreement, and Operator shall provide as part of said transaction to a third -party transferee that the transfer assumes Operator's rights and obligations herein. Upon such transfer to a third -party transferee, Sponsor shall look to the transferee for performance of Operator's duties and obligations under this Agreement, and Operator will be fully and completely released from liability to Sponsor under this Agreement. (iv) Upon termination of the Management Agreement, the Owner shall allow Sponsor continued rights under this Agreement or may retain a new operator that will assume all obligations of Operator hereunder. b. (i) Sponsor shall not assign or transfer this Agreement and /or its rights or duties hereunder (by operation of law or otherwise) without the prior written consent of Operator; provided, however, that, if Sponsor is merged into (which constitutes a change in control or a renaming of Sponsor), acquire by, or sells all or substantially all of its assets to, a third party that is financially capable of performing Sponsor's duties and obligations hereunder (as determined by Operator in its reasonable discretion), then Sponsor shall have the right to assign or transfer this Agreement upon providing written notice to Operator and obtaining Owner and Operator's consent. If Sponsor both assigns its rights and delegates its duties hereunder to a third party or 13 DRAFT: 08.04.2014 affiliate pursuant to and as permitted by this paragraph and such person agrees in writing to be bound by the provisions hereof, Sponsor shall thereupon be released and discharged from any further liability or obligation hereunder. Sponsor agrees to provide Operator with such financial statements and other financial information as Operator may reasonably request in order for Operator to confirm the financial capabilities of any assignee or transferee hereunder. (ii) Sponsor acknowledges and agrees that Sponsor does not have the right to sub - license any of its rights hereunder and, therefore, may not engage in any co- branding or partnering arrangement with any other advertiser or Sponsor with respect to any of the rights or benefits granted hereunder without the prior written approval of Operator and Owner which approval may be withheld in their sole discretion. 1 S. CON FIDENTIALITYMON- DISCLOSURE. With respect to the entering into of this Agreement, Sponsor and Operator shall not, and shall not permit any agent thereof, to issue any press release or make any public statement with respect thereto without mutual consent, except as may be required by law and then only with such prior consultation. The parties acknowledge that Owner is subject to the Virginia Freedom of Information Act and acknowledge that this Agreement is a public document. 16. REPRESENTATIONS AND WARRANTIES: (a) Operator hereby represents and warrants to Sponsor as follows: (i) Operator is duly organized and validly existing as a limited partnership under the laws of the State of Delaware and authorized to conduct business as of limited foreign partnership under the laws of the Commonwealth of Virginia, and authorized to transact business in the Commonwealth of Virginia, and has the requisite power and authority to own, lease and operate its assets and to carry on its activities as they are presently being, and as they continued to be, conducted. (ii) The execution, delivery and performance of this Agreement by or on behalf of Operator does not and will not: (a) violate any provision of Operator's organizational documents, (b) violate, conflict with, or result in the breach of any of the terms of any contract, mortgage, bond, indenture or other instrument, obligation, contract or agreement to which Operator is a party; (c) violate or conflict with any writ, order, judgment, injunction, award or decree of any court, arbitrator or governmental or regulatory agency or body by which Operator is bound; or (d) violate or conflict with any statute, law, regulation, rule or ordinance by which Operator is bound. 14 DRAFT: 08.04.2014 (iii) Operator has the full legal right and power and all authority and approval required to enter into, execute and deliver this Agreement, and perform the transactions and obligations contemplated herein. (iv) This Agreement has been duly executed and delivered by or on behalf of Operator and constitutes the legal, valid and binding obligation of Operator, enforceable in accordance with its terms (assuming due execution, delivery and performance by Sponsor) subject, however, to general principles of equity and the rights of creditors generally. (b) Sponsor hereby represents and warrants to Operator as follows: (i) ponsor is duly organized and validly existing as a _�[!lt�9_k9ZnN and is authorized to conduct business, under the laws of the Commonwealth of Virginia and has the requisite power and authority to own, lease and operate its assets and properties and to carry on its activities as they are presently being, and as they continue to be, conducted. (ii) The execution, delivery and performance of this Agreement by Sponsor does not and will not: (a) violate any provision of its organizational documents; (b) violate, conflict with, or result in the breach of any of the terms of any contract, mortgage, bond, indenture or other instrument, obligation, contract or agreement to which Sponsor is a party; (c) violate or conflict with any writ, order, judgment, injunction, award or decree of any court, arbitrator or governmental or regulatory agency or body by which Sponsor is bound; or (d) violate or conflict with any statue, law, regulation, rule or ordinance by which Sponsor is bound. (iii) Sponsor has the full legal right and power and all authority and approval required to enter into, execute and deliver this Agreement and perform the transactions and obligations contemplated herein. (iv) This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Sponsor, enforceable in accordance with its terms (assuming due execution, delivery and performance by or on behalf of Operator), subject, however, to general principles of equity and the rights of creditors generally. 17. TERMINATION UPON DEFAULT REMEDIES. (a) A default shall be deemed to have occurred hereunder if: 15 DRAFT: 08.04.2014 (i) Sponsor defaults in the making of the payments required to be made by it under Section 4 hereof after Operator has given Sponsor at least thirty (30) days written notice under this Agreement and said thirty (30) days have elapsed and such payment is due and payable. (ii) Operator or Sponsor defaults in the performance or observance of any other term, covenant, condition or provision of this Agreement on its part to be performed, such default is of a kind which is curable or remediable within a thirty (30) day period, and such default continues for a period of thirty (30) days after service of written notice of default. (iii) Operator or Sponsor defaults in the performance or observance of any other term, covenant, condition or provision of this Agreement, cure is possible, and the curing or remedying of such default requires the doing of work or the taking of action which cannot with due diligence be completed in a thirty (30) day period, such default continues beyond the end of the 30 -day period after the service of a notice of default, and such amount of time as is reasonably necessary to cure or remedy such default, taking into account unavoidable delays to do the work required or to compete such other action as is required to cure or remedy the default in question; (iv) There shall be filed against Sponsor or Operator in any court pursuant to any federal or state statute, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or substantially all of said party's property and within one hundred and twenty (120) days of such filing said party fails to secure a discharge of such petition or the dismissal of such proceedings, or said party files a voluntary petition in bankruptcy or insolvency or for such reorganization or for the appointment of such a receiver or trustee or makes an assignment of the benefit of creditors or petitions for or enters into an arrangement for the benefit of creditors; (b) (0 Within a reasonable time after the occurrence of any default which is continuing, the non - defaulting party shall, if it so elects, have the right to terminate the Agreement upon giving the defaulting party notice of intention to terminate the Agreement and all rights of the defaulting party thereunder and, upon the effective date of such termination specified in such notice (which shall be not less than 10 days after the giving of such notice), the Term shall end as fully and completely as if that were the date herein fixed for the expiration of the Term. (ii) In the event of a material beach by either party of any of the terms, covenants, conditions or provisions hereof, the 16 DRAFT: 08.04.2014 non - breaching party shall have the right to apply for an injunction to restrain the same or invoke any other remedy allowed by law or in equity, including, without limitation, the right to money damages, as if specific remedies, indemnity or reimbursement were not herein provided for. Without limiting such remedies available to Owner, in the event Sponsor defaults or terminates this Agreement before the end of the Term, which default or termination is not otherwise cured, Operator shall have the right to accelerate the remaining amounts due by Sponsor for all of the Contract Years remaining under the Term of this Agreement, immediately due and payable, which Sponsor agrees to pay Operator. (iii) The rights and remedies given to the non - defaulting party in this Agreement are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by the non - defaulting party, shall be deemed to be in exclusion of any of the others provided herein or by equity. 18. INDEMNIFICATION. (a) Sponsor agrees to and hereby does indemnify, defend and hold harmless Operator, Operator or manager of the Facility, Owner, and each of their respective shareholders, directors, officers, Commissioners, employees, and agents and assigns, and the Roanoke Civic Center Commission, of and from any and all Losses resulting from a third party claim made against Sponsor, Owner, Operator, or the Roanoke Civic Center Commission, resulting from (i) any breach or failure of performance hereunder by Sponsor or any officer, director, agent, subcontractor or employee thereof; (ii) any negligence or willful misconduct on the part of Sponsor or any officer, director, agent, subcontractor, employee, guest or invited thereof; and (iii) the content and /or use of the advertising and /or other commercial material which Sponsor furnishes for use pursuant to this Agreement. The provision of this Subsection 1 8(b) shall survive any termination of this Agreement. (b) In order to invoke this indemnity, the party seeking indemnification must (i) give the other party notice of the Loss giving rise to the liability as soon as reasonably practicable after becoming aware of the Loss or after receiving third party notice of the Loss, as the case may be (and in any event not more than thirty (30) days after any third party litigation is commenced asserting such claim), and (ii) cooperate with the other party in defending any third party claim, at the indemnifying party's expense. 19. INSURANCE. During the Term hereof, Sponsor shall, at its sole cost and expense, procure and maintain insurance in the amounts stated below. Sponsor shall cause its general liability insurance to name Operator, Owner, and the Roanoke Civic Center Commission, and such parties' agents, employees, and assigns, as an 17 DRAFT: 08.04.2014 additional insured. All insurance and bonds shall be effective prior to the beginning of any work by Sponsor within the City. (a) Commercial General Liability. Sponsor shall maintain during the life of the Agreement Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for this coverage shall be $ 1 ,000,000 combined single limit for any one occurrence and $1,000,000 aggregate. (b) Contractual Liability. Sponsor shall maintain during the life of its Agreement broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement if it is not included in the Commercial General Liability insurance coverage in (b) above. (c) Workers' Compensation. Sponsor shall maintain during the life of the Agreement Workers' Compensation insurance covering Sponsor's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be $ 100,000 bodily injury each occurrence; $500,000 bodily injury by disease (Policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation and Employer's Liability coverage, the Sponsor's insurance company shall waive rights of subrogation against the Owner and Operator, and their respective officers, agents, employees and volunteers. (d) Automobile Liability. Sponsor shall maintain during the life of this Agreement Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its Agreement. (e) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $ 1,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the overages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Sponsor to the Operator. (f) Evidence of Insurance. All insurance shall meet the following requirements: 19 DRAFT: 08.04.2014 (1) The Sponsor shall furnish the Operator a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The Operator shall be notified of any deductible greater than 10% of the policy limit and such deductible shall be subject to approval of the Operator, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to pre - funded /fully- funded deductible programs upon proper documentation acceptable to the Operator. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to Global Spectrum, L.P., and the City of Roanoke." (3) Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the Operator and the Owner and, their respective officers, agents, employees and volunteers, and the Roanoke Civic Center Commission as additional insureds in connection with this Agreement. (4) Insurance coverage shall be in a form and with an insurance company approved by the Operator which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 20. BOND. In addition to the insurance required to be obtained by Sponsor, Sponsor further agrees to obtain and execute a bond in favor of Operator and Owner, with surety in the amount of $15,000.00, upon execution of this Agreement, in accordance with the requirements of Section 15.2-2104 of the Code of Virginia. The bond shall be conditioned upon the construction, operation and maintenance of this Agreement. 21. NONDISCRIMINATION a. During the performance of this Agreement, Sponsor agrees as follows: (1) Sponsor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Sponsor. Sponsor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 19 DRAFT: 08.04.2014 (2) Sponsor in all solicitations or advertisements for employees placed by or on behalf of Sponsor will state that Sponsor is an equal opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. Sponsor will include the provisions of the foregoing Section a (1, 2, and 3) in every subcontract or purchase order of over $10,000 in connection with the performance of this Agreement, so that the provisions will be binding upon each subcontractor or vendor. 22. DRUG -FREE WORKPLACE a. During the performance of this Agreement, Sponsor agrees to (i) provide a drug free workplace for Sponsor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Sponsor that Sponsor maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. b. For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. 23. FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section 2.2- 4343.1 all parties shall be advised that the Owner does not discriminate against faith -based organizations. 24. COMPLIANCE WITH LAWS AND REGULATIONS AND IMMIGRATION LAW. Sponsor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. Sponsor further agrees that Sponsor does not and shall not during the 20 DRAFT: 08.04.2014 performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 25. MISCELLANEOUS. (a) Governing Law Jurisdiction. This Agreement and all matters or issues incident hereto shall be governed by and construed under and in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflicts of law. Venue for resolution of all disputes arising hereunder shall be in the City of Roanoke, Virginia. (b) Entire Agreement. This Agreement and its Exhibits constitutes the final, complete and exclusive written expression of the intent of the parties with respect to the subject matter hereof, and supersedes all previous verbal and written communications, representations, agreements, promises or statements, and all contemporaneous verbal communications, representations, agreements, promises or statements. (c) Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Agreement. (d) Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (e) Successors. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (f) Notices and Addresses. All notices required to be given under this Agreement shall be given by personal delivery or by certified or registered mail, or overnight mail, addressed to the proper party to the following addresses, or at such other address as may be subsequently given pursuant to this Section, and shall be deemed given (1) when delivered by personal delivery, (2) three (3) days after deposited in the United States mail, postage prepaid, or (3) one (1) day after depositing, charges prepaid, with an overnight courier: IF TO SPONSOR: Sponsor Name Address City, State, Zip Attn: 21 DRAFT: 08.04.2014 IF TO OPERATOR: Global Spectrum, L.P. 710 Williamson Road, N.E. Roanoke, VA 24015 Attn: Robyn Schon, General Manager IF TO OWNER City Manager City of Roanoke, Virginia Room 364 Noel C. Taylor Municipal Building 215 Church Avenue, N.W. Roanoke, VA 24011 (g) Amendment, Modification. or Alteration. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing, dated subsequent to the date hereon and duly executed by the parties hereto. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. (i) Headings Only for Reference. The titles of sections of this Agreement are for reference purposes only, and shall be of no binding effect. 0) Status of Parties. Sponsor and Operator shall be deemed and construed as independent contractors with respect to one another for all purposes and nothing contained in this Agreement shall be determined to create a partnership or joint venture between Sponsor and Operator. (k) Waiver. The waiver by either Sponsor or Operator of any default or breach by the other party of any of the provisions of this Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Agreement. In order to be binding, any waiver must be in writing and signed by the party against whom enforcement is sought. (1) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (m) Employee Status. It is understood and agreed that no agent, servant or employee of Sponsor or any of its agents or subcontractors shall be, under any circumstances, deemed an agent, servant or employee of Operator and that no agent, servant or employee of Operator or any of its 22 DRAFT: 08.04.2014 agents or subcontractors shall be, under any circumstances, deemed an agent, servant or employee of Sponsor. IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives as of the date first written above. <SN! (�X " - - - Witn pS10N NO c 2 Qohc ' �EXP A Witness 23 SPONSOR NAME By: ( I --------- CZ-- Name: ('AAAMS �s,akP/� Title: 6�e v /pans olt GLOBAL SPECTRUM, L.P as agent for the City of Roanoke, Virginia By: Printed Name: Robyn Schon Title: General Manager DRAFT: 08.04.2014 The City of Roanoke, Virginia, a Virginia municipal corporation, hereby approves and consents to the terms and conditions contained in this Agreement. The City of Roanoke, Virginia expressly agrees that it will use the Facility Name on the website of the City and in written materials that involve the Roanoke Civic Center Facility. ATTEST: Stephanie M. Moon Reynolds City Clerk Authorized pursuant to Ordinance No. Approved as to Form: Assistant City Attorney RZ11 CITY OF ROANOKE,VIRGINIA M Christopher P. Morrill City Manager 2 halell TOYOTA TOYOTA CENTER hPlINTOYOTA C -T E N T E 4 holey TOYOTA 0 Vol hale �'� -4 TOYOTA htilipy TOYOTA haloy TOYOTA 10 13 hu TOYOTA p holpy,ToyoTA 12 ■ ht;�qy TOYOTA DRAFT: 08.04.2014 Exhibit A of the Naming, Advertising and Sponsorship Agreement between SPONSOR NAME And Global Spectrum, L.P., as operator SPONSOR NAME ffeCr)/ -79 7'q By: - - -- Name: __�°�a ^ /PSC_ _/r ✓I Title: ___ass•_ _�?�. - Facility Logo (to be attached) 25 GLOBAL SPECTRUM, L.P. as agent for the City of Roanoke, Virginia By: - -- Name: Title: DRAFT DATE: 08.04.2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA n, AN ORDINANCE accepting the bid A _Sd DOO� to execute a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P. and the City to name the facilities at the Roanoke Civic Center complex located at 710 Williamson Road, N.E., Roanoke, Virginia (Official Tax Map No, 3024004) (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; rejecting any other bids; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City of Roanoke, Virginia (City) and Global Spectrum, L.P. entered into a Management Agreement dated as of January 1, 2014, for the management and operation of the Roanoke Civic Center facility situated at 710 Williamson Road, N.E., Roanoke, Virginia (Official Tax Map No. 3024004) (Management Agreement); WHEREAS, pursuant to the terms of the Management Agreement, Global Spectrum, L.P. may sell naming rights related to the Roanoke Civic Center facility, provided that any such agreement to sell such naming rights is subject to the approval by the City; WHEREAS, Global Spectrum, L.P. is interested in selling naming rights related to the Roanoke Civic Center facility for a period of ten (10) years and use the proceeds from the sale of such naming rights to operate and maintain the Roanoke Civic Center facility; WHEREAS, City Council has determined that the sale of the naming rights related to the Roanoke Civic Center facility will assist in the operation, maintenance and promotion of the Roanoke Civic Center facility and serve to benefit the residents of the City; DRAFT DATE: 08.04.2014 WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City, publicly invited bids for the execution of a Naming Rights Agreement, a copy of which Naming Rights Agreement has been available for review; WHEREAS, the City and Global Spectrum, L.P. desire to enter into a Naming Rights Agreement in order to generate additional revenues for the operation and maintenance of the Roanoke Civic Center facility and for the promotion of events to be conducted at the Roanoke Civic Center facility, and that such Naming Rights Agreement will be made to the successful bidder, which will enhance the operation of the Roanoke Civic Center facility for benefit of the residents of the City and surrounding areas; WHEREAS,A#4y;p1A bid(s) for the execution of a Naming Rights Agreement was /were received pursuant to the advertisement and was /were publicly opened at the City Council meeting held on August 18, 2014; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its meeting on August 18, 2014, at which time all persons were accorded a full and fair opportunity to comment with respect to the proposed Naming Rights Agreement; WHEREAS, the matter was referred to the City Manager for evaluation and recommendation; WHEREAS, on ar /I 2014,�f Z&yS°(Recommended Bidder) submitted a bid 11 1 for the execution of the Naming Rights Agreement for the purpose mentioned above upon substantially the same terms as contained in the proposed Naming Rights Agreement that was on file in the City Clerk's Office; 2 DRAFT DATE: 08.04.2014 WHEREAS, after review of all bids received by the City Manager, the City Manager recommends that Council accept the bid of the Recommended Bidder and approve the execution of the Naming Rights Agreement, substantially similar to the copy attached to the City Council Agenda Report dated August 18, 2014; WHEREAS, Council determined that the bid of the Recommended Bidder to execute the Naming Rights Agreement, upon certain terns and conditions, was the most responsive and responsible bid received by the City and Council desires to accept the bid of the Recommended Bidder. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Council accepts the bid of the Recommended Bidder and hereby makes and award for the Naming Rights Agreement to the Recommended Bidder, subject to certain terns and conditions as further noted in the City Council Agenda Report dated August 18, 2014, to this Council and upon such other terms and condition as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Naming Rights Agreement as set forth above and will assist in promoting the operations of the Roanoke Civic Center facility. 2. Any and all other bids made to the City for the above matter are hereby rejected and the City Clerk is directed to notify any such other bidder(s) and to express to each the City's appreciation for any such bid. 3. The City Manager is hereby authorized to execute a Naming Rights Agreement between Global Spectrum, L.P., the City, and the Recommended Bidder to have the Recommended Bidder's name at the Roanoke Civic Center facility for a period of ten (10) years, commencing October 1, 2014, and ending on September 30, 2024, subject to the terms and provisions of the Naming Rights Agreement, which Naming Rights Agreement shall be 3 DRAFT DATE: 08.04.2014 substantially in the form attached to the Council Agenda Report dated August 18, 2014, and upon such other terms as the City Manager deems appropriate and agrees to. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 4. The Naming Rights Agreement referred to above shall be for a term of ten (10) years, commencing October 1, 2014, and ending September 30, 2024. The Recommended Bidder shall pay the aggregate sum set forth and described in the City Council Agenda Report dated August 18, 2014, for the Naming Rights Agreement, in ten (10) annual fees. Each annual fee will be paid in installments in accordance with the schedule of payments described in the City Council Agenda Report dated August 18, 2014. Pursuant to the terms of the Naming Rights Agreement, the term of the Naming Rights Agreement may be terminated prior to September 30, 2024. 5. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement, administer, and enforce such Naming Rights Agreement, which includes, but is not limited to, any needed modifications to such Naming Rights Agreement. All such documents shall be approved as to form by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. ATTEST: City Clerk 4 DRAFT DATE: 08.04.2014 BID FOR NAMING RIGHTS Aa ROM 0 E Ow. CIVIC CENTER iw WE CHOOSE ROANOKE! BERGLUND auroixomE . BUCK GMC. ' lv1 Jeep ----V/ ® l� RAM TOYOTA ��.��� 1 N 71 ;_1 T I . W L I N C O L N Table of Contents • Letter from William Farrell, President, Berglund Automotive • Why choose Berglund? • About Berglund • Official Bid • Attachment A— Berglund Management Group Chart Bank statement to prove readily available funds for 1st year commitment • Attachment B documents - Monthly collaborations to bring visitors to events at Berglund Center - What others have to say about Berglund's character, judgment, integrity, experience and reputation conducting business and it's performance of contracts and agreements - Community involvement breakdown - Board Participation • Why it matters that Berglund's headquarters are in Roanoke City • Car give -a -ways To City Council and Committee Members It is a privilege and honor to be submitting this bid for the naming rights of Roanoke's Civic Center. For the last 44 years, Roanoke has been home to Berglund's corporate offices. More than just a place where we do business, Roanoke City is where my wife Trista and I are raising our two children, Bruce and Elyse. Many of our best memories are at the Roanoke Civic Center. In fact, Trista's first taste of cotton candy was at a circus performance there when she was just 4 years old. It is important to us personally and corporately to support our local community which is why we are so excited about the opportunity of working with you. Our family, beginning with my mother and father, have consistently given to organizations that touch most of the citizens of Roanoke. We can't think of a better way to continue our family's tradition than to help support this wonderful initiative. Today, our company, Berglund Automotive, owns 27 franchises representing 20 different automobile brands with 10 locations throughout Roanoke and surrounding areas. We are proud of the 706 employees that serve our customers and also call our region home. In addition, many of our vendors are located in Roanoke City as well. Our corporate and family real estate portfolios in Roanoke City expand well beyond just our stores. Our family heritage, roots and investments run deep and wide in the city we call home. Our family plans to own and operate Berglund Automotive from the seat of Roanoke City for many years to come. We look forward to our children one day being apart of the operation to continue the hard work that my father, Bruce, laid such a strong foundation with. We would be honored and consider it the utmost privilege to have our company's name on an iconic part of the Roanoke landscape that we love and hope that you will choose us for this historic collaboration. It is our understanding that the funds that we are providing will help refurbish the center which is why we have offered $500,000 upon the signing of the agreement. We would like to have the citizens of Roanoke enjoy the beautification of such an important venue as quickly as possible. We hope that you will find helpful the information we are providing today. Roanoke City is where we've chosen to live, work, play and do the bulk of our business. We hope today, that Roanoke City chooses us. iscussion or any questions you might have at (540) 521 -0535. Why choose Berglund? CASH $500,000 year one to get things started $1,750,000 total over 10 years $250,000 worth of cars to give -a -way. In lieu of the car give -a -ways, we give authorization to convert each car value ($25,000 each in lieu of that car) to cash, as needed, to become the highest bidder today. CIVIC DUTY Berglund Automotive, along with the Farrell family, demonstrate that it is their civic duty to support initiatives like this one. COLLABORATE Working with the City of Roanoke and Global Spectrum, LP, will be an addition to the already robust set of projects Berglund collaborates on monthly for successful outcomes. COMMITMENT Berglund has demonstrated it's commitment to the health and vitality of Roanoke City and will continue to do so with this initiative. About Berglund Locations in the City Of Roanoke Berglund Corporate Offices 2009 Williamson Road Roanoke, VA 24012 Berglund Chevrolet Buick 1824 Williamson Road Roanoke, VA 24012 2013- Multi- million dollar renovation to Service Center and Showroom Berglund Chrysler Jeep Dodge RAM 2525 Franklin Rd SW Roanoke, VA 24014 2014 — 3,000 square foot addition and renovation to Showroom Berglund Fiat 3530 Franklin Rd SW Roanoke, VA 24014 2014 — Currently under a $1,000,000 renovation COMING SOON: Alfa Romeo Berglund Credit Line 3926 Williamson Road Roanoke, VA 24012 Berglund Body Works 2609 Plantation Road Roanoke, VA 24012 Advertising Agency Berglund owns and operates Media Vision 129 Thurston Avenue Roanoke, VA 24012 Carlin's Amoco 1721 Williamson Road Roanoke, VA 24012 About Berglund Located in Roanoke and surrounding areas Berglund Luxury Roanoke Mercedes -Benz, Land Rover, Jaguar, Volvo, Infiniti 5000 Franklin Rd Roanoke, VA 24014 COMING SOON: Mercedes -Benz Sprinter franchise Berglund Ford Mazda 834 E Main Street Salem, VA 24153 Berglund Outdoors Polaris, Jayco 2590 Lee Highway Troutville VA 24175 Midpoint Chevy Buick GMC 17801 Virgil Goode Highway Rocky Mount, VA 24141 Berglund of Bedford Ford Buick GMC 1415 Boxwood Terrace Bedford, VA 24523 Berglund Luxury Auto BMW, Mercedes -Benz, Lincoln, Volvo 2643 Lakeside Drive Lynchburg, VA 24501 Kia of Lynchburg 3400 Old Forest Road Lynchburg, VA 24501 Berglund Toyota Scion 3000 Wards Road Lynchburg, 24502 Mercedes -Benz Si/WWAITE" BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR AND DELIVERY LOCATION OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 18, 2014, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand comer of envelope and on the back of the envelope in bold letters the following title: Bid for Naming Rights Agreement with Global Spectrum, L.P. for Naming, Advertising, and Sponsorship at the Roanoke Civic Center Facility, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on August 18, 2014. Date: 08/18/2014 BERGLUND MANAGEMENT GROUP, INC. proposes and agrees; if its Bid ( Legal Name of Bidder) is accepted, to enter into and be bound by the Naming Rights Agreement for Naming, Advertising, and Sponsorship at the Roanoke Civic Center Facility with Global Spectrum, L.P. (Naming Rights Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of the Naming Rights Agreement. Bid: The minimum acceptable aggregate amount payable to Global Spectrum, L.P. over the ten (10) year term of the Naming Rights Agreement is $1,400,000.00 Bidder agrees to pay the aggregate amount of $ 1,750,000.00 over the ten (10) year term of the Naming Rights Agreement. Final form (07.30.2014) Page I of 6 Bid: The minimum acceptable annual payment for Year 1 (10/01/2014 to 09/30/2015) of the Naming Rights Agreement is $300,000.00. Bidder must make annual payments for each year of the term of the Naming Rights Agreement. Bidder agrees to make annual payments to Global Spectrum, L.P. in the following amounts: Year 1 (10/01/2014 to 09/30!2015) $ 000.00 500, (must be at least S300,000.00) Year 2 (10/01/2015 to 09/30/2016) $ 138,888.89 Year 3 (10/01/2016 to 09/30/2017) $ 138'888.89 Year 4 (10/01/2017 to 09/30/2018) $ 138,888.89 Year 5 (10/01/2018 to 09/30/2019) $ 138,888.89 Year 6 (10/01/2019 to 09/30/2020) $_ 138'888.89 Year 7 (10/01/2020 to 09/30/2021) $ 138'888.89 Year 8 (10/01/2021 to 09/30/2022) $ 138,888.89 Year 9 (10/01/2022 to 09/30/2023) $ 138,888.89 Year 10 (10/01/2023 to 09/30/2024) $ 138,888.88 TOTAL $ 1,750,000.00 (must beat least $1,400,000.00) Berglund will provide one new car, per year for the duration of the contract, at a minimum value of $25,000 per vehicle, to be used for promotional purposes by the Center. The $250,000 value this represents shall be added to the bid price in cash increments of $25.000 in lieu of that vehicle if needed to become highest bidder.* Bid: Bidder agrees the annual payments will be palo in accoraance wtm me scneoule oI payments set forth in Section 4 of the Naming Rights Agreement. Bid Term: The term of the Naming Rights Agreement is ten (10) years, commencing October 1, 2014 and ending on September 30, 2024. Bid: Bidder is engaged in the primary business of Automotive Sales and Service and this primary business will constitute bidder's Product Category for all purposes in the Naming Rights Agreement. The term "primary business" is defined in the Naming Rights Agreement. Bid: Bidder's proposed name of the Roanoke Civic Center Facility I9: The Berglund Center Bid: Bidder has the financial ability to perform the Naming Rights Agreement and submits the following information in Attachment A to establish that bidder has the amount of the first annual payment in an account that is subject to no restrictions and constitutes immediately available Final loom (07.30.2014) Page 2 of 6 funds of the United States. (Information attached may include a certification from bidder's financial institution that identifies the account and the amount in such account). Bid: Bidder submits the following information in Attachment B to (i) demonstrate the character, judgment, integrity, experience, and reputation of the bidder in conducting its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Naming Rights Agreement, a copy of which Naming Rights Agreement is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Review of the Naming Rights Agreement, prior to the submittal date and time, is the responsibility of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2 -2100, et seq, Code of Virginia (1950), as amended. Bidder acknowledges that the City has the right to reject any and all bids in accordance with Section 15.2 -2100, et seq. The Bidder agrees, if its bid is accepted, will post a bond with sureties in favor of the City as required by Section 15.2 -2104, Code of Virginia (1950), as amended. Consideration of all bids received shall be made in accordance with Section 15.2 -2102 which provides, in part, as follows: The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staff's recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise, right, lease, or privilege to the lower bidder, if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right, lease or privilege. Please direct any questions or inquiries to Sherman Stovall, Assistant City Manager for Operations, at (540)853 -2333 or sherman.stovallOroanokeva.eov Final form (07.30.2014) Page 3 of 6 State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL,NQI1� (J4I1313k: BERGLUND MANAGEMENT GROUP. INC. Mn1, 4111PRE ' William (Printed Title) (Printed Name) STREET ADDRESS: 1824 WILLIAMSON RD MAILING ADDRESS: 1824 WILLIAMSON ROAD, N.W CITY: Roanoke STATE: Virginia ZIP CODE: 24012 TELEPHONE: 15401344 -1461 FAX: wfarrell @berglundcars.com Bidder's SCC Identification Number: 02865426 Final form (07.302014) Page 4 of 6 ATTACHMENT A TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Information to establish Bidder's ability to pay the annual payment for the first year of the Naming Rights Agreement (10/01/2014 to 09/20/2015) is attached. Final fonn(07.30.2014) Page 5 of 6 Attachment A Attached is a bank account summary for Berglund Chevrolet Inc., a subsidiary of Berglund Management Group, Inc. (see attached Organizational Chart). The final balance, as of July 311, 2014, was $1,634,569.42. This is more than a sufficient amount to cover the first year payment of $500,000.00. Berglund Management Group, Inc. Organizational Chart Roanoke, Salem, Rocky Mount, Troutville I Berelund Management Group. Inc. I Berglund ChevrolM, Inc Berglund Chevrolet, Inc. Berglund Ford, Inc. Bergluntl Luxury ROq Inc. Midpoint Chevrolet, Inc. Berglund Chevrolet, Inc. dba Berglund Chrysler Jeep dba dba Dod a Ram Ber luntl Luxu Roanoke Berglund Outdoors Franklin Road Sales and Service, Inc. dba Amierst Management Co., Inc. dba Berglund's Credit Line ATTACHMENT B TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Bidder submits the following information to (i) demonstrate the bidder's character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility (attach additions sheets if necessary): Final form (07.30.2014) Page 6 of 6 Monthly collaborations to bring visitors to events at the Berglund Center Berglund has collaborated with countless organizations to create successful outcomes that are mutually beneficial for both parties. We will use those experiences with the 20 automobile brands we work with, over 100+ vendors, local and regional marketing and advertising sources, and local charities to create a winning partnership with Global Spectrum, LP and Roanoke City in the promotion of The Berglund Center. As part of our commitment and collaboration, we will use the power of our 20+ websites and 50,000 monthly newsletter and a -blast subscribers, with a full database of over 300,000, to help promote events at the Berglund Center. We have the ability to also leverage our $250,000 a month advertising budget for this same purpose. A button that will click- through to the Berglund Center website (www.theberglundcenter.com or www.berglundarena.com) will be placed on all home pages of the Berglund affiliated websites. Berglund websites receive about 70,000+ visits each month. We will consistently encourage our 706 full and part -time employees and their families to support, in any way they can, the events at the Berglund Center. Give -a -ways for tickets to events can occur each month to the 50,000 subscribers of our newsletter and e- blasts for additional promotion and exposure as part of our collaboration with the center. At all 10 Berglund locations we can post signage for upcoming events at the Arena, Performing Arts Center, Exhibit Hall and the Conference Center. What others have to say about Berglund's character, judgment, integrity, experience and reputation conducting business and it's performance of contracts and agreements r +.� BUICK I3il C, IK� - {Jeep 000��� )j TOYOTA . I N f I N I T I �...c �.�.� LINCOLN In order to represent the above 20 different brands (soon to be 22 with the addition of Alfa Romeo and the Mercedes -Benz Sprinter brands), Berglund Automotive was required to meet and then consistently adhere to each of the brands highest standards of performance. Each brand is awarded to only one owner per market. With Berglund currently representing 20, it is a testament to their continued achievement of excellence in business practices and commitment. We have attached letters from the following individuals representing several organizations that Berglund Automotive has had collaborations, partnerships with, and used as vendors for many years. Doug Densmore CowanPerry, PC J.L. Winslow, Senior Vice President Wells Fargo Dealer Services Jeffrey Johnson, Managing Partner JKR Advertising Ken Hudson, CEO Omni Advertising Kevin P. Oddo, Attorney at Law LeClairRyan Leonard Wheeler, President & Owner Q99,K92, 94.9, WFIR, VIBE, WLNI Robert Donovan, CEO Dealer Online Marketing, LLC COWANPERRYPC 317 WASHINGTON AVE, SW 1 ROANOKE, VIRGINIA 24016 1 (540) 777 -3450 main 202 S. MAIN ST STE 202 1 BLACKSBURG, VIRGINIA 24060 1 (540) 443 -2850 main ddensmore @cowanperry.com 1 (540) 777 -3458 direct 1 (888) 755 -1450 facsimile City of Roanoke Noel C. Taylor Municipal Bldg 215 Church Avenue Roanoke, VA 24011 RE: Roanoke Civic Center To whom it may concern: I am writing on behalf of Berglund Automotive Group and its owners, Bruce and William Farrell. 1 have known the Farrells intimately for many years - I have purchased vehicles from Berglund, I have had my and my family's vehicles serviced by Berglund, and I have had body repair work performed by Berglund. More recently, the past several years I have also represented Berglund and the Farrells as their corporate and family counsel. So I can endorse their integrity and excellent character both in the context of how Berglund has treated me and my family over many years as customers and how, in the course of representing Berglund more recently, I have observed Berglund's high business standards in dealing with its customers and vendors generally. I am proud to be associated with Berglund and the Farrell family, both personally and professionally. I know the strong ethical basis on which the Berglund business is constituted. I know how dedicated the Farrell family is to our Roanoke Community and the importance to them of their reputation for high business standards and fair dealing. I frankly can think of no higher honor for the Roanoke Civic Center than to be associated by name with this business and family. S7 cerely, ,---- D6ugias W. Densmore OUTSIDE GENERAL COUNSEL / BUSINESS AND EMPLOYMENT LITIGATION / CORPORATE AND TAX www.Cowanperry.Com LABOR AND EMPLOYMENT COUNSEL/ ERISA AND EMPLOYEE BENEFITS LAND USE AND COMMERCIAL REAL ESTATE / TRUST AND ESTATES / INTELLECTUAL PROPERTY LOR LECLAIR 'iYAN August 15, 2014 Roanoke City Council Noel C. Taylor Municipal Building 215 Church Avenue, Room 364 Roanoke, Virginia 24011 Re: Berglund Automotive Group Dear Council Members: I have been counsel to the various Berglund Automotive entities ( "Berglund ") for more than 25 years, and as a result have worked closely with not only the management of the company, but all levels of employees as well. During that time I have observed first -hand the character, judgment, and experience of the owners and employees of Berglund. Bruce and William Farrell are men of high personal and business ethics who demand the same standard from their employees at all levels. They are honest, hardworking men of their word, and in all my years of working with them have never heard anyone question their honesty, character, or truthfulness. I am sure that each of you knows that Berglund has been a positive contributor to the City of Roanoke for more than 40 years. The Farrells strongly believe in giving back to the community, and over the years have supported and continue to support countless charities, organizations and causes in Roanoke. Berglund is a model corporate citizen, and enjoys an enviable reputation in the business community. I unequivocally attest to Berglund's integrity. Anyone entering into a contractual relationship with Berglund can be assured that the company will perform each and every one of its obligations to the letter. Simply put, not living up to one's word is not an option at Berglund. In sum, I endorse the character, judgment, integrity, experience and reputation of Berglund and the Farrells without reservation. I am happy to provide additional information if needed. KPOldb 50012.0000 E -mail: kevin.oddo @leclairryan.com Direct Phone: 540.510.3020 Direct Fax: 540.510.3050 Very truly yours, Kevin P. Oddo 1800 Wells Fargo Tower, Drawer 1200 Roanoke, Virginia 24006 Phone: 540.510.3000 1 Fax: 540.510.3050 CALIFORNIA 1 COLORAD01 CONNECTICUT 1 MASSACHUSETTS 1 MICHIGAN 1 NEW JERSEY l NEW YORK V PENNSYLVANIA 1 VIRGINIA I WASHINGTON, D.C. Wells Fargo Dealer Services Commercial Services MAC R3546 -011 2701 Emerywood Parkway 2nd Floor Richmond, VA 23294 wellsfargodealerservices.com August 18, 2014 RE: Berglund automotive Group To the City of Roanoke: I have known and worked with the Berglund Automotive Group and Bruce Farrell since the late 1990's. They have always handled their affairs in an exceptional manner. The character and integrity is above reproach and they can be counted on to follow through with what they say they will do. All business and personal dealing have been handled at the highest level of integrity and they can be trusted to be a consistent and responsible payer of all their commitments. They are an outstanding and valuable client, who I have had the privilege to work with for many years. Sincerely, //Linslow Wells Fargo Dealer Services Senior Vice President Together we'll go far Wells Fargo Sank NA.. Member FDIC and Egoal Credit Opportunity Lender 0Mn1 flDUERTISInG 622 Banyan Trail. Ste.300 Boca Raton, FL 33431 Phone 561 - 620 -474 Fax 561- 620 -8774 RE: Berglund Automotive Group Dear Council and Committee members, Our agency has done business with Berglund Automotive for more than 10 years. Our relationship is one that requires us to communicate and collaborate on a monthly basis to create winning strategies to promote the brands they represent. It is a privilege to work with a family and a corporate client who demonstrate sound judgment and rely on their many years of experience to make decisions. The character of the company is reflected in that of their owners. Any member of their family or any employee of their company demonstrate high personal and business ethics along with meeting their financial obligations quickly and as agreed upon. We rarely sign formal contracts with Berglund as their word to commit to our business dealings is all that has ever been needed. Berglund and the Farrell family always live up to their word which allows us to fell safe and secure in placing millions of dollars in advertising for them over the many years of us doing business together. I can't imagine a better company to collaborate with on the naming of Roanoke's Civic Center. Sincerely, Ken Hudson CEO Q09 WSLQ FM WXLK FM 94?pm STAR COUNTRY WSLC FM Jt J r IKI ] iJ all Leonard Wheeler President 3934 Electric Rd Roanoke, VA 24018 Iwheeter@wheelerbroadcasbng.com PH 540- 774 -9200 FAX 540774 -5667 Our company has had experience working with Berglund Automotive for more than 20 years. It is also our experience that they fulfill any commitments that they make and are especially conscientious on timely payment. They are the consummate professionals, always. Personally, as well as professionally, I have found the Farrell family to have the utmost of integrity and they are of outstanding character. All their qualities, personally and professionally have made them great partners to work with in enterprising numerous community events we have done jointly. Whether it be Toy Drives ( "Toy Mountain ") for the Salvation Army and families in need each year, support of our Pajama Jam fundraiser for the American Cancer Society, or working with the station on a promotion that generated 30,000+ Facebook fans in less than six weeks- they have been great partners when it comes to benefiting the community. I count them as a blessing for our Company and for our Community. Leonard Wheeler Owner /President V44T to /? Advertising • Marketing To Whom It May Concern: Please consider this letter to be a reference for the many positive attributes of the Berglund Automotive Group. Over the past several years, several of their dealerships have been clients of our agency, and we have very much enjoyed the opportunity to work with each of them. The Berglund Automotive dealerships are held in the highest esteem by us here at 1KR. They continually demonstrate the highest character and integrity, and have always fulfilled contractual obligations while never falling behind on their financial commitments. It's been my personal experience that the Berglund Automotive Group is among the best in its industry, and there is no question that they would be a major asset to any organization they are affiliated with — in any capacity. Please feel free to contact me at (321) 397 -0777 should you have any further questions. Jeffr yJohnson Man Bing Partner, JKR Advertising DEALER OiNLINE MARKETING To Whom It May Concern: August 18, 2014 Dealer Online Marketing (DOM) has been the digital marketing vendor /partner of the Berglund Automotive Group for over five years. With clients big and small located all over the United States, we can say without hesitation that we are proud to call Berglund our client. Likewise, when prospective clients see that we are doing business with Berglund, it tends to make our job easier because of the respect and authority Berglund has amongst its peers. "If Berglund is using DOM, then I need to seriously consider using DOM." In our duties as a vendor we have had the pleasure of interviewing Berglund clients and soliciting testimonials. The overall feeling Berglund customers have in the Roanoke marketplace is one of integrity, honor and trust. Berglund are the good guys, the ones looking out for me and my family. This reputation also holds true here in the Greenville /Spartanburg area where our business, DOM, is located and the Farrell's held many business assets for years. I have personally seen hundreds flock to support the community efforts of Trista and William Farrell in support of their mobile mammogram bus here in Greenville. A true partner in every sense of the word, the Berglund Automotive Group is a delightful client to work with. Their level of professionalism, integrity and honoring of agreements makes them a prized possession of our organization. Personally, I had obtained the clearance and worked in a top Secret environment in our nation's embassies while in the Foreign Service. I can tell you that the character of both Bruce and William is that of a level demonstrated by those working as the highest level in our nation's foreign policy. I would not hesitate to personally go into any business venture with the Farrell's. Sincerely, Robert Donovan CEO Dealer Online Marketing, LLC. 120 Broadus Avenue • Greenville, SC • 29601 • (864) 248 -0886 How Berglund demonstrates its character and integrity through consistent community involvement and contributions The Berglund Automotive Group, the Farrell Foundation, along with the Farrell family is dedicated to supporting organizations that serve their local community. Giving is part of the fabric of their family. It's difficult to create a complete list of all the giving the company and the family has done for the last 10 years. Along with monetary donations, Bruce, Lucy, William and Trista all have and continue to give time and actively participate in boards for many of the organizations they support. As William and Trista's children grow up in Roanoke City, they too are learning the value of giving back and already are doing community service for many organizations in our area. Trista currently sits on the board of the United Way and William is very proud to have been a past part of the board and Chaired the "Success by Six' program that was a springboard to "Smart Beginnings" which helps children read before they turn 6 years old. Directly impacting the City of Roanoke over the last 10 years $1,500,000 + Center in the square $500,000+ United Way of the Roanoke Valley - Pacesetter annual employee campaign and Farrell family individual contributions $100,000+ Roanoke Regional Partnership How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $75,000+ Star City Motor Madness $50,000+ The MDA Car Show at the Roanoke Civic Center $25,000+ Al Pollard Memorial Golf Tournament Roanoke Salvation Army Taubman Museum of Art $10,000+ Roanoke City Police — 2 computerized speed warning signs Saint Francis Dogtoberfest Transportation Museum $4,000+ Down Syndrome Association of Roanoke Governor's School $2,000+ Crystal Spring Elementary St. John's Community Youth Program How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $1,000+ American Red Cross Bethany Hall Boys and Girls Club Grandin Theater Foundation Mill Mountain Theatre Mill Mountain Zoo O. Winston Link Museum Opera Roanoke Rescue Mission of Roanoke Roanoke Catholic School Roanoke Chamber of Commerce Roanoke Garden Club Virginia Western Community College West End Center Other Contributions $50,000+ North Cross School Berglund Soccer Field $25,000+ The Darrell Gwynn Foundation Child Health Investment Partnership Roanoke Valley SPCA — Box Truck Donation Toy Mountain How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) Other Contributions over the last 10 years $15,000+ Apple Ridge Farms — Car Donation American Heart Association Roanoke Women's Foundation Salem Historical Museum Salem - Roanoke County Chamber of Commerce $5,000+ American Cancer Society Boy Scouts of America Blue Ridge Chevy Youth Baseball National Multiple Sclerosis Society - Blue Ridge Chapter Susan G. Komen Foundation $2,500+ Miss Roanoke Valley Pageant How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $1,000+ Cure by Design Fellowship of Christian Athletes Friends of the Blue Ridge Parkway Friends of the Rivers of Virginia Hospice of the Valley Mount View Humane Society Roanoke Scholarship Pageants Roanoke Stars Soccer Team Cure by Design Fellowship of Christian Athletes Friends of the Blue Ridge Parkway Friends of the Rivers of Virginia Hospice of the Valley Mount View Humane Society Roanoke Scholarship Pageants Roanoke Stars Soccer Team Board Participation Berglund Automotive has been recognized as one of the most exceptional dealerships in the state of Virginia with Bruce Farrell having been awarded the 2009 Time Quality Dealer of the Year Award. 