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 04-18-16
ROANOKE CITY COUNCIL REGULAR SESSION APRIL 18, 2016 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Mayor Bowers was absent. Council Members Lea and Rosen arrived late. The Invocation was delivered by Elder Joyce Boisseau, Associate Minister, Guiding Star New Day Ministries. The Pledge of Allegiance to the Flag of the United States of Americawas led by Vice -Mayor David B. Trinkle. Welcome. Vice- Mayor Trinkle. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April 21 at 7:00 p.m., and Saturday, April 23 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. 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, CITY COUNCIL AGENDAS. 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 BYTHE 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 COMPLETE AN ONLINE APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE OF APPEALSIAT -LARGE - TWO VACANCIES UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017 TERM OF OFFICE ENDING JUNE 30, 2018 ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018 HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION - ONE VACANCY FOUR -YEAR TERM OF OFFICE ENDING APRIL 12, 2020 ROANOKE CITY COUNCIL WILL CONDUCT FOUR INTERVIEWS THIS AFTERNOON COMMENCING AT 4:00 P.M., IN THE COUNCIL CHAMBER, TO CONSIDER APPLICANTS FOR TWO SCHOOL BOARD TRUSTEE POSITIONS FOR THREE -YEAR TERMS OF OFFICE, EFFECTIVE JULY 1, 2016. THE FOUR CANDIDATES ARE WILTON KENNEDY, ANNETTE LEWIS, SUSAN REESE AND LUTHERIA SMITH. A PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS REGARDING THE FOUR CANDIDATES WILL BE HELD ON MONDAY, MAY 16 AT 7:00 P.M., IN THE COUNCIL CHAMBER. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring April 24, 2016 as Faith Christian School Project Faith Day. Vice-Mayor Trinkle presented a ceremonial copy of the proclamation to Peter Baur, Head of School, Faith Christian School and parents and students in attendance. Recognition of Timothy Martin, Communication and Media Coordinator. Vice -Mayor Trinkle recognized Timothy Martin, Communications and Media Coordinator, as recipient of the Top Social Media Advocate in Government Award by Government Social Media, LLC, at the GSM Conference in Reno, Nevada. 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. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and discussed the importance of God and Country. Clarence Dunnaville, 5310 Beechwood Court, Midlothian, Virginia 23112, appeared before the Council and discussed perpetuity designation for historic Gainsboro neighborhood. 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 AGENDAAND CONSIDERED SEPARATELY. Vice -Mayor Trinkle called attention to two requests for Closed Meeting from Council Member Lea and the City Manager. C -1 Minutes of the regular meetings of City Council held on Monday, January 4, 2016, Tuesday, January 19, 2016; Monday, February 1, 2016; and Tuesday, February 16, 2016; and the recessed meeting held on Friday, January 15, 2016. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approve as recorded. C -2 A communication from the City Manager requesting thatthe Council convene in a Closed Meeting to discuss disposition of City -owned property located at 2750 Hoover Street, N. W., where discussion in an open meeting would adversely affect the bargaining or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare Board of Directors, recommending concurrence in the reappointment of Greg Hamilton as a Board At -large member for a term of three years ending December 31, 2018. RECOMMENDED ACTION: Concurred in the request. 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 annual performances of the Council - Appointed Officers, pursuant to Section 2.2- 371l(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -5 Reports of qualification of the following individuals: Christopher P. Morrill as a City official representative of the Roanoke Valley Broadband Authority for a four -year term of office ending December 14, 2019; Steve Stinson as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2019; and Glen Wayne Hall as a memberof the Building and Fire Code Board of Appeals to fill the unexpired term of office of Kirk Bates (Citizen at Large) ending June 30, 2016. MMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Regional Airport Commission to present its proposed 2016 - 2017 Operating Budget and Proposed Capital Expenditures. Tim Bradshaw, Executive Director, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 40472-041816. (6.0) b. Request of the Roanoke Valley Resource Authority to present its proposed 2016 - 2017 Annual Budget. Daniel D. Miles, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 40473- 041816. (6 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Recommended Fiscal Year 2016 - 2017 Budget Received and filed. ITEMS RECOMMENDED FOR ACTION: Acceptance and execution of the Home Again Permanent Supportive Housing Renewal Grant from the U. S. Department of Housing and Urban Development. Adopted Resolution No. 40474- 041816 and Budget Ordinance Nos. 40475. 041816, 40476- 041816, and 40477 - 041816. (6 -0) 2. Acceptance and execution of the Out -of- School Time Grant, in cooperation with Walmart, from the National Recreation and Park's Association. Adopted Resolution 40478 - 041816 and Budget Ordinance No. 40479. 041816. (6 -0) COMMENTS OF CITY MANAGER. Roanoke's Library Director, Sheila Umberger, Has Received National Recognition • The American Library Association has recognized Sheila Umberger, the Directorof Roanoke Public Libraries, with the 2016 Peggy Sullivan Award for Public Library Administrators Supporting Services to Children. • This national award is presented annually to an individual who has shown exceptional understanding and support of public library service to children. • Sheila's staff puttogether the nomination without her knowing aboutit. • One of the accomplishments included in the nomination was the fact that the number of Youth Services programs offered increased from 118 a year to 3,392 during Sheila's tenure. • We will invite Sheila to a Council Meeting for recognition after the award is presented to her at the ALA Annual Conference in June. Parking Meter Pilot Program • The city's parking meter pilot program is underway. New solar - powered parking pay stations have been installed at the Market Lot, the Gainsboro Garage Lot and the Higher Education Center Lot. The pay stations accept coins, bills, and credit cards, and operate in English and Spanish. Parkers can also use their mobile phones to pay for parking at these locations. We encourage people to use the meters and provide feedback to PARK Roanoke. Downtown Events • Overtheweekend we had an enormous amount of activity downtown with events including Down by Downtown in Elmwood Park, Big Lick Music Conference with performances at select downtown venues, and the Blue Ridge Marathon, which included about 400 runners this year. • A large numberof people attending these events were also downtown enjoying the city. 611 Coming to Roanoke • We are looking forward to seeing the 611 as it steams through Roanoke on April 23 and 24 for the "Roanoker Excursion" from Greensboro, N.C. Reminder: Public Hearing on Budget • Citizens are invited to attend a public hearing to provide input to City Council on the proposed FY17 Budget • Thursday, April 28, 7 p.m. Eleven Signs a City Will Succeed The Atlantic magazine recently published an article that shares the signs that a city will succeed. I am proud to say all of these can be seen in Roanoke: • Divisive national politics seem a distant concern • You can pick out the local patriots • 'Public- private partnerships" are real • People know the civic story • They have a downtown • They are near a research university • They have, and care about, a community college • They have unusual schools • They make themselves open • They have big plans • They have craft breweries 8. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. OTHER BUSINESS: a. Petition for Appeal filed by Tammy Britt appealing a decision of the Architectural Review Board denying her requestto replace an existing metal shingle roof with Oakridge architectural shingles at 418 Washington Avenue, S. W. Matter was continued to Monday, May 16, 2016, at 7:00 p.m. 13. SCHOOL BOARD INTERVIEWS: 4:10 p.m. - Wilton Kennedy 4:50 p.m. - Annette Lewis 5:15 p.m. - Lutheria Smith 5:40 p.m. - Susan Reese Vice -Mayor Trinkle announced that citizen comments in support of the abovementioned applicants will be received during a public hearing scheduled to be held on Monday, May 16 at 7:00 p.m., in the Council Chamber. THE COUNCIL MEETING STOOD IN RECESS FOR A CLOSED MEETING IN COUNCIL'S CONFERENCE ROOM AND RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION APRIL 18, 2016 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Cell. Mayor David 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 -Mayor Trinkle. CERTIFICATION OF CLOSED MEETING. (6 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel on Thursday, April 21 at 7:00 p.m., and Saturday, April 23 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Patrick Henry High School Girls Swim Team. Vice -Mayor Trinkle recognized the Patrick Henry High School Girls Swim Team and Coaches Erik Largen and David Henderson. Patrol Officer Joshua Johnson distributed basketballs to City Council in support of the Lea Outdoor Basketball League. B. PUBLIC HEARINGS: 1. Request of Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a previous rezoning in the 3300 block of Salem Turnpike, N. W., pursuant to Ordinance No. 31444 - 051793 adopted by Roanoke City Council on May 17, 1993. Barney Horrell, Brushy Mountain Engineering, PLLC, Spokesperson. Adopted Ordinance No. 40480- 041816. (6 -0) 2. Request of Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S. W., pursuant to Ordinance No. 33561- 090297 adopted by Roanoke City Council on September 2, 1997. Chris Burns, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 40481- 041816. (6 -0) 3. Proposal of the City of Roanoke to convey City -owned property located at 2206 Countryside Road, N. W., to Mr. and Mrs. Walter C. Evans, Jr., to construct a single dwelling home. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40482-041816. (6-0) 4. Proposal of the City of Roanoke to grant a pedestrian access easement across City -owned property located at 416 Campbell Avenue, S. W., to 416 Campbell Avenue, LLC. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40483 - 041816. (6 -0) 5. Proposal of the City of Roanoke to convey a ten - footwide gas line easement along Brambleton Avenue inside the boundary of Lakewood Park to Roanoke Gas Company. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40484 - 041816. (6 -0) 10 6. Proposal of the City of Roanoke to convey City -owned property located at 2002 Blue Hills Drive, N. E., to Deschutes Brewery, Inc., to construct a brewery and warehouse facility. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40485- 041816. (6 -0) C. OTHER BUSINESS: 1. A report of the City Manager recommending execution of a Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, the Economic Development Authority of the City of Roanoke, and Deschutes Brewery, Inc. (for itself and its subsidiaries and affiliates) for construction and operation of a brewery and warehouse facility to be located at 2002 Blue Hills Drive, N. E. Adopted Ordinance No. 40486- 041816 and Budget Ordinance No. 40487- 041816. (6 -0) 2. A report of the City Manager recommending execution of a Performance Agreement regarding an Operation Period Economic Development Grant among the Cityof Roanoke, the Economic Development Authority of the City of Roanoke, and Deschutes Brewery, Inc., (for itself and its subsidiaries and affiliates) for construction and operation of a brewery and warehouse facility to be located at 2002 Blue Hills Drive, N. E. Adopted Ordinance No. 40488 - 041816. (6 -0) D. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. David Gay, 701 Morrill Avenue, S. E., appeared before City Council to express concern with regards to City of Roanoke becoming a sanctuary city. Chris Craft, 1501 East Gate Avenue, N. E., appeared before City Council in support of extending the Greenway. E. RECESSED - 8:06 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL THURSDAY, APRIL 28, AT 7:00 P.M., IN THE COUNCIL CHAMBER, FOR THE PURPOSE OF CONDUCTING PUBLIC HEARINGS ON THE CITY OF ROANOKE RECOMMENDED FISCAL YEAR 2016 -2017 BUDGET; AND THE RECOMMENDED 2016 -2017 HUD FUNDS BUDGET AND 2016 -2017 ANNUAL UPDATE. 12 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.W. SUITE 452 ROANOKE., VIRGINIA 24011 -1594 TELEPHONE-. (140)853 2444 FAX (540)853 -1145 DAVID A. ROWERS Mayor April 18, 2016 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, April 18, 2016. Best wishes for a successful meeting. Sincerely, David A. Bowers Mayor DAB /ctw April 19, 2016 Elder Joyce Boisseau, Associate Minister Guiding Star New Day Ministries 804 Madison Avenue, N. W. Roanoke, Virginia 24016 Dear Pastor Boisseau: 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, April 18, 2016. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia T. Webb, CMC Assistant Deputy City Clerk CTW:aa CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnreh Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Tdc,lutnc (S41))853 -2541 Fuz: (540)953 -1145 S EI'IIANIE M. MOON REYNOLDS, MMC E -meil: derk(,,ronnakeva.gov CECELIA F. MCCOY CD, Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk April 19, 2016 Elder Joyce Boisseau, Associate Minister Guiding Star New Day Ministries 804 Madison Avenue, N. W. Roanoke, Virginia 24016 Dear Pastor Boisseau: 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, April 18, 2016. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia T. Webb, CMC Assistant Deputy City Clerk CTW:aa IfociOffice of the Mayor atagiou CITY OF O ROANOKE WHEREAS, Faith Christian School is an accredited, independent Christian Classical School serving students in grades Junior Kindergarten through 12; WHEREAS, Faith Christian School has been serving the community with Project Faith, a school wide community service fundraiser since 2002; WHEREAS, Over the last 14 years, Project Faith has provided over 38,000 volunteer hours, engaged over 5,000 volunteers, completed projects at 37 locations, impacted hundreds of thousands of individuals and raised 1.8 million dollars that went toward teacher salaries, financial aid, educational materials and operating expenses; WHEREAS, Faith Christian School, on its 15th Anniversary of Project Faith, is working throughout Grandin Village serving outstanding small businesses and churches. This is in honor of Faith Christian School's relationship with the Grandin Village Community since 1997, where our first school was held in space at The Heights Community Church; and WHEREAS, Faith Christian School is honored to serve these worthy churches and small businesses through this year's Project Faith 2016 on Friday, April 29th in Grandin Village. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of this outstanding school mission by Faith Christian School to instill community service in the hearts of its students, do hereby proclaim April 29 throughout this great, six -time All- America City, as FAITH CHRISTIAN SCHOOL PROJECT FAITH DAY. Given under our hands and the Seal of the City of Roanoke this eighteenth day of April in the year two thousand and sixteen. ATTEST. Stephanie M. Moon Reynolds City Clerk A. Bowers @CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City -owned property located at 2750 Hoover, Street, N.W. bearing Official Tax Map No. 2430601 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2 -3711 .A.3, Code of Virginia (1950), as amended. ---- A -0- --- A ---- & Christopher P. Morrill - - -- City Manager Distribution: Council Appointed Officers 60 STEPIIANIC M. MOON REYNOLDS, MM(' Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone (540) 853 -2541 F. : (541)853 -1145 E -ell: elerk(rlronnokovx . gnv April 19, 2016 Debbie Bonniwell, MBA, MSSW, LCSW Chief Executive Officer Blue Ridge Behavioral Healthcare 301 Elm Avenue, SW Roanoke, Virginia 24016 -4001 Dear Ms. Bonniwell: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Ass6tmu Deputy Ciry Clerk Your communication recommending concurrence in the reappointment of Gregory Hamilton as an at -large member of the Blue Ridge Behavioral Healthcare Board of Directors for an additional term commencing January 1, 2016 and ending December 31, 2018, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2016. On motion, duly seconded and adopted, Council concurred in the reappointment of Mr. Hamilton as above referenced. The Members of Roanoke City Council extend their appreciation to Mr. Hamilton for his willingness to continue to serve as a member of the Blue Ridge Behavioral Healthcare Board of Directors. Sincerely, Stephanie M. Moon Reynolds, M C City Clerk Enclosure Debbie Bonniwell, MBA, MSSW, LCSW Chief Executive Officer Blue Ridge Behavioral Healthcare April 19, 2016 Page 2 c: Donna H. Henderson, Vice Chair, Blue Ridge Behavioral Healthcare Board of Directors, 301 Elm Avenue, SW, Roanoke, Virginia 24016 -4001 Linda Manns, Secretary, Blue Ridge Behavioral Healthcare Board of Directors, 301 Elm Avenue, SW, Roanoke, Virginia 24016 -4001 Debbie Jacks, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 -0798 Mary Ellen Pizzino, Clerk of Council, Salem City Council, P. O. Box 869, Salem, Virginia 24153 Gary Larrowe, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090 Clay Goodman, County Administrator, Craig County, P. O. Box 308, New Castle, Virginia 24127 Blue Ridge ru Behavioral E,d Healthcare Debbbe, onni. Debbie Bonniwell March 29, 2016 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Ave, SW, Room 364 Roanoke, VA 24011 Dear Mr. Morrill According to our Board records, the partial term of Mr. Greg Hamilton as an at -large representative on the Blue Ridge Behavioral Healthcare Board of Directors expired on December 31, 2015. This Board nominates it's at -large representatives, and asks the participating governing bodies to ratify those appointments. We have appreciated Mr. Hamilton's dedication to our mission, and would very much like to have him continue to serve as an At -Large member. At our December 10, 2015 Board meeting, the Board unanimously endorsed Mr. Hamilton to serve an additional term as an at -large member for which he is eligible according to Title 37.2 502 of the Code of Virginia. We respectfully request that the Roanoke City Council ratify the reappointment of Mr. Hamilton for his first full term, from January 1, 2016 through December 31, 2018. This request is being sent concurrently to administrators in each of our other four local governing bodies for their ratification of at -large members as called for in our By -laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540- 345 -9841 at your convenience. Sincereliy,�iG Debbie Bonniwell, MBA, MSSW, LCSW Chief Executive Officer C: The Honorable David A. Bowers, Mayor Ms. Stephanie M. Moon, MMC, City Clerk Ms. Donna Henderson Mr. Greg Hamilton Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016 -4001 (540) 345 -9841 Fax (540) 527 -2900 Tde c. "IT11 n4y S,,, Res eoara se..mq me CA —, of Roanoke and Sirl —, and me e-1—of B.10 -0 . C,a, and Roanoke CITY OF ROANOKE CITY COUNCIL °�. 15 Chnreh AS enue S W. 'f•i VoeIC lavl in Muinapnl Budding. Suite 456 Roanoke, Virginia 24011 -IS36 Telephone_ (540)853 -2541 DAVID A. BOWERS Fax. (540)853 -1145 mayor April 18, 2016 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 Shaman P. Lea Anita 1. Price Coun G Rosen David B_Trinkle I wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Sherman P. `ea Chair A'— City Council Personnel Committee SPL:ctw CECELIA T. W EBB, CMC Assistant Deputy City Clerk April 19, 2016 Wayne G. Strickland, Executive Director Roanoke Valley Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Christopher P. Morrill has qualified as the City official representative of the Roanoke Valley Broadband Authority for a four -year term of office ending December 14, 2019. Sincerely, r G. N��1�� Stephanie M. Moon R olds, M C City Clerk Enclosure CIe TY 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 STEPHANIE M. MOON REYNOLDS, MMC E -mail derk(gronnokerpguy CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk April 19, 2016 Wayne G. Strickland, Executive Director Roanoke Valley Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Christopher P. Morrill has qualified as the City official representative of the Roanoke Valley Broadband Authority for a four -year term of office ending December 14, 2019. Sincerely, r G. N��1�� Stephanie M. Moon R olds, M C City Clerk Enclosure Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Christopher P. Morrill, 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 the City official representative of the Roanoke Valley Broadband Authority for a four -year term of office ending December 14, 2019, according to the best of my ability. So help me God. CHRISTOPHER P. MORRILL The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher P. Morrill this -day of /� 2016. r Brenda S. Hamilton, Clerk of the Circuit Court Clerk 11 tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)85 3-2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk(t)nuu okeva.gpv CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk April 19, 2016 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Steve Stinson has qualified as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2019. Sincerely, Stephanie M. Moon ReN`tolds, C City Clerk Enclosure Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Steve Stinson, do solemnly swear or (affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2019, according to the best of my ability. (So help me God.) STEVE STINSON The foregoing oath of office was taken, sworn to, and subscribed before me by Steve Stinson this s.L- day of 2016. Brenda S. Hamilton, Clerk of the Circuit Court CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 0 Telephune: (541))853 -2541 Fps: (540)853 -1145 STEPHANIE M. MOON RF.YNOLDS,MMC E- snnfl: derk(mh..,.okevn.pnv CECELIA F. MCCOV City C'lcrk Deputy City Clerk CECELIA T. W EBB, CMC Assistnnt Dept] City Clerk April 19, 2016 Tina Carr, Secretary Building and Fire Code Board of Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Glen Wayne Hall has qualified as a member of the Building and Fire Code Board of Appeals to fill the unexpired term of office of Kirk Bates (Citizen at Large) ending June 30, 2016. Sincerely, v Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Neil Holland, Building Commissioner Daniel Rakes, Fire Marshal Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: Glen I, Wayne Hall, 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 to fill the unexpired term of office of Kirk Bates (Citizen at Large) ending June 30, 2016, according to the best of my ability. So help me God. GLEN WAYNE HALL c The foregoing o th of office was (aken, sworn to, and subscribed before me by Wayne Hall this day of 2016. Brenda S. Hamilton, Clerk of the Cin:;uit Court Bv( /���1 �, Clerk J� c? CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tel,h.re,: (540)853 -3541 Fnx: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nmiL derkC)roanuke...... CECELIA F. MCCOY City Clerk Depnly City Clerk April 19, 2016 f Assistant CECELIA T. WEDR, CMC Depnly Cite Clerk Mr. Tim Bradshaw, A.A.E. Executive Director Roanoke - Blacksburg Regional Airport 5202 Aviation Drive Roanoke, Virginia 24012 -1148 Dear Mr. Bradshaw: I am enclosing copy of Resolution No. 40472 - 041816 approving the Roanoke Regional Airport Commission Fiscal year 2016 -2017 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, 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, April 18, 2016. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Cathy Bowman, Secretary, Roanoke - Blacksburg Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mark A. Williams, General Counsel, Roanoke - Blacksburg Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Daniel Callaghan, City Attorney ��I IN TI Ili COUNCIL, OF TI Ili CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2016. No. 40472 - 041816. A RESOLUTION approving the Roanoke Regional Airport Commission's 2016 -2017 proposed operating and capital budget upon certain terms and conditions. BE IT RESOI.VED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Roanoke Regional Airport Commission's 2016 -2017 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Roanoke Regional Airport Commission to this Council dated March 28, 2016. K:\Measures\Airpoit Commission Annual Budget 2016.doc ATTEST: A City Clerk.'� ROANOKE REGIONAL AIRPORT COMMISSION 5202 Avlotlon Drive Roanoke. VA 24012 -1148 (540) 362 -1999 FAX (540) 563-4838 www.roanokeairport.com April 6, 2016 Stephanie Moon Reynolds, MMC City Clerk, City of Roanoke 215 Church Avenue, S.W. Noel C. Taylor Building, Room 456 Roanoke,VA 24011 Dear Ms. Reynolds: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is submitting its Operating Budget (Attachment 1) to Roanoke City Council for approval. This Budget was adopted by the Commission at its meeting on March 28, 2016. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter prior to addressing City Council. I am enclosing 11 copies of the letter sent to the Mayor on March 29, 2016 (and copies were sent at that time to you and the City Attorney). I understand that this item is to be included on the April 18" Council Agenda. On behalf of the Commission, thank you very much for your assistance and cooperation. Sincerely, Tim Bradshaw, A.A.E. Executive Director Attachments ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke, VA 24012 -1148 (540) 362 -1999 FAX (540) 563-4838 ww flyroa.com March 28, 2016 Honorable Mayor and Members Roanoke City Council 215 Church Avenue. SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2016- 2017 Budget and Proposed Capital Expenditures Dear Mayor Bowers and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January- 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2016 -2017 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 28, 2016. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Sincerely, Tim Bradshaw, A.A.E. Executive Director Enclosures cc: Chair and Members, Roanoke Regional Airport Commission Mark Allan Williams. General Counsel Daniel Callaghan, Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council ATTACHMENT! Roanoke Regional Airport Commission Budget Executive Summary Proposed Budget FY 17 vs. Actual Budget FY 16 OPERATING REVENUES Proposed Budget FY 17 Annual Budget FY 2016 $ Change %Change A. Airfield $ 1,263,000 $ 1,191,044 $ 71,956 6.0% B- General Aviation 494,000 504,655 (10,655) -2.1% C. Airline Terminal Related 1,305,000 1.209,752 95,248 7.9% O. Lease & Concessions 1.914,000 1,809,624 104,376 5.8% E. Other Revenues 346.000 349,957 (3,957) -1.1% F. Interest on Investments 193,000 203,558 (10,558) -- .5,.2% G. Gain /(Lass) on sale of assets 5.000 5,000 H. State Funds 69,000 113,100 (44,100) -39.0% I. Federal Reimbursable Funds 271,000 305,809 (34,809) -11.4% J. Gross Public Parking Lot Revenue 3,218,000 3,438,263 (220,263) $.4% Total Operating Revenues $ 9,078,000 $ 9,130.761 $ (52,761) -0.6% Operati ng Net Income (Loss) $ 27,171 $ 120,4201$ (93,249) 77% Proposed Budget Annual Budget OPERATING EXPENSES FY 17 FY 16 $ Change %Change A. Salaries, Wages and Benefits $ 4,840,696 $4,757,254 83,442 1.8% B. Operating Expenditures 4,210,133 4,207,187 2,945 0.1% C. Other Maintenance & Improvement Projects 0 45,900 (45,900) - 100.0% Total Operations and Maintenance $ 9,050,829 $ 9,010,341 $ 40,488 04% Operati ng Net Income (Loss) $ 27,171 $ 120,4201$ (93,249) 77% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and programmed for FY 2016 -2017) Projects: A. New Passenger Loading Bridge at Gate 3 1, Description: This project is to add a new loading bridge at Gate 3 and include PC Air and 400 Hz Ground Power Unit. Also required is additional electrical service, modifications need to existing gate door and addition of security equipment. 2. Funding: Estimated cost is $1,500,000. 3. Anticipated Funding Sources: a. Federal AIP Grant Funds: $1,350,000 b. State Aviation Grant Funds: $150,000 B. Replace Four Existing Passenger Loading Bridges 1. Description: The proposed project is to remove and replace the loading bridges at Gates 2, 4, 5, and 6. These bridges are over 25 years old and due to their age are eligible for grant funding for replacement. Replacement of these bridges along with the new bridge at Gate 3 should provide an opportunity for better pricing and having common features for all bridges including PC Air and 400 Hz Ground Power Units. 2. Funding: Estimated cost is $4,500,000 3. Anticipated Funding Sources: a. Federal AP Grant Funds: $4,050,000 b. State Aviation Grant Funds: $450,000 C. Walkway Canopy 1. Description: Project includes the addition of a canopy to provide weather protection and safety improvements for pedestrians circulating between the parking lots and the terminal building. 2. Funding: Estimated cost is $1,686,300 3. Anticipated Funding Sources: a. Federal AIP Grant Funds: $1,517,670 b. Commission Funds: $168,630 D. Sealcoat Taxiways A, G and T 1. Description: As part of the ongoing airfield pavement maintenance, previously untreated areas of Taxiways A, G and T will be crack sealed, have a Sealcoat applied and be remarked. 2. Funding: Budgeted amount is $555,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $444,000 b. Commission Funds: $111,000 E. HVAC Control Study /Upgrade 1. Description: Various terminal areas have been divided up for office uses and concession spaces. This has resulted in issues with the existing HVAC system. This project includes an initial study of the HVAC system that is anticipated to result in a construction project to improve the efficiencies of the HVAC system. 2. Funding: Estimated cost is $280,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $224,000 b. Commission Funds: $56,000 F. Sealcoat- Airfield & Roads /Parking Lots Phase 4 4. Description: Allowance for needed pavement repairs including sealcoating, crack sealing and remarking as needed for airfield or parking lots and roadways. 5. Funding: Budgeted amount is $350,000 6. Anticipated Funding Sources: a. State Aviation Grant Funds: $280,000 b. Commission Funds: $70,000 G. Snow Removal Equipment Storage 1. Description: With the anticipated reuse of Building 21 where snow equipment is currently stored, lean -to structures are proposed to be added to Building 31 to provide the needed cover for this equipment. 2. Funding: Estimated cost is $250,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $200,000 b. Commission Funds: $50,000 H. Rehabilitate Terminal Front Fins, Trusses and Canopies 1. Description: The terminal front fins, trusses and canopies over the terminal roadway need to be periodically stripped and painted to maintain the structures. Additionally, there is a need to address ADA issues with the trusses to ensure an accessible path. 2. Funding: Estimated cost is $200,000 3. Anticipated Funding Source: a. State Aviation Grant Funds: $160,000 b. Commission Funds: $40,000 I. Improve RW 6-24 Safety Areas (Modified EMAS) Environmental Assessment 1. Description: The FAA is requiring that any potential environmental impacts for the additions of modified EMAS beds at each end of RW 6 -24 be studied through an Environmental Assessment process. 2. Funding: Estimated cost is $200,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $180,000 b. Commission Funds: $20,000 J. Replace Roadway Lights 1. Description: Inspect and replace tall pole lights along roadway from Waypoint Dr. to Hangar 4 with new concrete bases, poles and LED lighting. 2. Funding: Estimated cost is $150,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $120,000 b. Commission Funds: $30,000 K. Preliminary Design Tunnel Rehabilitation 1. Description: Project includes doing the preliminary design for adding a ventilation system to the south tunnel, replacing lighting, adding back -up electrical power, improving guard rails, and any needed structural repairs. 2. Funding: Estimated cost is$ 100,000 3. Anticipated Funding Sources: a. State Aviation Grant Funds: $80,000 b. Commission Funds: $20,000 J. Parking Lot Rehabilitation 1. Description: Project scope will be based on recommendations in the Parking Lot Master Plan that is currently underway but may include rehabilitating the exit canopy and front of lot, replacing toll booths and adding Manager's office, updating signs, and adding Rental Car spaces. Improvements to the Rental Car spaces could be funded separately by proposed Customer Facility Charge (CFC) that may be included in future Rental Car Agreements. 2. Funding: Estimated cost is $1,700,000 3. Anticipated Funding Sources: a. Commission Funds: $1,700,000 O. Rental Car Common QTA 1. Description: Discussions with the Rental Car Companies indicated that they would be interested in the Commission providing a Quick Turn Around (QTA) facility for common requirements to wash, fuel and store rental cars. The design of this facility is anticipated in 2017 assuming the future collection of CFCs for the QTA facility. 2. Funding: Estimated cost is $500,000 1 Anticipated Funding Sources: a. Commission Funds (Possible CFC funds): $500,000 II. Anticipated Funding Sources: Federal AIP Grant Funds $6,917,670 State Aviation Grant Funds $ 2,288,000 Commission Capital Funds $2,765,63 Estimated Total Projects Funding $11,971,300 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 28th day of March, 2016 No. 12- 032816 A RESOLUTION approving and adopting the Commission's Operating Budget for fiscal year 2016 -2017. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2016 -2017 Operating Budget for the Commission, as set forth in the report and accompanying attachment by the Commission Treasurer dated March 28, 2016, is hereby approved; and, BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2016 -2017 Operating and Capital Purchase Budget, as well as the previously approved list of Proposed Capital Expenditures, to Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City, and Roanoke County dated January 28, 1987, as amended. VOTE: AYES: Dooley, Gust, Lawrence, Porterteld, Minnix NAYS: None ATTEST. Secretaft) certify that this Is a true tests copy. Cathy S. Bowman, Commission Secretary eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Proposed FY -17 Budget for the Roanoke Blacksburg Regional Airport I would like to sponsor Timothy Bradshaw, A.A.E., Executive Director of the Roanoke - Blacksburg Regional Airport, to present the Roanoke Regional Airport Commission's proposed Fiscal Year 2017 budget and proposed capital expenditures. Christopher P. Morrill City Manager Distribution: Council Appointed Officers GO 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 STEPHANIE M. MOON REYNOLDS, MMC E -mail: CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk April 19, 2016 Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 40473- 041816 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2016 -2017, in the amount of $8,338,292. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016. Sincerely, c Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Debbie Jacks, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Christopher P. Morrill, City Manager 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 April, 2016. No. 40473 - 041816. A RESOLUTION approving the amoral budget of the Roanoke Valley Resource Authority for Fiscal Year 2016 -2017, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the amoral budget for the Roanoke Valley Resource Authority for Fiscal Year 2016 -2017, in the amount of $8,338,292 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 24, 2016, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. Resource Awhority nudg t 2015 2016 doe ATTEST: City Clerk.J PitROANOKE VALLEY RESOURCE AUTHORITY March 29, 2016 Stephanie M. Moon Reynolds, MMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011 -1536 Dear Ms. Reynolds: In accordance with the Members Use Agreement, the Resource Authority is submitting its FY 2016 -2017 annual budget to the City Council for approval. Enclosed are copies of the budget for each member of the City Council and the City Attorney. A copy of the budget, along with the attached letter, has been sent to Mr. Morrill also. I understand I am scheduled to present the Authority's budget to the City Council on April 18, 2016 at 2:00 p.m. to answer any questions or comments from the Council regarding our budget. If you have any questions, need additional copies of the budget, or need to reschedule the Authority's placement on the Council's agenda, please let me know. Thank you for your assistance. Sincere , Daniel D. Miles. P.E. Chief Executive Officer DDM:plb Attachments (13) 1020 Hollins Road, NE Roanoke, Virginia 24012 -8011 (540) 857 -5050 Fax (540) 857 -5056 Web Site: www.rvra.net aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Proposed FY -17 Budget for the Roanoke Valley Resource Authority I would like to sponsor Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, to present the Authority's proposed Fiscal Year 2017 budget and related expenditures and revenues. 9-0�e P. Morrill City Manager Distribution: Council Appointed Officers ROANOKE VALLEY RESOURCE AUTHORITY 2016 -17 'BUDGET SMITH GAP FLARE Roanoke Valley Resource Authority TABLE OF CONTENTS Budget Summary Revenues Expenses 1 &2 3 -5 * personnel 6 -12 Adndnistrative 7 Transfer Station 8 Smith Gap 9 Totals 10 _______________ ____________ Classification 11 Employee by Location 12 * Operating 13 -23 Capital Reserves Tipping Fees Breakdown Rutrough Road Landfill Appendix 24 -25 26 -27 28 29 -30 2016 -2019 BUDGET �4A RY 2016 -2017 BUDGET Roanoke valley Resource Authority REVENUE 2016 -2017 Disposal Pees $ 8,172,350 Interest Income $ 50,000 Transfer from Contingency Reserve Fund $ 50,509 Sale of Recyclable Material $ 33,933 Miscellaneous - Mulch /Carbon Sales $ 31,500 Transfer - Rutmugh Road $ - EXPENSES Personnel Administrative $ 669,840 Transfer Station $ 720,474 Smith Gap $ 762,410 Totals Operating Administrative $ 425,055 Transfer Station $ 2,291,241 Smith Gap $ 1,339,273 Totals Capital Administrative $ - Transfer Station $ 10,000 Smith Gap $ 20,000 Totals Reserves Administrative $ - 'Transfer Station $ 559,700 Smith Gap $ 1,540,300 Totals Totals Administrative $ 1,094,894 Transfer Station $ 3,581,415 Smith Gap $ 3,661,983 1 SUMMARY Total $ $338,292 $ 2,152,723 $ 4,055569 $ 30,000 $ 2,100,000 Total $ 8,338,292 2016- 201760DGEf Roanoke Valley Resource Authority REVENUE SUMMARY 2011 -2012 2012 -2013 2013 - 2014 2014 -2015 2015 -2016 2016 -2017 Disposal Fees $ 7,594,400 $ 7,326,600 $ 7,729,480 $ 7,932,050 $ 7,981,200 $ 8,172,350 Interest Income $ 45,000 $ 28,000 $ 28,000 $ 32,000 $ 35,000 $ 50,000 Transfer from Contingency $ 1,596,087 $ 490,991 $ 405,405 $ 456,323 $ 434,974 $ 50,509 Reserve Fund Sale of Recyclable $ 50,600 $ 55,000 $ 35,000 $ 35,000 $ 38,000 $ 33,933 Material Miscellaneous - Mulch salee $ 59,800 $ 39,450 $ 39,450 $ 46,830 $ 36,000 $ 31,500 Transfer - Rutrough Road $ 125,000 $ - $ - $ - $ - $ - TOTAL $ 9,470,887 $ 7,940,041 $ 8,237,335 $ 8502,203 $ 8,525,174 $ 8,338,292 EXPENSES Personnel $ 1,863,655 $ 1,972,540 $ 2,004,856 $ 2,126,647 $ 2,183,227 $ 2,152,723 Operating $ 3,828,652 $ 3,995,501 $ 4,118,479 $ 4,260556 $ 4,216,947 $ 4,055,569 Capital $ - $ 12,000 $ 14,000 $ 15,000 $ 25,000 $ 30,000 Transfer to Reserves $ 1,010,000 $ 1,960,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 Debt Service $ 2,768,580 $ - $ - $ - $ - $ - TOTAL $ 9,470,887 $ 7,940,041 $ 8,237,335 $ 8,502,203 $ 8,525,174 $ 8,338,292 DISPOSAL FEES Municipal $ per ton 45 45 47 48 49 49.5 Private $ per ton 55 55 57 58 59 59.5 % INCREASE -3.6% -16.2% 37% 12% 03% -2,2% in expenses 2016-2017BUDGFT 2 Roanoke Valley Resource Authority REVENUES 2016 -2017 BUDGET Roanoke Valley Resource Authority REVENUES CODE DESCRIPTION FY15 -16 FY16 -17 JUSTIFICATION 493 Total Tipping Fees $7,981,200 $ 8,172,350 Based on tonnage receipts of: 154,360 Municipal 81,560 tons $ 3,989,700 Commercial 41,900 tons $ 2,486,250 Private 22,100 tons $ 1,276,000 Residential 8,800 tons $ 420,400 Total $ 8,172,350 401 Interest Income $ 35,000 $ 50,000 Operating & Other Reserve $ 50,000 956 Transfer from Contingency $ 434,974 $ 50,509 Funds available from Contingency Reserve Reserve Fund 460 Sale of Recyclable $ 38,000 $ 33,933 Sale of Recyclable Scrap Material Metal & Miscellaneous 515 Miscellaneous $ 36,000 $ 31,500 Mulch Sales $ 31,500 Revenue 976 'Transfer from $ - $ - 'Transfer to operating budget Rutrough Road Fund for administrative Services TOTAL REVENUE $8,525,174 $ 8,338,292 2016 -2017 BUDGET 'FICATION 49.5 $1,881,000 35 $ 77,000 120 $ 5,400 5 $ 2,500 $ 1,965,900 49.5 $ 1,782,000 35 $ 66,500 120 $ 8,400 5 $ 3,000 11 $1,859,900 49.5 $ 158,400 35 $ 4,900 120 $ 600 5 $ $ 163,900 59.5 $ 2,469,250 35 $ 14,000 120 $ - 5 $ 3,000 $ 2,486,250 2016 -2017 BUD= TIPPING FEES CODE DESCRIPTION FY15 -16 FY16 -17 JUSTIFICATION 459 Private $1,230,100 $1,276,000 Private Waste 20,000 tons @ 59.5 $1,190,000 Wood Waste 2,000 tons (0 35 $ 70,000 Tires 100 Ions Q 120 $ 12,000 800 mixed Q 5 $ 4,000 Private Total $ 1,276,000 463 Residential $416,500 $ 420,400 Residential Waste Based on Uniform Disposal Allocation City of Roanoke 53.5% $ 224,914 County of Roanoke 412% $ 173,205 Town of Vinton 53% $ 22,281 Household 7,200 Ton: O $49.5 $ 356,400 Wood waste 1,600 Tans ® $35 $ 56,000 Tires 1,600 Tires Q $5 $ 8,000 Residential Total $ 420,400 TOTAL TIPPING FEE $7,981,200 $ 8,172,350 20162017 BUDGET Roanoke Valley Resource Authority EXPENSES PERSONNEL 2016 -2017 BUDGET Roanoke Valley Resource Authority PERSONNEL CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 1010 Salaries $ 1,326,850 $ 1,371,495 $ 1,137,621 Salariesfor 29 employees 1015 Overtime $ 52,000 $ 52,000 $ 60, 000 Extra work required on Saturdays &Holdays 1020 Part -time $ 34,000 $ 34,000 $ 35,000 Operations, Buildings, and Grounds Maintenance 1116 Supplements $ 10,000 $ 10,000 $ - Outstanding performance recognition 2100 ELC , $ 108,083 $ 111,498 $ 117,245 7.65 % of salaries, overtime, part time 2200 Retirement -VRS $ 139,465 $ 114,529 $ 125,850 12.05 % ofsalmies 18 employees $ 1,044,400 2202 Deferred Comp. Match $ 18,850 $ 18,850 $ 18,850 $25 per pay period 29 employees 2203 Retirement -VRS - Plan t $ - $ 11,476 $ 12,098 12.05 % if salaries 3 employees $ 100,400 2204 Retirement - City $ 17,153 $ 8,694 $ 6,614 15.64 % of salaries 1 employees $ 42,289 2205 Retirement -VRS- Hybrid $ - $ 24,940 $ 30,189 1205 % ofsalaries 7 employees $ 250,531 2300 Hospitalization $ 254,045 $ 255,242 $ 186,027 32 participating employees 11.8% single 18 Retiree 3 em &sp 4 family 5 Ere&Ch 2 HRA(twenty employees) Anvuel$ $ 71,132 $ 12,000 $ 24,570 $ 40,179 $ 6,436 $ 13,500 2310 Dental $ 11,829 $ 11,829 $ 11,829 29 participating employees@ $34 per month 2400 Life lnsumnce - VR$ $ 16,496 $ 15,855 $ 18,279 131 % ofsalanes 28 employees $1,395,332 2401 Life Insurance - City $ 1,073 $ 544 $ 588 1.39 % ofsal.rie, 1 employees $ 42,289 2500 Long Term Disability In6. $ 2,567 $ 2,654 $ 2,782 099% salaries RVRA pays 50% $2,782 2510 Short Term Disability Ins $ 1,500 $ 1,500 $ 1,500 RVRA pays 100% 2700 Workers' Comp. Ins. $ 44,000 $ 44,000 $ 44,000 Workers Comp_ Insurance 29 employees 2750 Retirement Health Inburanco Credit $ 3,124 $ 3,864 $ 4,186 030 % of salaries 28 employees $1,395,332 2800 Termination Pay $ 10,000 $ 10,000 $ 10,000 Annual and sick leave payments 2810 Cash -in PLP $ 24,812 $ 26,758 $ 28,000 Flexible Leevepayeul 2830 Employee Benefits $ 50,800 $ 53,500 $ 2,066 Retiree Health lnsumnce TOTAL PERSONNEL $ 2,126,647 $2,183,228 $ 2,152,723 2016 -2015 BUDGET ltoanoke Valley Resource Authority PERSONNEL ADMIN CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 1010 Salaries $ 437,489 $ 456,656 $ 486,050 Salaries for 5 employees 1015 Overtime $ - $ - $ - Extra work required on Saturdays & Holidays 1020 Part - tune $ - $ - $ - Operations, Buildings, and Grounds Maintenance 1116 Supplements $ 2,000 $ 2,000 $ - Outstanding performance recognition 2100 F.LCA. $ 33,468 $ 34,934 $ 37,183 7.65 % of salaries, overtime, part time 2200 Retirement -VRS $ 48,824 $ 58,357 $ 52,763 12.05 % of salaries 4 employees $ 437,864 2202 Deferred Comp. Match $ 3,250 $ 3,250 $ 3,250 $25 per pay period 5 employees 2203 Retirement - VRS- Plan 2 $ $ - $ - 12.05 % of stories 0 employees $ - 2204 Retirement -City $ - $ - $ - 15.64 % of salaries 1 employees $ - 2205 Retirement - VR &Hybrid $ - $ 6,959 $ 5,806 12.05 % of salaries 1 employees $ 48,186 2300 Hospitalization $ 63,516 $ 70,210 $ 44,500 8 participating employees 11B% Annual $ single 2 $ 8,494 Retiree 3 $ 12,000 em &sp 1 $ 5,718 family 1 $ 7,124 Em & Ch 1 $ 3,338 MA (four employees) $ 3,500 2310 Dental $ 2,039 $ 2,039 $ 2,039 5 participating employees U $34 per month 2400 Life Insurance- VRS $ 5,775 $ 5,434 $ 6,367 1.31 % of ealeries 5 employees $ 486,050 2401 Life Insurance - City $ - $ - $ - 1.39 % of salaries 0 employees $ - 2500 Long Term Disablity ire. $ 847 $ 884 $ 941 039/ salaries RVRA pays 50% $941 2510 Short Term Disability Ins. $ 219 $ 259 $ 259 RVRA pays 100°% 2700 Workers`Comp. Ins. $ 867 $ 867 $ 867 Workers'Comp. Insurance 5 employees 2750 Retnementllealth Insurance Credit $ 1,094 $ 1,324 $ 1,458 0.30 % of salaries 5 employees $ 486,050 2800 'termination Pay $ - $ 10,000 $ 10,000 Annual and sick leave payments 2810 Cash in FLP $ 16,827 $ 17,564 $ 18,000 Flexible Leave pay out 2830 Employee Benefits $ 8,759 $ 9,224 $ 356 Retiree Health Insurance TOTALPERSONNEL $ 624,974 $ 679,961 $ 669,840 2016-2017 BUDGET Roanoke Valley Resource Authority PERSONNEL. TS CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 1010 Salaries $ 423,289 $ 427,749 .$ 446,634 Salaries for 11 employees 1015 Overtime $ 30,000 $ 30,000 $ 38,000 Extra work required on Saturdays & Holidays 1020 Part - time $ 17,000 $ 17,000 $ 35,000 Operations, Buildings, and Grounds Maintenance 1116 Supplements $ 4,000 $ 4,000 $ - Outstanding performance recognition 2100 FICA. $ 35,977 $ 36,318 $ 39,752 7.65 % of salaries, overtime, part time 2200 Retirement -VRS $ 38,628 $ 37,246 $ 32,640 12.05 % of salaries 6 employees $ 270,871 2202 Deferred Comp. Match $ 8,150 $ 7,150 $ 7,150 $25 per pay period 11 employees 2203 Retirement - VRS - Plan 2 $ - $ 4,409 $ 3,899 12.05 % of salaries 1 employees $ 32,354 2204 Retirement -City $ 17,153 $ 8,694 $ 6,614 15.64 % of salaries 1 employees $ 42,289 2205 Retirement - VRS- Hybrid $ - $ 14,649 $ 12,185 12.05 % of salaries 3 employees $ 101,120 2300 Hospitalization $ 95,227 $ 87,293 $ 65,598 11 participating employees 11.8% Annual$ single 6 $ 22,353 Retiree 0 $ - cm &sp 2 $ 11,435 family 2 $ 15,528 Fm & Ch 1 $ 3,098 HRA dni employers) $ 7,000 2310 Dental $ 4,487 $ 4,487 $ 4,487 11 participating employees® $34 per month 2400 Life Insurance - VRS $ 4,569 $ 4,625 $ 5,297 1.31 Y. of salaries 10 employees $ 404,345 2401 Life Insurance -City $ 1,073 $ 544 $ 588 1.39 % of salaries 1 employees $ 42,289 2500 Long Term Disability Ins. $ 819 $ 828 $ 864 nag% salaries RVRA pays 50% $864 2510 Short Term Disability Ins. $ 212 $ 569 $ 569 RVRA pays 100% 2700 Workers' Comp. Ins. $ 13,500 $ 13,500 $ 13,500 Workers' Comp. insurance 11 employees 2750 Retirement Health Insurance Credit $ 865 $ 1,127 $ 7,213 0.30 % of salaries 10 employees $ 404,345 2800 Termination Pay $ 10,000 $ - $ - Annual and sick leave payments 2810 Cash-ha FLP $ 4,578 $ 3,968 $ 5,700 Flexible Leave pay out 2830 Employee Benefits $ 19,269 $ 20,293 $ 784 Retiree Health Insurance TOTAL. PERSONNEL $ 728,796 $ 724,449 $ 720,474 20162017 BUDGET Roanoke valley Resource Authority PERSON NLL SC CODE DESCRIPTION FY14 -I5 I FY15 -16 FY16 -17 JUSTIFICATION 1010 Salaries $ 423,289 $ 487,090 $ 504,936 Salaries for 13 employees 1015 Overtime $ 30,000 $ 22,000 $ 22,000 Extra work required on Saturdays & Holidays 1020 Part - time $ 17,000 $ 17,000 $ - Operations, Buildings, and Grounds Maintenance 1116 Supplements $ 4,000 $ 4,000 $ - Outstanding performance recognition 2100 F.I.CA. $ 35,977 $ 40,246 $ 40,311 7.65 % of salaries, overtime, part true 2200 Retirement -VRS $ 38,628 $ 50,853 $ 40,448 12.05 % of salaries 8 employees $ 335,665 2202 Deferred Comp. Match $ 8,150 $ 8,450 $ 8,450 $25 per pay period 13 employees 2203 Retirement - VRS - Plant $ - $ 9,927 $ 8,200 12.05 % of salaries 2 employees $ 68,047 2204 Retirement - City $ 17,153 $ - $ - 15.64 % of salaries 0 employees $ - 2205 Retirement - VRS- Hybrid $ - $ 9,546 $ 12,198 12.05 % of salaries 3 employees $ 101,225 2300 Hospitalization $ 95,227 $ 97,739 $ 75,928 13 participating employees 11.8% Annual$ single 10 $ 40,285 Retiree 0 $ - em &sP 1 $ 7,418 family 2 $ 17,528 Ear &Eh 0 $ - HRA(sixempk,yces) $ 3,000 2310 Dental $ 4,487 $ 5,302 $ 5,302 13 psrti,i,c6nge,,ployeu® $34 per month 2400 Life Insurance -VRS $ 4,569 $ 5,796 $ 6,615 1.31 % of salaries 13 employees $ 504,936 2401 Life insurance - City $ 1,073 $ - $ - 1.39 % of salaries 0 employees $ - 2500 Long Term Disability Ins. $ 819 $ 943 $ 977 0.39% salaries RVRA pays 50% $977 2510 Short Term Disability Ina. $ 212 $ 672 $ 672 RVRA pays 100% 2700 Workers' Camp. Ins. $ 13,500 $ 29,633 $ 29,633 Workers'Comp. Insurance 13 employees 2750 Retirement Health Insurance Credit $ 865 $ 1,413 $ 1,515 0.30 % of salaries 13 employees $ 504,936 2800 Termination Pay $ - $ - $ - Annual and sick leave payments 2810 Cash -in PLP $ 4,578 $ 5,225 $ 4,300 Flexible Leave pay out 2830 Employee Benefits $ 19,269 $ 23,983 $ 926 Reli ce Health insurance TOTAL PERSONNEL $ 718,796 $ 819,818 $ 762,410 2016 2017Bt1DGEr PFR'()NNF7. TOTA.I S 10 LANDFILL $ 504,936 $ 22,000 $ $ 40,311 $ 40,448 $ 8,450 $ 8,200 $ 12,198 $ 75,928 $ 5,302 $ 6,615 $ 977 $ 672 $ 29,633 $ 1,515 $ 4,300 $ 926 $ 762,410 2016-2017BUDGET Poznoke V,U,y ltesouurAWhocity 1 U PERSONNEL Unclassified POSITION # GRADE CURRENT PAY RANGE CEO 1 U Unclassified Operations Manager 1 37 $ 75,897 to $ 120,676 Environmental & Safety Manager 1 34 $ 62,441 to $ 99,281 Business Manager 1 30 $ 53,939 to $ 85,763 Operations Supervisor 2 27 $ 46,594 to $ 74,084 Administrative Coodinator 1 25 $ 42,263 to $ 67,198 Senior Equipment Operator 2 23 $ 38,333 to $ 60,949 Business Supervisor 1 22 $ 36,508 to $ 58,048 Building Maintenance Mechanic 1 21 $ 34,769 to $ 55,283 Motor Equipment Mechanic 2 21 $ 34,769 to $ 55,283 Motor Equipment Operator II 14 19 $ 31,537 to $ 50,144 Motor Equipment Operator I 1 17 $ 28,605 to $ 45,482 Scale Operator 1 16 $ 27,243 to $ 43,316 Laborer /Operator 0 13 $ 23,533 to $ 37,417 TOTAL SALARIES Adjustments: Market Performance TOTAL ADJUSTED SALARIES 29 $ 1,393,827 6/30/2016 0.00% $ - 290% mid -point $ 29,794 $ 1,489,685 Supplements - Outstanding Performance $ 14,000 Total $ 43,794 $ 1,437,621 2016- 2017 3UDGEr 11 Roanoke Valley Resource Authority PERSONNEL EMPLOYEE BY LOCATION POSITION # GRADE ADMIN. TRANSFER LANDFILL CEO 1 U 1 0 0 Operations Manager 1 37 1 0 0 Environmental & Safety Manager 1 34 1 0 0 Business Manager 1 30 1 0 0 Operations Supervisor 2 27 0 1 1 Administrative Coordinator 1 25 1 0 0 Senior Equipment Operator 2 23 0 1 1 Business Supervisor 1 22 0 1 0 Building Maintenance Mechanic 1 21 0 1 0 Motor Equipment Mechanic 2 21 0 0 2 Motor Equipment Operator II 14 19 0 5 9 Motor Equipment Operator 1 1 17 0 1 0 Scale Operator 1 16 0 1 0 Laborer /Operator 0 13 0 0 0 '1'01'AL EMPLOYEES 29 5 11 13 2016 -2017 BUDGET 12 Roanoke Valley Resource Authority EXPENSES I it M 2016 -2017 BUDGET Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 3004 Medical Exams $ 1,000 $ 1,000 $ 1,000 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 230,352 $ 264,156 $ 275,276 Employee Assistance Program: $16.28 @ x 29 employees $ 472 Groundwater Monitoring *Drinking Water Sampling 24 @ $621 $ 14,904 *Monitoring Wells 6 wells; 2 events /year $19,000 /event = $ 38,000 Sto mwater Discharge *Permit Sampling 4samples $ 24,000 *Lab Cost 4samples $ 21,000 Gas Monitoring Quarterly @ $1,300 $ 5,200 Monthly,'-) $1,275 $ 15,300 Title V, e- GGR'r, CC & TS $ 24,500 Clean Valley Council 12 months $ 51,000 Landscaping $265 /month $ 3,180 Tire Disposal - 250 Tons @ $89.95 + Fuel Surcharge $ 24,000 Copier Rental $560 /month $ 6,720 HHW Disposal $ 47,000 3011 Janitorial Service $ 11,700 $ 24,000 $ 24,000 Services for all Facilities $2000 /month $ 24,000 3012 Exterminating Services $ 1,200 $ 1,200 $ 1,200 T.S. -$5D /month $ 600 S.G. - $50 /month $ 600 File & Record Retention 5,000 3013 Professional Services $ 84,400 $ 85,500 $ 96,500 Auditing Services $ 13,500 Legal Services $ 48,500 Engineering $ 20,000 Software support $ 3,500 Outside Legal $ 4,000 Leachate sampling $ 2,000 3029 Municipal Waste $2,003,900 $1,924,380 $1,789,434 N S tons shipped 145,900 62 tons /cat = 2,354 5.5% inereese 1,800 cars: $803 /car $ 1,445,400 554 cars:$621 /car $ 344,034 Total $ 1,789,434 2016-2017BODGa 13 �Cn-Flr) A 111 14 2ANSFFR LANDFILL $ 14,904 $ 38,000 2,500 $ 21,500 750 $ 20,250 $ 5,200 $ 15,300 $ 24,500 3,180 $ 24,000 $ 16,800 $ 7,200 600 $ - $ 600 $ $ $ 13,000 3,500 $ - $ 2,000 1,789,434 $ - 2016- 2017BUDGET Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY14 -15 FY15 -16 PY16 -17 JUSTIFICATION 3030 Waste Water Freight $ 227,825 $ 203,700 $ 186,300 Leachate Cars 300 Cars Q $621 $ 186,300 3035 Stone Car Freight Charg $ 14,000 $ 13,560 $ 6,200 Stone Cars 10 Cars @$620 $ 6,200 3101 Temporary Help $ - $ - $ - Buildings and grounds maintenance 3202 Repairs /Office Equipment $ 1,000 $ 1,000 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Vehicles $ 7,200 $ 7,200 $ 7,200 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 6,000 $ 6,000 $ 6,000 Maintenance and repairs to Processing all data processing equipment 3208 Repairs to Buildings $110,000 $ 110,000 $ 110,000 Maintenance and repairs to all buildings and Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $190,000 $ 190,000 $ 210,000 Construction Equipment Equipment Off Road Vehicles $ 175,000 Tipper $ 15,000 Railcars $ 5,000 Miscellaneous Equipment $ 15,000 Tub Grinder, Seeder, etc. 3530 Printed Forms $ 2,600 $ 3,000 $ 3,000 Letterhead, envelopes, cards, scale tickets repair orders, purchasing forma includes General Counsel 3610 Advertising $ 4,500 $ 4,500 $ 4,500 Personnel, REP, bids, public hearings, etc. 3620 Public Information $ 850 $ 850 $ 850 IIandouts $ 150 User Brochures $ 400 HHW Brochures $ 200 Miscellaneous $ 100 2016- 2017BUDGET 15 Roennke Valley Resource OPERATING 201�212 auuGET 16 CODE DESCRIPTION FY16 -17 JUSTIFICATION -XDMIN TRANSFER LANDFILL 3030 Waste Water Freighl $ 186,300 Payments to NS to haul leachate from $ - $ - $ 186,300 Smith Gap 3035 Stone Car Freight $ 6,200 Payments to NS to haul stone to Smith $ - $ - $ 6,200 Charge Gap 3101 Temporary Help $ - Buildings and grounds maintenance $ - $ - $ - 3202 Repairs /Office $ 1,000 Maintenance and repairs to $ 11000 $ - $ - Equipment office equipment 3204 Repairs to Vehicles $ 7,200 Maintenance and repairs to all road $ 4,500 $ 1,350 $ 1,350 vehicles 3206 Repairs to Data $ 6,000 Maintenance and repairs to $ 6,000 $ - $ - Processing all data processing equipment. 3208 Repairs to Buildings $ 110,000 Maintenance and repairs to all building $ 10,000 $ 45,000 $ 55,000 and Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $ 210,000 Construction Equipment Equipment Off Road Vehicles $ 175,000 $ - $ 70,000 $ 105,000 Tipper $ 15,000 $ - $ 15,000 Railcars $ 5,000 $ 5,000 $ - Miscellaneous Equipment $ 15,000 $ 10,000 $ 5,000 Tub Grinder, Seeder, etc. 3530 Printed Forms $ 3,000 Letterhead, envelopes, cards, scale $ 3,000 $ - $ - tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 4,500 Personnel, RFP, bids, public hearings, $ 4,500 $ - $ - etc. 3620 Public Information $ 850 Handouts $ 850 $ - $ - User Brochures HHW Brochures Miscellaneous 201�212 auuGET 16 Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 3625 Promotional Anf cles $ 400 $ 400 $ 400 Recycling handouts, pens, pencils, miscellaneous items 3630 Special Events $ 3,500 $ 3,500 $ 3,500 Annual Employee Functions & Customer A reciation Da 4600 Central Services $ 63,000 $ 60,000 $ 60,000 Administrative services, Roanoke County /Roanoke City for data processing, accounting, web updates, miscellaneous 5110 Utilities - Electricity $ 69,000 $ 69,000 $ 69,000 Transfer Station $2,250 /month $ 27,000 Smith Gap Landfill $3,500 /month $ 42,000 5121 Utilities - Heat - Fuel $ 29,000 $ 34,000 $ 34,000 Transfer Station Natural Gas $ 4,000 Smith Gap Landfill Propane Gas $ 30,000 5141 Water Service - Transfet $ 10,000 $ 10,000 $ 10,000 Water & Sewer Service for Transfer Station Station 5142 Sewer Service - Transfer $ 22,750 $ 21,000 $ 21,000 Sewer Service_ leachatge Smith Gap Station 300 Leachate care $3.50 /1000gal- WVWAFee $ 21,000 5210 Postage S 4,500 $ 4,500 $ 4,500 Postage for all mailings and correspondence, postage meter rent, includes General Counsel 5230 Telephone $ 6,000 $ 6,000 $ 7,000 Telephone service to both facilties, long distance calls, & credit card processing 5233 Internet Lines $ 8,000 $ 7,500 $ 7,500 Fees for internet service at Smith Gap Landfill and Transfer Station 5235 i Cell Phones $ 4,500 $ 5,000 $ 6,000 Service for cell phones 2016- 2017DUDGEI 17 OPERATING 18 IN fRANSFEB LANDFILL 400 $ $ 500 $ $ 000 $ $ - $ 27,000 $ 42,000 - $ 4,000 $ 30,000 - $ 10,000 $ - - $ - $ 21,000 500 $ $ 000 $ $ 980 $ - $ 5,520 000 $ $ - 20162019 BUDGFT f-,F)IP D A ][][l� 19 ATION ings, contents, vehicles IL or VACO pools ies & property is Equipment lent es for RVRA and Members �e lodging, SWANA, s, including meals ns; SWANA„ VML, ,gs, dinners, and vith RVRA mzardous materials, eous to: $ 300,000 $ 100,000 ue $ 2,000 2016 -2019 BUDGET Roavoke Valley Resoarce Authority OPERATING CODE DESCRIPTION FY16 -17 JUSTIFICATION ADMIN TRANSFER LANDFILL 5302 Property Insurance- $ 28,000 Coverage for all buildings, contents, $ 28,000 $ - $ - Fire and equipment 5305 Motor Vehicle Ins. $ 8,000 Insurance for on -road vehicles $ 81000 $ - $ - 5307 Public Officials Ins. $ 500 Insurance through VML or VACO pools $ 500 $ - $ - 5308 General Liability Ins. $ 9,000 Coverage for all facilities & property $ 91000 $ - $ - 5410 Romm Equipment $ 5,280 Rental of Miscellaneous Equipment $ - $ 2,640 $ 2,640 Heavy Equipment Emergency Equipment 5501 Travel - Mileage $ 500 Use of personal vehicles for RVRA $ 500 $ - $ - business, staff, and Board Members 5503 Travel - Lodging $ 8,500 Out of town conference lodging, $ 7,500 $ 500 $ 500' SWANA, VML, legal conferences, including meals 5504 Conference $ 4,000 Conferenceregistradons;SWANA,VML $ 3,500 $ 250 $ 250 legal conferences 5520 Dinner Meetings - $ 3,500 Monthly Board meetings, dinners. and $ 3,500 $ - $ - Luncheons luncheons associated with RVRA 5540 Training &Education $ 5,500 Operator [Paining for hazardous $ 5,500 $ - $ - materials, certification, miscellaneous 5601 Contributions $ 402,000 Payments per contract to: $ - $ 100,000 $ 302,000 Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2016201911UDGFT 20 OPFRATING 21 4TION ttion dues: .2A, er annual tees - ^$38,000 0; CAR CC FEE $11,000 es acils, folders, etc. )pies p equipment mputers its & medicine eaning & sanitation pment & Fees and vehicles, ttenance parts and tent and vehicles $ 7,100 misc. $ 5,500 $ 8,800 2016-2017 BUDGET Roanoke Valley Rescauce Aathority OPERATING CODE DESCRIPTION FY16 -17 JUSTIFICATION ADMIN rRANSFEBLANDFILL . 5801 Dues $ 2,100 Professional & Association dues: $ 2,100 $ - $ - SWANA, SWVSWMA, & IAAP 5815 Warrants and Fees $ 55,000 DEQ & City annual fee - $38,000 $ 6,000 $ 11,000 $ 38,000 CC Fees $6,000, Carbon Fees - $11,000 5823 Employee Recogrution $ 6,000 Awards and Certificates $ 6,000 $ - 5 - 5850 Miscellaneous Operating $ - No programs planned $ - $ - $ - 6010 Office Supplies $ 3,900 Office paper, pens, pencils, folders, etc. $ 3,900 $ - $ - 6011 Photocopies $ 400 Miscellaneous Photocopies $ 400 $ - $ -, 6013 Small Equipment & $ 36,200 Items of office and shop equipment $ 8,500 $ 12,100 $ 15,600 Supplies and supplies, tools, computers 6040 Medical Supplies $ 500 Supplies for first aid kits & medicine $ - $ 750 $ 250 cabinets 6050 Janitorial Supplies $ 3,400 Supplies for general cleaning & $ 3,400 $ - $ - sanitation 6071 Radio Parts $ 4,000 Communications Equipment & Fees $ - $ 2,000 $ 2,000 6080 Gas, Oil, Grease $ 320,000 Fuel for all equipment and vehicles, $ 14,000 $ 90,000 $ 216,000 includes oil, lubricants 6091 Tires, Tubes, Parts $ 70,000 Replacement and maintenance parts an $ 8,000 $ 15,000 $ 47,000 supplies for all equipment and vehicles 6130 Uniform and Wearing $ 21,400 Safety Shoes & jeans $ 125 $ 2,750 $ 4,225 Apparel Rain gear, shirts, hats, misc. $ 3,500 $ 1,000 $ 1,000 Purchase of uniforms $ - $ 3,350 $ 5,450 201620170UDGF.T 22 Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY14 -15 FY15 -16 FY16 -17 JUSTIFICATION 6202 Subscriptions $ 200 $ 200 $ 260 Professional magazines and manuals 6203 Rooks $ 200 $ 200 $ 200 Miscellaneous books and manuals 6211 Code Books $ - $ - $ - Miscellaneous legal code books 6501 Other Operating Supplies S 40,000 $ 50,000 $ 57,000 Disinfectants, deodorizers, salt for roads, gravel and stone for roads, seed, mulch fertilizers and time for seeding slopes, fill areas and other areas, miscellaneous office supplies 6503 Fire Equipment and Supplies $ 1,200 $ 1,200 $ 2,000 Fire hoses & extinguishers replacements & and for annual inspections for both facilities 6510 Safety Equipment $ 2,000 $ 2,400 $ 3,000 Dust mask, safety glasses, etc 9670 Unappropriated Balance $ 52,599 $ 52,061 $ 50,069 For unexpected expenditures 1.25% TOTAL OPERATING $ 4,260,556 $ 4,216,947 $ 4,055,569 2016 -2019 BUDGET 23 aoarroke valley Resource Autnodry OPERATING CODE DESCRIPTION FY16 -17 JUSTIFICATION ADMIN TRANSFER LANDFILL 6202 Subscriptions $ 260 Professional magazines and manuals $ 260 $ - $ - 6203 Rooks $ 200 Miscellaneous books and manuals $ 200 $ - $ - 6211 Code Books $ - Miscellaneous legal code books $ - $ - $ - 6501 Other Operating Supplies $ 57,000 Disinfectants, deodorizers, salt for roads, gravel & stone for roads, seed, mulch fertilizers & lime for seeding slopes, fill areas and other areas, miscellaneous office supplies 5 - $ 6,500 $ 50,500 6503 Fire Equipment and Supplies $ 2,000 Fire hoses &extinguishers replacements & and for annual inspections for both facilities $ - $ 1,000 $ 1,000 6510 Safety Equipment $ 3,000 Dust mask, safety glasses, etc $ - $ 1,500 $ 1,500 SUB -TOTAL $ 62,460 $ 460 $ 9,000 $ 53,000 TOTALS PAGES 29 -24 $ 419,807 $2,262,954 $1,322,739 9670 Unappropriated Balance $ 50,069 For unexpected expenditures 125% $ 5,248 $ 28,287 $ 16,534 TOTAL OPERATINC $ 4,055,569 $ 425,055 $2,291,241 $1,339,273 2016- 2017BUDGEI' 24 2016 -2017 BUDGET CAIPT AL 25 A79ON ide between leachate (SG). idential Service Area 2016- 2019BUBGFI Roanoke Valley Resource Authority EXPENSES RESERVES 2016 -2017 BUDGET Roanoke Valley Rexo —e Anthorl y RESERVES CODE DESCRIPTION BALANCE DEPOSIT EXPENSE BALANCE JUSTIFICATION 7/l/2016 FY16 -17 FY16 -17 06/30/17 924500 Landfill Closure $ 6,394,470 $ 200,000 $2,000,000 $ 4,594,470 As required by State and Federal Regulations to close Smith Gap Landfill Close 7 Acres 925010 Equipment $ 821,417 $1,000,000 $1,363,000 $ 458,417 For replacement of Reserve Fund equipment per equipment replacement schedule. 