2014 -2015 William Farrell Vice Chairman and is the 2015 Chairman -Elect for the Virginia Auto Dealers Association serving all the dealers of Virginia Board member for the Roanoke Business Council Virginia Chair for the Young President's Organization Collaborating with other business leaders locally and throughout the state of Virginia and beyond Bruce Farrell Board member of the National Automotive Dealers Association as the Director for the state of Virginia. Representing Virginia dealers issues at the national's capital. Why it matters that Berglund's headquarters are in Roanoke City Berglund Automotive Group and it's affiliated companies have paid approximately $5,483,112 in the form of real estate, property and sales tax over the last 10 years to the City of Roanoke. Revenue for the City from our Chevy store on Williamson Road along with our Chrysler, Fiat, and Credit Line locations have generated approximately $6,689,176 in the last 10 years. Berglund provides the headquarters for the Star City Motor Madness event that brings close to 10,000 visitors to the City of Roanoke each year. As part of their commitment to call Roanoke City their corporate home they fund projects to help beautify and bring recognition to this area. One such example is the complete renovation of Carlin's Amoco which has now won a national preservation award and is listed on the national register of historic places and registered as a Virginia landmark. Below are the before and after pictures. Ij Oh, and there's one more thing... *Car give -a -ways or CASH Let's have some fun together! As part of our bid proposal we have included 10 new vehicles for the Berglund Center to give -a -way. Each vehicle will be valued at a minimum. of $25,000. One vehicle will be given for each year of our naming rights agreement. These vehicles are given to the Berglund Center to be give -a- way as part of promotions of their choosing and with the support of our staff, marketing, advertising and PR resources. With our marketing budget in excess of $250,000 per month, great relationships with radio and TV stations in our region, and history of successful car give -a -ways and countless collaborations, we would look forward to bringing fantastic exposure and new visitors to Roanoke City and the Berglund Center with these annual give -a -ways. In the past, we worked with Star Country to partner to give -a -way a brand new car which resulted in that station building the largest number of fans in Facebook history for a country music station. (30,000+ in less than 6 weeks) We have some great ideas, solid advertising, marketing and PR to put behind this part of our bid and look forward to collaborating and helping to support you to make these events something that the entire region will look forward to and thousands would participate in. * Although our intention and preference is to use these additional funds for car give -a -ways. The $250,000 value of those vehicles may be converted to cash, as needed in $25,000 increments (in lieu of that vehicle), by the Council or Committee, only in the event that another bidder comes in above the base amount we have offered of $1,750,000 which would then convert our total cash bid amount to $2,000,000 over 10 years. COMMONWEALTH OF UjRG�NIa ,a DONALD S. CALDWELL*'�`,' COMMONWEALTH'S ATTORNEY -- CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRIGNIA?4016 July 3, 2014 Ms. Stephanie Moon, City Clerk Roanoke City Council 215 Church Avenue, S. Roanoke, VA 24011 Dear Ms. Moon: W., Room 456 AarA CooF 540 T,, No 853 -2626 Rix 853 -1201 I am writing to request an opportunity to speak to City Council on Monday, August 18, 2014, at 2:00 pm, and provide an update on Roanoke City Cost Collections. If you should have any questions or need additional information, please call me at 853 -2678. Sincerely, I`l Donald S. Caldwell Commonwealth's Attorney CITY OF ROANOKE COST COLLECTIONS UNIT Fiscal Year 2013 - 2014 Page: INDEX 1 - Summary of Cost Collection Effort for Fiscal Year 2013 -2014 2 - Four -Year Comparison of Cost Collection Effort 3 - Chart: Four -Year Comparison of Cost Collection Results for Roanoke City 4 - Four -Year Comparison of General District Court Delinquent Collections 5 - Chart: General District Court 4 -Year Comparison 6 - Four -Year Comparison of Circuit Court Delinquent Collections 7 - Chart: Circuit Court 4 -Year Comparison 8 - Four -Year Comparison of Juvenile & Domestic Court Delinquent Collections 9 - Chart: Juvenile & Domestic Court 4 -Year Comparison SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 2013 - 2014 COLLECTION FEE BREAKDOWN 35% from State GENERAL 56,793.43 JUVENILE TOTALS 9.724.32 DISTRICT CIRCUIT & DOMESTIC FOR ALL 23.687.65 COURT COURT COURT COURTS Total Delinquent Referred $1,690,764.07 $837,275.26 $157,214.70 $2,685,254.03 Total Delinquent Collected 647,689.62 191,738.91 40,199.75 $879,628.28 % of Total Delinquent Referred 38.31% 22.90% 25.57% 32.76% State 526,090.38 163,948.32 34,278.28 724,316.98 % of Total Delinquent Collected 81.23% 85.51% 85.27% 82.34% Local 121,599.24 27,790.59 5,921.47 155,311.30 % of Total Delinquent Collected 18.77% 14.49% 14.73% 17.66% COLLECTION FEE BREAKDOWN 35% from State 173,377.60 56,793.43 35% from City 43.546.73 9.724.32 35% to Cost Collections from 216,924.33 66,517.75 Total Delinquent Collected 23.687.65 4.850.37 BUDGET EXPENDITURE 62.426.40 19.142.45 EXCESS REVENUE 154,497.93 47,375.30 SPLIT 50/50 WITH STATE 77,248.96 23,687.65 YEAR -END RESULTS FOR ROANOKE CITY 11, 582.94 2.037.47 13,620.41 3,919.68 9,700.73 4,850.37 LOCAL DELINQUENT COLLECTED 121,599.24 27,790.59 5,921.47 MINUS 35% COLLECTION FEE 43 546.73 9.724.32 2.037.47 78,052.51 18,066.27 3,884.00 PLUS SPLIT 77.248.96 23.687.65 4.850.37 TOTAL REVENUE TO LOCALITY $155,301.47 $41,753.92 $8,734.37 ADDITIONAL INCOME TO CITY ($205,789.76 - 155,311.30) = The ACTUAL COST OF COLLECTION is the Budget Expenditure of $85,488.53 which results in a Collection Cost Percentage of Page 1 41,753.97 55.308.52 97,062.49 85.488.53 211,573.96 105,786.98 155,311.30 55.308.52 100,002.78 105.786.98 $205,789.76 50,478.46 9.72% FOUR -YEAR COMPARISON OF COST COLLECTION EFFORT Total Delinquent Referred Total Delinquent Collected % of Total Delinquent Referred State Delinquent Collected % of Total Delinquent Collected Local Delinquent Collected % of Total Delinquent Collected 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50/50 WITH STATE FY FY FY FY 2010 -11 2011 -12 2012 -13 2013 -14 2,200,505.20 2,328,298.19 2,183,687.76 2,685,254.03 702,106.53 707,287.70 759,219.22 879,628.28 31.91% 30.38% 34.77% 32.76% 571,196.90 572,119.31 616,042.01 724, 316.98 81.35% 80.89% 81.14% 82.34% 130,909.63 135,168.39 143,177.21 155,311.30 18.65% 19.11% 18.86% 17.66% COLLECTION FEE BREAKDOWN 199,903.49 200,861.75 215,612.31 45.814.43 47.423.46 50.107.13 245,717.92 248,285.21 265,719.44 77.538.26 168,179.66 84,089.83 84.123.10 164,162.11 82,081.06 82,914.60 182,804.84 91,402.42 YEAR -END RESULTS FOR ROANOKE CITY 241.753.97 55, 308.52 297,062.49 85.488.53 211,573.96 105,786.98 LOCAL DELINQUENT COLLECTED 130,909.63 135,168.39 143,177.21 155,311.30 MINUS 35% COLLECTION FEE 45,814.43 47.423.46 50.107.13 55,308.52 85,095.20 87,744.93 93,070.08 100,002.78 PLUS SPLIT WITH STATE 84,089.83 82.081.06 91.402.42 105.786.98 TOTAL REVENUE TO LOCALITY 169,185.03 169,825.99 184,472.50 205,789.76 ADDITIONAL INCOME /LOSS $38,275.40 $34,657.60 $41,295.29 $50,478.46 TO CITY 29.24% 25.64% 28.84% 32.50% Page 2 ID W. 0 201011 221112 2012 -13 24131" 4 $130,909.63 $135,168.39 $143,177.21 $155,311.30 GROSS DELINQUENT COLLECTED 45.814.43 47 423.46 50.107.13 55.308.52 MINUS COLLECTION FEE 85,095.20 87,744.93 93,070.08 100,002.78 NET DELINQUENT COLLECTED 84.089.83 82.081.06 91.402.42 105.786.98 PLUS SPLIT OF EXCESS REVENUE $169,185.03 $169,825.99 $184,472.50 $205,789.76 TOTAL REVENUE TO LOCALITY m Im 0 GRO68 DELI MCOLLECTEO COLLE ON FEE NET OELI COLLECTED SPLIT O ,. 8S REVENUE RE TO TOTAL LOCKET' FOUR -YEAR COMPARISON OF COST COLLECTION RESULTS FOR ROANOKE CITY A1611 ]Mi -1] N313 M&14 FISCAL YEAR 201011 221112 2012 -13 24131" 4 $130,909.63 $135,168.39 $143,177.21 $155,311.30 GROSS DELINQUENT COLLECTED 45.814.43 47 423.46 50.107.13 55.308.52 MINUS COLLECTION FEE 85,095.20 87,744.93 93,070.08 100,002.78 NET DELINQUENT COLLECTED 84.089.83 82.081.06 91.402.42 105.786.98 PLUS SPLIT OF EXCESS REVENUE $169,185.03 $169,825.99 $184,472.50 $205,789.76 TOTAL REVENUE TO LOCALITY FOUR -YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Referred Total Delinquent Collected % of Total Delinquent Referred State Delinquent Collected % of Total Delinquent Collected Local Delinquent Collected % of Total Delinquent Collected 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50/50 WITH STATE FY FY FY 2010 -11 2011 -12 2012 -13 1, 547, 563.30 1, 603, 705.37 1, 490, 915.01 490,942.68 506,527.08 534,916.24 31.72% 31.58% 35.88% 388,850.47 398,357.94 425,014.47 79.20% 78.64% 79.45% 102,092.21 108,169.14 109,901.77 20.80% 21.36% 20.55% COLLECTION FEE BREAKDOWN FY 2013 -14 1,690,764.07 647,689.62 38.31% 526,090.38 81.23% 121, 599.24 18.77% 136, 085.21 139, 411.80 148, 735.21 173, 377.60 35.728.53 37.856.12 38.460.50 43.546.73 66,363.68 171, 813.74 177, 267.92 187,195.71 216, 924.33 54,217.20 60,061.28 58,412.20 62.426.40 117,596.54 117, 206.64 128,783.51 154,497.93 58,798.27 58,603.32 64,391.76 77,248.96 YEAR -END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 102,092.21 108,169.14 109,901.77 MINUS 36% COLLECTION FEE 35.728.53 37.856.12 38.460.50 66,363.68 70,313.02 71,441.27 PLUS SPLIT WITH STATE 58.798.27 58.603.32 64.391.76 TOTAL REVENUE TO LOCALITY 125,161.95 128,916.34 135,833.03 Page 4 121,599.24 43.546.73 78,052.51 77.248.96 155,301.47 N N Al 2010 -11 2011-12 1=12 4 3 2 1 0 General District Court 4 -Year Comparison State and Local Fines & Costs Total Paid IN Total Timely Payments ■ Total Referred ❑ Total Collected 3,552,706 3,492,165 3,264,012 3,457,742 Total Paid 2010 -11 2011 -12 2012 -13 2013 -14 2,985,638 2,729,095 2010 -11 2011-12 1=12 2012 -13 201 3,552,706 3,492,165 3,264,012 3,457,742 Total Paid 3,061,764 2,985,638 2,729,095 2,810,053 Total Timely Payments 1,547,563 1,603,705 1,490,915 1,690,764 Total Referred 490,943 506,527 534,916 647,690 Total Collected 31.72% 31.58% 35.88% 38.31% %Collected FOUR -YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT COLLECTION FEE BREAKDOWN 35% from State FY FY FY FY 35% from City 2010 -11 2011 -12 2012 -13 2013 -14 Total Delinquent Referred 531,244.28 558,336.57 559,862.91 837,275.26 Total Delinquent Collected 177,839.79 168,770.86 186,863.54 191,738.91 % of Total Delinquent Referred 33.48% 30.23% 33.38% 22.90% State Delinquent Collected 154,236.80 145,341.65 158,402.38 163,948.32 % of Total Delinquent Collected 86.73% 86.12% 84.77% 85.51% Local Delinquent Collected 23,602.99 23,429.21 28,461.16 27,790.59 % of Total Delinquent Collected 13.27% 13.88% 15.23% 14.49% COLLECTION FEE BREAKDOWN 35% from State 53,980.36 50,864.66 55,436.97 56,793.43 35% from City 8.260.93 8.206.91 9,960.92 9.724.32 35% to Cost Collections from 62,241.29 59,071.57 65,397.89 66,517.75 Total Delinquent Collected 21,300.28 19.528.58 22,495.63 23.687.65 BUDGET EXPENDITURE 19.640.74 20,014.42 20.406.64 19.142.45 EXCESS REVENUE 42,600.55 39,057.15 44,991.25 47,375.30 SPLIT 50/50 WITH STATE 21,300.28 19,528.58 22,495.63 23,687.65 YEAR -END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 23,602.99 23,429.21 28,461.16 27,790.59 MINUS 35% COLLECTION FEE 8,260.93 8.206.91 9.960.92 9.724.32 15, 342.06 15, 222.30 18, 500.24 18, 066.27 PLUS SPLIT WITH STATE 21,300.28 19.528.58 22,495.63 23.687.65 TOTAL REVENUE TO LOCALITY 36,642.34 34,750.88 40,995.87 41,753.92 Page 6 (G fD a 2010 -11 2011 -12 900 600 700 600 500 o `� 400 300 200 100 0 Circuit Court 4 -Year Comparison State and Local Fines & Costs Total Paid ■ Total Timely Payments ■ Total Referred ❑ Total Collected 534,840 532,439 553,168 584,307 Total Paid 357,000 363,668 366,305 392,568 531,244 2010-11 2011 -12 2012 -13 201314 559,863 837,275 2010 -11 2011 -12 2012 -13 2013 -14 534,840 532,439 553,168 584,307 Total Paid 357,000 363,668 366,305 392,568 Total Timely Payments 531,244 558,337 559,863 837,275 Total Referred 177,840 168,771 186,864 191,739 Total Collected 33.48% 30.23% 33.38% 22.90% % Collected FOUR -YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY JUVENILE & DOMESTIC COURT COLLECTION FEE BREAKDOWN 35% from State FY FY FY FY 35% from City 2010 -11 2011 -12 2012 -13 2013 -14 Total Delinquent Referred 121,697.62 166,256.25 132,909.84 157,214.70 Total Delinquent Collected 33,324.06 31,989.76 37,439.44 40,199.75 % of Total Delinquent Referred 27.38% 19.24% 28.17% 25.57% State Delinquent Collected 28,109.63 28,419.72 32,625.16 34,278.28 % of Total Delinquent Collected 84.35% 88.84% 87.14% 85.27% Local Delinquent Collected 5,214.43 3,570.04 4,814.28 5,921.47 % of Total Delinquent Collected 15.65% 11.16% 12.86% 14.73% COLLECTION FEE BREAKDOWN 35% from State 9,837.92 10,585.29 11,440.13 11, 582.94 35% from City 1.824.97 1.360.43 1.685.71 2.037.47 35% to Cost Collections from 11,662.89 11,945.72 13,125.84 13,620.41 Total Delinquent Collected TOTAL REVENUE TO LOCALITY 7,380.75 6,158.77 7,643.61 8,734.37 BUDGET EXPENDITURE 3.680.32 4,047.40 4.095.76 3,919.68 EXCESS REVENUE 7,982.57 7,898.32 9,030.08 9,700.73 SPLIT 50/50 WITH STATE 3,991.29 3,949.16 4,515.04 4,850.37 YEAR -END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 5,214.43 3,570.04 4,814.28 5,921.47 MINUS 35% COLLECTION FEE 1.824.97 1.360.43 1.685.71 2.037.47 3,389.46 2,209.61 3,128.57 3,884.00 PLUS SPLIT WITH STATE 3.991.29 3.949.16 4.515.04 4.850.37 TOTAL REVENUE TO LOCALITY 7,380.75 6,158.77 7,643.61 8,734.37 Page 8 d CC) rD X 2010 -11 222? 1>� 200 150 o 100 € 50 0 2022? t' 0 Total Paid ■ Total Timely Payments E Total Referred ❑ Total Collected 88,926 79,250 Juvenile & Domestic Relations District Court 4 -Year Comparison State and Local Fines & Costs 93,895 Total Paid 55,602 47,260 41,988 53,695 Total Timely Payments 121,698 2010 -11 2011 -12 2012 -13 2013 -14 132,910 2010 -11 222? 1>� 2012 -13 2022? t' 88,926 79,250 79,427 93,895 Total Paid 55,602 47,260 41,988 53,695 Total Timely Payments 121,698 166,256 132,910 157,215 Total Referred 33,324 31,990 37,439 40,200 Total Collected 27.38% 19.24% 28.17% 25.57% % Collected IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40022 - 081814. A RESOLUTION authorizing the application and acceptance of the FY 2015 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the United States Department of Justice, Office of Justice Programs, for the Grant pursuant to Section 2 -124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the FY 2015 Bulletproof Vest Partnership Grant in the amount of $11,773 to the Roanoke City Police Department to purchase 47 concealable primary use bullet resistant vests; and $3,297 to the Roanoke City Sheriff's Department to purchase 13 concealable primary use bullet resistant vests. Each department is required to satisfy a 50% local in -kind match. Such grant being more particularly described in the City Council Agenda Report dated August 18, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Justice, Office of Justice Programs in connection with the application and acceptance of the foregoing grant. A T�� A ity Clerk. R- ballistic vests grant.8 -18 -14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40023 - 081814. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2014 -2015 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 2014 -2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff Wearing Apparel - Police Revenues Bulletproof Vest FY15 — Sheriff Bulletproof Vest FY15 — Police 35- 140 - 5916 -2064 $ 3,297 35- 640 - 3801 -2064 11.773 35- 140 -5916 -5916 3,297 35- 640 - 3801 -3801 11.773 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT T: � ity Clerk. To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: FY 2015 Bulletproof Vest Partnership Grant Award Background: The United States Department of justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies. The City of Roanoke has been awarded $15,070 in FY 2015 funding. The Police Department was awarded $11,773 to purchase 47 concealable primary use bullet resistant vests. The Sheriff's Office was awarded $3,297 to purchase 13 concealable primary use bullet resistant vests. The required in -kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget. Recommended Action: Accept the FY 2015 Bulletproof Vest Partnership Grant Award described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $11,773 and the Sheriff's Office in the amount of $3,297, in an account to be established by the Director of Finance in the Grant Fund. ��� Christopher P. Morrill City Manager Distribution: Council Appointed Officers The Honorable Tim Allen, Roanoke City Sheriff R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40024 - 081814. A RESOLUTION authorizing the application and acceptance of the Juvenile Accountability Block Grant ( "Grant ") made to the City of Roanoke, Virginia ( "City "), in collaboration with Carilion Medical Center, dba Carilion Clinic ( "Carilion "), from the Virginia Department of Criminal Justice Services; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such grant funds to the provider agencies for the services provided under the Grant; and authorizing execution of any required documentation on behalf of the City. WHEREAS, by application dated April 29, 2014, the City, in collaboration with Carilion, applied to the Virginia Department of Criminal Justice Services for the Grant; and WHEREAS, by letter dated June 20, 2014, the City was informed that it had been awarded the Grant in the amount of $25,000 in Federal Funds and $2,778 in matching funds for a total award of $27,778. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and ratifies retroactively the City's application, made in collaboration with Carilion, to the Virginia Department of Criminal Justice Services for the Grant pursuant to Section 2 -124 of the Code of the City of Roanoke (1979), as amended, and does hereby accept the Grant in the amount of $25,000, with a local match from the City in the amount of $2,788, for the term beginning July 1, 2014, through June 30, 2015, to be expended on the City of Roanoke's Project Back on Track PLUS, an evidence based treatment program designed in collaboration with the Carilion Clinic Department of Psychiatry and Behavioral Medicine, to reduce the substance use related criminal behaviors of juveniles referred by the courts, professionals or schools, and for such Grant to be further expended on the Screening, Brief Intervention, and Referral to Treatment ( "SBIRT ") program, a program designed to provide learning and lifestyle educational services in connection with Project Back on Track PLUS, in accordance with all the terms, provisions and conditions relating to acceptance of the Grant, as more particularly described in the City Council Agenda Report dated August 18, 2014. 2. The City of Roanoke is authorized to be the primary fiscal agent for the Grant and shall be responsible for distributing the Grant proceeds to the provider agencies for services provided under this grant. 3. The City Manager is hereby authorized to apply, accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such Grant funding, and to execute a contract with Carilion Medical Center, d/b /a Carilion Clinic, to implement Project Back on Track PLUS and SBIRT. All such documents shall be approved as to form by the City Attorney. 4. The City Manager is further directed to famish such additional information as may be required in connection with the City's acceptance of this Grant. -4Z VCityity C 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40025- 081814. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 2014 -2015 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 2014 -2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Fees for Professional Services Transfer to Grant Fund Grant Fund Appropriations Fees for Professional Services Revenues Project Back on Track FY15 Project Back on Track FY15 - Local 01- 630 - 1270 -2010 ($ 2,778) 01- 250 - 9310 -9535 2,778 35- 630 - 5027 -2010 27,778 35- 630 - 5027 -5015 25,000 35- 630 - 5028 -5015 2,778 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: i A640t City Clerk. STATEMENT OF CONFLICT OF INTEREST I DA11 I D f3• i Ri,u k L.P state that I have a personal interest in agenda item 7.a . a regarding `f y T,Aytn, l e Q-c c A titi17-r4 �i a ?v g E_nr It Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this lg"'day of Am DUST- 12014. (SEAL) � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Juvenile Accountability Block Grant - Back on Track PLUS Background: In May, 2014, the City of Roanoke, in collaboration with the Carilion Clinic Department of Psychiatry and Behavioral Medicine, applied to the Virginia Department of Criminal Justice Services under the Juvenile Accountability Block Grant OABG) Program, to fund an evidence -based treatment program designed to reduce youth substance use and youth crime, called Project Back on Track PLUS, and to fund training in SBIRT: Screening, Brief Intervention and Referral to Treatment. Family Service of Roanoke Valley will continue to work with the Carillon Clinic to provide the service learning and life skills education services integral to the evidence -based program model of Back on Track. Referrals are received from the Cities of Roanoke and Salem and the County of Roanoke. Carilion Clinic will oversee the project, directly providing the case management, parent education, and psychiatric services. Both organizations will provide the SBIRT training to approximately 50 youth - serving professionals in the Roanoke community. As the grantee of such funds, the City of Roanoke has received notification of the award in the amount of $25,000 in Federal funds. There is a local funding match requirement for this grant of $2,778, which is appropriated in the Human Services Support budget. These funds must be expended or obligated during the award period of July 1, 2014, thru June 30, 2015. Recommended Actions: Accept the Virginia Department of Criminal Justice Services Juvenile Accountability Block Grant in the amount of $25,000 with the acknowledgement that the City of Roanoke will provide the local match of $2,778, and authorize the City Manager to execute the grant documents substantially similar in form to the attached contract with Carilion Medical Center D /B /A Carilion Clinic (Psychiatry and Behavioral Medicine). All documents shall be approved as to form by the City Attorney. Authorize the City of Roanoke to be the fiscal agent for distribution of the grant monies to Carilion Clinic for services provided pursuant to this grant. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $25,000, transfer the local match funding of $2,778 into the grant fund account, and appropriate $27,778 in Fees for Professional Services in an account to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director, Human /Social Services 2 COMMONWEALTH of VIRGINIA Francine C. Ecker Department of Criminal Justice Services Director June 20, 2014 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Avenue, SW, Rm 364 Roanoke, VA 24011 Title: JABG One -Time Funding Initiative Dear Mr. Morrill: 1100 Bank Street Richmond, Virginia 23219 (804) 786-4000 TDD (804) 386 -8732 I am pleased to advise you that grant number 15- A3163JB11 for the above - referenced grant program has been approved for a total of $25,000 in Federal Funds and $2,778 in Matching Funds for a total award of $27,778. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds, Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GM/Si. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Demian Futterman at (804) 786 -0092. Sincerely, Francine C. Ecker Director Enclosures cc: Ms. Carol Tuning, Human Services Coordinator Ms. Ann Shawver, Director of Finance Mr. Demian Futterman, DCJS Monitor Criminal Justice Service Board • Committee on Training • Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board • Criminal Justice Information Systems Committee w .dcjs.virginia.gov Department of Criminal Justice Services 1100 Bank street, 12th Einar, Rkbmood, VA 23219 Statement of Grant Award /Acceptance Subgrantee: Roanoke City Date: June 20, 2014 Grant Period: Grant Number: From: 07/01/2014 Through: 06/30/2015 15- A3163JB11 Project Director Project Administrator Finance Officer Ms. Carol Tuning Mr. Christopher P. Morrill Ms. Ann Shasvver Human Services Coordinator City Manager Director of Finance City of Roanoke City of Roanoke City of Roanoke 339 Salem Avenue, SW 215 Church Avenue, SW, Rm 364 215 Church Avenue, SW, Rm 461 Roanoke, VA 24016 Roanoke, VA 24011 Roanoke, VA 24011 Phone: (540)853 -1721 Phone: (540)853 -2333 Phone: (540) 853 -2821 Email: carol.tuning@romokeva.gov Email: chris.momll@romokeva.gov Email: Ann.Shawver @romokeva.gov Grant Award Budget Budget Categories DCJS Funds Federal General Special Local TOTALS Travel $0 $0 $0 $0 $0 Supplies /Other $0 $o $0 $o $0 Personnel $0 $0 $0 $0 $0 Indirect Cost $0 $0 $0 $o $0 Equipment $0 $0 $0 $0 s0 Consultant $25,000 $0 $0 $2,778 $27,778 Totals $25,000 1 $0 I $0 $2,778 $27,778 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. � L Francine C. Eckert, /✓Di— rectVOr _— The undersigned, having received the Statement of Grant Award /Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of '20 Signature: Title: PERFORMANCE MEASURES REPORTING FOR PROJECTS USING FEDERAL JUVENILE JUSTICE FUNDS Projects awarded federal funds under the Office of Juvenile Justice (OJJDP) Title Il, Title V, or Juvenile Accountability Block Grant (JABG) funding streams must enter performance measure data into OJJDP's on -line Data Reporting Tool (DCTAT) in accordance with the OJJDP reporting schedule. If a grant is open during any port of an activity period as defined by OJJDP, then data must be entered into DCTAT for that period even if the grant has closed with DCJ5. Because DCTAT is only open for data entry at specific times, recipients may be required to enter data several months after their grant has closed. DCJS will notify funding recipients when DCTAT is open for data entry. Additional information on DCTAT and OJJDP performance measures for each funding program can be found at: www.oiidp- dctat.orgl The DCTAT data entry is in addition to quarterly financial and progress reports required by DCJS. For questions, contact Tracey L. Jenkins, D05, at 804 - 692 -0977. Funding Source Activity Period DCTAT Due Date Juvenile Accountability Block Grant April — March June Title October — September November Title II October — September December STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 12" Floor Richmond, Virginia 23219 Juvenile Accountability Block Grant Federal Catalog Number: 16.523 Subgrantee: Roanoke Grant Number: 15- A3163JB11 Title: JABG One -Time Funding Initiative Date: June 20, 2014 The followinv cnndirinns are attached to and made nart of this Brant award: 1) By signing the Statement of Grant Award/Acceptance, the grantee agrees to comply with all terms, conditions, certifications and assurances that are attached to and made part of this grant award. 2) The Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug - Free Workplace Requirements (2 pages) can be downloaded from the DCJS website at hgp7//www.dcis-virginia.gov/forrns/grants/usdoi.doc. 3) The General Grant Conditions and Assurances, Attachment A (5 pages) can be downloaded at h"7//www.dcis.virpinia.gov/forms/grants/attachLnentA.doc. 4) Prior to obligating and requesting funds, the grantee agrees to submit to DCJS the following documentation: a. Itemized Budget - Instructions for this form can be downloaded at http•/ /www dcis virginia eov / forms / grants /itemizedBudgetlnstructions.pdf and the Itemized Budget form can be downloaded at http7/ /www dcis virginia gov /forms/ r€ ants /grantbud.g.xls. b. Budget Narrative - The Budget Narrative must itemize and justify all proposed expenditures for the requested funding amount. All budget categories on the Itemized Budget form should be addressed and an explanation provided on how all costs were derived. Demonstrate how the expenditure(s) relate to the program and that it is both necessary and reasonable. Provide the total cost for each budget item. Please round to the nearest whole dollar. c. Roster of Advisory Board - The grantee agrees to establish and convene an Advisory Board to recommend a Coordinated Enforcement Plan for how they will use JABG funds. The Advisory Board shall include representation from, if appropriate: 1) the State or local police department; 2) the local sheriffs department; 3) the State or local prosecutor's office; 4) the State or local juvenile court; 5) the State or local probation office 6) the State or local education agency; 7) a State or local social service agency; 8) a nonprofit, nongovernmental victim advocacy organization; and 9) a nonprofit, religious, or community group. Additional representation may be added as deemed appropriate by the State or locality. The roster should include the name and title of each member, mailing address, area code and telephone number, and email address. Units of local government may utilize members of prevention policy boards established pursuant to Section 505(b)(4) of Title V of the JJDP Act to meet the advisory board requirement, provided that each such coalition meets the membership requirements listed above hn / /www dcis virginia gov / forms / juvenile/ JABGLocalAdvisoryBoardMembership .doc. d. Copy of Coordinated Enforcement Plan (CEP) - Each State or local unit of government shall establish and convene an advisory board to recommend a coordinated enforcement plan for the use of JABG funds. The grantee agrees to provide the most recent copy of this plan. e. JABG Allocation Plan -This form should list the total amount of funds for each chosen JABG Program Purpose Area. The JABG Allocation Plan can be downloaded at: httn: / /www.dcw s.virpinia.gov /forms%ouven i le /1 A BGA I I ocationP [an.doc. Letter of Communication Seeking Advice from the Chief Judge of the Juvenile Court — Sample Letter. In the development of the grant application, the State or unit of local governments shall take into consideration the needs of the judicial branch in strengthening the juvenile justice system and specifically seek the advice of the chief of the highest court of the State and where appropriate, the chiefjudge of the local court, with respect to the application. See 42 U.S.C. 3796ee -2(c). Applicants should certify that they have communicated in writing with the judicial branch and should submit a letter with their application. Applicants should provide a narrative describing how they took into consideration the needs of the judicial branch in strengthening the juvenile justice system. htto: / /www.dcis.vireinia.eov /forms /iuvenile /0912 -Juv- JABGSamoleLetter.doc g. Scheduled Audit - The grantee agrees to forward a copy of the scheduled audit of this grant award. Please forward to DCJS — Attention: FINANCE. h. Pooled Funds. If applicable, a cooperative agreement signed by the city manager or county administrator from all localities wishing to pool their JABG funds together should be submitted to DCJS. DCJS will not reimburse grant funds until all the required documentation outlined above is received. Please refer to the accompanying checklist to ensure all required documentation is submitted. 5) The grantee agrees to provide to the DCJS a copy of any policies and programs that are in effect or have been implemented that provide for a system of graduated sanctions. Graduated Sanctions is a system that has as a minimum of the following: 1) Sanctions that are imposed on a juvenile offender for each delinquent offense; 2) Sanctions that escalate in intensity with subsequent, more serious delinquent offense; 3) Sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender; and 4) Appropriate consideration to public safety and victims of crime. The term sanction means tangible, proportional consequences that hold the juvenile offender accountable for the offense committed. A sanction may include counseling, restitution, community service, a fine, supervised probation, or confinement. For grantees that do not currently have policies and programs in effect and have not implemented a system of graduated sanctions, a letter of assurance as to the steps that will be taken over the next year to develop such policies and implement such a system of graduated sanctions as described above should be provided. 6) THE GRANTEE AGREES THAT NOT MORE THAN (5 %) OF FUNDS RECEIVED ARE USED TO PAY FOR ADMINISTRATIVE COSTS. 7) Federal funds may not exceed 90% of total program costs, including any funds that the grantee sets aside for program administration. 8) If a grantee uses funds under Program Purpose Area #2 to construct a permanent juvenile detention or juvenile corrections facility, the grantee must provide at least 50% percent of the total cost of the project. The 50% match applies only to construction costs for a permanent juvenile detention orjuvenile corrections facility. Construction of any other allowed facility or other provisions of Program Purpose Area #2 have the same match requirement as all other program purpose areas. There is a 10% cash match requirement for all other program purpose areas. Federal funds and match requirements do not change the Virginia Department of Juvenile Justice's requirements for construction reimbursement. 9) The grantee agrees to submit such reports as requested by DCJS on forms provided by DCJS, or through the Grants Management Information System (GMIS). Funds from this grant will not be reimbursed, if any required financial or progress report is overdue by more than 30 days unless good cause is submitted for missing the reporting deadline. a. Federal performance indicator reporting is required as part of the DCJS reporting. Data should be reported using the matrixes provided by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), which can be downloaded at: ht tps: / /www.ojldp- dctat.org(help /program logic model.cfm ?grantiD =17. 10) Grant funds are usually disbursed quarterly. Grant and local match funds are expended and/or obligated during the grant period. The final request for funds must be submitted by the 12ih working day after the end of the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to submit to the DCJS a final grant financial report, and return all unexpended grant funds that were received within 90 -days after the end of the grant. 11) By accepting this grant, the recipient assures that funds made available through it will not be used to supplant state or local funds that would, in the absence of this grant, be made available for the same purposes. 12) An amendment to the Allocation Plan as set out in the Statement of Grant Award/Acceptance (SOGA) may be made with prior approval of the local Advisory Board and final approval by DCJS. If an amendment is made to the program purpose areas, then the grantee is responsible for reporting on both the old and new areas. 13) Budget Amendment Requests must be submitted through GMIS by the Project Director, Program Administrator, or Finance Officer, and must be accompanied by the Budget Amendment Form. This Budget Amendment form will serve as the narrative that should be uploaded to GMIS when submitting the request. No more than two such amendments will be permitted during the grant period. The deadline for all budget amendments to be submitted will be 45 days prior to the end of the grant year. 14) Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances —those submitted with the grant application, and those issued with this award —are complied with. 15) Any delegation of responsibility for carrying out grant - funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 16) The grantee agrees to comply with the Virginia Public Procurement Act htto://eva.virginia.pov/l)apesteva- vpoa.htm. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 17) The grantee may follow their own established travel rates if they have an established travel policy. If a grantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. For future reference please refer to the following IRS website for the most current mileage rate: httt)i//www.irs.gov/taxl)ros/article/O,,id=156624.00.htmI Transportation costs for air and rail must be at coach rates. 18) Project Income - Any funds generated as a direct result of DCJS grant funded projects are deemed project income. Project income must be reported on the Subgrant Financial Report for Project Income form provided by DCJS. Instructions for the Project Income form can be downloaded at: hn: / /www.dcis.virpinia gov/ forms / grants /subgrantP'roiectlncomelns tructions.doc. The Project Income form can also be downloaded from the DCJS website at: http: / /www.dc*s.virginia.gov/ forms / grants /subgrantPro4ectlncome.xis. Examples of project income might include service fees, client fees; usage or rental fees; sales of materials; or income received from sale of seized and forfeited assets (cash, personal or real property included). 19) The grantee agrees to comply with all federal and state confidentiality requirements. All grantees receiving funds to conduct research or statistical activities that involve collecting data identifiable to a private person should submit a Privacy Certificate, when required, in accordance with the requirements of 28 CFR Part 22. This requirement can be downloaded at: hhn: / /www.ecfr. eov/cgi- bin/text- idx ?SID= 484ad202fefda5843 f58e860eebaa85 b &node = 28:1.0.1.1.23 &rgn =d iv5 #28:1.0.1.1.23.0.4.6. 20) The grantee agrees to comply with the Department of Justice's requirements of 28 CFR Part 46 - Protection of Human Subjects. These federal requirements can be downloaded at: htto://www.ecfr.eov/cei-bin/text- idx ?SI D= 484ad202fefda5843 f58e860eebaa85b &node = 28:2.0.1.1.4 &ren =div5. 21) The recipient agrees to assist OJJDP in complying with the National Environmental Policy Act (NEPA), and other related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Recipient understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, subrecipient, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (i) listed on or eligible for listing on the National Register of Historic Places or (ii) located within a 100 -year flood plain; c. A renovation, lease, or any other proposed use of a building or facility that will either (i) result in a change in its basic prior use or (ii) significantly change its size; and d. Implementation of a new program involving the use of chemicals other than chemicals that are (i) purchased as an incidental component of a funded activity and (ii) traditionally used, for example, in office, household, recreational, or education environments. 22) The subgrantee agrees that it and all its contractors will comply with the following federal civil rights laws as applicable: • Title V1 of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in the delivery of services (42 U.S.C. § 2000d), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; • The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in the delivery of services and employment practices (42 U.S.C. § 3789d(c)(1)), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D; • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. § 794), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; • Title 11 of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35; • Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities (20 U.S.C. § 1681), and the DOJ implementing regulations at 28 C.F.R. Part 54; • The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services (42 U.S.C. § 6102), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart 1; and • The DOJ regulations on the Equal Treatment for Faith -Based Organizations, which prohibit discrimination on the basis of religion in the delivery of services and prohibit organizations from using DOJ funding for inherently religious activities (28 C.F.R. Part 38). • The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination in both employment and the delivery of services or benefits based on race, color, national origin, religion, and sex in JJDPA - funded programs or activities (42 U.S.C. § 5672(b)). • Section 1407 of the Victims of Crime Act (VOCA), as amended, which prohibits discrimination in both employment and the delivery of services or benefits on the basis of race, color, national origin, religion, sex, and disability in VOCA - funded programs or activities. (42 U.S.C. § 10604). 23) The subgrantee agrees that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 24) Prior to DCJS disbursing funds, the recipient must comply with the following special conditions: a) Submit a revised Itemized Budget and Budget Narrative to equal the award amount: Federal $25,000 and Match $2,778 for a total award of $27,778 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE, THE COUNTY OF ROANOKE, THE CITY OF SALEM, AND AND CARILION MEDICAL CENTER/D /B /A CARILION CLINIC (Psychiatry and Behavioral Medicine THIS MEMORANDUM OF UNDERSTANDING ( "Memorandum ") is made and entered into the First day of July, 2014, by and between the CITY OF ROANOKE, VIRGINIA, COUNTY OF ROANOKE, VIRGINIA, CITY OF SALEM, VIRGINIA (collectively "Localities "), and CARILION MEDICAL CENTER d /b /a Carilion Clinic (Psychiatry and Behavioral Medicine) ( "Carilion Clinic "). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum between the parties is to establish the Localities' and Carilion Clinic's partnership designed to replicate the Project Back on Track evidence -based program in accordance with the Statement of Grant Award Special Conditions for grant number 15- A3163JB11, issued by the Department of Criminal Justice Services to the City of Roanoke and to Carilion Clinic, which Statements are attached to this Memorandum as Exhibit C and D respectively, and incorporated herein, (collectively, the "Grant "). The Juvenile Crime Enforcement Coalition has approved expanding services provided for under the Grant to the Localities. Project Back on Track programming will be implemented by Carilion Clinic in partnership with Family Service of Roanoke Valley and other appropriate area providers of mental health services, the City of Roanoke, City of Salem, and the County of Roanoke for the targeted population as described in the grant #1 5-A3163JB1 1. With this one year of JABG funding, the goal is to engage 25 Roanoke Valley youth (ages 13 - 17) and 25 parents /legal guardians in the Project Back on Track program, during the grant award period of July 1, 2014 through June 30, 2015, as well as provide training to 50 youth serving professionals on SBIRT: Screening, Brief Intervention and Referral to Treatment. Project Back on Track programming will include counseling, service learning, life skills, case management, psychiatry and parenting classes to address a vital community priority: to reduce youth crime and to impact a prevalent cause of youth crime, substance abuse among our youth. Another aim of the project is to impact the problem of disproportionate minority contact. Training on SBIRT will Page 2 aim to equip more professionals to screen for substance use problems among youth and to implement brief interventions or refer for treatment when the disorder is serious enough to warrant more extensive services. ARTICLE II GOALS AND OBJECTIVES The Project Back on Track proposal was written in response to the recent surveys showing the problematic use of substance uses among the city's youth: especially cocaine, marijuana, prescription drugs (opiates), alcohol, ecstasy, and heroin use. Such substance use contributes significantly to youth crime. Substance use in our community exceeds national levels; in the case of cocaine by two times the national level, in the case of heroin by three times the national level, and in the case of methamphetamines and ecstasy by two times the national level. These statistics indicate the need for Project Back on Track, proven to effectively reduce youth substance use across gender and racial differences. During the grant period the project goal is to engage at least 25 Roanoke Valley youth (ages 13 — 17) and 25 parents /legal guardians to achieve the objectives of: (1) avoiding subsequent criminal offenses and (2) preventing further substance use among the youth participants. The outcome objectives of Project Back on Track will be evaluated, incorporating the required performance measures as identified by the Department of Criminal Justice Services. Outcome measures will also be tracked to study the effectiveness of the SBIRT training, as perceived by the participating youth- serving professionals. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. City of Roanoke's obligations: 1. For this Grant, the City of Roanoke serves as the fiscal agent. Funding for the services rendered by Carilion Clinic under this Memorandum is the responsibility of the City of Roanoke. Serving as the fiscal agent for the Project Back on Track partnership project, the City of Roanoke's appropriate financial officer will submit the financial reports following the post award instructions and reporting requirements provided by the Department of Criminal Justice Services in accordance with the scheduled deadlines: October 17`", 2014, January 22, 2015, April 16, 2015 and July 17, 2015. Financial reports must be submitted by the City of Roanoke, even if Carilion Clinic has not incurred any expenditures related to the Project Back on Track program. Page 3 2. Expenses incurred by Carilion Clinic in relation to the Project Back on Track program shall be reimbursed by the City of Roanoke per the Grants' specifications and this Memorandum. In accordance with the Grant Award budget, Carilion Clinic will be reimbursed for expenses incurred including personnel, training and consultation costs, program supplies, and travel as appropriate to provide or purchase the services needed for counseling, family educational events, service learning and psycho - educational life skill sessions with the total amount of purchased services to not exceed $25,000. Requests for reimbursement from Carilion Clinic to the City of Roanoke must be accompanied by copies of receipts and /or invoices specific to this program. Carilion Clinic shall also provide documentation verifying payment of Staff costs. Payment will be made to Carillon Clinic within fourteen (14) days from date of receipt, subject to the approval of the City of Roanoke. The City of Roanoke reserves the right to refuse payment to Carillon Clinic in the event that Carilion Clinic submits a reimbursement request beyond the Grant expiration date. 3. The City of Roanoke shall send referrals of adolescents ages 13 to 17 suspected of needing intensive treatment for a substance use disorder to the Carilion Clinic's Department of Psychiatry and Behavioral Medicine, the Child and Adolescent Section's Project Back on Track. Carilion Clinic shall accept or deny referrals into the Project Back on Track Program in its sole discretion based on capacity and suitability of the program for the referred adolescent. B. County of Roanoke's obligations: The County of Roanoke shall send referrals of adolescents ages 13 to 17 suspected of needing intensive treatment for a substance use disorder to the Carillon Clinic's Department of Psychiatry and Behavioral Medicine, the Child and Adolescent Section's Project Back on Track. Carillon Clinic shall accept or deny referrals into the Project Back on Track Program in its sole discretion based on capacity and suitability of the program for the referred adolescent. The County of Roanoke shall have no responsibility for expenses incurred by Carillon Clinic related to the Project Back on Track program or submission of financial reports under the Grant. Page 4 C. City of Salem's obligations: The City of Salem shall send referrals of adolescents ages 13 to 17 suspected of needing intensive treatment for a substance use disorder to the Carillon Clinic's Department of Psychiatry and Behavioral Medicine, the Child and Adolescent Section's Project Back on Track. Carillon Clinic shall accept or deny referrals into the Project Back on Track Program in its sole discretion based on capacity and suitability of the program for the referred adolescent. The City of Salem shall have no responsibility for expenses incurred by Carillon Clinic related to the Project Back on Track program or submission of financial reports under the Grant. D. Carillon Clinic's obligations: 1. Carillon Clinic will provide or purchase the services of the qualified staff, which staff shall include employees of Carillon Clinic or independent contractors engaged by Carillon Clinic to provide services under this Memorandum (collectively, the "Staff') necessary to implement the Project Back on Track best practice methods for counseling, service learning, psycho - educational skill development, case management, psychiatry, and family education throughout the 2013 -2014 school year, unless the funding situation changes and finances no longer allow for such staffing. Carillon Clinic will also oversee the Screening, Brief Intervention and Referral to Treatment training as described in the Grant. 2. Carillon Clinic will provide the appropriate administration for quality control of Project Back on Track through oversight by a Program Manager, selected by Carillon Clinic. 3. Carillon Clinic will complete the program reports upon the forms required by the Department of Criminal Justice Services, such report form attached to this contract as Attachment "A ", meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the deadline schedule: October 17th, 2014, January 22, 2015, April 16, 2015 and July 17, 2015. 4. Carillon Clinic will complete or cause to be completed criminal background, DMV and child abuse registry checks on the Staff and will not hire or engage to provide services covered under this Memorandum who is convicted of a felony (unless Page 5 excluded by law or pardoned) and /or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All Staff will be required to have a current valid drivers' license and a vehicle with up -to -date inspections and registrations. 5. Carilion Clinic shall require that all Staff comply with the Carilion Clinic's applicable risk management policies and procedures: including any policies and procedures relating to using vehicles with current inspection stickers, buckling up all passengers, locking doors while transporting and avoiding cell phone use while driving and any other procedures Carilion Clinic deems appropriate to promote transportation safety. 6. Carilion Clinic agrees to follow and provide through the Staff the services stated in the Grant project proposal. Such proposal is attached to this contract as Attachment "B" and made a part hereof. 7. No students will go on a field trip unless permission has been obtained from the parent or guardian in advance. 8. No students will complete the evaluation surveys unless parent permission has been obtained from the student's parent or guardian. 9. Carillon Clinic agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services, as presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug -free workplace requirements. ARTICLE IV INSURANCE Carilion Clinic shall obtain and maintain during the life of this Memorandum, the insurance policies required by this Article. Any required insurance policies shall be effective prior to the beginning date of this Memorandum. The following policies and coverage are in place: Page 6 An umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Such coverage shall be accompanied by a certificate of endorsement and furnished by Carillon Clinic to the CITY OF ROANOKE, VIRGINIA, the COUNTY OF ROANOKE, VIRGINIA and the CITY OF SALEM. Carilion Clinic and its subcontractors, if any, involved in this Memorandum shall maintain the following insurance coverages written on an occurrences basis, issued by a company, licensed to transact business in this State or through a program of self- insurance, during the life of this Memorandum, and shall furnish the City of Roanoke, Virginia, the County of Roanoke, Virginia and the City of Salem, Virginia, with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates with respect to the Commercial General Liability coverage and Automobile Liability coverage shall name the City of Roanoke, Virginia, the County of Roanoke, Virginia, and the City of Salem, Virginia, and each of their officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided by Carillon Clinic under this Memorandum. With respect to the Workers Compensation coverage, Carilion Clinic's insurance company shall waive rights of subrogation against the City of Roanoke, Virginia, the County of Roanoke, Virginia, and the City of Salem, Virginia, and each of their officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than Products /Completed Operations). $ One Million Products /Completed Operations Aggregate Limit. $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including liability for Contractual, and Owners and Carillon Clinic Protective). B. Automobile Liability: $ One Million combined single limit C. Workers Compensation and Employers Liability: Page 7 Workers Compensation: statutory coverage for Virginia Employers Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ One Million. E. Proof of Insurance Coverage: 1. Carilion Clinic shall furnish the City of Roanoke, Virginia, the County of Roanoke, Virginia, and the City of Salem, Virginia, with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to each of the Risk Managers of the City of Roanoke, Virginia (at 215 Church Avenue, S.W., Room 506, Roanoke, VA 24011), the County of Roanoke, Virginia (at 5204 Bernard Drive, Roanoke, VA 24018) and the City of Salem, Virginia (at PO Box 869, Salem, VA 24153). ARTICLE V TERM AND EXTENSION OF MEMORANDUM Term, This Memorandum shall be from July 1, 2014 until June 30, 2015, subject to the termination rights of the parties as set forth in this Memorandum. Extension. This Memorandum may be extended for an additional one year term(s) by the written agreement signed by both parties sixty (60) days prior to the end of the current term. ARTICLE VI TERMINATION Page 8 Termination: This Memorandum may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party. ARTICLE VII NOTICE Notice. Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below: To City of Roanoke Designee: Chris Morrill City Manager 215 Church Avenue SW Roanoke, VA 24011 To Agency Representative: Carilion Clinic Mark D. Kilgus, Chairman Dept of Psychiatry and Behavioral Medicine 2017 Jefferson St SW Roanoke, VA 24014 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. ARTICLE VIII INDEMNIFICATION Carillon Clinic agrees to indemnify and hold harmless the Localities and their officers, directors and employees 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 from or arising in any way out of any actions, omissions, or activities of Carillon Clinic or its employees, agents, contractors including Family Service of Roanoke Valley, Family Insight, or Intercept Youth or representatives Page 9 in connection with the performance of Carilion Clinic's obligations under this Memorandum. ARTICLE IX MISCELLANEOUS Compliance with the Law. Carilion Clinic agrees to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum Assignment. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severabilitv. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist upon strict observance of any provision of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governing Law. This Memorandum shall be governed by and construed in accordance with the law of the Commonwealth of Virginia Entire Agreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by the parties. Counterparts. This Memorandum may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all parties, notwithstanding the fact that all Page 10 parties have not signed the original or the same counterpart. The delivery of a copy of a signature via facsimile or PDF shall have the same binding effect as the delivery of an original signature on an original document. Signatures Follow: CITY OF ROANOKE, VIRGINIA BY: Printed Name (SEAL) Title Date: COUNTY OF ROANOKE, VIRGINIA BY: (SEAL) Printed Name Title Date: CITY OF SALEM, VIRGINIA BY: (SEAL) Printed Name Title Date: CARILION MEDICAL CENTER BY: (SEAL) Printed Name Title Date: Attachment "A" Grant Award Letter with DOJ Quarterly Report Form Page 11 Page 12 Attachment 'B" Project Proposal ITEMIZED BUDGET 1. Personnel /Employees DCJS FUNDS APPLICANT MATCH TOTAL me of Emplo Position Titles Annual Salary Rate Hours Devoted FEDERAL STATE CASH IN -KIND IN -KIND a. Individual Consultants Type Hours Devoted: Miles X Rate Per $0 $0 mile X $0 $0 $0 $0 $0 $0 $0 b. Ornanizations and Associations Type: Carillon Clinic services FSRV services SKIRT training Fee: $43 /hr= $10,664 $63 /hr= $12096 8450 /day =$1800 Time 248 hrs 192 hrs 4 days $0 $0 $22,103 $o $2,457 $24,560 $0 $0 $22,103 $0 $2,457 $0 $24,560 c. Consultants' Subsistence and Travel $0 TOTAL b. Fringe Benefits $0 $0 $0 $0 $0 $0 Rate /costs FSRV mileage $243 .42 /mi X 578 mi FSRV $435 $607 $0 FICA % = $678 Carilion mileage $140 .50 /mi X 280 Carilion $2400 $2,290 $0 RETIREMENT $2,540 subtotals Mileage $383 Supplies $2835 1 $0 OTHER Itemize = TOTAL $2,897 $0 TOTAL $0 1 $0 $0 $0 $0 TOTAL CONSULTANTS a +b +c $25,000 $0 TOTAL PERSONNEL A +g $0 1 $0 i $0 $0 $0 2. Consultants (including Travel and Subsistence) DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN -KIND a. Individual Consultants Type Hours Devoted: Miles X Rate Per $0 mile X $0 TOTAL $0 $0 $0 $0 $0 b. Ornanizations and Associations Type: Carillon Clinic services FSRV services SKIRT training Fee: $43 /hr= $10,664 $63 /hr= $12096 8450 /day =$1800 Time 248 hrs 192 hrs 4 days $0 $22,103 $2,457 $24,560 $0 TOTAL $22,103 $0 $2,457 $0 $24,560 c. Consultants' Subsistence and Travel Miles; supplie. Mileage casts mileage rate Program Supplies $0 Rate /costs FSRV mileage $243 .42 /mi X 578 mi FSRV $435 $607 $71 $678 Carilion mileage $140 .50 /mi X 280 Carilion $2400 $2,290 $250 $2,540 subtotals Mileage $383 Supplies $2835 TOTAL $2,897 $0 $321 1 0 1 3,218 TOTAL CONSULTANTS a +b +c $25,000 $0 $2,778 $0 $27,778 3. Travel and Subsistence for Project Personnel DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN -KIND a. Local Milage = No. of Miles X Rate Per mile X $0 Page 1 of 3 dcjs- excel- 12/2001 b. Non Local Milage = No. of Miles X Rate Per mile x DCJS FUNDS APPLICANT MATCH TOTAL $0 c. Subsistence = number of days X rate per day x Quantity Price $0 d. Air or other fares $0 TOTAL INDIRECT COST: $0 TOTAL TRAVEL: $0 $0 $0 $0 $0 ITEMIZED BUDGET Continued 4. Equipment DCJS FUNDS APPLICANT MATCH TOTAL Type Quantity Unit Price Purchase or Rental FEDERAL STATE CASH IN -KIND $0 $0 $0 $0 $0 $0 $0 $0 TOTAL EQUIPMENT: $0 $0 $0 $0 $0 5. Supplies and Other Expenses DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN -KIND Type Quantity Price $0 TOTAL INDIRECT COST: $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL SUPPLIES AND OTHER: $0 $0 $0 1 $0 1 $0 6. Indirect Cost DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN -KIND $0 TOTAL INDIRECT COST: $0 $0 $0 $0 $0 GRAND TOTAL: $25,000 $0 $2,778 $0 $27,778 7. Cash Funds Page 2 of 3 dcis- excel- 12/2001 Cash funds from sources other than grant program supporting this project- (Itemize). Do not add to requested Project Budget Summary accounts.) $2,778 $2,778 Cash match provided by the City of Roanoke = $2778 TOTAL: $2,778 $2,778 Page 3 of 3 dcjs- excel - 122001 Budget Narrative and Itemized Budget for Back on Track PLUS 2014 -2015 Budget Item Itemization Justification Totals Federal Request Local Match Carilion Clinic wraparound case wraparound case management and Adolescent Drug and Alcohol $ 8600 $7740 $860 (FSRV) manager's cost comprehensive assessments: 8 Ins per client and their family (25 Family $43/hr X 200 hrs— $ 8,600 X 8 hours per client) = 200 hours X S43 /Carilion Clinic Service of (purchased services — these hours would not be worked Roanoke otherwise — no supplanting issue) Valley and/or 1 Parent psycho - education Parent Psycho - education /Active Parenting sessions (1 educator): $ 2064 $1858 $206 Carilion specialist 48 hrs (6 parent ed sessions per cohort group;4 times /year - for Clinic $43 /hr X 48 hrs— $2064 the 4 cohorts = 24 sessions; each session X 2 hours) (2 hr X 24 purchased weeks — 48 hrs) X $43/hour for parent educator (Carilion Clinic services for purchased services — hours would not be worked otherwise — Back on no supplanting issue) Track PLUS SBIRT training services SBIRT training services will require the services of both FSRV $1800 $1620 $180 Carilion Clinic SBIRT trainer and Carilion Clinic to train 50 youth serving professionals in $450 /day X 2 days — $900 Screening, Brief Intervention and Referral to Treatment to Family Service of Roanoke Valley enhance identification of youth who have initiated substance trainer ($450/ day X 2 days—$900) abuse ($450 /day X 2 days = $900 X 2 trainers = $1800) Youth Psycho -ed groups for 6 weeks using Active Parenting $3024 $2721 $303 Youth psycho -ed specialists (Families in Action model program) (2 Ins each = 12 hrs) X 4 $63 /hr X 48 Ins— $3024 cohort groups — 48 Ins X $631hour (Family Service of Roanoke Valley -FSRV hours would not be worked otherwise; therefore, no supplanting issue) Wellness promotion (Positive Action) sessions for siblings of Children's psycho -ed specialists youth clients for 6 weeks X 2 hours each X 4 cohort groups = $3024 $2721 $303 $63 X 48 hours = $3024 48 hours X $63/hr — $3024 (FSRV: hours would otherwise not be worked - no supplanting) Service learning for 8 wks (1.5 hr /week) = 12 hrs X 4 cohort $6048 $5443 $605 Service learning specialists (2) groups = 48 hrs X 2 specialists = 96 hrs X $63 /hour (FSRV - $63 /hr X 2 specialists X 48 hrs hours would not otherwise be worked -no supplanting) each = $6048 Subtotal for Purchased services needed to All purchased services from Carilion Clinic and Family Service $24,560 $22,103 $2457 purchased provide Project Back on Track of Roanoke Valley will be qualified as wraparound case services managers, Active Parenting educators, life skills and prevention specialists as needed to implement Project Back on Track during this bridge year while local funding and other sources are secured; all hours are provided by staff (part-time) who otherwise would not work these hours — no supplanting is at issue Supplies Family nights: 75 participants Family Night meals planned for 75 family participants who needed to expected to attend 6 sessions — attend 6 sessions or 450 meals (75 X 6), allocating $3.00 per provide 450 meals X$3.00 /person =$1350 meal =$1350 $1350 $1215 $135 purchased (Food - essential to program model for Family Nights) services (Carillon Clinic will secure supplies for purchased service) from FSRV and Active Parenting Books for parents Parenting psycho- education supplies for 50 Active Parenting Carilion and for youth and certificates and Families in Action program ($18 per participant = $900) Clinic notebooks ($18 each X 50 (Carillon Clinic will secure supplies for parent ed services) $ 900 $810 $90 participants) = $900 Service learning and psycho- Service learning and psycho - educational supplies for each youth $210 $187 $23 educational supplies for youth at $8.40 /youth X 25 = $210 (Family Service of Roanoke Valley will secure the service learning supplies) Psycho - ed/wellness program $225 $203 $22 supplies for youths' siblings Supplies for siblings' Positive Action program X 25 children at $9 per child = $225 (Family Service of Roanoke Valley) Supplies for SBIRT trainings 50 participants X $3 /folders SBIRT training materials needed by consultants (FSRV and $150 $135 $15 Carilion Clinic) ($3 X 50 participants = $150) Travel costs .42 mile is reimbursement rate for Staff transport clients to service learning sites = 32 trips X 18 $243 $217 $26 of 578 miles for FSRV to take youth miles per trip + 2 mi to attend service learning recognition consultants to service learning = $243 meeting = 578 miles X $.42 = $243 (FSRV) .50 is reimbursement rate for Carilion case manager for 8 mi per Carilion wraparound case manager will travel to meet families at $140 $130 $10 week for 35 weeks (280 miles) = court, school, social work meetings and will transport youth to .50 /rate X 8 X 35 = $140 necessary services at 8 miles/ week on average about 35 weeks of the year:.50 /mile rate X 8 mi X 35 weeks = $140 Subtotal Supplies and travel costs for Adding travel and supply costs across FSRV and Carilion Clinic $3218 $2897 $321 consultants for Back on Track PLUS Project Total for purchased services for Requested amount: $25,000 - purchased services $27,778 $25,000 $2,778 Total Back on Track PLUS Matched funding: $ 2,778 -cash match Total budget: $27,778 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40026 - 081814. A RESOLUTION accepting the Hazard Mitigation Assistance Program grant made to the City from the Virginia Department of Emergency Management upon certain terms and conditions, and authorizing the City Manager to execute any required documentation on behalf of the City in order to accept the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Hazard Mitigation Assistance Program grant made to the City from the Virginia Department of Emergency Management in the amount of $175,309, with a local match from the City in the amount of $58,437, to be expended on the City of Roanoke's Floodplain Mitigation Project, which was authorized by City Council by Resolution No. 39760- 091613, on September 16, 2013, upon such terms and conditions, as more particularly described in the City Council Agenda Report dated August 18, 2014. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding, and to execute the Hazard Mitigation Assistance Program Grant Agreement in order to implement the program. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. • W��J1! R- Hazard Mitigation Assistance Program gran1.8.18.14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40027- 081814. AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management (VDEM) Pre - Disaster Mitigation Grant for the Floodplain Mitigation Project, amending and reordaining certain sections of the 2014 -2015 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 2014 -2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Professional Fees Demolition Environmental Review Services Property Purchase Regular Employee Salaries FICA Revenues Floodplain Mitigation FY15 - State Floodplain Mitigation FY15 - Local 35- 530 - 8182 -2010 $ 2,200 35- 530 - 8182 -5108 30,000 35- 530 - 8182 -5565 4,000 35- 530 - 8182 -9050 186,415 35- 530 - 8182 -1002 10,340 35- 530 - 8182 -1120 791 35- 530 - 8182 -8182 175,309 35- 530 - 8182 -8183 58,437 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ci y Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: City of Roanoke Floodplain Mitigation Project - Accepting Federal Emergency Management Agency (FEMA) Award of Hazard Mitigation Assistance Program Funds, Authorizing Execution of the Hazard Mitigation Assistance Program Grant Agreement, and Appropriation of Funds Background: On September 16, 2013, by Resolution No. 39760 - 091613, City Council authorized submitting applications to FEMA, through the Virginia Department of Emergency Management (VDEM), for a Pre - Disaster Mitigation Grant for the City of Roanoke Floodplain Mitigation Project in order to acquire and demolish homes in the Meadowbrook Road area of the City which are prone to flooding. A local match of 25% is required for this Grant. The City of Roanoke Floodplain Mitigation Project will consist of the acquisition and demolition of two properties in the FEMA floodway. The properties will be converted to open space in perpetuity as required by the terms of the Grant. Considerations: The Virginia Department of Emergency Management notified City staff that the City of Roanoke Floodplain Mitigation Project had been approved to receive an award of $175,309 from the Hazard Mitigation Assistance Program (HMAP). This award will require the City of Roanoke to provide a local match in the amount of $58,437, for a total project cost of $233,746. Recommended Action: Accept the VDEM grant award in the amount of $175,309 for the City of Roanoke Floodplain Mitigation Project as set forth above, with the City providing local match funding in the amount of $58,437. Authorize the City Manager to execute the Hazard Mitigation Assistance Program Grant Agreement similar to the one attached to this City Council Agenda Report. Such Agreement shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds in the amount of $175,309 in Hazard Mitigation Assistance Program grant funds, together with $58,437 in City matching funds for the City of Roanoke Floodplain Mitigation Project as referred to above. The form of all such other documents to be approved by the City Attorney. Adopt the accompanying Budget Ordinance to: 1. Establish a revenue estimate for the HMAP grant funds and appropriate funding in the same amount to expenditure accounts within 35 -530- 81 82, City of Roanoke Flood Mitigation Project. 2. Transfer the required City match amount of $58,437 from 35- 300 -9700- 5415, Local Match Funding for Grants, to the Project account 35 -530- 8182-81 83, City of Roanoke Flood Mitigation Project. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Dwayne D'Ardenne, CGM, PWM, Stormwater Division Manager COMMONWEALTH of VIRGINIA JEFFREY U STERN Department of Emergency Management 10501 Trade Court State Coordinator North Chesterfield'Arpinu 23236-3713 (804) 897 -ESM CURTIS C BROWN (TOO) 674 -2417 Chief Deputy Coord,nalor FAX (804) 8976506 BRETTA BURDICK Deputy Coordinator Hazard Mitigation Assistance Pruernm Grant Agreement PDMC -03 -VA 2013 rhis Agreement is made as of this 151h day of July, 2014 by and betnvccn the Virginia Department of Emergency Management, hereinafter called "VDEM," and the Cit) of Roanoke herein after called the "Sub - grantee." The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein. agree as follows- (1) GENERAL PROVISIONS: This Agreement is a sub -grant award of federal funds from VDEM to the sub - grantee. VDEM has received a grant from the Department of Homeland Security Federal Emergency Management Agency Hazard Mitigation Assistance Program, Catalog of Federal Domestic Assistance Number 97.047. The sub - grantee shall implement the project as set forth in the grant Agreement documents. Ihese documents consist of; (1) Executed Grant Agreement; (2) Scope of Work, Attachment A; (3) Project Budget, Attachment B; (4) Milestone Table, Attachment C; and (5) Grant Assistance Agreements and VDEM -FEMA General Temts and Conditions and Assurances; Attachment D State agencies acting as the sub - grantee shall report all federal funds received as part of this Agreement as federal pass -thru funds on their agency's Schedule or Federal Assistance. Nothing in this Agreement shall be construed as authority for either party to make commitments, which will bind the other party beyond the Scope of Wort: contained herein Furthermore, the sub - grantee shall assign, sublet, or subcontract any work related to this Agreement or any interest it may have herein with full compliance with federal and state procurement regulations. the schedule of service set forth in the Scope of Work and Milestone Table shall be deemed to have been consented to, as required by the preceding sentence, upon the execution of this Agreement by VDEM (2) SCOPE OF WORK: The sub - grantee shall provide the service to VDEM set forth and summarized in the Scope of Work (Attachment A) and Milestone Table (Attachment Q. All dclivembles shall conform to accepted standards and practices. If there is any change in the original Scope of Work, a formal request must be made to VDEM for review and approval prior to implementing the change.l -hese attachments are consistent with the original VDEM -FEMA (Federal Emergency Management Agency) grant project application. The sub - grantee shall provide VDEM with quarterly reports and a final report on the progress of work set forth in the Scope of Work. The quarterly reports and final report shall contain the following components: (1) a narrative describing in detail the progress of the sub - grantee in fulfilling the provisions of the Scope of Work; (2) Reimbursement Requests as needed that itemize the expenses incurred by the sub - grantee, including separate columns for the federal. slate, and the sub - grantee's matching contribution to the total cost of services as reflected in the Project Budget- Attachment D; and (3) the schedule of specific project tasks with target completion dates and actual completion dates (Milestone Table - Attachment C). The first quarterly report is due to VDEM at the end of the first complete quarter following the award of the grant. Reporting Period Report Due to VDEM January I March 31 no later than April 15 April t June 30 no later than July 15 July I September 30 no later than October 15 October I - December 31 no later than January 15 (3) TIME OF PERFORMANCE The services of the sub - grantee shall begin on the date of sub - grantee's signature of this document and terminate on 1 -09 -2016 unless otherwise altered through provisions of this Agreement or extended by written authorization of VDEM Requests for time of performance extension must be received in writing by VDEM within 75 days of termination date with reasons for requested time of performance extension and a revised Milestone Table — Attachment C. All time limits stated are of essence of this Agreement. All funds must be obligated no later than the project completion date. The final request for reimbursement must be received no later than 60 days after the completion date for the project. (4) COMPENSATION The total grant award from VDEM $233,746 provided through the Hazard Mitigation Grant Program. Disaster 4072, Severe Storms and Straight Line Winds. FEMA shall provide funds for the project identified in the Scope of Work (Attachment A) totaling $175,309. The sub - grantee agrees to provide a match in the amount of $58,437. The sub - grantee is aware of and shall comply with cost - sharing requirements of federal and state mitigation grant assistance; specifically that federal assistance is limited to 75% of eligible expenditures, and the sub - grantee shall provide from the sub - grantee's funds 25% of eligible costs. The non - federal funds must be from a non - federal funding source and can be completely fulfilled by in -kind services as long as financial records document them as such VDEM shall release the grant award to the sub - grantee on a cost - reimbursement basis upon receipt and approval of the sub - grantee's quarterly and final reports and deliverables as required by this Agreement or at other times agreed to by VDEM. Any cost overruns incurred by the sub - grantee during the time of performance shall be the responsibility of the sub- granlee.'I'lie sub - grantee shall spend the funds according to the specified categories of the contract budget. The sub- grantee shall use mitigation grant funds solely for the purposes for which these funds are provided and as approved by Ff MA and VDEM General policies for determining allowable costs are established in 44 Code of Federal Regulations (CFR), Part 13.22 (included in Attachment D) and the appropriate OMB circulars that identify cost principles for different kinds of organizations Minor shifts of the funds among categories by the sub - grantee, not to exceed 10% of on) budget line item are permissible, but in no case can the total expenditures exceed the amount provided by this contract. Shifts in funds exceeding 10' among budget line items must be approved in writing by VDEM. (5) ASSISTANCE: VDEM agrees upon request of the sub - granite to famish, or otherwise make available to the sub - grantee, copies of existing non - proprietary materials in the possession of VDEM that are reasonably related to the subject matter of this Agreement and are necessary to the sub - grantee for completion of its performance under this Agreement. VDEM Recovery and Mitigation Division staff will provide technical support to the sub - grantee and make periodic site visits to monitor progress (6) ACKNOWLEDGEMENTS: The role of the Virginia Department of Emergency Management (VDEM) and the Federal Emergent} Management Agency (FEMA) must be clearly stated in all press releases, news articles, requests for proposals, bid solicitations, and other documents describing this project, whether funded in whole or part. Acknowledgement of financial assistance, with VDEM and FEMA logos, must be printed on all reports. studies, web sites, and other products (including map products) supported, in whole or in part, by this award or any sub - award. The sub - grantee is responsible for contacting VDEM stafTin adequate time to obtain the logo in camera -ready or digital form. The final draft must be approved by VDEM staff prior to production. The acknowledgement should read as follows: This report ams funded by the Federal Fmergency Management agency through the Virginia Department ofFmergenc.tManagement via grant Agreement nunber PDMC- 03 -11.4 -2013 for 5233.'46 (7) CREATION OF INTELLLCfUA1. PROPERTY: To the extent that lire copyright to nay copyrightable material created pursuant to this Agreement is owned by the sub - grantee and or the sub - grantee is empowered to license its use, VDEM agrees to grant to the sub - grantee, and hereby does grant to the sub - grantee, a license to use the materials so owned for public, not - for - profit purpose within the territory of the Commonwealth and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of acknowledging or implementing such license A copyright notice shall be placed in an appropriate location on any copyrightable material being distributed or published. Such notice shall include (1) either the symbol "C "', the word "Copyright ", or the abbreviation "Copr.'; (2) the year of first publication, and (3) the name of the copyright owner (the Commonwealth of Virginia). rhis information shall be followed by the words, "all rights reserved." (g) STRUCTURAL MITIGATION REQUIREMENTS: Specific requirements must be adhered to for structural mitigation projects such as structural relocation. property acquisition and demolition, and stmctuml retrofitting or improvement as detailed in Attachment D. These requirements can include deed restrictions, operation and maintenance plans, and insurance requirements, as dictated by the specific grant and project requirements. (9) BREACH AND TERMINATION: In the event of breach by the sub - grantee of this Agreement, V DEM shall provide written notice to the sub - grantee specifying the manner in which the Agreement has been breached. If a notice of breach is given and the sub - grantee has not substantially corrected the breach within 60 days of receipt of the written notice, VDEM shall have the right to terminate the Agreement. The sub - grantee shall be paid for no service rendered or expense incurred after receipt of the notice of termination, except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its work under the Agreement Termination of this Agreement can occur as an effect of one of two results: First, as a result of the proper completion and closeout of this project. Second, termination may occur as a result of Terutinarion for Convenience or other termination as allowed or required by 44 CFR For projects, which cannot be completed as described in the FEMA- approved grant project application and the Scope of Work Attachment, herein. Communication of this decision and information related to the project termination will be provided to the sub - grantee in coordination with FEMA through registered mail. IN WITNESS THEREOF the parties have caused this Agreement to be executed by the following duly authorized officials- Sub-grantee: Grantor: Hampton Roads Planning District Virginia Department or Emergency Management Commission By: By Date Date: Authorized Sub- grantee Signatory State Coordinating O icer Attachment A PDMC -03 -VA -2013 Project Scope of Work Project Sponsor: City of Roanoke Project Title: City of Roanoke Floodplain Mitigation Project Project Description from VDENI -FEMA HMGP application. The City of Roanoke has chosen to focus on structures within the floodway along Meadowbrook Road. Residents along this street have reported significant flooding recently and often in the past. Some residents have reported that emergency personnel evacuates this area at least once or twice a year to protect residents from rising flood waters . As a result, many homeowners in this area have contacted the City about opportunities to mitigate the flooding problems they have experienced By purchasing the properties and removing any structures on each property, the risk for all flood damages are eliminated. The property will no longer need to be insured and no future claims will be filed for these properties. The City would also save time and money in not having to respond to calls for help and emergency assistance at these properties. In addition, the absence of structures in the floodway and floodplain will allow for floodwaters to flow unobstructed during high flow events, minimizing flooding in adjacent areas. These properties will he converted to open space Attachment B PDMC -03 -VA -2013 Project Budget Project Awarded Budget — Funding Source HNIGP: Federal Project Funds - HMGP $175,309.00 Local Match S 58,437.00 Total Project Costs S233,746.00 Project Budget from VDEM -FEMA HMGP application T ACTIVITY TOTAL COST +NUMBER +COST Acquisition of 2 Properties S 186,415.00 S 186,415.00 I j Title Search and Appraisals 2,200.00 2,200 00i Demolition or 2 Properties 1 30,000.00 30.00000 Fnvironmental Screening 4,00000 , 4,00000 '.. Project Management 11.13100 11,13100] t j { TOTAL COSTS S 233,746.00 Attachment C PDMC -03 -VA -2013 Project Milestones Title search 90 DAYS 60 DAYS City of Roanoke I Certified appraisals of properties 150 DAYS 120 DAYS City of Roanoke -M�I I lomeowner decision 360 DAYS 120 DAYS City of Roanoke Soil Stabiliruttion and seeding 690 DAYS 90 _ DAYS City of Roanoke Deed restrictions recorded 780 DAYS 110 DAYS ry City of Roanoke Demolition of properties 600 DAYS 90 DAYS City of Roanoke Project closeout _ 490 DAYS 90 DAYS City of RoanokeVDEM Mitigation offer to property 270 DAYS 90 DAYS City of Roanoke owners Acceptance of grant from I DAYS 90 DAYS City of RoanokeNDEM VDEM _ Closing on properties mu 480 DAYS 120 DAYS City of Roanoke Estimate the total duration of the proposed activity: 3 YEARSw M3 "Working to Protect People, Property and Our Communities" Attachment D HMGP4072 -001 Administrative Requirements and Guidance Federal Administration and Guidance Documents: O LIB Circular A -199 AUDITS OFSTA TES, LOCAL GOVERNMENTS, AND NON - PROFIT OR GAN17-A TIONS 44 CFR 13 UNIFORMADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVEAGREEMENTSTOSTATEAND LOCAL GOVERNMENTS as CFR Part 101 MITIGATION PLANNING 11'.LLI, PDW and H LIGP planning projects anAj as CFR Part 106 Subpart N HAZARD AIITIGATIOtV GRANT PROGRAAI CATE,P documentation (inhere required) S ructaral Alingalion Project Requirements (wi here required) `• Working to Protect People, Property and Our Contnarnilies" C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40028- 081814. AN ORDINANCE to appropriate funding from Virginia Department of Transportation for the purpose of Street Maintenance and Snow Removal, amending and reordaining certain sections of the 2014 -2015 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 -2015 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Fees for Professional Service Chemicals Expendable Equipment Revenues Street Maintenance Capital Projects Fund Appropriations Appropriated from Third Party Revenues VDOT Capital Street Paving FY15 01- 530 - 4110 -2010 $ 100,000 01- 530 - 4140 -2045 275,000 01- 530 - 4140 -2035 25,000 01- 110 - 1234 -0650 400,000 08- 300 - 9508 -9004 1,095,825 08- 300 - 9508 -9510 1,095,825 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Q6?tCity Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Appropriation of Additional Street Maintenance Funding Background: In February 2013, the City of Roanoke requested that the Virginia Department of Transportation (VDOT) add a number of City streets to the state's inventory for street maintenance that had not been previously included for street maintenance reimbursement. After a lengthy review, VDOT has accepted approximately 69 lane -miles of new City streets into the inventory. With the increase in the number of lane -miles in the inventory, the City will benefit from an increase in the amount of annual state maintenance payments. The annual increase in funding from VDOT is estimated to be $737,774 in Fiscal Year 2015. Additionally, VDOT has indicated that because of the lengthy review, the state will reimburse the City retroactively at the FY14 rates for the additional lane- miles. The amount of the retroactive payment to be received is $758,051. An anticipated total of $1,495,825 will be received above the adopted Fiscal Year 201 5 budget. Considerations: This additional funding will be used to address street paving, sidewalk maintenance, and snow removal needs. Funding in the amount of $1,095,825 will be used to increase available funding for the Fiscal Year 2015 paving contract and for various pavement rehabilitation techniques. Funding in the amount of $100,000 will be used to increase available funding for sidewalk maintenance needs. Funding in the amount of $300,000 will be used to purchase salt and equipment related to snow removal operations. City Council action is required to appropriate this increase of VDOT funds. Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate in the amount of $1,495,825 and appropriate the funding in the amount of $1,095,825 to the FYI Street Paving account 08- 530 -9508, appropriate $100,000 to the Street Maintenance operating account 01- 530 - 4110 -2110, appropriate $275,000 to the Snow Removal Chemicals account 01- 530 -4140- 2045, and appropriate $25,000 to the Snow Removal Expendable Equipment account 01- 530 - 4140 -2035. �I.ZE(J'].Ali_! 1L- �m111Wr/ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Robert K. Bengtson, Director of Public Works 2 ct� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (54(1) 853 -2541 Pax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-mail: clerk(a roanokeea.gor City Clerk August 19, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: JONATHAN E. CRAIT I', CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Resolution No. 40029 - 081814 authorizing issuance anc execution of additional Amendments to the City's contract with MMM Design Inc., in an amount up to $235,231.00, for additional professional engineering services for Phase II of the Fiscal Year 2015 Curb, Gutter, and Sidewalk project; and to implement, administer and enforce such amendments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014. Surely,,. /i Cecelia T. Webb, CMC Assistant City Clerk Enclosure PC: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40029 - 081814. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with MMM Design Group, Inc., in an amount up to $235,231, for additional professional engineering services for Phase 11 of the Fiscal Year 2015 Curb, Gutter and Sidewalk project; and authorizing the City Manager to implement, administer, and enforce such Amendments. BE IT RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with MMM Design Group, Inc., in an amount not to exceed $235,231, for additional professional engineering services for Phase II of the Fiscal Year 2015 Curb, Gutter and Sidewalk project, all as more fully set forth in the City Council Agenda Report dated August 18, 2014. 2. Such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract, and the total amount of such Amendments will not exceed an additional $235,231, including an initial Amendment for the additional professional engineering services in an amount of $205,231, all as set forth in the above Report. R - MMM Design Comma Amendment 8.18.14.doc 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself, with any such documents to be approved as to form by the City Attorney. ATTEST:: /{�ity Clerk. R - MMM Design Contact Amendment 8.18.14.doe 2 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Amendment to Contract with MMM Design Group, Inc. for Engineering Services for FY 2015 Curb, Gutter and Sidewalk Project Background: The City entered into a Contract with MMM Design Group, Inc. dated March 3, 2014, to perform professional engineering services for Phase I of the Fiscal Year 2015 Curb, Gutter and Sidewalk project. The engineering design services for Phase I included, but were not limited to, surveying, public meetings, programming and conceptual design, stormwater management, construction plans, cost estimates, utility coordination and technical specifications for ten (10) project locations. The fee for Phase I was $101,678. Considerations: The City desires to exercise its option to have MMM Design Group, Inc. provide additional, similar services associated with Phase II as permitted under the Contract. MMM Design Group, Inc. has submitted a proposal for a Contract Amendment for Phase II for an additional fee of $205,231. Phase II provides for engineering design services for an additional ten (10) project locations and includes, but is not limited to, schematic design, field survey, public meetings, programming and conceptual design, stormwater management, construction plans, cost estimates, utility coordination, technical specifications, and any other work deemed necessary. Phase II services include sites with more complexity than were completed under Phase I with larger stormwater implications and greater public involvement. In addition to the above fee, other project expenses connected with the engineering design services may involve encountering unexpected conditions that may necessitate MMM Design Group, Inc. providing services over and above those stipulated above. Therefore, future amendments may be needed to the Contract with MMM Design Group, Inc. to perform additional services as the project develops. However, the total of such other amendments is not expected to exceed an additional $30,000 over and above the previously mentioned $205,231, for total Contract Amendments not to exceed $235,231. Funding is available in the project account 08- 530 -9605, Citywide Curb, Gutter and Sidewalk, FY 15. Recommended Action: Authorize the City Manager to execute additional amendments as mentioned above, approved as to form by the City Attorney, to the City's Contract with MMM Design Group, Inc. in an amount not to exceed $235,231 for additional professional engineering services, including an Amendment for $205,231 as set forth above. Authorize the City Manager to take such actions and to execute such documents, approved as to form by the City Attorney, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned Contract with MMM Design Group, Inc. P.C., as well as the Contract itself. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer 2 S'ITPIIANIG M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone. (540) 853 -2541 l7as: (5411)853 -1145 E-mail: clerk(a roanokeva.gov August 19, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: JONATHAN E. CRAFT, C'MC Deputy City Clerk CECELIAT. WlinB, CHIC Assistant Cily Clerk I am enclosing copy of Budget Ordinance No. 40030 - 081814 to appropriate funding from the Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014, and is in full force and effect upon its passage. Sinc rely, Cecelia T. Webb, CMC Assistant City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40030 - 081814. AN ORDINANCE to appropriate funding from the Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014 -2015 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 2014 -2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplemental Pay Forest Park Supplemental Pay Fleming Social Security Social Security Medical /Dental Medical /Dental Educational Supplies Educational Supplies Instruction - Teacher Payment of Joint Operations Revenues State Grant Receipts State Grant Receipts 302- 110 - 0000 - 1304 -309J- 61100 - 41129 -3 -01 $ 13,129 302 - 110 - 0000 - 0400 -309J- 61100 - 41129 -3 -01 13,129 302- 110 - 0000 - 1304 -309J- 61100 - 42201 -3 -01 1,004 302 -110 -0000- 0400 -309J- 61100- 42201 -3 -01 1,004 302 - 110 -0000- 1304 -309J- 61100- 42204 -3 -01 2,489 302 - 110- 0000 - 0400 -309J- 61100 - 42204 -3 -01 2,489 302 - 110 - 0000 - 1304 -309J- 61100 -06614 -3 -01 195 302- 110 - 0000 - 1304 -309J- 61100 - 46614 -3 -01 195 302 -191- 1302 - 0553 -325H- 61100 - 41121 -3 -02 (80) 302- 191 - 1302- 0553 -325H- 61100 - 47701 -9 -02 44,088 302 - 000- 0000 - 0000 -309J- 00000 - 32418 -0 -00 33,634 302 - 000 - 0000 - 0553 -325H- 00000- 32272 -0 -00 44,008 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: kf City Clerk. August 18, 2014 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, August 12, 2014, the Board respectfully requests that City Council approve the appropriation requests below: New Appropriation Award Project Graduation Summer Academy 2014 $33,634.00 Revised Appropriation Additional Award Regional Alternative Education 2013 -14 $44,008.00 On behalf of the School Board, thank you for your consideration. Sincerely, "-vt.Q„,l Cindy H. Poulton Clerk pc: Dan Callaghan Chris Morrill Barbara Dameron Todd A. Putney Rita D. Bishop Bruce Biser Acquenatta Harris (w /details) ROANOKE CITY PUBLIC SCHOOLS Strong Stud enN. Strong Schools. Strong CIty. School Board Todd A. Putney Chairman Suzanne P. Moore Vice Chairman William B. Hopkins, Jr. Mae G. Huff Annette Lewis Lori E. Vaught Richard Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcpsAnfo CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: School Board Appropriation Request Background: As the result of official School Board action at its August 12, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Project Graduation Summer Academy 2014-15 grant of $33,364 provides funds for high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed the class but failed the associated SOL exam. The grant will be fully reimbursed by state funds and will end August 31, 2014. The Regional Alternative Education Program 2013 -14 grant of $44,008 provided funds for students who were academically delayed and provided the opportunity to participate in an accelerated academic program. This is an adjustment to actual as the original award was based on a preliminary number. The program will be fully reimbursed by state funds and ended June 30, 2014. This is a continuing program. 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. d),,/aQ u' -Z Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 STEPt1ANIE M. MOON REYNOLDS, MMC E -mail elerk(n)roanokeva.gov City Clerk JONATBAN E. CRAFT, CMC Deputy City Clerk August 19, 2014 9 CECELIA T. WEBB, CMC Assistant City Clerk Ssunny Shah 5848 Old Locke Court Roanoke, Virginia 24018 Dear Mr. Shah: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were appointed to replace Brownie Polly as a member of the Roanoke Civic Center Commission for a three -year term of office commencing October 1, 2014 and ending September 30, 2017. Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member to the Roanoke Civic Center Commission. r' Sinq� I Ge4fa T CMC Assistant City Clerk Enclosures PC: June Woodward, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Ssunny Shah was appointed to replace Brownie Polly as a member of the Roanoke Civic Center Commission for a three -year term of office commencing October 1, 2014 and ending September 30, 2017. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. i Assistant City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Pus: (540) 853 -1145 ti'I7?PIIANIE M. MOON REYNOLDS, MNiC City Clerk August 19, 2014 Landon C. Howard 6123 Flamingo Drive Roanoke, Virginia 24018 Dear Mr. Howard: JONA'1'IIAN L. C RAVU, CMC Deputy City Clerk CEC'EIJAT. WEBS, CMC Assistant City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2017. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member to the Roanoke Civic Center Commission. Sincei �y,, ,f Ceceti� Webb, CMC Assistant City Clerk Enclosures pc: June Woodward, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Landon C. Howard was reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2017. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. Assistant City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "Telephone: (540) 853 -2541 Fax: (540) 853 -1145 S I EPIIANIE M. MOON REYNOLDS, MMC E -mail derkavroatmkeva.gov JONATHAN E. CRAMT, CMC City Clerk Deputy City Clerk August 19, 2014 CECELIAT. WERR, CMC g Assistant City Clerk Thomas Pettigrew 1301 Greenlane Road, N. W. Roanoke, Virginia 24017 Dear Mr. Pettigrew: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2017. Enclosed you will find a Certificate of your reappointment and an Oath or 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member to the Roanoke Civic Center Commission. f � Sincer ) / 7'1/ 1 ; Cecelia T. Webb, CMC Assistant City Clerk Enclosures pc: June Woodward, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Thomas Pettigrew was reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2017. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. issyls/tant CitytClerk STEPHANIE M. MOON REYNOLDS, MMC City Clerk Rick D. Clark 5819 Fieldview Drive Roanoke, Virginia 24019 Dear Mr. Clark: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(alroanokeva.gov August 19, 2014 JONA'rl1AN E. C'RAFI', CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were appointed to replace Kenny Garrett (law enforcement) as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2017. Enclosed you will find a Certificate of your appointment and an Oath or Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Rick D. Clark August 19, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Towing Advisory Board. Sinc rely, Cecelia T. Webb, CMC Assistant City Clerk Enclosures pc: Timothy Meadows, Secretary, Towing Advisory Board, 3129 Garden City Boulevard, Roanoke, Virginia 24014, w /application Timothy Spencer, Senior City Attorney COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Rick D. Clark (law enforcement) was appointed to replace Kenny Garrett (law enforcement) as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2017. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. Lam, Assistant City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (5411) 853 -2541 Fax: (5411) 853 -1145 E-mail: clerk(wroanokeva.gov STEPHANIE M. MOON REYNOLDS, MMC City Clerk August 19, 2014 Antwyne U. Calloway 2903 Clarendon Avenue, N. E. Roanoke Virginia 24012 Dear Mr. Calloway: JONATHAN E. CRAF r, CMC Deputy City Clerk CEC'ELIA 1'. WEBB, CMC Assistant City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were appointed to replace Braxton Naff as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2017. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Neighborhood Advocates. / Singe,e( g j P t a T. Webb, CMC Assistant City Clerk Enclosures PC: Robert Clement, Jr., Neighborhood Coordinator COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Antwyne U. Calloway was appointed to replace Braxton Naff as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2017. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. r/ ;C i Absistant City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "1'elephone: (540) 853 -2541 Fax: (540) 853 -1145 ti1 7SPIIANIF. M. MOON REYNOLDS, MMC City Clerk August 19, 2014 Andrew J. Anguiano 3237 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Anguiano: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 18, 2014, you were appointed to fill the unexpired term of Adam Boitnott as a Commissioner to the Roanoke Redevelopment and Housing Authority ending August 31, 2016. Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Andrew J. Anguiano August 19, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a Commissioner to the Roanoke Redevelopment and Housing Authority. Sincerely,. i Cecelia T. Webb, MMC City Clerk Enclosures PC: Glenda Edwards -Goh, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 COMMONWEALTH OF VIRGINIA ) ) To -wit: CITY OF ROANOKE ) I, Cecelia T. Webb, Assistant City Clerk, and as such Assistant City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of August 2014, Andrew J. Anguiano was appointed to fill the unexpired term of Adam Boitnott as a Commissioner of the Roanoke Redevelopment and Housing Authority ending August 31, 2016. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2014. Assistant City Clerk ., CITY OF ROANOKE Art t OFFICE OF THE CITY CLERK -t: 215 Church Avenue, S.W, Suite 456 Roanoke,Virginia 24011-1536 -- 'Telephone: (540)853-2541 Fax: (540)853-1145 SEPIIANIE M.MOON REYNOLDS,MMC E-mail: cterk(nroanokeva.l;°v T JONA'Tl1AN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA'T.WEBB,CMC Assistant Deputy City Clerk October 22, 2014 Andrew J. Anguiano 3237 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Anguiano: Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish Directors of the Economic Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the City Clerk's Office as soon as possible since the State statute requires that the form be filed prior to attending your first meeting. Failure to do so shall be considered a violation of Section 2.2-3120, Code of Virginia (1950), as amended, which may result in being charged with a Class 1 or Class 3 misdemeanor. Please do not hesitate to contact me should you have questions or need assistance. Sincerely, Stephanie M. Moon Re ds, MC City Clerk Enclosure pc: Glenda Edwards Goh, Secretary, Roanoke Redevelopment and Housing Authority, Board of Commissioners, do 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 c .....a. ,.,... ,.w......... i._.._ __., STEPHANIE M. MOON REYNOLDS, MMC City Clerk August 19, 2014 Sheldon Bower Parker Design Group 816 Boulevard Salem, Virginia 24153 Dear Mr. Bower: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40031 - 081814 rezoning properties located at 2226 and 0 Colonial Avenue, S. W., respectively, from IN, Institutional District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Amended Application No. 1 dated August 5, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014; and is in full force and effect upon its passage. Sincerely, Cecelia T. Webb, CMC Assistant City Clerk Enclosure PC: Calvary Memorial Church, Inc., 2226 Colonial Avenue, S. W., Roanoke, Virginia 24015 BDW Management, Inc., 517 Walnut Avenue, S. W., Roanoke, Virginia 24014 Towers Retail, LLC, 8405 Greensboro Drive, McLean, Virginia 22102 Burgoon Services, Inc., 2302 Colonial Avenue, S. W., Suite A, Roanoke, Virginia 24015 Bonnie Hazelrigg and Rosanna Nichols, 2203 Sanford Avenue, S. W., Roanoke, Virginia 24014 Sheldon Bower, Agent August 19, 2014 Page 2 Brown Mule Properties, LLC, 2942 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40031- 081814. 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 properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Calvary Memorial Church, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 2226 and Zero Colonial Avenue, S.W., bearing Official Tax Map Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, respectively, rezoned from IN, Institutional District, to INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2014, 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 properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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 Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, located at 2226 and Zero Colonial Avenue, S.W., respectively, be and are hereby rezoned from IN, Institutional District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Amended Application No. 1 dated August 5, 2014. 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: '1 rty Clerk. rY I �7 COUNCIL CITY AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271 101 , 1 271 102, 1271 103, 1 271 104, 1271 105, and 1271 106, respectively, to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. Recommendation The Planning Commission held a public hearing on Tuesday, August 12, 2014. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding Amended Application No. 1 is consistent with the City's Comprehensive Plan, Franklin Road /Colonial Avenue Area Plan, and Zoning Ordinance as the place of worship will be able to expand their facilities and services in a manner appropriate to the surrounding area. Application Information Request: Rezoning to Institutional Planned Unit Development Owner: Calvary Memorial Church Inc. Applicant: N/A Authorized Agent: Sheldon R. Bower, Parker Design Group, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 2226 and 0 Colonial Ave. SW Official Tax Nos.: 1271 101 , 1 271 102, 1271 103, 1271 104, 1271 105, 1271106 Site Area: 0.928 acres Existing Zoning: IN, Institutional District Proposed Zoning: INPUD Institutional Planned Unit Development District Existing Land Use: Place of Worship Proposed Land Use: Place of Worship Neighborhood Plan: Franklin Road /Colonial Avenue Area Plan Specified Future Land Use: Institutional Filing Date: Original Application: June 05, 2014 Amended Application No. 1: Aug 05 2014 Background The church was constructed on the subject property along Colonial Avenue, SW, in 1956. Shortly thereafter, Towers Shopping Center was constructed in 1960 on a large vacant parcel just north of the property. US Highway 220 Freeway was later constructed just south of the property with entrance and exit connections east and west of the property. The church has continued to operate as a place of worship. The applicant met with planning staff to discuss redevelopment of the property to include an expanded lobby, sanctuary, and classrooms. The proposed use is permitted in the IN (Institutional) district; however, the proposed site layout and could not be accommodated under the dimensional regulations of the IN district. The INPUD district was determined to be the more appropriate zoning to accommodate the proposed expansion. In June 2014, the applicant filed an application to rezone the property from IN to INPUD. The proposed development plan depicts the building addition location on the parcel, entrance locations, stormwater management area, and associated site development. In August 2014, the applicant filed an amended application addressing offsite parking and streetscape issues. Planned Unit Development Plan The development plan included in the application is binding on the development of the property. All development must be in substantial conformance with the development plan and other pertinent elements of the zoning ordinance. Considerations The subject property proposed for rezoning is currently used as a place of worship and that use will continue in an expanded manner if the rezoning is approved. The proposed redevelopment adds 3,555sf in additions to the existing 1 2,900sf existing church building. One of the additions expands the sanctuary making it closer to Colonial Avenue, while the other additions infill existing courtyard and parking areas. The parking on the existing property is minimal and most of the parking for the church will be provided offsite on adjacent parcels south of the property. 2 Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. In an INPUD District, minimum parking requirements are set on the development plan. Typically in other district types, a place of worship with 507 seats would require a minimum of 127 parking spaces. The development plan proposes 109 parking spaces. Four accessible spaces are located on the subject property. Forty - five parking spaces on Sundays and Wednesday evenings are located across 231 Street per an off -site parking agreement. Sixty parking spaces are planned in a new proposed offsite lot south of the church subject to the regulations of the zoning ordinance. The development features that are required or regulated by the zoning ordinance for the offsite parking are not shown on the development plan. These details will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Area Plan recognize the need for the expansion of existing uses and sites within village centers to serve the needs of citizens. The property is part of an existing village center and the use remains appropriate in this area. Relevant policies and action items in the Comprehensive Plan include: 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. 91 Zoninq District Land Use North CLS, Commercial -Large Site Retail Sales Establishment, Not District Otherwise Listed; Eating Establishment (Towers Mall) South MX, Mixed Use District Dwelling, Single - Family Detached and Two-Family East CG, Commercial - General District Vacant and Retail Sales Establishment, Not Otherwise Listed; West CG, Commercial - General District Office General or Professional Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. In an INPUD District, minimum parking requirements are set on the development plan. Typically in other district types, a place of worship with 507 seats would require a minimum of 127 parking spaces. The development plan proposes 109 parking spaces. Four accessible spaces are located on the subject property. Forty - five parking spaces on Sundays and Wednesday evenings are located across 231 Street per an off -site parking agreement. Sixty parking spaces are planned in a new proposed offsite lot south of the church subject to the regulations of the zoning ordinance. The development features that are required or regulated by the zoning ordinance for the offsite parking are not shown on the development plan. These details will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Area Plan recognize the need for the expansion of existing uses and sites within village centers to serve the needs of citizens. The property is part of an existing village center and the use remains appropriate in this area. Relevant policies and action items in the Comprehensive Plan include: 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. 91 Automobile- oriented Wfi u, Center Beforo New Potentialnfili:high- dan , iy /eaedanual S 1 bl Nchurch: oppartuniXI for aharad Parting n� Nip `. o"uc m.dnn ♦N • froremmlmNro apanm.nn Ake. E.,. m of u, fast food �L md.fih. wmr ,rondg. City Design: 4.3 Design Illustrations and Schematics Design Schematic: Automobile - Oriented Village Center Land Uses: Existing buildings are renovated, and new mixed - use infill is added within the block to permit retail and office uses. Residential uses at a higher density than the surrounding neighborhood (two- to three -story apartments) are suggested adjacent to the central commercial area. In this schematic, a grocery store that draws its market from outside the neighborhood is illustrated as a destination store that can support other merchants. Traffic: On- street parking on arterial streets is not C permitted. Articulated crosswalks in brick identify the area as "pedestrian friendly" and are a reminder to motorists to slow their speed in the commercial area. Parking: Off - street parking is located on the side and at the rear of buildings shielded from the street by landscaping or low walls. Buildings: New buildings are added to fill vacant spaces or expanses of surface parking. Buildings should not be set back and must have 60% glass on the first floor to create visual attractiveness. Awnings, canopies, and other fa4ade improvements are encouraged for existing buildings. Streetscape: An area identity is created by careful use of plant materials, lighting, street furniture, and signage. Design Principles: • Commercial development should be concentrated at key intersections and should encourage higher- density, mixed -use development and live /work space along the road. Curb cuts should be minimized; shared parking lots and on- street parking should be encouraged. rd vou"'u"lnfill: Pdential infAl: lot-Ilne desfi�tpn develapman grocery. rtoro Automobile- oriented Wfi u, Center Beforo New Potentialnfili:high- dan , iy /eaedanual S 1 bl Nchurch: oppartuniXI for aharad Parting n� Nip `. o"uc m.dnn ♦N • froremmlmNro apanm.nn Ake. E.,. m of u, fast food �L md.fih. wmr ,rondg. City Design: 4.3 Design Illustrations and Schematics Design Schematic: Automobile - Oriented Village Center Land Uses: Existing buildings are renovated, and new mixed - use infill is added within the block to permit retail and office uses. Residential uses at a higher density than the surrounding neighborhood (two- to three -story apartments) are suggested adjacent to the central commercial area. In this schematic, a grocery store that draws its market from outside the neighborhood is illustrated as a destination store that can support other merchants. Traffic: On- street parking on arterial streets is not C permitted. Articulated crosswalks in brick identify the area as "pedestrian friendly" and are a reminder to motorists to slow their speed in the commercial area. Parking: Off - street parking is located on the side and at the rear of buildings shielded from the street by landscaping or low walls. Buildings: New buildings are added to fill vacant spaces or expanses of surface parking. Buildings should not be set back and must have 60% glass on the first floor to create visual attractiveness. Awnings, canopies, and other fa4ade improvements are encouraged for existing buildings. Streetscape: An area identity is created by careful use of plant materials, lighting, street furniture, and signage. Design Principles: • Commercial development should be concentrated at key intersections and should encourage higher- density, mixed -use development and live /work space along the road. Curb cuts should be minimized; shared parking lots and on- street parking should be encouraged. rd Site development should be maximized through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. • Visual clutter and excessive lighting should be discouraged. Signs should be attractively designed and co- located on single displays or monuments. The proposed development plan allows for continued development of the property in a manner that assures a compatible development pattern with the surrounding neighborhood through the placement and orientation of the building and associated site development. The additions to the building and associated site development continue to further define the street edge along Colonial Avenue and 231' Street. The proposed parking is to the rear and side of the church with part of the parking as shared parking with an adjacent business. It will conform to current development standards such as parking area, landscaping, and lighting. The proposed expansion will allow the church to continue to serve and expand their capacity to serve the residents of southwest Roanoke. The Franklin Road /Colonial Avenue Area Plan recognizes that the commercial centers along Franklin and Colonial serve as village centers for their neighborhood and southwest Roanoke. They provide convenient access to goods and services as well as places of worship and public services to neighborhood residents. The subject property is a church that has existed within the community for over fifty years. Expansion of existing uses in the village center areas in a manner appropriate to the surrounding community is encouraged. Relevant policies and action items in the plan include: Economic Development: • Design: Future commercial development should adhere to the design principles of Vision 2001 -2020 for commercial corridors: o Concentrations of higher- density, mixed use development and live /work space at key intersections. o Minimal curb cuts, shared parking, increased lot coverage, signs colocated, no excessive lighting, and orientation of buildings close to the street. Infrastructure: • Curb, gutter and sidewalk Improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter and appropriate species of trees should also be planted along streetscapes. The principal consideration is whether the proposed rezoning and proffered development plan and conditions are consistent with Vision 2001 -2020 and the 61 Franklin Road /Colonial Avenue Area Plan. The commercial center along Colonial Avenue has been part of the community's development pattern for many decades. Overall, staff finds that the rezoning as proposed is consistent with these plans as it enables an existing use to expand their building and service to the surrounding community in a manner appropriate to the surrounding area. Public Comment Summary None. Planning Commission Work Session (June 20 and July 18. 2014): No comment. Applicant Response to Staff. Public, and Planning Commission Comments The applicant submitted an amended application addressing all staff comments. mu� Mark Futrell, Vice -Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Gregory R. John, Calvary Memorial Church Sheldon R. Bower, Parker Design Group, Inc. L Zoning Amendment Application Department of Planning, Building and Development RECEIVED Room 166, Noel C. Taylor Municipal Building 215 Church Avenue,S.W AUG 5 2014 Roanoke, Virginia 24011 Phone. (540) 8531730 Fax: (540)85X1230 PLANNING BUILDING AND DEVELOPMENT Date- [815/2014 Submittal Number I fAmerded Aonlication No. 1 ItegMest (8111 All that a_ Wiv), Rezoning, Not Otherwise Listed [ ] Rezoning, Conditional Rezoning to Planned Unit Development Establishment of Comprehensive Sign Overlay District ProparW Ilnf ym0tloW: Address: 12226 Colonial Avenue ROANOKE Click Hereto Final Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Official Tax No(S).: 1271101, 1271102,1271103, 1271104,1271105,1271106 Exisfing Base Zoning [ ] With Conditions If multiple zones, lease manual enter all districts, IN, Institutional ( P P N } � E] Without Conditions Ordinance No(s). for Existing Conditions (11 applicable): [ [ ] With Conditions Requested Zoning: INPUD, Institutional Planned Un Proposed place of Worship [ ] Without Conditions Land Use: ProRAft ownprintoym4t . Name [Calvary Memorial Church Inc. Phone Number: [+1 (540)342 -7489 Address: L226 Colonial Avenue. SW E -Mail: greg@cmcroanoke.org ��f(f '�`�- l'^"r'riic _ C'lytic ®Crt�C.ES0Arr7tGC eiP,dj Property Owners Signature: Applicant In1MrrQattton (if slllfiMi f fr atil�ne Name: Phone Number ( —� Address: E -Mal: Applicant's Signature A_3 UmnixeA Agent InTgrros"glip jilif ilipBliyaktel;: Name Parker Design Group, Inc -.] Phone Number ! +1(5401387 -1153 Address /[/816 Boulevard Salem, VA 24153 E -Mail: Autlariaed Agent's Signature l�bower@parkerdg.com Zoning Amendment POP% Application Checklist �► The following must be submitted for all applications. ROA N O K E f- Completed application form and checklist. F- narrative explaining the reason for the request. 7- Metes and bounds description, if applicable F Filing fee For a rezoning not otherwise listed, the following must also be submitted: F- Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: i- Written proffers. See the Cdy s Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures Please lapel as F- 'development plan' 'd proffered For a planned unit development, the following must also be submitted: I- Development plan meeting the requirements of Section 36.2.326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: i- Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zon ng Ordinance. For an amendment of proffered condltions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendmem Procedures, F- if applicable. F- proffers to be amended. See the City's Guide to Proffered Conditions. I- Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance F- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: I- Amended comprehensive signage plan meeting the requirements of Section 36.2- 3o6(d) of the City's Zoning Ordinance, F- 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: F- 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, i- Cover sheet. F Traffic impact analysis F Concept plan. r- Proffered conditions, if applicable F- Required fee 'An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff, meb parker DESIGN GROUP August 5, 2014 816 Boulevard Salem, VA 24153 P: 540.387.1153 F: 540.389.5767 www.parkerdg.com ENGINEERS I SURVEYORS I PLANNERS I LANDSCAPE ARCHITECTS Katharine Grey, Architect City of Roanoke - Planning, Building, and Development 215 Church Ave, Room 166 Roanoke, VA 24011 Re: Calvary Memorial Church Rezoning Application Dear Ms. Grey: We have revised the rezoning application to address comments from your staff. Specifically, we have: • Added text to the Narrative under "Parking" further describing the offsite parking arrangements • Added notes to the Development Plan to address; o Offslte parking requirements o Right of way alternates for sidewalk and curb and gutter o Proposed Uses Attached to this letter is a revised application. We thank you for your input and assistance with acquiring a continuance so we may address your concerns appropriately. Please contact us with any questions or comments. Respectfully Submitted, Par <cr Des gn Group, Inc. Sheldon R. Bower, PE Principal Enclosures RECEIVED AUG 5 2014 CITY OF ROANOM PLANNING WILDING AND DE VEI.OPMENT Zoning Amendment Application Supporting Documents Tax Nos. 1271 101, 1271 102, 1271 103, 1271 104, 1271 105,1271 106 Along Colonial Avenue City of Roanoke, VA July 30, 2014 Amended Application No. 1 Prepared By: Plan ner /Engi neer /Su rveyo r: WAS parker DESIGN GROUP 816 Boulevard RECEIVED Salem, VA 24153 Ph: 540.387.1153 AUG 5 2014 Fax: 540.389.5767 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Rezoning Application Calvary Memorial Church Table of Contents LegalDescription .............................................................................. ..............................3 Narrative ............................................................................................. ..............................4 Description of Proposed Use and Development ................... ..............................4 Justification for Change ................................................................ ..............................5 Impact to Surrounding Neighborhood .................................... ..............................5 Availability of other similarly zoned properties in the area .............................6 Relationship to City's Comprehensive /Area Plan( s) ............ ..............................6 Appendix ............................................................................................. ..............................7 Development Plan ......................................................................... ..............................K Building Plan .......9 BuildingElevation ......................................................................... .............................10 OverallParking Plan .................................................................... .............................12 TripGeneration Calculation ..................................................... .............................13 July 30, 2014 Page 2 of 13 Rezoning Application Calvary Memorial Church Legal Description Legal Description for Rezoned Area Tax Nos. 1271101, 12471102, 1271 103, 1271104, 1271 105, 1271 106 Requesting a Rezoning from IN (Institutional) to INPUD (Institutional Planned Unit Development) Also Known as Lots 1 -6, Block 2, Colonial Heights Beginning at a point at the intersection of the southern right of way line of Colonial Avenue, S.W. and 23rd Street, S.W.; thence traveling along the southern right of way line of Colonial Avenue, S.W. N 55 °25'00" E, 250 feet to a Virginia Department of Highways monument found on the western right of way line of Ramp "B'; thence with said Ramp "B" right of way line S 71 000'03" E, 82.82' to a Virginia Department of Highways monument found, thence S 69 °59'54" E. 90,00 feet to a point at the intersection of said Ramp "B" right of way line and the northern right of way of a public 12' alley; thence along said alley right of way line S 55 °25'00" W. 351.33' to a point at the intersection of said alley right of line and the eastern right of way fine of 23rd Street, S.W.; thence with said right of way line of 23rd Street, S.W. N 34 °35'00" W, 140.00' to the point of beginning and containing Lots I thru 6. Block 2, Colonial Heights (City of Roanoke Tax Numbers 1271101, 1271102, 1271103, 1271104, 1271 105 and 1271106); having total area of 0.968 acre. July 30, 2014 Page 3 of 13 Narrative Rezoning Application Calvary Memorial Church Description of Proposed Use and Development The purpose of this rezoning request is to provide an opportunity for an existing church to expand its sanctuary and plan for future growth. The current zoning is Institutional (IN). The limitations of the current zoning setbacks have limited the possibilities for growth. The Church, Calvary Memorial, has worked with Architects and evaluated plans over the last several years in an attempt to adhere to the setback regulations. This process has generated plans to expand the sanctuary that would adhere to the current IN setback regulations. These plans were not well liked or acceptable to Calvary Memorial for multiple reasons such as functionality, cost, and aesthetics. Recently, a plan that is acceptable to Calvary Memorial was generated. This plan requires Flexibility of the current setback regulations for IN, therefore this rezoning request is for an Institutional Planned Unit Development (INPUD). INPUD district allows for an applicant to define its own development standards. This flexibility will allow for development of building expansions as Calvary Memorial desires. The Church understands the purpose of the INPUD district is to encourage harmonious development of institutional uses and mixed -use campus developments. They currently own several properties in the area bound by Colonial Avenue, 23 d Street, and Sanford Avenue. These properties are split by an alley that currently serves properties they do not own. The long term plan of the Church is to continue to purchase properties as they become available along Sanford Avenue. In the future when the Church owns all properties, it will be the intent to rezone all properties to INPUD, vacate the right of ways of the alley and Sanford Avenue, and create a campus plan. Currently, the Church is in an immediate need to expand their sanctuary. In an effort to move toward an INPUD district for all properties, the Church is requesting a rezone of a portion of the property they currently own to support the sanctuary expansion they desire. The following are reasons the Church is only requesting a rezone of portions of their property: • The alley must remain to serve residential properties not owned by Calvary Memorial, therefore the properties cannot be combined into one property. • Calvary Memorial needs to maintain the current use of some of the properties along Sanford Ave until the time they are ready to rezone all properties. These current uses are not allowed in INPUD. • The offsite parking expansions that are needed to support the sanctuary expansion in the proposed INPUD district is allowed in the current MX zone. July 30, 2014 Page 4 of 13 Rezoning Application Calvary Memorial Church In summary, Calvary Memorial has discussed several options and has concluded rezoning a portion of their property to INPUD to allow for the sanctuary expansion will meet their immediate and interim needs until such time that they own all properties bound by Colonial Avenue, 23' Street, and Sanford Ave. justification for Change The justification for change is to allow an existing use to expand and meet its current needs. Impact to Surrounding Neighborhood The request will minimally impact the surrounding properties. These impacts are as follows- Traffic: The existing traffic patterns and traffic counts on Colonial Avenue limit ingress /egress to 23' Street during peak hours of traffic on Colonial Avenue. These hours are typically between 6AM -9AM and 4PM -6PM during the weekdays The current use and expansion will not affect these peak hours. The expansion according to the ITE trip generation manual will generate approximately 6 trips per hour during these times. The proposed expansion will have peak hours on Sunday when the traffic on Colonial Avenue will be less than weekday traffic. On Sundays, the peak hour for the proposed expansions will generate approximately 77 trips per hour, and approximately 239 trips per day according to the ITE trip generation manual. This increase in traffic will be minimal compared to the amount of traffic on Colonial Avenue Please refer to Appendix for supporting Trip Generation Calculations. Water and Sewer Demands: The proposed expansion will not burden the current water and sewer infrastructure. Similar to traffic, the demand on these systems will be during off peak hours and will be minimal. Stormwater Impacts: The proposed expansion is located in an area that is currently part of the Church's existing stormwater management facility. This will result in a re- configuration of the existing stormwater management system. The increase of stormwater runoff will be managed accordingly. This area lacks stormwater infrastructure and relies on overland flow and infiltration. The proposed expansions will maintain these drainage patterns. A Stormwater Management design will be implemented to meet current City Stormwater codes. The current code addresses Stormwater quality, quantity, flooding, and downstream channel analysis. These measures will lessen the impact to the surrounding properties. July 30, 2014 Pagc 5 of 13 Rezoning Application Calvary Memorial Church Visibility: The current use is visible from Colonial Avenue and 1 -581. The expansion will improve the building elevation along Colonial Avenue and 1 -581 and introduce more landscaping to improve the aesthetics of the property. Parking: The proposed expansion will require new parking. The Church has determined that 105 parking spaces will meet their needs currently and for the future expansion. The Church intends to construct a new parking lot on properties they already own that are currently zoned MX and allow for offsite parking. These properties are on the south side of the alley. In addition, the Church currently has and had agreements with current and past owners of tax parcel 1271006 across 23' Street since the late 1990's to utilize parking spaces as needed on Sundays and Wednesday evenings. Considering the current parking arrangements and the proposed parking lot, adequate parking will be provided. Please refer to the Appendix for the proposed parking plan. Availability of other similarly zoned properties . in the area The availability of similarly zoned properties in the general area is very limited. Most existing IN districts are currently established by existing uses. Relationship to City's Comprehensive/Area Plan(sj This request is in conformance with the City of Roanoke Comprehensive Plan and Franklin Road /Colonial Avenue Plan by addressing the following: • Maintain Institutional Land Use. • Building expansion facades will be positioned close to Colonial Avenue, include offsets to existing building, and be of similar material. • Any proposed parking will be behind the building. • Parking will be limited to the minimum amount needed by the Church. • Landscaping will be proposed along Colonial Avenue and 23' Street. • Curb, gutter, and sidewalk will be provided along Colonial Avenue. The development plan in this application support these guidelines. July 30, 2014 Page 6 of 13 Appendix a. Development Plan b. Building Plan c. Building Elevations d. Overall Parking Plan e. Trip Generation Calculations Rezoning Application Calvary Memorial Church July 30, 2014 Page 7 of 13 CURB. GUTTER, AND SIDEWALK PER CITY STREET GUIDELINES WITH DEDICATED RIGHT OF WAY COLONIAL AVENUE v sss7s'v0 "w 55525'00 "w 150.00' IEWALK 1,035SFI S34 °35'00 "E 40.00' PROPOSED RIGHT OFWAY ADDITION I F. 2520SF I Icy ADDITION h EXISTING Q I 12,900SF I CHURCH ,COURTYARD BUILDING 2,960SF ADDITION I I o l 1 14.8' }_SD_EWA4 RE- CONFIGURED I EXISTING PUBLIC ALLEY N TAX NO. TAX NO. 1271109 1271110 100.00' G Is, xo' to o' ZO' O 10' ' ® 1'"3e aunt sau 1_r r N 70'28'43" IN 172.82' EXISTING ACGE3SORY STRUCTURE 0 W U ir N _ u o n ion tl ~ 1 w`C ap w. n ;W z- 41 O �a� o 1" E 35133' a o o TAX NO. TAX NO, I TAX NO. TAX NO. TAX NO. 1271111 1271112 1271113 1271114 1271115 f IC V INPUD District Reaulatlons: Tax Nos: 1271101, 1271102, 1271103, 1271104, 1271105, 1271106 (all parcels will be combined) Minimum District Area: None Minimum Lot Area: 0.5 acres (proposed 0.9 acres) Minimum Lot Frontage: 150' Setbacks: Front (along Colonial): 0' Side (along 23rd StreetlOR ramp): 10' Rear (along alley): 0' Max. Bldg Height: 40' Usable Open Space: 5% I I I \ \ m Accessory Structure Setbacks: Minimum Parking: 105 Total Spaces > New Structures: 10' 10 0nshe:4 spaces u Existing Structures: Maintain existing location Offsite: 101 minimum spaces Landscaping: 10% Tree Canopy 1 street tree per 50LF street frontage Right of Way Improvements: Curb, Gutter, and sidewalk (Colonial and 23rd Streets only) along Colonial Avenue and 23rd Street. Owner may implement an Min. Parking Landscaping per City Ordinance alternate design to address current drainage patterns and maintain pedestrian walkways. These alternates may include low impact Phase I: Sanctuary Addition on Colonial and Alley, relocation of development practices. y stomnwater management and parking improvements W g Permitted Uses: Piece of Warship; Educational Facilities, Phase II: Classroom Addition creating courtyard elementary/middk(secondary as accessory use 'Q' ��� rw.m.+•wn i —I.v1a ♦. .. a.r TU 4v 1Y1 ` Ip •6 p 11 b Aannw.ry a ••• � i I 1A i 1 I 1 M1.ysM1.Nn.tl ♦. .. a.r TU 4v 1Y1 ` Ip •6 p 11 b Aannw.ry a ••• � i I 1A Calvary Memorial Church 2226 Colonial Avenue, SW Roanoke, Virginia 24015 • M � RECEIVED AVG 5 2014 CITYaFRCgNOxF � rren.afen walla nu�oN %prkRltG euunwcw»or vetoprgEM Proposed Floor Plan. Arrangement #8 Mdtl Square Fom,,e / 3.990 SF (! < May 30, 2014 \ \ \`...... GA -2 1 I Calvary Memorial Church 2226 Colonial Avenue, SW Roanoke, Virginia 24015 • M � RECEIVED AVG 5 2014 CITYaFRCgNOxF � rren.afen walla nu�oN %prkRltG euunwcw»or vetoprgEM Proposed Floor Plan. Arrangement #8 Mdtl Square Fom,,e / 3.990 SF (! < May 30, 2014 \ \ \`...... GA -2 Colonial Avenue Elevation Aghk In PROPOSED ADllI'iION 1 -581 Elevation PROPO5[.D ADDITION e� ( 9 , z V / �1" = 50' GRAPHIC SCALE'` 4 ,y PARKING CALCULATIONS NUMBER OF SEATS: 461 REQUIRED PARKING PER CITY ZONING: I PER 4 SEATS = 116 SPACES 20% REDUCTION FOR PROXIMITY TO MASS TRANSIT= 93 SPACES PROPOSED PARKING: ONSITE AREA REQUESTED TO BE REZONED: OFFSITE PROPERTY SOUTH OF ALLEY(PROPOSED): SHARED ON PROPERTY ACROSS 23RD STREET: TOTAL N n E m� 0p � 3 0 p W C W %CQI W 6 t ry co u d as m i`2 n 6 O O R C O C W C O > y M L 0 Ic m A U 4 60 $ 45 WW�i 2O1i 109 11m77 Q� Ri 8 O Trip Generation Calculation Cn ."+: . wse rip IMrease Watiraerr Mxow Ntrren -iN 9�u �atxw�olyxrera Hrex `talk, grrgw Mtxn.. m06M IMEEfff xcn WwJrq,. n exnenaMnvuY.xarMrraYxspRaw al v.Yp.r.utr 'rrO4etirx.n bxep.vr reW qur.lyetar! )1w 2226 Colonial Avenue SW M#fs 1271101 -6 Adjoining Property Owners List TAXID Local Address Owners Mail Address Mail City Mail State Mail Zip 1270544 2301 COLONIAL AVE SW BDW MANAGEMENT INC 517 WALNUT AVE ROANOKE VA 24014 1270719 2121 COLONIAL AVE SW TOWERS RETAIL LLC 8405 GREENSBORO DR MCLEAN VA 22102 1271006 2302 COLONIAL AVE SW BURGOON SERVICES INC 2302 COLONIAL AVE SW A STE ROANOKE VA 24015 1271016 0 SANFORD AV SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271109 2231 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271110 2227 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271111 2223 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271112 2219 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271113 2215 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271114 2209 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271115 2207 SANFORD AVE SW HAZELRIGG BONNIE LOUISE P & 2203 SANFORD AVE SW ROANOKE VA 24014 NICHOLS ROSANNA BANE 1271116 2203 SANFORD AVE SW HAZELRIGG BONNIE L 2203 SANFORD AVE SW ROANOKE VA 24014 1271231 0 COLONIAL AV SW BROWN MULE PROPERTIES LLC 2942 ROSALIND AVE SW ROANOKE VA 24014 VICINITY MAP/ ZONING MAP EXCERPT 2226 Colonial Ave., SW (TN 1271101, 1271102, 1271103, 1271104, 1271105,1271106) Legend OSubject Property Base Zoning District Residential - Agriculture, RA Residential Single - Family, R -12 Residential Single - Family, R -7 Residential Single - Family, R -5 Residential Single- Family. R -3 Residential Mixed Density, RM -1 Residfential Mixed Density, RM -2 Residiential Multifamily, RMF Mixed Use, MX Commercial - Neighborhood, CN Commercial- General, CG Commercial -Large Site, CLS Downtown, D Institutional, IN Recreation and Open Space, ROS Urban Flex, OF Light Industrial, 1-1 Heavy Industrial, 1.2 Airport Development, AD Mixed Use Planned Unit Development, MXPUD Institutional Planned Unit Development, INPUD Industrial Planned Unit Development, IPUD Conditional Zoning I7___ i 4 p 0 20 Feel N 1270719 CLS t i \ 12 CG(c) % IN \ 1271104 Ci \ 12 CG(c) % IN \ 1271104 ,,.1 ;�;1' CG z .v 127123112712kS EXf7 to CpCG 127111? MX nt, Jg �. ,r• `% •`sat 1271102 - / % GlF% V&. \ 12 7' X0 - \ ♦ 27tttt \ CG(c) \ ♦ ♦ :71109 ♦ \ 1271016 CG \ \\ ti 1271015 \\ �DQO 0E 0 1271014 \ ,,.1 ;�;1' CG z .v 127123112712kS EXf7 to CpCG 127111? MX nt, Jg �. ,r• Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax- (540) 853 -1230 ROANOKE Click Here to Print Date. (e s i¢ Submittal Number: ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning. Conditional ❑ Amendment of Planned Unit Development Plan [' Rezonng to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 1 1226 Coao.vi•4L 4V,0_ Ste/ Ofrx ial Tax No(s).: [ 1 % I to l j IZ71102, i 2'71r03� 1271104, 1?--7 15-, 127 1166 Existing Base Zoning: fNsTrrvtfor►.4�- (IN� 11 With Conditions (If multiple zones, please manuaNy enter all districts.) _T ❑Without Conditions Ordinance No(s). for Existing Conditions (if applicable): �— - Requested Zoning: - -- (� �J p ❑ With Conditions Pm po sed PIAC-a Or— L] Without Conditions Land Use FtwneNumber: ISAo 3 942 48y Name: CALVARY M AJORA41- CjWVAC-A' /.Vc, Name: j�� Address. Applicant's Signature: E -Mail a�!� ° ✓e Gmcroane�re_ oAa J Phone Number E -Mail: Name: PARK(eK M -514 y GRovP /MG Phone Number: 5go3g7. / /S3 Address: I gigs Authorized Agent's Signature: V Completed application form and checklist. F— Written narrative explaining the reason for the request. metes and bounds description, If applicable. I'V61ing fee r Concept plan meeting the Application Requirements of Rem'2(c)'in Zoning Amendment Procedures WE �MSU I F Written proffers. See the CItYs Guide to Proffered Conditions. Concept plan meeting the Application Requirements of ftem'2(c)' In Zoning Amendment Procedures. Please label as F 'development clan' if proffered. F Development Man meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance Fokii,a mr� liffl-i -w-, must, a - mm!�� p I 11 ��, 11-1 - w Oiff:i F Comprehensive signage plan meeting the requirements of Section 36.2-336( dX2) of the Chys Zoning Ordinance Aci jfi7jffi'91RM�M n97 _-W _p �pdrkft�ons,�T*Niirow!Ri 058186 Amended development or concept plan meeting the Application Requirements of dem'2(c)' in Zoning Amendment Procedures, F if applicable. F Written proffers to be amended. See the Citys Guide to Proffered Conditions F Copy of previously adopted Ordinance. n7 0 On ann!L 4ifijR erfclf"swingpnust D Ar 6 Hail F Amended development Nan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. F6r i comp _; e w, *qgy.:&M ndmo-hthl—,fol6-wm--riWit7aFwI F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the CitYs Zoning Ordinance. F Copy of previously adopted Ordinance. a U rW STft C if at iWdV i subm 4o theM t!! a 611115 IT-T. that , 9!!�Pa F A Traffic Impact Study In compliance with Appendix B-2(e) of the City's Zoning Ordinance. 'mud -also be SWER111W. -1 F Cover sheet • Traffic impact analysis. • Concept plan. • Proffered conditiom if applicable. F Required fee *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff, on parker DESIGN GROUP June 4, 2014 816 Boulevard Salem, VA 24153 P. 540.387.1153 F: 540389.5767 www.parkerdg.com ENGINEERS I SURVEYORS I PLANNERS I LANDSCAPE ARCHITECTS Katharine Grey, Architect City of Roanoke - Planning, Building, and Development 215 Church Ave, Room 166 Roanoke, VA 24011 Re: Calvary Memorial Church Rezoning Application Dear Ms. Grey: We have completed all items for the above referenced rezoning application. Attached you will find a document titled, Zoning Amendment Application Supporting Documents dated June 4t^, 2014. Included in this document are: a. Narrative b. Legal Description c. Development Plan d. Building Plan e. Building Elevation f. Overall Parking Plan g. Trip Generation Calculations Please contact us with any questions or comments. Respectfully Submitted, Parker Design Group, Inc. '�A Sheldon R. Bower, PE Principal Enclosures Supporting Documents Tax Nos. 1271 101, 1271 102, 1271 103, 1271104s 1271 105,1271 106 Along Colonial Avenue City of Roanoke, VA June 4, 2014 Prepared By: Planner /Engineer /Surveyor: Pei of parker DESIGN GROUP 816 Boulevard Salem, VA 24153 Ph: 540.387.1 153 Fax: 540.389.5767 Rezoning Application Calvary Memorial Church Table of Contents LegalDescription .............................................................................. ..............................3 Narrative........................................................................................... ............................... 4 Description of Proposed Use and Development .................. ..............................4 Justificationfor Change .............................................................. ............................... 5 Impactto Surrounding Neighborhood .................................... ..............................5 Availability of other similarly zoned properties in the area ............................ 6 Relationship to City's Comprehensive/Area Plan( s) ........... ............................... 6 Appendix............................................................................................ ............................... 7 DevelopmentPlan ........................................................................ ..............................8 BuildingPlan ...................................................................»............. ..............................9 BuildingElevation ........................................................................ .............................10 OverallParking Plan ................................................................... .............................12 TripGeneration Calculation ................................................... ............................... 13 June 4, 2014 Page 2 of 13 Rezoning Application Calvary Memorial Church Legal Description Legal Description for Rezoned Area Tax Nos. 1271101, 12471 102, 1271103, 1271104, 1271105, 1271106 Requesting a Rezoning from IN (Institutional) to INPUD (Institutional Planned Unit Development) Also Known as Lots 1 -6, Block 2, Colonial Heights Beginning at a point at the intersection of the southern right of way line of Colonial Avenue, S.W. and 23rd Street, S.W.; thence traveling along the southern right of way line of Colonial Avenue, S.W. N 55 °25'00" E, 250 feet to a Virginia Department of Highways monument found on the western right of way line of Ramp "B'; thence with said Ramp "B" right of way line S 71 000'03" E, 82.82' to a Virginia Department of Highways monument found; thence S 69 °59'54" E, 90.00 feet to a point at the intersection of said Ramp "B" right of way line and the northern right of way of a public 12' alley; thence along said alley right of way line S 55 °25'00" W, 351.33' to a point at the intersection of said alley right of line and the eastern right of way line of 23rd Street, S.W.; thence with said right of way line of 23rd Street, S.W. N 34 °35'00" W, 140.00' to the point of beginning and containing Lots 1 thru 6, Block 2, Colonial Heights (City of Roanoke Tax Numbers 1271 101, 1271 102, 1271 103, 1271 104, 1271 105 and 1271106); having a total area of 0.968 acre. June 4, 2014 Page 3 of 13 Rezoning Application Calvary Memorial Church Description of Proposed Use and Development The purpose of this rezoning request is to provide an opportunity for an existing church to expand its sanctuary and plan for future growth. The current zoning is Institutional (IN). The limitations of the current zoning setbacks have limited the possibilities for growth. The Church, Calvary Memorial, has worked with Architects and evaluated plans over the last several years in an attempt to adhere to the setback regulations. This process has generated plans to expand the sanctuary that would adhere to the current IN setback regulations. These plans were not well liked or acceptable to Calvary Memorial for multiple reasons such as functionality, cost, and aesthetics. Recently, a plan that is acceptable to Calvary Memorial was generated. This plan requires flexibility of the current setback regulations for IN, therefore this rezoning request is for an Institutional Planned Unit Development ( INPUD). INPUD district allows for an applicant to define its own development standards. This flexibility will allow for development of building expansions as Calvary Memorial desires. The Church understands the purpose of the INPUD district is to encourage harmonious development of institutional uses and mixed -use campus developments. They currently own several properties in the area bound by Colonial Avenue, 23' Street, and Sanford Avenue. These properties are split by an alley that currently serves properties they do not own. The long term plan of the Church is to continue to purchase properties as they become available along Sanford Avenue. In the future when the Church owns all properties, it will be the intent to rezone all properties to INPUD, vacate the right of ways of the alley and Sanford Avenue, and create a campus plan. Currently, the Church is in an immediate need to expand their sanctuary. In an effort to move toward an INPUD district for all properties, the Church is requesting a rezone of a portion of the property they currently own to support the sanctuary expansion they desire. The following are reasons the Church is only requesting a rezone of portions of their property: • The alley must remain to serve residential properties not owned by Calvary Memorial, therefore the properties cannot be combined into one property. • Calvary Memorial needs to maintain the current use of some of the properties along Sanford Ave until the time they are ready to rezone all properties. These current uses are not allowed in INPUD. • The offsite parking expansions that are needed to support the sanctuary expansion in the proposed INPUD district is allowed in the current MX zone. June 4. 2014 Page 4 of 13 Rezoning Application Calvary Memorial Church In summary, Calvary Memorial has discussed several options and has concluded rezoning a portion of their property to INPUD to allow for the sanctuary expansion will meet their immediate and interim needs until such time that they own all properties bound by Colonial Avenue, 23'° Street, and Sanford Ave. Justification for Change The justification for change is to allow an existing use to expand and meet its current needs. The request will minimally impact the surrounding properties. These impacts are as follows: Traffic: The existing traffic patterns and traffic counts on Colonial Avenue limit ingress /egress to 23"' Street during peak hours of traffic on Colonial Avenue. These hours are typically between 6AM -9AM and 4PM -6PM during the weekdays. The current use and expansion will not affect these peak hours. The expansion according to the ITE trip generation manual will generate approximately 6 trips per hour during these times. The proposed expansion will have peak hours on Sunday when the traffic on Colonial Avenue will be less than weekday traffic. On Sundays, the peak hour for the proposed expansions will generate approximately 77 trips per hour, and approximately 239 trips per day according to the ITE trip generation manual. This increase in traffic will be minimal compared to the amount of traffic on Colonial Avenue. Please refer to Appendix for supporting Trip Generation Calculations. Water and Sewer Demands: The proposed expansion will not burden the current water and sewer infrastructure. Similar to traffic, the demand on these systems will be during off peak hours and will be minimal. Stormwater Impacts: The proposed expansion is located in an area that is currently part of the Church's existing stormwater management facility. This will result in a re- configuration of the existing stormwater management system. The increase of stormwater runoff will be managed accordingly. This area lacks stormwater infrastructure and relies on overland flow and infiltration. The proposed expansions will maintain these drainage patterns. A Stormwater Management design will be implemented to meet current City Stormwater codes. The current code addresses Stormwater quality, quantity, flooding, and downstream channel analysis. These measures will lessen the impact to the surrounding properties. June 4, 2014 Page S of 13 Rezoning Application Calvary Memorial Church Visibility: The current use is visible from Colonial Avenue and 1 -581. The expansion will improve the building elevation along Colonial Avenue and 1 -581 and introduce more landscaping to improve the aesthetics of the property. Parking: The proposed expansion will require new parking. The Church intends to construct a new parking lot on properties they already own that are currently zoned MX and allow for offsite parking. These properties are on the south side of the alley. Considering the current parking arrangements and the proposed parking lot, adequate parking will be provided. Please refer to the Appendix for the proposed parking plan. Availability of other similarly zoned pmoerties i the area The availability of similarly zoned properties in the general area is very limited. Most existing IN districts are currently established by existing uses. Relationship to City's Comprehensive/Area PlanW This request is in conformance with the City of Roanoke Comprehensive Plan and Franklin Road /Colonial Avenue Plan by addressing the following: • Maintain Institutional Land Use. • Building expansion facades will be positioned close to Colonial Avenue, include offsets to existing building, and be of similar material. • Any proposed parking will be behind the building. • Parking will be limited to the minimum amount needed by the Church. • Landscaping will be proposed along Colonial Avenue and 23'd Street • Curb, gutter, and sidewalk will be provided along Colonial Avenue. The development plan in this application support these guidelines. June 4, 2014 Page 6 of 13 a. Development Plan b. Building Plan c. Building Elevations d. Overall Parking Plan e. Trip Generation Calculations Rezoning Application Calvary Memorial Church June 4, 2014 Page 7 of 13 'O �w �•M�'�'� wor8pjaljrd'e.Mnn 'JNI'dnOU9 N91S3O L9LS-68E-ObS!XU a A g d VA 031"BOy +o Ala uOI;W011ddy GuluozYa 03Nnr OLOZ'3ivC 9900iL:ON 103rO8d ES I-L8['%S:iw4d _I � ESIK tlulgJIA'WQIeS v� uolsue x3 qO nqo lepoweW eAle7 ueid 3uowdolOAao Aa =.L 3lYJS og penal ^�B 918 Y C O _ � O N o tt Q > W N > NU O E a �Otl z� �Qa T n W =_' g a ! m I o 3 o 3- e 0 cc —v �9 o a T e n j 5 xn LL O y 02 Yrc °01 -3 z — m AS Y q :F C � p C Y C fp C C 32 .i _ W O R N z 4 r7i W° ih E 3 �n = yW1 ` E �= Off' C tl z =,LL�2 q,d o� W� c IN a N of E o ' f t ° Ety #�i e;aE O t Vim wc12 Ly -d �t p wri = =Cf°n 2�0 F m o ;sg=x CWT G } °ryn tt I:J Q et�aa N N C E E E LL W or m s •a 133111S EINEZ 312 2 FE 2 Z PR ean,m3 N m ' a 9 I } f v' ��U a 1 3 ?ilUNOWW�'D �A'3 bm'�"�' CIO a 4 } o N O aa n 0 � O C N o > U -k b O N U Cd 0 IN Colonial Avenue Elevation PROPOSED ADDITION 1 -581 Elevation PROPOSED ADDITION MS-68f-OK --XJ^ 'OW'dfIONO N01fl0 L9L5-68E-OK >Ri d a 3[ i E d ESI I -LBE-OK -x Q ESIK rolSJ!A'NaIK P"^aMM 918 ' Ywir eloL 3Lr0 F a 8 oumo b uopeoJJddy BYl Ril'J YOZiJJ I 99Otr >L ON l33nad uoJeumdx3 ywnyo JmNowe" Ri"Iso amid BYPNmd 11940AC x ' kA On�e W z � N 6N G0 x o 5v u o 5' W0 NdC CZ a 21 a Oe5 of <d f R N 3 ? W'IW go o � C E7¢ a IL zo. 0 s I�.. Trip GananUan Calculation f•Igw MmsYl Qu.11 OII at Ilwde apr nbnl. w0.: FYOF Uw CAasWkvtbn iFutumTrips aWt.a..wrmlam. uw..•or.].e. hYlbgrm... tamic.e.. rlgw[er.Y.eq lip nF[ ME WI nE YF a..[.Wa taWS . bOMh WNYIN LIVN SgkaV W..Ww LIMWY Ytlw W..IN ].9.IM WnMw YIWn w.YN •.NM W.f1A.t wAGm. ylayw Sypw wwww 19Y•e Ww1tlw 1NO.w W.fWw •NM WMYr iM Gen. LWat lmlar 1.All al M nAl V] 1111 ]II 01{ ' 1 635 6F 1F Ile 11 V 11 19 tl 1}l lqy. In ell ]II 1 1 It 1 17 1 Al 1 la M !L Trip InLY _ I 1 59 1 F ]I9 • 6 • 6 L n MM 1FUrNNy[.nl LrtN 9rYfG OEM IW Y1mfn ]mtl9YI ftY.bvYM1YwB NMI4ifGQR IW 9.AMn f 1tl YM �Rf l.b GgW.lYl MYVII .WR.ffu1MM1111n�gYlllMg41F91f1W O1fn.tl1E.UYl. 1rp GeMmimpn.QmlgYgWfbgl4M W Eaistln{Trips aW)m..ImoMewn fle•elM OYtT.M. M1.9Yw ].onamwew.0 oaaY.awflmr.p nF[ igYO.SFpnS r. w.eHM w«W9 •-PM wMwG)Nw ' yLU )11711 F. M Y e Y .n Y w•MM1G1 w•w4} 1Y 4� 1 w9YRv GIN . n. FwK p .i yI,)v Y J9I3 Ila M .11 ' 1 1 9qI. its IH .n ] 11 1 ) I v Y Iv Trip InLY _ I 1 59 1 F ]I9 • 6 • 6 L n MM 1FUrNNy[.nl LrtN 9rYfG OEM IW Y1mfn ]mtl9YI ftY.bvYM1YwB NMI4ifGQR IW 9.AMn f 1tl YM �Rf l.b GgW.lYl MYVII .WR.ffu1MM1111n�gYlllMg41F91f1W O1fn.tl1E.UYl. 1rp GeMmimpn.QmlgYgWfbgl4M W 2226 Colonial Avenue SW M #s 1271101 -6 Adjoining Property Owners List TAXID Local Address Owners Mail Address Mail City Mail State Mail Zip 1270544 2301 COLONIAL AVE SW BDW MANAGEMENT INC 517 WALNUT AVE ROANOKE VA 24014 1270719 2121 COLONIAL AVE SW TOWERS RETAIL LLC 8405 GREENSBORO DR MCLEAN VA 22102 1271006 2302 COLONIAL AVE 5W BURGOON SERVICES INC 2302 COLONIAL AVE SW A STE ROANOKE VA 24015 1271016 0 SANFORD AV SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271109 2231 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271110 2227 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271111 2223 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271112 2219 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271113 2215 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271114 2209 SANFORD AVE SW CALVARY MEMORIAL CHURCH INC 2226 COLONIAL AVE SW ROANOKE VA 24015 1271115 2207 SANFORD AVE SW HAZELRIGG BONNIE LOUISE P & 2203 SANFORD AVE SW ROANOKE VA 24014 NICHOLS ROSANNA BANE 1271116 2203 SANFORD AVE SW HAZELRIGG BONNIE L 2203 SANFORD AVE SW ROANOKE VA 24014 1271231 0 COLONIAL AV SW BROWN MULE PROPERTIES LLC 2942 ROSALIND AVE SW ROANOKE VA 24014 VICINITY MAP/ ZONING MAP EXCERPT 2226 Colonial Ave., SW (TN 1271101, 1271102,1271103,1271104, 1271105,1271106) Legend Q Subject Property Base Zoning District Residential - Agriculture, RA Residential Single - Family, R -12 Residential Single - Family, R -7 Residential Single - Family, R -5 Residential Single - Family, R -3 Residential Mixed Density, RM -1 Residiential Mixed Density, RM -2 Residiential Multifamily, RMF Mixed Use, MX Commercial- Neighborhood, CN Commercial - General, CG Commercial -Large Site, CLS Downtown, D Institutional, IN Recreation and Open Space, ROS Urban Flex, OF Light Industrial, 1 -1 Heavy Industrial, 1 -2 Airport Development, AD Mixed Use Planned Unit Development, MXPUD Institutional Planned Unit Development, INPUD Industrial Planned Unit Development, IPUD Conditional Zoning r_ I i f7-1`7-FT771 N 0 20 40 80 Feet 1 inch = 83 feet CITY OF ROANOKE - PDV STEPHANIE M. MOON REYNOLDS - MMC, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date August 06, 2014 Date Category Description Ad Size Total Cost 08/12/2014 Legal Notices PUBLIC HEARING NOTICE - August 12 2014 1 x 169 L 830.64 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE - A was published in said newspapers on the following dates: 08/06/2014 ( AV The First insertion being given ... 08106/2014 c Newspaper reference: 0000058706 %c0 `•.�""�\ F Sworn to and subscribed before me this Wednesday, August 6, 2014 Nota \i Witness State of Virginia City /County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning, Building and Development office, Room 166, 215 Church Avenue, S.W., 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 public hearings on August 12, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area The comprehensive plan designates the property for office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by IETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CIS, Commercial -Large Site District, and CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, and 1.1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified 1 -1 portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution: laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site: utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses. not otherwise listed in the table. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment: public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the 1 -1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility: agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc.. to amend the Planned Unit Development Plan ("Plan") for the property located at 1130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269- 120505, on December 5. 2005, The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk (58706) The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV STEPHANIE M. MOON REYNOLDS - MMC, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 Account Number 6011439 Date August 12, 2014 Date Category Description Ad Size Total Cost 08/12/2014 Legal Notices PUBLIC HEARING - August 18 2014 1 x 55 L 561.60 PUBLIC HEARING NOTICE The public hearing advertised herein will be held in the City Council Chamber, fourth floor. Room 450. Noel O. Taylor Municipal Building. 215 Church Avenue. S.W.. Roanoke, Virginia. The application is available for review in the Planning. Building and Development office. Room 166. 215 Church Avenue. S.W.. Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearing should contact Planning, auilding and Development at (540) 853 -1730 at least five days prior to the scheduled hearing. City Council will hold a public hearing on the following application on August 18. 2014, at 7:00 p.m., or as soon as the matter may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226. and O Colonial Avenue. S.W.. bearing Official Tax Nos. 1271101. 1271102, 1271103, 1271304, 1271105. and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. The land use categories permitted in the INPUD District include residential: accommodations and group living: commercial; assembly and entertainment; public, institutional and . —a—m1v frciliti G.c transportation; utility: agricultural; and accessory, with a m density of unit e dweliing per 1,800 square feet of lot area. The comprehensive plan d.ignates the property for institutional m l x, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds. MMC. City Clerk (58714) Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING - August 1 was published in said newspapers on the following dates: 08/05,08/12/2014 The First insertion being given ... 08105/2014 Newspaper reference: 0000058714 I t %�rhi Jii . _ Nl�, I-,IIMMISSION �_r n _ yXpII z 1` �N ' 1.1 Sworn to and subscribed before me this Tuesday, August 12, 2014 State of Virginia City /County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning, Building and Development office, Room 166, 215 Church Avenue, S.W., 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 public hearings on August 12, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by JETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 431 1204. The application is to rezone the property subject to the application from CLS, Commercial -Large Site District, and CG, Commercial- General District, to MXPUD, Mixed Use Planned Unit Development District, and I -1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified I- l portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the I -1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ( "Plan ") for the property located at 1 130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269 - 120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271101, 1271 102, 1271103, 1271 104, 1271 105, and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional mix, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on July 30 and August 6, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -1730 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 S "I'NPIIANIE M. MOON REVNOLDS, MMC City Clerk Sheldon Bower Parker Design Group 816 Boulevard Salem, Virginia 24153 Dear Mr. Bower: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone (540)853-254l Fax: (540) 853 -1145 E-mail: clerk(h roanokcva.gov August 13, 2014 JONATFIAN E. CRARr, CMC Deputy City Clerk CECELIA'r. WEBB, CMC Assistant City Clerk 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, August 18, 2014, 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 Calvary Memorial Church Inc., to rezone property located at 2226 and 0 Colonial Avenue, S. W., from IN, Institutional District, to INPUD, Institutional Planned Unit Development District for use as a place of worship. The City Planning Commission at its meeting held on Tuesday, August 12, 2014, on a 6 -0 vote, approved your request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853- 1730. Lastly, it will be necessary for you, or your representative, to be present at the August 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Cecelia ebb, CMC Assistant City Clerk Sheldon Bower August 13, 2014 Page 2 PC: Calvary Memorial Church, Inc., 2226 Colonial Avenue, S. W., Roanoke, Virginia 24015 BDW Management, Inc., 517 Walnut Avenue, S. W., Roanoke, Virginia 24014 Towers Retail, LLC, 8405 Greensboro Drive, McLean, Virginia 22102 Burgoon Services, Inc., 2302 Colonial Avenue, S. W., Suite A, Roanoke, Virginia 24015 Bonnie Hazelrigg and Rosanna Nichols, 2203 Sanford Avenue, S. W., Roanoke, Virginia 24014 Brown Mule Properties, LLC, 2942 Rosalind Avenue, S. W., Roanoke, Virginia 24014 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk@)roanokeva.gov STEPHANIE M. MOON REYNOLDS, MMC City Clerk July 14, 2014 Sheldon Bower Parker Design Group 816 Boulevard Salem, Virginia 24153 Dear Mr. Bower: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, July 21, 2014, 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 Calvary Memorial Church Inc., to rezone property located at 2226 and 0 Colonial Avenue, S. W., from IN, Institutional District, to INPUD, Institutional Planned Unit Development District for use as a place of worship. At the regular meeting of the City Planning Commission held on Tuesday, July 8, 2014, the request was continued until its next meeting scheduled on Tuesday, August 12, 2014. Due to there being no recommendation to the Council regarding the abovementioned request, please be advised that City Council currently has no jurisdiction regarding the matter, and therefore no action shall be taken by the Council at its July 21 s` meeting. Sincerely, kt - o)> Stephanie M. Moon Reynol s, MMC�� City Clerk SMM:ctw Sheldon Bower July 14, 2014 Page 2 pc: Calvary Memorial Church, Inc., 2226 Colonial Avenue, S. W. Roanoke, Virginia 24015 BDW Management, Inc., 517 Walnut Avenue, S. W., Roanoke, Virginia 24014 Towers Retail, LLC, 8405 Greensboro Drive, McLean, Virginia 22102 Burgoon Services, Inc., 2302 Colonial Avenue, S. W., Suite A, Roanoke, Virginia 24015 Bonnie Hazelrigg and Rosanna Nichols, 2203 Sanford Avenue, S. W., Roanoke, Virginia 24014 Brown Mule Properties, LLC, 2942 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Candace R. Martin, Acting Secretary, City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 STITHANIF. M. MOON REYNOLDS, MMC E-mail: clerk(n`roanokeva.gov City Clerk August 19, 2014 Sean Horne, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: JONATHAN E. CRAFT, CMC Deputy City Clerk CECE.LIA 7'. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40032 - 081814 rezoning properties located at 2141 and 0 Dale Avenue, S. E., respectively, from CG, Commercial - General, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, subject to certain proffered conditions as set forth in the Zoning Amendment Amended Application No. 2 dated July 3, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014; and is in full force and effect upon its passage. S' ecelia T. Webb, CMC Assistant City Clerk Enclosure PC: E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 William Vaughan, 2128 Fallon Avenue, S. E., Roanoke, Virginia 24013 Park 21 Limited Partnership, 2101 Fallon Avenue, S. E., Roanoke, Virginia 24013 PDI Realty, Inc., 208 Bent Pine Trace, Hendersonville, North Carolina, 28739 G Adams, LLC, 5967 Landview Drive, S .W., Roanoke, Virginia 24018 Realty Income Properties 19, LLC, P. O. Box 1017, Charlotte, North Carolina 28201 Sean Horne, Agent August 19, 2014 Page 2 L and M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Ricky and Denise Rucker, 2032 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Willard Simpson, II, 2046 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Patricia Blankenship, Trustee, Blankenship Living Trust, 2056 Kenwood Boulevard, S. E., Roanoke, Virginia 24014 Robin Hungate, 2028 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 James Terry, 2010 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Joe Stevens and Rosalinda Brown, 1495 Murray Hollow Road, Thaxton, Virginia 24174 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40032 - 081814. 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 properties within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201 and the entire lot located at Zero Dale Avenue, S.E., bearing Official Tax Map No. 4311204, rezoned from CG, Cormnercial- General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and I -1, Light Industrial District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2014, 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 properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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 a portion of Official Tax Map No. 4311201 and the entire lot of Official Tax Map No. 4311204, located at 2141 and Zero Dale Avenue, respectively, be and are hereby rezoned from CG, Commercial- General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and I -1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 3, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. /T A55r`Ydl1tCity Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Application by JETR, LLC to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 431 1201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204 from CLS, Commercial -Large Site District, and CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions. Recommendation The Planning Commission held a public hearing on Tuesday, August 12, 2014. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding Amended Application No. 2 is consistent with the City's Comprehensive Plan, Morningside/Kenwood /Riverdale Neighborhood Plan, and Zoning Ordinance as a parcel will be redeveloped for an active use appropriate to the surrounding area. Application Information Request: Rezoning with Proffered Conditions Owner: Carolyn S. Powell, Dale Avenue Investments, LLC (Official Tax No. 431 1201) Vickie Clarke (Official Tax No. 431 1204) Applicant: Joe Thompson, JETR, LLC Authorized Agent: Sean Horne, Balzer and Associates Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: A portion of 2141 and the entirety of 0 Dale Ave Official Tax Nos.: 4311201 and 4311204 Site Area: 5.86 acres Existing Zoning: CLS, Commercial -Large Site District and CG, Commercial - General District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions Existing Land Use: Retail Sales Establishment and Vacant Proposed Land Use: Commercial Center and Warehouse Neighborhood Plan: Morningside/Kenwood /Riverdale Neighborhood Plan Specified Future Land Use: Village Center Filing Date: Original Application: June 05, 2014 Amended Application #11: June 23, 2014 Amended Application #2: uly 24, 2014 Background In the earlyl 970s, the commercially zoned property at the southwestern corner of Dale Avenue and Vernon Street was developed as Parkside Plaza. The subject property was part of the shopping center for many years, but has been only partially occupied in recent years. The applicant met with planning staff to discuss redevelopment of the property for a commercial center to include retail sales establishment, eating establishment, financial institution, medical clinic, and warehouse uses. The proposed uses are permitted in both the CG (Commercial - General) and CLS (Commercial -Large Site) districts with the exception of warehouse; however, the proposed site layout and future subdivision could not be accommodated under the dimensional regulations of the CLS and CG district. A zoning pattern using the MXPUD and 1 -1 districts was determined to be the best way to accommodate the proposed uses and site layout. In June 2014, the applicant filed an application to rezone the property from CLS and CG, to MXPUD and 1-1, with conditions. The applicant subsequently amended their application addressing some of staff and Planning Commissioner comments. The development plan depicts entrance locations, building locations on the parcel, fa4ade transparency of some buildings, building materials, and associated site development. Conditions Requested for Repeal and Proffered by the Applicant The applicant hereby agrees to proffer the following condition as they apply to the 4.4016 Acre Portion of Official Tax Number 4311201 and Official Tax Number 431 1204, being rezoned from CG and CLS to MXPUD and 1 -1 . The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit A, "Development Plan ", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The permitted uses in the 1 -1 zoned portion of the property will be limited to the following: Warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general 2 or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production, retail; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick -up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection, basic; wireless telecommunications facility, stealth; agricultural operations; accessory uses, not otherwise listed in the table. Considerations The subject property proposed for rezoning is in a partially vacant shopping center at the corner of Dale Avenue and Vernon Street. Specifically, the property currently contains 42,000 square feet of partially occupied and underused retail space. The proposed redevelopment of the property changes the current development of the site with 72,500 square feet of space in five buildings scattered over the site. Two of the new buildings will face Dale Avenue. The three remaining new buildings are in the back half of the property accessed by a shared access drive. The development of this parcel functions as part of a larger commercial center at the corner of Dale Avenue and Vernon Street noted in the Neighborhood Plan as a Village Center. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots 3 Zoninq District Land Use North ROS, Recreation and Open Space Park or Playground District South RM -1 , Residential Mixed Density Dwelling, Single - Family Detached District East CLS, Commercial -Large Site District Retail Sales Establishment, Not Otherwise Listed; West RM -2, Residential Mixed Density Dwelling, Single - Family Detached District and Multifamily Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots 3 which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. The purpose of the 1 -1 District is to provide for a range of wholesale, warehousing, distribution, storage, repair and service, assembly or processing, fabrication or manufacturing, accessory commercial and office uses, intensive commercial uses, and other types of uses such as flex space. The regulations of the 1 -1 District are intended to mitigate conflict between adjacent uses within the district and to protect neighboring nonindustrial districts and uses. Except where specified otherwise, buffering and screening shall be installed in side and rear yards behind the building line of the lot being developed such that it reduces the visual impact of the structures, activities, or uses on abutting properties and public rights -of -way, as applicable, considering sight lines from those abutting properties and public rights -of -way, as applicable. Buffering, screening, and additional site development features that are required or regulated by the zoning ordinance are not all shown on the development plan. These details will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Morningside/Kenwood /Riverdale 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 has been part of an existing shopping center and the use remains appropriate in this area. The development plan allows for continued development of the property in a manner that assures a compatible development pattern with the surrounding neighborhood through the placement and orientation of the buildings, scale of buildings, entrance and glazing location, defined materials, and associated site development. Relevant policies and action items in the Comprehensive Plan include: 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. M 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. City Design: 4.3 Design Illustrations and Schematics 4 1 �I Warebouse /d'mnbmim New hMsnpen entry Reuse of Older Commercial Center m9hborhood Ahe Nee, remv sh�m ,.ro Wit in feener ,&,lot Design Schematic: Reuse of Older Commercial Center Land Uses: Site is rezoned to permit mixture of commercial and light industrial uses such as distribution, warehousing, and retail space. New infill buildings are added along street frontage to provide showroom, retail, and /or office space. Residential uses are not relevant in this example, although they could be considered as second -level space in other situations. Traffic: Impact on surrounding neighborhood area is minimized by limiting access to the site from main roadways. Sidewalks are added tee, along the main frontage of the site with articulated crosswalks in colored pavers at the entrance to the parking area. Parking: Off - street parking is provided on site. Landscaping along building edges may be used to offset requirements for landscaping on paved parking area. Maximum parking requirements will reduce amount of parking; parking requirements will be calculated by use; shared on -site parking is permitted. Buildings: New buildings along property line will be a minimum of two stories in height, will not be set back from front building line, and must have SO% glass on the first floor to create visual attractiveness. Awnings, canopies, and other fa4ade improvements are encouraged on buildings along street frontage. Streetscape: Landscaping along the street frontage will be limited to street trees planted in the planting strip along the road frontage. 9 ,�. Warebouse/drtnburbn in ad 1 Belwe � iatn. e , m9hborhood Ahe Nee, remv sh�m ,.ro Wit in feener ,&,lot Design Schematic: Reuse of Older Commercial Center Land Uses: Site is rezoned to permit mixture of commercial and light industrial uses such as distribution, warehousing, and retail space. New infill buildings are added along street frontage to provide showroom, retail, and /or office space. Residential uses are not relevant in this example, although they could be considered as second -level space in other situations. Traffic: Impact on surrounding neighborhood area is minimized by limiting access to the site from main roadways. Sidewalks are added tee, along the main frontage of the site with articulated crosswalks in colored pavers at the entrance to the parking area. Parking: Off - street parking is provided on site. Landscaping along building edges may be used to offset requirements for landscaping on paved parking area. Maximum parking requirements will reduce amount of parking; parking requirements will be calculated by use; shared on -site parking is permitted. Buildings: New buildings along property line will be a minimum of two stories in height, will not be set back from front building line, and must have SO% glass on the first floor to create visual attractiveness. Awnings, canopies, and other fa4ade improvements are encouraged on buildings along street frontage. Streetscape: Landscaping along the street frontage will be limited to street trees planted in the planting strip along the road frontage. 9 The redevelopment of the property fulfills the City vision for redevelopment of underused parcels in older commercial centers at key intersections with uses and forms that are appropriate to the surrounding neighborhood. The new buildings and associated site development place additional commercial uses along the street and internal access drive while placing industrial uses at the back corner of the site. It will conform to current development standards such as parking area, landscaping, and lighting. The redevelopment of the site will serve as an important commercial hub for the Kenwood and Fallon neighborhoods while serving a large sector of southeast Roanoke. The Morn ingside/Kenwood /Riverdale Neighborhood Plan recognizes village centers a key component to the neighborhood. There are eight existing village centers that provide convenient access to goods and services to neighborhood residents. The subject property as part of the old Parkside Plaza is part of a large village center where many larger uses are appropriate such as grocery stores, drug stores, specialty stores, and offices. Relevant policies and action items in the plan include: Community Design: • Village centers: Neighborhood activity will be focused into eight village centers. Development in these areas should be dense and compact in size. Uses in village centers should generally be neighborhood- oriented commercial with some uses serving the larger community. • Building scale: Buildings in small and pedestrian - oriented village centers should have at least two stories to encourage efficient use of limited commercial land, diverse uses, and a compact village design. Residential buildings should be at least two stories in most cases except in limited areas such as Riverdale and sections of Kenwood, where one -story buildings are common. The number of stories should be guided by the surrounding buildings. • Building location: To encourage a pedestrian environment and desirable streetscape, buildings in village centers should be placed close to the street, immediately adjacent to the sidewalk. Auto - oriented village centers should encourage viable streetscapes and pedestrian walkways. Storefronts in small and pedestrian oriented village centers should be limited to the front of the property line to maximize the rear yards. Established building lines of existing development should be used to guide placement of infill dwellings. • Plant street trees: Trees should be planted along arterial and collector streets. Mature trees with substantial canopies are an important part of a well- designed street. Preferably, they should be in the planting strip between the sidewalk and the street to create separation between pedestrians and motor vehicles. If the planting strips are too narrow, trees may be planted in curb extensions or another location within the public right -of -way. • Incompatible land uses: Industrial uses should have as minimal impact as possible on adjoining residential areas in terms of visibility, noise, and air quality. Economic Development: • Parkside Plaza, near the city limits on Dale Avenue, is a future development opportunity. It was originally developed as a small strip shopping center. Vision 2001 -2020 encourages a "grey field redevelopment" model that develops street frontage buildings for retail uses and the larger rear buildings for light industrial uses, with parking on the interior of the development. Parkside Plaza is an ideal candidate for this type of redevelopment. Infrastructure: • Streetscapes: Streetscapes should be well- maintained, attractive and functional for pedestrian, bicycle, and motor vehicle traffic. Traditional neighborhood streets should have urban amenities such as sidewalks and curb and gutter. The principal consideration is whether the proposed rezoning and proffered development plan and conditions are consistent with Vision 2001 -2020 and the Morningside/Kenwood /Riverdale Neighborhood Plan. The commercial center at the intersection of Dale Avenue and Vernon Street has been an important part of the community's development pattern for many decades. This change to the property will facilitate the redevelopment of an underutilized commercial site that will bring new life and services to this neighborhood and could increase other residential and commercial development in the area. Overall, staff finds that the rezoning as proposed is consistent with these plans as it enables an expansion of a currently underused property in a manner appropriate to the surrounding area. Public Comment Summary None. Planning Commission Work Session (tune 20 and July 18. 2014): • Provide information about the elevations of the buildings fronting Dale Ave and the location of the dumpster. 7 Applicant Response to Staff, Public, and Planning Commission Comments The applicant submitted Amended Application No.2 addressing comments received from the Planning Commission and staff. Mac� U&rA?% Mark Futrell, Vice -Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Joe Thompson, JETR, LLC Carolyn S. Powell, Dale Avenue Investments, LLC Vickie Clarke, Owner Sean Horne, Balzer and Associates Inc. 0 Zoning Amendment .� - . pplication Department of Planning, Building and Development Room 188 Noel C. Taylor Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: '7 3 2014 Submittal Number: Amended Application No. 2 t Zsa(ae! alt fF►at_�; ❑ Rezoning, Not Otherwise LisNd Rezoning, Conditional ❑x Rezoning to Planned Unit Development ❑ Establishment of Comprehens ve Sign Overlay District Address: 12141 AND 0 DALE AVE ROANOKE Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Official Tax No(S).: 4311201 AND 4311204 Existing Base Zoning: ❑With Conditions (If multiple zones, please manually enter all dist•icts) CG, Commercial- General and CLS ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): N/A ❑x With Conditions proposed Requested Zoning: MXPUD AND f -1 I ❑ Without Conditions PraRe Owner Infartmations COMMERCIAL CENTER Land Use: Name: Dale Avenue Investments, LLC Phone Number: +1 (540) 362 -8552 Address: 1509 York Strt,�d3F�loo�r, Denver CO 80206 E -Mail: Property Owner's Signature 1*n (N d ffmirit }IQmJi1KneK)i Name JETR, LLC -� Phone Number. +1 (540) 354 -8653 Address: 133 KIRK AVE ROANOKE VA 24011 E -Mail: JOE @THOMPSONVC.COM Name: Balzer and Associateslnc. Phone Number: +1(540)772 -9580 Address: 11208 Corporate Circle Roanoke, Va 24018 Authorized Agent's Signature: E -Mail: shorne @balzeccc Zoning Amendment Application �,�►� Department of Planning, Build ng and Development R OA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Click Here to Print Phone. (540) 853 -1730 Fax, (540) 853.1230 Date [7-3-2014 J Submittal Number: Amended Application No.2 Re,ques -tjselecta11.that apply) ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Oveday District Prooertv Information] Address: 2141 AND 0 DALE AVE Official Tax No(s). 4311201 AND 4311204 Existing Base Zoning: ❑ With Conditions If multiple zones, lease manual) enter all districts. CG, Commercial - General and CLS ( p p y ) ❑x Without Conditions Ordinance No(s). for Existing Conditions (If applicable): ❑ Requested Zoning M With Conditions Proposed COMMERCIAL CENTER ❑ Without Conditions Land Use: Prooqfty_Owner Information: Name: ( Vickie Clarke Address: 1�06 Penguin Drive Roanoke, VA 24018 Phone Number. 1 +1 (540) 798 -3957 E -Mail: VickieC23 @aol.com Property Owner's Signature: Appifc_ant Information (if diffierent from owner): Name: IJETR, LLC _ —� Phone Number; +1 (540) 354 -8653 Addre.s�s:-� 133 KIRK AVE ROANOKE VA 24011 E -Mail: of @THOMPSONVC.COM Authorized A ent Informs ion_(if a°alicable): Name Balzer and Associates Inc. Address 11208 Corporate Circle Roanoke, Va 24018 Authorized Agent's Phone Number: +1(540)772 -9580 E -Mail: shorne @balzeccc MANAGCR'S CERTmCATE FOR LLC July 3.2014 Phis letter authorizes Carolyn S. Powell, as agent and representative for Millennium Venture Group, Inc., its agents, representatives and subcontractors (collectively the "Developer ") to be the authorized signatory for Dale Avenue investments. LLC. DALE AVENUL INVESTMENTS. LLC, a Colorado limited liability company By- MVG WM INVEs rMLNTS, LLC, a Colorado limited liability company By: MILLENNIUM VEN rURE GROUP_ INC., a Delaware corporation, its Manager By LLD Name: Michae ailey Title: President PARKSIDE COMMONS REZONING REQUEST NARRATIVE: The purpose of this request is to rezone a portion of Tax Parcel 4311201 and the entirely of Tax Parcel 4311204 from CG (Commercial - General) and CLS (Commercial -Large Site) to MXPUD and 1-1(Light Industrial) to allow for the development of a new Commercial Center. The total acreage being rezoned is 5.86 acres + / The property currently has approximately 42,000 sf of partially occupied and underutilized retail space on the subject portion of the property. This rezoning request provides for the complete redevelopment of the site into a new mixed use commercial center. The request for a portion of the property to be rezoned to 1 -1 is to allow for the construction of a 3 Story, fully enclosed and conditioned, warehouse storage facility on Parcel B. The use of the 1 -1 property will generally be limited to the warehouse storage facility and other uses that are commonly allowed in both 1 -1 and MXPUD, however specific uses permitted are listed in the proffered conditions, Exhibit B. The Contract Purchaser, JETR LLC, is proposing to remove the existing outdated 42,000 + /- sf building and replace it with a New Center. It is currently anticipated that the new center will be comprised of five building totaling approximately 62,000 sf. There are two out parcels planned fronting on Dale Ave and three additional parcel located toward the center of the property. A central shared drive will be developed to serve all the parcels. In addition to the warehouse storage facility, it is anticipated that the development will consist of a mix of retail, office, restaurant, and financial institutions. The attached development plan (Exhibit A) shows the layout of the proposed improvements. There is currently a large cut bank that generally ranges in height from 20' to 40' along the southern and western property lines. This bank provides a natural buffer and barrier between the adjacent residential and the proposed development. The site will be accessed from the existing entrances on Dale Ave and no curb cuts will be permitted on Dale for the individual Parcels. Traffic patterns and volumes were considered with the adjacent commercial development. Cross access will be provided throughout the development and cross access will be provided across the adjacent grocery store site for access to Vernon St. The site has been designed for orderly and efficient traffic circulation. Pedestrian accommodations are provided throughout the proposed development through The provisions of sidewalks that connect the individual building, access drives, and adjacent public streets. This Project has been designed to be in conformance with the City's Comprehensive Plan. The site is designated as Village Center in the Momingside /Kenwood /Riverdale Neighborhood Future Land use Plan and the proposed development certainly fits within this designation. This Project maintains the concentration of higher density development in a designated village center as called for in the plan, provides reuse of a partially vacant center, appropriately orients new commercial development, and provides appropriate site design and pedestrian accommodations. This project rejuvenates an underutilized site and develops it with a dynamic use to serve the community. On behalf of JETR, LLC we are requesting approval of this application for rezoning. This project will provide significant enhancement to the site and provide a new service to the residents. It will provide for the rehabilitation of the existing center and will be a valuable asset for the surrounding community, which will serve to further benefit the City of Roanoke. Table 1: Site - Generated Traffic Land Use AM Peak Hour PM Peak Hour Weekdaw, Proposed ITE Independent Enter ExN Total Enter EA Total Total Development Code Variable Industrial 110 45,000 s.f. 32 5 37 5 35 40 283 Retail 820 18,000 s.1. 10 5 15 29 32 61 692 Bank 912 3,500 s.f. 22 16 38 39 38 77 467 Fail Food 934 4,000 sT 84 80 164 61 57 118 1787 J Total 148 106 2 134 182 295 54 3229 Table 2: Proposed Site wl 10% Internal Capture Reduction - Trip Generation Land Use AM Peak Haur _PM Peak How Weekda Proposed ITE Independent Enter Exit Total Enter Exit Total Total Development Code Variable Industrial 110 45,000 a.f- 32 5 37 5 35 40 283 Retail 820 18,000 sf. 10 5 15 19 21 40 519 Bank 912 3,500 s.f. 22 16 38 21 20 41 350 Fast Food 934 4,000 s f. 43 41 ti4 31 29 60 894 1 Total 148 106 254 I 134 182 296 2046 Table 3: Proposed Site w/ 10% Internal Capture and Pass -By Reductions Tdp Generation Land Use AM Peak Hare PM Peak Hour Weekday Proposed Development ITE Code Independent Variable 45,000 s.f. I 18,000 s.l. Ij 3,500 s.f. 4,000 5.f. Total Enter 36 11 24 93 164 ExN Total Enter Exit Total Total Industrial Retail Bank Fast Food l __._.. ,... 110 820 912 934 5 6 41 17 42 182 5 39 44 314 32 35 67 769 18 89 43 68 42 85 519 63 131 1985 118 282 148 179 327 3567 Table 1: Site - Generated Traffic Land Use AM Peak Hour PM Peak Hour Weekdaw, Proposed ITE Independent Enter ExN Total Enter EA Total Total Development Code Variable Industrial 110 45,000 s.f. 32 5 37 5 35 40 283 Retail 820 18,000 s.1. 10 5 15 29 32 61 692 Bank 912 3,500 s.f. 22 16 38 39 38 77 467 Fail Food 934 4,000 sT 84 80 164 61 57 118 1787 J Total 148 106 2 134 182 295 54 3229 Table 2: Proposed Site wl 10% Internal Capture Reduction - Trip Generation Land Use AM Peak Haur _PM Peak How Weekda Proposed ITE Independent Enter Exit Total Enter Exit Total Total Development Code Variable Industrial 110 45,000 a.f- 32 5 37 5 35 40 283 Retail 820 18,000 sf. 10 5 15 19 21 40 519 Bank 912 3,500 s.f. 22 16 38 21 20 41 350 Fast Food 934 4,000 s f. 43 41 ti4 31 29 60 894 1 Total 148 106 254 I 134 182 296 2046 Table 3: Proposed Site w/ 10% Internal Capture and Pass -By Reductions i 11 " �e j)) i iJ��il { i E NOI1JOtl15NOJ tl0f lON E 1� { '� 11 � F AWMWIl3tle NV1d 1N3YdOl3/130 i e i �I .. II ¢ 3�Y Ype q 6RR% SNOWW003OISNNtld 3 4ZZOW AL L" in U d� - - - - -- of i� - - - -- %Iq I YI I a R 1 I II n� +vl I ill I�I I I IIII�I� IF W I� il!I; ya Ji S � � Y a a E qx Iasgi €ikp-jullg 5' pIA" 7' 5 �yyyy��9$b ' e 9£� G 4 4 YgYSpp -y� pga gg y� @3apg y33Y „ gepp gyy a ygey9 A!� @v7Ge9y9y GAde s N FL4� ` EE I� r I I� 'k sl Se 4 3g@ S? a9 ge 'R;9jg k�i 59 F ;a �? six IS oil eS 19ak ig8 g g 11513 Exhibit B DALE AVE.REZONING REQUEST PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following condition as they apply to the 4.4016 Acre Portion of Official Tax Number 4311201 and Official Tax Number 4311204, being rezoned from CG and CLS to MXPUD and 1 -1. 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit A, "Development Plan ", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The permitted uses in the 1 -1 zoned portion of the property will be limited to the following: Warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse : business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production, retail; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick -up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection, basic; wireless telecommunications facility, stealth; agricultural operations; accessory uses, not otherwise listed in the table. Overall Building Height - approx 36' -0" Windows (Transparent Glazing) , r T ddd 1 Parcel B Building Elevations -- - -- - + —� {�" s'— Windows (Transparent Glazing) '•J.f�`.`J}III� —� i I _ - __ ( EIFS pattern Overall Building Height - approx 36' -0" Windows (Transparent Glazing) _�t , i Parkside Commons tiUMQ Roanoke, Virginia 6 -5 -2014 (Revised 7 -3 -2014) Exhibit "C" RECEIVED - JUL -7 .I4 CITY or nonnanE Description 5 867 Acres City of Roanoke, Virginia B &A Job #: R1400045.00 Beginning at a point on the South right of way of Dale Avenue, S.E. 360.00 feet East of 21" Street, S.E.; Thence with the South right of way of Dale Avenue, S.E., N73 °21'37 "E, 374.00 feet to a point; Thence leaving said South right of way of Dale Avenue, S.E. and with three new lines through property of PDI Realty, Inc. (Deed Book 1478, Page 457) designated as Roanoke City Tax map Number 4311201, S 16 °38'23" E, 66.90 feet to a point, S 47 °5647 "E, 52.68 feet to apoint, and S 16 °38'23 "E, S20.89 feet to a point on the South line of said PDI Realty, Inc, property; Thence with said South line of PDI Realty, Inc. property S 70 °29'37 "W, 401.87 feet to a point on the East terminus of Montclair Avenue, S.E.; Thence leaving said South line of PDI Reality, Inc. and with the property of Park 21 Limited Partnership (Deed Book 1662, Page 419), the East terminus of Fallon Avenue, S.E., the property of William L. Vaughn (Instrument Number 080001501) and the property of E.B. Kinghton (Deed Book 1580, Page 1905) N16 °38'23 "W, 652.90 feet to the point and place of beginning containing 5.867 acres and situate in the City of Roanoke, Virginia and being all of Roanoke City Tax Parcel Number 4311204 and a Westerly part of Roanoke city Tax Parcel Number 4311201. Portion to be rezoned 1 -1 Description 1.631 Acres City of Roanoke, VA B&A Job #i: R1400045.00 Beginning at a point on the South right of way of Dale Avenue, S.E. 360.00 feet East of 2151 Street, S.E.; Thence with the South right of way of Dale Avenue, S.E., N73 °21'37 "E, 100.00 feet to a point; Thence leaving said South right of way and with five new lines through property of Loretta R. Williams, Norma R. Plunkett, and Vickie R. Clarke (Instrument Number 100010205) designated as Roanoke City Tax Map Number 4311204 and property of PDI Realty, Inc. (Deed Book 1478, Page 457) designated as Roanoke City Tax Map Number 4311201; S16 °38'23 "E, 32.97 feet to a point; S31 °14'43 "W, 94.37 feet to a point; S16 °38'23 "E, 285.21 feet to a point; N73 °21'37 "E, 176.81 feet to a point; and S16 °38'23 "E, 261.08 feet to a point on the South line of said PDI Realty, Inc. property; Thence with said South line of PDI Realty, Inc. property S70 °29'37 "W, 207.07 feet to a point on the East terminus of Montclair Avenue, S.E.; Thence leaving said South line of PDI Realty, Inc. and with the property of Park 21 Limited Partnership (Deed Book 1662, Page 419) the East terminus of Fallon Avenue, S.E.; the property of William L. Vaughn (Instrument Number 080001501) and the property of E. B. Knighton (Deed Book 1580, Page 1905) N16 °38'23 "W 652.90 feet to the point and place of beginning containing 1.631 Acres and situate in the City of Roanoke, Virginia and being the Westerly portion of Roanoke City Tax Parcels 4311204 and 4311201. Portion to be Rezoned MXPUD Description 4.236 Acres City of Roanoke, VA B &A Job #;: R1400045.00 Beginning at a point on the South right of way of Dale Avenue, S.E. 734.00 feet East of 21" Street, S.E.; Thence leaving said South right of way of Dale Avenue, S.E. and with three new lines through property of PDI Realty, Inc. (Deed Book 1478, Page 457) designated as Roanoke City Tax Map Number 4311201, 516 °38'23 "E, 66.90 feet to a point, S47 °56'47 "E, 52.68 feet to a point, and S16 °38'23 "E, 520.89 feet to a point on the South line of said PDI Realty, Inc. property; Thence with said South line of PDI Realty, Inc. property S70 °29'37 "W, 194.80 feet to a point: Thence with five new lines through said PDI Realty, Inc. property and property of Loretta R. Williams, Norma R. Plunkett, and Vickie R. Clarke (Instrument Number 100010205) designated as Roanoke City Tax Map Number 4311204, N16 °38'23 "W, 261.08 feet to a point, S73 °21'37 "W, 176.81 feet to a point, N16 038'23 "W, 285.21 feet to a point, N31 °14'43 "E, 94.37 feet to a point, and N16 °38'23 "W, 32.97 feet to a point on the South right of way of Dale Avenue, S.E., Thence with the South right of way Dale Avenue, S.E. N73 °21'37 "E, 274.00 feet to the point and place of beginning containing 4.236 acres and situate in the City of Roanoke, Virginia and being a portion of Roanoke City Tax Parcel Number 4311204 and a portion of Roanoke City Tax Parcel Number 4311201. D •g '� y{{ i ecrvn 1 i�Fg i �j g��`- em y3z•_ a` o ^7 3 $[g (y °qW v �I frp I I HHHt 5 I e i i F� }T I � . IS IA' i ecrvn 1 i�Fg i �j g��`- em y3z•_ a` o ^7 3 $[g (y °qW v �I l 1'/ $l � _ \ III � i J.% I w.u�ro J r 3�C w 1 .Ltl /. fG N9H1 vi \ 'I� R A iL I r � ,II I M yy__ bryLMy✓ i i F� }T I � . IS IA' � Illfll'Illllllllilliill I ^� i ecrvn 1 i�Fg i �j g��`- em y3z•_ a` o ^7 3 $[g (y °qW v �I l 1'/ $l � _ \ III � i J.% I w.u�ro J r 3�C w 1 .Ltl /. fG N9H1 � 'I� R A iL I j ,II Y9 i IFj 1 R � I 1 1 1- � G l 1 � Illfll'Illllllllilliill I ^� e4� ecrvn 1 i�Fg i q 7^ I evxn,ul v �I � 1j 11 oor � 1 � i J.% w.u�ro J r 3�C w r _ L`I LI �III� 4 it !!ff 1 i�'��'�'q� �! J 81 NouonaasNOO UOa ioN vn nwrrvoemw# GI A�'Y a , -. `JNItl30N �3116��I1rW3N�5 to &„I '^^F SNOWWOO 301SNlitld E` i e:is d ; - W� o a W� . 4i I I W 2 is x y � � I � a EY�ya @�aiY vX °� ;��� N�� �fil� #�s PPE4Y. YY gg g e 2 A' r vie f§'� jj@ YL @6pp�t 7 e eY i l E 11 0 !N11 " 102 �'s Vii, i�ij3 ON o i F � k i Ell 1 //xA n 1+ ' I M t, �O � cmc 1 c4 p it Y 2141 and 0 Dale Ave M#s 4311201 & 4311204 Adjoining Property Owner List TAXID Local Address Owners Mali Address Mall City Mail State Mall 21p - 4310101 50219TH STSE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 21S CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 21S CHURCH AVE SW ROANOKE VA 24013 4310908 0 DALE AV SE KNIGHTON E B 4457 BRAMBLETON AVE SW ROANOKE VA 24018 4310916 2128 FALLON AVE SE VAUGHAN WILLIAM L 2128 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311205 0 DALE AV SE P D I REALTY INC 208 BENT PINE TRACE HENDERSONVILLE NC 28739 4311301 926 VERNON ST SE G ADAMS LLC 5967 LANDVIEW DR ROANOKE VA 24018 4311304 2201 DALE AVE SE REALTY INCOME PROPERTIES 19 LLC PO BOX 1017 CHARLOTTE NC 28201 4311306 O VERNON ST SE L & M PROPERTIES LLC 3330 HOLLINS RD NE A STE ROANOKE VA 24012 4320122 2032 KENWOOD BLVD SE RUCKER RICKY & DENISE C 2032 KENWOOD BLVD SE ROANOKE VA 24013 4320123 0 KENWOOD BV SE SIMPSON WILLARD CHARLES II 2046 KENWOOD BLVD SE ROANOKE VA 24013 4320124 2046 KENWOOD BLVD SE SIMPSON WILLARD CHARLES it 2046 KENWOOD BLVD SE ROANOKE VA 24013 4320125 2052 KENWOOD BLVD SE BLANKENSHIP LIVING TRUST 2056 KENWOOD BLVD SE ROANOKE VA 24014 4320126 2062 KENWOOD BLVD SE BLANKENSHIP PATRICIA 8 TRUSTEE UNDER 2056 KENWOOD BLVD SE ROANOKE VA 24013 4320119 0 VERNON ST SE STEVENS JOE LEE & BROWN ROSALINDA 1495 MURRAY HOLLOW RO THAXTON VA 24174 4320133 2056 KENWOOD BLVD SE BLANKENSHIP PATRICIA B TRUSTEE UNDER 2056 KENWOOD BLVD SE ROANOKE VA 24013 4320134 2028 KENWOOD BLVD SE HUNGATE ROBIN E 2028 KENWOOD BLVD SE ROANOKE VA 24013 4320136 2010 KENWOOD BLVD SE TERRY JAMES M 2010 KEN WOOD BLVD SE ROANOKE VA 24013 4320601 1018 VERNON ST SE STEVENS JOE L & BROWN ROSALINDA 1495 MURRAY HOLLOW RD THAXTON VA 24174 VICINITY MAP/ ZONING MAP EXCERPT Portion &/2141 Dale Ave„ SE (TN 4311201) 0 Dale Ave., SE (TN 4311204) Legend ulna QSubject Property 11 tk 1� #J r t3atNZonTnpDistrict - gricuhum RA ResidenW151ngb- Family R•12 1 � Rafdentwl Single- Family R -7 ' - r.� 1 Residential Single.Famlly R•5 �r Resdential Single - Family R -3 ` 'e Residental Mixed Density RM -1 Residienoal M xed Density RM•2 - low Residential Mu6damlly RMF ') Magid Use, MX- Commercial.Neighlswhood CN Commelda4General, CC ^` CommesWl -Large She CLS Downtown. D - In to 43 s Wbnal IN Recreation and Open Space, ROS L ®Urban Flex OF �^vltj Lght Indual I -1 Heavy industrial. I -2 ' r. Aepoa Development AD Mued Use Planned Una Development MXPUp ,311620 - ( tr Institutional Planned Una Development. INpUO 171010 �_�g� Industrial Planned UnI Development. IPUD d.e laOtm"$ p Conditional Z&ning ^ ` r'rTTT777 -1 N nRVrta 0 50 1D0 200 Feet 1 Inch m 200 feet 1tNth. 4111, –s - F '4 `:. 0 ,. y32ou74221(tzs i 4 cts 4320130 4320131 4320126 4320132 `u � 4Yr�t2t1#6 t 11, A4 320231 V i r 43�7n r �I 1 a Y Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853.1230 Date: "-2014 ❑ Rezoning, Not Otherwise Listed Submittal Number. Iginal Application Rezoning, Conditional ❑x Rezoning to Planned Unit Development ❑ EsWbk ment of Comprehensive Sign Overlay District ROANOKE W Here to PdM1 ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 2141 AND 0 DALE AVE WWI Tax No(sj: 311201 AND 4311204 Existing Base Zoning: ❑ With Conditions (it mukiple zones, pWm manually mllor aN dWAs.) G Commercial General and CLS WNW ions Ordinance No(s). for Existing Conditions (If applicable): A Requested Zoning: MXPUD AND 1-1 With Conditions Proposed OMMERCIAL CENTER ❑ Without Conditions Land Use: Nana IP D I Realty I Phone Number. "] ]a - 7fjfj_ 49081 Address: 12018 Bent Pine Trace, Hendersonville, NC 28739 Name: Address: 1433 KIRK AVE ROANOKE VA 24011 Name: (Balzer and Associates Inc. Address: „1208 Corporate Circle Roanoke, Va 24018 Phone Numbs: 1 +1(540)354-8653 E-Mall: OEDTHOMPs N vc-com Phone Number. 1 +1 (540) 772 -9590 E-WI: ishomeebalzercc R Completed application form and checklist. 9 Written narrative explaining the reason for the request. JX Metes and bounds description, if applicable. (— Flung fee. F Concept plan meeting the Application Requirements of hem 7(c)' in Zoning Amendment Procedures. V Written proffers. See the Citys Guide to Proffered Conditions. W ow"-- ROANOKE Concept plan meeting the Application Requirements of aeem'2(c)' in Zoning Amendment Procedures. Please label as 'development plan' If pmgared. IR development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. (' Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Citys Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of kem'2(c)' in Zoning Amendment Procedures, r ff applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. I— Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. F Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance. r Cover sheet. r Traffic Impact analysis. I- Concept plan. r Proffered conditions, I applicable. r Required fee. 'An electronic copy of this application and checklist can be found at www.manokeva.govlpbd by selecting'Plaaning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an sp ication Is amended, unless otherwise specified by staff. Zoning Amendment Application Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: 6 -5 -2014 ❑ Rezoning, Not Otherwise Listed Submittal Number: Original Application ❑x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 12141 AND 0 DALE AVE Official Tax No(S).: 4311201 AND 4311204 I Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing Base Zoning: ❑ With Conditions (If multiple zones, please manually enter all districts.) CG, Commercial- General and CL5 [E] Without Conditions Ordinance No(s). for Existing Conditions (If applicable) N/A ❑ With Conditions Proposed Requested Zoning: MXPUD AND I -1 COMMERCIAL CENTER El Without Conditions Land Use: Name: VICKIE CLARKE I Phone Number. 6—y0 - ?' ?A,5 S Address: 15656 Penguin Dr, Roanoke VA 24018 E -Mail: jl/Ckl�v e Property Owner's Signature: j �.Rf4E'Ats3�gn,��.�Hfarsnt� m ownsrl:� Name: EfR, LLC Phone Number. +1 (540) 354 -8653 Address: :133 KIRK AVE ROANOKE VA 24011 E -Mail: OE@THOMPSONVC.COM is Signat Name: Balzer and Associates Inc. Phone Number +1 (540) 772 -9580 Address: 11208 Corporate Circle Roanoke, Va 24018 Agent's Signature: E -Mail: shome @baizer.cc Zoning Amendment A 1 licatio tl Cho �r��klist '� pp ii► f>smt,t� }apps a 5,r ROANOKE r Completed application form and checklist. r Written narrative explaining the reason for the request. fic Metes and bounds description, if applicable. F- Filing fee, f- Concept plan meeting the Application Requirements of Rem '2(c)' In Zoning Amendment Procedures. r Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as r 'develooment olan'd oroffered. Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r- signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, r it applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. I- Copy of previously adopted Ordinance. f- Amended comprehensive signage plan meeting the requirements of Section 36.2.336(d) of the City's Zoning Ordinance. (Copy of previously adopted Ordinance. F- A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. r Cover sheet. r- Traffic impact analysis, r- Concept plan. r- Proffered conditions, if applicable. r- fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov /pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. PARKSIDE COMMONS REZONING REQUEST NARRATIVE: The purpose of this request is to rezone a portion of Tax Parcel 4311201 and Tax Parcel 4311204 from CG (Commercial - General) and CLS (Commercial -Large Site) to MXPUD and 1-1 (Light Industrial) to allow for the development of a new Commercial Center. The total acreage being rezoned is 5.86 acres + / -. The property currently has approximately 42,000 sf of partially occupied and underutilized retail space on the subject portion of the property. This rezoning request provides for the complete redevelopment of the site into a new mixed use commercial center. The request for a portion of the property to be rezoned to 1 -1 is to allow for the construction of a 3 Story, fully enclosed and conditioned, warehouse storage facility on Parcel B. The use of the 1 -1 property will generally be limited to the warehouse storage facility and other uses that are commonly allowed in both 1 -1 and MXPUD, however specific uses not permitted are listed in the proffered conditions, Exhibit B. The Contract Purchaser, JETR LLC, is proposing to remove the existing outdated 42,000+/ - sf building and replace it with a New Center. There are two out parcels planned fronting on Dale Ave and three additional parcel located toward the center of the property. A central shared drive will be developed to serve all the parcels. The attached development plan (Exhibit A) shows the layout of the proposed improvements. There is currently a large cut bank that generally ranges in height from 20' to 40' along the southern and western property lines. This bank provides a natural buffer and barrier between the adjacent residential and the proposed development. The site will be accessed from the existing entrances on Dale Ave and no curb cuts will be permitted on Dale for the individual Parcels. Traffic patterns and volumes were considered with the adjacent commercial development. Cross access will be provided throughout the development and cross access will be provided across the adjacent grocery store site for access to Vernon St. The site has been designed for orderly and efficient traffic circulation. Pedestrian accommodations are provided throughout the proposed development through the provisions of sidewalks that connect the individual building, access drives, and adjacent public streets. This Project has been designed to be in conformance with the City's Comprehensive Plan. The site is designated as Village Center in the Momingside/Kenwood/Riverdale Neighborhood Future Land use Plan and the proposed development certainly fits within this designation. This Project maintains the concentration of higher density development in a designated village center as called for in the plan, provides reuse of a partially vacant center, appropriately orients new commercial development, and provides appropriate site design and pedestrian accommodations. This project rejuvenates an underutilized site and develops it with a dynamic use to serve the community. On behalf of JETR, LLC we are requesting approval of this application for rezoning. This project will provide significant enhancement to the site and provide a new service to the residents. It will provide for the rehabilitation of the existing center and will be a valuable asset for the surrounding community, which will serve to further benefit the City of Roanoke. Exhibit B DALE AVE.REZONING_R99YEST PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following condition as they apply to Official Tax Number 4311201 and 4311204 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., Dated June 5, 2014 and attached hereto as Exhibit A "Development Plan" and further subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The following uses will not be permitted in the 1 -1 zoned portion of the property: Employment or temporary labor service / Laboratory, testing and research / Animal hospital or veterinary clinic, no outdoor pens or runs / Animal hospital or veterinary clinic, with outdoor pens or runs / Caterer, commercial / Kennel, no outdoor pens or runs / Outdoor advertising sign / Pet crematorium / Car wash, not abutting a residential district / Car wash, abutting a residential district / Commercial motor vehicle sales and service establishment, new / Commercial motor vehicle sales and service establishment, used / Dry cleaning plant or commercial laundry / Gasoline station / Internet sales establishment / Janitorial services establishment / Lumberyard / Manufactured or mobile home sales / Motor vehicle rental establishment, without inventory on -site / Motor vehicle repair or services establishment / Nursery or greenhouse, commercial / Recreational vehicle or boat sales / Storage building sales / Asphalt or concrete plant / Bakery, confectionary, or similar food production, wholesale / Biosolids field / Building supplies and materials, wholesale / Commercial printing establishment / Composting facility / Contractor's shop, heavy construction / Dairy products, processing, bottling, and wholesale distribution / Electrical component assembly, wholesale distribution / Fuel oil distribution / Fueling station, commercial or wholesale / Junkyard / Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing / Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast / Manufacturing: Chemical, refining or processing, not otherwise listed in this table / Manufacturing: General, not otherwise listed in this table / Manufacturing: Steel or metal production, fabrication, or processing / Manufacturing: Wood products / Meat packing and poultry processing / Milling or feed and flour mills / Motor vehicle or trailer painting and body repair / Quarry / Recycling center / Tire recapping / Towing service / Welding or machine shop / Workshop / Wrecker yard / Distribution center, not otherwise listed / Mini - warehouse / Storage of commercial motor vehicles / Tank farm, petroleum bulk station and terminal, or other aboveground storage of flammable liquids / Amusement, commercial, outdoor / Go-cart track / Paintball facility, outdoor / Educational facilities, industrial trade school / Fire, police, or emergency services / Government offices or other government facility, not otherwise listed / Military reserve or National Guard center / Supply pantry / Training facility for police, fire, or emergency services / Airport or airport- related commercial and personal services uses / Bus maintenance, including repair storage / Limousine service / Motor freight terminal or truck terminal / Parking lot facility / Railroad freight yard, repair shop and marshalling yard / Taxicab business / Broadcasting studio or station / Broadcasting tower / Utility maintenance and service facility / Animal shelter / Accessory uses, not otherwise listed in this Table / Outdoor storage / Portable storage container / Recycling collection point / Temporary health care structure / Wind i ic i Y + oil i oil we, sit, rig IS it all OR; In 3' 1� � X14! � ��! i' i4 All �� Y �' � ° -sill � ! • t ' tt t. � e e Y rg�� del ��!!gt �1r9 od I rig �I�ri�iliitil a :;m I cArQ. y C t � i :U ED 1 0 on a HIE] 0 ! - " 0 1 0 1� b I u Ila a', Fol Ell. 00 ?-rj I �,11 a DI lilt' ! ' : Ij aj 3 e e r rrornnrusno�ao NV� l- I d ii W. amo NAI'J M a .i p mvY 9 —1 SNOWWOO 301SMWd $ i ..' s W 3 O 3 ¢ O Y Ld K LLi Q I OZ I R, J -L PNtr.IEG�BOIINO�RY ' � �_ 'C° i id I r a SBc w ' I � 1 , 6 s sA 1 F° 1 I lil� ° ( � } ® ° a € gg R € a ° a R � ayyR} } 11 +a ,$d¢1 pp }� 91 1 RR4aa p gib fix d Fi a apfffi a °' ° 9 RgpYB� �b j °Bp ayp yr gas }S} gga }ji3�& 3 B 2p9R¢�q} g€ e� ee$3lgA1111 3 9 ° }a1 9 °y$40g 11g111g1� i y �iS {e3 sgga 6 'Ev 1,11l' 77R i1 1y$a{ 9]111141111 B1 66g9p @}e @eF ,10} $h3b Mill Ili Err ¢i 3 IBC€ Al119hi l4$ 61' 111 �Aii!$ EEill z }� �c la °4RR •E� ii a 5'.: R Description 5.867 Acres City of Roanoke, Virginia B &A Job #: R1400045.00 Beginning at a point on the South right of way of Dale Avenue, S.E. 360.00 feet East of 21" Street, S.E.; Thence with the South right of way of Dale Avenue, S.E., N73 °21'37 "E, 374.00 feet to a point; Thence leaving said South right of way of Dale Avenue, S.E. and with three new lines through property of PDI Realty, Inc. (Deed Book 1478, Page 457) designated as Roanoke City Tax map Number 4311201, S 16 °38'23" E, 66.90 feet to a point, S 47 45647 "E, 52.68 feet to apoint, and S 16 °38'23 "E, 520.89 feetto a point on the South line of said PDI Realty, Inc. property; Thence with said South line of PDI Realty, Inc. property S 70 °29'37 "W, 401.87 feet to a point on the East terminus of Montclair Avenue, S.E.; Thence leaving said South line of PDI Reality, Inc. and with the property of Park 21 Limited Partnership (Deed Book 1662, Page 419), the East terminus of Fallon Avenue, S.E., the property of William L. Vaughn (Instrument Number 080001501) and the property of E.B. Kinghton (Deed Book 1580, Page 1905) N16 °38'23 "W, 652.90 feet to the point and place of beginning containing 5.867 acres and situate in the City of Roanoke, Virginia and being all of Roanoke City Tax Parcel Number 4311204 and a Westerly part of Roanoke city Tax Parcel Number 4311201. '" b N • .�< 1 1� oiljt e II��ca r• � a � �n �� �l dlxa•�.<x. tuoo�xxxx.spN ®•�V Fa@y•@ S Y S Z� <t �� � 1 IOIIIfII h'1 N �^ aysuzvraw avmn rt xnr- ro.ltmw/ />r: Twl 3 I I Lx I I wsa, x« a 8 3 °' kN .•ilK /Lfl.K3 /x— L 121 tax • ¢ w• ( _ 1 I 1 5([ �y 1 4b & a 9 ' I II tT �1'd� � i m • � Q�pp� QQ I i I atl7 I �I I ��d� � $ f • II1 _ • IM31iMl � � I I I I ; I ��ii 11 I ��� �Sy I OK /i K •�+ iY1 MN I I I I ' , n w 1 I laws Kf{KJIN— 6 �I y /MMNMI I A ��•e8 8T-> i 44 y .r` SS I iii SSS� g •y3g '`.o, a /e; Jul n I r• I • ••orll� I C Ib{mfU ,ltl1K /3f[K91 _I b ��� Kgbb\ N �} S' 4YYIPM I y� F ' yYM jb GY rlI • 1 g ` Val / -'a +'��r / /s+�Nn/ •MSS• •Ol – 35' n Sr – '• �nserr � f 2141 and 0 Dale Ave M #s 4311201 & 4311204 Adjoining Property Owner List TAXID Local Address Owners Mail Address Mail City Mail State Mail Zip 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH ST SE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310101 502 19TH STSE CITY OF ROANOKE FALLON PARK 215 CHURCH AVE SW ROANOKE VA 24013 4310908 0 DALE AV SE KNIGHTON E B 4457 BRAMBLETON AVE SW ROANOKE VA 24018 4310916 2128 FALLON AVE SE VAUGHAN WILLIAM L 2128 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311101 2101 FALLON AVE SE PARK 21 LIMITED PARTNERSHIP 2101 FALLON AVE SE ROANOKE VA 24013 4311205 0 DALE AV SE P D I REALTY INC 208 BENT PINE TRACE HENDERSONVILLE NC 28739 4311301 926 VERNON ST SE G ADAMS LLC 5967 LANDVIEW DR ROANOKE VA 24018 4311304 2201 DALE AVE SE REALTY INCOME PROPERTIES 19 LLC PO BOX 1017 CHARLOTTE NC 28201 4311306 0 VERNON ST SE L & M PROPERTIES LLC 3330 HOLLINS RD NE A STE ROANOKE VA 24012 4320122 2032 KENWOOD BLVD SE RUCKER RICKY & DENISE C 2032 KENWOOD BLVD SE ROANOKE VA 24013 4320123 0 KENWOOD BV SE SIMPSON WILLARD CHARLES II 2046 KENWOOD BLVD SE ROANOKE VA 24013 4320124 2046 KENWOOD BLVD SE SIMPSON WILLARD CHARLES II 2046 KENWOOD BLVD SE ROANOKE VA 24013 4320125 2052 KENWOOD BLVD SE BLANKENSHIP LIVING TRUST 2056 KENWOOD BLVD SE ROANOKE VA 24014 4320126 2062 KENWOOD BLVD SE BLANKENSHIP PATRICIA B TRUSTEE UNDER 2056 KENWOOD BLVD SE ROANOKE VA 24013 4320129 0 VERNON ST SE STEVENS JOE LEE & BROWN ROSALINDA 1495 MURRAY HOLLOW RD THAXTON VA 24174 4320133 2056 KENWOOD BLVD SE BLANKENSHIP PATRICIA B TRUSTEE UNDER 2056 KENWOOD BLVD SE ROANOKE VA 24013 4320134 2028 KENWOOD BLVD SE HUNGATE ROBIN E 2028 KENWOOD BLVD SE ROANOKE VA 24013 4320136 2010 KENWOOD BLVD SE TERRY JAMES M 2010 KENWOOD BLVD SE ROANOKE VA 24013 4320601 1018 VERNON ST SE STEVENS JOE L & BROWN ROSALINDA 1495 MURRAY HOLLOW RD THAXTON VA 24174 VICINITY MAP/ ZONING MAP EXCERPT Portion of 2141 Dale Ave., SE (TN 4311201) 0 Dale Ave., SE (TN 4311204) Legend O Subject Property Base Zoning District Residential - Agriculture, RA Residential Single - Family, R -12 Residential Single - Family, R -7 Residential Single - Family, R -5 Residential Single - Family, R -3 Residential Mixed Density, RM -1 Residiential Mixed Density, RM -2 Residiential Multifamily, RMF Mixed Use, MX Commercial- Neighborhood, CN Commercial - General, CG Commercial -Large Site, CLS Downtown, D Institutional, IN Recreation and Open Space, ROS Urban Flex, OF Light Industrial, 1 -1 Heavy Industrial, 1 -2 Airport Development, AD Mixed Use Planned Unit Development, MXPUD Institutional Planned Unit Development, INPUD Industrial Planned Unit Development, IPUD Conditional Zoning I� I F7-rT7-r-T7rl N 0 50 100 200 Feet 1 inch = 200 feet The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV STEPHANIE M. MOON REYNOLDS - MMC, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 Account Number 6011439 Date August 06, 2014 Date Category Description Ad Size Total Cost 08/06/2014 Legal Notices PUBLIC HEARING - AUGUST 12 2014 1 x 193 L 1,820.16 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING - AUGUST 1 was published in said newspapers on the following dates: 07/30, 08/0612014 The First insertion being given ... 07/30/2014 Newspaper reference: 0000056846 .""it , A I_A r, _ K�.C,. M\ (1 � wr nO<\c``V. Sworn to and subscribed before me this Wednesday, August 6, 2014 l�l.tt� Nota blic Witnes State of Virginia City /County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning, Building and Development office, Room 166, 215 Church Avenue, S.W., 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 public hearings on August 12, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from M%, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. The land use categories permitted in the INPUD District include residential; accommodations and group living: commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area The comprehensive plan designates the property for office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by 1ETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue. S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CLS, Commercial -Large Site District, and CG, Commercial - General District, to M%PUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified 1 -1 portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or Professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the 1.1 District include commercial; industrial; warehousing and distribution; assembly and entertainment: public, institutional and community facilities: transportation; utility; agricultural: and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specity density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc., to amend the Planned the No. 37269. 120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential: accommodations and group living; commercial: assembly and entertainment; public, institutional and community facilities; transportation; utility: agricultural; and accessory, with a maximum density of one dwelling unit per 1,8011 square feet of lot area. The comprehensive plan designates the property for institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional mix, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds, MMC, City Clerk (56846) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning, Building and Development office, Room 166, 215 Church Avenue, S.W., 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 public hearings on August 12, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. The land use categories permitted in the INPUD District include residential; accommodations and group living; cotmnercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by JETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CLS, Commercial -Large Site District, and CG, Commercial- General District, to MXPUD, Mixed Use Planned Unit Development District, and I -1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified I -1 portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the I -1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ( "Plan ") for the property located at 1130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan ( INPUD), during the comprehensive rezoning, Ordinance No. 37269 - 120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271101, 1271102, 1271103, 1271 104, 1271105, and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional mix, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on July 30 and August 6, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -1730 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 S "I ET11ANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (5411) 853 -2541 Fax: (54f))853-1145 E -mail: clerk(fi'roanokcva.gov August 13, 2014 Sean Horne, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: .IONATBAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk 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, August 18, 2014, 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 JETR, LLC, to rezone a portion of property located at 2141 Dale Avenue, S. E., and the entire property located at 0 Dale Avenue, S. E., from CLS, Commercial -Large Site District, and CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, subject to certain proffered conditions. The City Planning Commission at its meeting held on Tuesday, August 12, 2014, on a 6 -0 vote, approved your request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853- 1730. Lastly, it will be necessary for you, or your representative, to be present at the August 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sine elyf r r U U Cecelia T. Webb, CMC Assistant City Clerk Sean Horne, Agent August 13, 2014 Page 2 PC: E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 William Vaughan, 2128 Fallon Avenue, S. E., Roanoke, Virginia 24013 Park 21 Limited Partnership, 2101 Fallon Avenue, S. E., Roanoke, Virginia 24013 PDI Realty, Inc., 208 Bent Pine Trace, Hendersonville, North Carolina, 28739 G Adams, LLC, 5967 Landview Drive, S .W., Roanoke, Virginia 24018 Realty Income Properties 19, LLC, P. O. Box 1017, Charlotte, North Carolina 28201 L and M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Ricky and Denise Rucker, 2032 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Willard Simpson, II, 2046 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Patricia Blankenship, Trustee, Blankenship Living Trust, 2056 Kenwood Boulevard, S. E., Roanoke, Virginia 24014 Robin Hungate, 2028 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 James Terry, 2010 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Joe Stevens and Rosalinda Brown, 1495 Murray Hollow Road, Thaxton, Virginia 24174 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkC?roanokeva.gov STEPHANIE M. MOON REYNOLDS, MMC JONATHAN E. CRAFT, CMC City Clerk Deputy City Clerk July 14, 2014 CECELIA T. WEBB, CM Assistant Deputy City Clerk Sean Horne, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne 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, July 21, 2014, 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 JETR, LLC, to rezone a portion of property located at 2141 Dale Avenue, S. E., and the entire property located at 0 Dale Avenue, S. E., from CLS, Commercial -Large Site District, and CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions. At the regular meeting of the City Planning Commission held on Tuesday, July 8, 2014, the request was continued until its next meeting scheduled on Tuesday, August 12, 2014. Due to there being no recommendation to the Council regarding the abovementioned request, please be advised that City Council currently has no jurisdiction regarding the matter, and therefore no action shall be taken by the Council at its July 21 s' meeting. 4- SSinnceerrely, Stephanie M. Moon Reyno City Clerk SMM:ctw Sean Horne, Agent July 14, 2014 Page 2 PC: E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 William Vaughan, 2128 Fallon Avenue, S. E., Roanoke, Virginia 24013 Park 21 Limited Partnership, 2101 Fallon Avenue, S. E., Roanoke, Virginia 24013 PDI Realty, Inc., 208 Bent Pine Trace, Hendersonville, North Carolina, 28739 G Adams, LLC, 5967 Landview Drive, S .W., Roanoke, Virginia 24018 Realty Income Properties 19, LLC, P. O. Box 1017, Charlotte, North Carolina 28201 L and M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Ricky and Denise Rucker, 2032 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Willard Simpson, II, 2046 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Patricia Blankenship, Trustee, Blankenship Living Trust, 2056 Kenwood Boulevard, S. E., Roanoke, Virginia 24014 Robin Hungate, 2028 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 James Terry, 2010 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Joe Stevens and Rosalinda Brown, 1495 Murray Hollow Road, Thaxton, Virginia 24174 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Candace R. Martin, Acting Secretary, City Planning Commission STATEMENT OF CONFLICT OF INTEREST I ?arAimJ I'n,S state that I have a personal interest in agenda item A q-f regarding (t 4wsl- of TcAv srf,vnal frtrnns Qvr Gt/u»>n +v taene- rt-vI - - / i d t AA 1714 a-rS O /pwtt r5on Ave. Su) , because 1 k & ero I •C Last a n ti 1/40,* n�VQptltmer Oval Si Are ivies* tv aeg ,fitt • • Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this I tday of /46tn ST , 2014. „I , i. . /&' ./I (SEAL) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Telephone: (54(1)X53 -2541 Fax: (5411) X53 -1145 STEPHANIE M. MOON RP:YNOLDS, MMC E -mail: Clerk(,, roanokeva.gov City Clerk August 19, 2014 Mike Gilley, Verizon Outside Plant Engineer Verizon Virginia, LLC 4843 Oakland Boulevard, 2nd Floor Roanoke, Virginia 24012 Dear Mr. Gilley: JONATHAN E. CRAFT, CMC Deputy City Clerk CECRLIA T. WENB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40034 - 081814 authorizing the conveyance of a forty year non - exclusive above ground and underground easement, with an approximate area of 49 square feet, but in no event to exceed sixty four square feet in area, together with a right of ingress and egress, across City -owned property located on Orange Avenue, N. E., Roanoke, Virginia, to Verizon Virginia LLC, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014; and is in full force and effect upon its passage. n ia T. Webb, CMC Assistant City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40034 - 081814. AN ORDINANCE authorizing the conveyance of a forty (40) year non - exclusive above ground and underground easement, with an approximate area of 49 square feet, but in no event to exceed sixty four (64) square feet in area, together with a right of ingress and egress, across City -owned property located on Orange Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 7160102, to Verizon Virginia LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 18, 2014, 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 that: I . The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a forty (40) year non- exclusive above ground and underground easement, with an approximate area of 49 square feet, but in no event to exceed sixty four (64) square feet in area, together with a right of ingress and egress, across City -owned property located on Orange Avenue, N.E., designated as Official Tax Map No. 7160102, to Verizon Virginia LLC, for Verizon Virginia LLCo install and maintain a telecommunications cabinet which will aid in increasing service levels to businesses located within the Roanoke Centre for Industry and Technology. The proposed easement will also permit Verizon Virginia LLC, the temporary right to use the property of the City adjacent to the easement area during periods of construction for the placement of the telecommunications cabinet within the easement area, as more particularly set forth in the City Council Agenda Report dated August 18, 2014. 