925020 Groundwater $ 500,000 $ - $ - $ 500,000 Groundwater Protection Fund protection fund per local permit 925030 Landfill Host $ 179,475 $ 10,000 $ - $ 189,475 As per local permit. Community Intranet /property Improvement Fund 925040 Property Value $ 384,759 $ - $ - $ 384,759 As per local permit. Protection Current fund is adequate based on anticipated sales. 925050 Future Site $ 3,150,118 $ 500,000 $ 50,000 $ 3,600,118 For future construction Development of the landfill Engineering for Phase Vi 925065 Capital $ (21,839) $ 390,000 $ 292,000 $ 76,161 For maintenance and Improvement improvements to the Fund facilities. Lighting, Carpet, and Tile 00840- Contingency $ 1,476,192 $ - $ 50,509 $ 1,425,683 For unexpected expenses 0929 Reserve and for Upping fee Fund stabilization TOTAL RESERVE $12,884,592 $2,100,000 $3,755,509 $ 11,229,083 FUNDS 2016+2417 BUDGET 26 Roanoke Valley Resource Authority RESERVES CODE DESCRIPTION JUSTIFICATION DEPOSIT ADMIN TRANSFER LANDFILL FY16 -17 924500 Landfill Closure As required by State $ 200,000 $ - $ 10,000 $ 190,000 and Federal regulations to close Smith Gap Regional Landfill 925010 Equipment For replacement of $1,000,000 $ - $ 354,700 $ 645,300 Reserve Fund equipment per equipment replacement schedule. 925020 Groundwater Groundwater $ - $ - $ - $ - Protection Fund protection fund per local permit. 925030 Landfill Host As per local permit. $ 10,000 $ - $ - $ 10,000 Community intranet /property Improvement Fund 925040 Property Value As per local permit. $ - $ - $ - $ - Protection Current fund is adequate based on anticipated sales. 925050 Future Site For future construction $ 500,000 $ - $ - $ 500,090 Development of the landfill No planned expenditur 925065 Capital For maintenance and $ 390,000 $ - $ 195,000 $ 195,000 Improvement improvements to the Fund facilities. 00840- Contingency For unexpected expense $ - $ - $ - $ - 0929 Reserve and for tipping fee Fund stabilization TOTAL RESERVE $2,100,000 $ - $ 559,700 $ 1,540,300 FUNDS 2016- 2017BUDGET 27 Rozuoke Valley Resource Authority TIPPING FEE BREAKDOWN 2016 -2017 BUDGET liannoke Valley Res ovme Auth.61, TIPPING FEE BREAKDOWN ALL OPERATIONS CATEGORY ADMIN LANDFILL TRANSFER TOTAL TOTAL PERCENT PERSONNEL $ 669,840 $ 762,410 $ 720,474 $ 2,152,723 26% OPERATIONS $ 425,055 $ 1,369,273 $ 2,291,241 $ 4,085,569 49% DEPOSITS AND RESERVES $ - $ 1,540,300 $ 559,700 $ 2,100,000 25% TOTAL $ 1,094,894 $ 3,671,983 $ 3,571,415 $ 8,338,292 100% PERCENTAGE 13% 44% 43% 100% TRANSPORTATION CATEGORY LANDFILL TRANSFER TOTAL PERCENT MUNICIPAL FREIGHT $ - $ 1,789,434 $ 1,789,434 21% LEACHATE TANKERS $ 186,300 $ - $ 186,300 2% STONE $ 6,200 $ - $ 6,200 0% TOTAL $ 192,500 $ 1,789,434 $ 1.,981,934 24% 2% 21% 24% Required Tipping Fee I - - " -- Deposits from Contingency funds allow Mumcipal $ 49.6 per ton fora lower tipping fee charge. Commercial $ 59.6 per ton 201b 2017BUDGET 28 MAD 2016 -2017 BUDGET R 4 V,11— It--, AniM1miW n?I Tlf'lf 'n Y-'�\lf'f�'-lf 1f JLOkjL-iILY 29 MON ly 1, 2016 Activities Ime from 2016- 2017BUDGET Roanoke Valley Resource Authority Dll'lrmC'�7Ir'ulIDr'fA ) 30 'ATION ring is $ 42,000 terly $ 6,000 1 $ 18,000 $ 100,000 I care $ 11,000 ig $ 44,000 nerd $ - $ 10,000 ;onstr. $ 1,000,000 $ 93,000 me $ 5,000 )wer /Flare Station arvices ttled gas. ition and Associated 2016- 2017BUDGET Roanoke Valley Resource Authority APPENDIX 2016- 2019BUDGBT Qpm O kiefn9 FY 2016 -2017 Budget • Recommended budget is balanced and meets the priorities established by Council • Budget Totals - $281,092,000 — Key Budget Highlights: • Maintains current levels of core services • Includes targeted funding for strategic investments 2 The Vision The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, grow, play and prosper. 3 City of Roanoke Assure a desirable region where Priorities judicial needs are met and citizens feel safe in their community. Safety =Econc Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant Livability and active city in which to live, learn, work and play. Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, recognizing our role in both the gional and global economies. Infrastructure Government Provide exceptional, yet cost competitive government Human services that are collaborative, $ervlces transparent, responsive, and Tinnovative. Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement. Foster a caring community that utilizes an equitable, regional, and collaborative approach to encourage preventative measures, intervention services, and self - sufficiency while providing a social safety net for citizens. Priority Allocations OUtsidp Cnpnripc $8,' Livability $15,443,136. 5.49% Good Govern $17,922,15 6.38% Infrastructui $21,614,661 7.69% Non - Departmental Economy Human Services $82,205,257 29.25% >afety ,299,026 :3.94% Revenue Estimate by Major Category Fiscal Year 2017 40.7% it Taxes YO Sales Tax 7.8% Growth of 3.3% when comparing FY17 estimate to the FY16 adopted budget M $9.0 Million Increase in FY17 Revenues over FY16 Adopted Budget General Property Tax Other Local Taxes Permits Fees and Licenses Fines and Forefeitures Revenue from Use of Ivbney /Property Health and Welfare Funding from Commonwealth Other Funding from Federal and State Charges for Services Internal Services Other Revenues Total General Fund Revenues 4/18/2016 $Growth/ %Growth/ FY 16 Recommended (Decline) From (Decline) Adopted Estimate FY 16 Adopted FY 16 Adopted $ 109,827,000 $ 114,528,000 $ 4,701,000 4.3% 78,120,000 81,406,000 3,286,000 4.2% 1,195,000 1,147,000 (48,000) (4.0 %) 1,284,000 1,284,000 - 0.0% 206,000 221,000 15,000 7.3% 29,177,000 29,999,000 822,000 2.8% 40,614,000 40,864,000 250,000 0.6% 8,456,000 8,183,000 (273,000) (3.2 %) 2,520,000 2,832,000 312,000 12.4% 652,000 628,000 (24,000) _ (3.7 0%) $ 272,051,000 $ 281,092,000 $ 9,041,000 3.3% FA Local Support for Education Funding to Roanoke City Public Schools is recommended to increase $2.6 million to a total of $80,402,800 for FY 2016 -2017 91 Strategic Investments for FY 2017 and Beyond RCPS $2,608,800 Public Safety Juvenile Detention $50,000 Sheriff Career Enhancement (27) and Deputy positions (5) $232,436 Jail inmate medical and utilities $206,928 Peak Time Ambulance Staffing (North Side Unit) $129,180 Part -Time Fire Inspectors $48,002 Police body cameras and ammunition $106,000 Human Services — Three (3) positions for Benefit Programs (14.5% local $739,248 share), CSA (30 %) including Sr Family Services Specialist, Auxiliary Grant Program (20 %), Outstationed Worker (30 %), Security Enhancements (30 %) Economic Development Broadband $378,177 Performance Agreements $260,600 Communications Marketing Initiatives $41,700 Libraries Books and Materials $35,000 Capital Adjustments Fleet Replacement $364,432 Fleet Replacement Contingency $460,000 Strateizic Investments for FY 2017 and Bevond Transportation Street Paving $115,245 Asset Management System Technician $40,350 Median and Right of Way Landscape Maintenance $11,665 Route Optimization for Snow $10,000 Chemicals for Snow $67,264 Public Infrastructure Inspector $40,350 Civil Engineer for Bridges (funded thru Bridge Maint. Program) Park Maintenance 2 Maintenance Tech I workers $59,818 Temporary wages $20,000 Solid Waste Management Central Business District Sealed Compactor Expansion $135,417 Technology Technology Maintenance Contracts and After Hours Support $67,271 Fleet Management Additional funds for parts and contracted services $184,433 Fleet Parts Contingency $80,000 Risk Management Third Party Claims Administration $30,000 10 Strategic Investments for FY 2017 and Beyond Treasurer Treasurer Clerk I position $27,986 Commissioner of the Revenue Tax Systems Analyst $48,545 Human Resources Learning Specialist $26,545 Employee Tuition Assistance $20,000 Employee Recognition Program $10,000 Lean /Six Sigma Coordinator $76,011 Increased Debt Service Funding $110,000 Increased Funding of Reserves $125,000 Competitive Pay and Benefits Salary Increase 1,790,000 11 One -Time Funding Total: $2,230,234 Jefferson Center (4th of 5) Virginia Museum of Transportation (4th of 5) YMCA (5th of 5) Percent for Art Arts Endowment Capital Project Contingency Other Requests: Election Staffing $ 26,385 Police (Body cameras and equipment $ 29,790 Libraries (PC replacement) $ 21,000 Parks & Recreation (Park Maintenance Equip) $ 34,200 Transportation (Signal Controllers) $125,000 Software and Equipment $ 74,242 Market Building Capital Maintenance $ 75,000 To be funded from one -time sources $ 100,000 $ 100,000 $ 100,000 $ 21,500 $ 125,000 $ 1,398,117 $ 385,617 12 Outside Agencies — Funding Amount by Agreement/Contract * Indicates increase over FY16 13 Recommended Total Community College Access Program (CCAP) $100,000 District Taxes Downtown and Williamson Road 697,000 DRI — Special Event Coordination 135,000 Health Department * 1,555,792 Interstate 73 Coalition, LLC * 24,000 Market Building Support 300,000 Mill Mountain Zoo 33,120 New River Valley Commerce Park 35,000 Regional Center for Animal Care & Protection * 924,801 Roanoke Regional Partnership * 215,829 * Indicates increase over FY16 13 Outside Agencies — Funding Amount by Agreement/Contract (Continued) iG! Recommended Total Roanoke Valley—Alleghany Regional Commission* $89,388 Roanoke Valley — Alleghany Regional Commission Regional Bicycle Coordinator * 12,000 Roanoke Valley — Alleghany Regional Commission Roanoke River Bluewa * 5,200 Roanoke Valley Broadband Authority (Debt service and operating expense) * 542,702 Roanoke Valley Convention & Visitors Bureau * 1,725,000 Roanoke Valley Greenway Commission 42,880 Roanoke Valley Television RVTV * 211,361 Roanoke Valley Transportation Planning Organization 14,837 iG! Outside Agencies — Funding Amount by Agreement/Amount Discretionary 15 Recommended Total Blue Ridge Behavioral Healthcare $448,890 Virginia Cooperative Extension * 80,407 15 Outside Agencies — Funding Participation Discretionary 16 Recommended Total Human Services Advisory Board $409,052 Roanoke Arts Commission 269,220 Blue Ridge Soil and Water Conservation District 3,000 enter in the Square 285,760 '.ity of Salem - NCAA Championships 2,880 it Works XPO and CoLab 65,000 Miss Virginia Pageant 9,600 Renovation Alliance (formerly Rebuild America 2,400 Roanoke Blacksburg Technology Council (formerly New Century Technology Council ) 2,000 16 Outside Agencies — Funding Partici ation Discretionary Continued 17 Recommended Total Roanoke Community Garden Association $10,000 Roanoke Regional Small Business Development Center 10,000 Roanoke Valley Sister Cities 10,800 Taubman Museum of Art 70,000 Total Action for Progress TAP 160,000 ransdominion Express 2,000 Virginia Municipal League 29,510 Virginia Western Community College [Scholarships 10,303 17 Capital Project Planning • Maintain Current Capital Assets • Infrastructure Investment for Livability and Economic Development • Bridge Renovation /Replacement ■ Curb, Gutter and Sidewalk • Streetscape Projects ■ Storm Drains ■ Civic Center ■ School Maintenance • Targeted Livability Investments ■ Parks and Recreation Master Plan • Libraries Investments made within parameters of debt policy. im Debt Issuance Planning FY 2017 -2021 Project RCPS Bridge Renovation Library Master Plan P &R Master Plan Civic Center Stormwater Management Curb, Gutter and Sidewalk Street Scapes Fire Facility Master Plan 911 Center Colonial Avenue Street Improvements 10th Street Improvements Total 2017 2018 2019 2020 2021 Total $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 25,000,000 8,050,000 - - - 11,000,000 19,050,000 2,845,000 2,769,000 550,000 5,000,000 - 11,164,000 2,500,000 2,500,000 2,500,000 1,000,000 1,000,000 9,500,000 - 1,500,000 1,500,000 1,500,000 1,500,000 6,000,000 1,620,000 2,000,000 2,000,000 2,000,000 2,000,000 9,620,000 1,000,000 1,500,000 1,500,000 1,500,000 1,500,000 7,000,000 500,000 500,000 500,000 500,000 500,000 2,500,000 - 810,000 5,400,000 - 645,000 6,855,000 1,500,000 10,000,000 - - - 11,500,000 2,500,000 - - - - 2,500,000 1,000,000 700,000 1,700,000 $ 26,515,000 $ 27,279,000 $ 18,950,000 $ 16,500,000 $ 23,145,000 $ 112,389,000 WJ 5 Year Forecast Assumption Percentage and Time Period Operating Expenditure Growth REVENUES AND EXPENDITURES Salary Increases 2% in FY 18 -21 Real Estate Tax Growth $350.0 Personal Property Tax Growth 3% in FY 18 -21 Prepared Food and Beverage Tax Growth 3% in FY 18 -21 All Other Revenue Growth 3% in FY 18 -21 $300.0 $250.0 N Z O $200.0 J J g $150.0 $100.0 $50.0 $ FT2016B FT2017F FT2018F FT2019F FT202OF FY2021F VARIANCE $- $0.0 $(2.2) $(2.0) $(1.2) $0.1 VAR BASE $272.1 $281.1 $290.1 $297.3 $304.6 $311.9 - REVENUE $272.1 $281.1 $287.9 $295.3 $303.3 $312.0 EXPENDITURES $272.1 $281.1 $290.1 $297.3 $304.6 $311.9 Assumption Percentage and Time Period Operating Expenditure Growth 2% in FY 18 -21 Salary Increases 2% in FY 18 -21 Real Estate Tax Growth 1% - 2.5% in FY 18-21 Personal Property Tax Growth 3% in FY 18 -21 Prepared Food and Beverage Tax Growth 3% in FY 18 -21 All Other Revenue Growth 3% in FY 18 -21 %zl Fee Adjustments Fee Athletic Field Rental for Tournaments Current $125 per field per day Proposed $50 per field per day + $10 per team 21 Budget Calendar -Budget Public Hearing •April 28, 2016 • 7:00 p.m. (Council Chamber) • General Fund and HUD -Council Briefing /Budget Study (if necessary) • May 5, 2016 • 9:00 a.m. (Council Chamber) -Budget Adoption • May 9, 2016 w2:00 p.m. (Council Chamber) 22 OFFICE OFTHE CITY MANAGER Noel C. Taylor Municipal Building Roanoke, Virginia 24011 Room 364 Roanoke, Virginia z4ov Zyw'3n333 ROANOKE ww.r oanokeva.gov April 14, 2015 Mayor Bowers and Members of City Council: Subject: FY 2016 -2017 Budget Development Follow -Up Information As a follow -up to the April 41h briefing on FY 2016 -2017 budget development, the information below is provided in response to questions from City Council. Priority Summary As requested, you will find attached a summary of the offer total by priority, with change from the FY 2016 base budget, based on budget development status at the March 71" and April 4° Council briefings. It should be noted that the "Change from FY 16 Base Column" includes incremental operating costs and incremental personnel related costs related to new positions, overtime, and temporary wages. Council of Community Services Funding Request The specific request, $8,500, from the Council of Community Services is for a media campaign to increase awareness of the 2 -1 -1 Helpline to foster more use by City of Roanoke residents. This request is not recommended for funding. Jail - Housing of Federal Inmates On average, 50 federal prisoners are housed at the Jail each day. The reimbursement for housing federal prisoners is $50 per day for each prisoner. In FY 2015, approximately $1 million was received for housing federal prisoners. Fire Inspections Funding The Fire Marshal's office is responsible for fire inspections for code compliance, arson /fire investigations, plan reviews, and other fire prevention activities. The frequency of inspection for code compliance will range from annuallyto everythree years depending on building use category. The inspection of places of public assembly and schools are being done in accordance with the required frequency of inspection. The additional temporary wage funding for part -time inspectors will help improve the frequency of inspection of commercial businesses for life- safety related issues. Hourly Rate With the 2% pay raise, the hourly rate for the lowest compensated full -time employee currently on payroll will be $10.15. With full benefits, the hourly rate will be $15.60 per hour. Going forward, the minimum hourly rate paid to full time employees will be $10 per hour. Page 2 Capital Projects - Revising Bond Issuance The bond issuance for the current fiscal year has been completed. The bond issuance for FY 2016 -2017 will most likely be done in late winter. Staff will evaluate the projects that are in the pipeline and any benefits or challenges associated with moving forward the timing of bond issuance based on a favorable interest rate climate. Funding to Outside Agencies Currently, there are no recommendations to reduce the level of funding to outside agencies. There is incremental funding allocated to agencies that are funded via agreement with the level of funding based on a formula such as the Health Department, Regional Center for Animal Care and Protection, and the Regional Partnership. The Interstate 73 Coalition, Roanoke Valley Alleghany Regional Commission Bicycle Coordinator and Biueway program (currently funded from budget contingency), City Works XPO (currently funded from budget contingency), and the CoLab (currently funded from budget contingency) locations in the City are the only new programs and agencies being recommended for funding. Balancing the Budget Since the April 4'h briefing, we have been successful in balancing the budget. The steps to balance the budget included: • Expense savings (approximately $220,000) with the allocation of the pay raise to department budgets based on changes in the payroll base due to position turnover since the development of the initial cost estimate of the pay raise. • Expense savings (approximately $60,000) associated with general fund supported internal service fund overhead costs. • Correction in the Roanoke City Public Schools (RCPS) funding formula deduction for the lodging tax revenue dedicated to the Roanoke Valley Convention and Visitors Bureau (RVCVB). The deduction included only 1 /8'hofthe lodging tax revenue when it should have included 3/8'h,. RCPS was receiving the benefit of an additional $460,000 in local tax revenue that is allocated directly to the RVCVB. This correction has been reviewed with RCPS staff. • Revenue estimate revisions for BPOL, personal property tax, sales tax, and State revenue for social service programs and Compensation Board reimbursement totaling approximately $1.1 million. The RCPS share of the revenue adjustment is approximately $400,400. • With the expense and revenue adjustments referenced above, we have been able to fund several offers that were not previously funded in public safety, livability, public works, human services, and general government. Page 3 I trust the information above is responsive to your questions and provides information on the steps taken to balance the budget. we look forward to presenting the budget on April 18' . Si ly Christopher P. Morrill City Manager c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Amelia Merchant, Director of Management and Budget R. B. Lawhorn, Budget Administrator, Department of Management and Budget Summary — March 7th MnRawmx O Tdai Cmanaman EV 16 Base EEUUtim :1,8]6.858 SBZBM saWy 3ee,e11,a99 st.eso.574 Human Smicee 53]]25,886 5888.475 iMraawcWre 331.mm $1,]0].188 Ge Govonm 518,119,"5 3585.011 Lamm* 318,131,531 iS93.835 E¢nomy $.4140'18 $1I9,H`3 Guuud. ,_mm ".1151BY $I M.f BW Commillee R.W.v 35.0.U`.910 $1.316,869 RenrvM AllualiW(RCPS. Teneler b OeM, Tma1w b CiWc CeMw, Pay eW.) s1059A,139 35.]32883 T aLB 3381.098.383 $4888.106 Reeenw EeOnW —MarAT 3318,331.000 VNawe (39.01].063) 1 Summary —April 4th teem Reomw Ma, "Na Clun9elrem FT100ne Eb atm St W2a`] W.950 se" 51],3<0,310 $]0],511 Human Services 33],513.530 W77 IN Ink.rumure 521,18,815 $all. GmG GOremmem $17,007,M 3X3.471 Lrve01Wy $15.377,788 "M E., $1.418.385 sw4w GWIae A3ercw EB.fN.z10 s][0.965 BWdel COmmW. RmW— X.001.335 vv.lw ReurveEPllaatim $IU.100085 $3.%3.033 ror49 $3W.353,371 s7.331st1 Revanw Eesmwe —npne s .Uq,000 wBeooe (5364,874) 2 Ronnie J. Legette, Sr., Director U. S. Department of Housing and Urban Development Office of Community Planning and Development Richmond Field Office 600 E. Broad Street, Suite 300 Richmond, Virginia 23219 -1800 Dear Mr. Legette: I am enclosing copy of Resolution No. 40474 - 041816 authorizing acceptance of the following grants by the City of Roanoke from the United States Department of Housing and Urban Development: a "Home Again' Permanent Supportive Housing Grant, in the amount of $215,670.00, a Homeless Assistance Team Grant, in the amount of $140,422.00, and a Continuum of Care Planning Grant, in the amount of $37,728.00, to be used to end homelessness; and furthermore authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016. Sincerely, .1 Y� . �-rl ,�, „.� �% Stephanie M. Moon Reynol s, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Jane R. Conlin, Director, Human /Social Services CITY OF ROANOKE GO OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone; (540)853 -2541 Fee: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mull: clerk@roanokevu.ROv CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk April 19, 2016 Ronnie J. Legette, Sr., Director U. S. Department of Housing and Urban Development Office of Community Planning and Development Richmond Field Office 600 E. Broad Street, Suite 300 Richmond, Virginia 23219 -1800 Dear Mr. Legette: I am enclosing copy of Resolution No. 40474 - 041816 authorizing acceptance of the following grants by the City of Roanoke from the United States Department of Housing and Urban Development: a "Home Again' Permanent Supportive Housing Grant, in the amount of $215,670.00, a Homeless Assistance Team Grant, in the amount of $140,422.00, and a Continuum of Care Planning Grant, in the amount of $37,728.00, to be used to end homelessness; and furthermore authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016. Sincerely, .1 Y� . �-rl ,�, „.� �% Stephanie M. Moon Reynol s, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Jane R. Conlin, Director, Human /Social Services 1 C IN 'I [IF COUNC11.0I''ff IF C11 'Y OF ROANOKF, VIRGINIA The 18th day of April, 2016. No. 40474 - 041816. A RESOLUTION authorizing acceptance of the following grants by the City of Roanoke from the United States Department of Housing and Urban Development ( "HUD ") to be used for the purposes of ending homelessness (1) a °home Again' Permanent Supportive Housing ( "PSH ") grant in the amount of $215,670, (2) a Homeless Assistance Team ( "HAT ") grant in the amount of $140,422, and (3) a Continuum of Care Planning giant in the amount of $37,728; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby ACCEPTS the following grants from HUD: (a) The "Home Again" PSH grant in the amount of $215,670, with a required local in- kind dollar for dollar match of supportive services, such match to be provided by the City of Roanoke and various external agencies, for a one year period beginning November 1, 2016, through October 31, 2017, to provide rental assistance and supportive services to disabled homeless individuals and their families. (b) A HAT grant in the amount of $140,422, with a local cash match in the amount of $47,305 from the City of Roanoke, to be used for supportive services to homeless individuals and their families, for the one year period begimting February 1, 2016, through January 31, 2017; and (c) A Continuum of Care Planning grant in the amount of $37,728, with a local cash match in the amount of $5,000 and in kind supportive services from the City of R -Home Again Permanent Supportive Housing grant (4- 18 -I6) Roanoke, and it cash match in the amount of$5,000 and in kind supportive services from the Council of, C'onnmuni I Services, to be used 1'br implementing shvtegics to end homelessness, for the one year period beginning July I, 2016, through June 30, 2017. The terms and conditions of the giants are more particularly described in the City Council Agenda Report dated April 18, 2016. The City of Roanoke is authorized to be the fiscal agent for the above referenced giants and shall be fesponsibIc for distributing the proceeds of the wants. The City Manager is hereby authorized to execute any and all requisite documents, in a form approved by the City Attorney, and to furnish such additional information as maybe required in connection with the City's acceptance of such grants. ATTEST: City Clerk � R -Home Again Permanent Supponwv Housiag gait (4- I8 -16) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40475 - 041816. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Home Again Grant, amending and reordaining certain sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Shelter Plus Care Revenues Shelter Plus Care FY17 35- 630 -5308 -2010 $ 17,253 35- 630 - 5308 -2159 198,417 35- 630 -5308 -5308 215,670 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Citv Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40476- 041816. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Regular Employee Salary 35- 630 -5361 -1002 $ 105,921 Temporary Employee Wages 35- 630 - 5361 -1004 13,520 City Retirement 35- 630 - 5361 -1105 16,564 Health Savings 35- 630 - 5361 -1117 1,047 FICA 35- 630 -5361 -1120 9,137 Medical Insurance 35- 630 - 5361 -1125 18,205 Dental Insurance 35- 630 -5361 -1126 1,000 Life Insurance 35- 630 -5361 -1130 1,261 Disability Insurance 35- 630 - 5361 -1131 100 Telephone 35- 630 - 5361 -2020 1,400 Telephone - Cellular 35- 630 - 5361 -2021 800 Administrative Supplies 35- 630 - 5361 -2030 1,500 Motor Fuel Billed Through Fleet 35- 630 -5361 -2039 1,300 Program Activities 35- 630 - 5361 -2066 15,372 Postage 35- 630 - 5361 -2160 100 Fleet Management Vehicle Repair 35- 630 - 5361 -7026 500 Revenues Homeless Assistance Team FY16 35- 630 - 5361 -5361 140,422 Homeless Assistance Team FY16 - Local 35- 630 - 5361 -5362 47,305 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: i City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40477 - 041816. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Planning Grant, amending and reordaining certain sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues CoC Planning FY16 - Federal 35- 630 - 5424 -2010 $ 37,728 35- 630 - 5424 -5424 37,728 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: City of Roanoke Home Again Permanent Supportive Housing (PSH) Background: A City of Roanoke Home Again PSH grant allocation of $215,670 was awarded to the City of Roanoke for a one year period beginning November 1, 2016, through October 31, 2017. A local in -kind dollar for dollar match of supportive services is required and has been committed to by the following agencies: Salem Department of Veterans Affairs Medical Center, City of Roanoke Department of Social Services, Total Action for Progress, Blue Ridge Independent Living Center, Blue Ridge Behavioral Healthcare, City of Roanoke Health Department, Support Systems, Inc., Dominion Day, East Mental Health, Emotional Health Stabilization (EHS), Trust House, Salvation Army The Turning Point, Family Insight, National Counseling Group, Roanoke Resource, and the Roanoke Redevelopment and Housing Authority. The Homeless Assistance Team (HAT) program was awarded a supportive services only grant of $140,422 for a one year period beginning February 1, 2016. A local cash match of $47,305 is required for a total program budget of $187,727. Permanent supportive housing continues to be identified as a top priority for the Blue Ridge Continuum of Care (CoC) and the Blue Ridge Interagency Council on Homelessness. This program provides rental assistance and supportive services to disabled homeless individuals and their families. Disabilities are defined as serious mental illness, chronic substance abuse, AIDS or related diseases and physical disabilities. Currently, 42 housing units are under lease in the PSH program including 1 in Salem, 9 in Roanoke County and the remainder in the City. The street outreach program goals are to assist homeless persons in their transition from streets and emergency shelters to transitional and permanent housing. HAT staff maintain office hours from 8:00 a.m. until noon after which time street outreach is conducted in shelters and other places not designed for human habitation. Through contacts and engagements, staff provides limited case management services including agency referrals, security deposits, food, transportation, and prescription assistance. Last year, the program assisted 2,118 participants. The Council of Community Services (CCS) and the City of Roanoke partnered together to apply for CoC planning funds. As the grantee, the City was also awarded $37,728 for CoC Planning. This project will provide planning, monitoring and evaluation to the CoC and the Blue Ridge Interagency Council on Homelessness (BRICH). This project will engage the CoC Committee and the BIRCH members in strategic planning to increase focus on prevention of homelessness and rapid re- housing. It will increase accountability through adoption of community wide standards, program monitoring, and data collection for reporting progress against objectives and standards in the strategic business plan. This level of oversight will increase our ability to meet HUD's national objectives. The project will provide written reports, monitoring and evaluation of HUD programs and assist in the development of the annual CoC application. Cash match for this grant is being provided by the Council of Community Services ($5,000) and the City of Roanoke's HUD Community Development Block Grant Program ($5,000). Recommended Action As fiscal agent, authorize the City Manager to accept the PSH Renewal Grant Award in the amount of $215,670 from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $215,670 and appropriate funding in the same amount into an account to be established by the Director of Finance in the Grant Fund. Accept the HAT grant award described above and authorize the City Manager to take such actions and execute such documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, including execution of any required grant agreement, such documents to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates in the amount of $140,422 for Federal grant funds and $47,305 for local match funds. Transfer funding in the amount of $47,305 from the Transfer to Grant Fund (01 -250- 9310- 9535), and appropriate funding in the amount of $187,727 into accounts to be established in the Grant Fund (as outlined in Attachment A) by the Director of Finance. Accept the Planning grant in the amount of $37,728 and authorize the City Manager to execute the grant documents associated with this funding. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $37,728 and to appropriate the same amount to Fees for Professional Services in an account to be established by the Director of Finance in the Grant Fund. A �w61---- City Manager Attachment Distribution: Council Appointed officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Jane R. Conlin, Director, Human /Social Services CECELIA T. WEBB, CMC Assistmn Deputy City Clerk April 19, 2016 Rebecca Wickline, Senior Vice President Partner and Business Development National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, Virginia 20148 -4501 Dear Ms. W ickline: I am enclosing copy of Resolution No. 40478 - 041816 authorizing the City Manager on behalf of the City to accept from the National Recreation and Parks Association a grant in the amount of $35,000, with no local match from the City, to increase the number of healthy meals children in low- income areas receive during out -of- school times. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016. Sincerely, I i Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steven C. Buschor, Director of Parks and Recreation Amelia C. Merchant, Director, Management and Budget CITY OF ROANOKE GO OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fex: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: dark (a)roanokeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistmn Deputy City Clerk April 19, 2016 Rebecca Wickline, Senior Vice President Partner and Business Development National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, Virginia 20148 -4501 Dear Ms. W ickline: I am enclosing copy of Resolution No. 40478 - 041816 authorizing the City Manager on behalf of the City to accept from the National Recreation and Parks Association a grant in the amount of $35,000, with no local match from the City, to increase the number of healthy meals children in low- income areas receive during out -of- school times. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016. Sincerely, I i Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steven C. Buschor, Director of Parks and Recreation Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL, OFTHE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40478- 041816. A RESOLUTION accepting the Out -of- School Time Grant to the City from the National Recreation and Parks Association in cooperation with Walmart, and authorizing execution of any required documentation on behalf of the City in connection with such grant, under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept from the National Recreation and Parks Association a grant in the amount of $35,000, with no local match from the City, to increase the number of healthy meals children in low- income areas receive during out -of- school times, all of which is more particularly described in the City Council Agenda Report dated April 18, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all of such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. R -out ofschool grant 4 18.16 -dac ATTEST: City Clerk. ` IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40479- 041816. AN ORDINANCE to appropriate funding from National Recreation and Parks Association for the Out -of- School Time Grant for food service, nutrition education, and sustainability, amending and reordaining certain sections of the 2015 -2016 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 certain sections of the 2015 -2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Fees Revenues Summer Food Program FY17 35- 620 - 8314 -2010 $ 35,000 35- 620 - 8314 -8314 35,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Out -of- School Time Grant Background: The City of Roanoke Parks and Recreation Department has been awarded a $35,000 grant through the National Recreation and Parks Association's Out -of- School Time Grant in cooperation with Walmart. Considerations: The purpose of this grant is to increase the number of healthy meals children in low - income communities receive through the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) during out -of- school times. The funds will be directly used to support efforts to: 1. Provide nutrition literacy through enrichment activities to children and families that creates behavior change by teaching the importance of healthy eating; 2. Implement nutrition standards that increase access to healthier foods and support a healthy eating environment; and 3. Promote meal and program efficiencies that will decrease food waste and lead to a more sustainable meal program. In addition to the City of Roanoke's meal sites, the Parks and Recreation Department will be conducting outreach to other meal sites to engage children and families in healthy eating. Participating locations include Apple Ridge Farm, Bluestone Park, Boys and Girls Club, Dominion Day Services, Indian Rock Village, Intercept Youth Services, Jamestown Place, Jesus Is Lord Church, Lansdowne Park, Renewed Mind Worship Center, and Villages at Lincoln. Recommended Action: Accept the National Recreation and Parks Association's Out -of- School Time Grant in the amount of $35,000, and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the National Recreation and Parks Association and any other forms necessary to accept such grant, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $35,000, and appropriate funding in the same amount into an expenditure account to be established in the Grant Fund by the Director of Finance. (-: -- -p - - M---- stop P. orrill - - - - - -- City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Steven C. Buschor, Director of Parks and Recreation xX National Recreation and Park Association April 4, 2016 Steven Buschor City of Roanoke Parks and Recreation Department 215 Church Avenue, SW 303 Roanoke, VA 24011 Dear Steven Buschor, Thank you for applying for an Out -of- School Time Programs grant from the National Recreation and Park Association (NRPA) in partnership with the Walmart Foundation. I am pleased to inform you that your agency has been selected to receive grant funding in the amount of $35000 to support your agency's out -of- school time programs. Congratulations —we look forward to working with you to ensure as many children as possible receive nutritious meals and healthy enrichment activity during out -of- school times. The grant agreement period is April 4, 2016 to March 1, 2017. During this period, your agency is required to: 1. Direct grant funds to: A. Increase the number of healthy meals children in low- income communities receive through the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) during out -of- school times. B. Provide nutrition literacy to children and families that creates behavior change by teaching the importance of healthy eating. C. Implement nutrition and physical activity standards that increase access to healthier foods and increase opportunities for physical activity. D. Promote meal and program efficiencies that will decrease food waste and lead to more sustainable meal programs. 2. Provide a copy of your agency's W -9 along with this signed MOU by May 15, 2016, 3. Complete the following items at the beginning of the grant period. No grant funds will be disbursed until each of these items are complete. a. Complete the Commit to Health pledge for each of your out -0f - school time sites where you plan to implement the Healthy Eating and Physical Activity (HEPA) standards. Note that while this grant period is less than a year, Commit to Health is a five year initiative. b. Complete the Alliance for a Healthier Generation's Healthy Out -of- School Time Assessment (accessible after registering your sites) at the beginning of the grant period and again by January 15, 2017. XX National Recreation and Park Association c. Create an Action Plan for each of your out -of- school time sites where you will be implementing the HEPA standards (this can be done while completing the assessment) at the beginning of the grant period and again by January 15, 2017. 4. At least one representative from your agency must attend: a. Mandatory preliminary phone conference on April 26, 2016. b. Mandatory virtual training for Summer programming on May 10, 2016 (it is recommended that additional management and program staff attend this training). c. Mandatory virtual training for Fall programming on August 16, 2016 (it is recommended that additional management and program staff attend this training). 5. Implement the Nutrition Literacy Curriculum in at least 10 out -of- school time sites in the Summer and Fall of 2016. 6. Implement the Cooking Matters at the Store Program in the Summer and Fall of 2016. 7. Promote the mHealth (mobile texting) campaign at your park and recreation sites to help engage parents and teens. 8. If selected, participate in an evaluation group conference call on May 17, 2016 and administer surveys pre and post - program to children and staff to evaluate the effectiveness of the nutrition literacy curriculum on increasing knowledge of nutrition and healthy living. 9. If requested, host a half -day site visit by NRPA staff, including local stakeholders. 10. If selected, host focus groups conducted by NRPA staff at one or more of your sites to include program participants, parents /caregivers, and staff. 11. Participate in occasional conference calls with NRPA and other grantees, as requested. 12. If requested, participate in a phone interview with NRPA and a consultant to share information on your successes, challenges, and lessons learned. Your information will be compiled into a case study publication which NRPA will produce as part of this initiative. 13. Share success stories, press releases, photos, videos, quotes, local media and other outreach information highlighting the impact of the grant throughout the grant period. (Please forward to Allison Colman at acolman @nrpa.org) 14. Submit a final report by January 15, 2017 using an online survey tool provided by NRPA. This report will collect information, such as the number of healthy meals served and the number of children who participated in your out -of- school time programs. It will also collect information on how the grant funds were spent. Termination for Cause: Either party shall have the right to terminate this MOU for cause if the other party (i) materially breaches its obligations and agreements hereunder, or (ii) commits and /or demonstrates gross neglect in the conduct of its duties hereunder. In addition, NRPA retains the right to terminate this MOU, upon written notice, if it determines xif National Recreation v and Park Association that continued affiliation with your agency is inconsistent with its mission and /or adversely affects its reputation. In order to terminate this MOU for cause, and as a condition to exercising such right to terminate for cause, a party shall give the other party thirty (30) days' prior written notice of such intention to terminate, specifying in detail the grounds or reasons for such termination for cause. Following any notice of termination for cause, the receiving party shall be permitted a reasonable opportunity to cure such claimed cause to the reasonable satisfaction of the other party. Please acknowledge your agreement to the terms above by signing below. Upon receipt of this signed form, your agency's W -9, and NRPA's verification that your Commit to Health pledges and Healthy Out -of- School Time Assessments and Action Plans have been completed, a check will be issued for your grant funds minus $5000 that will be disbursed upon completion of all grant requirements. Name of Agency Primary Point of Contact Signature Email for Primary Contact Printed Name EIN Number Telephone for Primary Contact Once signed, please scan and e-mail to Allison Colman, Program Manager, at acolman(a),nma.oro. Please do not hesitate to contact Allison directly at (703) 858 -2156 should you have any questions. Sincerely, Rebecca Wickline Vice President, Business Development CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'I'dephone: (540) 853 -2541 Fns: (540) 853 -1145 S I'EPIIANIE M. MOON REYNOLDS, MMC E -mail: ticr CECELIA F. MCCOY City Clark Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk April 19, 2016 Tammy Britt 502 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Britt: Your request for a continuance in connection with your Petition for Appeal filed by Tammy Britt appealing a decision of the Architectural Review Board denying her request to replace an existing metal shingle roof with Oakridge architectural shingles at 418 Washington Avenue, S. W., was before the Council of the City of Roanoke at its regular meeting held on Monday, April 18, 2016. On motion, duly seconded and adopted Council concurred in the request to continue the matter until Monday, May 16, 2016 at 7:00 p.m. in the Council Chamber. Sincerely, y� I n Stephanie M. Moon Reynolds, MMC City Clerk c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Wayne Leftwich, AICP, Senior City Planner Parviz Moosavi, City Planner II Tina Carr, Secretary, Architectural Review Board d� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Cknrc6 Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relepka¢: (5411)851 -2541 F..: (541)853 -1145 81 LPHANIE M. MOON REYNOLDS, MMC le-nui6 dr,k(uunuunk,e..auv CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC AWAnut Deputy Ch, Clerk April 19, 2016 Barney Horrell, Agent Brushy Mountain Engineering, PLLC 3553 Carvins Cove Road Salem, Virginia 24153 Dear Mr. Horrell: I am enclosing copy of Ordinance No. 40480- 041816 rezoning property located in the 3300 block of Salem Turnpike, N.W., designated as Official Tax Map No. 2640351, by repealing Ordinance No. 31444 - 051793 adopted May 17, 1993, to the extent it placed certain conditions on the subject property, as set forth in Zoning Amendment Application dated February 26, 2016, so that the subject property is zoned 1 -1, Light Industrial District, without proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, ry / Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Barney Hornell, Agent April 19, 2016 Page 2 Richard D. Moses, President, Contractors & Industrial Supply, Inc., 3304 Salem Turnpike, N. W., Roanoke, Virginia 24017 Valley Center, LLC, P. O. Box 233, Daleville, Virginia 24083 The Rosenberg Family Fund, LP, 307 Brook Park Place, Forest, Virginia 24551 F. V. Cemetery Company, Inc., P. O. Box 6231, Roanoke, Virginia 24017 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Jillian Moore, Zoning Administrator Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission H� IN'I'l IE COUNCI[, OR'fIIH CI'l'Y OI� ROANOI<li, VIRGINIA The 18th day of April, 2016. No. 40480 - 041816. AN ORDINANCE to rezone certain property located on the 3300 block of Salem " Curnpike, N.W., bearing Official Tax Map No. 2640351, by repealing Ordinance No. 31444- 051793, adopted May 17, 1993, to the extent that it placed conditions on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Richard D. Moses, on behalf of Contractors & industrial Supply, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal Ordinance No. 31444- 051793, adopted May 17, 1993, to the extent that it placed certain conditions on property located on the 3300 block of Salem Turnpike, N.W., bearing Official Tax Map No. 2640351; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2016, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended„ at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 31444 - 051793, adopted May 17, 1993, to the extent it placed certain conditions on property located on the 3300 block of Salem Turnpike, N.W., bearing Official Tax Map No. 2640351; and is of the opinion that the conditions now binding upon the subject propemly, should be repealed as requested, and that such properties be zoned I -t, Light Industrial District, without conditions, as set forth in the Zoning Amendment Application dated Febniary 26, 2016. Tl IEREFORE, t3E IT ORDAINED by the Council of the City of Roanoke that: Ordinance No. 31444 - 051793, adopted May 17, 1993, to the extent it placed certain conditions on property located on the 3300 block of Salem Turnpike, N.W., bearing Official Tax Map No. 2640351, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. 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 the relief sought in the Zoning Amendment Application dated February 26, 2016, so that the subject property is zoned 1 -I, Light Industrial District, without proffers. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �r City Clerk 2?�t "t4tL k� 0 Meeting: April 18, 2016 Subject: Application by Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351. Recommendation The Planning Commission held a public hearing on Monday, April 11, 2016. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Peter's Creek South Neighborhood Plan, and Zoning Ordinance as it repeals conditions on the property to allow uses appropriate to the surrounding neighborhood. Application Information Request: Repeal of Proffered Conditions Owner: Richard D. Moses, Contractor's & Industrial Supply, Inc. Applicant: N/A Authorized Agent: Barney Horrell, Brushy Mountain Engineering, PLLC City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 0 Salem Turnpike, NW (3300 Block) Official Tax No.: 2640351 Site Area: Approximately 28,000 square feet Existing Zoning: 1 -1, Light Industrial District, a portion with conditions Propose Zoning: 1 -1, Light Industrial District Existing Land Use: Vacant Proposed Land Use: Building Supplies and Materials, Wholesale and Retail Neighborhood Plan: Peter's Creek South Neighborhood Plan Specified Future Land Use: Industrial Filing Date: Original Application: February 19, 2016 Background The property at 0 Salem Turnpike, N.W., bearing Official Tax No. 2640351 in the 3300 block, has long been vacant. In 1993, the northwest portion of the property along with a portion of the adjacent property to the west was rezoned from LM, Light Manufacturing District, to C -2, General Commercial District, with conditions, to allow the property to be used for an indoor recreation use. In the 2005 Comprehensive Rezoning of the City, the portions of the parcels rezoned with conditions in 1993 were rezoned to I -1, Light Industrial District, but the conditions remained. Contractors & Industrial Supply, Inc. has operated since 1997 on the adjacent parcel to the east at 3405 Salem Turnpike, N.W. They have grown over the past twenty years and have outgrown their existing headquarters building. They purchased this property in 2012 for the purpose of creating a new and larger headquarters, but the existing proffered conditions on the northwestern corner portion of the site do not allow them to develop the property as proposed. In February 2016, the Applicant filed an application to repeal the proffered conditions from 1993. Conditions Requested To Be Repealed by the Applicant The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 31444-051793 be repealed as they pertain to Official Tax No. 2640351: 1. That the property will be developed in substantial conformity with the site plan dated January 11, 1993, a copy of which is attached to the Petition for Rezoning as Exhibit "C," subject to any changes required by the City during site plan review. 2. That the subject property requested for rezoning will be used for indoor recreational uses including bingo. 3. That at the expiration of ten years from the effective date of the City ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revert from C -2, General Commercial District, to LM, Light Manufacturing District, without any further action required of City Council. 4. Furthermore, at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: 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. The repeal of proffered conditions will allow new development subject to the dimensional standards of the 1 -1 district for any future changes. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Peter's Creek South Neighborhood Plan identify the need for development of existing industrial properties within existing industrial zoning districts. The repeal of proffered conditions will return the property to a non - conditional industrial zoning state that will allow for the property to be fully developed Relevant Vision 2001 -2020 policies: • ED PS. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. Relevant Peter's Creek South Neighborhood Plan Policies: Community Design Discussion Most industrial uses are located along Shenandoah Avenue and Salem Turnpike. Parts of this industrially -zoned area are either undeveloped or under developed. Zoning District Land Use North ROS, Recreation and Open Space District Cemetery South 1 -1, Light Industrial District Vacant and Building Supplies and Materials Wholesale East 1 -1, Light Industrial District Building Supplies and Materials, Wholesale and Retail West 1 -1, Light Industrial District (with Vacant conditions on northeastern onion) Compliance with the Zoning Ordinance: 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. The repeal of proffered conditions will allow new development subject to the dimensional standards of the 1 -1 district for any future changes. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Peter's Creek South Neighborhood Plan identify the need for development of existing industrial properties within existing industrial zoning districts. The repeal of proffered conditions will return the property to a non - conditional industrial zoning state that will allow for the property to be fully developed Relevant Vision 2001 -2020 policies: • ED PS. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. Relevant Peter's Creek South Neighborhood Plan Policies: Community Design Discussion Most industrial uses are located along Shenandoah Avenue and Salem Turnpike. Parts of this industrially -zoned area are either undeveloped or under developed. The use of the properties in the 3300 block of Salem Turnpike, N.W., has long been one of an industrial nature. The area is shown as an industrial area from the time that it appears as a portion of the City of Roanoke in the 1966 Zoning Map. The 1993 rezoning with conditions to allow an indoor recreation use for ten years was an exception to the typical industrial designation allowed in the area. Now, a new owner proposes to put the vacant property into service as their company headquarters through the repeal of the existing conditions. The future land use map in the neighborhood plan agrees that the property should be used for industrial use. Therefore, the proffered conditions should be removed. Public Comments None. Planninq Commission Work Session: None. Planning Commission Public Hearing: None. 6C &4,�/45rc James E. Smith, Acting 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 Richard D. Moses, Contractor's & Industrial Supply, Inc. Barney Horrell, Brushy Mountain Engineering, PLLC Zoning Amendment Amendment MAWR Applicatign '"'VED iIi i Department of Manning, Building and Development ( FE!.: 9 2016 ROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. C > ,0KE Roanoke, Virginia 24011 PLAVnw6 BUILDING & Click Here to Print Phone: (540) 853 -1730 Fax: (540) 853 -1230 DEVELOPMENT Date: February 26,2016 ❑ Rezoning, Not Otherwise Listed Submittal Number Original Application ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District U Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: not yet assigned (3300 block of Salem Turnpike NW, Roanoke, VA 24017) Official Tax Nola).: z64o35t Existing Base Zoning: Zx With Conditions (If multiple zones, please manually enter all districts.) I -1, Light Industdal ❑ Without Conditions Ordinance No(s).for Existing Conditions (If applicable): at44aast793 R nested Zoni Ia, Li h[Indus[rial 9 ❑ With Conditions Proposed Warehouse, Retail ❑ Without Conditions Lard Use: Name. Richard D. Moses, President - Contractors & Industrial Supply,lnc. Phone Number. +1 (S0o)s6 &9746 Address; 3304 Salem Turnpike NW, Roanoke, VA 24017 E -Mail: pete"o2cis<om Ad 4? -L---) 1�, y1,1 —S.z z b' , , ✓.,fir Property Owners Signature: "MW Witl [a Wjwil i Name: Phone Number. Address: E -Mail: Applicants Signature. Name: Gamey Hornell, Brushy Mountain Engineering, PLLC Phone Number. +t (540) 526.6800 Ad�res/s� 3553 Cats' s C e Road, Salem, VA 24153 E -Mail: bameytabru,hymtnengccom /�� 0Z2 &-Zoft' Authorized Agents Signature, Zoning Amendment Application Checklist r 'Thefar ROANOKE fx Completedapplicetion form and checklist. r Written narrative explaining the reason for the request. Fx Metes and bounds description, if applicable. r Filing fee. For a taionlap Kot'oihenfiai ffaled ,ate 1olfrAViag must 8190 fie submitted; F- Concept plan meeting the Application Requirements of bm'2(c)' in Zoning Amendment Procedures. For a Oc! ¢ bip, it fd W1W must a& be ssdnl bij: r Written proffers. See the Citys Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered, For s plmned uric dawkpmant, she%ifcwing must also be su6nutted: r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a �o a- medaY fldr&a' die n8 must be su&tillPaiij F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an ankiWiniut oipio�elad coo ns the toHowirg must sibe a(i5 —riiHe& r Amended development or concept plan meeting the Application Requirements of Item '2(c)' in Zoning Amendment Procedures, If applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. V Copy of previously adopted Ordinance. F61' a pra'ingA 111W& 2Topeent amelidlftettt 5ie Naming must afro be suWmtted r Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. r Copy of previously adopted Ordinance. 'fora CAIfIF# —n AM40 Y8p'Iiad111M f9te Nwing must abo be9ubnttW; r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. Fora prppaeai"gbat'regt+sesatralik ,_ -be sib" x'�dhr r A Traffic Impact Study in compliance with Appendix &2(e) of the C9y's Zoning Ordinance. Fa a propoeas drat tegtiuea a fralfic "d ainNjisfs be sudnilked b:VDOT, IeTo�O ttrtp rn Hsu be° F- Coversheet. r Traffic Impact analysis. F Conceptplan. r Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www.manokeva.govlpbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. PROJECT NARRATIVE Contractors & Industrial Supply, Inc. has been operating in Roanoke since 1984. In 1997 it moved from 1805 Shenandoah Avenue to its current location at 3304 Salem Turnpike NW. Today Contractors & Industrial Supply has distribution warehouses in Virginia and North Carolina but Roanoke remains the hometown of the corporate headquarters. The current headquarters has 10 -12 employees with a small retail showroom, warehouse space, and several offices. After nearly 20 years in its current location the company space needs have grown beyond the limits or its current facility. Wishing to remain in Roanoke, the company purchased the vacant lot immediately west of its current building with the intent to construct a new, larger stand alone facility. The new facility will allow the company to add a few more employees and more efficiently warehouse its products. The existing facility will be sold or used for lease space. The vacant lot to the west (Tax # 2640351) is currently zoned Industrial (I -1) but a portion of the lot has proffered conditions which limit the usage of the property. The attached application requests the repeal of these proffered conditions so that the applicant may move forward with the construction of a new single story 180'x 100' metal building in compliance with the Industrial zoning of the property. Again the planned use conforms to the underlying Industrial (1 -1) zoning. The new facility is also in line with the Comprehensive Plan and the Neighborhood Plan which has this area slated to remain as industrial type uses. In a prior rezoning petition riled April 14, 1997, a previous land owner proffered several conditions on a portion of the site in return for a temporary rezoning to allow for an indoor recreation use. Ordinance 31444 -051793adopted by City Council on May 17, 1993 granted a temporary (10 year term) rezoning of a portion of the properties identified as Tax # 2640351 and Tax # 2640311 from Light Manufacturing (LM) to General Commercial (C -2) subject to four proffered conditions. At the 10-year anniversary of the adoption of the above Ordinance, the property zoning was to revert to LM without further action by the Council. The property was never developed as planned and remains undeveloped to this day. The 10-year date has passed and the property is now technically reverted to the LM zoning which is now classified as Industrial (I -1). In order to ensure all previous zoning and proffered conditions no longer apply to the portion of the property identified as Tax # 2640351, the new property owner, Contractors & Industrial Supply, Inc. is herein requesting that City Council take formal action to remove all four of the previously proffered conditions from the property. This will leave the property zoned Industrial (1 -1) and make it subject only to the development regulations of I -1 zoning. The current preliminary development plan includes a rectangular metal building with customer parking in front of the building and employee parking along the west side. Truck docks in one comer will facilitate the easy distribution of supplies and products to customers and the other warehouse locations. Two new access driveways will be constructed onto Salem Turnpike NW. The western drive will be the primary access for employees and the public. The eastern drive will serve as the truck exit. The proposed building setbacks and parking lot design will comply with the Industrial (1 -1) zoning regulations. The new site development will also comply with the latest stormwater regulations with some manner of detention and treatment BMP's in the southern portion of the property. By granting this request to repeal the proffered conditions on a portion of Tax No. 264 -0351, the City Council will allow Contractors & Industrial Supply, Inc. to continue growing and contributing to the economy of the City of Roanoke. Proffered Conditions to be Repealed The applicant hereby requests that the following Proffered conditions enacted by Ordinance No. 31444 - 051793 be repealed as they pertain to Official Tax No. 2640351: 1. That the property will be developed in substantial cot forndty with the site plan dated January 11, 1993, a copy of which is attached to the Petition for Rezoning as Exhibit "C, " subject to any changes required by the City during site plan review. 2. That the subject property requested far rezoning will be used for indoor recreational uses including bingo. 3. That at the expiration of ten years fron the effective date of the City ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revertfrom C -2, General Commercial District, to LM, Light Manufacturing District, without any farther action required of City Council. 4. Furlhennore, at the expiration of ten years front the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. i_ 'I '3 p � s Iz n z rc i� w J i Q y 4 � � o Z � � ti �i � q ' a Y K J f N ONI'Addns IW SnGNI 9 Sd013V 1N0 •• rvie.rvnow nnonne N 1 N b N d inOAtl131I5 ivmd30 CITY OF ROANOKE OFFICE OFTHE CITY CLERK 215 ChurchAmue, B.W., Room456 Roanoke, Vlr0&24011 TNephom: (703) 991 -2541 MARY F. PARKER SANDRA H. EAIDN Ckt Ctak, CMC/AAE DquaydryClerk May 21, 1993 File #51 Mr. W. H. Fralin, Attorney Jolly, Plaee, Fralln and Prillaman, P.C. 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Freda: I am enclosing copy of Ordinance No. 31444 - 051793 rezoning a tract of land lying on the south side of Salem Turnpike, N. W.. being the northeasterly 199 feet, more or less, of Official Tax No. 2640311, the westerly 84 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more or less, said tract Containing 2.00 acres, from LM, Light Manufacturing District, to C -2, General Commercial District, subject to certain proffered conditions. Ordinance No. 31444- 051793 was adopted by the Council of the City of Roanoke on first reading on Monday, May 10, 1993, also adopted by the Council on second reading on Monday, May 17, 1993, and will take effect ten days following the date of its second reeding. Sincerely, Mary F. Parker, CMC /AAE City Clerk MFP:sm Enc. PC: Mr. Laurence E. Causey, General Partner, H & C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017 Ms. Maude P. Bolling, 3611 New Spring Branch Road, S. E., Roanoke, Virginia 24014 Mr. Alexander N. Apostolou, at als, P. O. Box 1855, Roanoke, Virginia 24008 Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. W. H. Fralin, Attorney May 21, 1993 Page 2 pc: Mr. Steven J. Talevl, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner /Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1993. No. 31444- 051793. AN ORDINANCE to amend 536.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet .No. 264, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C -2, General Commercial District; subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 536.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 10, 1993, after due and timely notice thereof as required by S36.1 -693, 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 the Council by the Planning Commission, the City,s Comprehensive Plan, and the matters f presented at the public hearing, Is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that 536.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 264 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying on the south side of Salem Turnpike, N.W., and being the northeasterly 166 feet, more or less, of Official Tax No. 2640311, and the westerly 04 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, said tract containing 2.00 acres, as being designated on Sheet No. 264 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from LM, Light Manufacturing District, to C -2, General Commercial District, subject to those conditions proffered by and set forth in the Petition filed in the Office of the City Clerk on April 14, 1993, and that Sheet No. 264 of the Zone Map be changed in this respect. ATTEST: City Clerk. way. .wnwio �nr. 93 n - f+ocndle GN Rwnug Cortmlsslon May 10, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Request from H & C Partnership represented by W. H. Fralin, attorney, that a 166, x 350' portion of Property located on Salem Turnpike, N. W., designated as a portion of Official Tax No. 2640311 and a 84' x 3501 portion of property located on Salem Turnpike, N. W., designated as a portion of Official Tax No. 2640351, be rezoned from LM, Light Manufacturing District, to C -2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 1. Background: A. Purpose of the request is to allow the property to be used for indoor recreational purposes. B. Original get +t +on to rezone larger tract including adjoining property comprising approximately five (5) acres, designated as official Tax MOs. 2650361 and 2640316, and the northeasterly portion of Tax No. 2640311 was considered by the Planning Commission on February 5, 1993. Recommendation to deny was made by the Planning Commission for the following reasons: (1) site is suitable for industrial development and is adequately buffered from surrounding land uses; (2) City needs to preserve its viable LM zoned areas; and (3) rezoning the tract to commercial in the middle of an industrially zoned area would be inappropriate. C. amend doe i 'on to rezone was considered by the Planning Commission at the April 7, 1993, regular meeting of the Commission. The following concerns were expressed by staff and Commission members: (1) proffers may not be enforceable due to their vagueness; (2) rezoning may constitute illegal "spot zoning "; (3) the Commission and the city should not be asked to make a decision regarding a rezoning based on some action that would happen in the future; (4) the rezoning involved an excessive amount of Pb 355 h IOPd alddN 215 Clvdi Av . 5 W Poorp,e. V,94o 24011 1703) gal 23" Mayor and Members of Council Page 2 street frontage on Shenandoah Avenue for commercial development; (5) the rezoning was not consistent with the City's comprehensive Plan; and (6) splitting an existing structure between two zoning districts was not consistent with good zoning practice and would be difficult to enforce. The Planning Commission recommended denial of the amended application. The application was withdrawn on April 15, 1993, D. New Petition to rezone was filed on April 14, 1993. The following conditions were proffered by the petitioner: 1. That the property will be developed in substantial conformity with the site plan dated January 11, 1993, a copy of which is attached to the Petition for Rezoning as Exhibit "C," subject to any changes required by the City during site plan review. 2. That the subject property requested for rezoning will be used for indoor recreational uses including bingo. 3. That at the expiration of ten years from the effective date of the City ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General commercial District, the property will automatically revert from C -2, General Commercial District, to LM, Light Manufacturing District, without any further action required of city Council. 4. Furthermore, at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. NOW petition and proffers are an attempt by the Petitioners to address a number of the concerns and issues associated with the original petition outlined previously. E. 8ubi t n ou0* is located in an area that was designated as an is Enterprize Zone in 1984. The Purpose of this "overlay" zone is to encourage new businesses and industries to locate in appropriately zoned inner -city areas by offering substantial tax credits and service improvements. Mayor and Members of Council Page 3 F. Planning Com 'scion publig hearing was held on Wednesday, May 5, 1993. Mr. Alton Prilliman attorney and partner of Mr. Heywood Fralin, attorney, appeared before the Commission on behalf of the petitioner. Mr. Prilliman informed the Commission that a new petition had been filed for the subject property addressing the issues and concerns raised at the last public hearing. He then summarized the points set forth in the new petition, particularly the size of the parcel requested for rezoning and the two (2) proffers regarding the reversion of the proposed zoning back to the LM District. Mr. Prilliman concluded his remarks by informing the Commission that he would he happy to address any questions the members may have. Mr. Marlles gave the staff report on the requested rezoning. He stated that although staff recognized the efforts that had been made by the petitioner to address the concerns expressed by staff and the Commission, staff was still recommending denial on the basis that the rezoning was not in conformity with the City's comprehensive plan and was not consistent with good land use and zoning practice. No one from the audience appeared to speak in favor or in Opposition to the request. II. Issues• Zoning of the subject property is LM, Light Manufacturing District. The zoning pattern in the area, predominantly ai man fR + , is as follows: to the west, east aht nd south is LM, Light Manufacturing District; to the north, across Salem Turnpike, are HM -1 and RM -2, Manufacturing- District. if approved, the requested rezoning will divide an existing structure by the Proposed zoning district boundary line. The area requested for rezoning (2.01 acres) is significantly less than the area requested for rezoning in the original petition (± 5 acres) and would involve substantially less street frontage on Salem Turnpike. Land use of the subject property is a vacant industrial building and recently constructed addition. The surrounding land use is predominantly industrial, single family and multifamily uses exist across Salem Turnpike to the west and north; a large cemetery is located to the north; a trucking terminal to the south and several parcels of vacant, undeveloped land to the east. Access to the property is provided by the adjoining Mayor and Members of Council Page 4 public street, Salem Turnpike. The City Traffic Engineer has stated that there are no plans currently proposed for widening or any other related improvements to Salem Turnpike. The Peters Creek Road extension project (currently under design) is located approximately 1 mile from this property and will increase accessibility to the site. D. Industrial land has been identified as a valuable economic asset in the City and should be protected. The City's Office of Economic Development and the Roanoke Valley Economic Development Partnership have initiated a number of public and private economic development efforts to promote industrial /manufacturing site development, including this particular site. strategies have been developed to focus on completing existing developments and to market available areas suitable for industrial development. Although the current request involves significantly less area than the previous rezoning request, it would still remove viable industrially zoned land from the city's existing inventory and possibly would encourage additional rezoning requests in the area. E. Comprehensive Plan recommends that: 1. New industries, which provide jobs and add to the City tax base, should be encouraged to develop on appropriate sites; 2. other uses of limited, undeveloped industrial land be discouraged; 3. Appropriately zoned development in the Urban Enterprise Zone be promoted; 4. New strip commercial development, speculative development and land use conflicts be discouraged. III. Alternatives: A. Ci +v council approve the rezoning request. 1• ZOnina would become conditional, C -2, General commercial District. A recently constructed portion of an existing industrial type building, a vacant, undeveloped lot would be zoned for commercial indoor recreational activities. Possible illegal "spot zoning" may occur. Viable industrially zoned land would be removed from the Mayor and Members of Council Page 5 City's existing inventory. 2. Land use would become commercial indoor recreational activities as previously described. Surrounding land uses, on adjoining properties, would be of an industrial type nature. Approval of the rezoning request would permit commercial uses in the middle of an established industrial area. 3. Access to the subject property would continue to be provided by the adjoining public street, Salem Turnpike. The City Traffic Engineer has stated that traffic generated by the proposed commercial activities would have minimal impact on Salem Turnpike. 4. Industrial area would be negatively affected by the proposed rezoning of an existing industrial type building and recent addition. Rezoning the subject property to commercial would create a disincentive for future industrial development and investment in this area by the interjection of non - supportive commercial uses as proposed. 5. Comprehensive Plan issues as set forth would not be followed. city Council deny the rezoning request. 1. Zonina would remain LM, Light Manufacturing District. The area would remain available for new or infill industrial development or redevelopment. 2. Lan_ d use would remain as is currently developed with the possibility of new or existing industries relocating, expanding or developing in this area. 3. Access to and from the subject property would not be an issue. 4. Industrial area would be protected. The property proposed for rezoning is a viable area for industrial development and redevelopment. This has been demonstrated by the fact that over the past 3 years, the City's office of Economic Development has assembled S acres of undeveloped, industrially zoned land in the area to promote and facilitate new industrial development. Rezoning of the property to permit general commercial uses would adversely affect the potential for new industrial development or the redevelopment of existing Mayor and Members of Council Page 6 industrial sites in this area. Comprehensive Plan issues as set forth would be followed. Ths subject property is located within an Urban Enterprise Zone which has been set up to promote and facilitate industrial development in this section of the City. The Planning Commission, by a voted of 4 -1 (Mr. Price absent, Mr. Ferguson resigned and Mrs. Duerk voting in opposition), recommended _.ApDrgyAj of the requested rezoning finding that under the present circumstances and the new proffers as set forth in the April 14, 1993 petition, that the petitioner has the right to use this portion of his industrially -zoned land for commercial indoor recreational uses (bingo operation) for an interim time period until the demands for new industrial development occurs in that area. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf Attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner /Zoning Administrator Attorney for the Petitioner MARY F. PAAIOR QIYCkrk, CMGAAE © C MY OF ROANOKE OFFICE OF THE CITY CLERK 315 Church AYmuq S.W., Rucrm 456 Romoke, Vh,We 7,4011 Tdephane: pm) 991.2441 April-25, 1993 File 451 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: SANDRA IL EAMN n,paYQYCkrk Pursuant to Section 38.1- 890(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from W. H. Fralin, Attorney, representing H k C Partnership requesting that a tract of lend located on Salem Turnpike, N. W„ containing 2,00 acres, more or less, being the northeasterly 166 feet, more or less, of property described as Official Tex No. 2840311, and the westerly 84 feet, more or lase, of Official Tax No. 2840351, be rezoned from LM, Light Manufacturing District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC /AAE City Clerk MFP:am r /HC Enc. PC; be Honorable Mayor and Members of the Roanoke City Council . John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner /Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Prillaman, P.C., 3912 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Laurence E. Causey, General Partner, H k C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017 Y.l' • 9 • ' V; Mq v 4 • • . . G '93 ' In REl Rezoning a tract of land lying on ) the South side of Salem Turnpike MW ) and being a northeasterly 166 feet, ) more or 1888, of Tax Map 12640311; ) PETITION a westerly 84 feet, more or less ) TO of Tax Map 02640351 and extending back ) REZONE between parallel lines 350 feet, more ) or lase, all as more particularly ) described on the attached Exhibit "A- ) TO THE MONORSBLE MAYOR AND MEMBERS 07 THE COUNCIL OF THE CITY OF ROANOEEi The Petitioner, M 6 C Partnership owns land in the City of Roanoke containing 2.00 acres, more or lase, located on Salem Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166 feet, more or less, of Tax Map #2640311; a westerly 84 feet, more or less, of Tax Map 02640351 and extending back between parallel lines 350 feet, more or less. Said tracts are currently zoned LM, Light Manufacturing District. A Map of the property to be rezoned is attached as Exhibit aB.^ Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner request that the said property be rezoned from LM, Light Manufacturing District to C -2, General Commercial District, subject to certain conditions set forth below, for the purpose of allowing the property to be used for indoor recreation purposes. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1) That the property will be developed in substantial conformity with the site plan dated January 11, 1993 a copy of which is attached to the Petition for Rezoning as Exhibit ^C, 11 subject to any changes required by the City during site plan review. , 2) That the subject property requested for rezoning will be used for indoor recreational uses including bingo. 3') That at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revert from C -2, General Commercial District, to LM, Light Manufacturing District, without any further action required of City Council. 4) Furthermore, at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. The Petitioner believes that the requested rezoning is more in conformance with the surrounding area uses than the comprehensive plan which calls for the property to be used for the purposes of light manufacturing activities. 0 0 The Petitioner believes the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning ordinance and will enhance its comprehensive plan, in that it will be in the best interest of the City in promoting economic development within the community. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and' immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner request that the above - described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day April 13, 1993. Respectfully submitted, R & C PARTNERSHIP, a general partnership �j By l �l -U& �. \. (il an— General Partner 3345 Salem Turnpike, NW Roanoke, VA 24017 JOLLY, PLACE, FRALIN & PRILIMAN, P.C. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 703/959 -0000 0 0 Schedule A All that certain tract or parcel of land containing 2.00 acres, more or less, lying on the South side of Salem Turnpike NW and being a northeasterly 166 feet, more or less, of Tax Map (2640311; a westerly 64 feet, more or less, of Tax Map if2640351 and extending back between parallel lines 350 feet, more or less. C ) �XNIBIT_ ".O � b O, I mmilln I! 33sPaccc I`I I�I I I I i t I LI !. O_ fy r n a i i 2 i III l II�IIII!Ih� I III! IlllIll lll!!!I II 0 J wCY w ° — • iw RoTFs : 5-ale. — 1"2&,0' Area. — 2.01 acres r arcs ouHi;va s 9 50' if 350 o EXHIBIT "Da Tax May No. 2520127 Maude P. Bolling 3611 New Spring Branch Road, S.E. Roanoke, VA 24014 Tax Nap, Noe. 2640349/26.40326 Alexander N. Apostolou, at als P.O. Box 1855 Roanoke, VA 24008 Tax HAD No. 2650102 Fairview Cemetery Co., Inc. P.O. Box 6231 Roanoke, VA 24017 Tax Map No. 2640316 RV Properties P.O. Box 6354 Roanoke, VA 24017 ��Cy�RI'�1 1111���d1� `wj a ^� � ,rM+a '•r . ;ya`.W � ass•. �;.� . - _•� +.�_, _. ss � • e vi -. f Y. c c. S_ .'a yr• ..�,/'��:.,: -� -< ' X. �. r•� F F 1 G ur 1.{ f-� e G® cd"7 N r ♦s v MK I PPI fit c RM-1 265 mSALrM`s'�—TURNPIKE :u e � LN zwo�oy „ nun 3 uaa I , 16 }p3S/ z ev ,o :.Od38 n.c. 2640]0 / I 1LI0349 i iV q. 161032 6 PROPOSED . /_c t n _ _ aaa k i.1 D6J1 r� 2640603 1610f 01 c_ G 16403/4 Zia 4e 10 V a �' 265 ii ly,f J L -f1 �VB � xrvxu F jjf t74 211f Ar refl : 5 IL—yp� a "'IT ,ca ! m.enp e , •er, - -_ PR 0I�ASIeI) � �O1 \III \� 12 (� rti _ ^� 4 - J �.•2 tllrCtl • I 11 p 7 May 5, 1993 Mr. Charles A. Price, Jr., chairman and Members of the Planning Commission Roanoke, virginia Dear Members of the Commission: Subject: Request from H & C Partnership represented by W. H. Fralin, attorney, that a 166' x 3501 portion of property located on Salem Turnpike, N. W., designated as a portion of Official Tax No. 2640311 and a 84' x 3501 portion of property located on Salem Turnpike, N. W., designated as a portion of Official Tax No. 2640351, be rezoned from IN, Light Manufacturing District, to C -2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Rackaround: A. Purpose of the request is to allow the property to be used for indoor recreational purposes. S. oricins� me i ion to rezone larger tract including adjoining property comprising approximately five (5) acres, designated as Official Tax Nos. 2650361 and 2640316, and the northeasterly portion of Tax No. 2640311 was considered by the Planning commission on February 5, 1993. Recommendation to deny was made by the Planning Commission for the following reasons: (1) site is suitable for industrial development and is adequately buffered from surrounding land uses; (2) City needs to preserve its viable LN zoned areas; and (3) rezoning the tract to commercial in the middle of an industrially zoned area would be inappropriate. C. Amended petition to rezone was considered by the Planning Commission at the April 7, 1993, regular meeting of the Commission. The following concerns were expressed by staff and commission members: (1) proffers may not be enforceable due to their vagueness; (2) rezoning may constitute illegal -spot zoning"; (3) the Commission and the City should not be asked to make a decision regarding a rezoning based on some action that would happen in the future; (4) the rezoning involved an excessive amount of noon355 �w;NMbg 2150wr3hmq 5Wftwdwv.ga 24011 (703)96123" Members of the Commission Page 2 street frontage on Shenandoah Avenue for commercial development; (5) the rezoning was not consistent with the City's comprehensive Plan; and (c) splitting an existing structure between two zoning districts was not consistent with good zoning practice and would be difficult to enforce. The Planning Commission recommended denial of the amended application. The application was withdrawn on April 15, 1993. New Petition to rezone was filed on April 14, 1993. The following conditions were proffered by the petitioner: 1. That the property will be developed in substantial conformity with the site plan dated January 11, 1993, a copy of which is attached to the Petition for Rezoning as Exhibit °C,11 subject to any changes required by the City during site plan review. 2. That the subject property requested for rezoning will be used for indoor recreational uses including bingo. That at the expiration of ten years from the effective date of the City ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revert from C -2, General commercial District, to LM, Light Manufacturing District, without any further action required of City Council. 4. Furthermore, at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light manufacturing District. New petition and proffers are an attempt by the petitioners to address a number of the concerns and issues associated with the original petition outlined previously. E. Subiect mrTr* is located in an area that was designated as an Urban Enterprize Zone in 1984. The purpose of this "overlay" zone is to encourage new businesses and industries to locate in appropriately zoned inner -city areas by offering substantial tax credits and service improvements. Members of the Commission Page 7 II. Issues: Zonino of the subject property is LM, Light Manufacturing District. The zoning pattern in the area, predominantly light manufacturing, is as follows: to the vast, east and south is LM, Light Manufacturing District; to the north, across Salem Turnpike, are RM -1 and RM -2, Manufacturing District. If approved, the requested rezoning will divide an existing structure by the proposed zoning district boundary line. The area requested for rezoning (2.01 acres) is significantly less than the area requested for rezoning in the original petition (t 8 acres) and would involve substantially less street frontage on Salem Turnpike. Land use of the subject property is a vacant industrial building and recently constructed addition. The surrounding land use is predominantly industrial, single family and multifamily uses exist across Salem Turnpike to the west and north; a large cemetery is located to the north; a trucking terminal to the south and several parcels of vacant, undeveloped land to the east. C. Access to the property is provided by the adjoining public street, Salem Turnpike. The City Traffic Engineer has stated that there are no plans currently proposed for widening or any other related improvements to Salem Turnpike. The Peters Creek Road extension project (currently under design) is located approximately 1 mile from this property and will increase accessibility to the site. Industrial land has been identified as a valuable economic asset in the City and should be protected. The City's Office of Economic Development and the Roanoke Valley Economic Development Partnership have initiated a number of public and private economic development efforts to promote industrial /manufacturing site development, including this particular site. Strategies have been developed to focus on completing existing developments and to market available areas suitable for industrial development. Although the current request involves significantly less area than the previous rezoning request, it would still remove viable industrially zoned land from the city's existing inventory and possibly would encourage additional rezoning requests in the area. Members of the Commission Page 4 E. Comprehensive Plan recommends that: 1. New industries, which provide jobs and add to the City tax base, should be encouraged to develop on appropriate sites; 2. Other uses of limited, undeveloped industrial land be discouraged; 3. Appropriately zoned development in the Urban Enterprise Zone be promoted; 4. New strip commercial development, speculative development and land use conflicts be discouraged. III. Alternatives: A. Planning Commission recommend den+al of the rezoning request. 2. Zoning would remain IN, Light Manufacturing District. The area would remain available for new or infill industrial development or redevelopment. 2. Land use would remain as is currently developed with the possibility of new or existing industries relocating, expanding or developing in this area. 3. Access to and from the subject property would not be an issue. 4. Industrial area would be presented and protected. The property proposed for rezoning is a viable area for industrial development and redevelopment. This has been demonstrated by the fact that over the Past 3 years, the City's Office of Economic Development has assembled a acres of undeveloped, industrially zoned land in the area to promote and facilitate new industrial development. Rezoning of the property to permit general commercial uses would adversely affect the potential for new industrial development or the redevelopment of existing industrial sites in this area. 5. CMWXAWe ^.s;�v,APlan issues as set forth would be followed. The subject property is located within an Urban Enterprise Zone which has been set up to promote and facilitate industrial development in this section of the City. Members of the Commission Page 5 B. Planning Commission recommends aonroval of the rezoning request. 1. Zoning would become conditional, C -2, General Commercial District. A recently constructed portion of an existing industrial type building, a vacant, undeveloped lot would be zoned for commercial indoor recreational activities. Possible illegal "spot zoning" may occur. Viable industrially zoned land would be removed from the City's existing inventory. Land use would become commercial indoor recreational activities as previously described. Surrounding land uses, on adjoining properties, would be of an industrial type nature. Approval of the rezoning request would permit commercial uses in the middle of an established industrial area. Access to the subject property would continue to be provided by the adjoining public street, Salem Turnpike. The City Traffic Engineer has stated that traffic generated by the proposed commercial activities would have minimal impact on Salem Turnpike. 4. Industrial area would be negatively affected by the proposed rezoning of an existing industrial type building and recent addition. Rezoning the subject property to commercial would create a disincentive for future industrial development and investment in this area by the interjection of non - supportive commercial uses as proposed. S. Comprehensive Plan issues as set forth would not be followed. a! , The Planning staff recommends genial of the requested rezoning for the following reasons: (1) the subject property is appropriately zoned for industrial development and is consistent with the City's economic development strategy for this area, (2) the City's Comprehensive Plan recommends protect nc the limi suply at h C developable indu facilit itv's strial orpoertias to egan�"'i� growth and stability: Members of the Commission Page 6 and (3) the rezoning of a portion of this area for commercial uses would adversely affect the future development or redevelopment of this area for industrial purposes. Respectfully submitted, John R. Marlles, Agent Roanoke City Planning Commission JRM:ga Attachments cc: Assistant City Attorney Director of Public Works city Engineer Building Commissioner /Zoning Administrator Attorney for the Petitioner e IN RE: Rezoning a tract of land lying on ) the South side of Salem Turnpike Nw ) and being a northeasterly 166 feet, ) more or less, of Tax Map 02640311; ) PETITION a westerly 64 feet, more or less ) TO of Tax Map 12640351 and extending back ) REZONE between parallel lines 350 feet, more ) or less, all as more particularly ) described on the attached Exhibit "A'- ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, H 6 C Partnership owns land in the City of Roanoke containing 2.00 acres, more or less, located on Salem Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166 feet, more or less, of Tax Map 12640311; a westerly 84 feet, more or less, of Tax Map 12640351 and extending back between parallel lines 350 feet, more or less. Light Manufacturing District. is attached as Exhibit "B." said tracts are currently zoned LM, A Map of the property to be rezoned Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner request that the said property be rezoned from LM, Light Manufacturing District to C -2, General Commercial District, subject to certain conditions set forth below, for the purpose of allowing the property to be used for indoor recreation purposes. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1) That the property will be developed in substantial conformity with the site plan dated January 11, 1993 a copy of which is attached to the Petition for Rezoning as Exhibit "C," subject to any changes required by the City during site plan review. 2) That the subject property requested for rezoning will be used for indoor recreational uses including bingo. 3) That at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revert from C -2, General Commercial District, to LM, Light Manufacturing District, without any further action required of City council. 4) Furthermore, at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. The Petitioner believes that the requested rezoning is more in conformance with the surrounding area uses than the comprehensive plan which calls for the property to be used for the purposes of light manufacturing activities. The Petitioner believes the rezoning of the said tracts of land will further the intent and purposes of the City0s Zoning Ordinance and will enhance its comprehensive plan, in that it will be in the best interest of the City in promoting economic development within the community. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner request that the above - described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day April 13, 1993. Respectfully submitted, H S C PARTNERSHIP, a general partnership General Partner 3348 Salem Turnpike, NW Roanoke, VA 24017 JOLLY, PLACE, FRALIN i PRILLAMAN, P.C. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 7031989 -0000 Schedule A All that certain tract or parcel of land containing 2.00 acres, more or less, lying on the South side of Salem Turnpike NW and being a northeasterly 166 feet, more or less, of Tax Map 12640711; a westerly 84 feet, more or less, of Tax Map 12640751 and extending back between parallel lines 150 feet, more or less. ��. 7.– I `-� –m�_ �., "- _• °`�. ��! ,fir "� _ • 't '— ." ,!� t. , .' •t •` got, ! - _ � lr ; : � e 16 ref ki' '\ '� Z. � 4s''a 9+ : � it ,!fi � � �xl :- '-Y' �, •• � 3 ' ✓0 ��� ; � f _��T iam • •o �-'i�- `a \� —a�Yii .: % � /'•� / 'J• �� C���t � fxC ELY+ ••c Z Or INN 1-k INV ' Ld .• f. �A�'Q' i .,cam`,% � 1 • r, �. "��CN �r! ^' .�. 0 s o u e' n 33spacca LAH IOI I__ V _— T V 0. ,., �,� E •� •/r Ii11IIIIIIIII II. I�II. 'qO 1'I 1l1 I .h 11111 n Q,7 a i i . tlO 111Ii Iliil I11 lll111:1 IIIIII Illllll�;i,'!Illi e i 0 VCT w .n e4^ <e MOTES SIG — I °: taD, AY6LL — Z. OI AGY[5 t QYw Du-H ine,� s 150' � 350 EXHIBIT "D" Tax Man No 0127 Maude P. Bolling 3611 New Spring Branch Road, S.E. Roanoke, VA 24014 Tax Mao Nos 2640'+ � �a0326 Alexander N. Apostolou, at als P.O. BOX 1855 Roanoke, VA 24008 Tax Mao No 26s -= Fairview cemetery Co., Inc. P.O. Box 6231 Roanoke, VA 24017 Tax Mao No. 2640316 RV Properties P.O. BOX 6354 Roanoke, VA 24017 S' CITY OF ROANOKE OFFICE OF THE c= CLERK 215 Cbmrh A¢mr, 3.W., R,,, 4M Awnotq Yasin424011 TUeplmarc f/m)501•2541 MARY F. PARKER 09YCh*.C61C/AAE April 22, 1993 File 851 Mr. W. H. Fralln, Attorney Jolly, Place, Fralln and Prillaman, P. C. 3912 Meotric Road, S. W. Roanoke, Virginia 24019 Dear Mr. Fralln: SANDRA H. EAKIN DgNtYCftYC1crk Pursuant to Resolution No. 25523 adopted by the Council Of the City of Roanoke at a regular meeting held on Monday, April 6, 1081, a public hearing will he held on Monday, May 10, 1993) at 7:30 p.m., or as soon thereafter as the matter may be heard. in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of H ! C Partnership that a tract of land lying on the south side of Salem Turnpike, N. W. , and being the northeasterly 166 feet, more or less, of Official Tax No. 2640371, the westerly 84 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, mare or lees, said tract containing 2.00 acres, such rezoning to be subject to certain proffered conditions, be rezoned from LM, Light Manufacturing District, to C -2, General Commercial District. For your information, f am enclosing copy of a notice of the public hearing providing for the rezoning, which notice was prepared by the City Attorney's Office. Plasma review the document and if you have questions, you may contact Mr. Steven J. Talevf, Assistant City Attorney, at 991 -2431. Sincerely, /1 f---N � Mary F. F. Parker, CMC /AAE City Clerk MFP:am May Eno. Mr. W. H. Fralin, Attorney April 22, 1993 Page 2 po: H d C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017 Me. Maude P. Bolling, 3811 New Spring Branch Read, S. E., Roanoke, Virginia 24014 Mr. Alexander N. Apostolou, at als, P. O. Box 1855, Roanoke, Virginia 24008 Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 s� NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions Of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 10, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, 6.W., an the question of rezoning from LM, Light Manufacturing District, to C -2, General Commercial District, the following property: A tract of land lying on the south aide of Balm Turnpike, N. W., and being the northeasterly 166 feet, more or legs, of Official Tax No. 2640311, the westerly 84 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more or less, said tract containing 2.00 acres, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties In interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of April , 1993. Mary F. Parker, City Clerk. Please publish in full twice, once an Friday, April 23, 1993, and once on Friday. April 30, 1993, in the Roanoke Titma and World -Neva. Sand publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, s. W. Roanoke, Virginia 24011 -1536 Send bill to: Mr. W. H. Fralfo, Attorney Jolly, Plata, Fralin and Prillaman, P.C. 3912 Electric goad, S. W. Roanoke, Virginia 24018 ••��wn. land 4 WUgLU —NtWJ A NUMBER - 42114834 PUBLISHER'S FEE - Z11T.00 W H FIIALIN ATTY 3912 ELECTRIC ROAD S 4 P ❑ SOX 20467 ROANOKE VA 24018 TATE OF VIRGINIA ITY OF ROANOKE AFFIDAVIT OF PUDLICATION 1• (THE UNDERSIGNEDI AN AUTHORIZED 'PRESENTATIVE OF THE TIMES -WORLD COR- IRATION, WHICH CORPORATION IS PUBLISHER THE ROANOKE TIMES E WORLD -NEWS, A 11LY NEWSPAPER PUBLISHED IN ROANOKE, IN IE STATE OF VIRGINIA. DO CERTIFY THAT E ANNEXED NOTICE WAS PUBLISHED IN SAID WSPAPERS ON THE FOLLOWING DATES 04/23/93 MORNING 04/10/93 MORNING TNESS, THIS IST DAY OF MAY 1943 AUTHORI EIGNATUR� llt S� t NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 10, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to C -2, General Commercial District, the following property: A tract of land lying on the south side of Salem Turnpike, N. W., and being the northeasterly 166 feet, more or less, of Official Tax No. 2640311, the westerly 84 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more or less, said tract containing 2.00 acres, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of April , 1993. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday. April 23, 1993, and once on Friday, April 30, 19931 in the Roanoke Times and World -Newa. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 -1536 Send bill to: Mr. W. H. Prelim, Attorney .lolly, Place, Fralin and Prillaman, P.C. 3912 Electric Road, S. w. Roanoke, Virginia 24018 - CPTY OF ROANOHE OFFICE OF THE CITY CLERK 313 ChmchAYmur, 9.W., acam06 aumotq %W124011 Tda9hosm CM 941.2511 MABYL PARKER mry Ckrk, CMrJAAB April 22, 1993 File 451 Mr. W. H. Fralin, Attorney Jolly, Place, Frelin and Prillaman, P. C. 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Frelln: UNDRA H. L4UaN t99ay CJLYCivk Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1981, a public hearing will be held on Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of H & C Partnership that a tract of land lying on the south side of Selem Turnpike, N. W., and being the northeasterly 188 feet, more or 1858, of Official Tax No. 2840311, the westerly 84 feet, more or lees, of Official Tax No. 2840351 and extending back between parallel lines 350 feet, more ar less, said tract containing 2.00 acres, such rezoning to be subject to certain proffered conditions, be rezoned from LM, Light Manufacturing District, to C -2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing providing for the rezoning, Which notice Was prepared by the City Attorney's Office. Please review the document and if you have questions, you may contact Mr. Steven J. Televi, Assistant City Attorney, at 981 -2431. Sincerely, /'1 r-1-1 a.,.Y- Mary F. Parker, CMCIAAE City Clerk MFP:sm May Enc. Qivl'r. W. H. Fralin, Attorney April 22, 1993 Page 2 Pc: H & C Partnership, 3348 Salem Turnpike, N. W. Roanoke, Virginia 24017 Ms. Maude P. Bolting, 3611 New Spring Branch Roed, S. E., Roanoke, Virginia 24014 Mr. Alexander N. Apostolou, at als, P. o. Box 1855, Roanoke, Virginia 24008 Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 On-h Aymue. S.W., Room 436 3oemke. Nrdal� 1A011 Tdcphona lym] 961 -1361 AEARYCPARNER AR ryyClek, CMC /,6,� April 15, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: SANDRA B. EAKtN repayco Ckrk Pursuant to Section 36.1- 690(e) of the Code Of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from W. H. Fralin, Attorney, representing H & C Partnership requesting that a tract of land located on Salem Turnpike, N. W., containing 2.00 acres, more or less, being the northeasterly 166 feet, more or less, of property described as Officlai Tax No. 2940311, and the westerly 84 feet, more or less, of Official Tax No. 2640351, be rezoned from LM, Light ManufacturingDista(ct, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary P. Parker, CMC /AAE City Clerk MFP: em r /HC Enc. PC: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marilee, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commisoloner /Zoning Administrator Me. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. W. H. Frelin, Attorney, Jolly, Place, Fralin and Prillaman, P.C., 3912 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Laurenca E. Causey, General partner, H & C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017 +n,rnicii, yr ri Ll NU LOMPLIANCE AND FEE CALCULATION Petitioner: �I / +•�� "r�7itsa(in� � �2 l (� Petition In udes. ( vl,,--(a) Description of the purpose for the zoning and the proposed use of the property, (- (b) Concept plan outlining features of the proposed use of the property including buildings, parking, access and similar features. 1 (c) Map or maps of the area requested for rezoning. (� (d) Names, signatures, and addresses of the owner or owners of the lots or property included In the proposed change; and (v (e) Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. Calculated fee: f 320_ °° ore Sr t Roanok Planning Commit don a IN RB: Rezoning a tract of land lying on ) the South side of Salem Turnpike Mw ) and being a northeasterly 166 feet, ) mare or less, of Tax Map 12640311; ) PETITION a westerly 84 feet, more or less ) TO of Tax Map 12640351 and extending back ) REZONE between parallel lines 350 feet, more ) or less, all as more particularly ) described on the attached Exhibit "A" 1 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, R & C Partnership owns land in the City of Roanoke containing 2.00 acres, more or less, located on Salem Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166 feet, more or less, of Tax Map 12640311; a westerly 84 feet, more or less, of Tax Map 12640351 and extending back between parallel lines 350 feet, more or less. said tracts are currently zoned LM, Light Manufacturing District. A Map of the property to be rezoned is attached as Exhibit "B." Pursuant to section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner request that the said property be rezoned from LM, Light Manufacturing District to C -2, General Commercial District, subject to certain conditions set forth below, for the purpose of allowing the property to be used for indoor recreation purposes. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: n 2) That the property will be developed in substantial conformity with the site plan dated January 11, 1993 a copy of which is attached to the petition for Rezoning as Exhibit "c," subject to any changes required by the city during site plan review. 2) That the subject property requested for rezoning will be used for indoor recreational uses including bingo. 3) That at the expiration of ten years from the effective date of the city ordinance rezoning the property from LM, Light Manufacturing District, to C -2, General Commercial District, the property will automatically revert from c -2, General Commercial District, to LM, Light Manufacturing District, without any further action required of City council. A) Furthermore, at the expiration of ten years from the effective date of the city ordinance rezoning the Property from LM, Light Manufacturing District, to C -2, General Commercial District, all the indoor recreational uses established on the subject property shall be discontinued and all new uses on the subject property shall be those as permitted in the LM, Light Manufacturing District. The Petitioner believes that the requested rezoning is more in conformance with the surrounding area uses than the comprehensive plan which calls for the property to be used for the purposes of light manufacturing activities. v The Petitioner believes the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning Ordinance and will enhance its comprehensive plan, in that it will be in the best interest of the City in promoting economic development within the community. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner request that the above- described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day April 13, 1993. Respectfully submitted, H & C PARTNERSHIP, a general partnership �/b�1 (� BY An M (O. \ General Partner 3348 Salem Turnpike, NW Roanoke, VA 24017 JOLLY, PLACE, FRALIN & PRILrAMAN, P.C. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 703/989 -0000 L Schedule A All that certain tract or parcel of land containing 2.00 acres, more or less, lying on the South side of Salem Turnpike NW and being a northeasterly 166 feet, more or less, of Tax Map 12640311; a westerly 84 feet, more or less, of Tax Map 02640351 and extending back between parallel lines 350 feet, more or less. 33epncac LXU'I siT ".o'_'_ T U R N r l K L ., /- I�;IIIIIIIIII( { L LL v � N a ' � e � � 3 a s I I I I ( u II�IIIIiIhil IIII Illllll�lil'lllll, 0 Y Ycr w« � ti"uy •w � n r'• ,v= �oJ NoTFS: ale. — f " =(cD' Area. — 2.of aces t 0rem otm 0 EXHIBIT "D" Tax Mao No 2520127 Maude P. Bolling 3611 New Spring Branch Road, S.E. Roanoke, VA 24014 TeX Mao. Nob aen�eoivge v Alexander Apestolou, et als P.O. Box lass Roanoke, VA 24008 Tax Mao No. 2650 c Fairview Cemetery Co., Inc. P.O. Box 6231 Roanoke, VA 24017 Tax Man No 2640 L6 RV Properties P.O. Box 6354 Roanoke, VA 24017 0 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, May 5, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from H & C Partnership, represented by W. H. Fralin, attorney, that a 166'x350' Portion of property located on Salem Turnpike, N.W., designated as a portion of Official Tax No. 2640311, and a 945[350' portion of property located on Salem Turnpike, N.W., designated as a portion of Official Tax No. 2640351, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planing, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, April 20, 1993 and Tuesday, April 27, I993. Please bill to: W. H. Fralin Jolly, Place, Patin& PaRman, PC 3912 Electric Road, S.W. Roanoke, VA 24019 (703) 999 -OOM Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Q LAW OFFICES W x. Joys JOLLY, pjf ,PFWRAVIN & PRILLAMAN, PC, n[a -,peel -"� qy,c[ w.NETW000Le ]pp [L[eiw,e wuR[.w SALEM, VA. 29153 ).LTON R Pg1UAMLN A RC. LpI LWO Ip[N. Col.... eTPL[) p.[VIp C. M[L[LNEP pp Ly�a� r�9ORIIl�'1'gr 4P1jCf491A '24016 9)CPM[x N.vOe) YJ Op]I][p -Y] [ w,uuN c I,wweu coal pee -000a Ou pe[O nom asp• PooIN p6P1NG WILLL]M µ fgxLlµ Jq rAZ no -a1 T2. 0129 O gYgMELL [G6LL6TON Of fC,IN[CL April 14, 1993 61 � �� 6 ?� !G ifui John Marlles Agent Roanoke City Planning Commission CI^ Op Rt,;'•,?KE Room 355 OFFICE OF COMMUM Y PUMNO 215 Church Ave„ S.W. Roanoke, Va 24011 RE: Rezoning Application filed on January 13, 1993 Oear Mr. Marlles: Upon the receipt of this letter I hereby withdraw the original rezoning petition filed on January 13, 1993, on behalf of H &C Partnership to rezone 5.00 acres of land on Salem Turnpike, Nw. Receipt of this withdrawal letter should terminate all actions pursuant to the original Petition filed January 13, 1993. Please contact me if you have any questions in this regard. very truly yours, JOLLY, PLACE, PRAY PRIIIIAHAN, P.C. mbw TO THE CITY CLERK OF THE CITY OF ROANOKE, V�'#gTNIA PERTAINING TO THE REZONING REQUEST or: F RegUeet from N i C Partnership and RV Pr '93 rP 29 operties, ) represented by W. H. Fralin, Attorney, that Officlal)Affi- Tax No. 2640351, 2640316, and a portion of 2640311, )davit be rezoned from LM to C -2, conditional. ) COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) TO -HIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to mks this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1 -341, Code of Virginia, (195a), as amended, on behalf of the Planning Commission of the City of Roanoke, she has Sent by first -class mail on the 29tb day of March, 1993, notices of a public hearing to be held on the 7th day of April, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel QWDIKI Agent Address 2560127 Maude P. Bolling 3611 New Spring Branch Read, BE Roanoke, VA 24014 2640349 Alexander N. Apostolou, Ocala P. O. Box 1955 Roanoke, VA 24000 2650102 Fairview Cemetery Co., Inc. P. 0. Box 6231 Roanoke, VA 24017 &,14 narrlla Face Franl[2l' SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke. Virginia, this 29th day of March, 1993. Notary Pu e mLic My Commission Expires: ZfZ8A97 O y _ E m E o o E r'a E Vi 10 w U' J c a 7 O Z X X AFFIDAVIT APPLICANT: Richard D. Moses, President: Contractors & Industrial Supply, Inc. LOCATION: 0 Salem Turnpike, N.W. Tax No.2640351 REQUEST: Request to Repeal Proffered Conditions COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, 11950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail this' day of 9714q'C-A 2016, notices of a J "A /� `,�,' p public hearing to be held on this /' day of /� N ✓CC/ , 2016, on the request captioned above to the owner or agent of the parcels as set out on the attached. Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this LY day of /t U�ti ,2016. STEVE SWAIN PIUTARV PUBLIC C �monweal <.n of Virginle Reg #7057610 3 Zo raisslon Expires Notary Public Tax ID Owner 2640311 Valley Center LLC 2640316, 2640351 Contractors 8, Industrial Supply Inc 2640349 The Rosenberg Family Fund LP 2650102 F V Cemetery Co Inc Address City State Zip PO Box 233 Daleville VA 24083 3304 Salem Turnpike Roanoke VA 24017 307 Brook Park Place Forest VA 24551 PO Box 6231 Roanoke VA 24017 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina M. Cart STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 ROANOKE, VA 24011 Account Number 6014439 Date April 05, 2016 Date Category Description Ad Size Total Cost 0410512016 Legal Notices PUBLIC HEARING NOTICE All pri hearings advertised her 1 x 157 L 1,501.84 Publisher of the Roanoke Times I, ithe 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: 03/29.04/05/2016 The First insertion being given ... 03/2912016 Newspaper reference: 0000289306 Billing epresentative Sworn to and subscribed before me this Tuesday, April 6, 2016 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU � , : P........,:F N dry Publi ..... /.� NOTARY State of Virginia PU.'dIC City/County of Roanoke ] 1A' rPi : >33296C My Commission expires `?�� 3 ENV CriMMi5SI0N 9r5 c C THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE All public hearings aleartiond heroin will be held in the City Council Chambe,, fourth floor Room 450, noel C, Taylor Municipal Building, 215 To Loch Avenue, S.W., Roanoke. Virginia. All applications are available for review in the Planning, Building, i Development office, Room 166, 215 Churfh Avenue, 5W.. Retail Virginia. The City of Roanoke Planning Commission will hold public hearings on April 11, 2016, at 1:30 p. m., or as Susan as the matters may be heart to consider these applications: Application by Contractors is Industrial Supply, Inc, to repeal conditions proffered as pan of a rezoning At A the property by the adoption of Ordinance 31444 on May 17, 1993. proposed for repeal Include requiring development In substantial conformity with a site plan dated Tenuary 11, 1993, Ip iGng the use of the properly to Indoor recreational Low, and ravening the zoning and uses of the property to Led, Light Manufacturing, and the u s permitted in that district at the evplrstmn of ten years after the zoning of the property In 1993. The zoning of the property win room 1 -1, Light Industrial District. permitting these land use categories commercial; warehousing dsributio¢ assembly and entetainment pubc rbitao '. and I of LI C, As n prun portion of an parcel that r S.W. The an p mPmer, cllnll as I use: delete a limitation of ,are footage for an office on the property m Briton: equiremmt that star,, wear lent fadlitiee At Sugar War Phase 0. Ire designed to s postievelopment teenty- dl d Ste eels existing parking, and Nees.: bad changing the the party required to of ne dwelling all per 1,800 and a maximum floor area The tom ...ive plan the property for village ca ours not specify density. T ze of the property is a den Tina M. Carr, accuracy. C City council will bole public hearings on the aforesaid applications on April BB 2016, at 7:00 p. m., or as soon as the matters may be heard. Any person with a did liry requiring ... special accommoda0po to attend contta t the City Clarrk srofgcesal(540 853 -2541 at least five slays prior tothe .chromed bearing Stephanie M. Moon Reynoll MMC, City CIeM Thr City of Roanoke Reach of Zoning Appeals will hold public hearings on April 13, 2016, at coo p.m. or as soon by the matter, may be harm, to inn for these applicators: Application by Greg Dlgennam, On behalf of Valley Craftsmen, Inc, for properly located at 1817 Salem Avenue 5 W., bearing official Tax No. 1311597. zoned RM -2, Roya ial, Mixed Density, for a spepldl ueeptlon pursuant to S-tmn 362 -701, gone, Code of the Cry of Roanoke (1919), as amended, to permit a contractor or tradesman's shop, general or special turtle, on the propery. Application by Karen Mason, on behalf of Habitat for Rumanity in the Roanoke VPlley, Inc., for Property located at 3435 Melrose Avenue RW, bearing ofrool To, Ne, 2660120, ..... duly ,urea for, Cespro Nelghbmopa, al to A becoming to CG, Conceptual General, with conditions . for a special exception pursuant to Seceon 362 -3t5 zoning, Code of the City of ROanoke(1979). as amended to permit enforce storage on the prop.ey. Tina M. Car, Secretary, City Board of Zmling Appeals (299306) 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, & Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on April 11, 2016, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351. The conditions placed upon the property by the adoption of Ordinance 31444 -051793 on May 17, 1993, proposed for repeal include requiring development in substantial conformity with a site plan dated January 11, 1993, limiting the use of the property to indoor recreational uses; and reverting the zoning and uses of the property to LM, Light Manufacturing, and the uses so permitted in that district at the expiration of ten years after the rezoning of the property in 1991 The zoning of the property will remain I -1, Light Industrial District, permitting these land use categories: commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for industrial use, but does not specify density. The proposed use of the property is building supplies and materials, wholesale and retail. Application by Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W. The amendments to the proffers accepted by the adoption of Ordinance No. 33561- 090297 on September 2, 1997, propose to add medical clinic as a permitted use; delete a limitation of total square footage for an office building on the property to 10,000; delete a requirement that storm water management facilities at Sugar Loaf Crossing, Phase II, be designed to release a post - development twenty -five year design storm at a rate less than the pre- development ten -year design storm peak rate; change the site plan pertaining to the property to one dated February 26, 2016, showing the arrangement of existing and proposed structures, existing parking, and existing site access; and changing the identity of the party required to develop the property. The use classes permitted in the CN District include residential; accommodations and group living; commercial; industrial; assembly and entertaimnent; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use, but does not specify density. The proposed use of the property is a dental office. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on April 18, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on April 13, 2016, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application by Greg Digennaro, on behalf of Valley Craftsmen, Inc., for property located at 1817 Salem Avenue, S.W., bearing Official Tax No. 1311507, zoned RM -2, Residential, Mixed Density, for a special exception pursuant to Section 36.2 -707, Zoning, Code of the City of Roanoke (1979), as amended, to permit a contractor or tradesman's shop, general or special trade, on the property. Application by Karen Mason, on behalf of Habitat for Humanity in the Roanoke Valley, Inc., for property located at 3435 Melrose Avenue, N.W., bearing Official Tax No. 2660120, currently zoned CN, Commercial Neighborhood, subject to a rezoning to CG, Commercial General, with conditions, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit outdoor storage on the property. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, March 29, 2016, and Tuesday, April 5, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planting Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.can,@roanokcva.gov 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 •a;eF ae.. .�' STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Rommke, Virginia 24011 -1536 '1'elephm,c (540) 893541 Fna: (540) 953 -1145 F n ail: elcrk(a lrwumkevn.pov March 31, 2016 Barney Horrell Brushy Mountain Engineering, PLLC 3553 Carvins Cove Road Salem, Virginia 24153 Dear Mr. Horrell: CECELIA F. MCCOY Deputy City Clerk CECELIA T. W EHH, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351, pursuant to Ordinance No. 31444 - 051793 adopted by Roanoke City Council on May 17, 1993. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 16 at 7:00 p.m. in the Council Chamber, pending formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, J Yv1 Stephanie M. Moon Reynolds, `MIMIC City Clerk Enclosure Barney Horrell Barney Horrell Brushy Mountain Engineering, PLLC March 31, 2016 Page 2 c: Richard D. Moses, President, Contractors & Industrial Supply, Inc., 3304 Salem Turnpike, N. W., Roanoke, Virginia 24017 Valley Center, LLC, P. O. Box 233, Daleville, Virginia 24083 The Rosenberg Family Fund, LP, 307 Brook Park Place, Forest, Virginia 24551 F. V. Cemetery Company, Inc., P. O. Box 6231, Roanoke, Virginia 24017 c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephpne: (540)853 -2541 Epx: (540)853 -1145 STEPHANIE M, MOON REYNOLDS, MMC nuke...... CECELIA City Clerk City Deputy City Clerk CECELIA T. WEBB, CMC March 30, 2016 Assistant Deputy City Clerk Valley Center, LLC Contractors & Industrial Supply, Inc. The Rosenberg Family Fund, LP F. V. Cemetery Company, Inc. Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351, pursuant to Ordinance No. 31444 - 051793 adopted by Roanoke City Council on May 17, 1993. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No 25523 adopted by the Council of the City of Roanoke on Monday. April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 18 at 7:00 p.m. in the Council Chamber, pending formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www roanokeva qoy, under "Roanoke Planning Commission News'. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Re olds, City Clerk Enclosure PLANNING BUILDING AND DEVELOPMENT 1111V I Noel C. Municipal Building 215 Church rch Avenue, SW, Room 166 - Roanoke, Virginia 24011 Phone: 540 853 1730 Fax 540 853 1230 R OA N O K E Email[ pinnning(� rtgnyNcvq,w March 24, 2016 Dear Adjoining Property Owner and /or Interested Party The Roanoke City Planning Commission will hold a public hearing in order to consider the following request. The complete application can be viewed on the Planning, Building, and Development website at htt www.roanokeva aov /1093 /Active- Aonlications. Application by Contractors & Industrial Supply, Inc., to repeal conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351. The conditions placed upon the property by the adoption of Ordinance 31444 - 051793 on May 17, 1993, proposed for repeal include requiring development in substantial conformity with a site plan dated January 11, 1993, limiting the use of the property to indoor recreational uses; and reverting the zoning and uses of the property to LM, Light Manufacturing, and the uses so permitted in that district at the expiration of ten years after the rezoning of the property in 1993. The zoning of the property will remain 1 -1, Light Industrial District, permitting these land use categories: commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for industrial use, but does not specify density. The proposed use of the property is building supplies and materials, wholesale and retail. The date, time and place of the public hearing scheduled by the Planning Commission on the matter are as follows: Monday, April 11, 2016, 1:30 pm City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, VA 24011 According to real estate records, you own property that is adjoining the subject property or are an interested party. If you care to make any comments concerning this request, you need to attend the public hearing as listed above to voice your opinion(s) during the public hearing and consideration of this request. Also, feel free to contact Katharine Gray, Planner, at (540) 853 -1502 if you have any questions regarding the application. Sincerely, Tina M. Carr Secretary, Roanoke Planning Commission Chris Burns Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Bums, I am enclosing copy of Ordinance No. 40481 - 041816 rezoning property located at 1930 Electric Road, S.W., by amending certain conditions presently binding upon such tract of land located at 1930 Electric Road, S.W., designated as a portion of Official Tax Map No. 5090209, which property is zoned CN, Commercial- Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 31826, on January 18, 1994, and amended by the adoption of Ordinance No. 32657 - 092595, on September 25, 1995, and Ordinance No. 33561 - 090297, adopted on September 2, 1997, as set forth in the Zoning Amendment Application dated February 26, 2016. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, n Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Teleplmoe: (540)$53 -2541 Fnx: (540)fl53 -1145 Sl'EPIIANIE M. MOON REYNOLDS, MMC E -mail derkln),rommkeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk April 19,2016 CECELIA T. WERR, CMC Assistant Deputy City Clerk Chris Burns Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Bums, I am enclosing copy of Ordinance No. 40481 - 041816 rezoning property located at 1930 Electric Road, S.W., by amending certain conditions presently binding upon such tract of land located at 1930 Electric Road, S.W., designated as a portion of Official Tax Map No. 5090209, which property is zoned CN, Commercial- Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 31826, on January 18, 1994, and amended by the adoption of Ordinance No. 32657 - 092595, on September 25, 1995, and Ordinance No. 33561 - 090297, adopted on September 2, 1997, as set forth in the Zoning Amendment Application dated February 26, 2016. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, n Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Chris Burns April 19, 2016 Page 2 c: Coots, Cross, Lavinder & Quinn Management Company, LLC, 1930 Electric Road, S. W., Roanoke, Virginia 24018 J. Gregory Tinaglia, Trustee, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Linda M. and David E. Lambert, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Norris Properties, LLC, 6630 Hidden Wood Court, Roanoke, Virginia 24018 ECS Properties, LLC, 1960 Electric Road, S. W., Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Jillian Moore, Zoning Administrator Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission IN TI IIi COUNCIL OR T11H Cl fY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40481 - 041816. AN ORDINANCI± to rcv.onc certain properly located at 1930 FIcchic Road, S.W., by amending proffered conditions presently hinding upon such property; and dispensing with the second reading of this ordinance by title. WHEREAS, Coots, Cross, Lavinder & Quinn Management Company, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to amend certain conditions presently binding upon a tract of land located at 1930 Electric Road, S.W., being designated as a portion of Official Tax Map No. 5090209, which property is zoned CN, Commercial- Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 31826, on January 18, 1994, and amended by the adoption of Ordinance No. 32657- 092595, on September 25, 1995, and Ordinance No. 33561- 090297, adopted on September 2, 1997; 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 COlmeil( WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2016, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WIIIIRFAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 1930 Electric Road, S.W., being designated as a portion of Official 'fax Map No. 5090209, should be amended as requested, and that such property be zoned CN, Commercial - Neighborhood District, with proffers as set forth in the Zoning Amendment Application dated February 26, 2016. 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 the proffered conditions as amended by the Zoning Amendment Application dated February 26, 2016, so that the subject property is zoned CN, Commercial- Neighborhood District, with such proffers. 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 etr�'t =� • �l�l �J W�" City Clerk Amend proffers- 1930 9lectrio Road .doe Meeting: April 18, 2016 Subject: Application by Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.21 5 acre parcel that extends to Electric Road, S.W. Recommendation The Planning Commission held a public hearing on Monday, April 11, 2016. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Greater Deyerle Neighborhood Plan, and Zoning Ordinance as it amends conditions on the property to allow for continued development of the site in a manner appropriate to the surrounding area. Application Information Request: Amendment of Proffered Conditions Owner: Coots, Cross, Lavinder & Quinn Management Company, LLC Applicant: N/A Authorized Agent: Chris Burns, Balzer and Associates Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 1930 Electric Road, S.W. Official Tax No.: 5090209 Site Area.- Approximately 0.21 5 acre Existing Zoning: CN, Commercial - Neighborhood District, a portion with conditions Proposed Zoning: CN, Commercial - Neighborhood District, a portion with conditions Existing Land Use: Medical clinic Proposed Land Use: Medical clinic Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Use: Neighborhood Commercial Filing Date: Original Application: February 29, 2016 Background A large property at the corner of Electric Road and Gatewood Avenue was rezoned in 1994 from RS-1, Residential Single - Family District, to CN, Commercial - Neighborhood District, for the purpose of allowing commercial use of the previously residential building. Proffered conditions on the property were then amended in 1995 to allow for the construction of another office building on the site. The property with conditions was then subdivided into 4 separate portions. The three northernmost portions were made into separate lots. The southernmost portion of the property was combined with a parcel to the south in 1997 to create a new lot. The proffered conditions apply to only a portion of this new lot. It is this lot, at 1930 Electric Road, S.W., bearing Official Tax No. 5090209, which is the subject of this request. Proffered conditions on the property were then amended in that same year to increase the square footage allowance to allow for the expansion of an existing office building on the subject property. The owner of the medical office at 1930 Electric Road, S.W., now wants to expand their building in the portion of the property that contains the proffered conditions. However, the proffered conditions will not allow such expansion as currently written. In February 2016, the Applicant filed an application to amend the proffered conditions from 1997. Conditions Requested To Be Repealed by the Applicant The applicant hereby requests that the following proffered conditions enacted by Ordinance Number 33561- 090297 be amended as it pertains to a portion of Official Tax Number 5090209 (approximately 0.215 acres). 1. That the property shall be used for the purpose of professional office buildings and medical clinic. 2—That the total sqtiae footage of off ce bu idi igs o i the prope =ty will be 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657- 092595.) 5. That no entrance /exit to the property will be constructed on Gatewood Avenue. 6— , will be des gned to release et post develop iient twenty five year design stoml at a ate less them the pre development ten yea desig i storn peak 1 ate. 7. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of}tme 4, 1997 February 26, 2016, attached hereto as Exhibit C. 8. If the property is not developed by Coots, Cross, Lavinder & Quinn Ward Management Company, LLC, these proffers shall be voided and the original proffers reinstated. The City's stormwater management regulations have changes significantly since the original conditions were developed and Proferred Condition No. 6 is no longer needed. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purpose of the CN District is to encourage a concentration of neighborhood - scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian- oriented development, with buildings located close to the street, pedestrian - scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building fa4ades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site. Zoning District Land Use North CN, Commercial - Neighborhood Professional offices District, with conditions South CN, Commercial - Neighborhood Medical Clinic; Educational District and Roanoke County facilities, elementary East CN, Commercial - Neighborhood Medical Clinic; Business Service District and R -7, Residential Single Establishment, Not Otherwise - Family District Listed; Single Family Residential West Roanoke County Place of Worship Compliance with the Zoning Ordinance: The purpose of the CN District is to encourage a concentration of neighborhood - scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian- oriented development, with buildings located close to the street, pedestrian - scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building fa4ades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site. The development is subject to dimensional and development standards of the ordinance and subject to the additional proffers regarding land use, material of construction, location of buildings on the property, entrance locations, and developer. Details not shown on the development plan will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Greater Deyerle Neighborhood Plan identify the need for redevelopment of existing commercial properties within existing commercial zoning districts. The amendment of proffered conditions will allow the expansion of an existing business towards a commercial street in a manner appropriate to the surrounding area. Relevant Vision 2001 -2020 policies 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. ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. Relevant Greater Deyerle Neighborhood Plan Policies: Community Design Policies: Neighborhood Character: Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001 -2020, and efficiently uses limited land resources. Zoning: Maintain the current zoning districts as they are. If property owners request changes: Evaluate rezoning requests based on the specific recommendations and guidelines of this plan. • Support rezoning requests that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. The use of the property has been as commercial use for many years. Proffered conditions exist on a portion of the property as a remnant from the previous rezoning of a larger original parcel in the 1990's that prohibit the expansion of existing business on the property as desired. The amendment of the proffered conditions does not remove the protections to the residential properties to the northeast that they were originally intended to protect, but continues to offer certainty to surrounding property owners while allowing expansion of the business. Public Comments: None. Planning Commission Work Session: None. Planning Commission Public Hearing: None. i�-r7iih�?9 G. �huCh.�17nL James E. Smith, Acting 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 Fred A. Coots, III; Coots, Cross, Lavinder & Quinn Management Company, LLC Chris Burns, Balzer and Associates Inc. 7��z �G6Qa3 Zoning Amendment ApplicatioMECE "`G EDP`' ,, Department of Planning, Building and Development FEB 2 9 2016 R OA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone, (540) 853-1730 Fax: (540) 853 -1230 Date 2 -26 -2016 ❑ Rezoning, Not Otherwise Listed CITY OF ROANOKE PLANNING BUILDING 8 Clkk Mere to Pfinl DEVELOPMENT Submittal Number', Ofl lAppllcatlon ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ropgpfy IMormation: Address: 1930 Electric Road, SW ❑x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Canpreheni Sign Overlay Dlstnct Official Tax No(s).: Portion of 5090209 Existing Base Zoning: ❑x With Conditions (if multiple zones, please manually enter all districts.) CN,Comme¢Ial-0eighborhood ❑W,thoul Cond -lions Ordinance No(s). for Existing Conditions (If applicable): 33561 - 090297 ❑ With Conditions Proposed Requested Zoning: CN, Commercial- Neighborhood ❑ Without Conditions Land Use. MedicalOmce PrWREW Owner Informatlon• Name: Coots, Cross, Lavinder& Quinn Management Company, LLC Phone Number: +1(540)989 -1170 Addr Roanoke,VA24018 E -Mail: rredandemplive.mm —� Property Owner's Signature: ARtdioentl!llstmttlaailt dlftereM /rom_yy�y�; Name: same as owner Phone Number: Address: E -Mall: Applicant's Signature: Authorized AgaMl Information (N applieablah Name: Balzer and Associates Inc c/o Mr. Chris Burns Phone Number. +1(540)772 -9590 Address: 1208 Corporate Circle Roanoke, Va 24018 E -Mar. cburnspbalaeccc /i/LIA Authorized Agent's Sgnalum. This request is being made on behalf of Coots, Cross, Lavinder & Quinn Management Company, LLC (current properly owner) to amend proffered conditions related to a portion of Tax Parcel 5090209 to allow fbr a proposed addition to their existing dentist office building. The subject property is zoned CN and a portion of the property is subject to conditions from previous ordinances. The existing conditions on the property apply to adjoining parcels (Tax Parcels (5100809, 5100811, and 5100812), as well as a 0.215 acre portion of the subject parcel (Tax Parcel 5090209). The property was originally rezoned with conditions on January 18, 1994, under Ordinance #31826 to allow for interior renovations to an existing structure to allow it to be used as a professional office building. The conditions on the property were amended on September 25, 1995, under Ordinance 432657- 092595, to allow for additional professional office building space to be constructed on the property, up to a maximum of 8,000 s.f. The conditions on the property were amended once again on September 2, 1997, under Ordinance 1133561- 090297, to increase the allowable square footage of professional office building space to 10,000 s.f. to allow for a building expansion to the Coots Ward building. The expansion of the Coots Ward building required the northern property line of Tax Parcel 5090209 to be relocated and a portion of the building addition was located within the zoning parcel affected by the conditions. Prior to this resubdivision, the subject property had not been affected by the rezoning or the conditions on the property. The proposed request will amend the proffered conditions only for the area located on Tax Parcel 5090209 and will allow for the proposed building expansion. The revisions to the proffered conditions are shown on Exhibit A. Proffered conditions on the adjoining parcels (Tax Parcels 5100809, 5100811, and 5100812) will remain unchanged. The proposed building expansion will be used for additional exam rooms, as well as an expanded waiting area to better serve the patrons of the business. The expansion will be architecturally consistent with the existing dentist office building. The attached development plan (Exhibit C) shows the location of the proposed building expansion. The location of the expansion is proposed to be between the existing building and Electric Road and minimizes any impact to the surrounding residential neighborhood. No new parking spaces are proposed with this plan, as there are adequate spaces on -site to serve the existing and proposed development. Stormwater management will be provided in accordance with current City of Roanoke regulations. This area is designated as Commercial in the Greater Deyerle Neighborhood Existing Land Use Map and the proposed development certainly fits within this designation.. This Project is consistent with the existing Sugar Loaf Crossing development and allows for the existing commercial development to continue to expand without encroaching on the surrounding residential area. On behalf of Coots, Cross, Lavinder & Quinn Management Company, LLC, we are requesting approval of this application for amendment of proffered conditions. This project will allow an already successful site to grow and further serve the residents in the community, while maintaining the integrity and the character of the overall Sugar Loaf Crossing development and the surrounding residential neighborhood, DAIAQ .oM�Reow Legal Description of a portion of Lot 1A -1 (M.B. 1, PG. 1757) Roanoke City Tax Parcel # 5090209 Property address 1930 Electric Road, S.W. Commencing at a concrete monument located on the Easterly right of way of Electric Road, S.W. at the Southeasterly intersection of Gatewood Avenue, S.W. and Electric Road, S.W.; thence with Electric Road, S.W. S39 °03'00 "E 86.22 feet to the actual Point of Beginning; thence leaving Electric Road, S.W. and with the following Northerly lines of Lot 1A -1 (M.B. 1, PG. 1757) Roanoke City Tax Parcel #5090209, N82 "33'00 "E 132.42 feet to a point, S18 °31'08 "E 18.14 feet to a point, N71 "28'51 "E 71.65 feet to a point, N18 °27'00'W 4.12 feet to a point, N82 °33'00 "E 59.88 feet to a point on the Westerly line of Roanoke City Tax Parcel #5100808; thence leaving the Northerly line of Lot 1A-1 and with the Westerly line of Tax Parcel #5100808 S12 °29'00 "E 39.65 to a point on the Southerly line of Tax Parcel #5100808; thence leaving Tax Parcel #5100808 with the City Zoning line through Lot 1A -1 S82033'00'W 228.98 feet to a point; thence S37 °4248 "W 13.58 feet to a point along the Easterly right of way of Electric Road, S. W - -; thence with Electric Road, S.W. N39 "03'00"W 57.63 feet to the point and place of beginning, containing 0.2145 AC. (9,345 S.F.) and being a portion of Lot 1A- 1 (M.B. 1, PG. 1757) Roanoke City Tax Parcel # 5090209, lying in the City of Roanoke, Virginia. PLANNERS . ARCHI7ECiS . ENGINEERS . SURVEYORS ROANOKE . RICHMOND . NEWRNER VAUEY . SHENANDOAH VALLEY. HARRISONEURG 1208 COWale Cmle. Roanoke, Vigho 24018. (540( 772 -9590. FAX (5401 772- 50 w.v IAx.ce Exhibit A COOTS, CROSS LAVINDER 8, QUINN MANAGEMENT COMPANY LLC PROFFERED CONDITIONS TO BE AMENDED: The applicant hereby requests that the following proffered conditions enacted by Ordinance Number 33561 -090297 be amended as it pertains to a portion of Official Tax Number 5090209 (approximately 0.215 acres). 1. That the property shall be used for the purpose of professional office buildings and medical clinic. 2. That I e total square stage of ofse-budn9s"en-9ae- prepe"IT will „ be limited to 39 090 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657 -092595.) 5. That no entrance/exit to the property will be constructed on Gatewood Avenue. r That the StAFFM V- FRtAF FREInAgPFFIent fRailitie- at 21-gaF I-Gaf Grassing, Phase 11, will 1pss than the pm deve'GprpeRt teF1 year design stgun peak Fate. 7. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of- duce - 4;4997 February 26, 2016, attached hereto as Exhibit C. 6. If the property is not developed by Coots, Cross, Lavinder & Quinn %A/ard Management Company, LLC, these proffers shall be voided and the original proffers reinstated. .I I „ I! j if !I +y pI�P i f il ! 3 1 7 o.... aw.wY 11 OMI�Yi IYpIryOIIS xn. �mxw IN J l n I 10 m W IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33561 - 090297. AN ORDINANCE to amend SS36.1 -3 and 36.1 -91 Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, Sectional 1976 Zone Map, City Of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, H. P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125 -acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S.W. (formerly known as 1910 McVitty Road, S.W., and designated as Official Tax No. 5100509), now a portion of Official Tax No. 5090209, which property was previously conditionally rezoned by the adoption of Ordinance No. 32657- 092595, adopted September 25, 1995; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 836.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 15, 1997, after due and timely notice thereof as required by 536.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon that certain tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125 -acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, being a portion of a larger tract of land located at 1930 Electric Road, S.W. (formerly known as 1910 McVitty Road, S.W.), and designated as Official Tax No. 5100809, now a portion of Official Tax No. 5090209, and filed as Exhibit A with the First Amended Petition filed August 1, 1997, should be amended as requested. THEREFORE, BE IT ORDAINEO by the Council of the City of Roanoke that 5536.1 -3 and 36.1 -4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition filed in the City Clerk's Office on August 1, 1997, and as set forth in the report of the Planning Commission dated August 18, 1997. ATTEST: It D- R[L411imup Is City Clerk. \ V- "�r"1i O'0R1E4`0 f�' Roanoke City Planning Commission August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from H. P. Properties and Coots Ward Management Company, that proffered conditions related to a tract formerly located at 1910 McVitty Road and being a portion of Official Tax No. 5100809 and currently identified as 1930 Electric Road, S.W., a portion of Official Tax No. 5090209, be amended. A. PWRO of the petition to amend proffered conditions is to allow for the expansion of an existing commercial office building located on Lot I -A, Sugarloaf Crossing, Previously having been a portion of Tax Map No. 5090209. B. Proposed office buUdin�exoan� ion would extend on to ro conditionally rezoned by Roanoke City Council in September, 11 995. Bxt�'stiing proffered conditions are as follows: ]. That the property shall be used for the purpose of professional office buildings. 2. That the total square footage of office buildings on the property will be limited to 8,000 square feet. 3. The exterior architectural features of the existing structure on the subject Property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Cmtewood Drive that are shown on the site plan prepared by Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853 -2344 Members of Council Page 2 Balzer & Associates under date of November I1, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. That en[rance/exit to Avenue. e. the property will be constructed on Cratewood 6. That the storm water management facilities at Sugar Loaf Crossing, Phase IL will be designed to release a post - development 25 year design storm at a rate less than the pre - development ten year design storm peak rate. C. Cu Ot o Dillon to amend proffered conditions was filed on June 5, 1997. Amended proffered conditions are as follows: 1• That the total square footage of office buildings on the property will be limited to 10,000 square feet. 2. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4 attached hereto as Exhibit B. , 1997, J' Jf the Property is not developed by Coots Ward Management Company these Proffers shall be voided and the original proffers reinstated Staff requested that the petitioner submit an amended petition at the Planning Commission public hearing consolidating all proffered conditions which will be in effect on the subject property. D. Sweater DN¢hborhood A on June 23, 1997, to mdmate that the o contacted the Planning office amendment to proffered conditions. r8antzahon had no objection to the proposed B. SrreaterD v rl NO'RhborhoOd Plan recommends that: Single family character of the neighborhood should be maintained. New development along the perimeter of the neighborhood in areas zoned for commercial and multifamily development should be well designed and compatible with adjoining residential areas. 2. Si8nage in commercial areas and at neighborhood entrances should be minimized to maintain the area's residential character. E Comprehensive Plan r d —�$ that: Members of Council Page 3 1. Expansion of commercial development be carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and environmental quality be protected. rl. Current Situation: A. Planning Commission Public heariniz was held on July 2, 1997. Mr. Neil McNally, attorney, appeared before the Commission on behalf of-H. P. Properties and Coots - Ward Management. Mr. McNally stated he was submitting an amended petition at the request of the Planning staff' which consolidated the new proffers and the Previously approved proffers. Mr. McNally stated the petitioner wanted to expand an existing structure that was not part of the original Helms rezoning, In response to a question from Mr. Rife, Mr. McNally stated that the property line was relocated to accommodate the proposed addition. There was discussion among the Commission members and petitioner's attorney relative to the location of the proposed addition and the existing structure located on Mr. Helms' property. Mr. Rife stated that the addition to the existing structure on Mr. Helms' property may be in violation of the setback requirements as a result of the change in the property line. Mr. Marfles gave the staff report. He stated that staff was recommending approval of the request. He said that staff felt that the proposed addition would have only a minor impact on the neighborhood. Mr. Bud McWoner (5o06 Gatewood Avenue) appeared before the Commission and stated he was representing the Hidden Valley Estates Neighborhood Watch which was part of the Greater Deyede Neighborhood Association. Mr. MCWOrter stated that several of the adjoining homeowners had concems with the development that was occurring on the area that was the subject of the first rezoning including the changes to the topography and the view of the stone wall. He also stated that he felt that some new construction was occurring without a building pemtit. Mr. Butler advised Mr. McWorter that if he felt there were deviations from the proffered site plan for the Helms property, then he should contact the Planning Department for clarification. Mr. Marlles noted that under the current amended petition, all of those proffers that were part of the original Helms rezoning would still be in place with the exception ofthe proffer limiting the square footage which would increase from g,000 to 10,000 square feet He said that the question of whether those proffers were complied with was a separate issue which would be looked at by staff. N Members ofcouncil Page 4 Mr. Butler said that the Commission was being asked to approve a drawing, as Exhibit B, which seemed to violate the setback requirements. He said that he felt the dmwin ne specified B needed to be cleaned up so there would be no confusion. expansion lion asked Mr. McNally re he was willing to proffer Exhibit B deleting the expansion ofthe existing structure on the Helms property, Mr. McNally said he would be willing to do that. There was no further discussion. B' petition to amend oroff Amended proffered conditions are as follows: r r ° was filed on August 1, 1997 1. That the property shall be used for the purpose of professional office buildings. 2. That the tot s square feet$e of office buildings on limited to 10, the property will be 3 The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November I1, 1994' Prepared by Balzer & Associates. The architectural features of the proposed new structure s exterior similar to the photographs made a art hall be substantially P of the record That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994 (A copy of which is attached m the Amended Petition to Amend proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657 -092595.) 5. That no entrance/exit to the property Avenue. will be constructed on Catewood 6• That the storm water management facilities at Sugar Loaf Crossing, phase II, win be designed to release a past - development twenty-five year deli at a rate less than the pre - development ten year design gn storm 7. 8 storm peak rate. The development of the property will be in substantial site plan prepared by Batter & conformity with the Associates under the date of June 4, 1997 attached hereto as Exhibit B. r Members of Council Page 5 8. If the property is not developed by Coots Ward Management Company, these proffers shall be voided and the original proffers reinstated. III. lam: A. Zoning. B. Land 1,g. C. Traffic. D. Neighborhood impact. E. Neighborhood plan. F. -Qmpmbensive Plan. IV. Alternatives; A City Council au r{t_ove the requested change in proffered conditions. 1. Zoning of the subject property would remain conditional CN, Neighborhood Commercial District, with amended proffers which would perpdt the expansion of an existing commercial office building. 2. Land use would remain the same. 3. Traffic impact of proposed 3,181 square foot expansion to existing commercial office building would be minimal. 4. Neighborhood impac of proposed office building expansion would be minimal given the location of the proposed structure on the site. 5. Neighborhood plan issues as set forth would be addressed. 6. omprehensive plan issues as set forth would be addressed. B. City Council den; the requested change in proffered conditions. I. ZonLn ofthe subject property would remain conditional CN, Neighborhood Commercial District. Proposed expansion to existing commercial office building would not be possible. 2. Land use would remain the same. Members of Council Page 6 3. Traffic impact would not be an issue. 4. Neighborhood impact would not be an issue. S. Neighborhood plan issues as set forth would not be addressed. 6. Comprehensive plan issues as set forth would not be addressed. Planning Commission . by a vote of 4 -0. (Mrs. Coles, Mrs. Duerk and Mr. Manetta absent) recommended approval of the petition to amend proffered conditions. The proposed amendment to proffered conditions will allow for the expansion of an existing commercial office building without any detrimental impact on the adjacent residential neighborhood. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOIE RE: FIRST AMENDED PETITION TO AMEND PROFFERED CONDITIONS RELATED TO A TRACT OF LAND LOCATED AT 1910 MCVITTY ROAD, S.W., DESIGNATED As OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF RoANOXE The Petitioners, H.P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, own land in the City of Roanoke containing 0.215 acre, more or less, located at 1930 Electric Road, S.W., in the City of Roanoke, Virginia, more rYp specifically identified as previously having been a portion of Tax Map No. 5100809 and now a portion of Tax Map No. 5090209 pursuant to a plat of survey approved by the Roanoke City Planning Commission on February 18, 1997 and which plat is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia in Map Book 1, page 1615, a copy of said plat is attached hereto as Exhibit A; said property being situated east Of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Commercial District. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the previously approved proffers on said property be revised and amended. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's zoning ordinance and it comprehensive plan, in that it will allow for the expansion Of so existing commercial office building on Lot IA, Sugarloaf Crossing, as shown on Exhibit A and will further Key &Tatel conform to the uses of the comprehensive plan of the City of .n�..Y. Roanoke. I't1A„ li@ The Petitioners hereby request that the following proffer be approved as part of the rezoning of the subject property by City Council by Ordinance No. 32657 - 092595, be deleted: 1. That the total square footage of office buildings on the property will be limited to 8,000 square feet. The Petitioners hereby request that the following proffers be accepted and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of II professional office buildings. 2. That the total square footage of office buildings on the Property will be limited to 10,000 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657- 092595.1 5. That no entrance /exit to the property will be constructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post - development twenty -five year design storm at a rate less that the pre - development ten year design storm peak rate. 7. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. Key &Tate] B. I£ the property is not developed by Coots Ward Management Company, these proffers shall be voided and the original proffers • ^URN ' ^T''^" reinstated_ , Attached as Exhibit C, are the names addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, and immediately across a street or road from the property. Attached as Exhibit D is a copy of the appraisal map for the w subject property. I WHEREFORE, the Petitioners request that the above - described amended proffers be approved in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted this 2nd day of July, 1997. Respectfully submitted, H.P. PROPERTIES CGS %N'P COMPANY By= C -.J(. Of Counsel` v Neil E. McNally, Esquire EBY & TATEL, P.C. Post Office Box 1625 Roanoke, Virginia 24008 -1625 (540) 982 -0007 VSB# 22220 H.P. PROPERTIES p- LEE T. HELMS, PARTNE /OWNER YARD D��COMPANY B. 0.l H. SCOTT WARD, PRINCIPAL Key Tatel nnua. rn u. eil ! 3? z\ 1 P $ A7 H:,njj5 §K3 .. `. }iA R} �IRR�R $i Asix.. .k YB: Bee= MBegpegk�col4'R', ..................... . ...................... ' c r 'b s ppy e5yp, 1 [ Y $�p■p�Fip j dbi i . r a]o :d3a� + '! Op S 9 - 1 ' V ON i E i I i + '! Op S i E i I i SUa: No 15�^Le GpTE"JOOv Nrart¢ \ 4nev r W4aM9 O mry� �ce� b.ryy a w OILI� Exhibit B DA sec •PLANNERS•ARCHITECTS•ENGINE RS SURVEYORS 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772.9580 +seem. a re o..e m GpTE"JOOv Nrart¢ \ 4nev r W4aM9 O mry� �ce� b.ryy a w OILI� Exhibit B DA sec •PLANNERS•ARCHITECTS•ENGINE RS SURVEYORS 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772.9580 +seem. a re o..e EXHIBIT C TAX MAP NO OWNER'S NAME AND ADDRESS 5090277 J Gregory aSW Electric Road Roanoke, Virginia 24018 5100525 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue SW Roanoke, Virginia 24018 5100526 Gene C. and Cathy H. Comer 5053 Gatewood Avenue SW Roanoke, Virginia 24018 5100527 Charles R. Clark, Sr. Rebecca H. Clark 2154 MCVitty Road SW Roanoke, Virginia 24018 5100528 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 5100808 Eugene A. and Carol A. Galvin 5040 Gatewcod Avenue SW Roanoke, Virginia 24018 5100901 First Virginia Bank 1828 Electric Road SW Roanoke, Virginia 24018 Goiland, Ltd. c/o Osterhoudt, Ferguson, Matt, 1919 Electric Road Aheron & Agee, P.C. SW Roanoke, Virginia 24018 Good Shepherd Lutheran Church 1887 Electric Road SW Roanoke, Virginia 24018 O. ,fir { b I i Ro10 { RotutC ii9 � ClLC1NC -\ 411 ..r F is 11 N u g$ I�t�i da' I rl "{sl1�a °C No, .a <rvoN� U" 9-03l�� i�11 "R g33-- T3tld D1131HX3I lN3WdOl3fi30 iE t f� 1 SA?3? Atl1511N3O AlIV�Vd S31VIOOSSB 1 X 855oelo'OtlVM'Sl000 $ `wa -rte o- - J 1 P� i r1 p v � m - § 02 _ -- � o \ IL _ \ :` -- 111 - -� 3 \ j {) § �0 }\ § ~~ }N &� AFFIDAVIT APPLICANT: Coots, Cross, Lavinder & Quinn Management Company, LLC LOCATION: 1930 Electric Road, S.W. Tax No.5090209 REQUEST: Request to Amend Proffered Conditions COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail this 2#" "day of /, r-A/�t � , 2016, notices of a public hearing to be held on this day of R " 2016, on the request captioned above to the owner or agent of the parcels as set out on the attached Tina M. Carr SUBSCRIBED AND SVj�ORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24 day of _. w'� 2016. STEVEN F. SWAIN NOTARY PUBLIC Commonwealth of Virginia flag. #]05]60 b: Ccn�lssloo Ex Tres a 8 Notary Public Tax IDW Owner 5090277 1 Gregory Tinaglia Trustee 5100808 Linda M and David E Lambert 5100809 Norris Properties LLC 5100811 ECS Properties LLC Address 1940 Electric Rd SW 5040 Gatewood Ave SW 6630 Hidden Wood Ct 1960 Electric Rd SW City State Zip Roanoke VA 24018 Roanoke VA 24018 Roanoke VA 24018 Roanoke VA 24018 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina M. Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 ROANOKE, VA 24011 Account N,-be� 6011439 Date April 05, 2016 Dale Category Description Ad Size Total Cost 04105/2016 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hei 10571 1,501.84 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: 03129,0410512016 The First insertion being given ... 03/29/2016 Newspaper reference: 0000289306 Billing l4epresentative Sworn to and subscribed before me this Tuesday, April 5, 2016 III /Noiary Public ✓/ J P NOTA "�•F l/ V ^��'t .'NOTARI" Stale of Virginia _= � f PUBLIC CitylCounty of Roanoke _ R_`G- '-033261 My Commission expires Y' / /Aii . MY C9Mh4iSS;UN IL THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE An publle hemings advertised herein will be bald in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Buildinry 215 Church Avenue. empire. AI applications are available for review m the Planning, Building, N Development office, Room 166, 315 Church Avenue, S.W., Roaneke, Wrpon. The City of Roanoke Plarron, Commission will hold public hearings on April 11, 2016, at 130 noon, or ai on as the matters may be heard, to demider these applications: Application by Contractors R Indistinct Supply. Inc., to repeal conditions prommed as part of a rezoning at a parcel on the 3300 black of Salem Turnpike, N.W., bearing Official Tax No. y for raper craft In sr pmperzy m maoor recreational ..... and reverting the zoning and uses of the property to LM, Light Manufacturing, and the uses s permitted 1 that district at the expiration of ten years after the oting of the property in 1993. The ning of the property will remain 11. Light Industrial District, permitting these land use Caremark, m ware [ial: Industrial; housing and e distribution: assembly and entertainment public, Institutional and community facilities; transportation; utility; agricultural; antl accessary, with .o maximum density specified and a maximum floor area ratio of lo. The comprehensive plan designates ut the does n potspecify densityslThe proposbed e of the property is building supplies and materials, wholesale and retail. Application by Coots. Cross. tramp ,& Quinn Management Company, 11C, censor to Coots Ward Management Company, to amend ...reiorts bearing Official Tax Map NO 5090209, as such proffers pertain to a northern pardon of an approximately 0.215 ace parcel that extends to Electric Road, S.W. The amendmenn to the proders acrepled by the adoptlon of Ordlpance No. 33561090297 on September 2, 1997, propose to add medical clinic as a Permitted as,; delete A limitation of total andev a footage for an office building on the properly fo 10,000; dairy, a requirement that tor. water management facilities at Sugar Loaf Crossing. Phase II, be designed to flee year design storm M a rate less than the pre development ten year design storm peak rate: change No site Tun 11 performing to 6t 2016. st wlna ire Commission City Council will hold public hearings on the command applications an April 18, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability, requiring any special accommodation to attend or paaid,op, In the hearings should contact the City Clerk's office at (540) 853 25a At least five days price tothe scheduled M1Caring. Stephanie M. Muun Reynolds, shot City Clerk The Cry of Roanoke Board of Zoning Appeals will hold public hearings on April 13, 2016, at 1:00 0th., Or as soon as the matters may be M1eard, to Consider these applications: Application by Greg Digennam, on behalf of Valley Craftsmen, Inc, for property located at 1812 Salem Avenue. S. w., bearing Offic Tax No. 1311507. fined RM 2, Residential, Mixed Denny, for a spedal except... pursuant to Semion 362701, Zoning. Code Of the City of Remarks ( 1979). as mended, to permit a contractor or tradesman's shop. 9emral or Special trade, on the property. Admiration by Nate. Maz.n, on behalf of Habitat for HumdOilY in the Recent Valley, roc, for property located at 3435 Melrose Avenue, N W., bearing Official Tax No 2660110, currently ended ON, Commercial Neighborhood, subject to a rezoning to CG. Commercial General, vi machines. for a spedal exception pursuant to Section 362415, Zoning, Code of the City of Roanoke (1979), as amended, to permit outdoor storage on the pmpery. Tina M. Carr. Secretary, City Board of Zero, Appeals (269306) 4j.:hLiWa ,l td �W "i H AN111 471 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, & Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on April 11, 2016, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Contractors & Industrial Supply, Inc., to repeat conditions proffered as part of a rezoning at a parcel on the 3300 block of Salem Turnpike, N.W., bearing Official Tax No. 2640351. The conditions placed upon the property by the adoption of Ordinance 31444 - 051793 on May 17, 1993, proposed for repeal include requiring development in substantial conformity with a site plan dated January 11, 1993, limiting the use of the property to indoor recreational uses; and reverting the zoning and uses of the property to LM, Light Manufacturing, and the uses so permitted in that district at the expiration of ten years after the rezoning of the property in 1993. The zoning of the property will remain I -1, Light Industrial District, permitting these land use categories: commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; avid accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for industrial use, but does not specify density. The proposed use of the property is building supplies and materials, wholesale and retail. Application by Coots, Cross, Lavinder & Quinn Management Company, LUC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., beating Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W. The amendments to the proffers accepted by the adoption of Ordinance No. 33561- 090297 on September 2, 1997, propose to add medical clinic as a permitted use; delete a limitation of total square footage for an office building on the property to 10,000; delete a requirement that storm water management facilities at Sugar Loaf Crossing, Phase II, be designed to release a post- development twenty -five year design storm at a rate less than the pre - development ten -year design storm peak rate; change the site plan pertaining to the property to one dated February 26, 2016, showing the arrangement of existing and proposed structures, existing parking, and existing site access; and changing the identity of the party required to develop the property. The use classes permitted in the CN District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use, but does not specify density. The proposed use of the property is a dental office. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on April 18, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on April 13, 2016, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application by Greg Digemam, on behalf of Valley Craftsmen, Inc., for property located at 1817 Salem Avenue, S.W., bearing Official Tax No. 1311507, zoned RM -2, Residential, Mixed Density, for a special exception pursuant to Section 36.2 -707, Zoning, Code of the City of Roanoke (1979), as amended, to permit a contractor or tradesman's shop, general or special trade, on the property. Application by Karen Mason, on behalf of Habitat for Humanity in the Roanoke Valley, Inc., for property located at 3435 Melrose Avenue, N.W., bearing Official Tax No. 2660120, currently zoned CN, Commercial Neighborhood, subject to a rezoning to CG, Commercial General, with conditions, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit outdoor storage on the property. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, March 29, 2016, and Tuesday, April 5, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 ti n a. carer @roanokeva. gov 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 Mr. Chris Burns Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Burns: A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W., pursuant to Ordinance No. 33561 - 090297 adopted by Roanoke City Council on September 2, 1997. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 18 at 7:00 p.m. in the Council Chamber, pending upon formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva goy, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Inc rely, �1'� V "1 Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chm'ch Avenue, S.W., Room 456 '>> Roanoke, Virginia 24011 -1536 Telephm¢: (540) 853 -2541 Eaz: (541)853 -1145 S'IEPIIANIE M. MOON REYNOLDS, MMC E -mNl: de,k(ptrnm,pkrva.,p CECELIA F. MCCOY City Clerk Deputy City Clerk March 31, 2016 CECELIAC WEBB, CMC Assistant Deputy City Clerk Mr. Chris Burns Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Burns: A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W., pursuant to Ordinance No. 33561 - 090297 adopted by Roanoke City Council on September 2, 1997. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 18 at 7:00 p.m. in the Council Chamber, pending upon formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva goy, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Inc rely, �1'� V "1 Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Mr. Chris Burns Balzer and Associates, Inc. March 31, 2016 Page 2 c: Coots, Cross, Lavinder & Quinn Management Company, LLC, 1930 Electric Road, S. W., Roanoke, Virginia 24018 J. Gregory Tinaglia, Trustee, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Linda M. and David E. Lambert, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Norris Properties, LLC, 6630 Hidden Wood Court, Roanoke, Virginia 24018 ECS Properties, LLC, 1960 Electric Road, S. W., Roanoke, Virginia 24018 J. Gregory Tinaglia, Trustee Linda M. and David E. Lambert Norris Properties, LLC ECS Properties, LLC Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W., pursuant to Ordinance No. 33561 - 090297 adopted by Roanoke City Council on September 2, 1997. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 18 at 7:00 p.m. in the Council Chamber, pending upon formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www roanokeva aov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon R ynolds, C City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Pax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk(n)roanekeva.gov CECELIA F. City Clerk Deputy City Clerk Clerk CECELIA C WEBB, CMC March 30, 2016 Assistant Deputy City Clerk J. Gregory Tinaglia, Trustee Linda M. and David E. Lambert Norris Properties, LLC ECS Properties, LLC Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, April 11, 2016 at 1:30 p.m., in the Council Chamber regarding a request from Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W., pursuant to Ordinance No. 33561 - 090297 adopted by Roanoke City Council on September 2, 1997. (See Notice of Public Hearing attached.) Pursuant to provision of Resolution No 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the Roanoke City Council Monday, April 18 at 7:00 p.m. in the Council Chamber, pending upon formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www roanokeva aov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon R ynolds, C City Clerk Enclosure PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Budding 215 Church Avenue, Raom 186 Roanoke, Virginia 24011 11 ROA N O K E Phone. 540 853 1730 Fax 540 853 1230 Email: plannmgn roanokeva.ppv Dear Adjoining Property Owner and /or Interested Party: March 24, 2016 The Roanoke City Planning Commission will hold a public hearing in order to consider the following request. The complete application can be viewed on the Planning, Building, and Development webslte at http7//` w.roanokeva.aovL1093 Active_Applications. Application by Coots, Cross, Lavinder & Quinn Management Company, LLC, successor to Coots Ward Management Company, to amend conditions proffered as part of a previous rezoning at 1930 Electric Road, S.W., bearing Official Tax Map No. 5090209, as such proffers pertain to a northern portion of an approximately 0.215 acre parcel that extends to Electric Road, S.W. The amendments to the proffers accepted by the adoption of Ordinance No. 33561. 090297 on September 2, 1997, propose to add medical clinic as a permitted use; delete a limitation of total square footage for an office building on the property to 10,000; delete a requirement that storm water management facilities at Sugar Loaf Crossing, Phase II, be designed to release a post - development twenty -five year design storm at a rate less than the pre - development ten - year design storm peak rate; change the site plan pertaining to the property to one dated February 26, 2016, showing the arrangement of existing and proposed structures, existing parking, and existing site access; and changing the identity of the party required to develop the property. The use classes permitted in the CN District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, Institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use, but does not specify density. The proposed use of the property is a dental office. The date, time and place of the public hearing scheduled by the Planning Commission on the matter are as follows: Monday, April 11, 2016, 1:30 pm City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W, Roanoke, VA 24011 According to real estate records, you own property that is adjoining the subject property or are an interested party. If you care to make any comments concerning this request, you need to attend the public hearing as listed above to voice your opinion(s) during the public hearing and consideration of this request. Also, feel free to contact Katharine Gray, Planner, at (540) 853 -1502 if you have any questions regarding the application. Sinc�erreelly,�� J W • • 6 /CJi/ Y � Tina M. Carr Secretary, Roanoke Planning Commission a C0 ITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 F": (540) 853-1145 STEPHANIE M. MOON REYNOLDS, MMC 1C., d]: elerkqq)roanoke...gov CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. WEBB, CMC April 19, 2016 Assistant Deputy City Clerk Walter C. and Margaret R. Evans 618 Gladies Street, N. W. Roanoke, Virginia 24017 Dear Mr. and Mrs. Evans: I am enclosing copy of Ordinance No. 40482 - 041816 authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City - owned property, being approximately 0.5188 acres, located at 2206 Countryside Road, N.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6431501, for the purchase price of $22,500.00, 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, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN 'I'tIECOUNCILOI; 'I'llli Cl'I'Y OFROANOKE, VIRGINIA The 18th day of April, 2016. No. 40482- 041.816. AN ORDINANCE. authorizing the City Manager to cxcculc the necessary documents providing for the conveyance of a parcel of City -owned property, being zppmxinurtely 0.5188 acres, located at 2206 Countryside Road, N.W., Roanoke, Virginia, designated as Roanoke City Official 'tax Map No. 6431501, to Waller C. Evans, Jc and Margaret Renee Evans, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on April 18, 2016, pursuant to § §15.2 -1800 and 15.2- 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that 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 parcel of City -owned property, being approximately 0.5188 acres, located at 2206 Countryside Road, N.W., Roanoke, Virginia, and designated as Roanoke City Official Tax Map No. 6431501, to Walter C. Evans, Jr. and Margaret Renee Evans, for the purchase price of $22,500, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated April 18, 2016. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: IT K�jr'ro City Clerk is 0Coavey 2206 Countryside Rd, NW.TM643I501 to Weller Evans, Jr. (418 -I6) 12 12 19 Ca In s RTWrs rur — 1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ti I I ti_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I I I I I I I I I I I I I 1 I i 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 - _ _ _ _ _ _ - _ - - _ _ _ J - _ _ - _ - _ y _ _ _ _ _ _ - _ _ _ _ _ - ti FRONT ELEVRTION SUMMERWOOD PLAN 6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - it - - - - - - - - - - - - LEFT ELEVATION covr»amosR/u��rwr / � | | | | | | | | | | | /__.---~~_-^^-~~__-_..-~-_--~~_- - . `~~-_-.--~..__~~~-_-~-~~---~_~.--___-___-_~~-~--__~-~-_~--~� -----~-^-~-------~ D�0� �|�V�TT0N .`�./n`�-�-�.vr�/��//" I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RIGHT ELEVATION MRSTER BEDROOM GRRRGE hI WIC 6-6 a l rr � TTmlO a'eo Tlm 2.s MIL4RO i/r R 1 TW W Cb FL" s 2 3/.K1 llC 2 - 1 3 /Ydl 0/C M N(1NiM IEWER 5 -11 1 /4' I H ,n -c vy H I c -u yr OOR PLRN 1. LIVING ROOM 2 -za0 r j (70) 12 Nto BEDROOM -3 2- n1 4 z -z40 lCR ro•, -2 —( 77 9 II a O Y nu la -3 t12 BATH m L�.0 DINING RRER E KI TCHEN _ BEDROOM -2 y hI WIC 6-6 a l rr � TTmlO a'eo Tlm 2.s MIL4RO i/r R 1 TW W Cb FL" s 2 3/.K1 llC 2 - 1 3 /Ydl 0/C M N(1NiM IEWER 5 -11 1 /4' I H ,n -c vy H I c -u yr OOR PLRN 1. LIVING ROOM 2 -za0 r j (70) 12 Nto BEDROOM -3 FOUNDATION PLAN 6' BFA'1 RT STER I I fWlEi L==A I E.,- I r - - -- - -- _ - -- - --------------- a.e-o wr:=o– eras fenox I i'a.rteErE wus ear Rr s-o o< a I Rrnn a:nr. ¢d L�� VU$J I _ eu F ,,piER KATER I I i I I u.6 I I 4fM P°CASI � BASEMENT `Y I FWTE 1, b 4,?1TmzLfWE- nE4IIDEffN1 � " _ _ ° °s Py'T Rl° cac'ao---r`E u"fRU s r ��rWrER I I �.Z-0 PhYtE° MRIE NYIS RLL 1 � I I II FWIER Ir9'.IB'LhC. I FmiEE I I IPffi -O rVf2➢ 1 I 4/I�'.�g'r(u` I fWrER I An �WrER GRRAGE I I `IDCE I I I I B1raorFx°O�� II II I I�s-0 _ PpJE➢ RPm 11r. ST EY{ I aac o fbC s ana' rarcn mc. s vz- yr zz -r o-. yr FOUNDATION PLAN 6' BFA'1 RT STER I I fWlEi L==A I E.,- - --------------- fmTFR IPd -0 PL.fm CMT£IE 40.L5 I _ F ,,piER KATER I I BASEMENT Oar" a°°e I I 1, b nE4IIDEffN1 � " _ _ Py'T Rl° r ��rWrER II RLL 1 � I I I I fWrER I �WrER I rd-0 Pacm ,o.eb ParrEO N WvCiSTE ufYLE PORCH i L—_ _ - - --- -- ®Rore fa.uRnm E%iEld' r aEtoa I EFME t0 Rf¢iVE cpygTE � miE: fWOiirM f[rEeGS - EEtRU rRME 10 PERIVE WXCRETE I c(IC u/�tk'a Hrrl IS'7ly4 The Roanoke Times Roanoke, Virginia Affidavit of Publication EVANS, JR, WALTER C 8 MARGARET R Agin Waller C. Evans Jr. and Margaret R. Evans CITY OF ROANOKE, CITY CLERK 215 CHURCH AVENUE, S.W. SUITE 456 ROANOKE, VA 24011 Account Number 6047316 Date April 08, 2016 Date Category Description Ad Size Total Cost 04/14/2016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 47 L 284.32 Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times I, (the undersigned) an authorized representative of the OR-111 T11 i M�a M -peree a�'6a.CE Roanoke Times, a daily newspaper in Roanoke, in the published `° °'ine yIceo4em pis, ° :i..°r <° State of Virginia, do certify that the annexed notice NOTICE OF ,m s a1Ite A" as '"Tee"" "i PUBLIC HEARING was published in said newspapers on the following dates: be ner e c °e o' Che om " 04/08/2016 Msw`..a Fell— °:,i tle a m° of It at 1540 853 211lur. 'h"11 reeee, till n —el oie ,."h theIrterh The First insertion being given ... 04/08/2016 t 114.1 d ".,,,a te15 315 °a9 °r ^^ "`" a °re. Newspaper reference: 0000294024 °c.olc fdi "°°° 1jynp1,1" ciiv (2 -024> ` B' ling Repre ent five Sworn t to' and me this Friday, April 8, 2016 dssubscribed /lbefore ` -e±• Notary Publi(. State of Virginia .',, SI zP r I, N` 99 3 _ Unry Roanoke My Co mmission expires � � N �li Vor4 ,. C ly Po6J THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU )k NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey an approximate 0.5188 acre parcel of City-owned property located at 2206 Countryside Road, N.W., Roanoke, Virginia, designated as Official Tax Map No. 6431501, to Walter C. Evans, Jr. and Margaret Renee Evans, to construct a single dwelling home. 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, April 18, 2016, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" 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, April 14, 2016. GIVEN under my hand this3lst day of March 12016. Stephanie M. Moon Reynolds, City Clerk PH sale of city property- 2206Counlrysi6e Rd, NW it) Wahca I%om. Jr tt al (4-18-16) Send Publisher's Affidavit to: City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 Send Bill to: Walter C. Evans, Jr. & Margaret R. Evans 618 Gladies Street, N.W. Roanoke, VA 24017 PI s.I,ofc,l, -,M 2206( nineme Nd. NW m herrwis. lr et aI(a1816) tr� CITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 "° Roanoke, Virginia 24011 -1536 'relephooe: (540)8538541 Pnx: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nail: derk(alroanokeva.gov CECELIA F. MCCOV City Clvk Depnp ('try Clerk April 19, 2016 CECELIAT.WEBB,CIVIC Assistant Deputy City Clerk John Garland Garland Properties P. O. Box 2476 Roanoke, Virginia 24010 Dear Mr. Garland: I am enclosing copy of Ordinance No. 40483 - 041816 authorizing the City Manager to convey a non - exclusive Pedestrian Access Easement across City -owned property, designated as Official Tax Map No. 1011204, located at 0 Campbell Avenue, S.W., to 416 Campbell Avenue, LLC, in order for 416 Campbell, LLC to provide the building located at 416 Campbell Avenue with pedestrian access and egress from the public right of way to a new entry proposed on the eastern side of such building, for a term of 40 years. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40483- 041816. AN ORDINANCE authorizing the conveyance of a non - exclusive Pedestrian Access Easement with an approximate width of 10 feet and approximate length of 22 feet, across City - owned property, designated as Official Tax Map No. 1011204, located at 0 Campbell Avenue, S.W., Roanoke, Virginia, to 416 Campbell Avenue, LLC ( "416 Campbell "); upon certain terns and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held April 18, 2016, 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 the proposed pedestrian access easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a non - exclusive Pedestrian Access Easement, with an approximate width of 10 feet and approximate length of 22 feet, across City-owned property, designated as Official Tax Map No. 1011204, located at 0 Campbell Avenue, S.W., Roanoke, Virginia, to 416 Campbell Avenue, LLC, the owner of an adjacent parcel of real property located at 416 Campbell Ave., Roanoke, VA, in order for 416 Campbell to provide the building located at 416 Campbell Ave. with pedestrian access and egiess from the public right of way to a new entry proposed on the eastern side of Such building, as more particularly Set forth in the City Council Agenda Report dated April 18, 2010. 2. The tam of' the proposed casement shall be limited to 40 years, in accordance with Section 15.2 -2100 of the Codc of Virginia (1950) as amended. 3. All documents necessary fn this conveyance shall be in it torm approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. p ATTEST: 6n,��� City Clerk O- Access Easement to 416 Campbell Ave LLC CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Request for a Pedestrian Access Easement Across City -Owned Property, Official Tax Map No. 1011204 Background 416 Campbell Avenue, LLC, is requesting a pedestrian access easement across City -owned property located at Campbell Avenue, S.W., depicted as Official Tax Map No. 101 1204. The purpose of the easement is to provide pedestrian access and egress from the pubic way to a new entry proposed on the eastern side of the adjoining building located at 416 Campbell Avenue, S.W., Official Tax Map No. 1011203. Please see Exhibit #1 for a sketch detailing the extent and location of the easement requested. The requested access easement will provide enhanced building safety and function by providing a secondary access and egress location to the building at 416 Campbell Avenue, S.W. The adjacent City -owned property is used as a parking lot for the police department, and the granting of this easement will not have any adverse impact on that use. Under applicable provisions of state law, this pedestrian access will be limited to a term of 40 years. 416 Campbell Avenue, LLC will also prepare, at its expense, a plat that describes the area and dimensions of the pedestrian easement. State Code requires City Council to hold a public hearing before it may authorize the grant of this requested pedestrian easement. Council has authorized a public hearing. Recommended Action: Following the public hearing and subject to comments made at the public hearing, authorize the City Manager to execute the Deed of Easement as described above to 416 Campbell Avenue, LLC, which pedestrian easement shall be approved as to form by the City Attorney. -- - - ------ Christop-- her P. Morrill - - - - -- City Manager Attachment: Exhibit #1 Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Barbara A. Dameron, Director of Finance Cassandra L. Turner, Economic Development Specialist C* i F�5 1t eNc.�tr - oi- -wAti �X. S�b6wALK P¢_ecery UPC i w I z. i I I 2' i i NS�E 1: 66'-1 ° IF- IIST Is FRAM tJozr l eAir AN oNc'j S�u�TUR6, lbeN62 oP Ex. ownic -p Ciy "'i�b &i0 o14(s Yi Efl S`c MI NT• CANQIhEI.I. PUC,LL(- �16 ckmnELI me L Ib62(>3 c' Xq� .tt- i — ,'90PoS =) R.o J. 6ASEMCNt rjo SCgLe Dwu Pry, MAG, 1 \) 6 'PARK1\j LOT 1"AX -J:F I00 Z04 OwNP( V 61� CtT% OF RoA N C K F T FlUE� N E LU < 0 a, E CIT'r CLERk. H:J HF'It lrfke Qanoke Times Roanoke, Virginia Affidavit of Publication GARLAND PROPERTIES LLC CITY OF ROANOKE, CITY CLERK 215 CHURCH AVENUE, S.W., SUITE 456 ROANOKE 24011 Account Number 6026128 Date April 08, 2016 Date Category Description Ad Size 77Total COSt 04114/2016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 63 L 357.28 NOTICE OF PUBLIC HEARING as entry oroo sec lo`n the -e :� ime new the building located 416 Campbells property. The term not me shall be limped accoeraan.e with s rIf the Code of Virginian 1(Inane pas amenn.c. City M. Moon Reyrnons, MMC (loolo.) 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: 04108/2016 The First insertion being given ... 04/0812016 Newspaper reference: 0000294028 Bil ng Repre entative Sworn to and subscribed before me this Friday, April 8, 2016 „ "Lx 14" Notary Public State of Virginia h ` n 9 ,c trw cT+Nn. -. City/County of Roanoke 982) S My Commission expires Ltj30�tcb (R�3of($. u `�LSCV p0�p;r THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU WQ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a non - exclusive pedestrian access easement across a vacant City -owned parcel of real property located at 0 Campbell Avenue, S.W., designated as Official Tax Map No. 1011204, which is currently used by the City for parking space, to 416 Campbell Avenue, LLC ( "416 Campbell "), the owner of an adjacent improved parcel located at 416 Campbell Ave. S.W., at 416 Campbell's request. The proposed easement will have an approximate width of 10 feet and approximate length of 22 feet, and is for the purpose of providing pedestrian access and egress from the public right of way to a new entry proposed on the eastern side of the building located on 416 Campbell's property. The tens of the easement shall be limited to 40 years, in accordance with Section 15.2 -2100 of the Code of Virginia (1950) as amended. Pursuant to the requirements of §15.2 -1800 and §15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on April 18, 2016, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on April 14, 2016. GIVEN under my hand this 3lstday of March ,2016. Stephanie M. Moon, CMC City Clerk. Send Publisher's Affidavit to: City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 Send Bill to 416 Campbell Avenue, LLC c/o Garland Properties P. O. Box 2476 Roanoke, VA 24010 (540) 798 -8431 John S. D'Orazio President and Chief Executive Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 -3007 Dear Mr. D'Orazio: I am enclosing copy of Ordinance No. 40484 - 041816 authorizing the City Manager to execute the necessary documents providing for the conveyance of a 40 year non- exclusive gas line easement, with an approximate width of 10 feet, across City -owned property located adjacent to Brambleton Avenue, S.W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company, to allow Roanoke Gas to construct, install, and thereafter maintain and replace a gas line to provide utility service to adjacent and neighboring properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher R Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer CIa TY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 "Telephone (540)853 -2541 N §x: (5411)853 -1145 SI EFIIANIE M. MOON REYNOLDS, MM( F" -mail: ek, k(rnrounakeva.guv CECELIA F. MCCOY City Clerk Deputy City Clerk April 19, 2016 CECELIA T. WEBB, CMC Assistant Deputy City Clerk John S. D'Orazio President and Chief Executive Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 -3007 Dear Mr. D'Orazio: I am enclosing copy of Ordinance No. 40484 - 041816 authorizing the City Manager to execute the necessary documents providing for the conveyance of a 40 year non- exclusive gas line easement, with an approximate width of 10 feet, across City -owned property located adjacent to Brambleton Avenue, S.W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company, to allow Roanoke Gas to construct, install, and thereafter maintain and replace a gas line to provide utility service to adjacent and neighboring properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher R Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN TIIE COUNCIL OFT) IE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40484- 041816. AN OR FINANCE authorizing the conveyance of a forty (40) year non- exclusive gas line casement, with an approximate width of ten (10) feet, across City -owned property located adjacent to Brambleton Avenue, S.W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company ( "Roanoke Gas "), upon certain terns and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held April 18, 2016, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which (rearing all parties in interest and citizens were afforded an opportunity to be heard oil the proposed conveyance of such gas line easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that- 1. 