0-Verizon Virginia easement -0 Orange Ave, NE 8 -18 -14 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: lritCity Clerk O- Verizon Virginia easement -0 Orange Ave, NE 8 -18 -14 Gti� �v �LL Y CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Verizon's Request for an Approximately 49 Square Foot Easement Located on City -Owned Property Also Known as Tax Map Number 7160102, located at 0 Orange Avenue, N.E. Background: Verizon Virginia, LLC, has requested a forty (40) year non - exclusive easement and right of ingress and egress for an approximately 49 square foot area, but in no event to exceed 64 square feet in area, located in the southwest corner of City -owned property designated as Tax Map #7160102 within which to place a telecommunications cabinet. The area will be approximately 15 feet from the western boundary of the Blue Hills Drive, NE., right -of -way, and 50 feet from the northern boundary of the Orange Avenue, NE., right -of -way, per the attached drawings. See attachments A and B. The installation of this cabinet will aid in increasing service levels to businesses located within the Roanoke Centre for Industry and Technology. The proposed easement will also permit Verizon Virginia, LLC temporary use of property of the City adjacent to the easement area during periods of actual construction for the placement of the telecommunications cabinet within the easement area. Recommended Action: Authorize the City Manager to execute the deed of easement as described above to Verizon Virginia, LLC, which easement shall be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager of Community Development Wayne F. Bowers, Director, Economic Development Cassandra L. Turner, Economic Development Specialist 0 RA NG E AV F: _5c \ ° 1 B—CFM ORA /N EASEMENT O \\may 2 60. !A/r c\� ° s \ w LJL4 4TW",:X �6 - 505 224 P, 448 (dam P;y / / 11aM1 4,c; / i / F / 6j 5LL 4�0 9 7� �S' -� o m MAP BOCK / P.4(�E 3 58 F d• l7 �7 G3R7 ,Q 1060.00 CND= 3/B 56 {J T9�6G':G "E 1 I- 3! ?J7' PqY,/ EL /0 3 Ac/ 12,0,/-/ H0/ I L= �ds'B�3Z 0t� 37, A A44,07 S� is 'c9y�q�+a�K' s Z f' i' / W r,. 4 P3Se43 ' S 1^, � -n'� •sue `'oO g . F i �3 3 / GAO / � q / L CjJy // .a QyJ'Q / Td rt G / 3 ^, 9 b The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - CLERKS OFFICE 215 CHURCH AVE SW ROOM 256 ROANOKE, VA 24011 Account Number 6007932 Date August 08, 2014 Date Category Description Ad Size Total Cost 08/14/2014 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propos 1 x 50 L 288.00 NOTICE OF PUBLIC HEATING 1 person wpm a tlisabillty wno motlatl totyyns for nls M1earin the 13O:OOCIe�k's 911.nurStl my hand this 4th day of August Stephanie M Moon Reynolds City Clerk (60]03) Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08/08/2014 The First insertion being given ... 08/08/2014 Newspaper reference: 0000060703 y 1., "W O MI, �J Sworn to and subscribed before me this Friday, August 8, 2014 C�kRk ur 4919ww Notary c Witnejj State of Virginia City /County of Roanoke f� My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a forty (40) year non - exclusive easement, with an approximate area of forty nine (49) square feet, but in no event to exceed sixty four (64) square feet, together with a right of ingress and egress, on City -owned property identified by Official Tax Map No. 7160102, located at zero (0) Orange Avenue, N.E., Roanoke, Virginia, to Verizon Virginia LLC, in order for Verizon Virginia LLC to install and maintain a telecommunications cabinet, which will aid in increasing service levels to businesses located within the Roanoke Centre for Industry and Technology. The proposed easement will also permit Verizon Virginia, LLC, the temporary right to use property of the City adjacent to the easement area during periods of construction for the placement of the telecommunications cabinet within the easement area. Pursuant to the requirements of Sections 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, August 18, 2014, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`h 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 and other persons and entities who have an interest in this matter 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, August 14, 2014. GIVEN under my hand this 4th day of August, 2014. Stephanie M. Moon Reynolds City Clerk. Note to Publisher: Please publish once in The Roanoke Times, Legal Notices, on Friday, August 8, 2014. Please send bill to: Mike Gilley Verizon Outside Plant Engineering Verizon Virginia, LLC 4843 Oakland Boulevard, 2nd Floor Roanoke, Virginia 24012 (540) 265 -7579 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC City Clerk's Office 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Stute 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 S'1'ERIIANIE M. MOON REYNOLDS, MMC E -mail clerlealroanokeva.gov JONATHAN E. CRAFT, CMC City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk August 19, 2014 John Anstey, Manager and Managing Member Anstey Holdings, LLC 2616 Longview Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Anstey: I am enclosing copy of Ordinance No. 40035 - 081814 authorizing the proper City officials to execute a Sales Contract between the City of Roanoke, Virginia ( "City "), and Anstey Holdings, LLC ( "Anstey "), to sell an approximately 1.08 acre parcel of City - owned property located at 802 Wiley Drive, S. W., Roanoke, Virginia, upon certain terms and conditions; and authorizing the City Manager to execute such further documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014; and is in full force and effect upon its passage. Si rely, eIlia T. Webb, CMC Assistant City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance 0/p y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40035- 081814. AN ORDINANCE authorizing the proper City officials to execute a Sales Contract between the City of Roanoke, Virginia ( "City "), and Anstey Holdings, LLC ( "Anstey "), to sell to Anstey an approximately 1.08 acre parcel of City -owned property located at 802 Wiley Drive, S.W., Roanoke, Virginia, which parcel consists of portions of two City -owned properties designated as Official Tax Map Nos. 1121401 and 1130901, upon certain terns 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 of this Ordinance by title WHEREAS, a public hearing was held on August 18, 2014, 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 ( "Sales Contract "), substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated August 18, 2014, to sell to Anstey an approximately 1.08 acre parcel of City -owned property, located at 802 Wiley Drive, S.W., which parcel consists of portions of two City -owned properties designated as Official Tax Map Nos. 1121401 and 1130901 ( "Property') for the purchase price of $2,000, upon certain terms and conditions; for Anstey to develop the Property into a mixed use commercial retail establislunent, O- Authorize conhnct between City and Anstey Holdings -802 Wiley Dr- TM1121401 & 1130901 - 8.18.14 upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated August 18, 2014 . 2. Sale of the Property to Anstey is subject to the following contract contingencies that must be met prior to closing (1) Anstey successfully amending certain zoning conditions applicable to the Property, and (2) approval by the City and Planning Commission of a comprehensive development plan suitable to the Property's location in a floodplain. 3. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 4 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Anstey pursuant to the Sales Contract, which obligations include, but are not limited to, Anstey investing a minimum of $200,000 into development and renovation of the Property. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. A E T: ity Clerk. / O- Authorize contract between City and Austey Holdings -802 Wiley Dr -TM 1121401 & 1[30901-8.18.14 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Public Hearing to Authorize a Contract for the Sale of City - Owned Property Located at 802 Wiley Drive Background: Anstey Holdings, LLC (Purchaser), whose principal owner is John Anstey, is seeking to purchase an approximate 1.08 -acre portion of two parcels and associated improvements located at 802 Wiley Drive, SW (the 1.08 acre parcel consists of portions of Official Tax Map Nos. 1121401 and 113090 1) from the City of Roanoke (City) for $2,000.00. The 3,975 square foot building formerly housed the Virginia Museum of Transportation and has been vacant since 1985. Purchaser intends to restore the exterior of the building to its original train depot design and will divide the interior of the structure to accommodate a tasting room /meeting hall facility on the east side and a series of food and recreation vendors on the west side. Such vendors could potentially include a coffee shop, kayak rental or other uses that would benefit Wasena residents and nearby Roanoke River Greenway users. The proposed development plan includes 33 parking spaces as well as a designated area for food truck parking. Purchaser has requested two contract contingencies which must be satisfied prior to closing, including: successful amendment of zoning conditions proffered by the previous contract purchaser, and approval of a comprehensive development plan including proposed design and construction of a stormwater management system suitable to the parcel's location in the 100 -year floodplain. In addition, the purchaser has agreed to two contract provisions in exchange for the nominal purchase price: a commitment to a minimum investment of $200,000 in renovation and development of the property, and a reversion clause that would return the property to the City should he fail to achieve certain prescribed milestones. The conveyance of City owned property requires a public hearing. Recommended Action: Absent comments at the public hearing needing further consideration, approve the terms of the Sales Contract between the City and Anstey Holdings, LLC, as set forth in the attachment to this report. Authorize the City Manager to execute such Sales Contract between the City and Anstey Holdings, LLC, substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to sell the property and to implement, administer, and enforce such Sales Contract, with the form of such Contract and any other documents to be approved by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director of Real Estate Valuation Wayne Bowers, Director of Economic Development Marc Nelson, Special Projects Coordinator 2 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY DRAFT This Agreement for Purchase and Sale of Real Property ( "Agreement ") is dated , 2014, by and between the City of Roanoke, Virginia a Virginia municipal corporation, 215 Church Avenue, S.W., Noel C. Taylor Municipal Building, Room 364, Roanoke, Virginia 24011 ( "Seller" or "City") and Anstey Holdings, LLC, a Virginia Limited Liability Company, 2616 Longview Avenue, S.W., Roanoke, Virginia 24014 ( "Purchaser "). RECITALS WHEREAS, Seller is the owner in fee simple of certain real property and improvements thereon located in the City of Roanoke, Virginia, as shown and described more particularly in the attached Exhibit 2 referred to in Section 1(C) below ( "Property"); WHEREAS, Seller is desirous of selling the Property and Purchaser is desirous of purchasing the Property for the intended purposes as set forth in a document entitled "Proposal to Purchase 802 Wiley Drive," (Project) and dated May 23, 2014, attached hereto and incorporated herein by reference as Exhibit 1; and WHEREAS, City Council authorized the Roanoke City Manager to enter into this Agreement with the Purchaser, and to sell and convey the Property to Purchaser upon the terns stated herein, after a public hearing was held on this proposed sale on 2014, pursuant to Council Ordinance No. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Purchaser, intending to be fully and legally bound, hereby agree that the above Recitals are incorporated into this Agreement and that they further agree as follows: 1. DEFINITIONS. As used in this Agreement, unless the context otherwise requires or it is otherwise herein expressly provided, the following terns shall have the following meanings: A. "Effective Date" shall mean the date the last party signs this Agreement B. "Project" shall mean and include construction and /or renovation work the Purchaser will do on the Building as well as any related and /or connected work that may be required and /or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Agreement. C. 'Propert y" shall mean the 1.079 -Acre portion of the lot or parcel of land and improvements thereon, known as the "Old Transportation Museum Site," which is shown on Exhibit 2 attached hereto and made a part hereof, and being portions of City of Roanoke Official Tax Map Nos. 1121401 and 1130901. 1 D. "Purchase Price" shall mean $2,000.00 in U.S. Dollars. E. 'Purchaser" shall mean, Anstey Holdings LLC, a Virginia Limited Liability Company, 2616 Longview Avenue, S.W., Roanoke, Virginia 24014, ( "Purchaser "). F. "Seller" shall mean the City of Roanoke, Virginia with an address at: Room 364 Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011, with a copy of any notices sent to Seller sent to City Attorney, Room 464, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. G. "Settlement" and /or "Closing" shall mean the consummation of the sale and purchase provided for in this Agreement to occur as provided in Paragraph 9 hereof. 2. PURCHASE AND SALE. The Seller agrees to sell and convey and the Purchaser agrees to purchase the Property upon the terms set forth in this Agreement. 3. PURCHASE PRICE AND PAYMENT. The Purchaser shall pay the Purchase Price, 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 Paragraphs 7 and 8 below have been satisfied, to notify Seller of Purchaser's election to terminate this Agreement and neither party shall have any further rights against or obligations to the other party arising out of this Agreement. 5. REPRESENTATIONS AND WARRANTIES OF SELLER. The Seller represents and warrants to the Purchaser as follows: A. Title to the Property is, and at Settlement shall be, marketable and good of record and in fact, free and clear of all liens, encumbrances or leases. Title will be free of covenants, conditions, restrictions and will be insurable at standard title insurance company rates of the title company chosen by Purchaser. To the best of the knowledge of Seller, there are no title conditions adversely affecting title insurability. Notwithstanding anything else in this Agreement, the Property is sold "SUBJECT TO" all existing easements of record and such state of facts as an accurate survey of the Property would disclose. B. Purchaser shall have until the expiration of the Inspection Period, as referenced in Paragraph 12 below, within which to search title to the Property and within which to furnish Seller with a written statement of title and survey objections. If Purchaser fails to give Seller notice of any title and/or survey objections prior to the expiration of the Inspection Period, then Purchaser shall have waived the right to object to the same. Seller shall have ten (10) business days after receipt of Purchaser's objections to notify Purchaser as to which objections Seller elects to satisfy and shall have until the Settlement in which to do so or to notify Purchaser that it has elected not to satisfy same. Seller shall have the right, but not the obligation to satisfy all `a objections which it undertakes to satisfy or which arise after the effective date of this Agreement, unless consented to in writing by Purchaser. If Seller elects not to cure such title objections, then Purchaser shall choose within ten (10) days from receipt of such notice from Seller to do one of the following: (i) terminate this Agreement (except for any obligations which are specified to survive any termination of this Agreement), or (ii) close and receive the deed required herein from Seller irrespective of such title objections without reduction of the Purchase Price. If Purchaser fails to give Seller written notice of Purchaser's election by the end of said ten (10) day period, Purchaser shall be deemed to have elected not to accept the Property and to have terminated this Agreement as set forth in clause (i) above. C. Purchaser, at Purchaser's sole expense, shall elect to have a survey of the Property prepared by a Virginia registered land surveyor ( "Survey "). On or prior to the expiration of the Inspection Period, Purchaser may deliver a written statement of any objections Purchaser may have to matters shown on the Survey. If Purchaser provides any objections to the Survey, the provisions of Section 5(B) shall apply thereto. D. The Seller is the fee simple owner of the Property and has all necessary authority to sell the Property. There are no other contracts for sale or options involving the Property. There are no leases affecting the Property. Notwithstanding anything else in this Agreement, the Property is being sold in its "AS IS" condition at the time of Settlement. There are no eminent domain or condemnation proceedings pending against the Property, and Seller has no knowledge of such proceedings or of any intentions or plans definite or tentative that such proceedings might be instituted. There are no actions or suits in law or equity or proceedings by any governmental agency now or pending or, to the knowledge of Seller, threatened against Seller in connection with the Property. There is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Property. E. In the event any of the representations, warranties, additional undertakings of Seller in this Agreement and /or other responsibilities of the Seller, as set forth in this Agreement, are not accurate and cannot be or are not ratified or fulfilled prior to Settlement, then the Purchaser shall have the right at its sole option, to take one of the following actions: (i) waive the inaccurate, un- ratified or unfulfilled representation, warranty, additional undertakings and /or responsibility of Seller, and proceed with Settlement hereunder, provided, however, that such waiver shall be in writing, or (ii) terminate this Agreement, whereupon all rights and responsibilities hereunder shall be null and void, and neither party shall have any further obligations hereunder. 6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. The Purchaser represents and warrants to Seller that the Purchaser has the financial ability to purchase the Property. 3 7. ADDITIONAL UNDERTAKINGS OF THE PARTIES. A. The Seller agrees to remove any City -owned equipment or materials from the Property prior to the date of Settlement. All such equipment and materials shall remain the sole property of the Seller. B. At Settlement, the Seller agrees to execute, acknowledge and deliver to the Purchaser a Special Warranty Deed ('Deed ") in proper form for recording, conveying the Property to the Purchaser free and clear of all conditions, restrictions, liens, encumbrances or agreements, except for all easements of record and such state of facts as an accurate survey of the Property would disclose. C. The Seller agrees to give Purchaser possession and occupancy of the Property on the date of Settlement, as set forth above. D. Seller agrees to deliver the following to the Purchaser at Settlement: 1) The fully executed Deed. 2) Any other documents reasonably required by the title insurance company or Purchaser. 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 to the City of Roanoke to amend the proffered site plan in the attached Exhibit 3, as set forth in a document entitled "East Coasters Bike Shop Concept Plan" (Site Plan), within thirty (30) days after the completion of the Due Diligence period referred to in Paragraph 12 below and shall diligently pursue in good faith the amendment process. Furthermore, if the Purchaser's amendment application of the Property for the purposes set forth in the above - mentioned proposal is denied by City Council, either party may terminate the Agreement by written notice of termination to the other party. C. The Purchaser shall apply to the City of Roanoke for review and approval of the amended Subdivision Plat, attached as Exhibit 2 of this Agreement, within 30 days of approval of the amendment to the Site Plan outlined in Paragraph B of this Section. Time frames contained within this paragraph may be subject to extension by mutual agreement of the Purchaser and Seller. Either party may terminate this Agreement by giving written notice to the other party if this condition is not met. E D. The parties to this agreement understand and acknowledge that both the Property and the adjacent City -owned property are located within the 100 -year floodplain. The Purchaser shall be responsible for designing, constructing, operating, and maintaining stormwater management systems on the Property that comply with the provisions and requirements of applicable, law, rules, and regulations, including Chapter 11.6, Code of the City of Roanoke (1979), as amended. The Purchaser will also agree to provide the Seller with access to the Property to monitor compliance and take appropriate actions to insure that the stormwater management systems constructed by the Purchaser are maintained and function in accordance with all applicable laws, ordinances, rules, and regulations. Purchaser shall reimburse the Seller for any expenses incurred by the Seller with respect to the maintenance and operation of the stormwater management systems. E. The Purchaser agrees that the conditions and obligations of the Purchaser under this Agreement are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from the Seller to the Purchaser, shall survive Closing, and shall be binding on Purchaser's successors and assigns. 9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke City Attorney, or such other place as mutually agreed upon, within thirty (30) days of completion of the above Contingencies. Purchaser shall provide Seller with ten (10) days written notice prior to Closing. 10. TENDER OF SETTLEMENT. The delivery to the Seller by the Purchaser of the Purchase Price and by Seller to the Purchaser of the executed Deed together with all other documents and instruments required to be delivered by either party to the other at the time of Settlement by the terms of this Agreement shall be deemed to be a good and sufficient tender of performance of the terms hereof. 11. SETTLEMENT OBLIGATIONS OF THE PARTIES. The cost of any title examination and recording taxes payable in connection with the recording of the Deed and costs for all applicable public hearing advertisements and other costs shall be paid by Purchaser. Other Settlement costs shall be charged as is customary in Virginia. Each party shall be responsible for costs normally paid by Seller and Purchaser respectively and each party shall be responsible for any other fees charged to them, as agreed upon by them or their attorneys. The Purchaser agrees to pay the costs of the newspaper ad that advertised the public hearing of City Council's consideration of this Agreement in the amount of , in addition to any costs required to apply for an amended site plan, City of Roanoke review of the Comprehensive Development Plan and Subdivision Plat, and Certificate of Occupancy, as such items are required by this Agreement. 12. INSPECTION PERIOD. Purchaser shall have thirty (30) 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 0 Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Purchaser's sole and absolute discretion, Purchaser may terminate this Agreement by notifying the Seller in writing as soon as possible, but no later than five (5) consecutive calendar days after the end of such Inspection Period, of Purchaser's decision to terminate the Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Seller and Purchaser mutually agree to modify this Agreement to address any such issues. 13. REVERSION. Purchaser shall comply with each of the following conditions: A. To apply for a building permit within six (6) months of Closing date. B. To seek a Certificate of Occupancy within eighteen (18) months of Closing date. C. The certification of construction- related expenditures (to include architectural, engineering, legal and related costs) of at least $200,000. Such certification shall be delivered by the Purchaser to the Seller's Office of Economic Development within sixty (60) days of opening of a business or businesses to the public. D. In the event that Purchaser has not met these requirements, Seller shall have the right to demand that Purchaser convey the Property back to Seller. In such event, Purchaser shall deed the Property back to Seller, free and clear of all liens and Seller shall return the Purchase Price to Purchaser. In such event, Seller shall also be entitled to a deduction for reasonable rent for the time that Purchaser owned the Property, and a deduction for any damages that may have been caused to the Property. Utilities and taxes shall be prorated as of the date of the reconveyance of the Property to Seller. Any mortgage, lien, or encumbrance created by Purchaser or imposed on Purchaser shall be subordinate to the right of reversion granted herein to Seller. 14. RIGHT OF FIRST REFUSAL. Purchaser agrees that the Property herein conveyed shall not be offered to be sold or sold to a third party by Purchaser for a period of five (5) years from the date of Closing (Settlement) without the right of first refusal having first been offered to Seller. In such event, any offer to purchase the Property shall be a bona fide, arms- length offer and shall be presented to the Seller and the Seller will be provided sufficient time to review such offer, not to exceed forty -five (45) calendars days from the date of the receipt of the offer, and respond to the Purchaser of the Sellers intention to match such bona fide offer to purchase the Property. 15. RISK OF LOSS AND CONDEMNATION. Risk of loss shall be 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. 0 16. REAL ESTATE BROKERS: The parties to this Agreement agree that there are no real estate broker's fee due as a result of this transaction. 17. GOVERNING LAW. By virtue of entering into this Agreement, Purchaser agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict law of provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia, as aforesaid. Purchaser further waives and agrees not to assert in any such action, suit, or proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum, or that the venue of the action, suit, or proceeding is improper. 18. ASSIGNABILITY: This Agreement is not assignable to any third party without the expressed written consent of all parties to this Agreement. 19. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 20. ENTIRE AGREEMENT. This Agreement, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Agreement and the exhibits hereto. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. (SIGNATURE PAGE TO FOLLOW) 7 IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their authorized representatives. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA (Seller) By Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this day of , 2014 by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My commission expires: WITNESS /ATTEST. Printed Name and Title § To -Wit: Notary Public SEAL Anstey Holdings, LLC, A VIRGINIA LIMITED LIABILITY COMPANY (Purchaser) John Anstey, Manager and Managing Member The foregoing instrument was acknowledged before me this day of , 2014, by John Anstey, Manager and Managing Member of Anstey Holdings, LLC, for and on behalf of such entity. My commission expires: Approved as to Form: City Attorney Authorized by Ordinance No. Notary Public Approved as to Execution: City Attorney SEAL JT' A AM A \ ^ \<�/ na 2« John C. Anstey Anstey Holdings, LLC 2616 Longview Ave., S.W. Roanoke, VA 24014 (540)556 -4600 May 23, 2014 Marc Nelson, Special Projects Coordinator City of Roanoke Economic Development 117 Church Avenue, S.W. Roanoke, VA 24011 RE: Purchase 802 Wiley Drive Dear Marc: Please find enclosed a proposal from Anstey Holdings, LLC to purchase a City -owned property: 802 Wiley Drive, formerly the Transportation Museum. I would like to purchase the property, renovate it and locate businesses there that would benefit the entire community and provide additional food and recreational options to nearby Greenway users and Wasena -area residents. Please review the enclosed and let me know if there is any additional information that I can provide to you. Thank you for your time and consideration. John C. Anstey 2 1 1' Experience in Renovation As founder of Anstey Hodge Advertising Group, I renovated the former Howard's Car Care property into the headquarters for our advertising firm. In 2010, the Roanoke Valley Preservation Society presented us with an Adaptive Reuse award for our renovation. Please see the below "before" and "after" photos of the building renovation. BEFORE AFTER Outline of Renovation: 802 Wiley Drive I would like to restore 802 Wiley Drive to its original train station design, and locate a series of businesses there that would be accessible to the entire community. Since the building was flooded in 1985 and not repaired since, the structure needs extensive renovation. Below is a brief overview of our proposed renovations. Interior • New electrical system throughout building • Install new HVAC • Install new plumbing • Build new bathrooms • Install new lighting • Install fixtures for proposed businesses • Rebuild floor on west side of building • Paint walls throughout building 311' Exterior • Replace windows • Replace doors • Rebuild storefront entrance • Replace approximately 2,600- square -feet of wood decking around building • Create small parking area on east side of building • Create designated food truck parking area near parking area • Remove overgrown trees and brush around building Intended Use of Building: Open to the Public The proposed uses of the building would benefit the entire community and provide additional food and recreational options to nearby Greenway users and Wasena -area residents. I propose splitting the 3,975 - square -foot building in half. There would be a designated "east side" and "west side" of the building. Below are my proposed plans: East Side: Tasting Room The east side of the building would be used as a Tasting Room for a local micro- brewery. West Side: Food and Recreation The west side of the building would be set up similar to a food court — with an open center area for tables, chairs and a few sofas (to create a coffee - shop -like feel). An estimated 5 -6 venders would be sought for the west side of the building and focus on food and recreation. Possible venders include: • Coffee Shop • Confections Shop (cupcakes or baked goods) • Ice Cream Shop • Kayak Rental • Small Bike Repair Shop • Bike Rental Shop Outside Area: Food Truck Designated Area Outside the building, a designated area would be set up to allow 1 -2 food trucks to park and offer food to Grcenway patrons or Tasting Room customers. 41l�,_ Offering Price Based on the anticipated renovations that need to be done, I would like to offer the City of Roanoke. $2,000 for the building and approximately 1 acre of land. For this price, I would invest $200,000 in construction and renovation costs into the project. Proposed Terms Within 6 months of the close of the sale, I would file for a building permit application. Within 12 months of the close of the sale, I would file for a Certificate of Occupancy. Financing The construction costs will be financed by me personally. A personal financial statement can be provided upon request. Flood Insurance I will self - insure the building. Thank you for your time and consideration. 5 I" p p pp 2 iR R It R ` ;7R O 4 N'.1111 a' a$ AR RR � V a� >P. _ y a "•¢¢ R ��� E RR �"$g' AM$ IR f s AIR"vj R 90 5: is RARR�$4 °R�" k. Rppi "' '� 'gy 1;j 131 eR x®® ng G $�2i p£4;M ;�o M rm M rR a m x S O' 00 — !D `a N � o m S n (0 S n w N w fh a w D fD = N D m O a m P � a !^ w r m r a n, i I IN O A � " � O O Z Z L L • • S S � � S S � "`d B B 8 8 � � S � � 6 6 H P � a !^ w r m r a n, i I IN O A S�YP'1�1��4���1YP7_AtYY�� y��`ON4VBCY§ `G�4NrT\ eYREU38 `ge °36 P33Y NNeiN BN,�JNM 4 vggs> AI }�iYNy GBbMmBu�tkq�k R r�i� �ge.;�wn�e��a .r aqx NNi3NN3 Y.k��9Y�Na���ew NNNNi3 i ii i'^EE ii nEiin EEE EE nE gByv °$�°,ke \ Ny \ j g ^7 gg Y 4 1 N22wy NN2 uN22xq C N�1 `•' t`J / I��Np M � 4 SRI ��qi•3 ,� x � � " / F� a o •tN " Ply 2 �l� ¢ /m��/ v BadeNC�'2"�A� AAA wi y n p it i j� �1 ° ZZ YB. m Ll /. 4 nl d 45�r .�x�, -xY�rr rrrrr lx ffi��fffiy��p 222aNiN gyNNN2x 2NN 23 aO �a4aa� ��O$V VN U1 ��-�IIVfN�yNy � \ z aawea�:aaa�$�am a rn �Pp9�Tf LL p � iiyP7�TY' Gt' mubrIC' v $ 2 NNb 2NN y22 NN;: IQ� '� � Al 'eYy^qq'y.m q�k'k �j .'�SB.Ni.0 Yi �. 31 'S'iY .3i W" SSA 8 iihA iEA iiiE AAhA 9 N w f111 NilP R O // Iy Yea Y Rig A � < I �. / a � k �o So :-a r r "C • Pn M`.rb �Nkk ip433R BG � C / f /P� r38`m' E fmr ° '� tit ° ° ° m O / I' � x w` > � I / ` -a•\ N g" �"' V e IV ° 4 y 1Y1 a 0 i B / 5558 ° $e64Y4 L',.� 1IN sir_ B h1 � N t,l rR IE:k8v:�8888Y� x Ww F ° s = n � a o� a _ a r m n a 0 A WAyf—r1P 0R jv,�JE HOU T q 6 }}�a ba �a 8 Y �m rti o. �I 6 k 1 k , m �SSsc r r ami r r m r i i � n D�• a I�I I S 1 0 �r QY �j 1 sage Al aQ EAST GDAITE1Z5 $IK,E ,514OP 69 Jill 6ON6F-rT PL.AM � cFCc gg Y A > s �I 6 k 1 k , m �SSsc r r ami r r m r i i � n D�• a I�I I S 1 0 �r QY �j 1 sage Al aQ EAST GDAITE1Z5 $IK,E ,514OP 69 Jill 6ON6F-rT PL.AM 540 919-i446 John Arstey AnsLey Hodge Advertising Group 120 Commonwealth Avenue, NE Roanoke, VA 240116 August 11, 2D,�- tear jonn, Thank yo'i for meeting, last Fridla,,, with me and o n2r memDeFs O, vJispra Neigiinborhocld Forum to discuss your proposal for the old Transportation Museurn building in Wasena Park. W:t think that your ideas for potential tenants, incAic, inS a restaurant or tasting room and d out000� outfitter, would be co, n',)atiD.e M'I' LISeS M 'L��e J-)e7�DbO� 1100d -I! would eT-,I.af,.ce Lie entk,- neNhboAccd, pa!-r a.'lu cor,-W- Thank you for your efforts to irves, our neigNbornocd 1 look to ha ,irlo you as oar guest speaker ac our meeriag c- i Occobei- 2 Soce-cl", james S•�Ltle President Viaseia Neighborhood Forum 5408197446 wysenmnfo�i "Ya�,Oc,cclm I The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - CLERKS OFFICE 215 CHURCH AVE SW ROOM 256 ROANOKE, VA 24011 Account Number 6007932 Date August 15, 2014 Date Category Description Ad Size Total Cost 08/15/2014 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 44 L 461.28 NOTICE OF PUBLIC HEAMNG I Publisher of the The City of Roanoke proposes ,p �__��r I Roanoke Times as I, (the undersigned) an authorized representative of the �az Roanoke Times, a daily newspaper published in Roanoke, in the c. n State of Virginia, do certify that the annexed notice NOTICE OF . `tp PUBLIC HEARING was published in said newspapers on the all otl I following dates i`s: zoia: commeocm 'ai i:"o'o' p " ""o'r' "°: ° thereafter as the after ay Oe heand in the 4th 08/08,08/15/2014 Council Chamber, Floor. Room 450. Noel C. Taylor Municipal Building. 215 Church Avenue, Vogima. 24011. Further 'reormabon is available from the office of the 11 CiTy Clerk for the City of Roanoke at (500) 853- 25 f Citizens shall have the opportunity to be Q� (1 l M-1 t� heard and express their opinions n said in .' —„ The First insertion being Q Jk If a a perspn ,mm a dsalnuty whp given ... 08108/2014 : Q7 : i needs accommodabore tar tbis heari n9 — pl ease contact the City Clerk's Oftce at (540) 8532501. before 1200 noon on Thursday. G August 14, 2014. VV under my hand this 4th day of August Newspaper reference: 0000060405 T •. �a4 ' 20 i, StepF.ani ^M. MC::n. City Clerk trl 'OA' cep4os) Sworn to and subscribed before me this Friday, August 15 2014 ,��7 / JJA Bi1 ing Re r se tative State of Virginia City /County of Roanoke My Commission expires31'�� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 0)c NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey an approximate 1.08 acre parcel of City -owned property consisting of portions of two City -owned properties, located at 802 Wiley Drive, SW, Roanoke, Virginia, which parcel is apart ofproperties designated as Official Tax Map Nos. 1121401 and 1130901, to Anstey Holdings, LLC. The property depicted as Official Tax Map No. 1121401 formerly housed the Virginia Museum of Transportation, and has been vacant since 1985. The property depicted as Official Tax Map No. 1130901 has no buildings constructed on it. Anstey Holdings, LLC, intends to restore the exterior of the building to its original train depot design, and will divide the interior of the structure to accommodate a tasting room/meeting hall facility on the east side, and a series of food and recreation vendors on the west side. Pursuant to the requirements of Sections 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, August 18, 2014, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`h Floor, Room 450, 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, August 14, 2014. GIVEN under my hand this 4th day of August , 2014. Stephanie M. Moon Reynolds, City Clerk PH —sale of city property 802 Wiley Dr to Anstey Holdings, LLC Note to Publisher: Please publish once in The Roanoke Times, Legal Notices, on Friday, August 8, 2014. Please send bill to: John Anstey Manager and Managing Member Anstey Holdings, LLC 2616 Longview Avenue, S.W. Roanoke, Virginia 24014 (540) 556 -4600 john @ansteyhodge.com Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk City Clerk's Office 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 PH sale of city property — 802 Wiley Dr to Ansley Holdings, LLC CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (54())853 -2541 Fax: (5411)853 -1145 517 ?PIIANII? M. MOON I21iYNOl.11ti, MMC City Clerk August 19, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA 7'. WED6, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40036 - 081814 accepting the bid of Berglund Management Group, Inc., to execute a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P., and the City to name the facilities at the Roanoke Civic Center complex located at 710 Williamson Road, N. E., Roanoke, Virginia; authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing you to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; rejecting any other bids. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 2014, and is in full force upon October 1, 2014. Sin e1��1 Cecelia T. Webb, CMC Assistant City Clerk Enclosure PC: William Farrell, 3400 Winterberry Lane, Roanoke, Virginia 24014 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Robyn Schon, General Manager, Roanoke Civic Center IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA WC ,___ The 18th day of August, 2014. No. 40036 - 081814. AN ORDINANCE accepting the bid of Berglund Management Group, Inc. to execute a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P. and the City to name the facilities at the Roanoke Civic Center complex located at 710 Williamson Road, N.E., Roanoke, Virginia (Official Tax Map No. 3024004) (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such fiurther actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; rejecting any other bids; providing for an effective date; and dispensing with the second reading by title of this Ordinance_ WHEREAS, the City of Roanoke, Virginia (City) and Global Spectrum, L.P. entered into a Management Agreement dated as of January 1, 2014, for the management and operation of the Roanoke Civic Center facility situated at 710 Williamson Road, N.E., Roanoke, Virginia (Official Tax Map No. 3024004) (Management Agreement); WHEREAS, pursuant to the terms of the Management Agreement, Global Spectrum, L.P. may sell naming rights related to the Roanoke Civic Center facility, provided that any such agreement to sell such naming rights is subject to the approval by the City; WHEREAS, Global Spectrum, L.P. is interested in selling naming rights related to the Roanoke Civic Center facility for a period of ten (10) years and use the proceeds from the sale of such naming rights to operate and maintain the Roanoke Civic Center facility; WHEREAS, City Council has detennined that the sale of the naming rights related to the Roanoke Civic Center facility will assist in the operation, maintenance and promotion of the Roanoke Civic Center facility and serve to benefit the residents of the City; WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City, publicly invited bids for the execution of a Naming Rights Agreement, a copy of which Naming Rights Agreement has been available for review; WHEREAS, the City and Global Spectrum, L.P. desire to enter into a Naming Rights Agreement in order to generate additional revenues for the operation and maintenance of the Roanoke Civic Center facility and for the promotion of events to be conducted at the Roanoke Civic Center facility, and that such Naming Rights Agreement will be made to the successful bidder, which will enhance the operation of the Roanoke Civic Center facility for benefit of the residents of the City and surrounding areas; WHEREAS, two bids for the execution of a Naming Rights Agreement were received pursuant to the advertisement and were publicly opened at the City Council meeting held on August 18, 2014; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its meeting on August 18, 2014, at which time all persons were accorded a fill and fair opportunity to comment with respect to the proposed Naming Rights Agreement; WHEREAS, the matter was referred to the City Manager for evaluation and recommendation; WHEREAS, on August 18, 2014, Berglund Management Group, Inc. (Recommended Bidder) submitted a bid for the execution of the Naming Rights Agreement for the purpose mentioned above upon substantially the same terms as contained in the proposed Naming Rights Agreement that was on file in the City Clerk's Office; WHEREAS, after review of all bids received by the City Manager, the City Manager recommends that Council accept the bid of the Recommended Bidder and approve the execution of the Naming Rights Agreement, substantially similar to the copy attached to the City Council Agenda Report dated August 18, 2014; WHEREAS, Council determined that the bid of the Recommended Bidder to execute the Naming Rights Agreement, upon certain terns and conditions, was the most responsive and responsible bid received by the City and Council desires to accept the bid of the Recommended Bidder. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of the Recommended Bidder and hereby makes and award for the Naming Rights Agreement to the Recommended Bidder, subject to certain terns and conditions as further noted in the City Council Agenda Report dated August 18, 2014, to this Council and upon such other tenns and condition as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Naming Rights Agreement as set forth above and will assist in promoting the operations of the Roanoke Civic Center facility. 2. Any and all other bids made to the City for the above matter are hereby rejected and the City Clerk is directed to notify any such other bidder(s) and to express to each the City's appreciation for any such bid. 3. The City Manager is hereby authorized to execute a Naming Rights Agreement between Global Spectrum, L.P., the City, and the Recommended Bidder to have the Recommended Bidder's name at the Roanoke Civic Center facility for a period of ten (10) years, K commencing October I, 2014, and ending on September 30, 2024, subject to the terns and provisions of the Naming Rights Agreement, which Naming Rights Agreement shall be substantially in the form attached to the Council Agenda Report dated August 18, 2014, and upon such other terms as the City Manager deems appropriate and agrees to. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 4. The Naming Rights Agreement referred to above shall be for a tern of ten (10) years, commencing October 1, 2014, and ending September 30, 2024. The Recommended Bidder shall pay the aggregate sum set forth and described in the City Council Agenda Report dated August 18, 2014, for the Naming Rights Agreement, in ten (10) annual fees. Each annual fee will be paid in installments in accordance with the schedule of payments described in the City Council Agenda Report dated August 18, 2014. Pursuant to the terns of the Naming Rights Agreement, the tern of the Naming Rights Agreement may be tenninated prior to September 30, 2024. 5. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement, administer, and enforce such Naming Rights Agreement, which includes, but is not limited to, any needed modifications to such Naming Rights Agreement. All such documents shall be approved as to form by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 2 This Ordinance is effective as of the date of its passage. ATTEST: A` -b&AIC City Clerk vi CITY COUNCIL AGENDA REPORT FF To: Honorable Mayor and Members of City Council Meeting: August 18, 2014 Subject: Award to Berglund Management Group, Inc. for a Naming Rights Agreement with Global Spectrum, L.P. for Naming, Advertising, and Sponsorship at the Roanoke Civic Center located at 710 Williamson Road, N.E. Background: The City of Roanoke, Virginia (City) and Global Spectrum, L.P., a Delaware limited partnership (Global Spectrum), entered into an Operation and Management Agreement dated as of January 1, 2014 (City Contract Reference No. 9E3KVRE, dated 1/14/2014) (Management Agreement) for the operation, management, and promotion of the Roanoke Civic Center facility, located at 710 Williamson Road, N.E. Official Tax Map No. 3024004 (Facility). The Facility consists of the Coliseum, the Performing Arts Theatre, the Special Events Center, and various exhibit halls. Pursuant to Section 17.14 of the Management Agreement, Global operates the Facility on behalf of and as agent for the City in entering into contracts with respect to the operation and management of the Facility. Pursuant to Section 9.5 of the Management Agreement, Global is authorized to negotiate and broker an agreement with respect to the sale and use of naming rights for the Facility, subject to the approval of the City. Global Spectrum had discussions with businesses within the Roanoke Valley region regarding the sale of the naming rights of the Facility for a period of ten (10) years. Based upon the requirements of Sections 15.2 -2100 et. seq., Code of Virginia (1950), as amended, the City is required to advertise and solicit bids for such naming rights. Global Spectrum and the City prepared a form of Naming, Advertising, and Sponsorship Agreement (Naming Rights Agreement) that would be offered to all interested bidders. On July 21, 2014, City Council authorized the scheduling and advertising for bids and for a public hearing on the matter. The receipt of bids was set for Monday, August 18, 2014, at noon and the opening of bids was held before City Council at the 2:OOpm meeting on August 18, 2014. The public hearing is scheduled before City Council at 7:00 p. m., or as soon thereafter as the matter can be reached, on August 18, 2014. Considerations: Public advertising for invitation for bids and notice of a public hearing on this matter were placed in the Roanoke Times on Monday, August 4, 2014, and Monday, August 1 1 , 2014. A copy of the Bid Form, the proposed Naming Rights Agreement, and the proposed Ordinance were made available to the public in the City Clerk's Office on and after Monday, August 4, 2014. Bids were to be submitted to the City Clerk on or before Noon, 12 p.m., local time, on Monday, August 18, 2014. All such bids received at or before that time were held by the City Clerk, unopened, until 2:00 p.m., local time, Monday August, 18, 2014, at which time they were delivered to City Council, publicly opened, and summaries read aloud, all in accordance with Section 15.2-2102, Code of Virginia (1950), as amended. Two (2) written bids for the Naming Rights Agreement were received by the City Clerk on or before Noon, 12 p.m. local time, August 18, 2014. The entities submitting these bids and the summaries of their respective bids are as follows: (1) Legal Name of Bidder: Roanoke Imports, Inc. T/A Haley Toyota Aggregate amount of bid: $1,550,000 Aggregate amount of payment for first contract year: $300,000 Primary business of Bidder: Automotive Sales and Service Proposed name for Facility: Haley Toyota Center (2) Legal Name of Bidder: Berglund Management Group, Inc. Aggregate amount of bid: $1,750,000 In addition to base bid amount, provide one new car per year at a minimum value of $25,000 per vehicle in a promotional give -away program. Aggregate amount of payment for first contract year: $500,000 Primary business of Bidder: Automotive Sales and Service Proposed name for Facility: The Berglund Center Following the reading of summaries of these bids, Vice Mayor Trinkle asked if there were any further bids. No other bids were received or presented following the reading of the summaries of these bids. Vice Mayor Trinkle, acting as the presiding officer for City Council, closed the bidding. City Council referred the matter to the City Manager for review, evaluation, and finalization of the terms and conditions of the Naming Rights Agreement. The City Manager and staff reviewed each of the bids received and determined that each of the bidders is a responsible bidder and each bidder submitted a bid in compliance with the Invitation to Bid. The City Manager and staff determined that Berglund Management Group, Inc. (Recommended Bidder) N presented the highest bid for the Naming Rights Agreement. Based on these determinations, the final terms and conditions of the Naming Rights Agreement are subject to approval by City Council. A copy of the proposed Naming Rights Agreement, with exhibits, is attached to this Report. The proposed Naming Rights Agreement sets forth the terms and conditions relevant to the naming of the Facility. Some of the significant terms and conditions include, but are not limited to, the following: The term of the Naming Rights Agreement is ten (10) years, commencing October 1, 2014, and ending September 30, 2024. The Naming Rights Agreement includes no renewal provisions and can be terminated if there is a default by the Sponsor or Operator. 2. The aggregate amount to be paid by the Recommended Bidder for the naming rights and other rights included in the Naming Rights Agreement over the term of the Naming Rights Agreement is $1,750,000. In addition the Recommended Bidder will provide one new car each year of the contract at a minimum value of $25,000 per vehicle in a car give -away program as set forth in the bid from the Recommended Bidder, a copy of which bid is attached to this Report. 3. The aggregate amount to be paid by the Recommended Bidder during the first contract year of the Naming Rights Agreement (October 1, 2014 through September 30, 2015) is $500,000. This amount will be paid in two (2) equal installments each in the amount of $250,000, and payable (a) upon execution of the Naming Rights Agreement and (b) January 15, 2015. 4. The Annual Fees to be paid by the Recommended Bidder during each Contract Year of the Naming Rights Agreement are: Contract Year 1. October 1, 2014- September 30, 2015 2. October 1, 2015- September 30, 2016 3. October 1, 2016- September 30, 2017 4. October 1, 2017- September 30, 2018 5. Octoberl , 2018- September 30, 2019 6. October 1, 2019- September30, 2020 7. Octoberl , 2020- September 30, 2021 Annual Fee $500,000.00 3 8. October 1, 2021 - September 30, 2022 $138,888.89 9. October 1, 2022- September 30, 2023 $138,888.89 1O.October 1,2023 - September 30,2024 $138,888.88 Total Amount $1,750,000.00 5. The Recommended Bidder's primary business is Automotive Sales and Service. 6. The Recommended Bidder proposes to name the Facility The Berglund Center 7. The Recommended Bidder agreed to collaborate with Global Spectrum and the City in the development and promotion of the Facility, all as more particularly set forth in the bid of the Recommended Bidder, and such bid is attached to this Report. After proper and timely Notice as required by the Code of Virginia, City Council held a public hearing on this matter at its 7:00 p.m. meeting on August 18, 2014, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Naming Rights Agreement. The City Manager recommends that City Council find that the bid of the Recommended Bidder on this matter is from a responsible bidder, the bid of the Recommended Bidder is responsive to the Invitation to Bid on the naming Rights Agreement, and that Council accept the bid of the Recommended Bidder and approve the execution of the proposed Naming Rights Agreement, a copy of which Naming Rights Agreement is attached to this Report. The sale of the naming, advertising, and sponsorship rights to the Recommended Bidder in accordance with the Naming Rights Agreement is in the best interests of the City and will promote the operations of the Facility. Recommended Action: Accept the bid of Berglund Management Group, Inc., and award the naming Rights Agreement to such entity. Reject any and all other bids made to the City for the award of the Naming Rights Agreement and express to each such other bidder the appreciation of the City for their interest and participation in this process. Approve the terms of the Naming Rights Agreement between Global Spectrum, the City, and the Recommended Bidder that provides for the naming, advertising, and sponsorship of the facility as The Berglund Center for a term of 51 ten (10) years, commencing October 1, 2014, and ending September 30, 2024 (unless earlier terminated in accordance with the terms of the Naming Rights Agreement or in accordance with the law). The Naming Rights Agreement shall be substantially similar to the one attached to this Report. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security as required by Section 15.2 -2104, Code of Virginia (1950), as amended, shall be in the amount of Fifteen Thousand Dollars ($15,000.00) as set forth in the Naming Rights Agreement and shall be in a form that the City Manager deems appropriate. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such Naming Rights Agreement. - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robyn Schon, General Manager Roanoke Civic Center 0 BID FOR NAMING RIGHTS ♦ ROMOKE C I V I C C E N T E R WE CHOOSE ROANOKE! BERGLUND auroixomE Op BUICK UMC: 4aft KI - - -- Jeep n® T O Y O T A M1fercedes -Benz � N ° I n i i i .... iixcoix Table of Contents • Letter from William Farrell, President, Berglund Automotive • Why choose Berglund? • About Berglund • Official Bid • Attachment A— Berglund Management Group Chart Bank statement to prove readily available funds for 1st year commitment • Attachment B documents - Monthly collaborations to bring visitors to events at Berglund Center - What others have to say about Berglund's character, judgment, integrity, experience and reputation conducting business and it's performance of contracts and agreements - Community involvement breakdown - Board Participation • Why it matters that Berglund's headquarters are in Roanoke City • Car give -a -ways To City Council and Committee Members It is a privilege and honor to be submitting this bid for the naming rights of Roanoke's Civic Center. For the last 44 years, Roanoke has been home to Berglund's corporate offices. More than just a place where we do business, Roanoke City is where my wife Trista and I are raising our two children, Bruce and Elyse. Many of our best memories are at the Roanoke Civic Center. In fact, Trista's first taste of cotton candy was at a circus performance there when she was just 4 years old. It is important to us personally and corporately to support our local community which is why we are so excited about the opportunity of working with you. Our family, beginning with my mother and father, have consistently given to organizations that touch most of the citizens of Roanoke. We can't think of a better way to continue our family's tradition than to help support this wonderful initiative. Today, our company, Berglund Automotive, owns 27 franchises representing 20 different automobile brands with 10 locations throughout Roanoke and surrounding areas. We are proud of the 706 employees that serve our customers and also call our region home. In addition, many of our vendors are located in Roanoke City as well. Our corporate and family real estate portfolios in Roanoke City expand well beyond just our stores. Our family heritage, roots and investments run deep and wide in the city we call home. Our family plans to own and operate Berglund Automotive from the seat of Roanoke City for many years to come. We look forward to our children one day being apart of the operation to continue the hard work that my father, Bruce, laid such a strong foundation with. We would be honored and consider it the utmost privilege to have our company's name on an iconic part of the Roanoke landscape that we love and hope that you will choose us for this historic collaboration. It is our understanding that the funds that we are providing will help refurbish the center which is why we have offered $500,000 upon the signing of the agreement. We would like to have the citizens of Roanoke enjoy the beautification of such an important venue as quickly as possible. We hope that you will find helpful the information we are providing today. Roanoke City is where we've chosen to live, work, play and do the bulk of our business. We hope today, that Roanoke City chooses us. r discussion or any questions you might have at (540) 521 -0535. Willia Presi( Why choose Berglund? CASH $500,000 year one to get things started $1,750,000 total over 10 years $250,000 worth of cars to give -a -way. In lieu of the car give -a -ways, we give authorization to convert each car value ($25,000 each in lieu of that car) to cash, as needed, to become the highest bidder today. CIVIC DUTY Berglund Automotive, along with the Farrell family, demonstrate that it is their civic duty to support initiatives like this one. COLLABORATE Working with the City of Roanoke and Global Spectrum, LP, will be an addition to the already robust set of projects Berglund collaborates on monthly for successful outcomes. COMMITMENT Berglund has demonstrated it's commitment to the health and vitality of Roanoke City and will continue to do so with this initiative. About Berglund Locations in the City of Roanoke Berglund Corporate Offices 2009 Williamson Road Roanoke, VA 24012 Berglund Chevrolet Buick 1824 Williamson Road Roanoke, VA 24012 2013- Multi- million dollar renovation to Service Center and Showroom Berglund Chrysler Jeep Dodge RAM 2525 Franklin Rd SW Roanoke, VA 24014 2014 — 3,000 square foot addition and renovation to Showroom Berglund Fiat 3530 Franklin Rd SW Roanoke, VA 24014 2014 — Currently under a $1,000,000 renovation COMING SOON: Alfa Romeo Berglund Credit Line 3925 Williamson Road Roanoke, VA 24012 Berglund Body Works 2509 Plantation Road Roanoke, VA 24012 Advertising Agency Berglund owns and operates Media Vision 129 Thurston Avenue Roanoke, VA 24012 Carlin's Amoco 1721 Williamson Road Roanoke, VA 24012 About Berglund Located in Roanoke and surrounding areas Berglund Luxury Roanoke Mercedes -Benz, Land Rover, Jaguar, Volvo, Infiniti 5000 Franklin Rd Roanoke, VA 24014 COMING SOON: Mercedes -Benz Sprinter franchise Berglund Ford Mazda 834 E Main Street Salem, VA 24153 Berglund Outdoors Polaris, Jayco 2590 Lee Highway Troutville VA 24175 Midpoint Chevy Buick GMC 17801 Virgil Goode Highway Rocky Mount VA 24141 Berglund of Bedford Ford Buick GMC 1415 Boxwood Terrace Bedford, VA 24523 Berglund Luxury Auto BMW, Mercedes -Benz, Lincoln, Volvo 2643 Lakeside Drive Lynchburg, VA 24501 Kia of Lynchburg 3400 Old Forest Road Lynchburg, VA 24501 Berglund Toyota Scion 3000 Wards Road Lynchburg, 24502 (; i ) Mercedes -Benz SJT�12/NTEIZ BID FORNI FOR A NANIING RIGHTS AGREENIENT WITH GLOBAL SPECTRUNI, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR, AND DELIVERY LOCATION OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 18, 2014, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue. S.W. Roanoke. VA 24011 Place in front loner left -hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Naming Rights Agreement Frith Global Spectrum, L.P. for \amine, Advertising, and Sponsorship at the Roanoke Civic Center Facility, Not to Be Opened Until the City Council Dleeting at 2:00 p.m. on August 18, 2014. Date: 08/18/2014 BERGLUND MANAGEMENT GROUP, INC. proposes and agrees, if its Bid i Le__al Same of 13111- 3 111 l is accepted, to enter into and be bound by the Naming Rights Agreement for Naming. Advertising. and Sponsorship at the Roanoke Civic Center Facility with Global Spectrum, L.P. (Naming Rights Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C Taylor Municipal Building, 215 Church Avenue, S -W.. Roanoke. VA 24011. Furthermore, the undersitmed bidder warrants that it can and will comply with the provisions of the Naming Rights Agreement. Bid: The minimum acceptable aggregate amount payable to Global Spectrum, L.P. over the ten (10) year term of the Namin- Rights Agreement is S1,400.000.00 Bidder agrees to pay the aggregate amount of S 1,750,000.00 over the ten (10) year term of the Naming Rights Agreement. Final @rm 10'.30 2;)14i Page 1 of 6 Bid: The minimum acceptable annual payment for Year I (10'01/2014 to 09,302015) of the Naming Rights Agreement is 5300,000.00. Bidder must make annual payments for each year of the term of the Naming Rights Agreement. Bidder agrees to make annual payments to Global Spectrum, L.P. in the following amounts: Year 1 (10'0112014 to 09'302015) S 500,000.00 Year (10'01/2015 to 09?30'2016) S 138'888'89 Year 3 (1001 %2016 to 09/30 %2017) S 138,888.89 Year 4 (10,0112017 to 09/30'2018) S 138,888.89 Year 5 (10 01 to 09302019) S 138,888.89 Year 6 (1001/2019 to 09/30,2020) S 138,888.89 Year 7 (10 %01/2020 to 09'30,'2021) S 138,888.89 Year (10'01%2021 to 09;3012022) S 138,888.89 Year 9 (10'01'2022 to 09.30'203) S 138,888.89 Year 10 (10.'01/2023 to 09'30'2024) S 138,888.88 (must be at least 5300,000.00) TOTAL S 1,750,000.00 (must be at least S 1,400,000.00) Berglund will provide one new car, per year for the duration of the contract, at a minimum value of $25,000 per vehicle, to be used for promotional purposes by the Center. The $250,000 value this represents shall be added to the bid price in cash increments of $25,000 in lieu of that vehicle if needed to become highest bidder.* Bid: Bidder agrees the annual payments will be pact ut accoraance wnn me scncuule of payments set forth in Section 4 of the Naming Rights Agreement, Bid Term: The term of the Naming Rights Agreement is ten (10) years, commencing October I, 2014 and ending on September 30, 2024. Bid: Bidder is engaged in the primary business of Automotive Sales and Service and this primary business will constitute bidder's Product Category for all purposes in the Naming Rights Agreement. The tern "primary business" is defined in the Naming Rig=hts Agreement. Bid: Bidder's proposed is The Berglund Center name of the Roanoke Civic Center Facility Bid: Bidder has the financial ability to perform the Naming Rights Agreement and submits the following information in Attachment A to establish that bidder has the amount of the first annual payment in an account that is subject to no restrictions and constitutes immediately available Final Corm I0 - 30 20 [4, Pauv , of 6 funds of the United States. (Information attached may include a certification from bidder's financial institution that identifies the account and the amount in such account). Bid: Bidder submits the follov�ing information in Attachment B to (i) demonstrate the character, judgment, integrity, experience. and reputation of the bidder in conducting its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Naming Rights Agreement, a copy of which Naming Rights Agreement is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. 215 Church Avenue, S. V., Roanoke, VA 24011. Review of the Naming Rights Agreement, prior to the submittal date and time, is the responsibility- of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2 -2100, et seq. Code of Virginia (1950), as amended. Bidder acknowledges that the City has the fight to reject any and all bids in accordance with Section 15.2 -2100. et seq. The Bidder agrees, if its bid is accepted, will post a bond with sureties in favor of the City as required by Section 15.2 -2104, Code of Virginia (1950), as amended. Consideration of all bids received shall be made in accordance with Section 15? -2102 which provides, in part, as follovti s: The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staffs recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority ()[the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and a�a and the franchise, right, lease, or privilege to the lower bidder, if. in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right.. lease or privilege. Please direct any questions or inquiries to Sherman Stovall, Assistant City Manager for Operations, at (540)353 -2333 or sherman.stovall-tiroanoke%a.eov Final rcnn 0' 30 20i3 i Pa.-- ; or, State bidder's complete legal name. exactly as it is recorded with the Virginia State Corporation Commission (SCQ, or the complete legal name of bidder if it is not a corporation. LEGAL N - ' PID : B ERGLUND MANAGEMENT GROUP. INC. BY: TITLE: President (Printed Title) William F (Printed Name) STREET ADDRESS: 1824 WILLIAMSON RD NIAILING ADDRESS: 1824 WILLIAMSON ROAD, N.W CITY: Roanoke STATE: TELEPHONE: (540) 344 -1461 Bidder's SCC Identification Number: Final t-lm 197',! 2 ; i 4. Virginia 7_IP CODE: 24012 FAX: wfarrell @berglundcars.com 02865426 P,,c 4" h ATTACHMENT A TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Information to establish Bidder's ability to pay the annual payment for the first year of the Naming Rights Agreement (10/01/2014 to 09/20/2015) is attached. Final forth (07.302014) Pa.-e 5 of 6 Attachment A Attached is a bank account summary for Berglund Chevrolet Inc., a subsidiary of Berglund Management Group, Inc. (see attached Organizational Chart). The final balance, as of July 31 ", 2014, was $1,634,569.42. This is more than a sufficient amount to cover the first year payment of $500,000.00. C O Q m - � m i i V 0 °o a' o U y 9 II — li m I - O It V y O m t q C to ' O N ru r m 0 G ¢ K L cu m m i V CONFIDENTIAL BANK RECORDS REDACTED ATTACHMENT B TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH GLOBAL SPECTRUM, L.P. FOR NAMING, ADVERTISING, AND SPONSORSHIP AT THE ROANOKE CIVIC CENTER FACILITY Bidder submits the following information to (i) demonstrate the bidder's character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility (attach additions sheets if necessary): Final form (07 30 2014) Page 6 of 6 Monthly collaborations to bring visitors to events at the Berglund Center Berglund has collaborated with countless organizations to create successful outcomes that are mutually beneficial for both parties. We will use those experiences with the 20 automobile brands we work with, over 100+ vendors, local and regional marketing and advertising sources, and local charities to create a winning partnership with Global Spectrum, LP and Roanoke City in the promotion of The Berglund Center. As part of our commitment and collaboration, we will use the power of our 20+ websites and 50,000 monthly newsletter and e -blast subscribers, with a full database of over 300,000, to help promote events at the Berglund Center. We have the ability to also leverage our $250,000 a month advertising budget for this same purpose. A button that will click- through to the Berglund Center website (www.theberglundcenter.com or www.berglundarena.com) will be placed on all home pages of the Berglund affiliated websites. Berglund websites receive about 70,000+ visits each month. We will consistently encourage our 706 full and part -time employees and their families to support, in any way they can, the events at the Berglund Center. Give -a -ways for tickets to events can occur each month to the 50,000 subscribers of our newsletter and e- blasts for additional promotion and exposure as part of our collaboration with the center. At all 10 Berglund locations we can post signage for upcoming events at the Arena, Performing Arts Center, Exhibit Hall and the Conference Center. What others have to say about Berglund's character, judgment, integrity, experience and reputation conducting business and it's performance of contracts and agreements BUICK aMC:. Jeep z P ooa� xx® TOYOTA Mercedes -Benz i x c i x i r i. v - LINCOLN In order to represent the above 20 different brands (soon to be 22 with the addition of Alfa Romeo and the Mercedes -Benz Sprinter brands), Berglund Automotive was required to meet and then consistently adhere to each of the brands highest standards of performance. Each brand is awarded to only one owner per market. With Berglund currently representing 20, it is a testament to their continued achievement of excellence in business practices and commitment. We have attached letters from the following individuals representing several organizations that Berglund Automotive has had collaborations, partnerships with, and used as vendors for many years. Doug Densmore CowanPerry, PC J.L. Winslow, Senior Vice President Wells Fargo Dealer Services Jeffrey Johnson, Managing Partner JKR Advertising Ken Hudson, CEO Omni Advertising Kevin P. Oddo, Attorney at Law LeClairRyan Leonard Wheeler, President & Owner Q99,K92, 94.9, WFIR, VIBE, WLNI Robert Donovan, CEO Dealer Online Marketing, LLC COWANPERRYPC 317 WASHINGTON AVE, SW I ROANOKE, VIRGINIA 24016 i (540) 777 -3450 main 202 S. MAIN ST STE 202 1 BLACKSBURG, VIRGINIA 24060 ( (540) 443 -2850 main ddensmore ®cowanperry.com 1 (540) 777 -3458 direct 1 (888) 755 -1450 facsimile City of Roanoke Noel C. Taylor Municipal Bldg 215 Church Avenue Roanoke, VA 24011 RE: Roanoke Civic Center To whom it may concern: Farrell. I am writing on behalf of Berglund Automotive Group and its owners, Bruce and William I have known the Farrells intimately for many years - I have purchased vehicles from Berglund, I have had my and my family's vehicles serviced by Berglund, and I have had body repair work performed by Berglund. More recently, the past several years I have also represented Berglund and the Farrells as their corporate and family counsel. So I can endorse their integrity and excellent character both in the context of how Berglund has treated me and my family over many years as customers and how, in the course of representing Berglund more recently, I have observed Berglund's high business standards in dealing with its customers and vendors generally. I am proud to be associated with Berglund and the Farrell family, both personally and professionally. I know the strong ethical basis on which the Berglund business is constituted. I know how dedicated the Farrell family is to our Roanoke Community and the importance to them of their reputation for high business standards and fair dealing. I frankly can think of no higher honor for the Roanoke Civic Center than to be associated by name with this business and family. Sincerely, —�.D6uglas W. Densmore OUTSIDE GENERAL COJNSEL / BUSINESS AND EMPLOYMENT LITIGATION: CORPORATE AND FAX WwW.Cowanperry.Com LABOR AND LMPLOYMEN r COUNSEL! ERISA AND EMPLOYEE BENEFI TS LAND USE AND COMMERCIAL PEAL ESTATE / TRUST AND ESTATES/ INTELLECTUAL PROPERTY Iff"kn LECLAIR_�YAN August 15, 2014 Roanoke City Council Noel C. Taylor Municipal Building 215 Church Avenue, Room 364 Roanoke, Virginia 24011 Re: Berglund Automotive Group Dear Council Members: I have been counsel to the various Berglund Automotive entities ( "Berglund ") for more than 25 years, and as a result have worked closely with not only the management of the company, but all levels of employees as well. During that time I have observed first -hand the character, judgment, and experience of the owners and employees of Berglund. Bruce and William Farrell are men of high personal and business ethics who demand the same standard from their employees at all levels. They are honest, hardworking men of their word, and in all my years of working with them have never heard anyone question their honesty, character, or truthfulness. I am sure that each of you knows that Berglund has been a positive contributor to the City of Roanoke for more than 40 years. The Farrells strongly believe in giving back to the community, and over the years have supported and continue to support countless charities, organizations and causes in Roanoke. Berglund is a model corporate citizen, and enjoys an enviable reputation in the business community. I unequivocally attest to Berglund's integrity. Anyone entering into a contractual relationship with Berglund can be assured that the company will perform each and every one of its obligations to the letter. Simply put, not living up to one's word is not an option at Berglund. In sum, I endorse the character, judgment, integrity, experience and reputation of Berglund and the Farrells without reservation. I am happy to provide additional information if needed. KPO/db 5wI2.o000 E -mail: kevin.oddo @leclairryan.ccm Direct Phone: 540.510.3020 Direct Fax: 540.510.3050 Very truly yours. D,IN.rar 1800 Wells Fargo Tower, Drawe; 1200 Roanoke, Virginia 24006 Phone: 540.510.3000 1 Fax: 54C,510,3050 CALIFORNIA 1 COLORADO', CONNECTICUT', MASSACHUSETTS i MICHIGAN 1 NEW JERSEY 1 NEW YORK I PENNSYLVANIA 'VIRGINIA 1 WASHINGTON, D.0 Wells Fargo Dealer Services Commercial Services MAC R3546 -011 2701 Emerywood Parkway 2nd Floor Richmond, VA 23294 wel lstargodea lerservices.com August 18, 2014 RE: Berglund automotive Group To the City of Roanoke: I have known and worked with the Berglund Automotive Group and Bruce Farrell since the late 1990's. They have always handled their affairs in an exceptional manner. The character and integrity is above reproach and they can be counted on to follow through with what they say they will do. All business and personal dealing have been handled at the highest level of integrity and they can be trusted to be a consistent and responsible payer of all their commitments. They are an outstanding and valuable client, who I have had the privilege to work with for many years. Sincerely,,�� J. L. Winslow Wells Fargo Dealer Services Senior Vice President "'ells Faigo Bank NA., 61embe MIC and Equal Credit Oppertunitylender Together we'll go far 1 Omni HUERTISIIIG 622 Banyan Trail. Ste.300 Boca Raton, FL 33431 Phone 561 - 620 -474 Fax 561 - 620 -8774 RE: Berglund Automotive Group Dear Council and Committee members, Our agency has done business with Berglund Automotive for more than 10 years. Our relationship is one that requires us to communicate and collaborate on a monthly basis to create winning strategies to promote the brands they represent. It is a privilege to work with a family and a corporate client who demonstrate sound judgment and rely on their many years of experience to make decisions. The character of the company is reflected in that of their owners. Any member of their family or any employee of their company demonstrate high personal and business ethics along with meeting their financial obligations quickly and as agreed upon. We rarely sign formal contracts with Berglund as their word to commit to our business dealings is all that has ever been needed. Berglund and the Farrell family always live up to their word which allows us to fell safe and secure in placing millions of dollars in advertising for them over the many years of us doing business together. I can't imagine a better company to collaborate with on the naming of Roanoke's Civic Center. Sincerely, Ken Hudson CEO Q990 WSLQ FM a "X01*,,, WXLK FM 949FM STAR LOORTRT WSLC FM IKI t.! r 97.7 WVRE AM -FM Leonard Wheeler President 3934 Electric Rd Roanoke, VA 24018 Iwheeler@wheelerbmadc bng.com PH 540 -774 -9200 FAX 540- 774 -5667 Our company has had experience working with Berglund Automotive for more than 20 years. It is also our experience that they fulfill any commitments that they make and are especially conscientious on timely payment. They are the consummate professionals, always. Personally, as well as professionally, I have found the Farrell family to have the utmost of integrity and they are of outstanding character. All their qualities, personally and professionally have made them great partners to work with in enterprising numerous community events we have done jointly. Whether it be Toy Drives ( "Toy Mountain ") for the Salvation Army and families in need each year, support of our Pajama Jam fundraiser for the American Cancer Society, or working with the station on a promotion that generated 30,000+ Facebook fans in less than six weeks- they have been great partners when it comes to benefiting the community. I count them as a blessing for our Company and for our Community. Si erely, Leonard Wheeler Owner /President V41TV* to R Advertisingo Marketing To Whom It May Concern: --- -- One South Orange Avenue •Suite 202 •Orlando, o, F Ft 32807 • 321.397.0777 • www.jWpds.com Please consider this letter to be a reference for the many positive attributes of the Berglund Automotive Group. Over the past several years, several of their dealerships have been clients of our agency, and we have very much enjoyed the opportunity to work with each of them. The Berglund Automotive dealerships are held in the highest esteem by us here at JKR. They continually demonstrate the highest character and integrity, and have always fulfilled contractual obligations while never falling behind on their financial commitments. It's been my personal experience that the Berglund Automotive Group is among the best in its industry, and there is no question that they would be a major asset to any organization they are affiliated with — in any capacity. Please feel free to contact me at (321) 397 -0777 should you have any further questions. Johnson Mandging Partner, JKR Advertising Sq DEALER'S OiNLINE MARKETING To Whom It May Concern: August 18, 2014 Dealer Online Marketing (DOM) has been the digital marketing vendor /partner of the Berglund Automotive Group for over five years. With clients big and small located all over the United States, we can say without hesitation that we are proud to call Berglund our client. Likewise, when prospective clients see that we are doing business with Berglund, it tends to make our job easier because of the respect and authority Berglund has amongst its peers. "If Berglund is using DOM, then I need to seriously consider using DOM." In our duties as a vendor we have had the pleasure of interviewing Berglund clients and soliciting testimonials. The overall feeling Berglund customers have in the Roanoke marketplace is one of integrity, honor and trust. Berglund are the good guys, the ones looking out for me and my family. This reputation also holds true here in the Greenville /Spartanburg area where our business, DOM. is located and the Farrell's held many business assets for years. I have personally seen hundreds flock to support the community efforts of Trista and William Farrell in support of their mobile mammogram bus here in Greenville. A true partner in every sense of the word, the Berglund Automotive Group is a delightful client to work with. Their level of professionalism, integrity and honoring of agreements makes them a prized possession of our organization. Personally. I had obtained the clearance and worked in a top Secret em ironment in our nation's embassies while in the Foreign Service. I can tell you that the character of both Bruce and William is that of a level demonstrated by those working as the highest level in our nation's foreign policy. I would not hesitate to personally go into any business venture with the Farrell's. Sincereh, Robert Donovan CFO Dealer Online Marketing, LLC. 120 Broadus Avenue • Greenville, SC • 29601 • (864) 248 -0886 How Berglund demonstrates its character and integrity through consistent community involvement and contributions The Berglund Automotive Group, the Farrell Foundation, along with the Farrell family is dedicated to supporting organizations that serve their local community. Giving is part of the fabric of their family. It's difficult to create a complete list of all the giving the company and the family has done for the last 10 years. Along with monetary donations, Bruce, Lucy, William and Trista all have and continue to give time and actively participate in boards for many of the organizations they support. As William and Trista's children grow up in Roanoke City, they too are learning the value of giving back and already are doing community service for many organizations in our area. Trista currently sits on the board of the United Way and William is very proud to have been a past part of the board and Chaired the "Success by Six" program that was a springboard to "Smart Beginnings" which helps children read before they turn 6 years old. Directly impacting the City of Roanoke over the last 10 years $1,500,000 + Center in the square $500,000+ United Way of the Roanoke Valley - Pacesetter annual employee campaign and Farrell family individual contributions $100,000+ Roanoke Regional Partnership How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $75,000+ Star City Motor Madness $50,000+ The MDA Car Show at the Roanoke Civic Center $25,000+ Al Pollard Memorial Golf Tournament Roanoke Salvation Army Taubman Museum of Art $10,000+ Roanoke City Police — 2 computerized speed warning signs Saint Francis Dogtoberfest Transportation Museum $4,000+ Down Syndrome Association of Roanoke Governor's School $2,000+ Crystal Spring Elementary St. John's Community Youth Program How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $1,000+ American Red Cross Bethany Hall Boys and Girls Club Grandin Theater Foundation Mill Mountain Theatre Mill Mountain Zoo O. Winston Link Museum Opera Roanoke Rescue Mission of Roanoke Roanoke Catholic School Roanoke Chamber of Commerce Roanoke Gorden Club Virginia Western Community College West End Center Other Contributions $50,000+ North Cross School Berglund Soccer Field $25,000+ The Darrell Gwynn Foundation Child Health Investment Partnership Roanoke Valley SPCA — Box Truck Donation Toy Mountain How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) Other Contributions over the last 10 years $15,000+ Apple Ridge Farms — Car Donation American Heart Association Roanoke Women's Foundation Salem Historical Museum Salem - Roanoke County Chamber of Commerce $5,000+ American Cancer Society Boy Scouts of America Blue Ridge Chevy Youth Baseball National Multiple Sclerosis Society - Blue Ridge Chapter Susan G. Komen Foundation $2,500+ Miss Roanoke Valley Pageant How Berglund demonstrates its character and integrity through consistent community involvement and contributions (cont.) $1,000+ Cure by Design Fellowship of Christian Athletes Friends of the Blue Ridge Parkway Friends of the Rivers of Virginia Hospice of the Valley Mount View Humane Society Roanoke Scholarship Pageants Roanoke Stars Soccer Team Cure by Design Fellowship of Christian Athletes Friends of the Blue Ridge Parkway Friends of the Rivers of Virginia Hospice of the Valley Mount View Humane Society Roanoke Scholarship Pageants Roanoke Stars Soccer Team Board Participation Berglund Automotive has been recognized as one of the most exceptional dealerships in the state of Virginia with Bruce Farrell having been awarded the 2009 Time Quality Dealer of the Year Award. 2014 -2015 William Farrell Vice Chairman and is the 2015 Chairman -Elect for the Virginia Auto Dealers Association serving all the dealers of Virginia Board member for the Roanoke Business Council Virginia Chair for the Young President's Organization Collaborating with other business leaders locally and throughout the state of Virginia and beyond Bruce Farrell Board member of the National Automotive Dealers Association as the Director for the state of Virginia. Representing Virginia dealers issues at the national's capital. Why it matters that Berglund's headquarters are in Roanoke City Berglund Automotive Group and it's affiliated companies have paid approximately $5,483,112 in the form of real estate, property and sales tax over the last 10 years to the City of Roanoke. Revenue for the City from our Chevy store on Williamson Road along with our Chrysler, Fiat, and Credit Line locations have generated approximately $6,689,176 in the last 10 years. Berglund provides the headquarters for the Star City Motor Madness event that brings close to 10,000 visitors to the City of Roanoke each year. As part of their commitment to call Roanoke City their corporate home they fund projects to help beautify and bring recognition to this area. One such example is the complete renovation of Carlin's Amoco which has now won a national preservation award and is listed on the national register of historic places and registered as a Virginia landmark. Below are the before and after pictures. Oh, and there's one more thing... *Car give -a -ways or CASH Let's have some fun together! As part of our bid proposal we have included 10 new vehicles for the Berglund Center to give -a -way. Each vehicle will be valued at a minimum. of $25,000. One vehicle will be given for each year of our naming rights agreement. These vehicles are given to the Berglund Center to be give -a- way as part of promotions of their choosing and with the support of our staff, marketing, advertising and PR resources. With our marketing budget in excess of $250,000 per month, great relationships with radio and TV stations in our region, and history of successful car give -a -ways and countless collaborations, we would look forward to bringing fantastic exposure and new visitors to Roanoke City and the Berglund Center with these annual give -a -ways. In the past, we worked with Star Country to partner to give -a -way a brand new car which resulted in that station building the largest number of fans in Facebook history for a country music station. (30,000+ in less than 6 weeks) We have some great ideas, solid advertising, marketing and PR to put behind this part of our bid and look forward to collaborating and helping to support you to make these events something that the entire region will look forward to and thousands would participate in. * Although our intention and preference is to use these additional funds for car give -a -ways. The $250,000 value of those vehicles may be converted to cash, as needed in $25,000 increments (in lieu of that vehicle), by the Council or Committee, only in the event that another bidder comes in above the base amount we have offered of $1,750,000 which would then convert our total cash bid amount to $2,000,000 over 10 years. NAMING. ADVERTISING, AND SPONSORSHIP AGREEMENT THIS NAMING, ADVERTISING, AND SPONSORSHIP AGREEMENT ( "Agreement "), dated as of August ------ 2014 is entered into by and between Global Spectrum, L.P., a Delaware limited partnership ( "Operator "),on behalf of the City of Roanoke, Virginia ( "Owner "), and Berglund Management Group, Inc., a Virginia corporation, organized under the laws of the Commonwealth of Virginia, and its affiliates ( "Sponsor "). WITNESSETH: WHEREAS, the City of Roanoke, Virginia, a Virginia municipal corporation ( "Owner "), owns a public, multi - purpose civic center located at 710 Williamson Road in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 3024004, which consists of the Coliseum, the Performing Arts Theatre, the Special Events Center, and various exhibit halls (the "Facility ") for the purpose of holding various public events and other attractions which may be scheduled therein; WHEREAS, pursuant to an operation and management agreement dated as of January 1, 2014 by and between the Owner and Operator (with Owner reference: Contract No. 9E3KVE, dated 1/142014) ( "Management Agreement "), the Owner authorized the Operator the right to manage, operate, lease and maintain the Facility on behalf of the Owner; WHEREAS, pursuant to Section 17.14 of the Management Agreement, Operator acts on behalf of and as agent for the Owner in entering into contracts and agreement with respect to the operation and management of the Facility, subject to the limitations of the Operator's authority as set forth in the Management Agreement; WHEREAS, the Owner has the right to designate the name of the Facility and to license such right to others (the "Naming Rights "), and to grant certain other sponsorship, promotional, advertising and similar rights and benefits associated with the Facility (the "Facility Advertising Rights" and "Merchandising Rights "); WHEREAS, pursuant to Section 9.5 of the Management Agreement, Owner permitted and authorized Operator to negotiate and broker an agreement with regard to the sale and use of such Naming Rights, Merchandising Rights, and Facility Advertising Rights, subject to the approval of the Owner; WHEREAS, Sponsor is engaged in the primary business of - Automotive Sales and Service (the "Product Category"), defined as that business comprising more than eighty percent (80 %) of Sponsor's business, and desires to promote its business through an association with the Facility, and Owner and Operator 1 are willing to grant to the Sponsor an exclusive franchise agreement for the Naming Rights and Facility Advertising Rights pursuant to Section 15.2-2100 et. seq., of the Code of Virginia (1950) as amended, all subject to the terms and conditions set forth herein: and WHEREAS, the Council of the City of Roanoke, Virginia, authorized the parties to enter into this Agreement and franchise after a public hearing held on August 18,2014, and after inviting bids to be submitted by all interested parties, pursuant to Roanoke City Ordinance No ----------- . NOW, THEREFORE, FOR AND IN CONSIDERATION of the terms, conditions, covenants and considerations hereinafter set forth, and the above recitals which are incorporated herein, the parties hereby mutually agree as follows: 1. LICENSE OF NAMING RIGHTS AND FACILITY ADVERTISING RIGHTS Operator hereby grants to Sponsor exclusive Naming Rights, Merchandising Rights, and Facility Advertising Rights ( "Rights ") during the term of this Agreement (as defined hereinafter) ( "Term "), on the conditions contained in this Agreement. 2. NAME OF FACILITY: LOGO. (a) Sponsor hereby names the entirety of the Facility The Berglund Center (the "Facility Name "), subject to the approval of Operator and Owner, for the Term of this Agreement. The Facility will continue to be so named for the Term, of this Agreement, or until Sponsor renames the Facility in the manner subject to the terms provided in this Agreement, or until this Agreement is terminated in the manner herein provided. (b) Following the date of the Agreement and within thirty (30) days, the parties shall jointly develop a Facility Logo, at Sponsor's expense, which shall include the Facility Name ( "Facility Logo "). The Facility Logo shall be subject to the mutual agreement of the parties, including the Owner. After development and approval of the Facility Logo by the parties, the Facility Logo shall be attached to this Agreement as Exhibit A hereto, which Exhibit shall then be signed by the parties hereto. 3. TERM. This Agreement is effective and enforceable upon execution by the parties. The term of this Agreement is ten (10) years, and shall commence on October 1, 2014 and shall expire on September 30, 2024. The twelve (12) month period of October 1 through September 30 during the Term, is sometimes referred to herein as a "Contract Year." 4. ANNUAL FEE. (a) As consideration for the Rights granted by Operator to 2 Sponsor hereunder, Sponsor shall pay to Operator each Contract Year an annual fee ( "Annual Fee ") in accordance with the following schedule: Contract Year Annual Fee 1. October 1, 2014- September 30, 2015 $500,000.00 2. October 1, 2015- September 30, 2016 $138,888.89 3. October 1, 2016- September30, 2017 $138,888.89 4. October 1, 2017- September 30, 2018 $13 8,888.89 5. October 1, 2018- September 30, 2019 $13 8,888.89 6. October 1, 2019- September 30, 2020 $138,888.89 7. October 1, 2020- September 30, 2021 $138,888.89 8. October 1, 2021- September 30, 2022 $138,888.89 9. October 1, 2022- September 30, 2023 $138,888.89 10. October 1, 2023- September 30, 2024 $138,888.88 b. The Annual Fee for the first Contract Year will be the minimum amount of $500,000.00 and shall be payable in two (2) equal installments as follows: (i) the sum of $250,000.00upon execution of this Agreement, and (ii) the sum of $250,000.00 on or before January 15, 201 S. C. The Annual Fee for Contract Years 2 through 10 shall be payable in four (4) equal installments, with the first such installment due on or before October 1 st, the second installment on or before January 1 st, the third installment due on or before April 1 st, and the balance due on or before July 1 st, of each Contract Year. d. At least thirty (30) days prior to each date on which an installment amount described in the foregoing clauses (b)(ii) and (c) are due, Operator shall deliver to Sponsor an invoice setting forth amounts owed and the date on which such amounts are due. All Annual Fee payments due hereunder shall be KI made by Sponsor in immediately available funds of the United States, by wire transfer, certified check or bank draft, payable to Operator or its designee at its designated address, upon receipt of invoice no later than the dates set forth above. All sums quoted are net of any agency fees, commissions or the like that may be payable by Sponsor to its advertising and media agencies (if any) and any applicable taxes (if any). Sponsor's billing address is: Sponsor: Berglund Management Group, Inc. Address: 1824 Williamson Road, Roanoke, Virginia, 24012 Attn: William Farrell, President Tel: (540) 344 -1461 E -mail: wfarrell @berglundcars.com (or such other address as Sponsor may designate in writing in accordance with Subsection 25 (f)). e. Any amounts not paid when due shall accrue interest at the rate of 1.5% per month, or the highest rate permitted by law, whichever is less. USE OF NAME. During the Term of this Agreement, Operator, when making reference to the Facility (including, without limitation, in its contracts, agreements, arrangements, writings, and communications pertaining to the Facility and with Tenants [defined below], licensees and other users, the media and others), shall use the Facility Name and, where applicable, the Sponsor logo, trademark and /or service mark, to the extent it is incorporated into the Facility Name or the Facility Logo (collectively, the "Trademarks "), and shall require all parties contracting with Operator, including without limitation any other tenants leasing any portion of the Facility (the "Tenants'), to refer to and designate the Facility as aforementioned. This required use and designation of the Facility Name and, where applicable, the Facility Logo, shall include, but not be limited to: Internet web sites related to the Facility or referencing the Facility, to the extent controlled by Operator or the Tenants; printed materials generated by or on behalf of Operator or Tenants with reference to the Facility and its address; advertising by the Facility's users or Tenants which refers to the Facility; all schedules and admission tickets issued by any Tenant or user for Facility events; and all public relations releases issued by or on behalf of Operator, or the Tenants; provided, however, that Operator shall not be responsible for any error or omission by third parties. Notwithstanding anything stated herein to the contrary, isolated, inadvertent omissions of the Facility Name by Operator or any other party in connection with the Facility shall not be deemed a violation of this section. Sponsor agrees to provide Operator with notice and a reasonable period in which to cure any violation of this provision, before declaring Operator in breach of the Agreement. TRADEMARKS: MERCHANDISING. (a.) Sponsor hereby grants to Operator, Owner, its Tenants and licensees and their respective agents, a non - exclusive, nontransferable license to use the Trademarks during the Term and subject to the terms and conditions hereinafter set forth in order to carry out Operator's obligations hereunder. Operator agrees not to use or display the Trademarks in a manner that is defamatory, misleading, libelous, obscene or otherwise damaging to the reputation or goodwill associated with Sponsor. Operator acknowledges that Sponsor is the sole owner of the Trademarks and of the goodwill associated therewith, and that all use of the Trademarks by Operator and the goodwill created thereby shall inure to the exclusive benefit of Sponsor. To the extent that Operator and Owner have, or develops any rights in the Trademarks, including, without limitation, in the Facility Name and the Facility Logo, Operator hereby assigns to Sponsor all, right, title and interest therein. Sponsor shall furnish Operator with pre- approved specimens of such Trademarks for use by the foregoing parties as contemplated hereby, and Operator shall not deviate therefrom (or permit others controlled by Operator to deviate therefrom) without obtaining the prior approval of Sponsor (not to be unreasonably withheld or delayed). Any materials deviating from the pre - approved specimens shall be submitted by Operator for approval by Sponsor. Such materials shall be deemed approved if not expressly rejected by Sponsor within thirty (30) days after they are submitted. (b) Subject to Section 6(c), Operator shall have the exclusive merchandising rights for all commercial marketing and merchandising of goods displaying or using the Facility Name or the Facility Logo (including any Trademarks), or image, or both, established under this Agreement (the "Merchandising Rights "). Operator may license or permit the commercial marketing or merchandising of the same by others; provided, however, that (i) no Competitor (as defined in Section 7 below) shall be a permitted licensee of the Merchandising Rights; and (ii) Operator shall require its licensees of the Merchandising Rights to use the Facility Name and Facility Logo in a tasteful manner. (c) Sponsor shall have the right to use the Facility Name or Facility Logo in its advertisements and /or promotions, but only for the limited purpose of publicizing the Sponsor's sponsorship of the Facility in connection with Sponsor's own general marketing efforts. All Uses of the Facility Name or Facility Logo by Sponsor shall be subject to the prior reasonable approval of Operator. 7. EXCLUSIVITY WITHIN PRODUCT CATEGORY. (a) Sponsor shall have exclusive advertising, signage and Promotional rights with respect to all permanent signage within or at the Facility within the Product Category ( "Facility Advertising Rights "), hereinafter defined as Sponsor's business of selling and providing Automotive Sales and Service and which comprises more than eighty percent (80 %) of Sponsor's business, and, except as otherwise expressly provided herein, Operator shall not permit any Competitor (defined below) to advertise or promote themselves generally or any products with the Product Category on permanent signage at the Facility, unless otherwise approved by Sponsor. For purposes of this 5 Agreement, the term "Competitor" shall mean any firm, company or other person other than Sponsor that is engaged in the primary business of Automotive Sales and Service, and which comprises more than eighty percent (80 %) of Competitor's business. (b) By way of example and not limitation, because Sponsor's rights to exclusivity within the Product Category are limited to permanent signage within or at the Facility, (i) Operator shall be able to engage, or permit its licensees, promoters or other sponsors of events at the Facility to engage, Competitors as sponsors or advertisers of one -time or limited engagement events at the Facility and, in connection therewith, the display of temporary banners, signs and similar event - specific materials for such Competitor or their products or services shall not be deemed a violation of the grant of exclusivity provided for herein and (ii) hospitality and associated promotional announcements at the Facility for any person (including a Competitor) shall also be permitted. 8. SIGNS, ADVERTISING AND ADDITIONAL RIGHTS. (a) Marquees. Operator may at its election, design and expense, construct and install Logo signs on two (2) freestanding outdoor electronic marquees (the "Marquees ") for placement and display on the marquee sign entrance to the Facility adjacent to Williamson Road, and on the side of the Facility adjacent to U.S. 1 -581. The Marquees shall include the Facility Name prominently displayed (at no additional expense to Sponsor) during the Term and, among other things, promote current and future events at the Facility. Operator and Sponsor will consult with each other regarding the design of the Logos for the Marquees (and any replacement Marquee, if applicable), and the final determination of these matters shall be mutually agreed upon by the parties (subject, however, to any applicable limitations imposed by zoning ordinance and other applicable legal requirements). After the redesigned signs (Logo only) are installed, the Marquees shall remain the property of Operator. (b) Other Exterior Sianaoe. During the Term, Operator shall prominently display the Facility Name on the following signs, each of which shall be subject to Sponsor's reasonable approval with respect to design and specifications and must be in compliance with City zoning laws for "Conservation District ": • On Coliseum wall facing west or north • On Performing Arts Theatre wall facing south • On free - standing kiosk located at the entrance to the Exhibit Hall (c) Interior Signage and Advertising_ During the Term, Operator shall display the Facility Name or Sponsor advertising (as specified below) on the following interior advertising signs and elements and provide Sponsor with the following additional rights and benefits: C: • Four (4) signs located on the upper band of the Coliseum scoreboard. • Logo painted on four (4) bands located in alcove corners of the Coliseum. • Logo painted on six (6) inner concourse walls of Coliseum located in front of Row A on north and south sides. • The Berglund Center name on two (2) exterior concourse columns. • Center ice logo when ice is installed. • Center logo on basketball court. • Lettering above Box Offices and Administrative Office. • Naming rights exposure on concourse TV monitors throughout Coliseum, excluding concessions menu boards. (d) Miscellaneous Facility Name or Facility Logo Identification. During the Term, Operator shall have the Facility Name or Facility Logo identification included with all official Facility references, including all uniforms of Facility employees (excluding concessions personnel), printed catering and concession menus, letterhead stationery, business cards, envelopes, Christmas cards, news or press releases generated by Operator or its Tenants or licensees or their respective agents, announcements of coming events, printed event schedules and other printed advertising or promotional brochures, banners, social media, posters, merchandise or other materials of or relating to the Facility, and public address announcements for the Facility during Facility events; provided, however, that with respect to this clause, Operator may also allow the names or logos of other companies (other than Competitors as defined in Section 7 above) to appear on such items. (e) Miscellaneous Marketing Opportunities. During the Term, Sponsor shall have the right to engage in various cooperative marketing opportunities with Operator, including sponsorship of or participation in the following: • Basketball Games • Concerts • Family Shows • Graduations • Television Advertising • Print Advertising • Radio Advertising • Venue Website • Other (f) Signage Evolution. (i) Sponsor, and Operator acknowledge that signage and advertising opportunities in the Facility may evolve over the course of the Term, and the advertising and sponsorship elements described in this Section 7 8 may be changed by mutual agreement of the parties. All signage must be approved by the Operator, and Owner, and to ensure signage consistency throughout the Facility. (ii) In addition, if any of the original elements enumerated herein is for any reason discontinued or no longer available, Operator shall have the right, without being deemed in breach hereof, to modify the elements and /or substitute others of at least equivalent value (in the aggregate), as such value is determined by Operator in its reasonable discretion based upon Operator's then - applicable rates. Furthermore, the parties each recognize that laws, rules or regulations may, from time to time, preclude various rights being exercised under this Agreement, which may dilute the promotional value granted to Sponsor hereunder. In such event, Operator and Sponsor will negotiate in good faith with respect to new and /or additional elements which may restore substantially all of the promotional value herein granted, but in no event shall the Annual Fees paid by Sponsor to Operator hereunder be reduced as a result of the preclusive effect of such laws, rules or regulations. (g) Website. The Operator shall create and maintain a website for the Facility that shall include the name of the Facility. Sponsor shall be referenced on the homepage of the website with a link to the Sponsor's website. (h) Facility Marketing /Advertising for Events. (i)An audio /visual logo of the Facility shall be included on all television spots placed for the Facility. (ii) The Facility Logo shall be included in all print ads (upcoming events, show specific ads, industry publication ads). The Facility Name shall be mentioned in all public relations press releases and hits (for example: advances stories, upcoming events, and new hires). (iii) The Facility Name shall be mentioned in all radio spots and promotions (radio spots, promos, calendar listings). (i) Additional Benefits. (i) Twice during each Contract Year during the Term, Sponsor shall have the right to the rent -free use of the Facility for a private company function of Sponsor. Sponsor shall be responsible for all costs related to said event, including without limitation, labor, change -over, electricity and rental equipment, and food and beverage costs in connection with said event. Such uses will be coordinated with Sponsor and approved by Operator based upon availability of the Facility and any booked or held event(s). (ii) During the Term, Sponsor shall have the right to use photos, videos, images, and logos of the Facility itself (not events) for the E3 purpose of developing and creating advertising and promotional materials, subject to Sponsor securing all third party rights related to such materials. Q) Parking Lot Use. (i) During the Term, Operator agrees to allow Sponsor one (1) two -day rent -free use of the Parking Lots on the north side of the Facility for a special event. This two -day event will be coordinated with Sponsor and approved by Operator based upon availability of the Facility and any booked or held event(s). Sponsor shall be required to enter into the Facility's standard lease agreement regarding the use of the Parking Lot(s). Staffing and food and beverage are not included in the cost /use of the Facility and would be the responsibility of Sponsor. (k) Other Exclusive Rights. (i) Sponsor shall have the first option to sponsor specific events for which the Operator has control over sponsorship rights at the Facility. Sponsor has seven (7) days after receipt of the offer of sponsorship to accept said offer, which offer shall include the price of sponsorship. (ii) Sponsor shall have the right to present its employees, customers and clients with the first option to purchase tickets to event for which the Operator has the ability to hold a "pre- sale," so- called, prior to the general public. Operator and Sponsor shall reach a mutually acceptable agreement for each such event. 9. LIMITATIONS ON RIGHTS. (a) All Rights not expressly granted to Sponsor herein are hereby reserved to Operator and the Facility's various present and future tenants and licensees from time to time. Sponsor hereby acknowledges and agrees that Operator has retained the sole and exclusive right to enter into signage and advertising commitments with other parties and cause additional signage and advertising to be displayed throughout and with respect to the Facility, provided only that such signage and advertising does not violate the terms and conditions of this Agreement. (b) Display and, if applicable, illumination of signage shall be limited to those events for which the Facility is open to the general public, and illumination of signage shall further be limited to those events in which illumination is appropriate. Such display and illuminations shall further be subject to any reasonable restrictions imposed by any third party event promoters. 0 10. SIGN AND ADVERTISING PRODUCTION; SIGN MAINTENANCE: _ SIGN REPLACEMENT. (a) All permanent exterior signs and other permanent fabricated references or installations for the Facility Name, Facility Logo or Sponsor enumerated herein shall be initially produced, fabricated and installed at the sole cost and expense of Operator, provided that Sponsor shall be producing the design for such signage and fabricated references at its expense. Except as otherwise contemplated by Section 11, no changes shall be made with respect to Facility Name or Facility Logo signage once it is installed without the mutual agreement of the parties. (i) In the event Sponsor directs that any advertising signage be changed or related /alternated by Operator with other Sponsor advertising during the Term, Sponsor shall be responsible for the production and fabrication thereof and for the actual installation /removal expenses incurred by Operator as a result thereof. (ii) In addition, if Sponsor desires that Operator store any of Sponsor's permanent advertising signage during the Term, Operator shall store such signage in the Facility (provided that Operator has storage capacity), in exchange for Sponsor's paying a reasonable rental fee to Operator promptly upon receipt of Operator's invoice therefore. Operator shall not be responsible or have any liability whatsoever for any loss, damage or theft of such signage while stored by Operator, and Sponsor shall be solely responsible for procuring the necessary coverage to insure against such loss, damage or theft as well as any loss or damage to any person or the property of the Operator arising out of the storage of Sponsor's signage at the Facility. (b) Operator shall clean and use reasonable efforts to maintain in a state of reasonably good condition and repair, reasonable wear and tear excepted, the Marquees and all other signs identifying the Facility or advertising Sponsor as required by this Agreement after their installation. (c) In the event Sponsor changes its name or logo or desires to replace the Marquee Logos after its initial installation (only to the extent permitted pursuant to this Agreement), Sponsor shall be responsible, at its cost and expense, for the design, production, and installation of such replacement Marquee Logos. Once installed, title to any replacement Marquee Logos shall vest with Operator. Any such changes shall be subject to the reasonable approval of Operator and any applicable zoning or other legal requirements. Sponsor shall be responsible for all permit fees and expenses associated with approval of new signage (d) With respect to all other advertising and promotions for Sponsor described herein (i.e., other than permanent signage described in Subsection 10(a) above), Sponsor shall furnish the associated advertising and promotional material at its cost and expense and be responsible for all production costs 10 with respect to the advertising and promotional materials which are subjects of this Agreement. Sponsor shall also be responsible for the production and installation costs of any and all changes to interior Facility signage, including the basketball court and center ice logo. (e) Owner and Operator shall have the absolute right to approve all signage and other advertising features which are to be furnished by Sponsor hereunder, which approval shall not be unreasonably withheld, and all such material will be considered approved if not expressly rejected by Operator within thirty (30) days after it is submitted. 