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 gas line easement, with all approximate width of ten (10) feet, across City -owned property located adjacent to Brambleton Avenue, S.W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company, to allow Roanoke Gas to construct, install, and thereafter maintain and replace a gas line, for theputpose of providing utility service to adjacent and neighboring properties, as more particularly set forth in the City Council Agenda Report dated April 18, 2016, and the attachment to that letter. 0- AuWorize easnnem to Roanoke G., 9 -8 -15 City Atlomcy. All doeLlnleIlt8 nwessary lix Lhis conveyance shall be in a harm approved by the Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. rrESr: City Clerk � 0- Authorize o Roanoke Gas. 9 -8 -15 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 18, 2016 Subject: Request to Convey Roanoke Gas Company a Ten Foot Wide Gas Line Easement Along Brambleton Avenue, Inside the Boundary of City -Owned Property Also Known As Tax Map No. 1350601, Lakewood Park Background: Roanoke Gas Company has requested a ten foot wide gas line easement along Brambleton Avenue just inside the boundary of city -owned property, identified as Official Tax Map No. 1350601 (Easement). Such Easement is for a term not to exceed 40 years. The Easement is needed in order to supply gas utility service to parcels that adjoin or are located nearby. The City of Roanoke will grant Roanoke Gas Company the authorization to construct, install, operate, repair, and maintain a gas pipeline (with appliances and accessories useful and necessary in connection therewith) over, under, through and across its land. The proposed Plat is attached. Recommended Action: Following the public hearing and subject hearing, authorize the City Manager to described above to Roanoke Gas Company, to form by the City Attorney. Christopher P. Morrill City Manager Attachment to comments made at the public execute the Deed of Easement as such easement shall be approved as Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Manager for Community Dev. Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Steven Buschor, Director Parks and Recreation Cassandra L. Turner, Economic Development Specialist •• ° ) ] ! 1... , . ! \! /) ¢! %| � . � } „ ,r wo ®— msV a ) ` e ! : } \m -- - - AO �/\!r I }` z \ `1 ! 5- m\ »_ _ - -- } 8` »; 6 !` - -- -- - - - - -- 2 % � : ; tE ! "IT�+�81K8311�k�'tIR1s 25 � Account Number Roanoke, Virginia 6016546 Affidavit of Publication Bate April 08, 2016 CITY OF ROANOKE, GITY CLERK 215 CHURCH AVENUE, S.W. SUITE 456 ROANOKE 24011 Date Category Description I, the Ad Size Total Cost 04/1412016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose i x 55 L 320.80 Publisher of the NOTICE OF PUBLIC HEARING I Roanoke Times TIO city or P nokc Pr M-1 t The First insertion being 04108/2016 a a ad aor I, the wine ° width lo feet, a. avn;o i , °ev (the undersigned) an authorized representative of City a u, a meealro° wee 1k °Faro vMan Roanoke Times, a daily newspaper ublished in Roanoke, in the Y P Of n clal Tsar No. 13soW 1. located l° e. State of Virginia, do certify that the annexed notice NOTICE OF woke, vohl.ni.° ma—dru mpaw (e For—ooea as ).af okanoke PUBLIC HEARING was published in said newspapers on the be as —Pro- P�ovl /+ ob the following dates: and oralmaod o r— m0elook .rael,.e 04/08/2016 inn [° he het. ° a at, 1d ".a P tTereafter as the Matte, fi or . ° °`oh'mPi v.—o o The First insertion being 04108/2016 ° Noel given... Ml ,oke. v �io„„ai`-, Ff o11`.e of coo ctv o ythe Clerk forr the n ke (540) Newspaper reference: 0000294030 ass -zs41. me Corday mallard be as —Pro- P�ovl /+ ob the /✓/ d wh dl�aeln�.•"wno � crane.° a�eommoaae °0: for ties rid 1. ol— le ... roof the eltr cbr 's ice 15401 853 -2541, before 1 °11114.3(16. °7o °E °del my n ° °° `n15 °`° day 13 iBig Repres ntative °f Ain't S ehh—le M. M... Rev..lda. MMe. ufv ae11.. Sworn to and subscribed before me this Friday, April 8, 2016 rzs4mo1 Notary Public H. State of Virginia '- e615rtwliON NC = oevn�a City/County of Roanoke •m. -( rul =c .r My Commission expires '. 'naexi- dOram a, aJL THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a gas line easement, with an approximate width of 10 feet, across City -owned property known as Lakewood Park, and identified by Official Tax Map No. 1350601, located along Brambleton Avenue, S.W., Roanoke, Virginia, to Roanoke Gas Company (`Roanoke Gas "), at Roanoke Gas's request, in order for Roanoke Gas to construct, install, operate, repair, and maintain a gas pipeline to serve adjacent properties. Pursuant to Section 15.2 -2100, Code of Virginia (1950) as amended, the term of this easement is 40 years. 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 April 18, 2016, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on April 14, 2016. GIVEN under my hand this 4thday of April , 2016. Stephanie M. Moon, CMC City Clerk. Send Publisher's Affidavit to: Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke 215 Church Avenue, S.W., Suite 456 Roanoke, VA 24011 Send Bill to: Sohn S. D'Orazio, President and Chief Executive Officer Roanoke Gas Company P. O. Box 13007 Roanoke, VA 24030 -3007 540- 777 -4427 April 19, 2016 Gary Fish, Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Dear Mr. Fish: CECELIA T. WEDD, CIVIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40485 - 041816 authorizing the City Manager to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia and Deschutes Brewery, Inc., for construction and operation of a brewery and warehouse facility, 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, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds,MIN(TIC� City Clerk Enclosure c: Karnopp Petersen, LLP, Attention: Jon J. Napier, 360 SW Bond Street, Suite 400, Bend, Oregon 97702 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development CITY OF ROANOKE 60 OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)553 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nu dk cicrk(i}rounokeea.gor CECELIA F. MCCOV City Clerk Deputy City Clerk April 19, 2016 Gary Fish, Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Dear Mr. Fish: CECELIA T. WEDD, CIVIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40485 - 041816 authorizing the City Manager to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia and Deschutes Brewery, Inc., for construction and operation of a brewery and warehouse facility, 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, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds,MIN(TIC� City Clerk Enclosure c: Karnopp Petersen, LLP, Attention: Jon J. Napier, 360 SW Bond Street, Suite 400, Bend, Oregon 97702 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development rj I NTIIECOl1NCILOF'It I F CfIYOF ROANOKE, VIRGINIA The 18rh day of April, 2016. No. 40485- 041816. AN ORDINANCE authorizing the City Manager to execute it Contract for Purchase and Sale of Real Property (the "Contract") between the City of Roanoke, Virginia (the "City'), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (the "Parent'), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the `Buyer "), to sell to the Buyer certain real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230101 (the "Property "), for the construction and operation of a brewery and warehouse facility (the "Facility'), upon certain terms and conditions; authorizing the City Manager to accept a Nonnegotiable Promissory Note (the "Note ") from the Buyer in the principal amount of $2,750,000 obligating the Buyer to pay the City, subject to the terns of the Note, the principal amount together with accrued interest at the rate of one percent (I%) per annum, as set forth in the Note; authorizing the City Manager to execute a Deed of Trust between the City and the Buyer in which the Buyer will grant a first priority Deed of Trust on the Property to the City to secure payment and performance of the Note by the Buyer, as required by the terms of the Contract; authorizing the City Manager to execute such further documents and take such farther actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, City is the owner in fee simple of the Property, and the City is desirous of selling the Properly to the Buyer and the Buyer is desirous of acquiring the Property for the construction and operation of the Facility; WHEREAS, the City proposes to execute a Contract (the "Contract'), in the form of the Contract attached to the City Council Agenda Report dated April 18, 2016 (the "Agenda Report"), with the Buyer for the purchase of the Property for the sum of $2,750,000, together with other consideration and performance of other obligations by the Buyer; WHEREAS, the Buyer agrees to execute a Note (the "Note "), in the form of the Note attached to the Agenda Report, in the principal amount of $2,750,000, obligating the Buyer to pay the City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Note, under which Note principal and accrued interest shall be due in five (5) equal annual installments of principal together with all accrued and unpaid interest on the unpaid principal balance of this Note; provided that each installment payment shall be deemed paid and satisfied in full as it comes due, and the Buyer shall be under no obligation to pay that installment payment to the City, if, at the time an installment is due, the Buyer has performed its obligations as provided under the terms of the Note and Section 19 of the Contract; and provided further that, if an Event of Default, as set forth in the Note, has occurred, the City may accelerate payment of the remaining unpaid balance due under the Note and demand payment in full of the unpaid principal balance of the Note, together with all accrued interest thereon; WHEREAS, upon sale of the Property to the Buyer, the Buyer will grant a first priority Deed of Trust on the Property, in the form of the Deed of Trust attached to the Agenda Report (the "Deed of Trust"), to the City to secure payment and performance of the Note by the Buyer, 2 as required by the terms of the Contract; and the Decd of Trust provides the City with the power to sell the Property at Fla reCleSUrc sale in the event of a material default as defined in the Deed of "Dust; and the Decd of Trust further provides that, upon satisfaction in lull of all obligations of the Buyer undo the Note and Decd of Trust, the City will release and discharge the Deed of Trust; WHEREAS, a public hearing was held on April 18, 2016, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all patties in interest and citizens were afforded an opportunity to be heard on such conveyance; and WHEREAS, after closing the public hearing, Council believes that the sale of the Property to the Buyer in accordance with the terms of the proposed Contract, Note, and Deed of Trust, will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Council finds the sale of the Property will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the Agenda Report , to sell to the Buyer the Property for the purchase price of $2,750,000, together with other consideration and performance of other obligations by the Buyer, for the construction and operation of the Facility, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report . 1 The City Manager is hereby authorized on behalf of the City to accept a note, substantially similar to the Note attached to the Agenda Report, obligating the Buyer to pay the City, subject to the terms of the Note, the principal amount together with acemed interest at the 3 rule of one percent (1 %) per annum, as set firth in the Note, upon such terms and conditions as more particularly set firth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release and discharge the Note in accordance with the terms ofthe Note. 4. The City Manager is hereby authorized on behalf of the City to execute and accept a Deed of Trust, substantially similar to the Deed of Trust attached to the Agenda Report, in which the Buyer will grant a first priority Tien on the Property to the City to secure payment and performance of the Note by the Buyer, as required by the terns of the Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Deed of Trust in accordance with the terns of the Deed of Trust. 5. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, the Note, and the Deed of Trust, and complete the sale and transfer of the Property to the Buyer. 6. 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 the Buyer pursuant to the Contract, Note, and Deed of Trust. 7. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 4 Pursuant to tho provisions of Section 12 ol'the City Chmter, the second rcadingo( this Ordinance by title is hereby dispensed with. A.L.I..S7.; �� �� City Clem MOwn � Meeting: April 18, 2016 Subject: Sale of City -Owned Property Located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia (Official Tax Map No. 7230101) to Deschutes Brewery, Inc. and /or its subsidiaries and affiliates. Background The City of Roanoke (City) is the owner of a parcel of land, consisting of approximately 49.4173 acres, located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia (Official Tax Map No. 7230101) (Property). Deschutes Brewery, Inc., (Deschutes) an Oregon corporation qualified to transact business in the Commonwealth of Virginia, has submitted a proposal to purchase the Property and to construct a brewery and warehouse facility (Facility). The attached proposed Contract for Purchase and Sale of Real Property (Contract) contains the terms and conditions for conveying the Property to Deschutes. The Contract provides that the sale of the Property will be made to Deschutes or its subsidiaries or affiliates (Subsidiaries) that may be created to own and /or operate the Facility. Considerations: Deschutes proposes to construct the Facility at an estimated cost of $40,000,000 for the building and $45,000,000 for production machinery. Initial employment at the Facility is projected to be 108 employees. The Contract provides a purchase price of $2,750,000. Deschutes and its Subsidiaries agree to execute a Note, substantially similar to the Note attached to this Agenda Report, in the principal amount of $2,750,000, obligating Deschutes and its Subsidiaries to pay the City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Note, under which Note principal and accrued interest shall be due in five (5) equal annual installments of principal together with all accrued and unpaid interest on the unpaid principal balance of this Note; provided that each installment payment shall be deemed paid and satisfied in full as it comes due, and Deschutes and its Subsidiaries shall be under no obligation to pay that installment payment to the City, if, at the time an installment is due, Deschutes and its Subsidiaries have performed their obligations as provided under the terms of the Note and Section 19 of the Contract; and provided further that, if an Event of Default, as set forth in the Note, has occurred, the City may accelerate payment of the remaining unpaid balance due under the Note and demand payment in full of the unpaid principal balance of the Note, together with all accrued interest thereon. The primary requirements to avoid an Event of Default are: • Develop the Property substantially in accordance with the Proposal (Contract Exhibit 2); • Commence construction by no later than June 1, 2019; • Invest a minimum of $55,000,000 in building improvements and equipment; • Complete construction, and begin commercial production and sale of beer by no later than June 1, 2021, • Employ and maintain at least 70 full -time employees. Prior to Closing, Deschutes shall have been authorized or approved for certain incentives, as defined in the proposed Contract, including grants from the Commonwealth of Virginia (including a Commonwealth's Development Fund Opportunity Grant), and from the Economic Development Authority of the City of Roanoke, Virginia, as more specifically described in the proposed Contract. The Contract further provides that upon sale of the Property, Deschutes or the Subsidiary of Deschutes that will own the Facility will grant a first priority Deed of Trust, substantially similar to the Deed of Trust attached to this Agenda Report, on the Property to the City to secure payment and performance of the Note by Deschutes. The Deed of Trust provides the City with the power to sell the Property at foreclosure sale in the event of a material default as defined in the Deed of Trust. The Deed of Trust further provides that, upon satisfaction in full of all obligations of Deschutes and its Subsidiaries under the Note and Deed of Trust, the City will release and discharge the Deed of Trust. The Contract provides Deschutes with a 120 day Inspection Period for a due diligence review, and a 270 day Approval Period that can be extended an additional 270 days to obtain all Permits and Approvals. Closing on the Property shall occur no later than May 1 , 2018. Following Closing, the City commits to make the following public infrastructure improvements: • Extend Blue Hills Drive, N.E., from its current termination point to the Property; • Extend water, sewer, and high speed internet service to the Property; • Extend Tinker Creek Greenway to Mason Mill Park and provide a connection to the Property; • Relocate and place underground the electric lines currently crossing the Property , • Install five (5) brewery directional signs and four (4) additional street lights along 13 '" Street, N.E., and Mason Mill Road, N.E. The Contract also requires the City to exercise good faith efforts to acquire certain parcels of real property adjacent to the Property (Adjacent Parcels) and transfer those Adjacent Parcels to Deschutes or its Subsidiaries during the term of the Contract and through the term of the Note. The Adjacent Parcels are described in Exhibit 6 to the proposed Contract. Each acquisition and transfer of any of the Adjacent Parcels shall be subject to further action and approval by City Council. Recommended Action: Absent comments at the public hearing to the contrary, approve the attached ordinance authorizing the City Manager to execute a contract substantially similar to the Contract attached to this Agenda Report; and at Closing, execute and deliver a Special Warranty Deed conveying the Property to Deschutes or one or more of its Subsidiaries; accept a note and deed of trust, substantially similar to the respective Note and Deed of Trust attached to this Agenda Report; and execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Contract, the Note, and the Deed of Trust. All documents are subject to approval as to form by the City Attorney. -'--- -- --- Christopher P. Morrill City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development DRAFT DATE: 4.7.2016 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract for Purchase and Sale of Real Property ( "Contract" or "Agreement ") is entered into effective , 2016 ( "Effective Date "), by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City"), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia ( "Parent "), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the `Buyer"). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, Official Tax Map No. 7230101, containing approximately 49.4173 acres, as shown and described more particularly in the attached Exhibit I ( "Property"); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for the construction and operation of a brewery in accordance with Buyer's proposal attached hereto as Exhibit 2, together with such supplements, additions, and amendments that Buyer shall make prior to Closing, accepted by Seller and which acceptance shall not be unreasonably withheld, and shall be attached hereto (collectively, the "Proposal "); WHEREAS, the Property is currently undeveloped and situated within the Roanoke Centre for Industry and Technology; WHEREAS, Buyer proposes to make substantial improvements to the Property for the construction, equipping, and operation of a brewery and warehouse facility ( "Facility") that will employ at least 70 Full -Time Employees as of June 1, 2021; WHEREAS, the City recognizes that the development, construction, and operation of the Facility will require the expenditure of significant sums for the acquisition and installation of specialized machinery and equipment for the operation of the Facility in accordance with all applicable federal, state, and local laws, rules, regulations, and ordinances; WHEREAS, Buyer has requested Seller to make certain public infrastructure improvements to assist in the development of the Project and Seller is willing to make certain public infrastructure improvements in accordance with the terms of this Contract; WHEREAS, Buyer has requested economic assistance from the City and the Economic Development Authority of the City of Roanoke, Virginia ( "EDA "), to assist with the costs of the acquisition and installation of specialized machinery and equipment necessary for the construction and operation of the Facility; and Conlwtt for Sale -Draft 4,72016 1 DRAFT DATE: 4.7.2016 WHEREAS, the City and EDA desire that development of the Facility as described in the Proposal proceed and the City and EDA have determined that the Project will promote economic development within the City and within the Roanoke Region and the Project will provide additional tax revenue, services, and employment opportunities to benefit the citizens of the City and the Roanoke Region. THEREFORE, for and in consideration of the mutual covenants and conditions set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: "Buyer Post - Closing Covenants" has the meaning set forth in Section 19 below. "Closing" means the consummation of the transaction set forth in this Contract by Seller's conveyance of the Property to Buyer pursuant to the Deed. "Closing Date" is defined in Section 10 below. "Construction Activity" means the receipt of all Permits and Approvals necessary for the commencement of site work on the Property, and the initiation of such site work. "Commencement Date" means the date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity, which date shall be no later than June 1, 2019. "Contemplated Use" means the development of the Property by Buyer for the purpose of developing a brewery and warehouse for the commercial production and sale of beer. "Days" means, unless otherwise stated, consecutive calendar days. "Deed" means a special warranty deed conveying title to the Property in a form and substance reasonably acceptable to Buyer. "Deed of Restriction" means the Deed of Restriction to the Roanoke Centre for Industry and Technology, as amended, dated February 15, 2012, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. "Deed of Trust" means the deed of trust that shall be substantially in the form of Exhibit 3 attached hereto and made a part hereof, granted by Buyer to Seller to create a first Contract for Sale -Draft 4.72016 7 DRAFT DATE: 4.7.2016 priority lien on the Property to secure payment and performance of Buyer's obligations under the Promissory Note and the Restrictive Covenants. "Earnest Money" means the deposit of $10,000 previously made by Buyer in accordance with the LOL "Full -Time Employees" means new permanent full -time employment of an indefinite duration at the Facility, for which the standard fringe benefits are provided by Buyer for each of the Full -Time Employees, and for which each of the Full -Time Employees receives a minimum of at least $12.69 per hour, not including health insurance benefits and other standard fringe benefits. Each job for Full -Time Employees must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of Buyer's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth of Virginia, and positions with construction contractors, vendors, suppliers and similar multiplier or spin - offjobs shall not qualify as such jobs. "Governmental Authority" means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Facility. "LOP" means the Letter of Intent executed by Buyer and Seller dated as of December 31, 2015, with respect to the proposed purchase and sale of the Property. "Permits and Approvals" mean all permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Facility or otherwise in connection with the Project, all such permits, approvals, consents, and authorizations having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. "Plans" or "Plan" mean the design plans and /or drawings and /or other documents as approved by the City of Roanoke Department of Planning, Building and Development. "Production Date" means June 1, 2021. "Project" means and includes the design, engineering, and construction of the Facility to be developed by Buyer in accordance with the Proposal, as well as any related and/or connected work that may be required and /or done on any part of the Property. "Promissory Note" means the promissory note substantially in the form of Exhibit 4 attached hereto and made a part hereof, in the principal amount of $2,750,000, together with interest at the annual rate of 1 %, to be executed by Buyer and delivered by Buyer to Seller as payment of the Purchase Price. Coniml for Sale -Draft 4 .] 2016 1 DRAFT DATE: 4.7.2016 "Property" means the real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7230101, and containing approximately 49.4173 acres, together with all improvements thereon. The Property is a portion of the property conveyed to Seller by (i) deed dated October 2, 1989, from Anderson Wade Douthat, III, and Frances Brown recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1610, Page 205; (ii) deed of correction dated October 3, 1989, from Nancy D. Goss, L.W. Goss, James F. Douthat, Ann Scott Douthat, Anderson Wade Douthat III, and Frances Brown recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1612, Page 1155; and (iii) deed dated June 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1624, Page 1883. The Property is more particularly described in Exhibit I attached hereto and made a part hereof. The description of the Property will be amended to reflect the description established by the final survey obtained by Buyer and prepared by Lumsden Associates, P.C., entitled "Plat Showing ALTA /ACSM Land Title Survey of Tract I -A (49.4173 acres /2,152,616 Square Feet)(Map Book 1, Pages 2966- 2967), Property of the City of Roanoke, Virginia (Deed Book 1610, Page 205), situated at #2002 Blue Hills Drive, NE, Roanoke, Virginia," with a date of March 7, 2016, and last revision date of ( "Plat'). "Proposal" is defined in the Recitals. "Public Infrastructure Improvements" is defined in Section 20 of this Contract. "Purchase Price" means the sum of $2,750,000 to be paid by Buyer for the acquisition of the Property from Seller. Buyer shall pay the Purchase Price by execution, delivery, and performance of the Promissory Note. "Restrictive Covenants" means the obligations of Buyer under Section 19.B. below. "Substantial Completion' or "Substantially Completed" means the Facility is sufficiently complete so that it may be occupied and utilized for the Contemplated Use. "Title Company" means any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller, on and subject to all the terms, covenants, and conditions set forth in this Contract. SECTION 3. PAYMENT OF PURCHASE PRICE. Buyer shall execute, deliver, and perform the Promissory Note and Deed of Trust as payment of the Purchase Price. At Closing Seller shall return the Earnest Money to Buyer. Buyer further agrees to promptly pay for the actual, reasonable costs for any advertisement of required public hearing(s) related to the sale of the Property under this Contract. Pursuant to the laws of the Commonwealth of Virginia, Seller must advertise notice of a public hearing before Contract for Sale -Draft 4 .) 2016 4 DRAFT DATE: 4.7.2016 Roanoke City Council once in a newspaper of general circulation within Roanoke City. Any reimbursement for such authorized costs shall be made directly to the entity providing the advertising at such payment address as is provided by such entity providing the advertising. SECTION 4. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have one hundred twenty (120) Days following the Effective Date to complete Buyer's due diligence review of the Property ( "Inspection Period "). Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereon be terminated and of no further force and effect and the Earnest Money shall be returned to Buyer, unless Seller and Buyer mutually agree to modify this Contract to address such issue(s). B. In connection with Buyer's due diligence review referenced above, Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on the Property at any time during the Inspection Period on not less than two (2) working days prior written notice to Seller, to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary or advisable to complete Phase 1 and Phase 11 Environmental Assessments, geotechnical assessments, nondestructive engineering evaluations of the Property, to otherwise perform Buyer's due diligence with respect to the Property, and to store property and equipment, on the following terms and conditions: I. If Buyer exceeds its rights granted under this Section 4 or fails to obtain and maintain the insurance required by this Section 4, Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 4. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 4 to a condition equal to that existing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer shall indemnify and hold Seller harmless from any loss, damage, or claim arising out of Buyer's access to the Property pursuant to this Section 4 for the purpose of making tests, inspections, studies, and other investigations. Buyer's indemnity obligations hereunder are conditioned Cortmet for Sale -Draft 4 72016 DRAFT DA-1 E 4.7.2016 on Seller: (i) promptly notifying Buyer in writing of any claim; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. Under no circumstance shall Buyer be obligated to indemnify or defend Seller for or from Seller's own negligence, willful misconduct or unlawful act or omission, or any claim resulting from any of the foregoing. 4. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 4. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 4. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, Buyer agrees to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against Seller if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under this Section 4 and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary C.t.d far Sale -Dren 4 7 2016 DRAFT DATE` 4.72016 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 coverages required by this Section 4, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to Seller. All insurance shall also meet the following requirements: Buyer shall furnish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that Buyer is able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. 7. Buyer, in performing its inspections on the Property pursuant to this Section 4 shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. 8. On the request of Seller, Buyer shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. All such deliverables shall be without any warranties whatsoever, and neither Buyer nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to Seller regarding such report or opinion, or any information contained therein, and Seller may not rely on any such report or opinion, or any information contained therein. SECTION 5. PERMITS AND APPROVALS. Buyer shall have 270 Days ( "Approval Period ") beginning on the expiration of the Inspection Period to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Facility. Buyer may extend the Approval Period for an additional period of 270 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Facility, or to satisfy itself that such Permits and Approvals will be available. Contract for Sale -Draft 4 7 2016 DRAFT DATE: 4.7.2016 SECTION 6. TITLE. Buyer's obligation to purchase the Property is conditioned on the Property being conveyed by Seller to Buyer, with special warranty covenants, and free of encumbrances created or suffered by Seller except for such encumbrances that constitute Permitted Encumbrances. "Permitted Encumbrances" means and includes only the following: A. Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; B. The Deed of Restriction; C. Special exceptions 2 through 16 in the preliminary title report of Fidelity National Title Insurance Company dated January 12, 2016 ( "Title Report"), and special exception 17 in the Title Report for all matters identified in special exception 17, other than matters created, granted, or suffered by Seller during the period when Seller had title to the Property; D. The conditions on the Plat; E. The Deed of Trust; F. The Restrictive Covenants; and G. The limitation on transfers of the Property set forth in Section 19.C. of this Contract. SECTION 7. INCENTIVES AND EDA GRANT. Buyer's obligation under this Contract to close the purchase of the Property is expressly subject to and conditioned on the authorization or approval of the following incentives and grants available to Buyer, or requested by Buyer, from the Commonwealth of Virginia or the City (collectively, "Incentives "): A. Authorizations by the Commonwealth of Virginia: 1. A grant from the Commonwealth's Opportunity Fund in an amount commercially reasonable and on terms and conditions acceptable to Buyer. 2. A grant from the Virginia Jobs Investment Program in an amount commercially reasonable and on terms and conditions acceptable to Buyer. 3. State Enterprise Zone Grants consisting of a Real Property Investment Grant and a Jobs Creation Grant on commercially reasonable terms and conditions acceptable to Buyer. 4. State Manufacturing Sales and Use Tax exemption on commercially reasonable terms and conditions acceptable to Buyer. Contred far Sa1e -0talt 4 ,] 2016 DRAFT DA "I E: 4.72016 B. Approval or authorization by City Council of Performance Agreement Regarding Operation Period Economic Development Grant ( "EDA Operation Grant) acceptable to Buyer, the City, and the EDA that includes future grant funds with respect to the provision of a grant based on an amount equal to 50% of certain tax revenues actually received by the City from the Project after completion of construction of the Facility for a period of four (4) years, and in a form substantially similar to Exhibit 5 attached hereto and made a part hereof. 2. City Enterprise Zone Grants consisting of building permit fee rebates, and water, fire, and sewer hookup rebates. The grant from the Commonwealth's Opportunity Fund identified above. C. Approval or authorization by EDA of: I. The EDA Operation Grant documents. 2. Job Training Grant in an amount and on commercially reasonable terms and conditions acceptable to Buyer. 3. EDA Construction Grant in an amount and on commercially reasonable terms and conditions acceptable to Buyer. 4. The grant from the Commonwealth's Opportunity Fund identified above. Seller shall use its best efforts to assist Buyer in applying for the Incentives. If during the Approval Period, as extended, Buyer determines in its sole discretion that the Incentives have not been approved and /or awarded in amounts and on commercially reasonable terms and conditions that render the Project economically viable, then Buyer shall have the right to terminate this Contract by providing written notice to Seller of such termination, in which event the Earnest Money shall be returned to Buyer and neither party shall have any further rights or obligations under this Contract. SECTION 8. CONDITIONS TO BUYER'S OBLIGATION TO CLOSE. A. The following are conditions precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract: The fulfillment to Buyer's reasonable satisfaction of Seller's obligation to convey title to the Property on the Closing Date to Buyer pursuant to the terms and conditions of this Agreement. 2. Buyer shall have obtained, at Buyer's expense, all Permits and Approvals Buyer deems necessary or advisable for the construction of the Facility. Com.t fuv Sale -Draft 4 ? 2016 DRAFT DA FE: 4.7.2016 3. Buyer must be satisfied in its sole discretion with the results of its due diligence and inspections of the Property, including, without limitations, those undertaken pursuant to Section 4 above. 4. Buyer must have approved and accepted in its sole discretion all Incentives in accordance with Section 7 above. 5. Seller must not be in default of Seller's obligations under this Contract, and Seller's representations and warranties in this Contract must remain true and correct as of the Closing. 6. The Title Company's commitment to issue, on payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy') insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Permitted Encumbrances. All of the foregoing conditions are for the benefit of Buyer, and Buyer may choose, in Buyer's sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. SECTION 9. CONDITIONS TO SELLER'S OBLIGATION TO CLOSE. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer must not be in material default of its obligations under this Contract, and Buyer's representations and warranties in this Contract must remain true and correct as of the Closing. The foregoing conditions are for the benefit of Seller, and Seller may choose, in Seller's sole discretion, to proceed with the Closing despite having knowledge that one or more of the above conditions have not been satisfied. SECTION 10. CLOSING DATE. The Closing of this transaction shall occur prior to May 1, 2018, on a date selected by Buyer ( "Closing Date ") that is within thirty (30) days to one - hundred twenty (120) days after satisfaction of all conditions set forth in Section 8 above. Buyer shall provide Seller with not less than thirty (30) days advance written notice of the Closing Date. The Closing shall occur at a mutually acceptable time (anticipated to be approximately 10:00 A.M) on the Closing Date in the Office of the City Attorney, or at such other location and time as shall be approved by Buyer and Seller. SECTION 11. CLOSING DELIVERABLES & MECHANICS. A. Seller's Obligations at Closing. On the Closing Date, Seller shall sell and convey the Property to Buyer by delivering or causing to be delivered to Buyer the following: 1. The duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; Contract for Sale - rft 672016 10 DRAFT DA FE: 4.7.2016 2. A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; 3. Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; 4. A written certification that Seller's representations and warranties in Section 16 of this Agreement remain true and correct as of the Closing; 5. A duly executed counterpart of a Closing Statement; and 6. Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. B. Buyer's Obligations at Closing. At the Closing, Buyer shall Purchase the Property from Seller for the Purchase Price by executing and delivering the Promissory Note and Deed of Trust to Seller. C. Prorated Expenses. At Closing, real property taxes (if any), and storm water utility fees shall be prorated with Seller responsible for all periods prior to Closing and Buyer being responsible for all periods thereafter. The settlement of any such amounts between Buyer and Seller shall occur at Closing or as soon as reasonably possible thereafter. D. Title Policy. Buyer shall cause the Title Company to issue and deliver the Title Policy to Buyer after the Closing Date. E. Buyer's Expenses. Buyer shall pay for (i) the cost of all Buyer's investigations of the Property including but not limited to Buyer's examination of title; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed; and (iv) the title insurance premiums for issuance of the Title Policy. F. Seller's Expenses. Seller shall pay (i) the Grantor's tax, if any; and (ii) all attomey's fees and expenses incurred by legal counsel to Seller, if any. G. Possession. Seller shall deliver exclusive possession of the Property to Buyer on the Closing Date, subject to the provisions of this Contract. Contact for sale -Draft 4.12016 11 DRAFT DA FL: 4.7.2016 SECTION 12 ACQUISITION OF ADDITIONAL PARCELS. In developing plans for the expansion of Roanoke Centre for Industry and Technology, Seller has sought to acquire certain parcels of real property, together with buildings and improvements thereon, situated in Roanoke, Virginia and adjacent to the Property (collectively, the "Adjacent Parcels "). The Adjacent Parcels are more particularly described in Exhibit 6 attached hereto and made a part hereof. The City has been seeking to acquire the Adjacent Parcels through good faith negotiations with the owners of the Adjacent Parcels, and shall continue to exercise Seller's best efforts to acquire title to the Adjacent Parcels. Seller's obligation under this Section 12 shall automatically terminate and expire (i) upon satisfaction in full or payment in full of the Promissory Note; or (ii) Buyer's breach of the Restrictive Covenants; whichever event occurs first. In the event that City Council approves the acquisition of any or all of the Adjacent Parcels prior to satisfaction in full of all obligations under the Promissory Note, Buyer and City agree to amend this Agreement to include such Adjacent Parcels into this Contract. Any such amendments to this Contract will include increasing the Purchase Price and the principal amount of the Promissory Note and amendments to the Deed of Trust, by the amount paid by the City for each of the Adjacent Parcels so acquired; subject to Buyer's written pre - approval of any such additional amount. The acquisition of each of the Adjacent Parcels by Buyer shall be subject to Buyer's approval, including, without limitation, Buyer's satisfaction as to the condition and zoning, and the status of title, of and to each of the Adjacent Parcels to be acquired by Buyer from Seller. Seller shall provide Buyer with all reports, inspections and other information obtained by Seller with respect to each of the Adjacent Parcels. Any increase in the principal amount of the Promissory Note as required pursuant to this Section 12 shall not extend the term of the Promissory Note. Any increase in the principal amount of the Promissory Note pursuant to this Section 12 ( "Note Increase ") will result in an amendment to the Promissory Note increasing (by the amount of the Note Increase) the amount of principal and interest owing under the Promissory Note. For avoidance of any doubt, such additional principal and interest shall be eligible for forgiveness over the remaining term of the Promissory Note subject to the conditions for forgiveness under the Promissory Note. The acquisition of any of the Adjacent Parcels and each amendment of this Contract, Promissory Note, and Deed of Trust as set forth in this Section 12 shall be subject to separate approval by Roanoke City Council, following notice and public hearing as may be required pursuant to the laws of the Commonwealth of Virginia. Prior to the termination of Seller's obligations under this Section 12, Buyer shall be responsible for the actual, reasonable cost of the advertisement of notice of each public hearing for the acquisition of each of the Adjacent Parcels pursuant to the above provisions of this Section 12 as required by the laws of the Commonwealth of Virginia. The provisions of this Section 12 shall survive the Closing and shall terminate and expire as provided in this Section 12. Comrect for Sale -Draft 4 7 2016 12 DRAFT DATE: 49.2016 SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Seller shall promptly notify Buyer thereof in writing and within thirty (30) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and on the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be on Seller until Closing is completed, subject only to Buyer's obligations under this Agreement. If the Property is substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this Contract by giving Seller written notice of such cancellation, and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event that this Contract is cancelled pursuant to this Section 14, the Earnest Money shall be returned to Buyer. SECTION 15. NO BROKERS OR FINDERS. Buyer has not incurred any liability or obligation — whether contingent or otherwise — for a brokerage commission, a finder's fee, or any other similar payment in connection with this Agreement or the transaction contemplated herein. Seller has not incurred any liability or obligation — whether contingent or otherwise — for a brokerage commission, a finder's fee, or any other similar payment in connection with this Agreement or the transaction contemplated herein. SECTION 16. SELLER'S REPRESENTATIONS AND WARRANTIES. A. Subject only to the representations and warranties set forth in Section 16.B. below, Seller's other representations and warranties in this Agreement, and Seller's representations and warranties in any instruments delivered by Seller to Buyer at Closing, including, without limitation, the Deed, Buyer's purchase of the Property will be "AS IS ". B. Seller represents and warrants to Buyer with respect to the Property that: 1. Title. Seller is the legal and beneficial fee simple titleholder of the Property and has good, marketable title to the Property, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, or other matters, created by Comae for Sale -Draft 4 7 2016 13 DRAFT DATE: 4.72016 Seller, subject to all matters disclosed by the Title Report and the Plat. Seller will convey title to the Property to Buyer subject to the special warranty covenants and free of encumbrances created or suffered by Seller except for such encumbrances that constitute Permitted Encumbrances. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of or affecting the Property. 6. Access. Ingress to and egress from the Property is available and provided through Mason Mill Road, N.E. and Blue Hills Drive, N.E. The Property has usable frontage and legal access to said roads. 7. No Conflicts. Seller's execution and performance of this Agreement does not: (i) breach any other agreement to which Seller is a party; or (ii) violate any law, judgment, or order to which Seller is subject. 8. No Notice of Violations. Seller has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to the Property. 9. No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of Seller's City Manager or Seller's City Attorney, threatened, with regard to the Property. SECTION 17. DEFAULT OF CLOSING OBLIGATIONS. A. In the event that the Closing does not occur by reason of any default by Seller, Buyer shall be entitled to return of the Earnest Money and shall also have the right to pursue the remedy of specific performance of this Contract. These remedies shall be the sole remedies available to Buyer for Seller's breach of Seller's closing obligations. B. In the event that the Closing does not occur by reason of any default by Buyer, Buyer and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, Buyer and Seller agree coma roc sale -D�n 4 7 3016 14 DRAFT DATE: 4.7 2016 that a reasonable estimate of the total net detriment that Seller would suffer if Buyer defaults and fails to complete the purchase of the Property is and shall be, and Seller's sole and exclusive remedy (whether at law or in equity) shall be, an amount equal to the Earnest Money. This amount shall be the full, agreed, and liquidated damages for the breach of this Agreement by Buyer (excluding Buyer's breach of any of the Restrictive Covenants), all other claims to damages or other remedies being herein expressly waived by Seller. The retention by Seller of the Earnest Money as liquidated damages is not intended as a forfeiture or penalty, but is intended to constitute liquidated damages to Seller. SECTION 18. LIMITS ON ASSIGNMENT. Each party agrees not to assign or transfer any part of the party's rights or obligations under Sections 2 through 17 of this Contract without the prior written consent of the other party, which consent shall not be unreasonably withheld, and any such assignment shall not relieve the assigning party from any of its obligations under this Contract; provided that Parent may close the acquisition of the Property through, or transfer the Property to, a wholly owned Subsidiary without Seller's consent; provided, further, the Parent shall provide Seller notice of such assignment to a wholly owned Subsidiary ten (10) Days before such assignment is effective. The Parent and the Subsidiary shall be jointly and severally liable as Buyer. For avoidance of any doubt, an assignment does not include any transfer of a minority interest in the shares or other ownership interests of Buyer, regardless of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence. SECTION 19. BUYER POST - CLOSING COVENANTS. Buyer acknowledges and agrees that a part of the consideration for Seller is Buyer's commitment, following completion of the Closing, to develop the Project in accordance with the Proposal and to perform the following post - closing covenants ( "Buyer Post - Closing Covenants ") in accordance with the terms and conditions set forth in this Contract A. Proiect. Buyer will (i) develop the Property substantially in accordance with the Proposal and the Plans, and in accordance with all applicable environmental and other laws; and (ii) develop the Property in accordance with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. B. Restrictive Covenants. 1. Construction. Buyer will commence Construction Activity, in accordance with the Proposal and Plans, by the Commencement Date, and will diligently continue to construct the Project, subject to delays caused by events set forth in Section 34 of this Contract. Completion of the Project shall be pursued diligently by Buyer, subject to delays caused by the events set forth in Section 34 of this Contract. 2. Minimum Investment. Buyer will invest a minimum of $55,000,000 in building construction and equipment at the Property in connection with the Contract for Sale -Draft 4 92016 15 DRAFT DATE: 4.7.2016 Project ( "Minimum Investment") by the Production Date. The Minimum Investment shall not include the amount of the Purchase Price. Within ninety (90) Days after the issuance of the final certificate of occupancy for the Facility by the City of Roanoke Planning, Building and Development Department for the use, occupancy and operation of the Facility, Buyer shall certify, in writing, to the City the amount invested by Buyer in building construction and equipment at the Property in connection with the Project ( "Buyer's Investment"). The certification shall include an itemization of these costs in reasonable detail certified by the Chief Financial Officer of Buyer. 3. Completion. The Facility shall be Substantially Completed and production and sale of beer at the Facility shall commence by the Production Date. 4. Minimum Employment. Buyer shall employ at least 70 Full -Time Employees at the Facility as of the Production Date and maintain at least 70 Full -Time Employees for five (5) years after the Production Date. Buyer shall certify to the City on or about the Production Date the number of Full -Time Employees at the Facility on that date and shall certify on or about each of the first, second, third, fourth and fifth anniversary dates of the Production Date the number of Full -Time Employees at the Facility on each such subsequent anniversary date of the Production Date, which must be not less than 70 Full -Time Employees. Survival of Restrictive Covenants. Buyer agrees that the Restrictive Covenants shall be recorded either directly or by reference in the Deed, shall survive Closing, and shall be binding on Buyer's successors and assigns. A copy of this Contract shall also be recorded with the Deed. The Restrictive Covenants shall run with the land. On the written request of Buyer after satisfaction of one or more Restrictive Covenants, the City shall confirm the satisfaction of such Restrictive Covenants and, if one or more of Restrictive Covenants have been satisfied, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such Restrictive Covenants. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those Restrictive Covenants that have been satisfied and shall further provide that any remaining Restrictive Covenants that have not been satisfied remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each of the Restrictive Covenants. Buyer shall be responsible for the costs of recording each such document. Contract for sale -Draft 4 91016 16 DRAFT DATE: 4.7.2016 C. Limitations on Transfer. Buyer shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the date of Substantial Completion. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void and of no force or effect, and Buyer shall remain bound by this Contract. Notwithstanding any of the foregoing, there shall be no restriction on Buyer transferring the Property or any interest therein at any time to any wholly owned subsidiary of Buyer, subject to the terms of this Contract. D. Default and Remedies: The liabilities of Buyer under this Contract for any breach or default of any of the Buyer Post - Closing Covenants, and Seller's remedies for any breach or default of any of the Buyer Post - Closing Covenants under this Contract, shall be as follows: If Buyer is in material breach of any of Buyer's obligations under Section 19.A., and fails to cure such breach within 30 Days after receipt of written notice from Seller specifying the nature of the breach with reasonable particularity, Buyer shall be deemed to be in default of such obligation(s); provided that if the breach is of such a nature that it cannot be completely remedied within the 30 -Day period, Buyer shall not be in default if Buyer begins correction of the breach within the 30 -Day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. If Buyer is in default of any of Buyer's obligations under Section 19.A., Seller's sole and exclusive remedy with respect to this Contract shall be to accelerate payment under the Promissory Note and demand payment in full of the unpaid principal balance of the Promissory Note, together with all accrued and unpaid interest thereon, and in the absence of payment in full, exercise all remedies available to Seller to collect the unpaid principal balance and accrued but unpaid interest due under the Promissory Note. The parties acknowledge and agree that Buyer and the Project are subject to all applicable land use and development laws, ordinances, and regulations of the City, and the City's enforcement of such laws, ordinances, and regulations are not affected in any way by this Contract. The notice provision contained herein and the remedy set forth herein shall not affect, alter, or limit the City's enforcement of all applicable laws, rules and regulations or compelling compliance with approvals issued by any department of the City, including notice of violations of any applicable ordinances, regulations, and rules. 2. If Buyer is in breach of any of Buyer's obligations under Section 19.B., Seller's sole and exclusive remedies with respect to such default(s) under this Contract shall be to accelerate payment of the remaining unpaid Contact for Sale -Draft 4 J 2016 17 DRAFT DATE: 4.7.2016 balance due under the Promissory Note together with accrued but unpaid interest thereon, and demand payment in full of the unpaid principal balance of the Promissory Note, together with all accrued but unpaid interest thereon; provided that, if Buyer fails to honor the demand and pay in full the unpaid principal balance of the Promissory Note, together with interest thereon, Seller shall have all remedies available to Seller to collect all amounts then due under the Promissory Note. 3. If Buyer is in breach of any of Buyer's obligations under Section 19, Seller may seek relief from the Circuit Court of the City of Roanoke, Virginia, to enforce Seller's remedies under this Section 19.D. SECTION 20. PUBLIC INFRASTRUCTURE IMPROVEMENTS. Following the Closing, Seller shall, at its sole cost and expense, initiate, design, and construct the following public infrastructure improvements in connection with the Project (referred to collectively as the "Public Infrastructure Improvements "): 1. Extension of water, sanitary sewer, and high speed internet service within the public right -of -way to the Property in a location acceptable to and approved by Buyer, and with such capacity as is needed for the Facility and for Buyer to perform. 2. Extension of Blue Hills Drive, N.E., from its current termination point to the Property at a location acceptable and approved by Buyer. 3. Extension of Tinker Creek Greenway from its current terminus northward to Mason Mill Park and connection of the Property to the Tinker Creek Greenway at a location acceptable to and approved by Buyer. 4. Installation of five (5) directional signs along 13th Street, N.E., and Mason Mill Road, N.E., providing the public with directions to the Facility. 5. Installation of four (4) additional street lights along 13th Street, N.E., and Mason Mill Road, N.E. 6. Relocating and placing underground the electric lines currently crossing the Property in a location acceptable to and approved by Buyer. Seller shall coordinate with Buyer for and regarding any portions of the Public Infrastructure Improvements that will be made on or adjacent to the Property. In connection therewith, Buyer will grant and dedicate to Seller and /or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with the Proposal, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to Seller ContreU for Sale -Draft 4.]2016 18 DRAFT DATE: 4.7.2016 and/or the Western Virginia Water Authority. Each such easement shall be in a location acceptable to and approved by Buyer. Buyer further agrees to grant easements to the utility providing electric utility service to the Property for the relocation of existing electric utility lines across the Property to locations reasonably acceptable to Buyer and that do not interfere with the Project. Prior to commencement of any such work, Seller shall provide Buyer with written plans depicting the location of the infrastructure improvements to be made for items (1), (2), and (3) above. Buyer shall have thirty (30) Days in which to review such plans and either accept or reject such plans. If Buyer fails to act within such time period, Buyer shall be deemed to have accepted and approved such locations. Seller shall complete all Public Infrastructure Improvements by June I, 2021; provided that the Public Infrastructure Improvements listed in subsections (1) and (6) above must be completed prior to Buyer's commencement of Construction Activities or June 1, 2019, whichever date is earlier. The provisions of this Section 20 shall survive the Closing. SECTION 21. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540 - 853 -1213 If to Buyer: Deschutes Brewery Inc. ATTN: CEO 901 SW Simpson Avenue Bend, Oregon 97702 With a Copy to: Karnopp Petersen LLP ATTN: Jon J. Napier 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Cm.a ror Sale -DVen 4 72016 19 DRAFT DATE: 4.7.20 16 Notice shall be deemed delivered on the date of personal service, five days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 22. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 23. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns. SECTION 24. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 25. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 26. SEVERABILITY. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. SECTION 27. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 28. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 29. NONWAIVEIL Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 30. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith -based organizations. Comrea far sale -Dmtt 4 7 2016 20 DRAFT DATE: 4.7.2016 SECTION 31. NONDISCRIMINATION. In performing Buyer's Post - Closing Covenants: A. Buyer 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 Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. 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. COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer agrees not to allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time before the date the Promissory Note is paid in full, and to promptly cure any such lapse, revocation or cancellation following notice from Seller. It shall be a condition of Seller's closing obligations under Section 9 above that Buyer not be in breach of this Section 32. If Buyer is in breach of this Section 32 after Closing, Buyer shall be deemed to be in breach of Buyer's obligations under Section 19.A, and Seller's remedy shall be as set forth in Section 19.13.1 above. SECTION 33. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. The City Manager shall include funding for the Seller's obligations under this Agreement in each annual budget proposed by the City Manager. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 34. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or Contract for Sale -Draft 4 7 2016 21 DRAFT DA FE: 4.7.2016 failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that Buyer's lack of funds shall not be deemed to be a reason beyond Buyer's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of such occurrence. Notwithstanding anything else set forth above, after a total of twelve (12) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 35. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the parties. SECTION 36. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, the parties agree and submit themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agree that this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Each party further waives and agrees not to assert in any such action, suit or proceeding, that the party 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. SIGNATURE PAGE TO FOLLOW Cum.( roe Sale -Draft 4 22016 22 DRAFT DATE: 4.7.2016 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives effective as of the Effective Date. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this _day of , 2016, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: WITNESS /ATTEST: Notary Public SEAL DESCHUTES BREWERY, INC. on behalf of itself and its subsidiaries and and affiliates that may be created to own and /or operate the Facility By Gary Fish, CEO ' To -Wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Gary Fish, CEO of Deschutes Brewery, Inc., an Oregon Corporation for and on behalf of Deschutes Brewery, Inc. My commission expires: Notary SEAL Cmtmct for Sale Draft 4 ? 2016 23 DRAFT DA'I'F: 4.22016 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. Contract for Sale -Draft 4 22016 24 DRAFT DATE: 4.72016 EXHIBIT 1 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Legal Description Of Real Property Roanoke Official Tax Map No. 7230101 ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 49.4173 acres, more or less, known as "Tract I -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1 -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E. ", prepared by Lumsden Associates, P.C., dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966, and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (1) Deed dated October 2, 1989, from Anderson Wade Douthat, Ill, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. The description of the Real Property will be amended to reflect the description established by the final survey obtain by Grantor and prepared by Lumsden Associates, P.C., entitled "Plat Showing ALTA /ACSM Land Title Survey of Tract 1 -A (49.4173 acres /2,152,616 Square Feet) (Map Book I, Pages 2966- 2967), Property of the City of Roanoke, Virginia (Deed Book 1610, Page 205), situated at 92002 Blue Hills Drive, NE, Roanoke, Virginia," with a date of March 7, 2016, last revision date of , 2016. Cornet fa, Sale -Dna 4 7 2016 25 DRAFT DATE: 4.72016 EXHIBIT 2 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Buyer's Proposal (4 pages) Contract for Sale -Draft 4 91016 26 Proposal for a Production Brewery In Roanoke, VA Deschutes Brewery, Inc. ( "Company ") of Bend, Oregon proposes to construct a production brewery in Roanoke, Virginia on property located at 2002 Blue Hills Drive, N.E., (Official Tax Map No. 7230101.) The proposed brewery is intended to produce and distribute finished product across the eastern United States. Potential export of finished product to Europe is also highly probable. The new facility is expected to begin production in 2021 and to produce a projected 190,000 barrels of beer the first year. By 2025 it is projected that the brewery will produce approximately 330,000 barrels annually. The facility is being planned with the potential for future expansions that would allow for the production of up to 1,000,000 barrels annually upon ultimate build -out. The production brewery is expected to employ 108 workers initially and 154 workers by year four. Deschutes is recognized as a valued corporate citizen in the locations which the Company now operates and plans to become an active and excellent addition to the Roanoke community. The estimated timeline for the decision and implementation of the project is as follows: February 2016 Select location Late 2016 -Early 2018 Perform due diligence and facility design /engineering Early 2019 Begin construction Mid 2019 Installation of process equipment May 2020 Facility completion July 2020 Begin bottling at a reduced efficiency January 2021 Full production (190,000 BBLS annually) 1. Labor Requirements: a) Initial hiring is estimated to begin in 2018 during construction of the new brewery. Construction is targeted to be completed in 2020. Initially, the facility is projected to begin brewing at a reduced efficiency reaching full production in 2021. Employment during construction and initial ramp -up is estimated in the table below: Year Employment 2018 4 -5 2019 10 - 12 2020 --F5 2-------] b) A detailed breakdown of anticipated employment requirements for the new brewery in full production is included below: PRODUCTION BREWERY Job Categories Phase 1 2021 Phase 2 2025 Production Production Workers (brewing /Cellar) 13 20 Packaging Operators 25 35 Quality Control Production / Technician 3 6 Production Planning 2 4 Maintenance Mechanics 10 i s Other Production (Sanitation & Security) S 6 Production Supervisors 4 10 Warehouse Shipping & Receiving S 12 Facility Supervisor (Receiving & Warehouse) 1 2 Inventory Control 1 2 Managers Operations Management 1 1 Quality Control Manager 1 1 Maintenance Manager 1 1 Plant Manager 1 1 Human Resources Manager 1 1 Materials Manager 1 1 Other Management 17 20 Other Purchasing Agent 1 1 Tour Guides 10 10 Tour Guide Supervisor 1 1 Other Administrative 4 4 Total 108 154 c) Special labor skills and /or certifications are requuea Tor an sKmea pumuu[u. These include maintenance mechanics, brewers, quality control technicians, inventory control specialists, certified forklift drivers, and plant engineers. d) Additional special labor skills and /or certifications are required for some skilled positions. These include PLC programmers, automation, and instrumentation workers. e) There are no expected seasonal / peak fluctuations regarding employment numbers with the exception of internships during summer peak hours. f) Up to twenty full time positions are expected to transfer from the Company's existing locations. g) The proposed operation is to initially be a 1 shift / 8 hour / S day per week operation. This is expected to become a 2 -shift operation upon full build out. In addition, maintenance and sanitation support is to occur on the weekends, as required. 2. Estimated Project Investment: ai Estimated investment for initial construction of the new brewery is included below: Category . Phase 'I Initial Investment Phase Building $40,000,000 TBD Production Machinery $45,000,000 TBD Misc. Costs* $10,000,000+ TBD TOTAL $95,000,000+ TBD *Misc costs included engineering, transportation of equipment, installation of equipment, project management, commissioning, training, and other costs incurred during start-up. DRAFT DATE 4.7.2016 EXHIBIT 3 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Deed of Trust Contract for Sale -Draft 4 .) 2016 27 DRAFT DATE 4.7.2016 Prepared by: David L. Collins Assistant City Attorney VSB #42673 Office ofthe City Attorney Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 464 Roanoke, VA 24011 DEED OF TRUST THIS DEED OF TRUST is made and entered into this day of , 20 ( "Effective Date "), by and among [DESCHUTES BREWERY SUBSIDIARY] ( "Grantor'), whose mailing address is 901 SW Simpson Avenue, Bend, Oregon 97702; DANIEL J. CALLAGHAN, ESQ. and DAVID L. COLLINS, ESQ., Trustees, residents of the City of Roanoke, Virginia, whose addresses are Roanoke City Attorney's Office, Room 464, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, ( "Trustees "), (Grantee for purposes of indexing); and the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, ( "Beneficiary" or "City "), whose address is Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011; WITNESSETH: WHEREAS, Grantor, as Buyer, and Beneficiary, as Seller, entered into a Contract for Purchase and Sale of Real Property ( "Contract') dated , 2016, for the sale by City to Grantor of that certain lot or parcel of land, with all improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Roanoke, Virginia, more particularly described in Schedule A, attached hereto and made a part hereof, and commonly known as Tract 1 -A, 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, Roanoke Official Tax Map No. 7230101 (the "Real Property "); WHEREAS, Grantor acquired the Real Property from Beneficiary by deed of Beneficiary dated and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as Instrument No. on WHEREAS, the sale price of the Real Property was $2,750,000, and the Grantor executed a Nonnegotiable Promissory Note dated in the principal amount of $2,750,000 ( "Note "), obligating Grantor to pay City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (I %) per annum, as set forth in the Note; and WHEREAS, Grantor desires to convey this Deed of Trust unto the Trustees to secure the Note, as required by the terms of the Contract. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten and no /100 Dollars ($10.00), the mutual agreements contained herein, the above recitals which are Deed of Trust —Draft 4.7.2016 DRAFT DATE 4.7.2016 incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to secure the Obligations (as that term is defined below), the Grantor does hereby GRANT and CONVEY, by General Warranty with English covenants of Title, unto the Grantee, as Trustees, with the power of sale, the Real Property. TOGETHER WITH all buildings, improvements, and fixtures now or hereafter erected thereon, and also together with all easements relating to the Real Property, as well as any unearned hazard insurance premium with respect to such property, all of which are hereby pledged, assigned, transferred and set over unto the Trustees, whether now due or hereafter to become due. All of the foregoing realty and personalty are hereafter sometimes referred to collectively as the "Property." AND, as additional security for the payment obligations of Grantor set forth in the Note and/or the payment and performance of Grantor's obligations set forth in this Deed of Trust (collectively, the "Obligations "), the Grantor hereby transfers, sets over, and assigns to the Trustees all judgments, awards of damages, settlements and compensation made in connection with or in lieu of a) any taking of the Real Property by or under assertion of the power of eminent domain, b) any damage to or destruction of the Real Property by insured casualty, and c) any other injury or damages to the Real Property. The Trustees are authorized and empowered (but not required) to collect and receive any such sums and, if collected and received, shall apply such sums in whole or in part to the reduction of the payment and performance of the Obligations. IN TRUST for the benefit of the City of Roanoke, Virginia as beneficiary to secure the Beneficiary, its successors and assigns, the payment and performance of the Obligations. The parties agree that all capitalized terms not defined in this Deed of Trust shall have the meanings ascribed to such terms as set forth in the Contract; a copy of the Contract is attached to this Deed of Trust as Attachment I attached hereto. This Deed of Trust is made and shall be construed in accordance with and under the provisions of Sections 55 -59, 55 -59.1 through 55- 59.4 and 55 -60, of the Code of Virginia (1950) as amended. This Deed of Trust shall be governed by the laws of the Commonwealth of Virginia, with venue being in a state court of competent jurisdiction in the City of Roanoke, Virginia. A "Material Default" shall exist if Grantor. (i) fails to pay any amount due and payable under the Note or this Deed of Trust within thirty (30) days of Grantor's receipt of written notice from Beneficiary specifying the payment default; or (ii) breaches any of Grantor's obligations under this Deed of Trust (excluding any payment obligations), and fails to cure such breach within 30 days after receipt of written notice from Beneficiary specifying the nature of the breach with reasonable particularity, provided that if the breach is of such a nature that it cannot be completely remedied within the 30 -day period, this provision shall be complied with and a "Material Default" shall not exist if Grantor begins correction of the breach within the 30 -day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. If a Material Default exists, then, to the extent permitted by applicable law under the power of sale, the Beneficiary may, at its option, direct Trustees to take possession of all or any Deed of Trust - Draft 4.7.2016 DRAFT DATE 4.7.2016 portion of the Property and proceed to sell the same as a whole or in parts or parcels, at public auction, for cash or credit, upon reasonable and appropriate terms, and to have Trustees take any or all other actions set forth herein. To the extent permitted by applicable law, Grantor consents that such sale may be made of the Property as a whole or in parcels, as Trustees, in their reasonable discretion, may determine, and Grantor further consents that the sale may be on or off the Real Property. The sale by Trustees of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustees are specifically empowered to make a successive sale or sales under such power until the whole of the Property shall be sold; and, if the proceeds of such sale of less than the whole of the Property shall be less than the amount necessary to satisfy the payment obligations of Grantor to Beneficiary secured by this Deed of Trust and the expense of executing this Deed of Trust as provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made, provided, however, that Grantor shall never have any right to require the sale of less than the whole of the Property but Beneficiary shall have the right, at its sole election, to request Trustees to sell less than the whole of the Property. The power of sale granted herein shall not be exhausted by any sale held hereunder by Trustees or the Trustees' substitute or successor, and such power of sale may be exercised from time to time and as many times as Beneficiary may deem necessary until all of the Property has been duly sold and any amount owing by Grantor to Beneficiary under the Note or this Deed of Trust has been fully paid. Grantor represents and warrants that Grantor has title to the Real Property in fee simple as conveyed by Beneficiary to Grantor, and has good right and power to convey the Real Property. During the time period that any balance remains outstanding under the Note, Grantor further covenants and agrees as follows: (1) Grantor shall fully and promptly pay and perform all of Grantor's obligations arising under this Deed of Trust when such performance is due. (2) Grantor also shall pay, when due, all claims of every kind and nature which might or could become a lien on the property or any part hereof having priority over the lien of this Deed of Trust, and Grantor shall not at any time create or allow to exist any lien on the Real Property having priority over the lien of this Deed of Trust other than those specifically approved by Beneficiary; provided, however, that the following are excepted from the foregoing: (a) Permitted Encumbrances; (b) liens for taxes, assessments and other obligations which are not delinquent although by law are given the status of a lien; and (c) such of the claims in subsection (b) above during the time they are being contested by Grantor in good faith and by appropriate legal proceedings, but Grantor shall post such security for the payment of such contested claims as is requested by Beneficiary. (3) Grantor will keep the Property in good repair and condition, reasonable wear and tear excepted, and will not commit or permit any waste of the Real Property; provided that the foregoing shall not prevent or restrict Grantor from developing the Facility or undertaking activities on the Real Property in connection therewith. Grantor shall comply with all applicable laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property, and not suffer or permit any material violations thereof. Deed of Trust— Draft 4.7.2016 DRAFT DATE 4.7.2016 (4) (a) Beneficiary and its agents may make reasonable entries upon and inspections of the Property on not less than two (2) working days prior written notice to Grantor and specifying reasonable cause for the inspection. To the extent permitted by law, and without waiving the defense of sovereign immunity, Beneficiary shall be responsible for its own negligence while on the Property under this provision. Beneficiary shall require any independent contractor entering the Property for or on behalf of Beneficiary to have adequate liability insurance that includes an indemnity for the benefit of Beneficiary and Grantor to hold Beneficiary and Grantor harmless from acts and omissions of such independent contractor while on the Property in connection with any inspection conducted hereunder. (b) The right of inspection provided for in Section 4 (a) above in no way limits the Beneficiary, in its capacity as a municipal corporation, to regulate and enforce all applicable land use and development regulations, including building codes, fire and safety codes, and all other applicable land use and development laws, ordinances, and regulations applicable to the Property and enforceable by the City. (5) Grantor shall maintain insurance for the full replacement cost of any improvements on the Real Property. (6) Grantor shall pay, when due, all taxes and assessments, both general and special, ground rents, fines, penalties, impositions, levies, dues and charges of every type or nature levied upon or assessed against the Real Property, including any personal property included thereon, and shall annually provide to Beneficiary, promptly following Beneficiary's request, evidence that all such payments have been paid when due. (7) Except with respect to a foreclosure as hereinafter provided (in which event, Beneficiary shall be entitled to recover its reasonable attorneys' fees and expenses), if any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this Deed of Trust, or otherwise in connection with the subject matter of this Deed of Trust, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding as determined by the presiding officials or court, as applicable. In the event of foreclosure hereunder, Beneficiary must give Grantor at least fourteen (14) days' written notice by certified or registered mail at Grantor's last known address prior to any sale. If Trustees are directed by Beneficiary to institute foreclosure hereunder, public advertising has commenced, and the Property is redeemed by the makers or endorsers hereof prior to sale, then Trustees shall be entitled to any actual reasonable out -of- pocket costs or expenses incurred by Trustees in connection with such foreclosure, including reasonable Deed of Trust - Draft 4.7.201 G DRAFT DATE 4.7.2016 attorneys' fees and expenses. In the event of redemption by Grantor, the Trustees shall not be entitled to any commission. In the event of a sale at foreclosure, the Trustees shall be entitled to a commission of three (3 %) percent of the gross sales price, in addition to recovery of the Trustees' actual reasonable out -of- pocket expenses or costs, including reasonable attorneys' fees and expenses. If a Material Default exists, it shall be the duty of Trustees, upon written request of Beneficiary, to sell the Real Property herein conveyed at public auction in the jurisdiction in which the Real Property lies. But before executing this Deed of Trust, Trustees shall give notice of the time, place and terms of sale by advertisement in a newspaper of general circulation in such jurisdiction once per week for two consecutive weeks, and by such other advertisement as Trustees deem fit. If Grantor fails to perform any of the covenants and agreements contained in this Deed of Trust or defaults on any deed of trust or similar instrument to which this Deed of Trust is subordinated, or any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, the failure to pay delinquent taxes or insurance premiums, or the commencement of a proceeding in eminent domain, insolvency, code enforcement or arrangements or proceedings involving bankruptcy by Grantor, then Beneficiary, at Beneficiary's option and with reasonable advance notice to Grantor, may make such appearances, disburse such sums and take such actions as are reasonable to protect Beneficiary's interest, including but not limited to payment of delinquent taxes or insurance premiums, disbursements of reasonable attorney's fees and entry upon the Real Property to make repairs or to secure the same against unauthorized entry and /or the elements. Any amounts disbursed by Beneficiary pursuant to the preceding paragraph shall become additional indebtedness of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, such amounts shall be due and payable on Beneficiary's written demand to Grantor, and shall bear interest from the date of disbursement at the lesser of nine percent (9 %) per annum or the then highest jurisdictional rate applied by Virginia Court. Any forbearance by Beneficiary in exercising any right or remedy hereunder or otherwise available by applicable law, shall not be a waiver of or preclude the subsequent exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary pursuant to the terms of this Deed of Trust shall not be a waiver of any right by Beneficiary to accelerate the maturity of the indebtedness secured by this Deed of Trust. Except as otherwise provided in this Deed of Trust with respect to the right of the Beneficiary to change or replace Trustees, Beneficiary may not assign or transfer all or any part of its rights under this Deed of Trust without the prior written consent of Grantor, which consent Grantor may withhold in Grantor's sole discretion. Grantor shall not sell, convey, transfer or dispose of the Real Property without first obtaining the written consent of Beneficiary, which consent shall not be unreasonably withheld or delayed. Consent to one such transaction shall not be deemed to be a waiver of the right to require such consent to future or successive transaction. Grantor reserves the right to place subordinate deeds of trust and encumbrances on the Property without securing consent from Beneficiary. Deed of Trust — Draft 4.7.2016 DRAFT DATE 4.7.2016 The covenants and agreements contained herein shall bind, and the rights hereunder shall inure to, the respective authorized successors and assigns of Beneficiary and the respective authorized successors and assigns of Grantor. Beneficiary has that power and shall be entitled to, in its sole discretion and without cause, successively to remove Trustees, or any successor Trustee, and to appoint another Trustee or Trustees in the place and stead of Trustees or any successor Trustee, by written instrument duly recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, any such successor Trustee shall have the same title, authority, and power as the original Trustees herein named. The authority, power, and discretion hereinabove granted to the Trustees may be exercised by any of them, without the other, with the same effect as if exercised jointly by all of them. Within 30 days after the full payment of any and all payment obligations of Grantor set forth in the Note and this Deed of Trust, Beneficiary must cause Trustees to release this Deed of Trust. Within 10 days after Beneficiary delivers the written request to release this Deed of Trust to Trustees, Trustees must release this Deed of Trust and record the release in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. Time is of the essence with respect to this Deed of Trust. NOTICE —THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF ANY SALE, REFINANCE OR CONVEYANCE OF THE PROPERTY SECURED HEREBY. Deed of Trust — Draft 4.7.2016 DRAFT DATE 4.7.2016 WITNESS the following signature of the duly authorized officer and seal effective as of the Effective Date: Grantor: [DESCHUTES BREWERY SUBSIDIARY] By: Printed Title: STATE OF To -wit: OF The foregoing instrument was acknowledged before me this day of , 20 _ by of [Deschutes Brewery Subsidiary, for and on behalf of Deschutes Brewery Subsidiary] My commission expires: Notary Public Deed oCTrust —Draft 4.7.2016 SEAL DRAFT DATE, 4.7.2016 COMMONWEALTH OF VIRGINIA: To -wit: CITY OF ROANOKE: Trustees: (SEAL) Printed Name: (SEAL) Printed Name: The foregoing instrument was acknowledged before me this day of , 20_, by Trustee. My commission expires: Notary SEAL COMMONWEALTH OF VIRGINIA: To -wit: CITY OF ROANOKE: The foregoing instrument was acknowledged before me this day of , 20 by Trustee. My commission expires: Notary Deed of Trust - Draft 4.7.2016 SEAL DRAFT DATE 4.7.2016 Beneficiary: CITY OF ROANOKE, VIRGINIA, Virginia municipal corporation By: Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA: To -wit: CITY OF ROANOKE: The foregoing instrument was acknowledged before me this day of , 20 , by Christopher P. Morrill, the City Manager of the City of Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia. My commission expires: Deed of Trust - Draft 4.7.2016 Notary Public SEAL DRAFT DATE 4.7.2016 SCHEDULE A TO DEED OF TRUST CONVEYED BY [DESCHUTES BREWERY SUBSIDIARY.] LEGAL DESCRIPTION OF REAL PROPERTY ROANOKE OFFICIAL TAX MAP NO. 7230101 ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 49.4173 acres, more or less, known as "Tract 1 -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book I, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1 -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E. ", prepared by Lumsden Associates, P.C., dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966, and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (1) Deed dated October 2, 1989, from Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, 111, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. The description of the Real Property will be amended to reflect the description established by the final survey obtain by Grantor and prepared by Lumsden Associates, P.C., entitled "Plat Showing ALTA /ACSM Land Title Survey of Tract 1 -A (49.4173 acres /2,152,616 Square Feet) (Map Book 1, Pages 2966- 2967), Property of the City of Roanoke, Virginia (Deed Book 1610, Page 205), situated at #2002 Blue Hills Drive, NE, Roanoke, Virginia," with a date of March 7, 2016, last revision date of , 2016. 10 Deed of Trust — Draft 4.7.2016 DRAFT DATE 4.7.2016 ATTACHMENT Contract for Purchase and Sale of Real Property dated , 2016 between Grantor and Beneficiary (Copy of executed Contract to be attached to executed Deed of Trust) Deed of Trust — Draft 4.7.2016 DRAFT DATE: 4.72016 EXHIBIT 4 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Promissory Note Conarao for Sale -Daft 4 7 2016 28 DRAFT DATE 4.7.2016 NONNEGOTIABLE PROMISSORY NOTE Date: , 20 Payors: Deschutes Brewery, Inc., an Oregon corporation 901 SW Simpson Avenue Bend, OR 97702 And [Subsidiary] Holder or City: City of Roanoke, Virginia, a Virginia municipal corporation City Treasurer, Suite 254 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Principal Amount: U.S. $2,750,000 For value received, Deschutes Brewery, Inc., an Oregon corporation, qualified to conduct business in the Commonwealth of Virginia and [Subsidiary, a qualified to conduct business in the Commonwealth of Virginia] ( "Payors "), jointly and severally promise to pay only to the City of Roanoke, Virginia, a Virginia municipal corporation (the "City" or "Holder "), at the Office of the City: 215 Church Avenue, Roanoke, Virginia 24011, or at such other location as the City may designate in writing, the principal sum of Two Million Seven Hundred Fifty Thousand Dollars and no /Dollars ($2,750,000), together with interest payable at the rate of one percent (1 %) per annum (this Nonnegotiable Promissory Note is hereinafter referred to as "Note "). This Note is being executed and delivered by Payors to the City pursuant to the terms of a Contract for Purchase and Sale of Real Property, by and between Deschutes Brewery, Inc., as Parent and as a Buyer, and the City as Seller, dated , 2016 ( "Contract'). Capitalized terms set forth in this Note and not defined in this Note shall have the meaning ascribed to such terms in the Contract. Principal and accrued interest shall be due in five (5) annual installments each in the amount of (i) $550,000 in principal, and (ii) all accrued and unpaid interest on the unpaid principal balance of this Note as of the applicable due date. The first installment of principal and accrued interest shall be due on that date which is one (1) year after the Production Date. Each subsequent annual installment of principal and accrued interest shall be due on the same day of each succeeding year. Each installment payment shall be deemed paid and satisfied in full as it comes due, and Payors shall be under no obligation to pay that installment payment to the City, provided Payors are not then in material breach or default of any of Payors' obligations under Nonnegotiable Pri m mory Note— Drift 4.7.2016 DRAFT DATE 4.7.2016 Section 19.A. of the Contract, and are not in breach or default of any of Payors' obligations under Section 19.6 of the Contract; provided that, for a breach of Section 19.A of the Contract, if Payors are within any cure period under Section 19.D of the Contract, the due date of any then due installment payment(s) shall be extended during the pendency of such cure period, and, if Payors successfully cure said breach within the time period allowed under the Contract, such installment payment(s) shall be deemed paid and satisfied in full. Each of the following shall constitute an "Event of Default" under this Note: (i) any of the Payors is in default of any of Payors' obligations under Section 19.A., Section 19.6.1, Section 19.6.2, Section 19.6.3, or Section 19.8.4 of the Contract; (ii) the Property subject to the Deed of Trust is sold or transferred, without the consent of the Holder unless permitted by the Contract; or (iii) any of the Payors fails to pay any amount due under this Note within thirty (30) days of Payors' receipt of written notice from Holder specifying the payment default. Upon the occurrence of an Event of Default, the Holder shall have the right to accelerate payment of the remaining unpaid balance due under this Note together with accrued interest thereon, and demand payment in full of the unpaid principal balance of the Promissory Note, together with all accrued interest thereon. In the event that any of the Payors fail to honor the demand and pay in full the unpaid principal balance of this Note, together with interest thereon, Holder will have all remedies available to Holder to collect all amounts then due under the Promissory Note, from any of the Payors, jointly and severally. Holder may recover its costs of collection, including its reasonable attorneys' fees and expenses, to the extent Holder is entitled to those fees and expenses under this Note. Payors agree that, following the occurrence of an Event of Default, City may exercise all rights City has available under law and at equity to collect any amount due under this Note, including, and not limited to, initiating foreclosure proceedings against the Property pursuant to the Deed of Trust that secures this Note. Under no circumstances shall Payors' obligations under or with respect to this Note exceed, in the aggregate, payment to Holder of an amount equal to the original principal amount of this Note, any accrued interest due hereunder, and its costs of collection, including reasonable attorneys' fees and expenses to the extent Holder is entitled to those fees and expenses under this Note. If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this Note, or otherwise in connection with the subject matter of this Note, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding as determined by the presiding officials or court, as applicable. From time to time, without affecting the obligations under this Note of the Payors, any successors or permitted assigns of the Payors, or any guarantor of this Note, Holder may: Nonnegotiable Promissory Note— Draft 4.7.2016 DRAFT DATE 4.7.2016 (i) without giving notice to or obtaining the consent of any of the Payers, any successors or assigns of the Payors, or any guarantor of this Note, and without liability on the part of the Holder, at the sole option of the Holder extend the time for payment of any amount due under this Note, reduce the payments thereon, release anyone liable on any of said outstanding principal balance, accept a renewal of this Note, join in any extension or subordination agreement, release any security herefor, and release any other or additional security; and (ii) agree in writing with the Payors to modify the rate of interest or period of amortization of this Note, to change the amount of the annual installments payable hereunder, or to extend the terms and time of payment of said outstanding principal balance. Any assignment or assumption of the obligations of the Payors hereunder shall not relieve Payers from theirjoint and several obligations hereunder. Payors, jointly and severally, hereby waive presentment, demand, protest, and notice of dishonor. The provisions of this Note, the Contract, and the Deed of Trust, shall be binding on the successors and permitted assigns of Payers and, subject to the nonnegotiable nature of this Note, the successors of Holder, including, but not limited to, any receiver, trustee, representative or other person appointed under foreign or domestic bankruptcy, receivership or similar proceedings. The debt evidenced by this Note is secured by a Deed of Trust of even date herewith, covering the Property, as more fully described in the Deed of Trust and the Contract. This Note is nonnegotiable and may not be sold, assigned, or otherwise negotiated to any person without the prior written consent of Payors, which Payors may withhold in Payors' sole discretion. The Payors may prepay a part or all of the unpaid principal amount and any accrued but unpaid interest at any time; provided that the treatment of any payment by the Payors to Holder as a prepayment of this Note shall be at the sole and absolute discretion and designation of Payor, and, for avoidance of any doubt, Holder does not have the unilateral right to treat or designate any payment from Payers as a prepayment of this Note or any amount due hereunder. The validity of this Note, the Contract, and the Deed of Trust, and the rights and obligations of the parties under such documents, shall be governed by, interpreted, construed and enforced pursuant to and in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any controversy arising under or in relation to this Note, Contract, and the Deed of Trust shall be litigated exclusively in a state court of competent jurisdiction in the City of Roanoke, Virginia. The persons signing this Note on behalf of Payors represent that such persons are authorized to sign this Note on behalf of Payors and to bind each of the Payers, jointly and severally, to its terms. [Signature Page Follows] Nonnegotiable Promisscry Note— Draft 4.7.2016 DRAFT DATE 4.7.2016 Dated effective as of the date at the beginning of this Note. DESCHUTES BREWERY, INC., an Oregon corporation By: Name: Title: STATE OF OF To -wit: The foregoing instrument was acknowledged before me this day of , 20 , by of Deschutes Brewery, Inc., an Oregon Corporation, for and on behalf of Deschutes Brewery, Inc. My commission expires: Notary Public [Subsidiary] A Virginia MM STATE OF To -wit: OF SEAL The foregoing instrument was acknowledged before me this day of , 20 , by of [subsidiary]., a for and on behalf of [subsidiary] My commission expires: Notary SEAL 4 Nonnegotiable Promissory Note — Draft 4.7.2016 DRAFT DATE: 4.7.2016 EXHIBIT 5 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Performance Agreement Regarding Operation Period Economic Development Grant Contract for sere -Draft 4 ]2016 29 DRAFT 4.7.2016 PERFORMANCE AGREEMENT REGARDING OPERATION PERIOD ECONOMIC DEVELOPMENT GRANT This Performance Agreement Regarding Operation Period Economic Development Grant ( "EDA Operation Grant Agreement') is dated , 2016, by and among the City of Roanoke, Virginia, a municipal corporation ( "City"), Deschutes Brewery Inc., (the "Parent'), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are "Deschutes "), and the Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia ( "EDA "). RECITALS WHEREAS, Deschutes has proposed to construct, equip, and operate at 2002 Blue Hills Drive, N.E., in the City, a brewery and warehouse for the commercial production and sale of beer ( "Facility "); WHEREAS, construction of the Facility will involve substantial investment in the property to be acquired by Deschutes from the City at 2002 Blue Hills Drive, N.E., Roanoke, Virginia, containing approximately 49.4173 acres, more or less, depicted as Official Tax Map No. 7230101, and more particularly described in Exhibit A attached hereto and made a part hereof ( "Property "); WHEREAS, construction of the Facility will require the acquisition and installation of specialized machinery and equipment designed for the production of beer at the Facility ( "Equipment') and such Equipment is more particularly described in Exhibit B attached hereto and made a part hereof; WHEREAS, construction of the Facility at the Property ( "Project'), including installation of the Equipment, will be performed substantially in accordance with certain plans ( "Project Plans ") to be submitted to the City of Roanoke Planning, Building and Development Department; WHEREAS, the City and Deschutes have entered into a Contract for the Purchase and Sale of Real Property dated , 2016 ( "Contract') under which Deschutes has agreed, subject to terms and conditions, as set forth in the Contract, to purchase the Property for $2,750,000; EDA Opemtion Pedorto ce Agreement- Dmlt472016 DRAFT 4.7.2016 WHEREAS, the City recognizes that construction of the Facility will require Deschutes to incur significant costs related to acquisition and installation of the Equipment; WHEREAS, Deschutes has requested economic grants from the City through the EDA to assist with the cost of acquisition and installation of the Equipment and related costs necessary for the acquisition and installation of Equipment ( "Equipment Expenses "); WHEREAS, the City and the EDA desire that development of the Project proceed, have determined such Project will promote economic development within the City and within the Roanoke Region, and such Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; WHEREAS, the EDA, based on the undertakings of Deschutes, has determined to make an annual economic development grant for a specified period to Deschutes from funds to be provided to the EDA by the City, all in accordance with the terms of this EDA Operation Grant Agreement; WHEREAS, Deschutes plans to undertake the Project based, in part, on the commitment of the EDA and City to make an annual economic development grant for a specified period to Deschutes in accordance with the terms of this EDA Operation Grant Agreement; and WHEREAS, the parties wish to reduce to writing the agreement of the parties concerning this matter. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in the above Recitals, which Recitals are incorporated herein and made a part hereof, and as set forth herein, mutually agree as follows: SECTION 1. EDA OPERATION GRANTS. Subject to the terms of this EDA Operation Grant Agreement, the EDA shall, for the purposes of promoting economic development in the City and the Roanoke Region, make four (4) annual EDA Operation Grants (each an EDA Operation Grant), the total amount of which is estimated to be $1,500,000, to Deschutes in order to assist with Equipment Expenses related to completing the Project. The FDA's obligations hereunder are not general obligations of the EDA, but are special obligations of the EDA limited to those funds which are provided by the City and received by the EDA under the terms set forth herein. SECTION 2. OBLIGATIONS OF DESCHUTES. Deschutes agrees and promises that in order to qualify to receive and to continue to receive each EDA Operation Grant for each grant year (as defined in this Agreement), Deschutes shall do or provide each of the following, all of which are material to this EDA Operation Grant Agreement: A. Provide to the EDA and the City on request prior to the execution of this EDA Operation Grant Agreement, and promptly at any time after its execution, sufficient EDA Op.Wl Performance A,e..l— Draft4]2016 DRAFT 4.7.2016 documentation, as reasonably determined by the EDA and the City, establishing that Deschutes has the right, authority, and financial ability to develop the Property as contemplated by this EDA Operation Grant Agreement and to operate the Facility on such Property. B. Deschutes shall complete construction of the Facility and commence production and sale of beer at the Facility on or before June 1, 2021, in accordance with all permits, approvals, and authorizations pursuant to applicable federal, state, and local laws, rules, regulations, and ordinances. C. Deschutes shall spend or cause to be spent the amount of at least $26,000,000 by June 1, 2021, for the items set forth in Exhibit B (the "Minimum Equipment Expenses "). Deschutes shall provide verification of the expenditures for such Minimum Equipment Expenses by submitting a copy of the inventory of its business personal property tax /machinery and tools tax return at the time Deschutes submits its initial request for an EDA Operation Grant. D. Deschutes shall file all appropriate and applicable real estate taxes, other taxes, fees, stormwater utility fees, and other tax forms or notices with the City and timely pay all such taxes and fees to the City and not claim any exemptions from real estate taxes or other taxes or fees with respect to the Property or the Facility for any periods of time for which FDA Operation Grant funds are requested. Deschutes shall also ensure that the owner of the Property and any entity that may operate and /or manage the Facility and /or Property, if different than Deschutes, also complies with all the obligations of this Section 2 (D) and any other applicable provisions of this EDA Operation Grant Agreement. SECTION 3. EDA OPERATION GRANT. Subject to the conditions as set forth in this FDA Operation Grant Agreement, the EDA will provide certain grant funds, limited to those funds which are received by the EDA from the City, as set forth below, to Deschutes, in order to assist with the acquisition and installation of the Equipment necessary to operate the Facility, as follows: A. Deschutes shall apply for its initial FDA Operation Grant pursuant to this EDA Operation Grant Agreement by April 1 of the year in which Deschutes has submitted its initial inventory for business personal property /machinery and tools to the City of Roanoke, Virginia, Commissioner of Revenue ( "Commissioner") for the initial assessment of the City's business personal property tax / machinery and tools tax and Deschutes has received and paid the assessment for such business property tax/ machinery and tools tax by March 15 of that year ( "First Grant Year"). Each Grant Year shall be a calendar year commencing January I and ending December 31. B. Such EDA Operation Grant may be requested for a maximum period of four (4) consecutive Grant Years, beginning with the first Grant Year as determined in Section 3 (A) above. The four (4) year period shall continue to run whether or not an EDA Operation Pedormance Agreement— Draft 4 7 2016 DRAFT 4.7.20 F6 EDA Operation Grant request is made for any particular Grant Year. All EDA Operation Grant requests must be submitted to the EDA not later than April 1 of each subsequent Grant Year, provided that Deschutes has timely completed the following: (i) submitted its inventory of business personal property /machinery and tools with the Commissioner; and (ii) paid the assessment of the business personal property tax / machinery and tools tax determined by the Commissioner on or before March of each subsequent Grant Year. Furthermore, the amount of the EDA Operation Grant shall be reduced by the amount, if any, of a refund made by the City to Deschutes for an adjustment or overpayment of business personal property taxes/ machinery and tools taxes based upon an exoneration, in whole or in part, of the value of business personal property /machinery and tools for a prior Grant Year. C. The amount of each FDA Operation Grant request shall only be for an amount equal to 50% of the revenue amount actually received by the City as of March 15 of the Grant Year, subject to the limits set forth in this EDA Operation Grant Agreement, that directly resulted from the Property, the Facility or the Project and that came from business personal property taxes / machinery and tools taxes. Provided, however, any increase in the rate of the aforementioned tax for the purpose of dedicating the incremental revenue for a specific project or purpose shall be excluded from and not counted in the amount of tax revenue resulting from the Property or Project. SECTION 4. DISTRIBUTION OF EDA OPERATION GRANT FUNDS. Following its payment of business personal property taxes / machinery and tools taxes to the City in each Grant Year, but in no event later than April I of each Grant Year, and upon Deschutes' compliance with the obligations set forth in this EDA Operation Grant Agreement, Deschutes may request in writing that the EDA obtain and provide the EDA Operation Grant funds mentioned above in accordance with the terms of this EDA Operation Grant Agreement. Such request must be accompanied by sufficient documentation to establish to the reasonable satisfaction of the EDA and the City, Deschutes' compliance with the obligations set forth in this EDA Operation Grant Agreement. Upon receipt of such request, and approval by the EDA (approved request), the EDA will forward the approved request to the City Manager and Director of Economic Development. The written EDA Operation Grant request(s) from Deschutes to the EDA will be on a form approved by the EDA's counsel, attached hereto as Exhibit C. The EDA may disapprove any request not complying with the terms of this Agreement or require a revised request be submitted. Should the EDA disapprove an EDA Operation Grant request or require that Deschutes submit a revised request, the EDA shall provide written notice to Deschutes stating the basis for disapproval and any defect in the EDA Operation Grant request and specifying the required additional information. Deschutes shall submit the revised or resubmitted request within 30 days of receipt of such written notice. After the EDA approves a request, the EDA will promptly make a written request to the City for the distribution to the EDA of the City's appropriation of such funds. The EDA will forward approved Grant requests to the City Manager as well as the Director of Economic Development. The City will process such EDA 0,.,,.n PM..r nce Agreement - Dmfl 4 7 2-16 DRAFT 4.7.2016 approved request within 45 days of receipt thereof, subject to such funds being appropriated, as set forth in more detail in Section 20 below. The FDA will make any approved payment to Deschutes within 10 business days from the date of receipt of the funds from the City, provided, however, the FDA has no liability in the event the City delays processing the FDA's requisition. The EDA's obligations shall be limited to those funds which the FDA shall receive from the City and shall not be a general obligation, but a special obligation of the FDA. Furthermore, no EDA Operation Grant requests may be made by Deschutes or will be considered by the FDA after June 30 of the end of the fourth Grant Year. SECTION 5. PAYMENT OF EDA'S FEES. Deschutes shall pay all reasonable out -of- pocket fees (including attorney's fees), costs, and expenses of FDA incurred by FDA in connection with the approval of this EDA Operation Grant Agreement, but as to this approval of this EDA Operation Grant Agreement such amount will not exceed $5,000.00. Payment of such expenses shall not be made from proceeds of the FDA Operation Grant or any other EDA Grant. FDA will submit statements to Deschutes for such items and Deschutes will pay such statements within 30 days after such receipt of the invoice by Deschutes. SECTION 6. REPORTS TO THE EDA AND THE CITY Until Deschutes is no longer eligible to receive any EDA Grant pursuant to this EDA Operation Grant Agreement, Deschutes agrees to report to and provide the FDA and the City on a semi- annual basis, on or before June 30 and December 31 of each year, sufficient information related to Deschutes' compliance with the conditions of this EDA Operation Grant Agreement and to provide appropriate documentation to support such compliance. Deschutes also agrees to allow the FDA, the City, and /or its representative, on written request by the EDA or the City, to inspect, audit, copy, or examine any of Deschutes's books, documents, or other relevant materials that contains information relevant to Deschutes' compliance with the conditions of this FDA Operation Grant Agreement for the sole and exclusive purpose of confirming Deschutes' compliance with the conditions of this FDA Operation Grant Agreement. All such documents, information (including electronic data), or access shall be provided or made available within 30 days of a written request from either the FDA or the City, at no cost to the EDA or the City. However, any such audit or examination will not be more frequent than twice within a calendar year. SECTION 7. COMPLIANCE WITH LAWS. Deschutes agrees to comply with all applicable federal, state, and local laws, rules, and regulations in the performance of this EDA Operation Grant Agreement, including, but not limited to, obtaining, timely paying, and maintaining a City business license. 5 EDA operation Performance Agreement— Dma 4 .) 2016 DRAFT 4.7.2016 SECTION 8. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this EDA Operation Grant Agreement. SECTION 9. SEVERABILITY. If any term of this EDA Operation Grant Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this EDA Operation Grant Agreement, which will continue in full force and effect. The parties intend the remaining provisions of the EDA Operation Grant Agreement be enforced to the fullest extent permitted by applicable law. SECTION 10. AUTHORITY TO SIGN. The persons who have executed this EDA Operation Grant Agreement on behalf of the parties represent and warrant they are duly authorized to execute this EDA Operation Grant Agreement on behalf of their respective entities. SECTION 11. COUNTERPART COPIES. This EDA Operation Grant Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but ail of which together shall constitute a single instrument. SECTION 12. SUCCESSORS. The terms, conditions, provisions, and undertakings of this EDA Operation Grant Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and permitted assigns. SECTION 13. NONDISCRIMINATION. Until Deschutes is no longer eligible to receive any EDA Operation Grant pursuant to this EDA Operation Grant Agreement, Deschutes agrees as follows with respect to the Project and the Facility: A. Deschutes 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 Deschutes. Deschutes agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Deschutes in all solicitations or advertisements for employees placed by or on behalf of Deschutes will state Deschutes is an equal opportunity employer. EDA Operation Performance Agreement - Draft 4 ,7 2016 DRAFT 4.7.2016 C. 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. SECTION 14. ASSIGNMENT Deschutes shall not assign or transfer any part of this EDA Operation Grant Agreement to any party without the prior written consent of the City which consent shall not be unreasonably withheld, delayed, or conditioned. A change in the holder of the controlling interest in Deschutes shall constitute a transfer that is subject to the prior consent of the City. However, for avoidance of any doubt, an assignment does not include any transfer of a minority interest in the shares or other ownership interests of Deschutes, regardless of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence SECTION 15. INDEMNITY. Deschutes agrees to indemnify and hold harmless the EDA, the City, and their officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages, or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Deschutes or its agents, employees, or representatives arising out of or connected in any way to any of the matters involved in this EDA Operation Grant Agreement or any performance thereunder, except to the extent caused by the sole actions, omissions, or activities of the City, the EDA, or their agents or employees. SECTION 16. OPPORTUNITY TO CURE. Except for the requirements contained in Section 23, 2.C, and 2.D above, Deschutes shall not be deemed to have failed to perform or discharge any of Deschutes' duties or obligations in the other sections of this Agreement until such time as Deschutes receives written notice thereof and an opportunity to cure within thirty (30) days after written notice thereof, which notice shall specify the failure, or, if the failure is of such nature that it could not reasonably be cured within such thirty (30) day period and Deschutes does, within said thirty (30) day period, commences to cure such failure and thereafter proceed, with due diligence, to cure it as soon as is reasonably practicable under the circumstances, but in no event shall any such cure period be longer than a total of 180 days from the date of such notice. SECTION 17. FORUM SELECTION AND CHOICE OF LAW. This EDA Operation Grant Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia. This EDA Operation Grant Agreement is not subject to the conflict of laws provisions of the Commonwealth of Virginia, and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as 7 EDA Operation Performance Agreement —Draft 4,72016 DRAFT 4.7.2016 aforesaid. The parties further waive and agree not to assert in any such action, suit, or proceeding, that such party is not personally subject to the jurisdiction of such courts, that the action, suit, or proceeding, is brought in an inconvenient forum or that the venue of the action, suit, or proceeding is improper. SECTION 18. NONWAIVER. Each party agrees any party's waiver or failure to enforce or require performance of any term or condition of this EDA Operation Grant Agreement or any party's waiver of any breach of this EDA Operation Grant Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this EDA Operation Grant Agreement or a waiver of any other breaches of the Agreement by either party and does not waive the defaulting party's obligation under this EDA Operation Grant Agreement and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 19. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this EDA Operation Grant Agreement. SECTION 20. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the City or the EDA in connection with this EDA Operation Grant Agreement are subject to availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not provided, withdrawn, or otherwise not made available for this EDA Operation Grant Agreement, with the result that the City is unable to perform its obligations hereunder, the City shall give written notice to Deschutes of such unavailability of funding. The City Manager shall include funding for the EDA Operation Grants under this EDA Operation Grant Agreement in each annual budget proposed by the City Manager. If any such funding is not approved, withdrawn, or otherwise not made available for the EDA Operation Grants under this EDA Operation Grant Agreement, City shall provide Deschutes with written notice of such unavailability of funding. SECTION 21. PERFORMANCE. If Deschutes fails to comply with any of Deschutes' material obligations under this EDA Operation Grant Agreement, and which are not cured as may be allowed by this EDA Operation Grant Agreement, as determined by the City in the City's reasonable discretion, Deschutes will not be entitled to be eligible for and /or receive and /or continue to be eligible for and /or receive any such EDA Operation Grants funds as referred to above or in this EDA Operation Grant Agreement. 8 EDA Operation Port rma.ce Agreement — Draa 4 7 2016 DRAFT 4.7.2016 SECTION 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to City, to: City of Roanoke, City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -1138 With a copy to: City of Roanoke, Economic Development Director 117 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540 - 853 -1213 And, a copy to: City of Roanoke, City Attorney 464 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540 - 853 -1221 If to EDA, to: Chair, Economic Development Authority of the City of Roanoke, Virginia c/o Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 210 First Street, SW, Suite 200 Roanoke, Virginia 24011 Fax No. 540- 224 -8050 If to Deschutes, to: Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Attention: CEO With a copy to: Karnopp Petersen LLP 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Facsimile: 541 - 388 -5410 Attention: Jon J. Napier Notice shall be deemed delivered upon the date of personal service, five days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. EDA 0,raU.o Performance Agreement — NA 4 .) 2016 DRAFT 4.7.2016 SECTION 23. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be advised the City does not discriminate against faith -based oreanizations. :Y Bral I IMIM mall] RN as FAI J MW A delay in, or failure of, performance by any party, shall not constitute a default, nor shall Deschutes, the City, or EDA be held liable for loss or damage, or be in breach of this EDA Operation Grant Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent; provided, however, that lack of funds shall not be deemed to be a reason beyond the reasonable control of Deschutes. For purposes of this EDA Operation Grant Agreement any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and the party claiming delay caused by any and all such occurrences shall give the other parties written notice of the same within 30 days after the date such claiming party leams of such occurrence. Notwithstanding anything else set forth above, after a total of 9 months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. Deschutes shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Deschutes shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City or EDA may void this EDA Operation Grant Agreement if Deschutes fails to remain in compliance with the provisions of this section. However, the City and EDA agree that Deschutes may cure this matter within thirty (30) days after Deschutes' receipt of written notice from the City or EDA, as applicable, specifying the breach with reasonable particularity and stating that the City or EDA, as applicable, plans to void this EDA Operation Grant Agreement if such breach is not cured within thirty (30) days. to EDA Operation Nrf.m an A,re , — Draft 472016 DRAEf 4.7.2016 SECTION 26. DRAFTING OF THE EDA OPERATION GRANT AGREEMENT The provisions of this EDA Operation Grant Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if all parties jointly prepared this EDA Operation Grant Agreement. SECTION 27. RETENTION OF REPORTS TO EDA AND THE CITY. The City, EDA, and Deschutes shall maintain all books, records, and other documents relating to this EDA Operation Grant Agreement for a period of five (5) years after the end of each fiscal year included in this EDA Operation Grant Agreement. The City, EDA, and Deschutes, and their authorized employees, agents, and/or representatives, shall have reasonable access to and the right to examine, copy, and /or audit any of such materials of the other parties during the term of this EDA Operation Grant Agreement and /or retention period in connection with this EDA Operation Grant Agreement. SECTION 28. ATTORNEY'S FEES. If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this EDA Operation Grant Agreement, or otherwise in connection with the subject matter of this EDA Operation Grant Agreement, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding as determined by the presiding officials or court, as applicable. SECTION 29. ENTIRE AGREEMENT. This EDA Operation Grant Agreement, together with any exhibits or attachments, constitutes the entire agreement of the parties with regard to its subject matter and supersedes all prior agreements between the parties regarding said subject matter. No amendment to this Agreement shall be valid unless made in writing and signed by the parties. (SIGNATURE PAGE TO FOLLOW) EDA opemuon Performance Agreement —Dma 4 .) 2016 DRAFT 4.7.2016 IN WITNESS WHEREOF, the parties have executed this EDA Operation Grant Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: City Clerk Christopher P. Morrill, City Manager WITNESS: Printed Name and Title WITNESS: Braxton G. Naff, Secretary Approved as to form City Attorney Date: Approved as to form EDA Counsel Date: DESCHUTES BREWERY, INC. on behalf of itself and its subsidiaries and any affiliates that may be created to own and/or operate the Facility By: Gary Fish, CEO ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Allen Damon Williams, ( Approved as to execution City Attorney Date: Approved as to execution EDA Counsel Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date EDA opemiion Performance Agreement— Draft 4 7 .2016 Authorized by Ordinance No. 12 DRAFT 4.7.2016 Exhibit A to Performance Agreement Regarding Operation Period Economic Development Grant Among City of Roanoke, Virginia, Economic Development Authority of the City of Roanoke, and Deschutes Brewery, Inc. dated , 2016. DESCRIPTION OF PROPERTY ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 49.4173 acres, more or less, known as "Tract 1 -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract I -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E. ", prepared by Lumsden Associates, P.C., dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966, and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (1) Deed dated October 2, 1989, from Anderson Wade Douthat, 111, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, 111, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. The description of the Real Property will be amended to reflect the description established by the final survey obtain by Grantor and prepared by Lumsden Associates, P.C., entitled "Plat Showing ALTA /ACSM Land Title Survey of Tract 1 -A (49.4173 acres /2,152,616 Square Feet) (Map Book 1, Pages 2966- 2967), Property of the City of Roanoke, Virginia (Deed Book 1610, Page 205), situated at #2002 Blue Hills Drive, NE, Roanoke, Virginia," with a date of March 7, 2016, last revision date of 12016. 13 EDA Opemhon Performance Agreement — Draft 4 12016 DRAFT 4.7.2016 Exhibit C to Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia, Deschutes Brewery, Inc., and the Economic Development Authority of the City of Roanoke, Virginia EDA Operation Grant Request Form This EDA Operation Grant Request is submitted pursuant to a certain Performance Agreement Regarding Operation Period Economic Development Grant dated (the "EDA Operation Grant Agreement"), by and among the City of Roanoke, Virginia, ( "City "), Deschutes Brewery, Inc., ( "Deschutes "), and the Economic Development Authority of the City of Roanoke, Virginia, ("EDA"). Terms defined herein shall have the same meanings ascribed to such terms in the EDA Operation Grant Agreement. The EDA Operation Grant Agreement provides that Deschutes shall perform and comply with certain obligations as set forth in the EDA Operation Grant Agreement in order to qualify to receive and to continue to receive an EDA Operation Grant for each Grant Year as set forth in such EDA Operation Grant Agreement. Upon compliance with the provisions of the EDA Operation Grant Agreement, Deschutes may make a request to the EDA for an EDA Operation Grant in accordance with the procedures set forth in the EDA Operation Grant Agreement and subject to the terms and limitations on the amount of such Grant as further set forth in the EDA Operation Grant Agreement. Furthermore, Deschutes must supply documentation as required by the EDA Operation Grant Agreement in order to document Deschutes' request and Deschutes' compliance with the EDA Operation Grant Agreement. This documentation is set forth in Attachment 1 to this form. Each Grant Year is to be considered separately for compliance with the requirements for an EDA Operation Grant Request. Deschutes warrants and represents that it has complied with all the terms and conditions of the EDA Operation Grant Agreement necessary for Deschutes to obtain EDA Operation Grant Funds from the EDA, including, but not limited to, the applicable provisions of Section 2 of the EDA Operation Grant Agreement. Attached to this EDA Operation Grant Request form is the information Deschutes represents as being sufficient to demonstrate that the City has been paid and has actually received the sum of $ from the applicable revenue sources referred to in the EDA Operation Grant Agreement from the Project as of March 15, , and that Deschutes has complied with all requirements of the EDA Operation Grant Agreement to qualify it to receive this EDA Operation Grant. Deschutes further warrants and represents that {check one] _ Deschutes has not applied for or received a refund of business personal property taxes/ machinery and tools taxes paid to the City during a prior Grant Year; or Deschutes has received a refund of $ for business personal property taxes / machinery and tools taxes paid to the City for a prior Grant Year and such refund was not included in a prior Grant Request Form submitted by Deschutes ( "Refunded Amount "). Accordingly, Deschutes hereby requests from the EDA an EDA Operation Grant, as provided for in the EDA Operation Grant Agreement, in the amount of $ , which is an amount that is allowed by the terms of such EDA Operation Grant Agreement and which is supported by the attached documentation as Attachment I to this EDA Operation Grant Request. This EDA Operation Grant Request is for Grant Year No. 15 EDA Opemvon Perrmmance Agreement —Draft 4 72016 DRAFT 4.7.20 16 Amounts previously paid by the EDA to Deschutes in EDA Operation Grants total $ The EDA Operation Grant Agreement provides an EDA Operation Grant Request may be requested for a maximum period of four (4) consecutive years, which shall begin and include the first Grant Year. Therefore, since this is EDA Operation Grant Request No. for the Grant Year January 1, , through December 30, , there remain(s) consecutive years for which an EDA Operation Grant Request may be made by Deschutes provided Deschutes complies with the terms and provisions of the EDA Operation Grant Agreement. No EDA Operation Grant Request may be presented for any Grant Year after January 1, 2025 through December 31, 2025 and must be submitted on or before April 1, 2025. In the event of a conflict or difference between the terms of the EDA Operation Grant Agreement and those contained in this EDA Operation Grant Request form, the terms and provisions of the EDA Operation Grant Agreement shall control. Deschutes respectfully requests that the EDA process this EDA Operation Grant Request through the City and send copies to the City Manager and the City's Economic Development Administrator, in accordance with the provisions of the EDA Operation Grant Agreement. This EDA Operation Grant Request is dated WITNESS: Deschutes Brewery, Inc 0 Printed Name and Title Printed Name and Title [Subsidiary] 16 EDA Operation Perlaemance Agreement — Draft 4 7 2016 Exhibit B to Performance Agreement Regarding Operation Period Economic Development Grant Among City of Roanoke, Virginia; Economic Development Authority of the City of Roanoke; and Deschutes Brewery, Inc. Deschutes Brewery - Anticipated Equipment at Commissioning - Roanoke, VA Production area Type of eauioment Core Utilities Brewing Natural gas fired boilers Glycol chilling system Water filtration system (including RO) Fork trucks Waste treatment pH adjustment OC equipment Mash Tun / lauter tun / hop strainer / kettle / whirlpool - 250 bbl Grain silos - 5 to 20 ton Cable levy malt conveyance system Malt loading station Process Valves, Tanks, Pumps Centrifuges CIP plant Pasteurizer Yeast management system Collaring Centrifuge - 2.5 to 5.0 bbl per minute Fermentation vessels - 1,000 bbl Bright beer vessels - 1,000 bbl Bottling / Racking I Kegging Bulk glass de- palletizer Conveyance - 1,000 to 2,500 feet Empty bottle inspector Rinser / filler / crowner /labeler Case carton erector Six pack erector Label inspection equipment Case packer Full bottle inspector Aggregation tables Palletizer Shrink wrapper Fork trucks Keg cleaning and filling unit Robotic palletizer / shrink wrapper Automation software Total estimated cost for all listed equipment exceeds $45,000,000 DRAFT 4.7.2016 ATTACHMENT I to EDA Operation Grant Request Form Each Operation Grant Request shall include the following documentation: (1) A copy of the inventory of business personal property /machinery and tools for the current Grant Year submitted by Deschutes to the City of Roanoke, Virginia Commissioner of Revenue ( "Commissioner "); (2) A copy of the assessment of business personal property tai/ machinery and tools tax due from Deschutes with respect to such business personal property /machinery and tools; and (3) Evidence of payment of the business personal property tax/ machinery and tools tax paid to the City. 17 EDA Opemtion Performance Agreement— Draft 4 7 2016 DRAFT DATE: 43.2016 EXHIBIT 6 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY Schedule of Adjacent Parcels STREET ADDRESS OFFICIAL TAX MAP NO. 2300 Mason Mill Road, N.E. 7170501 2310 Mason Mill Road, N.E. 7170502 0 Mason Mill Road, N.E. 7170503 0 Mason Mill Road, N.E. 7170504 2402 Mason Mill Road, N.E. 7170505 2410 Mason Mill Road, N.E. 7170509 2426 Mason Mill Road, N.E. 7170507 Contract for Sale -Draft 43 2010 30 The RoAA� 6-1 "1C r•ILa Ia,t Roanoke, Virginia Affidavit of Publication EPP-1 . NC. Atrh E CITY OF ROANOKE, CITY CLERK 215 CHURCH AVENUE, S.W., SUITE 456 ROANOKE, VA 24011 Account Number 6048435 Date April 07, 2016 Date Category Description Ad Size Total Cosl 0411312016 Municipal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 117 L 603.52 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: 04107/2016 The First insertion being given ... 04/07/2016 Newspaper reference: 0000294118 I � Billing Representative Sworn to and subscribed before me this Thursday, April 7, 2616 Notary P tblic ``h.3G ir: %'j. State o Virginia City/County of Roanoke My Commission expires���������� =K' required by the terms of the Contract the Deed of trust provides the City with the power to sell the Property at NOTICE OF PUBLIC HEARING theodolitic sale In the event of A material default as defined in the Deed of Trust. The Deed of Trust n1O provides Nat upon Inflation. m full Forward to the requirements Of of all obligations of Buyer under the SfctiDi1 151 - 1800.8 and 1511813, Nate and Deed of Trost, the City will Code of Virginia (1950), as amended, release antl dl5uharge the Deed of Canoe is hereby given that the Council Trust. of the City of Roanoke will hold a public Copies of the proposed Contract. hearing on April 18, 2016, at Car prn, Nate, Deed of Trvst and the propCSfd or As on thereafter as the matter ordinance are available at the City may be heard,'m the Cc.... l Chamber, Cler's Office, ROOM 456, Noel C. Taylor 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, Municipal Builiing, 215 Church Avenue, Say, Roanoke, Virginia, 24011, on and S.W., Roanoke, Virginia, 24011, On a after Thursday, April 2. 2016. For proposed Contract far purchase and further information on the matter, you Sale of Real Property (contract) may contact the Office of the City Clerk between the City of Roanoke, Virginia at(540)053.2541. (City), and Deschutes Brewery, Inc., an All partifs and interested entities Oregon corporation pualiree to may appear on the above date and transact business n the time to be heard on the abuse matter. Coupon Coonwealth of Virginia (Pmort). If you arc a person with a Cli a on, v In con to ouyercertam Stephanie M. Morn Reynolds, located at 2002 Blue Hills City Clerk Roanoke, Virginia 24012, if apspresmably 4941/3 (2941101 orl s, tnpeiher with all of other obligations by Buyer, for the bonstruction and operation of a rewery and wamhousc fapility. Buyer agrees to ...cute A Nonnegotiable Promissory Note. in the principal amount of 42,T50,000 (Note), C0119ating Buyer to pay City, smirch to the terms of the Note, the principal ant together wltn accmee Interest At the rate of one percent (l0y) per as set forth In the Note, under which which note, ordeal and .,,old interest shall ll due nt In rye (5) eGpal nual Installments it principal paid together with all accrues one .paid interest on the unpaid pencihat balance of men Note, payment provided that this each installment payment shall be comes directed paid antl sansnee In fun as It camps tlue, and Buyer shall be antler C obligation to pay that installment payment to the clip If, at y time an installment is tlue. sluyer has performed the its obligations al et, and under Ina terms of the Nate and Section 19 he the contract: and Default (usher Nat If an Event of occurred, as set forth In the Note, has payment the city may accelerate payment of the occurring unpaid a blance tlue under NC Note and ticmantl payment in fun of Note, together gether principal accrued of the Cunneeogether balance with allaccruee roof the thereon. Upon Bu sale of grant Property to Deed Buyer toll the a pert priority the Cited of nun an the payment to and City m to by B ams performance of lM1e Note by Buyer, a NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.6 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on April 18, 2016, 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, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke, Virginia (City), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (Parent), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the Buyer), wherein the City proposes to sell to Buyer certain real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230101 (Property) for the sum of $2,750,000, together with other consideration and performance of other obligations by Buyer, for the construction and operation of a brewery and warehouse facility. Buyer agrees to execute a Nonnegotiable Promissory Note, in the principal amount of $2,750,000 (Note), obligating Buyer to pay City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Note, under which Note, principal and accrued interest shall be due in five (5) equal annual installments of principal together with all accrued and unpaid interest on the unpaid principal balance of this Note; provided that each installment payment shall be deemed paid and satisfied in full as it comes due, and Buyer shall be under no obligation to pay that installment payment to the City, if, at the time an installment is due, Buyer has performed its obligations as provided under the terms of the Note and Section 19 of the Contract; and provided further that, if an Event of Default, as set forth in the Note, has occurred, the City may accelerate payment of the remaining unpaid balance due under the Note and demand payment in full of the unpaid principal balance of the Note, together with all accrued interest thereon. Upon sale of the Property to Buyer, Buyer will grant a first priority Deed of Trust on the Property to the City to secure payment and performance of the Note by Buyer, as required by the terms of the Contract. The Deed of Trust provides the City with the power to sell the Property at foreclosure sale in the event of a material default as defined in the Deed of Trust. The Deed of Trust also provides that, upon satisfaction in full of all obligations of Buyer under the Note and Deed of Trust, the City will release and discharge the Deed of Trust. Copies of the proposed Contract, Note, Deed of Trust, and the proposed ordinance are available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Thursday, April 7, 2016. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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, April 14, 2016. Given under my hand this 7th day of April, 2016. Stephanie M. Moon Reynolds, City Clerk Send Publisher's Affidavit to: Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke 215 Church Avenue, S.W., Suite 456 Roanoke, VA 24011 Send Bill to: Deschutes Brewery, Inc. Attention: CFO 901 SW Simpson Avenue Bend, OR 97702 tr� CITY OF ROANOKE 0 OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 ,. Roanoke, Virginia 24011 -1536 -rdeplaut: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC A.Nbaa Deputy City Clerk April 19, 2016 Gary Fish, Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Dear Mr. Fish: I am enclosing copy of Ordinance No. 40486- 041816 authorizing the proper City officials to execute a Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Virginia, the Economic Development Authority of the City of Roanoke, Virginia and Deschutes Brewery, Inc., that provides for a grant in the amount of $3,000,000, subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Red nolds ,'MMC City Clerk Enclosure Karnopp Petersen, LLP, Attention: Jon J. Napier, 360 SW Bond Street, Suite 400, Bend, Oregon 97702 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development J IN'I'I IE C'OCINC'It. OE'1'IIE CITY OI; ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40486 - 041816. AN ORDINANCE authorizing the proper City ofticisIS to execute it C0u1M0Jlwealth'S Development Opportunity Fund Perliummnce Agreement (the "Performance Agreement ") among the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia (the "FDA "), and Deschutes Brewery, Inc., (the "Parent "), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiarics or affiliates that may be created to own and /or upon ate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, arc "Deschutes "), that provides for a grant in the amount of $3,000,000 subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 240t2 ( "Property ") that Deschutes will acquire for the construction and operation of a brewery and warehouse facility (the "Facility"); authorizing the City Manager to execute an Escrow Agreement between the City and EDA (the "Escrow Agreement "); authorizing the City Manager to accept the COF Grant, defined below, with the requirement that Deschutes achieve certain Local Incentives as described in the Performance Agreement and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement and the Escrow Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has been awarded a grant of and expects to receive $3,000,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority (the "VEDP ") for the purpose of Ordinance Authaiizing COF Pedonnance Agreement (4 18,16) 4 .5.16 drna.do inducing Deschutes to construct, equip, and operate the Facility located at the Property, as set filth in the City Council Agenda Report dated April 18, 2016 (the "Agenda Report "); WHEREAS, the Performance Agreement requires the City to provide Local Incentives to Deschutes in an amount at least equal to the amount of the COF Grant, all as more particularly set forth in the Agenda Report; WHEREAS, the City and Deschutes have negotiated and agreed to enter into a Contract for Purchase and Sale of Real Property (the "Contract ") under which Contract Deschutes will acquire the Property and at which location Deschutes will, after acquisition of the Property, develop, construct, and operate the Facility; WHEREAS, Deschutes has requested an economic development grant through the VEEP to assist with the cost of constructing the Facility at the Property (the "Project "); WHEREAS, pursuant to the Performance Agreement, the City is required to disburse the proceeds of the COF Grant to the EDA to be held in escrow by the EDA, pending acquisition of the Property by Deschutes and commencement of Construction Activity in accordance with the terms of the Contract, and upon satisfaction of these conditions, the EDA will provide the funds to or for the use of Deschutes, subject to Deschutes' promises and commitments to meet certain undertakings and obligations; WHEREAS, the City and the EDA desire to enter into the Escrow Agreement to set forth their agreement regarding the proceeds of the COF Grant; WHEREAS, City staff has advised Council that the Project will benefit economic development within the City and the Roanoke Region, and the Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and Ordinance COF Performance Agreement (4J8 16) 4 .5.16 drna.doc 2 WIIERIIAS, the City and the FDA wish to encourage Deschutes to Complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. '111FRFPORE, BE IT ORDAINED by the Council of City ofRoanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, the FDA, and Deschutes, as set forth in the attachment to the Agenda Report, which provides fur certain undertakings and obligations by Deschutes, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development giant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to accept the COE Grant and execute the Performance Agreement among the City, the EDA, and Deschutes, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is hereby authorized on behalf of the City to execute the Escrow Agreement between the City and the EDA, upon certain tennis and conditions as set forth in the Agenda Report. The Escrow Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Escrow Agreement will also be subject to the approval of the EDA. 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 the Performance Agreement and the Escrow Agreement, including, without OlAinance Authorizing COf Perfimlance A,,—v nl(418. 16)4 5,16 doft&n 3 I oliWtiorl, 1tYµiesling and receiving the proceeds of file COP Grant horn the VEDP and delivering the proceeds ofthe COP Grant to the EDA in accol-dance with the Escrow Agreement. Such other daculncnts shall be in a form approved by the City Attomcy. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST, U City Clerk. Ordinance A,,(I,orio, COF Perronnance Agreement (4.18.16) 4.5.16 dmR doe 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2016. No. 40487- 041816. AN ORDINANCE to appropriate funding for the Deschutes Commonwealth's Development Opportunity Fund Grant Performance Agreement project, amending and reordaining certain sections of the 2015 -2016 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 -2016 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 530 - 9471 -9007 $ 3,000,000 Revenues Deschutes — COF Grant 08- 530 - 9471 -9471 3,000,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Meeting: April 18, 2016 Subject: Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and Deschutes Brewery, Inc. (for Itself and its Subsidiaries and Affiliates), for Construction and Operation of a Brewery and Warehouse Facility to be Located at 2002 Blue Hills Drive, N.E. Roanoke, Virginia (Official Tax Map No. 7230101) Background The Commonwealth of Virginia through the Virginia Economic Development Partnership Authority (VEDP) has awarded a Commonwealth's Development Opportunity Fund grant of $3,000,000 (COF Grant) to the City of Roanoke for the purpose of inducing Deschutes Brewery, Inc. an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, as the Parent, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are Subsidiaries and the Parent and Subsidiaries together, jointly and severally, are Deschutes), to construct, equip, and operate a brewery and warehouse facility (Facility) on property currently owned by the City at 2002 Blue Hills Drive, N.E. Roanoke, Virginia (Official Tax Map No. 7230101) (Property). The funds are to be made available to Deschutes subject to certain performance requirements. These requirements are included in the attached proposed Commonwealth's Development Opportunity Fund Performance Agreement (Agreement) among the City, Deschutes, and the Economic Development Authority of the City of Roanoke, Virginia (EDA). Considerations: The City and Deschutes have proposed a contract (Contract) under which Deschutes will acquire the Property from the City and construct, equip, and operate the Facility. City Council will consider the Contract following a public hearing on the proposed sale of the Property as required by State Code on April 18, 2016. The COF Grant will be disbursed by VEDP to the City by no later than June 1, 2016. The City will then transfer the funds to the EDA for placement in an escrow account as provided in the attached Escrow Agreement between the City and EDA. The COF Grant will be disbursed from the escrow account by the EDA and transferred to Deschutes within 30 days after Deschutes has acquired the Property and commenced Construction Activity in accordance with the terms and conditions of the Contract. The proceeds of the COF Grant can be used by Deschutes for: public and private utility extension or capacity development on and off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; grading, drainage, paving, and any other activity required to prepare a site for construction; and construction of the Facility. In the event that Deschutes does not satisfy these requirements, EDA will distribute the COF Grant to the City and the City will return the COF Grant to VEDP. The Agreement provides for full repayment of the COF Grant funds by Deschutes if statutory minimum capital investment ($1,500,000) and job creation requirements (15 New Jobs) are not met By Deschutes by June 1, 2021. If statutory minimum capital investment and job creation requirements are met, but the total capital investment ($85,000,000) and job creation requirements (108 jobs) are not achieved by June 1, 2021, Deschutes would be required to make a partial repayment of the COF Grant. The partial repayment is calculated based upon the level of investment and /or job creation actually achieved by Deschutes on June 1 , 2021 . The City is required to fully match the $3,000,000 COF Grant by providing an equal amount of local grants and other incentives to Deschutes. The match requirement will be satisfied by some combination of the following: • Land value, forgiveness of debt, appreciation of land value $3,500,000 • Blue Hills Drive road and utility extensions (City Share) 2,404,180 • City & EDA Operation Period Grant 1,500,000 • Tinker Creek Greenway extension 1,000,000 • EDA Construction and job Training Grants 225,00( • Enterprise Zone grants 140.070 • Relocate and place underground electric lines crossing Property 35,436 • Installing directional signs and additional street lights along 13th Street, N.E., and Mason Mill Road, N.E. 4,665 Pursuant to the terms of the Agreement, VEDP agrees that (i) only the forgiveness of debt that occurs on or prior to June 1, 2022; and (ii) only the portion of the EDA Operation Period Grant disbursed on or before June 1, 2022 may be counted toward the local match requirement. The Agreement provides that the City shall be required, subject to appropriation, to make additional incentives in the event of a shortfall from the minimum requirement of $3,000,000 in Local Incentives. Recommended Action: Adopt the attached ordinance authorizing the City Manager to accept the COF Grant, and execute an agreement substantially similar to the Agreement attached to this Agenda Report, execute an escrow agreement substantially similar to the Escrow Agreement attached to this Agenda Report, and execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such agreements. All documents are subject to approval as to form by the City Attorney. Adopt the accompanying Budget Ordinance to establish a revenue account to receive the $3,000,000 COF Grant and a corresponding expenditure account for transfer of the funds to the EDA pursuant to the terms of the Escrow Agreement. Christopher P. Morrill City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development DRAFT DATE: 4.7.2016 COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT ( "Agreement ") made and entered this day of April, 2016, by and among the CITY OF ROANOKE, VIRGINIA (the "Locality "), a Virginia municipal corporation, DESCHUTES BREWERY, INC. ( "Parent "), an Oregon corporation, authorized to transact business in the Commonwealth, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are the "Company "), and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (the "Authority" or the "EDA "), a political subdivision of the Commonwealth of Virginia. RECITALS: WHEREAS, the Locality has been awarded a grant of and expects to receive $3,000,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing the Company to construct, equip, and operate a brewery and warehouse facility in the Locality (the "Facilit)"), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality and the Company have entered into a Contract for the acquisition of the Property at which location the Company will, after acquisition of the Property pursuant to the terms of the Contract, develop, construct, and operate the Facility; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the COT Grant, the use of the COF Grant proceeds, the obligations of the Company regarding Capital Investment and New Job creation and Maintenance, and the repayment by the Company of all or part of the COF Grant under certain circumstances; WHEREAS, the construction, equipping, and operation of the Facility is expected to result in a capital expenditure by or on behalf of the Company of approximately $85,000,000, of which approximately $45,000,000 will be invested in machinery and equipment and approximately $40,000,000 will be invested in the construction of a new building; WHEREAS, it is expected that the construction, equipping, and operation of the Facility will result in the creation and Maintenance of 108 New Jobs at the Facility as further set forth in the Agreement; and Deschutes COF Performance Agreement 04.07.2016 DRAFT DATE: 4.7.2016 WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the COF Grant. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein and made a part hereof, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, unless the context otherwise specifies or requires, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property (including, without limitation, improvements), taxable tangible personal property, or both, at the Facility. Without limitation, the purchase or lease of furniture, fixtures, machinery and equipment, including under an operating lease, by or on behalf of the Company will qualify as Capital Investment. "Contract" means the Contract for Purchase and Sale of Real Property dated April 2016, by and between the Locality, as Seller, and the Company, as Buyer, for the Property. "Day" or "Days" shall mean calendar days. "EDA Construction Period Grant Agreement" means that separate performance agreement between the Authority and the Company providing for an economic development grant to the Company by the Authority in the amount of $ 200,000 and comprising a portion of the Local -Level Incentives, including a mechanism for the Authority to enforce the Company's Repayment Obligations if necessary. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the Performance Date, allowing for the movement of positions to different shifts and positions to accommodate changes in work flow. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. "New Job" means new permanent full -time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage (i.e. the average annual wage of all New Jobs counted toward the Target measured on the Performance Date) of at least $44,928, not including the standard fringe benefits. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when ajob function is shifted from an existing location in Deschutes COF Performance Agreement 04.07.2016 DRAFT DATE: 4.7.2016 the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin - offjobs shall not qualify as New Jobs. "Performance Date" means June I, 2021. The Performance Date is not subject to extension. "Property" means the real property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 7230101, and more particularly described in the Contract. "Targets" means Capital Investments by the Company at the Facility of at least $85,000,000 and Company's target to create and Maintain at least 108 New Jobs at the Facility, all as of the Performance Date; provided that the Company has acquired the Property in accordance with the terms of the Contract and commenced Construction Activities by the Commencement Date set forth in the Contract. "Virginia Code" means the Code of Virginia of 1950, as amended Section 2. Targets: Statutory Criteria The Company will acquire the Property in accordance with and subject to the terms of the Contract and commence Construction Activities by the Commencement Date set forth in the Contract. Acquisition of the Property and commencement of Construction Activities by the Commencement Date, as set forth in the Contract, are conditions precedent to the COF Grant. As set forth in the definition of "Targets ", the Targets are to make a Capital Investment of at least $85,000,000, and create and Maintain at least 108 New Jobs at the Facility, all as of the Performance Date. The Locality and the Authority hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 Days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. The average annual wage of the New Jobs of at least $44,928 is more than the prevailing average annual wage in the Locality of $42,570. The Locality is a high - unemployment locality, with an unemployment rate for 2014, which is the last year for which such data is available, of 5.9% as compared to the 2014 statewide unemployment rate of 5.2 %. The Locality is a high - poverty locality, with a poverty rate for 2014, which is the last year for which such data is available, of 20.4% as compared to the 2014 statewide poverty rate of 11.8%. When the Company applied for the COF Grant on February 11, 2016, it entered into an Agreement with VEDP regarding the application (the "Certification Agreement "). In the Certification Agreement, the Company agreed that neither the Company, nor its officers, directors, and owners of or who have a controlling ownership interest in the Company (the "Applicant Group "), would make a Contribution during the No Contribution Period, as such Deschutes COF Performance Agreement 04.07.2016 3 DRAFT DATE: 4.7.2016 capitalized terms are defined in the Certification Agreement. The No Contribution Period ends on the one -year anniversary of the date of this Agreement. If the Company is made aware that any member of the Applicant Group has made a Contribution during the No Contribution Period, the Company shall provide immediate notice to VEDP. With the September I, 2017, annual report described in Section 6 herein, the Company shall certify whether any member of the Applicant Group made any Contribution during the No Contribution Period. Such certification will be in the form attached to this Agreement as Appendix A. If VEDP has possession of other evidence indicating that a member of the Applicant Group made a Contribution during the No Contribution Period, VEDP will provide such evidence to the Company. If any member or members of the Applicant Group made a Contribution during the No Contribution Period, the Company shall repay the entire COF Grant to the Authority within 90 Days of the earlier of the date of the (i) Company notice to VEDP, (ii) certification due in accordance with Section 6 herein, or (iii) delivery by VEDP to the Company of evidence in the possession of VEDP indicating that a member of the Applicant Group made a Contribution during the No Contribution Period (the "Contribution Notification Date "). Further, the Company shall assist with the implementation of the civil penalties to be paid by the member or members of the Applicant Group who made such Contributions. Section 3. Disbursement of COF Grant. By no later than June 1, 2016, the Locality will request the disbursement to it of the COF Grant. If not so requested by the Locality by June 1, 2016, this Agreement will terminate unless such date is extended in writing by VEDP. The Locality and the Company will be entitled to reapply for a COF Grant thereafter, based upon the terms, conditions and availability of funds at that time. Within 30 Days of its receipt of the COF Grant proceeds, the Locality will disburse the COF Grant proceeds to the Authority to be held in escrow by the Authority pursuant to the terms and conditions of an escrow agreement between the Locality and the Authority. Within 30 Days of the Authority's receipt of written notice from the Locality that the Company has acquired the Property pursuant to the terms of the Contract and has commenced Construction Activity by the Commencement Date set forth in the Contract, the Authority will disburse the COT Grant proceeds to the Company as an inducement to the Company to achieve the Targets at the Facility. As permitted by Section 2.2- 115(D) of the Virginia Code, the Company will use the COF Grant proceeds for: public and private utility extension or capacity development on and off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; grading, drainage, paving, and any other activity required to prepare a site for construction; and construction of the Facility. It is understood that the Locality is only responsible for the amount of funds the Locality receives from the COF Grant, and the Authority's obligations under this Agreement are not general obligations of the Authority, but are special obligations of the Authority limited to those funds which are provided by the Locality and received by the Authority under the terms of this Agreement. In the event that the Company has not acquired the Property in accordance with the terms of the Contract or has not commenced Construction Activities by the Commencement Date set forth in the Contract, the Authority shall, within 30 Days after receipt of written notice from the Locality, return the funds provided by the Locality hereunder, without any accrued interest Deschutes COF Performance Agreement 04.07.2016 4 DRAFT DATE: 4.7.2016 thereon, to the Locality and the Locality shall return such funds to VEDP for redeposit into the Commonwealth's Development Opportunity Fund. Upon return of the funds to VEDP, this Agreement shall automatically terminate, and the Company shall have no right to receive the COF Grant and shall have no further obligations under this Agreement. Section 4. Break -Even Point: State and Local Incentives. (a) State -Level Incentives: VEDP has estimated that the Commonwealth will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the COT Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: Cateeory of Incentive: Total Amount COT Grant $3,000,000 Virginia Jobs Investment Program ( "VJIP ") (Estimated) 81,000 Enterprise Zone Job Creation Grant ( "E. Z. Job Creation Grant ") 308,800 (Estimated) Enterprise Zone Real Property Investment Grant ( "E. Z. Real 200,000 Property Investment Grant ") (Estimated) Economic Development Access Program Grant (Estimated) 650,000 The proceeds of the COT Grant shall be used for the purposes described in Section 3. The VJIP proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the E. Z. Job Creation Grant and the E. Z. Real Property Investment Grant may be used by the Company for any lawful purpose. The proceeds of the Economic Development Access Program Grant will be used for transportation improvements associated with the development of the Facility. (b) Locality -Level Incentives: The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Cateeory of Incentive: Total Amount Land Sale, Forgiveness of Debt, and Appreciation of Assessed $3,500,000* Value of Land Building Permit Fees Rebate (Estimated) 132,360 Water, Fire and Sewer Hookup Fees Grant ( "Connection Fees 7,710 Rebate ") (Estimated) Underground Power Line Installation (Estimated) 35,436 Road Signage from Downtown to Roanoke Center for Industry and 1,665 Technology ( "Road Signage") (Estimated) Blue Hills Drive Road Extension ( "Road Extension ") (Estimated) 2,404,180 ** 13ih Street and Mason Mill Road Street Light Installation ( "Street 3,000 Light Installation ") (Estimated) Deschutes COF Performance Agreement 04.07.2016 DRAFT DATE: 4.7.2016 Tinker Creek Greenway Connection ( "Greenway Connection') 1,000,000 (Estimated) EDA Construction Period Grant (Estimated) 200,000 Authority Enterprise Zone Job Training Grant ( "Authority E. Z. Job 25,000 Training Grant ") (Estimated) Operation Period Grant (Estimated) 1,500,000 * ** * Pursuant and subject to the terms of the Contract, the Company will acquire the Property for the purchase price of $2,750,000 by executing and delivering a Promissory Note, secured by a Deed of Trust, to the Locality. The Promissory Note is payable in five annual installments commencing one (1) year after the Performance Date; provided that the Locality will forgive each annual installment if the Company satisfies the conditions set forth in the Promissory Note. The projected assessment of the Property after the Company acquires the Property pursuant to the terms of the Contract is approximately $3,500,000. For purposes of this Agreement and calculation of the Locality -Level Incentives attributable to the Property, the amount applicable to the Locality -Level Incentives attributable to the Property shall be the minimum of $1,300,000; the sum of (i) the first principal installment due under the Promissory Note ($550,000) and (ii) the difference between the assumed assessed value of the Property and the Purchase Price for the Property under the Contract ($750,000), assuming the first installment is due not later than June 1, 2022. ** This amount may include a grant from the United States Economic Development Administration in the amount of $1,527,090. For purposes of this Agreement, the amount applicable to the Locality -Level Incentives attributable to the road extension improvements shall be $877,090, assuming the Locality receives the full amount of the federal grant. * ** The Locality, the Authority, and the Company are entering into a Performance Agreement Regarding Operation Period Economic Development Grant to provide the Company with up to four (4) operational grants, the total amount of which is estimated to be $1,500,000. In accordance with EDA Operation Period Economic Development Grant, the amount of each operational grant will be an amount equal to 50% of the revenue amount actually received by the Locality from the Company for business personal property taxes /machinery and tools taxes incurred at the Facility. For purposes of this Agreement, the amount applicable to the Locality - Level Incentives attributable to the Operation Period Grant shall be the minimum sum of $350,000, assuming the first Operation Period Grant provided to the Company occurs on or before January 1, 2022. If, by the Performance Date, the proceeds or value of the Locality-Level Incentives set forth above that have been disbursed or committed to be disbursed by the Locality to the Company total less than the $3,000,000 COF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Authority for the Authority to make a grant to the Company of the difference at the Performance Date, so long as the Company has met its Targets. The value of the Land Sale, Forgiveness of Debt, and Appreciation of Assessed Value of Land, the Building Permit Fees Rebate, the Connection Fees Rebate, and the Underground Power Line Installation shall represent cost savings to the Company. The Road Signage, the Deschutes COT Performance Agreement 04.07.2016 DRAFT DA'Z'E: 4.7.2016 Road Extension, the Street Light Installation, and the Greenway Connection shall provide access to the Facility and benefit the Company and the public. The proceeds of the EDA Construction Period Grant shall be used by the Company for public and private utility extension or capacity development on and off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; grading, drainage, paving, and any other activity required to prepare a site for construction; and construction of the Facility. The proceeds of the Authority E. Z. Job Training Grant shall be used by the Company to reimburse itself for job training costs. The proceeds of the EDA Operation Period Grant shall be used by the Company to defray the cost of acquisition and installation of the Equipment and related costs necessary for the acquisition and installation of Equipment that will be incurred by the Company. Section 5. Repayment Oblieation. (a) If Statutory Minimum Eligibility Requirements are Not Met: Section 2.2 -115 of the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000 in the Facility and create and Maintain at least 15 New Jobs at the Facility as of the Performance Date in order to be eligible for the COT Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the entire COT Grant must be repaid by the Company to the Authority. (b) If Statutory Minimum Eligibility Requirements are Met: The provisions of this subsection (b) shall become applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a). For purposes of repayment, the COT Grant is to be allocated as $1,500,000 (50 %) for the Company's Capital Investment Target and $1,500,000 (50 %) for its New Jobs Target. If the Company has met at least 90% of both of the Targets at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the COT Grant. If the Company has not met at least 90% of either or both of its Targets at the Performance Date, the Company shall repay to the Authority that part of the COF Grant that is proportional to the Target or Targets for which there is a shortfall. For example, if at the Performance Date, the Capital Investment is only $63,750,000 (reflecting achievement of 75% of the Capital Investment Target) and only 81 New lobs have been created and Maintained (reflecting achievement of 75% of the New Jobs Target), the Company shall repay to the Authority 25% of the moneys allocated to the Capital Investment Target ($375,000) and 25% of the moneys allocated to the New Jobs Target ($375,000). (c) Determination of Inability to Comply: If the Locality, the Authority or VEEP shall reasonably and in good faith determine at any time prior to the Performance Date (a "Determination Date ") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay the entire COT Grant to the Authority. Such a determination shall be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant material event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COT Grant. Deschutes COF Performance Agreement 04.07.2016 DRAFT DATE: 4.7.2016 (d) Repayment Due to Contributions. As described in Section 2, if any member of the Applicant Group made a Contribution during the No Contribution Period, the Company shall repay the entire COT Grant to the Authority within 90 Days of the Contribution Notification Date. (e) Repayment Dates: Such repayment shall be due from the Company to the Authority within ninety days of the Performance Date, the Contribution Notification Date, or the Determination Date, as applicable. Any moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth's Development Opportunity Fund. The Locality and the Authority shall use commercially reasonable efforts to recover such funds, including legal action for breach of this Agreement. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums hereunder unless said sums have been received by the Authority from the Company. Section 6. Company Reporting. The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at September I, 2017, and covering the period through the prior June 1. Further, the Company shall provide such progress reports at such other times as the Locality, the Authority or VEDP may reasonably require. With its September I, 2017, progress report, the Company shall certify in the form attached to this Agreement as Appendix A whether any member of the Applicant made a Contribution during the No Contribution Period. With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax or, as applicable, shall provide to VEDP a copy of its Virginia income tax form filed with respect to its status as a pass - through entity. VEDP has represented to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. The Company hereby authorizes the Locality, including the Office of Real Estate Valuation, the Office of the Commissioner of the Revenue, and the Office of the Treasurer, to release to VEDP the Company's real estate tax, business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If VEDP should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality, the Authority or VEDP may request. Deschutes COF Performance Agreement 04.07.2016 8 DRAFT DATE: 4.7.2016 If requested by VEEP, the Company shall provide to VEDP copies of the Company's quarterly filings with the Virginia Employment Commission covering the period from the date of this Agreement through the Performance Date. Section 7. Notices. Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below (or any other address the party to be notified may have designated to the sender by like notice). Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the fifth business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Company, to: Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Attention: CEO if to the Locality, to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W., Room 364 Roanoke, Virginia 24011 Facsimile: 540- 853 -1153 Email: citymgr @roanokeva.gov Attention: City Manager if to the Authority, to: Economic Development Authority of the City of Roanoke, Virginia 117 Church Avenue, S.W. Roanoke, Virginia 24011 Facsimile: 540 - 853 -1213 Email: econdevl @roanokeva.gov Attention: Chair Deschutes COF Performance Agreement 04.07.2016 with a copy to: Kamopp Petersen LLP 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Facsimile: 541 - 388 -5410 Attention: Jon J. Napier with a copy to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W., Room 464 Roanoke, Virginia 24011 Facsimile: 540 -85 3 -1221 Email: cityatty @roanokeva.gov Attention: City Attorney with a copy to: Economic Development Authority of the City of Roanoke, Virginia 37 Campbell Avenue, S.W. Roanoke, Virginia 24011 Facsimile: 540- 224 -8050 Email: hdarby @glennfeldmann.com Attention: Harwell M. Darby, Jr., Esq. DRAFT DATE: 4.7.2016 if to V EDP, to: Virginia Economic Development Partnership Until 5/22/16: 901 East Byrd Street, 19`' Floor After 5/22/16: 901 East Cary Street, 8" Floor Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.561 1 Email: dgundersen @yesvirginia.org Attention: President and CEO Section 8. Miscellaneous. with a copy to: Virginia Economic Development Partnership Until 5/22/16: 901 East Byrd Street, 19" Floor After 5/22/16: 901 East Cary Street, 86 Floor Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.561 1 Email: smcninch @yesvirginia.org Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall only lie in the Circuit Court of the City of Roanoke, Virginia and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney's Fees: If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this Agreement, or otherwise in connection with the subject matter of this Agreement, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding as determined by the presiding officials or court, as applicable. SIGNATURE PAGE ON FOLLOWING PAGE Deschutes COF Performance Agreement 04.07.2016 10 DRAFT DATE: 4.7.2016 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. WITNESS: CITY OF ROANOKE, VIRGINIA m Deschutes COF Performance Agreement 04.07.20 16 Christopher P. Morrill, City Manager Printed Name and Title (SEAL) WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Braxton G. Naff, Secretary Allen Damon Williams, Chair (SEAL) WITNESS: DESCHUTES BREWERY, INC. on behalf of itself and its subsidiaries and affiliates that may be created to own and /or operate the Facility Printed Name and Title Printed Name and Title Approved as to Form Approved as to Execution City Attorney City Attorney Approved as to Form Approved as to Execution Counsel for EDA Counsel for EDA Deschutes COF Performance Agreement 04.07.20 16 DRAFT DATE: 4.7.2016 Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date Acct# Authorized by Ordinance No. Deschutes COF Performance Agreement 04.07.2016 12 DRAFT DATE: 4.7.2016 COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT APPENDIX A NO CONTRIBUTION CERTIFICATION Deschutes Brewery, Inc. (the "Company "), and the Virginia Economic Development Partnership Authority ( "VEDP ") entered into an Agreement dated [ 11 2016 (the "Certification Agreement "), with respect to the Company's application for a grant from the Commonwealth's Development Opportunity Fund (a "COF Grant"). Pursuant to the Certification Agreement, the Company, on behalf of itself and the Company's officers, directors, and owners of or who have a controlling ownership interest in the Company (the "Applicant Group "), listed in the Appendix to the Certification Agreement, made certain certifications and covenants in accordance with Section 2.2 -115 I. of the Code of Virginia of 1950, as amended. These certifications and covenants were meant to ensure that no member of the Applicant Group would make a Contribution during the No Contribution Period, as such capitalized terms are defined in the Agreement. Ka By its signature below, the Company hereby certifies to VEDP that, to the best of its knowledge, no member of Applicant Group made a Contribution during the No Contribution Period. By its signature below, the Company hereby certifies to VEDP that to the best of its knowledge, the following members of the Applicant Group made the following Contributions during the No Contribution Period: Name Amount of Contribution Date of Contribution In accordance with the COF Grant Performance Agreement dated [ 11 2016, the Company will repay the entire COF Grant to the Economic Development Authority of the City of Roanoke, Virginia within 90 Days of this Certification. DESCHUTES BREWERY, INC. By Name: Title: Date: 2017 Deschutes COF Performance Agreement 04.07.2016 13 DRAFT DATE: 04.07.2016 ESCROW AGREEMENT This Escrow Agreement ( "Agreement ") is made this day of , 2016, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "City"), and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ( "EDA "). RECITALS: WHEREAS, the City has entered into a Contract for Purchase and Sale of Real Property dated 2016 ( "Contract") with Deschutes Brewery, Inc., an Oregon corporation authorized to conduct business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are the "Deschutes "), for the sale of certain real property, together with improvements thereon situated at 2002 Blue Hills Drive, N. E., Roanoke, Virginia, depicted as Official Tax Map No. 7230101 ( "Property "), to construct, equip, and operate a brewery and warehouse facility at the Property ( "Facility "); WHEREAS, pursuant to the terms of the Contract, Deschutes may conduct its due diligence with respect to the conditions of the Property and seek Permits and Approval prior to the acquisition of title to the Property; WHEREAS, Deschutes is obligated to commence Construction Activity as defined in the Contract at the Property on or before June 1, 2019; WHEREAS the City, the EDA, and Deschutes have entered into a Commonwealth's Development Opportunity Fund Performance Agreement dated , 2016 ("COT Performance Agreement ") which sets forth the terms and conditions under which the City will receive a grant in the amount of $3,000,000 ( "COF Grant ") from the Virginia Economic Development Partnership Authority, ( "V EDP "); WHEREAS, pursuant to the terms of the COF Performance Agreement the City is required to request disbursement of the proceeds of the COF Grant from V EDP on or before June 1, 2016; WHEREAS, pursuant to the COF Performance Agreement, the City is required to disburse the proceeds of the COF Grant to EDA to be held in escrow by EDA pending notification from the City that Deschutes has acquired the Property in accordance with the terms of the Contract and commenced Construction Activity in accordance with the Contract; WHEREAS, VEDP has advised the City and EDA that any interest income the EDA may earn during the period the EDA holds such COF Grant funds shall be deemed to be the property of the EDA, and the City and EDA hereby agree to this as well; and DRAFT DATE: 04.07.2016 WHEREAS, the City and EDA desire to enter into this Agreement to set forth their agreement regarding the proceeds of the COF Grant. THEREFORE, for and in consideration of the mutual covenants and conditions set forth herein, including the Recitals set forth in this Agreement which Recitals are incorporated herein and made a part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the City and EDA, the City and FDA agree as follows: SECTION 1. DEFINED TERMS. Unless the context otherwise specifies or requires, or unless defined in this Agreement, capitalized terms used in this Agreement shall have the meaning ascribed to such capitalized terms as set forth in the Contract. SECTION 2. DEPOSIT OF GRANT PROCEEDS. After the City requests and receives the COF Grant funds from the VEDP, the City will provide such funds to the EDA, as the escrow agent of the City, to be held in escrow by FDA, in an interest bearing account or accounts if the EDA elects to do so, and the COF Grant funds, and any interest thereon, will be disbursed or applied in accordance with the terms and conditions of this Agreement. EDA will acknowledge receipt of the proceeds of the COF Grant funds and EDA will confirm that the proceeds of the COF Grant have been deposited into a separate, segregated account or accounts of EDA. EDA shall hold the proceeds of the COF Grant in trust and shall disburse the proceeds of the COF Grant solely pursuant to written instructions provided to EDA by the City and in accordance with this Agreement. SECTION 3. INVESTMENT OF PROCEEDS QUARTERLY REPORTS. 3.1 EDA shall invest the proceeds of the COF Grant in investments permitted to be used by political subdivisions of the Commonwealth under the laws of the Commonwealth of Virginia, including the Virginia Security for Public Deposits Act (Va. Code § 2.2 -4400 et seq.) and the Investment of Public Funds Act (Va. Code § 2.2 -4500 et seq.). 3.2 Quarterly, beginning as of September 1, 2016, and thereafter until the proceeds of the COF Grant have been disbursed by EDA pursuant to the provisions of this Agreement, EDA shall deliver to the Director of Finance for the City a statement describing the balance of the account in which the proceeds of the COF Grant are held by it, including any income that may have been earned on the proceeds of the COF Grant. SECTION 4. DISBURSEMENT 4.1 Disbursement to Deschutes. Within 30 days after receipt of written notice from the City that Deschutes has (i) acquired the Property in accordance with the terms of the Contract; and (ii) commenced DRAFT DATE: 04.07.2016 Construction Activities by the Commencement Date; EDA shall disburse the sum of $3,000,000, which funds constitute the COF Grant, to Deschutes in accordance with Section 3 of the COF Performance Agreement. 4.2 Disbursement to Citv. In the event that Deschutes has not (i) acquired the Property in accordance with the terms of the Contract; or (ii) commenced Construction Activities by the Commencement Date; EDA, within 30 days after EDA's receipt of written notice from the City pursuant to this Section 4.2, shall disburse the sum of $3,000,000 to the City. The City shall return within 30 days of the City's receipt of such funds the sum of $3,000,000 to the VEDP, for redeposit into the Commonwealth's Development Opportunity Fund. SECTION 5. LIABILITY OF ESCROW AGENT. 5.1 The liability of EDA, as escrow agent under this Agreement, shall be limited to the disbursement of $3,000,000 pursuant to Section 4 of this Agreement. EDA shall be responsible for any loss in investment of the proceeds of the COF Grant resulting from the actions of the EDA, to the extent that any loss results in the balance of the proceeds of the COF Grant being less than $3,000,000. 5.2 In the event that, at the time a disbursement is required to be made by EDA pursuant to Section 4 of this Agreement, the balance of proceeds of the COF Grant held by FDA in escrow is less than $3,000,000, the difference between (i) $3,000,000, and (ii) the balance of the COF Grant held by EDA shall constitute a general obligation of FDA for which the City shall have all rights and remedies available to the City to recover any such difference that resulted from the actions of the EDA. =41116100MINO G7 EDA shall retain all income earned on the account or accounts established pursuant to this Agreement in which the proceeds of the COF Grant are placed and invested by EDA that remains after disbursement of $3,000,000 by EDA pursuant to this Agreement, if any. The EDA shall be deemed the sole owner of all such excess funds and may use any such funds for any purposes allowed by law. EDA shall be entitled to no other compensation or reimbursement hereunder. SECTION 7. ASSIGNMENT. EDA shall not assign or transfer any of its rights, duties, or obligations under this Agreement without the express prior written consent of the City, which consent may be granted or withheld in the sole and absolute discretion of the City. DRAFT DATE: 04.07.2016 SECTION 8. TERMINATION. This Agreement shall terminate upon the disbursement of $3,000,000 by EDA pursuant to Section 4 of this Agreement. SECTION 9. ENTIRE AGREEMENT: AMENDMENTS. This Agreement constitutes the entire agreement of the City and FDA with respect to the escrow of the proceeds of the COF Grant. This shall not be amended, altered, or modified except by an agreement in writing executed by the City and FDA. SECTION 10. AUTHORITY TO SIGN. The persons executing this Agreement on behalf of the City or EDA represent and warrant that they are authorized to execute this Agreement on behalf the City or FDA, respectfully. SECTION 11. FORUM SELECTION AND APPLICABLE LAW. This Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia. SECTION 12. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2- 4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 13. NOTICES. All notices hereunder shall be in writing and shall be deemed validly given, if personally delivered, sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed to the following addresses (or to any other address the party to be notified may have designated to the sender by like notice of such address change): If to the City: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 DRAFT DATE: 04.07.2016 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540- 853 -1213 If to EDA: Economic Development Authority of the City of Roanoke, Virginia ATTN: Chair c/o Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 210 I" Street, S.W., Suite 200 Roanoke, VA 24011 Notice shall be deemed delivered upon the date of personal service, five (5) business days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SIGNATURES APPEAR ON FOLLOWING PAGE DRAFT DATE: 04.07.2016 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk (SEAL) By: Christopher P. Morrill, City Manager WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Braxton G. Naff, Secretary Approved as to form City Attorney Approved as to form EDA Counsel By: Allen Damon Williams, Chair Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date Acct 4 Authorized by Ordinance No. Gary Fish, Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Dear Mr. Fish: I am enclosing copy of Ordinance No. 40488- 041816 authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia, the Economic Development Authority of the City of Roanoke, Virginia, and Deschutes Brewery, Inc., that provides for grants estimated to be $1,500,000.00, subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Karnopp Petersen, LLP, Attention: Jon J. Napier, 360 SW Bond Street, Suite 400, Bend, Oregon 97702 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)8534541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerkeroanokeva.gov CECELIA F. City Clerk Deputy City Clerk t Clerk April 19, 2016 CECELIAT.WEBB,CIVIC Aneiatam Deaaly City Clerk Gary Fish, Chief Executive Officer Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Dear Mr. Fish: I am enclosing copy of Ordinance No. 40488- 041816 authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia, the Economic Development Authority of the City of Roanoke, Virginia, and Deschutes Brewery, Inc., that provides for grants estimated to be $1,500,000.00, subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 18, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Karnopp Petersen, LLP, Attention: Jon J. Napier, 360 SW Bond Street, Suite 400, Bend, Oregon 97702 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development IN TIIE COUNCIL OF 9'IIP: CITY 01; ROANOKE, VIRGINIA The 18th dsy of April, 2016. No. 40488 - 01,181.6. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke, Virginia (the "FDA "), and Deschutes Brewery, Inc. (the "Parent "), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates arc "Subsidiaries' and the Parent and Subsidiaries together, jointly and severally, are "Deschutes "), that provides for grants estimated to be $1,500,000 subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012 (`Property ") that Deschutes will acquire for the construction and operation of a brewery and warehouse facility (the "Facility "); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, Deschutes has proposed the construction and operation of a brewery and warehouse facility located at the Property after Deschutes acquires the Property from the City in accordance with the terms and conditions of a Contract for the Purchase and Sale of Real Estate between the City and Deschutes (the "Contract'), as set forth in the City Council Agenda Repoli dated April 18, 2016 (the "Agenda Report"); Ordinance Anthonzing EDA Pedonnanec Agreement (4.1 R. 16) 4,5 16 dmft,doc WHEREAS, cunstntction of the Facility at the Property (the "Project') will require the auluisition and installation ol'specialized machinery and equipment designed for the production of becrai the Facility (the "Equipment" ); WHEREAS, Deschutes has requested an economic development grant through the EDA to assist with the cost of acquisition and installation of the Equipment and related costs necessary for the acquisition and installation of the Equipment; WHEREAS, City staff has advised Council that the Project will benefit economic development within the City and the Roanoke Region, and the Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage Deschutes to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. City Council hereby approves the terms of the Perfor)ance Agreement Regarding Operation Period Economic Development Grant among the City, the EDA, and Deschutes (the "Performance Agreement'), as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by Deschutes, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute the Performance Agreement, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda OMinance Authonzing EDA Perfo?uunce Agreewnent (4.19 _I6) 4 .5.16 diaa.doc 2 Report and in a form approved by the City Attorney. The Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement. Such other documents shall be in a fonn approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. Oidinanee Aethodzing EDA Petfonnance Agneeinent (4.18.16)4 5.16 draft doe 3 Meeting: April 18, 2016 Subject: Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and Deschutes Brewery, Inc. (for Itself and its Subsidiaries and Affiliates), for Construction and Operation of a Brewery and Warehouse Facility to be Located at 2002 Blue Hills Drive, N.E. Roanoke, Virginia (Official Tax Map No. 7230101) Background The City of Roanoke (City) and the Economic Development Authority of the City of Roanoke, Virginia (EDA), for the purpose of inducing Deschutes Brewery, Inc. an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, the Parent, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are Deschutes) to construct, equip, and operate a brewery and warehouse facility (Facility) on property currently owned by the City at 2002 Blue Hills Drive, N.E., Roanoke, Virginia (Official Tax Map No. 7230101) (Property) proposes to provide grants composed of an amount equal to a portion of the business personal property tax /machinery and tools tax paid by Deschutes for property located at the Facility, subject to certain undertakings and obligations by the parties as enumerated in the attached proposed Performance Agreement Regarding Operation Period Economic Development Grant (Agreement) among the City, EDA, and Deschutes. Considerations: In order to qualify for the Operation Period Economic Development Grant, Deschutes must complete construction of the Facility and commence commercial production and sale of beer on or before June 1, 2021 at the Facility; must spend at least $26,000,000 by June 1, 2021, for equipment installed at the Facility; and must file and pay all applicable City taxes and fees. Deschutes is required to pay all reasonable out -of- pocket fees (including attorney's fees), costs, and expenses of EDA not to exceed $5,000 incurred by EDA in connection with approval of this Agreement. If these requirements are fully satisfied, Deschutes will be eligible for a maximum of four (4) consecutive annual grants commencing with the first year that Deschutes submits its initial inventory for business personal property tax /machinery and tools tax to the City Commissioner of Revenue. The amount of each grant will be equal to 50% of the revenue actually received by the City as of March 15, for the subject grant year from business personal property tax /machinery and tools tax generated at the Facility. The estimated value of the equipment to be located at the Facility upon the commencement of production as listed in Exhibit B of the Agreement is expected to exceed $45,000,000. Based on the current tax rate, the total business personal property tax /machinery and tools tax on equipment with a value of $45,000,000 during the first four years of brewery operation would be $2,794,500. The total amount of the four grants that would be paid to Deschutes based on this amount of estimated investment would be $1,397,250 (50% of $2,794,500). Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute an agreement substantially similar to the Agreement attached to this Report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Agreement. All documents are subject to approval as to form by the City Attorney. �;Iistopzl -� faro Morrill City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development DRAFT 4.7.2016 PERFORMANCE AGREEMENT REGARDING OPERATION PERIOD ECONOMIC DEVELOPMENT GRANT This Performance Agreement Regarding Operation Period Economic Development Grant ( "EDA Operation Grant Agreement') is dated , 2016, by and among the City of Roanoke, Virginia, a municipal corporation ( "City "), Deschutes Brewery Inc., (the "Parent'), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are "Deschutes "), and the Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia ( "EDA "). RECITALS WHEREAS, Deschutes has proposed to construct, equip, and operate at 2002 Blue Hills Drive, N.E., in the City, a brewery and warehouse for the commercial production and sale of beer ( "Facility"); WHEREAS, construction of the Facility will involve substantial investment in the property to be acquired by Deschutes from the City at 2002 Blue Hills Drive, N.E., Roanoke, Virginia, containing approximately 49.4173 acres, more or less, depicted as Official Tax Map No. 7230101, and more particularly described in Exhibit A attached hereto and made a part hereof ( "Property "); WHEREAS, construction of the Facility will require the acquisition and installation of specialized machinery and equipment designed for the production of beer at the Facility ( "Equipment') and such Equipment is more particularly described in Exhibit B attached hereto and made a part hereof; WHEREAS, construction of the Facility at the Property ( "Project'), including installation of the Equipment, will be performed substantially in accordance with certain plans ( "Project Plans ") to be submitted to the City of Roanoke Planning, Building and Development Department; WHEREAS, the City and Deschutes have entered into a Contract for the Purchase and Sale of Real Property dated , 2016 ( "Contract') under which Deschutes has agreed, subject to terms and conditions, as set forth in the Contract, to purchase the Property for $2,750,000; EDA Opemtion Performance Agreement— Dmlt 4 72016 DRAF "1 4.7.2016 WHEREAS, the City recognizes that construction of the Facility will require Deschutes to incur significant costs related to acquisition and installation of the Equipment; WHEREAS, Deschutes has requested economic grants from the City through the EDA to assist with the cost of acquisition and installation of the Equipment and related costs necessary for the acquisition and installation of Equipment ( "Equipment Expenses "); WHEREAS, the City and the EDA desire that development of the Project proceed, have determined such Project will promote economic development within the City and within the Roanoke Region, and such Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; WHEREAS, the EDA, based on the undertakings of Deschutes, has determined to make an annual economic development grant for a specified period to Deschutes from funds to be provided to the EDA by the City, all in accordance with the terms of this EDA Operation Grant Agreement; WHEREAS, Deschutes plans to undertake the Project based, in part, on the commitment of the EDA and City to make an annual economic development grant for a specified period to Deschutes in accordance with the terms of this EDA Operation Grant Agreement; and WHEREAS, the parties wish to reduce to writing the agreement of the parties concerning this matter. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in the above Recitals, which Recitals are incorporated herein and made a part hereof, and as set forth herein, mutually agree as follows: SECTION 1. EDA OPERATION GRANTS. Subject to the terms of this EDA Operation Grant Agreement, the EDA shall, for the purposes of promoting economic development in the City and the Roanoke Region, make four (4) annual EDA Operation Grants (each an EDA Operation Grant), the total amount of which is estimated to be $1,500,000, to Deschutes in order to assist with Equipment Expenses related to completing the Project. The EDA's obligations hereunder are not general obligations of the EDA, but are special obligations of the EDA limited to those funds which are provided by the City and received by the EDA under the terms set forth herein. SECTION 2. OBLIGATIONS OF DESCHUTES. Deschutes agrees and promises that in order to qualify to receive and to continue to receive each EDA Operation Grant for each grant year (as defined in this Agreement), Deschutes shall do or provide each of the following, all of which are material to this EDA Operation Grant Agreement: A. Provide to the EDA and the City on request prior to the execution of this EDA Operation Grant Agreement, and promptly at any time after its execution, sufficient EDA Opemtion Performance Agreement— Draft 4 7 2016 DRAFT 4.7.2016 documentation, as reasonably determined by the EDA and the City, establishing that Deschutes has the right, authority, and financial ability to develop the Property as contemplated by this EDA Operation Grant Agreement and to operate the Facility on such Property. B. Deschutes shall complete construction of the Facility and commence production and sale of beer at the Facility on or before June I, 2021, in accordance with all permits, approvals, and authorizations pursuant to applicable federal, state, and local laws, rules, regulations, and ordinances. C. Deschutes shall spend or cause to be spent the amount of at least $26,000,000 by June 1, 2021, for the items set forth in Exhibit B (the "Minimum Equipment Expenses "). Deschutes shall provide verification of the expenditures for such Minimum Equipment Expenses by submitting a copy of the inventory of its business personal property tax /machinery and tools tax return at the time Deschutes submits its initial request for an EDA Operation Grant. D. Deschutes shall file all appropriate and applicable real estate taxes, other taxes, fees, stormwater utility fees, and other tax forms or notices with the City and timely pay all such taxes and fees to the City and not claim any exemptions from real estate taxes or other taxes or fees with respect to the Property or the Facility for any periods of time for which EDA Operation Grant funds are requested. Deschutes shall also ensure that the owner of the Property and any entity that may operate and /or manage the Facility and/or Property, if different than Deschutes, also complies with all the obligations of this Section 2 (D) and any other applicable provisions of this EDA Operation Grant Agreement. SECTION 3. EDA OPERATION GRANT. Subject to the conditions as set forth in this EDA Operation Grant Agreement, the EDA will provide certain grant funds, limited to those funds which are received by the EDA from the City, as set forth below, to Deschutes, in order to assist with the acquisition and installation of the Equipment necessary to operate the Facility, as follows: A. Deschutes shall apply for its initial EDA Operation Grant pursuant to this EDA Operation Grant Agreement by April 1 of the year in which Deschutes has submitted its initial inventory for business personal property /machinery and tools to the City of Roanoke, Virginia, Commissioner of Revenue ( "Commissioner") for the initial assessment of the City's business personal property tax / machinery and tools tax and Deschutes has received and paid the assessment for such business property tax/ machinery and tools tax by March 15 of that year ( "First Grant Year"). Each Grant Year shall be a calendar year commencing January 1 and ending December 31. B. Such EDA Operation Grant may be requested for a maximum period of four (4) consecutive Grant Years, beginning with the first Grant Year as determined in Section 3 (A) above. The four (4) year period shall continue to run whether or not an EDA Operation ?a ormarnc Ageement— Drell 4 7 2016 DRAFT 4.7.2016 EDA Operation Grant request is made for any particular Grant Year. All EDA Operation Grant requests must be submitted to the EDA not later than April I of each subsequent Grant Year, provided that Deschutes has timely completed the following: (i) submitted its inventory of business personal property /machinery and tools with the Commissioner; and (ii) paid the assessment of the business personal property tax / machinery and tools tax determined by the Commissioner on or before March of each subsequent Grant Year. Furthermore, the amount of the EDA Operation Grant shall be reduced by the amount, if any, of a refund made by the City to Deschutes for an adjustment or overpayment of business personal property taxes/ machinery and tools taxes based upon an exoneration, in whole or in part, of the value of business personal property /machinery and tools for a prior Grant Year. C. The amount of each EDA Operation Grant request shall only be for an amount equal to 50% of the revenue amount actually received by the City as of March 15 of the Grant Year, subject to the limits set forth in this EDA Operation Grant Agreement, that directly resulted from the Property, the Facility or the Project and that came from business personal property taxes / machinery and tools taxes. Provided, however, any increase in the rate of the aforementioned tax for the purpose of dedicating the incremental revenue for a specific project or purpose shall be excluded from and not counted in the amount of tax revenue resulting from the Property or Project. SECTION 4. DISTRIBUTION OF EDA OPERATION GRANT FUNDS. Following its payment of business personal property taxes / machinery and tools taxes to the City in each Grant Year, but in no event later than April I of each Grant Year, and upon Deschutes' compliance with the obligations set forth in this EDA Operation Grant Agreement, Deschutes may request in writing that the EDA obtain and provide the EDA Operation Grant funds mentioned above in accordance with the terms of this EDA Operation Grant Agreement. Such request must be accompanied by sufficient documentation to establish to the reasonable satisfaction of the EDA and the City, Deschutes' compliance with the obligations set forth in this EDA Operation Grant Agreement. Upon receipt of such request, and approval by the EDA (approved request), the EDA will forward the approved request to the City Manager and Director of Economic Development. The written EDA Operation Grant request(s) from Deschutes to the EDA will be on a form approved by the EDA's counsel, attached hereto as Exhibit C. The EDA may disapprove any request not complying with the terms of this Agreement or require a revised request be submitted. Should the EDA disapprove an EDA Operation Grant request or require that Deschutes submit a revised request, the EDA shall provide written notice to Deschutes stating the basis for disapproval and any defect in the EDA Operation Grant request and specifying the required additional information. Deschutes shall submit the revised or resubmitted request within 30 days of receipt of such written notice. After the EDA approves a request, the EDA will promptly make a written request to the City for the distribution to the EDA of the City's appropriation of such funds. The EDA will forward approved Grant requests to the City Manager as well as the Director of Economic Development, The City will process such EDA Oyerelion Performance Agreement— Dma 4 72016 DRAFT 4.7.2016 approved request within 45 days of receipt thereof, subject to such funds being appropriated, as set forth in more detail in Section 20 below. The FDA will make any approved payment to Deschutes within 10 business days from the date of receipt of the funds from the City, provided, however, the FDA has no liability in the event the City delays processing the EDA's requisition. The EDA's obligations shall be limited to those funds which the EDA shall receive from the City and shall not be a general obligation, but a special obligation of the FDA. Furthermore, no EDA Operation Grant requests may be made by Deschutes or will be considered by the FDA after June 30 of the end of the fourth Grant Year. SECTION 5. PAYMENT OF EDA'S FEES. Deschutes shall pay all reasonable out -of- pocket fees (including attorney's fees), costs, and expenses of FDA incurred by EDA in connection with the approval of this EDA Operation Grant Agreement, but as to this approval of this EDA Operation Grant Agreement such amount will not exceed $5,000.00. Payment of such expenses shall not be made from proceeds of the FDA Operation Grant or any other FDA Grant. EDA will submit statements to Deschutes for such items and Deschutes will pay such statements within 30 days after such receipt of the invoice by Deschutes. SECTION 6. REPORTS TO THE EDA AND THE CITY. Until Deschutes is no longer eligible to receive any FDA Grant pursuant to this FDA Operation Grant Agreement, Deschutes agrees to report to and provide the EDA and the City on a semi- annual basis, on or before June 30 and December 31 of each year, sufficient information related to Deschutes' compliance with the conditions of this EDA Operation Grant Agreement and to provide appropriate documentation to support such compliance. Deschutes also agrees to allow the EDA, the City, and /or its representative, on written request by the EDA or the City, to inspect, audit, copy, or examine any of Deschutes's books, documents, or other relevant materials that contains information relevant to Deschutes' compliance with the conditions of this EDA Operation Grant Agreement for the sole and exclusive purpose of confirming Deschutes' compliance with the conditions of this EDA Operation Grant Agreement. All such documents, information (including electronic data), or access shall be provided or made available within 30 days of a written request from either the FDA or the City, at no cost to the EDA or the City. However, any such audit or examination will not be more frequent than twice within a calendar year. SECTION 7. COMPLIANCE WITH LAWS. Deschutes agrees to comply with all applicable federal, state, and local laws, rules, and regulations in the performance of this EDA Operation Grant Agreement, including, but not limited to, obtaining, timely paying, and maintaining a City business license. 5 FDA Operation Peao ma ce Ageemem— Dmfl 4.7 2016 DRAF1 4.7.2016 SECTION 8. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this EDA Operation Grant Agreement. SECTION 9. SEVERABILITY. If any term of this EDA Operation Grant Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this FDA Operation Grant Agreement, which will continue in full force and effect. The parties intend the remaining provisions of the EDA Operation Grant Agreement be enforced to the fullest extent permitted by applicable law. SECTION 10. AUTHORITY TO SIGN. The persons who have executed this EDA Operation Grant Agreement on behalf of the parties represent and warrant they are duly authorized to execute this EDA Operation Grant Agreement on behalf of their respective entities. SECTION 11. COUNTERPART COPIES. This EDA Operation Grant Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 12. SUCCESSORS. The terms, conditions, provisions, and undertakings of this FDA Operation Grant Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and permitted assigns. SECTION 13. NONDISCRIMINATION. Until Deschutes is no longer eligible to receive any EDA Operation Grant pursuant to this EDA Operation Grant Agreement, Deschutes agrees as follows with respect to the Project and the Facility: A. Deschutes 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 Deschutes. Deschutes agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Deschutes in all solicitations or advertisements for employees placed by or on behalf of Deschutes will state Deschutes is an equal opportunity employer. EDA Operation Performance Agecment —Draft 4 ? 2016 DRAFT 4.7.1-016 C. 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. SECTION 14. ASSIGNMENT. Deschutes shall not assign or transfer any part of this EDA Operation Grant Agreement to any party without the prior written consent of the City which consent shall not be unreasonably withheld, delayed, or conditioned. A change in the holder of the controlling interest in Deschutes shall constitute a transfer that is subject to the prior consent of the City. However, for avoidance of any doubt, an assignment does not include any transfer of a minority interest in the shares or other ownership interests of Deschutes, regardless of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence SECTION 15. INDEMNITY Deschutes agrees to indemnify and hold harmless the EDA, the City, and their officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages, or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Deschutes or its agents, employees, or representatives arising out of or connected in any way to any of the matters involved in this EDA Operation Grant Agreement or any performance thereunder, except to the extent caused by the sole actions, omissions, or activities of the City, the EDA, or their agents or employees. SECTION 16. OPPORTUNITY TO CURE Except for the requirements contained in Section 2.13, 2.C, and 2.D above, Deschutes shall not be deemed to have failed to perform or discharge any of Deschutes' duties or obligations in the other sections of this Agreement until such time as Deschutes receives written notice thereof and an opportunity to cure within thirty (30) days after written notice thereof, which notice shall specify the failure, or, if the failure is of such nature that it could not reasonably be cured within such thirty (30) day period and Deschutes does, within said thirty (30) day period, commences to cure such failure and thereafter proceed, with due diligence, to cure it as soon as is reasonably practicable under the circumstances, but in no event shall any such cure period be longer than a total of 180 days from the date of such notice. SECTION 17. FORUM SELECTION AND CHOICE OF LAW This EDA Operation Grant Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia. This EDA Operation Grant Agreement is not subject to the conflict of laws provisions of the Commonwealth of Virginia, and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as EDA Operation Performance Agreemenl - Draft 4 7 .2016 DRAFT 4.7.2016 aforesaid. The parties further waive and agree not to assert in any such action, suit, or proceeding, that such party is not personally subject to the jurisdiction of such courts, that the action, suit, or proceeding, is brought in an inconvenient forum or that the venue of the action, suit, or proceeding is improper. SECTION 18. NONWAIVER. Each party agrees any party's waiver or failure to enforce or require performance of any term or condition of this EDA Operation Grant Agreement or any party's waiver of any breach of this EDA Operation Grant Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this EDA Operation Grant Agreement or a waiver of any other breaches of the Agreement by either party and does not waive the defaulting party's obligation under this EDA Operation Grant Agreement and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 19. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this EDA Operation Grant Agreement. SECTION 20. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the City or the EDA in connection with this EDA Operation Grant Agreement are subject to availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not provided, withdrawn, or otherwise not made available for this EDA Operation Grant Agreement, with the result that the City is unable to perform its obligations hereunder, the City shall give written notice to Deschutes of such unavailability of funding. The City Manager shall include funding for the EDA Operation Grants under this EDA Operation Grant Agreement in each annual budget proposed by the City Manager. If any such funding is not approved, withdrawn, or otherwise not made available for the EDA Operation Grants under this EDA Operation Grant Agreement, City shall provide Deschutes with written notice of such unavailability of funding. SECTION 21. PERFORMANCE. If Deschutes fails to comply with any of Deschutes' material obligations under this EDA Operation Grant Agreement, and which are not cured as may be allowed by this EDA Operation Grant Agreement, as determined by the City in the City's reasonable discretion, Deschutes will not be entitled to be eligible for and/or receive and /or continue to be eligible for and /or receive any such EDA Operation Grants funds as referred to above or in this EDA Operation Grant Agreement. 8 FAA Opemtion Peff0mance Agreement —Daft 4.72016 DRAFT 4.7.2016 SECTION 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to City, to: City of Roanoke, City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540 -853 -1138 With a copy to: City of Roanoke, Economic Development Director 117 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -1213 And, a copy to: City of Roanoke, City Attorney 464 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -1221 If to FDA, to: Chair, Economic Development Authority of the City of Roanoke, Virginia c/o Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 210 First Street, SW, Suite 200 Roanoke, Virginia 24011 Fax No. 540- 224 -8050 If to Deschutes, to: Deschutes Brewery, Inc. 901 SW Simpson Avenue Bend, Oregon 97702 Attention: CEO With a copy to: Karnopp Petersen LLP 360 SW Bond Street, Suite 400 Bend, Oregon 97702 Facsimile: 541 - 388 -5410 Attention: Jon J. Napier Notice shall be deemed delivered upon the date of personal service, five days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. EDA Opmlion Performance Agreement —Dmfl 4.72016 DRAFT 4.7.2016 SECTION 23. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be advised the City does not discriminate against faith -based organizations. SECTION 24. FORCE MAJEURE. A delay in, or failure of, performance by any party, shall not constitute a default, nor shall Deschutes, the City, or EDA be held liable for loss or damage, or be in breach of this FDA Operation Grant Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent; provided, however, that lack of funds shall not be deemed to be a reason beyond the reasonable control of Deschutes. For purposes of this FDA Operation Grant Agreement any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and the party claiming delay caused by any and all such occurrences shall give the other parties written notice of the same within 30 days after the date such claiming party learns of such occurrence. Notwithstanding anything else set forth above, after a total of months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. Deschutes shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Deschutes shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City or FDA may void this FDA Operation Grant Agreement if Deschutes fails to remain in compliance with the provisions of this section. However, the City and FDA agree that Deschutes may cure this matter within thirty (30) days after Deschutes' receipt of written notice from the City or FDA, as applicable, specifying the breach with reasonable particularity and stating that the City or FDA, as applicable, plans to void this FDA Operation Grant Agreement if such breach is not cured within thirty (30) days. EDA Opemlem Performance Agreement —Draft 4 ? 2016 DRAFT 4.7.2016 SECTION 26. DRAFTING OF THE EDA OPERATION GRANT AGREEMENT The provisions of this EDA Operation Grant Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if all parties jointly prepared this EDA Operation Grant Agreement. SECTION 27. RETENTION OF REPORTS TO EDA AND THE CITY. The City, EDA, and Deschutes shall maintain all books, records, and other documents relating to this EDA Operation Grant Agreement for a period of five (5) years after the end of each fiscal year included in this EDA Operation Grant Agreement. The City, EDA, and Deschutes, and their authorized employees, agents, and /or representatives, shall have reasonable access to and the right to examine, copy, and /or audit any of such materials of the other parties during the term of this EDA Operation Grant Agreement and /or retention period in connection with this EDA Operation Grant Agreement. SECTION 28. ATTORNEY'S FEES. If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this FDA Operation Grant Agreement, or otherwise in connection with the subject matter of this EDA Operation Grant Agreement, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees and other fees, costs, and expenses of every kind directly related to such proceeding as determined by the presiding officials or court, as applicable. SECTION 29. ENTIRE AGREEMENT. This EDA Operation Grant Agreement, together with any exhibits or attachments, constitutes the entire agreement of the parties with regard to its subject matter and supersedes all prior agreements between the parties regarding said subject matter. No amendment to this Agreement shall be valid unless made in writing and signed by the parties. (SIGNATURE PAGE TO FOLLOW) EDA 0,.Mn Ped..an,e Agreement— Dmft 4 7 2016 DRAFT 4.7.2016 IN WITNESS WHEREOF, the parties have executed this EDA Operation Grant Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: City Clerk Christopher P. Morrill, City Manager WITNESS: DESCHUTES BREWERY, INC. on behalf of itself and its subsidiaries and any affiliates that may be created to own and /or operate the Facility Printed Name and Title WITNESS: Braxton G. Naff, Secretary Approved as to form City Attorney Date: Approved as to form EDA Counsel Date: Gary Fish, ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By: Allen Damon Williams, Chair Approved as to execution City Attorney Date: Approved as to execution EDA Appropriation and funds required for this Agreement are subject to future appropriation. Director Date Acct# Authorized by Ordinance No. 12 EDA Operation Performance Agreement —Draft 472016 DRAFT 4.7.2016 Exhibit A to Performance Agreement Regarding Operation Period Economic Development Grant Among City of Roanoke, Virginia, Economic Development Authority of the City of Roanoke, and Deschutes Brewery, Inc. dated -2016. DESCRIPTION OF PROPERTY ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 49.4173 acres, more or less, known as "Tract 1 -A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book I, Pages 2875 -76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1 -A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right -of -Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right -of -Way of Mason Mill Road, N.E. ", prepared by Lumsden Associates, P.C., dated Much 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book I, Page 2966, and known as Roanoke Official Tax Map No. 7230101. Being the same property conveyed to the City of Roanoke, Virginia, by the following deeds: (1) Deed dated October 2, 1989, from Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1610, Page 205, (2) Deed of Correction dated October 3, 1989, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann Scott Douthat, and Anderson Wade Douthat, III, and Frances Brown, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1612, Page 1155, and (3) Deed dated June, 22, 1990, from Nancy D. Goss and L.W. Goss, recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Deed Book 1624, Page 1883. The description of the Real Property will be amended to reflect the description established by the final survey obtain by Grantor and prepared by Lumsden Associates, P.C., entitled "Plat Showing ALTA /ACSM Land Title Survey of Tract 1 -A (49.4173 acres /2,152,616 Square Feet) (Map Book 1, Pages 2966- 2967), Property of the City of Roanoke, Virginia (Deed Book 1610, Page 205), situated at #2002 Blue Hills Drive, NE, Roanoke, Virginia," with a date of March 7, 2016, last revision date of , 2016. 13 EDA Operation Peff rmance Agreement —Draft 4 ,] 2016 Exhibit B to Performance Agreement Regarding Operation Period Economic Development Grant Among City of Roanoke, Virginia; Economic Development Authority of the City of Roanoke; and Deschutes Brewery, Inc. Deschutes Brewery - Anticipated Equipment at Commissioning - Roanoke, VA Production area Toe of eguipmen t Core Utilities Natural gas fired boilers Glycol chilling system Water filtration system (including RO) Fork trucks Waste treatment pH adjustment OC equipment Brewing Mash Tun / tauter tun /hop strainer /kettle /whirlpool - 250 bbl Grain silos - 5 to 20 ton Cable levy malt conveyance system Malt loading station Process Valves, Tanks, Pumps Centrifuges CIP plant Pasteurizer Yeast management system Collaring Centrifuge - 2.5 to 5.0 bbl per minute Fermentation vessels - 1,000 bbl Bright beer vessels - 1,000 bbl Bottling / Racking / Kegging Bulk glass de- palletizer Conveyance - 1,000 to 2,500 feet Empty bottle inspector Rinser / filler / crowner / labeler Case carton erector Six pack erector Label inspection equipment Case packer Full bottle inspector Aggregation tables Pallelizer Shrink wrapper Fork trucks Keg cleaning and filling unit Robotic palletizer / shrink wrapper Automation software Total estimated cost for all listed equipment exceeds $45,000,000 DRAFT 4.7.2016 Exhibit C to Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia, Deschutes Brewery, Inc., and the Economic Development Authority of the City of Roanoke, Virginia EDA Operation Grant Request Form This EDA Operation Grant Request is submitted pursuant to a certain Performance Agreement Regarding Operation Period Economic Development Grant dated , (the "EDA Operation Grant Agreement"), by and among the City of Roanoke, Virginia, ( "City"), Deschutes Brewery, Inc., (`Deschutes "), and the Economic Development Authority of the City of Roanoke, Virginia, ( "EDA "). Terms defined herein shall have the same meanings ascribed to such terms in the EDA Operation Grant Agreement. The EDA Operation Grant Agreement provides that Deschutes shall perform and comply with certain obligations as set forth in the EDA Operation Grant Agreement in order to qualify to receive and to continue to receive an EDA Operation Grant for each Grant Year as set forth in such EDA Operation Grant Agreement. Upon compliance with the provisions of the EDA Operation Grant Agreement, Deschutes may make a request to the EDA for an EDA Operation Grant in accordance with the procedures set forth in the EDA Operation Grant Agreement and subject to the terms and limitations on the amount of such Grant as further set forth in the EDA Operation Grant Agreement. Furthermore, Deschutes must supply documentation as required by the EDA Operation Grant Agreement in order to document Deschutes' request and Deschutes' compliance with the EDA Operation Grant Agreement. This documentation is set forth in Attachment 1 to this form. Each Grant Year is to be considered separately for compliance with the requirements for an EDA Operation Grant Request. Deschutes warrants and represents that it has complied with all the terms and conditions of the EDA Operation Grant Agreement necessary for Deschutes to obtain EDA Operation Grant Funds from the EDA, including, but not limited to, the applicable provisions of Section 2 of the EDA Operation Grant Agreement. Attached to this EDA Operation Grant Request form is the information Deschutes represents as being sufficient to demonstrate that the City has been paid and has actually received the sum of $ from the applicable revenue sources referred to in the EDA Operation Grant Agreement from the Project as of March 15, , and that Deschutes has complied with all requirements of the EDA Operation Grant Agreement to qualify it to receive this EDA Operation Grant. Deschutes further warrants and represents that {check one] _ Deschutes has not applied for or received a refund of business personal property taxes/ machinery and tools taxes paid to the City during a prior Grant Year; or Deschutes has received a refund of $ for business personal property taxes / machinery and tools taxes paid to the City for a prior Grant Year and such refund was not included in a prior Grant Request Form submitted by Deschutes (`Refunded Amount"). Accordingly, Deschutes hereby requests from the EDA an EDA Operation Grant, as provided for in the EDA Operation Grant Agreement, in the amount of $ , which is an amount that is allowed by the terms of such EDA Operation Grant Agreement and which is supported by the attached documentation as Attachment 1 to this EDA Operation Grant Request. This EDA Operation Grant Request is for Grant Year No. 15 EDA Operation Nff...n,e Agreement— Dma 4 7 2016 DRAFT 4.7.2016 Amounts previously paid by the EDA to Deschutes in EDA Operation Grants total $ The EDA Operation Grant Agreement provides an EDA Operation Grant Request may be requested for a maximum period of four (4) consecutive years, which shall begin and include the first Grant Year. Therefore, since this is EDA Operation Grant Request No. for the Grant Year January 1, , through December 30, , there remain(s) consecutive years for which an EDA Operation Grant Request may be made by Deschutes provided Deschutes complies with the terms and provisions of the EDA Operation Grant Agreement. No EDA Operation Grant Request may be presented for any Grant Year after January 1, 2025 through December 31, 2025 and must be submitted on or before April 1, 2025. In the event of a conflict or difference between the terms of the EDA Operation Grant Agreement and those contained in this EDA Operation Grant Request form, the terms and provisions of the EDA Operation Grant Agreement shall control. Deschutes respectfully requests that the EDA process this EDA Operation Grant Request through the City and send copies to the City Manager and the City's Economic Development Administrator, in accordance with the provisions of the EDA Operation Grant Agreement. This EDA Operation Grant Request is dated WITNESS: Deschutes Brewery, Inc. Lfi Printed Name and Title Printed Name and Title [Subsidiary] 16 EDA CVeM,.n Nff.m.n Agreement - Draft 472016 DRAFT 4.7.2016 ATTACHMENT 1 to EDA Operation Grant Request Form Each Operation Grant Request shall include the following documentation: (1) A copy of the inventory of business personal property /machinery and tools for the current Grant Year submitted by Deschutes to the City of Roanoke, Virginia Commissioner of Revenue ( "Commissioner "); (2) A copy of the assessment of business personal property tax/ machinery and tools tax due from Deschutes with respect to such business personal property /machinery and tools; and (3) Evidence of payment of the business personal property tax/ machinery and tools tax paid to the City. 17 EDA Opmtion Perfommnce Agreement —Draft 4 7 2016 �M1612016 Local Officials ArNocaBrg Sanctuary Pdicies Put Illegal Criminals Ahead of Americans - The Daily Signal 'D RC Q �(Y1Q THEDAILYSIGNAL OF �f. �$ S Local Officials Advocating Sanctuary Policies Put Illegal Criminals Ahead of Americans Hans von Spakovsky / December 11, 2015 San Francisco and other cities across the United States have created so- called "sanctuaries" for illegal aliens. These municipalities are defying federal immigration law, just like some Southern jurisdictions that defied federal civil rights laws in the 1960s. But unlike that earlier era, today's sanctuary cities are creating safe havens for known criminals. Their policies have victimized innocent Americans, enabling illegal aliens to commit thousands of crimes that would not otherwise have occurred. There is no question that sanctuary policies violate federal immigration law. One provision of the law (8 USC 1373) bans local governments from preventing law enforcement or other government officials from sharing information with the federal government on the "citizenship or immigration status, lawful or unlawful, of any individual." So sanctuary policies such as those in San Francisco that ban local police officers from notifying the Department of Homeland Security when they arrest a criminal alien —or release him after he has served his sentence —are plainly illegal. Unfortunately, in keeping with its general non - enforcement policy regarding immigration law, the Obama administration announced in 2010 that it would not sue sanctuary cities for flouting the law. We know these criminal aliens are victimizing Americans. In 2011, the Government Accountability Office released a study on approximately 250,000 illegal aliens locked up in our federal, state, and local prisons. Those prisoners had been arrested nearly 1.7 million times and committed 3 million offenses, averaging about seven arrests and 12 offenses each. Their convictions ran the gamut from drug - dealing and sex crimes to kidnapping and murder. California, Texas, and Arizona, which have large numbers of illegal aliens, have significant problems due to those aliens breaking the law. Indeed, an unreleased internal report by the Texas Department of Public Safety indicates that from 2008 to 2014, illegal aliens committed fmp: / /dailysignal .cam / /pint ?pmt_id = 231167 1/2 M10/2016 Local Officials Ativacaling Sangwry Pclicies Put Illegal Criminals Ahead of Americans - The Daily Signal over 600,000 crimes — including nearly 3,000 homicides and almost 8,000 sexual assaults —in that state alone. No wonder Texas is leading 26 states in a lawsuit against the federal government that has sofa r successfully blocked Obama from implementing his 2014 immigration amnesty plan. When local jurisdictions protect illegal aliens from law enforcement, they enable them to commit more crimes. Kathryn Steinle, a 32- year -old resident of San Francisco, would be alive today but for that city's sanctuary policy. On July 1, she was murdered by an illegal alien who had previously committed seven felonies. The man who shot her in the back, Juan Francisco Lopez- Sanchez, had been released from custody by San Francisco after city officials decided not to prosecute him on a drug charge. They did not hand him over to U.S. Immigration and Customs Enforcement, even though the agency had filed an immigration detainer on him. Lopez- Sanchez stated in an interview that "he knew San Francisco was a sanctuary city where he would not be pursued by immigration officials." It was an all too familiar story. In 2008, an illegal alien gang member murdered a father and his two teenage sons as they returned to their San Francisco home from a family barbecue. The killer had been convicted of two violent felonies as a juvenile: a gang - related assault and the attempted robbery of a pregnant woman. But because San Francisco's policy is to ignore immigration status, federal authorities were never informed that the two -time felon was in the country illegally. Every day, thousands of innocent Americans are victimized by sanctuary policies that allow dangerous predators to roam their cities. Local officials are putting the welfare of criminals who have no right to be in our country above the welfare of their law- abiding citizens. These policies must be changed. If the politicians running those cities won't do so, perhaps the next administration will direct the Justice Department to enforce U.S. law and force them to change these dangerous policies. Originally published in The Washington Times. hi tpl /dailysignaLcomOpic0post_itl= 23116] 22 ROANOKE CITY COUNCIL RECESSED SESSION APRIL 28, 2016 7:00 P.M. CITY COUNCIL CHAMBER F-1w =I.I1L1 1. Call to Order -- Roll Call. Council Member Bestpitch and Vice -Mayor Trinkle were absent. 2. Invocation. Council Member Sherman P. Lea. 3. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. 4. Welcome and Statement of Purpose. Mayor Bowers. NOTICE Inasmuch as the regular playback for the Roanoke County Board of Supervisors meeting is tonight, the two public hearings will not be televised live; however it will be replayed on RVTV Channel 3 on Sunday, May 1 at 4:00 p.m., and Monday, May 2 at 7:00 p.m., and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. The purpose of the recessed meeting tonight is to conduct two public hearings: (1) the Proposed Recommended Budget for the City for Fiscal Year 2016 -2017; and (2) the 2016.2017 HUD funding. The Proposed Recommended Budget for FY2016 -2017 will be adopted at a meeting of the Council on Monday, May 9 at 2:00 p.m., in the Council Chamber. There will be no discussion or action taken by the Council tonight. 5. Public Hearings: a. Recommended Fiscal Year 2016 - 2017 City of Roanoke Budget. b. Recommended 2016 - 2017 HUD Fund Budget and Annual Update. 6. Adjourn. 7:16 P.M. CITY OF ROANOKE CITY COUNCIL _IS ChurchA en e,S W. _ Noel C. Taylor Municipal podding, Suite 456 Roanoke, Virginia 24011-1536 -- lelephove_ (540) 85 -2541 DAVID A. BOWERS fax (540)853 -1145 Mavor April 28, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpilch Raphael E "Ray" Fcrris Sherman P Lea Anita J. Price (',,an G. Rosen David B. Trinkle This is to advise you that I will not be present at the 7:00 p.m. recessed meeting of Council on Thursday, April 28, 2016. Best wishes for a successful meeting. Si erely, avid B. Trinkle Vice -Mayor DBT /ctw :: CITY OF ROANOKE „.\ CITY COUNCIL 15 Church A en e, S. W. _ n'oel C raylor Municipal Building, Suite 4% Roanoke, Vrgima 24011 -1536 - -' - � i telephone: (540)853-254J DAVID A. BOWERS Fax (540)853 -1145 Mayor April 28, 2016 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 I. Price Court G. Rosen D.5-id B. Trinkle This is to advise you that I will not be present at the 7:00 p.m. recessed meeting of Council on Thursday, April 28, 2016. Best wishes for a successful meeting. Sincerely, William D. Bestpitch Council Member ILUNT30 Date Category Description Ad Size Total Cost 04120/2016 Any Virginia BOA CITY OF ROANOKE RECOMMENDED 2016 -17 BUDGET 4 x 8.00 IN 1,359.12 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 CITY OF ROANOKE RECOMMEND was published in said newspapers on the following dates: 04/20/2016 The First insertion being given ... 04/20/2016 Newspaper reference: 0000299597 Bi ing Repre entative Sworn to and subscribed before me this Wednesday, April 20, 2016 �Ap otO,Jriui,na,. Notary Public �,3P��Et)3F�PF'Ls. State of Virginia = ; eltG',eiunoNNO. `. Ci q MyCcjr.,M rX aipe — My Commission expires meet' �•0��4RV PVO�\G �� THIS 13 NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU The Roanoke Tlftv2 §' -L`.I F.�f: hi i'';14 Account Number Roanoke, Virginia 6005427 Affidavit of Publication Date CITY OF ROANOKE April 20, 2016 CITY OF ROANOKE, CITY CLERK 215 CHURCH AVE SW, ROOM 456 �Oanoku, VA 24011 Date Category Description Ad Size Total Cost 04120/2016 Any Virginia BOA CITY OF ROANOKE RECOMMENDED 2016 -17 BUDGET 4 x 8.00 IN 1,359.12 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 CITY OF ROANOKE RECOMMEND was published in said newspapers on the following dates: 04/20/2016 The First insertion being given ... 04/20/2016 Newspaper reference: 0000299597 Bi ing Repre entative Sworn to and subscribed before me this Wednesday, April 20, 2016 �Ap otO,Jriui,na,. Notary Public �,3P��Et)3F�PF'Ls. State of Virginia = ; eltG',eiunoNNO. `. Ci q MyCcjr.,M rX aipe — My Commission expires meet' �•0��4RV PVO�\G �� THIS 13 NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2016 -17 BUDGET Puaunnt to Section 15.2 -2506, Code of Vltglma 0950) as ann ieq noire Is hereby i that an Thursdag.lprtl 28, 2016 at 7:00 pm, or as scan thereafter as the matter may be heard, Roenake City Council N'CI hole a treating in the City Caused Comber, (Joel C. Taylor Municipal Bunting, 216 Chunc AVenpe SY1, Ro2nclea .rgina, for the pmpnse of Mlaing a public normal on the recommended 2016 -17 City Budget An persans shall bevorted an occonunity to speak and state mgr Naas wricar ng 211 aswa; of Cue budget Wihnn Snph reascral tlme ratio as than be eSaC I Clad by City CO'JnCll. V.'dtlen CommRn$ at IottreSed C OERS a W'N :N Ce racel'Jea by UiC Cty C ed(al2ny tlTt FnOrfOlhe tleanrrg. It you are a person vuh a disanii'y yoro needs axorramodatl^,ms fa Its puniiu he2nng, Itasca contact the City Clerk's Ounce. (640) 853-2541 - by noon r.landay.Apcl 25, 2016 COmplete copies a tea recoa.mecded 2016 -17 Budget Ml he avalabte fix public inspacton on and aflenYJednasday All 20.2016. at the City Clenk's Odlee. Room 456. and the Cy Klaaager's 0li'ce, Roam 364, beta donate lounged I..9 Cue Noel C. Tayla MoniGpel Bua:ding, 215 Chumh Avenue ,S4V,R,kuxke,V.rginla,attra Main Pub'i, barely correct at 766 S. Atku;n Street. Roareake.%r ia'a. and alisswroara Va gay The amounts presented lot the revenue arlin ate for To Coder Rpiennas cathgcry and me reCan.nlenced axiber lU(95 far the Nan- Oeporuna0t ca aci are local by approximately $900,000 fran Lae 1,110013 (roll n iha leeomme o 2016 -17 Budget to acmcCl for boddicl9 revenue inereases; The budget Yllll not a%cesd the reVeMs and experMlfure eategOry aul TCe race Three led 2016 -17 Budget aim me eiumaa noted for be car3 ss of Ctcer Revenues and Non Depafunenal dorandIdeas is vnm@h2E1 In the faLading revenue and exposes tore Wadi 8m5Jnts as foll-ea; REVENUE ESTIMATES: RECOMMENDED EXPENDITURES: General Fund: General Fund: Genets Pmpertyiams S 114,528,C>a0 EcorRmq S 1418,896 Other food raves 81,406,000 Edir-etun 62205,297 irculFecs &LCorses 1,147,000 Goad Gevcmmeat 17922,199 Firs and Ferrel es 1,284,000 Human Serices 37.575,669 Revecue from Usadlocey& Property 221,000 Iefrasttuete2 21614,666 Inxtergmerthi Rpednua— StaeTcderal 70,863,100 1lity 15,433,136 Charges for Carl Services 11,015,000 Non-0aparll 29.976,417 OberRereme 1538000 DUS'daAaenCles 8.544.732 TOTAL - GENERAL RIND 282000000 SN_ly 67299026 Proprietary Fundy TOW - GEN€RAL FUND S282000.NO • Ertemdse Funds: Pmnrieiary Funds' Civic Faaaes Furd 2� 280657 •Enterl Fulls Fading Furd 3$ 6 "0452 Ciac Facil9lcs Ford S 251 2 Slorl Furi S 5654 W 0 Parleq Fund c 3 Ron 452 Stsrmrrnta Fund S 5654090 •'n�ma! Sxrvice Funds eedMaaage¢xlFurd S 7700938 •IrtanalSerucel Bz,k Maragarem Furd 517350238 Fleet Management Fund S 7700938 Ta.Bnc'3gy Fund 7S 011905 Fisk 6lantgemem Fmd C 17.350238 Technology Fund 57066905 School Fund: General Fund S18-10:0 C-110 SchoolFrnd Fact 3ardces Furd 8S 5WW0 Gebaral Fund SIWMUDS Food Semi Fend S 8.500000 Evan unCermy hand this 15th day of April, 2016 Stephanie Pd. Mocn RaynOms, CHIC, Cry Clerk it U NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2016 -17 BUDGET Pursuamto Section 15.2 -2506, Code of Virginia (1950),2S amended, notice is herebygiven that on Thursday, April 28, 2016 at 7:00 p.m., or as soon thereafter as the matter may be heard, Roanoke City Council will hold a meeting in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the recommended 2016 -17 City Budget. All persons shall be afforded an opportunity to speak and stale their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council . Written comments of interested citizens also will be received by the City Clerk at anytime prior to the hearing. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office, (540) 853 -2541, by noon, Monday, April 25, 2016. Complete copies of the recommended 2016 -17 Budget will be available for public inspection on and after W ednesday, April 20, 2016, at the City Clerk's Office, Room 456, and the City Managers Office, Room 364, both offices located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia; at the Main Public Library located at 706 S. Jefferson Street, Roanoke, Virginia; and at www.roanokeva.gov. The amounts presented for the revenue estimate for the Other Revenues category and the recommended expenditures for the Non - Department category are increased by approximately $900,000 from the amounts included in the recommended 2016 -17 Budget to account for possible revenue increases. The budget will not exceed the revenue and expenditure category amounts. The recommended 2016 -17 Budget with the estimate noted forthe categories of other Revenues and Non - Departmental expenditures is summarized in the following revenue and expenditure category amounts as follows: REVENUE ESTIMATES: General Fund: General Property Taxes $114,528,000 Other Local Taxes 81,406,000 Permits, Fees & Licenses 1,147,000 Fines and Forfeitures 1,284,000 Revenue from Use /Money & Property 221,000 Intergovernmental Revenue — State /Federal 70,863,000 Charges for Current Services 11,015,000 Other Revenue 1.536.000 TOTAL - GENERAL FUND $282 000 000 Proprietary Funds: Enterprise Funds: Civic Facilities Fund $2 280 067 Parking Fund $3 608 452 Stormwater Fund U&54 000 Internal Service Funds: Fleet Management Fund $7,700938 Risk Management Fund $t 7 350 238 Technology Fund 7 066 905 School Fund: General Fund Food Services Fund RECOMMENDED EXPENDITURES: General Fund Economy Education Good Government Human Services Infrastructure Livability Non - Departmental Outside Agencies Safety TOTAL - GENERALFUND Proprietary Funds: • Enterprise Funds: Civic Facilities Fund Parking Fund Stormwater Fund • Internal Service Funds: Fleet Management Fund Risk Management Fund Technology Fund School Fund: General Fund Food Services Fund Given under my hand this 15th day of April, 2016. $180 000 000 1 500 000 $1,418,896 82,205,257 17,922,199 37,575,669 21,614,668 15,443,136 29,976,417 8,544,732 67.299.026 $282 000 000 $2 280 067 _3 608 452 5 654 000 L7 700 938 $17,350,238 $7,066.90 80 000 004 $8.500.00 Stephanie M. Moon Reynolds, CMC, City Clerk NOTE TO PUBLISHER: Please publish in full, block style, once in The Roanoke Times Virginia Section on Wednesday, April 20,2016. Proof copy requested. Send to: Leisha Cook, Legal Secretary Leisha.Cook@roanokeva.gov And to Lesha VanBuren Administrative Assistant III 215 Church Avenue, S. W., Room 357 Roanoke,VA 24011 Phone 853 -6800 Please send publisher's affidavit to. Stephanie M. Moon Reynolds, CMC, City Clerk Room 456, Municipal Building Roanoke,VA 24011 Please send bill to Lesha VanBuren Administrative Assistant III 215 Church Avenue, S. W., Room 357 Roanoke,VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication t'I Of 1Rxnol(t, STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW. SUITE 456 ROANOKE, VA 24011 Account Number 6011439 Date April 06, 2016 Date Category Oescriptlon Ad Slze total Cost 04/0612016 Any- Virginia RDA 2016 -2017 HUD FUNDS BUDGET AND 2016- 2017ANNUAL U 3 x 5001N 697.45 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 2016 -2017 HUD FUNDS BUDGE was published in said newspapers on the following dates: 04/0612016 The First insertion being given... 0410612016 Newspaper reference: 0000293654 t'-�- Bi ing Repr se alive Sworn to and subscribed before me this Wednesday, April 6, 2016 4�(aaw AMMO �1�,,,, nl. —";. '-� ZP�iEST97.''. Notary Pt tic �° �P M�Mrr F C.Qt1` f9�17i �i State of Virginia -� F' g _ e6r>fsnnnoNNO.'- City/County of Roanoke 70a9e23 `- M Commission expires 30 V = �` '0m 6�InESi Y P ��c GhJO�IQ� � YIRGINV ... NO7gRV PS00 ..` . S� P,1l PLEASE PAY FROM INVOICE. THANK YOU Putsuan1 to 24 (FR 91105, wtla if hereby grvan that on Thai April 28,,2016,a7OSpm, or as wml Houston a the marts may be limy the M Coqundlof Roanoke, Norma, will meet In the(tty faunal Chamber, 4th Hoop NedC Taylor Munidpal BuiMirg, 215 Ned, Assay,, Sw, Al here Q, lm the Pream Of hdeldmga Tubbs hei on the (pro Aemntntrnded allilOP HUD Foul Budget and 2016- 2011Annwl Upoi NDO Year Consuldated Plan. Allpelaparem e afloNedanop porrnlique, tkandstatetheirview smnumingallasp ZuftMtetwm bWgetaMannWupdatewilhlnsmh6 asooabletlmelnbassNlI heesgblerodby(lly(nuned Whiten mmmau o(thmmteA pendent wit be doehed by the (M Cork at am ante Throw too hahrU Cry (dundl will vets on the Aemrroul M162012 HUD Funds Buret and 2016 201 Update at M oplarysebeduled mer to to Wit on Mond, May9, N1N mmplmnopinofthe2016mnHU01undsBudgetand2016301] AnnualUpdatetomemndlesPlan ,areaallade opnble enshroud heglmmangwedne,eay, ApN6,1016,atthe(sly OerVs War Rwm456kum, Noll(. Taylor Muriati Bull 21S(opMAcewe SW, AanoYe VA 101 and the HUD Ethano dy Aemurces OMMIOn DMa. Rgom 305 NOnA Noel QaybrMUnldpal BUPEloU 215(hunA Avenue,SW,RwnokeVA 24011 ;Oryllhmry Main AmnA aO065. leReoden SoeuSW „AawYeVA 24016; andthepoanoke RMeMOpmemaMHOmingAmhohry, 3624 Salemiumpik ¢NW, AUxwkVA 24012. Im Rnommended20 &2011 N00 Funds Budget and the 2016p12 Annul Update art alw availahk on the(Ms wxbsrte at wxwmmoknagw. Vkhrodranna s on the Aemmmended 20162612HUDFunhr Ruiptand the 41163012 Annal Opole wit be aaepled through Edtlq, May 6, 2016, at 41 pm EDT at the HUO(ommtral Words Dnlner,urs.305Ndenh. NOelC hylorMuniopal BUilAnry 215 murthAvence,SW, RwnokVA 24011 orerta0m AdmlklNnd Ceaanokeva gw. the Be(ommended2016209H691Eu ds Budgewasfollows'. AEVENUEESIIMAIES. AE(OMMENOEOENPENDINAB'. CDBGID163112fnddementGa9(_ }1,519,x0 Hould,Drodmi 512306W (OBG Pdo Ya (anrare aM Pmgmm In owe _ SDOW He °nhMlnm Derelr�nt _. 430000 HOME20152016E4demeutGant _ GIBSn F�mml _ 0 NOMEAbrYear(anv melaM fueslP w am llvnme IISODO Homan SemeslmddlMderekssi,ional!el .._3324417 EG20152016Etmemmt(nnt �362M PNdereandAdmimprebn wel TOAt EUDESTMATE0REV NJE $2291248 TOTAIAE(OMMfNOEDEdPENDfNRES 51191,249 AllwM desteresparkattrepubll (haring should orl the GU, Her oPo¢ 0115401 BS3 R41 IndhMwhwWad1saWlry moral an azmmmnmMn sMmdammlthe(Ay(Ier 5uU a byl2Wnwn EOTon MOndm Aplil2S, 2016. [or banhe lntonnadon about the meeting or to cannot or Inquire about the Remmmendo]➢16 2017 HUD Funds Moreland 2016,20 narlUpdat4mnwd the Commune, Oounds Olnoopi DQr 85346404 r,redunaermytendthistnchar oRm6 - Spphank M. MOOn Aeynolds(ri 07(- NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2016 -2017 HUD FUNDS BUDGET AND 2016- 2017ANNUAL UPDATE Pursuant to 24 CFR 91.105, notice is hereby given that on Thursday, April 28, 2016, at 7:05 p.m., or as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City Council Chamber, 4'" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the City's Recommended 2016 -2017 HUD Funds Budget and 2016 - 2017Annual Update to the 5 Year Consolidated Plan. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the recommended budget and annual update within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. City Council will vote on the Recommended 2016- 2017 HUD Funds Budget and 2016 -2017 Annual Update at its regularly scheduled meeting to be held on Monday, May 9, 2016. Complete copies of the 2016 -2017 I IUD Funds Budget and 2016 -2017 Annual Update to the Consolidated Plan, are available for public inspection beginning Wednesday, April 6, 2016, at the City Clerk's Office, Room 456 South, Noel C " Taylor Municipal Building, 215 Church Avenue S.W., Roanoke VA 24011 and the HUD Community Resources Division Office, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA 24011; City Library Main Branch at 706 S. Jefferson Street S.W., Roanoke VA 24016; and the Roanoke Redevelopment and Housing Authority, 2624 Salem'Fumpike, NW, Roanoke VA 24017. The Recommended 2016 -2017 HUD Funds Budget and the 2016 -2017 Annual Update are also available on the City's website at www.roanokeva.eov. Written comments on the Recommended 2016 -2017 HUD Funds Budget and the 2016 -2017 Annual Update will be accepted through Friday, May6, 2016, at 4:00 pm EDT at the HUD Community Resources Division, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA 24011 or email to Keith. Holland(,goanokcva.gov" The Recommended 2016 -2017 HUD Funds Budget is as follows": REVENUE ESTIMATES CDBG 2016 -2017 Entitlement Grant $1,529,060 CDBG Prior Year Carry-over and Program Income 500,000 HOME 2015 -2016 Entitlement Grant 448,902 HOME Prior Year Carryover and Excess Program Income 175,000 ESG 2015 -2016 Entitlement Grant 138,286 TO FAL HUD ESTIMATED REVENUE $2,791,248 RECOMMENDED EXPENDITURES Housing Development $1,750,600 Neighborhood Development 430,000 Economic Development 0 Human Services (including homeless assistance) 324,417 Planning and Administration 286,231 TOTAL RECOMMENDED EXPENDITURES $2,791,248 All who desire to speak at the public hearing should contact the City Clerk's office at (540) 853 -2541. Individuals with a disability needing an accommodation should contact the City Clerk's office by 12:00 noon EDT on Monday April 25, 2016. For further information about the meeting or to comment on or inquireabout the Recommended 2016 -2017 HUD Funds Budget and 2016- 2017Annual Update, contact the Community Resources Division at (540) 853 -6404. Given under my hand this 1st day of April, 2016. Stephanie M. Moon Reynolds, City Clerk NOTE TO ROANOKE TIMES: Please publish this notice in the Roanoke Times for one day, Wednesday, April6, 2016. Publish in full, block style. This notice may not appear in that portion of the newspaper reserved for legal notices and classified advertisements. For questions regarding this notice contact Keith Holland, Department of Planning, Building and Development, 853 -6404. Send publisher's affidavit to: Stephanie M. Moon Reynolds, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 Send bill to: Keith Holland Dept. of Planning, Building and Development Community Resources Division Room 305 North, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536