11. RENAMING. (a) In the event Sponsor desires to rename the Facility during the Term, Sponsor shall do so only with the consent of Operator and Owner, which consent Operator and Owner may, in their sole discretion withhold, it being in part the purpose of this Agreement to establish a consistent and continuous name for the Facility during the Term. In the event that the proposed renaming occurs in connection with 0) the merger of Sponsor into a third party, or (ii) the sale of all or substantially all of the stock or assets of Sponsor to a third party, then Sponsor shall have the right to rename the Facility upon providing at least one hundred and eighty (180) days prior written notice to Operator (i.e., but without seeking Operator's consent), subject to the provisions of Section 14. Provided, however, if Sponsor merges with a third party, who in the determination of Owner and Operator, conflicts with the business principles, image, or otherwise, of Owner or Operator, then Owner and Operator may terminate this Agreement. Sponsor and Operator shall coordinate the timing of the name change to minimize the costs associated therewith; it being understood that Sponsor shall reimburse Operator for any out -of- pocket costs or expenses Operator incurs as a result of such name change (including without limitation the cost or expense of removing existing signage referencing the Facility Name or Facility Logo, designing and producing new signage (which shall be subject to the reasonable approval of Owner and Operator) and installing such new signage in or at the Facility). (b) Notwithstanding anything stated herein to the contrary, (i) in no event may Sponsor rename the Facility more than once during the Term, and (ii) Sponsor will not have the right to rename the Facility if any of the transactions described in clause (i) or (ii) of subsection (a) above, in Owner and Operator's reasonable opinion, create or tend to create a negative connotation for, or impair or tend to impair the goodwill of, the Facility. If such an event happens, then Operator may, at its sole option, elect to terminate this Agreement upon giving prior written notice to Sponsor, with such termination to be effective as of the closing date of the above - reference transaction. Upon any such termination, Operator shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the date of such closing. 11 12. DESTRUCTION OF FACILITY: CESSATION OR INTERRUPTION OF OPERATIONS; CLOSURE OF FACILITY. (a) If the Facility is wholly or substantially destroyed or condemned, Owner will determine whether or not Owner will rebuild the Facility within a reasonable time, and Operator will promptly notify Sponsor of Operator's intention in writing. If Owner determines it will rebuild, then the Term shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to its destruction and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days. If Owner (i) determines it will not rebuild the Facility or (ii) does not substantially rebuild the Facility within eighteen (18) months, then this Agreement shall terminate as of the date of the last event and, if applicable, Operator shall refund to Sponsor the earned portion of any Annual Fee paid, based on the termination date. (b) In addition, upon the cessation or material interruption of use or operation, for any other reason whatsoever, or no reason (including but not limited due to a force majeure not described in Subsection 12(a) above), the Term shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to the cessation or material interruption of operations and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days. During any temporary cessation of business as described in Section 12(a) or (b), the payment schedule for any Annual Fees shall also cease and resume only upon the date of the first event held after such cessation, and shall continue until the expiration of any extension of the Term resulting from the cessation or material use or operation of the Facility. (c) The Owner retains the right, in Owner's sole discretion, to permanently close or cease operations of the Facility. Any such closure or cessation of operations shall not be deemed a breach of this Agreement by Owner and Operator, but Operator shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the actual closing date of the Facility. 13. EFFECT OF EARLY TERMINATION. Upon termination of this Agreement for any reason prior to the end of the Term, Operator shall, within a reasonable time not to exceed ninety (90) days, remove, at its discretion, either the signs bearing the Facility Name and Facility Logo or remove the Facility Name and Facility Logo from the signs and use commercially reasonable efforts to remove or replace all other references to the Facility Name and Facility Logo contained in all other official Facility materials and items as soon as practicable; and remove and, at Sponsor's election, either destroy or make available to Sponsor for pick -up all other Sponsor signage then displayed though out the Facility. Upon termination Operator shall rename the Facility subject to approval by the Owner, and Operator shall cease from referring to the Facility by the Facility Name and 12 using the Facility Logo, except that reference by others to the established name or logo shall not be a violation of this Agreement or give rise to any legal or equitable claim or cause of action against either party hereto. Operator shall make reasonable efforts to notify parties contracting with Operator or its agents to cease and desist from referring to the Facility by the Facility Name. In addition, upon any such termination Sponsor will cease and desist from referring to the Facility by the Facility Name or using the Facility Logo or including such reference in any marketing literature or campaign. 14. ASSIGNABILITY AND TRANSFERABILITY; SALE OF RIGHTS. Except as otherwise provided in this Section 14, the rights and obligations created by this Agreement are exclusive to and shall not be transferred or assigned by Sponsor or Operator, except by written agreement by both Sponsor and Operator. a. (i) Operator may assign this Agreement and /or its rights or duties hereunder, in whole or in part, for administrative, operational and /or financing purposes to another entity, upon written approval of Owner and Operator. The parties agree that the assignee of Operator, if such an assignment should be made, shall be able to enforce the provisions of the Agreement pursuant to such assignment without the further consent of Sponsor. (ii) The parties acknowledge and agree that Operator may delegate certain or all of its duties in connection with this Agreement. (iii) If, during the Term, the Operator sells, transfers or conveys the Operator's interest in the Facility (including its right to name the Facility), such sale, transfer or conveyance shall be subject to the rights of Sponsor as contained in this Agreement, and Operator shall provide as part of said transaction to a third -party transferee that the transfer assumes Operator's rights and obligations herein. Upon such transfer to a third -party transferee, Sponsor shall look to the transferee for performance of Operator's duties and obligations under this Agreement, and Operator will be fully and completely released from liability to Sponsor under this Agreement. (iv) Upon termination of the Management Agreement, the Owner shall allow Sponsor continued rights under this Agreement or may retain a new operator that will assume all obligations of Operator hereunder. b. (i) Sponsor shall not assign or transfer this Agreement and /or its rights or duties hereunder (by operation of law or otherwise) without the prior written consent of Operator; provided, however, that, if Sponsor is merged into (which constitutes a change in control or a renaming of Sponsor), acquire by, or sells all or substantially all of its assets to, a third party that is financially capable of performing Sponsor's duties and obligations hereunder (as determined by Operator in its reasonable discretion), then Sponsor shall have the right to assign or transfer this Agreement upon providing written notice to Operator and obtaining Owner and Operator's consent. If Sponsor 13 both assigns its rights and delegates its duties hereunder to a third party or affiliate pursuant to and as permitted by this paragraph and such person agrees in writing to be bound by the provisions hereof, Sponsor shall thereupon be released and discharged from any further liability or obligation hereunder. Sponsor agrees to provide Operator with such financial statements and other financial information as Operator may reasonably request in order for Operator to confirm the financial capabilities of any assignee or transferee hereunder. (ii) Sponsor acknowledges and agrees that Sponsor does not have the right to sub - license any of its rights hereunder and, therefore, may not engage in any co- branding or partnering arrangement with any other advertiser or Sponsor with respect to any of the rights or benefits granted hereunder without the prior written approval of Operator and Owner which approval may be withheld in their sole discretion. 15. CONFIDENTIALITY /NON- DISCLOSURE. With respect to the entering into of this Agreement, Sponsor and Operator shall not, and shall not permit any agent thereof, to issue any press release or make any public statement with respect thereto without mutual consent, except as may be required by law and then only with such prior consultation. The parties acknowledge that Owner is subject to the Virginia Freedom of Information Act and acknowledge that this Agreement is a public document. 16. REPRESENTATIONS AND WARRANTIES: (a) Operator hereby represents and warrants to Sponsor as follows: (i) Operator is duly organized and validly existing as a limited partnership under the laws of the State of Delaware and authorized to conduct business as of limited foreign partnership under the laws of the Commonwealth of Virginia, and authorized to transact business in the Commonwealth of Virginia, and has the requisite power and authority to own, lease and operate its assets and to carry on its activities as they are presently being, and as they continued to be, conducted. (ii) The execution, delivery and performance of this Agreement by or on behalf of Operator does not and will not: (a) violate any provision of Operator's organizational documents; (b) violate, conflict with, or result in the breach of any of the terms of any contract, mortgage, bond, indenture or other instrument, obligation, contract or agreement to which Operator is a party; (c) violate or conflict with any writ, order, judgment, injunction, award or decree of any court, arbitrator or governmental or regulatory agency or body by which Operator is bound; or (d) violate or conflict with any statute, law, regulation, rule or ordinance by which Operator is bound. 14 (iii) Operator has the full legal right and power and all authority and approval required to enter into, execute and deliver this Agreement, and perform the transactions and obligations contemplated herein. (iv) This Agreement has been duly executed and delivered by or on behalf of Operator and constitutes the legal, valid and binding obligation of Operator, enforceable in accordance with its terms (assuming due execution, delivery and performance by Sponsor) subject, however, to general principles of equity and the rights of creditors generally. (b) Sponsor hereby represents and warrants to Operator as follows: (i) Sponsor is duly organized and validly existing as a Virginia corporation , and is authorized to conduct business, under the laws of the Commonwealth of Virginia and has the requisite power and authority to own, lease and operate its assets and properties and to carry on its activities as they are presently being, and as they continue to be, conducted. (ii) The execution, delivery and performance of this Agreement by Sponsor does not and will not: (a) violate any provision of its organizational documents; (b) violate, conflict with, or result in the breach of any of the terms of any contract, mortgage, bond, indenture or other instrument, obligation, contract or agreement to which Sponsor is a party; (c) violate or conflict with any writ, order, judgment, injunction, award or decree of any court, arbitrator or governmental or regulatory agency or body by which Sponsor is bound; or (d) violate or conflict with any statue, law, regulation, rule or ordinance by which Sponsor is bound. (iii) Sponsor has the full legal right and power and all authority and approval required to enter into, execute and deliver this Agreement and perform the transactions and obligations contemplated herein. (iv) This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Sponsor, enforceable in accordance with its terms (assuming due execution, delivery and performance by or on behalf of Operator), subject, however, to general principles of equity and the rights of creditors generally. 17. TERMINATION UPON DEFAULT: REMEDIES. (a) A default shall be deemed to have occurred hereunder if: 15 (i) Sponsor defaults in the making of the payments required to be made by it under Section 4 hereof after Operator has given Sponsor at least thirty (30) days written notice under this Agreement and said thirty (30) days have elapsed and such payment is due and payable. (ii) Operator or Sponsor defaults in the performance or observance of any other term, covenant, condition or provision of this Agreement on its part to be performed, such default is of a kind which is curable or remediable within a thirty (30) day period, and such default continues for a period of thirty (30) days after service of written notice of default. (iii) Operator or Sponsor defaults in the performance or observance of any other term, covenant, condition or provision of this Agreement, cure is possible, and the curing or remedying of such default requires the doing of work or the taking of action which cannot with due diligence be completed in a thirty (30) day period, such default continues beyond the end of the 30 -day period after the service of a notice of default, and such amount of time as is reasonably necessary to cure or remedy such default, taking into account unavoidable delays to do the work required or to compete such other action as is required to cure or remedy the default in question; (iv) There shall be filed against Sponsor or Operator in any court pursuant to any federal or state statute, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or substantially all of said party's property and within one hundred and twenty (120) days of such filing said party fails to secure a discharge of such petition or the dismissal of such proceedings, or said party files a voluntary petition in bankruptcy or insolvency or for such reorganization or for the appointment of such a receiver or trustee or makes an assignment of the benefit of creditors or petitions for or enters into an arrangement for the benefit of creditors; (b) 0) Within a reasonable time after the occurrence of any default which is continuing, the non- defaulting party shall, if it so elects, have the right to terminate the Agreement upon giving the defaulting party notice of intention to terminate the Agreement and all rights of the defaulting party thereunder and, upon the effective date of such termination specified in such notice (which shall be not less than 10 days after the giving of such notice), the Term shall end as fully and completely as if that were the date herein fixed for the expiration of the Term. (ii) In the event of a material beach by either party of any of the terms, covenants, conditions or provisions hereof, the EIS non - breaching party shall have the right to apply for an injunction to restrain the same or invoke any other remedy allowed by law or in equity, including, without limitation, the right to money damages, as if specific remedies, indemnity or reimbursement were not herein provided for. Without limiting such remedies available to Owner, in the event Sponsor defaults or terminates this Agreement before the end of the Term, which default or termination is not otherwise cured, Operator shall have the right to accelerate the remaining amounts due by Sponsor for all of the Contract Years remaining under the Term of this Agreement, immediately due and payable, which Sponsor agrees to pay Operator. (iii) The rights and remedies given to the non - defaulting party in this Agreement are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by the non - defaulting party, shall be deemed to be in exclusion of any of the others provided herein or by equity. 18. INDEMNIFICATION. (a) Sponsor agrees to and hereby does indemnify, defend and hold harmless Operator, Operator or manager of the Facility, Owner, and each of their respective shareholders, directors, officers, Commissioners, employees, and agents and assigns, and the Roanoke Civic Center Commission, of and from any and all Losses resulting from a third party claim made against Sponsor, Owner, Operator, or the Roanoke Civic Center Commission, resulting from (i) any breach or failure of performance hereunder by Sponsor or any officer, director, agent, subcontractor or employee thereof; (ii) any negligence or willful misconduct on the part of Sponsor or any officer, director, agent, subcontractor, employee, guest or invited thereof; and (iii) the content and /or use of the advertising and /or other commercial material which Sponsor furnishes for use pursuant to this Agreement. The provision of this Subsection 18(b) shall survive any termination of this Agreement. (b) In order to invoke this indemnity, the party seeking indemnification must (i) give the other party notice of the Loss giving rise to the liability as soon as reasonably practicable after becoming aware of the Loss or after receiving third party notice of the Loss, as the case may be (and in any event not more than thirty (30) days after any third party litigation is commenced asserting such claim), and (ii) cooperate with the other party in defending any third party claim, at the indemnifying party's expense. 19. INSURANCE. During the Term hereof, Sponsor shall, at its sole cost and expense, procure and maintain insurance in the amounts stated below. Sponsor shall cause its general liability insurance to name Operator, Owner, and the Roanoke Civic Center Commission, and such parties' agents, employees, and assigns, as an 17 additional insured. All insurance and bonds shall be effective prior to the beginning of any work by Sponsor within the City. (a) Commercial General Liability. Sponsor shall maintain during the life of the Agreement Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for this coverage shall be $ 1,000,000 combined single limit for any one occurrence and $1,000,000 aggregate. (b) Contractual Liability. Sponsor shall maintain during the life of its Agreement broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement if it is not included in the Commercial General Liability insurance coverage in (b) above. (c) Workers' Compensation. Sponsor shall maintain during the life of the Agreement Workers' Compensation insurance covering Sponsor's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be $ 100,000 bodily injury each occurrence; $500,000 bodily injury by disease (Policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation and Employer's Liability coverage, the Sponsor's insurance company shall waive rights of subrogation against the Owner and Operator, and their respective officers, agents, employees and volunteers. (d) Automobile Liability. Sponsor shall maintain during the life of this Agreement Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its Agreement. (e) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $ 1,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the overages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Sponsor to the Operator. (f) Evidence of Insurance. All insurance shall meet the following requirements: wl? (1) The Sponsor shall furnish the Operator a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The Operator shall be notified of any deductible greater than 10% of the policy limit and such deductible shall be subject to approval of the Operator, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to pre - funded /fully- funded deductible programs upon proper documentation acceptable to the Operator. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to Global Spectrum, L.P., and the City of Roanoke." (3) Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the Operator and the Owner and, their respective officers, agents, employees and volunteers, and the Roanoke Civic Center Commission as additional insureds in connection with this Agreement. (4) Insurance coverage shall be in a form and with an insurance company approved by the Operator which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 20. BOND. In addition to the insurance required to be obtained by Sponsor, Sponsor further agrees to obtain and execute a bond in favor of Operator and Owner, with surety in the amount of $15,000.00, upon execution of this Agreement, in accordance with the requirements of Section 15.2 -2104 of the Code of Virginia. The bond shall be conditioned upon the construction, operation and maintenance of this Agreement. 21. NONDISCRIMINATION a. During the performance of this Agreement, Sponsor agrees as follows: (1) Sponsor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Sponsor. Sponsor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 19 (2) Sponsor in all solicitations or advertisements for employees placed by or on behalf of Sponsor will state that Sponsor is an equal opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. Sponsor will include the provisions of the foregoing Section a (1, 2, and 3) in every subcontract or purchase order of over $10,000 in connection with the performance of this Agreement, so that the provisions will be binding upon each subcontractor or vendor. 22. DRUG -FREE WORKPLACE a. During the performance of this Agreement, Sponsor agrees to (i) provide a drug free workplace for Sponsor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Sponsor that Sponsor maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. b. For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. 23. FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section 2.2-4343.1, all parties shall be advised that the Owner does not discriminate against faith -based organizations. 24. COMPLIANCE WITH LAWS AND REGULATIONS, AND IMMIGRATION LAW. Sponsor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. Sponsor further agrees that Sponsor does not and shall not during the 20 performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 25. MISCELLANEOUS (a) Governing Law; lurisdiction. This Agreement and all matters or issues incident hereto shall be governed by and construed under and in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflicts of law. Venue for resolution of all disputes arising hereunder shall be in the City of Roanoke, Virginia. (b) Entire Agreement. This Agreement and its Exhibits constitutes the final, complete and exclusive written expression of the intent of the parties with respect to the subject matter hereof, and supersedes all previous verbal and written communications, representations, agreements, promises or statements, and all contemporaneous verbal communications, representations, agreements, promises or statements. (c) Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Agreement. (d) Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (e) Successors. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (f) Notices and Addresses. All notices required to be given under this Agreement shall be given by personal delivery or by certified or registered mail, or overnight mail, addressed to the proper party to the following addresses, or at such other address as may be subsequently given pursuant to this Section, and shall be deemed given (1) when delivered by personal delivery, (2) three (3) days after deposited in the United States mail, postage prepaid, or (3) one (1) day after depositing, charges prepaid, with an overnight courier: 21 IF TO SPONSOR: Sponsor: Berglund Management Group, Inc. Address: 1824 Williamson Road, Roanoke, Virginia, 24012 Attn: William Farrell, President Tel: (540) 344 -1461 E -mail: wfarrell @berglundcars.com IF TO OPERATOR: Global Spectrum, L.P. 710 Williamson Road, N.E. Roanoke, VA 24015 Attn: Robyn Schon, General Manager IF TO OWNER: City Manager City of Roanoke, Virginia Room 364 Noel C. Taylor Municipal Building 215 Church Avenue, N.W. Roanoke, VA 24011 (g) Amendment, Modification, or Alteration. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing, dated subsequent to the date hereon and duly executed by the parties hereto. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. (i) Headings Only for Reference. The titles of sections of this Agreement are for reference purposes only, and shall be of no binding effect. 0) Status of Parties. Sponsor and Operator shall be deemed and construed as independent contractors with respect to one another for all purposes and nothing contained in this Agreement shall be determined to create a partnership or joint venture between Sponsor and Operator. (k) Waiver. The waiver by either Sponsor or Operator of any default or breach by the other party of any of the provisions of this Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Agreement. In order to be binding, any waiver must be in writing and signed by the party against whom enforcement is sought. 22 (1) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (m) Employee Status. It is understood and agreed that no agent, servant or employee of Sponsor or any of its agents or subcontractors shall be, under any circumstances, deemed an agent, servant or employee of Operator and that no agent, servant or employee of Operator or any of its agents or subcontractors shall be, under any circumstances, deemed an agent, servant or employee of Sponsor. IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives as of the date first written above. Witness Witness 23 SPONSOR NAME BERGLUND GROUP, INC., corporation MANAGEMENT a Virginia By: --------------- -- Name: William Farrell Title: President GLOBAL SPECTRUM, L.P as agent for the City of Roanoke, Virginia By: Printed Name: Robyn Schon Title: General Manager The City of Roanoke, Virginia, a Virginia municipal corporation, hereby approves and consents to the terms and conditions contained in this Agreement. The City of Roanoke, Virginia expressly agrees that it will use the Facility Name on the website of the City and in written materials that involve the Roanoke Civic Center Facility. ATTEST: Stephanie M. Moon Reynolds City Clerk Authorized pursuant to Ordinance No. Approved as to Form: Assistant City Attorney FM CITY OF ROANOKE, VIRGINIA By:--------------------- Christopher P. Morrill City Manager Date:-------------- - - - - -- Exhibit A of the Naming, Advertising and Sponsorship Agreement between BERGLUND MANAGEMENT GROUP, INC. And Global Spectrum, L.P., as operator BERGLUND MANAGEMENT GROUP, INC. By: - -- Name: Title: Facility Logo (to be attached) 25 GLOBAL SPECTRUM, L.P. as agent for the City of Roanoke, Virginia By: - -- Name: Title: • The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date R.BRIAN TOWNSEND,ASSISTANT C August 11,2014 215 CHURCH AVE SW ROOM 364 ROANOKE.VA 24011 Date Category Description Ad Size Total Cost 08/11/2014 Municipal Notices ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 187 L 1,765.44 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 08/04.08/11/2014 „ ,, ` � ,i„r gyp! A•.A P QP..'NoTARY H 2 co: PUBLIC H - The First insertion being given... 08/04/2014 = • BEG.#7090930 * - . MY COMMISSION Newspaper reference: 0000058090 0'. EXPIRE � •s Sworn to and subscribed before me this Monday,August 11,261*EALiH.... nun ` -)OC the O u Nob W Witness State of Virginia CitylCounty of Roanoke My Commission expires ID.31-13 • THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU for a veALads Rites/teemed t ante WWryosed Ordinance may be obtained from the ADVERTISEMENT Mefroiwfng information: „t CleressooAce at Me above address on and FOR INVITATION 1.Thele algname of the entity sub fitting tee l5.2.2"ao.eI Code ig 19Sections 0 FOR BIDS '144! the Regime Sine CumOnaTM amended,C notice o City ofRoRoande`wit holed a i n. AND L The regale a oumt of Me anmml public hearing W Me above maser at Its payments for the naming net to be made to thWM to be held on Monday.Aupso Me Global Spectrum,LP.for such Naming thereafter tas local voav,e,as Me NOTICE OF PUBLIC nights Agreemerlt. The minimum acceptable Council ,ambe.Room/50,Noel C.Taylor amount is S1.40090010 Mudded t15 Church Avenue.S.W., HEARING 1.The amour of to aym(MSforeaM Year Roadie, Vi 24011. for further of the term of the Naming Rights Agreernaml information on IMS matter,you may The minimum aaepra0k amount for lbe hat the Office of the City Clerk at 540)853-2541.`contact yey"rreeadif the a tell the Naming RIGS All parties Inc interested arwns may Before the Council of the 4. me agdruereumnpent of me bidder to make heaarrd e n the above date end time and be City of Roanoke payments 7 each year inueorance w e II you are a person who needs ••l s of nneion set forth In Me accommodations for N hearing, please earning Rights for Execution of a 5.The identification of the bidder's rknary anon the City Clerk's Office a (5w)151. balers whil primmy business shag be the ]511 before lino nom on the Thursday before Naming,Advertising,and Produce Category for at purposes h the the dateolndermy gndtedabove. Naming Right lee term"primary 101/GNEN Oder myNedtIs 30th day of Sponsorship Agreement w:kle s'is defined M me Naming Rights with Global Spectrum, & `name proposed byyNtthe bidder for the 51ephaMe M.Moon Reynolds. LP. Remake`MUMcat�ibittf 1 the bidder to make G7 Clerk for Naming,Advertising, r p of^`me tern oo dents a0907 reement and Sponsorship at the a Information that a demonstrates the Roanoke Civic Center reputation of the1 bidder c duc of ts Facility business and prsfm ame of its contracts and agreements. and (I) demonstrates the bidder's ability and ammitmml to colaborate with Global SpecMUis LP.and the City In the Pursuant to the retirements of Sections promotion of the Roanoke Civk Center facility. IS]310/15.21101.15.P2101.et sem..Code of 9.The agreement of the bidder to execute the Virginia (0950). as amended the City of Naming Rights Agreement Roanoke.Virginia(City)hereby gores nohke It The bidder agrees to pay for the cosy of that the CAT is inviting bids from puilteo advertisements Incurred by the City if the bidders to enter into a Naminng9,.Adverting, bidder's bid Is scepted and Spyworslip Agqrreeeement(Nam,g Rights I1.The bidder acknowledges�that this process AgreerngnU with OmNhal$g VAgreee Agreement is sublet asoarnended me Men agrrefess.if it the usonuccccesessful bidder wig have the right en bid t accepted to post a bond with surety in have its name on Me facilities at the Roanoke favor of the City pursuant to Make 152-1104. Civic Center complex located at 110 Coded Virginia(1950 as mended. Williamson Rao N.E. Roanoke W Mora 11.Other erltemaS as the bidder deems (Weill Tax Map No. 1011004).subject to Wpoprlte certain term and conditions of sot Naming Right Agreement The term of the Naming aids are to he submitted in a sealed Rights Acteement that be ten(10) years. envelope or container to the City Clerk at the starling On the October I.2014 and ending adders noted herein on or before Noon.12:90 September 91 1011.The term of the Naming p.m.local Mme.MoMq,August It 1p11.The Rghts Agreement N also subject to outide of the bid enwwpe should be marked termination as set loth In the Naming Rights as bows:"aid for Na Rites Aperient Agreement or in accordance nit the law. with G loba Spectrum. LP. to Namng. The tuning Rights Agreement will at Advertising.and Monsanto SMonNsoorrsgto at�MOee�Roanoke allow adveestkg rrM�ohuts to Ihhee Roam*. Clue City Coucil Mee tO Be at 2 addressed Chic Center Facility witMn the successful August It 1014"me bid bidder's Product Category,as that term is to the Council of the Cey of Roanoke c/o defined In the Bid Form and Naming Rights Office of the City Clerk Room 4%Nod C. Agreement iaybt Municipal au0dkg,115 Church Avenue. Global Spectrum. LP, entered into a SW Ramona vi 24011. Ail bids ` 00d cle on of9ewAgreement r the unary t j 2Ooa operation unopened. unlit 2:00 l MWbm Ianngemnl O �Ci Center wl ppuumrdC�nhaei il a deneered to the ComuiCmbbeMat mManagement �l Taylor �M ener in agree the molt i �A . . men W of Roanoke CmMera . sect . thereafter puffiklY Wettedand eyreemest is subject to to approval of the read aloud in accordance with Section 15.2. Crry 1101,Coded KgMYa(1950).leneeded. if the City elects to award a Naming Right The City reserves the tight to cancel this Agreement for tlis matter,City Council wed be nailaS for Bids and/or to reject any and ell rebutted to adopt an ordkance granting such bids,to waive any inlonmaliry or lne9Mty in an award which will provide n suMynce for a the bids received and to accept the Did which Naming Rights Agreement as set forth above. is deemed to be in the best Interest of the City. A copy of the MI text of the proposed The entity to whom any WmNg Ordinance and a draft of the proposed Naming Agreement may be awarded shall reimburse Rgks Agremmt are m file and may be Me City for Messy Olanyadvedisemry reviewed a the Office of the City Clerk,Rom for this matter. 4%Noel C.Taylor Municipal elledingt215 The bidder to whom the Naming MOMS Church Avenue. W..ROantke.Vngnia 24011. Agreement is awarded will be moaeedto written bi including entry is completed bid lortm,, n accordance with thepmisWOd Section tS2.l001 Code of Virginia(1950).as amended. The necessary bid fomh a copy of the proposed Naming Rights Agreement.and the (D)L ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution of a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P. for Naming, Advertising, and Sponsorship at the Roanoke Civic Center Facility Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders to enter into a Naming, Advertising, and Sponsorship Agreement (Naming Rights Agreement) with Global Spectrum, L.P. and the City under which Naming Rights Agreement the successful bidder will have the right to have its name on the facilities at the Roanoke Civic Center complex located at 710 Williamson Road, N.E., Roanoke, Virginia (Official Tax Map No. 3024004), subject to certain terms and conditions of such Naming Rights Agreement. The term of the Naming Rights Agreement shall be ten (10) years, starting on the October 1, 2014 and ending September 30, 2024. The term of the Naming Rights Agreement is also subject to termination as set forth in the Naming Rights Agreement or in accordance with the law. The Naming Rights Agreement will also allow the successful bidder to have certain exclusive advertising rights at the Roanoke Civic Center Facility within the successful bidder's Product Category, as that term is defined in the Bid Form and Naming Rights Agreement. Global Spectrum, L.P., entered into a Management Agreement with the City dated as of January 1, 2014, for the operation and management of the Roanoke Civic Center (Management Agreement). That Management Agreement allows Global Spectrum, L.P. to enter into an agreement regarding the naming of the Roanoke Civic Center Facility. Any such agreement is subject to the approval of the City. If the City elects to award a Naming Rights Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Naming Rights Agreement as set forth above. A copy of the full text of the proposed Ordinance and a draft of the proposed Naming Rights Agreement are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Naming Rights Agreement as set forth above. Each bidder shall submit at a minimum the following information: Notice of Public Hearing Naming Rights Agreement (final 07.30.2014) I . The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The aggregate amount of the annual payments for the naming right to be made to the Global Spectrum, L.P. for such Naming Rights Agreement. The minimum acceptable amount is $1,400,000.00 3. The amount of the payments for each year of the term of the Naming Rights Agreement. The minimum acceptable amount for the first year of the term of the Naming Rights Agreement is $300,000.00 4. The agreement of the bidder to make payments during each year in accordance with the schedule of payments set forth in the Naming Rights Agreement. 5. The identification of the bidder's primary business which primary business shall be the Product Category for all purposes in the Naming Rights Agreement. The term "primary business" is defined in the Naming Rights Agreement. 6. The name proposed by the bidder for the Roanoke Civic Center Facility. 7. The financial ability of the bidder to make the payments that will be due during the first year of the term of the Naming Rights Agreement. 8. Information that (i) demonstrates the character, judgment, integrity, experience, and reputation of the bidder in the conduct of its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with Global Spectrum, L.P. and the City in the promotion of the Roanoke Civic Center facility. 9. The agreement of the bidder to execute the Naming Rights Agreement. 10. The bidder agrees to pay for the costs of advertisements incurred by the City if the bidder's bid is accepted. 11. The bidder acknowledges that this process is subject to 15.2 -2100, et seq, Code of Virginia (1950), as amended, the bidder agrees, if its bid is accepted, to post a bond with surety in favor of the City pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. 12. Other information as the bidder deems appropriate. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Monday, August 18, 2014. The outside of the bid envelope should be marked as follows: "Bid for Naming Rights Agreement with Global Notice of Public Hearing Naming Rights Agreement (final 07.302014) 2 Spectrum, L.P. for Naming, Advertising, and Sponsorship at the Roanoke Civic Center Facility, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on August 18, 2014." The bid should be addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, August 18, 2014, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Naming Rights Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The bidder to whom the Naming Rights Agreement is awarded will be required to execute a bond with surety in favor of the City in accordance with the provisions of Section 15.2 -2104, Code of Virginia (1950), as amended. The necessary bid form, a copy of the proposed Naming Rights Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Monday, August 4, 2014. Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 18, 2014, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853 -2541. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this day of July, 2014. Stephanie M. Moon Reynolds, City Clerk Notice of Public Hearing Naming Rights Agreement (final 07.302014) Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, August 4, 2014, and once on Monday, August 11, 2014. Please send bill to: Sherman Stovall Assistant City Manager Operations 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2333 Notice of Public Hearing Naming Rights Agreement (final 0730.2014) Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office 456 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 (540) 853 -2541 ., ; CITY OF ROANOKE "'"1 OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk(r! oanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk August 19, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40019-081814 amending and reordaining Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 4, 2014, and also adopted by the Council on second reading on Monday, August 18, 2014 and is in full force and effect upon its passage. Si. - - ely, j ecelia T. Webb, CMC Assistant City Clerk Enclosure pc: Gary and Annie L. Bannister, 3316 Preston Avenue, N. W., Roanoke, Virginia 24012 Terry Huxhold, 1125 16th Street, S. E., Roanoke, Virginia 24013 Ben Burch, Airlee Court Neighborhood Watch Association, 923 Curtis Avenue, N. W., Roanoke, Virginia 24017 Dwight Fix, Brentwood Neighborhood Watch, 142 Maplelawn Avenue, N. E., Roanoke, Virginia 24012 Rich Johnson, Fleming Court, Neighborhood Watch, 230 Christian Avenue, N. E., Roanoke, Virginia 24012 Joann Lynch, Greater Huntington Area Neighborhood Watch, 4404 Williamson Road, N. W., Roanoke, Virginia 24012 Municipal Code Corporation August 19, 2014 Page 2 Pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance \\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40019 - 081814. AN ORDINANCE amending and reordaining Section 24 -97, Possession or consum tp ioll of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Propert y Generally, of the Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that: Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. I ( "Century Square "), Mill Mountain Park (including the Discovery Center), Mountain View, Wachovia Plaza at Market Street, S.E., adjacent to the Market Square Walkway ( "Wachovia Plaza "), Reserve Avenue Park, aed- SunTrust Plaza, and Preston Park, hereinafter collectively referred to as the "designated park facilities," under the following conditions: (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and Wachovia Plaza, and Preston Park. Any person or entity may apply for the city's alcohol permit for Mountain View, the Discovery Center, Reserve Avenue Park, and SunTrust Plaza; August 5, 2014, ord- amending code section 24- 97 -3.doc ATTEST: fi�i,�1004City Clerk I S J. COUNCIL CITY AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 4, 2014 Subject: Amendment of Section 24 -97 of the Code of the City of Roanoke (1979), as amended to include Preston Park to the list of designated park facilities where alcoholic beverages may be possessed and consumed under certain rules and conditions Background: With the continued growth in popularity of outdoor events and festivals in various parts of the City, the Williamson Road Area Business Association (WRABA) has requested consideration by the City to provide a public location adjacent to the Williamson Road Area Service District of a sufficient size and location in order for WRABA and other non - profit organizations to hold large scale events and festivals at which the sale and consumption of alcoholic beverages would be permitted. Section 24 -97 of the Code of the City of Roanoke governs the parameters and conditions under which alcoholic beverages may be consumed in the City's parks through the issuance of a permit under the authority of the City Manager, and specifies for which locations such permits may be issued. Park locations around the City for which such permits may be issued to non - profit organizations only include Elmwood Park, Century Square and Wachovia Plaza in Downtown, and Mill Mountain Park. There are currently no public parks north of Downtown within which alcoholic beverages may be sold and consumed for public events held by non - profit organizations. For the purposes of the City Code, a non - profit organization is defined as an organization having attained a 501 (c) status under Title 26 of the United States Code. Considerations: Preston Park, Tax Map No. 2100601, located at 3137 Preston Avenue, N.W. has been identified as a preferred park location along the Williamson Road corridor to be added to the list of parks for which the City Manager may issue a permit under certain terms and conditions permitting the sale, possession, and consumption of alcoholic beverages at events held by non - profit organizations. Given the proximity of this park to certain Roanoke City School system facilities, the inclusion of Preston Park onto the list of locations within which alcoholic beverages could be sold, possessed, and consumed has been reviewed with Roanoke City School administration with no objections noted. An amendment of Section 24 -97 is necessary in order to include Preston Park as an approved location for the sale, possession, and consumption of alcoholic beverages. Given the opportunity to accommodate a broader range of festivals and outdoor public events adjacent to the Williamson Road commercial corridor which will benefit the fundraising and community support activities of area non- profit organizations, it is recommended that City Council amend Section 24 -97 of the City Code. Recommended Action: Amend Section 24 -97 (b) and (b)(2) to include Preston Park, Tax Map No. 2100601, on the list of "designated park facilities," where alcoholic beverages may be sold, possessed, and consumed under the same rules and conditions listed within this Code section for the facilities at Elmwood Park, Century Square, Wachovia Plaza, and Mill Mountain Park (not including the Discovery Center) with respect to events held by non - profit organizations. - Ze4_P__ Att&__ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director, Parks and Recreation 2 7a. '2. ............................. ............................... Ir l WARNING s AIRLEE COURT NEIGHBORHOOD AIRS WitT ' w WATCH ASSOCIATION s Established December 1998 ' Dear Mayor Bowers and City Council, August 1, 2014 Airlee Court Neighborhood Watch Association approves amending Section 24 -97 of the Code of the City of Roanoke (1997) as amended to add Preston Park (tax map #2100601 to the list of "designated park facilities" where alcoholic beverages may be possessed and consumed under the same rules and conditions listed within this code section for the facilities at Reserve Avenue Park. We feel this would improve the quality of life in the Williamson Road area. It is important to the neighborhoods in the City of Roanoke to have the opportunity to hold events in their neighborhood parks. The Williamson Road Area Business Association (WRABA), for example, is looking for a signature location within their area to hold events such as a Wine or Beer festival that would mark the beginning or conclusion of Williamson Road Restaurant Week. WRABA is exploring other event possibilities that would positively promote and celebrate the Williamson Road corridor and neighborhoods. Please vote "yes" add Preston Park (tax map #2100601 to the list of "designated park facilities" Thank you, Ben A. Burch III President, Airlee Court Neighborhood Watch Association 923 Curtis Ave. Roanoke, Va. 24012 540- 400 -2223 Page 1 of 1 6. /. (( �1 This will acknowledge receipt of your email and I have asked staff to distribute copies at the 7:00 pm meeting for the Vice Mayor to acknowledge for the record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 On Aug 17, 2014, at 7:38 PM, "mark powell" < markdouelaspowell (abhotmail.com> wrote Dear members of Roanoke City Council and City Clerk Moon After speaking with members of council, police personnel and numerous members of the public, I want to express that I support the limited, controlled and sanctioned use of areas of Preston Park for the purposes of hosting limited and infrequent events during which alcohol is available. I just applied for an ABC banquet license for an event and I can attest that the process is rigorous and that the oversight is thorough. I feel certain that persons responsible for such events would be able to carry out a successful and safe event that included alcohol consumption, especially with the oversight of Roanoke City and the Department of Alcoholic Beverage Control staff. Other parks in Roanoke successfully carry out such events and I don't know of any significant problems that have arisen at similar events. Wendy Jones of WRABA noted in a conversation with me that one of her goals for such an event would be to attract business and participation in the Williamson Road corridor, where she is heavily involved in community development. While Elmwood Park in downtown Roanoke, for instance, can host such an event to attract crowds to downtown, there is no such public park facility in the Williamson Road corridor that can currently satisfy the same goals. Maybe it's time for a comprehensive policy to address this issue? At any rate, thanks for your consideration. Please add my comments to the record All the best, Mark Powell file: / /C: \Users \CKCT 1 \AppData \Local \Temp \notesE 1 EF34 \— web3025.htm 8/18/2014 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY Timothy R. Spencer 464 MUNICIPAL BUILDING Steven J.Talevi 215 CHURCH AVENUE,SW David L.Collins AtiAsLoVe ROANOKE,VIRGINIA 24011-1595 Heather P. Ferguson Laura M. Carini Daniel J. Callaghan TELEPHONE 540-853-2431 Assistant City City Attorney FAX 540-853-1221 Attorneys EMAIL: c ityatty0troanokeva.gov August 25, 2014 The Honorable Mayor David A. Bowers and Members of City Council Re: Luncheon with President of Virginia Tech Applicability of Virginia Freedom of Information Act Mayor Bowers and Members of Council, Recently, media reports noted that a luncheon was being scheduled among certain Roanoke community leaders, Mayor Bowers, Vice Mayor Trinkle, and the City Manager to introduce, welcome, and meet the newly appointed President of Virginia Tech, Timothy Sands to Roanoke. One media reported that this luncheon was a "meet and greet" with Dr. Sands. In one of the media reports, Mayor Bowers noted that only two members were invited to attend to avoid the appearance of a public meeting as defined in the Virginia Freedom of Information Act (2.2-3700 et seq., Code of Virginia (1950), as amended, hereinafter "FOIA"). Pursuant to Section 2.2-3701 of FOIA, a meeting is defined to include any assemblage of three (3) or more members of a public body. If the assemblage involves the discussion or the transaction of public business, such assemblage constitutes a meeting of a public body and, pursuant to Section 2.2-3707 of FOIA, the public body must provide the public with notice of the public meeting, allow the public to attend, and record minutes of the public meeting. At the conclusion of the regular Council evening session on August 18, 2014,Vice Mayor Trinkle asked the City Attorney to provide any guidance on this matter as the luncheon is scheduled to occur on Wednesday, August 27, 2014. I responded that, based on the facts presented to me solely through the news media reports, the proposed luncheon would not constitute a meeting of a public body under FOIA because no part of the purpose of the luncheon is to discuss or transact public business and the luncheon is not being arranged with any purpose of discussing or transacting any business. Vice Mayor Trinkle requested me to provide the Council with a written opinion on this matter and this opinion is in response to this request. Factual Background The luncheon is scheduled for Wednesday, August 27, 2014, at The Hotel Roanoke. The original attendees included Mayor Bowers, Vice Mayor Trinkle, President Sands, City Manager Morrill, and certain community leaders. On August 20, 2014, Mayor Bowers sent an invitation to all Council Members and noted that no city policy or public business would be discussed at this luncheon. The purpose of the luncheon is to meet and welcome President Sands to Roanoke. The luncheon is not being arranged for the purpose of discussing or transacting any public business that may come before Council. Question Presented If three (3) or more members of City Council attend this luncheon, does the luncheon constitute a meeting of City Council that must comply with Section 2.2-3707 of FOIA? Summary Answer The luncheon does not constitute a meeting of City Council that must comply with Section 2.2-3707 because, based on the facts presented, the luncheon falls within the exception set forth in Section 2.2-3707. G.(i) of FOIA. The members of Council that attend the luncheon must ensure that, in fact, no public business is discussed or transacted at this luncheon. Discussion The purpose of FOIA is to ensure that the people of the Commonwealth of Virginia have "ready access to the public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted." 2.2-3700.8. The General Assembly instructs all public bodies that the provisions of FOIA shall be liberally construed in favor of open government and any exception shall be narrowly construed. Following these objectives and directives, the General Assembly broadly defined meetings subject to FOIA to be any assemblage of three (3) or more members of a public body. See 2.2-3701. FOIA further declares that "all meetings of public bodies shall be open...." See Section 2.2-3707. A. Section 2.2-3707 further sets forth several requirements that public bodies must satisfy in order that its meetings are properly conducted. These requirements include notice of the time, place, and purpose of the meeting; the need to publish agendas and keep minutes, and the obligation to allow the public to attend the meeting. FOIA includes enforcement provisions and penalties for the failure of the public body to fulfill these requirements. See Section 2.2-3713 (petition for mandamus or injunctive relief), Section 2.2-3714 (imposition of civil penalties for willful and knowing violations of FOIA). Section 2.2-3707 G includes a provision that recognizes the ability of members of public bodies to interact with citizens of the Commonwealth without running the risk that such encounters violate the open meeting requirements of FOIA. Specifically, the section provides: Nothing in this chapter shall be construed to prohibit the gathering or attendance of two or more members of a public body (i) at any place or function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, and such gathering or attendance was not called or rearranged with any purpose of discussing or transacting any business of the public body or (ii) at a public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting. The notice provisions of this chapter shall not apply to informal meetings or gatherings of the members of the General Assembly. Section 2.2-3707.G The Supreme Court of Virginia has reviewed this section of FOIA and concluded that a gathering of citizens at a street intersection with city employees and three members of city council to discuss citizens' concerns about the lack of a stop sign at that intersection was not a meeting of the public body. See Beck v. Shelton, 267 Va.482 (2004). The Court found that the gathering was an informational forum to discuss traffic issues in a particular neighborhood. The Court also noted that this matter was not an issue pending before the public body. In addition, the council members who attended the gathering did not discuss anything with each other or as a group. While FOIA does not provide a specific definition of"public business" for purposes of Section 2.2-3707 G, the Virginia Attorney General provided an Advisory Opinion dated August 5, 2011, in which the Attorney General noted a meeting "for the purpose of deliberating policy or preparing to take action" constitutes public business. See Op. Va. Attorney General, August 5, 2011. In addition, the Virginia Freedom of Information Advisory Council ("Advisory Council") has provided several advisory opinions regarding the scope of Section 2.2-3707 G. See,e.g. Advisory Opinion 03.14 (April 17, 2014); Advisory Opinion 03-09 (May 8, 2009); Advisory Opinion 02-02 (March 1, 2002); Advisory Opinion 46-01 (October 5, 2001). In these opinions the Advisory Council notes that the critical analysis involves the review of two factual matters; namely, (a) the number of members of the public body attending the gathering, and (b) whether public business was discussed or transacted. In at least one advisory opinion, the Advisory Council relied upon the opinion of the Attorney General noted above. In another advisory opinion, the Advisory Council concluded that a city council did not engage in the discussion of public business when they attended a meeting with a private group that presented its perspective on the development of public land. See Advisory Opinion 02-02. The Advisory Council noted that, while members of the public body asked clarifying questions, no members deliberated policy or prepared to take any action. Id. As noted, each of these matters is fact sensitive. The Supreme Court, the Attorney General, and the Advisory Council are uniform in this perspective. More importantly, even if the gathering was not organized for the discussion or transaction of public business, the gathering becomes a meeting subject to FOIA if,in fact, discussions or transaction of public business occurred at such gathering. Conclusion Based solely upon the facts presented to me that all Council Members are invited to a luncheon to introduce, meet, and welcome President Sands to Roanoke, I am of the opinion that the luncheon does not constitute a meeting subject to the FOIA requirements and that the luncheon is a gathering permitted pursuant to Section 2.2-3707.G. I restate the cautions expressed by the Advisory Council that Council Members attending the luncheon must ensure the actual conduct of the gathering must follow the limitations set forth in Section 2.2-3707. G.; that is, Council Members may not discuss or transaction public business at this luncheon. Please let me know if you have any questions. Sincerely A d - Daniel J. ,`lagha City Attorney DJC/lsc